S. 2938 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

An Act 

To make our communities safer. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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

(a) DESIGNATION.—The United States Courthouse and Federal 

Building located at 111 North Adams Street in Tallahassee, Florida, 

shall be known and designated as the ‘‘Joseph Woodrow Hatchett 

United States Courthouse and Federal Building’’. 

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

document, paper, or other record of the United States to the United 

States Courthouse and Federal Building referred to in subsection 

(a) shall be deemed to be a reference to the ‘‘Joseph Woodrow 

Hatchett United States Courthouse and Federal Building’’. 

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

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

Service located at 120 4th Street in Petaluma, California, shall 

be known and designated as the ‘‘Lynn C. Woolsey Post Office 

Building’’. 

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

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Lynn C. Woolsey Post Office Building’’. 

SEC. 3. SHORT TITLE; TABLE OF CONTENTS. 

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

Safer Communities Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for 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. 

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. 
S. 2938—2 

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. 13301. Short title. 

Sec. 13302. Federal Clearinghouse on School Safety Evidence-based Practices. 

Sec. 13303. Notification of clearinghouse. 

Sec. 13304. Grant program review. 

Sec. 13305. Rules of construction. 

Subtitle D—Amendment on ESEA Funding 

Sec. 13401. Amendment on ESEA funding. 

DIVISION B—APPROPRIATIONS 

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. 

Section 223 of the Protecting Access to Medicare Act of 2014 

(42 U.S.C. 1396a note) is amended— 

(1) in subsection (c), by adding at the end the following 

new paragraph: 

‘‘(3) ADDITIONAL PLANNING GRANTS FOR STATES.—In addition to the planning grants awarded under paragraph (1), as 

soon as practicable after the date of enactment of this paragraph, the Secretary shall award planning grants to States 

(other than States selected to conduct demonstration programs 

under paragraph (1) or (8) of subsection (d)) to develop proposals 

to participate in time-limited demonstration programs described 

in subsection (d) so that, beginning July 1, 2024, and every 

2 years thereafter, up to 10 additional States may participate 

in the demonstration programs described in subsection (d) in 

accordance with paragraph (9) of that subsection.’’; 

(2) in subsection (d)— 

(A) in paragraph (3)— 

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

‘‘September 30, 2025’’; and 

(ii) by striking ‘‘Subject to paragraph (8)’’ and 

inserting ‘‘Subject to paragraphs (8) and (9)’’; 

(B) in paragraph (5)— 

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

clause (i), by striking ‘‘that is furnished’’ and inserting 
S. 2938—3 

‘‘that is furnished by a State participating in an 

ongoing demonstration program under this subsection’’; 

(ii) in subparagraph (C)(iii)— 

(I) in subclause (I), by striking ‘‘September 

30, 2023; and’’ and inserting ‘‘September 30, 

2025;’’; 

(II) in subclause (II), by striking ‘‘under paragraph (8)’’ and all that follows through the period 

and inserting ‘‘under paragraph (8), during the 

first 24 fiscal quarter period (or any portion of 

such period) that the State participates in the 

demonstration program; and’’; and 

(III) by adding at the end the following new 

subclause: 

‘‘(III) in the case of a State selected to participate in the demonstration program under paragraph (9), during the first 16 fiscal quarter period 

(or any portion of such period) that the State 

participates in the demonstration program.’’; and 

(iii) by adding at the end the following: 

‘‘(D) RULE OF CONSTRUCTION.—Nothing in this section 

shall be construed as prohibiting a State that participated 

in a demonstration program under this subsection that 

has ended from receiving Federal financial participation 

under title XIX of the Social Security Act for amounts 

expended by the State under a State plan under such 

title (or a waiver of such plan) for providing medical assistance for items and services, and carrying out activities, 

including continuing to pay for services under the prospective payment system established under subsection (c), that 

were provided or carried out by the State under the demonstration program, to the extent such financial participation is otherwise available under such title.’’; 

(C) in paragraph (7)— 

(i) in subparagraph (A), by inserting ‘‘through the 

year in which the last demonstration under this section 

ends’’ after ‘‘annually thereafter’’; 

(ii) in subparagraph (B)— 

(I) by striking ‘‘December 31, 2021’’ and 

inserting ‘‘September 30, 2025’’; and 

(II) by adding at the end the following new 

sentence: ‘‘Such recommendations shall include 

data collected after 2019, where feasible.’’; and 

(iii) by adding at the end the following new 

subparagraph: 

‘‘(C) FINAL EVALUATION.—Not later than 24 months 

after all demonstration programs under this section have 

ended, the Secretary shall submit to Congress a final 

evaluation of such programs.’’; 

(D) in paragraph (8)(A), by striking ‘‘2 years’’ and all 

that follows through the period and inserting ‘‘6 years.’’; 

and 

(E) by adding at the end the following new paragraph: 

‘‘(9) FURTHER ADDITIONAL PROGRAMS.— 

‘‘(A) IN GENERAL.—In addition to the States selected 

under paragraphs (1) and (8), the Secretary shall select 

any State that meets the requirements described in 
S. 2938—4 

subparagraph (B) to conduct a demonstration program that 

meets the requirements of this subsection for 4 years. 

‘‘(B) REQUIREMENTS.—The requirements described in 

this subparagraph with respect to a State are that the 

State— 

‘‘(i) was awarded a planning grant under paragraph (1) or (3) of subsection (c); and 

‘‘(ii) submits an application (in addition to any 

application that the State may have previously submitted under this section) that includes the information 

described in paragraph (2)(B). 

‘‘(C) REQUIREMENTS FOR SELECTED STATES.—The 

requirements applicable to States selected under paragraph 

(8) pursuant to subparagraph (C) of such paragraph shall 

apply in the same manner to States selected under this 

paragraph. 

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

than 10 States to conduct a demonstration program under 

this paragraph for each 2 fiscal year period.’’; and 

(3) in subsection (f)(1)— 

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

semicolon; 

(B) in subparagraph (B), by striking the period and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) for purposes of awarding planning grants under 

subsection (c)(3), providing technical assistance to States 

applying for grants under such subsection, and carrying 

out demonstration programs under subsection (d), 

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

expended.’’. 

SEC. 11002. MEDICAID AND TELEHEALTH. 

(a) GUIDANCE TO STATES ON FURNISHING SERVICES THROUGH

TELEHEALTH UNDER MEDICAID AND CHIP.—Not later than 18 

months after the date of enactment of this Act, the Secretary 

shall provide technical assistance and issue guidance to States 

on improving access to telehealth for services covered under Medicaid and CHIP, including with respect to: 

(1) How States can adopt flexibilities under Medicaid and 

CHIP to expand access to covered services via telehealth, 

including when States may adopt such flexibilities without 

the need for approval of a State plan amendment or waiver. 

(2) Best practices regarding billing for services, including 

recommended voluntary billing codes, modifiers, and place of 

service designations and how such billing codes, modifiers, and 

designations can be used to create consistent data sets. 

(3) Strategies for integrating telehealth services into valuebased care models. 

(4) Best practices from States that have used Medicaid 

waivers and other Medicaid authorities to expand access to 

telehealth, including during the COVID–19 public health emergency declared by the Secretary pursuant to section 319 of 

the Public Health Service Act on January 31, 2020, entitled 

‘‘Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus’’, including 

any renewal of such declaration. 
S. 2938—5 

(5) Strategies to promote the delivery of accessible and 

culturally competent care via telehealth, including addressing 

the needs of individuals with disabilities, medically underserved 

urban and rural communities, racial and ethnic minorities such 

as American Indians and Alaska Natives, individuals with limited English proficiency, and individuals of different age groups 

including children, young adults, and seniors; 

(6) Strategies for training and providing resources to providers and patients on the use of telehealth, including working 

with interpreters to furnish health services and providing 

resources in multiple languages. 

(7) Integrating the use of existing video platforms that 

enable multi-person video calls. 

(8) Best practices to support the delivery of covered services 

under Medicaid and CHIP via telehealth in schools, including 

specifically for the provision of mental health and substance 

use disorder services in such settings. 

(9) Strategies for evaluating how the delivery of health 

services via telehealth affects quality, outcomes, and cost under 

Medicaid and CHIP. 

(10) Best practices for conveying information to beneficiaries regarding the availability of telehealth as an option 

to receive services covered under Medicaid and CHIP, including 

the availability of audio-only telehealth, the ability to receive 

such services from a patient’s home, and requirements related 

to in-person visits. 

(b) DEFINITIONS.—In this section: 

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

health insurance program established under title XXI of the 

Social Security Act (42 U.S.C. 1397aa et seq.). 

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

established under title XIX of the Social Security Act (42 U.S.C. 

1396 et seq.). 

(3) SECRETARY.—Except as otherwise provided, the term 

‘‘Secretary’’ means the Secretary of Health and Human Services. 

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

term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 

1301(a)(1)) for purposes of titles XIX and XXI of such Act. 

SEC. 11003. SUPPORTING ACCESS TO HEALTH CARE SERVICES IN 

SCHOOLS. 

(a) GUIDANCE AND TECHNICAL ASSISTANCE.— (1) GUIDANCE.— (A) IN GENERAL.—Not later than 12 months after the 

date of enactment of this Act, the Secretary, in consultation 

with the Secretary of Education, shall issue guidance to 

State Medicaid agencies, local educational agencies, and 

school-based entities to support the delivery of medical 

assistance to Medicaid and CHIP beneficiaries in schoolbased settings. 

(B) REQUIRED INFORMATION.—The guidance issued 

pursuant to subparagraph (A) shall— 

(i) include updates to the May 2003 Medicaid 

School-Based Administrative Claiming Guide, the 1997 

Medicaid and Schools Technical Assistance Guide, and 

other relevant guidance in effect on the date of enactment of this Act; 
S. 2938—6 

(ii) clarify that payments may be made to schoolbased entities under Medicaid for delivering assistance 

under Medicaid, including any such assistance provided in accordance with an individualized education 

program or under the policy described in the State 

Medicaid Director letter on payment for services issued 

on December 15, 2014 (#14-006); 

(iii) outline strategies and tools to reduce administrative burdens on, and simplify billing for, local educational agencies, in particular small and rural local 

educational agencies, and support compliance with 

Federal requirements regarding billing, payment, and 

recordkeeping, including by aligning direct service 

billing and school-based administrative claiming payment systems; 

(iv) include a comprehensive list of best practices 

and examples of approved methods that State Medicaid 

agencies and local educational agencies have used to 

pay for, and increase the availability of, assistance 

under Medicaid, including expanding State programs 

to include all Medicaid-enrolled students, providing 

early and periodic screening, diagnostic, and treatment 

(EPSDT) services in schools, utilizing telehealth, 

coordinating with community-based mental health and 

substance use disorder treatment providers and 

organizations, coordinating with managed care entities, 

and supporting the provision of culturally competent 

and trauma-informed care in school settings; and 

(v) provide examples of the types of providers 

(which may include qualified school health personnel) 

that States may choose to enroll, deem, or otherwise 

treat as participating providers for purposes of schoolbased programs under Medicaid and best practices 

related to helping such providers enroll in Medicaid 

for purposes of participating in school-based programs 

under Medicaid. 

(2) TECHNICAL ASSISTANCE CENTER.— (A) IN GENERAL.—Not later than 12 months after the 

date of enactment of this Act, the Secretary, in consultation 

with the Secretary of Education, shall establish a technical 

assistance center to— 

(i) assist and expand the capacity of State Medicaid 

agencies and local educational agencies and schoolbased entities to provide assistance under Medicaid; 

(ii) reduce administrative burdens for such agencies and health centers or entities; 

(iii) support State educational agencies, local educational agencies, and school-based entities in 

obtaining payment for the provision of assistance under 

Medicaid; 

(iv) ensure ongoing coordination and collaboration 

between the Department of Health and Human Services and the Department of Education with respect 

to the provision of, and payment for, assistance under 

Medicaid by local educational agencies; and 

(v) provide information to State and local educational agencies and States on how to utilize funding 
S. 2938—7 

from the Department of Health and Human Services, 

the Department of Education, and other Federal agencies to ensure payment under Medicaid for assistance 

provided in school-based settings. 

(B) SMALL AND RURAL SCHOOLS.—The Secretary shall 

ensure that the technical assistance center includes 

resources which are specifically designed to help support 

small and rural local educational agencies in obtaining 

payment for the provision of assistance under Medicaid. 

(C) REPORTING.—The technical assistance center shall, 

on a biennial basis, submit to the Secretary a report on 

the work of the center that identifies the areas where 

the most assistance was requested. 

(3) FUNDING.—Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary to 

carry out this subsection, $8,000,000, for fiscal year 2022, to 

remain available until expended. 

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

$50,000,000 for fiscal year 2022 for the Secretary to award grants 

to States for the purpose of implementing, enhancing, or expanding 

the provision of assistance through school-based entities under Medicaid or CHIP. A State shall not use any grant funds to provide 

medical assistance, child health assistance, or other health services. 

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

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

health insurance program established under title XXI of the 

Social Security Act (42 U.S.C. 1397aa et seq.). 

(2) INDIVIDUALIZED EDUCATION PROGRAM.—The term 

‘‘individualized education program’’ has the meaning given such 

term in section 602(14) of the Individuals with Disabilities 

Education Act (20 U.S.C. 1401(14)). 

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

established under title XIX of the Social Security Act (42 U.S.C. 

1396 et seq.). 

(4) SCHOOL-BASED ENTITY.—The term ‘‘school-based entity’’ 

means— 

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

in section 2110(c)(9) of the Social Security Act (42 U.S.C. 

1397jj(c)(9)); and 

(B) an entity that provides medical assistance in a 

school-based setting for which Federal financial participation is allowed under Medicaid. 

(5) SECRETARY.—Except as otherwise provided, the term 

‘‘Secretary’’ means the Secretary of Health and Human Services. 

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

term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 

1301(a)(1)) for purposes of titles XIX and XXI of such Act. 

(7) STATE EDUCATIONAL AGENCY; LOCAL EDUCATIONAL

AGENCY.—The terms ‘‘State educational agency’’ and ‘‘local educational agency’’ have the meaning given those terms in section 

8101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801). 

SEC. 11004. REVIEW OF STATE IMPLEMENTATION OF EARLY AND PERIODIC SCREENING, DIAGNOSTIC, AND TREATMENT SERVICES. 

(a) REVIEW.— 
S. 2938—8 

(1) IN GENERAL.—Not later than 24 months after the date 

of enactment of Act, and every 5 years thereafter, the Secretary 

shall— 

(A) review State implementation of the requirements 

for providing early and periodic screening, diagnostic, and 

treatment services under Medicaid in accordance with sections 1902(a)(43), 1905(a)(4)(B), and 1905(r) of the Social 

Security Act (42 U.S.C. 1396a(a)(43), 1396d(a)(4)(B), 

1396d(r)), including with respect to the provision of such 

services by managed care organizations, prepaid inpatient 

health plans, prepaid ambulatory health plans, and primary care case managers; 

(B) identify gaps and deficiencies with respect to State 

compliance with such requirements; 

(C) provide technical assistance to States to address 

such gaps and deficiencies; and 

(D) issue guidance to States on the Medicaid coverage 

requirements for such services that includes best practices 

for ensuring children have access to comprehensive health 

care services, including children without a mental health 

or substance use disorder diagnosis. 

(2) REPORTS TO CONGRESS.—Not later than 6 months after 

each date on which the Secretary completes the activities 

described in paragraph (1), the Secretary shall submit to the 

Committee on Finance of the Senate and the Committee on 

Energy and Commerce of the House of Representatives a report 

on the most recent activities completed for purposes of such 

paragraph that includes the findings made, and descriptions 

of actions taken by the Secretary or by States as a result 

of such activities, and any additional actions the Secretary 

plans to carry out or that States are required to carry out 

as a result of such activities. 

(3) FUNDING.—Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary to 

carry out this subsection, to remain available until expended, 

$5,000,000, for each of fiscal years 2023 and 2024, and 

$1,000,000 for each fiscal year thereafter. 

(b) GAO STUDY AND REPORT.— (1) STUDY.—The Comptroller General of the United States 

(in this subsection referred to as the ‘‘Comptroller General’’) 

shall conduct a study evaluating State implementation under 

Medicaid of the early and periodic screening, diagnostic, and 

treatment services benefit required for children by section 

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

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

(42 U.S.C. 1396d(r)) and provided in accordance with the 

requirements of section 1902(a)(43) of such Act (42 U.S.C. 

1396a(a)(43)), specifically with respect to State oversight of 

managed care organizations, prepaid inpatient health plans, 

prepaid ambulatory health plans, and primary care case managers, and shall provide recommendations as appropriate to 

improve State compliance with the requirements for providing 

such benefit, State oversight of managed care organizations, 

prepaid inpatient health plans, prepaid ambulatory health 

plans, and primary care case managers, and oversight of State 

programs under Medicaid by the Administrator of the Centers 

for Medicare & Medicaid Services. 
S. 2938—9 

(2) REPORT.—Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to 

Congress a report on the study conducted under paragraph 

(1) that includes the recommendations required by such paragraph, as well as recommendations for such legislation and 

administrative action as the Comptroller General determines 

appropriate. 

(c) DEFINITIONS.—In this section: 

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

established under title XIX of the Social Security Act (42 U.S.C. 

1396 et seq.). 

(2) SECRETARY.—Except as otherwise provided, the term 

‘‘Secretary’’ means the Secretary of Health and Human Services. 

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

term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 

1301(a)(1)) for purposes of titles XIX and XXI of such Act. 

SEC. 11005. PEDIATRIC MENTAL HEALTH CARE ACCESS GRANTS. 

Section 330M of the Public Health Service Act (42 U.S.C. 254c– 

19) is amended— 

(1) in the section enumerator, by striking ‘‘330M’’ and 

inserting ‘‘330M.’’; 

(2) in subsection (a), in the matter preceding paragraph 

(1)— 

(A) by inserting ‘‘or cooperative agreements’’ after 

‘‘award grants’’; and 

(B) by striking ‘‘Indian tribes and tribal organizations’’ 

and inserting ‘‘Indian Tribes and Tribal organizations’’; 

(3) in subsection (b)— 

(A) in paragraph (1)— 

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

striking ‘‘a grant’’ and inserting ‘‘an award’’; 

(ii) in subparagraph (G), by inserting ‘‘developmental-behavioral pediatricians,’’ after ‘‘psychiatrists,’’; 

(iii) in subparagraph (H), by inserting ‘‘provide 

information to pediatric health care providers about 

available mental health services for children in the 

community and’’ before ‘‘assist’’; and 

(iv) in subparagraph (I), by striking ‘‘problems’’ 

and inserting ‘‘conditions’’; 

(B) by redesignating paragraph (2) as paragraph (3); 

(C) by inserting after paragraph (1) the following: 

‘‘(2) SUPPORT TO SCHOOLS AND EMERGENCY DEPARTMENTS.— 

‘‘(A) IN GENERAL.—In addition to the activities required 

under paragraph (1), a pediatric mental health care access 

program referred to in subsection (a), with respect to which 

an award under such subsection may be used, may provide 

information, consultative support, training, and technical 

assistance to— 

‘‘(i) emergency departments; and 

‘‘(ii) State educational agencies, local educational 

agencies, Tribal educational agencies, and elementary 

and secondary schools. 

‘‘(B) REQUIREMENTS FOR CERTAIN RECIPIENTS.—An 

entity receiving information, consultative support, training, 

and technical assistance under subparagraph (A)(ii) shall 

operate in a manner consistent with, and shall ensure 
S. 2938—10 

consistency with, the requirements of subsections (a) and 

(c) of section 4001 of the Elementary and Secondary Education Act with respect to such information, consultative 

support, training, and technical assistance.’’; and 

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

‘‘, and which may include a developmental-behavioral 

pediatrician’’ before the period at the end of the first sentence; 

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

or tribal organization’’ each place it appears and inserting 

‘‘Indian Tribe, or Tribal organization’’; 

(5) in subsections (c) and (d)— 

(A) by striking ‘‘a grant’’ each place it appears and 

inserting ‘‘an award’’; and 

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

inserting ‘‘such award’’; 

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

‘‘awards’’; 

(7) in subsection (f)— 

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

an award’’; and 

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

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

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

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

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

to recipients of awards under subsection (a); and 

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

nonprofit private entity (as determined by the Secretary) for 

the purpose of providing such technical assistance pursuant 

to this subsection.’’; and 

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

‘‘$9,000,000 for the period of fiscal years 2018 through 2022’’ 

and inserting ‘‘$31,000,000 for each of fiscal years 2023 through 

2027’’. 

TITLE II—FIREARMS 

SEC. 12001. JUVENILE RECORDS. 

(a) IMPROVING NICS EXAMINATION OF JUVENILE RECORDS.— (1) IN GENERAL.—Section 922 of title 18, United States 

Code, is amended— 

(A) in subsection (d)— 

(i) in the matter preceding paragraph (1), by 

inserting ‘‘, including as a juvenile’’ after ‘‘such person’’; 

and 

(ii) in paragraph (4), by inserting ‘‘at 16 years 

of age or older’’ after ‘‘institution’’; and 

(B) in subsection (t)— 

(i) in paragraph (1)— 

(I) in subparagraph (B)(ii)— 

(aa) by inserting ‘‘subject to subparagraph 

(C),’’ before ‘‘3 business days’’; and 

(bb) by striking ‘‘and’’ at the end; 

(II) by redesignating subparagraph (C) as 

subparagraph (D); and 
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(III) by inserting after subparagraph (B) the 

following: 

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

in addition to all other requirements of this chapter— 

‘‘(i) the system provides the licensee with a unique 

identification number; 

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

offices are open) have elapsed since the licensee contacted 

the system, and the system has not notified the licensee 

that cause exists to further investigate a possibly disqualifying juvenile record under subsection (d); or 

‘‘(iii) in the case of such a person with respect to 

whom the system notifies the licensee in accordance with 

clause (ii) that cause exists to further investigate a possibly 

disqualifying juvenile record under subsection (d), 10 business days (meaning a day on which State offices are open) 

have elapsed since the licensee contacted the system, and 

the system has not notified the licensee that— 

‘‘(I) transferring the firearm to the other person 

would violate subsection (d) of this section; or 

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

violate subsection (g) or (n) of this section, or State, 

local, or Tribal law; and’’; 

(ii) in paragraph (2)— 

(I) by inserting ‘‘transfer or’’ before ‘‘receipt’’; 

and 

(II) by striking ‘‘(g) or (n)’’ and inserting ‘‘(d), 

(g), or (n) (as applicable)’’; 

(iii) in paragraph (4)— 

(I) by inserting ‘‘transfer of a firearm to or’’ 

before ‘‘receipt’’; and 

(II) by striking ‘‘(g) or (n)’’ and inserting ‘‘(d), 

(g), or (n) (as applicable)’’; and 

(iv) in paragraph (5)— 

(I) by inserting ‘‘transfer of a firearm to or’’ 

before ‘‘receipt’’; and 

(II) by striking ‘‘(g) or (n)’’ and inserting ‘‘(d), 

(g), or (n) (as applicable)’’. 

(2) NICS REQUIREMENTS.—Section 103 of the Brady 

Handgun Violence Prevention Act (34 U.S.C. 40901) is amended 

by adding at the end the following: 

‘‘(l) REQUIREMENTS RELATING TO BACKGROUND CHECKS FOR

PERSONS UNDER AGE 21.—If a licensee contacts the system established under this section regarding a proposed transfer of a firearm 

to a person less than 21 years of age in accordance with subsection 

(t) of section 922 of title 18, United States Code, the system shall— 

‘‘(1) immediately contact— 

‘‘(A) the criminal history repository or juvenile justice 

information system, as appropriate, of the State in which 

the person resides for the purpose of determining whether 

the person has a possibly disqualifying juvenile record 

under subsection (d) of such section 922; 

‘‘(B) the appropriate State custodian of mental health 

adjudication records in the State in which the person 

resides to determine whether the person has a possibly 

disqualifying juvenile record under subsection (d) of such 

section 922; and 
S. 2938—12 

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

in which the person resides for the purpose of determining 

whether the person has a possibly disqualifying juvenile 

record under subsection (d) of such section 922; 

‘‘(2) as soon as possible, but in no case more than 3 business 

days, after the licensee contacts the system, notify the licensee 

whether cause exists to further investigate a possibly disqualifying juvenile record under subsection (d) of such section 922; 

and 

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

as possible, but in no case more than 10 business days, after 

the licensee contacts the system, notify the licensee whether— 

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

subsection (d) of such section 922; or 

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

subsection (g) or (n) of such section 922, or State, local, 

or Tribal law.’’. 

(3) SUNSET OF REQUIREMENTS TO CONTACT STATE AND LOCAL

ENTITIES.—Effective on September 30, 2032, paragraphs (1)(B) 

and (2) are repealed, and the provisions of law amended by 

those paragraphs are restored as if those paragraphs had not 

been enacted. 

(b) REPORT ON REMOVING OUTDATED, EXPIRED, OR ERRONEOUS

RECORDS.— 

(1) IN GENERAL.—On an annual basis for each fiscal year 

through fiscal year 2032, each State and Federal agency responsible for the submission of disqualifying records under subsection (d), (g), or (n) of section 922 of title 18, United States 

Code, to the national instant criminal background check system 

established under section 103 of the Brady Handgun Violence 

Prevention Act (34 U.S.C. 40901) shall submit to the Committee 

on the Judiciary and the Committee on Appropriations of the 

Senate and the Committee on the Judiciary and the Committee 

on Appropriations of the House of Representatives a report 

detailing the removal from the system of records that no longer 

prohibit an individual from lawfully acquiring or possessing 

a firearm under such subsection (d), (g), or (n). 

(2) CONTENTS.—Each report submitted by a State or Federal agency under paragraph (1) shall include pertinent 

information on— 

(A) the number of records that the State or Federal 

agency removed from the national instant criminal background check system established under section 103 of the 

Brady Handgun Violence Prevention Act (34 U.S.C. 40901) 

during the reporting period; 

(B) why the records were removed; and 

(C) for each record removed, the nature of the disqualifying characteristic outlined in subsection (d), (g), or (n) 

of section 922 of title 18, United States Code, that caused 

the State or Federal agency to originally submit the record 

to the system. 

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

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

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

objective of livelihood and profit’’ and inserting ‘‘to predominantly earn a profit’’; 
S. 2938—13 

(2) by redesignating paragraphs (22) through (29) as paragraphs (23) through (30), respectively; and 

(3) by inserting after paragraph (21) the following: 

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

the intent underlying the sale or disposition of firearms is predominantly one of obtaining pecuniary gain, as opposed to other intents, 

such as improving or liquidating a personal firearms collection: 

Provided, That proof of profit shall not be required as to a person 

who engages in the regular and repetitive purchase and disposition 

of firearms for criminal purposes or terrorism. For purposes of 

this paragraph, the term ‘terrorism’ means activity, directed against 

United States persons, which— 

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

or permanent resident alien of the United States; 

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

which would be a criminal violation if committed within the 

jurisdiction of the United States; and 

‘‘(C) is intended— 

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

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

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

SEC. 12003. USE OF BYRNE GRANTS FOR IMPLEMENTATION OF STATE 

CRISIS INTERVENTION PROGRAMS. 

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

Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 

10152(a)(1)) is amended— 

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

‘‘or civil proceedings’’ after ‘‘criminal justice’’; and 

(2) by adding at the end the following: 

‘‘(I) Implementation of State crisis intervention court 

proceedings and related programs or initiatives, including 

but not limited to— 

‘‘(i) mental health courts; 

‘‘(ii) drug courts; 

‘‘(iii) veterans courts; and 

‘‘(iv) extreme risk protection order programs, which 

must include, at a minimum— 

‘‘(I) pre-deprivation and post-deprivation due 

process rights that prevent any violation or 

infringement of the Constitution of the United 

States, including but not limited to the Bill of 

Rights, and the substantive or procedural due 

process rights guaranteed under the Fifth and 

Fourteenth Amendments to the Constitution of the 

United States, as applied to the States, and as 

interpreted by State courts and United States 

courts (including the Supreme Court of the United 

States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to 

an in-person hearing, an unbiased adjudicator, the 

right to know opposing evidence, the right to 

present evidence, and the right to confront adverse 

witnesses; 
S. 2938—14 

‘‘(II) the right to be represented by counsel 

at no expense to the government; 

‘‘(III) pre-deprivation and post-deprivation 

heightened evidentiary standards and proof which 

mean not less than the protections afforded to 

a similarly situated litigant in Federal court or 

promulgated by the State’s evidentiary body, and 

sufficient to ensure the full protections of the Constitution of the United States, including but not 

limited to the Bill of Rights, and the substantive 

and procedural due process rights guaranteed 

under the Fifth and Fourteenth Amendments to 

the Constitution of the United States, as applied 

to the States, and as interpreted by State courts 

and United States courts (including the Supreme 

Court of the United States). The heightened evidentiary standards and proof under such programs 

must, at all appropriate phases to prevent any 

violation of any constitutional right, at minimum, 

prevent reliance upon evidence that is unsworn 

or unaffirmed, irrelevant, based on inadmissible 

hearsay, unreliable, vague, speculative, and 

lacking a foundation; and 

‘‘(IV) penalties for abuse of the program.’’. 

(b) ANNUAL REPORT ON CRISIS INTERVENTION PROGRAMS.—Section 501 of title I of the Omnibus Crime Control and Safe Streets 

Act of 1968 (34 U.S.C. 10152) is amended by adding at the end 

the following: 

‘‘(h) ANNUAL REPORT ON CRISIS INTERVENTION PROGRAMS.— 

The Attorney General shall publish an annual report with respect 

to grants awarded for crisis intervention programs or initiatives 

under subsection (a)(1)(I) that contains— 

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

intervention programs or initiatives funded by the grants, 

broken down by grant recipient; 

‘‘(2) an evaluation of the effectiveness of the crisis intervention programs or initiatives in preventing violence and suicide; 

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

to safeguard the constitutional rights of an individual subject 

to a crisis intervention program or initiative; and 

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

coordination with the grant recipients, to protect the constitutional rights of individuals subject to the crisis intervention 

programs or initiatives.’’. 

SEC. 12004. STOP ILLEGAL TRAFFICKING IN FIREARMS ACT. 

(a) ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING

AMENDMENTS.— 

(1) IN GENERAL.—Chapter 44 of title 18, United States 

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

‘‘§ 932. Straw purchasing of firearms 

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

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

‘‘(A) has the meaning given that term in section 

924(c)(2); and 
S. 2938—15 

‘‘(B) includes a felony punishable under the law of 

a State for which the conduct constituting the offense would 

constitute a felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), 

or chapter 705 of title 46; 

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

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

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

or State law punishable by imprisonment for a term exceeding 

1 year. 

‘‘(b) VIOLATION.—It shall be unlawful for any person to knowingly purchase, or conspire to purchase, any firearm in or otherwise 

affecting interstate or foreign commerce for, on behalf of, or at 

the request or demand of any other person, knowing or having 

reasonable cause to believe that such other person— 

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

922(d); 

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

dispose of the firearm in furtherance of a felony, a Federal 

crime of terrorism, or a drug trafficking crime; or 

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

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

‘‘(c) PENALTY.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

any person who violates subsection (b) shall be fined under 

this title, imprisoned for not more than 15 years, or both. 

‘‘(2) USE IN FELONIES, CRIMES OF TERRORISM, OR DRUG

TRAFFICKING CRIMES.—If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any 

firearm involved will be used to commit a felony, a Federal 

crime of terrorism, or a drug trafficking crime, the person 

shall be sentenced to a term of imprisonment of not more 

than 25 years. 

‘‘§ 933. Trafficking in firearms 

‘‘(a) IN GENERAL.—It shall be unlawful for any person to— 

‘‘(1) ship, transport, transfer, cause to be transported, or 

otherwise dispose of any firearm to another person in or otherwise affecting interstate or foreign commerce, if such person 

knows or has reasonable cause to believe that the use, carrying, 

or possession of a firearm by the recipient would constitute 

a felony (as defined in section 932(a)); 

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

affecting interstate or foreign commerce, if the recipient knows 

or has reasonable cause to believe that such receipt would 

constitute a felony; or 

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

in paragraph (1) or (2). 

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

be fined under this title, imprisoned for not more than 15 years, 

or both. 

‘‘§ 934. Forfeiture and fines 

‘‘(a) FORFEITURE.— 
S. 2938—16 

‘‘(1) IN GENERAL.—Any person convicted of a violation of 

section 932 or 933 shall forfeit to the United States, irrespective 

of any provision of State law— 

‘‘(A) any property constituting, or derived from, any 

proceeds the person obtained, directly or indirectly, as the 

result of such violation; and 

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

to be used, in any manner or part, to commit, or to facilitate 

the commission of, such violation, except that for any forfeiture of any firearm or ammunition pursuant to this 

section, section 924(d) shall apply. 

‘‘(2) IMPOSITION.—The court, in imposing sentence on a 

person convicted of a violation of section 932 or 933, shall 

order, in addition to any other sentence imposed pursuant 

to section 932 or 933, that the person forfeit to the United 

States all property described in paragraph (1). 

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

from an offense under section 932 or 933 may be fined not more 

than the greater of— 

‘‘(1) the fine otherwise authorized by this part; or 

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

proceeds of the offense under section 932 or 933.’’. 

(2) TITLE III AUTHORIZATION.—Section 2516(1)(n) of title 

18, United States Code, is amended by striking ‘‘sections 922 

and 924’’ and inserting ‘‘section 922, 924, 932, or 933’’. 

(3) RACKETEERING AMENDMENT.—Section 1961(1)(B) of title 

18, United States Code, is amended by inserting ‘‘section 932 

(relating to straw purchasing), section 933 (relating to trafficking in firearms),’’ before ‘‘section 1028’’. 

(4) MONEY LAUNDERING AMENDMENT.—Section 

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

striking ‘‘section 924(n)’’ and inserting ‘‘section 924(n), 932, 

or 933’’. 

(5) DIRECTIVE TO SENTENCING COMMISSION.—Pursuant to 

its authority under section 994 of title 28, United States Code, 

and in accordance with this subsection, the United States Sentencing Commission shall review and amend its guidelines 

and policy statements to ensure that persons convicted of an 

offense under section 932 or 933 of title 18, United States 

Code, and other offenses applicable to the straw purchases 

and trafficking of firearms are subject to increased penalties 

in comparison to those currently provided by the guidelines 

and policy statements for such straw purchasing and trafficking 

of firearms offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the 

intent of Congress that straw purchasers without significant 

criminal histories receive sentences that are sufficient to deter 

participation in such activities and reflect the defendant’s role 

and culpability, and any coercion, domestic violence survivor 

history, or other mitigating factors. The Commission shall also 

review and amend its guidelines and policy statements to reflect 

the intent of Congress that a person convicted of an offense 

under section 932 or 933 of title 18, United States Code, who 

is affiliated with a gang, cartel, organized crime ring, or other 

such enterprise should be subject to higher penalties than 

an otherwise unaffiliated individual. 
S. 2938—17 

(6) TECHNICAL AND CONFORMING AMENDMENT.—The table 

of sections for chapter 44 of title 18, United States Code, 

is amended by adding at the end the following: 

‘‘932. Straw purchasing of firearms. 

‘‘933. Trafficking in firearms. 

‘‘934. Forfeiture and fines.’’. 

(b) AMENDMENTS TO SECTION 922(d).—Section 922(d) of title 

18, United States Code, is amended— 

(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: 

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

or ammunition in furtherance of a felony, a Federal crime 

of terrorism, or a drug trafficking offense (as such terms are 

defined in section 932(a)); or 

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

or ammunition to a person described in any of paragraphs 

(1) through (10). 

This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed 

manufacturer, licensed dealer, or licensed collector who pursuant 

to subsection (b) of section 925 is not precluded from dealing in 

firearms or ammunition, or to a person who has been granted 

relief from disabilities pursuant to subsection (c) of section 925.’’. 

(c) AMENDMENTS TO SECTION 924(a).—Section 924(a) of title 

18, United States Code, is amended— 

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

(2) by adding at the end the following: 

‘‘(8) Whoever knowingly violates subsection (d) or (g) of 

section 922 shall be fined under this title, imprisoned for not 

more than 15 years, or both.’’. 

(d) AMENDMENTS TO SECTION 924(d).—Section 924(d) of title 

18, United States Code, is amended— 

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

(2) in paragraph (3)— 

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

(B) in subparagraph (F), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

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

(e) AMENDMENTS TO SECTION 924(h).—Section 924 of title 18, 

United States Code, is amended by striking subsection (h) and 

inserting the following: 

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

ammunition, or attempts or conspires to do so, knowing or having 

reasonable cause to believe that such firearm or ammunition will 

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

drug trafficking crime (as such terms are defined in section 932(a)), 

or a crime under the Arms Export Control Act (22 U.S.C. 2751 

et seq.), the Export Control Reform Act of 2018 (50 U.S.C. 4801 

et seq.), the International Emergency Economic Powers Act (50 

U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Designation 

Act (21 U.S.C. 1901 et seq.), shall be fined under this title, imprisoned for not more than 15 years, or both.’’. 
S. 2938—18 

(f) AMENDMENTS TO SECTION 924(k).—Section 924 of title 18, 

United States Code, is amended by striking subsection (k) and 

inserting the following: 

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

United States a firearm or ammunition, or attempts or conspires 

to do so, with intent to engage in or to promote conduct that— 

‘‘(A) is punishable under the Controlled Substances Import 

and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of 

title 46; or 

‘‘(B) constitutes a felony, a Federal crime of terrorism, 

or a drug trafficking crime (as such terms are defined in section 

932(a)), 

shall be fined under this title, imprisoned for not more than 

15 years, or both. 

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

United States a firearm or ammunition, or attempts or conspires 

to do so, with intent to engage in or to promote conduct that— 

‘‘(A) would be punishable under the Controlled Substances 

Import and Export Act (21 U.S.C. 951 et seq.), or chapter 

705 of title 46, if the conduct had occurred within the United 

States; or 

‘‘(B) would constitute a felony or a Federal crime of terrorism (as such terms are defined in section 932(a)) for which 

the person may be prosecuted in a court of the United States, 

if the conduct had occurred within the United States, 

shall be fined under this title, imprisoned for not more than 15 

years, or both.’’. 

(g) PROHIBITION ON FIREARMS OR AMMUNITION TRANSFERS TO

AGENTS OF DRUG CARTELS.—The Department of Justice, and any 

of its law enforcement coordinate agencies, shall not conduct or 

otherwise facilitate the transfer of an operable firearm or ammunition to an individual if any law enforcement officer employed by 

the Department of Justice involved with the transfer knows or 

has reasonable cause to believe that the recipient of the firearm 

or ammunition is an agent of a drug cartel, unless law enforcement 

personnel of the United States continuously monitor or control 

the firearm or ammunition at all times. 

(h) FFL ACCESS TO LAW ENFORCEMENT INFORMATION.— (1) IN GENERAL.—Section 103(b) of the Brady Handgun 

Violence Prevention Act (34 U.S.C. 40901(b)), is amended— 

(A) by striking ‘‘Not later than’’ and inserting the following: 

‘‘(1) IN GENERAL.—Not later than’’; and 

(B) by adding at the end the following: 

‘‘(2) VOLUNTARY BACKGROUND CHECKS.— 

‘‘(A) IN GENERAL.—Not later than 90 days after the 

date of enactment of this paragraph, the Attorney General 

shall promulgate regulations allowing licensees to use the 

national instant criminal background check system established under this section for purposes of voluntarily conducting an employment background check relating to a 

current or prospective employee. The Attorney General may 

not collect a fee for an employment background check under 

this subparagraph. 

‘‘(B) NOTICE.—Before conducting an employment background check relating to a current or prospective employee 

under subparagraph (A), a licensee shall— 
S. 2938—19 

‘‘(i) provide written notice to the current or 

prospective employee that the licensee intends to conduct the background check; and 

‘‘(ii) obtain consent to conduct the background 

check from the current or prospective employee in 

writing. 

‘‘(C) EXEMPTION.—An employment background check 

conducted by a licensee under subparagraph (A) shall not 

be governed by the Fair Credit Reporting Act (15 U.S.C. 

1681 et seq.). 

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

an employment background check conducted by a licensee 

under subparagraph (A) the result of which indicates that 

the individual is prohibited from possessing a firearm or 

ammunition pursuant to subsection (g) or (n) of section 

922 of title 18, United States Code, may appeal the results 

of the background check in the same manner and to the 

same extent as if the individual had been the subject 

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

(2) ACQUISITION, PRESERVATION, AND EXCHANGE OF IDENTIFICATION RECORDS AND INFORMATION.—Section 534 of title 28, 

United States Code, is amended— 

(A) in subsection (a)— 

(i) in paragraph (3), by striking ‘‘and’’ at the end; 

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

the end and inserting ‘‘; and’’; and 

(iii) by inserting after paragraph (4) the following: 

‘‘(5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with 

information necessary to verify whether firearms offered for 

sale to such licensees have been stolen.’’; and 

(B) in subsection (b), by inserting ‘‘, except for dissemination authorized under subsection (a)(5) of this section’’ 

before the period. 

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

of enactment of this Act, and without regard to chapter 5 

of title 5, United States Code, the Attorney General shall 

promulgate regulations allowing a person licensed as an 

importer, manufacturer, or dealer of firearms under chapter 

44 of title 18, United States Code, to receive access to records 

of stolen firearms maintained by the National Crime Information Center operated by the Federal Bureau of Investigation, 

solely for the purpose of voluntarily verifying whether firearms 

offered for sale to such licensees have been stolen. 

(4) STATUTORY CONSTRUCTION; EVIDENCE.— 

(A) STATUTORY CONSTRUCTION.—Nothing in this subsection or the amendments made by this subsection shall 

be construed— 

(i) to create a cause of action against any person 

licensed as an importer, manufacturer, or dealer of 

firearms under chapter 44 of title 18, United States 

Code, or any other person for any civil liability; or 

(ii) to establish any standard of care. 

(B) EVIDENCE.—Notwithstanding any other provision 

of law, evidence regarding the use or non-use by a person 

licensed as an importer, manufacturer, or dealer of firearms 

under chapter 44 of title 18, United States Code, of the 
S. 2938—20 

systems, information, or records made available under this 

subsection or the amendments made by this subsection 

shall not be admissible as evidence in any proceeding of 

any court, agency, board, or other entity. 

(i) FUNDING FOR EXISTING ATF ANTI-STRAW PURCHASING CAMPAIGN.—There are authorized to be appropriated to the Bureau 

of Alcohol, Tobacco, Firearms, and Explosives $1,000,000 for each 

of fiscal years 2023 through 2027 to continue and expand current 

efforts with existing partners to educate persons licensed as an 

importer, manufacturer, or dealer of firearms under chapter 44 

of title 18, United States Code, and the public to combat illegal 

straw purchases of firearms. 

(j) LOCAL LAW ENFORCEMENT REIMBURSEMENT FOR ASSISTANCE

PROVIDED TO DHS-HSI TO PREVENT ILLEGAL TRAFFICKING.—Section 

432(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 240(d)(2)) 

is amended by inserting ‘‘salary reimbursement,’’ after ‘‘administrative,’’. 

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

amendment made by this section, shall be construed to allow the 

establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions. 

SEC. 12005. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE. 

(a) DEFINING ‘‘DATING RELATIONSHIP’’.—Section 921(a) of title 

18, United States Code, is amended— 

(1) in paragraph (33)(A)(ii)— 

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

a person’’; and 

(B) by inserting before the period at the end the following: ‘‘, or by a person who has a current or recent 

former dating relationship with the victim’’; and 

(2) by adding at the end the following: 

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

between individuals who have or have recently had a continuing 

serious relationship of a romantic or intimate nature. 

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

under subparagraph (A) shall be determined based on consideration 

of— 

‘‘(i) the length of the relationship; 

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

‘‘(iii) the frequency and type of interaction between the 

individuals involved in the relationship. 

‘‘(C) A casual acquaintanceship or ordinary fraternization in 

a business or social context does not constitute a dating relationship 

under subparagraph (A).’’. 

(b) NO RETROACTIVE APPLICATION.—The amendments made by 

subsection (a) shall not apply to any conviction of a misdemeanor 

crime of domestic violence entered before the date of enactment 

of this Act. 

(c) LIMITATIONS ON CONVICTIONS OF CRIMES OF DOMESTIC

VIOLENCE WITH RESPECT TO DATING RELATIONSHIPS.—Section 

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

(1) in subparagraph (A)— 

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

‘‘subparagraph (C)’’ and inserting ‘‘subparagraphs (B) and 

(C)’’; and 
S. 2938—21 

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

‘‘State,’’; and 

(2) by adding at the end the following: 

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

of a misdemeanor crime of domestic violence against an individual 

in a dating relationship for purposes of this chapter if the conviction 

has been expunged or set aside, or is an offense for which the 

person has been pardoned or has had firearm rights restored unless 

the expungement, pardon, or restoration of rights expressly provides 

that the person may not ship, transport, possess, or receive firearms: 

Provided, That, in the case of a person who has not more than 

1 conviction of a misdemeanor crime of domestic violence against 

an individual in a dating relationship, and is not otherwise prohibited under this chapter, the person shall not be disqualified from 

shipping, transport, possession, receipt, or purchase of a firearm 

under this chapter if 5 years have elapsed from the later of the 

judgment of conviction or the completion of the person’s custodial 

or supervisory sentence, if any, and the person has not subsequently 

been convicted of another such offense, a misdemeanor under Federal, State, Tribal, or local law which has, as an element, the 

use or attempted use of physical force, or the threatened use of 

a deadly weapon, or any other offense that would disqualify the 

person under section 922(g). The national instant criminal background check system established under section 103 of the Brady 

Handgun Violence Prevention Act (34 U.S.C. 40901) shall be 

updated to reflect the status of the person. Restoration under this 

subparagraph is not available for a current or former spouse, parent, 

or guardian of the victim, a person with whom the victim shares 

a child in common, a person who is cohabiting with or has cohabited 

with the victim as a spouse, parent, or guardian, or a person 

similarly situated to a spouse, parent, or guardian of the victim.’’. 

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. 

Section 90006 of division I of the Infrastructure Investment 

and Jobs Act (42 U.S.C. 1320a–7b note) is amended by striking 

‘‘January 1, 2026’’ and inserting ‘‘January 1, 2027’’. 

Subtitle B—Medicare Improvement Fund 

SEC. 13201. MEDICARE IMPROVEMENT FUND. 

Section 1898(b)(1) of the Social Security Act (42 U.S.C. 

1395iii(b)(1)) is amended by striking ‘‘fiscal year 2021, $5,000,000’’ 

and inserting ‘‘fiscal year 2022, $7,500,000,000’’. 
S. 2938—22 

Subtitle C—Luke and Alex School Safety 

Act of 2022 

SEC. 13301. SHORT TITLE. 

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

Act of 2022’’. 

SEC. 13302. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED PRACTICES. 

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

Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding 

at the end the following: 

‘‘SEC. 2220D. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED PRACTICES. 

‘‘(a) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—The Secretary, in coordination with the 

Secretary of Education, the Attorney General, and the Secretary 

of Health and Human Services, shall establish a Federal 

Clearinghouse on School Safety Evidence-based Practices (in 

this section referred to as the ‘Clearinghouse’) within the 

Department. 

‘‘(2) PURPOSE.—The Clearinghouse shall serve as a Federal 

resource to identify and publish online through 

SchoolSafety.gov, or any successor website, evidence-based practices and recommendations to improve school safety for use 

by State and local educational agencies, institutions of higher 

education, State and local law enforcement agencies, health 

professionals, and the general public. 

‘‘(3) PERSONNEL.— ‘‘(A) ASSIGNMENTS.—The Clearinghouse shall be 

assigned such personnel and resources as the Secretary 

considers appropriate to carry out this section. 

‘‘(B) DETAILEES.—The Secretary of Education, the 

Attorney General, and the Secretary of Health and Human 

Services may detail personnel to the Clearinghouse. 

‘‘(4) EXEMPTIONS.— 

‘‘(A) PAPERWORK REDUCTION ACT.—Chapter 35 of title 

44, United States Code (commonly known as the ‘Paperwork Reduction Act’), shall not apply to any rulemaking 

or information collection required under this section. 

‘‘(B) FEDERAL ADVISORY COMMITTEE ACT.—The Federal 

Advisory Committee Act (5 U.S.C. App.) shall not apply 

for the purposes of carrying out this section. 

‘‘(b) CLEARINGHOUSE CONTENTS.— 

‘‘(1) CONSULTATION.—In identifying the evidence-based 

practices and recommendations for the Clearinghouse, the Secretary shall— 

‘‘(A) consult with appropriate Federal, State, local, 

Tribal, private sector, and nongovernmental organizations, 

including civil rights and disability rights organizations; 

and 

‘‘(B) consult with the Secretary of Education to ensure 

that evidence-based practices published by the Clearinghouse are aligned with evidence-based practices to support 

a positive and safe learning environment for all students. 
S. 2938—23 

‘‘(2) CRITERIA FOR EVIDENCE-BASED PRACTICES AND RECOMMENDATIONS.—The evidence-based practices and recommendations of the Clearinghouse shall— 

‘‘(A) include comprehensive evidence-based school 

safety measures; 

‘‘(B) include the evidence or research rationale supporting the determination of the Clearinghouse that the 

evidence-based practice or recommendation under subparagraph (A) has been shown to have a significant effect 

on improving the health, safety, and welfare of persons 

in school settings, including— 

‘‘(i) relevant research that is evidence-based, as 

defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the evidence-based practice or recommendation; 

‘‘(ii) findings and data from previous Federal or 

State commissions recommending improvements to the 

safety posture of a school; or 

‘‘(iii) other supportive evidence or findings relied 

upon by the Clearinghouse in determining evidencebased practices and recommendations, as determined 

in consultation with the officers described in subsection 

(a)(3)(B); 

‘‘(C) include information on Federal programs for which 

implementation of each evidence-based practice or recommendation is an eligible use for the program; 

‘‘(D) be consistent with Federal civil rights laws, 

including title II of the Americans with Disabilities Act 

of 1990 (42 U.S.C. 12131 et seq.), the Rehabilitation Act 

of 1973 (29 U.S.C. 701 et seq.), and title VI of the Civil 

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

‘‘(E) include options for developmentally appropriate 

recommendations for use in educational settings with 

respect to children’s ages and physical, social, sensory, 

and emotionally developmental statuses. 

‘‘(3) PAST COMMISSION RECOMMENDATIONS.—The Clearinghouse shall present, as determined in consultation with the 

officers described in subsection (a)(3)(B), Federal, State, local, 

Tribal, private sector, and nongovernmental organization issued 

best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. 

‘‘(c) ASSISTANCE AND TRAINING.—The Secretary may produce 

and publish materials on the Clearinghouse to assist and train 

educational agencies and law enforcement agencies on the 

implementation of the evidence-based practices and recommendations. 

‘‘(d) CONTINUOUS IMPROVEMENT.—The Secretary shall— 

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

the Clearinghouse— 

‘‘(A) Clearinghouse data analytics; 

‘‘(B) user feedback on the implementation of resources, 

evidence-based practices, and recommendations identified 

by the Clearinghouse; and 
S. 2938—24 

‘‘(C) any evaluations conducted on implementation of 

the evidence-based practices and recommendations of the 

Clearinghouse; and 

‘‘(2) in coordination with the Secretary of Education, the 

Secretary of Health and Human Services, and the Attorney 

General— 

‘‘(A) regularly assess and identify Clearinghouse evidence-based practices and recommendations for which there 

are no resources available through Federal Government 

programs for implementation; and 

‘‘(B) establish an external advisory board, which shall 

be comprised of appropriate State, local, Tribal, private 

sector, and nongovernmental organizations, including 

organizations representing parents of elementary and secondary school students, representative from civil rights 

organizations, representatives of disability rights organizations, representatives of educators, representatives of law 

enforcement, and nonprofit school safety and security 

organizations, to— 

‘‘(i) provide feedback on the implementation of evidence-based practices and recommendations of the 

Clearinghouse; and 

‘‘(ii) propose additional recommendations for evidence-based practices for inclusion in the Clearinghouse that meet the requirements described in subsection (b)(2)(B). 

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

materials in accessible formats to assist parents and legal guardians 

of students with identifying relevant Clearinghouse resources 

related to supporting the implementation of Clearinghouse evidencebased practices and recommendations.’’. 

(b) TECHNICAL AMENDMENTS.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 

116 Stat. 2135) is amended by adding at the end the following: 

‘‘Sec. 2220D. Federal Clearinghouse on School Safety Evidence-based Practices.’’. 

SEC. 13303. NOTIFICATION OF CLEARINGHOUSE. 

(a) NOTIFICATION BY THE SECRETARY OF EDUCATION.—The Secretary of Education shall provide written notification of the publication of the Federal Clearinghouse on School Safety Evidence-based 

Practices (referred to in this section and section 13304 as the 

‘‘Clearinghouse’’), as required to be established under section 2220D 

of the Homeland Security Act of 2002, as added by section 13302 

of this Act, to— 

(1) every State and local educational agency; and 

(2) other Department of Education partners in the 

implementation of the evidence-based practices and recommendations of the Clearinghouse, as determined appropriate 

by the Secretary of Education. 

(b) NOTIFICATION BY THE SECRETARY OF HOMELAND SECURITY.— 

The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be 

established under section 2220D of the Homeland Security Act 

of 2002, as added by section 13302 of this Act, to— 

(1) every State homeland security advisor; 

(2) every State department of homeland security; and 
S. 2938—25 

(3) other Department of Homeland Security partners in 

the implementation of the evidence-based practices and recommendations of the Clearinghouse, as determined appropriate 

by the Secretary of Homeland Security. 

(c) NOTIFICATION BY THE SECRETARY OF HEALTH AND HUMAN

SERVICES.—The Secretary of Health and Human Services shall 

provide written notification of the publication of the Clearinghouse, 

as required to be established under section 2220D of the Homeland 

Security Act of 2002, as added by section 13302 of this Act, to— 

(1) every State department of public health; and 

(2) other Department of Health and Human Services partners in the implementation of the evidence-based practices 

and recommendations of the Clearinghouse, as determined 

appropriate by the Secretary of Health and Human Services. 

(d) NOTIFICATION BY THE ATTORNEY GENERAL.—The Attorney 

General shall provide written notification of the publication of the 

Clearinghouse, as required to be established under section 2220D 

of the Homeland Security Act of 2002, as added by section 13302 

of this Act, to— 

(1) every State department of justice; and 

(2) other Department of Justice partners in the 

implementation of the evidence-based practices and recommendations of the Clearinghouse, as determined appropriate 

by the Attorney General. 

SEC. 13304. GRANT PROGRAM REVIEW. 

(a) FEDERAL GRANTS AND RESOURCES.—Not later than 1 year 

after the date of enactment of this Act, the Clearinghouse or the 

external advisory board established under section 2220D of the 

Homeland Security Act of 2002, as added by this subtitle, shall— 

(1) review grant programs and identify any grant program 

that may be used to implement evidence-based practices and 

recommendations of the Clearinghouse; 

(2) identify any evidence-based practices and recommendations of the Clearinghouse for which there is not a Federal 

grant program that may be used for the purposes of implementing the evidence-based practice or recommendation as 

applicable to the agency; and 

(3) periodically report any findings under paragraph (2) 

to the appropriate committees of Congress. 

(b) STATE GRANTS AND RESOURCES.—The Clearinghouse shall, 

to the extent practicable, identify, for each State— 

(1) each agency responsible for school safety in the State, 

or any State that does not have such an agency designated; 

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

of implementing evidence-based practices and recommendations 

of the Clearinghouse; and 

(3) any resources other than grant programs that may 

be used to assist in implementation of evidence-based practices 

and recommendations of the Clearinghouse. 

SEC. 13305. RULES OF CONSTRUCTION. 

(a) WAIVER OF REQUIREMENTS.—Nothing in this subtitle or 

the amendments made by this subtitle shall be construed to create, 

satisfy, or waive any requirement under— 

(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.); 
S. 2938—26 

(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 U.S.C. 6101 

et seq.). 

(b) PROHIBITION ON FEDERALLY DEVELOPED, MANDATED, OR

ENDORSED CURRICULUM.—Nothing in this subtitle or the amendments made by this subtitle shall be construed to authorize any 

officer or employee of the Federal Government to engage in an 

activity otherwise prohibited under section 103(b) of the Department 

of Education Organization Act (20 U.S.C. 3403(b)). 

Subtitle D—Amendment on ESEA Funding 

SEC. 13401. AMENDMENT ON ESEA FUNDING. 

Section 8526 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7906) is amended— 

(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 

(3) by adding at the end the following: 

‘‘(7) for the provision to any person of a dangerous weapon, 

as defined in section 930(g)(2) of title 18, United States Code, 

or training in the use of a dangerous weapon.’’. 

DIVISION B—APPROPRIATIONS 

The following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for the fiscal year ending 

September 30, 2022, and for other purposes, namely: 

TITLE I 

DEPARTMENT OF JUSTICE 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$100,000,000, to remain available until expended, to meet additional 

resource needs of the National Instant Criminal Background Check 

System. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $1,400,000,000, to remain available until 

expended, for grants to be administered by the Office of Justice 

Programs: Provided, That $280,000,000, to remain available until 

expended, shall be made available for fiscal year 2022, $280,000,000, 

to remain available until expended, shall be made available for 
S. 2938—27 

fiscal year 2023, $280,000,000, to remain available until expended, 

shall be made available for fiscal year 2024, $280,000,000, to remain 

available until expended, shall be made available for fiscal year 

2025, and $280,000,000, to remain available until expended, shall 

be made available for fiscal year 2026: Provided further, That 

of the funds made available under this heading in this Act, the 

following amounts shall be for the following purposes in equal 

amounts for each of fiscal years 2022 through 2026— 

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

allocation (adjusted in proportion to the relative amounts statutorily designated therefor) that was used in the fiscal year 

prior to the year for which funds are provided for the Edward 

Byrne Memorial Justice Assistance Grant program, as authorized by subpart 1 of part E of title I of the Omnibus Crime 

Control and Safe Streets Acts of 1968 (Public Law 90–351) 

(the ‘‘1968 Act’’), and shall be for the purposes described in 

section 501(a)(1)(I) of title I of the 1968 Act, as amended by 

title II of division A of this Act: Provided further, That the 

allocation provisions under sections 505(a) through (e), the 

special rules for Puerto Rico under section 505(g), and section 

1001(c) of title I of the 1968 Act shall not apply to the amount 

described in this paragraph; 

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

Bureau of Justice Assistance for purposes authorized under 

the STOP School Violence Act of 2018 (title V of division S 

of Public Law 115–141); 

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

criminal and mental health records for the National Instant 

Criminal Background Check System, including grants to assist 

States in providing disqualifying juvenile records under subsection (g) or (n) of section 922 of title 18, United States 

Code: Provided further, That the grants described in this paragraph shall be available to State criminal record repositories 

and State court systems; and 

(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 Policing 

Services Programs’’, $100,000,000, to remain available until 

expended, for competitive grants to be administered by the Community Oriented Policing Services Office for purposes authorized under 

the STOP School Violence Act of 2018 (title V of division S of 

Public Law 115–141): Provided, That $20,000,000, to remain available until expended, shall be made available for fiscal year 2022, 

$20,000,000, to remain available until expended, shall be made 

available for fiscal year 2023, $20,000,000, to remain available 

until expended, shall be made available for fiscal year 2024, 

$20,000,000, to remain available until expended, shall be made 

available for fiscal year 2025, and $20,000,000, to remain available 

until expended, shall be made available for fiscal year 2026. 
S. 2938—28 

GENERAL PROVISIONS—THIS TITLE 

SEC. 21001. None of the funds made available by this title 

may be transferred in this or any future fiscal year pursuant 

to the authority in section 205 of the Commerce, Justice, Science, 

and Related Agencies Appropriations Act, 2022, or any successor 

provision in a subsequently enacted appropriations Act. 

SEC. 21002. (a) The Department of Justice shall provide a 

detailed spend plan for the fiscal year 2022 and 2023 funds made 

available in this title to the Committees on Appropriations of the 

House of Representatives and the Senate within 45 days after 

the enactment of this Act and, for each of fiscal years 2024 through 

2026, as part of the annual budget submission of the President 

under section 1105(a) of title 31, United States Code, the Attorney 

General shall submit a detailed spend plan for the funds made 

available in this title in that fiscal year. 

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

a specific and detailed description of the intended administration, 

review processes, allowable purposes, eligibility requirements, and 

priority areas or weightings for the grant programs funded in 

this title. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For an additional amount for ‘‘Health Surveillance and Program 

Support’’, $800,000,000, to remain available until September 30, 

2025: Provided, That $312,500,000, to remain available until 

December 31, 2022, shall be made available for fiscal year 2022, 

$162,500,000, to remain available until September 30, 2023, shall 

be made available for fiscal year 2023, $162,500,000, to remain 

available until September 30, 2024, shall be made available for 

fiscal year 2024, and $162,500,000, to remain available until September 30, 2025, shall be made available for fiscal year 2025: 

Provided further, That of the funds made available under this 

heading in this Act, the following amounts shall be for the following 

purposes in equal amounts for each of fiscal years 2022 through 

2025, unless stated otherwise— 

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

mental health services block grant program under subpart I 

of part B of title XIX of the Public Health Service Act; 

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

Stress Network; 

(3) $240,000,000 shall be for activities and services under 

Project AWARE, of which no less than $28,000,000 shall be 

for activities described in section 7134 of Public Law 115– 

271; 

(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. 
S. 2938—29 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Public Health and Social Services 

Emergency Fund’’, $190,000,000, to remain available until September 30, 2026: Provided, That $82,000,000, to remain available 

until December 31, 2022, shall be made available for fiscal year 

2022, $32,000,000, to remain available until September 30, 2023, 

shall be made available for fiscal year 2023, $32,000,000, to remain 

available until September 30, 2024, shall be made available for 

fiscal year 2024, $32,000,000, to remain available until September 

30, 2025, shall be made available for fiscal year 2025, and 

$12,000,000, to remain available until September 30, 2026, shall 

be made available for fiscal year 2026: Provided further, That 

of the funds made available under this heading in this Act, the 

following amounts shall be for the following purposes in equal 

amounts for each of fiscal years 2022 through 2026, unless stated 

otherwise— 

(1) $60,000,000 shall be for primary care training and 

enhancement under section 747 of the Public Health Service 

Act (42 U.S.C. 293k) to provide mental and behavioral health 

care training as part of the training of pediatricians and other 

primary care clinicians who plan to provide care for pediatric 

populations and other vulnerable populations, such as victims 

of abuse or trauma, and individuals with mental health or 

substance use disorders: Provided further, That section 747(c)(2) 

of the Public Health Service Act (42 U.S.C. 293k(c)(2)) shall 

not apply to funding made available in this paragraph: Provided 

further, That such funds shall be transferred to ‘‘Health 

Resources and Services Administration—Health Workforce’’; (2) $80,000,000 shall be for pediatric mental health care 

access under section 330M of the Public Health Service Act 

(42 U.S.C. 254c–19), in equal amounts for each of fiscal years 

2022 through 2025: Provided further, That such funds shall 

be transferred to ‘‘Health Resources and Services Administration—Maternal and Child Health’’; and 

(3) $50,000,000, to remain available until expended, shall 

be for carrying out subsection (b) of section 11003 of division 

A of this Act for fiscal year 2022: Provided further, That such 

funds shall be transferred to ‘‘Centers for Medicare & Medicaid 

Services—Grants to States for Medicaid’’. 

DEPARTMENT OF EDUCATION 

SCHOOL IMPROVEMENT PROGRAMS

For an additional amount for ‘‘School Improvement Programs’’, $1,050,000,000, to remain available through September 30, 2025, 

for carrying out subpart 1 of part A of title IV and part B of 

title IV of the Elementary and Secondary Education of 1965 

(referred to in this Act as ‘‘ESEA’’), in addition to amounts otherwise 

available for such purposes: Provided, That $50,000,000, to remain 

available through September 30, 2023, shall be for carrying out 

part B of title IV of the ESEA: Provided further, That the Secretary 

shall increase support for the implementation of evidence-based 
S. 2938—30 

practices intended to increase attendance and engagement of students in the middle grades and high school in community learning 

centers using funds in the preceding proviso: Provided further, That $1,000,000,000 shall be for activities under section 4108 of 

the ESEA and, notwithstanding section 4105 of such Act, States 

shall make awards on a competitive basis to high-need local educational agencies as determined by the State. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For an additional amount for ‘‘Safe Schools and Citizenship Education’’, $1,000,000,000, to remain available through December 

31, 2026: Provided, That $200,000,000, to remain available until 

March 31, 2023, shall be made available for fiscal year 2022, 

$200,000,000, to remain available until December 31, 2023, shall 

be made available for fiscal year 2023, $200,000,000, to remain 

available until December 31, 2024, shall be made available for 

fiscal year 2024, $200,000,000, to remain available until December 

31, 2025, shall be made available for fiscal year 2025, and 

$200,000,000, to remain available until December 31, 2026, shall 

be made available for fiscal year 2026: Provided further, That 

not more than two percent of each of such amounts may be used 

for program administration, technical assistance, data collection, 

and dissemination of best practices: Provided further, That of the 

funds made available under this heading in this Act, the following 

amounts shall be available for the following purposes in equal 

amounts for each of fiscal years 2022 through 2026— (1) $500,000,000 shall be for carrying out School Based 

Mental Health Services Grants, in addition to amounts otherwise available for such purposes; and (2) $500,000,000 shall be for carrying out Mental Health 

Services Professional Demonstration Grants, in addition to 

amounts otherwise available for such purposes. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 22001. None of the funds made available by this title 

may be transferred in this or any future fiscal year pursuant 

to the authority in section 205 or section 302 of the Departments 

of Labor, Health and Human Services, and Education, and Related 

Agencies Appropriations Act, 2022 (division H of Public Law 117– 

103), or any successor provision in a subsequently enacted appropriations Act, or section 241(a) of the Public Health Service Act. 

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

of this Act, the Secretaries of Health and Human Services and 

Education shall each provide a detailed spend plan of anticipated 

uses of funds made available to their respective Departments in 

this title, including estimated personnel and administrative costs, 

to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That such plans shall be updated 

and submitted to such Committees every 60 days until all funds 

are expended: Provided further, That the spend plans shall be 

accompanied by a listing of each contract obligation incurred that 

exceeds $5,000,000 which has not previously been reported, 

including the amount of each such obligation: Provided further, 

That the Committees on Appropriations of the House of Representatives and the Senate shall be briefed on obligations quarterly until 

all funds are expended. 
S. 2938—31 

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

of this Act, the Secretaries of Health and Human Services and 

Education shall each provide biweekly obligation reports for funds 

made available to their respective Departments in this title, 

including anticipated uses of funds made available in this title, 

to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That such reports shall be updated 

and submitted biweekly to the Committees until all funds are 

expended. 

TITLE III 

GENERAL PROVISIONS—THIS DIVISION 

SEC. 23001. Each amount appropriated or made available by 

this division is in addition to amounts otherwise appropriated for 

the fiscal year involved. 

SEC. 23002. No part of any appropriation contained in this 

division shall remain available for obligation beyond the current 

fiscal year unless expressly so provided herein. 

SEC. 23003. Unless otherwise provided for by this division, 

the additional amounts appropriated by this division to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 

2022. 

SEC. 23004. Each amount provided by this division is designated 

by the Congress as being for an emergency requirement pursuant 

to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th 

Congress), the concurrent resolution on the budget for fiscal year 

2022. 

SEC. 23005. (a) STATUTORY PAYGO SCORECARDS.—The budgetary effects of each division of this Act shall not be entered on 

either PAYGO scorecard maintained pursuant to section 4(d) of 

the Statutory Pay As-You-Go Act of 2010. 

(b) SENATE PAYGO SCORECARDS.—The budgetary effects of 

each division of this Act shall not be entered on any PAYGO 

scorecard maintained for purposes of section 4106 of H. Con. Res. 

71 (115th Congress). 

(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding 

Rule 3 of the Budget Scorekeeping Guidelines set forth in the 

joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(7) and (c)(8) 

of the Balanced Budget and Emergency Deficit Control Act of 1985, 

the budgetary effects of this division shall be estimated for purposes 

of section 251 of such Act and as appropriations for discretionary 

accounts for purposes of the allocation to the Committee on 
S. 2938—32 

Appropriations pursuant to section 302(a) of the Congressional 

Budget Act of 1974 and section 4001 of S. Con. Res. 14 (117th 

Congress), the concurrent resolution on the budget for fiscal year 

2022. 

This division may be cited as the ‘‘Bipartisan Safer Communities Supplemental Appropriations Act, 2022’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.