Rep. Ann M. Kuster

Charitable Conservation Easement Program Integrity Act of 2021 This bill imposes a limitation on the tax deduction for qualified conservation contributions made by certain partnerships if the amount of the contribution exceeds 2.5% times the sum of each partner's relevant basis in the partnership. This limitation also applies to other pass-thru entities, such as S corporations.

Reducing Hereditary Cancer Act of 2021 This bill provides for Medicare coverage of germline mutation testing for individuals with a personal or family history of a hereditary cancer gene mutation or suspected history of hereditary cancer, as well as for associated coverage of risk-reducing surgeries and screenings.

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.

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.

Chronic Kidney Disease Improvement in Research and Treatment Act of 2021 This bill modifies provisions relating to Medicare coverage of treatments for chronic kidney disease. Specifically, the bill expands the Medicare annual wellness visit to include chronic kidney disease screening and allows certain Medicare beneficiaries who have End Stage Renal Disease (ESRD) to enroll in Medicare supplemental policies. It also (1) provides for alternative payment methodologies for certain new drugs, biologics, and devices that are renal dialysis services; (2) revises quality measures; (3) establishes an incentive payment methodology; and (4) increases access to kidney disease education services. The bill also extends the coordination period (from 30 months to 42 months) during which private health insurers may serve as the primary payers for Medicare beneficiaries with ESRD.

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.

Continuous Improvement and Accountability in Organic Standards Act This bill requires the Department of Agriculture (USDA) to undertake rulemaking and other activities to implement certain recommendations of the National Organic Standards Board (a federal advisory board that considers and makes recommendations concerning the production, handling, and processing of organic products). Specifically, USDA must issue within a specified time line final rules for implementing recommendations approved (1) by the board between December 31, 2000, and the date of the bill's enactment; and (2) with at least two-thirds of the votes cast at a meeting where a quorum was present. If USDA determines issuing rules for such recommendations is not practicable, it must identify and report to Congress about the specific constraints that preclude rulemaking. In addition, the bill sets out a process and time line for USDA to implement through rulemaking future recommendations of the board that are approved by at least two-thirds of the votes cast at a meeting where a quorum was present. The bill also requires state officials or entities that certify organic farms or handling operations to report annually concerning the implementation of and compliance with any new rule or guidance.

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.

No PFAS in Cosmetics Act This bill requires the Department of Health and Human Services to issue and finalize a rule to ban the use of intentionally added perfluoroalkyl or polyfluoroalkyl substances in cosmetics.

This joint resolution nullifies the Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review rule published by the Environmental Protection Agency on September 14, 2020. The rule finalized amendments to new source performance standards under the Clean Air Act for the oil and natural gas sector, such as an amendment that removed limitations on methane emissions from such sector.