Rep. Janice D. Schakowsky

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.

Customer Non-Discrimination Act This bill prohibits discrimination based on sex, sexual orientation, and gender identity with respect to public accommodations and facilities. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation. The bill expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services. Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin shall include protections against discrimination based on (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections. The bill prohibits an individual from being denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity. The bill also prohibits the provision of less favorable treatment with respect to pregnancy, childbirth or related medical conditions as compared to other physical conditions.

Preventing Vigilante Stalking that Stops Women's Access to Healthcare and Abortion Rights Act of 2021 This bill increases the maximum prison term for a stalking offense, if the offense is committed with the intent to obtain health care information of an individual or to prevent the health care decisions of an individual.

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.

Fostering Overseas Rule of law and Environmentally Sound Trade Act of 2021 or the FOREST Act of 2021 This bill restricts certain commodities produced on illegally deforested land from accessing the U.S. market. Specifically, the bill prohibits the importation of any product made wholly or in part of a covered commodity produced from illegally deforested land. The bill outlines requirements for import declarations of covered commodities. The U.S. Trade Representative (USTR) must, within 30 days, publish (1) an initial list of covered commodities that consists of palm oil, soybeans, cocoa, cattle, rubber, and wood pulp; and (2) an initial list of covered products that are defined by the bill in accordance with the Harmonized Tariff Schedule. These lists must be updated at least on an annual basis. Further, the USTR must identify foreign countries without adequate and effective protection against illegal deforestation caused by the production of commodities that are likely to enter the United States. The USTR must develop an action plan that includes benchmarks for each identified country. Additionally, the bill creates an interagency working group to provide advice and recommendations to the USTR, U.S. Customs and Border Protection, and other relevant agencies. The bill provides funding to assist foreign governments in combating illegal deforestation. The bill also includes illegal deforestation as a specified unlawful activity under a federal financial crime statute. The bill establishes a federal procurement preference for commodities that are not produced from land subject to deforestation.

Safety Enhancements for Communities Using Reasonable and Effective Firearm Storage Act or the SECURE Firearm Storage Act This bill establishes security requirements for the business premises of a licensed firearms importer, manufacturer, or dealer. Specifically, when the premises are closed for business, an importer, manufacturer, or dealer must secure the firearms inventory and securely store paper business records. A violator is subject to penalties—a civil fine, suspension or revocation of a license, or both a civil fine and suspension or revocation of a license.

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.