Rep. Pramila Jayapal

Augmenting Compatibility and Competition by Enabling Service Switching Act of 2021 or the ACCESS Act of 2021 This bill requires large online platforms (e.g., YouTube, Salesforce) to facilitate consumers and businesses switching from one platform to another. Specifically, the platforms must maintain interfaces that (1) securely transfer user data to other platforms (i.e., portability), and (2) allow other platforms to connect and communicate with their systems (i.e., interoperability). The bill provides the Federal Trade Commission (FTC) and the Department of Justice with the authority to designate specific platforms to which these requirements apply. After a platform is designated, the FTC must issue standards of interoperability specific to the platform. A platform may not change its interoperability interface without petitioning the FTC, and the platform must provide to competing businesses documentation for accessing the interface. Further, the FTC must establish a technical committee to assist with the implementation of these requirements. The bill provides the FTC with authority to enforce these requirements including through recovery of civil penalties and injunctive relief.

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.

Healthy Future Students and Earth Pilot Program Act of 2021 This bill establishes a pilot program for providing 100% plant-based food and milk options in school meals. The Department of Agriculture must award up to 50 grants to school food authorities. Recipients may use funds for activities including training food service personnel on serving 100% plant-based options and covering additional costs of buying plant-based foods and milks.

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.

Protecting Airport Communities from Particle Emissions Act This bill directs the Federal Aviation Administration and the Environmental Protection Agency to jointly contract with an institution of higher education to study the characteristics, distributions, sources, and potential human health effects of airborne ultrafine particles.

Cell-Site Simulator Warrant Act of 2021 This bill establishes a federal statutory framework to regulate the use of cell-site simulators. Cell-site simulators (commonly known as Stingrays) are devices that function as or simulate a cell-phone tower to identify, locate, or intercept transmissions from a cell phone for purposes other than providing ordinary commercial mobile services or private mobile services. The framework generally prohibits the knowing use of a cell-site simulator domestically by an individual or entity or the use of a cell-site simulator by an element of the intelligence community outside the United States to conduct surveillance of a U.S. person. It imposes a civil fine on an individual or entity that violates the prohibition and restricts the use of unlawfully acquired information as evidence in a legal proceeding or official proceeding. The framework contains exceptions to permit the use of a cell-site simulator in certain circumstances, such as by a law enforcement agency pursuant to a warrant or by an element of the intelligence community to conduct surveillance under the Foreign Intelligence Surveillance Act of 1978. Finally, an individual who is the subject of unlawful use of a cell-site simulator may bring a private right of action.

Marine Mammal Climate Change Protection Act This bill establishes requirements to protect marine mammals adversely affected by climate change, including by establishing a program within the National Oceanic and Atmospheric Administration (NOAA) to monitor the adverse impacts of climate change on marine mammals. In addition, it also requires NOAA's National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) to issue regulations that list marine mammal species in waters under U.S. jurisdiction for which climate change is more likely than not to result in a decline in population abundance, an impeded population recovery, or a reduced carrying capacity (i.e., the maximum population of a marine mammal species that an area will support without undergoing deterioration). The NMFS and the USFWS must update the list at least once every five years and issue regulations that include climate impact management plans for species on such list. The bill also directs the NMFS and the USFWS to review agreements with foreign governments concerning the management of marine mammals that are or may be affected by climate change. The Department of State must initiate amendments to such agreements or negotiate the development of such agreements in a manner consistent with the goals of the bill.

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.

American Renewable Energy Act of 2021 This bill establishes an annual renewable energy standard for retail electricity suppliers through 2030. Under the standard, the suppliers must (1) increase their renewable energy generation each year by specified amounts, and (2) generate at least 70% renewable electricity by 2030.