Sen. Tammy Baldwin

Personal Health Investment Today Act of 2021 or the PHIT Act of 2021 This bill allows a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses per year. The bill defines qualified sports and fitness expenses as amounts paid exclusively for participating in a physical activity, including (1) fitness facility memberships, (2) physical exercise or activity programs, or (3) equipment for a physical exercise or activity program.

Empowering Medicare Seniors to Negotiate Drug Prices Act of 2021 This bill allows the Centers for Medicare & Medicaid Services to negotiate drug prices under the Medicare prescription drug benefit and to institute a price structure for the reimbursement of drugs covered under the benefit.

Platform Accountability and Consumer Transparency Act or the PACT Act This bill requires providers of interactive computer services (e.g., social media companies) to publish their policy explaining the types of content permissible on the service and provide a system for users to submit complaints about content that may violate the policy or involve illegal content. Further, social media companies must establish a process for removing certain content that violates their policies and notifying the information content provider about the removal, including a mechanism to appeal the removal. Social media companies also must publish a report every six months that details the instances in which the company took action with respect to content, including removing content, deprioritizing content, and suspending content provider accounts. The bill removes certain liability protections for companies if the company has actual knowledge of illegal content on its service and does not remove it within specified time frames. The bill provides for enforcement of these requirements by the Federal Trade Commission.

Jobs for Economic Recovery Act of 2021 This bill establishes an employment and training program to assist workers who are unemployed or underemployed due to the COVID-19 pandemic, and other displaced workers and those who face barriers to employment, to obtain employment, including through subsidized employment programs. Specifically, states, Indian tribes, local governments, and particular nonprofits must meet certain conditions before receiving funding to establish these programs. In addition to providing this funding, the bill requires the Department of Health and Human Services (HHS) to award temporary grants to these entities to plan and implement the programs. The HHS Inspector General must biennially audit a sample of the state programs to ensure compliance with program and nondisplacement requirements, and to identify and protect against any waste, fraud, or abuse in such programs. HHS must make information publicly available to job seekers online about whether they are eligible for state, local, or tribal program employment services, and the agency to contact for further information. The bill also creates an employee retention work opportunity tax credit for employers that retain workers hired through the program for 24 months. Finally, the bill requires the Government Accountability Office to evaluate whether the retention credit (1) had a meaningful impact on retention as compared to currently existing and previous subsidized employment programs, and (2) was easily understood by employers and had an impact on hiring decisions in addition to any subsidy received by this bill.

Major Richard Star Act This bill allows a veteran with a combat-related disability and fewer than 20 years of creditable service to receive retirement pay, without reduction, concurrent with disability compensation.

Ensuring Lasting Smiles Act This bill requires private health insurance plans to cover diagnosis and treatment of congenital anomalies and birth defects, such as reconstructive services and items. Coverage must include services and items that functionally improve, repair, or restore any body part that is medically necessary for normal bodily functions or appearance, as determined by the treating physician. Coverage limits and cost-sharing requirements for such services and items may not be more restrictive than those applicable to all medical and surgical benefits under the plan.

This bill waives certain eligibility requirements for hospitals participating in the 340B drug discount program (i.e., a program that allows entities to receive covered outpatient drugs at reduced prices from manufacturers) during the COVID-19 (i.e., coronavirus disease 2019) public health emergency. Specifically, the bill waives the required minimum proportion of low-income patients served for hospitals that began participating in the program during or prior to the COVID-19 emergency.

Lori Jackson Domestic Violence Survivor Protection Act This bill makes changes to the federal statutory framework that prohibits the shipment, transport, receipt, or possession of firearms or ammunition by an individual who is subject to a qualifying domestic violence court order. Under current law, a qualifying domestic violence court order must meet certain criteria, including to (1) be issued after a hearing of which the individual had notice and an opportunity to participate; and (2) restrain the individual from harassing, stalking, or threatening an intimate partner (i.e., a current or former spouse, a co-parent of a child, or a current or former cohabitant) or the child of an intimate partner. This bill expands the scope of qualifying domestic violence court orders to include an order that is issued after an ex parte hearing (i.e., a hearing with only one party present); restrains the individual from harassing, stalking, or threatening a dating partner or former dating partner; or restrains the individual from intimidating a witness. Current law also prohibits an individual who is convicted of a misdemeanor crime of domestic violence from shipping, transporting, receiving, or possessing firearms or ammunition. These restrictions generally only apply to spouses, co-parents, and cohabitants, and to offenses that involve physical force or deadly weapons. This bill expands the scope of these restrictions to include dating partners and offenses that involve stalking.

Protecting Americans with Pre-Existing Conditions Act of 2021 This bill nullifies specified guidance and final rule provisions pertaining to Section 1332 waivers (also known as State Innovation Waivers or State Relief and Empowerment Waivers) issued by the Department of the Treasury and the Department of Health and Human Services. The provisions allow states to forego certain requirements of the Patient Protection and Affordable Care Act in order to implement experimental plans for health care coverage, as long as the resulting coverage meets certain statutory criteria. The provisions, which supersede earlier guidance from 2015, alter agency interpretation of how states may satisfy the statutory criteria for waiver approval. For example, the provisions (1) redefine acceptable coverage under such waivers to include short-term, limited-duration insurance and association health plans; (2) allow the comprehensiveness and affordability of coverage under such waivers to be assessed based on projected availability, rather than enrollment; and (3) allow the level of coverage to be assessed based on the effects over the entire course of the waiver, rather than per year.

American Innovation and Jobs Act This bill revises and expands the deductibility of research and experimental expenditures to allow immediate expensing of such expenditures. It also allows the amortization over a period of at least 60 months of certain other types of research and experimental expenditures not treated as expenses. The bill increases the maximum amount eligible for the tax credit for new and small businesses and increases to 20% the rate of the credit for business startups.