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pdfIn 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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3
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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4
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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5
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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6
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
† S 2938 EAS
7
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
† S 2938 EAS
8
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
10
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.
† S 2938 EAS
11
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.
† S 2938 EAS
12
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.—
† S 2938 EAS
13
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
† S 2938 EAS
14
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-
† S 2938 EAS
15
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;
† S 2938 EAS
16
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
† S 2938 EAS
17
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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18
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.
† S 2938 EAS
19
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;
† S 2938 EAS
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.
† S 2938 EAS
21
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
† S 2938 EAS
22
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
47
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
† S 2938 EAS
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
† S 2938 EAS
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:
† S 2938 EAS
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
58
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
60
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.
† S 2938 EAS
61
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.’’.
† S 2938 EAS
63
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
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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
† S 2938 EAS
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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
† S 2938 EAS
69
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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71
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.
† S 2938 EAS
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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;
† S 2938 EAS
73
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
† S 2938 EAS
74
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,
† S 2938 EAS
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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—
† S 2938 EAS
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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
† S 2938 EAS
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.
† S 2938 EAS
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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
† S 2938 EAS
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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
File Type | application/pdf |
File Modified | 2022-06-28 |
File Created | 2022-06-24 |