Rep. Joe Neguse

Economic Inclusion Civil Rights Act of 2021 This bill modifies the prohibition against intentional racial discrimination in the context of economic activity such as employment, contracts, or other commercial transactions. Specifically, the bill makes an action that has a discriminatory effect a violation of section 1977 of the Revised Statutes. Further, a plaintiff may prove intentional discrimination by showing only that the discriminatory intent was a motivating factor in the alleged violation. Under current law, a plaintiff must prove that the harm would not have occurred but for the defendant's unlawful conduct. Additionally, standing shall not be limited to victims who were parties to, or third-party beneficiaries of, a contract with the defendant. The bill provides for a right to jury trial and no joint-action waiver or pre-dispute arbitration agreement shall be enforceable with respect to any alleged violation. The bill provides for a four-year statute of limitations.

Stop Shackling and Detaining Pregnant Women Act This bill prohibits the Department of Homeland Security (DHS) from detaining an individual during pregnancy or postpartum recovery and addresses related issues. DHS must immediately release any detainee found to be pregnant, unless the detainee presents an immediate and serious threat of hurting themselves or others. A DHS detention facility may not use a restraint on a detainee who is known to be pregnant, including during labor, transport to a medical facility or birthing center, and delivery, or during postpartum recovery, except for medical or safety purposes. The bill requires DHS to use the least restrictive restraint necessary and prohibits certain specified restraint types, including four-point restraints and binding hands behind the detainee's back. The bill prohibits DHS detention officers from being present during a detainee's pelvic exam, labor, delivery, or treatment relating to a pregnancy, unless specifically requested by medical personnel. If a detention officer is requested by medical personnel, such officer shall be female, if practicable, and remain at a reasonable distance from the detainee. A pregnant detainee must have access to health care services, including comprehensive services relating to reproductive health care and pregnancy. DHS must provide annual training about this bill's requirements to each employee who has a role in the detention or care of a pregnant detainee or a postpartum parent of a newborn. DHS must also provide each detainee notice of their rights under this bill in the detainee's native language.

Disarm Hate Act The bill expands the categories of persons who are prohibited from receiving or possessing a firearm. Specifically, it prohibits firearm sale or transfer to and receipt, possession, shipment, or transport by a person (1) who has been convicted of a misdemeanor hate crime, or (2) who has received an enhanced hate crime misdemeanor sentence.

H-2B Returning Worker Exception Act of 2021 This bill modifies the H-2B (temporary nonagricultural workers) nonimmigrant visa program, including by exempting certain workers from an annual numerical limit on such visas and requiring civil penalties for program violations. Under this bill, if a worker seeking a H-2B visa has been counted toward the 66,000 annual cap on such visas in one of the three preceding fiscal years, that worker shall not be counted against the cap again. Furthermore, the Department of Homeland Security (DHS) must impose a civil monetary penalty on an employer for (1) failing to meet requirements related to an H-2B visa petition, or (2) making a willful misrepresentation of material fact in such a petition. DHS must also ensure the establishment of an electronic platform (1) for employers to submit and request approval of an H-2B petition, and (2) to act as a single point of access for applicants and the relevant government agencies. The Department of Labor must maintain a publicly available online database of all job orders by H-2B employers. Furthermore, Labor may take certain actions to enforce program requirements, such as imposing penalties and seeking injunctions. The bill provides statutory authority for the current practice of limiting the program to workers who are nationals of countries approved by DHS. DHS may make exceptions to this limitation in individual cases if it is in the U.S. interest to do so. DHS shall select approved countries based on various factors, such as the rate of overstay by H-2B visa holders from each country.

Support and Defend Our Military Personnel and Their Families Act This bill provides immigration-related benefits and protections for certain Armed Forces veterans. Any person who has served under honorable conditions as a member of the Armed Forces in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially designated military hostilities. (Contingency operations are operations where Armed Forces members are or may become involved in military actions, operations, or hostilities, or that result in the call to active duty.) The bill also extends the period for filing a naturalization application from six months to one year after completing eligible military service. An alien eligible for a family-sponsored visa and is either the spouse or child of a permanent resident alien serving in the Armed Forces shall be exempt from worldwide visa numerical limitations. The Department of Homeland Security (DHS) may adjust to permanent resident status an alien who is a parent, spouse, adult or minor child, or minor sibling of a person who has served in the Armed Forces under honorable conditions. DHS must give prior approval before a notice to appear in a removal proceeding may be issued against an alien veteran who has served honorably. Before giving such approval, DHS shall consider factors such as the alien's record of service and any hardship to the Armed Forces or the alien or family members if placed in removal proceedings. Such an alien may not be removed based on certain grounds of inadmissibility or a prior order of removal.

Ketamine Restriction Act This bill restricts the administration of ketamine to individuals during arrests and detentions. Specifically, the bill prohibits the administration of ketamine to an individual during an arrest or detention for a federal offense other than in a hospital for medical purposes. Additionally, a state or local government must have in place a law or policy prohibiting the administration of ketamine to an individual during an arrest or detention other than in a hospital for medical purposes as a condition of receiving grant funds under the Edward Byrne Memorial Justice Assistance Grant program and the Community Oriented Policing Services program.

Fair Representation Act This bill sets forth provisions related to ranked choice voting (a system in which voters rank candidates in order of preference) and congressional redistricting. Specifically, the bill requires (1) that ranked choice voting be used for all elections for Senators and Members of the House of Representatives, (2) that states entitled to six or more Representatives establish districts such that three to five Representatives are elected from each district, and (3) that states entitled to fewer than six Representatives elect all Representatives on an at-large basis. The bill also requires that congressional redistricting be conducted in accordance with a plan developed by (1) a state-established independent commission; or (2) if such a commission fails to enact a plan, a three-judge panel from a U.S. District Court. Further, the bill directs the Election Assistance Commission to make payments to states to implement ranked choice voting and carry out congressional redistricting.

Eviction Prevention Act of 2021 This bill authorizes the Department of Justice to provide grants to state and local governments to make legal counsel available to eligible tenants undergoing eviction proceedings. An eligible tenant is an individual whose income is less than 125% of the federal poverty level. The bill also requires the Department of Housing and Urban Development to establish a national database of evictions. The Government Accountability Office must report on the national status of legal representation of tenants in eviction proceedings, including the effects of access to representation on case outcomes.

Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes Act or the RESPECT Act This bill establishes tribal consultation procedures for federal agencies. Specifically, the bill requires federal agencies to consult with tribal governments (1) before undertaking any proposed federal activity or finalizing any federal regulatory action that may have a tribal impact, and (2) for all activities that would affect any part of federal land sharing a border with Indian land. Tribal impact refers to any federal action that may have an impact on tribal governments, including tribal cultural practices and tribal treaty-protected rights. Agencies must prepare tribal impact statements to identify potential tribal impacts of a proposed activity or action. Agencies must also make a good faith effort to identify areas that contain sacred sites important to tribal governments. The bill further outlines consultation requirements, including outreach and meeting arrangements. In general, the consultation shall conclude only upon the execution of a memorandum of agreement between the agency and the tribal government or the members of a designated tribal leader task force. Next, the bill requires agencies to take certain actions during the decision stage for a proposed activity (e.g., public comment) and for a regulatory action. Agencies must recognize and respect tribal self-government and sovereignty and grant tribal governments maximum discretion in the administration of federal statutes and regulations. Tribal governments may seek judicial review of a determination of an agency under this bill if the tribal government has exhausted all other administrative remedies.

Menstrual Equity For All Act of 2021 This bill expands access to free sanitary napkins and tampons (i.e., menstrual products) in certain locations and for particular groups. It also requires Medicaid to cover menstrual products, as well as liners, cups, and similar items used by individuals with respect to menstruation. Specifically, the bill imposes requirements to make free menstrual products available in federal and state correctional facilities (including facilities that house aliens detained by the Department of Homeland Security) and restrooms in federal buildings that are open to the public. It also establishes a demonstration grant program to support the provision of free menstrual products on campuses of institutions of higher education and permits elementary and secondary schools to use certain grants to provide menstrual products to students. Furthermore, the bill requires employers with at least 100 employees to provide free menstrual products for employees. It also permits the use of certain grants for emergency food and shelter to provide menstrual products to homeless individuals.