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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2938 Enrolled Bill (ENR)]

        S.2938

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two

                                 An Act

 
                     To make our communities safer.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. JOSEPH WOODROW HATCHETT UNITED STATES COURTHOUSE AND FEDERAL 
BUILDING.
    (a) Designation.--The United States Courthouse and Federal Building 
located at 111 North Adams Street in Tallahassee, Florida, shall be 
known and designated as the ``Joseph Woodrow Hatchett United States 
Courthouse and Federal Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the United States 
Courthouse and Federal Building referred to in subsection (a) shall be 
deemed to be a reference to the ``Joseph Woodrow Hatchett United States 
Courthouse and Federal Building''.
SEC. 2. LYNN C. WOOLSEY POST OFFICE BUILDING.
    (a) Designation.--The facility of the United States Postal Service 
located at 120 4th Street in Petaluma, California, shall be known and 
designated as the ``Lynn C. Woolsey Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Lynn C. 
Woolsey Post Office Building''.
SEC. 3. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Bipartisan Safer 
Communities Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Joseph Woodrow Hatchett United States Courthouse and Federal 
          Building.
Sec. 2. Lynn C. Woolsey Post Office Building.
Sec. 3. Short title; table of contents.

            DIVISION A--MENTAL HEALTH AND FIREARMS PROVISIONS

           TITLE I--CHILDREN AND FAMILY MENTAL HEALTH SERVICES

Sec. 11001. Expansion of community mental health services demonstration 
          program.
Sec. 11002. Medicaid and telehealth.
Sec. 11003. Supporting access to health care services in schools.
Sec. 11004. Review of State implementation of early and periodic 
          screening, diagnostic, and treatment services.
Sec. 11005. Pediatric mental health care access grants.

                           TITLE II--FIREARMS

Sec. 12001. Juvenile records.
Sec. 12002. Defining ``engaged in the business''.
Sec. 12003. Use of Byrne grants for implementation of State crisis 
          intervention programs.
Sec. 12004. Stop Illegal Trafficking in Firearms Act.
Sec. 12005. Misdemeanor crime of domestic violence.

                        TITLE III--OTHER MATTERS

                   Subtitle A--Extension of Moratorium

Sec. 13101. Extension of moratorium on implementation of rule relating 
          to eliminating the anti-kickback statute safe harbor 
          protection for prescription drug rebates.

                  Subtitle B--Medicare Improvement Fund

Sec. 13201. Medicare Improvement Fund.

           Subtitle C--Luke and Alex School Safety Act of 2022

Sec. 13301. Short title.
Sec. 13302. Federal Clearinghouse on School Safety Evidence-based 
          Practices.
Sec. 13303. Notification of clearinghouse.
Sec. 13304. Grant program review.
Sec. 13305. Rules of construction.

                  Subtitle D--Amendment on ESEA Funding

Sec. 13401. Amendment on ESEA funding.

                       DIVISION B--APPROPRIATIONS

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

SEC. 11001. EXPANSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION 
PROGRAM.
    Section 223 of the Protecting Access to Medicare Act of 2014 (42 
U.S.C. 1396a note) is amended--
        (1) in subsection (c), by adding at the end the following new 
    paragraph:
        ``(3) Additional planning grants for states.--In addition to 
    the planning grants awarded under paragraph (1), as soon as 
    practicable after the date of enactment of this paragraph, the 
    Secretary shall award planning grants to States (other than States 
    selected to conduct demonstration programs under paragraph (1) or 
    (8) of subsection (d)) to develop proposals to participate in time-
    limited demonstration programs described in subsection (d) so that, 
    beginning July 1, 2024, and every 2 years thereafter, up to 10 
    additional States may participate in the demonstration programs 
    described in subsection (d) in accordance with paragraph (9) of 
    that subsection.'';
        (2) in subsection (d)--
            (A) in paragraph (3)--
                (i) by striking ``September 30, 2023'' and inserting 
            ``September 30, 2025''; and
                (ii) by striking ``Subject to paragraph (8)'' and 
            inserting ``Subject to paragraphs (8) and (9)'';
            (B) in paragraph (5)--
                (i) in subparagraph (B), in the matter preceding clause 
            (i), by striking ``that is furnished'' and inserting ``that 
            is furnished by a State participating in an ongoing 
            demonstration program under this subsection'';
                (ii) in subparagraph (C)(iii)--

                    (I) in subclause (I), by striking ``September 30, 
                2023; and'' and inserting ``September 30, 2025;'';
                    (II) in subclause (II), by striking ``under 
                paragraph (8)'' and all that follows through the period 
                and inserting ``under paragraph (8), during the first 
                24 fiscal quarter period (or any portion of such 
                period) that the State participates in the 
                demonstration program; and''; and
                    (III) by adding at the end the following new 
                subclause:
                    ``(III) in the case of a State selected to 
                participate in the demonstration program under 
                paragraph (9), during the first 16 fiscal quarter 
                period (or any portion of such period) that the State 
                participates in the demonstration program.''; and

                (iii) by adding at the end the following:
            ``(D) Rule of construction.--Nothing in this section shall 
        be construed as prohibiting a State that participated in a 
        demonstration program under this subsection that has ended from 
        receiving Federal financial participation under title XIX of 
        the Social Security Act for amounts expended by the State under 
        a State plan under such title (or a waiver of such plan) for 
        providing medical assistance for items and services, and 
        carrying out activities, including continuing to pay for 
        services under the prospective payment system established under 
        subsection (c), that were provided or carried out by the State 
        under the demonstration program, to the extent such financial 
        participation is otherwise available under such title.'';
            (C) in paragraph (7)--
                (i) in subparagraph (A), by inserting ``through the 
            year in which the last demonstration under this section 
            ends'' after ``annually thereafter'';
                (ii) in subparagraph (B)--

                    (I) by striking ``December 31, 2021'' and inserting 
                ``September 30, 2025''; and
                    (II) by adding at the end the following new 
                sentence: ``Such recommendations shall include data 
                collected after 2019, where feasible.''; and

                (iii) by adding at the end the following new 
            subparagraph:
            ``(C) Final evaluation.--Not later than 24 months after all 
        demonstration programs under this section have ended, the 
        Secretary shall submit to Congress a final evaluation of such 
        programs.'';
            (D) in paragraph (8)(A), by striking ``2 years'' and all 
        that follows through the period and inserting ``6 years.''; and
            (E) by adding at the end the following new paragraph:
        ``(9) Further additional programs.--
            ``(A) In general.--In addition to the States selected under 
        paragraphs (1) and (8), the Secretary shall select any State 
        that meets the requirements described in subparagraph (B) to 
        conduct a demonstration program that meets the requirements of 
        this subsection for 4 years.
            ``(B) Requirements.--The requirements described in this 
        subparagraph with respect to a State are that the State--
                ``(i) was awarded a planning grant under paragraph (1) 
            or (3) of subsection (c); and
                ``(ii) submits an application (in addition to any 
            application that the State may have previously submitted 
            under this section) that includes the information described 
            in paragraph (2)(B).
            ``(C) Requirements for selected states.--The requirements 
        applicable to States selected under paragraph (8) pursuant to 
        subparagraph (C) of such paragraph shall apply in the same 
        manner to States selected under this paragraph.
            ``(D) Limitation.--The Secretary shall not select more than 
        10 States to conduct a demonstration program under this 
        paragraph for each 2 fiscal year period.''; and
        (3) in subsection (f)(1)--
            (A) in subparagraph (A), by striking ``and'' after the 
        semicolon;
            (B) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (C) by adding at the end the following:
            ``(C) for purposes of awarding planning grants under 
        subsection (c)(3), providing technical assistance to States 
        applying for grants under such subsection, and carrying out 
        demonstration programs under subsection (d), $40,000,000 for 
        fiscal year 2023, to remain available until expended.''.
SEC. 11002. MEDICAID AND TELEHEALTH.
    (a) Guidance to States on Furnishing Services Through Telehealth 
Under Medicaid and CHIP.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall provide technical assistance 
and issue guidance to States on improving access to telehealth for 
services covered under Medicaid and CHIP, including with respect to:
        (1) How States can adopt flexibilities under Medicaid and CHIP 
    to expand access to covered services via telehealth, including when 
    States may adopt such flexibilities without the need for approval 
    of a State plan amendment or waiver.
        (2) Best practices regarding billing for services, including 
    recommended voluntary billing codes, modifiers, and place of 
    service designations and how such billing codes, modifiers, and 
    designations can be used to create consistent data sets.
        (3) Strategies for integrating telehealth services into value-
    based care models.
        (4) Best practices from States that have used Medicaid waivers 
    and other Medicaid authorities to expand access to telehealth, 
    including during the COVID-19 public health emergency declared by 
    the Secretary pursuant to section 319 of the Public Health Service 
    Act on January 31, 2020, entitled ``Determination that a Public 
    Health Emergency Exists Nationwide as the Result of the 2019 Novel 
    Coronavirus'', including any renewal of such declaration.
        (5) Strategies to promote the delivery of accessible and 
    culturally competent care via telehealth, including addressing the 
    needs of individuals with disabilities, medically underserved urban 
    and rural communities, racial and ethnic minorities such as 
    American Indians and Alaska Natives, individuals with limited 
    English proficiency, and individuals of different age groups 
    including children, young adults, and seniors;
        (6) Strategies for training and providing resources to 
    providers and patients on the use of telehealth, including working 
    with interpreters to furnish health services and providing 
    resources in multiple languages.
        (7) Integrating the use of existing video platforms that enable 
    multi-person video calls.
        (8) Best practices to support the delivery of covered services 
    under Medicaid and CHIP via telehealth in schools, including 
    specifically for the provision of mental health and substance use 
    disorder services in such settings.
        (9) Strategies for evaluating how the delivery of health 
    services via telehealth affects quality, outcomes, and cost under 
    Medicaid and CHIP.
        (10) Best practices for conveying information to beneficiaries 
    regarding the availability of telehealth as an option to receive 
    services covered under Medicaid and CHIP, including the 
    availability of audio-only telehealth, the ability to receive such 
    services from a patient's home, and requirements related to in-
    person visits.
    (b) Definitions.--In this section:
        (1) CHIP.--The term ``CHIP'' means the State children's health 
    insurance program established under title XXI of the Social 
    Security Act (42 U.S.C. 1397aa et seq.).
        (2) Medicaid.--The term ``Medicaid'' means the program 
    established under title XIX of the Social Security Act (42 U.S.C. 
    1396 et seq.).
        (3) Secretary.--Except as otherwise provided, the term 
    ``Secretary'' means the Secretary of Health and Human Services.
        (4) State.--The term ``State'' has the meaning given that term 
    in section 1101(a)(1) of the Social Security Act (42 U.S.C. 
    1301(a)(1)) for purposes of titles XIX and XXI of such Act.
SEC. 11003. SUPPORTING ACCESS TO HEALTH CARE SERVICES IN SCHOOLS.
    (a) Guidance and Technical Assistance.--
        (1) Guidance.--
            (A) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Education, shall issue guidance to State Medicaid 
        agencies, local educational agencies, and school-based entities 
        to support the delivery of medical assistance to Medicaid and 
        CHIP beneficiaries in school-based settings.
            (B) Required information.--The guidance issued pursuant to 
        subparagraph (A) shall--
                (i) include updates to the May 2003 Medicaid School-
            Based Administrative Claiming Guide, the 1997 Medicaid and 
            Schools Technical Assistance Guide, and other relevant 
            guidance in effect on the date of enactment of this Act;
                (ii) clarify that payments may be made to school-based 
            entities under Medicaid for delivering assistance under 
            Medicaid, including any such assistance provided in 
            accordance with an individualized education program or 
            under the policy described in the State Medicaid Director 
            letter on payment for services issued on December 15, 2014 
            (#14-006);
                (iii) outline strategies and tools to reduce 
            administrative burdens on, and simplify billing for, local 
            educational agencies, in particular small and rural local 
            educational agencies, and support compliance with Federal 
            requirements regarding billing, payment, and recordkeeping, 
            including by aligning direct service billing and school-
            based administrative claiming payment systems;
                (iv) include a comprehensive list of best practices and 
            examples of approved methods that State Medicaid agencies 
            and local educational agencies have used to pay for, and 
            increase the availability of, assistance under Medicaid, 
            including expanding State programs to include all Medicaid-
            enrolled students, providing early and periodic screening, 
            diagnostic, and treatment (EPSDT) services in schools, 
            utilizing telehealth, coordinating with community-based 
            mental health and substance use disorder treatment 
            providers and organizations, coordinating with managed care 
            entities, and supporting the provision of culturally 
            competent and trauma-informed care in school settings; and
                (v) provide examples of the types of providers (which 
            may include qualified school health personnel) that States 
            may choose to enroll, deem, or otherwise treat as 
            participating providers for purposes of school-based 
            programs under Medicaid and best practices related to 
            helping such providers enroll in Medicaid for purposes of 
            participating in school-based programs under Medicaid.
        (2) Technical assistance center.--
            (A) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Education, shall establish a technical assistance 
        center to--
                (i) assist and expand the capacity of State Medicaid 
            agencies and local educational agencies and school-based 
            entities to provide assistance under Medicaid;
                (ii) reduce administrative burdens for such agencies 
            and health centers or entities;
                (iii) support State educational agencies, local 
            educational agencies, and school-based entities in 
            obtaining payment for the provision of assistance under 
            Medicaid;
                (iv) ensure ongoing coordination and collaboration 
            between the Department of Health and Human Services and the 
            Department of Education with respect to the provision of, 
            and payment for, assistance under Medicaid by local 
            educational agencies; and
                (v) provide information to State and local educational 
            agencies and States on how to utilize funding from the 
            Department of Health and Human Services, the Department of 
            Education, and other Federal agencies to ensure payment 
            under Medicaid for assistance provided in school-based 
            settings.
            (B) Small and rural schools.--The Secretary shall ensure 
        that the technical assistance center includes resources which 
        are specifically designed to help support small and rural local 
        educational agencies in obtaining payment for the provision of 
        assistance under Medicaid.
            (C) Reporting.--The technical assistance center shall, on a 
        biennial basis, submit to the Secretary a report on the work of 
        the center that identifies the areas where the most assistance 
        was requested.
        (3) Funding.--Out of any funds in the Treasury not otherwise 
    appropriated, there is appropriated to the Secretary to carry out 
    this subsection, $8,000,000, for fiscal year 2022, to remain 
    available until expended.
    (b) Grants.--There is authorized to be appropriated $50,000,000 for 
fiscal year 2022 for the Secretary to award grants to States for the 
purpose of implementing, enhancing, or expanding the provision of 
assistance through school-based entities under Medicaid or CHIP. A 
State shall not use any grant funds to provide medical assistance, 
child health assistance, or other health services.
    (c) Definitions.--For purposes of this section:
        (1) CHIP.--The term ``CHIP'' means the State children's health 
    insurance program established under title XXI of the Social 
    Security Act (42 U.S.C. 1397aa et seq.).
        (2) Individualized education program.--The term 
    ``individualized education program'' has the meaning given such 
    term in section 602(14) of the Individuals with Disabilities 
    Education Act (20 U.S.C. 1401(14)).
        (3) Medicaid.--The term ``Medicaid'' means the program 
    established under title XIX of the Social Security Act (42 U.S.C. 
    1396 et seq.).
        (4) School-based entity.--The term ``school-based entity'' 
    means--
            (A) a school-based health center, as that term is defined 
        in section 2110(c)(9) of the Social Security Act (42 U.S.C. 
        1397jj(c)(9)); and
            (B) an entity that provides medical assistance in a school-
        based setting for which Federal financial participation is 
        allowed under Medicaid.
        (5) Secretary.--Except as otherwise provided, the term 
    ``Secretary'' means the Secretary of Health and Human Services.
        (6) State.--The term ``State'' has the meaning given that term 
    in section 1101(a)(1) of the Social Security Act (42 U.S.C. 
    1301(a)(1)) for purposes of titles XIX and XXI of such Act.
        (7) State educational agency; local educational agency.--The 
    terms ``State educational agency'' and ``local educational agency'' 
    have the meaning given those terms in section 8101 of the 
    Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 11004. REVIEW OF STATE IMPLEMENTATION OF EARLY AND PERIODIC 
SCREENING, DIAGNOSTIC, AND TREATMENT SERVICES.
    (a) Review.--
        (1) In general.--Not later than 24 months after the date of 
    enactment of Act, and every 5 years thereafter, the Secretary 
    shall--
            (A) review State implementation of the requirements for 
        providing early and periodic screening, diagnostic, and 
        treatment services under Medicaid in accordance with sections 
        1902(a)(43), 1905(a)(4)(B), and 1905(r) of the Social Security 
        Act (42 U.S.C. 1396a(a)(43), 1396d(a)(4)(B), 1396d(r)), 
        including with respect to the provision of such services by 
        managed care organizations, prepaid inpatient health plans, 
        prepaid ambulatory health plans, and primary care case 
        managers;
            (B) identify gaps and deficiencies with respect to State 
        compliance with such requirements;
            (C) provide technical assistance to States to address such 
        gaps and deficiencies; and
            (D) issue guidance to States on the Medicaid coverage 
        requirements for such services that includes best practices for 
        ensuring children have access to comprehensive health care 
        services, including children without a mental health or 
        substance use disorder diagnosis.
        (2) Reports to congress.--Not later than 6 months after each 
    date on which the Secretary completes the activities described in 
    paragraph (1), the Secretary shall submit to the Committee on 
    Finance of the Senate and the Committee on Energy and Commerce of 
    the House of Representatives a report on the most recent activities 
    completed for purposes of such paragraph that includes the findings 
    made, and descriptions of actions taken by the Secretary or by 
    States as a result of such activities, and any additional actions 
    the Secretary plans to carry out or that States are required to 
    carry out as a result of such activities.
        (3) Funding.--Out of any funds in the Treasury not otherwise 
    appropriated, there is appropriated to the Secretary to carry out 
    this subsection, to remain available until expended, $5,000,000, 
    for each of fiscal years 2023 and 2024, and $1,000,000 for each 
    fiscal year thereafter.
    (b) GAO Study and Report.--
        (1) Study.--The Comptroller General of the United States (in 
    this subsection referred to as the ``Comptroller General'') shall 
    conduct a study evaluating State implementation under Medicaid of 
    the early and periodic screening, diagnostic, and treatment 
    services benefit required for children by section 1905(a)(4)(B) of 
    the Social Security Act (42 U.S.C. 1396d(a)(4)(B)) and as defined 
    in section 1905(r) of such Act (42 U.S.C. 1396d(r)) and provided in 
    accordance with the requirements of section 1902(a)(43) of such Act 
    (42 U.S.C. 1396a(a)(43)), specifically with respect to State 
    oversight of managed care organizations, prepaid inpatient health 
    plans, prepaid ambulatory health plans, and primary care case 
    managers, and shall provide recommendations as appropriate to 
    improve State compliance with the requirements for providing such 
    benefit, State oversight of managed care organizations, prepaid 
    inpatient health plans, prepaid ambulatory health plans, and 
    primary care case managers, and oversight of State programs under 
    Medicaid by the Administrator of the Centers for Medicare & 
    Medicaid Services.
        (2) Report.--Not later than 3 years after the date of enactment 
    of this Act, the Comptroller General shall submit to Congress a 
    report on the study conducted under paragraph (1) that includes the 
    recommendations required by such paragraph, as well as 
    recommendations for such legislation and administrative action as 
    the Comptroller General determines appropriate.
    (c) Definitions.--In this section:
        (1) Medicaid.--The term ``Medicaid'' means the program 
    established under title XIX of the Social Security Act (42 U.S.C. 
    1396 et seq.).
        (2) Secretary.--Except as otherwise provided, the term 
    ``Secretary'' means the Secretary of Health and Human Services.
        (3) State.--The term ``State'' has the meaning given that term 
    in section 1101(a)(1) of the Social Security Act (42 U.S.C. 
    1301(a)(1)) for purposes of titles XIX and XXI of such Act.
SEC. 11005. PEDIATRIC MENTAL HEALTH CARE ACCESS GRANTS.
    Section 330M of the Public Health Service Act (42 U.S.C. 254c-19) 
is amended--
        (1) in the section enumerator, by striking ``330M'' and 
    inserting ``330M.'';
        (2) in subsection (a), in the matter preceding paragraph (1)--
            (A) by inserting ``or cooperative agreements'' after 
        ``award grants''; and
            (B) by striking ``Indian tribes and tribal organizations'' 
        and inserting ``Indian Tribes and Tribal organizations'';
        (3) in subsection (b)--
            (A) in paragraph (1)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``a grant'' and inserting ``an award'';
                (ii) in subparagraph (G), by inserting ``developmental-
            behavioral pediatricians,'' after ``psychiatrists,'';
                (iii) in subparagraph (H), by inserting ``provide 
            information to pediatric health care providers about 
            available mental health services for children in the 
            community and'' before ``assist''; and
                (iv) in subparagraph (I), by striking ``problems'' and 
            inserting ``conditions'';
            (B) by redesignating paragraph (2) as paragraph (3);
            (C) by inserting after paragraph (1) the following:
        ``(2) Support to schools and emergency departments.--
            ``(A) In general.--In addition to the activities required 
        under paragraph (1), a pediatric mental health care access 
        program referred to in subsection (a), with respect to which an 
        award under such subsection may be used, may provide 
        information, consultative support, training, and technical 
        assistance to--
                ``(i) emergency departments; and
                ``(ii) State educational agencies, local educational 
            agencies, Tribal educational agencies, and elementary and 
            secondary schools.
            ``(B) Requirements for certain recipients.--An entity 
        receiving information, consultative support, training, and 
        technical assistance under subparagraph (A)(ii) shall operate 
        in a manner consistent with, and shall ensure consistency with, 
        the requirements of subsections (a) and (c) of section 4001 of 
        the Elementary and Secondary Education Act with respect to such 
        information, consultative support, training, and technical 
        assistance.''; and
            (D) in paragraph (3), as so redesignated, by inserting ``, 
        and which may include a developmental-behavioral pediatrician'' 
        before the period at the end of the first sentence;
        (4) in subsections (c), (d), and (f), by striking ``Indian 
    tribe, or tribal organization'' each place it appears and inserting 
    ``Indian Tribe, or Tribal organization'';
        (5) in subsections (c) and (d)--
            (A) by striking ``a grant'' each place it appears and 
        inserting ``an award''; and
            (B) by striking ``such grant'' each place it appears and 
        inserting ``such award'';
        (6) in subsection (e), by striking ``grants'' and inserting 
    ``awards'';
        (7) in subsection (f)--
            (A) by striking ``award a grant'' and inserting ``make an 
        award''; and
            (B) by striking ``the grant'' and inserting ``the award'';
        (8) by redesignating subsection (g) as subsection (h);
        (9) by inserting after subsection (f) the following:
    ``(g) Technical Assistance.--The Secretary may--
        ``(1) provide, or continue to provide, technical assistance to 
    recipients of awards under subsection (a); and
        ``(2) award a grant or contract to an eligible public or 
    nonprofit private entity (as determined by the Secretary) for the 
    purpose of providing such technical assistance pursuant to this 
    subsection.''; and
        (10) in subsection (h), as so redesignated, by striking 
    ``$9,000,000 for the period of fiscal years 2018 through 2022'' and 
    inserting ``$31,000,000 for each of fiscal years 2023 through 
    2027''.

                           TITLE II--FIREARMS

SEC. 12001. JUVENILE RECORDS.
    (a) Improving NICS Examination of Juvenile Records.--
        (1) In general.--Section 922 of title 18, United States Code, 
    is amended--
            (A) in subsection (d)--
                (i) in the matter preceding paragraph (1), by inserting 
            ``, including as a juvenile'' after ``such person''; and
                (ii) in paragraph (4), by inserting ``at 16 years of 
            age or older'' after ``institution''; and
            (B) in subsection (t)--
                (i) in paragraph (1)--

                    (I) in subparagraph (B)(ii)--

                        (aa) by inserting ``subject to subparagraph 
                    (C),'' before ``3 business days''; and
                        (bb) by striking ``and'' at the end;

                    (II) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (III) by inserting after subparagraph (B) the 
                following:

        ``(C) in the case of a person less than 21 years of age, in 
    addition to all other requirements of this chapter--
            ``(i) the system provides the licensee with a unique 
        identification number;
            ``(ii) 3 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee contacted the 
        system, and the system has not notified the licensee that cause 
        exists to further investigate a possibly disqualifying juvenile 
        record under subsection (d); or
            ``(iii) in the case of such a person with respect to whom 
        the system notifies the licensee in accordance with clause (ii) 
        that cause exists to further investigate a possibly 
        disqualifying juvenile record under subsection (d), 10 business 
        days (meaning a day on which State offices are open) have 
        elapsed since the licensee contacted the system, and the system 
        has not notified the licensee that--
                ``(I) transferring the firearm to the other person 
            would violate subsection (d) of this section; or
                ``(II) receipt of a firearm by the other person would 
            violate subsection (g) or (n) of this section, or State, 
            local, or Tribal law; and'';
                (ii) in paragraph (2)--

                    (I) by inserting ``transfer or'' before 
                ``receipt''; and
                    (II) by striking ``(g) or (n)'' and inserting 
                ``(d), (g), or (n) (as applicable)'';

                (iii) in paragraph (4)--

                    (I) by inserting ``transfer of a firearm to or'' 
                before ``receipt''; and
                    (II) by striking ``(g) or (n)'' and inserting 
                ``(d), (g), or (n) (as applicable)''; and

                (iv) in paragraph (5)--

                    (I) by inserting ``transfer of a firearm to or'' 
                before ``receipt''; and
                    (II) by striking ``(g) or (n)'' and inserting 
                ``(d), (g), or (n) (as applicable)''.

        (2) NICS requirements.--Section 103 of the Brady Handgun 
    Violence Prevention Act (34 U.S.C. 40901) is amended by adding at 
    the end the following:
    ``(l) Requirements Relating to Background Checks for Persons Under 
Age 21.--If a licensee contacts the system established under this 
section regarding a proposed transfer of a firearm to a person less 
than 21 years of age in accordance with subsection (t) of section 922 
of title 18, United States Code, the system shall--
        ``(1) immediately contact--
            ``(A) the criminal history repository or juvenile justice 
        information system, as appropriate, of the State in which the 
        person resides for the purpose of determining whether the 
        person has a possibly disqualifying juvenile record under 
        subsection (d) of such section 922;
            ``(B) the appropriate State custodian of mental health 
        adjudication records in the State in which the person resides 
        to determine whether the person has a possibly disqualifying 
        juvenile record under subsection (d) of such section 922; and
            ``(C) a local law enforcement agency of the jurisdiction in 
        which the person resides for the purpose of determining whether 
        the person has a possibly disqualifying juvenile record under 
        subsection (d) of such section 922;
        ``(2) as soon as possible, but in no case more than 3 business 
    days, after the licensee contacts the system, notify the licensee 
    whether cause exists to further investigate a possibly 
    disqualifying juvenile record under subsection (d) of such section 
    922; and
        ``(3) if there is cause for further investigation, as soon as 
    possible, but in no case more than 10 business days, after the 
    licensee contacts the system, notify the licensee whether--
            ``(A) transfer of a firearm to the person would violate 
        subsection (d) of such section 922; or
            ``(B) receipt of a firearm by the person would violate 
        subsection (g) or (n) of such section 922, or State, local, or 
        Tribal law.''.
        (3) Sunset of requirements to contact state and local 
    entities.--Effective on September 30, 2032, paragraphs (1)(B) and 
    (2) are repealed, and the provisions of law amended by those 
    paragraphs are restored as if those paragraphs had not been 
    enacted.
    (b) Report on Removing Outdated, Expired, or Erroneous Records.--
        (1) In general.--On an annual basis for each fiscal year 
    through fiscal year 2032, each State and Federal agency responsible 
    for the submission of disqualifying records under subsection (d), 
    (g), or (n) of section 922 of title 18, United States Code, to the 
    national instant criminal background check system established under 
    section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 
    40901) shall submit to the Committee on the Judiciary and the 
    Committee on Appropriations of the Senate and the Committee on the 
    Judiciary and the Committee on Appropriations of the House of 
    Representatives a report detailing the removal from the system of 
    records that no longer prohibit an individual from lawfully 
    acquiring or possessing a firearm under such subsection (d), (g), 
    or (n).
        (2) Contents.--Each report submitted by a State or Federal 
    agency under paragraph (1) shall include pertinent information on--
            (A) the number of records that the State or Federal agency 
        removed from the national instant criminal background check 
        system established under section 103 of the Brady Handgun 
        Violence Prevention Act (34 U.S.C. 40901) during the reporting 
        period;
            (B) why the records were removed; and
            (C) for each record removed, the nature of the 
        disqualifying characteristic outlined in subsection (d), (g), 
        or (n) of section 922 of title 18, United States Code, that 
        caused the State or Federal agency to originally submit the 
        record to the system.
SEC. 12002. DEFINING ``ENGAGED IN THE BUSINESS''.
    Section 921(a) of title 18, United States Code, is amended--
        (1) in paragraph (21)(C), by striking ``with the principal 
    objective of livelihood and profit'' and inserting ``to 
    predominantly earn a profit'';
        (2) by redesignating paragraphs (22) through (29) as paragraphs 
    (23) through (30), respectively; and
        (3) by inserting after paragraph (21) the following:
    ``(22) The term `to predominantly earn a profit' means that the 
intent underlying the sale or disposition of firearms is predominantly 
one of obtaining pecuniary gain, as opposed to other intents, such as 
improving or liquidating a personal firearms collection:  Provided, 
That proof of profit shall not be required as to a person who engages 
in the regular and repetitive purchase and disposition of firearms for 
criminal purposes or terrorism. For purposes of this paragraph, the 
term `terrorism' means activity, directed against United States 
persons, which--
        ``(A) is committed by an individual who is not a national or 
    permanent resident alien of the United States;
        ``(B) involves violent acts or acts dangerous to human life 
    which would be a criminal violation if committed within the 
    jurisdiction of the United States; and
        ``(C) is intended--
            ``(i) to intimidate or coerce a civilian population;
            ``(ii) to influence the policy of a government by 
        intimidation or coercion; or
            ``(iii) to affect the conduct of a government by 
        assassination or kidnapping.''.
SEC. 12003. USE OF BYRNE GRANTS FOR IMPLEMENTATION OF STATE CRISIS 
INTERVENTION PROGRAMS.
    (a) Byrne JAG Program.--Section 501(a)(1) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is 
amended--
        (1) in the matter preceding subparagraph (A), by inserting ``or 
    civil proceedings'' after ``criminal justice''; and
        (2) by adding at the end the following:
            ``(I) Implementation of State crisis intervention court 
        proceedings and related programs or initiatives, including but 
        not limited to--
                ``(i) mental health courts;
                ``(ii) drug courts;
                ``(iii) veterans courts; and
                ``(iv) extreme risk protection order programs, which 
            must include, at a minimum--

                    ``(I) pre-deprivation and post-deprivation due 
                process rights that prevent any violation or 
                infringement of the Constitution of the United States, 
                including but not limited to the Bill of Rights, and 
                the substantive or procedural due process rights 
                guaranteed under the Fifth and Fourteenth Amendments to 
                the Constitution of the United States, as applied to 
                the States, and as interpreted by State courts and 
                United States courts (including the Supreme Court of 
                the United States). Such programs must include, at the 
                appropriate phase to prevent any violation of 
                constitutional rights, at minimum, notice, the right to 
                an in-person hearing, an unbiased adjudicator, the 
                right to know opposing evidence, the right to present 
                evidence, and the right to confront adverse witnesses;
                    ``(II) the right to be represented by counsel at no 
                expense to the government;
                    ``(III) pre-deprivation and post-deprivation 
                heightened evidentiary standards and proof which mean 
                not less than the protections afforded to a similarly 
                situated litigant in Federal court or promulgated by 
                the State's evidentiary body, and sufficient to ensure 
                the full protections of the Constitution of the United 
                States, including but not limited to the Bill of 
                Rights, and the substantive and procedural due process 
                rights guaranteed under the Fifth and Fourteenth 
                Amendments to the Constitution of the United States, as 
                applied to the States, and as interpreted by State 
                courts and United States courts (including the Supreme 
                Court of the United States). The heightened evidentiary 
                standards and proof under such programs must, at all 
                appropriate phases to prevent any violation of any 
                constitutional right, at minimum, prevent reliance upon 
                evidence that is unsworn or unaffirmed, irrelevant, 
                based on inadmissible hearsay, unreliable, vague, 
                speculative, and lacking a foundation; and
                    ``(IV) penalties for abuse of the program.''.

    (b) Annual Report on Crisis Intervention Programs.--Section 501 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10152) is amended by adding at the end the following:
    ``(h) Annual Report on Crisis Intervention Programs.--The Attorney 
General shall publish an annual report with respect to grants awarded 
for crisis intervention programs or initiatives under subsection 
(a)(1)(I) that contains--
        ``(1) a description of the grants awarded and the crisis 
    intervention programs or initiatives funded by the grants, broken 
    down by grant recipient;
        ``(2) an evaluation of the effectiveness of the crisis 
    intervention programs or initiatives in preventing violence and 
    suicide;
        ``(3) measures that have been taken by each grant recipient to 
    safeguard the constitutional rights of an individual subject to a 
    crisis intervention program or initiative; and
        ``(4) efforts that the Attorney General is making, in 
    coordination with the grant recipients, to protect the 
    constitutional rights of individuals subject to the crisis 
    intervention programs or initiatives.''.
SEC. 12004. STOP ILLEGAL TRAFFICKING IN FIREARMS ACT.
    (a) Anti-straw Purchasing and Firearms Trafficking Amendments.--
        (1) In general.--Chapter 44 of title 18, United States Code, is 
    amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
    ``(a) Definitions.--For purposes of this section--
        ``(1) the term `drug trafficking crime'--
            ``(A) has the meaning given that term in section 924(c)(2); 
        and
            ``(B) includes a felony punishable under the law of a State 
        for which the conduct constituting the offense would constitute 
        a felony punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
        ``(2) the term `Federal crime of terrorism' has the meaning 
    given that term in section 2332b(g)(5); and
        ``(3) the term `felony' means any offense under Federal or 
    State law punishable by imprisonment for a term exceeding 1 year.
    ``(b) Violation.--It shall be unlawful for any person to knowingly 
purchase, or conspire to purchase, any firearm in or otherwise 
affecting interstate or foreign commerce for, on behalf of, or at the 
request or demand of any other person, knowing or having reasonable 
cause to believe that such other person--
        ``(1) meets the criteria of 1 or more paragraphs of section 
    922(d);
        ``(2) intends to use, carry, possess, or sell or otherwise 
    dispose of the firearm in furtherance of a felony, a Federal crime 
    of terrorism, or a drug trafficking crime; or
        ``(3) intends to sell or otherwise dispose of the firearm to a 
    person described in paragraph (1) or (2).
    ``(c) Penalty.--
        ``(1) In general.--Except as provided in paragraph (2), any 
    person who violates subsection (b) shall be fined under this title, 
    imprisoned for not more than 15 years, or both.
        ``(2) Use in felonies, crimes of terrorism, or drug trafficking 
    crimes.--If a violation of subsection (b) is committed knowing or 
    with reasonable cause to believe that any firearm involved will be 
    used to commit a felony, a Federal crime of terrorism, or a drug 
    trafficking crime, the person shall be sentenced to a term of 
    imprisonment of not more than 25 years.
``Sec. 933. Trafficking in firearms
    ``(a) In General.--It shall be unlawful for any person to--
        ``(1) ship, transport, transfer, cause to be transported, or 
    otherwise dispose of any firearm to another person in or otherwise 
    affecting interstate or foreign commerce, if such person knows or 
    has reasonable cause to believe that the use, carrying, or 
    possession of a firearm by the recipient would constitute a felony 
    (as defined in section 932(a));
        ``(2) receive from another person any firearm in or otherwise 
    affecting interstate or foreign commerce, if the recipient knows or 
    has reasonable cause to believe that such receipt would constitute 
    a felony; or
        ``(3) attempt or conspire to commit the conduct described in 
    paragraph (1) or (2).
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned for not more than 15 years, or both.
``Sec. 934. Forfeiture and fines
    ``(a) Forfeiture.--
        ``(1) In general.--Any person convicted of a violation of 
    section 932 or 933 shall forfeit to the United States, irrespective 
    of any provision of State law--
            ``(A) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as the 
        result of such violation; and
            ``(B) any of the person's property used, or intended to be 
        used, in any manner or part, to commit, or to facilitate the 
        commission of, such violation, except that for any forfeiture 
        of any firearm or ammunition pursuant to this section, section 
        924(d) shall apply.
        ``(2) Imposition.--The court, in imposing sentence on a person 
    convicted of a violation of section 932 or 933, shall order, in 
    addition to any other sentence imposed pursuant to section 932 or 
    933, that the person forfeit to the United States all property 
    described in paragraph (1).
    ``(b) Fines.--A defendant who derives profits or other proceeds 
from an offense under section 932 or 933 may be fined not more than the 
greater of--
        ``(1) the fine otherwise authorized by this part; or
        ``(2) the amount equal to twice the gross profits or other 
    proceeds of the offense under section 932 or 933.''.
        (2) Title iii authorization.--Section 2516(1)(n) of title 18, 
    United States Code, is amended by striking ``sections 922 and 924'' 
    and inserting ``section 922, 924, 932, or 933''.
        (3) Racketeering amendment.--Section 1961(1)(B) of title 18, 
    United States Code, is amended by inserting ``section 932 (relating 
    to straw purchasing), section 933 (relating to trafficking in 
    firearms),'' before ``section 1028''.
        (4) Money laundering amendment.--Section 1956(c)(7)(D) of title 
    18, United States Code, is amended by striking ``section 924(n)'' 
    and inserting ``section 924(n), 932, or 933''.
        (5) Directive to sentencing commission.--Pursuant to its 
    authority under section 994 of title 28, United States Code, and in 
    accordance with this subsection, the United States Sentencing 
    Commission shall review and amend its guidelines and policy 
    statements to ensure that persons convicted of an offense under 
    section 932 or 933 of title 18, United States Code, and other 
    offenses applicable to the straw purchases and trafficking of 
    firearms are subject to increased penalties in comparison to those 
    currently provided by the guidelines and policy statements for such 
    straw purchasing and trafficking of firearms offenses. In its 
    review, the Commission shall consider, in particular, an 
    appropriate amendment to reflect the intent of Congress that straw 
    purchasers without significant criminal histories receive sentences 
    that are sufficient to deter participation in such activities and 
    reflect the defendant's role and culpability, and any coercion, 
    domestic violence survivor history, or other mitigating factors. 
    The Commission shall also review and amend its guidelines and 
    policy statements to reflect the intent of Congress that a person 
    convicted of an offense under section 932 or 933 of title 18, 
    United States Code, who is affiliated with a gang, cartel, 
    organized crime ring, or other such enterprise should be subject to 
    higher penalties than an otherwise unaffiliated individual.
        (6) Technical and conforming amendment.--The table of sections 
    for chapter 44 of title 18, United States Code, is amended by 
    adding at the end the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.

    (b) Amendments to Section 922(d).--Section 922(d) of title 18, 
United States Code, is amended--
        (1) in paragraph (8), by striking ``or'' at the end;
        (2) in paragraph (9), by striking the period at the end and 
    inserting a semicolon; and
        (3) by striking the matter following paragraph (9) and 
    inserting the following:
        ``(10) intends to sell or otherwise dispose of the firearm or 
    ammunition in furtherance of a felony, a Federal crime of 
    terrorism, or a drug trafficking offense (as such terms are defined 
    in section 932(a)); or
        ``(11) intends to sell or otherwise dispose of the firearm or 
    ammunition to a person described in any of paragraphs (1) through 
    (10).
This subsection shall not apply with respect to the sale or disposition 
of a firearm or ammunition to a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector who pursuant to 
subsection (b) of section 925 is not precluded from dealing in firearms 
or ammunition, or to a person who has been granted relief from 
disabilities pursuant to subsection (c) of section 925.''.
    (c) Amendments to Section 924(a).--Section 924(a) of title 18, 
United States Code, is amended--
        (1) in paragraph (2), by striking ``(d), (g),''; and
        (2) by adding at the end the following:
        ``(8) Whoever knowingly violates subsection (d) or (g) of 
    section 922 shall be fined under this title, imprisoned for not 
    more than 15 years, or both.''.
    (d) Amendments to Section 924(d).--Section 924(d) of title 18, 
United States Code, is amended--
        (1) in paragraph (1), by inserting ``932, or 933,'' after 
    ``section 924,''; and
        (2) in paragraph (3)--
            (A) in subparagraph (E), by striking ``and'' at the end;
            (B) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(G) any offense under section 932 or 933.''.
    (e) Amendments to Section 924(h).--Section 924 of title 18, United 
States Code, is amended by striking subsection (h) and inserting the 
following:
    ``(h) Whoever knowingly receives or transfers a firearm or 
ammunition, or attempts or conspires to do so, knowing or having 
reasonable cause to believe that such firearm or ammunition will be 
used to commit a felony, a Federal crime of terrorism, or a drug 
trafficking crime (as such terms are defined in section 932(a)), or a 
crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the 
Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et 
seq.), shall be fined under this title, imprisoned for not more than 15 
years, or both.''.
    (f) Amendments to Section 924(k).--Section 924 of title 18, United 
States Code, is amended by striking subsection (k) and inserting the 
following:
    ``(k)(1) A person who smuggles or knowingly brings into the United 
States a firearm or ammunition, or attempts or conspires to do so, with 
intent to engage in or to promote conduct that--
        ``(A) is punishable under the Controlled Substances Import and 
    Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; or
        ``(B) constitutes a felony, a Federal crime of terrorism, or a 
    drug trafficking crime (as such terms are defined in section 
    932(a)),
    shall be fined under this title, imprisoned for not more than 15 
    years, or both.
    ``(2) A person who smuggles or knowingly takes out of the United 
States a firearm or ammunition, or attempts or conspires to do so, with 
intent to engage in or to promote conduct that--
        ``(A) would be punishable under the Controlled Substances 
    Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of 
    title 46, if the conduct had occurred within the United States; or
        ``(B) would constitute a felony or a Federal crime of terrorism 
    (as such terms are defined in section 932(a)) for which the person 
    may be prosecuted in a court of the United States, if the conduct 
    had occurred within the United States,
shall be fined under this title, imprisoned for not more than 15 years, 
or both.''.
    (g) Prohibition on Firearms or Ammunition Transfers to Agents of 
Drug Cartels.--The Department of Justice, and any of its law 
enforcement coordinate agencies, shall not conduct or otherwise 
facilitate the transfer of an operable firearm or ammunition to an 
individual if any law enforcement officer employed by the Department of 
Justice involved with the transfer knows or has reasonable cause to 
believe that the recipient of the firearm or ammunition is an agent of 
a drug cartel, unless law enforcement personnel of the United States 
continuously monitor or control the firearm or ammunition at all times.
    (h) FFL Access to Law Enforcement Information.--
        (1) In general.--Section 103(b) of the Brady Handgun Violence 
    Prevention Act (34 U.S.C. 40901(b)), is amended--
            (A) by striking ``Not later than'' and inserting the 
        following:
        ``(1) In general.--Not later than''; and
            (B) by adding at the end the following:
        ``(2) Voluntary background checks.--
            ``(A) In general.--Not later than 90 days after the date of 
        enactment of this paragraph, the Attorney General shall 
        promulgate regulations allowing licensees to use the national 
        instant criminal background check system established under this 
        section for purposes of voluntarily conducting an employment 
        background check relating to a current or prospective employee. 
        The Attorney General may not collect a fee for an employment 
        background check under this subparagraph.
            ``(B) Notice.--Before conducting an employment background 
        check relating to a current or prospective employee under 
        subparagraph (A), a licensee shall--
                ``(i) provide written notice to the current or 
            prospective employee that the licensee intends to conduct 
            the background check; and
                ``(ii) obtain consent to conduct the background check 
            from the current or prospective employee in writing.
            ``(C) Exemption.--An employment background check conducted 
        by a licensee under subparagraph (A) shall not be governed by 
        the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
            ``(D) Appeal.--Any individual who is the subject of an 
        employment background check conducted by a licensee under 
        subparagraph (A) the result of which indicates that the 
        individual is prohibited from possessing a firearm or 
        ammunition pursuant to subsection (g) or (n) of section 922 of 
        title 18, United States Code, may appeal the results of the 
        background check in the same manner and to the same extent as 
        if the individual had been the subject of a background check 
        relating to the transfer of a firearm.''.
        (2) Acquisition, preservation, and exchange of identification 
    records and information.--Section 534 of title 28, United States 
    Code, is amended--
            (A) in subsection (a)--
                (i) in paragraph (3), by striking ``and'' at the end;
                (ii) in paragraph (4), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by inserting after paragraph (4) the following:
        ``(5) provide a person licensed as an importer, manufacturer, 
    or dealer of firearms under chapter 44 of title 18 with information 
    necessary to verify whether firearms offered for sale to such 
    licensees have been stolen.''; and
            (B) in subsection (b), by inserting ``, except for 
        dissemination authorized under subsection (a)(5) of this 
        section'' before the period.
        (3) Regulations.--Not later than 90 days after the date of 
    enactment of this Act, and without regard to chapter 5 of title 5, 
    United States Code, the Attorney General shall promulgate 
    regulations allowing a person licensed as an importer, 
    manufacturer, or dealer of firearms under chapter 44 of title 18, 
    United States Code, to receive access to records of stolen firearms 
    maintained by the National Crime Information Center operated by the 
    Federal Bureau of Investigation, solely for the purpose of 
    voluntarily verifying whether firearms offered for sale to such 
    licensees have been stolen.
        (4) Statutory construction; evidence.--
            (A) Statutory construction.--Nothing in this subsection or 
        the amendments made by this subsection shall be construed--
                (i) to create a cause of action against any person 
            licensed as an importer, manufacturer, or dealer of 
            firearms under chapter 44 of title 18, United States Code, 
            or any other person for any civil liability; or
                (ii) to establish any standard of care.
            (B) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding the use or non-use by a person licensed as 
        an importer, manufacturer, or dealer of firearms under chapter 
        44 of title 18, United States Code, of the systems, 
        information, or records made available under this subsection or 
        the amendments made by this subsection shall not be admissible 
        as evidence in any proceeding of any court, agency, board, or 
        other entity.
    (i) Funding for Existing ATF Anti-straw Purchasing Campaign.--There 
are authorized to be appropriated to the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives $1,000,000 for each of fiscal years 2023 
through 2027 to continue and expand current efforts with existing 
partners to educate persons licensed as an importer, manufacturer, or 
dealer of firearms under chapter 44 of title 18, United States Code, 
and the public to combat illegal straw purchases of firearms.
    (j) Local Law Enforcement Reimbursement for Assistance Provided to 
DHS-HSI to Prevent Illegal Trafficking.--Section 432(d)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 240(d)(2)) is amended by 
inserting ``salary reimbursement,'' after ``administrative,''.
    (k) Rule of Construction.--Nothing in this section, or an amendment 
made by this section, shall be construed to allow the establishment of 
a Federal system of registration of firearms, firearms owners, or 
firearms transactions or dispositions.
SEC. 12005. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.
    (a) Defining ``Dating Relationship''.--Section 921(a) of title 18, 
United States Code, is amended--
        (1) in paragraph (33)(A)(ii)--
            (A) by striking ``or by a person'' and inserting ``by a 
        person''; and
            (B) by inserting before the period at the end the 
        following: ``, or by a person who has a current or recent 
        former dating relationship with the victim''; and
        (2) by adding at the end the following:
    ``(37)(A) The term `dating relationship' means a relationship 
between individuals who have or have recently had a continuing serious 
relationship of a romantic or intimate nature.
    ``(B) Whether a relationship constitutes a dating relationship 
under subparagraph (A) shall be determined based on consideration of--
        ``(i) the length of the relationship;
        ``(ii) the nature of the relationship; and
        ``(iii) the frequency and type of interaction between the 
    individuals involved in the relationship.
    ``(C) A casual acquaintanceship or ordinary fraternization in a 
business or social context does not constitute a dating relationship 
under subparagraph (A).''.
    (b) No Retroactive Application.--The amendments made by subsection 
(a) shall not apply to any conviction of a misdemeanor crime of 
domestic violence entered before the date of enactment of this Act.
    (c) Limitations on Convictions of Crimes of Domestic Violence With 
Respect to Dating Relationships.--Section 921(a)(33) of title 18, 
United States Code, is amended--
        (1) in subparagraph (A)--
            (A) in the matter preceding clause (i), by striking 
        ``subparagraph (C)'' and inserting ``subparagraphs (B) and 
        (C)''; and
            (B) in clause (ii), by striking ``State,,'' and inserting 
        ``State,''; and
        (2) by adding at the end the following:
    ``(C) A person shall not be considered to have been convicted of a 
misdemeanor crime of domestic violence against an individual in a 
dating relationship for purposes of this chapter if the conviction has 
been expunged or set aside, or is an offense for which the person has 
been pardoned or has had firearm rights restored unless the 
expungement, pardon, or restoration of rights expressly provides that 
the person may not ship, transport, possess, or receive firearms:  
Provided, That, in the case of a person who has not more than 1 
conviction of a misdemeanor crime of domestic violence against an 
individual in a dating relationship, and is not otherwise prohibited 
under this chapter, the person shall not be disqualified from shipping, 
transport, possession, receipt, or purchase of a firearm under this 
chapter if 5 years have elapsed from the later of the judgment of 
conviction or the completion of the person's custodial or supervisory 
sentence, if any, and the person has not subsequently been convicted of 
another such offense, a misdemeanor under Federal, State, Tribal, or 
local law which has, as an element, the use or attempted use of 
physical force, or the threatened use of a deadly weapon, or any other 
offense that would disqualify the person under section 922(g). The 
national instant criminal background check system established under 
section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 
40901) shall be updated to reflect the status of the person. 
Restoration under this subparagraph is not available for a current or 
former spouse, parent, or guardian of the victim, a person with whom 
the victim shares a child in common, a person who is cohabiting with or 
has cohabited with the victim as a spouse, parent, or guardian, or a 
person similarly situated to a spouse, parent, or guardian of the 
victim.''.

                        TITLE III--OTHER MATTERS
                  Subtitle A--Extension of Moratorium

SEC. 13101. EXTENSION OF MORATORIUM ON IMPLEMENTATION OF RULE RELATING 
TO ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR 
PRESCRIPTION DRUG REBATES.
    Section 90006 of division I of the Infrastructure Investment and 
Jobs Act (42 U.S.C. 1320a-7b note) is amended by striking ``January 1, 
2026'' and inserting ``January 1, 2027''.

                 Subtitle B--Medicare Improvement Fund

SEC. 13201. MEDICARE IMPROVEMENT FUND.
    Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395iii(b)(1)) is amended by striking ``fiscal year 2021, $5,000,000'' 
and inserting ``fiscal year 2022, $7,500,000,000''.

          Subtitle C--Luke and Alex School Safety Act of 2022

SEC. 13301. SHORT TITLE.
    This subtitle may be cited as the ``Luke and Alex School Safety Act 
of 2022''.
SEC. 13302. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED 
PRACTICES.
    (a) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the 
following:
``SEC. 2220D. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED 
PRACTICES.
    ``(a) Establishment.--
        ``(1) In general.--The Secretary, in coordination with the 
    Secretary of Education, the Attorney General, and the Secretary of 
    Health and Human Services, shall establish a Federal Clearinghouse 
    on School Safety Evidence-based Practices (in this section referred 
    to as the `Clearinghouse') within the Department.
        ``(2) Purpose.--The Clearinghouse shall serve as a Federal 
    resource to identify and publish online through SchoolSafety.gov, 
    or any successor website, evidence-based practices and 
    recommendations to improve school safety for use by State and local 
    educational agencies, institutions of higher education, State and 
    local law enforcement agencies, health professionals, and the 
    general public.
        ``(3) Personnel.--
            ``(A) Assignments.--The Clearinghouse shall be assigned 
        such personnel and resources as the Secretary considers 
        appropriate to carry out this section.
            ``(B) Detailees.--The Secretary of Education, the Attorney 
        General, and the Secretary of Health and Human Services may 
        detail personnel to the Clearinghouse.
        ``(4) Exemptions.--
            ``(A) Paperwork reduction act.--Chapter 35 of title 44, 
        United States Code (commonly known as the `Paperwork Reduction 
        Act'), shall not apply to any rulemaking or information 
        collection required under this section.
            ``(B) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply for the purposes 
        of carrying out this section.
    ``(b) Clearinghouse Contents.--
        ``(1) Consultation.--In identifying the evidence-based 
    practices and recommendations for the Clearinghouse, the Secretary 
    shall--
            ``(A) consult with appropriate Federal, State, local, 
        Tribal, private sector, and nongovernmental organizations, 
        including civil rights and disability rights organizations; and
            ``(B) consult with the Secretary of Education to ensure 
        that evidence-based practices published by the Clearinghouse 
        are aligned with evidence-based practices to support a positive 
        and safe learning environment for all students.
        ``(2) Criteria for evidence-based practices and 
    recommendations.--The evidence-based practices and recommendations 
    of the Clearinghouse shall--
            ``(A) include comprehensive evidence-based school safety 
        measures;
            ``(B) include the evidence or research rationale supporting 
        the determination of the Clearinghouse that the evidence-based 
        practice or recommendation under subparagraph (A) has been 
        shown to have a significant effect on improving the health, 
        safety, and welfare of persons in school settings, including--
                ``(i) relevant research that is evidence-based, as 
            defined in section 8101 of the Elementary and Secondary 
            Education Act of 1965 (20 U.S.C. 7801), supporting the 
            evidence-based practice or recommendation;
                ``(ii) findings and data from previous Federal or State 
            commissions recommending improvements to the safety posture 
            of a school; or
                ``(iii) other supportive evidence or findings relied 
            upon by the Clearinghouse in determining evidence-based 
            practices and recommendations, as determined in 
            consultation with the officers described in subsection 
            (a)(3)(B);
            ``(C) include information on Federal programs for which 
        implementation of each evidence-based practice or 
        recommendation is an eligible use for the program;
            ``(D) be consistent with Federal civil rights laws, 
        including title II of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12131 et seq.), the Rehabilitation Act of 1973 
        (29 U.S.C. 701 et seq.), and title VI of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000d et seq.); and
            ``(E) include options for developmentally appropriate 
        recommendations for use in educational settings with respect to 
        children's ages and physical, social, sensory, and emotionally 
        developmental statuses.
        ``(3) Past commission recommendations.--The Clearinghouse shall 
    present, as determined in consultation with the officers described 
    in subsection (a)(3)(B), Federal, State, local, Tribal, private 
    sector, and nongovernmental organization issued best practices and 
    recommendations and identify any best practice or recommendation of 
    the Clearinghouse that was previously issued by any such 
    organization or commission.
    ``(c) Assistance and Training.--The Secretary may produce and 
publish materials on the Clearinghouse to assist and train educational 
agencies and law enforcement agencies on the implementation of the 
evidence-based practices and recommendations.
    ``(d) Continuous Improvement.--The Secretary shall--
        ``(1) collect for the purpose of continuous improvement of the 
    Clearinghouse--
            ``(A) Clearinghouse data analytics;
            ``(B) user feedback on the implementation of resources, 
        evidence-based practices, and recommendations identified by the 
        Clearinghouse; and
            ``(C) any evaluations conducted on implementation of the 
        evidence-based practices and recommendations of the 
        Clearinghouse; and
        ``(2) in coordination with the Secretary of Education, the 
    Secretary of Health and Human Services, and the Attorney General--
            ``(A) regularly assess and identify Clearinghouse evidence-
        based practices and recommendations for which there are no 
        resources available through Federal Government programs for 
        implementation; and
            ``(B) establish an external advisory board, which shall be 
        comprised of appropriate State, local, Tribal, private sector, 
        and nongovernmental organizations, including organizations 
        representing parents of elementary and secondary school 
        students, representative from civil rights organizations, 
        representatives of disability rights organizations, 
        representatives of educators, representatives of law 
        enforcement, and nonprofit school safety and security 
        organizations, to--
                ``(i) provide feedback on the implementation of 
            evidence-based practices and recommendations of the 
            Clearinghouse; and
                ``(ii) propose additional recommendations for evidence-
            based practices for inclusion in the Clearinghouse that 
            meet the requirements described in subsection (b)(2)(B).
    ``(e) Parental Assistance.--The Clearinghouse shall produce 
materials in accessible formats to assist parents and legal guardians 
of students with identifying relevant Clearinghouse resources related 
to supporting the implementation of Clearinghouse evidence-based 
practices and recommendations.''.
    (b) Technical Amendments.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by adding at the end the following:
``Sec. 2220D. Federal Clearinghouse on School Safety Evidence-based 
          Practices.''.
SEC. 13303. NOTIFICATION OF CLEARINGHOUSE.
    (a) Notification by the Secretary of Education.--The Secretary of 
Education shall provide written notification of the publication of the 
Federal Clearinghouse on School Safety Evidence-based Practices 
(referred to in this section and section 13304 as the 
``Clearinghouse''), as required to be established under section 2220D 
of the Homeland Security Act of 2002, as added by section 13302 of this 
Act, to--
        (1) every State and local educational agency; and
        (2) other Department of Education partners in the 
    implementation of the evidence-based practices and recommendations 
    of the Clearinghouse, as determined appropriate by the Secretary of 
    Education.
    (b) Notification by the Secretary of Homeland Security.--The 
Secretary of Homeland Security shall provide written notification of 
the publication of the Clearinghouse, as required to be established 
under section 2220D of the Homeland Security Act of 2002, as added by 
section 13302 of this Act, to--
        (1) every State homeland security advisor;
        (2) every State department of homeland security; and
        (3) other Department of Homeland Security partners in the 
    implementation of the evidence-based practices and recommendations 
    of the Clearinghouse, as determined appropriate by the Secretary of 
    Homeland Security.
    (c) Notification by the Secretary of Health and Human Services.--
The Secretary of Health and Human Services shall provide written 
notification of the publication of the Clearinghouse, as required to be 
established under section 2220D of the Homeland Security Act of 2002, 
as added by section 13302 of this Act, to--
        (1) every State department of public health; and
        (2) other Department of Health and Human Services partners in 
    the implementation of the evidence-based practices and 
    recommendations of the Clearinghouse, as determined appropriate by 
    the Secretary of Health and Human Services.
    (d) Notification by the Attorney General.--The Attorney General 
shall provide written notification of the publication of the 
Clearinghouse, as required to be established under section 2220D of the 
Homeland Security Act of 2002, as added by section 13302 of this Act, 
to--
        (1) every State department of justice; and
        (2) other Department of Justice partners in the implementation 
    of the evidence-based practices and recommendations of the 
    Clearinghouse, as determined appropriate by the Attorney General.
SEC. 13304. GRANT PROGRAM REVIEW.
    (a) Federal Grants and Resources.--Not later than 1 year after the 
date of enactment of this Act, the Clearinghouse or the external 
advisory board established under section 2220D of the Homeland Security 
Act of 2002, as added by this subtitle, shall--
        (1) review grant programs and identify any grant program that 
    may be used to implement evidence-based practices and 
    recommendations of the Clearinghouse;
        (2) identify any evidence-based practices and recommendations 
    of the Clearinghouse for which there is not a Federal grant program 
    that may be used for the purposes of implementing the evidence-
    based practice or recommendation as applicable to the agency; and
        (3) periodically report any findings under paragraph (2) to the 
    appropriate committees of Congress.
    (b) State Grants and Resources.--The Clearinghouse shall, to the 
extent practicable, identify, for each State--
        (1) each agency responsible for school safety in the State, or 
    any State that does not have such an agency designated;
        (2) any grant program that may be used for the purposes of 
    implementing evidence-based practices and recommendations of the 
    Clearinghouse; and
        (3) any resources other than grant programs that may be used to 
    assist in implementation of evidence-based practices and 
    recommendations of the Clearinghouse.
SEC. 13305. RULES OF CONSTRUCTION.
    (a) Waiver of Requirements.--Nothing in this subtitle or the 
amendments made by this subtitle shall be construed to create, satisfy, 
or waive any requirement under--
        (1) title II of the Americans With Disabilities Act of 1990 (42 
    U.S.C. 12131 et seq.);
        (2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
        (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
    et seq.);
        (4) title IX of the Education Amendments of 1972 (20 U.S.C. 
    1681 et seq.); or
        (5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
    seq.).
    (b) Prohibition on Federally Developed, Mandated, or Endorsed 
Curriculum.--Nothing in this subtitle or the amendments made by this 
subtitle shall be construed to authorize any officer or employee of the 
Federal Government to engage in an activity otherwise prohibited under 
section 103(b) of the Department of Education Organization Act (20 
U.S.C. 3403(b)).

                 Subtitle D--Amendment on ESEA Funding

SEC. 13401. AMENDMENT ON ESEA FUNDING.
    Section 8526 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7906) is amended--
        (1) in paragraph (5), by striking ``or'' after the semicolon;
        (2) in paragraph (6), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
        ``(7) for the provision to any person of a dangerous weapon, as 
    defined in section 930(g)(2) of title 18, United States Code, or 
    training in the use of a dangerous weapon.''.

                       DIVISION B--APPROPRIATIONS

     The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2022, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$100,000,000, to remain available until expended, to meet additional 
resource needs of the National Instant Criminal Background Check 
System.

               State and Local Law Enforcement Activities

                       Office of Justice Programs

               state and local law enforcement assistance

    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $1,400,000,000, to remain available until expended, for 
grants to be administered by the Office of Justice Programs:  Provided, 
That $280,000,000, to remain available until expended, shall be made 
available for fiscal year 2022, $280,000,000, to remain available until 
expended, shall be made available for fiscal year 2023, $280,000,000, 
to remain available until expended, shall be made available for fiscal 
year 2024, $280,000,000, to remain available until expended, shall be 
made available for fiscal year 2025, and $280,000,000, to remain 
available until expended, shall be made available for fiscal year 2026: 
 Provided further, That of the funds made available under this heading 
in this Act, the following amounts shall be for the following purposes 
in equal amounts for each of fiscal years 2022 through 2026--
        (1) $750,000,000 shall be awarded pursuant to the formula 
    allocation (adjusted in proportion to the relative amounts 
    statutorily designated therefor) that was used in the fiscal year 
    prior to the year for which funds are provided for the Edward Byrne 
    Memorial Justice Assistance Grant program, as authorized by subpart 
    1 of part E of title I of the Omnibus Crime Control and Safe 
    Streets Acts of 1968 (Public Law 90-351) (the ``1968 Act''), and 
    shall be for the purposes described in section 501(a)(1)(I) of 
    title I of the 1968 Act, as amended by title II of division A of 
    this Act:  Provided further, That the allocation provisions under 
    sections 505(a) through (e), the special rules for Puerto Rico 
    under section 505(g), and section 1001(c) of title I of the 1968 
    Act shall not apply to the amount described in this paragraph;
        (2) $200,000,000 shall be for grants administered by the Bureau 
    of Justice Assistance for purposes authorized under the STOP School 
    Violence Act of 2018 (title V of division S of Public Law 115-141);
        (3) $200,000,000 shall be for grants to the States to upgrade 
    criminal and mental health records for the National Instant 
    Criminal Background Check System, including grants to assist States 
    in providing disqualifying juvenile records under subsection (g) or 
    (n) of section 922 of title 18, United States Code:  Provided 
    further, That the grants described in this paragraph shall be 
    available to State criminal record repositories and State court 
    systems; and
        (4) $250,000,000 shall be for a community violence intervention 
    and prevention initiative.

                  Community Oriented Policing Services

             community oriented policing services programs

    For an additional amount for ``Community Oriented Policing Services 
Programs'', $100,000,000, to remain available until expended, for 
competitive grants to be administered by the Community Oriented 
Policing Services Office for purposes authorized under the STOP School 
Violence Act of 2018 (title V of division S of Public Law 115-141):  
Provided, That $20,000,000, to remain available until expended, shall 
be made available for fiscal year 2022, $20,000,000, to remain 
available until expended, shall be made available for fiscal year 2023, 
$20,000,000, to remain available until expended, shall be made 
available for fiscal year 2024, $20,000,000, to remain available until 
expended, shall be made available for fiscal year 2025, and 
$20,000,000, to remain available until expended, shall be made 
available for fiscal year 2026.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 21001.  None of the funds made available by this title may be 
transferred in this or any future fiscal year pursuant to the authority 
in section 205 of the Commerce, Justice, Science, and Related Agencies 
Appropriations Act, 2022, or any successor provision in a subsequently 
enacted appropriations Act.
    Sec. 21002. (a) The Department of Justice shall provide a detailed 
spend plan for the fiscal year 2022 and 2023 funds made available in 
this title to the Committees on Appropriations of the House of 
Representatives and the Senate within 45 days after the enactment of 
this Act and, for each of fiscal years 2024 through 2026, as part of 
the annual budget submission of the President under section 1105(a) of 
title 31, United States Code, the Attorney General shall submit a 
detailed spend plan for the funds made available in this title in that 
fiscal year.
    (b) The spend plan described in subsection (a) shall include a 
specific and detailed description of the intended administration, 
review processes, allowable purposes, eligibility requirements, and 
priority areas or weightings for the grant programs funded in this 
title.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       Substance Abuse and Mental Health Services Administration

                health surveillance and program support

    For an additional amount for ``Health Surveillance and Program 
Support'', $800,000,000, to remain available until September 30, 2025:  
Provided, That $312,500,000, to remain available until December 31, 
2022, shall be made available for fiscal year 2022, $162,500,000, to 
remain available until September 30, 2023, shall be made available for 
fiscal year 2023, $162,500,000, to remain available until September 30, 
2024, shall be made available for fiscal year 2024, and $162,500,000, 
to remain available until September 30, 2025, shall be made available 
for fiscal year 2025:  Provided further, That of the funds made 
available under this heading in this Act, the following amounts shall 
be for the following purposes in equal amounts for each of fiscal years 
2022 through 2025, unless stated otherwise--
        (1) $250,000,000 shall be for grants for the community mental 
    health services block grant program under subpart I of part B of 
    title XIX of the Public Health Service Act;
        (2) $40,000,000 shall be for National Child Traumatic Stress 
    Network;
        (3) $240,000,000 shall be for activities and services under 
    Project AWARE, of which no less than $28,000,000 shall be for 
    activities described in section 7134 of Public Law 115-271;
        (4) $120,000,000 shall be for Mental Health Awareness Training; 
    and
        (5) $150,000,000 shall be for the National Suicide Prevention 
    Lifeline for fiscal year 2022.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $190,000,000, to remain available until September 30, 
2026:  Provided, That $82,000,000, to remain available until December 
31, 2022, shall be made available for fiscal year 2022, $32,000,000, to 
remain available until September 30, 2023, shall be made available for 
fiscal year 2023, $32,000,000, to remain available until September 30, 
2024, shall be made available for fiscal year 2024, $32,000,000, to 
remain available until September 30, 2025, shall be made available for 
fiscal year 2025, and $12,000,000, to remain available until September 
30, 2026, shall be made available for fiscal year 2026:  Provided 
further, That of the funds made available under this heading in this 
Act, the following amounts shall be for the following purposes in equal 
amounts for each of fiscal years 2022 through 2026, unless stated 
otherwise--
        (1) $60,000,000 shall be for primary care training and 
    enhancement under section 747 of the Public Health Service Act (42 
    U.S.C. 293k) to provide mental and behavioral health care training 
    as part of the training of pediatricians and other primary care 
    clinicians who plan to provide care for pediatric populations and 
    other vulnerable populations, such as victims of abuse or trauma, 
    and individuals with mental health or substance use disorders:  
    Provided further, That section 747(c)(2) of the Public Health 
    Service Act (42 U.S.C. 293k(c)(2)) shall not apply to funding made 
    available in this paragraph:  Provided further, That such funds 
    shall be transferred to ``Health Resources and Services 
    Administration--Health Workforce'';
        (2) $80,000,000 shall be for pediatric mental health care 
    access under section 330M of the Public Health Service Act (42 
    U.S.C. 254c-19), in equal amounts for each of fiscal years 2022 
    through 2025:  Provided further, That such funds shall be 
    transferred to ``Health Resources and Services Administration--
    Maternal and Child Health''; and
        (3) $50,000,000, to remain available until expended, shall be 
    for carrying out subsection (b) of section 11003 of division A of 
    this Act for fiscal year 2022:  Provided further, That such funds 
    shall be transferred to ``Centers for Medicare & Medicaid 
    Services--Grants to States for Medicaid''.

                        DEPARTMENT OF EDUCATION

                      School Improvement Programs

    For an additional amount for ``School Improvement Programs'', 
$1,050,000,000, to remain available through September 30, 2025, for 
carrying out subpart 1 of part A of title IV and part B of title IV of 
the Elementary and Secondary Education of 1965 (referred to in this Act 
as ``ESEA''), in addition to amounts otherwise available for such 
purposes:  Provided, That $50,000,000, to remain available through 
September 30, 2023, shall be for carrying out part B of title IV of the 
ESEA:  Provided further, That the Secretary shall increase support for 
the implementation of evidence-based practices intended to increase 
attendance and engagement of students in the middle grades and high 
school in community learning centers using funds in the preceding 
proviso:  Provided further, That $1,000,000,000 shall be for activities 
under section 4108 of the ESEA and, notwithstanding section 4105 of 
such Act, States shall make awards on a competitive basis to high-need 
local educational agencies as determined by the State.

                 Safe Schools and Citizenship Education

    For an additional amount for ``Safe Schools and Citizenship 
Education'', $1,000,000,000, to remain available through December 31, 
2026:  Provided, That $200,000,000, to remain available until March 31, 
2023, shall be made available for fiscal year 2022, $200,000,000, to 
remain available until December 31, 2023, shall be made available for 
fiscal year 2023, $200,000,000, to remain available until December 31, 
2024, shall be made available for fiscal year 2024, $200,000,000, to 
remain available until December 31, 2025, shall be made available for 
fiscal year 2025, and $200,000,000, to remain available until December 
31, 2026, shall be made available for fiscal year 2026:  Provided 
further, That not more than two percent of each of such amounts may be 
used for program administration, technical assistance, data collection, 
and dissemination of best practices:  Provided further, That of the 
funds made available under this heading in this Act, the following 
amounts shall be available for the following purposes in equal amounts 
for each of fiscal years 2022 through 2026--
        (1) $500,000,000 shall be for carrying out School Based Mental 
    Health Services Grants, in addition to amounts otherwise available 
    for such purposes; and
        (2) $500,000,000 shall be for carrying out Mental Health 
    Services Professional Demonstration Grants, in addition to amounts 
    otherwise available for such purposes.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 22001.  None of the funds made available by this title may be 
transferred in this or any future fiscal year pursuant to the authority 
in section 205 or section 302 of the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2022 (division H of Public Law 117-103), or any successor provision in 
a subsequently enacted appropriations Act, or section 241(a) of the 
Public Health Service Act.
    Sec. 22002.  Not later than 30 days after the date of enactment of 
this Act, the Secretaries of Health and Human Services and Education 
shall each provide a detailed spend plan of anticipated uses of funds 
made available to their respective Departments in this title, including 
estimated personnel and administrative costs, to the Committees on 
Appropriations of the House of Representatives and the Senate:  
Provided, That such plans shall be updated and submitted to such 
Committees every 60 days until all funds are expended:  Provided 
further, That the spend plans shall be accompanied by a listing of each 
contract obligation incurred that exceeds $5,000,000 which has not 
previously been reported, including the amount of each such obligation: 
 Provided further, That the Committees on Appropriations of the House 
of Representatives and the Senate shall be briefed on obligations 
quarterly until all funds are expended.
    Sec. 22003.  Not later than 60 days after the date of enactment of 
this Act, the Secretaries of Health and Human Services and Education 
shall each provide biweekly obligation reports for funds made available 
to their respective Departments in this title, including anticipated 
uses of funds made available in this title, to the Committees on 
Appropriations of the House of Representatives and the Senate:  
Provided, That such reports shall be updated and submitted biweekly to 
the Committees until all funds are expended.

                               TITLE III

                   GENERAL PROVISIONS--THIS DIVISION

    Sec. 23001.  Each amount appropriated or made available by this 
division is in addition to amounts otherwise appropriated for the 
fiscal year involved.
    Sec. 23002.  No part of any appropriation contained in this 
division shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 23003.  Unless otherwise provided for by this division, the 
additional amounts appropriated by this division to appropriations 
accounts shall be available under the authorities and conditions 
applicable to such appropriations accounts for fiscal year 2022.
    Sec. 23004.  Each amount provided by this division is designated by 
the Congress as being for an emergency requirement pursuant to section 
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022.
    Sec. 23005. (a) Statutory PAYGO Scorecards.--The budgetary effects 
of each division of this Act shall not be entered on either PAYGO 
scorecard maintained pursuant to section 4(d) of the Statutory Pay As-
You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of each 
division of this Act shall not be entered on any PAYGO scorecard 
maintained for purposes of section 4106 of H. Con. Res. 71 (115th 
Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, the budgetary effects of this 
division shall be estimated for purposes of section 251 of such Act and 
as appropriations for discretionary accounts for purposes of the 
allocation to the Committee on

  
 Appropriations pursuant to section 302(a) of the Congressional Budget 
Act of 1974 and section 4001 of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022.
     This division may be cited as the ``Bipartisan Safer Communities 
Supplemental Appropriations Act, 2022''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```