Sen. Kirsten E. Gillibrand

Pregnant Workers Fairness Act This bill prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions. A qualified employee is an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the position, with specified exceptions. Specifically, the bill declares that it is an unlawful employment practice to fail to make reasonable accommodations to known limitations of such employees unless the accommodation would impose an undue hardship on an entity's business operation; require a qualified employee affected by such condition to accept an accommodation other than any reasonable accommodation arrived at through an interactive process; deny employment opportunities based on the need of the entity to make such reasonable accommodations to a qualified employee; require such employees to take paid or unpaid leave if another reasonable accommodation can be provided; or take adverse action in terms, conditions, or privileges of employment against a qualified employee requesting or using such reasonable accommodations. The bill sets forth enforcement procedures and remedies that cover different types of employees in relation to such unlawful employment practices. The Equal Employment Opportunity Commission must provide examples of reasonable accommodations that shall be provided to affected employees unless the employer can demonstrate that doing so would impose an undue hardship. The bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this bill.

Performing Artist Tax Parity Act of 2021 This bill modifies the tax deduction for the expenses of performing artists (including commissions paid to managers or agents) to provide for a phaseout of such deduction for taxpayers whose adjusted gross income exceeds $100,000 ($200,000 for joint return filers). The $100,000 phaseout threshold is adjusted for inflation annually for taxable years beginning after 2021.

Creative Economy Revitalization Act This bill requires the Department of Labor to award grants to government and nonprofit agencies to provide programs that employ individuals and provide public access to art or arts programming.

Opportunities for Fairness in Farming Act of 20 21 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. A board or its employees or agents acting in their official capacity may not engage in any act that may involve a conflict of interest; anticompetitive activity; unfair or deceptive act or practice; or act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

This resolution honors the life of Robert Dove, Parliamentarian Emeritus of the Senate, and offers the condolences of the Senate regarding his death.

ESP Family Leave Act This bill allows education support professionals to meet the hours of service requirements for family and medical leave if they have worked a number of hours equal to not less than 60% of the total monthly hours expected for their job descriptions and duties, as assigned for the previous school year. Education support professionals are employees within a public school or public institution of higher education which may include specified staff, such as paraeducators, administrative support staff, custodians, skilled trade workers, and nursing support staff. The Department of Labor may provide a method for calculating such leave for these professionals.

This resolution applauds and expresses support for the continued cooperation between the United States and the European Union in thwarting Hezbollah's terrorist activities. It also urges the European Union to designate Hezbollah in its entirety as a terrorist organization.

Tyler Clementi Higher Education Anti-Harassment Act of 2021 This bill addresses harassment at institutions of higher education (IHEs). Specifically, the bill requires each IHE to include in its annual security report a statement of policy regarding harassment on the basis of a student's actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), disability, or religion. In addition, the Department of Education may award grants to IHEs to initiate, expand, or improve programs to (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; or (3) educate and train students, faculty, or staff to prevent harassment or address harassment if it occurs.

Radiation Exposure Compensation Act Amendments of 2021 This bill expands two programs that compensate individuals who were exposed to radiation during certain nuclear testing or uranium mining and subsequently developed medical conditions, including cancers. First, the bill expands and extends a program that compensates individuals who were exposed to radiation from atmospheric nuclear testing or other sources and subsequently developed specified cancers. Under current law, this program compensates individuals who were present in a designated geographic area during a period of nuclear testing and certain individuals employed in uranium mining. The bill expands the designated areas to include Colorado, Idaho, Montana, New Mexico, and Guam and additional areas in Arizona, Nevada, and Utah; makes more individuals who worked in uranium mining eligible for the program; increases the amount of compensation awarded to and provides medical benefits for eligible claimants; and extends for 19 years following the bill's enactment the fund that supports this program and the statute of limitations for filing claims (currently, the program terminates on July 10, 2022). Second, the bill makes certain individuals employed in uranium mines or mills eligible for a program that compensates workers, including Department of Energy employees and contractors, for illnesses caused by occupational exposure to radiation and hazardous substances during development and testing of the nation's nuclear weapons stockpile. The bill also establishes a grant program in the National Institute of Environmental Health Sciences for institutions of higher education to study the epidemiological impacts of uranium mining and milling among individuals without occupational exposure.

Keeping Renters Safe Act This bill expressly authorizes the Department of Health and Human Services (HHS) to place a moratorium on residential evictions to prevent the spread of communicable diseases. The bill also requires HHS to implement a moratorium nationwide to reduce the spread of COVID-19. This moratorium must remain in effect for at least 60 days following the termination of the COVID-19 public health emergency. Current law authorizes HHS to take measures to prevent the spread of communicable diseases. As part of the COVID-19 response, HHS delegated this authority to the Centers for Disease Control and Prevention (CDC), which then issued (and extended) several orders banning residential evictions. Whether these orders exceed the CDC's statutory and constitutional authority has been the subject of multiple legal challenges; the Supreme Court blocked enforcement of the most recent order on August 26, 2021.