[Congressional Record Volume 168, Number 105 (Tuesday, June 21, 2022)]
[Senate]
[Pages S3034-S3043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5099. Mr. SCHUMER (for Mr. Murphy (for himself, Mr. Cornyn, Ms. 
Sinema, and Mr. Tillis)) proposed an amendment to the bill S. 2938, to 
designate the United States Courthouse and Federal Building located at 
111 North Adams Street in Tallahassee, Florida, as the ``Joseph Woodrow 
Hatchett United States Courthouse and Federal Building'', and for other 
purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     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

[[Page S3035]]

     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

[[Page S3036]]

     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''.

[[Page S3037]]

  


                           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.''.

[[Page S3038]]

       (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.''.

[[Page S3039]]

       (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

[[Page S3040]]

     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

[[Page S3041]]

     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.

[[Page S3042]]

  


                        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''.
                                 ______
                                 
  SA 5100. Mr. SCHUMER proposed an amendment to amendment SA 5099 
proposed by Mr. Schumer (for Mr. Murphy (for himself, Mr. Cornyn, Ms. 
Sinema, and Mr. Tillis)) to the bill S. 2938, to designate the United 
States Courthouse and Federal Building located at 111 North Adams 
Street in Tallahassee, Florida, as the ``Joseph Woodrow Hatchett United 
States Courthouse and Federal Building'', and for other purposes; as 
follows:

       At the end add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 5101. Mr. SCHUMER proposed an amendment to the bill S. 2938, to 
designate the United States Courthouse and Federal Building located at 
111 North Adams Street in Tallahassee, Florida, as the ``Joseph Woodrow 
Hatchett United States Courthouse and Federal Building'', and for other 
purposes; as follows:

       At the end add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall take effect on the date that is 2 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 5102. Mr. SCHUMER proposed an amendment to amendment SA 5101 
proposed by Mr. Schumer to the bill S. 2938, to designate the United 
States

[[Page S3043]]

Courthouse and Federal Building located at 111 North Adams Street in 
Tallahassee, Florida, as the ``Joseph Woodrow Hatchett United States 
Courthouse and Federal Building'', and for other purposes; as follows:

        On page 1, line 3, strike ``2 days'' and insert ``3 
     days''.
                                 ______
                                 
  SA 5103. Mr. SCHUMER proposed an amendment to amendment SA 5102 
proposed by Mr. Schumer to the amendment SA 5101 proposed by Mr. 
Schumer to the bill S. 2938, to designate the United States Courthouse 
and Federal Building located at 111 North Adams Street in Tallahassee, 
Florida, as the ``Joseph Woodrow Hatchett United States Courthouse and 
Federal Building'', and for other purposes; as follows:

        On page 1, line 3, strike ``3 days'' and insert ``4 
     days''.

                          ____________________