Sen. Shelley Moore Capito

Measuring the Economic Impact of Broadband Act of 2021 This bill requires the Department of Commerce to conduct a biennial assessment and analysis regarding the contribution of the digital economy to the U.S. economy. In conducting this assessment, Commerce must consider the impact of (1) the deployment and adoption of digital-enabling infrastructure and broadband, (2) various kinds of e-commerce, and (3) the production and consumption of digital media.

Protect Act This bill duplicates certain requirements for private health insurance plans with respect to preexisting conditions, enrollment eligibility, genetic testing, and discrimination based on health-related factors.

This resolution supports the goals of National Catholic Schools Week, an event cosponsored by the National Catholic Educational Association and the U.S. Conference of Catholic Bishops and established to recognize the contributions of Catholic elementary and secondary schools in the United States.

Protection of Women and Girls in Sports Act of 2021 This bill makes it a violation of federal law for a recipient of federal funds who operates, sponsors, or facilitates athletic programs or activities to permit a person whose sex is male to participate in an athletic program or activity that is designated for women or girls. The bill specifies that sex shall be recognized based solely on a person's reproductive biology and genetics at birth.

Working Families Flexibility Act of 2021 This bill revises requirements for the receipt of compensatory time off for private sector employees. Specifically, the bill authorizes private employers to provide compensatory time off to their employees at a rate of one and one-half hours for each hour of employment for which overtime compensation otherwise is required; employees may accrue a maximum of 160 hours of compensatory time. Employers are prohibited from interfering with an employee's right to or not request compensatory time off in lieu of payment of overtime compensation or from requiring an employee to use such compensatory time, and must give their employees 30-days notice before discontinuing a compensatory time policy. Employers are liable to employees for damages from violations of these requirements.

This joint resolution proposes a constitutional amendment prohibiting total outlays for a fiscal year from exceeding total receipts for that fiscal year unless Congress authorizes the excess by a two-thirds vote of each chamber. The prohibition excludes outlays for repayment of debt principal and receipts derived from borrowing. The amendment prohibits total outlays for any fiscal year from exceeding 18% of the gross domestic product of the United States, unless two-thirds of each chamber of Congress provides for a specific increase above this amount. The amendment requires a two-thirds vote of each chamber of Congress to impose a new tax, increase the statutory rate of any tax, or increase the aggregate amount of revenue. It requires a three-fifths vote of each chamber to increase the limit on the debt of the United States. The President must submit an annual budget in which total outlays do not exceed total receipts and 18% of the gross domestic product of the United States. The amendment prohibits a court from ordering a revenue increase to enforce the requirements. Congress may waive specified requirements when a declaration of war is in effect or the United States is engaged in a military conflict that causes an imminent and serious military threat to national security.

Access Technology Affordability Act of 2021 This bill allows a refundable tax credit equal to the amounts paid for qualified access technology for use by a blind individual who is the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer. Qualified access technology is hardware, software, or other information technology with the primary function of converting or adapting information that is visually represented into forms or formats useable by blind individuals. The credit is limited to (1) costs that are not compensated by insurance or otherwise, and (2) an aggregate amount of $2,000 per blind individual in any period of three consecutive taxable years. The credit must be adjusted for inflation after 2022 and terminates after 2026.

Supporting Eating Disorders Recovery Through Vital Expansion Act or the SERVE Act This bill provides for inpatient and outpatient treatment of eating disorders under TRICARE for dependents of members of the uniformed services. Dependents are eligible for such care regardless of their age, except with respect to residential service. The bill also requires the Department of Defense (DOD) and the Department of Homeland Security (with respect to the Coast Guard) to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. Finally, DOD and the Department of Veterans Affairs must jointly develop, publish, and disseminate clinical practice criteria and guidelines on the identification and treatment of eating disorders.

Healthy Food Access for All Americans Act This bill allows tax credits and grants for activities that provide access to healthy food in food deserts, which are communities that have limited or no access to grocery stores and meet income requirements. For entities that are certified by the Department of the Treasury as special access food providers using specified criteria, the bill allows tax credits for operating a new grocery store or renovating an existing grocery store in a food desert. The bill also authorizes grants for a portion of (1) the construction costs of building a permanent food bank in a food desert, and (2) the annual operating costs of temporary access merchants (mobile markets, farmers markets, and food banks). Treasury, in coordination with the Department of Agriculture (USDA), must annually allocate the tax credits and grants to special access food providers. Grants authorized by this bill are not considered gross income for tax purposes. The bill also requires USDA to update the Food Access Research Atlas at least annually to account for food retailers that are placed in service during that year.

Ensuring Parity in MA for Audio-Only Telehealth Act of 2021 This bill allows audio-only diagnoses that are made via telehealth to be used for purposes of determining risk adjustments to payments under Medicare Advantage. Additionally, the bill requires payments for Medicare telehealth services that are furnished during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019) to be made in the same amounts as those for in-person services.