[117th Congress Public Law 159]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 1313]]
Public Law 117-159
117th Congress
An Act
To make our communities safer. <<NOTE: June 25, 2022 - [S. 2938]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Bipartisan Safer
Communities Act.>>
SECTION 1. <<NOTE: Florida.>> JOSEPH WOODROW HATCHETT UNITED
STATES COURTHOUSE AND FEDERAL
BUILDING.
(a) Designation.--The United States Courthouse and Federal Building
located at 111 North Adams Street in Tallahassee, Florida, shall be
known and designated as the ``Joseph Woodrow Hatchett United States
Courthouse and Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States
Courthouse and Federal Building referred to in subsection (a) shall be
deemed to be a reference to the ``Joseph Woodrow Hatchett United States
Courthouse and Federal Building''.
SEC. 2. <<NOTE: California.>> LYNN C. WOOLSEY POST OFFICE
BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 120 4th Street in Petaluma, California, shall be known and
designated as the ``Lynn C. Woolsey Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Lynn C.
Woolsey Post Office Building''.
SEC. 3. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 18 USC 1 note.>> Short Title.--This Act may be cited as
the ``Bipartisan Safer Communities Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Joseph Woodrow Hatchett United States Courthouse and Federal
Building.
Sec. 2. Lynn C. Woolsey Post Office Building.
Sec. 3. Short title; table of contents.
DIVISION A--MENTAL HEALTH AND FIREARMS PROVISIONS
TITLE I--CHILDREN AND FAMILY MENTAL HEALTH SERVICES
Sec. 11001. Expansion of community mental health services demonstration
program.
Sec. 11002. Medicaid and telehealth.
Sec. 11003. Supporting access to health care services in schools.
Sec. 11004. Review of State implementation of early and periodic
screening, diagnostic, and treatment services.
Sec. 11005. Pediatric mental health care access grants.
TITLE II--FIREARMS
Sec. 12001. Juvenile records.
[[Page 136 STAT. 1314]]
Sec. 12002. Defining ``engaged in the business''.
Sec. 12003. Use of Byrne grants for implementation of State crisis
intervention programs.
Sec. 12004. Stop Illegal Trafficking in Firearms Act.
Sec. 12005. Misdemeanor crime of domestic violence.
TITLE III--OTHER MATTERS
Subtitle A--Extension of Moratorium
Sec. 13101. Extension of moratorium on implementation of rule relating
to eliminating the anti-kickback statute safe harbor
protection for prescription drug rebates.
Subtitle B--Medicare Improvement Fund
Sec. 13201. Medicare Improvement Fund.
Subtitle C--Luke and Alex School Safety Act of 2022
Sec. 13301. Short title.
Sec. 13302. Federal Clearinghouse on School Safety Evidence-based
Practices.
Sec. 13303. Notification of clearinghouse.
Sec. 13304. Grant program review.
Sec. 13305. Rules of construction.
Subtitle D--Amendment on ESEA Funding
Sec. 13401. Amendment on ESEA funding.
DIVISION B--APPROPRIATIONS
DIVISION A--MENTAL HEALTH AND FIREARMS PROVISIONS
TITLE I--CHILDREN AND FAMILY MENTAL HEALTH SERVICES
SEC. 11001. EXPANSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
Section 223 of the Protecting Access to Medicare Act of 2014 (42
U.S.C. 1396a note) is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(3) <<NOTE: Effective date. Time period.>> Additional
planning grants for states.--In addition to the planning grants
awarded under paragraph (1), as soon as practicable after the
date of enactment of this paragraph, the Secretary shall award
planning grants to States (other than States selected to conduct
demonstration programs under paragraph (1) or (8) of subsection
(d)) to develop proposals to participate in time-limited
demonstration programs described in subsection (d) so that,
beginning July 1, 2024, and every 2 years thereafter, up to 10
additional States may participate in the demonstration programs
described in subsection (d) in accordance with paragraph (9) of
that subsection.'';
(2) in subsection (d)--
(A) in paragraph (3)--
(i) by striking ``September 30, 2023'' and
inserting ``September 30, 2025''; and
(ii) by striking ``Subject to paragraph (8)''
and inserting ``Subject to paragraphs (8) and
(9)'';
(B) in paragraph (5)--
(i) in subparagraph (B), in the matter
preceding clause (i), by striking ``that is
furnished'' and inserting
[[Page 136 STAT. 1315]]
``that is furnished by a State participating in an
ongoing demonstration program under this
subsection'';
(ii) in subparagraph (C)(iii)--
(I) in subclause (I), by striking
``September 30, 2023; and'' and
inserting ``September 30, 2025;'';
(II) in subclause (II), by striking
``under paragraph (8)'' and all that
follows through the period and inserting
``under paragraph (8), during the first
24 fiscal quarter period (or any portion
of such period) that the State
participates in the demonstration
program; and''; and
(III) by adding at the end the
following new subclause:
``(III) in the case of a State
selected to participate in the
demonstration program under paragraph
(9), during the first 16 fiscal quarter
period (or any portion of such period)
that the State participates in the
demonstration program.''; and
(iii) by adding at the end the following:
``(D) Rule of construction.--Nothing in this section
shall be construed as prohibiting a State that
participated in a demonstration program under this
subsection that has ended from receiving Federal
financial participation under title XIX of the Social
Security Act for amounts expended by the State under a
State plan under such title (or a waiver of such plan)
for providing medical assistance for items and services,
and carrying out activities, including continuing to pay
for services under the prospective payment system
established under subsection (c), that were provided or
carried out by the State under the demonstration
program, to the extent such financial participation is
otherwise available under such title.'';
(C) in paragraph (7)--
(i) in subparagraph (A), by inserting
``through the year in which the last demonstration
under this section ends'' after ``annually
thereafter'';
(ii) in subparagraph (B)--
(I) by striking ``December 31,
2021'' and inserting ``September 30,
2025''; and
(II) by adding at the end the
following new sentence: ``Such
recommendations shall include data
collected after 2019, where feasible.'';
and
(iii) by adding at the end the following new
subparagraph:
``(C) <<NOTE: Deadline.>> Final evaluation.--Not
later than 24 months after all demonstration programs
under this section have ended, the Secretary shall
submit to Congress a final evaluation of such
programs.'';
(D) in paragraph (8)(A), by striking ``2 years'' and
all that follows through the period and inserting ``6
years.''; and
(E) by adding at the end the following new
paragraph:
``(9) Further additional programs.--
``(A) <<NOTE: Time period.>> In general.--In
addition to the States selected under paragraphs (1) and
(8), the Secretary shall select any State that meets the
requirements described in
[[Page 136 STAT. 1316]]
subparagraph (B) to conduct a demonstration program that
meets the requirements of this subsection for 4 years.
``(B) Requirements.--The requirements described in
this subparagraph with respect to a State are that the
State--
``(i) was awarded a planning grant under
paragraph (1) or (3) of subsection (c); and
``(ii) submits an application (in addition to
any application that the State may have previously
submitted under this section) that includes the
information described in paragraph (2)(B).
``(C) <<NOTE: Applicability.>> Requirements for
selected states.--The requirements applicable to States
selected under paragraph (8) pursuant to subparagraph
(C) of such paragraph shall apply in the same manner to
States selected under this paragraph.
``(D) Limitation.--The Secretary shall not select
more than 10 States to conduct a demonstration program
under this paragraph for each 2 fiscal year period.'';
and
(3) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) for purposes of awarding planning grants under
subsection (c)(3), providing technical assistance to
States applying for grants under such subsection, and
carrying out demonstration programs under subsection
(d), $40,000,000 for fiscal year 2023, to remain
available until expended.''.
SEC. 11002. <<NOTE: 42 USC 1396a note.>> MEDICAID AND TELEHEALTH.
(a) Guidance to States on Furnishing Services Through Telehealth
Under Medicaid and CHIP.-- <<NOTE: Deadline.>> Not later than 18 months
after the date of enactment of this Act, the Secretary shall provide
technical assistance and issue guidance to States on improving access to
telehealth for services covered under Medicaid and CHIP, including with
respect to:
(1) How States can adopt flexibilities under Medicaid and
CHIP to expand access to covered services via telehealth,
including when States may adopt such flexibilities without the
need for approval of a State plan amendment or waiver.
(2) Best practices regarding billing for services, including
recommended voluntary billing codes, modifiers, and place of
service designations and how such billing codes, modifiers, and
designations can be used to create consistent data sets.
(3) <<NOTE: Strategies.>> Strategies for integrating
telehealth services into value-based care models.
(4) Best practices from States that have used Medicaid
waivers and other Medicaid authorities to expand access to
telehealth, including during the COVID-19 public health
emergency declared by the Secretary pursuant to section 319 of
the Public Health Service Act on January 31, 2020, entitled
``Determination that a Public Health Emergency Exists Nationwide
as the Result of the 2019 Novel Coronavirus'', including any
renewal of such declaration.
[[Page 136 STAT. 1317]]
(5) <<NOTE: Strategies.>> Strategies to promote the
delivery of accessible and culturally competent care via
telehealth, including addressing the needs of individuals with
disabilities, medically underserved urban and rural communities,
racial and ethnic minorities such as American Indians and Alaska
Natives, individuals with limited English proficiency, and
individuals of different age groups including children, young
adults, and seniors;
(6) <<NOTE: Strategies.>> Strategies for training and
providing resources to providers and patients on the use of
telehealth, including working with interpreters to furnish
health services and providing resources in multiple languages.
(7) Integrating the use of existing video platforms that
enable multi-person video calls.
(8) Best practices to support the delivery of covered
services under Medicaid and CHIP via telehealth in schools,
including specifically for the provision of mental health and
substance use disorder services in such settings.
(9) <<NOTE: Strategies.>> Strategies for evaluating how the
delivery of health services via telehealth affects quality,
outcomes, and cost under Medicaid and CHIP.
(10) Best practices for conveying information to
beneficiaries regarding the availability of telehealth as an
option to receive services covered under Medicaid and CHIP,
including the availability of audio-only telehealth, the ability
to receive such services from a patient's home, and requirements
related to in-person visits.
(b) Definitions.--In this section:
(1) CHIP.--The term ``CHIP'' means the State children's
health insurance program established under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.).
(2) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(3) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Health and Human Services.
(4) State.--The term ``State'' has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42 U.S.C.
1301(a)(1)) for purposes of titles XIX and XXI of such Act.
SEC. 11003. <<NOTE: 42 USC 1396a note.>> SUPPORTING ACCESS TO
HEALTH CARE SERVICES IN SCHOOLS.
(a) Guidance and Technical Assistance.--
(1) Guidance.--
(A) <<NOTE: Deadline. Consultation.>> In general.--
Not later than 12 months after the date of enactment of
this Act, the Secretary, in consultation with the
Secretary of Education, shall issue guidance to State
Medicaid agencies, local educational agencies, and
school-based entities to support the delivery of medical
assistance to Medicaid and CHIP beneficiaries in school-
based settings.
(B) Required information.--The guidance issued
pursuant to subparagraph (A) shall--
(i) <<NOTE: Updates.>> include updates to the
May 2003 Medicaid School-Based Administrative
Claiming Guide, the 1997 Medicaid and Schools
Technical Assistance Guide, and other relevant
guidance in effect on the date of enactment of
this Act;
[[Page 136 STAT. 1318]]
(ii) clarify that payments may be made to
school-based entities under Medicaid for
delivering assistance under Medicaid, including
any such assistance provided in accordance with an
individualized education program or under the
policy described in the State Medicaid Director
letter on payment for services issued on December
15, 2014 (#14-006);
(iii) <<NOTE: Strategies.>> outline
strategies and tools to reduce administrative
burdens on, and simplify billing for, local
educational agencies, in particular small and
rural local educational agencies, and support
compliance with Federal requirements regarding
billing, payment, and recordkeeping, including by
aligning direct service billing and school-based
administrative claiming payment systems;
(iv) <<NOTE: List.>> include a comprehensive
list of best practices and examples of approved
methods that State Medicaid agencies and local
educational agencies have used to pay for, and
increase the availability of, assistance under
Medicaid, including expanding State programs to
include all Medicaid-enrolled students, providing
early and periodic screening, diagnostic, and
treatment (EPSDT) services in schools, utilizing
telehealth, coordinating with community-based
mental health and substance use disorder treatment
providers and organizations, coordinating with
managed care entities, and supporting the
provision of culturally competent and trauma-
informed care in school settings; and
(v) provide examples of the types of providers
(which may include qualified school health
personnel) that States may choose to enroll, deem,
or otherwise treat as participating providers for
purposes of school-based programs under Medicaid
and best practices related to helping such
providers enroll in Medicaid for purposes of
participating in school-based programs under
Medicaid.
(2) Technical assistance center.--
(A) <<NOTE: Deadline. Consultation. Establishment.>> In
general.--Not later than 12 months after the date of
enactment of this Act, the Secretary, in consultation
with the Secretary of Education, shall establish a
technical assistance center to--
(i) assist and expand the capacity of State
Medicaid agencies and local educational agencies
and school-based entities to provide assistance
under Medicaid;
(ii) reduce administrative burdens for such
agencies and health centers or entities;
(iii) support State educational agencies,
local educational agencies, and school-based
entities in obtaining payment for the provision of
assistance under Medicaid;
(iv) ensure ongoing coordination and
collaboration between the Department of Health and
Human Services and the Department of Education
with respect to the provision of, and payment for,
assistance under Medicaid by local educational
agencies; and
(v) provide information to State and local
educational agencies and States on how to utilize
funding
[[Page 136 STAT. 1319]]
from the Department of Health and Human Services,
the Department of Education, and other Federal
agencies to ensure payment under Medicaid for
assistance provided in school-based settings.
(B) Small and rural schools.--The Secretary shall
ensure that the technical assistance center includes
resources which are specifically designed to help
support small and rural local educational agencies in
obtaining payment for the provision of assistance under
Medicaid.
(C) Reporting.--The technical assistance center
shall, on a biennial basis, submit to the Secretary a
report on the work of the center that identifies the
areas where the most assistance was requested.
(3) <<NOTE: Appropriations authorization.>> Funding.--Out
of any funds in the Treasury not otherwise appropriated, there
is appropriated to the Secretary to carry out this subsection,
$8,000,000, for fiscal year 2022, to remain available until
expended.
(b) Grants.-- <<NOTE: Appropriations authorization.>> There is
authorized to be appropriated $50,000,000 for fiscal year 2022 for the
Secretary to award grants to States for the purpose of implementing,
enhancing, or expanding the provision of assistance through school-based
entities under Medicaid or CHIP. A State shall not use any grant funds
to provide medical assistance, child health assistance, or other health
services.
(c) Definitions.--For purposes of this section:
(1) CHIP.--The term ``CHIP'' means the State children's
health insurance program established under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.).
(2) Individualized education program.--The term
``individualized education program'' has the meaning given such
term in section 602(14) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(14)).
(3) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(4) School-based entity.--The term ``school-based entity''
means--
(A) a school-based health center, as that term is
defined in section 2110(c)(9) of the Social Security Act
(42 U.S.C. 1397jj(c)(9)); and
(B) an entity that provides medical assistance in a
school-based setting for which Federal financial
participation is allowed under Medicaid.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Health and Human Services.
(6) State.--The term ``State'' has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42 U.S.C.
1301(a)(1)) for purposes of titles XIX and XXI of such Act.
(7) State educational agency; local educational agency.--The
terms ``State educational agency'' and ``local educational
agency'' have the meaning given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 11004. <<NOTE: 42 USC 1396d note.>> REVIEW OF STATE
IMPLEMENTATION OF EARLY AND PERIODIC
SCREENING, DIAGNOSTIC, AND TREATMENT
SERVICES.
(a) Review.--
[[Page 136 STAT. 1320]]
(1) <<NOTE: Deadline. Time period.>> In general.--Not later
than 24 months after the date of enactment of Act, and every 5
years thereafter, the Secretary shall--
(A) review State implementation of the requirements
for providing early and periodic screening, diagnostic,
and treatment services under Medicaid in accordance with
sections 1902(a)(43), 1905(a)(4)(B), and 1905(r) of the
Social Security Act (42 U.S.C. 1396a(a)(43),
1396d(a)(4)(B), 1396d(r)), including with respect to the
provision of such services by managed care
organizations, prepaid inpatient health plans, prepaid
ambulatory health plans, and primary care case managers;
(B) identify gaps and deficiencies with respect to
State compliance with such requirements;
(C) provide technical assistance to States to
address such gaps and deficiencies; and
(D) <<NOTE: Guidance.>> issue guidance to States on
the Medicaid coverage requirements for such services
that includes best practices for ensuring children have
access to comprehensive health care services, including
children without a mental health or substance use
disorder diagnosis.
(2) Reports to congress.--Not later than 6 months after each
date on which the Secretary completes the activities described
in paragraph (1), the Secretary shall submit to the Committee on
Finance of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report on the most recent
activities completed for purposes of such paragraph that
includes the findings made, and descriptions of actions taken by
the Secretary or by States as a result of such activities, and
any additional actions the Secretary plans to carry out or that
States are required to carry out as a result of such activities.
(3) <<NOTE: Appropriations authorization.>> Funding.--Out
of any funds in the Treasury not otherwise appropriated, there
is appropriated to the Secretary to carry out this subsection,
to remain available until expended, $5,000,000, for each of
fiscal years 2023 and 2024, and $1,000,000 for each fiscal year
thereafter.
(b) <<NOTE: Recommenda- tions.>> GAO Study and Report.--
(1) <<NOTE: Evaluation.>> Study.--The Comptroller General
of the United States (in this subsection referred to as the
``Comptroller General'') shall conduct a study evaluating State
implementation under Medicaid of the early and periodic
screening, diagnostic, and treatment services benefit required
for children by section 1905(a)(4)(B) of the Social Security Act
(42 U.S.C. 1396d(a)(4)(B)) and as defined in section 1905(r) of
such Act (42 U.S.C. 1396d(r)) and provided in accordance with
the requirements of section 1902(a)(43) of such Act (42 U.S.C.
1396a(a)(43)), specifically with respect to State oversight of
managed care organizations, prepaid inpatient health plans,
prepaid ambulatory health plans, and primary care case managers,
and shall provide recommendations as appropriate to improve
State compliance with the requirements for providing such
benefit, State oversight of managed care organizations, prepaid
inpatient health plans, prepaid ambulatory health plans, and
primary care case managers, and oversight of State programs
under Medicaid by the Administrator of the Centers for Medicare
& Medicaid Services.
[[Page 136 STAT. 1321]]
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1)
that includes the recommendations required by such paragraph, as
well as recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
(c) Definitions.--In this section:
(1) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Health and Human Services.
(3) State.--The term ``State'' has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42 U.S.C.
1301(a)(1)) for purposes of titles XIX and XXI of such Act.
SEC. 11005. PEDIATRIC MENTAL HEALTH CARE ACCESS GRANTS.
Section 330M of the Public Health Service Act (42 U.S.C. 254c-19) is
amended--
(1) in the section enumerator, by striking ``330M'' and
inserting ``330M.'';
(2) in subsection (a), in the matter preceding paragraph
(1)--
(A) by inserting ``or cooperative agreements'' after
``award grants''; and
(B) by striking ``Indian tribes and tribal
organizations'' and inserting ``Indian Tribes and Tribal
organizations'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``a grant'' and inserting ``an
award'';
(ii) in subparagraph (G), by inserting
``developmental-behavioral pediatricians,'' after
``psychiatrists,'';
(iii) in subparagraph (H), by inserting
``provide information to pediatric health care
providers about available mental health services
for children in the community and'' before
``assist''; and
(iv) in subparagraph (I), by striking
``problems'' and inserting ``conditions'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Support to schools and emergency departments.--
``(A) In general.--In addition to the activities
required under paragraph (1), a pediatric mental health
care access program referred to in subsection (a), with
respect to which an award under such subsection may be
used, may provide information, consultative support,
training, and technical assistance to--
``(i) emergency departments; and
``(ii) State educational agencies, local
educational agencies, Tribal educational agencies,
and elementary and secondary schools.
``(B) Requirements for certain recipients.--An
entity receiving information, consultative support,
training, and technical assistance under subparagraph
(A)(ii) shall operate in a manner consistent with, and
shall ensure
[[Page 136 STAT. 1322]]
consistency with, the requirements of subsections (a)
and (c) of section 4001 of the Elementary and Secondary
Education Act with respect to such information,
consultative support, training, and technical
assistance.''; and
(D) in paragraph (3), as so redesignated, by
inserting ``, and which may include a developmental-
behavioral pediatrician'' before the period at the end
of the first sentence;
(4) in subsections (c), (d), and (f), by striking ``Indian
tribe, or tribal organization'' each place it appears and
inserting ``Indian Tribe, or Tribal organization'';
(5) in subsections (c) and (d)--
(A) by striking ``a grant'' each place it appears
and inserting ``an award''; and
(B) by striking ``such grant'' each place it appears
and inserting ``such award'';
(6) in subsection (e), by striking ``grants'' and inserting
``awards'';
(7) in subsection (f)--
(A) by striking ``award a grant'' and inserting
``make an award''; and
(B) by striking ``the grant'' and inserting ``the
award'';
(8) by redesignating subsection (g) as subsection (h);
(9) by inserting after subsection (f) the following:
``(g) Technical Assistance.--The Secretary may--
``(1) provide, or continue to provide, technical assistance
to recipients of awards under subsection (a); and
``(2) <<NOTE: Contracts.>> award a grant or contract to an
eligible public or nonprofit private entity (as determined by
the Secretary) for the purpose of providing such technical
assistance pursuant to this subsection.''; and
(10) in subsection (h), as so redesignated, by striking
``$9,000,000 for the period of fiscal years 2018 through 2022''
and inserting ``$31,000,000 for each of fiscal years 2023
through 2027''.
TITLE II--FIREARMS
SEC. 12001. JUVENILE RECORDS.
(a) Improving NICS Examination of Juvenile Records.--
(1) In general.--Section 922 of title 18, United States
Code, is amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1), by
inserting ``, including as a juvenile'' after
``such person''; and
(ii) in paragraph (4), by inserting ``at 16
years of age or older'' after ``institution''; and
(B) in subsection (t)--
(i) in paragraph (1)--
(I) in subparagraph (B)(ii)--
(aa) by inserting ``subject
to subparagraph (C),'' before
``3 business days''; and
(bb) by striking ``and'' at
the end;
(II) by redesignating subparagraph
(C) as subparagraph (D); and
[[Page 136 STAT. 1323]]
(III) by inserting after
subparagraph (B) the following:
``(C) <<NOTE: Time periods.>> in the case of a person less
than 21 years of age, in addition to all other requirements of
this chapter--
``(i) the system provides the licensee with a unique
identification number;
``(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee
contacted the system, and the system has not notified
the licensee that cause exists to further investigate a
possibly disqualifying juvenile record under subsection
(d); or
``(iii) <<NOTE: Notification.>> in the case of such
a person with respect to whom the system notifies the
licensee in accordance with clause (ii) that cause
exists to further investigate a possibly disqualifying
juvenile record under subsection (d), 10 business days
(meaning a day on which State offices are open) have
elapsed since the licensee contacted the system, and the
system has not notified the licensee that--
``(I) transferring the firearm to the other
person would violate subsection (d) of this
section; or
``(II) receipt of a firearm by the other
person would violate subsection (g) or (n) of this
section, or State, local, or Tribal law; and'';
(ii) in paragraph (2)--
(I) by inserting ``transfer or''
before ``receipt''; and
(II) by striking ``(g) or (n)'' and
inserting ``(d), (g), or (n) (as
applicable)'';
(iii) in paragraph (4)--
(I) by inserting ``transfer of a
firearm to or'' before ``receipt''; and
(II) by striking ``(g) or (n)'' and
inserting ``(d), (g), or (n) (as
applicable)''; and
(iv) in paragraph (5)--
(I) by inserting ``transfer of a
firearm to or'' before ``receipt''; and
(II) by striking ``(g) or (n)'' and
inserting ``(d), (g), or (n) (as
applicable)''.
(2) NICS requirements.--Section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) is amended by adding
at the end the following:
``(l) <<NOTE: Deadlines. Notifications.>> Requirements Relating to
Background Checks for Persons Under Age 21.--If a licensee contacts the
system established under this section regarding a proposed transfer of a
firearm to a person less than 21 years of age in accordance with
subsection (t) of section 922 of title 18, United States Code, the
system shall--
``(1) <<NOTE: Determinations.>> immediately contact--
``(A) the criminal history repository or juvenile
justice information system, as appropriate, of the State
in which the person resides for the purpose of
determining whether the person has a possibly
disqualifying juvenile record under subsection (d) of
such section 922;
``(B) the appropriate State custodian of mental
health adjudication records in the State in which the
person resides to determine whether the person has a
possibly disqualifying juvenile record under subsection
(d) of such section 922; and
[[Page 136 STAT. 1324]]
``(C) a local law enforcement agency of the
jurisdiction in which the person resides for the purpose
of determining whether the person has a possibly
disqualifying juvenile record under subsection (d) of
such section 922;
``(2) as soon as possible, but in no case more than 3
business days, after the licensee contacts the system, notify
the licensee whether cause exists to further investigate a
possibly disqualifying juvenile record under subsection (d) of
such section 922; and
``(3) if there is cause for further investigation, as soon
as possible, but in no case more than 10 business days, after
the licensee contacts the system, notify the licensee whether--
``(A) transfer of a firearm to the person would
violate subsection (d) of such section 922; or
``(B) receipt of a firearm by the person would
violate subsection (g) or (n) of such section 922, or
State, local, or Tribal law.''.
(3) <<NOTE: 18 USC 922 and note; 34 USC 40901.>> Sunset of
requirements to contact state and local entities.--Effective on
September 30, 2032, paragraphs (1)(B) and (2) are repealed, and
the provisions of law amended by those paragraphs are restored
as if those paragraphs had not been enacted.
(b) <<NOTE: 34 USC 40901 note.>> Report on Removing Outdated,
Expired, or Erroneous Records.--
(1) <<NOTE: Time period.>> In general.--On an annual basis
for each fiscal year through fiscal year 2032, each State and
Federal agency responsible for the submission of disqualifying
records under subsection (d), (g), or (n) of section 922 of
title 18, United States Code, to the national instant criminal
background check system established under section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) shall
submit to the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the Judiciary
and the Committee on Appropriations of the House of
Representatives a report detailing the removal from the system
of records that no longer prohibit an individual from lawfully
acquiring or possessing a firearm under such subsection (d),
(g), or (n).
(2) Contents.--Each report submitted by a State or Federal
agency under paragraph (1) shall include pertinent information
on--
(A) the number of records that the State or Federal
agency removed from the national instant criminal
background check system established under section 103 of
the Brady Handgun Violence Prevention Act (34 U.S.C.
40901) during the reporting period;
(B) why the records were removed; and
(C) for each record removed, the nature of the
disqualifying characteristic outlined in subsection (d),
(g), or (n) of section 922 of title 18, United States
Code, that caused the State or Federal agency to
originally submit the record to the system.
SEC. 12002. DEFINING ``ENGAGED IN THE BUSINESS''.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (21)(C), by striking ``with the principal
objective of livelihood and profit'' and inserting ``to
predominantly earn a profit'';
[[Page 136 STAT. 1325]]
(2) by redesignating paragraphs (22) through (29) as
paragraphs (23) through (30), respectively; and
(3) by inserting after paragraph (21) the following:
``(22) The term `to predominantly earn a profit' means that the
intent underlying the sale or disposition of firearms is predominantly
one of obtaining pecuniary gain, as opposed to other intents, such as
improving or liquidating a personal firearms collection: Provided, That
proof of profit shall not be required as to a person who engages in the
regular and repetitive purchase and disposition of firearms for criminal
purposes or terrorism. For purposes of this paragraph, the term
`terrorism' means activity, directed against United States persons,
which--
``(A) is committed by an individual who is not a national or
permanent resident alien of the United States;
``(B) involves violent acts or acts dangerous to human life
which would be a criminal violation if committed within the
jurisdiction of the United States; and
``(C) is intended--
``(i) to intimidate or coerce a civilian population;
``(ii) to influence the policy of a government by
intimidation or coercion; or
``(iii) to affect the conduct of a government by
assassination or kidnapping.''.
SEC. 12003. USE OF BYRNE GRANTS FOR IMPLEMENTATION OF STATE CRISIS
INTERVENTION PROGRAMS.
(a) Byrne JAG Program.--Section 501(a)(1) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``or civil proceedings'' after ``criminal justice''; and
(2) by adding at the end the following:
``(I) Implementation of State crisis intervention
court proceedings and related programs or initiatives,
including but not limited to--
``(i) mental health courts;
``(ii) drug courts;
``(iii) veterans courts; and
``(iv) extreme risk protection order programs,
which must include, at a minimum--
``(I) pre-deprivation and post-
deprivation due process rights that
prevent any violation or infringement of
the Constitution of the United States,
including but not limited to the Bill of
Rights, and the substantive or
procedural due process rights guaranteed
under the Fifth and Fourteenth
Amendments to the Constitution of the
United States, as applied to the States,
and as interpreted by State courts and
United States courts (including the
Supreme Court of the United States).
Such programs must include, at the
appropriate phase to prevent any
violation of constitutional rights, at
minimum, notice, the right to an in-
person hearing, an unbiased adjudicator,
the right to know opposing evidence, the
right to present evidence, and the right
to confront adverse witnesses;
[[Page 136 STAT. 1326]]
``(II) the right to be represented
by counsel at no expense to the
government;
``(III) pre-deprivation and post-
deprivation heightened evidentiary
standards and proof which mean not less
than the protections afforded to a
similarly situated litigant in Federal
court or promulgated by the State's
evidentiary body, and sufficient to
ensure the full protections of the
Constitution of the United States,
including but not limited to the Bill of
Rights, and the substantive and
procedural due process rights guaranteed
under the Fifth and Fourteenth
Amendments to the Constitution of the
United States, as applied to the States,
and as interpreted by State courts and
United States courts (including the
Supreme Court of the United States). The
heightened evidentiary standards and
proof under such programs must, at all
appropriate phases to prevent any
violation of any constitutional right,
at minimum, prevent reliance upon
evidence that is unsworn or unaffirmed,
irrelevant, based on inadmissible
hearsay, unreliable, vague, speculative,
and lacking a foundation; and
``(IV) penalties for abuse of the
program.''.
(b) Annual Report on Crisis Intervention Programs.--Section 501 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10152) is amended by adding at the end the following:
``(h) Annual Report on Crisis Intervention Programs.--The
Attorney <<NOTE: Publication.>> General shall publish an annual report
with respect to grants awarded for crisis intervention programs or
initiatives under subsection (a)(1)(I) that contains--
``(1) a description of the grants awarded and the crisis
intervention programs or initiatives funded by the grants,
broken down by grant recipient;
``(2) <<NOTE: Evaluation.>> an evaluation of the
effectiveness of the crisis intervention programs or initiatives
in preventing violence and suicide;
``(3) measures that have been taken by each grant recipient
to safeguard the constitutional rights of an individual subject
to a crisis intervention program or initiative; and
``(4) <<NOTE: Coordination.>> efforts that the Attorney
General is making, in coordination with the grant recipients, to
protect the constitutional rights of individuals subject to the
crisis intervention programs or initiatives.''.
SEC. 12004. STOP ILLEGAL TRAFFICKING IN FIREARMS ACT.
(a) Anti-straw Purchasing and Firearms Trafficking Amendments.--
(1) In general.--Chapter 44 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 932. <<NOTE: 18 USC 932.>> Straw purchasing of firearms
``(a) Definitions.--For purposes of this section--
``(1) the term `drug trafficking crime'--
``(A) has the meaning given that term in section
924(c)(2); and
[[Page 136 STAT. 1327]]
``(B) includes a felony punishable under the law of
a State for which the conduct constituting the offense
would constitute a felony punishable under the
Controlled Substances Act (21 U.S.C. 801 et seq.), the
Controlled Substances Import and Export Act (21 U.S.C.
951 et seq.), or chapter 705 of title 46;
``(2) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g)(5); and
``(3) the term `felony' means any offense under Federal or
State law punishable by imprisonment for a term exceeding 1
year.
``(b) Violation.--It shall be unlawful for any person to knowingly
purchase, or conspire to purchase, any firearm in or otherwise affecting
interstate or foreign commerce for, on behalf of, or at the request or
demand of any other person, knowing or having reasonable cause to
believe that such other person--
``(1) meets the criteria of 1 or more paragraphs of section
922(d);
``(2) intends to use, carry, possess, or sell or otherwise
dispose of the firearm in furtherance of a felony, a Federal
crime of terrorism, or a drug trafficking crime; or
``(3) intends to sell or otherwise dispose of the firearm to
a person described in paragraph (1) or (2).
``(c) <<NOTE: Time periods.>> Penalty.--
``(1) In general.--Except as provided in paragraph (2), any
person who violates subsection (b) shall be fined under this
title, imprisoned for not more than 15 years, or both.
``(2) Use in felonies, crimes of terrorism, or drug
trafficking crimes.--If a violation of subsection (b) is
committed knowing or with reasonable cause to believe that any
firearm involved will be used to commit a felony, a Federal
crime of terrorism, or a drug trafficking crime, the person
shall be sentenced to a term of imprisonment of not more than 25
years.
``Sec. 933. <<NOTE: 18 USC 933.>> Trafficking in firearms
``(a) In General.--It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported, or
otherwise dispose of any firearm to another person in or
otherwise affecting interstate or foreign commerce, if such
person knows or has reasonable cause to believe that the use,
carrying, or possession of a firearm by the recipient would
constitute a felony (as defined in section 932(a));
``(2) receive from another person any firearm in or
otherwise affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe that such
receipt would constitute a felony; or
``(3) attempt or conspire to commit the conduct described in
paragraph (1) or (2).
``(b) <<NOTE: Time period.>> Penalty.--Any person who violates
subsection (a) shall be fined under this title, imprisoned for not more
than 15 years, or both.
``Sec. 934. <<NOTE: 18 USC 934.>> Forfeiture and fines
``(a) Forfeiture.--
[[Page 136 STAT. 1328]]
``(1) In general.--Any person convicted of a violation of
section 932 or 933 shall forfeit to the United States,
irrespective of any provision of State law--
``(A) any property constituting, or derived from,
any proceeds the person obtained, directly or
indirectly, as the result of such violation; and
``(B) <<NOTE: Applicability.>> any of the person's
property used, or intended to be used, in any manner or
part, to commit, or to facilitate the commission of,
such violation, except that for any forfeiture of any
firearm or ammunition pursuant to this section, section
924(d) shall apply.
``(2) Imposition.--The court, in imposing sentence on a
person convicted of a violation of section 932 or 933, shall
order, in addition to any other sentence imposed pursuant to
section 932 or 933, that the person forfeit to the United States
all property described in paragraph (1).
``(b) Fines.--A defendant who derives profits or other proceeds from
an offense under section 932 or 933 may be fined not more than the
greater of--
``(1) the fine otherwise authorized by this part; or
``(2) the amount equal to twice the gross profits or other
proceeds of the offense under section 932 or 933.''.
(2) Title iii authorization.--Section 2516(1)(n) of title
18, United States Code, is amended by striking ``sections 922
and 924'' and inserting ``section 922, 924, 932, or 933''.
(3) Racketeering amendment.--Section 1961(1)(B) of title 18,
United States Code, is amended by inserting ``section 932
(relating to straw purchasing), section 933 (relating to
trafficking in firearms),'' before ``section 1028''.
(4) Money laundering amendment.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by striking ``section
924(n)'' and inserting ``section 924(n), 932, or 933''.
(5) <<NOTE: Review. Guidelines.>> Directive to sentencing
commission.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this
subsection, the United States Sentencing Commission shall review
and amend its guidelines and policy statements to ensure that
persons convicted of an offense under section 932 or 933 of
title 18, United States Code, and other offenses applicable to
the straw purchases and trafficking of firearms are subject to
increased penalties in comparison to those currently provided by
the guidelines and policy statements for such straw purchasing
and trafficking of firearms offenses. In its review, the
Commission shall consider, in particular, an appropriate
amendment to reflect the intent of Congress that straw
purchasers without significant criminal histories receive
sentences that are sufficient to deter participation in such
activities and reflect the defendant's role and culpability, and
any coercion, domestic violence survivor history, or other
mitigating factors. The Commission shall also review and amend
its guidelines and policy statements to reflect the intent of
Congress that a person convicted of an offense under section 932
or 933 of title 18, United States Code, who is affiliated with a
gang, cartel, organized crime ring, or other such enterprise
should be subject to higher penalties than an otherwise
unaffiliated individual.
[[Page 136 STAT. 1329]]
(6) Technical and conforming amendment.--The table of
sections for chapter 44 of title 18 <<NOTE: 18 USC 921 prec.>> ,
United States Code, is amended by adding at the end the
following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
(b) Amendments to Section 922(d).--Section 922(d) of title 18,
United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by striking the matter following paragraph (9) and
inserting the following:
``(10) intends to sell or otherwise dispose of the firearm
or ammunition in furtherance of a felony, a Federal crime of
terrorism, or a drug trafficking offense (as such terms are
defined in section 932(a)); or
``(11) intends to sell or otherwise dispose of the firearm
or ammunition to a person described in any of paragraphs (1)
through (10).
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 925 is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief from
disabilities pursuant to subsection (c) of section 925.''.
(c) Amendments to Section 924(a).--Section 924(a) of title 18,
United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) <<NOTE: Time period.>> Whoever knowingly violates
subsection (d) or (g) of section 922 shall be fined under this
title, imprisoned for not more than 15 years, or both.''.
(d) Amendments to Section 924(d).--Section 924(d) of title 18,
United States Code, is amended--
(1) in paragraph (1), by inserting ``932, or 933,'' after
``section 924,''; and
(2) in paragraph (3)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) any offense under section 932 or 933.''.
(e) Amendments to Section 924(h).--Section 924 of title 18, United
States Code, is amended by striking subsection (h) and inserting the
following:
``(h) <<NOTE: Time period.>> Whoever knowingly receives or
transfers a firearm or ammunition, or attempts or conspires to do so,
knowing or having reasonable cause to believe that such firearm or
ammunition will be used to commit a felony, a Federal crime of
terrorism, or a drug trafficking crime (as such terms are defined in
section 932(a)), or a crime under the Arms Export Control Act (22 U.S.C.
2751 et seq.), the Export Control Reform Act of 2018 (50 U.S.C. 4801 et
seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C.
1901 et seq.), shall be fined under this title, imprisoned for not more
than 15 years, or both.''.
[[Page 136 STAT. 1330]]
(f) Amendments to Section 924(k).--Section 924 of title 18, United
States Code, is amended by striking subsection (k) and inserting the
following:
``(k)(1) A person who smuggles or knowingly brings into the United
States a firearm or ammunition, or attempts or conspires to do so, with
intent to engage in or to promote conduct that--
``(A) is punishable under the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46; or
``(B) <<NOTE: Time period.>> constitutes a felony, a
Federal crime of terrorism, or a drug trafficking crime (as such
terms are defined in section 932(a)),
shall be fined under this title, imprisoned for not more than 15
years, or both.
``(2) A person who smuggles or knowingly takes out of the United
States a firearm or ammunition, or attempts or conspires to do so, with
intent to engage in or to promote conduct that--
``(A) would be punishable under the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of
title 46, if the conduct had occurred within the United States;
or
``(B) <<NOTE: Time period.>> would constitute a felony or a
Federal crime of terrorism (as such terms are defined in section
932(a)) for which the person may be prosecuted in a court of the
United States, if the conduct had occurred within the United
States,
shall be fined under this title, imprisoned for not more than 15 years,
or both.''.
(g) <<NOTE: 28 USC 509 note.>> Prohibition on Firearms or
Ammunition Transfers to Agents of Drug Cartels.--The Department of
Justice, and any of its law enforcement coordinate agencies, shall not
conduct or otherwise facilitate the transfer of an operable firearm or
ammunition to an individual if any law enforcement officer employed by
the Department of Justice involved with the transfer knows or has
reasonable cause to believe that the recipient of the firearm or
ammunition is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm or ammunition at all times.
(h) FFL Access to Law Enforcement Information.--
(1) In general.--Section 103(b) of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901(b)), is amended--
(A) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(B) by adding at the end the following:
``(2) Voluntary background checks.--
``(A) <<NOTE: Deadline. Regulations.>> In
general.--Not later than 90 days after the date of
enactment of this paragraph, the Attorney General shall
promulgate regulations allowing licensees to use the
national instant criminal background check system
established under this section for purposes of
voluntarily conducting an employment background check
relating to a current or prospective employee. The
Attorney General may not collect a fee for an employment
background check under this subparagraph.
``(B) Notice.--Before conducting an employment
background check relating to a current or prospective
employee under subparagraph (A), a licensee shall--
[[Page 136 STAT. 1331]]
``(i) provide written notice to the current or
prospective employee that the licensee intends to
conduct the background check; and
``(ii) obtain consent to conduct the
background check from the current or prospective
employee in writing.
``(C) Exemption.--An employment background check
conducted by a licensee under subparagraph (A) shall not
be governed by the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.).
``(D) Appeal.--Any individual who is the subject of
an employment background check conducted by a licensee
under subparagraph (A) the result of which indicates
that the individual is prohibited from possessing a
firearm or ammunition pursuant to subsection (g) or (n)
of section 922 of title 18, United States Code, may
appeal the results of the background check in the same
manner and to the same extent as if the individual had
been the subject of a background check relating to the
transfer of a firearm.''.
(2) Acquisition, preservation, and exchange of
identification records and information.--Section 534 of title
28, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``and'' at
the end;
(ii) in paragraph (4), by striking the period
at the end and inserting ``; and''; and
(iii) by inserting after paragraph (4) the
following:
``(5) provide a person licensed as an importer,
manufacturer, or dealer of firearms under chapter 44 of title 18
with information necessary to verify whether firearms offered
for sale to such licensees have been stolen.''; and
(B) in subsection (b), by inserting ``, except for
dissemination authorized under subsection (a)(5) of this
section'' before the period.
(3) <<NOTE: Deadline. 34 USC 41101 note prec.>>
Regulations.--Not later than 90 days after the date of enactment
of this Act, and without regard to chapter 5 of title 5, United
States Code, the Attorney General shall promulgate regulations
allowing a person licensed as an importer, manufacturer, or
dealer of firearms under chapter 44 of title 18, United States
Code, to receive access to records of stolen firearms maintained
by the National Crime Information Center operated by the Federal
Bureau of Investigation, solely for the purpose of voluntarily
verifying whether firearms offered for sale to such licensees
have been stolen.
(4) <<NOTE: 28 USC 534 note.>> Statutory construction;
evidence.--
(A) Statutory construction.--Nothing in this
subsection or the amendments made by this subsection
shall be construed--
(i) to create a cause of action against any
person licensed as an importer, manufacturer, or
dealer of firearms under chapter 44 of title 18,
United States Code, or any other person for any
civil liability; or
(ii) to establish any standard of care.
(B) Evidence.--Notwithstanding any other provision
of law, evidence regarding the use or non-use by a
person licensed as an importer, manufacturer, or dealer
of firearms under chapter 44 of title 18, United States
Code, of the
[[Page 136 STAT. 1332]]
systems, information, or records made available under
this subsection or the amendments made by this
subsection shall not be admissible as evidence in any
proceeding of any court, agency, board, or other entity.
(i) Funding for Existing ATF Anti-straw Purchasing
Campaign. <<NOTE: Appropriations authorization.>> --There are authorized
to be appropriated to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives $1,000,000 for each of fiscal years 2023 through 2027 to
continue and expand current efforts with existing partners to educate
persons licensed as an importer, manufacturer, or dealer of firearms
under chapter 44 of title 18, United States Code, and the public to
combat illegal straw purchases of firearms.
(j) Local Law Enforcement Reimbursement for Assistance Provided to
DHS-HSI to Prevent Illegal Trafficking.--Section 432(d)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 240(d)(2)) is amended by
inserting ``salary reimbursement,'' after ``administrative,''.
(k) <<NOTE: 18 USC 922 note.>> Rule of Construction.--Nothing in
this section, or an amendment made by this section, shall be construed
to allow the establishment of a Federal system of registration of
firearms, firearms owners, or firearms transactions or dispositions.
SEC. 12005. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.
(a) Defining ``Dating Relationship''.--Section 921(a) of title 18,
United States Code, is amended--
(1) in paragraph (33)(A)(ii)--
(A) by striking ``or by a person'' and inserting
``by a person''; and
(B) by inserting before the period at the end the
following: ``, or by a person who has a current or
recent former dating relationship with the victim''; and
(2) by adding at the end the following:
``(37)(A) The term `dating relationship' means a relationship
between individuals who have or have recently had a continuing serious
relationship of a romantic or intimate nature.
``(B) Whether a relationship constitutes a dating relationship under
subparagraph (A) shall be determined based on consideration of--
``(i) the length of the relationship;
``(ii) the nature of the relationship; and
``(iii) the frequency and type of interaction between the
individuals involved in the relationship.
``(C) A casual acquaintanceship or ordinary fraternization in a
business or social context does not constitute a dating relationship
under subparagraph (A).''.
(b) <<NOTE: 18 USC 921 note.>> No Retroactive Application.--The
amendments made by subsection (a) shall not apply to any conviction of a
misdemeanor crime of domestic violence entered before the date of
enactment of this Act.
(c) Limitations on Convictions of Crimes of Domestic Violence With
Respect to Dating Relationships.--Section 921(a)(33) of title 18, United
States Code, is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``subparagraph (C)'' and inserting ``subparagraphs (B)
and (C)''; and
[[Page 136 STAT. 1333]]
(B) in clause (ii), by striking ``State,,'' and
inserting ``State,''; and
(2) by adding at the end the following:
``(C) A person shall not be considered to have been convicted of a
misdemeanor crime of domestic violence against an individual in a dating
relationship for purposes of this chapter if the conviction has been
expunged or set aside, or is an offense for which the person has been
pardoned or has had firearm rights restored unless the expungement,
pardon, or restoration of rights expressly provides that the person may
not ship, transport, possess, or receive firearms:
Provided, <<NOTE: Time period.>> That, in the case of a person who has
not more than 1 conviction of a misdemeanor crime of domestic violence
against an individual in a dating relationship, and is not otherwise
prohibited under this chapter, the person shall not be disqualified from
shipping, transport, possession, receipt, or purchase of a firearm under
this chapter if 5 years have elapsed from the later of the judgment of
conviction or the completion of the person's custodial or supervisory
sentence, if any, and the person has not subsequently been convicted of
another such offense, a misdemeanor under Federal, State, Tribal, or
local law which has, as an element, the use or attempted use of physical
force, or the threatened use of a deadly weapon, or any other offense
that would disqualify the person under section
922(g). <<NOTE: Update.>> The national instant criminal background
check system established under section 103 of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901) shall be updated to reflect the status
of the person. Restoration under this subparagraph is not available for
a current or former spouse, parent, or guardian of the victim, a person
with whom the victim shares a child in common, a person who is
cohabiting with or has cohabited with the victim as a spouse, parent, or
guardian, or a person similarly situated to a spouse, parent, or
guardian of the victim.''.
TITLE III--OTHER MATTERS
Subtitle A--Extension of Moratorium
SEC. 13101. EXTENSION OF MORATORIUM ON IMPLEMENTATION OF RULE
RELATING TO ELIMINATING THE ANTI-
KICKBACK STATUTE SAFE HARBOR
PROTECTION FOR PRESCRIPTION DRUG
REBATES.
Section 90006 of division I of the Infrastructure Investment and
Jobs Act (42 U.S.C. 1320a-7b note) is amended by striking ``January 1,
2026'' and inserting ``January 1, 2027''.
Subtitle B--Medicare Improvement Fund
SEC. 13201. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``fiscal year 2021, $5,000,000''
and inserting ``fiscal year 2022, $7,500,000,000''.
[[Page 136 STAT. 1334]]
Subtitle C <<NOTE: Luke and Alex School Safety Act of 2022.>> --Luke and
Alex School Safety Act of 2022
SEC. 13301. <<NOTE: 6 USC 665k note.>> SHORT TITLE.
This subtitle may be cited as the ``Luke and Alex School Safety Act
of 2022''.
SEC. 13302. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED
PRACTICES.
(a) <<NOTE: 6 USC 665k note.>> In General.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is
amended by adding at the end the following:
``SEC. 2220D. <<NOTE: 6 USC 665k.>> FEDERAL CLEARINGHOUSE ON
SCHOOL SAFETY EVIDENCE-BASED
PRACTICES.
``(a) Establishment.--
``(1) <<NOTE: Coordination.>> In general.--The Secretary,
in coordination with the Secretary of Education, the Attorney
General, and the Secretary of Health and Human Services, shall
establish a Federal Clearinghouse on School Safety Evidence-
based Practices (in this section referred to as the
`Clearinghouse') within the Department.
``(2) <<NOTE: Web postings. Recommenda- tions.>> Purpose.--
The Clearinghouse shall serve as a Federal resource to identify
and publish online through SchoolSafety.gov, or any successor
website, evidence-based practices and recommendations to improve
school safety for use by State and local educational agencies,
institutions of higher education, State and local law
enforcement agencies, health professionals, and the general
public.
``(3) Personnel.--
``(A) Assignments.--The Clearinghouse shall be
assigned such personnel and resources as the Secretary
considers appropriate to carry out this section.
``(B) Detailees.--The Secretary of Education, the
Attorney General, and the Secretary of Health and Human
Services may detail personnel to the Clearinghouse.
``(4) Exemptions.--
``(A) Paperwork reduction act.--Chapter 35 of title
44, United States Code (commonly known as the `Paperwork
Reduction Act'), shall not apply to any rulemaking or
information collection required under this section.
``(B) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
for the purposes of carrying out this section.
``(b) <<NOTE: Determinations.>> Clearinghouse Contents.--
``(1) <<NOTE: Recommenda- tions.>> Consultation.--In
identifying the evidence-based practices and recommendations for
the Clearinghouse, the Secretary shall--
``(A) consult with appropriate Federal, State,
local, Tribal, private sector, and nongovernmental
organizations, including civil rights and disability
rights organizations; and
``(B) consult with the Secretary of Education to
ensure that evidence-based practices published by the
Clearinghouse are aligned with evidence-based practices
to support a positive and safe learning environment for
all students.
[[Page 136 STAT. 1335]]
``(2) Criteria for evidence-based practices and
recommendations.--The evidence-based practices and
recommendations of the Clearinghouse shall--
``(A) include comprehensive evidence-based school
safety measures;
``(B) include the evidence or research rationale
supporting the determination of the Clearinghouse that
the evidence-based practice or recommendation under
subparagraph (A) has been shown to have a significant
effect on improving the health, safety, and welfare of
persons in school settings, including--
``(i) relevant research that is evidence-
based, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801), supporting the evidence-based
practice or recommendation;
``(ii) findings and data from previous Federal
or State commissions recommending improvements to
the safety posture of a school; or
``(iii) other supportive evidence or findings
relied upon by the Clearinghouse in determining
evidence-based practices and recommendations, as
determined in consultation with the officers
described in subsection (a)(3)(B);
``(C) include information on Federal programs for
which implementation of each evidence-based practice or
recommendation is an eligible use for the program;
``(D) be consistent with Federal civil rights laws,
including title II of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12131 et seq.), the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), and
title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); and
``(E) include options for developmentally
appropriate recommendations for use in educational
settings with respect to children's ages and physical,
social, sensory, and emotionally developmental statuses.
``(3) <<NOTE: Consultation.>> Past commission
recommendations.--The Clearinghouse shall present, as determined
in consultation with the officers described in subsection
(a)(3)(B), Federal, State, local, Tribal, private sector, and
nongovernmental organization issued best practices and
recommendations and identify any best practice or recommendation
of the Clearinghouse that was previously issued by any such
organization or commission.
``(c) Assistance and Training.--The Secretary may produce and
publish materials on the Clearinghouse to assist and train educational
agencies and law enforcement agencies on the implementation of the
evidence-based practices and recommendations.
``(d) Continuous Improvement.--The Secretary shall--
``(1) collect for the purpose of continuous improvement of
the Clearinghouse--
``(A) <<NOTE: Data.>> Clearinghouse data analytics;
``(B) user feedback on the implementation of
resources, evidence-based practices, and recommendations
identified by the Clearinghouse; and
[[Page 136 STAT. 1336]]
``(C) <<NOTE: Evaluations.>> any evaluations
conducted on implementation of the evidence-based
practices and recommendations of the Clearinghouse; and
``(2) <<NOTE: Coordination.>> in coordination with the
Secretary of Education, the Secretary of Health and Human
Services, and the Attorney General--
``(A) <<NOTE: Assessment.>> regularly assess and
identify Clearinghouse evidence-based practices and
recommendations for which there are no resources
available through Federal Government programs for
implementation; and
``(B) <<NOTE: Establishment.>> establish an
external advisory board, which shall be comprised of
appropriate State, local, Tribal, private sector, and
nongovernmental organizations, including organizations
representing parents of elementary and secondary school
students, representative from civil rights
organizations, representatives of disability rights
organizations, representatives of educators,
representatives of law enforcement, and nonprofit school
safety and security organizations, to--
``(i) provide feedback on the implementation
of evidence-based practices and recommendations of
the Clearinghouse; and
``(ii) <<NOTE: Recommenda- tions.>> propose
additional recommendations for evidence-based
practices for inclusion in the Clearinghouse that
meet the requirements described in subsection
(b)(2)(B).
``(e) Parental Assistance.--The Clearinghouse shall produce
materials in accessible formats to assist parents and legal guardians of
students with identifying relevant Clearinghouse resources related to
supporting the implementation of Clearinghouse evidence-based practices
and recommendations.''.
(b) Technical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by adding at the end the following:
``Sec. 2220D. Federal Clearinghouse on School Safety Evidence-based
Practices.''.
SEC. 13303. <<NOTE: Determinations. 6 USC 665k note.>>
NOTIFICATION OF CLEARINGHOUSE.
(a) Notification by the Secretary of Education.--The Secretary of
Education shall provide written notification of the publication of the
Federal Clearinghouse on School Safety Evidence-based Practices
(referred to in this section and section 13304 as the
``Clearinghouse''), as required to be established under section 2220D of
the Homeland Security Act of 2002, as added by section 13302 of this
Act, to--
(1) every State and local educational agency; and
(2) other Department of Education partners in the
implementation of the evidence-based practices and
recommendations of the Clearinghouse, as determined appropriate
by the Secretary of Education.
(b) Notification by the Secretary of Homeland Security.--The
Secretary of Homeland Security shall provide written notification of the
publication of the Clearinghouse, as required to be established under
section 2220D of the Homeland Security Act of 2002, as added by section
13302 of this Act, to--
(1) every State homeland security advisor;
(2) every State department of homeland security; and
[[Page 136 STAT. 1337]]
(3) other Department of Homeland Security partners in the
implementation of the evidence-based practices and
recommendations of the Clearinghouse, as determined appropriate
by the Secretary of Homeland Security.
(c) Notification by the Secretary of Health and Human Services.--The
Secretary of Health and Human Services shall provide written
notification of the publication of the Clearinghouse, as required to be
established under section 2220D of the Homeland Security Act of 2002, as
added by section 13302 of this Act, to--
(1) every State department of public health; and
(2) other Department of Health and Human Services partners
in the implementation of the evidence-based practices and
recommendations of the Clearinghouse, as determined appropriate
by the Secretary of Health and Human Services.
(d) Notification by the Attorney General.--The Attorney General
shall provide written notification of the publication of the
Clearinghouse, as required to be established under section 2220D of the
Homeland Security Act of 2002, as added by section 13302 of this Act,
to--
(1) every State department of justice; and
(2) other Department of Justice partners in the
implementation of the evidence-based practices and
recommendations of the Clearinghouse, as determined appropriate
by the Attorney General.
SEC. 13304. <<NOTE: 6 USC 665k note.>> GRANT PROGRAM REVIEW.
(a) <<NOTE: Deadline.>> Federal Grants and Resources.--Not later
than 1 year after the date of enactment of this Act, the Clearinghouse
or the external advisory board established under section 2220D of the
Homeland Security Act of 2002, as added by this subtitle, shall--
(1) review grant programs and identify any grant program
that may be used to implement evidence-based practices and
recommendations of the Clearinghouse;
(2) <<NOTE: Recommenda- tions.>> identify any evidence-
based practices and recommendations of the Clearinghouse for
which there is not a Federal grant program that may be used for
the purposes of implementing the evidence-based practice or
recommendation as applicable to the agency; and
(3) <<NOTE: Reports.>> periodically report any findings
under paragraph (2) to the appropriate committees of Congress.
(b) State Grants and Resources.--The Clearinghouse shall, to the
extent practicable, identify, for each State--
(1) each agency responsible for school safety in the State,
or any State that does not have such an agency designated;
(2) any grant program that may be used for the purposes of
implementing evidence-based practices and recommendations of the
Clearinghouse; and
(3) any resources other than grant programs that may be used
to assist in implementation of evidence-based practices and
recommendations of the Clearinghouse.
SEC. 13305. <<NOTE: 6 USC 665k note.>> RULES OF CONSTRUCTION.
(a) Waiver of Requirements.--Nothing in this subtitle or the
amendments made by this subtitle shall be construed to create, satisfy,
or waive any requirement under--
(1) title II of the Americans With Disabilities Act of 1990
(42 U.S.C. 12131 et seq.);
(2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
[[Page 136 STAT. 1338]]
(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.);
(4) title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.); or
(5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
(b) Prohibition on Federally Developed, Mandated, or Endorsed
Curriculum.--Nothing in this subtitle or the amendments made by this
subtitle shall be construed to authorize any officer or employee of the
Federal Government to engage in an activity otherwise prohibited under
section 103(b) of the Department of Education Organization Act (20
U.S.C. 3403(b)).
Subtitle D--Amendment on ESEA Funding
SEC. 13401. AMENDMENT ON ESEA FUNDING.
Section 8526 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7906) is amended--
(1) in paragraph (5), by striking ``or'' after the
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(7) for the provision to any person of a dangerous weapon,
as defined in section 930(g)(2) of title 18, United States Code,
or training in the use of a dangerous weapon.''.
DIVISION B <<NOTE: Bipartisan Safer Communities Supplemental
Appropriations Act, 2022.>> --APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
TITLE I
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$100,000,000, to remain available until expended, to meet additional
resource needs of the National Instant Criminal Background Check System.
State and Local Law Enforcement Activities
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $1,400,000,000, to remain available until expended, for
grants to be administered by the Office of Justice Programs: Provided,
That $280,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $280,000,000, to remain available until
expended, shall be made available for
[[Page 136 STAT. 1339]]
fiscal year 2023, $280,000,000, to remain available until expended,
shall be made available for fiscal year 2024, $280,000,000, to remain
available until expended, shall be made available for fiscal year 2025,
and $280,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the funds
made available under this heading in this Act, the following amounts
shall be for the following purposes in equal amounts for each of fiscal
years 2022 through 2026--
(1) $750,000,000 shall be awarded pursuant to the formula
allocation (adjusted in proportion to the relative amounts
statutorily designated therefor) that was used in the fiscal
year prior to the year for which funds are provided for the
Edward Byrne Memorial Justice Assistance Grant program, as
authorized by subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Acts of 1968 (Public Law 90-351)
(the ``1968 Act''), and shall be for the purposes described in
section 501(a)(1)(I) of title I of the 1968 Act, as amended by
title II of division A of this Act: Provided further, That the
allocation provisions under sections 505(a) through (e), the
special rules for Puerto Rico under section 505(g), and section
1001(c) of title I of the 1968 Act shall not apply to the amount
described in this paragraph;
(2) $200,000,000 shall be for grants administered by the
Bureau of Justice Assistance for purposes authorized under the
STOP School Violence Act of 2018 (title V of division S of
Public Law 115-141);
(3) $200,000,000 shall be for grants to the States to
upgrade criminal and mental health records for the National
Instant Criminal Background Check System, including grants to
assist States in providing disqualifying juvenile records under
subsection (g) or (n) of section 922 of title 18, United States
Code: Provided further, <<NOTE: Grants.>> That the grants
described in this paragraph shall be available to State criminal
record repositories and State court systems; and
(4) $250,000,000 shall be for a community violence
intervention and prevention initiative.
Community Oriented Policing Services
community oriented policing services programs
For an additional amount for ``Community Oriented Policing Services
Programs'', $100,000,000, to remain available until expended, for
competitive grants to be administered by the Community Oriented Policing
Services Office for purposes authorized under the STOP School Violence
Act of 2018 (title V of division S of Public Law 115-141): Provided,
That $20,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $20,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $20,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $20,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $20,000,000, to remain available
until expended, shall be made available for fiscal year 2026.
[[Page 136 STAT. 1340]]
GENERAL PROVISIONS--THIS TITLE
Sec. 21001. None of the funds made available by this title may be
transferred in this or any future fiscal year pursuant to the authority
in section 205 of the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2022, or any successor provision in a subsequently
enacted appropriations Act.
Sec. 21002. <<NOTE: Spend plan. Time periods. Deadline.>> (a) The
Department of Justice shall provide a detailed spend plan for the fiscal
year 2022 and 2023 funds made available in this title to the Committees
on Appropriations of the House of Representatives and the Senate within
45 days after the enactment of this Act and, for each of fiscal years
2024 through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code, the
Attorney General shall submit a detailed spend plan for the funds made
available in this title in that fiscal year.
(b) The spend plan described in subsection (a) shall include a
specific and detailed description of the intended administration, review
processes, allowable purposes, eligibility requirements, and priority
areas or weightings for the grant programs funded in this title.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration
health surveillance and program support
For an additional amount for ``Health Surveillance and Program
Support'', $800,000,000, to remain available until September 30, 2025:
Provided, That $312,500,000, to remain available until December 31,
2022, shall be made available for fiscal year 2022, $162,500,000, to
remain available until September 30, 2023, shall be made available for
fiscal year 2023, $162,500,000, to remain available until September 30,
2024, shall be made available for fiscal year 2024, and $162,500,000, to
remain available until September 30, 2025, shall be made available for
fiscal year 2025: Provided further, That of the funds made available
under this heading in this Act, the following amounts shall be for the
following purposes in equal amounts for each of fiscal years 2022
through 2025, unless stated otherwise--
(1) $250,000,000 shall be for grants for the community
mental health services block grant program under subpart I of
part B of title XIX of the Public Health Service Act;
(2) $40,000,000 shall be for National Child Traumatic Stress
Network;
(3) $240,000,000 shall be for activities and services under
Project AWARE, of which no less than $28,000,000 shall be for
activities described in section 7134 of Public Law 115-271;
(4) $120,000,000 shall be for Mental Health Awareness
Training; and
(5) $150,000,000 shall be for the National Suicide
Prevention Lifeline for fiscal year 2022.
[[Page 136 STAT. 1341]]
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $190,000,000, to remain available until September 30,
2026: Provided, That $82,000,000, to remain available until December
31, 2022, shall be made available for fiscal year 2022, $32,000,000, to
remain available until September 30, 2023, shall be made available for
fiscal year 2023, $32,000,000, to remain available until September 30,
2024, shall be made available for fiscal year 2024, $32,000,000, to
remain available until September 30, 2025, shall be made available for
fiscal year 2025, and $12,000,000, to remain available until September
30, 2026, shall be made available for fiscal year 2026: Provided
further, That of the funds made available under this heading in this
Act, the following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026, unless stated
otherwise--
(1) $60,000,000 shall be for primary care training and
enhancement under section 747 of the Public Health Service Act
(42 U.S.C. 293k) to provide mental and behavioral health care
training as part of the training of pediatricians and other
primary care clinicians who plan to provide care for pediatric
populations and other vulnerable populations, such as victims of
abuse or trauma, and individuals with mental health or substance
use disorders: Provided further, That section 747(c)(2) of the
Public Health Service Act (42 U.S.C. 293k(c)(2)) shall not apply
to funding made available in this paragraph: Provided further,
That such funds shall be transferred to ``Health Resources and
Services Administration--Health Workforce'';
(2) $80,000,000 shall be for pediatric mental health care
access under section 330M of the Public Health Service Act (42
U.S.C. 254c-19), in equal amounts for each of fiscal years 2022
through 2025: Provided further, That such funds shall be
transferred to ``Health Resources and Services Administration--
Maternal and Child Health''; and
(3) $50,000,000, to remain available until expended, shall
be for carrying out subsection (b) of section 11003 of division
A of this Act for fiscal year 2022: Provided further, That such
funds shall be transferred to ``Centers for Medicare & Medicaid
Services--Grants to States for Medicaid''.
DEPARTMENT OF EDUCATION
School Improvement Programs
For an additional amount for ``School Improvement Programs'',
$1,050,000,000, to remain available through September 30, 2025, for
carrying out subpart 1 of part A of title IV and part B of title IV of
the Elementary and Secondary Education of 1965 (referred to in this Act
as ``ESEA''), in addition to amounts otherwise available for such
purposes: Provided, That $50,000,000, to remain available through
September 30, 2023, shall be for carrying out part B of title IV of the
ESEA: Provided further, That the Secretary shall increase support for
the implementation of evidence-based
[[Page 136 STAT. 1342]]
practices intended to increase attendance and engagement of students in
the middle grades and high school in community learning centers using
funds in the preceding proviso: Provided further, That $1,000,000,000
shall be for activities under section 4108 of the ESEA and,
notwithstanding section 4105 of such Act, States shall make awards on a
competitive basis to high-need local educational agencies as determined
by the State.
Safe Schools and Citizenship Education
For an additional amount for ``Safe Schools and Citizenship
Education'', $1,000,000,000, to remain available through December 31,
2026: Provided, That $200,000,000, to remain available until March 31,
2023, shall be made available for fiscal year 2022, $200,000,000, to
remain available until December 31, 2023, shall be made available for
fiscal year 2023, $200,000,000, to remain available until December 31,
2024, shall be made available for fiscal year 2024, $200,000,000, to
remain available until December 31, 2025, shall be made available for
fiscal year 2025, and $200,000,000, to remain available until December
31, 2026, shall be made available for fiscal year 2026: Provided
further, That not more than two percent of each of such amounts may be
used for program administration, technical assistance, data collection,
and dissemination of best practices: Provided further, That of the
funds made available under this heading in this Act, the following
amounts shall be available for the following purposes in equal amounts
for each of fiscal years 2022 through 2026--
(1) $500,000,000 shall be for carrying out School Based
Mental Health Services Grants, in addition to amounts otherwise
available for such purposes; and
(2) $500,000,000 shall be for carrying out Mental Health
Services Professional Demonstration Grants, in addition to
amounts otherwise available for such purposes.
GENERAL PROVISIONS--THIS TITLE
Sec. 22001. None of the funds made available by this title may be
transferred in this or any future fiscal year pursuant to the authority
in section 205 or section 302 of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2022 (division H of Public Law 117-103), or any successor provision in a
subsequently enacted appropriations Act, or section 241(a) of the Public
Health Service Act.
Sec. 22002. <<NOTE: Deadline. Spend plans. Cost estimates.>> Not
later than 30 days after the date of enactment of this Act, the
Secretaries of Health and Human Services and Education shall each
provide a detailed spend plan of anticipated uses of funds made
available to their respective Departments in this title, including
estimated personnel and administrative costs, to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, <<NOTE: Updates. Time period.>> That such plans shall be
updated and submitted to such Committees every 60 days until all funds
are expended: Provided further, <<NOTE: List. Contracts.>> That the
spend plans shall be accompanied by a listing of each contract
obligation incurred that exceeds $5,000,000 which has not previously
been reported, including the amount of each such obligation: Provided
further, That the <<NOTE: Briefing. Time period.>> Committees on
Appropriations of the House of Representatives and the Senate shall be
briefed on obligations quarterly until all funds are expended.
[[Page 136 STAT. 1343]]
Sec. 22003. <<NOTE: Time periods. Reports.>> Not later than 60
days after the date of enactment of this Act, the Secretaries of Health
and Human Services and Education shall each provide biweekly obligation
reports for funds made available to their respective Departments in this
title, including anticipated uses of funds made available in this title,
to the Committees on Appropriations of the House of Representatives and
the Senate: Provided, <<NOTE: Updates.>> That such reports shall be
updated and submitted biweekly to the Committees until all funds are
expended.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
Sec. 23001. Each amount appropriated or made available by this
division is in addition to amounts otherwise appropriated for the fiscal
year involved.
Sec. 23002. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 23003. Unless otherwise provided for by this division, the
additional amounts appropriated by this division to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2022.
Sec. 23004. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
Sec. 23005. (a) Statutory PAYGO Scorecards.--The budgetary effects
of each division of this Act shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory Pay As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of each division
of this Act shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) <<NOTE: Estimates.>> Classification of Budgetary Effects.--
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth
in the joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(7) and (c)(8)
of the Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this division shall be estimated for purposes of
section 251 of such Act and as appropriations for discretionary
accounts for purposes of the allocation to the Committee on
[[Page 136 STAT. 1344]]
Appropriations pursuant to section 302(a) of the Congressional Budget
Act of 1974 and section 4001 of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
This division may be cited as the ``Bipartisan Safer Communities
Supplemental Appropriations Act, 2022''.
Approved June 25, 2022.
LEGISLATIVE HISTORY--S. 2938:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 167 (2021):
Dec. 9, considered and passed
Senate.
Vol. 168 (2022):
Mar. 30, considered and failed
House.
May 17, 18, considered and passed
House, amended.
June 21-23, Senate considered and
concurred in
House amendment with amendments.
June 24, House concurred in Senate
amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
June 25, Presidential remarks.
<all>