Securing Access for Venue Equity Act or the SAVE Act This bill expands a grant program established to support venue operators in response to COVID-19 (i.e., coronavirus disease 2019) to include hospitality businesses, such as amusement and theme parks, scenic and sightseeing transportation businesses, and travel arrangement and reservation services.
Safe Step Act This bill requires a group health plan to establish an exception to medication step-therapy protocol in specified cases. A medication step-therapy protocol establishes a specific sequence in which prescription drugs are covered by a group health plan or a health insurance issuer. A request for such an exception to the protocol must be granted if (1) an otherwise required treatment has been ineffective, (2) such treatment is expected to be ineffective and delaying effective treatment would lead to irreversible consequences, (3) such treatment will cause or is likely to cause an adverse reaction to the individual, (4) such treatment is expected to prevent the individual from performing daily activities or occupational responsibilities, (5) the individual is stable based on the prescription drugs already selected, or (6) there are other circumstances as determined by the Employee Benefits Security Administration. The bill requires a group health plan to implement and make readily available a clear process for an individual to request an exception to the protocol, including required information and criteria for granting an exception. The bill further specifies timelines under which plans must respond to such requests.
Protecting Older Workers Against Discrimination Act 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.
Recognition of Local Interests in NEPA Decision Making This bill sets forth requirements for determining the venue for judicial review of an agency action under the National Environmental Policy Act of 1969 (NEPA). Specifically, the bill requires a proceeding for judicial review of an agency's compliance with NEPA to be brought in the U.S. district court for a district in which the authorized activity is proposed to be carried out or the U.S. District Court for the District of Columbia.
Just and Unifying Solutions To Invigorate Communities Everywhere Act of 2021 or the JUSTICE Act This bill addresses policies and issues regarding policing practices and law enforcement accountability. The bill funds state and local grants, incentivizes state and local reporting on the use of certain policing practices, creates new federal offenses for certain misconduct, and establishes best practices and training requirements. The bill funds state and local grants, including to support the use of body-worn cameras, to implement information sharing systems for disciplinary records of law enforcement officers, and to prohibit officers from engaging in sexual acts under color of the law. Further, it requires state and local governments that receive grants under the Edward Byrne Memorial Justice Assistance Grant program to report information related to use-of-force incidents and the use of no-knock warrants. At the federal level, the bill establishes new criminal offenses related to falsifying police reports and engaging in sexual acts under color of law. The bill directs the Department of Justice to develop training on de-escalation tactics, behavioral health crises, alternatives to the use of force, and the duty to intervene when another officer uses excessive force. Finally, the bill establishes and funds the National Criminal Justice Commission. Among other tasks, the commission must develop best practices for policing tactics and procedures.
Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.
Shellfish Aquaculture Improvement Act of 2021 This bill limits the ability of an aquaculture worker to bring a civil action against an employer for employment-related injuries. Specifically, the bill limits recovery for injuries sustained by an aquaculture worker if (1) state workers' compensation is available to such individual; and (2) at the time of injury, the individual was engaged in aquaculture in a place where the individual had lawful access. An aquaculture worker is an individual employed by commercial enterprises involved in the controlled cultivation and harvest of aquatic plants and animals, including the cleaning, processing, or canning of fish and fish products, the cultivation and harvesting of shellfish, and the controlled growing and harvesting of other aquatic species.
Whole Milk for Healthy Kids Act of 2021 This bill revises requirements for milk provided by the National School Lunch Program of the Department of Agriculture (USDA). Currently, schools participating in the program must provide milk that is consistent with the most recent Dietary Guidelines for Americans; USDA regulations require milk to be fat-free or low-fat and allow only fat-free milk to be flavored. The bill removes these restrictions and instead permits schools to offer students whole, reduced-fat, low-fat, and fat-free flavored and unflavored milk.
Mental Health Access Improvement Act of 2021 This bill provides for coverage of marriage and family therapist services and mental health counselor services under Medicare. It also excludes such services from the skilled nursing facility prospective payment system, and authorizes marriage and family therapists and mental health counselors to develop discharge plans for post-hospital services.
Carbon Removal, Efficient Agencies, Technology Expertise Act of 2021 or the CREATE Act of 2021 This bill establishes the Committee on Large-Scale Carbon Management within the National Science and Technology Council to plan and oversee efforts to (1) remove carbon dioxide from the air, ocean, and land; and (2) store such carbon. The committee must develop a strategic plan for federal research, development, and demonstration of technological carbon dioxide removal and storage. In addition, the committee must establish working groups to carry out a Carbon Removal Initiative that pursues such research, development, and demonstration across several federal agencies.
College Transparency Act This bill requires the National Center for Education Statistics to establish a secure and privacy-protected data system that contains information about postsecondary students. Specifically, the data system must evaluate student enrollment patterns, progression, completion, and postcollegiate outcomes, and higher education costs and financial aid; provide complete and customizable information for students and families making decisions about postsecondary education; reduce the requirements for reporting by institutions of higher education; and periodically match with other federal systems of data. The bill also establishes a postsecondary student data system advisory committee.
Energy Security Cooperation with Allied Partners in Europe Act of 2021 This bill establishes requirements related to U.S. international energy strategy. Applications to export natural gas to North Atlantic Treaty Organization (NATO) member countries, Japan, and certain other countries shall be granted on an expedited basis without modification or delay. The President shall impose sanctions on a person that provides certain equipment, investment, or services to the Russian government or related entities for constructing or servicing Russian energy export pipelines. The Department of State shall report to Congress on a strategy to enhance the energy security of NATO member countries and increase U.S. energy exports to such countries.
