Rep. Mary Gay Scanlon

Federal Firearm Licensee Act This bill makes various changes related to federal firearms licensees, including by establishing physical security requirements and increasing licensing fees. It also amends several appropriations laws to remove limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to conduct activities related to the administration of federal firearms laws.

Bivens Act of 2021 This bill provides individuals with a statutory right to sue and recover damages from federal officials for violations of their constitutional rights. Currently, individuals have a statutory right to bring such suits against state or local officials (e.g., law enforcement), commonly known as Section 1983 suits or Bivens actions. Although the statute does not explicitly authorize such suits against federal officials, the Supreme Court has found this right to be inferred from the Constitution in certain situations (e.g., Fourth Amendment violations committed by federal law enforcement officers).

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.

Improving Patient Access to Care and Treatment Act This bill increases the number of days—from 14 to 60—within which a practitioner must administer certain narcotic drugs (e.g., buprenorphine) to a patient for maintenance or detoxification treatment (i.e., substance use disorder treatment) after receiving the drugs from a pharmacy.

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.

End Gun Violence Act of 2021 This bill prohibits the sale or disposition of a firearm or ammunition to a person who has been convicted in any court of a violent misdemeanor within the preceding five years.

Smarter Pretrial Detention for Drug Charges Act of 2021 This bill removes the presumption of pretrial detention for an individual who is charged with a federal drug offense for which the maximum term of imprisonment is 10 years or more.

Firearms Retailer Code of Conduct Act of 2021 This bill establishes requirements for federal firearms licensees (e.g., gun dealers) and their employees regarding certain business practices, training, and certification. It also prohibits licensees from transferring firearms to certain individuals, including straw purchasers, gun traffickers, intoxicated individuals, or individuals at risk of harming themselves or others.