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.
Promotion and Expansion of Private Employee Ownership Act of 2021 This bill expands tax incentives and federal assistance for employee stock ownership plans (ESOPs) that are sponsored by S corporations. The bill provides additional tax incentives for ESOPs by (1) extending to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an ESOP; and (2) allowing a tax deduction for 50% of the interest received by a bank on loans to S corporation-sponsored ESOPs for the purchase of employer securities. The Department of the Treasury must establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. The bill defines an ESOP business concern for purposes of the Small Business Act as a business concern that was eligible for a loan, preference, or other program under such Act before more than 49% of the business concern was acquired by an ESOP.
Reducing Hereditary Cancer Act of 2021 This bill provides for Medicare coverage of germline mutation testing for individuals with a personal or family history of a hereditary cancer gene mutation or suspected history of hereditary cancer, as well as for associated coverage of risk-reducing surgeries and screenings.
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.
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.
Stop Tip-overs of Unstable, Risky Dressers on Youth Act or the STURDY Act This bill requires the Consumer Product Safety Commission to revise the safety standards for freestanding clothing storage units such as a dressers, bureaus, or chests of drawers. Such standards must include specified testing related to tip overs and new warning requirements for all such products entering the U.S. market.
School Infrastructure Modernization Act of 2021 This bill allows rehabilitation expenditures for public school buildings to qualify for the rehabilitation tax credit during a specified five-year period.
Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act of 2021 This bill requires the Department of Education (ED) to establish an Office for Gender Equity to support state and local educational agencies, institutions of higher education, and elementary and secondary schools in fully implementing title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities. The office may provide grants and perform activities to reduce or prevent sex discrimination in all areas of education. The office must provide technical assistance and annual training to title IX coordinators and develop a handbook for conducting self-evaluations of title IX compliance. The training must address discrimination based on multiple characteristics, including race, ethnicity, national origin, disability status, religion, age, or actual or perceived sex. The office may award grants to eligible entities and partnerships that apply to carry out programs and activities designed to implement title IX and prevent and reduce sex discrimination, including programs that increase access to resources. ED must coordinate with the Institute of Education Sciences and other federal entities to investigate, identify, and disseminate best practices to (1) reduce and prevent sex stereotyping, bias, and discrimination in educational materials; (2) address sex-based harassment and violence on campuses; (3) develop counseling and career guidance training; (4) mitigate implicit bias in teaching and discipline; and (5) address the needs of students who face discrimination based on multiple characteristics.
Mentoring to Succeed Act of 2021 This bill requires the Department of Education to award grants to entities such as educational agencies, schools, and local governments to establish, expand, or support school-based mentoring programs that assist at-risk students in developing cognitive skills and promoting social-emotional learning to prepare them for success in high school, postsecondary education, and the workforce.
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.
