Rep. Don Young

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.

Bolstering Long-term Understanding and Exploration of the Great Lakes, Oceans, Bays, and Estuaries Act or the BLUE GLOBE Act This bill addresses data collection and monitoring of the Great Lakes, oceans, bays, estuaries, and coasts. The bill increases domestic and international coordination to enhance data management and monitoring of the Great Lakes, oceans, bays, estuaries, and coasts. It adds programs for the application and development of innovative technology to the list of technology programs used to combat illegal, unreported, and unregulated fishing. It also modifies requirements related to the scientific workforce in areas of oceanic and atmospheric research and development to include investigating whether there is a workforce shortage, workforce diversity, actions the federal government can take to increase diversity in the scientific workforce, and actions it can take to shorten the hiring backlog for such workforce. The National Oceanic Atmospheric Administration (NOAA) must (1) ensure that a goal of its cooperative institutes is to advance or apply emerging technologies, (2) create an ocean innovation prize to catalyze the rapid development and deployment of data collection and monitoring technology, and (3) seek to enter into an agreement with the National Academy of Sciences to assess the potential for an Advanced Research Projects Agency-Oceans. The bill also reauthorizes through FY2024 various NOAA hydrographic programs, including nautical mapping and charting. Additionally, relevant federal agencies must measure the value and impact of industries related to the Great Lakes, oceans, bays, estuaries, and coasts on the U.S. economy.

Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 This bill establishes a presumption of service-connection for specified diseases associated with exposure to burn pits (an area used for burning solid waste in open air without equipment) and other toxins by veterans who were awarded specified medals on or after August 2, 1990. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded. Under the bill, if the Department of Veterans Affairs (VA) receives a written petition to add a disease to the list, the VA must request a determination by the National Academies of Sciences, Engineering, and Medicine with respect to whether there is a positive association between the exposure of humans to a covered toxin and the occurrence of the disease in humans. The bill makes disability or death of certain employees from specified diseases compensable as a work injury. Specifically, such employees are those who were employees of the Department of State, the Department of Defense, or an element of the intelligence community on or after August 2, 1990, and carried out job responsibilities for at least 30 days during a contingency operation.

Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021 This bill requires the National Oceanic and Atmospheric Administration (NOAA) to establish a grant program for states, tribal and local governments, and other entities to implement projects that restore a marine, estuarine, coastal, or Great Lakes habitat, or that provide adaptation to climate change. NOAA must prioritize projects that (1) stimulate the economy; (2) begin within 90 days after an entity is awarded a grant; (3) employ fishermen who have been negatively impacted by the COVID-19 (i.e., coronavirus disease 2019) pandemic or pay fishermen for the use of a fishing vessel; (4) demonstrate any required studies or permits have been completed or can be completed shortly after an award is made; or (5) include communities that may not have adequate resources, including communities of color, and low-income, tribal, indigenous, and rural communities.

Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2021 This bill exempts traditional large and premium cigars from Food and Drug Administration (FDA) regulation and FDA-assessed user fees.

National Strategic and Critical Minerals Production Act of 2021 This bill sets forth environmental review requirements for the mine permitting process and limits the review to 30 months. Under the bill, projects that provide minerals vital to job creation, energy infrastructure, coastal resilience and restoration, economic competitiveness, and national security must be considered to be infrastructure projects as described in Executive Order 13807, titled Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects and dated August 15, 2017.This order directed agencies to ensure that the environmental review and permitting process for infrastructure is coordinated, predictable, and transparent. The Bureau of Land Management (BLM)or the Forest Service must appoint a project lead for the mine permitting process to coordinate with other agencies to ensure that the agencies minimize delays, set and adhere to timelines for completion of the permitting process, set clear permitting goals, and track progress against goals. The project lead must also determine the amount of financial assurance required for reclamation of a mineral exploration or mining site. The bill considers the requirements of the National Environmental Policy Act of 1969to be satisfied if the BLM or the Forest Service determines that the agency issuing the permit will address specified factors, such as environmental impacts of the permit or alternatives to issuance of the permit. Additionally, the bill exempts projects on National Forest System land from regulations that prohibit timber tree cutting and road construction in areas without roads.

Reopening to address Every COmplete Record request for Devoted Servicemembers Act of 2021 or the RECORDS Act of 2021 This bill directs the Office of the Archivist of the United States to take specified steps to address record request backlogs. Specifically, the office must take actions to ensure that (1) the number of individuals employed by the National Personnel Records Center is equal to or exceeds the number of such individuals employed on March 2, 2020, and (2) the percentage of such individuals regularly reporting to work in person is equal to or exceeds the percentage of such individuals regularly reporting to work in person on that date. The office shall submit to specified congressional committees a report that provides a comprehensive plan to address the record request backlog of the National Personnel Records Center and improve the efficiency and responsiveness of operations at the center, identifies measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such goals, and describes strategies to prevent future record request backlogs.

Sustainable Skies Act This bill allows a business-related tax credit through 2031 for each gallon of sustainable aviation fuel used by a taxpayer in the production of a qualified mixture (i.e., a mixture of sustainable aviation fuel and kerosene that is sold for use in certain U.S. aircraft). The bill generally defines sustainable aviation fuel as liquid fuel that consists of synthesized hydrocarbons, meets certain recognized international standards, is derived from biomass, waste streams, renewable energy sources, or gaseous carbon oxides, is not derived from palm fatty acid distillates, and achieves at least a 50% life cycle greenhouse gas emissions reduction in comparison with petroleum-based jet fuel. To be eligible for such credit, a taxpayer must meet certification requirements showing that the sustainable aviation fuel conforms with one of the life cycle greenhouse gas emissions reduction tests set forth in this bill.

Toxic Exposure in the American Military Act or the TEAM Act This bill requires the Department of Veterans Affairs (VA) to expand health care, benefits, and resources for veterans with conditions related to exposure to toxic substances. Specifically, the bill expands eligibility for VA hospital care, medical services, and nursing home care to include veterans who (1) were exposed to toxic substances, radiation, or other conditions, and were awarded certain medals (e.g., the Armed Forces Service Medal); (2) are eligible for inclusion in the Airborne Hazards and Open Burn Pit Registry; or (3) have been identified by the Department of Defense to have been possibly exposed during service to an open burn pit, toxic substance, or specified hazardous sites. (A burn pit is an area used for burning solid waste in open air without equipment.) The bill establishes a presumption of service-connection for diseases associated with exposure to certain toxic substances and that become manifest within a certain time period; the VA must specify such diseases and requirements through regulations. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded. The bill also requires the VA to take specified actions to (1) evaluate scientific evidence regarding associations between diseases and exposure to toxic substances; (2) train its health care personnel on identifying, treating, and assessing illnesses related to such exposure; and (3) provide resources to veterans exposed to toxic substances.

This bill expands eligibility for Post-9/11 GI Bill benefits to members of the National Guard who perform certain full-time service at the request of the President or the Secretary of Defense (i.e., full-time National Guard duty). Specifically, the bill eliminates the existing requirement that eligible full-time service must be in response to a declared national emergency. The bill also specifies that training is not included as full-time service for purposes of eligibility for these members.