Sen. Michael F. Bennet

Worker Health Coverage Protection Act This bill provides health insurance premium assistance to individuals who become unemployed or are furloughed during the period beginning on March 1, 2020, and ending on September 30, 2021. Specifically, the bill treats premiums as paid for individuals who (1) are terminated from employment and elect to continue insurance coverage through the COBRA (Consolidated Omnibus Budget Reconciliation Act) program during such period, or (2) receive more than a 30% reduction in work hours during such period but remain eligible for coverage under a group health plan. The bill also specifies requirements for individuals changing, or enrolling in, health plans under the program. Additionally, the bill requires employers to provide eligible individuals specified written notice about this health insurance premium assistance, including, among other information, available health plan enrollment options and the date that such assistance expires. The Department of the Treasury must reimburse employers, group health plans, and insurance issuers through a payroll tax credit or refund for unpaid premiums that were treated as paid under the program. Premium assistance is not considered income for federal income tax purposes or for determining eligibility for federal or state benefits or assistance.

Family and Medical Insurance Leave Act or the FAMILY Act This bill entitles every employee to a family and medical leave insurance (FMLI) monthly benefit payment of two-thirds of the employee's regular pay, limited to a maximum of $4,000, for not more than 60 days of qualified caregiving. The bill establishes the Office of Paid Family and Medical Leave within the Social Security Administration to administer the FMLI program. An FMLI benefit payment must be coordinated with any periodic benefits received under a state or local temporary disability insurance or family leave program. The bill imposes a tax on employers, employees, and self-employed individuals to fund FMLI benefits. It also establishes the Federal Family and Medical Leave Insurance Trust Fund to hold tax revenues.

Real Economic Support That Acknowledges Unique Restaurant Assistance Needed To Survive Act of 2021 or the RESTAURANTS Act of 2021 This bill temporarily establishes and provides funding for the Restaurant Revitalization Fund, from which the Department of the Treasury shall make grants to eligible food and beverage purveyors to cover specified costs such as payroll, operational expenses, and paid sick leave. For the grant program's initial period, Treasury must (1) prioritize awarding grants to marginalized and underrepresented communities, and (2) only award grants to eligible food and beverage purveyors with annual revenues of less than $1.5 million in 2019. For tax purposes, grant amounts are excluded from the recipient's gross income. An entity that received a loan under the Paycheck Protection Program established to support small businesses in response to COVID-19 (i.e., coronavirus disease 2019) may not apply for or use a restaurant revitalization grant for the same expenses for which the entity received the paycheck protection loan. Further, a grant applicant may request an additional amount to cover the cost of providing 10 days of paid sick leave to its employees. Treasury must report a list of grant recipients with the amount each recipient received, as well as demographics and other specified information.

Paycheck Fairness Act This bill addresses wage discrimination on the basis of sex. Specifically, it (1) limits an employer's defense that a pay differential is based on a factor other than sex to only bona fide job-related factors in wage discrimination claims, (2) enhances nonretaliation prohibitions, (3) makes it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages, and (4) increases civil penalties for violations of equal pay provisions. Additionally, the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs must train EEOC employees and other affected parties on wage discrimination. The bill directs the Department of Labor to (1) establish and carry out a grant program for negotiation skills training for girls and women, (2) conduct studies to eliminate pay disparities between men and women, and (3) make available information on wage discrimination to assist the public in understanding and addressing such discrimination. The bill also establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. Finally, the bill requires the EEOC to issue regulations for collecting from employers compensation and other employment data according to the sex, race, and national origin of employees for use in enforcing laws prohibiting pay discrimination.

Spotlight Act This bill renders null and void final Internal Revenue Service (IRS) regulations published on May 28, 2020, relating to the reporting requirements of tax-exempt organizations. The bill requires tax-exempt organizations that fall under sections 501(c)(4), 501(c)(5), and 501(c)(6) of the Internal Revenue Code (e.g., social welfare organizations, labor organizations, business leagues) to disclose the names and addresses of all substantial contributors (persons who contribute more than $5,000 per year to such organizations) on their information returns. The bill also eliminates the authority of the IRS to provide exceptions to the disclosure requirements for tax-exempt organizations. This provision does not apply to determinations made by the IRS before July 16, 2018.

Access Technology Affordability Act of 2021 This bill allows a refundable tax credit equal to the amounts paid for qualified access technology for use by a blind individual who is the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer. Qualified access technology is hardware, software, or other information technology with the primary function of converting or adapting information that is visually represented into forms or formats useable by blind individuals. The credit is limited to (1) costs that are not compensated by insurance or otherwise, and (2) an aggregate amount of $2,000 per blind individual in any period of three consecutive taxable years. The credit must be adjusted for inflation after 2022 and terminates after 2026.

Supporting Eating Disorders Recovery Through Vital Expansion Act or the SERVE Act This bill provides for inpatient and outpatient treatment of eating disorders under TRICARE for dependents of members of the uniformed services. Dependents are eligible for such care regardless of their age, except with respect to residential service. The bill also requires the Department of Defense (DOD) and the Department of Homeland Security (with respect to the Coast Guard) to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. Finally, DOD and the Department of Veterans Affairs must jointly develop, publish, and disseminate clinical practice criteria and guidelines on the identification and treatment of eating disorders.

Fred Korematsu Congressional Gold Medal Act of 2021 This bill provides for the award of a Congressional Gold Medal posthumously to Fred Korematsu in recognition of his contributions to civil rights, his loyalty and patriotism to the nation, and his dedication to justice and equality.

End Taxpayer Subsidies for Drug Ads Act This bill prohibits a tax deduction for expenses relating to direct-to-consumer advertising of prescription drugs. Direct-to-consumer advertising is any dissemination, by or on behalf of a sponsor of a prescription drug product, of an advertisement that is in regard to the drug product and primarily targeted to the general public.

Public Health Emergency Privacy Act This bill imposes privacy, confidentiality, and security requirements on the use and disclosure of COVID-19 (i.e., coronavirus disease 2019) emergency health data. This is data that is linked to an individual or device, such as test results. The requirements apply to organizations that collect, use, or disclose emergency health data electronically or that manage websites or applications for contact tracing and other COVID-19 response activities. These organizations must provide notice of privacy and other policies. They must also ensure the accuracy of, prevent discrimination based on, and limit disclosure of the data. If an organization collects data from at least 100,000 individuals, it must publicly report additional information about how it uses and discloses the data. Furthermore, the bill prohibits the use of emergency health data for commercial advertising or in ways that restrict access to opportunities, services, and other accommodations. It also prohibits government entities and organizations from using this data to infringe on the right to vote. The Department of Health and Human Services must report on the civil rights impact of the collection, use, and disclosure of health data. The bill provides for enforcement by the Federal Trade Commission, states, and a private right of action. It further specifies that certain dispute resolution mechanisms, such as arbitration, are unenforceable with respect to disputes arising under the bill.