Rep. Danny K. Davis

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.

Newborn Screening Saves Lives Reauthorization Act of 2021 This bill reauthorizes through FY2026 and revises several programs and activities relating to newborn screening for certain conditions and genetic, endocrine, and metabolic diseases. Among its changes, the bill reauthorizes and makes mandatory the Hunter Kelly Research Program at the National Institutes of Health, and national surveillance activities conducted by the Centers for Disease Control and Prevention. The bill also aligns statutory requirements for research on non-identified newborn blood spots with federal regulations governing research on human subjects. These blood spots are collected as part of newborn screening programs, and some states make them available for biomedical and public health research. Under current regulations, research on non-identified bio-specimens such as blood spots is not considered to be research on human subjects, to which additional protections apply.

School Infrastructure Modernization Act of 2021 This bill allows rehabilitation expenditures for public school buildings to qualify for the rehabilitation tax credit during a specified five-year period.

Unclaimed Savings Bond Act of 2021 This bill establishes requirements and procedures for the Department of the Treasury to transfer ownership of certain matured, unredeemed savings bonds and related records to states.

Vanessa Guillén Military Justice Improvement and Increasing Prevention Act This bill modifies the process and policy related to the disposition of charges and convening of courts-martial for certain sexual assault cases and other specified offenses under the Uniform Code of Military Justice (UCMJ). Among other elements, the bill provides that the determinations on the preferral, disposition, and referral of charges for specified offenses under the UCMJ must be made by a commissioned officer of the Armed Forces who is designated as a court-martial convening authority (in grade O-6 or higher) and who is available for detail as trial counsel, has significant trial experience, and is outside the chain of command of the member subject to the charges.

Zero-Emission Nuclear Power Production Credit Act of 2021 This bill allows a new business-related tax credit through 2030 for the production of electricity from zero-emission nuclear power. It also allows taxpayers to elect direct payments of such credit and requires a recapture of credit amounts for contractors who fail to pay their employees the prevailing wage rate. The bill requires the Government Accountability Office to report on the effectiveness of the credit in ensuring grid reliability and on ratepayer savings. Contractors must ensure that at least 15% of their workforce is composed of qualified apprentices unless there is a lack of availability of qualified apprentices in the applicable geographic area.

Puppy Protection Act of 2021 This bill requires the Department of Agriculture to expand standards that govern the humane handling, care, treatment, and transportation of animals to include new requirements for commercial dog dealers. Specifically, the standards must require dog dealers to provide to dogs adequate housing, exercise, and veterinary care; appropriate and nutritious food; continuous access to potable water; and meaningful socialization with humans and compatible dogs for at least 30 minutes each day. The standards must also include requirements for breeders to use safe breeding practices and make all reasonable efforts to find humane placement for retired breeding dogs.

Promoting Employment of Skilled Workers and Foster Youth Act of 2021 This bill expands the work opportunity tax credit to (1) allow the rehiring of certain construction industry employees participating in an apprenticeship program, and (2) include qualified pre-apprenticeship graduates and foster care transition youth as targeted group members for purposes of the credit.

Work Without Worry Act This bill modifies eligibility for Social Security Disability Insurance (SSDI) benefits for individuals who have a disability that began before age 22. Under current law, these individuals may obtain SSDI benefits based on the work record of a retired, disabled, or deceased parent. However, an individual with earnings after age 22 that exceed a specified monetary limit (i.e., constitute substantial gainful activity) permanently loses eligibility for such benefits. This bill allows individuals to retain eligibility for such benefits regardless of the amount of earnings after age 22. Additionally, individuals who apply for SSDI benefits on a parent's record and also independently qualify for Social Security benefits on their own record will receive the larger of the two benefit amounts.

Trade Adjustment Assistance Modernization Act of 2021 This bill reauthorizes through FY2028 and otherwise revises the Trade Adjustment Assistance Program, including by expanding program eligibility to additional workers, increasing relocation and job search allowances, establishing a child care allowance, and expanding eligibility for and increasing the maximum benefit of wage insurance. The bill also permanently extends the tax credit for health insurance costs and increases the percentage of such credit.