Sen. Margaret Wood Hassan

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.

School Food Modernization Act of 2021 This bill provides for loan guarantees and grants to support healthy meals under the National School Lunch Program and School Breakfast Program. The bill directs the Department of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs), school food authorities, tribal organizations, and other eligible entities to finance infrastructure improvements or equipment purchases to facilitate their provision of healthy meals through the school meal programs. USDA must also award competitive matching grants to assist LEAs, school food authorities, tribal organizations, and other eligible entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. USDA must give preference under both programs to applicants that demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment, and shall establish fees for the loan guarantee program. In addition, USDA must award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to (1) meet or exceed nutrition standards under the school meal programs, and (2) improve the efficacy and efficiency of the school meal programs.

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.

Safeguarding Internet Freedom in Hong Kong Act of 2021 This bill authorizes and establishes programs to promote internet freedom in Hong Kong and contains other related provisions. The Department of State may establish an interagency working group to develop a strategy to bolster internet resiliency and access in Hong Kong. The State Department shall also establish within the Bureau of Democracy, Human Rights, and Labor a Hong Kong internet freedom program. (The bureau has existing programs to promote internet freedom globally through technology development, digital safety, policy advocacy, and research.) The Open Technology Fund may establish a Hong Kong internet freedom program. (The fund, an independent nonprofit organization that receives U.S. government funding, was originally a part of Radio Free Asia.) The bureau and the fund may award grants to qualifying private organizations to promote technology and tools in Hong Kong that promote online information access, enhance digital security, and circumvent internet blocking and other online censorship. The State Department shall report to Congress a classified strategy to (1) increase the availability of firewall circumvention technology in Hong Kong; and (2) support the preservation of an open, interoperable, reliable, and secure internet in Hong Kong.

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.

Huntington's Disease Disability Insurance Access Act of 2021 This bill expedites payment of Social Security Disability Insurance (SSDI) benefits and eligibility for Medicare coverage for those with Huntington's disease. This is an inherited disorder that causes brain cells to die, including in areas of the brain that help to control voluntary movement. Specifically, the bill eliminates the 5-month waiting period for SSDI benefits and the subsequent 24-month waiting period for Medicare coverage for individuals with Huntington's disease. Under current law, individuals generally must wait five months after the onset of disability to begin receiving SSDI benefits and an additional 24 months to become eligible for Medicare.

Jumpstart Our Businesses by Supporting Students Act of 2021 or the JOBS Act of 2021 This bill expands student eligibility for Pell Grants by establishing the Job Training Federal Pell Grant program. Specifically, the bill requires the Department of Education to award a job training Pell Grant to a student who does not have a degree; attends an institution of higher education (IHE); is enrolled in a career and technical education program at an IHE that provides 150 to 600 clock hours of instructional time over a period of 8 to 15 weeks and provides training aligned with high-skill, high-wage, or in-demand industry sectors (i.e., job training programs); and meets all other eligibility requirements for a Pell Grant. It also specifies that any period during which a student receives a job training Pell Grant counts toward that student's Pell Grant eligibility period.

National Manufacturing Guard Act This bill addresses the manufacturing of critical resources (e.g., supplies that are life-sustaining or otherwise critical to U.S. national security). The bill establishes the Office of Supply Chain Preparedness within the Department of Commerce, the Supply Chain Advisory Council, and the National Manufacturing Guard within the office to be activated during a crisis to procure, manufacture, and distribute critical resources. The office must establish the Supply Chain Data Exchange to account for critical resources, measure the manufacturing ability of industry partners, and plan the distribution of such resources. The bill also establishes the Manufacturing Corps to provide workforce training for manufacturing skills deemed essential to the economic security of the United States.

TRICARE Fairness for National Guard and Reserve Retirees Act This bill aligns eligibility for TRICARE health coverage with the age at which personnel of the Retired Reserve (former National Guard and Reserve members) begin receiving retired pay. Specifically, personnel of the Retired Reserve who are not yet age 60 but are receiving their retirement pay may purchase TRICARE health coverage for retired military personnel, rather than the presently allowed TRICARE Retired Reserve. Under current law, Reserve Component personnel may retire below age 60, but not below 50, based on active duty performance.

Empowering Medicare Seniors to Negotiate Drug Prices Act of 2021 This bill allows the Centers for Medicare & Medicaid Services to negotiate drug prices under the Medicare prescription drug benefit and to institute a price structure for the reimbursement of drugs covered under the benefit.