Rep. Glenn Grothman

Promotion and Expansion of Private Employee Ownership Act of 2021 This bill expands tax incentives and federal assistance for employee stock ownership plans (ESOPs) that are sponsored by S corporations. The bill provides additional tax incentives for ESOPs by (1) extending to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an ESOP; and (2) allowing a tax deduction for 50% of the interest received by a bank on loans to S corporation-sponsored ESOPs for the purchase of employer securities. The Department of the Treasury must establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. The bill defines an ESOP business concern for purposes of the Small Business Act as a business concern that was eligible for a loan, preference, or other program under such Act before more than 49% of the business concern was acquired by an ESOP.

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.

This resolution requires an analytical statement to be included in committee reports on whether, and the extent to which, the increased budget authority, outlays, or revenue produced by the enactment of a bill or joint resolution may have an inflationary impact on prices and costs in the operation of the national economy and the purchasing power of low- and middle-income families.

Dillon's Law This bill requires the Department of Health and Human Services to give preference when awarding certain grants for preventive health service programs to states that allow trained individuals to administer epinephrine and provide civil liability protections related to that administration.

Campus Free Speech Restoration Act This bill addresses expressive activities (e.g., peacefully assembling, distributing literature, or carrying signs) on college campuses. First, the bill generally prohibits a public institution of higher education (IHE) that participates in federal student-aid programs from restricting noncommercial expressive activities on campus. Further, the bill prohibits a public IHE from receiving federal funds if the Department of Education determines that the public IHE (1) maintains a policy that infringes upon the expressive rights of students; or (2) maintains or enforces time, place, or manner restrictions on expressive activities, except in limited circumstances. In addition, the bill prohibits retaliation against an individual because the individual reported or complained about restrictions on expressive activities or participated in an investigation or hearing. The bill also requires a private IHE that receives federal funds to provide students with its policies related to expressive rights. The bill also establishes a framework for investigating complaints and for IHEs to regain eligibility for federal funds.

Metropolitan Statistical Area Preservation Act This bill prohibits the Office of Management and Budget (OMB) from establishing, for purposes of designating areas as metropolitan statistical areas (MSAs), a minimum population for the urban area of such MSA that is more than 50,000. The OMB may, for statistical purposes only, establish other statistical area designations with higher minimum population requirements for such urban areas.

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.

Ending Critical Race Theory in D.C. Public Schools Act This bill prohibits any employee of the District of Columbia Public Schools or the District of Columbia Public Charter Schools from compelling a teacher or student to adopt, affirm, adhere to, or profess ideas that promote race or sex stereotyping or scapegoating.

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.

Tax Fairness Act of 2021 This bill modifies the tax treatment of partnership interests held in connection with the performance of services. The bill requires certain income from the partnerships to be treated as ordinary income rather than as capital gains.