Rep. Mark DeSaulnier

Therapeutic Fraud Prevention Act of 20 21 This bill prohibits commercial conversion therapy, which is a practice or treatment designed to change a person's sexual orientation or gender identity or otherwise change behaviors, thoughts, or expressions related to gender or sexual attraction. This prohibition does not apply to treatment that assists an individual undergoing a gender transition or facilitates identity exploration and development.

Ending Platform Monopolies Act This bill prohibits large online platforms, as designated by the Department of Justice or Federal Trade Commission, from offering certain products or services from another line of business that is owned or controlled by the platform. Specifically, such platforms are prohibited from owning or controlling another line of business that (1) uses the platform to sell products or services, (2) offers a product or service that the platform requires a business user to purchase or use as a condition for access to the platform, or (3) gives rise to a conflict of interest. Under the bill, a conflict of interest occurs when a platform operator's ownership or control of another line of business creates an incentive and the ability for the platform to provide an advantage to the platform's own products or services over those of a competitor on the platform, or exclude or disadvantage the products or services of a competitor on the platform. For example, under the bill, Amazon.com, Inc. may be prohibited from offering for sale on Amazon.com privately labeled products or services (e.g., Amazon Essentials, AmazonBasics, etc.) if designated as a large online platform. Finally, the bill prohibits a director, officer, employee, or agent of a platform from simultaneously serving in the same or a similar role with a formerly affiliated entity.

Platform Competition and Opportunity Act of 2021 This bill generally prohibits operators of covered platforms from acquiring the stock or other share capital or the assets of another person engaged in commerce or in any activity affecting commerce. Covered platforms are online platforms that (1) have at least 50 million U.S.-based monthly active users or at least 100,000 U.S.-based monthly active business users, (2) are owned or controlled by a person with net annual sales or a market capitalization greater than $600 billion, and (3) are critical trading partners for the sale or provision of any product or service offered on or directly related to the platform. The Federal Trade Commission or the Department of Justice must designate whether an entity is a covered platform, and both must carry out enforcement activities. The bill provides for any person (other than a foreign state and any instrumentality thereof) who is injured by an activity forbidden under the bill to recover triple damages. (A foreign state may only recover actual damages.) Further, the bill specifies the U.S. Court of Appeals for the District of Columbia Circuit as the judicial venue for a covered platform's appeals related to (1) the designation as a covered platform, (2) other administrative and enforcement proceedings, or (3) a final order issued in any district court.

Protecting Older Workers Against Discrimination Act of 2021 This bill revises the evidentiary standard for age discrimination by establishing an unlawful employment practice when the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as mixed motive claims). The bill (1) permits the complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that the complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court's decision in Gross v. FBL Financial Services, Inc. , which requires the complainant to prove that age was the but-for cause for the employer's decision). The bill applies this evidentiary standard to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973. In a claim in which age discrimination is shown, but where the employer demonstrates that it would have taken the same action absent the motivating factor of age, the bill authorizes courts to grant declaratory and injunctive relief, but prohibits the court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. This limitation also applies to claims of discrimination based on disability. The bill also includes reporting requirements for the Equal Employment Opportunity Commission and the Department of Labor.

Newborn Screening Saves Lives Reauthorization Act of 2021 This bill reauthorizes through FY2026 and revises several programs and activities relating to newborn screening for certain conditions and genetic, endocrine, and metabolic diseases. Among its changes, the bill reauthorizes and makes mandatory the Hunter Kelly Research Program at the National Institutes of Health, and national surveillance activities conducted by the Centers for Disease Control and Prevention. The bill also aligns statutory requirements for research on non-identified newborn blood spots with federal regulations governing research on human subjects. These blood spots are collected as part of newborn screening programs, and some states make them available for biomedical and public health research. Under current regulations, research on non-identified bio-specimens such as blood spots is not considered to be research on human subjects, to which additional protections apply.

Cultivating Opportunity and Recovery from the Pandemic through Service Act or the CORPS Act This bill makes several changes to AmeriCorps programs during the COVID-19 health emergency. Specifically, the bill: increases living allowance payments to program participants; increases educational awards for program participants; relaxes program requirements, including reducing the age requirement for AmeriCorps Seniors to 45 and older; creates a pilot program to allow state commissions to directly place individuals in approved AmeriCorps programs; and allows for targeted AmeriCorps grants to fund recovery projects in communities disproportionately affected by COVID-19. The bill also excludes AmeriCorps living allowance payments and educational awards from taxable income for program participants.

Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act of 2021 This bill requires the Department of Education (ED) to establish an Office for Gender Equity to support state and local educational agencies, institutions of higher education, and elementary and secondary schools in fully implementing title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities. The office may provide grants and perform activities to reduce or prevent sex discrimination in all areas of education. The office must provide technical assistance and annual training to title IX coordinators and develop a handbook for conducting self-evaluations of title IX compliance. The training must address discrimination based on multiple characteristics, including race, ethnicity, national origin, disability status, religion, age, or actual or perceived sex. The office may award grants to eligible entities and partnerships that apply to carry out programs and activities designed to implement title IX and prevent and reduce sex discrimination, including programs that increase access to resources. ED must coordinate with the Institute of Education Sciences and other federal entities to investigate, identify, and disseminate best practices to (1) reduce and prevent sex stereotyping, bias, and discrimination in educational materials; (2) address sex-based harassment and violence on campuses; (3) develop counseling and career guidance training; (4) mitigate implicit bias in teaching and discipline; and (5) address the needs of students who face discrimination based on multiple characteristics.

Vanessa Guillén Military Justice Improvement and Increasing Prevention Act This bill modifies the process and policy related to the disposition of charges and convening of courts-martial for certain sexual assault cases and other specified offenses under the Uniform Code of Military Justice (UCMJ). Among other elements, the bill provides that the determinations on the preferral, disposition, and referral of charges for specified offenses under the UCMJ must be made by a commissioned officer of the Armed Forces who is designated as a court-martial convening authority (in grade O-6 or higher) and who is available for detail as trial counsel, has significant trial experience, and is outside the chain of command of the member subject to the charges.

Water Quality Protection and Job Creation Act of 2021 This bill addresses water infrastructure and the discharge of pollution (e.g., wastewater or stormwater) into waters of the United States, including by reauthorizing through FY2026 and revising the Clean Water State Revolving Fund (SRF) program. The clean water SRF program provides communities low-cost financing for water quality infrastructure projects.

Puppy Protection Act of 2021 This bill requires the Department of Agriculture to expand standards that govern the humane handling, care, treatment, and transportation of animals to include new requirements for commercial dog dealers. Specifically, the standards must require dog dealers to provide to dogs adequate housing, exercise, and veterinary care; appropriate and nutritious food; continuous access to potable water; and meaningful socialization with humans and compatible dogs for at least 30 minutes each day. The standards must also include requirements for breeders to use safe breeding practices and make all reasonable efforts to find humane placement for retired breeding dogs.