Ending Qualified Immunity Act This bill eliminates the defense of qualified immunity in civil actions for deprivation of rights. Qualified immunity is a judicially created doctrine that protects government employees or those acting with state authority from being held personally liable for constitutional violations. The bill provides that under the statute allowing a civil action alleging deprivation of rights under color of law, it shall not be a defense or immunity to any such action that (1) the defendant was acting in good faith or believed that his or her conduct was lawful at the time it was committed; (2) the rights, privileges, or immunities secured by the Constitution or federal laws were not clearly established at the time of their deprivation; or (3) the state of the law was such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.
Right to Remain Safe Act of 2021 This bill generally requires a local government to certify that its municipal police department has not been defunded in order to be eligible for grant funding from the Department of Justice.
Ensuring Quality Access to Legal Defense Act of 2021 or the EQUAL Defense Act of 2021 This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2025 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.
No Guns for Abusers Act of 2021 This bill authorizes the Department of Justice (DOJ) to make grants for states, local governments, and tribal governments to implement procedures to remove firearms from individuals who are charged with or convicted of domestic violence or subject to a domestic violence protective order. The National Institute of Justice must report on best practices for implementing such procedures, and DOJ must submit federal legislative recommendations in accordance with the best practices.
Fairness for All Act This bill prohibits discrimination on the basis of sex, sexual orientation, or gender identity, while providing certain benefits and exemptions to religious providers. An otherwise qualified religious provider shall be eligible to receive federal financial assistance for a particular service without regard to the provider's religious views or teachings. The bill expands the definition of public accommodation to which sex discrimination laws apply, including to cover providers of financial services, medical services, and providers of transportation services. Exceptions from these sex discrimination prohibitions are made for (1) religious camps or religious retreat centers unless they also discriminate based on race, color, or national origin; and (2) providers of funeral services or burial plots that primarily limit their services or facilities to those of a particular religion unless the provider discriminates based on those factors. Agencies authorized to administer federal financial assistance for the support of adoption and foster care services shall issue final rules within two years of this bill's enactment to create an indirect funding program that delivers such assistance to eligible prospective parents for the purpose of obtaining adoption and foster care services through a qualified private agency that they select. The bill (1) exempts a church or religious organization from claims of employment discrimination because of sexual orientation or gender identity under specified circumstances; and (2) prohibits sanctions for certain employee speech regarding the employee's religious, political, or moral beliefs in the workplace. The bill establishes certain anti-bullying policies for public elementary and secondary schools, including cyber bullying. Any determination of the tax-exempt status of a charitable organization shall be made without regard to the organization's religious beliefs or practices concerning marriage, family, or sexuality, except insofar as such practices pertain to race or criminal sexual offenses punishable under constitutionally valid federal or state law.
Justice for Black Farmers Act of 2021 This bill directs the Department of Agriculture (USDA) to provide a variety of assistance to address historical discrimination and disparities in the agricultural sector. For example, the bill establishes an equity commission in USDA to examine discrimination by the agency against Black farmers and ranchers and recommend actions to end the systematic disparities in the treatment of Black farmers and ranchers. USDA must also establish a Farm Conservation Corps to provide young adults who are from socially disadvantaged groups with the skills necessary to pursue careers in farming and ranching. The bill provides funding for historically Black colleges and universities to commence and expand courses of study that are focused on careers in agriculture or related disciplines. The bill also increases the authorization of appropriations for a program to resolve issues relating to ownership and succession on farmland. Additionally, it expands credit assistance for socially disadvantaged farmers and ranchers. Further, the bill (1) establishes that a minimum of 50% of a covered packer's (not including a packer that owns only one livestock processing plant) daily volume of livestock slaughter must be purchased through spot market sales from nonaffiliated producers; (2) increases funding for the Local Agriculture Market Program; and (3) gives priority to socially disadvantaged farmers and ranchers for conservation technical assistance, the Conservation Stewardship Program, and the Rural Energy for America Program.
This bill requires the Government Accountability Office to study the efficacy and adverse impacts of wearing masks to reduce the spread of COVID-19 (i.e., coronavirus disease 2019). This study must specifically address the effectiveness of masks in preventing COVID-19 compared to less restrictive measures; safety concerns with the types of masks commonly worn, including N-95 and medical masks; and the potential negative health impacts of wearing masks.
Sergeant First Class Javier J. Gutierrez Purple Heart Survivor Naturalization Fee Relief Act of 2021 The bill requires the Department of Homeland Security to waive fees for naturalization and certain immigration-related benefits for the immediate relatives of a Purple Heart recipient. Generally, the children, spouses, and parents of a Purple Heart recipient shall qualify as an immediate relative.
Pandemic Heroes Compensation Act of 2021 This bill allows essential workers and their family members to file claims and receive compensation for harm or death suffered as a result of COVID-19 (i.e., coronavirus disease 2019). A Special Master appointed by the Department of Justice must review claims submitted and determine if a claimant is eligible for compensation, the extent of the harm to the claimant, and the amount of compensation to be awarded.
Mental Health Justice Act of 2021 This bill creates a grant program for states and local governments to train and dispatch mental health professionals to respond, instead of law enforcement officers, to emergencies that involve people with behavioral health needs. The Substance Abuse and Mental Health Services Administration (SAMHSA) must manage the program in consultation with the Department of Justice (DOJ). SAMHSA may cancel grants that increase incarceration or institutionalization. Grantees must use funds for purposes including de-escalation and anti-racism training. The Department of Health and Human Services and the DOJ must evaluate this program.
Do No Harm Act This bill prohibits the application of the Religious Freedom Restoration Act of 1993 (RFRA) to specified federal laws or the implementation of such laws. Currently, RFRA prohibits the government from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except in furtherance of a compelling governmental interest when using the least restrictive means. Under the bill, RFRA is inapplicable to laws or the implementation of laws that protect against discrimination or the promotion of equal opportunity (e.g., the Civil Rights Act of 1964); require employers to provide wages, other compensation, or benefits, including leave; protect collective activity in the workplace; protect against child labor, abuse, or exploitation; or provide for access to, information about, referrals for, provision of, or coverage for, any health care item or service. The bill prevents RFRA from being used to deny (1) goods or services the government has contracted, granted, or made an agreement to provide to a beneficiary of or participant in a program or activity funded by such government contract, grant, agreement, or other award; or (2) a person's full and equal enjoyment of a government-provided good, service, benefit, facility, privilege, advantage, or accommodation. In order for a person to assert a RFRA claim or defense in a judicial proceeding, the government must be a party to the proceeding.
Protect the Youth Vote Act of 2021 This bill outlines specific practices that violate the Twenty-Sixth Amendment to the Constitution, identifies actions that are voting offenses, and provides for the enforcement of the amendment. The Twenty-Sixth Amendment sets the voting age at 18 and prohibits states or the federal government from denying or restricting the right to vote based on age. First, the bill specifies those actions by a state or political subdivision that qualify as a violation of the right to vote based on age, including laws that reduce or restrict the ability of students who attend an institution of higher education and reside in the jurisdiction of the institution to register to vote in that jurisdiction. It also provides for (1) criminal penalties for such violations, and (2) preventive relief such as an injunction or a restraining order. Next, the bill allows for the appointment of federal observers to enforce voting rights related to age. The Department of Justice may monitor and enforce such voting rights whenever federal observers are appointed. Further, the bill specifies other actions that are voting offenses. It also establishes criminal penalties for certain voting offenses, including those related to duplicative voting and the deprivation of voting rights. The bill also sets forth requirements for a state or political subdivision to notify the public about changes with respect to the voting procedures for federal elections.
