Rep. Eric Swalwell

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant visa, unless there is a statutory basis for such discrimination. The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety. The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest. Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate. Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court. DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

Washington, D.C. Admission Act This bill provides for admission into the United States of the state of Washington, Douglass Commonwealth, composed of most of the territory of the District of Columbia. The commonwealth shall be admitted to the Union on an equal footing with the other states. The Mayor of the District of Columbia shall issue a proclamation for the first elections to Congress of two Senators and one Representative of the commonwealth. The bill applies current District laws to the commonwealth and continues pending judicial proceedings. The commonwealth (1) shall consist of all District territory, with specified exclusions for federal buildings and monuments, including the principal federal monuments, the White House, the Capitol Building, the U.S. Supreme Court Building, and the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building; and (2) may not impose taxes on federal property except as Congress permits. District territory excluded from the commonwealth shall be known as the Capital and shall be the seat of the federal government. The bill maintains the federal government's authority over military lands and specified other property. The bill provides for expedited consideration of a joint resolution repealing the Twenty-third Amendment to the Constitution, which provides for the appointment of electors of the President and Vice President. The bill continues certain federal authorities and responsibilities, including regarding employee benefits, agencies, courts, and college tuition assistance, until the commonwealth certifies that it is prepared to take over the authorities and responsibilities. The bill establishes the Statehood Transition Commission to advise the President, Congress, and District and commonwealth leaders on the transition.

College for All Act of 2021 This bill establishes measures to expand access to higher education, including by eliminating tuition and required fees for eligible students, revising the Federal Pell Grant program, and reauthorizing certain programs to assist students from disadvantaged backgrounds. Specifically, the bill provides funding to eliminate tuition and required fees for (1) all students at community colleges and two-year tribal colleges and universities; (2) working- and middle-class students at four-year public institutions of higher education (IHEs) and tribal colleges and universities; and (3) eligible students at private, nonprofit historically Black colleges and universities (HBCUs) and minority-serving institutions. The bill permanently reauthorizes and otherwise revises the Federal Pell Grant program by providing funding to increase the maximum award for each eligible student, increasing the duration limit for the use of Pell Grants, and allowing students to use their awards to cover living and non-tuition expenses. Next, the bill makes Dreamer students (i.e., students who have been granted Deferred Action for Childhood Arrivals status) who entered the United States before the age of 16 and who meet certain educational criteria eligible for federal financial aid. Further, the bill requires the Department of Education to award grants to underfunded IHEs, HBCUs, and minority-serving institutions for investing in support programs to improve student outcomes (e.g., graduation rates). The bill also reauthorizes through FY2031 the Federal TRIO Programs and reauthorizes through FY2025 the Gaining Early Awareness and Readiness for Undergraduate Programs.

Access to Contraception for Servicemembers and Dependents Act of 2021 This bill addresses Department of Defense (DOD) contraceptive care and family planning services. Specifically, the bill prohibits cost-sharing with respect to TRICARE beneficiaries for specified prescription contraceptives. Additionally, the bill prohibits cost-sharing for TRICARE Select and TRICARE Prime beneficiaries in relation to any in-network method of contraception or contraceptive care (including with respect to insertion, removal, and follow-up), any sterilization procedure, or any related patient education or counseling service. The bill requires DOD to provide information on all methods of emergency contraception and care to sexual assault survivors at its medical treatment facilities. Upon request by a sexual assault survivor, DOD must provide such emergency contraception or a prescription for emergency contraception. Finally, DOD must establish a uniform standard curriculum for education programs on family planning for all members of the Armed Forces. Such education programs must be provided to service members during their first year of service and at other appropriate times, as determined by each military department.

Secure and Fair Enforcement Banking Act of 2021 or the SAFE Banking Act of 2021 This bill generally prohibits a federal banking regulator from penalizing a depository institution for providing banking services to a legitimate cannabis-related business. Prohibited penalties include terminating or limiting the deposit insurance or share insurance of a depository institution solely because the institution provides financial services to a legitimate cannabis-related business and prohibiting or otherwise discouraging a depository institution from offering financial services to such a business. Additionally, proceeds from a transaction involving activities of a legitimate cannabis-related business are not considered proceeds from unlawful activity. Proceeds from unlawful activity are subject to anti-money laundering laws. Furthermore, a depository institution is not, under federal law, liable or subject to asset forfeiture for providing a loan or other financial services to a legitimate cannabis-related business. The bill also provides that a federal banking agency may not request or order a depository institution to terminate a customer account unless (1) the agency has a valid reason for doing so, and (2) that reason is not based solely on reputation risk. Valid reasons for terminating an account include threats to national security and involvement in terrorist financing, including state sponsorship of terrorism. Finally, the bill decreases the cap on the surplus funds of the Federal Reserve banks. (Amounts exceeding this cap are deposited in the general fund of the Treasury.)

Amputation Reduction and Compassion Act of 2021 or the ARC Act of 2021 This bill provides for coverage of peripheral artery disease screening tests without cost-sharing under Medicare, Medicaid, and private health insurance for certain at-risk individuals, and requires the development of certain educational programs and Medicare quality measures to reduce amputations relating to such disease.

Fire Fighters and EMS Employer-Employee Cooperation Act This bill requires the Federal Labor Relations Authority to determine whether a state substantially provides fire and emergency medical services (EMS) personnel the right to form and join a labor organization; recognition by fire and EMS employers of the employees' labor organization, agreement to bargain with the organization, and reduction of any agreements to writing in a contract or memorandum of understanding; the right to bargain over hours, wages, and terms and conditions of employment; and arbitration or other mechanisms to resolve an impasse in collective bargaining negotiations. The bill makes the authority responsible for (1) determining the appropriateness of units for labor representation; (2) supervising elections; (3) conducting hearings and resolving complaints of unfair labor practices; and (4) protecting the right of employees to form, join, or assist any labor organization, or to refrain from doing so. An employer, fire and EMS personnel, or labor organization may not engage in a lockout, sickout, work slowdown, strike, or any other organized job action that will measurably disrupt the delivery of emergency services and is designed to compel an employer, fire and EMS personnel, or labor organization to agree to the terms of a proposed contract.

Tax Fairness for Workers Act This bill allows an above-the-line tax deduction for union dues and expenses. (An above-the-line deduction is subtracted from gross income and is available whether or not a taxpayer itemizes other deductions.) The bill also reinstates the miscellaneous itemized tax deduction for unreimbursed expenses attributable to the performance of services as an employee (Under current law, all miscellaneous itemized deductions are suspended through 2025).

Affordable Housing Credit Improvement Act of 2021 This bill revises provisions of the low-income housing tax credit and renames it as the affordable housing credit . The bill increases the per capita dollar amount of the credit and its minimum ceiling amount beginning in 2021 and extends the inflation adjustment for such amounts. The bill modifies tenant income eligibility requirements and the average income formula for determining such income. It also revises rules for student occupancy of rental units and tenant voucher payments, and prohibits any refusal to rent to victims of domestic abuse. The bill further modifies the credit to increase state allocations of the credit; repeal the qualified census tract population cap; prohibit local approval and contribution requirements; increase the credit for certain projects designated to serve extremely low-income households; increase the credit for certain bond-financed projects designated by state agencies; eliminate the basis reduction for properties that receive certain energy-related tax benefits; and increase the population cap for difficult development areas (i.e., areas with high construction, land, and utility costs relative to area median gross income). The bill also includes Indian and rural areas as difficult development areas and modifies other requirements relating to casualty losses, acquisition credits, and foreclosures.

Comprehensive Care for Alzheimer's Act This bill allows the Center for Medicare and Medicaid Innovation (CMMI) to test a Dementia Care Management Model that provides comprehensive care to Medicare beneficiaries with Alzheimer's disease or a related dementia. Under the model, participating health care providers receive payment under Medicare for comprehensive care management services that are provided to individuals with diagnosed dementia, excluding Medicare Advantage enrollees, hospice care recipients, and nursing home residents. Required services include medication management, care coordination, and health, financial, and environmental monitoring, as well as trainings and other support services for unpaid caregivers. Providers must furnish services through interdisciplinary teams and must ensure access to a team member or primary care provider 24-7. The CMMI must set payments and determine quality measures for the model in accordance with specified requirements. The bill also allows the CMMI to design a similar model under Medicaid.