Sen. Lisa Blunt Rochester

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.

Patriotic Corporations of America Act of 2021 This bill establishes new requirements for federal contracts, including Department of Defense contracts, with respect to issues of labor, environmental sustainability, taxes, and private equity firms. Specifically, the bill prohibits an executive agency from awarding a contract unless the offeror, among other requirements pays employees wages that meet certain minimums; agrees to sign a neutrality agreement with respect to efforts to form a labor organization and an agreement not to hire replacement workers in any strike; submits to the agency an actionable plan to address natural disasters and health crises, including policies and plans for paid family and medical leave and for whistleblower protections; and submits to the agency an actionable plan to recruit and promote people of color, women, LGBTQ+ people, people with disabilities, and veterans. The bill sets forth additional provisions to assure that the offeror meets specified requirements with respect to the payment of environmental penalties, federal income tax liability and financial performance, and a controlling private equity firm meeting certain labor and environmental requirements. The bill establishes specified contract preferences (e.g., in favor of an offeror that does not outsource jobs outside the United States and that has a collective bargaining agreement with employees).

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.

Allergy Testing Access Act of 2021 This bill requires equal coverage of two types of allergy tests under Medicaid and Medicare. Specifically, in vitro specific IgE tests (blood tests) and percutaneous tests (skin tests) must be treated equally with respect to (1) medical necessity or other coverage requirements, (2) frequency limits, and (3) allergen unit limits.

Advancing FASD Research, Services, and Prevention Act or the FASD Respect Act This bill expands and establishes programs for fetal alcohol spectrum disorders (FASD). Specifically, it directs the Department of Health and Human Services, the National Institutes of Health, the National Center on Birth Defects and Developmental Disabilities, and the Health Resources and Services Administration to carry out and coordinate research, surveillance, and related activities to diagnose, prevent, and treat FASD. Furthermore, the bill establishes various grant programs to support FASD coalitions and develop systems of care; provide services for individuals affected by FASD and other conditions related to prenatal substance exposure; identify and implement best practices for educating children with FASD; and establish centers for excellence to build relevant capacity for preventing, treating, and responding to the needs of individuals with FASD. The bill also directs the Department of Education and the Department of Justice to develop and disseminate trainings and best practices related to FASD in schools and correctional facilities, respectively.

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.

Non-Opioid Directive Act This bill requires the Department of Health and Human Services (HHS) to develop a non-opioid pain management directive. This is a form that an individual may use to inform health care providers of the individual's choice to avoid opioid medications for pain management. The bill also sets out requirements for the execution, use, and revocation of these forms. HHS must make the form available on its website, and health insurers must make it available to their plan enrollees. Insurers must also share an enrollee's choice about opioid treatment with health care providers during pre-authorization processes. The bill allows health care providers to override a patient's form in specified circumstances. It also extends liability protections for providers who reasonably and in good faith administer or prescribe an opioid to a patient with an executed form in place.

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.