Sen. Patrick J. Leahy

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.

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.

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.

Protection of Social Security Benefits Restoration Act This bill prohibits the application of, and repeals authority for, administrative offsets to Social Security, railroad retirement, and black lung benefits. (An administrative offset is the withholding of funds payable by or held by the United States to satisfy a debt.)

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.

Jamal Khashoggi Human Rights Act This bill imposes sanctions on individuals involved in the killing of journalist Jamal Khashoggi, establishes requirements for arms transfers to Saudi Arabia, and addresses other related issues. The bill imposes sanctions on persons named in an Office of the Director of National Intelligence report assessing the role of Saudi Arabia's government in Khashoggi's killing. The President may waive the sanctions for national security interests on a case-by-case basis upon providing certain information and certifications to Congress. Such a waiver may last for up to 90 days and may be renewed. If the President determines that Saudi Arabia's government has engaged in a pattern of intimidation and harassment against U.S. persons or their family members, the President must suspend the provision of certain defense-related assistance until the pattern has ceased. The Department of State must provide certain information to Congress before concluding a sale or authorizing the export or transfer of controlled defense articles (or defense services) to Saudi Arabia, including a certification that Saudi Arabia's government has provided a written commitment to not use such articles to violate human rights. The U.S. government may not provide or authorize the export of services for military, paramilitary, security, or intelligence-gathering activities to Saudi Arabia, with certain exceptions. The State Department may annually present the Jamal Khashoggi Press Freedom Award to recognize extraordinary efforts in journalism in the face of harassment, detention, or obstruction by foreign governments or non-state actors.

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.

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.