[Congressional Record Volume 168, Number 107 (Thursday, June 23, 2022)]
[Senate]
[Pages S3169-S3173]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5122. Mr. LANKFORD (for himself, Mr. Daines, Mr. Marshall, and Mr. 
Lee) 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 make our 
communities safer; which was ordered to lie on the table; as follows:

        On page 18, strike lines 15 through 17, and insert the 
     following:
       (A) a school-based health center, as that term is defined 
     in section 399Z-1(a)(3) of the Public Health Service Act (42 
     U.S.C. 280h-5(a)(3)); and
                                 ______
                                 
  SA 5123. Mr. MARSHALL 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 make our communities safer; which was ordered to lie on the table; 
as follows:

        Strike subtitle A of title III of division A.
                                 ______
                                 
  SA 5124. Mr. MARSHALL 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 make our communities safer; which was ordered to lie on the table; 
as follows:

        At the end of division A, add the following:

            TITLE IV--HOME DEFENSE AND COMPETITIVE SHOOTING

     SEC. 14001. SHORT TITLE.

       This title may be cited as the ``Home Defense and 
     Competitive Shooting Act of 2022''.

     SEC. 14002. SHORT-BARRELED RIFLES.

       (a) In General.--Section 5845(a) of the Internal Revenue 
     Code of 1986 is amended--
       (1) by striking ``(3) a rifle'' and all that follows 
     through ``(5) any other weapon'' and inserting ``(3) any 
     other weapon'', and
       (2) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (4), (5), and (6), respectively.
       (b) Effective Date.--The amendment made by this section 
     shall apply to calendar quarters beginning more than 90 days 
     after the date of the enactment of this Act.

     SEC. 14003. ELIMINATION OF DISPARATE TREATMENT OF SHORT-
                   BARRELED RIFLES USED FOR LAWFUL PURPOSES.

       Section 922 of title 18, United States Code, is amended in 
     each of subsections (a)(4) and (b)(4) by striking ``short-
     barreled shotgun, or short-barreled rifle'' and inserting 
     ``or short-barreled shotgun''.

     SEC. 14004. TREATMENT OF SHORT-BARRELED RIFLES DETERMINED BY 
                   REFERENCE TO NATIONAL FIREARMS ACT.

       Section 5841 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following:
       ``(f) Short-Barreled Rifle Requirements Determined by 
     Reference.--In the case of any short-barreled rifle 
     registration or licensing requirement under State or local 
     law which is determined by reference to the National Firearms 
     Act, any person who acquires or possesses such a rifle in 
     accordance with chapter 44 of title 18, United States Code, 
     shall be treated as meeting any such registration or 
     licensing requirement with respect to such rifle.''.

     SEC. 14005. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO 
                   SHORT-BARRELED RIFLES.

       Section 927 of title 18, United States Code, is amended by 
     adding at the end the following: ``Notwithstanding the 
     preceding sentence, a law of a State or a political 
     subdivision of a State that imposes a tax, other than a 
     generally applicable sales or use tax, on making, 
     transferring, using, possessing, or transporting a short-
     barreled rifle in or affecting interstate or foreign 
     commerce, or imposes a marking, recordkeeping or registration 
     requirement with respect to such a rifle, shall have no force 
     or effect.''.

     SEC. 14006. DESTRUCTION OF RECORDS.

       (a) In General.--Not later than 365 days after the date of 
     the enactment of this Act, the Attorney General shall destroy 
     any registration of an applicable rifle maintained in the 
     National Firearms Registration and Transfer Record pursuant 
     to section 5841 of the Internal Revenue Code of 1986, any 
     application to transfer filed under section 5812 of the 
     Internal Revenue Code of 1986 that identifies the transferee 
     of an applicable rifle, and any application to make filed 
     under section 5822 of the Internal Revenue Code of 1986 that 
     identifies the maker of an applicable rifle.
       (b) Applicable Rifle.--For purposes of this section, the 
     term ``applicable rifle'' means a rifle, or weapon made from 
     a rifle, described in paragraph (3) or (4) of section 5845(a) 
     of such Code (as in effect on the day before the enactment of 
     the Home Defense and Competitive Shooting Act of 2022).
                                 ______
                                 
  SA 5125. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill S. 2938, to make our communities safer; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NONREFUNDABLE TAX CREDIT FOR GUN SAFES AND GUN 
                   SAFETY COURSES.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 25D the following new section:

     ``SEC. 25E. FIREARM SAFETY CREDIT.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--

[[Page S3170]]

       ``(1) the amount paid by the taxpayer for any gun safe that 
     is placed into service by the taxpayer during the taxable 
     year, and
       ``(2) the amount paid by the taxpayer during the taxable 
     year for a concealed carry firearms course or a firearm 
     safety course which--
       ``(A) is taught by a firearms instructor certified by the 
     State to teach such course, or
       ``(B) satisfies the training requirement, if any, for any 
     license or permit related to a firearm (including a hunting 
     license) which is issued under the authority of State law.
       ``(b) Limitations.--
       ``(1) In general.--The amount of the credit allowable to a 
     taxpayer under subsection (a) for any taxable year shall not 
     exceed--
       ``(A) for purposes of the credit allowable under paragraph 
     (1) of such subsection, $100, and
       ``(B) for purposes of the credit allowable under paragraph 
     (2) of such subsection, $100.
       ``(2) Gun safes.--No credit under subsection (a)(1) shall 
     be allowed to any taxpayer if a credit has been allowed under 
     such subsection to the taxpayer for any of the 10 preceding 
     taxable years.
       ``(c) Prohibition on Collection of Information Regarding 
     Firearms.--No taxpayer shall be required, as a condition of 
     the credit allowed under this section, to provide any 
     information with respect to any firearms owned by the 
     taxpayer.''.
       (b) Conforming Amendment.--The table of sections for 
     subpart A of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     the item relating to section 25D the following new item:
``Sec. 25E. Firearm safety credit.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 5126. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill S. 2938, to make our communities safer; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADDITIONAL FUNDS FOR SCHOOL SECURITY.

       (a) In General.--Notwithstanding any other provision of an 
     ESSERF program or any other law, a State or local educational 
     agency that has received funds under an ESSERF program may, 
     in lieu of the original requested or authorized use for such 
     funds, use a portion of, or all, of the unexpended funds to 
     carry out 1 or more school security measures.
       (b) No Federal Interference.--The Secretary of Education 
     shall not--
       (1) prevent or discourage any State or local educational 
     agency from using any ESSERF program funds for school 
     security measures;
       (2) require the use of funds under subsection (a) to be in 
     response to, or in any way connected with, the coronavirus; 
     or
       (3) enforce any requirement of an ESSERF program if such 
     requirement would prevent a State or local educational agency 
     from carrying out a school security measure authorized under 
     subsection (a).
       (c) Definitions.--In this section:
       (1) ESSERF program.--The term ``ESSERF program'' means a 
     program carried out under--
       (A) section 18003 of the CARES Act (20 U.S.C. 3401 note; 
     Public Law 116-136);
       (B) section 313 of division M of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 
     1929); or
       (C) section 2001 of the American Rescue Plan Act of 2021 
     (Public Law 117-2; 135 Stat. 19).
       (2) School security measure.--The term ``school security 
     measure'' means any of the following:
       (A) An evidence-based strategy or program to prevent 
     violence, which may include the use of appropriate 
     technologies, including the placement and use of metal 
     detectors and other deterrent measures and emergency 
     notification and response technologies.
       (B) Training to prevent student violence against others and 
     self, including training for local law enforcement officers, 
     school personnel, and students.
       (C) The development and operation of an anonymous reporting 
     system for threats of school violence, including a mobile 
     telephone application, hotline, or internet website.
       (D) The development and operation of--
       (i) a school threat assessment and intervention team that 
     may include coordination with law enforcement agencies and 
     school personnel; and
       (ii) specialized training for school officials in 
     responding to mental health crises.
       (E) Coordination with local law enforcement agencies.
       (F) A security assessment.
       (G) Security training of personnel and students.
       (H) Acquisition and installation of technology for 
     expedited notification of local law enforcement during an 
     emergency.
       (I) Reinforcing or replacing classroom doors, locks, or 
     window panels.
       (J) Constructing fencing, bollards, planters, curbs, walls, 
     or any other entry control measure to create a single point 
     of entry to the campus.
       (K) Clearing exterior spaces of foliage or structures to 
     eliminate spaces that could conceal illicit activity, provide 
     access to the building above the first floor, or otherwise 
     aid an intruder.
       (L) Installing a system to monitor entryways, hallways, 
     stairwells, and utility rooms, such as physical inspection, a 
     buzz-in system, or surveillance cameras.
       (M) Hiring and paying the salaries of qualified 
     individuals, such as retired law enforcement officers or 
     military veterans, to serve as armed school resource 
     officers.
                                 ______
                                 
  SA 5127. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill S. 2938, to make our communities safer; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS 
                   TRANSMITTAL OF CERTAIN INFORMATION TO THE 
                   DEPARTMENT OF JUSTICE FOR USE BY THE NATIONAL 
                   INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

       (a) In General.--Chapter 55 of title 38, United States 
     Code, is amended by inserting after section 5501A the 
     following new section:

     ``Sec. 5501B. Prohibition on transmittal of certain 
       information to the Department of Justice for use by the 
       national instant criminal background check system

       ``The Secretary may not transmit to any entity in the 
     Department of Justice, for use by the national instant 
     criminal background check system established under section 
     103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 
     40901), personally identifiable information of an individual, 
     solely on the basis of a determination by the Secretary under 
     chapter 11 of this title that the individual has a service-
     connected disability.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by inserting 
     after the item relating to section 5501A the following new 
     item:
       
``5501B. Prohibition on transmittal of certain information to the 
              Department of Justice for use by the national instant 
              criminal background check system.''.
                                 ______
                                 
  SA 5128. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2938, to make our communities safer; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NICS REPORT.

       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 that includes, with respect to the 
     preceding year--
       (1) the demographic data of persons who were determined to 
     be ineligible to purchase a firearm based on a background 
     check performed by the National Instant Criminal Background 
     Check System, including race, ethnicity, national origin, 
     sex, gender, age, disability, average annual income, and 
     English language proficiency, if available; and
       (2) the reasons for the ineligibility determinations 
     described in paragraph (1).
                                 ______
                                 
  SA 5129. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2938, to make our communities safer; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS 
                   ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN 
                   PURPOSES.

       (a) In General.--Chapter 55 of title 38, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 5511. Conditions for treatment of certain persons as 
       adjudicated mentally incompetent for certain purposes

       ``In any case arising out of the administration by the 
     Secretary of laws and benefits under this title, a person who 
     is mentally incapacitated, deemed mentally incompetent, or 
     experiencing an extended loss of consciousness shall not be 
     considered adjudicated as a mental defective under subsection 
     (d)(4) or (g)(4) of section 922 of title 18 without the order 
     or finding of a judge, magistrate, or other judicial 
     authority of competent jurisdiction that such person is a 
     danger to himself or herself or others.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections at the beginning of chapter 55 of title 38, United 
     States Code, is amended by adding at the end the following:

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.
                                 ______
                                 
  SA 5130. Mr. LEE proposed an amendment to the bill S. 4261, to 
suspend duties and other restrictions on the importation of infant 
formula to address the shortage of infant formula in the United States, 
and for other purposes; as follows:
        Strike all after the enacting clause and insert the 
     following:

[[Page S3171]]

  


     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fixing Our Regulatory Mayhem 
     Upsetting Little Americans Act'' or the ``FORMULA Act''.

     SEC. 2. DUTY-FREE TREATMENT OF IMPORTS OF INFANT FORMULA.

       (a) In General.--During the 90-day period beginning on the 
     date of the enactment of this Act, infant formula shall enter 
     the United States free of duty and free of quantitative 
     limitation.
       (b) Infant Formula Defined.--In this section, the term 
     ``infant formula'' has the meaning given that term in section 
     201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321(z)).
                                 ______
                                 
  SA 5131. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill S. 2938, to make our communities safer; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRAINING AND HIRING VETERANS AND FORMER LAW 
                   ENFORCEMENT OFFICERS AS SCHOOL SECURITY 
                   OFFICERS.

       (a) Definitions.--In this section:
       (1) ESSER funds.--The term ``ESSER funds'' means funds 
     provided under--
       (A) section 18003 of the CARES Act (20 U.S.C. 3401 note; 
     Public Law 116-136);
       (B) section 313 of division M of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 
     1929); or
       (C) section 2001 of the American Rescue Plan Act of 2021 
     (Public Law 117-2; 135 Stat. 19).
       (2) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (b) Training and Hiring Veterans and Former Law Enforcement 
     Officers as School Security Officers.--Notwithstanding any 
     other provision of a law relating to ESSER funds or any other 
     law, a State or local educational agency that has received 
     ESSER funds may, in lieu of the original requested, required, 
     or authorized use for such funds, use a portion of, or all, 
     of the unexpended funds to carry out any of the following 
     activities:
       (1) Establish, if necessary, and implement a State 
     certification or licensure program, or other training program 
     required by the State, that--
       (A) is designed to train individuals who are veterans or 
     former law enforcement officers to serve as school security 
     officers; and
       (B) may include firearm or de-escalation training.
       (2) Hire veterans or former law enforcement officers who 
     have completed the State's program described in paragraph (1) 
     to serve as school security officers in elementary schools 
     and secondary schools in the State.
       (c) No Federal Interference.--The Secretary of Education 
     shall not--
       (1) prevent or discourage any State or local educational 
     agency from using any ESSER funds for a school security 
     activity described in subsection (b);
       (2) impose any requirements as to the content or structure 
     of the State certification, licensure, or other training 
     program described in subsection (b)(1);
       (3) require that ESSER funds used to carry out subsection 
     (b) be used to prevent, prepare for, or respond to the 
     coronavirus; or
       (4) enforce any requirement related to ESSER funds if such 
     requirement would prevent a State or local educational agency 
     from carrying out a school security activity described in 
     subsection (b).
                                 ______
                                 
  SA 5132. Mr. GRASSLEY 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 make our communities safer; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

                     TITLE ___--EAGLES ACT OF 2022

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``EAGLES Act of 2022''.

     SEC. ___02. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) On February 14, 2018, 17 individuals lost their lives 
     in a senseless and violent attack on Marjory Stoneman Douglas 
     High School in Parkland Florida, a school whose mascot is the 
     eagle.
       (2) These individuals lived lives of warmth, joy, 
     determination, service, and love, and their loss is mourned 
     by the Nation.
       (3) The shooter in that attack exhibited patterns of 
     behavior that were alarming and that should have alerted law 
     enforcement and other Federal, State, and local officials.
       (4) The attack on Marjory Stoneman Douglas High School was 
     preventable.
       (5) Lives were saved because of the brave and exemplary 
     conduct of many students, teachers, and staff at Marjory 
     Stoneman Douglas High School, including several of the 
     victims of the attack.
       (6) The National Threat Assessment Center (referred to in 
     this title as the ``Center'') was established in 1998 to 
     conduct research on various types of targeted violence.
       (7) Studies conducted by the Center on targeted school 
     violence, in particular, have shown that--
       (A) most incidents were planned in advance;
       (B) the attackers' behavior gave some indication that the 
     individual was planning, or at least contemplating, an 
     attack;
       (C) most attackers had already exhibited a pattern of 
     behavior that was of concern to other people in their lives; 
     and
       (D) prior to the attack, someone associated with the 
     attacker, such as a family member or peer, knew the attack 
     was to likely to occur.
       (8) Through their research, the Center developed the threat 
     assessment model for responding to indicators of targeted 
     violence, which includes a 3-step process--
       (A) identifying individuals who are exhibiting behaviors 
     that indicate they are planning an attack on a school;
       (B) assessing whether the individual poses a threat to the 
     school, based on articulable facts; and
       (C) managing the threat the individual may pose to the 
     school.
       (9) The threat assessment model works most effectively when 
     all the relevant parties, including school officials, local 
     law enforcement, and members of the community, are part of a 
     comprehensive protocol to identify, assess, and manage a 
     potential threat to the school.
       (10) The primary goal of threat assessment programs in 
     schools should be to prevent violent conduct, with an 
     emphasis on early intervention, treatment, and care of 
     individuals exhibiting behaviors associated with targeted 
     violence.
       (11) Early intervention, treatment, and prevention of 
     violent behavior is an effective way to prevent violent 
     conduct that would harm others and necessitate disciplinary 
     action, including criminal penalties.
       (12) The parties involved need the appropriate training and 
     tools to establish the appropriate mechanisms for 
     implementing this type of approach.
       (b) Sense of Congress.--It is the sense of Congress that a 
     fact-based threat assessment approach, involving school 
     officials, local law enforcement, and members of the 
     community, is one of the most effective ways to prevent 
     targeted violence in schools, and is a fitting memorial to 
     those who lost their lives in the February 14, 2018, attack 
     on Marjory Stoneman Douglas High School and those who 
     heroically acted to preserve the lives of their friends, 
     students, and colleagues.

     SEC. ___03. 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

[[Page S3172]]

     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 2022 through 
     2025.
       ``(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. ___04. RULES OF CONSTRUCTION.

       (a) Waiver of Requirements.--Nothing in this title or the 
     amendments made by this title 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 title or the amendments 
     made by this title 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)).
                                 ______
                                 
  SA 5133. Ms. STABENOW proposed an amendment to the bill S. 2089, to 
amend the Families First Coronavirus Response Act to extend child 
nutrition waiver authority, and for other purposes; as follows:

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Keep Kids Fed Act of 2022''.

     SEC. 2. SUPPORT FOR CHILD NUTRITION PROGRAMS.

       (a) In General.--
       (1) Temporary lunch reimbursement.--Each lunch served under 
     the school lunch program authorized under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
     shall receive additional reimbursement in the amount of 40 
     cents.
       (2) Temporary breakfast reimbursement.--Each breakfast 
     served under the school breakfast program established by 
     section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 
     shall receive additional reimbursement in the amount of 15 
     cents.
       (3) Limitation.--The additional reimbursement amounts 
     authorized under this subsection shall only be available for 
     the school year beginning July 2022.
       (4) Appropriations.--
       (A) In general.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, such sums as are 
     necessary to carry out this subsection.
       (B) Disbursement.--A State agency shall disburse funds made 
     available under subparagraph (A) to school food authorities 
     participating in the school meal programs described in 
     paragraphs (1) and (2).
       (b) Extension of Waivers.--Section 2202 of the Families 
     First Coronavirus Response Act (42 U.S.C. 1760 note; Public 
     Law 116-127) is amended--
       (1) in subsection (a)(1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 
     1760(l))'';
       (B) in subparagraph (A), by striking ``and'' after the 
     semicolon and inserting ``or''; and
       (C) by striking subparagraph (B) and inserting the 
     following:
       ``(B) ensuring continuity of program operation under a 
     qualified program.'';
       (2) in subsection (d)--
       (A) by striking paragraph (2); and
       (B) by striking ``the following:'' in the matter preceding 
     paragraph (1) and all that follows through ``A summary'' in 
     paragraph (1) and inserting ``a summary''; and
       (3) by striking subsection (e) and inserting the following:
       ``(e) Sunset.--
       ``(1) Nationwide waivers.--The authority of the Secretary 
     to establish or grant a waiver under subsection (a) shall 
     expire on September 30, 2022.
       ``(2) Waiver restriction.--After June 30, 2022, a waiver 
     established or granted under subsection (a) shall only apply 
     to schools or summer food service program food service 
     sites--
       ``(A) operating--
       ``(i) the qualified program described in subsection 
     (f)(1)(D); or
       ``(ii) the option described in section 13(a)(8) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1761(a)(8)); and
       ``(B) not operating the qualified program described in 
     subsection (f)(1)(A).
       ``(3) Other waivers.--
       ``(A) Child and adult care food program waiver.--The 
     authority of the Secretary to establish or grant a waiver 
     under subsection (b) shall expire on June 30, 2022.
       ``(B) Meal pattern waiver.--The authority of the Secretary 
     to establish or grant a waiver under subsection (c) shall 
     expire on June 30, 2023.
       ``(4) Limitations.--A waiver authorized by the Secretary 
     under this section shall not be in effect after the date on 
     which the authority of the Secretary to establish or grant 
     that waiver under this subsection expires.''.
       (c) Appropriation.--There are appropriated, out of any 
     funds in the Treasury not otherwise appropriated, such sums 
     as are necessary to provide waivers under section 2202(a) of 
     the Families First Coronavirus Response Act (42 U.S.C. 1760 
     note; Public Law 116-127) that apply--
       (1) only during the months of May through September in 
     2022; and
       (2) to--
       (A) the summer food service program for children under 
     section 13 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1761); or
       (B) the option described in section 13(a)(8) of that Act 
     (42 U.S.C. 1761(a)(8)).
       (d) Nationwide Waiver for School Year 2022-2023.--
       (1) In general.--For purposes of school year 2022-2023, the 
     Secretary of Agriculture may establish waivers under section 
     12(l) of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1760(l))--
       (A) on a nationwide basis; and
       (B) without regard to the requirements under paragraphs 
     (1), (2), and (3) of such section that a State or eligible 
     service provider shall submit an application for a waiver 
     request.
       (2) Sunset.--A nationwide waiver established by the 
     Secretary of Agriculture under section 12(l) of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1760(l)) 
     pursuant to paragraph (1) shall not be in effect after June 
     30, 2023.

     SEC. 3. CHILD AND ADULT CARE FOOD PROGRAM.

       (a) In General.--
       (1) Temporary additional reimbursement for 2022-2023 school 
     year.--Each meal and supplement served under the program 
     authorized by section 17 of the Richard B. Russell National 
     School Lunch Act (42 U.S.C.

[[Page S3173]]

     1766) shall receive additional reimbursement in the amount of 
     10 cents.
       (2) Limitation.--The additional reimbursement amount 
     authorized under paragraph (1) shall only be available for 
     the school year beginning July 2022.
       (b) Tier Determinations for 2022-2023 School Year.--For the 
     school year beginning July 2022, a tier II family or group 
     day care home described in subsection (f)(3)(A)(iii) of 
     section 17 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1766) shall be considered a tier I family or 
     group day care home for purposes of the program authorized 
     under that section.
       (c) Appropriations.--There are appropriated, out of any 
     funds in the Treasury not otherwise appropriated, such sums 
     as are necessary to carry out this section.

     SEC. 4. RESCISSIONS AND SUNSET.

       (a) Rescissions.--
       (1) USDA.--
       (A) Of the unobligated balances from amounts made available 
     to the Department of Agriculture in section 1001(a) of the 
     American Rescue Plan Act of 2021 (7 U.S.C. 7501 note; Public 
     Law 117-2), $1,000,000,000 are hereby permanently rescinded.
       (B) Of the unobligated balances from amounts made available 
     to the Department of Agriculture in section 751 of division N 
     of the Consolidated Appropriations Act, 2021 (Public Law 116-
     260; 134 Stat. 2105), $400,000,000 are hereby permanently 
     rescinded.
       (2) Department of education.--Of the unobligated balances 
     from amounts made available to the Department of Education in 
     section 2003 of title II of the American Rescue Plan Act of 
     2021 (Public Law 117-2; 135 Stat. 23) and allocated to 
     institutions of higher education as defined in section 102(b) 
     of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), 
     $400,000,000 are hereby permanently rescinded.
       (3) SBA.--Of the unobligated balances from amounts made 
     available to the Small Business Administration in section 
     5005 of the American Rescue Plan Act of 2021 (Public Law 117-
     2; 135 Stat. 91) and in section 323(d)(1)(H) of division N of 
     the Consolidated Appropriations Act, 2021 (Public Law 116-
     260; 134 Stat. 2021) to carry out section 324 of such 
     division of such Act (15 U.S.C. 9009a), $1,200,000,000 are 
     hereby permanently rescinded.
       (b) Additional Rescission.--Of the unobligated balances 
     from amounts made available to the Department of Agriculture 
     under the heading ``Agricultural Programs--Office of the 
     Secretary'' in title I of division B of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136; 134 
     Stat. 505), $600,000,000 are hereby permanently rescinded.
       (c) Sunset.--Section 756 of division N of the Consolidated 
     Appropriations Act, 2021 (7 U.S.C. 2254c), is amended by 
     striking ``for fiscal year'' and all that follows through 
     ``thereafter'' and inserting ``for each of fiscal years 2021 
     and 2022''.

     SEC. 5. OPERATIONALLY READY.

       The Secretary of Agriculture shall ensure that technical 
     assistance is made available to States and school food 
     authorities for purposes of assisting parents and school 
     leaders with respect to the transition of operating school 
     meal programs not pursuant to a waiver under section 2(d) or 
     section 2202 of the Families First Coronavirus Response Act 
     (42 U.S.C. 1760 note; Public Law 116-127).
                                 ______
                                 
  SA 5134. Mr. TESTER (for Mr. Murphy) proposed an amendment to the 
bill S. 2938, to make our communities safer; as follows:

       Amend the title so as to read: ``An act to make our 
     communities safer.''.

                          ____________________