Rep. Rosa L. DeLauro

Preserving Rules Ordered for The Entities Covered Through 340B Act of 2021 or the PROTECT 340B Act of 2021 This bill prohibits pharmacy benefit managers (PBMs) and health insurance plans from discriminating against health providers participating in the 340B drug pricing program, including pharmacies contracted with such providers to dispense 340B drugs. The 340B program allows certain providers to receive covered outpatient drugs at reduced prices from manufacturers. Specifically, PBMs and insurance plans may not reimburse 340B participants at a lower rate than other entities not participating in the program; impose differing terms (such as fees, charge-backs, or audits) on 340B participants; interfere with an individual's choice to receive drugs from a 340B participant; require 340B participants to identify which drugs fall within the program; or refuse to contract with a 340B participant on the basis that they utilize the program. Violations of this bill are subject to a civil penalty of not more than $5,000 per violation per day. These prohibitions also apply to prescription drug (Part D) sponsors under Medicare. The bill also provides for a process to prevent duplicate 340B drug discounts to states under Medicaid.

Safe Schools Improvement Act of 2021 This bill requires states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit bullying and harassment of elementary and secondary school students. In particular, these policies must prohibit bullying and harassment based on race, color, national origin, sex, sexual orientation, gender identity, disability, or religion. Further, LEAs must provide (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies; (2) students and parents with grievance procedures that target such conduct; and (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. The Department of Education must conduct and report on an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics must collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies.

Medicare Dental, Vision, and Hearing Benefit Act of 2021 This bill provides for Medicare coverage of dental, vision, and hearing care. Coverage includes (1) routine dental cleanings and exams, basic and major dental services, emergency dental care, and dentures; (2) routine eye exams, eyeglasses, and contact lenses; and (3) routine hearing exams, hearing aids, and exams for hearing aids. With respect to such care, the bill establishes special payment rules, limitations, and coinsurance requirements.

Essential Caregivers Act of 2021 This bill requires skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and nearby inpatient rehabilitation facilities to establish an essential caregivers program during a public health emergency. Under the program, facilities must allow each resident to select up to two essential caregivers to provide daily living assistance, emotional support, or companionship during the emergency. Facilities must afford such caregivers 12 hours of access to residents each day (or unlimited access for end-of-life care), and caregivers must agree to follow facility protocols for staff safety. Facilities may deny access to caregivers who violate protocols, subject to certain notification requirements; the Centers for Medicare & Medicaid Services must establish an appeals process relating to such decisions and may take specified enforcement actions against facilities that violate the bill's requirements.

Patriotic Corporations of America Act of 2021 This bill establishes new requirements for federal contracts, including Department of Defense contracts, with respect to issues of labor, environmental sustainability, taxes, and private equity firms. Specifically, the bill prohibits an executive agency from awarding a contract unless the offeror, among other requirements pays employees wages that meet certain minimums; agrees to sign a neutrality agreement with respect to efforts to form a labor organization and an agreement not to hire replacement workers in any strike; submits to the agency an actionable plan to address natural disasters and health crises, including policies and plans for paid family and medical leave and for whistleblower protections; and submits to the agency an actionable plan to recruit and promote people of color, women, LGBTQ+ people, people with disabilities, and veterans. The bill sets forth additional provisions to assure that the offeror meets specified requirements with respect to the payment of environmental penalties, federal income tax liability and financial performance, and a controlling private equity firm meeting certain labor and environmental requirements. The bill establishes specified contract preferences (e.g., in favor of an offeror that does not outsource jobs outside the United States and that has a collective bargaining agreement with employees).

Expand American Educational Opportunity Act of 2021 This bill replaces the Hope Scholarship and Lifetime Learning tax credits with a modified American Opportunity Tax Credit that (1) allows an income tax credit of up to $2,500 of the qualified tuition and related expenses of a student who is carrying at least one half of a normal course load, (2) allows a lifetime dollar limitation for the credit of $15,000 for all taxable years, and (3) increases the refundable portion of the credit to a maximum of $1,500. The bill defines qualified tuition and related expenses as tuition, fees, computer or peripheral equipment, child and dependent care expenses, and course materials for the taxpayer, the taxpayer's spouse, and dependents at certain postsecondary educational institutions. The bill also allows an exclusion from gross income, for income tax purposes, of any amount received as a Federal Pell Grant.

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.

Safe Skies Act of 2021 This bill directs the Department of Transportation (DOT) to modify a specified DOT final rule relating to flight crew member duty and rest requirements so that the requirements under that rule apply to all-cargo flight crew members to the same extent they apply to air passenger flight crew members.

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.

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.