Rep. David N. Cicilline

Platform Competition and Opportunity Act of 2021 This bill generally prohibits operators of covered platforms from acquiring the stock or other share capital or the assets of another person engaged in commerce or in any activity affecting commerce. Covered platforms are online platforms that (1) have at least 50 million U.S.-based monthly active users or at least 100,000 U.S.-based monthly active business users, (2) are owned or controlled by a person with net annual sales or a market capitalization greater than $600 billion, and (3) are critical trading partners for the sale or provision of any product or service offered on or directly related to the platform. The Federal Trade Commission or the Department of Justice must designate whether an entity is a covered platform, and both must carry out enforcement activities. The bill provides for any person (other than a foreign state and any instrumentality thereof) who is injured by an activity forbidden under the bill to recover triple damages. (A foreign state may only recover actual damages.) Further, the bill specifies the U.S. Court of Appeals for the District of Columbia Circuit as the judicial venue for a covered platform's appeals related to (1) the designation as a covered platform, (2) other administrative and enforcement proceedings, or (3) a final order issued in any district court.

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.

Elder Abuse Protection Act of 2021 This bill provides statutory authority for the Elder Justice Initiative, which coordinates activities of the Department of Justice (DOJ) to combat elder abuse, neglect, and financial fraud. The bill requires DOJ's Elder Justice Coordinator to serve as the head of the initiative. The bill also requires the initiative to establish a national elder fraud telephone hotline, promote civil legal aid to victims of elder fraud and elder abuse, and make resources available online in English and Spanish.

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.

Artistic Recognition for Talented Students Act or the ARTS Act This bill directs the Copyright Office to waive various copyright registration-related fees for works that win certain competitions sponsored by the Congressional Institute or established by Congress. To qualify for the fee waiver, the copyright registration application must be filed within a specified time frame, but the Copyright Office may waive fees for a qualifying work even if the application is filed outside the time frame.

Cultivating Opportunity and Recovery from the Pandemic through Service Act or the CORPS Act This bill makes several changes to AmeriCorps programs during the COVID-19 health emergency. Specifically, the bill: increases living allowance payments to program participants; increases educational awards for program participants; relaxes program requirements, including reducing the age requirement for AmeriCorps Seniors to 45 and older; creates a pilot program to allow state commissions to directly place individuals in approved AmeriCorps programs; and allows for targeted AmeriCorps grants to fund recovery projects in communities disproportionately affected by COVID-19. The bill also excludes AmeriCorps living allowance payments and educational awards from taxable income for program participants.

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.

Keep America's Waterfronts Working Act This bill addresses the preservation and accessibility of waterfronts in coastal states. The bill directs the National Oceanic and Atmospheric Administration (NOAA) to establish a Working Waterfront Task Force that will be designed to identify and address critical working waterfront needs with respect to cultural and economic importance, environmental threats, and market conditions for water-dependent businesses. NOAA must also establish a Working Waterfront Grant Program. Under the program, NOAA may award grants to coastal states with approved working waterfront plans in place to preserve and expand access to coastal waters for people engaged in fishing, aquaculture, boat building, and other water-dependent businesses. In addition, NOAA is authorized to award grants to coastal states for the purpose of developing or revising working waterfront plans. States are allowed to allocate any grant money received to eligible Indian tribes, local governments, and other entities. Each state that is awarded a grant must contribute at least 25% of matching funds towards the total cost of the project carried out with the grant, subject to certain exceptions. The bill establishes the Working Waterfronts Preservation Loan Fund to provide loans to coastal states for the purpose of implementing working waterfront plans.

Conceding Our Veterans' Exposures Now And Necessitating Training Act of 2021 or the COVENANT Act of 2021 This bill establishes a presumption of service-connection for certain illnesses related to exposure to airborne hazards or open burn pits and addresses the care available through the Department of Veterans Affairs (VA) for veterans with illnesses they assert to be related to exposures during their service. Specifically, the bill establishes a presumption of service-connection for certain illnesses becoming manifest in covered veterans to a degree of 10% or more. 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. A covered veteran is any veteran who served on or after August 2, 1990, in Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or the United Arab Emirates; or served on or after September 11, 2001, in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, Uzbekistan, the Philippines, or other countries the VA determines to be relevant. Among other elements, the bill requires the VA to provide medical examinations for veterans who submit a claim for disability compensation for an illness not listed in the bill but that is asserted to be related to airborne hazard or open burn pit exposure; authorizes the VA to stay pending claims for disability compensation related to the service and illnesses covered by this bill until the implementation of the bill; and provides VA hospital care, medical services, and nursing home care to covered veterans.

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.