Sen. Ruben Gallego

Department of Defense Burn Pits Health Provider Training Act This bill requires the Department of Defense to train its medical providers on the potential health effects of burn pits, which are areas used for burning solid waste in open air without equipment.

Safe Schools Improvement Act of 2021 This bill requires states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit bullying and harassment of elementary and secondary school students. In particular, these policies must prohibit bullying and harassment based on race, color, national origin, sex, sexual orientation, gender identity, disability, or religion. Further, LEAs must provide (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies; (2) students and parents with grievance procedures that target such conduct; and (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. The Department of Education must conduct and report on an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics must collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies.

Medicare Dental, Vision, and Hearing Benefit Act of 2021 This bill provides for Medicare coverage of dental, vision, and hearing care. Coverage includes (1) routine dental cleanings and exams, basic and major dental services, emergency dental care, and dentures; (2) routine eye exams, eyeglasses, and contact lenses; and (3) routine hearing exams, hearing aids, and exams for hearing aids. With respect to such care, the bill establishes special payment rules, limitations, and coinsurance requirements.

Student Food Security Act of 2021 This bill expands the Supplemental Nutrition Assistance Program (SNAP) and establishes programs to address food insecurity among college students. Specifically, the bill permanently modifies the eligibility requirements to allow additional college students to receive SNAP benefits, and it establishes a demonstration program to allow college students to use SNAP benefits on college campuses instead of meal plans. The bill also advances implementation of certain data-sharing agreements and notifications to help students who apply for federal financial aid to also apply for and receive other federal means-tested benefits (e.g., Section 8 tenant-based housing assistance, Medicaid, and Supplemental Security Income). In addition, the bill (1) requires questions about food and housing insecurity to be incorporated into the National Postsecondary Student Aid Study, and (2) establishes a grant program to support research and address incidences of food and housing insecurity among college students.

Federal Retirement Fairness Act This bill modifies the federal civilian service that is creditable service under the Federal Employees Retirement System (FERS). Specifically, it expands the nondeduction service that may be creditable under FERS. Nondeduction service is federal service where an employee's pay is not subject to retirement deductions (e.g., service under a temporary appointment). Currently, nondeduction service performed before January 1, 1989, is creditable under FERS so long as a deposit is made into the retirement fund to cover the period of nondeduction service. This bill allows nondeduction service performed on or after January 1, 1989, to be creditable under FERS so long as a deposit is made into the retirement fund.

Tax-Free Pell Grant Act This bill excludes from gross income, for income tax purposes, any amount received as a federal Pell Grant. It also expands the definition of qualified tuition and related expenses under the American Opportunity and Lifetime Learning tax credit to include computer or peripheral equipment (up to a maximum of $1,000), child and dependent care expenses, and course materials.

Better Care Better Jobs Act This bill establishes programs and provides funds for state Medicaid programs to improve home- and community-based services (HCBS), such as home health care, personal care, case management, and rehabilitative services. Specifically, the bill provides funds for the Centers for Medicare & Medicaid Services to award planning grants, develop quality measures, and provide technical assistance to states regarding specified HCBS improvements, particularly with respect to access, utilization, and the associated workforce. The bill also increases the Federal Medical Assistance Percentage (i.e., federal matching rate) for HCBS in states that develop plans and meet specified benchmarks for improvements. The bill also makes permanent (1) the Money Follows the Person Rebalancing Demonstration Program (a grant program to help states increase the use of HCBS for long-term care and decrease the use of institutional care), and (2) certain provisions regarding Medicaid eligibility that protect against spousal impoverishment for recipients of HCBS.

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.

Saving Hazardous And Declining Environments Act or the SHADE Act This bill requires the Department of Housing and Urban Development to award grants for government entities and nonprofit organizations to plant trees in low-income communities and in communities meeting designated minority or limited English-proficiency thresholds.

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.