Rep. Jesús G. "Chuy" García

Stop Corporate Capture Act This bill modifies the process for federal agency rulemaking. Specifically, it (1) requires interested parties who submit a study or research as part of a comment to a proposed rule to disclose the source of the funding for the study or research, (2) limits the use of the negotiated rulemaking process to government agencies, (3) provides statutory authority for the judicial principle that requires courts to defer to an agency's reasonable or permissible interpretation of a federal law when the law is silent or ambiguous (i.e., the Chevron doctrine), and (4) establishes an Office of the Public Advocate to support public participation in the rulemaking process.

Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2022 or the REPEAL HIV Discrimination Act of 2022 This bill addresses federal and state laws, policies, and regulations that may burden people living with HIV/AIDS. Specifically, the bill directs the Department of Justice (DOJ), the Department of Health and Human Services (HHS), the Department of Defense (DOD), and the White House Office of National AIDS Policy to initiate a national review of federal (including military) and state laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS. DOJ must transmit to Congress and make publicly available the results of such review with related recommendations. The White House Office of National AIDS Policy must also develop and publicly release guidance to assist states with handling relevant cases. The office, DOJ, HHS, and DOD must transmit to the President and Congress any proposals necessary to implement adjustments to federal laws, policies, or regulations. This bill shall not be construed to discourage the prosecution of individuals who act with the intent to do harm to another individual by intentionally transmitting HIV.

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.

9/11 Immigrant Worker Freedom Act This bill provides lawful permanent resident status to qualifying aliens who performed rescue, debris cleanup, or related services following the September 11, 2001, attacks. This bill shall apply to an alien who (1) performed a certain number of hours of such services in New York, New York, after the attack; (2) was exposed to debris from the former World Trade Center and airborne toxins while performing vehicle maintenance services after the attack; or (3) performed rescue, cleanup, or related services following the attack on the Pentagon or the aircraft crash in Shanksville, Pennsylvania. An individual who has applied for lawful permanent resident status under this bill shall receive work authorization while the application is pending. An individual who willfully makes a material misrepresentation or material omission related to the performance of these services may not receive lawful permanent resident status under this bill.

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.

Reduce Financial Barriers to Immigration and Citizenship Act of 2021 This bill prohibits the Department of Homeland Security (DHS) from charging fees for certain immigration applications (or petitions), requires DHS to provide fee waivers to certain applicants, and addresses related issues. DHS may not impose fees for certain applications for or related to (1) asylum or refugee status, (2) special immigrant juvenile status, (3) U or T non-immigrant visas (victims of certain crimes such as human trafficking), (4) the Violence Against Women Act, (5) special immigrant status for Afghan or Iraqi nationals employed by the U.S. government, or (6) immigration-related fee waivers. DHS must also waive immigration-related application fees for an applicant who receives a means-tested benefit or meets certain conditions related to financial hardship. However, DHS is not required to provide fee waivers for applications for certain employment-based immigration benefits. Receipt of a fee waiver may not be used as a factor (1) for determining whether an alien should be considered a public charge, or (2) when considering an affidavit of support filed by a sponsor. The bill also requires all collected immigration-related adjudication fees to be used only to fund the adjudication and administration of immigration benefits and naturalization.

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.

Frank Harrison, Elizabeth Peratrovich, and Miguel Trujillo Native American Voting Rights Act of 2021 This bill addresses the voting rights of Native American and Alaska Native voters and voting access on tribal lands. The bill includes provisions expanding the types of facilities that can be used as voter registration agencies; increasing polling site accessibility, including by expanding early in-person voting and providing ballot drop boxes; providing enforcement power to citizens and attorneys general; requiring approval for actions like moving a polling place; validating certain tribal identification for voting or registering to vote; permitting voters to designate another individual to return a ballot on their behalf; and expanding requirements for bilingual voting accessibility. In addition, the bill establishes a Native American voting task force grant program for the purpose of increasing voter outreach, education, registration, turnout, and accessibility for Native American communities. The bill also directs the Government Accountability Office to study and report on (1) the prevalence of nontraditional or nonexistent mailing addresses among Indians, members of tribes, and individuals residing on Indian lands; and (2) the alternatives for removing barriers to voter registration, receipt of voter information and materials, and receipt of ballots.