Sen. Chuck Grassley

Carbon Capture, Utilization, and Storage Tax Credit Amendments Act of 2021 This bill extends the carbon oxide sequestration tax credit through 2030. It also permits taxpayers to elect to receive a payment in lieu of the tax credits for carbon oxide sequestration and qualifying advanced coal projects. The bill also makes other modifications to certain carbon sequestration credits, including (1) an allowance of carbon sequestration credits against the base erosion minimum tax, (2) modifications to sequestration requirements for certain qualifying advanced coal project credit equipment, and (3) increasing the sequestration credit value for direct air capture projects.

This bill establishes that a minimum of 50% of a covered packer's weekly volume of livestock slaughter must be purchased through spot market sales from nonaffiliated producers. (The term covered packer applies to a packer that is required to report to the Department of Agriculture each reporting day information on the price and quantity of livestock purchased by such packer and does not include a packer that owns only one livestock processing plant.) A spot market sale is a purchase and sale of livestock by a packer from a producer under (1) an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into, (2) which the livestock are slaughtered not more than 14 days after the date on which the agreement is entered into, and (3) circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into.

Short on Competition Act This bill requires the Food and Drug Administration (FDA) to provide temporary authorization to import certain prescription drugs facing shortages or in a marginally competitive drug market. Specifically, the FDA shall authorize importation of an eligible drug that is lifesaving, life-sustaining, or intended to treat or prevent a debilitating condition. To be eligible, a drug must (1) be facing a shortage, (2) require a prescription, (3) have received market authorization in certain foreign countries, and (4) have the same active ingredient as the drug for which there is a shortage in the United States. The drug's manufacturer must also seek FDA approval for the drug as a generic drug. The import authorization shall be for three years or until the shortage no longer applies, whichever occurs first. Importation shall begin within 60 days of the FDA receiving an application that meets all of the applicable requirements. The FDA may deny importation of a drug for reasons related to safety or effectiveness. Drugs in marginally competitive markets must be treated as being in a shortage for the purposes of this bill and for the purposes of expedited inspections and review. A drug is in a marginally competitive market if (1) there are fewer than five holders of approved applications for commercially available brand-name or generic versions of the drug, (2) the drug has been approved for at least 10 years, and (3) the patents on the drug's active ingredients have expired.

Rural Health Clinic Protection Act This bill applies certain modified payment limits to rural health clinics that temporarily enrolled in Medicare during the public health emergency relating to COVID-19 or that applied to enroll by December 31, 2020.

Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act or the INFORM Consumers Act This bill requires online marketplaces to collect, verify, and disclose certain information from high-volume, third-party sellers. High-volume, third-party sellers include online marketplace participants that conduct 200 or more transactions resulting in total revenues of $5,000 or more during a continuous 12-month period. Online marketplaces must acquire these sellers' (1) bank account numbers, (2) government-issued identification, (3) tax identification numbers, and (4) contact information. Online marketplaces must verify this information and annually certify any changes to it. Further, online marketplaces must make certain information (e.g., sellers' names and contact information) available to consumers through the sellers' product listings and provide consumers with methods to report electronically and by telephone any suspicious activity on the marketplace. The bill provides the Federal Trade Commission with the authority to enforce these requirements.

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.

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.

School Reopening and Spending Transparency Act This bill requires the Department of Education to establish and update monthly a public website to track state expenditures of certain COVID-19 (i.e., coronavirus disease 2019) education relief funds. States must report on the operating status of their public elementary and secondary schools during the 2020-2021 school year for inclusion on the website.

Advancing Emergency Preparedness Through One Health Act of 2021 This bill requires interagency coordination to respond to zoonotic diseases through a One Health Program. A One Health Program recognizes the interconnection between people, animals, plants, and their shared environment. Specifically, the Department of the Interior, the Department of Health and Human Services, and the Department of Agriculture must develop a framework to coordinate federal activities to reduce hazards to human and animal health under the One Health Program. These departments must work with other federal entities on the framework, including the Department of Commerce. This framework must establish goals, identify activities necessary to achieve those goals, and recommend legislation or other actions to advance One Health efforts. Additionally, the Government Accountability Office must evaluate this framework and its implementation.

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.