Rep. Eric Swalwell

Better Care Better Jobs Act This bill establishes programs and provides funds for state Medicaid programs to improve home- and community-based services (HCBS), such as home health care, personal care, case management, and rehabilitative services. Specifically, the bill provides funds for the Centers for Medicare & Medicaid Services to award planning grants, develop quality measures, and provide technical assistance to states regarding specified HCBS improvements, particularly with respect to access, utilization, and the associated workforce. The bill also increases the Federal Medical Assistance Percentage (i.e., federal matching rate) for HCBS in states that develop plans and meet specified benchmarks for improvements. The bill also makes permanent (1) the Money Follows the Person Rebalancing Demonstration Program (a grant program to help states increase the use of HCBS for long-term care and decrease the use of institutional care), and (2) certain provisions regarding Medicaid eligibility that protect against spousal impoverishment for recipients of HCBS.

Expanding Health Care Options for Early Retirees Act This bill establishes a Medicare buy-in option for certain qualifying first responders. Specifically, the bill allows first responders aged 50 to 64 to enroll in Medicare if they are retired or otherwise separated from service due to a disability. The Centers for Medicare & Medicaid Services (CMS) must determine enrollment periods and set premiums for the buy-in option established under the bill, in accordance with specified requirements. The CMS must also award grants to states and nonprofit organizations for outreach and enrollment activities relating to the buy-in option.

Advancing FASD Research, Services, and Prevention Act or the FASD Respect Act This bill expands and establishes programs for fetal alcohol spectrum disorders (FASD). Specifically, it directs the Department of Health and Human Services, the National Institutes of Health, the National Center on Birth Defects and Developmental Disabilities, and the Health Resources and Services Administration to carry out and coordinate research, surveillance, and related activities to diagnose, prevent, and treat FASD. Furthermore, the bill establishes various grant programs to support FASD coalitions and develop systems of care; provide services for individuals affected by FASD and other conditions related to prenatal substance exposure; identify and implement best practices for educating children with FASD; and establish centers for excellence to build relevant capacity for preventing, treating, and responding to the needs of individuals with FASD. The bill also directs the Department of Education and the Department of Justice to develop and disseminate trainings and best practices related to FASD in schools and correctional facilities, respectively.

Therapeutic Fraud Prevention Act of 20 21 This bill prohibits commercial conversion therapy, which is a practice or treatment designed to change a person's sexual orientation or gender identity or otherwise change behaviors, thoughts, or expressions related to gender or sexual attraction. This prohibition does not apply to treatment that assists an individual undergoing a gender transition or facilitates identity exploration and development.

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.

Newborn Screening Saves Lives Reauthorization Act of 2021 This bill reauthorizes through FY2026 and revises several programs and activities relating to newborn screening for certain conditions and genetic, endocrine, and metabolic diseases. Among its changes, the bill reauthorizes and makes mandatory the Hunter Kelly Research Program at the National Institutes of Health, and national surveillance activities conducted by the Centers for Disease Control and Prevention. The bill also aligns statutory requirements for research on non-identified newborn blood spots with federal regulations governing research on human subjects. These blood spots are collected as part of newborn screening programs, and some states make them available for biomedical and public health research. Under current regulations, research on non-identified bio-specimens such as blood spots is not considered to be research on human subjects, to which additional protections apply.

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.

Water Quality Protection and Job Creation Act of 2021 This bill addresses water infrastructure and the discharge of pollution (e.g., wastewater or stormwater) into waters of the United States, including by reauthorizing through FY2026 and revising the Clean Water State Revolving Fund (SRF) program. The clean water SRF program provides communities low-cost financing for water quality infrastructure projects.

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.