Rep. Ilhan Omar

Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act or the BE HEARD in the Workplace Act This bill expands protections against discrimination and harassment in the workplace and raises the minimum wage for tipped employees. Specifically, the bill (1) makes it an unlawful employment practice to discriminate against an individual in the workplace based on sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, or a sex stereotype; and (2) provides a statutory definition for what constitutes workplace harassment. Further, these protections apply to all workplaces, regardless of size, and to all workers, including independent contractors, interns, volunteers, and trainees. The bill prohibits employers from entering into contracts or agreements with workers that contain certain nondisparagement or nondisclosure clauses and prohibits certain predispute arbitration agreements and postdispute agreements. It also establishes grant programs to (1) prevent and respond to workplace discrimination and harassment, (2) provide legal assistance for low-income workers, and (3) establish a system of legal advocacy in states to protect the rights of workers. The bill further provides employees the right to retain their tips and it increases, in specified annual increments, the minimum wage for tipped employees to match the federal minimum wage for nontipped employees. Additionally, the bill requires the Equal Employment Opportunity Commission to provide specified training and resource materials, establish and convene a harassment prevention task force, and establish an Office of Education and Outreach with regard to prohibited discrimination and harassment in employment. The bill also requires specified studies, reports, and research on prohibited workplace harassment.

Private Prison Information Act of 2021 This bill specifies that a record related to a nonfederal prison, correctional, or detention facility must be considered a federal agency record for purposes of the Freedom of Information Act (FOIA). A nonfederal prison, correctional, or detention facility must disclose information under FOIA unless the information is exempt from disclosure or the disclosure is prohibited by law. The term nonfederal prison, correctional, or detention facility means (1) a private prison, correctional, or detention facility; or (2) a state or local prison, jail, or other correctional or detention facility.

Stop Wall Street Looting Act This bill generally revises provisions related to the regulation of private equity funds. Among other things, the bill increases financial and legal liability for these funds in the event of certain violations of law, gives employee compensation higher priority in bankruptcies, and generally prohibits the payment of dividends for two years from an acquired asset firm to a private equity fund. The bill modifies the tax treatment of carried interest—compensation that is typically received by a partner of a private equity fund and is based on a share of the fund's profits. (Under current law, carried interest is taxed as investment income rather than at ordinary income tax rates.) Among other things, the bill treats as ordinary income the net capital gain with respect to a private equity fund.

Fair Adjudications for Immigrants Act This bill narrows the scope of certain crime-based grounds for barring or removing an alien from the United States. (Generally, a conviction for certain crimes, such as a crime that carries a term of incarceration of a certain length, may constitute grounds for denying an individual certain immigration benefits.) The bill redefines the term conviction to exclude convictions that have been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned. The term must also exclude adjudications where a court issued a recommendation against removal, an order of probation without entry of judgment, or a similar disposition. In addition, any reference to a term of imprisonment or sentence must, unless otherwise provided (1) only consider the period of incarceration ordered by a court, and (2) exclude any suspended portion of a sentence. Currently, for immigration purposes, a term of incarceration includes any part of the sentence that was suspended. These provisions pertaining to the definition of conviction and terms of imprisonment shall apply to convictions and judgments entered either before or after this bill's enactment. Furthermore, certain crime-based grounds for barring or removing an alien shall not apply if the sentencing court issues a recommendation that the alien not be removed on the basis of the conviction.

Closing the Bump Stock Loophole Act of 2021 This bill subjects bump stocks to regulation under federal firearms laws. Specifically, the bill adds bump stocks to the list of firearms subject to regulation (e.g., registration and licensing requirements) under the National Firearms Act. Additionally, it includes bump stocks in the list of firearms subject to regulation (e.g., background check requirements) under the Gun Control Act of 1968.

Alternatives to Detention Act of 2021 This bill requires the Department of Homeland Security (DHS) to establish programs that are alternatives to detention for immigration enforcement and addresses related issues. Such programs must be available regardless of whether an alien is subject to a removal order or whether a charge of removability is pending, but shall not be available to certain aliens, such as those subject to mandatory detention. DHS or an immigration judge must determine, within 72 hours of an individual being taken into custody for immigration enforcement, the appropriate level of supervision for the individual and whether the individual may participate in such an alternative program. For a member of a vulnerable population (such as a victim of trafficking) or a caregiver (such as a parent of a minor), there must be a presumption that such an individual must be placed in a community-based supervision program. DHS must restore the Family Case Management Program as an alternative to detention. This program must provide community supervision and community support services through a contract with a nongovernmental organization. DHS must establish a Coordinator of Alternatives to Detention position. The Government Accountability Office must report on the use and effectiveness of the programs established under this bill.

Lifting Immigrant Families Through Benefits Access Restoration Act of 2021 or the LIFT the BAR Act of 2021 This bill repeals certain limits on the eligibility of noncitizens who lawfully reside in the United States for federal means-tested programs, including Medicaid, the Children's Health Insurance Program (CHIP), programs funded through Temporary Assistance for Needy Families (TANF) grants, Supplemental Security Income (SSI), and certain nutrition and housing programs.

Welcoming Evacuees Coming from Overseas to Mitigate Effects of Displacement Act of 2021 or the WELCOMED Act of 2021 This bill makes certain individuals from Afghanistan eligible for any benefit that is available to a refugee, such as resettlement assistance. Specifically, this bill shall apply to a national of Afghanistan (or an individual with no nationality who last habitually resided in Afghanistan) who is temporarily paroled into the United States for urgent humanitarian reasons or significant public benefit during the four-year period beginning on July 1, 2021.

Supreme Court Term Limits and Regular Appointments Act of 2021 This bill establishes staggered, 18-year terms for Supreme Court Justices and limits the Senate's advice and consent authority in relation to the appointment of Justices. Specifically, the bill requires the President to appoint a Supreme Court Justice every two years. If the appointment of a Justice would result in more than nine Justices on the Court, then the nine most junior Justices shall make up the panel of Justices exercising judicial power in cases and controversies. Further, any Justice who has served a total of 18 years is deemed retired from regular service and may continue to serve as a Senior Justice. Senior Justices may continue to perform judicial duties assigned to them by the Chief Justice. However, no Justice appointed before the date of enactment shall be counted towards such panel, nor shall they be required to retire from regular active service. In the event of a vacancy on the Court, the Chief Justice must assign the Justice most recently designated as a Senior Justice to serve on the Court until the appointment of a new Justice. Additionally, the Senate's advice and consent authority is waived if the Senate does not act within 120 days of a Justice's nomination.

Afghan and Iraqi Allies Resettlement Improvement Act This bill addresses the settlement of Afghan and Iraqi special immigrant visa (SIV) holders. (Generally, SIV holders are individuals who received visas due to their work with the U.S. Armed Forces in Iraq or Afghanistan.) The Department of Health and Human Services must survey long-term outcomes, such as employment, housing, and educational attainment, of SIV holders as part of its annual survey of refugees. The Department of State must implement additional ways to deliver information in certain languages (i.e., Dari, Pashto, or Urdu) to prospective SIV holders about resettlement in the United States to assist with their adjustment process. The State Department and the Department of Defense must jointly establish a temporary program to offer SIV holders employment as translators, interpreters, and cultural awareness instructors.