Rep. Sylvia R. Garcia

LGBTQ Business Equal Credit Enforcement and Investment Act This bill requires financial institutions to report certain credit application data to the Consumer Financial Protection Bureau for the purposes of enforcing fair lending laws. Specifically, financial institutions must report this data regarding lesbian-, gay-, bisexual-, transgender-, or queer-owned businesses. Currently, this data is reported regarding women-owned, minority-owned, and small businesses.

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.

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.

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).

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.

Insulin Access for All Act of 2021 This bill prohibits cost-sharing (e.g., copayments) under Medicaid and the Medicare prescription drug benefit for insulin and associated medical supplies.

Elder Abuse Protection Act of 2021 This bill provides statutory authority for the Elder Justice Initiative, which coordinates activities of the Department of Justice (DOJ) to combat elder abuse, neglect, and financial fraud. The bill requires DOJ's Elder Justice Coordinator to serve as the head of the initiative. The bill also requires the initiative to establish a national elder fraud telephone hotline, promote civil legal aid to victims of elder fraud and elder abuse, and make resources available online in English and Spanish.

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.