Rep. Chellie Pingree

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.

Disaster Reforestation Act This bill sets forth a special rule for the tax deduction for casualty losses of uncut timber (including pre-merchantable timber). It provides that in losses of any uncut timber from fire, storm, insects, invasive species, drought, or other casualty, or from theft, the basis for determining the amount of the deduction for such loss shall not be less than the excess of the value of such timber determined immediately before such loss was sustained, over the salvage value of such timber. To be eligible for the casualty loss deduction, the uncut timber subject to the loss must be reforested not later than the close of the five-year period beginning on the date of the loss.

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.

Advancing FASD Research, Services, and Prevention Act or the FASD Respect Act This bill expands and establishes programs for fetal alcohol spectrum disorders (FASD). Specifically, it directs the Department of Health and Human Services, the National Institutes of Health, the National Center on Birth Defects and Developmental Disabilities, and the Health Resources and Services Administration to carry out and coordinate research, surveillance, and related activities to diagnose, prevent, and treat FASD. Furthermore, the bill establishes various grant programs to support FASD coalitions and develop systems of care; provide services for individuals affected by FASD and other conditions related to prenatal substance exposure; identify and implement best practices for educating children with FASD; and establish centers for excellence to build relevant capacity for preventing, treating, and responding to the needs of individuals with FASD. The bill also directs the Department of Education and the Department of Justice to develop and disseminate trainings and best practices related to FASD in schools and correctional facilities, respectively.

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.

Minor League Baseball Relief Act This bill establishes a program for the relief of certain minor league baseball clubs and independent professional baseball clubs that experienced large business losses. The bill provides funding for the Small Business Administration to make grants to such clubs that experienced decreases in gross revenue in 2020 of at least 75%, as measured against revenues in 2019 (or, if revenues were negatively affected by a natural disaster or weather disruption in 2019, by the average of revenues over the prior three-year period). The source of funding for the grants shall be funds appropriated under enacted COVID-19 relief legislation that have not been obligated and are no longer being used to carry out activities authorized under those laws. Grant amounts provided to any club may not exceed $10 million.

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.

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.