Bipartisan Safer Communities Act
Bill: S.2938 | Sponsor: Sen. Rubio, Marco (R-FL)
Policy area: Crime and Law Enforcement

Summary:
Bipartisan Safer Communities Act
This act makes various changes to federal firearms laws, including to expand background check requirements, broaden the scope of existing restrictions, and establish new criminal offenses.
The act also reauthorizes, funds, and supports various programs, grants, and activities to promote access to behavioral and mental health services, enhance school safety and security initiatives, and address gun violence in communities.
(Sec. 1) This section designates the federal building and U.S. courthouse located at 111 North Adams Street in Tallahassee, Florida, as the Joseph Woodrow Hatchett United States Courthouse and Federal Building.
(Sec. 2) This section designates the U.S. Postal Service facility located at 120 4th Street in Petaluma, California, as the Lynn C. Woolsey Post Office Building.
DIVISION A--MENTAL HEALTH AND FIREARMS PROVISIONS
TITLE I--CHILDREN AND FAMILY MENTAL HEALTH SERVICES
This title reauthorizes, funds, and supports programs, grants, and activities that provide access to mental and behavioral health.
(Sec. 11001) This section extends through September 30, 2025, the Medicaid demonstration program for certified community behavioral health clinics. It also expands the program by increasing the number of states that may participate and increasing the length of the demonstration programs. It provides funding for planning grants, technical assistance, and the demonstration programs.
(Sec. 11002) This section requires the Centers for Medicare & Medicaid Services (CMS) to provide technical assistance and issue guidance to states on ways to improve access to telehealth under Medicaid and the Children's Health Insurance Program (CHIP).
(Sec. 11003) This section requires and provides funding for the CMS to (1) issue guidance to support the delivery of medical assistance to Medicaid and CHIP beneficiaries in school-based settings; and (2) establish a technical assistance center to expand the capacity of state Medicaid agencies, local educational agencies, and school-based entities to provide assistance under Medicaid.
This section also authorizes grants for states to implement, enhance, or expand non-health related services through school-based entities under Medicaid and CHIP.
(Sec. 11004) This section requires and provides funding for the CMS to regularly review and report on states' implementation of federal requirements to provide early and periodic screening, diagnostic, and treatment services for children enrolled in Medicaid. The review must address the provision of the services by managed care plans.
Additionally, this section requires the Government Accountability Office to evaluate and report on state compliance with the requirements to provide early and periodic screening, diagnostic, and treatment services for children enrolled in Medicaid.
(Sec. 11005) This section reauthorizes through FY2027 pediatric mental health care access grants and allows grants to be used to provide information, support, training, and technical assistance to emergency departments, educational agencies, and schools.
TITLE II--FIREARMS
This title makes various changes to federal firearms laws, including to expand background check requirements for persons who are under 21 years of age, to establish new criminal offenses for straw purchasing of firearms and trafficking in firearms, and to extend federal firearms-related restrictions to individuals convicted of domestic violence misdemeanors against dating partners.
(Sec. 12001) This section establishes additional requirements for firearms-related background checks through the National Instant Criminal Background Check System (NICS) for prospective purchasers who are 18 to 21 years of age.
Specifically, if a federal firearms licensee (e.g., a gun dealer) contacts the NICS to initiate a firearms-related background check on a person who is 18 to 21 years of age, then this section requires the NICS to contact additional record systems—state criminal history or juvenile justice repositories, state custodians of mental health records, and local law enforcement agencies—for possibly disqualifying juvenile records. Current law already requires the NICS to query national data systems for disqualifying records of an individual who is prohibited from receiving or possessing a firearm.
Additionally, if cause exists to further investigate a possibly disqualifying juvenile record of a person who is 18 to 21 years of age, then this section allows a firearm transfer to be delayed for up to 10 business days.
The requirement for the NICS to contact additional record systems expires in 10 years.
(Sec. 12002) This section revises the definition of engaged in the business as applicable to a firearms dealer who is required to be federally licensed. Specifically, it provides that a person who sells firearms to predominantly earn a profit (currently, who sells firearms with the principal objective of livelihood and profit) is engaged in the business of dealing in firearms and is therefore required to be federally licensed.
(Sec. 12003) This section allows grants under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to be used to implement state crisis intervention programs or initiatives, including mental health courts, drug courts, veterans' courts, and extreme risk protection order programs (i.e., red flag laws).
(Sec. 12004) This section establishes a federal statutory framework to prohibit straw purchasing of firearms, trafficking in firearms, and related conduct.
A violator is subject to criminal and civil penalties, including the seizure and forfeiture of the firearms and ammunition involved in the offense, property constituting or derived from proceeds from the offense, and property used to commit or facilitate the offense.
The section authorizes law enforcement to investigate straw purchasing and trafficking in firearms offenses using wiretaps (i.e., authorized interceptions of wire, electronic, or oral communications) and makes the offenses predicate offenses (i.e., underlying offenses) for prosecutions under the federal money laundering statute and the federal racketeering statute.
(Sec. 12005) This section extends federal firearms-related restrictions to individuals who are convicted of a misdemeanor crime of domestic violence against an individual in a current or recent former dating relationship. Currently, the restrictions generally only apply to individuals who are convicted of a domestic violence misdemeanor against a co-parent of a child, a current or former spouse, a current or former cohabitant as a spouse, or a person similarly situated to a spouse.
The term dating relationship means a continuing relationship of a serious or intimate nature, as determined based on the length of the relationship, the nature of the relationship, and the frequency and type of interaction between the individuals involved in the relationship.
This section specifies that for individuals who are convicted of a misdemeanor crime of domestic violence against a dating partner, the federal firearms-related restrictions apply only to convictions on or after the date of enactment and expire five years after the conviction date if certain conditions are met.
TITLE III--OTHER MATTERS
Subtitle A--Extension of Moratorium
(Sec. 13101) This section delays for one year the implementation of regulations relating to the treatment of certain Medicare prescription drug benefit rebates from drug manufacturers for purposes of federal anti-kickback laws.
Subtitle B--Medicare Improvement Fund
(Sec. 13201) This section appropriates funds for the Medicare Improvement Fund in FY2022.
Subtitle C--Luke and Alex School Safety Act of 2022
Luke and Alex School Safety Act of 2022
(Sec. 13302) This section provides statutory authority for the federal clearinghouse of school safety resources. The clearinghouse identifies and publishes best practices and recommendations for school safety for use by state and local educational and law enforcement agencies, institutions of higher education, health professionals, and the public.
(Sec. 13303) This section requires the Department of Health and Human Services and the Departments of Homeland Security, Justice, and Education to notify their state and local counterparts and other partners about the clearinghouse.
(Sec. 13304) This section requires the clearinghouse or the external advisory board to review and report on federal grant programs that could be used to implement best practices and recommendations. This section also requires the clearinghouse to identify state agencies, state grant programs, and other resources that may be used to implement best practices and recommendations.
Subtitle D--Amendment on ESEA Funding
(Sec. 13401) This section prohibits the use of elementary and secondary education funds to provide any person with a dangerous weapon or training in the use of a dangerous weapon.
DIVISION B--APPROPRIATIONS
Bipartisan Safer Communities Supplemental Appropriations Act, 2022
This division provides FY2022 supplemental appropriations to various federal departments and agencies for programs and activities to support behavioral and mental health. The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.
Specifically, this division provides appropriations to agencies and programs within the Department of Justice for
Additionally, the division provides appropriations for agencies and programs within the Department of Health and Human Services for
The division provides appropriations for agencies and programs within the Department of Education for
Finally, the act exempts the budgetary effects of each division of the act from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.

[117th Congress Public Law 159]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 1313]]

Public Law 117-159
117th Congress

                                 An Act


 
  To make our communities safer. <<NOTE: June 25, 2022 -  [S. 2938]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Bipartisan Safer 
Communities Act.>> 
SECTION 1. <<NOTE: Florida.>>  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. <<NOTE: California.>>  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) <<NOTE: 18 USC 1 note.>>  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.

[[Page 136 STAT. 1314]]

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) <<NOTE: Effective date. Time period.>>  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

[[Page 136 STAT. 1315]]

                      ``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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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

[[Page 136 STAT. 1316]]

                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) <<NOTE: Applicability.>>  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. <<NOTE: 42 USC 1396a note.>>  MEDICAID AND TELEHEALTH.

    (a) Guidance to States on Furnishing Services Through Telehealth 
Under Medicaid and CHIP.-- <<NOTE: Deadline.>> 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) <<NOTE: Strategies.>>  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.

[[Page 136 STAT. 1317]]

            (5) <<NOTE: Strategies.>>  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) <<NOTE: Strategies.>>  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) <<NOTE: Strategies.>>  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. <<NOTE: 42 USC 1396a note.>>  SUPPORTING ACCESS TO 
                            HEALTH CARE SERVICES IN SCHOOLS.

    (a) Guidance and Technical Assistance.--
            (1) Guidance.--
                    (A) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Updates.>>  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;

[[Page 136 STAT. 1318]]

                          (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) <<NOTE: Strategies.>>  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) <<NOTE: List.>>  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) <<NOTE: Deadline. Consultation. Establishment.>>  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

[[Page 136 STAT. 1319]]

                      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) <<NOTE: Appropriations authorization.>>  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.-- <<NOTE: Appropriations authorization.>> 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. <<NOTE: 42 USC 1396d note.>>  REVIEW OF STATE 
                            IMPLEMENTATION OF EARLY AND PERIODIC 
                            SCREENING, DIAGNOSTIC, AND TREATMENT 
                            SERVICES.

    (a) Review.--

[[Page 136 STAT. 1320]]

            (1) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Guidance.>>  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) <<NOTE: Appropriations authorization.>>  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) <<NOTE: Recommenda- tions.>>  GAO Study and Report.--
            (1) <<NOTE: Evaluation.>>  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.

[[Page 136 STAT. 1321]]

            (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

[[Page 136 STAT. 1322]]

                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) <<NOTE: Contracts.>>  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

[[Page 136 STAT. 1323]]

                                    (III) by inserting after 
                                subparagraph (B) the following:
            ``(C) <<NOTE: Time periods.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Deadlines. Notifications.>>  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) <<NOTE: Determinations.>>  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

[[Page 136 STAT. 1324]]

                    ``(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) <<NOTE: 18 USC 922 and note; 34 USC 40901.>>  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) <<NOTE: 34 USC 40901 note.>>  Report on Removing Outdated, 
Expired, or Erroneous Records.--
            (1) <<NOTE: Time period.>>  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'';

[[Page 136 STAT. 1325]]

            (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;

[[Page 136 STAT. 1326]]

                                    ``(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 <<NOTE: Publication.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Coordination.>>  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. <<NOTE: 18 USC 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

[[Page 136 STAT. 1327]]

                    ``(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) <<NOTE: Time periods.>>  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. <<NOTE: 18 USC 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) <<NOTE: Time period.>>  Penalty.--Any person who violates 
subsection (a) shall be fined under this title, imprisoned for not more 
than 15 years, or both.
``Sec. 934. <<NOTE: 18 USC 934.>>  Forfeiture and fines

    ``(a) Forfeiture.--

[[Page 136 STAT. 1328]]

            ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Review. Guidelines.>>  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.

[[Page 136 STAT. 1329]]

            (6) Technical and conforming amendment.--The table of 
        sections for chapter 44 of title 18 <<NOTE: 18 USC 921 prec.>> , 
        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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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.''.

[[Page 136 STAT. 1330]]

    (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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 28 USC 509 note.>>  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) <<NOTE: Deadline. Regulations.>>  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--

[[Page 136 STAT. 1331]]

                          ``(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) <<NOTE: Deadline. 34 USC 41101 note prec.>>  
        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) <<NOTE: 28 USC 534 note.>>  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

[[Page 136 STAT. 1332]]

                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. <<NOTE: Appropriations authorization.>> --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) <<NOTE: 18 USC 922 note.>>  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) <<NOTE: 18 USC 921 note.>>  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

[[Page 136 STAT. 1333]]

                    (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, <<NOTE: Time period.>>  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). <<NOTE: Update.>>  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''.

[[Page 136 STAT. 1334]]

Subtitle C <<NOTE: Luke and Alex School Safety Act of 2022.>> --Luke and 
Alex School Safety Act of 2022
SEC. 13301. <<NOTE: 6 USC 665k note.>>  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) <<NOTE: 6 USC 665k note.>>  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. <<NOTE: 6 USC 665k.>>  FEDERAL CLEARINGHOUSE ON 
                            SCHOOL SAFETY EVIDENCE-BASED 
                            PRACTICES.

    ``(a) Establishment.--
            ``(1) <<NOTE: Coordination.>>  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) <<NOTE: Web postings. Recommenda- tions.>>  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) <<NOTE: Determinations.>>  Clearinghouse Contents.--
            ``(1) <<NOTE: Recommenda- tions.>>  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.

[[Page 136 STAT. 1335]]

            ``(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) <<NOTE: Consultation.>>  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) <<NOTE: Data.>>  Clearinghouse data analytics;
                    ``(B) user feedback on the implementation of 
                resources, evidence-based practices, and recommendations 
                identified by the Clearinghouse; and

[[Page 136 STAT. 1336]]

                    ``(C) <<NOTE: Evaluations.>>  any evaluations 
                conducted on implementation of the evidence-based 
                practices and recommendations of the Clearinghouse; and
            ``(2) <<NOTE: Coordination.>>  in coordination with the 
        Secretary of Education, the Secretary of Health and Human 
        Services, and the Attorney General--
                    ``(A) <<NOTE: Assessment.>>  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) <<NOTE: Establishment.>>  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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: Determinations. 6 USC 665k note.>>  
                            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

[[Page 136 STAT. 1337]]

            (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. <<NOTE: 6 USC 665k note.>>  GRANT PROGRAM REVIEW.

    (a) <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Reports.>>  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. <<NOTE: 6 USC 665k note.>>  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.);

[[Page 136 STAT. 1338]]

            (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 <<NOTE: Bipartisan Safer Communities Supplemental 
Appropriations Act, 2022.>> --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

[[Page 136 STAT. 1339]]

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, <<NOTE: Grants.>>  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.

[[Page 136 STAT. 1340]]

                     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. <<NOTE: Spend plan. Time periods. Deadline.>>  (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.

[[Page 136 STAT. 1341]]

                         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

[[Page 136 STAT. 1342]]

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.  <<NOTE: Deadline. Spend plans. Cost estimates.>>  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, <<NOTE: Updates. Time period.>>  That such plans shall be 
updated and submitted to such Committees every 60 days until all funds 
are expended:  Provided further, <<NOTE: List. Contracts.>>  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 <<NOTE: Briefing. Time period.>>  Committees on 
Appropriations of the House of Representatives and the Senate shall be 
briefed on obligations quarterly until all funds are expended.

[[Page 136 STAT. 1343]]

    Sec. 22003.  <<NOTE: Time periods. Reports.>>  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, <<NOTE: Updates.>>  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) <<NOTE: Estimates.>>  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



[[Page 136 STAT. 1344]]

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''.

    Approved June 25, 2022.

LEGISLATIVE HISTORY--S. 2938:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    Dec. 9, considered and passed 
                                        Senate.
                                                        Vol. 168 (2022):
                                    Mar. 30, considered and failed 
                                        House.
                                    May 17, 18, considered and passed 
                                        House, amended.
                                    June 21-23, Senate considered and 
                                        concurred in
                                        House amendment with amendments.
                                    June 24, House concurred in Senate 
                                        amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
            June 25, Presidential remarks.

                                  <all>