Sen. Richard J. Durbin

Protecting America's First Responders Act of 2021 This bill makes changes to the Public Safety Officers' Benefits (PSOB) program. The PSOB program provides death, disability, and education benefits to public safety officers and survivors of public safety officers who are killed in the line of duty or permanently disabled as a result of catastrophic injuries sustained in the line of duty. Among the changes, the bill expands the public safety officers eligible for coverage under the PSOB program to include firefighters whose primary duty during an emergency response is to secure the scene or manage traffic and cadets or trainees in candidate-officer training; extends coverage under the PSOB program to certain public safety officers responding outside their jurisdiction; increases the interim benefit amount payable on a claim for death benefits and requires the interim amount to be adjusted annually for inflation; increases the benefit amount payable on a death or disability claim that has been pending for more than 365 days on the date of the final determination; allows the Department of Justice (DOJ) to use investigative tools, including subpoenas, to expedite the processing of claims and obtain information or documentation from third parties (e.g., public agencies); specifies that an injury resulting from a neurocognitive disorder qualifies as a catastrophic injury for the purposes of disability benefits; requires (currently, authorizes) DOJ to provide retroactive education benefits to qualifying children and spouses; specifies that hearing officers appointed to review claims are special government employees (i.e., employees who perform temporary duties for a limited period of time) and are authorized to conduct examinations; allows responders to the World Trade Center or their surviving family members to file claims for death or disability benefits in certain circumstances; and extends the period during which public safety officers who die or become injured as a result of COVID-19 are eligible for benefits.

Confidentiality Opportunities for Peer Support Counseling Act or the COPS Counseling Act This bill sets forth requirements related to peer support counseling programs. A peer support counseling program is a program provided by a law enforcement agency that provides counseling services from a peer support specialist to a law enforcement officer of the agency. Among other things, the bill does the following: generally prohibits the disclosure of the contents of a peer support communication, and requires the Department of Justice to develop best practices and professional standards for peer support counseling programs.

Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act This bill explicitly grants extraterritorial jurisdiction over the following criminal offenses: killing (or attempting to kill) a federal officer or employee; assaulting, kidnapping, or murdering (or threatening to do so, or attempting to kidnap or murder) a family member of certain federal officials to retaliate against or to impede, intimidate, or interfere with the federal official; threatening to assault, kidnap, or murder certain federal officials to retaliate against or to impede, intimidate, or interfere with the federal official; and assaulting, resisting, or impeding certain officers or employees. The United States may prosecute such conduct that occurs outside the United States.

Original Slavery Remembrance Day Resolution This joint resolution designates a Slavery Remembrance Day annually on August 20 and condemns slavery and its progenies.

Cattle Price Discovery and Transparency Act of 2021 This bill requires the Department of Agriculture (USDA) to take various actions to address transparency in pricing and contract terms in the cattle industry. Among these requirements, USDA must (1) establish regional minimum percentages of cattle that meat packers must procure through negotiated purchases or negotiated grid purchases (i.e., transactions where the price is known and negotiated at the time of the transaction), and (2) maintain a publicly available catalog of contracts offered by meat packers to livestock producers for the purchase of fed cattle.

Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act or the BE HEARD in the Workplace Act This bill expands protections against discrimination and harassment in the workplace and raises the minimum wage for tipped employees. Specifically, the bill (1) makes it an unlawful employment practice to discriminate against an individual in the workplace based on sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, or a sex stereotype; and (2) provides a statutory definition for what constitutes workplace harassment. Further, these protections apply to all workplaces, regardless of size, and to all workers, including independent contractors, interns, volunteers, and trainees. The bill prohibits employers from entering into contracts or agreements with workers that contain certain nondisparagement or nondisclosure clauses and prohibits certain predispute arbitration agreements and postdispute agreements. It also establishes grant programs to (1) prevent and respond to workplace discrimination and harassment, (2) provide legal assistance for low-income workers, and (3) establish a system of legal advocacy in states to protect the rights of workers. The bill further provides employees the right to retain their tips and it increases, in specified annual increments, the minimum wage for tipped employees to match the federal minimum wage for nontipped employees. Additionally, the bill requires the Equal Employment Opportunity Commission to provide specified training and resource materials, establish and convene a harassment prevention task force, and establish an Office of Education and Outreach with regard to prohibited discrimination and harassment in employment. The bill also requires specified studies, reports, and research on prohibited workplace harassment.

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 This bill invalidates arbitration agreements that preclude a party from filing a lawsuit in court involving sexual assault or sexual harassment, at the election of the party alleging such conduct.

Maddy summarySRES 451 is a commemorative Senate resolution honoring the late Senator Max Cleland (D-GA), who died November 9, 2021. The resolution recognizes his service as a Vietnam War veteran (losing both legs and an arm in combat), his 50+ years of public service including roles as Georgia State Senator, Secretary of State, U.S. Senator, and Administrator of the Veterans Administration, and his advocacy for veterans. It formally expresses the Senate’s "profound sorrow" and "deep regret" over his death, commemorates his legacy of service to Georgia and veterans, and requests the Secretary of the Senate transmit the resolution to his family. This is a ceremonial resolution with no policy changes or legal effect.

IDEA Full Funding Act This bill provides permanent, mandatory funding for the grant program that assists states and outlying areas in providing special education and related services to children with disabilities.

False Claims Amendments Act of 2021 This bill revises procedures under the False Claims Act (FCA), a law that rewards whistleblowers (known as relators) who bring claims on behalf of the government by allowing them to share in the recovery in cases where the government recovers funds lost to fraud. To be recoverable under the FCA, a fraud must meet, among other conditions, standards for materiality. In determining materiality, the decision of the government to forego a refund or to pay a claim despite actual knowledge of fraud or falsity shall not be considered dispositive if other reasons exist for that decision with respect to such refund or payment. In dismissing an action over the objections of the relator, the government must identify a valid government purpose and a rational relation between dismissal and accomplishment of the purpose. The relator must have the opportunity to show that the dismissal is fraudulent, arbitrary and capricious, or contrary to law. The bill extends relief from retaliatory actions to former employees. The Government Accountability Office must report on the effectiveness of the FCA.