Sen. Richard J. Durbin

This bill extends through October 18, 2021, the order issued by the Centers for Disease Control and Prevention (CDC) titled Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 and published on September 4, 2020. The bill also permits the CDC to further extend the order as it determines necessary.

This resolution expresses the condolences of the Senate regarding the death of the Honorable Mike Enzi, former Senator for Wyoming.

Local Infrastructure Funding & Technical Assistance Act or the LIFT Act This bill authorizes the Department of Commerce to provide grants under the Public Works and Economic Development Act of 1965 for predevelopment projects—measures required to be completed before construction of resilient climate infrastructure occurs—and related technical assistance. Grants may be provided to economic development districts, states, Indian tribes, local governments, institutions of higher education, individuals, and other organizations as specified by the bill.

Judiciary Accountability Act of 2021 This bill applies certain civil rights and employee protection laws to judicial branch employees. Specifically, the bill applies to judicial branch employees laws that prohibit discrimination based on race, color, religion, sex (including sexual orientation or gender identity), national origin, age, or disability. Further, the bill prohibits retaliation against whistleblowers within the judicial branch. Additionally, the bill establishes (1) the Commission on Judicial Integrity to oversee a program to prevent workplace misconduct; (2) the Office of Judicial Integrity to oversee confidential reporting systems regarding workplace misconduct, training programs on workplace behavior and bystander intervention, and other reporting initiatives regarding employee metrics and demographics; (3) the Special Counsel for Equal Employment Opportunity to investigate alleged workplace misconduct and complaints; and (4) the Office of Employee Advocacy to provide legal assistance, representation, and consultation to judicial employees. Finally, the bill establishes workplace discrimination, harassment, and retaliation as judicial misconduct.

Domestic Workers Bill of Rights Act This bill provides rights and protections for domestic workers (e.g., housekeepers, nannies, caretakers, personal assistants, and chauffeurs), including pay and leave rights, and health and safety protections. Specifically, the bill repeals the exemption of domestic live-in employees from certain minimum wage and maximum hour requirements. Employers must provide written notice of termination and provide at least 30 days of lodging and two weeks of severance pay to terminated live-in employees. Live-in employees also must be provided with reasonable access to telephone and internet service during their employment. The bill requires employers to provide domestic workers with a written agreement covering wages, sick leave, benefits, and other matters. Further, domestic workers may request and be granted changes to work schedules due to personal events. The bill also provides domestic workers with certain privacy rights, extends to domestic workers protections against discrimination in employment, and increases the federal medical assistance percentage (FMAP) for certain Medicaid-funded medical services provided by domestic workers. The Department of Labor must (1) award grants for a domestic worker national hotline for reporting emergencies, training on hazards facing domestic workers, and workforce investment activities for domestic workers; and (2) establish a Domestic Worker Wage and Standards Board to investigate standards in the domestic workers industry. Labor must publish online a document that describes the rights and protections for domestic workers under this bill.

Congressional Whistleblower Protection Act of 2021 This bill creates certain administrative and judicial remedies for federal employees whose right to provide information to Congress is interfered with or denied. Under current law, federal employees have the right to petition or furnish information to Congress or to individual Members of Congress, and this right may not be interfered with or denied. The bill explicitly allows employees who are aggrieved by a violation of this right to seek administrative remedies that are currently available to whistleblowers who are fired or experience other forms of retaliation. The bill also establishes a private right of action for aggrieved employees, including the option of a jury trial, if an administrative remedy is not issued within 210 days of a complaint being made. The bill applies to employees and contractors of the executive, legislative, and judicial branches of government, including members of the intelligence community.

Affordable Prescriptions for Patients Act of 2021 This bill prohibits product hopping by drug manufacturers, authorizes the Federal Trade Commission to enforce this prohibition, and imposes limits on patent litigation involving biological products. Generally, product-hopping describes a situation where, when the patents on a reference drug (or biological product) expire, the manufacturer switches to a follow-on product that is covered by a later-expiring patent. Under this bill, a follow-on product is a modified version of the reference drug that shares an indication (what the drug is used for) with the reference drug. The bill presumes product hopping has occurred when a reference drug manufacturer, after receiving notice that the Food and Drug Administration (FDA) has received an application to market a competing generic (or biosimilar) version, takes certain actions such as withdrawing the reference drug from the market and selling a follow-on product. A drug manufacturer may rebut these presumptions by demonstrating that its conduct was not intended to limit competition. The bill also limits in certain instances the number of patents that a reference biological product manufacturer can assert in a patent infringement lawsuit against a company seeking to sell a biosimilar version. Specifically, if the biosimilar manufacturer completes certain actions as part of an abbreviated pathway to get FDA market approval, the bill limits, subject to exceptions and waivers, the number of certain types of patents that the reference product manufacturer may assert, such as patents filed more than four years after the reference product received market approval.

Supreme Court Ethics Act This bill establishes a new statutory requirement for the Judicial Conference of the United States to issue a judicial code of conduct for judges and justices of U.S. courts, including Justices of the Supreme Court. Currently, the Judicial Conference issues a code of conduct for judges of U.S. courts (but not for Justices of the Supreme Court).

Nondebtor Release Prohibition Act of 2021 This bill addresses the release by bankruptcy courts of creditor or other third-party claims against non-debtors. Complex bankruptcies may involve third-party claims against non-debtors associated with the debtor, such as the debtor's officers, directors, or employees. Currently, in carrying out a bankruptcy plan, bankruptcy courts may release non-debtors from liability (there is a split in the judicial circuits regarding this practice). The bill generally prohibits a bankruptcy court from (1) releasing or modifying a non-debtor's liability through the approval of a bankruptcy plan or through an order, or (2) enjoining a judicial proceeding or other act to collect or otherwise enforce such a claim or cause of action against a non-debtor. However, the bill provides for the release of such liability if express consent is given by the third party. The bill also generally limits an order or decree to temporarily enjoin a proceeding against a non-debtor to 90 days. Additionally, the bill gives appellate jurisdiction to the appropriate U.S. court of appeals regarding an order or decree to temporarily enjoin or stay a proceeding against a non-debtor in a Chapter 11 reorganization bankruptcy case. Currently, U.S. district courts have appellate jurisdiction for these matters. Upon request of an interested party, and after notice and a hearing, the court shall dismiss a Chapter 11 reorganization bankruptcy case if the debtor was involved in certain restructuring activity that (1) had the intent or foreseeable effect of separating a debtor's assets from a debtor's liabilities and the debtor assuming or retaining such liabilities, and (2) occurred in the 10-year period prior to the filing of the bankruptcy petition.

Improving Housing Outcomes for Veterans Act of 2021 This bill requires the Veterans Health Administration (VHA) to provide medical center staff and homelessness service providers of the Department of Veterans Affairs (VA) with information related to best practices for the collaboration on centralized or coordinated assessment systems established and operated by Continuums of Care. The VA must also ensure that the information and related resources are accessible to VA medical center staff and homelessness service providers. Additionally, the bill requires the VHA to communicate with VA employees who have responsibilities related to homelessness assistance programs regarding (1) the measurement of performance by the VA's Homeless Program Office, and (2) how to obtain and provide feedback about the performance measures.