[Congressional Record Volume 168, Number 106 (Wednesday, June 22, 2022)]
[Senate]
[Pages S3086-S3094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5121. Mr. CRUZ (for himself and Mr. Barrasso) submitted an
amendment intended to be proposed 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; which was ordered to lie on
the table; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe Kids,
Safe Schools, Safe Communities Act of 2022''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reauthorization and improvements to NICS.
Sec. 4. Availability of records to NICS.
Sec. 5. Reports and certifications to Congress.
Sec. 6. Increasing Federal prosecution of gun violence.
Sec. 7. Prosecution of felons and fugitives who attempt to illegally
purchase firearms.
Sec. 8. Limitation on operations by the Department of Justice.
Sec. 9. Straw purchasing of firearms.
Sec. 10. Increased penalties for lying and buying.
Sec. 11. Amendments to section 924(a).
Sec. 12. Amendments to section 924(h).
Sec. 13. Amendments to section 924(k).
Sec. 14. Multiple sales reports for rifles and shotguns.
Sec. 15. Study by the National Institutes of Justice and National
Academy of Sciences on the causes of mass shootings.
Sec. 16. Reports to Congress regarding ammunition purchases by Federal
agencies.
Sec. 17. Firearm commerce modernization.
Sec. 18. Firearm dealer access to law enforcement information.
Sec. 19. Interstate transportation of firearms or ammunition.
Sec. 20. Preventing duplicative grants.
Sec. 21. Project Sentry authorization.
Sec. 22. Project Child Safe authorization.
Sec. 23. Nonprofit security grant program.
Sec. 24. Luke and Alex School Safety Act.
Sec. 25. Reauthorization and expansion of the National Threat
Assessment Center of the Department of Homeland Security.
Sec. 26. Stop gun criminals.
Sec. 27. Amendments to enhance certain penalties.
Sec. 28. Securing schools.
Sec. 29. Improving school security through the COPS ON THE BEAT
program.
Sec. 30. Student mental health.
Sec. 31. Authorization and appropriations of funds.
Sec. 32. No Federal funding for abortions.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(2) the term ``NICS'' means the National Instant Criminal
Background Check System; and
(3) the term ``relevant Federal records'' means any record
demonstrating that a person is prohibited from possessing or
receiving a firearm under subsection (g) or (n) of section
922 of title 18, United States Code.
SEC. 3. REAUTHORIZATION AND IMPROVEMENTS TO NICS.
(a) In General.--Section 103 of the NICS Improvement
Amendments Act of 2007 (34 U.S.C. 40913) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively;
(2) by amending subsection (f), as so redesignated, to read
as follows:
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$50,000,000 for each of fiscal years 2023 through 2027.'';
and
(3) by inserting after subsection (d) the following:
``(e) Accountability.--All grants awarded by the Attorney
General under this section shall be subject to the following
accountability provisions:
``(1) Definition.--In this subsection, the term `unresolved
audit finding' means a finding in the final audit report of
the Inspector General of the Department of Justice that the
audited grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed
or resolved within 12 months from the date when the final
audit report is issued.
``(2) Audits.--
``(A) In general.--Beginning in the first fiscal year
beginning after the date of enactment of this subsection, and
in each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this section to--
``(i) prevent waste, fraud, and abuse of funds by grantees;
and
``(ii) ensure that Federal, State, local, and Tribal
records that would disqualify an individual from purchasing
or owning a firearm under section 922 of title 18, United
States Code, are disclosed in a timely fashion.
``(B) Determination.--The Inspector General of the
Department of Justice shall determine the appropriate number
of grantees to be audited each year.
``(3) Priority.--In awarding grants under this section, the
Attorney General shall give priority to eligible applicants
that did not have an unresolved audit finding during the 3
fiscal years before submitting an application for a grant
under this section.''.
(b) Modification of Eligibility Requirements.--The NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.)
is amended--
(1) in section 102(b)(1) (34 U.S.C. 40912(b)(1))--
(A) in subparagraph (A), by striking ``subparagraph (C)''
and inserting ``subparagraph (B)'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
(2) in section 103(a)(1) (34 U.S.C. 40913(a)(1)), by
striking ``and subject to section 102(b)(1)(B)''; and
(3) in section 104(d) (34 U.S.C. 40914(d)), by striking
``section 102(b)(1)(C)'' and inserting ``section
102(b)(1)(B)''.
SEC. 4. AVAILABILITY OF RECORDS TO NICS.
(a) Guidance.--Not later than 45 days after the date of
enactment of this Act, the Attorney General shall issue
guidance regarding--
(1) the identification and sharing of relevant Federal
records; and
(2) submission of the relevant Federal records to NICS.
(b) Prioritization of Records.--Each agency that possesses
relevant Federal records shall prioritize providing the
relevant information contained in the relevant Federal
records to NICS on a regular and ongoing basis in accordance
with the guidance issued by the Attorney General under
subsection (a).
(c) Reports.--Not later than 60 days after the Attorney
General issues guidance under subsection (a), the head of
each agency shall submit a report to the Attorney General
that--
(1) advises whether the agency possesses relevant Federal
records; and
(2) describes the implementation plan of the agency for
making the relevant information contained in relevant Federal
records available to NICS in a manner consistent with
applicable law.
(d) Determination of Relevance.--The Attorney General shall
resolve any dispute regarding whether--
(1) agency records are relevant Federal records; and
(2) the relevant Federal records of an agency should be
made available to NICS.
SEC. 5. REPORTS AND CERTIFICATIONS TO CONGRESS.
(a) NICS Reports.--Not later than October 1, 2022, and
every year thereafter, the head of each agency that possesses
relevant Federal records shall submit a report to Congress
that includes--
(1) a description of the relevant Federal records possessed
by the agency that can be shared with NICS in a manner
consistent with applicable law;
(2) the number of relevant Federal records the agency
submitted to NICS during the reporting period;
(3) efforts made to increase the percentage of relevant
Federal records possessed by the agency that are submitted to
NICS;
(4) any obstacles to increasing the percentage of relevant
Federal records possessed by the agency that are submitted to
NICS;
(5) measures put in place to provide notice and programs
for relief from disabilities as required under the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.)
if the agency makes qualifying adjudications relating to the
mental health of an individual;
(6) measures put in place to correct, modify, or remove
records available to NICS when the basis on which the records
were made available no longer applies; and
(7) additional steps that will be taken during the 1-year
period after the submission of the report to improve the
processes by which relevant Federal records are--
(A) identified;
(B) made available to NICS; and
(C) corrected, modified, or removed from NICS.
(b) Certifications.--
(1) In general.--The annual report requirement in
subsection (a) shall not apply to an agency that, as part of
a report required to be submitted under subsection (a),
provides certification that the agency has--
(A) made available to NICS relevant Federal records that
can be shared in a manner consistent with applicable law;
(B) a plan to make any relevant Federal records available
to NICS and a description of that plan; and
(C) a plan to update, modify, or remove records
electronically from NICS not less than quarterly as required
by the NICS Improvement Amendments Act of 2007 (34 U.S.C.
40902 et seq.) and a description of that plan.
(2) Frequency.--Each agency that is not required to submit
annual reports under
[[Page S3087]]
paragraph (1) shall submit an annual certification to
Congress attesting that the agency continues to submit
relevant Federal records to NICS and has corrected, modified,
or removed records available to NICS when the basis on which
the records were made available no longer applies.
(c) Reports to Congress on Firearms Prosecutions.--
(1) Report to congress.--Beginning February 1, 2023, and on
February 1 of each year thereafter through 2032, the Attorney
General shall submit to the Committees on the Judiciary and
Committees on Appropriations of the Senate and the House of
Representatives a report of information gathered under this
subsection during the fiscal year that ended on September 30
of the preceding year.
(2) Subject of annual report.--Not later than 90 days after
the date of enactment of this Act, the Attorney General shall
require each component of the Department of Justice,
including each United States Attorney's Office, to furnish
for the purposes of the report described in paragraph (1),
information relating to any case presented to the Department
of Justice for review or prosecution, in which the objective
facts of the case provide probable cause to believe that
there has been a violation of sections 922 and 924 of title
18, United States Code, and section 5861 of the Internal
Revenue Code of 1986.
(3) Elements of annual report.--With respect to each case
described in paragraph (2), the report submitted under
paragraph (1) shall include information indicating--
(A) whether in any such case, a decision has been made not
to charge an individual with a violation of sections 922 and
924 of title 18, United States Code, and section 5861 of the
Internal Revenue Code of 1986, or any other violation of
Federal criminal law;
(B) in any case described in subparagraph (A), a
description of why no charge was filed under sections 922 and
924 of title 18, United States Code, and section 5861 of the
Internal Revenue Code of 1986;
(C) whether in any case described in paragraph (2), an
indictment, information, or other charge has been brought
against any person, or the matter is pending;
(D) whether, in the case of an indictment, information, or
other charge described in subparagraph (C), the charging
document contains a count or counts alleging a violation of
sections 922 and 924 of title 18, United States Code, and
section 5861 of the Internal Revenue Code of 1986;
(E) in any case described in subparagraph (D) in which the
charging document contains a count or counts alleging a
violation of sections 922 and 924 of title 18, United States
Code, and section 5861 of the Internal Revenue Code of 1986,
whether a plea agreement of any kind has been entered into
with such charged individual;
(F) whether any plea agreement described in subparagraph
(E) required that the individual plead guilty, to enter a
plea of nolo contendere, or otherwise caused a court to enter
a conviction against that individual for a violation of
sections 922 and 924 of title 18, United States Code, and
section 5861 of the Internal Revenue Code of 1986;
(G) in any case described in subparagraph (F) in which the
plea agreement did not require that the individual plead
guilty, enter a plea of nolo contendere, or otherwise cause a
court to enter a conviction against that individual for a
violation of sections 922 and 924 of title 18, United States
Code, and section 5861 of the Internal Revenue Code of 1986,
identification of the charges to which that individual did
plead guilty;
(H) in the case of an indictment, information, or other
charge described in subparagraph (C), in which the charging
document contains a count or counts alleging a violation of
sections 922 and 924 of title 18, United States Code, and
section 5861 of the Internal Revenue Code of 1986, the result
of any trial of such charges (guilty, not guilty, mistrial);
(I) in the case of an indictment, information, or other
charge described in subparagraph (C), in which the charging
document did not contain a count or counts alleging a
violation of sections 922 and 924 of title 18, United States
Code, and section 5861 of the Internal Revenue Code of 1986,
the nature of the other charges brought and the result of any
trial of such other charges as have been brought (guilty, not
guilty, mistrial);
(J) the number of persons who attempted to purchase a
firearm but were denied because of a background check
conducted in accordance with section 922(t) of title 18,
United States Code; and
(K) the number of prosecutions conducted in relation to
persons described in subparagraph (J).
SEC. 6. INCREASING FEDERAL PROSECUTION OF GUN VIOLENCE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall establish
in jurisdictions specified in subsection (c) a program that
meets the requirements of subsection (b), to be known as the
``Nationwide Project Exile Expansion''.
(b) Program Elements.--Each program established under
subsection (a) shall, for the jurisdiction concerned--
(1) provide for coordination with State and local law
enforcement officials in the identification of violations of
Federal firearms laws with an emphasis on the use of firearms
in violation of Federal law in the commission of crimes of
violence, Federal drug trafficking offenses, and Federal
crimes of terrorism;
(2) provide for the establishment of agreements with State
and local law enforcement officials for the referral to
Federal law enforcement, including the Federal Bureau of
Investigation and the Drug Enforcement Administration, and
the United States Attorney for prosecution of persons
arrested for violations of section 922 or section 924 of
title 18, United States Code, or section 5861 of the Internal
Revenue Code of 1986, relating to firearms;
(3) provide for the establishment of multijurisdictional
task forces, coordinated by the Executive Office of the
United States attorneys to investigate and prosecute illegal
straw purchasing rings that purchase firearms in one
jurisdiction and transfer them to another;
(4) require that the United States attorney designate not
less than 1 assistant United States attorney to prosecute
violations of Federal firearms laws; and
(5) ensure that each person referred to the United States
attorney for use of firearms in violation of Federal law in
the commission of crimes of violence, Federal drug
trafficking offenses, or other Federal crimes of terrorism
under paragraph (2) be charged with a violation of the most
serious Federal firearm offense consistent with the act
committed.
(c) Covered Jurisdictions.--
(1) In general.--Subject to paragraph (2), the
jurisdictions specified in this subsection are--
(A) the 10 jurisdictions with a population equal to or
greater than 100,000 persons that had the highest total
number of homicides according to the uniform crime report of
the Federal Bureau of Investigation for the most recent year
available;
(B) the 5 jurisdictions with such a population, other than
the jurisdictions covered by paragraph (1), with the highest
per capita rate of homicide according to the uniform crime
report of the Federal Bureau of Investigation for the most
recent year available; and
(C) the 3 tribal jurisdictions that have the highest
homicide crime rates, as determined by the Attorney General.
(2) Limitation.--The 15 jurisdictions described in
subparagraphs (A) and (B) shall not include any jurisdiction
other than those within the 50 States.
(d) Annual Reports.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report containing the
following information:
(1) The number of individuals indicted for such violations
of Federal firearms laws during that year by reason of the
program.
(2) The increase or decrease in the number of individuals
indicted for such violations of Federal firearms laws during
that year by reason of the program when compared with the
year preceding that year.
(3) The number of individuals held without bond in
anticipation of prosecution by reason of the program.
(4) To the extent the information is available, the average
length of prison sentence of the individuals convicted of
violations of Federal firearms laws by reason of the program.
(5) The number of multijurisdiction task forces established
and the number of individuals arrested, indicted, convicted
or acquitted of charges for violations of the specific crimes
listed in subsection (b)(2).
(6) The number of individuals suspected of violating a
Federal firearm law for whom charges were not filed and a
statement of why charges were not filed.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out the program under this section $150,000,000 for
each of fiscal years 2023 through 2025, which shall be used
for salaries and expenses of assistant United States
attorneys.
(2) Use of funds for assistant united states attorneys.--
The assistant United States attorneys hired using amounts
authorized to be appropriated under paragraph (1) shall
prosecute violations of Federal firearms laws in accordance
with subsection (b)(2).
SEC. 7. PROSECUTION OF FELONS AND FUGITIVES WHO ATTEMPT TO
ILLEGALLY PURCHASE FIREARMS.
(a) Task Force.--
(1) Establishment.--There is established a task force
within the Department of Justice, which shall be known as the
Felon and Fugitive Firearm Task Force (referred to in this
section as the ``Task Force''), to strengthen the efforts of
the Department of Justice to investigate and prosecute cases
of convicted felons and fugitives from justice who illegally
attempt to purchase a firearm.
(2) Membership.--The members of the Task Force shall be--
(A) the Deputy Attorney General, who shall serve as the
Chairperson of the Task Force;
(B) the Assistant Attorney General for the Criminal
Division;
(C) the Director of the Federal Bureau of Investigation;
and
(D) such other officers or employees of the Department of
Justice as the Attorney General may designate.
(3) Duties.--The Task Force shall--
(A) provide direction for the investigation and prosecution
of cases of convicted felons and fugitives from justice
attempting to illegally purchase a firearm; and
(B) provide recommendations to the Attorney General
relating to--
[[Page S3088]]
(i) the allocation and reallocation of resources of the
Department of Justice for investigation and prosecution of
cases of convicted felons and fugitives from justice
attempting to illegally purchase a firearm;
(ii) enhancing cooperation among agencies and entities of
the Federal Government in the investigation and prosecution
of cases of convicted felons and fugitives from justice
attempting to illegally purchase a firearm;
(iii) enhancing cooperation among Federal, State, and local
authorities responsible for the investigation and prosecution
of cases of convicted felons and fugitives from justice
attempting to illegally purchase a firearm; and
(iv) changes in rules, regulations, or policy to improve
the effective investigation and prosecution of cases of
convicted felons and fugitives from justice attempting to
illegally purchase a firearm.
(4) Meetings.--The Task Force shall meet not less than once
a year.
(5) Termination.--The Task Force shall terminate on the
date that is 5 years after the date of enactment of this Act.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $30,000,000 for
each of fiscal years 2023 through 2027.
SEC. 8. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF
JUSTICE.
The Department of Justice, and any of the law enforcement
coordinate agencies of the Department of Justice, shall not
conduct any operation where a Federal firearms licensee is
directed, instructed, enticed, or otherwise encouraged by the
Department of Justice to sell a firearm to an individual if
the Department of Justice, or a coordinate agency, knows or
has reasonable cause to believe that such an individual is
purchasing on behalf of another for an illegal purpose unless
the Attorney General, the Deputy Attorney General, or the
Assistant Attorney General for the Criminal Division
personally reviews and approves the operation, in writing,
and determines that the agency has prepared an operational
plan that includes sufficient safeguards to prevent firearms
from being transferred to third parties without law
enforcement taking reasonable steps to lawfully interdict
those firearms.
SEC. 9. STRAW PURCHASING OF FIREARMS.
(a) 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 `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g).
``(b) Offense.--It shall be unlawful for any person to--
``(1) purchase or otherwise obtain a firearm, which has
been shipped, transported, or received in interstate or
foreign commerce, for or on behalf of any other person who
the person purchasing or otherwise obtaining the firearm
knows--
``(A) is prohibited from possessing or receiving a firearm
under subsection (g) or (n) of section 922;
``(B) intends to use, carry, possess, or sell or otherwise
dispose of the firearm in furtherance of a crime of violence,
a drug trafficking crime, or a Federal crime of terrorism;
``(C) intends to engage in conduct that would constitute a
crime of violence, a drug trafficking crime, or a Federal
crime of terrorism if the conduct had occurred within the
United States; or
``(D) is not a resident of any State and is not a citizen
or lawful permanent resident of the United States; or
``(2) willfully procure another to engage in conduct
described in paragraph (1).
``(c) Penalty.--Any person who violates subsection (b)
shall be fined under this title, imprisoned not more than 15
years, or both.
``Sec. 933. Trafficking in firearms
``(a) Definitions.--For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g).
``(b) Offense.--It shall be unlawful for any person to--
``(1) ship, transport, transfer, or otherwise dispose of
two or more firearms to another person in or otherwise
affecting interstate or foreign commerce, if the transferor
knows that the use, carrying, or possession of a firearm by
the transferee would violate subsection (g) or (n) of section
922, or constitute a crime of violence, a drug trafficking
crime, or a Federal crime of terrorism;
``(2) receive from another person two or more firearms in
or otherwise affecting interstate or foreign commerce, if the
recipient--
``(A) knows that such receipt would violate subsection (g)
or (n) of section 922; or
``(B) intends to use the firearm in furtherance of a crime
of violence, a drug trafficking crime, or a Federal crime of
terrorism; or
``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(c) Penalties.--
``(1) In general.--Any person who violates subsection (b)
shall be fined under this title, imprisoned not more than 15
years, or both.
``(2) Organizer.--If a violation of subsection (b) is
committed by a person acting in concert with other persons as
an organizer, leader, supervisor, or manager, the person
shall be fined under this title, imprisoned not more than 20
years, or both.
``(d) Rule of Construction.--Nothing in section 922 or 932
shall be construed to--
``(1) prohibit a person who is eligible to receive and
possess firearms from purchasing a firearm for another person
who is eligible to receive and possess firearms; or
``(2) prohibit or limit purchases or transfers of legally
manufactured firearms between individuals who are not
prohibited from possessing or receiving a firearm under
subsection (g) or (n) of section 922.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 44 of title 18, United States Code, is
amended by inserting after the item relating to section 931
the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.''.
(c) Directive to the Sentencing Commission.--Pursuant to
its authority under section 994 of title 28, United States
Code, and in accordance with this section, 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 firearms 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 firearms trafficking 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. 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.
SEC. 10. INCREASED PENALTIES FOR LYING AND BUYING.
Section 924(a)(1) of title 18, United States Code, is
amended in the undesignated matter following subparagraph (D)
by striking ``five years'' and inserting the following: ``5
years (or, in the case of a violation under subparagraph (A),
not more than 10 years)''.
SEC. 11. 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), (g), or
(n) of section 922 shall be fined under this title,
imprisoned not more than 15 years, or both.''.
SEC. 12. 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 that
such firearm or ammunition will be used to commit a crime of
violence (as defined in subsection (c)(3)), a drug
trafficking crime (as defined in subsection (c)(2)), a
Federal crime of terrorism (as defined in section 2332b(g)),
or a crime under the Arms Export Control Act (22 U.S.C. 2751
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 imprisoned
not more than 15 years, fined in accordance with this title,
or both.''.
SEC. 13. 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, with intent to engage in or promote
conduct that--
``(A) is 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;
``(B) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802);
``(C) constitutes a crime of violence (as defined in
subsection (c)(3)); or
``(D) constitutes a Federal crime of terrorism (as defined
in section 2332b(g)),
smuggles or knowingly brings into the United States, a
firearm or ammunition, or attempts or conspires to do so,
shall be imprisoned not more than 15 years, fined under this
title, or both.
``(2) A person who, with intent to engage in or to promote
conduct that--
``(A) would be 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, if the conduct had occurred within the United
States; or
``(B) would constitute a crime of violence (as defined in
subsection (c)(3)) or a Federal crime of terrorism (as
defined in section
[[Page S3089]]
2332b(g)) for which the person may be prosecuted in a court
of the United States, if the conduct had occurred within the
United States,
smuggles or knowingly takes out of the United States, a
firearm or ammunition, or attempts or conspires to do so,
shall be imprisoned not more than 15 years, fined under this
title, or both.''.
SEC. 14. MULTIPLE SALES REPORTS FOR RIFLES AND SHOTGUNS.
Section 923(g)(5) of title 18, United States Code, is
amended by adding at the end the following:
``(C) The Attorney General may not require a licensee to
submit ongoing or periodic reporting of the sale or other
disposition of 2 or more rifles or shotguns during a
specified period of time.''.
SEC. 15. STUDY BY THE NATIONAL INSTITUTES OF JUSTICE AND
NATIONAL ACADEMY OF SCIENCES ON THE CAUSES OF
MASS SHOOTINGS.
(a) In General.--
(1) Study.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall instruct
the Director of the National Institutes of Justice, to
conduct a peer-reviewed study to examine various sources and
causes of mass shootings including psychological factors, the
impact of violent video games, and other factors. The
Director shall enter into a contract with the National
Academy of Sciences to conduct this study jointly with an
independent panel of 5 experts appointed by the Academy.
(2) Report.--Not later than 1 year after the date on which
the study required under paragraph (1) begins, the Directors
shall submit to Congress a report detailing the findings of
the study.
(b) Issues Examined.--The study conducted under subsection
(a)(1) shall examine--
(1) mental illness;
(2) the availability of mental health and other resources
and strategies to help families detect and counter tendencies
toward violence;
(3) the availability of mental health and other resources
at schools to help detect and counter tendencies of students
towards violence;
(4) the extent to which perpetrators of mass shootings,
either alleged, convicted, deceased, or otherwise, played
violent or adult-themed video games and whether the
perpetrators of mass shootings discussed, planned, or used
violent or adult-themed video games in preparation of or to
assist in carrying out their violent actions;
(5) familial relationships, including the level of
involvement and awareness of parents;
(6) exposure to bullying; and
(7) the extent to which perpetrators of mass shootings were
acting in a ``copycat'' manner based upon previous violent
events.
SEC. 16. REPORTS TO CONGRESS REGARDING AMMUNITION PURCHASES
BY FEDERAL AGENCIES.
Not later than 1 year after the date of enactment of this
Act, the Director of the Office of Management and Budget,
shall report to the Speaker of the House of Representatives,
the President pro tempore of the Senate, and the Chairmen and
Ranking Members of the House and Senate Committees on
Appropriations and the Committees on the Judiciary, the House
Committee on Homeland Security, the Senate Committee on
Homeland Security and Governmental Affairs, and the House
Committee on Oversight and Reform, a report including--
(1) details of all purchases of ammunition by each Federal
agency;
(2) a summary of all purchases, solicitations, and
expenditures on ammunition by each Federal agency;
(3) a summary of all the rounds of ammunition expended by
each Federal agency and a current listing of stockpiled
ammunition for each Federal agency; and
(4) an estimate of future ammunition needs and purchases
for each Federal agency for the next fiscal year.
SEC. 17. FIREARM COMMERCE MODERNIZATION.
(a) Firearms Dispositions.--Section 922(b)(3) of title 18,
United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``located'' and inserting ``located or temporarily located'';
and
(2) in subparagraph (A)--
(A) by striking ``rifle or shotgun'' and inserting
``firearm'';
(B) by striking ``located'' and inserting ``located or
temporarily located''; and
(C) by striking ``both such States'' and inserting ``the
State in which the transfer is conducted and the State of
residence of the transferee''.
(b) Dealer Location.--Section 923 of title 18, United
States Code, is amended--
(1) in subsection (j)--
(A) in the first sentence, by striking ``, and such
location is in the State which is specified on the license'';
and
(B) in the last sentence--
(i) by inserting ``transfer,'' after ``sell,''; and
(ii) by striking ``Act,'' and all that follows and
inserting ``Act.''; and
(2) by adding at the end the following:
``(m) Nothing in this chapter shall be construed to
prohibit the sale, transfer, delivery, or other disposition
of a firearm or ammunition--
``(1) by a person licensed under this chapter to another
person so licensed, at any location in any State; or
``(2) by a licensed importer, licensed manufacturer, or
licensed dealer to a person not licensed under this chapter,
at a temporary location described in subsection (j) in any
State.''.
(c) Residence of United States Officers.--Section 921 of
title 18, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b) For purposes of this chapter:
``(1) A member of the Armed Forces on active duty, or a
spouse of such a member, is a resident of--
``(A) the State in which the member or spouse maintains
legal residence;
``(B) the State in which the permanent duty station of the
member is located; and
``(C) the State in which the member maintains a place of
abode from which the member commutes each day to the
permanent duty station of the member.
``(2) An officer or employee of the United States (other
than a member of the Armed Forces) who is stationed outside
the United States for a period of more than 1 year, and a
spouse of such an officer or employee, is a resident of the
State in which the person maintains legal residence.''.
SEC. 18. FIREARM DEALER ACCESS TO LAW ENFORCEMENT
INFORMATION.
(a) In General.--Section 103(b) of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) 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 the Safe Kids, Safe Schools, Safe Communities
Act of 2022, the Attorney General shall promulgate
regulations allowing licensees to use the national instant
criminal background check system established under this
section for purposes of conducting voluntary, no fee
employment background checks on current or prospective
employees.
``(B) Notice.--Before conducting an employment background
check relating to an individual under subparagraph (A), a
licensee shall--
``(i) provide written notice to the individual that the
licensee intends to conduct the background check; and
``(ii) obtain consent to conduct the background check from
the individual 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.''.
(b) Acquisition, Preservation, and Exchange of
Identification Records and Information.--Section 534 of title
28, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) 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
(2) in subsection (b), by inserting ``, except for
dissemination authorized under subsection (a)(5) of this
section'' before the period.
(c) 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.
(d) Statutory Construction; Evidence.--
(1) Statutory construction.--Nothing in this section or the
amendments made by this section shall be construed--
(A) 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
(B) to establish any standard of care.
(2) 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 section or
the amendments made by this section shall not be admissible
as evidence in any proceeding of any court, agency, board, or
other entity.
[[Page S3090]]
SEC. 19. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.
(a) In General.--Section 926A of title 18, United States
Code, is amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or
ammunition
``(a) Definition.--In this section, the term `transport'
includes staying in temporary lodging overnight, stopping for
food, fuel, vehicle maintenance, an emergency, medical
treatment, and any other activity incidental to the
transport.
``(b) Authorization.--Notwithstanding any provision of any
law (including a rule or regulation) of a State or any
political subdivision thereof, a person who is not prohibited
by this chapter from possessing, transporting, shipping, or
receiving a firearm or ammunition shall be entitled to--
``(1) transport a firearm for any lawful purpose from any
place where the person may lawfully possess, carry, or
transport the firearm to any other such place if, during the
transportation--
``(A) the firearm is unloaded; and
``(B)(i) if the transportation is by motor vehicle--
``(I) the firearm is not directly accessible from the
passenger compartment of the motor vehicle; or
``(II) if the motor vehicle is without a compartment
separate from the passenger compartment, the firearm is--
``(aa) in a locked container other than the glove
compartment or console; or
``(bb) secured by a secure gun storage or safety device; or
``(ii) if the transportation is by other means, the firearm
is in a locked container or secured by a secure gun storage
or safety device; and
``(2) transport ammunition for any lawful purpose from any
place where the person may lawfully possess, carry, or
transport the ammunition, to any other such place if, during
the transportation--
``(A) the ammunition is not loaded into a firearm; and
``(B)(i) if the transportation is by motor vehicle--
``(I) the ammunition is not directly accessible from the
passenger compartment of the motor vehicle; or
``(II) if the motor vehicle is without a compartment
separate from the passenger compartment, the ammunition is in
a locked container other than the glove compartment or
console; or
``(ii) if the transportation is by other means, the
ammunition is in a locked container.
``(c) State Law.--
``(1) Arrest authority.--A person who is transporting a
firearm or ammunition may not be--
``(A) arrested for violation of any law or any rule or
regulation of a State, or any political subdivision thereof,
relating to the possession, transportation, or carrying of
firearms or ammunition, unless there is probable cause to
believe that the transportation is not in accordance with
subsection (b); or
``(B) detained for violation of any law or any rule or
regulation of a State, or any political subdivision thereof,
relating to the possession, transportation, or carrying of
firearms or ammunition, unless there is reasonable suspicion
that the transportation is not in accordance with subsection
(b).
``(2) Prosecution.--
``(A) Burden of proof.--If a person asserts this section as
a defense in a criminal proceeding, the government shall bear
the burden of proving, beyond a reasonable doubt, that the
conduct of the person was not in accordance with subsection
(b).
``(B) Prevailing defendant.--If a person successfully
asserts this section as a defense in a criminal proceeding,
the court shall award the prevailing defendant reasonable
attorney's fees.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 44 of title 18, United States Code, is
amended by striking the item relating to section 926A and
inserting the following:
``926A. Interstate transportation of firearms or ammunition.''.
SEC. 20. PREVENTING DUPLICATIVE GRANTS.
Section 1701 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by
adding at the end the following:
``(n) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this part, the Attorney General
shall compare potential grant awards with grants awarded
under part A or T to determine if duplicate grant awards are
awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that includes--
``(A) a list of all duplicate grants awarded, including the
total dollar amount of any duplicate grants awarded; and
``(B) the reason the Attorney General awarded the duplicate
grants.''.
SEC. 21. PROJECT SENTRY AUTHORIZATION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Attorney General, out
of any money in the Treasury not otherwise appropriated,
$9,000,000 to support Project Sentry, a Federal-State law
enforcement partnership to--
(1) identify and prosecute juveniles who violate State and
Federal firearms laws and the adults who supply the juveniles
with firearms; and
(2) hire an attorney for each United States attorney who
will focus on firearm crimes involving or affecting
juveniles, including school-related violence and trafficking
firearms to minors.
(b) Additional Appropriations.--Of amounts made available
under section 31 of this Act, $20,000,000 shall be made
available to Project Sentry described in subsection (a) to
establish safe school task forces across the United States
that will--
(1) prosecute and supervise juveniles who carry or use
firearms illegally; and
(2) prosecute adults who illegally furnish firearms to the
juveniles described in paragraph (1).
(c) Emergency Designation.--
(1) In general.--The amounts provided under this section
are designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(2) Designation in the senate and the house.--This section
is designated as an emergency requirement pursuant to
subsections (a) and (b) of section 4001 of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022.
SEC. 22. PROJECT CHILD SAFE AUTHORIZATION.
(a) In General.--There is appropriated to the Attorney
General $75,000,000 for Child Safe, a program that will
provide funds to ensure child-safety locks are available for
every handgun in the United States.
(b) Grants.--
(1) In general.--Of the amounts made available under
subsection (a)--
(A) $65,000,000 shall be used by the Assistant Attorney
General of the Office of Justice Programs to award grants to
State and local governments and private organizations to
provide locks for handguns in the United States, to be
distributed by local municipalities or private organizations;
and
(B) $10,000,000 shall be used on administrative costs and
advertising, including a national toll-free hotline to make
sure all parents are aware of the program described in that
subsection.
(2) Matching requirement.--
(A) In general.--An entity receiving a grant under this
section shall provide non-Federal matching funds equal to not
less than 100 percent of the amount of the grant.
(B) In-kind support.--Matching funds may include in-kind
support.
(c) Emergency Designation.--
(1) In general.--The amounts provided under this section
are designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(2) Designation in the senate and the house.--This section
is designated as an emergency requirement pursuant to
subsections (a) and (b) of section 4001 of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022.
SEC. 23. NONPROFIT SECURITY GRANT PROGRAM.
Section 2009 of the Homeland Security Act of 2002 (6 U.S.C.
609a) is amended--
(1) in subsection (e), by striking ``2020 through 2024''
and inserting ``2023 through 2030'';
(2) by redesignating subsection (f) as subsection (i);
(3) by inserting after subsection (e) the following:
``(f) Feedback.--
``(1) In general.--If the Administrator denies an
application for a grant under this section, not later than
120 days after the date of the denial, the Administrator
shall--
``(A) notify the applicant; and
``(B) provide an explanation for the denial.
``(2) Explanation.--An explanation described in paragraph
(1)(B) shall include information identifying the reason for
the denial of the application, including--
``(A) any factors that led to a lower score or rank
compared to other applicants; and
``(B) an identification of any deficiencies in the
application.
``(g) Administrative Costs and Technical Assistance.--A
State through which the Administrator makes a grant to an
eligible nonprofit organization under this section shall
receive a 5 percent increase in the amount of the grant--
``(1) for administrative costs; and
``(2) to provide technical assistance to the eligible
nonprofit organization.
``(h) Application Update and Improvements.--
``(1) Public meeting.--Not later than 90 days after the
date of enactment of the Safe Kids, Safe Schools, Safe
Communities Act of 2022, the Administrator shall hold a
public meeting to solicit recommendations on updating the
application process for a grant under this section.
``(2) Report.--Not later than 180 days after the date of
enactment of the Safe Kids, Safe Schools, Safe Communities
Act of 2022, the Administrator shall--
``(A) develop recommendations to modernize and update the
application process for a grant under this section, which
shall include considerations for--
``(i) establishing a more streamlined application process;
``(ii) establishing greater uniformity in the application
process among all applicants and the guidance provided to
States through
[[Page S3091]]
which the Administrator makes grants to eligible nonprofit
organizations under this section;
``(iii) ensuring that the application template is
compatible with the latest or most widely used version of
software programs; and
``(iv) coordinating with the Administrator of General
Services to ensure that applications submitted under this
section are compatible across online platforms of the Federal
Government; and
``(B) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
that includes--
``(i) the recommendations developed under subparagraph (A);
and
``(ii) a description of whether the recommendations
developed under subparagraph (A) are consistent with feedback
received at the public meeting required under paragraph (1).
``(3) Implementation of recommendations.--Not later than
270 days after the date of enactment of the Safe Kids, Safe
Schools, Safe Communities Act of 2022, the Administrator
shall implement the recommendations developed under paragraph
(2)(A).
``(4) Paperwork reduction act waiver.--For the purpose of
meeting the deadlines established under this subsection, the
Secretary may waive the application of subchapter I of
chapter 35 of title 44, United States Code, to the
requirements of this subsection.''; and
(4) in subsection (i), as so redesignated--
(A) in paragraph (1), by striking ``$75 million for each of
fiscal years 2020 through 2024'' and inserting ``$540,000,000
for each of fiscal years 2023 through 2030'';
(B) by striking paragraph (2); and
(C) by adding at the end the following:
``(2) High-risk urban areas.--Of the amounts made available
to carry out this section for each of fiscal years 2023
through 2030, not less than 0.35 percent shall be for grants
to eligible recipients located in each high-risk urban area
receiving grants under section 2003.
``(3) Salaries and expenses.--Of the amounts made available
to carry out this section in any fiscal year, the
Administrator may transfer to another account of the Federal
Emergency Management Agency not more than 3 percent for
salaries and administrative expenses, including any necessary
expenses to provide feedback or technical assistance to
applicants for a grant under this section in accordance with
subsection (g).''.
SEC. 24. LUKE AND ALEX SCHOOL SAFETY ACT.
(a) In General.--
(1) Amendment.--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 BEST
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 Best Practices (in
this section referred to as the `Clearinghouse') within the
Department.
``(2) Purpose.--The Clearinghouse shall be the primary
resource of the Federal Government to identify and publish
online through SchoolSafety.gov, or any successor website,
the best practices and recommendations for 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 best practices and
recommendations for the Clearinghouse, the Secretary may
consult with appropriate Federal, State, local, Tribal,
private sector, and nongovernmental organizations.
``(2) Criteria for best practices and recommendations.--The
best practices and recommendations of the Clearinghouse
shall, at a minimum--
``(A) involve comprehensive school safety measures,
including threat prevention, preparedness, protection,
mitigation, incident response, and recovery to improve the
safety posture of a school upon implementation;
``(B) include any evidence or research rationale supporting
the determination of the Clearinghouse that the best 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 best 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 best practices and
recommendations to improve the safety posture of a school
upon implementation; and
``(C) include information on Federal grant programs for
which implementation of each best practice or recommendation
is an eligible use for the program.
``(3) Past commission recommendations.--To the greatest
extent practicable, the Clearinghouse shall present, as
appropriate, 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 best 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,
best practices, and recommendations identified by the
Clearinghouse; and
``(C) any evaluations conducted on implementation of the
best 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 best
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, to--
``(i) provide feedback on the implementation of best
practices and recommendations of the Clearinghouse; and
``(ii) propose additional recommendations for best
practices for inclusion in the Clearinghouse.
``(e) Parental Assistance.--The Clearinghouse shall produce
materials to assist parents and legal guardians of students
with identifying relevant Clearinghouse resources related to
supporting the implementation of Clearinghouse best practices
and recommendations.''.
(2) 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 inserting after the item
relating to section 2220C the following:
``Sec. 2220D. Federal Clearinghouse on School Safety Best Practices.''.
(b) Notification of Clearinghouse.--
(1) Notification by the secretary of education.--The
Secretary of Education shall provide written notification of
the publication of the Federal Clearinghouse on School Safety
Best Practices (referred to in this subsection and subsection
(c) as the ``Clearinghouse''), as required to be established
under section 2220D of the Homeland Security Act of 2002, as
added by subsection (a) of this section, to--
(A) every State and local educational agency; and
(B) other Department of Education partners in the
implementation of the best practices and recommendations of
the Clearinghouse, as determined appropriate by the Secretary
of Education.
(2) 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 subsection (a) of
this section, to--
(A) every State homeland security advisor;
(B) every State department of homeland security; and
(C) other Department of Homeland Security partners in the
implementation of the best practices and recommendations of
the Clearinghouse, as determined appropriate by the Secretary
of Homeland Security.
(3) 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
subsection (a) of this section, to--
(A) every State department of public health; and
(B) other Department of Health and Human Services partners
in the implementation of the best practices and
recommendations of the Clearinghouse, as determined
appropriate by the Secretary of Health and Human Services.
[[Page S3092]]
(4) Notification by the attorney general.--The Attorney
General shall provide written notification of the publication
of the Clearinghouse, as required to be established under
section 2220D of the Homeland Security Act of 2002, as added
by subsection (a) of this section, to--
(A) every State department of justice; and
(B) other Department of Justice partners in the
implementation of the best practices and recommendations of
the Clearinghouse, as determined appropriate by the Attorney
General.
(c) Grant Program Review.--
(1) Federal grants and resources.--The Secretary of
Education, the Secretary of Homeland Security, the Secretary
of Health and Human Services, and the Attorney General shall
each--
(A) review grant programs administered by their respective
agency and identify any grant program that may be used to
implement best practices and recommendations of the
Clearinghouse;
(B) identify any best 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 best
practice or recommendation as applicable to the agency; and
(C) periodically report any findings under subparagraph (B)
to the appropriate committees of Congress.
(2) State grants and resources.--The Clearinghouse shall,
to the extent practicable, identify, for each State--
(A) each agency responsible for school safety in the State,
or any State that does not have such an agency designated;
(B) any grant program that may be used for the purposes of
implementing best practices and recommendations of the
Clearinghouse; and
(C) any resources other than grant programs that may be
used to assist in implementation of best practices and
recommendations of the Clearinghouse.
(d) Rules of Construction.--
(1) Waiver of requirements.--Nothing in this section or the
amendments made by this section shall be construed to create,
satisfy, or waive any requirement under--
(A) title II of the Americans With Disabilities Act of 1990
(42 U.S.C. 12131 et seq.);
(B) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(C) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.);
(D) title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.); or
(E) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
(2) Prohibition on federally developed, mandated, or
endorsed curriculum.--Nothing in this section or the
amendments made by this section 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)).
SEC. 25. REAUTHORIZATION AND EXPANSION OF THE NATIONAL THREAT
ASSESSMENT CENTER OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--Chapter 203 of title 18, United States
Code, is amended by inserting after section 3056A the
following:
``Sec. 3056B. Functions of the National Threat Assessment
Center of the United States Secret Service
``(a) In General.--There is established a National Threat
Assessment Center (in this section referred to as the
`Center'), to be operated by the United States Secret
Service, at the direction of the Secretary of Homeland
Security.
``(b) Functions.--The functions of the Center shall include
the following:
``(1) Training in the area of best practices on threat
assessment.
``(2) Consultation on complex threat assessment cases or
programs.
``(3) Research on threat assessment and the prevention of
targeted violence, consistent with evidence-based standards
and existing laws and regulations.
``(4) Facilitation of information sharing on threat
assessment and the prevention of targeted violence among
agencies with protective or public safety responsibilities,
as well as other public or private entities.
``(5) Development of evidence-based programs to promote the
standardization of Federal, State, and local threat
assessments, best practices in investigations involving
threats, and the prevention of targeted violence.
``(c) Safe School Initiative.--In carrying out the
functions described in subsection (b), the Center shall
establish a national program on targeted school violence
prevention, focusing on the following activities:
``(1) Research.--The Center shall--
``(A) conduct research into targeted school violence and
evidence-based practices in targeted school violence
prevention, including school threat assessment; and
``(B) publish the findings of the Center on the public
website of the United States Secret Service.
``(2) Training.--
``(A) In general.--The Center shall develop and offer
training courses on targeted school violence prevention to
agencies with protective or public safety responsibilities
and other public or private entities, including local
educational agencies.
``(B) Plan.--Not later than 1 year after the date of
enactment of this section, the Center shall establish a plan
to offer its training and other educational resources to
public or private entities within each State.
``(3) Coordination with other federal agencies.--The Center
shall develop research and training programs under this
section in coordination with the Department of Justice, the
Department of Education, and the Department of Health and
Human Services.
``(4) Consultation with entities outside the federal
government.--The Center is authorized to consult with State
and local educational, law enforcement, and mental health
officials and private entities in the development of research
and training programs under this section.
``(5) Interactive website.--The Center may create an
interactive website to disseminate information and data on
evidence-based practices in targeted school violence
prevention.
``(d) Hiring of Additional Personnel.--The Director of the
United States Secret Service may hire additional personnel to
comply with the requirements of this section, which, if the
Director exercises that authority, shall include--
``(1) at least 1 employee with expertise in child
psychological development; and
``(2) at least 1 employee with expertise in school threat
assessment.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the functions of
the Center $10,000,000 for each of fiscal years 2023 through
2026.
``(f) Report to Congress.--Not later than 2 years after the
date of enactment of this section, the Director of the Secret
Service shall submit to the Committee on the Judiciary and
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on the Judiciary and the
Committee on Education and Labor of the House of
Representatives a report on actions taken by the United
States Secret Service to implement provisions of this
section, which shall include--
``(1) the number of employees hired (on a full-time
equivalent basis);
``(2) the number of individuals in each State trained in
threat assessment;
``(3) the number of school districts in each State trained
in school threat assessment or targeted school violence
prevention;
``(4) information on Federal, State, and local agencies
trained or otherwise assisted by the Center;
``(5) a formal evaluation indicating whether the training
and other assistance provided by the Center is effective;
``(6) a formal evaluation indicating whether the training
and other assistance provided by the Center was implemented
by the school;
``(7) a summary of the Center's research activities and
findings; and
``(8) a strategic plan for disseminating the Center's
educational and training resources to each State.
``(g) Definitions.--In this section--
``(1) the term `evidence-based' means--
``(A) strong evidence from at least 1 well-designed and
well-implemented experimental study;
``(B) moderate evidence from at least 1 well-designed and
well-implemented quasi-experimental study; or
``(C) promising evidence from at least 1 well-designed and
well-implemented correlational study with statistical
controls for selection bias;
``(2) the term `local educational agency' has the meaning
given that term under section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801); and
``(3) the term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(h) No Funds To Provide Firearms Training.--None of the
funds authorized to be appropriated under this section may be
used to train any person in the use of a firearm.
``(i) No Effect on Other Laws.--Nothing in this section may
be construed to preclude or contradict any other provision of
law authorizing training in the use of firearms.''.
(b) Technical and Conforming Amendments.--
(1) Section 4 of the Presidential Threat Protection Act of
2000 (18 U.S.C. 3056 note) is repealed.
(2) The table of sections for chapter 203 of title 18,
United States Code, is amended by inserting after the item
relating to section 3056A the following:
``3056B. Functions of the National Threat Assessment Center of the
United States Secret Service.''.
SEC. 26. STOP GUN CRIMINALS.
(a) Amendments to the Armed Career Criminal Act.--Section
924 of title 18, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``violates subsection'' and inserting the
following: ``violates--
``(A) subsection'';
(B) in subparagraph (A), as so designated, by striking
``(g)'';
(C) by striking the period at the end and inserting ``; or'
'' and
(D) by adding at the end the following:
``(B) section 922(g) shall be--
``(i) fined as provided in this title; and
``(ii) except as provided in subsection (e) of this
section, imprisoned not less than 5 years and not more than
10 years.'';
(2) in subsection (c)(1)(A)--
[[Page S3093]]
(A) in clause (i), by striking ``5 years'' and inserting
``7 years'';
(B) in clause (ii), by striking ``7 years'' and inserting
``10 years''; and
(C) in clause (iii), by striking ``10 years'' and inserting
``15 years''; and
(3) by striking subsection (e) and inserting the following:
``(e)(1) Whoever knowingly violates section 922(g) and has
3 or more previous serious felony convictions for offenses
committed on occasions different from one another shall be
fined under this title and imprisoned not less than 15 years
and not more than 30 years, and, notwithstanding any other
provision of law, the court shall not suspend the sentence
of, or grant a probationary sentence to, such person with
respect to the conviction under section 922(g).
``(2) In this subsection--
``(A) the term `offense punishable by imprisonment for a
statutory maximum term of not less than 10 years' includes an
offense (without regard to the application of any sentencing
guideline, statutory criterion, or judgment that may provide
for a shorter period of imprisonment within the statutory
sentencing range) for which the statute provides for a range
in the period of imprisonment that may be imposed at
sentencing the maximum term of which is not less than 10
years; and
``(B) the term `serious felony conviction' means--
``(i) any conviction by a court referred to in section
922(g)(1) for an offense that, at the time of sentencing, was
an offense punishable by imprisonment for a statutory maximum
term of not less than 10 years; or
``(ii) any group of convictions for which a court referred
to in section 922(g)(1) imposed in the same proceeding or in
consolidated proceedings a total term of imprisonment of not
less than 10 years, regardless of how many years of that
total term the defendant served in custody.''.
(b) Applicability.--
(1) In general.--The amendments made by this section
relating to offenses committed by an individual who has 3 or
more previous serious felony convictions (as defined in
subsection (e) of section 924 of title 18, United States
Code, as amended by this section) shall apply to any offense
committed after the date of enactment of this Act by an
individual who, on the date on which the offense is
committed, has 3 or more previous serious felony convictions.
(2) Rule of construction.--This section and the amendments
made by this section shall not be construed to create any
right to challenge a sentence imposed under subsection (e) of
section 924 of title 18, United States Code.
SEC. 27. AMENDMENTS TO ENHANCE CERTAIN PENALTIES.
Section 924 of title 18, United States Code, is amended--
(1) by striking subsection (i) and inserting the following:
``(1)(A) A person who knowingly violates section 922(u), or
attempts to do so, shall be fined under this title,
imprisoned not more than 20 years, or both.
``(B) In the case of a violation described in subparagraph
(A) that occurs during the commission of--
``(i) a burglary, the term of imprisonment shall be not
less than 3 years; or
``(ii) a robbery, the term of imprisonment shall be not
less than 5 years.
``(2) In this subsection--
``(A) the term `burglary' means the unlawful entry into, or
remaining in, the business premises of a licensed importer,
licensed manufacturer, or licensed dealer with the intent to
commit a crime; and
``(B) the term `robbery' has the meaning given the term in
section 1951(b).''; and
(2) in subsection (m), by inserting ``or attempts to do
so,'' after ``or licensed collector,''.
SEC. 28. SECURING SCHOOLS.
(a) In General.--
(1) Appropriation.--There are authorized to be
appropriated, and there are appropriated, to the Secretary of
Education to carry out subpart 1 of part A of title IV of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7111), $2,560,000,000 for fiscal years 2023 to 2032.
(2) School security.--The Secretary of Education shall use
50 percent of the funds appropriated under paragraph (1) to
carry out clause (v) of section 4104(b)(3)(B) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7114(b)(3)(B)).
(b) Elementary and Secondary Education Act of 1965.--
Section 4104 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7114) is amended in subsection (b)(3)(B)--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by inserting after clause (iv) the following:
``(v) improving school conditions for student learning, by
enabling local educational agencies to use funds available
under subsection (a)(3) for the purpose of planning and
designing school buildings and facilities, installing
infrastructure, and implementing technology or other
measures, that strengthen security on school premises, which
may include--
``(I) controlling access to school premises or facilities,
through the use of metal detectors, or other measures, or
technology, with evidence-based effectiveness (to the extent
the State involved determines that such evidence is
reasonably available), which may include--
``(aa) secured campus external gate or locked doors or
check-in points;
``(bb) active shooter alert systems;
``(cc) access control;
``(dd) internal door locks;
``(ee) peepholes for classroom doors;
``(ff) school site alarm and protection systems;
``(gg) metal detectors or x-ray machines (including
portable);
``(hh) door locking mechanisms and access control doors;
``(ii) increased lighting on school grounds;
``(jj) emergency call boxes;
``(kk) two-way radios;
``(ll) emergency alerts;
``(mm) surveillance cameras or systems and infrastructure
(such as poles and wiring);
``(nn) software costs and warranties;
``(oo) fencing and gating; and
``(pp) emergency generators to provide back-up power for
phone systems, critical lighting, and essential outlets;
``(II) implementing any technology or measure, or
installing any infrastructure, to cover and conceal students
within the school during crisis situations;
``(III) implementing technology to provide coordination
with law enforcement and notification to relevant law
enforcement and first responders during such a situation,
which shall include--
``(aa) emergency planning and preparation;
``(bb) emphasis on a school safety plan with buy in from
all elements of the school community, including board
members, employees, students, parents, law enforcers,
government and business leaders, the media, and local
residents;
``(cc) school implementation of threat assessment programs;
``(dd) development of district-based mandatory incident
reporting systems;
``(ee) establishment of local school safety advisory groups
(including parents, families, judges, first responders,
health and human service professionals, and mental health
professionals);
``(ff) evidence-based training for school resource
officers, school personnel, and students to prevent student
violence to enable them to recognize and quickly respond to
warning signs;
``(gg) development and operations of anonymous reporting
systems;
``(hh) evidence-based school threat assessment and crisis
intervention teams;
``(ii) programs to facilitate coordination with local law
enforcement;
``(jj) liability and insurance for school districts;
``(kk) trauma-informed training for school staff on
responses to active shooter situations; and
``(ll) community engagement for planning and implementing
safety policies and procedures;
``(IV) implementing any technology or measure, including
hiring school security officers, or installing any
infrastructure, with evidence-based effectiveness (to the
extent the State involved determines that such evidence is
reasonably available) to increase the safety of school
students and staff;
``(V) implementing any technology or measure, or installing
any infrastructure, for school safety reinforcement,
including bullet-resistant doors and windows; and
``(VI) implementing any technology or system that would
reduce the time needed to disseminate official information to
parents regarding the safety of their children during and
immediately following a crisis;''.
SEC. 29. IMPROVING SCHOOL SECURITY THROUGH THE COPS ON THE
BEAT PROGRAM.
Section 1701(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(24) to pay salaries and expenses of school resource
officers at public, charter, and private elementary schools
and secondary schools (as such terms are defined under
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)); and
``(25) to improve physical school security at public,
charter, and private elementary schools and secondary schools
(as such terms are defined under section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) by obtaining security equipment to protect students in
schools and equip law enforcement officers responding to
school security issues and installing physical structure
improvements, including--
``(A) fencing, external gates, door locks, and check-in
points, to establish a secured campus;
``(B) active shooter alert systems;
``(C) access controls;
``(D) internal door locks;
``(E) school site alarm and protection systems;
``(F) metal detector or x-ray machines (including portable
machines);
``(G) ballistic safety equipment for schools and responding
law enforcement officers;
``(H) increased lighting on school grounds;
``(I) emergency call boxes;
``(J) two-way radios;
``(K) emergency alert systems;
``(L) surveillance cameras or systems, including
infrastructure for such systems such as poles and wiring;
[[Page S3094]]
``(M) software costs and warranties; and
``(N) emergency generators to provide back-up power for
phone systems, critical lighting, and essential outlets.''.
SEC. 30. STUDENT MENTAL HEALTH.
(a) Student Access to Mental Health Program Fund.--
(1) Definitions.--In this subsection:
(A) Eligible school.--The term ``eligible school'' means a
school in which the lowest grade at the school is not lower
than grade 6 and the highest grade at the school is not
higher than grade 12.
(B) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(2) Student access to mental health program fund.--
(A) In general.--From the funds made available to carry out
section 2001 of the American Rescue Plan Act of 2021 (20
U.S.C. 3401 note), $10,000,000,000 shall be transferred to
establish the ``Student Access to Mental Health Program
Fund'', to remain available through September 30, 2031. The
Secretary shall use amounts available in such Fund to award
grants to States, from allocations under subparagraph (B), to
enable the States to support the salary of a mental health
professional in eligible schools located in the State.
(B) Allocation.--From the amounts available in the Fund
established under subparagraph (A), the Secretary shall make
an allocation to each State in the same proportion as the
number of eligible schools located in the State.
(C) Partnership.--
(i) In general.--A State awarded a grant under this
subsection shall comply with the following:
(I) The State shall use the grant funds to cover the cost
of the salary, which shall be not more than $55,000, for 10
years for a mental health professional to serve eligible
schools located in the State. Such mental health professional
shall serve not more than 5 eligible schools in any school
year by rotating among the schools for not less than 1 day a
week at each such school.
(II) The State shall expend non-Federal funds to pay for
the other costs of recruitment, training, and benefits for
each such mental health professional, and any other expenses
related to such employment.
(ii) Conditions of grants.--A State awarded a grant under
this subsection shall require that each eligible school
served by the grant--
(I) provide to the parents of any student enrolled in the
school who has not reached age 19 who meets with a mental
health professional employed at the school with all
counseling records and mental health assessments for such
student;
(II) not teach Critical Race Theory or include Critical
Race Theory in any school program; and
(III) not advocate for abortion or abortion services in any
form.
(b) Funds for Programs.--The unobligated balance of funds
made available to carry out sections 2021 and 6002 of the
American Rescue Plan Act of 2021 (Public Law 117-2) shall be
transferred to, and evenly divided among, the following
programs:
(1) Project AWARE State Educational Agency Grant Program
carried out by the Secretary of Health and Human Services.
(2) Student Support and Academic Enrichment Grant Program
carried out by the Secretary of Education.
(3) Community Mental Health Services Block Grant Program
carried out by the Secretary of Health and Human Services.
(4) Children's Mental Health Initiative of the Substance
Abuse and Mental Health Services Administration.
(c) Best Practices.--
(1) ESEA definitions.--In this subsection, the terms
``elementary school'' and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Development and dissemination of best practices .--Not
later than 1 year after the date of enactment of this Act,
the Administrator of the Substance Abuse and Mental Health
Services Administration, the Secretary of Health and Human
Services, and the Secretary of Education shall work in
consultation to--
(A) develop best practices for identifying warning signs of
mental health problems with students and identify warning
signs for teachers and administrator that a student is at
high-risk for violence, specifically for a mass shooting;
(B) develop best practices for identifying warning signs of
mental health problems with children and identify warning
signs for individuals who work at a social service agency
that a child under the age of 18 is at high-risk for
violence, specifically for a mass shooting; and
(C) disseminate the best practices developed under
subparagraphs (A) and (B) to each elementary school and
secondary school in the United States, and publish the best
practices on a publicly accessible website of the Department
of Education and the Substance Abuse and Mental Health
Services Administration.
(d) GAO Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on how many elementary schools
and secondary schools in the United States have a mental
health provider for students, how many students take
advantage of the mental health services, the main causes for
students to access the services.
(2) ESEA definitions.--In this subsection, the terms
``elementary school'' and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 31. AUTHORIZATION AND APPROPRIATIONS OF FUNDS.
The unobligated balance of funds made available to carry
out section 18003 of division B of the CARES Act (Public Law
116-136; 134 Stat. 565), section 313 of the Coronavirus
Response and Relief Supplemental Appropriations Act, 2021
(division M of Public Law 116-260; 134 Stat. 1929), and
section 2001 of the American Rescue Plan Act of 2021 (20
U.S.C. 3401 note) shall be transferred to the Secretary to be
used to carry out this Act in an amount not to exceed
$38,000,000,000.
SEC. 32. NO FEDERAL FUNDING FOR ABORTIONS.
(a) In General.--No funds authorized or appropriated by
this act, and none of the funds in any trust fund to which
funds are authorized or appropriated by this act, shall be
expended for any abortion or counseling that results in
encouraging, facilitating, or referral for an abortion.
(b) Health Benefits Coverage.--No funds authorized or
appropriated by this act, and none of the funds in any trust
fund to which funds are authorized or appropriated this act,
shall be expended for health benefits coverage that includes
coverage of abortion.
(c) Exceptions.--The limitations established in paragraphs
(a) and (b) shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
____________________