Rep. Kweisi Mfume

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.

Food and Nutrition Education in Schools Act of 202 1 This bill directs the Department of Agriculture (USDA) to establish a Food and Nutrition Education in Schools Pilot Program to award grants to local educational agencies for (1) projects that hire qualified, full-time food and nutrition educators to carry out programs in schools that have the goal of improving student health and nutrition; and (2) projects that fund school gardens or other evidence-based interventions relating to student health and nutrition, aligned with the latest school nutrition standards, to create hands-on learning opportunities for students. In awarding grants under the program, USDA must prioritize projects that serve schools or districts (1) in which not less than 40% of students qualify for free or reduced-price meals, or (2) that include neighborhoods with high rates of childhood obesity or other diet-related diseases. Additionally, it must give priority to projects that provide programming in summer months and those that are joint partnership projects.

Tax-Free Pell Grant Act This bill excludes from gross income, for income tax purposes, any amount received as a federal Pell Grant. It also expands the definition of qualified tuition and related expenses under the American Opportunity and Lifetime Learning tax credit to include computer or peripheral equipment (up to a maximum of $1,000), child and dependent care expenses, and course materials.

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).

Better Care Better Jobs Act This bill establishes programs and provides funds for state Medicaid programs to improve home- and community-based services (HCBS), such as home health care, personal care, case management, and rehabilitative services. Specifically, the bill provides funds for the Centers for Medicare & Medicaid Services to award planning grants, develop quality measures, and provide technical assistance to states regarding specified HCBS improvements, particularly with respect to access, utilization, and the associated workforce. The bill also increases the Federal Medical Assistance Percentage (i.e., federal matching rate) for HCBS in states that develop plans and meet specified benchmarks for improvements. The bill also makes permanent (1) the Money Follows the Person Rebalancing Demonstration Program (a grant program to help states increase the use of HCBS for long-term care and decrease the use of institutional care), and (2) certain provisions regarding Medicaid eligibility that protect against spousal impoverishment for recipients of HCBS.

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.

Reducing Hereditary Cancer Act of 2021 This bill provides for Medicare coverage of germline mutation testing for individuals with a personal or family history of a hereditary cancer gene mutation or suspected history of hereditary cancer, as well as for associated coverage of risk-reducing surgeries and screenings.

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.

Augmenting Compatibility and Competition by Enabling Service Switching Act of 2021 or the ACCESS Act of 2021 This bill requires large online platforms (e.g., YouTube, Salesforce) to facilitate consumers and businesses switching from one platform to another. Specifically, the platforms must maintain interfaces that (1) securely transfer user data to other platforms (i.e., portability), and (2) allow other platforms to connect and communicate with their systems (i.e., interoperability). The bill provides the Federal Trade Commission (FTC) and the Department of Justice with the authority to designate specific platforms to which these requirements apply. After a platform is designated, the FTC must issue standards of interoperability specific to the platform. A platform may not change its interoperability interface without petitioning the FTC, and the platform must provide to competing businesses documentation for accessing the interface. Further, the FTC must establish a technical committee to assist with the implementation of these requirements. The bill provides the FTC with authority to enforce these requirements including through recovery of civil penalties and injunctive relief.

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.