In the Senate of the United States, 

June 23, 2022. 

Resolved, That the Senate agree to the amendment of 

the House of Representatives to the bill (S. 2938) entitled 

‘‘An Act to designate the United States Courthouse and Federal Building located at 111 North Adams Street in Tallahassee, Florida, as the ‘Joseph Woodrow Hatchett United States 

Courthouse and Federal Building’, and for other purposes.’’, 

with the following 

SENATE AMENDMENTS TO HOUSE AMENDMENT: 

In lieu of the matter proposed to be inserted, insert 

the following: 

1 SECTION 1. JOSEPH WOODROW HATCHETT UNITED STATES 

2 COURTHOUSE AND FEDERAL BUILDING. 

3 (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 

†S 2938 EAS 

1 (b) REFERENCES.—Any reference in a law, map, regu2 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 SEC. 2. LYNN C. WOOLSEY POST OFFICE BUILDING. 

8 (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, regu13 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 SEC. 3. SHORT TITLE; TABLE OF CONTENTS. 

18 (a) SHORT TITLE.—This Act may be cited as the ‘‘Bi19 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. 
3 

†S 2938 EAS 

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. 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. 
4 

†S 2938 EAS 

DIVISION B—APPROPRIATIONS 

1 DIVISION A—MENTAL HEALTH 

2 AND FIREARMS PROVISIONS 

3 TITLE I—CHILDREN AND FAMILY 

4 MENTAL HEALTH SERVICES 

5 SEC. 11001. EXPANSION OF COMMUNITY MENTAL HEALTH 

6 SERVICES DEMONSTRATION PROGRAM. 

7 Section 223 of the Protecting Access to Medicare Act 

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

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

10 following new paragraph: 

11 ‘‘(3) ADDITIONAL PLANNING GRANTS FOR

12 STATES.—In addition to the planning grants award13 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 de18 velop proposals to participate in time-limited dem19 onstration programs described in subsection (d) so 

20 that, beginning July 1, 2024, and every 2 years there21 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 sub24 section.’’; 

25 (2) in subsection (d)— 
5 

†S 2938 EAS 

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 sub13 section’’; 

14 (ii) in subparagraph (C)(iii)— 

15 (I) in subclause (I), by striking 

16 ‘‘September 30, 2023; and’’ and insert17 ing ‘‘September 30, 2025;’’; 

18 (II) in subclause (II), by striking 

19 ‘‘under paragraph (8)’’ and all that 

20 follows through the period and insert21 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 pro25 gram; and’’; and 
6 

†S 2938 EAS 

1 (III) by adding at the end the fol2 lowing new subclause: 

3 ‘‘(III) in the case of a State se4 lected to participate in the demonstra5 tion program under paragraph (9), 

6 during the first 16 fiscal quarter pe7 riod (or any portion of such period) 

8 that the State participates in the dem9 onstration program.’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(D) RULE OF CONSTRUCTION.—Nothing in 

13 this section shall be construed as prohibiting a 

14 State that participated in a demonstration pro15 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 pro20 viding medical assistance for items and services, 

21 and carrying out activities, including continuing 

22 to pay for services under the prospective pay23 ment system established under subsection (c), 

24 that were provided or carried out by the State 

25 under the demonstration program, to the extent 
7 

†S 2938 EAS 

1 such financial participation is otherwise avail2 able under such title.’’; 

3 (C) in paragraph (7)— 

4 (i) in subparagraph (A), by inserting 

5 ‘‘through the year in which the last dem6 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 fol13 lowing new sentence: ‘‘Such rec14 ommendations shall include data col15 lected after 2019, where feasible.’’; and 

16 (iii) by adding at the end the following 

17 new subparagraph: 

18 ‘‘(C) FINAL EVALUATION.—Not 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 
8 

†S 2938 EAS 

1 (E) by adding at the end the following new 

2 paragraph: 

3 ‘‘(9) FURTHER ADDITIONAL PROGRAMS.— 

4 ‘‘(A) IN 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 addi17 tion to any application that the State may 

18 have previously submitted under this sec19 tion) that includes the information de20 scribed in paragraph (2)(B). 

21 ‘‘(C) REQUIREMENTS FOR SELECTED

22 STATES.—The requirements applicable to States 

23 selected under paragraph (8) pursuant to sub24 paragraph (C) of such paragraph shall apply in 
9 

†S 2938 EAS 

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 dem5 onstration program under this paragraph for 

6 each 2 fiscal year period.’’; and 

7 (3) in subsection (f)(1)— 

8 (A) in subparagraph (A), by striking ‘‘and’’ 

9 after the semicolon; 

10 (B) in subparagraph (B), by striking the 

11 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 tech15 nical assistance to States applying for grants 

16 under such subsection, and carrying out dem17 onstration programs under subsection (d), 

18 $40,000,000 for fiscal year 2023, to remain 

19 available until expended.’’. 

20 SEC. 11002. MEDICAID AND TELEHEALTH. 

21 (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-
10 

†S 2938 EAS 

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 serv5 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, modi10 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 (3) Strategies for integrating telehealth services 

14 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 Ex22 ists Nationwide as the Result of the 2019 Novel 

23 Coronavirus’’, including any renewal of such declara24 tion. 
11 

†S 2938 EAS 

1 (5) Strategies to promote the delivery of acces2 sible and culturally competent care via telehealth, in3 cluding addressing the needs of individuals with dis4 abilities, medically underserved urban and rural com5 munities, racial and ethnic minorities such as Amer6 ican Indians and Alaska Natives, individuals with 

7 limited English proficiency, and individuals of dif8 ferent age groups including children, young adults, 

9 and seniors; 

10 (6) Strategies for training and providing re11 sources to providers and patients on the use of tele12 health, including working with interpreters to furnish 

13 health services and providing resources in multiple 

14 languages. 

15 (7) Integrating the use of existing video plat16 forms that enable multi-person video calls. 

17 (8) Best practices to support the delivery of cov18 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. 
12 

†S 2938 EAS 

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 Se15 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 SERV24 ICES IN SCHOOLS. 

25 (a) GUIDANCE AND TECHNICAL ASSISTANCE.— 
13 

†S 2938 EAS 

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 Med6 icaid agencies, local educational agencies, and 

7 school-based entities to support the delivery of 

8 medical assistance to Medicaid and CHIP bene9 ficiaries in school-based settings. 

10 (B) REQUIRED INFORMATION.—The guid11 ance issued pursuant to subparagraph (A) 

12 shall— 

13 (i) include updates to the May 2003 

14 Medicaid School-Based Administrative 

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; 

19 (ii) clarify that payments may be 

20 made to school-based entities under Med21 icaid for delivering assistance under Med22 icaid, including any such assistance pro23 vided in accordance with an individualized 

24 education program or under the policy de25 scribed in the State Medicaid Director letter 
14 

†S 2938 EAS 

1 on payment for services issued on December 

2 15, 2014 (#14-006); 

3 (iii) outline strategies and tools to re4 duce administrative burdens on, and sim5 plify billing for, local educational agencies, 

6 in particular small and rural local edu7 cational agencies, and support compliance 

8 with Federal requirements regarding bill9 ing, payment, and recordkeeping, including 

10 by aligning direct service billing and school11 based administrative claiming payment sys12 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, assist18 ance under Medicaid, including expanding 

19 State programs to include all Medicaid-en20 rolled students, providing early and peri21 odic screening, diagnostic, and treatment 

22 (EPSDT) services in schools, utilizing tele23 health, coordinating with community-based 

24 mental health and substance use disorder 

25 treatment providers and organizations, co-
15 

†S 2938 EAS 

1 ordinating with managed care entities, and 

2 supporting the provision of culturally com3 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 pro12 viders enroll in Medicaid for purposes of 

13 participating in school-based programs 

14 under Medicaid. 

15 (2) TECHNICAL ASSISTANCE CENTER.— 

16 (A) IN 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 assist20 ance center to— 

21 (i) assist and expand the capacity of 

22 State Medicaid agencies and local edu23 cational agencies and school-based entities 

24 to provide assistance under Medicaid; 
16 

†S 2938 EAS 

1 (ii) reduce administrative burdens for 

2 such agencies and health centers or entities; 

3 (iii) support State educational agen4 cies, local educational agencies, and school5 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 De10 partment of Education with respect to the 

11 provision of, and payment for, assistance 

12 under Medicaid by local educational agen13 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 Depart18 ment of Education, and other Federal agen19 cies to ensure payment under Medicaid for 

20 assistance provided in school-based settings. 

21 (B) SMALL AND RURAL SCHOOLS.—The Sec22 retary shall ensure that the technical assistance 

23 center includes resources which are specifically 

24 designed to help support small and rural local 
17 

†S 2938 EAS 

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 Treas9 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.). 
18 

†S 2938 EAS 

1 (2) INDIVIDUALIZED EDUCATION PROGRAM.—The 

2 term ‘‘individualized education program’’ has the 

3 meaning given such term in section 602(14) of the In4 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 Se8 curity Act (42 U.S.C. 1396 et seq.). 

9 (4) SCHOOL-BASED ENTITY.—The term ‘‘school10 based entity’’ means— 

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

12 term is defined in section 2110(c)(9) of the So13 cial Security Act (42 U.S.C. 1397jj(c)(9)); and 

14 (B) an entity that provides medical assist15 ance in a school-based setting for which Federal 

16 financial participation is allowed under Med17 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. 
19 

†S 2938 EAS 

1 (7) STATE EDUCATIONAL AGENCY; LOCAL EDU2 CATIONAL AGENCY.—The terms ‘‘State educational 

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

4 meaning given those terms in section 8101 of the Ele5 mentary and Secondary Education Act of 1965 (20 

6 U.S.C. 7801). 

7 SEC. 11004. REVIEW OF STATE IMPLEMENTATION OF EARLY 

8 AND PERIODIC SCREENING, DIAGNOSTIC, 

9 AND TREATMENT SERVICES. 

10 (a) REVIEW.— 

11 (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 re15 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 re21 spect to the provision of such services by man22 aged care organizations, prepaid inpatient 

23 health plans, prepaid ambulatory health plans, 

24 and primary care case managers; 
20 

†S 2938 EAS 

1 (B) identify gaps and deficiencies with re2 spect to State compliance with such require3 ments; 

4 (C) provide technical assistance to States to 

5 address such gaps and deficiencies; and 

6 (D) issue guidance to States on the Med7 icaid coverage requirements for such services that 

8 includes best practices for ensuring children have 

9 access to comprehensive health care services, in10 cluding children without a mental health or sub11 stance use disorder diagnosis. 

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

13 months after each date on which the Secretary com14 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 Com17 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 de20 scriptions of actions taken by the Secretary or by 

21 States as a result of such activities, and any addi22 tional actions the Secretary plans to carry out or that 

23 States are required to carry out as a result of such 

24 activities. 
21 

†S 2938 EAS 

1 (3) FUNDING.—Out of any funds in the Treas2 ury not otherwise appropriated, there is appropriated 

3 to the Secretary to carry out this subsection, to re4 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 evalu11 ating State implementation under Medicaid of the 

12 early and periodic screening, diagnostic, and treat13 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 ac17 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 orga20 nizations, prepaid inpatient health plans, prepaid 

21 ambulatory health plans, and primary care case 

22 managers, and shall provide recommendations as ap23 propriate to improve State compliance with the re24 quirements for providing such benefit, State oversight 

25 of managed care organizations, prepaid inpatient 
22 

†S 2938 EAS 

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 con8 ducted under paragraph (1) that includes the rec9 ommendations required by such paragraph, as well as 

10 recommendations for such legislation and administra11 tive action as the Comptroller General determines ap12 propriate. 

13 (c) DEFINITIONS.—In this section: 

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

15 program established under title XIX of the Social Se16 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. 
23 

†S 2938 EAS 

1 SEC. 11005. PEDIATRIC MENTAL HEALTH CARE ACCESS 

2 GRANTS. 

3 Section 330M of the Public Health Service Act (42 

4 U.S.C. 254c–19) is amended— 

5 (1) in the section enumerator, by striking 

6 ‘‘330M’’ and inserting ‘‘330M.’’; 

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

8 paragraph (1)— 

9 (A) by inserting ‘‘or cooperative agree10 ments’’ 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 subpara17 graph (A), by striking ‘‘a grant’’ and in18 serting ‘‘an award’’; 

19 (ii) in subparagraph (G), by inserting 

20 ‘‘developmental-behavioral pediatricians,’’ 

21 after ‘‘psychiatrists,’’; 

22 (iii) in subparagraph (H), by insert23 ing ‘‘provide information to pediatric 

24 health care providers about available mental 

25 health services for children in the commu26 nity and’’ before ‘‘assist’’; and 
24 

†S 2938 EAS 

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 fol6 lowing: 

7 ‘‘(2) SUPPORT TO SCHOOLS AND EMERGENCY DE8 PARTMENTS.— 

9 ‘‘(A) IN GENERAL.—In addition to the ac10 tivities required under paragraph (1), a pedi11 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, train15 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 RECIPI22 ENTS.—An entity receiving information, consult23 ative support, training, and technical assistance 

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

25 manner consistent with, and shall ensure consist-
25 

†S 2938 EAS 

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 develop8 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 orga13 nization’’; 

14 (5) in subsections (c) and (d)— 

15 (A) by striking ‘‘a grant’’ each place it ap16 pears 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 inserting ‘‘awards’’; 

21 (7) in subsection (f)— 

22 (A) by striking ‘‘award a grant’’ and in23 serting ‘‘make an award’’; and 

24 (B) by striking ‘‘the grant’’ and inserting 

25 ‘‘the award’’; 
26 

†S 2938 EAS 

1 (8) by redesignating subsection (g) as subsection 

2 (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 tech11 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 TITLE II—FIREARMS 

17 SEC. 12001. JUVENILE RECORDS. 

18 (a) IMPROVING NICS EXAMINATION OF JUVENILE

19 RECORDS.— 

20 (1) IN GENERAL.—Section 922 of title 18, 

21 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 
27 

†S 2938 EAS 

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 (C),’’ before ‘‘3 

9 business days’’; and 

10 (bb) by striking ‘‘and’’ at the 

11 end; 

12 (II) by redesignating subpara13 graph (C) as subparagraph (D); and 

14 (III) by inserting after subpara15 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 ‘‘(i) the system provides the licensee with a 

20 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 
28 

†S 2938 EAS 

1 further investigate a possibly disqualifying juve2 nile record under subsection (d); or 

3 ‘‘(iii) in the case of such a person with re4 spect to whom the system notifies the licensee in 

5 accordance with clause (ii) that cause exists to 

6 further investigate a possibly disqualifying juve7 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’’ be21 fore ‘‘receipt’’; and 

22 (II) by striking ‘‘(g) or (n)’’ and 

23 inserting ‘‘(d), (g), or (n) (as applica24 ble)’’; 

25 (iii) in paragraph (4)— 
29 

†S 2938 EAS 

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 applica5 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 applica11 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 fol15 lowing: 

16 ‘‘(l) REQUIREMENTS RELATING TO BACKGROUND

17 CHECKS FOR PERSONS UNDER AGE 21.—If a licensee con18 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 ju24 venile justice information system, as appro25 priate, of the State in which the person resides 
30 

†S 2938 EAS 

1 for the purpose of determining whether the per2 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 sub14 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 fur18 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— 
31 

†S 2938 EAS 

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 sec6 tion 922, or State, local, or Tribal law.’’. 

7 (3) SUNSET OF REQUIREMENTS TO CONTACT

8 STATE AND LOCAL ENTITIES.—Effective on September 

9 30, 2032, paragraphs (1)(B) and (2) are repealed, 

10 and the provisions of law amended by those para11 graphs are restored as if those paragraphs had not 

12 been enacted. 

13 (b) REPORT ON 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 dis18 qualifying records under subsection (d), (g), or (n) of 

19 section 922 of title 18, United States Code, to the na20 tional instant criminal background check system es21 tablished under section 103 of the Brady Handgun 

22 Violence Prevention Act (34 U.S.C. 40901) shall sub23 mit to the Committee on the Judiciary and the Com24 mittee on Appropriations of the Senate and the Com25 mittee on the Judiciary and the Committee on Appro-
32 

†S 2938 EAS 

1 priations of the House of Representatives a report de2 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 in11 stant criminal background check system estab12 lished under section 103 of the Brady Handgun 

13 Violence Prevention Act (34 U.S.C. 40901) dur14 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 sub18 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 SEC. 12002. DEFINING ‘‘ENGAGED IN THE BUSINESS’’. 

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

24 amended— 
33 

†S 2938 EAS 

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

2 principal objective of livelihood and profit’’ and in3 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 fol8 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 
34 

†S 2938 EAS 

1 ‘‘(C) is intended— 

2 ‘‘(i) to intimidate or coerce a civilian popu3 lation; 

4 ‘‘(ii) to influence the policy of a government 

5 by intimidation or coercion; or 

6 ‘‘(iii) to affect the conduct of a government 

7 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 inter18 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 pro24 grams, which must include, at a min25 imum— 
35 

†S 2938 EAS 

1 ‘‘(I) pre-deprivation and post-dep2 rivation due process rights that prevent 

3 any violation or infringement of the 

4 Constitution of the United States, in5 cluding but not limited to the Bill of 

6 Rights, and the substantive or proce7 dural due process rights guaranteed 

8 under the Fifth and Fourteenth 

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 vio16 lation of constitutional rights, at min17 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; 

22 ‘‘(II) the right to be represented 

23 by counsel at no expense to the govern24 ment; 
36 

†S 2938 EAS 

1 ‘‘(III) pre-deprivation and post2 deprivation heightened evidentiary 

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 en8 sure the full protections of the Con9 stitution of the United States, includ10 ing but not limited to the Bill of 

11 Rights, and the substantive and proce12 dural due process rights guaranteed 

13 under the Fifth and Fourteenth 

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-
37 

†S 2938 EAS 

1 missible hearsay, unreliable, vague, 

2 speculative, and lacking a foundation; 

3 and 

4 ‘‘(IV) penalties for abuse of the 

5 program.’’. 

6 (b) ANNUAL REPORT ON CRISIS INTERVENTION PRO7 GRAMS.—Section 501 of title I of the Omnibus Crime Con8 trol and Safe Streets Act of 1968 (34 U.S.C. 10152) is 

9 amended by adding at the end the following: 

10 ‘‘(h) ANNUAL REPORT ON CRISIS INTERVENTION PRO11 GRAMS.—The Attorney General shall publish an annual re12 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 cri19 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 pro24 gram or initiative; and 
38 

†S 2938 EAS 

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 SEC. 12004. STOP ILLEGAL TRAFFICKING IN FIREARMS ACT. 

6 (a) ANTI-STRAW PURCHASING AND FIREARMS TRAF7 FICKING AMENDMENTS.— 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 932. Straw purchasing of firearms 

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

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

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

15 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 chap22 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 
39 

†S 2938 EAS 

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

11 of section 922(d); 

12 ‘‘(2) intends to use, carry, possess, or sell or oth13 erwise dispose of the firearm in furtherance of a fel14 ony, a Federal crime of terrorism, or a drug traf15 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 para20 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 a violation of 

25 subsection (b) is committed knowing or with reason-
40 

†S 2938 EAS 

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 sen4 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 per8 son to— 

9 ‘‘(1) ship, transport, transfer, cause to be trans10 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 be19 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. 
41 

†S 2938 EAS 

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 sen17 tence on a person convicted of a violation of section 

18 932 or 933, shall order, in addition to any other sen19 tence imposed pursuant to section 932 or 933, that 

20 the person forfeit to the United States all property de21 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 ‘‘(1) the fine otherwise authorized by this part; 

26 or 
42 

†S 2938 EAS 

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 amend6 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 amend10 ed by inserting ‘‘section 932 (relating to straw pur11 chasing), section 933 (relating to trafficking in fire12 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 of23 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 
43 

†S 2938 EAS 

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 of4 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 state13 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 en17 terprise should be subject to higher penalties than an 

18 otherwise unaffiliated individual. 

19 (6) TECHNICAL AND CONFORMING AMEND20 MENT.—The table of sections for chapter 44 of title 

21 18, United States Code, is amended by adding at the 

22 end the following: 

‘‘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— 
44 

†S 2938 EAS 

1 (1) in paragraph (8), by striking ‘‘or’’ at the 

2 end; 

3 (2) in paragraph (9), by striking the period at 

4 the end and inserting a semicolon; and 

5 (3) by striking the matter following paragraph 

6 (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 of10 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: 
45 

†S 2938 EAS 

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 (1) in paragraph (1), by inserting ‘‘932, or 

7 933,’’ after ‘‘section 924,’’; and 

8 (2) in paragraph (3)— 

9 (A) in subparagraph (E), by striking ‘‘and’’ 

10 at the end; 

11 (B) in subparagraph (F), by striking the 

12 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.), 
46 

†S 2938 EAS 

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 Sub13 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 ter16 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 
47 

†S 2938 EAS 

1 seq.), or chapter 705 of title 46, if the conduct had oc2 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 sec5 tion 932(a)) for which the person may be prosecuted 

6 in a court of the United States, if the conduct had oc7 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 ON FIREARMS OR AMMUNITION

11 TRANSFERS TO AGENTS OF DRUG CARTELS.—The Depart12 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 (h) FFL ACCESS TO LAW ENFORCEMENT INFORMA22 TION.— 

23 (1) IN GENERAL.—Section 103(b) of the Brady 

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

25 40901(b)), is amended— 
48 

†S 2938 EAS 

1 (A) by striking ‘‘Not later than’’ and insert2 ing the following: 

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

4 (B) by adding at the end the following: 

5 ‘‘(2) VOLUNTARY BACKGROUND CHECKS.— 

6 ‘‘(A) IN 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 re13 lating to a current or prospective employee. The 

14 Attorney General may not collect a fee for an 

15 employment background check under this sub16 paragraph. 

17 ‘‘(B) NOTICE.—Before conducting an em18 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 cur22 rent or prospective employee that the li23 censee intends to conduct the background 

24 check; and 
49 

†S 2938 EAS 

1 ‘‘(ii) obtain consent to conduct the 

2 background check from the current or pro3 spective employee in writing. 

4 ‘‘(C) EXEMPTION.—An employment back5 ground check conducted by a licensee under sub6 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 con10 ducted by a licensee under subparagraph (A) the 

11 result of which indicates that the individual is 

12 prohibited from possessing a firearm or ammu13 nition pursuant to subsection (g) or (n) of sec14 tion 922 of title 18, United States Code, may ap15 peal the results of the background check in the 

16 same manner and to the same extent as if the in17 dividual had been the subject of a background 

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

19 (2) ACQUISITION, PRESERVATION, AND EX20 CHANGE OF IDENTIFICATION RECORDS AND INFORMA21 TION.—Section 534 of title 28, United States Code, is 

22 amended— 

23 (A) in subsection (a)— 

24 (i) in paragraph (3), by striking 

25 ‘‘and’’ at the end; 
50 

†S 2938 EAS 

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 wheth9 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 Attor17 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 fire21 arms maintained by the National Crime Information 

22 Center operated by the Federal Bureau of Investiga23 tion, solely for the purpose of voluntarily verifying 

24 whether firearms offered for sale to such licensees have 

25 been stolen. 
51 

†S 2938 EAS 

1 (4) STATUTORY CONSTRUCTION; EVIDENCE.— 

2 (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, manu7 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 chap15 ter 44 of title 18, United States Code, of the sys16 tems, information, or records made available 

17 under this subsection or the amendments made 

18 by this subsection shall not be admissible as evi19 dence in any proceeding of any court, agency, 

20 board, or other entity. 

21 (i) FUNDING FOR EXISTING ATF ANTI-STRAW PUR22 CHASING CAMPAIGN.—There are authorized to be appro23 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 
52 

†S 2938 EAS 

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 FOR

6 ASSISTANCE PROVIDED TO DHS-HSI TO PREVENT ILLE7 GAL TRAFFICKING.—Section 432(d)(2) of the Homeland Se8 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 (A) by striking ‘‘or by a person’’ and insert20 ing ‘‘by a person’’; and 

21 (B) by inserting before the period at the end 

22 the following: ‘‘, or by a person who has a cur23 rent or recent former dating relationship with 

24 the victim’’; and 

25 (2) by adding at the end the following: 
53 

†S 2938 EAS 

1 ‘‘(37)(A) The term ‘dating relationship’ means a rela2 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 rela6 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 be11 tween the individuals involved in the relationship. 

12 ‘‘(C) A casual acquaintanceship or ordinary frater13 nization in a business or social context does not constitute 

14 a dating relationship under subparagraph (A).’’. 

15 (b) NO RETROACTIVE APPLICATION.—The amend16 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 ON CONVICTIONS OF CRIMES OF DO20 MESTIC VIOLENCE WITH RESPECT TO DATING RELATION21 SHIPS.—Section 921(a)(33) of title 18, United States Code, 

22 is amended— 

23 (1) in subparagraph (A)— 
54 

†S 2938 EAS 

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

2 striking ‘‘subparagraph (C)’’ and inserting ‘‘sub3 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 con8 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 
55 

†S 2938 EAS 

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.’’. 

14 TITLE III—OTHER MATTERS 

15 Subtitle A—Extension of 

16 Moratorium 

17 SEC. 13101. EXTENSION OF MORATORIUM ON IMPLEMENTA18 TION OF RULE RELATING TO ELIMINATING 

19 THE ANTI-KICKBACK STATUTE SAFE HARBOR 

20 PROTECTION FOR PRESCRIPTION DRUG RE21 BATES. 

22 Section 90006 of division I of the Infrastructure In23 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’’. 
56 

†S 2938 EAS 

1 Subtitle B—Medicare Improvement 

2 Fund 

3 SEC. 13201. MEDICARE IMPROVEMENT FUND. 

4 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 Subtitle C—Luke and Alex School 

9 Safety Act of 2022 

10 SEC. 13301. SHORT TITLE. 

11 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 EVIDENCE-BASED PRACTICES. 

15 (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 SAFE19 TY EVIDENCE-BASED PRACTICES. 

20 ‘‘(a) ESTABLISHMENT.— 

21 ‘‘(1) IN GENERAL.—The Secretary, in coordina22 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-
57 

†S 2938 EAS 

1 tion referred to as the ‘Clearinghouse’) within the De2 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 im7 prove school safety for use by State and local edu8 cational agencies, institutions of higher education, 

9 State and local law enforcement agencies, health pro10 fessionals, and the general public. 

11 ‘‘(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 Edu17 cation, the Attorney General, and the Secretary 

18 of Health and Human Services may detail per19 sonnel to the Clearinghouse. 

20 ‘‘(4) EXEMPTIONS.— 

21 ‘‘(A) PAPERWORK REDUCTION ACT.—Chap22 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 col25 lection required under this section. 
58 

†S 2938 EAS 

1 ‘‘(B) FEDERAL ADVISORY COMMITTEE

2 ACT.—The Federal Advisory Committee Act (5 

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

4 carrying out this section. 

5 ‘‘(b) CLEARINGHOUSE CONTENTS.— 

6 ‘‘(1) CONSULTATION.—In identifying the evi7 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 non11 governmental organizations, including civil 

12 rights and disability rights organizations; and 

13 ‘‘(B) consult with the Secretary of Edu14 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 evidence-based prac20 tices and recommendations of the Clearinghouse 

21 shall— 

22 ‘‘(A) include comprehensive evidence-based 

23 school safety measures; 

24 ‘‘(B) include the evidence or research ra25 tionale supporting the determination of the 
59 

†S 2938 EAS 

1 Clearinghouse that the evidence-based practice or 

2 recommendation under subparagraph (A) has 

3 been shown to have a significant effect on im4 proving the health, safety, and welfare of persons 

5 in school settings, including— 

6 ‘‘(i) relevant research that is evidence7 based, as defined in section 8101 of the Ele8 mentary and Secondary Education Act of 

9 1965 (20 U.S.C. 7801), supporting the evi10 dence-based practice or recommendation; 

11 ‘‘(ii) findings and data from previous 

12 Federal or State commissions recom13 mending improvements to the safety posture 

14 of a school; or 

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 con19 sultation with the officers described in sub20 section (a)(3)(B); 

21 ‘‘(C) include information on Federal pro22 grams for which implementation of each evi23 dence-based practice or recommendation is an el24 igible use for the program; 
60 

†S 2938 EAS 

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 edu9 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 prac17 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. 
61 

†S 2938 EAS 

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

2 shall— 

3 ‘‘(1) collect for the purpose of continuous im4 provement of the Clearinghouse— 

5 ‘‘(A) Clearinghouse data analytics; 

6 ‘‘(B) user feedback on the implementation of 

7 resources, evidence-based practices, and rec8 ommendations identified by the Clearinghouse; 

9 and 

10 ‘‘(C) any evaluations conducted on imple11 mentation of the evidence-based practices and 

12 recommendations of the Clearinghouse; and 

13 ‘‘(2) in coordination with the Secretary of Edu14 cation, the Secretary of Health and Human Services, 

15 and the Attorney General— 

16 ‘‘(A) regularly assess and identify Clearing17 house evidence-based practices and recommenda18 tions for which there are no resources available 

19 through Federal Government programs for im20 plementation; and 

21 ‘‘(B) establish an external advisory board, 

22 which shall be comprised of appropriate State, 

23 local, Tribal, private sector, and nongovern24 mental organizations, including organizations 

25 representing parents of elementary and sec-
62 

†S 2938 EAS 

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 implemen7 tation of evidence-based practices and rec8 ommendations of the Clearinghouse; and 

9 ‘‘(ii) propose additional recommenda10 tions for evidence-based practices for inclu11 sion in the Clearinghouse that meet the re12 quirements described in subsection 

13 (b)(2)(B). 

14 ‘‘(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.’’. 
63 

†S 2938 EAS 

1 SEC. 13303. NOTIFICATION OF CLEARINGHOUSE. 

2 (a) NOTIFICATION BY THE SECRETARY OF EDU3 CATION.—The 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 (1) every State and local educational agency; 

11 and 

12 (2) other Department of Education partners in 

13 the implementation of the evidence-based practices 

14 and recommendations of the Clearinghouse, as deter15 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 
64 

†S 2938 EAS 

1 practices and recommendations of the Clearinghouse, 

2 as determined appropriate by the Secretary of Home3 land Security. 

4 (c) NOTIFICATION BY THE SECRETARY OF HEALTH

5 AND 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 evi13 dence-based practices and recommendations of the 

14 Clearinghouse, as determined appropriate by the Sec15 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. 
65 

†S 2938 EAS 

1 SEC. 13304. GRANT PROGRAM REVIEW. 

2 (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 evi9 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 prac15 tice or recommendation as applicable to the agency; 

16 and 

17 (3) periodically report any findings under para18 graph (2) to the appropriate committees of Congress. 

19 (b) STATE GRANTS AND RESOURCES.—The Clearing20 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; 
66 

†S 2938 EAS 

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 evidence6 based practices and recommendations of the Clearing7 house. 

8 SEC. 13305. RULES OF CONSTRUCTION. 

9 (a) WAIVER OF REQUIREMENTS.—Nothing in this sub10 title or the amendments made by this subtitle shall be con11 strued to create, satisfy, or waive any requirement under— 

12 (1) title II of the Americans With Disabilities 

13 Act of 1990 (42 U.S.C. 12131 et seq.); 

14 (2) the Rehabilitation Act of 1973 (29 U.S.C. 

15 701 et seq.); 

16 (3) title VI of the Civil Rights Act of 1964 (42 

17 U.S.C. 2000d et seq.); 

18 (4) title IX of the Education Amendments of 

19 1972 (20 U.S.C. 1681 et seq.); or 

20 (5) the Age Discrimination Act of 1975 (42 

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

22 (b) PROHIBITION ON FEDERALLY DEVELOPED, MAN23 DATED, OR ENDORSED CURRICULUM.—Nothing in this sub24 title or the amendments made by this subtitle shall be con25 strued to authorize any officer or employee of the Federal 
67 

†S 2938 EAS 

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 Subtitle D—Amendment on ESEA 

5 Funding 

6 SEC. 13401. AMENDMENT ON ESEA FUNDING. 

7 Section 8526 of the Elementary and Secondary Edu8 cation Act of 1965 (20 U.S.C. 7906) is amended— 

9 (1) in paragraph (5), by striking ‘‘or’’ after the 

10 semicolon; 

11 (2) in paragraph (6), by striking the period at 

12 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 dan15 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 DIVISION B—APPROPRIATIONS 

19 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: 
68 

†S 2938 EAS 

1 TITLE I 

2 DEPARTMENT OF JUSTICE 

3 FEDERAL BUREAU OF INVESTIGATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 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 LOCAL LAW ENFORCEMENT ACTIVITIES

10 OFFICE OF JUSTICE PROGRAMS

11 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

12 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 
69 

†S 2938 EAS 

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 pur12 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 au21 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-
70 

†S 2938 EAS 

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: Pro4 vided further, That the grants described in this para5 graph shall be available to State criminal record re6 positories and State court systems; and 

7 (4) $250,000,000 shall be for a community vio8 lence intervention and prevention initiative. 

9 COMMUNITY ORIENTED POLICING SERVICES

10 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

11 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. 
71 

†S 2938 EAS 

1 GENERAL PROVISIONS—THIS TITLE 

2 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 pro9 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. 
72 

†S 2938 EAS 

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 com22 munity mental health services block grant program 

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

24 Health Service Act; 
73 

†S 2938 EAS 

1 (2) $40,000,000 shall be for National Child 

2 Traumatic Stress Network; 

3 (3) $240,000,000 shall be for activities and serv4 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 (4) $120,000,000 shall be for Mental Health 

8 Awareness Training; and 

9 (5) $150,000,000 shall be for the National Sui10 cide 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 So15 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 
74 

†S 2938 EAS 

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 train6 ing and enhancement under section 747 of the Public 

7 Health Service Act (42 U.S.C. 293k) to provide men8 tal and behavioral health care training as part of the 

9 training of pediatricians and other primary care cli10 nicians who plan to provide care for pediatric popu11 lations and other vulnerable populations, such as vic12 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 Re18 sources and Services Administration—Health Work19 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 
75 

†S 2938 EAS 

1 to ‘‘Health Resources and Services Administration— 

2 Maternal and Child Health’’; and 

3 (3) $50,000,000, to remain available until ex4 pended, shall be for carrying out subsection (b) of sec5 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, 
76 

†S 2938 EAS 

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 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

5 For an additional amount for ‘‘Safe Schools and Citi6 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— 
77 

†S 2938 EAS 

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 Men5 tal Health Services Professional Demonstration 

6 Grants, in addition to amounts otherwise available 

7 for such purposes. 

8 GENERAL PROVISIONS—THIS TITLE 

9 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 
78 

†S 2938 EAS 

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. 
79 

†S 2938 EAS 

1 SEC. 23003. Unless otherwise provided for by this divi2 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 ef17 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.—Not21 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 
80 

†S 2938 EAS 

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. 

117TH CONGRESS 

2D SESSION S. 2938 

SENATE AMENDMENTS TO 

HOUSE AMENDMENT