Sen. Richard Blumenthal

Private Prison Information Act of 2021 This bill specifies that a record related to a nonfederal prison, correctional, or detention facility must be considered a federal agency record for purposes of the Freedom of Information Act (FOIA). A nonfederal prison, correctional, or detention facility must disclose information under FOIA unless the information is exempt from disclosure or the disclosure is prohibited by law. The term nonfederal prison, correctional, or detention facility means (1) a private prison, correctional, or detention facility; or (2) a state or local prison, jail, or other correctional or detention facility.

Foreign and Domestic Emoluments Enforcement Ac t This bill establishes statutory prohibitions, investigatory mechanisms, and enforcement provisions regarding the receipt from a foreign or domestic government of profits, gains, advantages, or payments (i.e., emoluments) by U.S. officeholders. Specifically, the bill prohibits any U.S. officeholder from accepting, directly or indirectly, emoluments from a foreign government without consent of Congress. The prohibition is enforceable through a civil action filed by the House of Representatives or Senate. Additionally, the bill prohibits the President from accepting emoluments from a domestic government other than compensation for his or her services as President. Both foreign and domestic emolument prohibitions are enforceable through administrative fines and civil actions by the Office of Government Ethics. The Office of Special Counsel must investigate violations of the bill.

Onward to Opportunity Act This bill requires the Department of Defense to implement a pilot program to provide grants for eligible entities to supplement the Transition Assistance Program by providing job opportunities for industry-recognized certifications, job placement assistance, and related employment services. Eligible entities are those that (1) follow a job training and placement model; (2) have a well-developed and rigorous practice of program measurement and evaluation; (3) have established partnerships with entities to provide the necessary services; and (4) have online training capability to reach rural veterans, reduce costs, and comply with new conditions forced by COVID-19. The program must be implemented at five military installations in the United States with successful economic opportunity program models.

John R. Lewis Voting Rights Advancement Act of 2021 This bill establishes new criteria for determining which states and political subdivisions must obtain preclearance before changes to voting practices may take effect. Preclearance is the process of receiving preapproval from the Department of Justice (DOJ) or the U.S. District Court for the District of Columbia before making legal changes that would affect voting rights. The bill also includes provisions related to federally protected activities at polling places and voting access on tribal lands. A state and all of its political subdivisions shall be subject to preclearance of voting practice changes for a 10-year period if 15 or more voting rights violations occurred in the state during the previous 25 years; or 10 or more violations occurred during the previous 25 years, at least 1 of which was committed by the state itself. A political subdivision as a separate unit shall also be subject to preclearance for a 10-year period if three or more voting rights violations occurred there during the previous 25 years. States and political subdivisions that meet certain thresholds regarding minority groups must preclear covered practices before implementation, such as changes to methods of election and redistricting. Further, states and political subdivisions must notify the public of changes to voting practices. Next, the bill authorizes DOJ to require states or political subdivisions to provide certain documents or answers to questions for enforcing voting rights. The bill also outlines factors courts must consider when hearing challenges to voting practices, such as the history of official voting discrimination in the state or political subdivision. In addition, the bill (1) includes certain protections for election workers, polling places, and election infrastructure; and (2) expands voting access on tribal lands.

Foreign Extortion Prevention Act This bill establishes a federal criminal offense involving bribery by foreign officials. Specifically, the bill makes it a crime for foreign officials to demand or accept anything of value personally or for another person or a nongovernmental entity to influence the performance of an official act or otherwise confer an improper advantage. The bill explicitly grants extraterritorial jurisdiction over the offense. A violation is subject to criminal penalties—a fine, a prison term of up to 15 years, or both. Finally, the bill establishes a Victims of Kleptocracy Fund in the Treasury and directs fines and penalties for violations to be deposited into the fund for anti-corruption initiatives.

Outpatient Surgery Quality and Access Act of 2021 This bill establishes and modifies certain requirements relating to Medicare payments for ambulatory surgical center (ASC) services. Specifically, the bill (1) requires the payment system for ASC services to feature certain positive annual adjustments equivalent to those made with respect to hospital outpatient department (OPD) services; (2) revises quality reporting requirements to permit publicly available, side-by-side comparisons of quality measures for ASCs and OPDs in the same geographic area; and (3) requires the Centers for Medicare & Medicaid Services (CMS), when excluding requested procedures from the list of those approved to be performed in ASCs, to cite specified reasons for doing so. With respect to excluding procedures from the approved list for ASCs, the CMS may not cite as a basis for exclusion that a procedure can only be reported using an unlisted surgical procedure code. (Physicians sometimes use unlisted codes when performing new procedures or services if no existing code is adequately descriptive.) The bill also limits the copayment amount for ASC services under Medicare to that of the inpatient hospital deductible.

Administrative False Claims Act of 2021 This bill modifies provisions regarding fraud committed against the federal government. Specifically, the bill raises the maximum amount of a fraud claim that may be handled administratively from $150,000 to $1 million, allows responsibilities in the administrative process assigned to the Attorney General or an Assistant Attorney General to be delegated to other Department of Justice employees, and allows the government to recoup costs for investigating and prosecuting these frauds.

Gun Violence Prevention Through Financial Intelligence Act This bill directs the Financial Crimes Enforcement Network (FinCEN) to collect information from financial institutions and develop an advisory regarding the reporting of suspicious transactions related to gun violence. Specifically, FinCEN must gather information and develop an advisory related to (1) the procurement of firearms and firearm accessories for the purpose of carrying out lone-wolf acts of terror, and (2) how the U.S. firearms market facilitates gun violence.

Fair Day in Court for Kids Act of 2021 This bill provides legal protections for a noncitizen (i.e., an individual referred to as an alien in federal law) who is detained or subject to immigration-related proceedings. The Department of Justice (DOJ), or the Department of Health and Human Services (HHS) in a case involving an unaccompanied child, may appoint or provide counsel at the government's expense to noncitizens in removal proceedings and related appeals. An unaccompanied child must be represented by counsel paid for and appointed by the government at every stage of such proceedings unless the child has obtained counsel at their own expense. If HHS fails to provide counsel to an unaccompanied child, the deadline for filing a motion to reopen a proceeding shall not apply, and the filing of such a motion shall stay the child's removal from the United States. The Department of Homeland Security (DHS) must provide a complete copy of a noncitizen's immigration file to the noncitizen (or the noncitizen's counsel) within seven days of a notice to appear for an immigration proceeding, and failure to provide the file shall result in a delay in the proceeding. DHS must provide access to counsel for all detained noncitizens. The bill authorizes HHS to enter into contacts or award grants for providing immigration-related legal services to children. The Office of Refugee Resettlement must develop model guidelines for representing noncitizen children in immigration proceedings.

Ending Passenger Rail Forced Arbitration Act This bill prohibits all pre-dispute arbitration agreements and pre-dispute joint-action waivers with respect to consumer and civil rights disputes between Amtrak and its customers.