[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2938 Enrolled Bill (ENR)]
S.2938
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
To make our communities safer.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. JOSEPH WOODROW HATCHETT UNITED STATES COURTHOUSE AND FEDERAL
BUILDING.
(a) Designation.--The United States Courthouse and Federal Building
located at 111 North Adams Street in Tallahassee, Florida, shall be
known and designated as the ``Joseph Woodrow Hatchett United States
Courthouse and Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States
Courthouse and Federal Building referred to in subsection (a) shall be
deemed to be a reference to the ``Joseph Woodrow Hatchett United States
Courthouse and Federal Building''.
SEC. 2. LYNN C. WOOLSEY POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 120 4th Street in Petaluma, California, shall be known and
designated as the ``Lynn C. Woolsey Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Lynn C.
Woolsey Post Office Building''.
SEC. 3. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan Safer
Communities Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Joseph Woodrow Hatchett United States Courthouse and Federal
Building.
Sec. 2. Lynn C. Woolsey Post Office Building.
Sec. 3. Short title; table of contents.
DIVISION A--MENTAL HEALTH AND FIREARMS PROVISIONS
TITLE I--CHILDREN AND FAMILY MENTAL HEALTH SERVICES
Sec. 11001. Expansion of community mental health services demonstration
program.
Sec. 11002. Medicaid and telehealth.
Sec. 11003. Supporting access to health care services in schools.
Sec. 11004. Review of State implementation of early and periodic
screening, diagnostic, and treatment services.
Sec. 11005. Pediatric mental health care access grants.
TITLE II--FIREARMS
Sec. 12001. Juvenile records.
Sec. 12002. Defining ``engaged in the business''.
Sec. 12003. Use of Byrne grants for implementation of State crisis
intervention programs.
Sec. 12004. Stop Illegal Trafficking in Firearms Act.
Sec. 12005. Misdemeanor crime of domestic violence.
TITLE III--OTHER MATTERS
Subtitle A--Extension of Moratorium
Sec. 13101. Extension of moratorium on implementation of rule relating
to eliminating the anti-kickback statute safe harbor
protection for prescription drug rebates.
Subtitle B--Medicare Improvement Fund
Sec. 13201. Medicare Improvement Fund.
Subtitle C--Luke and Alex School Safety Act of 2022
Sec. 13301. Short title.
Sec. 13302. Federal Clearinghouse on School Safety Evidence-based
Practices.
Sec. 13303. Notification of clearinghouse.
Sec. 13304. Grant program review.
Sec. 13305. Rules of construction.
Subtitle D--Amendment on ESEA Funding
Sec. 13401. Amendment on ESEA funding.
DIVISION B--APPROPRIATIONS
DIVISION A--MENTAL HEALTH AND FIREARMS PROVISIONS
TITLE I--CHILDREN AND FAMILY MENTAL HEALTH SERVICES
SEC. 11001. EXPANSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION
PROGRAM.
Section 223 of the Protecting Access to Medicare Act of 2014 (42
U.S.C. 1396a note) is amended--
(1) in subsection (c), by adding at the end the following new
paragraph:
``(3) Additional planning grants for states.--In addition to
the planning grants awarded under paragraph (1), as soon as
practicable after the date of enactment of this paragraph, the
Secretary shall award planning grants to States (other than States
selected to conduct demonstration programs under paragraph (1) or
(8) of subsection (d)) to develop proposals to participate in time-
limited demonstration programs described in subsection (d) so that,
beginning July 1, 2024, and every 2 years thereafter, up to 10
additional States may participate in the demonstration programs
described in subsection (d) in accordance with paragraph (9) of
that subsection.'';
(2) in subsection (d)--
(A) in paragraph (3)--
(i) by striking ``September 30, 2023'' and inserting
``September 30, 2025''; and
(ii) by striking ``Subject to paragraph (8)'' and
inserting ``Subject to paragraphs (8) and (9)'';
(B) in paragraph (5)--
(i) in subparagraph (B), in the matter preceding clause
(i), by striking ``that is furnished'' and inserting ``that
is furnished by a State participating in an ongoing
demonstration program under this subsection'';
(ii) in subparagraph (C)(iii)--
(I) in subclause (I), by striking ``September 30,
2023; and'' and inserting ``September 30, 2025;'';
(II) in subclause (II), by striking ``under
paragraph (8)'' and all that follows through the period
and inserting ``under paragraph (8), during the first
24 fiscal quarter period (or any portion of such
period) that the State participates in the
demonstration program; and''; and
(III) by adding at the end the following new
subclause:
``(III) in the case of a State selected to
participate in the demonstration program under
paragraph (9), during the first 16 fiscal quarter
period (or any portion of such period) that the State
participates in the demonstration program.''; and
(iii) by adding at the end the following:
``(D) Rule of construction.--Nothing in this section shall
be construed as prohibiting a State that participated in a
demonstration program under this subsection that has ended from
receiving Federal financial participation under title XIX of
the Social Security Act for amounts expended by the State under
a State plan under such title (or a waiver of such plan) for
providing medical assistance for items and services, and
carrying out activities, including continuing to pay for
services under the prospective payment system established under
subsection (c), that were provided or carried out by the State
under the demonstration program, to the extent such financial
participation is otherwise available under such title.'';
(C) in paragraph (7)--
(i) in subparagraph (A), by inserting ``through the
year in which the last demonstration under this section
ends'' after ``annually thereafter'';
(ii) in subparagraph (B)--
(I) by striking ``December 31, 2021'' and inserting
``September 30, 2025''; and
(II) by adding at the end the following new
sentence: ``Such recommendations shall include data
collected after 2019, where feasible.''; and
(iii) by adding at the end the following new
subparagraph:
``(C) Final evaluation.--Not later than 24 months after all
demonstration programs under this section have ended, the
Secretary shall submit to Congress a final evaluation of such
programs.'';
(D) in paragraph (8)(A), by striking ``2 years'' and all
that follows through the period and inserting ``6 years.''; and
(E) by adding at the end the following new paragraph:
``(9) Further additional programs.--
``(A) In general.--In addition to the States selected under
paragraphs (1) and (8), the Secretary shall select any State
that meets the requirements described in subparagraph (B) to
conduct a demonstration program that meets the requirements of
this subsection for 4 years.
``(B) Requirements.--The requirements described in this
subparagraph with respect to a State are that the State--
``(i) was awarded a planning grant under paragraph (1)
or (3) of subsection (c); and
``(ii) submits an application (in addition to any
application that the State may have previously submitted
under this section) that includes the information described
in paragraph (2)(B).
``(C) Requirements for selected states.--The requirements
applicable to States selected under paragraph (8) pursuant to
subparagraph (C) of such paragraph shall apply in the same
manner to States selected under this paragraph.
``(D) Limitation.--The Secretary shall not select more than
10 States to conduct a demonstration program under this
paragraph for each 2 fiscal year period.''; and
(3) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) for purposes of awarding planning grants under
subsection (c)(3), providing technical assistance to States
applying for grants under such subsection, and carrying out
demonstration programs under subsection (d), $40,000,000 for
fiscal year 2023, to remain available until expended.''.
SEC. 11002. MEDICAID AND TELEHEALTH.
(a) Guidance to States on Furnishing Services Through Telehealth
Under Medicaid and CHIP.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall provide technical assistance
and issue guidance to States on improving access to telehealth for
services covered under Medicaid and CHIP, including with respect to:
(1) How States can adopt flexibilities under Medicaid and CHIP
to expand access to covered services via telehealth, including when
States may adopt such flexibilities without the need for approval
of a State plan amendment or waiver.
(2) Best practices regarding billing for services, including
recommended voluntary billing codes, modifiers, and place of
service designations and how such billing codes, modifiers, and
designations can be used to create consistent data sets.
(3) Strategies for integrating telehealth services into value-
based care models.
(4) Best practices from States that have used Medicaid waivers
and other Medicaid authorities to expand access to telehealth,
including during the COVID-19 public health emergency declared by
the Secretary pursuant to section 319 of the Public Health Service
Act on January 31, 2020, entitled ``Determination that a Public
Health Emergency Exists Nationwide as the Result of the 2019 Novel
Coronavirus'', including any renewal of such declaration.
(5) Strategies to promote the delivery of accessible and
culturally competent care via telehealth, including addressing the
needs of individuals with disabilities, medically underserved urban
and rural communities, racial and ethnic minorities such as
American Indians and Alaska Natives, individuals with limited
English proficiency, and individuals of different age groups
including children, young adults, and seniors;
(6) Strategies for training and providing resources to
providers and patients on the use of telehealth, including working
with interpreters to furnish health services and providing
resources in multiple languages.
(7) Integrating the use of existing video platforms that enable
multi-person video calls.
(8) Best practices to support the delivery of covered services
under Medicaid and CHIP via telehealth in schools, including
specifically for the provision of mental health and substance use
disorder services in such settings.
(9) Strategies for evaluating how the delivery of health
services via telehealth affects quality, outcomes, and cost under
Medicaid and CHIP.
(10) Best practices for conveying information to beneficiaries
regarding the availability of telehealth as an option to receive
services covered under Medicaid and CHIP, including the
availability of audio-only telehealth, the ability to receive such
services from a patient's home, and requirements related to in-
person visits.
(b) Definitions.--In this section:
(1) CHIP.--The term ``CHIP'' means the State children's health
insurance program established under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(2) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.).
(3) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Health and Human Services.
(4) State.--The term ``State'' has the meaning given that term
in section 1101(a)(1) of the Social Security Act (42 U.S.C.
1301(a)(1)) for purposes of titles XIX and XXI of such Act.
SEC. 11003. SUPPORTING ACCESS TO HEALTH CARE SERVICES IN SCHOOLS.
(a) Guidance and Technical Assistance.--
(1) Guidance.--
(A) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Education, shall issue guidance to State Medicaid
agencies, local educational agencies, and school-based entities
to support the delivery of medical assistance to Medicaid and
CHIP beneficiaries in school-based settings.
(B) Required information.--The guidance issued pursuant to
subparagraph (A) shall--
(i) include updates to the May 2003 Medicaid School-
Based Administrative Claiming Guide, the 1997 Medicaid and
Schools Technical Assistance Guide, and other relevant
guidance in effect on the date of enactment of this Act;
(ii) clarify that payments may be made to school-based
entities under Medicaid for delivering assistance under
Medicaid, including any such assistance provided in
accordance with an individualized education program or
under the policy described in the State Medicaid Director
letter on payment for services issued on December 15, 2014
(#14-006);
(iii) outline strategies and tools to reduce
administrative burdens on, and simplify billing for, local
educational agencies, in particular small and rural local
educational agencies, and support compliance with Federal
requirements regarding billing, payment, and recordkeeping,
including by aligning direct service billing and school-
based administrative claiming payment systems;
(iv) include a comprehensive list of best practices and
examples of approved methods that State Medicaid agencies
and local educational agencies have used to pay for, and
increase the availability of, assistance under Medicaid,
including expanding State programs to include all Medicaid-
enrolled students, providing early and periodic screening,
diagnostic, and treatment (EPSDT) services in schools,
utilizing telehealth, coordinating with community-based
mental health and substance use disorder treatment
providers and organizations, coordinating with managed care
entities, and supporting the provision of culturally
competent and trauma-informed care in school settings; and
(v) provide examples of the types of providers (which
may include qualified school health personnel) that States
may choose to enroll, deem, or otherwise treat as
participating providers for purposes of school-based
programs under Medicaid and best practices related to
helping such providers enroll in Medicaid for purposes of
participating in school-based programs under Medicaid.
(2) Technical assistance center.--
(A) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Education, shall establish a technical assistance
center to--
(i) assist and expand the capacity of State Medicaid
agencies and local educational agencies and school-based
entities to provide assistance under Medicaid;
(ii) reduce administrative burdens for such agencies
and health centers or entities;
(iii) support State educational agencies, local
educational agencies, and school-based entities in
obtaining payment for the provision of assistance under
Medicaid;
(iv) ensure ongoing coordination and collaboration
between the Department of Health and Human Services and the
Department of Education with respect to the provision of,
and payment for, assistance under Medicaid by local
educational agencies; and
(v) provide information to State and local educational
agencies and States on how to utilize funding from the
Department of Health and Human Services, the Department of
Education, and other Federal agencies to ensure payment
under Medicaid for assistance provided in school-based
settings.
(B) Small and rural schools.--The Secretary shall ensure
that the technical assistance center includes resources which
are specifically designed to help support small and rural local
educational agencies in obtaining payment for the provision of
assistance under Medicaid.
(C) Reporting.--The technical assistance center shall, on a
biennial basis, submit to the Secretary a report on the work of
the center that identifies the areas where the most assistance
was requested.
(3) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there is appropriated to the Secretary to carry out
this subsection, $8,000,000, for fiscal year 2022, to remain
available until expended.
(b) Grants.--There is authorized to be appropriated $50,000,000 for
fiscal year 2022 for the Secretary to award grants to States for the
purpose of implementing, enhancing, or expanding the provision of
assistance through school-based entities under Medicaid or CHIP. A
State shall not use any grant funds to provide medical assistance,
child health assistance, or other health services.
(c) Definitions.--For purposes of this section:
(1) CHIP.--The term ``CHIP'' means the State children's health
insurance program established under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(2) Individualized education program.--The term
``individualized education program'' has the meaning given such
term in section 602(14) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(14)).
(3) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.).
(4) School-based entity.--The term ``school-based entity''
means--
(A) a school-based health center, as that term is defined
in section 2110(c)(9) of the Social Security Act (42 U.S.C.
1397jj(c)(9)); and
(B) an entity that provides medical assistance in a school-
based setting for which Federal financial participation is
allowed under Medicaid.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Health and Human Services.
(6) State.--The term ``State'' has the meaning given that term
in section 1101(a)(1) of the Social Security Act (42 U.S.C.
1301(a)(1)) for purposes of titles XIX and XXI of such Act.
(7) State educational agency; local educational agency.--The
terms ``State educational agency'' and ``local educational agency''
have the meaning given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 11004. REVIEW OF STATE IMPLEMENTATION OF EARLY AND PERIODIC
SCREENING, DIAGNOSTIC, AND TREATMENT SERVICES.
(a) Review.--
(1) In general.--Not later than 24 months after the date of
enactment of Act, and every 5 years thereafter, the Secretary
shall--
(A) review State implementation of the requirements for
providing early and periodic screening, diagnostic, and
treatment services under Medicaid in accordance with sections
1902(a)(43), 1905(a)(4)(B), and 1905(r) of the Social Security
Act (42 U.S.C. 1396a(a)(43), 1396d(a)(4)(B), 1396d(r)),
including with respect to the provision of such services by
managed care organizations, prepaid inpatient health plans,
prepaid ambulatory health plans, and primary care case
managers;
(B) identify gaps and deficiencies with respect to State
compliance with such requirements;
(C) provide technical assistance to States to address such
gaps and deficiencies; and
(D) issue guidance to States on the Medicaid coverage
requirements for such services that includes best practices for
ensuring children have access to comprehensive health care
services, including children without a mental health or
substance use disorder diagnosis.
(2) Reports to congress.--Not later than 6 months after each
date on which the Secretary completes the activities described in
paragraph (1), the Secretary shall submit to the Committee on
Finance of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report on the most recent activities
completed for purposes of such paragraph that includes the findings
made, and descriptions of actions taken by the Secretary or by
States as a result of such activities, and any additional actions
the Secretary plans to carry out or that States are required to
carry out as a result of such activities.
(3) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there is appropriated to the Secretary to carry out
this subsection, to remain available until expended, $5,000,000,
for each of fiscal years 2023 and 2024, and $1,000,000 for each
fiscal year thereafter.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States (in
this subsection referred to as the ``Comptroller General'') shall
conduct a study evaluating State implementation under Medicaid of
the early and periodic screening, diagnostic, and treatment
services benefit required for children by section 1905(a)(4)(B) of
the Social Security Act (42 U.S.C. 1396d(a)(4)(B)) and as defined
in section 1905(r) of such Act (42 U.S.C. 1396d(r)) and provided in
accordance with the requirements of section 1902(a)(43) of such Act
(42 U.S.C. 1396a(a)(43)), specifically with respect to State
oversight of managed care organizations, prepaid inpatient health
plans, prepaid ambulatory health plans, and primary care case
managers, and shall provide recommendations as appropriate to
improve State compliance with the requirements for providing such
benefit, State oversight of managed care organizations, prepaid
inpatient health plans, prepaid ambulatory health plans, and
primary care case managers, and oversight of State programs under
Medicaid by the Administrator of the Centers for Medicare &
Medicaid Services.
(2) Report.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General shall submit to Congress a
report on the study conducted under paragraph (1) that includes the
recommendations required by such paragraph, as well as
recommendations for such legislation and administrative action as
the Comptroller General determines appropriate.
(c) Definitions.--In this section:
(1) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.).
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Health and Human Services.
(3) State.--The term ``State'' has the meaning given that term
in section 1101(a)(1) of the Social Security Act (42 U.S.C.
1301(a)(1)) for purposes of titles XIX and XXI of such Act.
SEC. 11005. PEDIATRIC MENTAL HEALTH CARE ACCESS GRANTS.
Section 330M of the Public Health Service Act (42 U.S.C. 254c-19)
is amended--
(1) in the section enumerator, by striking ``330M'' and
inserting ``330M.'';
(2) in subsection (a), in the matter preceding paragraph (1)--
(A) by inserting ``or cooperative agreements'' after
``award grants''; and
(B) by striking ``Indian tribes and tribal organizations''
and inserting ``Indian Tribes and Tribal organizations'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``a grant'' and inserting ``an award'';
(ii) in subparagraph (G), by inserting ``developmental-
behavioral pediatricians,'' after ``psychiatrists,'';
(iii) in subparagraph (H), by inserting ``provide
information to pediatric health care providers about
available mental health services for children in the
community and'' before ``assist''; and
(iv) in subparagraph (I), by striking ``problems'' and
inserting ``conditions'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Support to schools and emergency departments.--
``(A) In general.--In addition to the activities required
under paragraph (1), a pediatric mental health care access
program referred to in subsection (a), with respect to which an
award under such subsection may be used, may provide
information, consultative support, training, and technical
assistance to--
``(i) emergency departments; and
``(ii) State educational agencies, local educational
agencies, Tribal educational agencies, and elementary and
secondary schools.
``(B) Requirements for certain recipients.--An entity
receiving information, consultative support, training, and
technical assistance under subparagraph (A)(ii) shall operate
in a manner consistent with, and shall ensure consistency with,
the requirements of subsections (a) and (c) of section 4001 of
the Elementary and Secondary Education Act with respect to such
information, consultative support, training, and technical
assistance.''; and
(D) in paragraph (3), as so redesignated, by inserting ``,
and which may include a developmental-behavioral pediatrician''
before the period at the end of the first sentence;
(4) in subsections (c), (d), and (f), by striking ``Indian
tribe, or tribal organization'' each place it appears and inserting
``Indian Tribe, or Tribal organization'';
(5) in subsections (c) and (d)--
(A) by striking ``a grant'' each place it appears and
inserting ``an award''; and
(B) by striking ``such grant'' each place it appears and
inserting ``such award'';
(6) in subsection (e), by striking ``grants'' and inserting
``awards'';
(7) in subsection (f)--
(A) by striking ``award a grant'' and inserting ``make an
award''; and
(B) by striking ``the grant'' and inserting ``the award'';
(8) by redesignating subsection (g) as subsection (h);
(9) by inserting after subsection (f) the following:
``(g) Technical Assistance.--The Secretary may--
``(1) provide, or continue to provide, technical assistance to
recipients of awards under subsection (a); and
``(2) award a grant or contract to an eligible public or
nonprofit private entity (as determined by the Secretary) for the
purpose of providing such technical assistance pursuant to this
subsection.''; and
(10) in subsection (h), as so redesignated, by striking
``$9,000,000 for the period of fiscal years 2018 through 2022'' and
inserting ``$31,000,000 for each of fiscal years 2023 through
2027''.
TITLE II--FIREARMS
SEC. 12001. JUVENILE RECORDS.
(a) Improving NICS Examination of Juvenile Records.--
(1) In general.--Section 922 of title 18, United States Code,
is amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1), by inserting
``, including as a juvenile'' after ``such person''; and
(ii) in paragraph (4), by inserting ``at 16 years of
age or older'' after ``institution''; and
(B) in subsection (t)--
(i) in paragraph (1)--
(I) in subparagraph (B)(ii)--
(aa) by inserting ``subject to subparagraph
(C),'' before ``3 business days''; and
(bb) by striking ``and'' at the end;
(II) by redesignating subparagraph (C) as
subparagraph (D); and
(III) by inserting after subparagraph (B) the
following:
``(C) in the case of a person less than 21 years of age, in
addition to all other requirements of this chapter--
``(i) the system provides the licensee with a unique
identification number;
``(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee contacted the
system, and the system has not notified the licensee that cause
exists to further investigate a possibly disqualifying juvenile
record under subsection (d); or
``(iii) in the case of such a person with respect to whom
the system notifies the licensee in accordance with clause (ii)
that cause exists to further investigate a possibly
disqualifying juvenile record under subsection (d), 10 business
days (meaning a day on which State offices are open) have
elapsed since the licensee contacted the system, and the system
has not notified the licensee that--
``(I) transferring the firearm to the other person
would violate subsection (d) of this section; or
``(II) receipt of a firearm by the other person would
violate subsection (g) or (n) of this section, or State,
local, or Tribal law; and'';
(ii) in paragraph (2)--
(I) by inserting ``transfer or'' before
``receipt''; and
(II) by striking ``(g) or (n)'' and inserting
``(d), (g), or (n) (as applicable)'';
(iii) in paragraph (4)--
(I) by inserting ``transfer of a firearm to or''
before ``receipt''; and
(II) by striking ``(g) or (n)'' and inserting
``(d), (g), or (n) (as applicable)''; and
(iv) in paragraph (5)--
(I) by inserting ``transfer of a firearm to or''
before ``receipt''; and
(II) by striking ``(g) or (n)'' and inserting
``(d), (g), or (n) (as applicable)''.
(2) NICS requirements.--Section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) is amended by adding at
the end the following:
``(l) Requirements Relating to Background Checks for Persons Under
Age 21.--If a licensee contacts the system established under this
section regarding a proposed transfer of a firearm to a person less
than 21 years of age in accordance with subsection (t) of section 922
of title 18, United States Code, the system shall--
``(1) immediately contact--
``(A) the criminal history repository or juvenile justice
information system, as appropriate, of the State in which the
person resides for the purpose of determining whether the
person has a possibly disqualifying juvenile record under
subsection (d) of such section 922;
``(B) the appropriate State custodian of mental health
adjudication records in the State in which the person resides
to determine whether the person has a possibly disqualifying
juvenile record under subsection (d) of such section 922; and
``(C) a local law enforcement agency of the jurisdiction in
which the person resides for the purpose of determining whether
the person has a possibly disqualifying juvenile record under
subsection (d) of such section 922;
``(2) as soon as possible, but in no case more than 3 business
days, after the licensee contacts the system, notify the licensee
whether cause exists to further investigate a possibly
disqualifying juvenile record under subsection (d) of such section
922; and
``(3) if there is cause for further investigation, as soon as
possible, but in no case more than 10 business days, after the
licensee contacts the system, notify the licensee whether--
``(A) transfer of a firearm to the person would violate
subsection (d) of such section 922; or
``(B) receipt of a firearm by the person would violate
subsection (g) or (n) of such section 922, or State, local, or
Tribal law.''.
(3) Sunset of requirements to contact state and local
entities.--Effective on September 30, 2032, paragraphs (1)(B) and
(2) are repealed, and the provisions of law amended by those
paragraphs are restored as if those paragraphs had not been
enacted.
(b) Report on Removing Outdated, Expired, or Erroneous Records.--
(1) In general.--On an annual basis for each fiscal year
through fiscal year 2032, each State and Federal agency responsible
for the submission of disqualifying records under subsection (d),
(g), or (n) of section 922 of title 18, United States Code, to the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901) shall submit to the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives a report detailing the removal from the system of
records that no longer prohibit an individual from lawfully
acquiring or possessing a firearm under such subsection (d), (g),
or (n).
(2) Contents.--Each report submitted by a State or Federal
agency under paragraph (1) shall include pertinent information on--
(A) the number of records that the State or Federal agency
removed from the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) during the reporting
period;
(B) why the records were removed; and
(C) for each record removed, the nature of the
disqualifying characteristic outlined in subsection (d), (g),
or (n) of section 922 of title 18, United States Code, that
caused the State or Federal agency to originally submit the
record to the system.
SEC. 12002. DEFINING ``ENGAGED IN THE BUSINESS''.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (21)(C), by striking ``with the principal
objective of livelihood and profit'' and inserting ``to
predominantly earn a profit'';
(2) by redesignating paragraphs (22) through (29) as paragraphs
(23) through (30), respectively; and
(3) by inserting after paragraph (21) the following:
``(22) The term `to predominantly earn a profit' means that the
intent underlying the sale or disposition of firearms is predominantly
one of obtaining pecuniary gain, as opposed to other intents, such as
improving or liquidating a personal firearms collection: Provided,
That proof of profit shall not be required as to a person who engages
in the regular and repetitive purchase and disposition of firearms for
criminal purposes or terrorism. For purposes of this paragraph, the
term `terrorism' means activity, directed against United States
persons, which--
``(A) is committed by an individual who is not a national or
permanent resident alien of the United States;
``(B) involves violent acts or acts dangerous to human life
which would be a criminal violation if committed within the
jurisdiction of the United States; and
``(C) is intended--
``(i) to intimidate or coerce a civilian population;
``(ii) to influence the policy of a government by
intimidation or coercion; or
``(iii) to affect the conduct of a government by
assassination or kidnapping.''.
SEC. 12003. USE OF BYRNE GRANTS FOR IMPLEMENTATION OF STATE CRISIS
INTERVENTION PROGRAMS.
(a) Byrne JAG Program.--Section 501(a)(1) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is
amended--
(1) in the matter preceding subparagraph (A), by inserting ``or
civil proceedings'' after ``criminal justice''; and
(2) by adding at the end the following:
``(I) Implementation of State crisis intervention court
proceedings and related programs or initiatives, including but
not limited to--
``(i) mental health courts;
``(ii) drug courts;
``(iii) veterans courts; and
``(iv) extreme risk protection order programs, which
must include, at a minimum--
``(I) pre-deprivation and post-deprivation due
process rights that prevent any violation or
infringement of the Constitution of the United States,
including but not limited to the Bill of Rights, and
the substantive or procedural due process rights
guaranteed under the Fifth and Fourteenth Amendments to
the Constitution of the United States, as applied to
the States, and as interpreted by State courts and
United States courts (including the Supreme Court of
the United States). Such programs must include, at the
appropriate phase to prevent any violation of
constitutional rights, at minimum, notice, the right to
an in-person hearing, an unbiased adjudicator, the
right to know opposing evidence, the right to present
evidence, and the right to confront adverse witnesses;
``(II) the right to be represented by counsel at no
expense to the government;
``(III) pre-deprivation and post-deprivation
heightened evidentiary standards and proof which mean
not less than the protections afforded to a similarly
situated litigant in Federal court or promulgated by
the State's evidentiary body, and sufficient to ensure
the full protections of the Constitution of the United
States, including but not limited to the Bill of
Rights, and the substantive and procedural due process
rights guaranteed under the Fifth and Fourteenth
Amendments to the Constitution of the United States, as
applied to the States, and as interpreted by State
courts and United States courts (including the Supreme
Court of the United States). The heightened evidentiary
standards and proof under such programs must, at all
appropriate phases to prevent any violation of any
constitutional right, at minimum, prevent reliance upon
evidence that is unsworn or unaffirmed, irrelevant,
based on inadmissible hearsay, unreliable, vague,
speculative, and lacking a foundation; and
``(IV) penalties for abuse of the program.''.
(b) Annual Report on Crisis Intervention Programs.--Section 501 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10152) is amended by adding at the end the following:
``(h) Annual Report on Crisis Intervention Programs.--The Attorney
General shall publish an annual report with respect to grants awarded
for crisis intervention programs or initiatives under subsection
(a)(1)(I) that contains--
``(1) a description of the grants awarded and the crisis
intervention programs or initiatives funded by the grants, broken
down by grant recipient;
``(2) an evaluation of the effectiveness of the crisis
intervention programs or initiatives in preventing violence and
suicide;
``(3) measures that have been taken by each grant recipient to
safeguard the constitutional rights of an individual subject to a
crisis intervention program or initiative; and
``(4) efforts that the Attorney General is making, in
coordination with the grant recipients, to protect the
constitutional rights of individuals subject to the crisis
intervention programs or initiatives.''.
SEC. 12004. STOP ILLEGAL TRAFFICKING IN FIREARMS ACT.
(a) Anti-straw Purchasing and Firearms Trafficking Amendments.--
(1) In general.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
``(a) Definitions.--For purposes of this section--
``(1) the term `drug trafficking crime'--
``(A) has the meaning given that term in section 924(c)(2);
and
``(B) includes a felony punishable under the law of a State
for which the conduct constituting the offense would constitute
a felony punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
``(2) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g)(5); and
``(3) the term `felony' means any offense under Federal or
State law punishable by imprisonment for a term exceeding 1 year.
``(b) Violation.--It shall be unlawful for any person to knowingly
purchase, or conspire to purchase, any firearm in or otherwise
affecting interstate or foreign commerce for, on behalf of, or at the
request or demand of any other person, knowing or having reasonable
cause to believe that such other person--
``(1) meets the criteria of 1 or more paragraphs of section
922(d);
``(2) intends to use, carry, possess, or sell or otherwise
dispose of the firearm in furtherance of a felony, a Federal crime
of terrorism, or a drug trafficking crime; or
``(3) intends to sell or otherwise dispose of the firearm to a
person described in paragraph (1) or (2).
``(c) Penalty.--
``(1) In general.--Except as provided in paragraph (2), any
person who violates subsection (b) shall be fined under this title,
imprisoned for not more than 15 years, or both.
``(2) Use in felonies, crimes of terrorism, or drug trafficking
crimes.--If a violation of subsection (b) is committed knowing or
with reasonable cause to believe that any firearm involved will be
used to commit a felony, a Federal crime of terrorism, or a drug
trafficking crime, the person shall be sentenced to a term of
imprisonment of not more than 25 years.
``Sec. 933. Trafficking in firearms
``(a) In General.--It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported, or
otherwise dispose of any firearm to another person in or otherwise
affecting interstate or foreign commerce, if such person knows or
has reasonable cause to believe that the use, carrying, or
possession of a firearm by the recipient would constitute a felony
(as defined in section 932(a));
``(2) receive from another person any firearm in or otherwise
affecting interstate or foreign commerce, if the recipient knows or
has reasonable cause to believe that such receipt would constitute
a felony; or
``(3) attempt or conspire to commit the conduct described in
paragraph (1) or (2).
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned for not more than 15 years, or both.
``Sec. 934. Forfeiture and fines
``(a) Forfeiture.--
``(1) In general.--Any person convicted of a violation of
section 932 or 933 shall forfeit to the United States, irrespective
of any provision of State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation, except that for any forfeiture
of any firearm or ammunition pursuant to this section, section
924(d) shall apply.
``(2) Imposition.--The court, in imposing sentence on a person
convicted of a violation of section 932 or 933, shall order, in
addition to any other sentence imposed pursuant to section 932 or
933, that the person forfeit to the United States all property
described in paragraph (1).
``(b) Fines.--A defendant who derives profits or other proceeds
from an offense under section 932 or 933 may be fined not more than the
greater of--
``(1) the fine otherwise authorized by this part; or
``(2) the amount equal to twice the gross profits or other
proceeds of the offense under section 932 or 933.''.
(2) Title iii authorization.--Section 2516(1)(n) of title 18,
United States Code, is amended by striking ``sections 922 and 924''
and inserting ``section 922, 924, 932, or 933''.
(3) Racketeering amendment.--Section 1961(1)(B) of title 18,
United States Code, is amended by inserting ``section 932 (relating
to straw purchasing), section 933 (relating to trafficking in
firearms),'' before ``section 1028''.
(4) Money laundering amendment.--Section 1956(c)(7)(D) of title
18, United States Code, is amended by striking ``section 924(n)''
and inserting ``section 924(n), 932, or 933''.
(5) Directive to sentencing commission.--Pursuant to its
authority under section 994 of title 28, United States Code, and in
accordance with this subsection, the United States Sentencing
Commission shall review and amend its guidelines and policy
statements to ensure that persons convicted of an offense under
section 932 or 933 of title 18, United States Code, and other
offenses applicable to the straw purchases and trafficking of
firearms are subject to increased penalties in comparison to those
currently provided by the guidelines and policy statements for such
straw purchasing and trafficking of firearms offenses. In its
review, the Commission shall consider, in particular, an
appropriate amendment to reflect the intent of Congress that straw
purchasers without significant criminal histories receive sentences
that are sufficient to deter participation in such activities and
reflect the defendant's role and culpability, and any coercion,
domestic violence survivor history, or other mitigating factors.
The Commission shall also review and amend its guidelines and
policy statements to reflect the intent of Congress that a person
convicted of an offense under section 932 or 933 of title 18,
United States Code, who is affiliated with a gang, cartel,
organized crime ring, or other such enterprise should be subject to
higher penalties than an otherwise unaffiliated individual.
(6) Technical and conforming amendment.--The table of sections
for chapter 44 of title 18, United States Code, is amended by
adding at the end the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
(b) Amendments to Section 922(d).--Section 922(d) of title 18,
United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by striking the matter following paragraph (9) and
inserting the following:
``(10) intends to sell or otherwise dispose of the firearm or
ammunition in furtherance of a felony, a Federal crime of
terrorism, or a drug trafficking offense (as such terms are defined
in section 932(a)); or
``(11) intends to sell or otherwise dispose of the firearm or
ammunition to a person described in any of paragraphs (1) through
(10).
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 925 is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief from
disabilities pursuant to subsection (c) of section 925.''.
(c) Amendments to Section 924(a).--Section 924(a) of title 18,
United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d) or (g) of
section 922 shall be fined under this title, imprisoned for not
more than 15 years, or both.''.
(d) Amendments to Section 924(d).--Section 924(d) of title 18,
United States Code, is amended--
(1) in paragraph (1), by inserting ``932, or 933,'' after
``section 924,''; and
(2) in paragraph (3)--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(G) any offense under section 932 or 933.''.
(e) Amendments to Section 924(h).--Section 924 of title 18, United
States Code, is amended by striking subsection (h) and inserting the
following:
``(h) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing or having
reasonable cause to believe that such firearm or ammunition will be
used to commit a felony, a Federal crime of terrorism, or a drug
trafficking crime (as such terms are defined in section 932(a)), or a
crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the
Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et
seq.), shall be fined under this title, imprisoned for not more than 15
years, or both.''.
(f) Amendments to Section 924(k).--Section 924 of title 18, United
States Code, is amended by striking subsection (k) and inserting the
following:
``(k)(1) A person who smuggles or knowingly brings into the United
States a firearm or ammunition, or attempts or conspires to do so, with
intent to engage in or to promote conduct that--
``(A) is punishable under the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; or
``(B) constitutes a felony, a Federal crime of terrorism, or a
drug trafficking crime (as such terms are defined in section
932(a)),
shall be fined under this title, imprisoned for not more than 15
years, or both.
``(2) A person who smuggles or knowingly takes out of the United
States a firearm or ammunition, or attempts or conspires to do so, with
intent to engage in or to promote conduct that--
``(A) would be punishable under the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of
title 46, if the conduct had occurred within the United States; or
``(B) would constitute a felony or a Federal crime of terrorism
(as such terms are defined in section 932(a)) for which the person
may be prosecuted in a court of the United States, if the conduct
had occurred within the United States,
shall be fined under this title, imprisoned for not more than 15 years,
or both.''.
(g) Prohibition on Firearms or Ammunition Transfers to Agents of
Drug Cartels.--The Department of Justice, and any of its law
enforcement coordinate agencies, shall not conduct or otherwise
facilitate the transfer of an operable firearm or ammunition to an
individual if any law enforcement officer employed by the Department of
Justice involved with the transfer knows or has reasonable cause to
believe that the recipient of the firearm or ammunition is an agent of
a drug cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm or ammunition at all times.
(h) FFL Access to Law Enforcement Information.--
(1) In general.--Section 103(b) of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901(b)), is amended--
(A) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(B) by adding at the end the following:
``(2) Voluntary background checks.--
``(A) In general.--Not later than 90 days after the date of
enactment of this paragraph, the Attorney General shall
promulgate regulations allowing licensees to use the national
instant criminal background check system established under this
section for purposes of voluntarily conducting an employment
background check relating to a current or prospective employee.
The Attorney General may not collect a fee for an employment
background check under this subparagraph.
``(B) Notice.--Before conducting an employment background
check relating to a current or prospective employee under
subparagraph (A), a licensee shall--
``(i) provide written notice to the current or
prospective employee that the licensee intends to conduct
the background check; and
``(ii) obtain consent to conduct the background check
from the current or prospective employee in writing.
``(C) Exemption.--An employment background check conducted
by a licensee under subparagraph (A) shall not be governed by
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
``(D) Appeal.--Any individual who is the subject of an
employment background check conducted by a licensee under
subparagraph (A) the result of which indicates that the
individual is prohibited from possessing a firearm or
ammunition pursuant to subsection (g) or (n) of section 922 of
title 18, United States Code, may appeal the results of the
background check in the same manner and to the same extent as
if the individual had been the subject of a background check
relating to the transfer of a firearm.''.
(2) Acquisition, preservation, and exchange of identification
records and information.--Section 534 of title 28, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``and'' at the end;
(ii) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(iii) by inserting after paragraph (4) the following:
``(5) provide a person licensed as an importer, manufacturer,
or dealer of firearms under chapter 44 of title 18 with information
necessary to verify whether firearms offered for sale to such
licensees have been stolen.''; and
(B) in subsection (b), by inserting ``, except for
dissemination authorized under subsection (a)(5) of this
section'' before the period.
(3) Regulations.--Not later than 90 days after the date of
enactment of this Act, and without regard to chapter 5 of title 5,
United States Code, the Attorney General shall promulgate
regulations allowing a person licensed as an importer,
manufacturer, or dealer of firearms under chapter 44 of title 18,
United States Code, to receive access to records of stolen firearms
maintained by the National Crime Information Center operated by the
Federal Bureau of Investigation, solely for the purpose of
voluntarily verifying whether firearms offered for sale to such
licensees have been stolen.
(4) Statutory construction; evidence.--
(A) Statutory construction.--Nothing in this subsection or
the amendments made by this subsection shall be construed--
(i) to create a cause of action against any person
licensed as an importer, manufacturer, or dealer of
firearms under chapter 44 of title 18, United States Code,
or any other person for any civil liability; or
(ii) to establish any standard of care.
(B) Evidence.--Notwithstanding any other provision of law,
evidence regarding the use or non-use by a person licensed as
an importer, manufacturer, or dealer of firearms under chapter
44 of title 18, United States Code, of the systems,
information, or records made available under this subsection or
the amendments made by this subsection shall not be admissible
as evidence in any proceeding of any court, agency, board, or
other entity.
(i) Funding for Existing ATF Anti-straw Purchasing Campaign.--There
are authorized to be appropriated to the Bureau of Alcohol, Tobacco,
Firearms, and Explosives $1,000,000 for each of fiscal years 2023
through 2027 to continue and expand current efforts with existing
partners to educate persons licensed as an importer, manufacturer, or
dealer of firearms under chapter 44 of title 18, United States Code,
and the public to combat illegal straw purchases of firearms.
(j) Local Law Enforcement Reimbursement for Assistance Provided to
DHS-HSI to Prevent Illegal Trafficking.--Section 432(d)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 240(d)(2)) is amended by
inserting ``salary reimbursement,'' after ``administrative,''.
(k) Rule of Construction.--Nothing in this section, or an amendment
made by this section, shall be construed to allow the establishment of
a Federal system of registration of firearms, firearms owners, or
firearms transactions or dispositions.
SEC. 12005. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.
(a) Defining ``Dating Relationship''.--Section 921(a) of title 18,
United States Code, is amended--
(1) in paragraph (33)(A)(ii)--
(A) by striking ``or by a person'' and inserting ``by a
person''; and
(B) by inserting before the period at the end the
following: ``, or by a person who has a current or recent
former dating relationship with the victim''; and
(2) by adding at the end the following:
``(37)(A) The term `dating relationship' means a relationship
between individuals who have or have recently had a continuing serious
relationship of a romantic or intimate nature.
``(B) Whether a relationship constitutes a dating relationship
under subparagraph (A) shall be determined based on consideration of--
``(i) the length of the relationship;
``(ii) the nature of the relationship; and
``(iii) the frequency and type of interaction between the
individuals involved in the relationship.
``(C) A casual acquaintanceship or ordinary fraternization in a
business or social context does not constitute a dating relationship
under subparagraph (A).''.
(b) No Retroactive Application.--The amendments made by subsection
(a) shall not apply to any conviction of a misdemeanor crime of
domestic violence entered before the date of enactment of this Act.
(c) Limitations on Convictions of Crimes of Domestic Violence With
Respect to Dating Relationships.--Section 921(a)(33) of title 18,
United States Code, is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``subparagraph (C)'' and inserting ``subparagraphs (B) and
(C)''; and
(B) in clause (ii), by striking ``State,,'' and inserting
``State,''; and
(2) by adding at the end the following:
``(C) A person shall not be considered to have been convicted of a
misdemeanor crime of domestic violence against an individual in a
dating relationship for purposes of this chapter if the conviction has
been expunged or set aside, or is an offense for which the person has
been pardoned or has had firearm rights restored unless the
expungement, pardon, or restoration of rights expressly provides that
the person may not ship, transport, possess, or receive firearms:
Provided, That, in the case of a person who has not more than 1
conviction of a misdemeanor crime of domestic violence against an
individual in a dating relationship, and is not otherwise prohibited
under this chapter, the person shall not be disqualified from shipping,
transport, possession, receipt, or purchase of a firearm under this
chapter if 5 years have elapsed from the later of the judgment of
conviction or the completion of the person's custodial or supervisory
sentence, if any, and the person has not subsequently been convicted of
another such offense, a misdemeanor under Federal, State, Tribal, or
local law which has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly weapon, or any other
offense that would disqualify the person under section 922(g). The
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901) shall be updated to reflect the status of the person.
Restoration under this subparagraph is not available for a current or
former spouse, parent, or guardian of the victim, a person with whom
the victim shares a child in common, a person who is cohabiting with or
has cohabited with the victim as a spouse, parent, or guardian, or a
person similarly situated to a spouse, parent, or guardian of the
victim.''.
TITLE III--OTHER MATTERS
Subtitle A--Extension of Moratorium
SEC. 13101. EXTENSION OF MORATORIUM ON IMPLEMENTATION OF RULE RELATING
TO ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR
PRESCRIPTION DRUG REBATES.
Section 90006 of division I of the Infrastructure Investment and
Jobs Act (42 U.S.C. 1320a-7b note) is amended by striking ``January 1,
2026'' and inserting ``January 1, 2027''.
Subtitle B--Medicare Improvement Fund
SEC. 13201. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``fiscal year 2021, $5,000,000''
and inserting ``fiscal year 2022, $7,500,000,000''.
Subtitle C--Luke and Alex School Safety Act of 2022
SEC. 13301. SHORT TITLE.
This subtitle may be cited as the ``Luke and Alex School Safety Act
of 2022''.
SEC. 13302. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED
PRACTICES.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following:
``SEC. 2220D. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED
PRACTICES.
``(a) Establishment.--
``(1) In general.--The Secretary, in coordination with the
Secretary of Education, the Attorney General, and the Secretary of
Health and Human Services, shall establish a Federal Clearinghouse
on School Safety Evidence-based Practices (in this section referred
to as the `Clearinghouse') within the Department.
``(2) Purpose.--The Clearinghouse shall serve as a Federal
resource to identify and publish online through SchoolSafety.gov,
or any successor website, evidence-based practices and
recommendations to improve school safety for use by State and local
educational agencies, institutions of higher education, State and
local law enforcement agencies, health professionals, and the
general public.
``(3) Personnel.--
``(A) Assignments.--The Clearinghouse shall be assigned
such personnel and resources as the Secretary considers
appropriate to carry out this section.
``(B) Detailees.--The Secretary of Education, the Attorney
General, and the Secretary of Health and Human Services may
detail personnel to the Clearinghouse.
``(4) Exemptions.--
``(A) Paperwork reduction act.--Chapter 35 of title 44,
United States Code (commonly known as the `Paperwork Reduction
Act'), shall not apply to any rulemaking or information
collection required under this section.
``(B) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply for the purposes
of carrying out this section.
``(b) Clearinghouse Contents.--
``(1) Consultation.--In identifying the evidence-based
practices and recommendations for the Clearinghouse, the Secretary
shall--
``(A) consult with appropriate Federal, State, local,
Tribal, private sector, and nongovernmental organizations,
including civil rights and disability rights organizations; and
``(B) consult with the Secretary of Education to ensure
that evidence-based practices published by the Clearinghouse
are aligned with evidence-based practices to support a positive
and safe learning environment for all students.
``(2) Criteria for evidence-based practices and
recommendations.--The evidence-based practices and recommendations
of the Clearinghouse shall--
``(A) include comprehensive evidence-based school safety
measures;
``(B) include the evidence or research rationale supporting
the determination of the Clearinghouse that the evidence-based
practice or recommendation under subparagraph (A) has been
shown to have a significant effect on improving the health,
safety, and welfare of persons in school settings, including--
``(i) relevant research that is evidence-based, as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801), supporting the
evidence-based practice or recommendation;
``(ii) findings and data from previous Federal or State
commissions recommending improvements to the safety posture
of a school; or
``(iii) other supportive evidence or findings relied
upon by the Clearinghouse in determining evidence-based
practices and recommendations, as determined in
consultation with the officers described in subsection
(a)(3)(B);
``(C) include information on Federal programs for which
implementation of each evidence-based practice or
recommendation is an eligible use for the program;
``(D) be consistent with Federal civil rights laws,
including title II of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131 et seq.), the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.), and title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.); and
``(E) include options for developmentally appropriate
recommendations for use in educational settings with respect to
children's ages and physical, social, sensory, and emotionally
developmental statuses.
``(3) Past commission recommendations.--The Clearinghouse shall
present, as determined in consultation with the officers described
in subsection (a)(3)(B), Federal, State, local, Tribal, private
sector, and nongovernmental organization issued best practices and
recommendations and identify any best practice or recommendation of
the Clearinghouse that was previously issued by any such
organization or commission.
``(c) Assistance and Training.--The Secretary may produce and
publish materials on the Clearinghouse to assist and train educational
agencies and law enforcement agencies on the implementation of the
evidence-based practices and recommendations.
``(d) Continuous Improvement.--The Secretary shall--
``(1) collect for the purpose of continuous improvement of the
Clearinghouse--
``(A) Clearinghouse data analytics;
``(B) user feedback on the implementation of resources,
evidence-based practices, and recommendations identified by the
Clearinghouse; and
``(C) any evaluations conducted on implementation of the
evidence-based practices and recommendations of the
Clearinghouse; and
``(2) in coordination with the Secretary of Education, the
Secretary of Health and Human Services, and the Attorney General--
``(A) regularly assess and identify Clearinghouse evidence-
based practices and recommendations for which there are no
resources available through Federal Government programs for
implementation; and
``(B) establish an external advisory board, which shall be
comprised of appropriate State, local, Tribal, private sector,
and nongovernmental organizations, including organizations
representing parents of elementary and secondary school
students, representative from civil rights organizations,
representatives of disability rights organizations,
representatives of educators, representatives of law
enforcement, and nonprofit school safety and security
organizations, to--
``(i) provide feedback on the implementation of
evidence-based practices and recommendations of the
Clearinghouse; and
``(ii) propose additional recommendations for evidence-
based practices for inclusion in the Clearinghouse that
meet the requirements described in subsection (b)(2)(B).
``(e) Parental Assistance.--The Clearinghouse shall produce
materials in accessible formats to assist parents and legal guardians
of students with identifying relevant Clearinghouse resources related
to supporting the implementation of Clearinghouse evidence-based
practices and recommendations.''.
(b) Technical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by adding at the end the following:
``Sec. 2220D. Federal Clearinghouse on School Safety Evidence-based
Practices.''.
SEC. 13303. NOTIFICATION OF CLEARINGHOUSE.
(a) Notification by the Secretary of Education.--The Secretary of
Education shall provide written notification of the publication of the
Federal Clearinghouse on School Safety Evidence-based Practices
(referred to in this section and section 13304 as the
``Clearinghouse''), as required to be established under section 2220D
of the Homeland Security Act of 2002, as added by section 13302 of this
Act, to--
(1) every State and local educational agency; and
(2) other Department of Education partners in the
implementation of the evidence-based practices and recommendations
of the Clearinghouse, as determined appropriate by the Secretary of
Education.
(b) Notification by the Secretary of Homeland Security.--The
Secretary of Homeland Security shall provide written notification of
the publication of the Clearinghouse, as required to be established
under section 2220D of the Homeland Security Act of 2002, as added by
section 13302 of this Act, to--
(1) every State homeland security advisor;
(2) every State department of homeland security; and
(3) other Department of Homeland Security partners in the
implementation of the evidence-based practices and recommendations
of the Clearinghouse, as determined appropriate by the Secretary of
Homeland Security.
(c) Notification by the Secretary of Health and Human Services.--
The Secretary of Health and Human Services shall provide written
notification of the publication of the Clearinghouse, as required to be
established under section 2220D of the Homeland Security Act of 2002,
as added by section 13302 of this Act, to--
(1) every State department of public health; and
(2) other Department of Health and Human Services partners in
the implementation of the evidence-based practices and
recommendations of the Clearinghouse, as determined appropriate by
the Secretary of Health and Human Services.
(d) Notification by the Attorney General.--The Attorney General
shall provide written notification of the publication of the
Clearinghouse, as required to be established under section 2220D of the
Homeland Security Act of 2002, as added by section 13302 of this Act,
to--
(1) every State department of justice; and
(2) other Department of Justice partners in the implementation
of the evidence-based practices and recommendations of the
Clearinghouse, as determined appropriate by the Attorney General.
SEC. 13304. GRANT PROGRAM REVIEW.
(a) Federal Grants and Resources.--Not later than 1 year after the
date of enactment of this Act, the Clearinghouse or the external
advisory board established under section 2220D of the Homeland Security
Act of 2002, as added by this subtitle, shall--
(1) review grant programs and identify any grant program that
may be used to implement evidence-based practices and
recommendations of the Clearinghouse;
(2) identify any evidence-based practices and recommendations
of the Clearinghouse for which there is not a Federal grant program
that may be used for the purposes of implementing the evidence-
based practice or recommendation as applicable to the agency; and
(3) periodically report any findings under paragraph (2) to the
appropriate committees of Congress.
(b) State Grants and Resources.--The Clearinghouse shall, to the
extent practicable, identify, for each State--
(1) each agency responsible for school safety in the State, or
any State that does not have such an agency designated;
(2) any grant program that may be used for the purposes of
implementing evidence-based practices and recommendations of the
Clearinghouse; and
(3) any resources other than grant programs that may be used to
assist in implementation of evidence-based practices and
recommendations of the Clearinghouse.
SEC. 13305. RULES OF CONSTRUCTION.
(a) Waiver of Requirements.--Nothing in this subtitle or the
amendments made by this subtitle shall be construed to create, satisfy,
or waive any requirement under--
(1) title II of the Americans With Disabilities Act of 1990 (42
U.S.C. 12131 et seq.);
(2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.);
(4) title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.); or
(5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
(b) Prohibition on Federally Developed, Mandated, or Endorsed
Curriculum.--Nothing in this subtitle or the amendments made by this
subtitle shall be construed to authorize any officer or employee of the
Federal Government to engage in an activity otherwise prohibited under
section 103(b) of the Department of Education Organization Act (20
U.S.C. 3403(b)).
Subtitle D--Amendment on ESEA Funding
SEC. 13401. AMENDMENT ON ESEA FUNDING.
Section 8526 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7906) is amended--
(1) in paragraph (5), by striking ``or'' after the semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(7) for the provision to any person of a dangerous weapon, as
defined in section 930(g)(2) of title 18, United States Code, or
training in the use of a dangerous weapon.''.
DIVISION B--APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
TITLE I
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$100,000,000, to remain available until expended, to meet additional
resource needs of the National Instant Criminal Background Check
System.
State and Local Law Enforcement Activities
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $1,400,000,000, to remain available until expended, for
grants to be administered by the Office of Justice Programs: Provided,
That $280,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $280,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $280,000,000,
to remain available until expended, shall be made available for fiscal
year 2024, $280,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $280,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the funds made available under this heading
in this Act, the following amounts shall be for the following purposes
in equal amounts for each of fiscal years 2022 through 2026--
(1) $750,000,000 shall be awarded pursuant to the formula
allocation (adjusted in proportion to the relative amounts
statutorily designated therefor) that was used in the fiscal year
prior to the year for which funds are provided for the Edward Byrne
Memorial Justice Assistance Grant program, as authorized by subpart
1 of part E of title I of the Omnibus Crime Control and Safe
Streets Acts of 1968 (Public Law 90-351) (the ``1968 Act''), and
shall be for the purposes described in section 501(a)(1)(I) of
title I of the 1968 Act, as amended by title II of division A of
this Act: Provided further, That the allocation provisions under
sections 505(a) through (e), the special rules for Puerto Rico
under section 505(g), and section 1001(c) of title I of the 1968
Act shall not apply to the amount described in this paragraph;
(2) $200,000,000 shall be for grants administered by the Bureau
of Justice Assistance for purposes authorized under the STOP School
Violence Act of 2018 (title V of division S of Public Law 115-141);
(3) $200,000,000 shall be for grants to the States to upgrade
criminal and mental health records for the National Instant
Criminal Background Check System, including grants to assist States
in providing disqualifying juvenile records under subsection (g) or
(n) of section 922 of title 18, United States Code: Provided
further, That the grants described in this paragraph shall be
available to State criminal record repositories and State court
systems; and
(4) $250,000,000 shall be for a community violence intervention
and prevention initiative.
Community Oriented Policing Services
community oriented policing services programs
For an additional amount for ``Community Oriented Policing Services
Programs'', $100,000,000, to remain available until expended, for
competitive grants to be administered by the Community Oriented
Policing Services Office for purposes authorized under the STOP School
Violence Act of 2018 (title V of division S of Public Law 115-141):
Provided, That $20,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $20,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$20,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $20,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$20,000,000, to remain available until expended, shall be made
available for fiscal year 2026.
GENERAL PROVISIONS--THIS TITLE
Sec. 21001. None of the funds made available by this title may be
transferred in this or any future fiscal year pursuant to the authority
in section 205 of the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2022, or any successor provision in a subsequently
enacted appropriations Act.
Sec. 21002. (a) The Department of Justice shall provide a detailed
spend plan for the fiscal year 2022 and 2023 funds made available in
this title to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the enactment of
this Act and, for each of fiscal years 2024 through 2026, as part of
the annual budget submission of the President under section 1105(a) of
title 31, United States Code, the Attorney General shall submit a
detailed spend plan for the funds made available in this title in that
fiscal year.
(b) The spend plan described in subsection (a) shall include a
specific and detailed description of the intended administration,
review processes, allowable purposes, eligibility requirements, and
priority areas or weightings for the grant programs funded in this
title.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration
health surveillance and program support
For an additional amount for ``Health Surveillance and Program
Support'', $800,000,000, to remain available until September 30, 2025:
Provided, That $312,500,000, to remain available until December 31,
2022, shall be made available for fiscal year 2022, $162,500,000, to
remain available until September 30, 2023, shall be made available for
fiscal year 2023, $162,500,000, to remain available until September 30,
2024, shall be made available for fiscal year 2024, and $162,500,000,
to remain available until September 30, 2025, shall be made available
for fiscal year 2025: Provided further, That of the funds made
available under this heading in this Act, the following amounts shall
be for the following purposes in equal amounts for each of fiscal years
2022 through 2025, unless stated otherwise--
(1) $250,000,000 shall be for grants for the community mental
health services block grant program under subpart I of part B of
title XIX of the Public Health Service Act;
(2) $40,000,000 shall be for National Child Traumatic Stress
Network;
(3) $240,000,000 shall be for activities and services under
Project AWARE, of which no less than $28,000,000 shall be for
activities described in section 7134 of Public Law 115-271;
(4) $120,000,000 shall be for Mental Health Awareness Training;
and
(5) $150,000,000 shall be for the National Suicide Prevention
Lifeline for fiscal year 2022.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $190,000,000, to remain available until September 30,
2026: Provided, That $82,000,000, to remain available until December
31, 2022, shall be made available for fiscal year 2022, $32,000,000, to
remain available until September 30, 2023, shall be made available for
fiscal year 2023, $32,000,000, to remain available until September 30,
2024, shall be made available for fiscal year 2024, $32,000,000, to
remain available until September 30, 2025, shall be made available for
fiscal year 2025, and $12,000,000, to remain available until September
30, 2026, shall be made available for fiscal year 2026: Provided
further, That of the funds made available under this heading in this
Act, the following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026, unless stated
otherwise--
(1) $60,000,000 shall be for primary care training and
enhancement under section 747 of the Public Health Service Act (42
U.S.C. 293k) to provide mental and behavioral health care training
as part of the training of pediatricians and other primary care
clinicians who plan to provide care for pediatric populations and
other vulnerable populations, such as victims of abuse or trauma,
and individuals with mental health or substance use disorders:
Provided further, That section 747(c)(2) of the Public Health
Service Act (42 U.S.C. 293k(c)(2)) shall not apply to funding made
available in this paragraph: Provided further, That such funds
shall be transferred to ``Health Resources and Services
Administration--Health Workforce'';
(2) $80,000,000 shall be for pediatric mental health care
access under section 330M of the Public Health Service Act (42
U.S.C. 254c-19), in equal amounts for each of fiscal years 2022
through 2025: Provided further, That such funds shall be
transferred to ``Health Resources and Services Administration--
Maternal and Child Health''; and
(3) $50,000,000, to remain available until expended, shall be
for carrying out subsection (b) of section 11003 of division A of
this Act for fiscal year 2022: Provided further, That such funds
shall be transferred to ``Centers for Medicare & Medicaid
Services--Grants to States for Medicaid''.
DEPARTMENT OF EDUCATION
School Improvement Programs
For an additional amount for ``School Improvement Programs'',
$1,050,000,000, to remain available through September 30, 2025, for
carrying out subpart 1 of part A of title IV and part B of title IV of
the Elementary and Secondary Education of 1965 (referred to in this Act
as ``ESEA''), in addition to amounts otherwise available for such
purposes: Provided, That $50,000,000, to remain available through
September 30, 2023, shall be for carrying out part B of title IV of the
ESEA: Provided further, That the Secretary shall increase support for
the implementation of evidence-based practices intended to increase
attendance and engagement of students in the middle grades and high
school in community learning centers using funds in the preceding
proviso: Provided further, That $1,000,000,000 shall be for activities
under section 4108 of the ESEA and, notwithstanding section 4105 of
such Act, States shall make awards on a competitive basis to high-need
local educational agencies as determined by the State.
Safe Schools and Citizenship Education
For an additional amount for ``Safe Schools and Citizenship
Education'', $1,000,000,000, to remain available through December 31,
2026: Provided, That $200,000,000, to remain available until March 31,
2023, shall be made available for fiscal year 2022, $200,000,000, to
remain available until December 31, 2023, shall be made available for
fiscal year 2023, $200,000,000, to remain available until December 31,
2024, shall be made available for fiscal year 2024, $200,000,000, to
remain available until December 31, 2025, shall be made available for
fiscal year 2025, and $200,000,000, to remain available until December
31, 2026, shall be made available for fiscal year 2026: Provided
further, That not more than two percent of each of such amounts may be
used for program administration, technical assistance, data collection,
and dissemination of best practices: Provided further, That of the
funds made available under this heading in this Act, the following
amounts shall be available for the following purposes in equal amounts
for each of fiscal years 2022 through 2026--
(1) $500,000,000 shall be for carrying out School Based Mental
Health Services Grants, in addition to amounts otherwise available
for such purposes; and
(2) $500,000,000 shall be for carrying out Mental Health
Services Professional Demonstration Grants, in addition to amounts
otherwise available for such purposes.
GENERAL PROVISIONS--THIS TITLE
Sec. 22001. None of the funds made available by this title may be
transferred in this or any future fiscal year pursuant to the authority
in section 205 or section 302 of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2022 (division H of Public Law 117-103), or any successor provision in
a subsequently enacted appropriations Act, or section 241(a) of the
Public Health Service Act.
Sec. 22002. Not later than 30 days after the date of enactment of
this Act, the Secretaries of Health and Human Services and Education
shall each provide a detailed spend plan of anticipated uses of funds
made available to their respective Departments in this title, including
estimated personnel and administrative costs, to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That such plans shall be updated and submitted to such
Committees every 60 days until all funds are expended: Provided
further, That the spend plans shall be accompanied by a listing of each
contract obligation incurred that exceeds $5,000,000 which has not
previously been reported, including the amount of each such obligation:
Provided further, That the Committees on Appropriations of the House
of Representatives and the Senate shall be briefed on obligations
quarterly until all funds are expended.
Sec. 22003. Not later than 60 days after the date of enactment of
this Act, the Secretaries of Health and Human Services and Education
shall each provide biweekly obligation reports for funds made available
to their respective Departments in this title, including anticipated
uses of funds made available in this title, to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That such reports shall be updated and submitted biweekly to
the Committees until all funds are expended.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
Sec. 23001. Each amount appropriated or made available by this
division is in addition to amounts otherwise appropriated for the
fiscal year involved.
Sec. 23002. No part of any appropriation contained in this
division shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 23003. Unless otherwise provided for by this division, the
additional amounts appropriated by this division to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2022.
Sec. 23004. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
Sec. 23005. (a) Statutory PAYGO Scorecards.--The budgetary effects
of each division of this Act shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory Pay As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of each
division of this Act shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71 (115th
Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the budgetary effects of this
division shall be estimated for purposes of section 251 of such Act and
as appropriations for discretionary accounts for purposes of the
allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional Budget
Act of 1974 and section 4001 of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
This division may be cited as the ``Bipartisan Safer Communities
Supplemental Appropriations Act, 2022''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.