Rep. Kaiali’i Kahele

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.

Safe Skies Act of 2021 This bill directs the Department of Transportation (DOT) to modify a specified DOT final rule relating to flight crew member duty and rest requirements so that the requirements under that rule apply to all-cargo flight crew members to the same extent they apply to air passenger flight crew members.

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.

Cultivating Opportunity and Recovery from the Pandemic through Service Act or the CORPS Act This bill makes several changes to AmeriCorps programs during the COVID-19 health emergency. Specifically, the bill: increases living allowance payments to program participants; increases educational awards for program participants; relaxes program requirements, including reducing the age requirement for AmeriCorps Seniors to 45 and older; creates a pilot program to allow state commissions to directly place individuals in approved AmeriCorps programs; and allows for targeted AmeriCorps grants to fund recovery projects in communities disproportionately affected by COVID-19. The bill also excludes AmeriCorps living allowance payments and educational awards from taxable income for program participants.

Vanessa Guillén Military Justice Improvement and Increasing Prevention Act This bill modifies the process and policy related to the disposition of charges and convening of courts-martial for certain sexual assault cases and other specified offenses under the Uniform Code of Military Justice (UCMJ). Among other elements, the bill provides that the determinations on the preferral, disposition, and referral of charges for specified offenses under the UCMJ must be made by a commissioned officer of the Armed Forces who is designated as a court-martial convening authority (in grade O-6 or higher) and who is available for detail as trial counsel, has significant trial experience, and is outside the chain of command of the member subject to the charges.

Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 This bill establishes a presumption of service-connection for specified diseases associated with exposure to burn pits (an area used for burning solid waste in open air without equipment) and other toxins by veterans who were awarded specified medals on or after August 2, 1990. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded. Under the bill, if the Department of Veterans Affairs (VA) receives a written petition to add a disease to the list, the VA must request a determination by the National Academies of Sciences, Engineering, and Medicine with respect to whether there is a positive association between the exposure of humans to a covered toxin and the occurrence of the disease in humans. The bill makes disability or death of certain employees from specified diseases compensable as a work injury. Specifically, such employees are those who were employees of the Department of State, the Department of Defense, or an element of the intelligence community on or after August 2, 1990, and carried out job responsibilities for at least 30 days during a contingency operation.

Keeping Our Promises Act This bill expands the list of diseases that are provided a presumption of service-connection for veterans who served in the Republic of Vietnam between January 9, 1962, and May 7, 1975. The bill extends through September 30, 2030, the requirement for the Department of Veterans Affairs (VA) to make determinations and submissions related to the connection between herbicide exposure and occurrence of disease. Additionally, the VA is prohibited from taking the costs of compensation into account when determining the association between exposure to an herbicide agent and occurrence of a disease. The bill requires the VA to determine within 120 days (currently 60) whether a presumption of service-connection is warranted for diseases covered by a National Academy of Sciences report.

This bill requires the Department of Veterans Affairs to ensure that, if it creates a presumption of service-connection between the occurrence of a disease and exposure to an herbicide agent while serving in the Armed Forces between January 9, 1962, and June 30, 1976, at a military base in Thailand, such presumption must also apply to exposure at any military base in Thailand, regardless of where on the base the veteran was located or what military job specialty the veteran performed.

Puppy Protection Act of 2021 This bill requires the Department of Agriculture to expand standards that govern the humane handling, care, treatment, and transportation of animals to include new requirements for commercial dog dealers. Specifically, the standards must require dog dealers to provide to dogs adequate housing, exercise, and veterinary care; appropriate and nutritious food; continuous access to potable water; and meaningful socialization with humans and compatible dogs for at least 30 minutes each day. The standards must also include requirements for breeders to use safe breeding practices and make all reasonable efforts to find humane placement for retired breeding dogs.

Taiwan Peace and Stability Act This bill requires various reports to Congress related to Taiwan. The Department of State must report on (1) a strategy to advance Taiwan's meaningful participation in certain international organizations, and (2) a plan for strengthening Taiwan's community of civilian defense professionals. (China has taken actions to block Taiwan's participation in certain international organizations, such as opposing Taiwan's attendance at World Health Assembly meetings as an observer.) The U.S. Agency for International Development must report on cooperation with Taiwan on trilateral and multilateral development initiatives. The U.S. Trade Representative must report a legal template for establishing trade and investment agreements with Taiwan that is consistent with U.S.-Taiwan relations. The President must report a whole-of-government strategy to enhance deterrence over a military conflict between China and Taiwan. Among other matters, the strategy must include an examination of the present and future capabilities of the United States and Taiwan to respond to potential actions by China's military, such as a naval blockade. The Department of Defense must report on options for (1) supporting Taiwan's defense budgeting and procurement process in a way that is consistent with Taiwan's asymmetric defense strategy, and (2) strengthening Taiwan's implementation of its territorial defense force concept.