Bipartisan Safer Communities Act 2022

In the Senate of the United States,
June 23, 2022.
Resolved, That the Senate agree to the amendment of
the House of Representatives to the bill (S. 2938) entitled
‘‘An Act to designate the United States Courthouse and Federal Building located at 111 North Adams Street in Tallahassee, Florida, as the ‘Joseph Woodrow Hatchett United States
Courthouse and Federal Building’, and for other purposes.’’,
with the following

SENATE AMENDMENTS TO HOUSE AMENDMENT:
In lieu of the matter proposed to be inserted, insert
the following:
1
2
3

SECTION 1. JOSEPH WOODROW HATCHETT UNITED STATES
COURTHOUSE AND FEDERAL BUILDING.

(a) DESIGNATION.—The United States Courthouse and

4 Federal Building located at 111 North Adams Street in
5 Tallahassee, Florida, shall be known and designated as the
6 ‘‘Joseph Woodrow Hatchett United States Courthouse and
7 Federal Building’’.

2
1

(b) REFERENCES.—Any reference in a law, map, regu-

2 lation, document, paper, or other record of the United
3 States to the United States Courthouse and Federal Build4 ing referred to in subsection (a) shall be deemed to be a
5 reference to the ‘‘Joseph Woodrow Hatchett United States
6 Courthouse and Federal Building’’.
7
8

SEC. 2. LYNN C. WOOLSEY POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States

9 Postal Service located at 120 4th Street in Petaluma, Cali10 fornia, shall be known and designated as the ‘‘Lynn C.
11 Woolsey Post Office Building’’.
12

(b) REFERENCES.—Any reference in a law, map, regu-

13 lation, document, paper, or other record of the United
14 States to the facility referred to in subsection (a) shall be
15 deemed to be a reference to the ‘‘Lynn C. Woolsey Post Office
16 Building’’.
17
18

SEC. 3. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Bi-

19 partisan Safer Communities Act’’.
20

(b) TABLE

OF

CONTENTS.—The table of contents for

21 this Act is as follows:
Sec. 1. Joseph Woodrow Hatchett United States Courthouse and Federal Building.
Sec. 2. Lynn C. Woolsey Post Office Building.
Sec. 3. Short title; table of contents.

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DIVISION A—MENTAL HEALTH AND FIREARMS PROVISIONS
TITLE I—CHILDREN AND FAMILY MENTAL HEALTH SERVICES
Sec. 11001. Expansion of community mental health services demonstration program.
Sec. 11002. Medicaid and telehealth.
Sec. 11003. Supporting access to health care services in schools.
Sec. 11004. Review of State implementation of early and periodic screening, diagnostic, and treatment services.
Sec. 11005. Pediatric mental health care access grants.
TITLE II—FIREARMS
Sec. 12001. Juvenile records.
Sec. 12002. Defining ‘‘engaged in the business’’.
Sec. 12003. Use of Byrne grants for implementation of State crisis intervention
programs.
Sec. 12004. Stop Illegal Trafficking in Firearms Act.
Sec. 12005. Misdemeanor crime of domestic violence.
TITLE III—OTHER MATTERS
Subtitle A—Extension of Moratorium
Sec. 13101. Extension of moratorium on implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates.
Subtitle B—Medicare Improvement Fund
Sec. 13201. Medicare Improvement Fund.
Subtitle C—Luke and Alex School Safety Act of 2022
Sec.
Sec.
Sec.
Sec.
Sec.

13301.
13302.
13303.
13304.
13305.

Short title.
Federal Clearinghouse on School Safety Evidence-based Practices.
Notification of clearinghouse.
Grant program review.
Rules of construction.
Subtitle D—Amendment on ESEA Funding

Sec. 13401. Amendment on ESEA funding.

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DIVISION B—APPROPRIATIONS

4

DIVISION A—MENTAL HEALTH
AND FIREARMS PROVISIONS
TITLE I—CHILDREN AND FAMILY
MENTAL HEALTH SERVICES

5

SEC. 11001. EXPANSION OF COMMUNITY MENTAL HEALTH

1
2
3

6
7

SERVICES DEMONSTRATION PROGRAM.

Section 223 of the Protecting Access to Medicare Act

8 of 2014 (42 U.S.C. 1396a note) is amended—
9
10
11

(1) in subsection (c), by adding at the end the
following new paragraph:
‘‘(3)

ADDITIONAL

PLANNING

GRANTS

FOR

12

STATES.—In

13

ed under paragraph (1), as soon as practicable after

14

the date of enactment of this paragraph, the Secretary

15

shall award planning grants to States (other than

16

States selected to conduct demonstration programs

17

under paragraph (1) or (8) of subsection (d)) to de-

18

velop proposals to participate in time-limited dem-

19

onstration programs described in subsection (d) so

20

that, beginning July 1, 2024, and every 2 years there-

21

after, up to 10 additional States may participate in

22

the demonstration programs described in subsection

23

(d) in accordance with paragraph (9) of that sub-

24

section.’’;

25

addition to the planning grants award-

(2) in subsection (d)—
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1

(A) in paragraph (3)—

2

(i) by striking ‘‘September 30, 2023’’

3

and inserting ‘‘September 30, 2025’’; and

4

(ii) by striking ‘‘Subject to paragraph

5

(8)’’ and inserting ‘‘Subject to paragraphs

6

(8) and (9)’’;

7

(B) in paragraph (5)—

8

(i) in subparagraph (B), in the matter

9

preceding clause (i), by striking ‘‘that is

10

furnished’’ and inserting ‘‘that is furnished

11

by a State participating in an ongoing

12

demonstration program under this sub-

13

section’’;

14

(ii) in subparagraph (C)(iii)—

15

(I) in subclause (I), by striking

16

‘‘September 30, 2023; and’’ and insert-

17

ing ‘‘September 30, 2025;’’;

18

(II) in subclause (II), by striking

19

‘‘under paragraph (8)’’ and all that

20

follows through the period and insert-

21

ing ‘‘under paragraph (8), during the

22

first 24 fiscal quarter period (or any

23

portion of such period) that the State

24

participates in the demonstration pro-

25

gram; and’’; and

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1

(III) by adding at the end the fol-

2

lowing new subclause:

3

‘‘(III) in the case of a State se-

4

lected to participate in the demonstra-

5

tion program under paragraph (9),

6

during the first 16 fiscal quarter pe-

7

riod (or any portion of such period)

8

that the State participates in the dem-

9

onstration program.’’; and

10

(iii) by adding at the end the fol-

11

lowing:

12

‘‘(D) RULE

OF CONSTRUCTION.—Nothing

in

13

this section shall be construed as prohibiting a

14

State that participated in a demonstration pro-

15

gram under this subsection that has ended from

16

receiving Federal financial participation under

17

title XIX of the Social Security Act for amounts

18

expended by the State under a State plan under

19

such title (or a waiver of such plan) for pro-

20

viding medical assistance for items and services,

21

and carrying out activities, including continuing

22

to pay for services under the prospective pay-

23

ment system established under subsection (c),

24

that were provided or carried out by the State

25

under the demonstration program, to the extent

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1

such financial participation is otherwise avail-

2

able under such title.’’;

3

(C) in paragraph (7)—

4

(i) in subparagraph (A), by inserting

5

‘‘through the year in which the last dem-

6

onstration under this section ends’’ after

7

‘‘annually thereafter’’;

8

(ii) in subparagraph (B)—

9

(I) by striking ‘‘December 31,

10

2021’’ and inserting ‘‘September 30,

11

2025’’; and

12

(II) by adding at the end the fol-

13

lowing

14

ommendations shall include data col-

15

lected after 2019, where feasible.’’; and

16

(iii) by adding at the end the following

new

17

new subparagraph:

18

‘‘(C) FINAL

sentence:

‘‘Such

EVALUATION.—Not

rec-

later than

19

24 months after all demonstration programs

20

under this section have ended, the Secretary shall

21

submit to Congress a final evaluation of such

22

programs.’’;

23

(D) in paragraph (8)(A), by striking ‘‘2

24

years’’ and all that follows through the period

25

and inserting ‘‘6 years.’’; and

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1

(E) by adding at the end the following new

2

paragraph:

3

‘‘(9) FURTHER

4

‘‘(A) IN

ADDITIONAL PROGRAMS.—
GENERAL.—In

addition to the

5

States selected under paragraphs (1) and (8), the

6

Secretary shall select any State that meets the

7

requirements described in subparagraph (B) to

8

conduct a demonstration program that meets the

9

requirements of this subsection for 4 years.

10

‘‘(B) REQUIREMENTS.—The requirements

11

described in this subparagraph with respect to a

12

State are that the State—

13

‘‘(i) was awarded a planning grant

14

under paragraph (1) or (3) of subsection

15

(c); and

16

‘‘(ii) submits an application (in addi-

17

tion to any application that the State may

18

have previously submitted under this sec-

19

tion) that includes the information de-

20

scribed in paragraph (2)(B).

21

‘‘(C)

22

STATES.—The

23

selected under paragraph (8) pursuant to sub-

24

paragraph (C) of such paragraph shall apply in

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REQUIREMENTS

FOR

SELECTED

requirements applicable to States

9
1

the same manner to States selected under this

2

paragraph.

3

‘‘(D) LIMITATION.—The Secretary shall not

4

select more than 10 States to conduct a dem-

5

onstration program under this paragraph for

6

each 2 fiscal year period.’’; and

7

(3) in subsection (f)(1)—

8
9

(A) in subparagraph (A), by striking ‘‘and’’
after the semicolon;

10
11

(B) in subparagraph (B), by striking the
period and inserting ‘‘; and’’; and

12

(C) by adding at the end the following:

13

‘‘(C) for purposes of awarding planning

14

grants under subsection (c)(3), providing tech-

15

nical assistance to States applying for grants

16

under such subsection, and carrying out dem-

17

onstration

18

$40,000,000 for fiscal year 2023, to remain

19

available until expended.’’.

20
21

programs

under

subsection

(d),

SEC. 11002. MEDICAID AND TELEHEALTH.

(a) GUIDANCE

TO

STATES

ON

FURNISHING SERVICES

22 THROUGH TELEHEALTH UNDER MEDICAID

AND

CHIP.—

23 Not later than 18 months after the date of enactment of
24 this Act, the Secretary shall provide technical assistance
25 and issue guidance to States on improving access to tele-

† S 2938 EAS

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1 health for services covered under Medicaid and CHIP, in2 cluding with respect to:
3

(1) How States can adopt flexibilities under

4

Medicaid and CHIP to expand access to covered serv-

5

ices via telehealth, including when States may adopt

6

such flexibilities without the need for approval of a

7

State plan amendment or waiver.

8

(2) Best practices regarding billing for services,

9

including recommended voluntary billing codes, modi-

10

fiers, and place of service designations and how such

11

billing codes, modifiers, and designations can be used

12

to create consistent data sets.

13
14

(3) Strategies for integrating telehealth services
into value-based care models.

15

(4) Best practices from States that have used

16

Medicaid waivers and other Medicaid authorities to

17

expand access to telehealth, including during the

18

COVID–19 public health emergency declared by the

19

Secretary pursuant to section 319 of the Public

20

Health Service Act on January 31, 2020, entitled

21

‘‘Determination that a Public Health Emergency Ex-

22

ists Nationwide as the Result of the 2019 Novel

23

Coronavirus’’, including any renewal of such declara-

24

tion.

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1

(5) Strategies to promote the delivery of acces-

2

sible and culturally competent care via telehealth, in-

3

cluding addressing the needs of individuals with dis-

4

abilities, medically underserved urban and rural com-

5

munities, racial and ethnic minorities such as Amer-

6

ican Indians and Alaska Natives, individuals with

7

limited English proficiency, and individuals of dif-

8

ferent age groups including children, young adults,

9

and seniors;

10

(6) Strategies for training and providing re-

11

sources to providers and patients on the use of tele-

12

health, including working with interpreters to furnish

13

health services and providing resources in multiple

14

languages.

15
16

(7) Integrating the use of existing video platforms that enable multi-person video calls.

17

(8) Best practices to support the delivery of cov-

18

ered services under Medicaid and CHIP via telehealth

19

in schools, including specifically for the provision of

20

mental health and substance use disorder services in

21

such settings.

22

(9) Strategies for evaluating how the delivery of

23

health services via telehealth affects quality, outcomes,

24

and cost under Medicaid and CHIP.

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1

(10) Best practices for conveying information to

2

beneficiaries regarding the availability of telehealth as

3

an option to receive services covered under Medicaid

4

and CHIP, including the availability of audio-only

5

telehealth, the ability to receive such services from a

6

patient’s home, and requirements related to in-person

7

visits.

8

(b) DEFINITIONS.—In this section:

9

(1) CHIP.—The term ‘‘CHIP’’ means the State

10

children’s health insurance program established under

11

title XXI of the Social Security Act (42 U.S.C.

12

1397aa et seq.).

13

(2) MEDICAID.—The term ‘‘Medicaid’’ means the

14

program established under title XIX of the Social Se-

15

curity Act (42 U.S.C. 1396 et seq.).

16

(3) SECRETARY.—Except as otherwise provided,

17

the term ‘‘Secretary’’ means the Secretary of Health

18

and Human Services.

19

(4) STATE.—The term ‘‘State’’ has the meaning

20

given that term in section 1101(a)(1) of the Social

21

Security Act (42 U.S.C. 1301(a)(1)) for purposes of

22

titles XIX and XXI of such Act.

23

SEC. 11003. SUPPORTING ACCESS TO HEALTH CARE SERV-

24
25

ICES IN SCHOOLS.

(a) GUIDANCE AND TECHNICAL ASSISTANCE.—

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1

(1) GUIDANCE.—

2

(A) IN

GENERAL.—Not

later than 12

3

months after the date of enactment of this Act,

4

the Secretary, in consultation with the Secretary

5

of Education, shall issue guidance to State Med-

6

icaid agencies, local educational agencies, and

7

school-based entities to support the delivery of

8

medical assistance to Medicaid and CHIP bene-

9

ficiaries in school-based settings.

10

(B) REQUIRED

INFORMATION.—The

guid-

11

ance issued pursuant to subparagraph (A)

12

shall—

13

(i) include updates to the May 2003

14

Medicaid

15

Claiming Guide, the 1997 Medicaid and

16

Schools Technical Assistance Guide, and

17

other relevant guidance in effect on the date

18

of enactment of this Act;

School-Based

Administrative

19

(ii) clarify that payments may be

20

made to school-based entities under Med-

21

icaid for delivering assistance under Med-

22

icaid, including any such assistance pro-

23

vided in accordance with an individualized

24

education program or under the policy de-

25

scribed in the State Medicaid Director letter

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1

on payment for services issued on December

2

15, 2014 (#14-006);

3

(iii) outline strategies and tools to re-

4

duce administrative burdens on, and sim-

5

plify billing for, local educational agencies,

6

in particular small and rural local edu-

7

cational agencies, and support compliance

8

with Federal requirements regarding bill-

9

ing, payment, and recordkeeping, including

10

by aligning direct service billing and school-

11

based administrative claiming payment sys-

12

tems;

13

(iv) include a comprehensive list of

14

best practices and examples of approved

15

methods that State Medicaid agencies and

16

local educational agencies have used to pay

17

for, and increase the availability of, assist-

18

ance under Medicaid, including expanding

19

State programs to include all Medicaid-en-

20

rolled students, providing early and peri-

21

odic screening, diagnostic, and treatment

22

(EPSDT) services in schools, utilizing tele-

23

health, coordinating with community-based

24

mental health and substance use disorder

25

treatment providers and organizations, co-

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1

ordinating with managed care entities, and

2

supporting the provision of culturally com-

3

petent and trauma-informed care in school

4

settings; and

5

(v) provide examples of the types of

6

providers (which may include qualified

7

school health personnel) that States may

8

choose to enroll, deem, or otherwise treat as

9

participating providers for purposes of

10

school-based programs under Medicaid and

11

best practices related to helping such pro-

12

viders enroll in Medicaid for purposes of

13

participating

14

under Medicaid.

15

(2) TECHNICAL

16

(A) IN

in

school-based

programs

ASSISTANCE CENTER.—
GENERAL.—Not

later than 12

17

months after the date of enactment of this Act,

18

the Secretary, in consultation with the Secretary

19

of Education, shall establish a technical assist-

20

ance center to—

21

(i) assist and expand the capacity of

22

State Medicaid agencies and local edu-

23

cational agencies and school-based entities

24

to provide assistance under Medicaid;

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1

(ii) reduce administrative burdens for

2

such agencies and health centers or entities;

3

(iii) support State educational agen-

4

cies, local educational agencies, and school-

5

based entities in obtaining payment for the

6

provision of assistance under Medicaid;

7

(iv) ensure ongoing coordination and

8

collaboration between the Department of

9

Health and Human Services and the De-

10

partment of Education with respect to the

11

provision of, and payment for, assistance

12

under Medicaid by local educational agen-

13

cies; and

14

(v) provide information to State and

15

local educational agencies and States on

16

how to utilize funding from the Department

17

of Health and Human Services, the Depart-

18

ment of Education, and other Federal agen-

19

cies to ensure payment under Medicaid for

20

assistance provided in school-based settings.

21

(B) SMALL

AND RURAL SCHOOLS.—The

Sec-

22

retary shall ensure that the technical assistance

23

center includes resources which are specifically

24

designed to help support small and rural local

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1

educational agencies in obtaining payment for

2

the provision of assistance under Medicaid.

3

(C) REPORTING.—The technical assistance

4

center shall, on a biennial basis, submit to the

5

Secretary a report on the work of the center that

6

identifies the areas where the most assistance

7

was requested.

8

(3) FUNDING.—Out of any funds in the Treas-

9

ury not otherwise appropriated, there is appropriated

10

to the Secretary to carry out this subsection,

11

$8,000,000, for fiscal year 2022, to remain available

12

until expended.

13

(b) GRANTS.—There is authorized to be appropriated

14 $50,000,000 for fiscal year 2022 for the Secretary to award
15 grants to States for the purpose of implementing, enhanc16 ing, or expanding the provision of assistance through
17 school-based entities under Medicaid or CHIP. A State shall
18 not use any grant funds to provide medical assistance, child
19 health assistance, or other health services.
20

(c) DEFINITIONS.—For purposes of this section:

21

(1) CHIP.—The term ‘‘CHIP’’ means the State

22

children’s health insurance program established under

23

title XXI of the Social Security Act (42 U.S.C.

24

1397aa et seq.).

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1

(2) INDIVIDUALIZED

EDUCATION PROGRAM.—The

2

term ‘‘individualized education program’’ has the

3

meaning given such term in section 602(14) of the In-

4

dividuals with Disabilities Education Act (20 U.S.C.

5

1401(14)).

6

(3) MEDICAID.—The term ‘‘Medicaid’’ means the

7

program established under title XIX of the Social Se-

8

curity Act (42 U.S.C. 1396 et seq.).

9
10

(4) SCHOOL-BASED

ENTITY.—The

term ‘‘school-

based entity’’ means—

11

(A) a school-based health center, as that

12

term is defined in section 2110(c)(9) of the So-

13

cial Security Act (42 U.S.C. 1397jj(c)(9)); and

14

(B) an entity that provides medical assist-

15

ance in a school-based setting for which Federal

16

financial participation is allowed under Med-

17

icaid.

18

(5) SECRETARY.—Except as otherwise provided,

19

the term ‘‘Secretary’’ means the Secretary of Health

20

and Human Services.

21

(6) STATE.—The term ‘‘State’’ has the meaning

22

given that term in section 1101(a)(1) of the Social

23

Security Act (42 U.S.C. 1301(a)(1)) for purposes of

24

titles XIX and XXI of such Act.

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1

(7) STATE

EDUCATIONAL AGENCY; LOCAL EDU-

2

CATIONAL AGENCY.—The

3

agency’’ and ‘‘local educational agency’’ have the

4

meaning given those terms in section 8101 of the Ele-

5

mentary and Secondary Education Act of 1965 (20

6

U.S.C. 7801).

7

terms ‘‘State educational

SEC. 11004. REVIEW OF STATE IMPLEMENTATION OF EARLY

8

AND

9

AND TREATMENT SERVICES.

10
11

PERIODIC

SCREENING,

DIAGNOSTIC,

(a) REVIEW.—
(1) IN

GENERAL.—Not

later than 24 months

12

after the date of enactment of Act, and every 5 years

13

thereafter, the Secretary shall—

14

(A) review State implementation of the re-

15

quirements for providing early and periodic

16

screening, diagnostic, and treatment services

17

under Medicaid in accordance with sections

18

1902(a)(43), 1905(a)(4)(B), and 1905(r) of the

19

Social Security Act (42 U.S.C. 1396a(a)(43),

20

1396d(a)(4)(B), 1396d(r)), including with re-

21

spect to the provision of such services by man-

22

aged

23

health plans, prepaid ambulatory health plans,

24

and primary care case managers;

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care

organizations,

prepaid

inpatient

20
1

(B) identify gaps and deficiencies with re-

2

spect to State compliance with such require-

3

ments;

4
5

(C) provide technical assistance to States to
address such gaps and deficiencies; and

6

(D) issue guidance to States on the Med-

7

icaid coverage requirements for such services that

8

includes best practices for ensuring children have

9

access to comprehensive health care services, in-

10

cluding children without a mental health or sub-

11

stance use disorder diagnosis.

12

(2) REPORTS

TO CONGRESS.—Not

later than 6

13

months after each date on which the Secretary com-

14

pletes the activities described in paragraph (1), the

15

Secretary shall submit to the Committee on Finance

16

of the Senate and the Committee on Energy and Com-

17

merce of the House of Representatives a report on the

18

most recent activities completed for purposes of such

19

paragraph that includes the findings made, and de-

20

scriptions of actions taken by the Secretary or by

21

States as a result of such activities, and any addi-

22

tional actions the Secretary plans to carry out or that

23

States are required to carry out as a result of such

24

activities.

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1

(3) FUNDING.—Out of any funds in the Treas-

2

ury not otherwise appropriated, there is appropriated

3

to the Secretary to carry out this subsection, to re-

4

main available until expended, $5,000,000, for each of

5

fiscal years 2023 and 2024, and $1,000,000 for each

6

fiscal year thereafter.

7

(b) GAO STUDY AND REPORT.—

8

(1) STUDY.—The Comptroller General of the

9

United States (in this subsection referred to as the

10

‘‘Comptroller General’’) shall conduct a study evalu-

11

ating State implementation under Medicaid of the

12

early and periodic screening, diagnostic, and treat-

13

ment services benefit required for children by section

14

1905(a)(4)(B) of the Social Security Act (42 U.S.C.

15

1396d(a)(4)(B)) and as defined in section 1905(r) of

16

such Act (42 U.S.C. 1396d(r)) and provided in ac-

17

cordance with the requirements of section 1902(a)(43)

18

of such Act (42 U.S.C. 1396a(a)(43)), specifically

19

with respect to State oversight of managed care orga-

20

nizations, prepaid inpatient health plans, prepaid

21

ambulatory health plans, and primary care case

22

managers, and shall provide recommendations as ap-

23

propriate to improve State compliance with the re-

24

quirements for providing such benefit, State oversight

25

of managed care organizations, prepaid inpatient

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1

health plans, prepaid ambulatory health plans, and

2

primary care case managers, and oversight of State

3

programs under Medicaid by the Administrator of the

4

Centers for Medicare & Medicaid Services.

5

(2) REPORT.—Not later than 3 years after the

6

date of enactment of this Act, the Comptroller General

7

shall submit to Congress a report on the study con-

8

ducted under paragraph (1) that includes the rec-

9

ommendations required by such paragraph, as well as

10

recommendations for such legislation and administra-

11

tive action as the Comptroller General determines ap-

12

propriate.

13

(c) DEFINITIONS.—In this section:

14

(1) MEDICAID.—The term ‘‘Medicaid’’ means the

15

program established under title XIX of the Social Se-

16

curity Act (42 U.S.C. 1396 et seq.).

17

(2) SECRETARY.—Except as otherwise provided,

18

the term ‘‘Secretary’’ means the Secretary of Health

19

and Human Services.

20

(3) STATE.—The term ‘‘State’’ has the meaning

21

given that term in section 1101(a)(1) of the Social

22

Security Act (42 U.S.C. 1301(a)(1)) for purposes of

23

titles XIX and XXI of such Act.

† S 2938 EAS

23
1

SEC. 11005. PEDIATRIC MENTAL HEALTH CARE ACCESS

2
3

GRANTS.

Section 330M of the Public Health Service Act (42

4 U.S.C. 254c–19) is amended—
5
6
7
8

(1) in the section enumerator, by striking
‘‘330M’’ and inserting ‘‘330M.’’;
(2) in subsection (a), in the matter preceding
paragraph (1)—

9
10

(A) by inserting ‘‘or cooperative agreements’’ after ‘‘award grants’’; and

11

(B) by striking ‘‘Indian tribes and tribal

12

organizations’’ and inserting ‘‘Indian Tribes and

13

Tribal organizations’’;

14

(3) in subsection (b)—

15

(A) in paragraph (1)—

16

(i) in the matter preceding subpara-

17

graph (A), by striking ‘‘a grant’’ and in-

18

serting ‘‘an award’’;

19

(ii) in subparagraph (G), by inserting

20

‘‘developmental-behavioral

21

after ‘‘psychiatrists,’’;

22

pediatricians,’’

(iii) in subparagraph (H), by insert-

23

ing

24

health care providers about available mental

25

health services for children in the commu-

26

nity and’’ before ‘‘assist’’; and
† S 2938 EAS

‘‘provide

information

to

pediatric

24
1

(iv) in subparagraph (I), by striking

2

‘‘problems’’ and inserting ‘‘conditions’’;

3

(B) by redesignating paragraph (2) as

4

paragraph (3);

5

(C) by inserting after paragraph (1) the fol-

6

lowing:

7

‘‘(2) SUPPORT

8

TO SCHOOLS AND EMERGENCY DE-

PARTMENTS.—

9

‘‘(A) IN

GENERAL.—In

addition to the ac-

10

tivities required under paragraph (1), a pedi-

11

atric mental health care access program referred

12

to in subsection (a), with respect to which an

13

award under such subsection may be used, may

14

provide information, consultative support, train-

15

ing, and technical assistance to—

16

‘‘(i) emergency departments; and

17

‘‘(ii) State educational agencies, local

18

educational agencies, Tribal educational

19

agencies, and elementary and secondary

20

schools.

21

‘‘(B) REQUIREMENTS

FOR CERTAIN RECIPI-

22

ENTS.—An

23

ative support, training, and technical assistance

24

under subparagraph (A)(ii) shall operate in a

25

manner consistent with, and shall ensure consist-

† S 2938 EAS

entity receiving information, consult-

25
1

ency with, the requirements of subsections (a)

2

and (c) of section 4001 of the Elementary and

3

Secondary Education Act with respect to such

4

information, consultative support, training, and

5

technical assistance.’’; and

6

(D) in paragraph (3), as so redesignated, by

7

inserting ‘‘, and which may include a develop-

8

mental-behavioral pediatrician’’ before the period

9

at the end of the first sentence;

10

(4) in subsections (c), (d), and (f), by striking

11

‘‘Indian tribe, or tribal organization’’ each place it

12

appears and inserting ‘‘Indian Tribe, or Tribal orga-

13

nization’’;

14

(5) in subsections (c) and (d)—

15
16

(A) by striking ‘‘a grant’’ each place it appears and inserting ‘‘an award’’; and

17

(B) by striking ‘‘such grant’’ each place it

18

appears and inserting ‘‘such award’’;

19

(6) in subsection (e), by striking ‘‘grants’’ and

20
21

inserting ‘‘awards’’;
(7) in subsection (f)—

22
23

(A) by striking ‘‘award a grant’’ and inserting ‘‘make an award’’; and

24
25

(B) by striking ‘‘the grant’’ and inserting
‘‘the award’’;

† S 2938 EAS

26
1
2

(8) by redesignating subsection (g) as subsection
(h);

3

(9) by inserting after subsection (f) the following:

4

‘‘(g) TECHNICAL ASSISTANCE.—The Secretary may—

5

‘‘(1) provide, or continue to provide, technical

6

assistance to recipients of awards under subsection

7

(a); and

8

‘‘(2) award a grant or contract to an eligible

9

public or nonprofit private entity (as determined by

10

the Secretary) for the purpose of providing such tech-

11

nical assistance pursuant to this subsection.’’; and

12

(10) in subsection (h), as so redesignated, by

13

striking ‘‘$9,000,000 for the period of fiscal years

14

2018 through 2022’’ and inserting ‘‘$31,000,000 for

15

each of fiscal years 2023 through 2027’’.

16
17
18

TITLE II—FIREARMS
SEC. 12001. JUVENILE RECORDS.

(a) IMPROVING NICS EXAMINATION

OF

JUVENILE

19 RECORDS.—
20
21

(1) IN

GENERAL.—Section

922 of title 18,

United States Code, is amended—

22

(A) in subsection (d)—

23

(i) in the matter preceding paragraph

24

(1), by inserting ‘‘, including as a juvenile’’

25

after ‘‘such person’’; and

† S 2938 EAS

27
1

(ii) in paragraph (4), by inserting ‘‘at

2

16 years of age or older’’ after ‘‘institution’’;

3

and

4

(B) in subsection (t)—

5

(i) in paragraph (1)—

6

(I) in subparagraph (B)(ii)—

7

(aa) by inserting ‘‘subject to

8

subparagraph

9

business days’’; and

10

(C),’’

before

‘‘3

(bb) by striking ‘‘and’’ at the

11

end;

12

(II) by redesignating subpara-

13

graph (C) as subparagraph (D); and

14

(III) by inserting after subpara-

15

graph (B) the following:

16

‘‘(C) in the case of a person less than 21 years

17

of age, in addition to all other requirements of this

18

chapter—

19
20

‘‘(i) the system provides the licensee with a
unique identification number;

21

‘‘(ii) 3 business days (meaning a day on

22

which State offices are open) have elapsed since

23

the licensee contacted the system, and the system

24

has not notified the licensee that cause exists to

† S 2938 EAS

28
1

further investigate a possibly disqualifying juve-

2

nile record under subsection (d); or

3

‘‘(iii) in the case of such a person with re-

4

spect to whom the system notifies the licensee in

5

accordance with clause (ii) that cause exists to

6

further investigate a possibly disqualifying juve-

7

nile record under subsection (d), 10 business

8

days (meaning a day on which State offices are

9

open) have elapsed since the licensee contacted

10

the system, and the system has not notified the

11

licensee that—

12

‘‘(I) transferring the firearm to the

13

other person would violate subsection (d) of

14

this section; or

15

‘‘(II) receipt of a firearm by the other

16

person would violate subsection (g) or (n) of

17

this section, or State, local, or Tribal law;

18

and’’;

19

(ii) in paragraph (2)—

20

(I) by inserting ‘‘transfer or’’ be-

21

fore ‘‘receipt’’; and

22

(II) by striking ‘‘(g) or (n)’’ and

23

inserting ‘‘(d), (g), or (n) (as applica-

24

ble)’’;

25

(iii) in paragraph (4)—

† S 2938 EAS

29
1

(I) by inserting ‘‘transfer of a

2

firearm to or’’ before ‘‘receipt’’; and

3

(II) by striking ‘‘(g) or (n)’’ and

4

inserting ‘‘(d), (g), or (n) (as applica-

5

ble)’’; and

6

(iv) in paragraph (5)—

7

(I) by inserting ‘‘transfer of a

8

firearm to or’’ before ‘‘receipt’’; and

9

(II) by striking ‘‘(g) or (n)’’ and

10

inserting ‘‘(d), (g), or (n) (as applica-

11

ble)’’.

12

(2) NICS

REQUIREMENTS.—Section

103 of the

13

Brady Handgun Violence Prevention Act (34 U.S.C.

14

40901) is amended by adding at the end the fol-

15

lowing:

16

‘‘(l) REQUIREMENTS RELATING

17 CHECKS

FOR

TO

BACKGROUND

PERSONS UNDER AGE 21.—If a licensee con-

18 tacts the system established under this section regarding a
19 proposed transfer of a firearm to a person less than 21 years
20 of age in accordance with subsection (t) of section 922 of
21 title 18, United States Code, the system shall—
22

‘‘(1) immediately contact—

23

‘‘(A) the criminal history repository or ju-

24

venile justice information system, as appro-

25

priate, of the State in which the person resides

† S 2938 EAS

30
1

for the purpose of determining whether the per-

2

son has a possibly disqualifying juvenile record

3

under subsection (d) of such section 922;

4

‘‘(B) the appropriate State custodian of

5

mental health adjudication records in the State

6

in which the person resides to determine whether

7

the person has a possibly disqualifying juvenile

8

record under subsection (d) of such section 922;

9

and

10

‘‘(C) a local law enforcement agency of the

11

jurisdiction in which the person resides for the

12

purpose of determining whether the person has a

13

possibly disqualifying juvenile record under sub-

14

section (d) of such section 922;

15

‘‘(2) as soon as possible, but in no case more

16

than 3 business days, after the licensee contacts the

17

system, notify the licensee whether cause exists to fur-

18

ther investigate a possibly disqualifying juvenile

19

record under subsection (d) of such section 922; and

20

‘‘(3) if there is cause for further investigation, as

21

soon as possible, but in no case more than 10 business

22

days, after the licensee contacts the system, notify the

23

licensee whether—

† S 2938 EAS

31
1

‘‘(A) transfer of a firearm to the person

2

would violate subsection (d) of such section 922;

3

or

4

‘‘(B) receipt of a firearm by the person

5

would violate subsection (g) or (n) of such sec-

6

tion 922, or State, local, or Tribal law.’’.

7

(3) SUNSET

OF REQUIREMENTS TO CONTACT

8

STATE AND LOCAL ENTITIES.—Effective

9

30, 2032, paragraphs (1)(B) and (2) are repealed,

10

and the provisions of law amended by those para-

11

graphs are restored as if those paragraphs had not

12

been enacted.

13

(b) REPORT

ON

on September

REMOVING OUTDATED, EXPIRED,

OR

14 ERRONEOUS RECORDS.—
15

(1) IN

GENERAL.—On

an annual basis for each

16

fiscal year through fiscal year 2032, each State and

17

Federal agency responsible for the submission of dis-

18

qualifying records under subsection (d), (g), or (n) of

19

section 922 of title 18, United States Code, to the na-

20

tional instant criminal background check system es-

21

tablished under section 103 of the Brady Handgun

22

Violence Prevention Act (34 U.S.C. 40901) shall sub-

23

mit to the Committee on the Judiciary and the Com-

24

mittee on Appropriations of the Senate and the Com-

25

mittee on the Judiciary and the Committee on Appro-

† S 2938 EAS

32
1

priations of the House of Representatives a report de-

2

tailing the removal from the system of records that no

3

longer prohibit an individual from lawfully acquiring

4

or possessing a firearm under such subsection (d), (g),

5

or (n).

6

(2) CONTENTS.—Each report submitted by a

7

State or Federal agency under paragraph (1) shall

8

include pertinent information on—

9

(A) the number of records that the State or

10

Federal agency removed from the national in-

11

stant criminal background check system estab-

12

lished under section 103 of the Brady Handgun

13

Violence Prevention Act (34 U.S.C. 40901) dur-

14

ing the reporting period;

15

(B) why the records were removed; and

16

(C) for each record removed, the nature of

17

the disqualifying characteristic outlined in sub-

18

section (d), (g), or (n) of section 922 of title 18,

19

United States Code, that caused the State or

20

Federal agency to originally submit the record to

21

the system.

22
23

SEC. 12002. DEFINING ‘‘ENGAGED IN THE BUSINESS’’.

Section 921(a) of title 18, United States Code, is

24 amended—

† S 2938 EAS

33
1

(1) in paragraph (21)(C), by striking ‘‘with the

2

principal objective of livelihood and profit’’ and in-

3

serting ‘‘to predominantly earn a profit’’;

4

(2) by redesignating paragraphs (22) through

5

(29) as paragraphs (23) through (30), respectively;

6

and

7

(3) by inserting after paragraph (21) the fol-

8

lowing:

9

‘‘(22) The term ‘to predominantly earn a profit’ means

10 that the intent underlying the sale or disposition of firearms
11 is predominantly one of obtaining pecuniary gain, as op12 posed to other intents, such as improving or liquidating a
13 personal firearms collection: Provided, That proof of profit
14 shall not be required as to a person who engages in the reg15 ular and repetitive purchase and disposition of firearms for
16 criminal purposes or terrorism. For purposes of this para17 graph, the term ‘terrorism’ means activity, directed against
18 United States persons, which—
19

‘‘(A) is committed by an individual who is not

20

a national or permanent resident alien of the United

21

States;

22

‘‘(B) involves violent acts or acts dangerous to

23

human life which would be a criminal violation if

24

committed within the jurisdiction of the United

25

States; and

† S 2938 EAS

34
1

‘‘(C) is intended—

2
3

‘‘(i) to intimidate or coerce a civilian population;

4
5

‘‘(ii) to influence the policy of a government
by intimidation or coercion; or

6
7

‘‘(iii) to affect the conduct of a government
by assassination or kidnapping.’’.

8

SEC. 12003. USE OF BYRNE GRANTS FOR IMPLEMENTATION

9

OF STATE CRISIS INTERVENTION PROGRAMS.

10

(a) BYRNE JAG PROGRAM.—Section 501(a)(1) of title

11 I of the Omnibus Crime Control and Safe Streets Act of
12 1968 (34 U.S.C. 10152(a)(1)) is amended—
13

(1) in the matter preceding subparagraph (A),

14

by inserting ‘‘or civil proceedings’’ after ‘‘criminal

15

justice’’; and

16

(2) by adding at the end the following:

17

‘‘(I) Implementation of State crisis inter-

18

vention court proceedings and related programs

19

or initiatives, including but not limited to—

20

‘‘(i) mental health courts;

21

‘‘(ii) drug courts;

22

‘‘(iii) veterans courts; and

23

‘‘(iv) extreme risk protection order pro-

24

grams, which must include, at a min-

25

imum—

† S 2938 EAS

35
1

‘‘(I) pre-deprivation and post-dep-

2

rivation due process rights that prevent

3

any violation or infringement of the

4

Constitution of the United States, in-

5

cluding but not limited to the Bill of

6

Rights, and the substantive or proce-

7

dural due process rights guaranteed

8

under

9

Amendments to the Constitution of the

10

United States, as applied to the States,

11

and as interpreted by State courts and

12

United States courts (including the

13

Supreme Court of the United States).

14

Such programs must include, at the

15

appropriate phase to prevent any vio-

16

lation of constitutional rights, at min-

17

imum, notice, the right to an in-person

18

hearing, an unbiased adjudicator, the

19

right to know opposing evidence, the

20

right to present evidence, and the right

21

to confront adverse witnesses;

the

Fifth

and

Fourteenth

22

‘‘(II) the right to be represented

23

by counsel at no expense to the govern-

24

ment;

† S 2938 EAS

36
1

‘‘(III) pre-deprivation and post-

2

deprivation

3

standards and proof which mean not

4

less than the protections afforded to a

5

similarly situated litigant in Federal

6

court or promulgated by the State’s

7

evidentiary body, and sufficient to en-

8

sure the full protections of the Con-

9

stitution of the United States, includ-

10

ing but not limited to the Bill of

11

Rights, and the substantive and proce-

12

dural due process rights guaranteed

13

under

14

Amendments to the Constitution of the

15

United States, as applied to the States,

16

and as interpreted by State courts and

17

United States courts (including the

18

Supreme Court of the United States).

19

The heightened evidentiary standards

20

and proof under such programs must,

21

at all appropriate phases to prevent

22

any violation of any constitutional

23

right, at minimum, prevent reliance

24

upon evidence that is unsworn or

25

unaffirmed, irrelevant, based on inad-

† S 2938 EAS

the

heightened

Fifth

and

evidentiary

Fourteenth

37
1

missible hearsay, unreliable, vague,

2

speculative, and lacking a foundation;

3

and

4

‘‘(IV) penalties for abuse of the

5
6
7

program.’’.
(b) ANNUAL REPORT
GRAMS.—Section

ON

CRISIS INTERVENTION PRO-

501 of title I of the Omnibus Crime Con-

8 trol and Safe Streets Act of 1968 (34 U.S.C. 10152) is
9 amended by adding at the end the following:
10
11

‘‘(h) ANNUAL REPORT
GRAMS.—The

ON

CRISIS INTERVENTION PRO-

Attorney General shall publish an annual re-

12 port with respect to grants awarded for crisis intervention
13 programs or initiatives under subsection (a)(1)(I) that con14 tains—
15

‘‘(1) a description of the grants awarded and the

16

crisis intervention programs or initiatives funded by

17

the grants, broken down by grant recipient;

18

‘‘(2) an evaluation of the effectiveness of the cri-

19

sis intervention programs or initiatives in preventing

20

violence and suicide;

21

‘‘(3) measures that have been taken by each

22

grant recipient to safeguard the constitutional rights

23

of an individual subject to a crisis intervention pro-

24

gram or initiative; and

† S 2938 EAS

38
1

‘‘(4) efforts that the Attorney General is making,

2

in coordination with the grant recipients, to protect

3

the constitutional rights of individuals subject to the

4

crisis intervention programs or initiatives.’’.

5
6
7
8
9
10

SEC. 12004. STOP ILLEGAL TRAFFICKING IN FIREARMS ACT.

(a) ANTI-STRAW PURCHASING
FICKING

AND

FIREARMS TRAF-

AMENDMENTS.—
(1) IN

GENERAL.—Chapter

44 of title 18, United

States Code, is amended by adding at the end the following:

11 ‘‘§ 932. Straw purchasing of firearms
12

‘‘(a) DEFINITIONS.—For purposes of this section—

13

‘‘(1) the term ‘drug trafficking crime’—

14
15

‘‘(A) has the meaning given that term in
section 924(c)(2); and

16

‘‘(B) includes a felony punishable under the

17

law of a State for which the conduct constituting

18

the offense would constitute a felony punishable

19

under the Controlled Substances Act (21 U.S.C.

20

801 et seq.), the Controlled Substances Import

21

and Export Act (21 U.S.C. 951 et seq.), or chap-

22

ter 705 of title 46;

23

‘‘(2) the term ‘Federal crime of terrorism’ has the

24

meaning given that term in section 2332b(g)(5); and

† S 2938 EAS

39
1

‘‘(3) the term ‘felony’ means any offense under

2

Federal or State law punishable by imprisonment for

3

a term exceeding 1 year.

4

‘‘(b) VIOLATION.—It shall be unlawful for any person

5 to knowingly purchase, or conspire to purchase, any fire6 arm in or otherwise affecting interstate or foreign commerce
7 for, on behalf of, or at the request or demand of any other
8 person, knowing or having reasonable cause to believe that
9 such other person—
10
11

‘‘(1) meets the criteria of 1 or more paragraphs
of section 922(d);

12

‘‘(2) intends to use, carry, possess, or sell or oth-

13

erwise dispose of the firearm in furtherance of a fel-

14

ony, a Federal crime of terrorism, or a drug traf-

15

ficking crime; or

16

‘‘(3) intends to sell or otherwise dispose of the

17

firearm to a person described in paragraph (1) or (2).

18

‘‘(c) PENALTY.—

19

‘‘(1) IN

GENERAL.—Except

as provided in para-

20

graph (2), any person who violates subsection (b)

21

shall be fined under this title, imprisoned for not

22

more than 15 years, or both.

23

‘‘(2) USE

IN FELONIES, CRIMES OF TERRORISM,

24

OR DRUG TRAFFICKING CRIMES.—If

25

subsection (b) is committed knowing or with reason-

† S 2938 EAS

a violation of

40
1

able cause to believe that any firearm involved will be

2

used to commit a felony, a Federal crime of terrorism,

3

or a drug trafficking crime, the person shall be sen-

4

tenced to a term of imprisonment of not more than

5

25 years.

6 ‘‘§ 933. Trafficking in firearms
7

‘‘(a) IN GENERAL.—It shall be unlawful for any per-

8 son to—
9

‘‘(1) ship, transport, transfer, cause to be trans-

10

ported, or otherwise dispose of any firearm to another

11

person in or otherwise affecting interstate or foreign

12

commerce, if such person knows or has reasonable

13

cause to believe that the use, carrying, or possession

14

of a firearm by the recipient would constitute a felony

15

(as defined in section 932(a));

16

‘‘(2) receive from another person any firearm in

17

or otherwise affecting interstate or foreign commerce,

18

if the recipient knows or has reasonable cause to be-

19

lieve that such receipt would constitute a felony; or

20

‘‘(3) attempt or conspire to commit the conduct

21

described in paragraph (1) or (2).

22

‘‘(b) PENALTY.—Any person who violates subsection

23 (a) shall be fined under this title, imprisoned for not more
24 than 15 years, or both.

† S 2938 EAS

41
1 ‘‘§ 934. Forfeiture and fines
2

‘‘(a) FORFEITURE.—

3

‘‘(1) IN

GENERAL.—Any

person convicted of a

4

violation of section 932 or 933 shall forfeit to the

5

United States, irrespective of any provision of State

6

law—

7

‘‘(A) any property constituting, or derived

8

from, any proceeds the person obtained, directly

9

or indirectly, as the result of such violation; and

10

‘‘(B) any of the person’s property used, or

11

intended to be used, in any manner or part, to

12

commit, or to facilitate the commission of, such

13

violation, except that for any forfeiture of any

14

firearm or ammunition pursuant to this section,

15

section 924(d) shall apply.

16

‘‘(2) IMPOSITION.—The court, in imposing sen-

17

tence on a person convicted of a violation of section

18

932 or 933, shall order, in addition to any other sen-

19

tence imposed pursuant to section 932 or 933, that

20

the person forfeit to the United States all property de-

21

scribed in paragraph (1).

22

‘‘(b) FINES.—A defendant who derives profits or other

23 proceeds from an offense under section 932 or 933 may be
24 fined not more than the greater of—
25
26

‘‘(1) the fine otherwise authorized by this part;
or
† S 2938 EAS

42
1

‘‘(2) the amount equal to twice the gross profits

2

or other proceeds of the offense under section 932 or

3

933.’’.

4

(2)

TITLE

III

AUTHORIZATION.—Section

5

2516(1)(n) of title 18, United States Code, is amend-

6

ed by striking ‘‘sections 922 and 924’’ and inserting

7

‘‘section 922, 924, 932, or 933’’.

8

(3)

RACKETEERING

AMENDMENT.—Section

9

1961(1)(B) of title 18, United States Code, is amend-

10

ed by inserting ‘‘section 932 (relating to straw pur-

11

chasing), section 933 (relating to trafficking in fire-

12

arms),’’ before ‘‘section 1028’’.

13

(4) MONEY

LAUNDERING AMENDMENT.—Section

14

1956(c)(7)(D) of title 18, United States Code, is

15

amended by striking ‘‘section 924(n)’’ and inserting

16

‘‘section 924(n), 932, or 933’’.

17

(5) DIRECTIVE

TO SENTENCING COMMISSION.—

18

Pursuant to its authority under section 994 of title

19

28, United States Code, and in accordance with this

20

subsection, the United States Sentencing Commission

21

shall review and amend its guidelines and policy

22

statements to ensure that persons convicted of an of-

23

fense under section 932 or 933 of title 18, United

24

States Code, and other offenses applicable to the straw

25

purchases and trafficking of firearms are subject to

† S 2938 EAS

43
1

increased penalties in comparison to those currently

2

provided by the guidelines and policy statements for

3

such straw purchasing and trafficking of firearms of-

4

fenses. In its review, the Commission shall consider,

5

in particular, an appropriate amendment to reflect

6

the intent of Congress that straw purchasers without

7

significant criminal histories receive sentences that

8

are sufficient to deter participation in such activities

9

and reflect the defendant’s role and culpability, and

10

any coercion, domestic violence survivor history, or

11

other mitigating factors. The Commission shall also

12

review and amend its guidelines and policy state-

13

ments to reflect the intent of Congress that a person

14

convicted of an offense under section 932 or 933 of

15

title 18, United States Code, who is affiliated with a

16

gang, cartel, organized crime ring, or other such en-

17

terprise should be subject to higher penalties than an

18

otherwise unaffiliated individual.

19

(6)

20

MENT.—The

21

18, United States Code, is amended by adding at the

22

end the following:

TECHNICAL

AND

CONFORMING

AMEND-

table of sections for chapter 44 of title

‘‘932. Straw purchasing of firearms.
‘‘933. Trafficking in firearms.
‘‘934. Forfeiture and fines.’’.

23

(b) AMENDMENTS

TO

SECTION 922(d).—Section

24 922(d) of title 18, United States Code, is amended—
† S 2938 EAS

44
1
2
3
4
5
6

(1) in paragraph (8), by striking ‘‘or’’ at the
end;
(2) in paragraph (9), by striking the period at
the end and inserting a semicolon; and
(3) by striking the matter following paragraph
(9) and inserting the following:

7

‘‘(10) intends to sell or otherwise dispose of the

8

firearm or ammunition in furtherance of a felony, a

9

Federal crime of terrorism, or a drug trafficking of-

10

fense (as such terms are defined in section 932(a)); or

11

‘‘(11) intends to sell or otherwise dispose of the

12

firearm or ammunition to a person described in any

13

of paragraphs (1) through (10).

14 This subsection shall not apply with respect to the sale or
15 disposition of a firearm or ammunition to a licensed im16 porter, licensed manufacturer, licensed dealer, or licensed
17 collector who pursuant to subsection (b) of section 925 is
18 not precluded from dealing in firearms or ammunition, or
19 to a person who has been granted relief from disabilities
20 pursuant to subsection (c) of section 925.’’.
21

(c) AMENDMENTS

TO

SECTION 924(a).—Section

22 924(a) of title 18, United States Code, is amended—
23

(1) in paragraph (2), by striking ‘‘(d), (g),’’; and

24

(2) by adding at the end the following:

† S 2938 EAS

45
1

‘‘(8) Whoever knowingly violates subsection (d)

2

or (g) of section 922 shall be fined under this title,

3

imprisoned for not more than 15 years, or both.’’.

4

(d) AMENDMENTS

TO

SECTION 924(d).—Section

5 924(d) of title 18, United States Code, is amended—
6
7
8

(1) in paragraph (1), by inserting ‘‘932, or
933,’’ after ‘‘section 924,’’; and
(2) in paragraph (3)—

9
10

(A) in subparagraph (E), by striking ‘‘and’’
at the end;

11
12

(B) in subparagraph (F), by striking the
period at the end and inserting ‘‘; and’’; and

13

(C) by adding at the end the following:

14

‘‘(G) any offense under section 932 or 933.’’.

15

(e) AMENDMENTS

TO

SECTION 924(h).—Section 924 of

16 title 18, United States Code, is amended by striking sub17 section (h) and inserting the following:
18

‘‘(h) Whoever knowingly receives or transfers a firearm

19 or ammunition, or attempts or conspires to do so, knowing
20 or having reasonable cause to believe that such firearm or
21 ammunition will be used to commit a felony, a Federal
22 crime of terrorism, or a drug trafficking crime (as such
23 terms are defined in section 932(a)), or a crime under the
24 Arms Export Control Act (22 U.S.C. 2751 et seq.), the Ex25 port Control Reform Act of 2018 (50 U.S.C. 4801 et seq.),

† S 2938 EAS

46
1 the International Emergency Economic Powers Act (50
2 U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Des3 ignation Act (21 U.S.C. 1901 et seq.), shall be fined under
4 this title, imprisoned for not more than 15 years, or both.’’.
5

(f) AMENDMENTS

TO

SECTION 924(k).—Section 924 of

6 title 18, United States Code, is amended by striking sub7 section (k) and inserting the following:
8

‘‘(k)(1) A person who smuggles or knowingly brings

9 into the United States a firearm or ammunition, or at10 tempts or conspires to do so, with intent to engage in or
11 to promote conduct that—
12

‘‘(A) is punishable under the Controlled Sub-

13

stances Import and Export Act (21 U.S.C. 951 et

14

seq.), or chapter 705 of title 46; or

15

‘‘(B) constitutes a felony, a Federal crime of ter-

16

rorism, or a drug trafficking crime (as such terms are

17

defined in section 932(a)),

18

shall be fined under this title, imprisoned for not

19

more than 15 years, or both.

20

‘‘(2) A person who smuggles or knowingly takes out

21 of the United States a firearm or ammunition, or attempts
22 or conspires to do so, with intent to engage in or to promote
23 conduct that—
24

‘‘(A) would be punishable under the Controlled

25

Substances Import and Export Act (21 U.S.C. 951 et

† S 2938 EAS

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1

seq.), or chapter 705 of title 46, if the conduct had oc-

2

curred within the United States; or

3

‘‘(B) would constitute a felony or a Federal

4

crime of terrorism (as such terms are defined in sec-

5

tion 932(a)) for which the person may be prosecuted

6

in a court of the United States, if the conduct had oc-

7

curred within the United States,

8 shall be fined under this title, imprisoned for not more than
9 15 years, or both.’’.
10

(g) PROHIBITION

11 TRANSFERS

TO

ON

AGENTS

OF

FIREARMS

OR

AMMUNITION

DRUG CARTELS.—The Depart-

12 ment of Justice, and any of its law enforcement coordinate
13 agencies, shall not conduct or otherwise facilitate the trans14 fer of an operable firearm or ammunition to an individual
15 if any law enforcement officer employed by the Department
16 of Justice involved with the transfer knows or has reason17 able cause to believe that the recipient of the firearm or am18 munition is an agent of a drug cartel, unless law enforce19 ment personnel of the United States continuously monitor
20 or control the firearm or ammunition at all times.
21
22
23

(h) FFL ACCESS

TO

LAW ENFORCEMENT INFORMA-

TION.—

(1) IN

GENERAL.—Section

24

Handgun

25

40901(b)), is amended—

† S 2938 EAS

Violence

103(b) of the Brady

Prevention

Act

(34

U.S.C.

48
1

(A) by striking ‘‘Not later than’’ and insert-

2

ing the following:

3

‘‘(1) IN

4

GENERAL.—Not

later than’’; and

(B) by adding at the end the following:

5

‘‘(2) VOLUNTARY

6

‘‘(A) IN

BACKGROUND CHECKS.—

GENERAL.—Not

later than 90 days

7

after the date of enactment of this paragraph, the

8

Attorney General shall promulgate regulations

9

allowing licensees to use the national instant

10

criminal background check system established

11

under this section for purposes of voluntarily

12

conducting an employment background check re-

13

lating to a current or prospective employee. The

14

Attorney General may not collect a fee for an

15

employment background check under this sub-

16

paragraph.

17

‘‘(B) NOTICE.—Before conducting an em-

18

ployment background check relating to a current

19

or prospective employee under subparagraph (A),

20

a licensee shall—

21

‘‘(i) provide written notice to the cur-

22

rent or prospective employee that the li-

23

censee intends to conduct the background

24

check; and

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49
1

‘‘(ii) obtain consent to conduct the

2

background check from the current or pro-

3

spective employee in writing.

4

‘‘(C) EXEMPTION.—An employment back-

5

ground check conducted by a licensee under sub-

6

paragraph (A) shall not be governed by the Fair

7

Credit Reporting Act (15 U.S.C. 1681 et seq.).

8

‘‘(D) APPEAL.—Any individual who is the

9

subject of an employment background check con-

10

ducted by a licensee under subparagraph (A) the

11

result of which indicates that the individual is

12

prohibited from possessing a firearm or ammu-

13

nition pursuant to subsection (g) or (n) of sec-

14

tion 922 of title 18, United States Code, may ap-

15

peal the results of the background check in the

16

same manner and to the same extent as if the in-

17

dividual had been the subject of a background

18

check relating to the transfer of a firearm.’’.

19

(2)

ACQUISITION,

PRESERVATION,

AND

EX-

20

CHANGE OF IDENTIFICATION RECORDS AND INFORMA-

21

TION.—Section

22

amended—

23

534 of title 28, United States Code, is

(A) in subsection (a)—

24

(i) in paragraph (3), by striking

25

‘‘and’’ at the end;

† S 2938 EAS

50
1

(ii) in paragraph (4), by striking the

2

period at the end and inserting ‘‘; and’’;

3

and

4

(iii) by inserting after paragraph (4)

5

the following:

6

‘‘(5) provide a person licensed as an importer,

7

manufacturer, or dealer of firearms under chapter 44

8

of title 18 with information necessary to verify wheth-

9

er firearms offered for sale to such licensees have been

10

stolen.’’; and

11

(B) in subsection (b), by inserting ‘‘, except

12

for dissemination authorized under subsection

13

(a)(5) of this section’’ before the period.

14

(3) REGULATIONS.—Not later than 90 days after

15

the date of enactment of this Act, and without regard

16

to chapter 5 of title 5, United States Code, the Attor-

17

ney General shall promulgate regulations allowing a

18

person licensed as an importer, manufacturer, or

19

dealer of firearms under chapter 44 of title 18, United

20

States Code, to receive access to records of stolen fire-

21

arms maintained by the National Crime Information

22

Center operated by the Federal Bureau of Investiga-

23

tion, solely for the purpose of voluntarily verifying

24

whether firearms offered for sale to such licensees have

25

been stolen.

† S 2938 EAS

51
1

(4) STATUTORY

2

CONSTRUCTION; EVIDENCE.—

(A) STATUTORY

CONSTRUCTION.—Nothing

3

in this subsection or the amendments made by

4

this subsection shall be construed—

5

(i) to create a cause of action against

6

any person licensed as an importer, manu-

7

facturer, or dealer of firearms under chapter

8

44 of title 18, United States Code, or any

9

other person for any civil liability; or

10

(ii) to establish any standard of care.

11

(B) EVIDENCE.—Notwithstanding any other

12

provision of law, evidence regarding the use or

13

non-use by a person licensed as an importer,

14

manufacturer, or dealer of firearms under chap-

15

ter 44 of title 18, United States Code, of the sys-

16

tems, information, or records made available

17

under this subsection or the amendments made

18

by this subsection shall not be admissible as evi-

19

dence in any proceeding of any court, agency,

20

board, or other entity.

21
22

(i) FUNDING
CHASING

FOR

EXISTING ATF ANTI-STRAW PUR-

CAMPAIGN.—There are authorized to be appro-

23 priated to the Bureau of Alcohol, Tobacco, Firearms, and
24 Explosives $1,000,000 for each of fiscal years 2023 through
25 2027 to continue and expand current efforts with existing

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52
1 partners to educate persons licensed as an importer, manu2 facturer, or dealer of firearms under chapter 44 of title 18,
3 United States Code, and the public to combat illegal straw
4 purchases of firearms.
5

(j) LOCAL LAW ENFORCEMENT REIMBURSEMENT

6 ASSISTANCE PROVIDED
7

GAL

TO

DHS-HSI

TO

FOR

PREVENT ILLE-

TRAFFICKING.—Section 432(d)(2) of the Homeland Se-

8 curity Act of 2002 (6 U.S.C. 240(d)(2)) is amended by in9 serting ‘‘salary reimbursement,’’ after ‘‘administrative,’’.
10

(k) RULE OF CONSTRUCTION.—Nothing in this section,

11 or an amendment made by this section, shall be construed
12 to allow the establishment of a Federal system of registra13 tion of firearms, firearms owners, or firearms transactions
14 or dispositions.
15

SEC. 12005. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.

16

(a) DEFINING ‘‘DATING RELATIONSHIP’’.—Section

17 921(a) of title 18, United States Code, is amended—
18

(1) in paragraph (33)(A)(ii)—

19
20

(A) by striking ‘‘or by a person’’ and inserting ‘‘by a person’’; and

21

(B) by inserting before the period at the end

22

the following: ‘‘, or by a person who has a cur-

23

rent or recent former dating relationship with

24

the victim’’; and

25

(2) by adding at the end the following:

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53
1

‘‘(37)(A) The term ‘dating relationship’ means a rela-

2 tionship between individuals who have or have recently had
3 a continuing serious relationship of a romantic or intimate
4 nature.
5

‘‘(B) Whether a relationship constitutes a dating rela-

6 tionship under subparagraph (A) shall be determined based
7 on consideration of—
8

‘‘(i) the length of the relationship;

9

‘‘(ii) the nature of the relationship; and

10

‘‘(iii) the frequency and type of interaction be-

11

tween the individuals involved in the relationship.

12

‘‘(C) A casual acquaintanceship or ordinary frater-

13 nization in a business or social context does not constitute
14 a dating relationship under subparagraph (A).’’.
15

(b) NO RETROACTIVE APPLICATION.—The amend-

16 ments made by subsection (a) shall not apply to any convic17 tion of a misdemeanor crime of domestic violence entered
18 before the date of enactment of this Act.
19

(c) LIMITATIONS

20

MESTIC

21

SHIPS.—Section

ON

CONVICTIONS

VIOLENCE WITH RESPECT

TO

(1) in subparagraph (A)—

† S 2938 EAS

CRIMES

OF

DO -

DATING RELATION-

921(a)(33) of title 18, United States Code,

22 is amended—
23

OF

54
1

(A) in the matter preceding clause (i), by

2

striking ‘‘subparagraph (C)’’ and inserting ‘‘sub-

3

paragraphs (B) and (C)’’; and

4

(B) in clause (ii), by striking ‘‘State,,’’ and

5

inserting ‘‘State,’’; and

6

(2) by adding at the end the following:

7

‘‘(C) A person shall not be considered to have been con-

8 victed of a misdemeanor crime of domestic violence against
9 an individual in a dating relationship for purposes of this
10 chapter if the conviction has been expunged or set aside,
11 or is an offense for which the person has been pardoned
12 or has had firearm rights restored unless the expungement,
13 pardon, or restoration of rights expressly provides that the
14 person may not ship, transport, possess, or receive firearms:
15 Provided, That, in the case of a person who has not more
16 than 1 conviction of a misdemeanor crime of domestic vio17 lence against an individual in a dating relationship, and
18 is not otherwise prohibited under this chapter, the person
19 shall not be disqualified from shipping, transport, posses20 sion, receipt, or purchase of a firearm under this chapter
21 if 5 years have elapsed from the later of the judgment of
22 conviction or the completion of the person’s custodial or su23 pervisory sentence, if any, and the person has not subse24 quently been convicted of another such offense, a mis25 demeanor under Federal, State, Tribal, or local law which

† S 2938 EAS

55
1 has, as an element, the use or attempted use of physical
2 force, or the threatened use of a deadly weapon, or any other
3 offense that would disqualify the person under section
4 922(g). The national instant criminal background check
5 system established under section 103 of the Brady Handgun
6 Violence Prevention Act (34 U.S.C. 40901) shall be updated
7 to reflect the status of the person. Restoration under this
8 subparagraph is not available for a current or former
9 spouse, parent, or guardian of the victim, a person with
10 whom the victim shares a child in common, a person who
11 is cohabiting with or has cohabited with the victim as a
12 spouse, parent, or guardian, or a person similarly situated
13 to a spouse, parent, or guardian of the victim.’’.

16

TITLE III—OTHER MATTERS
Subtitle A—Extension of
Moratorium

17

SEC. 13101. EXTENSION OF MORATORIUM ON IMPLEMENTA-

18

TION OF RULE RELATING TO ELIMINATING

19

THE ANTI-KICKBACK STATUTE SAFE HARBOR

20

PROTECTION FOR PRESCRIPTION DRUG RE-

21

BATES.

14
15

22

Section 90006 of division I of the Infrastructure In-

23 vestment and Jobs Act (42 U.S.C. 1320a–7b note) is amend24 ed by striking ‘‘January 1, 2026’’ and inserting ‘‘January
25 1, 2027’’.

† S 2938 EAS

56
1
2
3
4

Subtitle B—Medicare Improvement
Fund
SEC. 13201. MEDICARE IMPROVEMENT FUND.

Section 1898(b)(1) of the Social Security Act (42

5 U.S.C. 1395iii(b)(1)) is amended by striking ‘‘fiscal year
6 2021, $5,000,000’’ and inserting ‘‘fiscal year 2022,
7 $7,500,000,000’’.
8
9
10
11

Subtitle C—Luke and Alex School
Safety Act of 2022
SEC. 13301. SHORT TITLE.

This subtitle may be cited as the ‘‘Luke and Alex

12 School Safety Act of 2022’’.
13

SEC. 13302. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY

14
15

EVIDENCE-BASED PRACTICES.

(a) IN GENERAL.—Subtitle A of title XXII of the

16 Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is
17 amended by adding at the end the following:
18

‘‘SEC. 2220D. FEDERAL CLEARINGHOUSE ON SCHOOL SAFE-

19

TY EVIDENCE-BASED PRACTICES.

20
21

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN

GENERAL.—The

Secretary, in coordina-

22

tion with the Secretary of Education, the Attorney

23

General, and the Secretary of Health and Human

24

Services, shall establish a Federal Clearinghouse on

25

School Safety Evidence-based Practices (in this sec† S 2938 EAS

57
1

tion referred to as the ‘Clearinghouse’) within the De-

2

partment.

3

‘‘(2) PURPOSE.—The Clearinghouse shall serve

4

as a Federal resource to identify and publish online

5

through SchoolSafety.gov, or any successor website,

6

evidence-based practices and recommendations to im-

7

prove school safety for use by State and local edu-

8

cational agencies, institutions of higher education,

9

State and local law enforcement agencies, health pro-

10
11

fessionals, and the general public.
‘‘(3) PERSONNEL.—

12

‘‘(A)

ASSIGNMENTS.—The

Clearinghouse

13

shall be assigned such personnel and resources as

14

the Secretary considers appropriate to carry out

15

this section.

16

‘‘(B) DETAILEES.—The Secretary of Edu-

17

cation, the Attorney General, and the Secretary

18

of Health and Human Services may detail per-

19

sonnel to the Clearinghouse.

20

‘‘(4) EXEMPTIONS.—

21

‘‘(A) PAPERWORK

REDUCTION ACT.—Chap-

22

ter 35 of title 44, United States Code (commonly

23

known as the ‘Paperwork Reduction Act’), shall

24

not apply to any rulemaking or information col-

25

lection required under this section.

† S 2938 EAS

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1

‘‘(B)

FEDERAL

ADVISORY

COMMITTEE

2

ACT.—The

3

U.S.C. App.) shall not apply for the purposes of

4

carrying out this section.

5

‘‘(b) CLEARINGHOUSE CONTENTS.—

Federal Advisory Committee Act (5

6

‘‘(1) CONSULTATION.—In identifying the evi-

7

dence-based practices and recommendations for the

8

Clearinghouse, the Secretary shall—

9

‘‘(A) consult with appropriate Federal,

10

State, local, Tribal, private sector, and non-

11

governmental

12

rights and disability rights organizations; and

organizations,

including

civil

13

‘‘(B) consult with the Secretary of Edu-

14

cation to ensure that evidence-based practices

15

published by the Clearinghouse are aligned with

16

evidence-based practices to support a positive

17

and safe learning environment for all students.

18

‘‘(2) CRITERIA

FOR EVIDENCE-BASED PRACTICES

19

AND RECOMMENDATIONS.—The

20

tices and recommendations of the Clearinghouse

21

shall—

22
23

evidence-based prac-

‘‘(A) include comprehensive evidence-based
school safety measures;

24

‘‘(B) include the evidence or research ra-

25

tionale supporting the determination of the

† S 2938 EAS

59
1

Clearinghouse that the evidence-based practice or

2

recommendation under subparagraph (A) has

3

been shown to have a significant effect on im-

4

proving the health, safety, and welfare of persons

5

in school settings, including—

6

‘‘(i) relevant research that is evidence-

7

based, as defined in section 8101 of the Ele-

8

mentary and Secondary Education Act of

9

1965 (20 U.S.C. 7801), supporting the evi-

10

dence-based practice or recommendation;

11

‘‘(ii) findings and data from previous

12

Federal

13

mending improvements to the safety posture

14

of a school; or

or

State

commissions

recom-

15

‘‘(iii) other supportive evidence or

16

findings relied upon by the Clearinghouse

17

in determining evidence-based practices and

18

recommendations, as determined in con-

19

sultation with the officers described in sub-

20

section (a)(3)(B);

21

‘‘(C) include information on Federal pro-

22

grams for which implementation of each evi-

23

dence-based practice or recommendation is an el-

24

igible use for the program;

† S 2938 EAS

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1

‘‘(D) be consistent with Federal civil rights

2

laws, including title II of the Americans with

3

Disabilities Act of 1990 (42 U.S.C. 12131 et

4

seq.), the Rehabilitation Act of 1973 (29 U.S.C.

5

701 et seq.), and title VI of the Civil Rights Act

6

of 1964 (42 U.S.C. 2000d et seq.); and

7

‘‘(E) include options for developmentally

8

appropriate recommendations for use in edu-

9

cational settings with respect to children’s ages

10

and physical, social, sensory, and emotionally

11

developmental statuses.

12

‘‘(3) PAST

COMMISSION RECOMMENDATIONS.—

13

The Clearinghouse shall present, as determined in

14

consultation with the officers described in subsection

15

(a)(3)(B), Federal, State, local, Tribal, private sector,

16

and nongovernmental organization issued best prac-

17

tices and recommendations and identify any best

18

practice or recommendation of the Clearinghouse that

19

was previously issued by any such organization or

20

commission.

21

‘‘(c) ASSISTANCE

AND

TRAINING.—The Secretary may

22 produce and publish materials on the Clearinghouse to as23 sist and train educational agencies and law enforcement
24 agencies on the implementation of the evidence-based prac25 tices and recommendations.

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1

‘‘(d) CONTINUOUS IMPROVEMENT.—The Secretary

2 shall—
3
4

‘‘(1) collect for the purpose of continuous improvement of the Clearinghouse—

5

‘‘(A) Clearinghouse data analytics;

6

‘‘(B) user feedback on the implementation of

7

resources, evidence-based practices, and rec-

8

ommendations identified by the Clearinghouse;

9

and

10

‘‘(C) any evaluations conducted on imple-

11

mentation of the evidence-based practices and

12

recommendations of the Clearinghouse; and

13

‘‘(2) in coordination with the Secretary of Edu-

14

cation, the Secretary of Health and Human Services,

15

and the Attorney General—

16

‘‘(A) regularly assess and identify Clearing-

17

house evidence-based practices and recommenda-

18

tions for which there are no resources available

19

through Federal Government programs for im-

20

plementation; and

21

‘‘(B) establish an external advisory board,

22

which shall be comprised of appropriate State,

23

local, Tribal, private sector, and nongovern-

24

mental organizations, including organizations

25

representing parents of elementary and sec-

† S 2938 EAS

62
1

ondary school students, representative from civil

2

rights organizations, representatives of disability

3

rights organizations, representatives of educators,

4

representatives of law enforcement, and nonprofit

5

school safety and security organizations, to—

6

‘‘(i) provide feedback on the implemen-

7

tation of evidence-based practices and rec-

8

ommendations of the Clearinghouse; and

9

‘‘(ii) propose additional recommenda-

10

tions for evidence-based practices for inclu-

11

sion in the Clearinghouse that meet the re-

12

quirements

13

(b)(2)(B).

14

described

in

subsection

‘‘(e) PARENTAL ASSISTANCE.—The Clearinghouse shall

15 produce materials in accessible formats to assist parents
16 and legal guardians of students with identifying relevant
17 Clearinghouse resources related to supporting the imple18 mentation of Clearinghouse evidence-based practices and
19 recommendations.’’.
20

(b) TECHNICAL AMENDMENTS.—The table of contents

21 in section 1(b) of the Homeland Security Act of 2002 (Pub22 lic Law 107–296; 116 Stat. 2135) is amended by adding
23 at the end the following:
‘‘Sec. 2220D. Federal Clearinghouse on School Safety Evidence-based Practices.’’.

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1
2
3

SEC. 13303. NOTIFICATION OF CLEARINGHOUSE.

(a) NOTIFICATION
CATION.—The

BY THE

SECRETARY

OF

EDU-

Secretary of Education shall provide written

4 notification of the publication of the Federal Clearinghouse
5 on School Safety Evidence-based Practices (referred to in
6 this section and section 13304 as the ‘‘Clearinghouse’’), as
7 required to be established under section 2220D of the Home8 land Security Act of 2002, as added by section 13302 of
9 this Act, to—
10
11

(1) every State and local educational agency;
and

12

(2) other Department of Education partners in

13

the implementation of the evidence-based practices

14

and recommendations of the Clearinghouse, as deter-

15

mined appropriate by the Secretary of Education.

16

(b) NOTIFICATION

BY THE

SECRETARY

OF

HOMELAND

17 SECURITY.—The Secretary of Homeland Security shall pro18 vide written notification of the publication of the Clearing19 house, as required to be established under section 2220D of
20 the Homeland Security Act of 2002, as added by section
21 13302 of this Act, to—
22

(1) every State homeland security advisor;

23

(2) every State department of homeland security;

24

and

25

(3) other Department of Homeland Security

26

partners in the implementation of the evidence-based
† S 2938 EAS

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1

practices and recommendations of the Clearinghouse,

2

as determined appropriate by the Secretary of Home-

3

land Security.

4

(c) NOTIFICATION

5

AND

BY THE

SECRETARY

OF

HEALTH

HUMAN SERVICES.—The Secretary of Health and

6 Human Services shall provide written notification of the
7 publication of the Clearinghouse, as required to be estab8 lished under section 2220D of the Homeland Security Act
9 of 2002, as added by section 13302 of this Act, to—
10

(1) every State department of public health; and

11

(2) other Department of Health and Human

12

Services partners in the implementation of the evi-

13

dence-based practices and recommendations of the

14

Clearinghouse, as determined appropriate by the Sec-

15

retary of Health and Human Services.

16

(d) NOTIFICATION

BY THE

ATTORNEY GENERAL.—The

17 Attorney General shall provide written notification of the
18 publication of the Clearinghouse, as required to be estab19 lished under section 2220D of the Homeland Security Act
20 of 2002, as added by section 13302 of this Act, to—
21

(1) every State department of justice; and

22

(2) other Department of Justice partners in the

23

implementation of the evidence-based practices and

24

recommendations of the Clearinghouse, as determined

25

appropriate by the Attorney General.

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1
2

SEC. 13304. GRANT PROGRAM REVIEW.

(a) FEDERAL GRANTS

AND

RESOURCES.—Not later

3 than 1 year after the date of enactment of this Act, the
4 Clearinghouse or the external advisory board established
5 under section 2220D of the Homeland Security Act of 2002,
6 as added by this subtitle, shall—
7

(1) review grant programs and identify any

8

grant program that may be used to implement evi-

9

dence-based practices and recommendations of the

10

Clearinghouse;

11

(2) identify any evidence-based practices and

12

recommendations of the Clearinghouse for which there

13

is not a Federal grant program that may be used for

14

the purposes of implementing the evidence-based prac-

15

tice or recommendation as applicable to the agency;

16

and

17

(3) periodically report any findings under para-

18

graph (2) to the appropriate committees of Congress.

19

(b) STATE GRANTS

AND

RESOURCES.—The Clearing-

20 house shall, to the extent practicable, identify, for each
21 State—
22

(1) each agency responsible for school safety in

23

the State, or any State that does not have such an

24

agency designated;

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1

(2) any grant program that may be used for the

2

purposes of implementing evidence-based practices

3

and recommendations of the Clearinghouse; and

4

(3) any resources other than grant programs that

5

may be used to assist in implementation of evidence-

6

based practices and recommendations of the Clearing-

7

house.

8
9

SEC. 13305. RULES OF CONSTRUCTION.

(a) WAIVER OF REQUIREMENTS.—Nothing in this sub-

10 title or the amendments made by this subtitle shall be con11 strued to create, satisfy, or waive any requirement under—
12
13
14
15
16
17
18
19
20

(1) title II of the Americans With Disabilities
Act of 1990 (42 U.S.C. 12131 et seq.);
(2) the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.);
(3) title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.);
(4) title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.); or
(5) the Age Discrimination Act of 1975 (42

21

U.S.C. 6101 et seq.).

22

(b) PROHIBITION

23

DATED, OR

ON

FEDERALLY DEVELOPED, MAN-

ENDORSED CURRICULUM.—Nothing in this sub-

24 title or the amendments made by this subtitle shall be con25 strued to authorize any officer or employee of the Federal

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1 Government to engage in an activity otherwise prohibited
2 under section 103(b) of the Department of Education Orga3 nization Act (20 U.S.C. 3403(b)).
4
5
6
7

Subtitle D—Amendment on ESEA
Funding
SEC. 13401. AMENDMENT ON ESEA FUNDING.

Section 8526 of the Elementary and Secondary Edu-

8 cation Act of 1965 (20 U.S.C. 7906) is amended—
9
10
11
12

(1) in paragraph (5), by striking ‘‘or’’ after the
semicolon;
(2) in paragraph (6), by striking the period at
the end and inserting ‘‘; or’’; and

13

(3) by adding at the end the following:

14

‘‘(7) for the provision to any person of a dan-

15

gerous weapon, as defined in section 930(g)(2) of title

16

18, United States Code, or training in the use of a

17

dangerous weapon.’’.

18
19

DIVISION B—APPROPRIATIONS
The following sums are appropriated, out of any

20 money in the Treasury not otherwise appropriated, for the
21 fiscal year ending September 30, 2022, and for other pur22 poses, namely:

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1

TITLE I

2

DEPARTMENT OF JUSTICE

3

FEDERAL BUREAU

4
5

OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Ex-

6 penses’’, $100,000,000, to remain available until expended,
7 to meet additional resource needs of the National Instant
8 Criminal Background Check System.
9

STATE

AND

10
11
12

LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE

OF

JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for ‘‘State and Local Law

13 Enforcement Assistance’’, $1,400,000,000, to remain avail14 able until expended, for grants to be administered by the
15 Office of Justice Programs: Provided, That $280,000,000,
16 to remain available until expended, shall be made available
17 for fiscal year 2022, $280,000,000, to remain available
18 until expended, shall be made available for fiscal year 2023,
19 $280,000,000, to remain available until expended, shall be
20 made available for fiscal year 2024, $280,000,000, to re21 main available until expended, shall be made available for
22 fiscal year 2025, and $280,000,000, to remain available
23 until expended, shall be made available for fiscal year 2026:
24 Provided further, That of the funds made available under
25 this heading in this Act, the following amounts shall be for

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1 the following purposes in equal amounts for each of fiscal
2 years 2022 through 2026—
3

(1) $750,000,000 shall be awarded pursuant to

4

the formula allocation (adjusted in proportion to the

5

relative amounts statutorily designated therefor) that

6

was used in the fiscal year prior to the year for which

7

funds are provided for the Edward Byrne Memorial

8

Justice Assistance Grant program, as authorized by

9

subpart 1 of part E of title I of the Omnibus Crime

10

Control and Safe Streets Acts of 1968 (Public Law

11

90–351) (the ‘‘1968 Act’’), and shall be for the pur-

12

poses described in section 501(a)(1)(I) of title I of the

13

1968 Act, as amended by title II of division A of this

14

Act: Provided further, That the allocation provisions

15

under sections 505(a) through (e), the special rules for

16

Puerto Rico under section 505(g), and section 1001(c)

17

of title I of the 1968 Act shall not apply to the

18

amount described in this paragraph;

19

(2) $200,000,000 shall be for grants administered

20

by the Bureau of Justice Assistance for purposes au-

21

thorized under the STOP School Violence Act of 2018

22

(title V of division S of Public Law 115–141);

23

(3) $200,000,000 shall be for grants to the States

24

to upgrade criminal and mental health records for the

25

National Instant Criminal Background Check Sys-

† S 2938 EAS

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1

tem, including grants to assist States in providing

2

disqualifying juvenile records under subsection (g) or

3

(n) of section 922 of title 18, United States Code: Pro-

4

vided further, That the grants described in this para-

5

graph shall be available to State criminal record re-

6

positories and State court systems; and

7
8
9
10
11

(4) $250,000,000 shall be for a community violence intervention and prevention initiative.
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

For an additional amount for ‘‘Community Oriented

12 Policing Services Programs’’, $100,000,000, to remain
13 available until expended, for competitive grants to be ad14 ministered by the Community Oriented Policing Services
15 Office for purposes authorized under the STOP School Vio16 lence Act of 2018 (title V of division S of Public Law 115–
17 141): Provided, That $20,000,000, to remain available until
18 expended, shall be made available for fiscal year 2022,
19 $20,000,000, to remain available until expended, shall be
20 made available for fiscal year 2023, $20,000,000, to remain
21 available until expended, shall be made available for fiscal
22 year 2024, $20,000,000, to remain available until expended,
23 shall be made available for fiscal year 2025, and
24 $20,000,000, to remain available until expended, shall be
25 made available for fiscal year 2026.

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1
2

GENERAL PROVISIONS—THIS TITLE
SEC. 21001. None of the funds made available by this

3 title may be transferred in this or any future fiscal year
4 pursuant to the authority in section 205 of the Commerce,
5 Justice, Science, and Related Agencies Appropriations Act,
6 2022, or any successor provision in a subsequently enacted
7 appropriations Act.
8

SEC. 21002. (a) The Department of Justice shall pro-

9 vide a detailed spend plan for the fiscal year 2022 and 2023
10 funds made available in this title to the Committees on Ap11 propriations of the House of Representatives and the Senate
12 within 45 days after the enactment of this Act and, for each
13 of fiscal years 2024 through 2026, as part of the annual
14 budget submission of the President under section 1105(a)
15 of title 31, United States Code, the Attorney General shall
16 submit a detailed spend plan for the funds made available
17 in this title in that fiscal year.
18

(b) The spend plan described in subsection (a) shall

19 include a specific and detailed description of the intended
20 administration, review processes, allowable purposes, eligi21 bility requirements, and priority areas or weightings for
22 the grant programs funded in this title.

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72
1

TITLE II

2

DEPARTMENT OF HEALTH AND HUMAN

3

SERVICES

4

SUBSTANCE ABUSE

AND

MENTAL HEALTH SERVICES

5

ADMINISTRATION

6

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

7

For an additional amount for ‘‘Health Surveillance

8 and Program Support’’, $800,000,000, to remain available
9 until September 30, 2025: Provided, That $312,500,000, to
10 remain available until December 31, 2022, shall be made
11 available for fiscal year 2022, $162,500,000, to remain
12 available until September 30, 2023, shall be made available
13 for fiscal year 2023, $162,500,000, to remain available
14 until September 30, 2024, shall be made available for fiscal
15 year 2024, and $162,500,000, to remain available until
16 September 30, 2025, shall be made available for fiscal year
17 2025: Provided further, That of the funds made available
18 under this heading in this Act, the following amounts shall
19 be for the following purposes in equal amounts for each of
20 fiscal years 2022 through 2025, unless stated otherwise—
21

(1) $250,000,000 shall be for grants for the com-

22

munity mental health services block grant program

23

under subpart I of part B of title XIX of the Public

24

Health Service Act;

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1
2

(2) $40,000,000 shall be for National Child
Traumatic Stress Network;

3

(3) $240,000,000 shall be for activities and serv-

4

ices under Project AWARE, of which no less than

5

$28,000,000 shall be for activities described in section

6

7134 of Public Law 115–271;

7
8
9
10

(4) $120,000,000 shall be for Mental Health
Awareness Training; and
(5) $150,000,000 shall be for the National Suicide Prevention Lifeline for fiscal year 2022.

11

OFFICE

OF THE

SECRETARY

12

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

13

(INCLUDING TRANSFER OF FUNDS)

14

For an additional amount for ‘‘Public Health and So-

15 cial Services Emergency Fund’’, $190,000,000, to remain
16 available until September 30, 2026: Provided, That
17 $82,000,000, to remain available until December 31, 2022,
18 shall be made available for fiscal year 2022, $32,000,000,
19 to remain available until September 30, 2023, shall be made
20 available for fiscal year 2023, $32,000,000, to remain avail21 able until September 30, 2024, shall be made available for
22 fiscal year 2024, $32,000,000, to remain available until
23 September 30, 2025, shall be made available for fiscal year
24 2025, and $12,000,000, to remain available until Sep25 tember 30, 2026, shall be made available for fiscal year

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1 2026: Provided further, That of the funds made available
2 under this heading in this Act, the following amounts shall
3 be for the following purposes in equal amounts for each of
4 fiscal years 2022 through 2026, unless stated otherwise—
5

(1) $60,000,000 shall be for primary care train-

6

ing and enhancement under section 747 of the Public

7

Health Service Act (42 U.S.C. 293k) to provide men-

8

tal and behavioral health care training as part of the

9

training of pediatricians and other primary care cli-

10

nicians who plan to provide care for pediatric popu-

11

lations and other vulnerable populations, such as vic-

12

tims of abuse or trauma, and individuals with mental

13

health or substance use disorders: Provided further,

14

That section 747(c)(2) of the Public Health Service

15

Act (42 U.S.C. 293k(c)(2)) shall not apply to funding

16

made available in this paragraph: Provided further,

17

That such funds shall be transferred to ‘‘Health Re-

18

sources and Services Administration—Health Work-

19

force’’;

20

(2) $80,000,000 shall be for pediatric mental

21

health care access under section 330M of the Public

22

Health Service Act (42 U.S.C. 254c–19), in equal

23

amounts for each of fiscal years 2022 through 2025:

24

Provided further, That such funds shall be transferred

† S 2938 EAS

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1

to ‘‘Health Resources and Services Administration—

2

Maternal and Child Health’’; and

3

(3) $50,000,000, to remain available until ex-

4

pended, shall be for carrying out subsection (b) of sec-

5

tion 11003 of division A of this Act for fiscal year

6

2022: Provided further, That such funds shall be

7

transferred to ‘‘Centers for Medicare & Medicaid

8

Services—Grants to States for Medicaid’’.

9

DEPARTMENT OF EDUCATION

10

SCHOOL IMPROVEMENT PROGRAMS

11

For an additional amount for ‘‘School Improvement

12 Programs’’, $1,050,000,000, to remain available through
13 September 30, 2025, for carrying out subpart 1 of part A
14 of title IV and part B of title IV of the Elementary and
15 Secondary Education of 1965 (referred to in this Act as
16 ‘‘ESEA’’), in addition to amounts otherwise available for
17 such purposes: Provided, That $50,000,000, to remain
18 available through September 30, 2023, shall be for carrying
19 out part B of title IV of the ESEA: Provided further, That
20 the Secretary shall increase support for the implementation
21 of evidence-based practices intended to increase attendance
22 and engagement of students in the middle grades and high
23 school in community learning centers using funds in the
24 preceding proviso: Provided further, That $1,000,000,000
25 shall be for activities under section 4108 of the ESEA and,

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1 notwithstanding section 4105 of such Act, States shall make
2 awards on a competitive basis to high-need local edu3 cational agencies as determined by the State.
4
5

SAFE SCHOOLS

AND

CITIZENSHIP EDUCATION

For an additional amount for ‘‘Safe Schools and Citi-

6 zenship Education’’, $1,000,000,000, to remain available
7 through December 31, 2026: Provided, That $200,000,000,
8 to remain available until March 31, 2023, shall be made
9 available for fiscal year 2022, $200,000,000, to remain
10 available until December 31, 2023, shall be made available
11 for fiscal year 2023, $200,000,000, to remain available
12 until December 31, 2024, shall be made available for fiscal
13 year 2024, $200,000,000, to remain available until Decem14 ber 31, 2025, shall be made available for fiscal year 2025,
15 and $200,000,000, to remain available until December 31,
16 2026, shall be made available for fiscal year 2026: Provided
17 further, That not more than two percent of each of such
18 amounts may be used for program administration, tech19 nical assistance, data collection, and dissemination of best
20 practices: Provided further, That of the funds made avail21 able under this heading in this Act, the following amounts
22 shall be available for the following purposes in equal
23 amounts for each of fiscal years 2022 through 2026—

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1

(1) $500,000,000 shall be for carrying out School

2

Based Mental Health Services Grants, in addition to

3

amounts otherwise available for such purposes; and

4

(2) $500,000,000 shall be for carrying out Men-

5

tal

6

Grants, in addition to amounts otherwise available

7

for such purposes.

8
9

Health

Services

Professional

Demonstration

GENERAL PROVISIONS—THIS TITLE
SEC. 22001. None of the funds made available by this

10 title may be transferred in this or any future fiscal year
11 pursuant to the authority in section 205 or section 302 of
12 the Departments of Labor, Health and Human Services,
13 and Education, and Related Agencies Appropriations Act,
14 2022 (division H of Public Law 117–103), or any successor
15 provision in a subsequently enacted appropriations Act, or
16 section 241(a) of the Public Health Service Act.
17

SEC. 22002. Not later than 30 days after the date of

18 enactment of this Act, the Secretaries of Health and Human
19 Services and Education shall each provide a detailed spend
20 plan of anticipated uses of funds made available to their
21 respective Departments in this title, including estimated
22 personnel and administrative costs, to the Committees on
23 Appropriations of the House of Representatives and the
24 Senate: Provided, That such plans shall be updated and
25 submitted to such Committees every 60 days until all funds

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78
1 are expended: Provided further, That the spend plans shall
2 be accompanied by a listing of each contract obligation in3 curred that exceeds $5,000,000 which has not previously
4 been reported, including the amount of each such obligation:
5 Provided further, That the Committees on Appropriations
6 of the House of Representatives and the Senate shall be
7 briefed on obligations quarterly until all funds are ex8 pended.
9

SEC. 22003. Not later than 60 days after the date of

10 enactment of this Act, the Secretaries of Health and Human
11 Services and Education shall each provide biweekly obliga12 tion reports for funds made available to their respective De13 partments in this title, including anticipated uses of funds
14 made available in this title, to the Committees on Appro15 priations of the House of Representatives and the Senate:
16 Provided, That such reports shall be updated and submitted
17 biweekly to the Committees until all funds are expended.
18

TITLE III

19

GENERAL PROVISIONS—THIS DIVISION

20

SEC. 23001. Each amount appropriated or made

21 available by this division is in addition to amounts other22 wise appropriated for the fiscal year involved.
23

SEC. 23002. No part of any appropriation contained

24 in this division shall remain available for obligation beyond
25 the current fiscal year unless expressly so provided herein.

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1

SEC. 23003. Unless otherwise provided for by this divi-

2 sion, the additional amounts appropriated by this division
3 to appropriations accounts shall be available under the au4 thorities and conditions applicable to such appropriations
5 accounts for fiscal year 2022.
6

SEC. 23004. Each amount provided by this division

7 is designated by the Congress as being for an emergency
8 requirement pursuant to section 4001(a)(1) and section
9 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
10 resolution on the budget for fiscal year 2022.
11

SEC. 23005. (a) STATUTORY PAYGO SCORECARDS.—

12 The budgetary effects of each division of this Act shall not
13 be entered on either PAYGO scorecard maintained pursu14 ant to section 4(d) of the Statutory Pay As-You-Go Act of
15 2010.
16

(b) SENATE PAYGO SCORECARDS.—The budgetary ef-

17 fects of each division of this Act shall not be entered on
18 any PAYGO scorecard maintained for purposes of section
19 4106 of H. Con. Res. 71 (115th Congress).
20

(c) CLASSIFICATION

OF

BUDGETARY EFFECTS.—Not-

21 withstanding Rule 3 of the Budget Scorekeeping Guidelines
22 set forth in the joint explanatory statement of the committee
23 of conference accompanying Conference Report 105–217
24 and section 250(c)(7) and (c)(8) of the Balanced Budget
25 and Emergency Deficit Control Act of 1985, the budgetary

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1 effects of this division shall be estimated for purposes of sec2 tion 251 of such Act and as appropriations for discre3 tionary accounts for purposes of the allocation to the Com4 mittee on Appropriations pursuant to section 302(a) of the
5 Congressional Budget Act of 1974 and section 4001 of S.
6 Con. Res. 14 (117th Congress), the concurrent resolution on
7 the budget for fiscal year 2022.
8

This division may be cited as the ‘‘Bipartisan Safer

9 Communities Supplemental Appropriations Act, 2022’’.
Amend the title so as to read: ‘‘An Act to make our
communities safer.’’.
Attest:

Secretary.

† S 2938 EAS

117TH CONGRESS
2D SESSION

S. 2938

SENATE AMENDMENTS TO
HOUSE AMENDMENT