Rep. Eric Swalwell

No Guns for Abusers Act of 2021 This bill authorizes the Department of Justice (DOJ) to make grants for states, local governments, and tribal governments to implement procedures to remove firearms from individuals who are charged with or convicted of domestic violence or subject to a domestic violence protective order. The National Institute of Justice must report on best practices for implementing such procedures, and DOJ must submit federal legislative recommendations in accordance with the best practices.

Mental Health Justice Act of 2021 This bill creates a grant program for states and local governments to train and dispatch mental health professionals to respond, instead of law enforcement officers, to emergencies that involve people with behavioral health needs. The Substance Abuse and Mental Health Services Administration (SAMHSA) must manage the program in consultation with the Department of Justice (DOJ). SAMHSA may cancel grants that increase incarceration or institutionalization. Grantees must use funds for purposes including de-escalation and anti-racism training. The Department of Health and Human Services and the DOJ must evaluate this program.

Do No Harm Act This bill prohibits the application of the Religious Freedom Restoration Act of 1993 (RFRA) to specified federal laws or the implementation of such laws. Currently, RFRA prohibits the government from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except in furtherance of a compelling governmental interest when using the least restrictive means. Under the bill, RFRA is inapplicable to laws or the implementation of laws that protect against discrimination or the promotion of equal opportunity (e.g., the Civil Rights Act of 1964); require employers to provide wages, other compensation, or benefits, including leave; protect collective activity in the workplace; protect against child labor, abuse, or exploitation; or provide for access to, information about, referrals for, provision of, or coverage for, any health care item or service. The bill prevents RFRA from being used to deny (1) goods or services the government has contracted, granted, or made an agreement to provide to a beneficiary of or participant in a program or activity funded by such government contract, grant, agreement, or other award; or (2) a person's full and equal enjoyment of a government-provided good, service, benefit, facility, privilege, advantage, or accommodation. In order for a person to assert a RFRA claim or defense in a judicial proceeding, the government must be a party to the proceeding.

Protect the Youth Vote Act of 2021 This bill outlines specific practices that violate the Twenty-Sixth Amendment to the Constitution, identifies actions that are voting offenses, and provides for the enforcement of the amendment. The Twenty-Sixth Amendment sets the voting age at 18 and prohibits states or the federal government from denying or restricting the right to vote based on age. First, the bill specifies those actions by a state or political subdivision that qualify as a violation of the right to vote based on age, including laws that reduce or restrict the ability of students who attend an institution of higher education and reside in the jurisdiction of the institution to register to vote in that jurisdiction. It also provides for (1) criminal penalties for such violations, and (2) preventive relief such as an injunction or a restraining order. Next, the bill allows for the appointment of federal observers to enforce voting rights related to age. The Department of Justice may monitor and enforce such voting rights whenever federal observers are appointed. Further, the bill specifies other actions that are voting offenses. It also establishes criminal penalties for certain voting offenses, including those related to duplicative voting and the deprivation of voting rights. The bill also sets forth requirements for a state or political subdivision to notify the public about changes with respect to the voting procedures for federal elections.

Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021 or the DISCLOSE Act of 2021 This bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosures of campaign expenditures, and requiring additional disclosures regarding certain political advertisements. First, the bill prohibits foreign nationals from participating in the decision-making process regarding an election expenditure. Additionally, the bill expands existing foreign money prohibitions to include disbursements for paid web-based or digital communications and federal judicial nomination communications. It also prohibits foreign nationals from contributing to campaigns related to ballot initiatives and referenda. The Federal Election Commission (FEC) must conduct an audit after each federal election cycle to determine the incidence of illicit foreign money. Next, the bill makes it unlawful to establish or use a corporation, company, or other entity with the intent to conceal an election contribution or donation by a foreign national. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. Covered organizations (e.g., corporations, labor organizations, and political organizations) must, within 24 hours, file reports with the FEC to disclose campaign expenditures of more than $10,000 during an election cycle. Finally, the bill requires organizations to provide additional disclosures regarding political advertisements, including the donors who contributed the most money to that organization in the last year.

Eric Garner Excessive Use of Force Prevention Act of 2021 This bill modifies the criminal civil rights statute that prohibits the deprivation of rights under color of law. Currently, the second prong of the prohibition bars the application of different punishments, pains, or penalties based on an individual's alien status, color, or race. This bill specifies that the application of any pressure to a person's throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air (e.g., a chokehold) constitute a punishment, pain, or penalty.

Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2021 or the REPEAL HIV Discrimination Act of 2021 This bill concerns the burdens that federal and state laws, policies, and regulations may place upon people living with human immunodeficiency virus (HIV). The bill directs the Department of Justice (DOJ), the Department of Health and Human Services (HHS), and the Department of Defense (DOD) to initiate a national review of federal (including military) and state laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV. DOJ must transmit to Congress and make publicly available the results of such review with related recommendations. DOJ and HHS must (1) develop and publicly release guidance and best practice recommendations for states, and (2) establish an integrated monitoring and evaluation system to measure state progress. DOJ, HHS, and DOD must transmit to the President and Congress any proposals necessary to implement adjustments to federal laws, policies, or regulations. This bill shall not be construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual.

Prevent Corrupting Foreign Influence Act This bill establishes new statutory restrictions on the receipt or acceptance of foreign gifts or things of value by the President, Vice President, or their immediate family members. First, the bill creates a new criminal offense to generally prohibit the President, Vice President, an immediate family member of the President or Vice President, or an entity in which any of these individuals has at least a 50% ownership interest from accepting or receiving anything of value from a foreign state or entity. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. Second, the bill broadens the application of existing foreign gift restrictions on federal employees. Current law generally prohibits federal employees (including the President and Vice President) from receiving or soliciting foreign gifts. This bill further extends the restrictions to cover immediate family members of the President or Vice President. An immediate family member is a parent, parent-in-law, child, or sibling.

EAGLES Act of 2021 This bill reauthorizes the National Threat Assessment Center (NTAC) within the U.S. Secret Service. It reauthorizes the functions of NTAC through FY2025 and expands them to include the establishment of a national program on targeted school violence prevention.

Enhancing Protections for Whistleblower Anonymity Act This bill establishes a new criminal offense related to the disclosure of a whistle-blower's identity. Specifically, the bill prohibits a federal employee or contractor from disclosing the identity of a whistle-blower or identifying information about a whistle-blower. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both. Additionally, the bill authorizes a whistle-blower to file a civil suit against a federal employee or contractor who discloses or threatens to disclose the whistle-blower's identify. The bill includes exceptions for disclosures that are made to other government employees and permitted under current law.