Sen. Sherrod Brown

Bicycle Commuter Act of 2021 This bill modifies provisions relating to the tax exclusion for employer-provided fringe benefits for bicycle commuting. Specifically, the bill (1) repeals the suspension (for the period between 2018 and the end of 2025) of the exclusion, (2) includes bikeshare (a bicycle rental operation providing for pick up and drop off) and low-speed electric bicycle within the definition of bicycle for purposes of the exclusion, and (3) modifies the limitation on the exclusion to provide for a specified monthly limitation amount (i.e., 30% of the parking fringe benefit amount).

Pharmacy DIR Reform To Reduce Senior Drug Costs Act This bill establishes certain requirements for prescription drug plans and the prices of covered drugs under the Medicare prescription drug benefit. Specifically, the bill requires price concessions, payments, and fees that are negotiated with a pharmacy to be included in a drug's negotiated price, excluding incentive payments, and for this price to be provided at the point of sale. Additionally, prescription drug plans must report price concessions or incentive payments that are made after payment for covered drugs at the point of sale, including by contracted intermediaries, to the pharmacy at least annually. The Centers for Medicare & Medicaid Services must establish standardized pharmacy performance measures with respect to incentive payments and price concessions; such measures must account for all pharmacy types, including specialty pharmacies, and focus on patient health outcomes and other targeted areas.

Affordable Medications Act This bill revises and expands various requirements relating to prescription drug pricing and affordability.  Specifically, the bill expands financial reporting requirements for drug manufacturers and establishes corresponding civil penalties for noncompliance; it also adds reporting requirements for certain nonprofit patient-assistance programs. Further, the bill requires the Centers for Medicare & Medicaid Services (CMS) to negotiate prices for certain prescription drugs under Medicare and requires the Centers for Medicare and Medicaid Innovation within the CMS to test specified models for negotiating drug prices. It also establishes reporting requirements, and corresponding civil penalties for noncompliance, for pharmaceutical companies with respect to spikes in prescription drug prices. The bill establishes an excise tax on prescription drugs subject to price spikes, lessens prescription drug cost-sharing requirements under qualified health plans and group health plans, and modifies requirements for the importation of prescription drugs. It also requires drug manufacturers to provide rebates for drugs dispensed to certain low-income individuals under the Medicare program and limits the time frame that trade agreements are required to provide market exclusivity for biological products. Additionally, the bill (1) requires the Food and Drug Administration to establish a database of generic drugs; (2) modifies other provisions related to generic drugs, prescription drug advertising, disclosure of wholesale acquisition prices, and patent-infringement proceedings; and (3) revises certain time frames and conditions related to drug exclusivity. Finally, it establishes an innovation incentive fund for new or more effective treatments of bacterial infections and establishes the Center for Clinical Research within the National Institutes of Health.

Law Enforcement Officers Equity Act This bill expands the definition of law enforcement officer under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS). Specifically, the bill expands the definition to include (1) federal employees whose duties encompass the investigation or apprehension of suspected or convicted criminals and who are authorized to carry a firearm; (2) Internal Revenue Service employees whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns; (3) U.S. Postal Inspection Service employees; (4) Department of Veterans Affairs police officers; and (5) certain U.S. Customs and Border Protection employees who are seized-property specialists with duties relating to custody, management, and disposition of seized and forfeited property. The bill deems service performed by an incumbent law enforcement officer on or after the enactment date of this bill to be service performed as a law enforcement officer for retirement purposes. The past service of such incumbents shall be treated as service performed by a law enforcement officer for retirement purposes only if a written election is submitted to the Office of Personnel Management within five years after the enactment of this bill or before separation from government service, whichever is earlier. An incumbent who makes an election before the enactment of this bill may pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. A law enforcement officer shall not be subject to mandatory separation during the three-year period beginning on the enactment of this bill.

Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act This bill expands workplace protections for employees with a need to express breast milk. Specifically, it expands the requirement that employers provide certain accommodations for such an employee to cover salaried employees and other types of workers not covered under existing law. Further, time spent to express breast milk must be considered hours worked if the employee is also working.

This resolution offers the condolences of the Senate regarding the death of Senator David Henry Gambrell and honors his life and legacy.

This resolution recognizes the centrality of a free press to free societies and democratic governance and expresses concerns about threats to press freedom and freedom of expression globally.

Mental Health Services for Students Act of 2021 This bill provides specific statutory authority for the Project AWARE (Advancing Wellness and Resiliency in Education) State Educational Agency Grant Program that is administered by the Substance Abuse and Mental Health Services Administration. The program supports school-based mental health services, including screening, treatment, and outreach programs.

John Lewis Every Child Deserves a Family Act This bill prohibits discrimination on the basis of sexual orientation, gender identity, marital status, or religion in the provision of child welfare programs and services by entities receiving federal funding. The Department of Health and Human Services (HHS) must provide technical assistance to help states follow this requirement, including (1) guidance for bringing state laws into compliance, (2) developing training to increase cultural competency related to social identity, and (3) training for judges and attorneys involved in child welfare cases, among other supports. Additionally, HHS must establish the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services to provide training, technical assistance, and guidance to applicable state and local agencies and service providers. Further, the Religious Freedom Restoration Act may not be the basis for challenging the application or enforcement of this bill. The Government Accountability Office must study and report on states' compliance with the requirements of the bill no later than three years after enactment.

Keeping All Students Safe Act This bill prohibits the use of seclusion and limits the use of physical restraint in schools and Head Start programs that receive federal funding. Specifically, the bill prohibits the use of seclusion, which is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. The term does not include a time out, which may involve separating the student from others in a non-locked setting. The bill prohibits the use of mechanical or chemical restraints or physical restraints that restrict breathing or are life threatening. The bill outlines the requirements for the use of physical restraint, including that the student's behavior must pose an imminent danger of serious physical injury to the student or other individual. Each state must ensure that a sufficient number of program personnel are trained and certified by a state-approved crisis intervention training program. Additionally, each program must establish procedures to follow after an incident involving physical restraint. Further, the bill establishes enforcement provisions, including a private right of action for a student who has been subjected to unlawful seclusion or restraint. The Department of Education and the Department of Health and Human Services must withhold payments from a program for unlawful seclusion or restraint. Finally, the bill requires each state educational agency (SEA) to establish, implement, and enforce policies and procedures required by the bill. It also creates a grant program to assist SEAs with these activities.