Senate Amendment SA 5121 to S. 2938, June 22, 2022 — Congressional Record
Summary
Page S3086 of the Senate section of the Congressional Record for June 22, 2022, in interleaved columns. Text with an emergency requirement pursuant to section 4001 of S. Con. Res. 14 states a short title, the Supreme Court Security Funding Act of 2022. SA 5121 from Mr. Cruz for himself and Mr. Barrasso is an amendment to S. 2938 whose text defines the National Instant Criminal Background Check System and has agencies prioritize providing relevant Federal records to NICS on a regular and ongoing basis. The page also lists a Judiciary Committee hearing authorization and a reference to the Children's Mental Health Initiative.
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“Senate Amendment SA 5121 to S. 2938, June 22, 2022 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-06-22-crec-2022-06-22-pt1-pgs3086-34e5ab52e2/
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S3086 CONGRESSIONAL RECORD — SENATE June 22, 2022
emergency requirement pursuant to section (1) the term ‘‘agency’’ has the meaning (2) submission of the relevant Federal
4001(a)(1) and section 4001(b) of S. Con. Res. given the term in section 551 of title 5, records to NICS.
14 (117th Congress), the concurrent resolu- United States Code; (b) PRIORITIZATION OF RECORDS.—Each
tion on the budget for fiscal year 2022. (2) the term ‘‘NICS’’ means the National agency that possesses relevant Federal
This Act may be cited as the ‘‘Supreme Instant Criminal Background Check System; records shall prioritize providing the rel-
Court Security Funding Act of 2022’’. and evant information contained in the relevant
--- (3) the term ‘‘relevant Federal records’’ Federal records to NICS on a regular and on-
SA 5121. Mr. CRUZ (for himself and means any record demonstrating that a per- going basis in accordance with the guidance
Mr. BARRASSO) submitted an amend- son is prohibited from possessing or receiv- issued by the Attorney General under sub-
ment intended to be proposed to ing a firearm under subsection (g) or (n) of section (a).
section 922 of title 18, United States Code. (c) REPORTS.—Not later than 60 days after
amendment SA 5099 proposed by Mr. the Attorney General issues guidance under
SEC. 3. REAUTHORIZATION AND IMPROVEMENTS
SCHUMER (for Mr. MURPHY (for himself, TO NICS. subsection (a), the head of each agency shall
Mr. CORNYN, Ms. SINEMA, and Mr. (a) IN GENERAL.—Section 103 of the NICS submit a report to the Attorney General
TILLIS)) to the bill S. 2938, to designate Improvement Amendments Act of 2007 (34 that—
the United States Courthouse and Fed- U.S.C. 40913) is amended— (1) advises whether the agency possesses
eral Building located at 111 North (1) by redesignating subsections (e), (f), and relevant Federal records; and
(g) as subsections (f), (g), and (h), respec- (2) describes the implementation plan of
Adams Street in Tallahassee, Florida,
tively; the agency for making the relevant informa-
as the ‘‘Joseph Woodrow Hatchett tion contained in relevant Federal records
(2) by amending subsection (f), as so redes-
United States Courthouse and Federal ignated, to read as follows: available to NICS in a manner consistent
Building’’, and for other purposes; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— with applicable law.
which was ordered to lie on the table; There are authorized to be appropriated to (d) DETERMINATION OF RELEVANCE.—The
as follows: carry out this section $50,000,000 for each of Attorney General shall resolve any dispute
In lieu of the matter proposed to be in- fiscal years 2023 through 2027.’’; and regarding whether—
serted, insert the following: (3) by inserting after subsection (d) the fol- (1) agency records are relevant Federal
lowing: records; and
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(e) ACCOUNTABILITY.—All grants awarded (2) the relevant Federal records of an agen-
(a) SHORT TITLE.—This Act may be cited as by the Attorney General under this section cy should be made available to NICS.
the ‘‘Safe Kids, Safe Schools, Safe Commu- shall be subject to the following account- SEC. 5. REPORTS AND CERTIFICATIONS TO CON-
nities Act of 2022’’. ability provisions: GRESS.
(b) TABLE OF CONTENTS.—The table of con- ‘‘(1) DEFINITION.—In this subsection, the (a) NICS REPORTS.—Not later than October
tents for this Act is as follows: term ‘unresolved audit finding’ means a find- 1, 2022, and every year thereafter, the head of
Sec. 1. Short title; table of contents. ing in the final audit report of the Inspector each agency that possesses relevant Federal
Sec. 2. Definitions. General of the Department of Justice that records shall submit a report to Congress
Sec. 3. Reauthorization and improvements the audited grantee has utilized grant funds that includes—
to NICS. for an unauthorized expenditure or otherwise (1) a description of the relevant Federal
Sec. 4. Availability of records to NICS. unallowable cost that is not closed or re- records possessed by the agency that can be
Sec. 5. Reports and certifications to Con- solved within 12 months from the date when shared with NICS in a manner consistent
gress. the final audit report is issued. with applicable law;
Sec. 6. Increasing Federal prosecution of ‘‘(2) AUDITS.— (2) the number of relevant Federal records
gun violence. ‘‘(A) IN GENERAL.—Beginning in the first the agency submitted to NICS during the re-
Sec. 7. Prosecution of felons and fugitives fiscal year beginning after the date of enact- porting period;
who attempt to illegally pur- ment of this subsection, and in each fiscal (3) efforts made to increase the percentage
chase firearms. year thereafter, the Inspector General of the of relevant Federal records possessed by the
Sec. 8. Limitation on operations by the De- agency that are submitted to NICS;
Department of Justice shall conduct audits
partment of Justice. (4) any obstacles to increasing the percent-
of recipients of grants under this section to—
Sec. 9. Straw purchasing of firearms. age of relevant Federal records possessed by
‘‘(i) prevent waste, fraud, and abuse of
Sec. 10. Increased penalties for lying and
funds by grantees; and the agency that are submitted to NICS;
buying.
‘‘(ii) ensure that Federal, State, local, and (5) measures put in place to provide notice
Sec. 11. Amendments to section 924(a).
Tribal records that would disqualify an indi- and programs for relief from disabilities as
Sec. 12. Amendments to section 924(h).
Sec. 13. Amendments to section 924(k). vidual from purchasing or owning a firearm required under the NICS Improvement
Sec. 14. Multiple sales reports for rifles and under section 922 of title 18, United States Amendments Act of 2007 (34 U.S.C. 40902 et
shotguns. Code, are disclosed in a timely fashion. seq.) if the agency makes qualifying adju-
Sec. 15. Study by the National Institutes of ‘‘(B) DETERMINATION.—The Inspector Gen- dications relating to the mental health of an
Justice and National Academy eral of the Department of Justice shall de- individual;
of Sciences on the causes of termine the appropriate number of grantees (6) measures put in place to correct, mod-
mass shootings. to be audited each year. ify, or remove records available to NICS
Sec. 16. Reports to Congress regarding am- ‘‘(3) PRIORITY.—In awarding grants under when the basis on which the records were
munition purchases by Federal this section, the Attorney General shall give made available no longer applies; and
agencies. priority to eligible applicants that did not (7) additional steps that will be taken dur-
Sec. 17. Firearm commerce modernization. have an unresolved audit finding during the ing the 1-year period after the submission of
Sec. 18. Firearm dealer access to law en- 3 fiscal years before submitting an applica- the report to improve the processes by which
forcement information. tion for a grant under this section.’’. relevant Federal records are—
Sec. 19. Interstate transportation of fire- (b) MODIFICATION OF ELIGIBILITY REQUIRE- (A) identified;
arms or ammunition. MENTS.—The NICS Improvement Amend- (B) made available to NICS; and
Sec. 20. Preventing duplicative grants. ments Act of 2007 (34 U.S.C. 40902 et seq.) is (C) corrected, modified, or removed from
Sec. 21. Project Sentry authorization. amended— NICS.
Sec. 22. Project Child Safe authorization. (1) in section 102(b)(1) (34 U.S.C. (b) CERTIFICATIONS.—
Sec. 23. Nonprofit security grant program. 40912(b)(1))— (1) IN GENERAL.—The annual report re-
Sec. 24. Luke and Alex School Safety Act. (A) in subparagraph (A), by striking ‘‘sub- quirement in subsection (a) shall not apply
Sec. 25. Reauthorization and expansion of paragraph (C)’’ and inserting ‘‘subparagraph to an agency that, as part of a report re-
the National Threat Assess- (B)’’; quired to be submitted under subsection (a),
ment Center of the Department (B) by striking subparagraph (B); and provides certification that the agency has—
of Homeland Security. (C) by redesignating subparagraph (C) as (A) made available to NICS relevant Fed-
Sec. 26. Stop gun criminals. subparagraph (B); eral records that can be shared in a manner
Sec. 27. Amendments to enhance certain (2) in section 103(a)(1) (34 U.S.C. 40913(a)(1)), consistent with applicable law;
penalties. by striking ‘‘and subject to section (B) a plan to make any relevant Federal
Sec. 28. Securing schools. 102(b)(1)(B)’’; and records available to NICS and a description
Sec. 29. Improving school security through (3) in section 104(d) (34 U.S.C. 40914(d)), by of that plan; and
the COPS ON THE BEAT pro- striking ‘‘section 102(b)(1)(C)’’ and inserting (C) a plan to update, modify, or remove
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gram. ‘‘section 102(b)(1)(B)’’. records electronically from NICS not less
Sec. 30. Student mental health. SEC. 4. AVAILABILITY OF RECORDS TO NICS. than quarterly as required by the NICS Im-
Sec. 31. Authorization and appropriations of (a) GUIDANCE.—Not later than 45 days after provement Amendments Act of 2007 (34
funds. the date of enactment of this Act, the Attor- U.S.C. 40902 et seq.) and a description of that
Sec. 32. No Federal funding for abortions. ney General shall issue guidance regarding— plan.
SEC. 2. DEFINITIONS. (1) the identification and sharing of rel- (2) FREQUENCY.—Each agency that is not
In this Act— evant Federal records; and required to submit annual reports under
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June 22, 2022 CONGRESSIONAL RECORD — SENATE S3087
paragraph (1) shall submit an annual certifi- tion of sections 922 and 924 of title 18, United tigation for the most recent year available;
cation to Congress attesting that the agency States Code, and section 5861 of the Internal and
continues to submit relevant Federal records Revenue Code of 1986, the result of any trial (C) the 3 tribal jurisdictions that have the
to NICS and has corrected, modified, or re- of such charges (guilty, not guilty, mistrial); highest homicide crime rates, as determined
moved records available to NICS when the (I) in the case of an indictment, informa- by the Attorney General.
basis on which the records were made avail- tion, or other charge described in subpara- (2) LIMITATION.—The 15 jurisdictions de-
able no longer applies. graph (C), in which the charging document scribed in subparagraphs (A) and (B) shall
(c) REPORTS TO CONGRESS ON FIREARMS did not contain a count or counts alleging a not include any jurisdiction other than those
PROSECUTIONS.— violation of sections 922 and 924 of title 18, within the 50 States.
(1) REPORT TO CONGRESS.—Beginning Feb- United States Code, and section 5861 of the (d) ANNUAL REPORTS.—Not later than 1
ruary 1, 2023, and on February 1 of each year Internal Revenue Code of 1986, the nature of year after the date of enactment of this Act,
thereafter through 2032, the Attorney Gen- the other charges brought and the result of and annually thereafter, the Attorney Gen-
eral shall submit to the Committees on the any trial of such other charges as have been eral shall submit to the Committee on the
Judiciary and Committees on Appropriations brought (guilty, not guilty, mistrial); Judiciary of the Senate and the Committee
of the Senate and the House of Representa- (J) the number of persons who attempted on the Judiciary of the House of Representa-
tives a report of information gathered under to purchase a firearm but were denied be- tives a report containing the following infor-
this subsection during the fiscal year that cause of a background check conducted in mation:
ended on September 30 of the preceding year. accordance with section 922(t) of title 18, (1) The number of individuals indicted for
(2) SUBJECT OF ANNUAL REPORT.—Not later United States Code; and such violations of Federal firearms laws dur-
than 90 days after the date of enactment of (K) the number of prosecutions conducted ing that year by reason of the program.
this Act, the Attorney General shall require in relation to persons described in subpara- (2) The increase or decrease in the number
each component of the Department of Jus- graph (J). of individuals indicted for such violations of
tice, including each United States Attor- SEC. 6. INCREASING FEDERAL PROSECUTION OF Federal firearms laws during that year by
ney’s Office, to furnish for the purposes of GUN VIOLENCE. reason of the program when compared with
the report described in paragraph (1), infor- (a) IN GENERAL.—Not later than 90 days the year preceding that year.
mation relating to any case presented to the after the date of enactment of this Act, the (3) The number of individuals held without
Department of Justice for review or prosecu- Attorney General shall establish in jurisdic- bond in anticipation of prosecution by rea-
tion, in which the objective facts of the case tions specified in subsection (c) a program son of the program.
provide probable cause to believe that there that meets the requirements of subsection (4) To the extent the information is avail-
has been a violation of sections 922 and 924 of (b), to be known as the ‘‘Nationwide Project able, the average length of prison sentence of
title 18, United States Code, and section 5861 Exile Expansion’’. the individuals convicted of violations of
of the Internal Revenue Code of 1986. (b) PROGRAM ELEMENTS.—Each program es- Federal firearms laws by reason of the pro-
(3) ELEMENTS OF ANNUAL REPORT.—With re- tablished under subsection (a) shall, for the gram.
spect to each case described in paragraph (2), jurisdiction concerned— (5) The number of multijurisdiction task
the report submitted under paragraph (1) (1) provide for coordination with State and forces established and the number of individ-
shall include information indicating— local law enforcement officials in the identi- uals arrested, indicted, convicted or acquit-
(A) whether in any such case, a decision fication of violations of Federal firearms ted of charges for violations of the specific
has been made not to charge an individual laws with an emphasis on the use of firearms crimes listed in subsection (b)(2).
with a violation of sections 922 and 924 of in violation of Federal law in the commis- (6) The number of individuals suspected of
title 18, United States Code, and section 5861 sion of crimes of violence, Federal drug traf- violating a Federal firearm law for whom
of the Internal Revenue Code of 1986, or any ficking offenses, and Federal crimes of ter- charges were not filed and a statement of
other violation of Federal criminal law; rorism; why charges were not filed.
(B) in any case described in subparagraph (2) provide for the establishment of agree- (e) AUTHORIZATION OF APPROPRIATIONS.—
(A), a description of why no charge was filed ments with State and local law enforcement (1) IN GENERAL.—There are authorized to be
under sections 922 and 924 of title 18, United officials for the referral to Federal law en- appropriated to carry out the program under
States Code, and section 5861 of the Internal forcement, including the Federal Bureau of this section $150,000,000 for each of fiscal
Revenue Code of 1986; Investigation and the Drug Enforcement Ad- years 2023 through 2025, which shall be used
(C) whether in any case described in para- ministration, and the United States Attor- for salaries and expenses of assistant United
graph (2), an indictment, information, or ney for prosecution of persons arrested for States attorneys.
other charge has been brought against any violations of section 922 or section 924 of (2) USE OF FUNDS FOR ASSISTANT UNITED
person, or the matter is pending; title 18, United States Code, or section 5861 STATES ATTORNEYS.—The assistant United
(D) whether, in the case of an indictment, of the Internal Revenue Code of 1986, relating States attorneys hired using amounts au-
information, or other charge described in to firearms; thorized to be appropriated under paragraph
subparagraph (C), the charging document (3) provide for the establishment of multi- (1) shall prosecute violations of Federal fire-
contains a count or counts alleging a viola- jurisdictional task forces, coordinated by the arms laws in accordance with subsection
tion of sections 922 and 924 of title 18, United Executive Office of the United States attor- (b)(2).
States Code, and section 5861 of the Internal neys to investigate and prosecute illegal SEC. 7. PROSECUTION OF FELONS AND FUGI-
Revenue Code of 1986; straw purchasing rings that purchase fire- TIVES WHO ATTEMPT TO ILLEGALLY
(E) in any case described in subparagraph arms in one jurisdiction and transfer them PURCHASE FIREARMS.
(D) in which the charging document contains to another; (a) TASK FORCE.—
a count or counts alleging a violation of sec- (4) require that the United States attorney (1) ESTABLISHMENT.—There is established a
tions 922 and 924 of title 18, United States designate not less than 1 assistant United task force within the Department of Justice,
Code, and section 5861 of the Internal Rev- States attorney to prosecute violations of which shall be known as the Felon and Fugi-
enue Code of 1986, whether a plea agreement Federal firearms laws; and tive Firearm Task Force (referred to in this
of any kind has been entered into with such (5) ensure that each person referred to the section as the ‘‘Task Force’’), to strengthen
charged individual; United States attorney for use of firearms in the efforts of the Department of Justice to
(F) whether any plea agreement described violation of Federal law in the commission investigate and prosecute cases of convicted
in subparagraph (E) required that the indi- of crimes of violence, Federal drug traf- felons and fugitives from justice who ille-
vidual plead guilty, to enter a plea of nolo ficking offenses, or other Federal crimes of gally attempt to purchase a firearm.
contendere, or otherwise caused a court to terrorism under paragraph (2) be charged (2) MEMBERSHIP.—The members of the Task
enter a conviction against that individual with a violation of the most serious Federal Force shall be—
for a violation of sections 922 and 924 of title firearm offense consistent with the act com- (A) the Deputy Attorney General, who
18, United States Code, and section 5861 of mitted. shall serve as the Chairperson of the Task
the Internal Revenue Code of 1986; (c) COVERED JURISDICTIONS.— Force;
(G) in any case described in subparagraph (1) IN GENERAL.—Subject to paragraph (2), (B) the Assistant Attorney General for the
(F) in which the plea agreement did not re- the jurisdictions specified in this subsection Criminal Division;
quire that the individual plead guilty, enter are— (C) the Director of the Federal Bureau of
a plea of nolo contendere, or otherwise cause (A) the 10 jurisdictions with a population Investigation; and
a court to enter a conviction against that in- equal to or greater than 100,000 persons that (D) such other officers or employees of the
dividual for a violation of sections 922 and had the highest total number of homicides Department of Justice as the Attorney Gen-
924 of title 18, United States Code, and sec- according to the uniform crime report of the eral may designate.
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tion 5861 of the Internal Revenue Code of Federal Bureau of Investigation for the most (3) DUTIES.—The Task Force shall—
1986, identification of the charges to which recent year available; (A) provide direction for the investigation
that individual did plead guilty; (B) the 5 jurisdictions with such a popu- and prosecution of cases of convicted felons
(H) in the case of an indictment, informa- lation, other than the jurisdictions covered and fugitives from justice attempting to ille-
tion, or other charge described in subpara- by paragraph (1), with the highest per capita gally purchase a firearm; and
graph (C), in which the charging document rate of homicide according to the uniform (B) provide recommendations to the Attor-
contains a count or counts alleging a viola- crime report of the Federal Bureau of Inves- ney General relating to—
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S3088 CONGRESSIONAL RECORD — SENATE June 22, 2022
(i) the allocation and reallocation of re- rorism if the conduct had occurred within the Commission shall consider, in particular,
sources of the Department of Justice for in- the United States; or an appropriate amendment to reflect the in-
vestigation and prosecution of cases of con- ‘‘(D) is not a resident of any State and is tent of Congress that straw purchasers with-
victed felons and fugitives from justice at- not a citizen or lawful permanent resident of out significant criminal histories receive
tempting to illegally purchase a firearm; the United States; or sentences that are sufficient to deter partici-
(ii) enhancing cooperation among agencies ‘‘(2) willfully procure another to engage in pation in such activities. The Commission
and entities of the Federal Government in conduct described in paragraph (1). shall also review and amend its guidelines
the investigation and prosecution of cases of ‘‘(c) PENALTY.—Any person who violates and policy statements to reflect the intent of
convicted felons and fugitives from justice subsection (b) shall be fined under this title, Congress that a person convicted of an of-
attempting to illegally purchase a firearm; imprisoned not more than 15 years, or both. fense under section 932 or 933 of title 18,
(iii) enhancing cooperation among Federal, ‘‘§ 933. Trafficking in firearms United States Code, who is affiliated with a
State, and local authorities responsible for ‘‘(a) DEFINITIONS.—For purposes of this sec- gang, cartel, organized crime ring, or other
the investigation and prosecution of cases of tion— such enterprise should be subject to higher
convicted felons and fugitives from justice ‘‘(1) the term ‘crime of violence’ has the penalties than an otherwise unaffiliated in-
attempting to illegally purchase a firearm; meaning given that term in section 924(c)(3); dividual.
and ‘‘(2) the term ‘drug trafficking crime’ has SEC. 10. INCREASED PENALTIES FOR LYING AND
(iv) changes in rules, regulations, or policy the meaning given that term in section BUYING.
to improve the effective investigation and 924(c)(2); and Section 924(a)(1) of title 18, United States
prosecution of cases of convicted felons and ‘‘(3) the term ‘Federal crime of terrorism’ Code, is amended in the undesignated matter
fugitives from justice attempting to illegally has the meaning given that term in section following subparagraph (D) by striking ‘‘five
purchase a firearm. 2332b(g). years’’ and inserting the following: ‘‘5 years
(4) MEETINGS.—The Task Force shall meet ‘‘(b) OFFENSE.—It shall be unlawful for any (or, in the case of a violation under subpara-
not less than once a year. person to— graph (A), not more than 10 years)’’.
(5) TERMINATION.—The Task Force shall ‘‘(1) ship, transport, transfer, or otherwise SEC. 11. AMENDMENTS TO SECTION 924(A).
terminate on the date that is 5 years after dispose of two or more firearms to another Section 924(a) of title 18, United States
the date of enactment of this Act. person in or otherwise affecting interstate or Code, is amended—
(b) AUTHORIZATION OF APPROPRIATIONS.— foreign commerce, if the transferor knows (1) in paragraph (2), by striking ‘‘(d), (g),’’;
There are authorized to be appropriated to that the use, carrying, or possession of a and
carry out this section $30,000,000 for each of firearm by the transferee would violate sub- (2) by adding at the end the following:
fiscal years 2023 through 2027. section (g) or (n) of section 922, or constitute ‘‘(8) Whoever knowingly violates sub-
SEC. 8. LIMITATION ON OPERATIONS BY THE DE- a crime of violence, a drug trafficking crime, section (d), (g), or (n) of section 922 shall be
PARTMENT OF JUSTICE. fined under this title, imprisoned not more
or a Federal crime of terrorism;
The Department of Justice, and any of the ‘‘(2) receive from another person two or than 15 years, or both.’’.
law enforcement coordinate agencies of the more firearms in or otherwise affecting SEC. 12. AMENDMENTS TO SECTION 924(H).
Department of Justice, shall not conduct interstate or foreign commerce, if the recipi- Section 924 of title 18, United States Code,
any operation where a Federal firearms li- ent— is amended by striking subsection (h) and in-
censee is directed, instructed, enticed, or ‘‘(A) knows that such receipt would violate serting the following:
otherwise encouraged by the Department of subsection (g) or (n) of section 922; or ‘‘(h) Whoever knowingly receives or trans-
Justice to sell a firearm to an individual if ‘‘(B) intends to use the firearm in further- fers a firearm or ammunition, or attempts or
the Department of Justice, or a coordinate ance of a crime of violence, a drug traf- conspires to do so, knowing that such fire-
agency, knows or has reasonable cause to be- ficking crime, or a Federal crime of ter- arm or ammunition will be used to commit a
lieve that such an individual is purchasing rorism; or crime of violence (as defined in subsection
on behalf of another for an illegal purpose ‘‘(3) attempt or conspire to commit the (c)(3)), a drug trafficking crime (as defined in
unless the Attorney General, the Deputy At- conduct described in paragraph (1) or (2). subsection (c)(2)), a Federal crime of ter-
torney General, or the Assistant Attorney ‘‘(c) PENALTIES.— rorism (as defined in section 2332b(g)), or a
General for the Criminal Division personally ‘‘(1) IN GENERAL.—Any person who violates crime under the Arms Export Control Act (22
reviews and approves the operation, in writ- subsection (b) shall be fined under this title, U.S.C. 2751 et seq.), the International Emer-
ing, and determines that the agency has pre- imprisoned not more than 15 years, or both. gency Economic Powers Act (50 U.S.C. 1701
pared an operational plan that includes suffi- ‘‘(2) ORGANIZER.—If a violation of sub- et seq.), or the Foreign Narcotics Kingpin
cient safeguards to prevent firearms from section (b) is committed by a person acting Designation Act (21 U.S.C. 1901 et seq.), shall
being transferred to third parties without in concert with other persons as an orga- be imprisoned not more than 15 years, fined
law enforcement taking reasonable steps to nizer, leader, supervisor, or manager, the in accordance with this title, or both.’’.
lawfully interdict those firearms. person shall be fined under this title, impris- SEC. 13. AMENDMENTS TO SECTION 924(K).
SEC. 9. STRAW PURCHASING OF FIREARMS. oned not more than 20 years, or both. Section 924 of title 18, United States Code,
(a) IN GENERAL.—Chapter 44 of title 18, ‘‘(d) RULE OF CONSTRUCTION.—Nothing in is amended by striking subsection (k) and in-
United States Code, is amended by adding at section 922 or 932 shall be construed to— serting the following:
the end the following: ‘‘(1) prohibit a person who is eligible to re- ‘‘(k)(1) A person who, with intent to engage
‘‘§ 932. Straw purchasing of firearms ceive and possess firearms from purchasing a in or promote conduct that—
‘‘(a) DEFINITIONS.—For purposes of this sec- firearm for another person who is eligible to ‘‘(A) is punishable under the Controlled
tion— receive and possess firearms; or Substances Act (21 U.S.C. 801 et seq.), the
‘‘(1) the term ‘crime of violence’ has the ‘‘(2) prohibit or limit purchases or trans- Controlled Substances Import and Export
meaning given that term in section 924(c)(3); fers of legally manufactured firearms be- Act (21 U.S.C. 951 et seq.), or chapter 705 of
‘‘(2) the term ‘drug trafficking crime’ has tween individuals who are not prohibited title 46;
the meaning given that term in section from possessing or receiving a firearm under ‘‘(B) violates any law of a State relating to
924(c)(2); and subsection (g) or (n) of section 922.’’. any controlled substance (as defined in sec-
‘‘(3) the term ‘Federal crime of terrorism’ (b) TECHNICAL AND CONFORMING AMEND- tion 102 of the Controlled Substances Act, 21
has the meaning given that term in section MENT.—The table of sections for chapter 44 of U.S.C. 802);
2332b(g). title 18, United States Code, is amended by ‘‘(C) constitutes a crime of violence (as de-
‘‘(b) OFFENSE.—It shall be unlawful for any inserting after the item relating to section fined in subsection (c)(3)); or
person to— 931 the following: ‘‘(D) constitutes a Federal crime of ter-
‘‘(1) purchase or otherwise obtain a fire- ‘‘932. Straw purchasing of firearms. rorism (as defined in section 2332b(g)),
arm, which has been shipped, transported, or ‘‘933. Trafficking in firearms.’’. smuggles or knowingly brings into the
received in interstate or foreign commerce, (c) DIRECTIVE TO THE SENTENCING COMMIS- United States, a firearm or ammunition, or
for or on behalf of any other person who the SION.—Pursuant to its authority under sec- attempts or conspires to do so, shall be im-
person purchasing or otherwise obtaining the tion 994 of title 28, United States Code, and prisoned not more than 15 years, fined under
firearm knows— in accordance with this section, the United this title, or both.
‘‘(A) is prohibited from possessing or re- States Sentencing Commission shall review ‘‘(2) A person who, with intent to engage in
ceiving a firearm under subsection (g) or (n) and amend its guidelines and policy state- or to promote conduct that—
of section 922; ments to ensure that persons convicted of an ‘‘(A) would be punishable under the Con-
‘‘(B) intends to use, carry, possess, or sell offense under section 932 or 933 of title 18, trolled Substances Act (21 U.S.C. 801 et seq.),
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or otherwise dispose of the firearm in fur- United States Code, and other offenses appli- the Controlled Substances Import and Ex-
therance of a crime of violence, a drug traf- cable to the straw purchases and firearms port Act (21 U.S.C. 951 et seq.), or chapter 705
ficking crime, or a Federal crime of ter- trafficking of firearms are subject to in- of title 46, if the conduct had occurred within
rorism; creased penalties in comparison to those cur- the United States; or
‘‘(C) intends to engage in conduct that rently provided by the guidelines and policy ‘‘(B) would constitute a crime of violence
would constitute a crime of violence, a drug statements for such straw purchasing and (as defined in subsection (c)(3)) or a Federal
trafficking crime, or a Federal crime of ter- firearms trafficking offenses. In its review, crime of terrorism (as defined in section
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June 22, 2022 CONGRESSIONAL RECORD — SENATE S3089
2332b(g)) for which the person may be pros- (3) a summary of all the rounds of ammuni- conducting voluntary, no fee employment
ecuted in a court of the United States, if the tion expended by each Federal agency and a background checks on current or prospective
conduct had occurred within the United current listing of stockpiled ammunition for employees.
States, each Federal agency; and ‘‘(B) NOTICE.—Before conducting an em-
smuggles or knowingly takes out of the (4) an estimate of future ammunition needs ployment background check relating to an
United States, a firearm or ammunition, or and purchases for each Federal agency for individual under subparagraph (A), a licensee
attempts or conspires to do so, shall be im- the next fiscal year. shall—
prisoned not more than 15 years, fined under SEC. 17. FIREARM COMMERCE MODERNIZATION. ‘‘(i) provide written notice to the indi-
this title, or both.’’. (a) FIREARMS DISPOSITIONS.—Section vidual that the licensee intends to conduct
SEC. 14. MULTIPLE SALES REPORTS FOR RIFLES the background check; and
922(b)(3) of title 18, United States Code, is
AND SHOTGUNS.
amended— ‘‘(ii) obtain consent to conduct the back-
Section 923(g)(5) of title 18, United States
(1) in the matter preceding subparagraph ground check from the individual in writing.
Code, is amended by adding at the end the
(A), by striking ‘‘located’’ and inserting ‘‘lo- ‘‘(C) EXEMPTION.—An employment back-
following:
cated or temporarily located’’; and ground check conducted by a licensee under
‘‘(C) The Attorney General may not re-
quire a licensee to submit ongoing or peri- (2) in subparagraph (A)— subparagraph (A) shall not be governed by
odic reporting of the sale or other disposi- (A) by striking ‘‘rifle or shotgun’’ and in- the Fair Credit Reporting Act (15 U.S.C. 1681
tion of 2 or more rifles or shotguns during a serting ‘‘firearm’’; et seq.).
specified period of time.’’. (B) by striking ‘‘located’’ and inserting ‘‘(D) APPEAL.—Any individual who is the
SEC. 15. STUDY BY THE NATIONAL INSTITUTES
‘‘located or temporarily located’’; and subject of an employment background check
OF JUSTICE AND NATIONAL ACAD- (C) by striking ‘‘both such States’’ and in- conducted by a licensee under subparagraph
EMY OF SCIENCES ON THE CAUSES serting ‘‘the State in which the transfer is (A) the result of which indicates that the in-
OF MASS SHOOTINGS. conducted and the State of residence of the dividual is prohibited from possessing a fire-
(a) IN GENERAL.— transferee’’. arm or ammunition pursuant to subsection
(1) STUDY.—Not later than 90 days after the (b) DEALER LOCATION.—Section 923 of title (g) or (n) of section 922 of title 18, United
date of enactment of this Act, the Attorney 18, United States Code, is amended— States Code, may appeal the results of the
General shall instruct the Director of the (1) in subsection (j)— background check in the same manner and
National Institutes of Justice, to conduct a (A) in the first sentence, by striking ‘‘, and to the same extent as if the individual had
peer-reviewed study to examine various such location is in the State which is speci- been the subject of a background check re-
sources and causes of mass shootings includ- fied on the license’’; and lating to the transfer of a firearm.’’.
ing psychological factors, the impact of vio- (B) in the last sentence—
lent video games, and other factors. The Di- (b) ACQUISITION, PRESERVATION, AND EX-
(i) by inserting ‘‘transfer,’’ after ‘‘sell,’’;
rector shall enter into a contract with the and CHANGE OF IDENTIFICATION RECORDS AND IN-
National Academy of Sciences to conduct (ii) by striking ‘‘Act,’’ and all that follows FORMATION.—Section 534 of title 28, United
this study jointly with an independent panel and inserting ‘‘Act.’’; and States Code, is amended—
of 5 experts appointed by the Academy. (2) by adding at the end the following: (1) in subsection (a)—
(2) REPORT.—Not later than 1 year after ‘‘(m) Nothing in this chapter shall be con- (A) in paragraph (3), by striking ‘‘and’’ at
the date on which the study required under strued to prohibit the sale, transfer, deliv- the end;
paragraph (1) begins, the Directors shall sub- ery, or other disposition of a firearm or am- (B) in paragraph (4), by striking the period
mit to Congress a report detailing the find- munition— at the end and inserting ‘‘; and’’; and
ings of the study. ‘‘(1) by a person licensed under this chapter (C) by inserting after paragraph (4) the fol-
(b) ISSUES EXAMINED.—The study con- to another person so licensed, at any loca- lowing:
ducted under subsection (a)(1) shall exam- tion in any State; or ‘‘(5) provide a person licensed as an im-
ine— ‘‘(2) by a licensed importer, licensed manu- porter, manufacturer, or dealer of firearms
(1) mental illness; facturer, or licensed dealer to a person not under chapter 44 of title 18 with information
(2) the availability of mental health and licensed under this chapter, at a temporary necessary to verify whether firearms offered
other resources and strategies to help fami- location described in subsection (j) in any for sale to such licensees have been stolen.’’;
lies detect and counter tendencies toward vi- State.’’. and
olence; (c) RESIDENCE OF UNITED STATES OFFI- (2) in subsection (b), by inserting ‘‘, except
(3) the availability of mental health and CERS.—Section 921 of title 18, United States for dissemination authorized under sub-
other resources at schools to help detect and Code, is amended by striking subsection (b) section (a)(5) of this section’’ before the pe-
counter tendencies of students towards vio- and inserting the following: riod.
lence; ‘‘(b) For purposes of this chapter:
(4) the extent to which perpetrators of (c) REGULATIONS.—Not later than 90 days
‘‘(1) A member of the Armed Forces on ac-
mass shootings, either alleged, convicted, de- after the date of enactment of this Act, and
tive duty, or a spouse of such a member, is a
ceased, or otherwise, played violent or adult- resident of— without regard to chapter 5 of title 5, United
themed video games and whether the per- ‘‘(A) the State in which the member or States Code, the Attorney General shall pro-
petrators of mass shootings discussed, spouse maintains legal residence; mulgate regulations allowing a person li-
planned, or used violent or adult-themed ‘‘(B) the State in which the permanent censed as an importer, manufacturer, or
video games in preparation of or to assist in duty station of the member is located; and dealer of firearms under chapter 44 of title
carrying out their violent actions; ‘‘(C) the State in which the member main- 18, United States Code, to receive access to
(5) familial relationships, including the tains a place of abode from which the mem-
level of involvement and awareness of par- records of stolen firearms maintained by the
ber commutes each day to the permanent National Crime Information Center operated
ents; duty station of the member.
(6) exposure to bullying; and by the Federal Bureau of Investigation, sole-
‘‘(2) An officer or employee of the United
(7) the extent to which perpetrators of ly for the purpose of voluntarily verifying
States (other than a member of the Armed
mass shootings were acting in a ‘‘copycat’’ Forces) who is stationed outside the United whether firearms offered for sale to such li-
manner based upon previous violent events. States for a period of more than 1 year, and censees have been stolen.
SEC. 16. REPORTS TO CONGRESS REGARDING AM-
a spouse of such an officer or employee, is a (d) STATUTORY CONSTRUCTION; EVIDENCE.—
MUNITION PURCHASES BY FEDERAL
AGENCIES. resident of the State in which the person (1) STATUTORY CONSTRUCTION.—Nothing in
Not later than 1 year after the date of en- maintains legal residence.’’. this section or the amendments made by this
actment of this Act, the Director of the Of- SEC. 18. FIREARM DEALER ACCESS TO LAW EN- section shall be construed—
fice of Management and Budget, shall report FORCEMENT INFORMATION. (A) to create a cause of action against any
to the Speaker of the House of Representa- (a) IN GENERAL.—Section 103(b) of the person licensed as an importer, manufac-
tives, the President pro tempore of the Sen- Brady Handgun Violence Prevention Act (34 turer, or dealer of firearms under chapter 44
ate, and the Chairmen and Ranking Members U.S.C. 40901), is amended— of title 18, United States Code, or any other
of the House and Senate Committees on Ap- (1) by striking ‘‘Not later than’’ and insert- person for any civil liability; or
propriations and the Committees on the Ju- ing the following: (B) to establish any standard of care.
diciary, the House Committee on Homeland ‘‘(1) IN GENERAL.—Not later than’’; and (2) EVIDENCE.—Notwithstanding any other
Security, the Senate Committee on Home- (2) by adding at the end the following: provision of law, evidence regarding the use
land Security and Governmental Affairs, and ‘‘(2) VOLUNTARY BACKGROUND CHECKS.— or non-use by a person licensed as an im-
ctelli on DSK11ZRN23PROD with SENATE
the House Committee on Oversight and Re- ‘‘(A) IN GENERAL.—Not later than 90 days porter, manufacturer, or dealer of firearms
form, a report including— after the date of enactment of the Safe Kids, under chapter 44 of title 18, United States
(1) details of all purchases of ammunition Safe Schools, Safe Communities Act of 2022, Code, of the systems, information, or records
by each Federal agency; the Attorney General shall promulgate regu- made available under this section or the
(2) a summary of all purchases, solicita- lations allowing licensees to use the national amendments made by this section shall not
tions, and expenditures on ammunition by instant criminal background check system be admissible as evidence in any proceeding
each Federal agency; established under this section for purposes of of any court, agency, board, or other entity.
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S3090 CONGRESSIONAL RECORD — SENATE June 22, 2022
SEC. 19. INTERSTATE TRANSPORTATION OF FIRE- ‘‘(B) PREVAILING DEFENDANT.—If a person Programs to award grants to State and local
ARMS OR AMMUNITION. successfully asserts this section as a defense governments and private organizations to
(a) IN GENERAL.—Section 926A of title 18, in a criminal proceeding, the court shall provide locks for handguns in the United
United States Code, is amended to read as award the prevailing defendant reasonable States, to be distributed by local municipali-
follows: attorney’s fees.’’. ties or private organizations; and
‘‘§ 926A. Interstate transportation of firearms (b) TECHNICAL AND CONFORMING AMEND- (B) $10,000,000 shall be used on administra-
or ammunition MENT.—The table of sections for chapter 44 of tive costs and advertising, including a na-
‘‘(a) DEFINITION.—In this section, the term title 18, United States Code, is amended by tional toll-free hotline to make sure all par-
‘transport’ includes staying in temporary striking the item relating to section 926A ents are aware of the program described in
lodging overnight, stopping for food, fuel, ve- and inserting the following: that subsection.
hicle maintenance, an emergency, medical ‘‘926A. Interstate transportation of firearms (2) MATCHING REQUIREMENT.—
treatment, and any other activity incidental or ammunition.’’. (A) IN GENERAL.—An entity receiving a
to the transport. SEC. 20. PREVENTING DUPLICATIVE GRANTS. grant under this section shall provide non-
‘‘(b) AUTHORIZATION.—Notwithstanding any Federal matching funds equal to not less
Section 1701 of title I of the Omnibus
provision of any law (including a rule or reg- than 100 percent of the amount of the grant.
Crime Control and Safe Streets Act of 1968
ulation) of a State or any political subdivi- (B) IN-KIND SUPPORT.—Matching funds may
(34 U.S.C. 10381) is amended by adding at the
sion thereof, a person who is not prohibited include in-kind support.
by this chapter from possessing, trans- end the following:
‘‘(n) PREVENTING DUPLICATIVE GRANTS.— (c) EMERGENCY DESIGNATION.—
porting, shipping, or receiving a firearm or
‘‘(1) IN GENERAL.—Before the Attorney (1) IN GENERAL.—The amounts provided
ammunition shall be entitled to—
‘‘(1) transport a firearm for any lawful pur- General awards a grant to an applicant under this section are designated as an emer-
pose from any place where the person may under this part, the Attorney General shall gency requirement pursuant to section 4(g)
lawfully possess, carry, or transport the fire- compare potential grant awards with grants of the Statutory Pay-As-You-Go Act of 2010
arm to any other such place if, during the awarded under part A or T to determine if (2 U.S.C. 933(g)).
transportation— duplicate grant awards are awarded for the (2) DESIGNATION IN THE SENATE AND THE
‘‘(A) the firearm is unloaded; and same purpose. HOUSE.—This section is designated as an
‘‘(B)(i) if the transportation is by motor ‘‘(2) REPORT.—If the Attorney General emergency requirement pursuant to sub-
vehicle— awards duplicate grants to the same appli- sections (a) and (b) of section 4001 of S. Con.
‘‘(I) the firearm is not directly accessible cant for the same purpose the Attorney Gen- Res. 14 (117th Congress), the concurrent reso-
from the passenger compartment of the eral shall submit to the Committee on the lution on the budget for fiscal year 2022.
motor vehicle; or Judiciary of the Senate and the Committee SEC. 23. NONPROFIT SECURITY GRANT PRO-
‘‘(II) if the motor vehicle is without a com- on the Judiciary of the House of Representa- GRAM.
partment separate from the passenger com- tives a report that includes—
Section 2009 of the Homeland Security Act
partment, the firearm is— ‘‘(A) a list of all duplicate grants awarded,
of 2002 (6 U.S.C. 609a) is amended—
‘‘(aa) in a locked container other than the including the total dollar amount of any du-
(1) in subsection (e), by striking ‘‘2020
glove compartment or console; or plicate grants awarded; and
through 2024’’ and inserting ‘‘2023 through
‘‘(bb) secured by a secure gun storage or ‘‘(B) the reason the Attorney General
2030’’;
safety device; or awarded the duplicate grants.’’.
(2) by redesignating subsection (f) as sub-
‘‘(ii) if the transportation is by other SEC. 21. PROJECT SENTRY AUTHORIZATION.
section (i);
means, the firearm is in a locked container (a) IN GENERAL.—In addition to amounts (3) by inserting after subsection (e) the fol-
or secured by a secure gun storage or safety otherwise available, there is appropriated to lowing:
device; and the Attorney General, out of any money in
the Treasury not otherwise appropriated, ‘‘(f) FEEDBACK.—
‘‘(2) transport ammunition for any lawful
‘‘(1) IN GENERAL.—If the Administrator de-
purpose from any place where the person $9,000,000 to support Project Sentry, a Fed-
nies an application for a grant under this
may lawfully possess, carry, or transport the eral-State law enforcement partnership to—
section, not later than 120 days after the
ammunition, to any other such place if, dur- (1) identify and prosecute juveniles who
date of the denial, the Administrator shall—
ing the transportation— violate State and Federal firearms laws and
‘‘(A) notify the applicant; and
‘‘(A) the ammunition is not loaded into a the adults who supply the juveniles with
‘‘(B) provide an explanation for the denial.
firearm; and firearms; and
‘‘(2) EXPLANATION.—An explanation de-
‘‘(B)(i) if the transportation is by motor (2) hire an attorney for each United States
scribed in paragraph (1)(B) shall include in-
vehicle— attorney who will focus on firearm crimes
formation identifying the reason for the de-
‘‘(I) the ammunition is not directly acces- involving or affecting juveniles, including
nial of the application, including—
sible from the passenger compartment of the school-related violence and trafficking fire-
‘‘(A) any factors that led to a lower score
motor vehicle; or arms to minors.
(b) ADDITIONAL APPROPRIATIONS.—Of or rank compared to other applicants; and
‘‘(II) if the motor vehicle is without a com-
amounts made available under section 31 of ‘‘(B) an identification of any deficiencies in
partment separate from the passenger com-
this Act, $20,000,000 shall be made available the application.
partment, the ammunition is in a locked
container other than the glove compartment to Project Sentry described in subsection (a) ‘‘(g) ADMINISTRATIVE COSTS AND TECHNICAL
or console; or to establish safe school task forces across ASSISTANCE.—A State through which the Ad-
‘‘(ii) if the transportation is by other the United States that will— ministrator makes a grant to an eligible
means, the ammunition is in a locked con- (1) prosecute and supervise juveniles who nonprofit organization under this section
tainer. carry or use firearms illegally; and shall receive a 5 percent increase in the
‘‘(c) STATE LAW.— (2) prosecute adults who illegally furnish amount of the grant—
‘‘(1) ARREST AUTHORITY.—A person who is firearms to the juveniles described in para- ‘‘(1) for administrative costs; and
transporting a firearm or ammunition may graph (1). ‘‘(2) to provide technical assistance to the
not be— (c) EMERGENCY DESIGNATION.— eligible nonprofit organization.
‘‘(A) arrested for violation of any law or (1) IN GENERAL.—The amounts provided ‘‘(h) APPLICATION UPDATE AND IMPROVE-
any rule or regulation of a State, or any po- under this section are designated as an emer- MENTS.—
litical subdivision thereof, relating to the gency requirement pursuant to section 4(g) ‘‘(1) PUBLIC MEETING.—Not later than 90
possession, transportation, or carrying of of the Statutory Pay-As-You-Go Act of 2010 days after the date of enactment of the Safe
firearms or ammunition, unless there is (2 U.S.C. 933(g)). Kids, Safe Schools, Safe Communities Act of
probable cause to believe that the transpor- (2) DESIGNATION IN THE SENATE AND THE 2022, the Administrator shall hold a public
tation is not in accordance with subsection HOUSE.—This section is designated as an meeting to solicit recommendations on up-
(b); or emergency requirement pursuant to sub- dating the application process for a grant
‘‘(B) detained for violation of any law or sections (a) and (b) of section 4001 of S. Con. under this section.
any rule or regulation of a State, or any po- Res. 14 (117th Congress), the concurrent reso- ‘‘(2) REPORT.—Not later than 180 days after
litical subdivision thereof, relating to the lution on the budget for fiscal year 2022. the date of enactment of the Safe Kids, Safe
possession, transportation, or carrying of SEC. 22. PROJECT CHILD SAFE AUTHORIZATION. Schools, Safe Communities Act of 2022, the
firearms or ammunition, unless there is rea- (a) IN GENERAL.—There is appropriated to Administrator shall—
sonable suspicion that the transportation is the Attorney General $75,000,000 for Child ‘‘(A) develop recommendations to mod-
not in accordance with subsection (b). Safe, a program that will provide funds to ernize and update the application process for
ctelli on DSK11ZRN23PROD with SENATE
‘‘(2) PROSECUTION.— ensure child-safety locks are available for a grant under this section, which shall in-
‘‘(A) BURDEN OF PROOF.—If a person asserts every handgun in the United States. clude considerations for—
this section as a defense in a criminal pro- (b) GRANTS.— ‘‘(i) establishing a more streamlined appli-
ceeding, the government shall bear the bur- (1) IN GENERAL.—Of the amounts made cation process;
den of proving, beyond a reasonable doubt, available under subsection (a)— ‘‘(ii) establishing greater uniformity in the
that the conduct of the person was not in ac- (A) $65,000,000 shall be used by the Assist- application process among all applicants and
cordance with subsection (b). ant Attorney General of the Office of Justice the guidance provided to States through
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June 22, 2022 CONGRESSIONAL RECORD — SENATE S3091
which the Administrator makes grants to el- ‘‘(3) PERSONNEL.— ‘‘(C) any evaluations conducted on imple-
igible nonprofit organizations under this sec- ‘‘(A) ASSIGNMENTS.—The Clearinghouse mentation of the best practices and rec-
tion; shall be assigned such personnel and re- ommendations of the Clearinghouse; and
‘‘(iii) ensuring that the application tem- sources as the Secretary considers appro- ‘‘(2) in coordination with the Secretary of
plate is compatible with the latest or most priate to carry out this section. Education, the Secretary of Health and
widely used version of software programs; ‘‘(B) DETAILEES.—The Secretary of Edu- Human Services, and the Attorney General—
and cation, the Attorney General, and the Sec- ‘‘(A) regularly assess and identify Clearing-
‘‘(iv) coordinating with the Administrator retary of Health and Human Services may house best practices and recommendations
of General Services to ensure that applica- detail personnel to the Clearinghouse. for which there are no resources available
tions submitted under this section are com- ‘‘(4) EXEMPTIONS.— through Federal Government programs for
patible across online platforms of the Fed- ‘‘(A) PAPERWORK REDUCTION ACT.—Chapter implementation; and
eral Government; and 35 of title 44, United States Code (commonly ‘‘(B) establish an external advisory board,
‘‘(B) submit to the Committee on Home- known as the ‘Paperwork Reduction Act’) which shall be comprised of appropriate
land Security and Governmental Affairs of shall not apply to any rulemaking or infor- State, local, Tribal, private sector, and non-
the Senate and the Committee on Homeland mation collection required under this sec- governmental organizations, including orga-
Security of the House of Representatives a tion. nizations representing parents of elementary
report that includes— ‘‘(B) FEDERAL ADVISORY COMMITTEE ACT.— and secondary school students, to—
‘‘(i) the recommendations developed under The Federal Advisory Committee Act (5 ‘‘(i) provide feedback on the implementa-
subparagraph (A); and U.S.C. App.) shall not apply for the purposes tion of best practices and recommendations
‘‘(ii) a description of whether the rec- of carrying out this section. of the Clearinghouse; and
ommendations developed under subpara- ‘‘(b) CLEARINGHOUSE CONTENTS.— ‘‘(ii) propose additional recommendations
graph (A) are consistent with feedback re- ‘‘(1) CONSULTATION.—In identifying the best for best practices for inclusion in the Clear-
ceived at the public meeting required under practices and recommendations for the inghouse.
paragraph (1). Clearinghouse, the Secretary may consult ‘‘(e) PARENTAL ASSISTANCE.—The Clearing-
‘‘(3) IMPLEMENTATION OF RECOMMENDA- with appropriate Federal, State, local, Trib- house shall produce materials to assist par-
TIONS.—Not later than 270 days after the date
al, private sector, and nongovernmental or- ents and legal guardians of students with
of enactment of the Safe Kids, Safe Schools, ganizations. identifying relevant Clearinghouse resources
Safe Communities Act of 2022, the Adminis- ‘‘(2) CRITERIA FOR BEST PRACTICES AND REC- related to supporting the implementation of
trator shall implement the recommendations OMMENDATIONS.—The best practices and rec-
Clearinghouse best practices and rec-
developed under paragraph (2)(A). ommendations of the Clearinghouse shall, at ommendations.’’.
‘‘(4) PAPERWORK REDUCTION ACT WAIVER.— a minimum— (2) TECHNICAL AMENDMENTS.—The table of
For the purpose of meeting the deadlines es- ‘‘(A) involve comprehensive school safety contents in section 1(b) of the Homeland Se-
tablished under this subsection, the Sec- measures, including threat prevention, pre- curity Act of 2002 (Public Law 107–296; 116
retary may waive the application of sub- paredness, protection, mitigation, incident Stat. 2135) is amended by inserting after the
chapter I of chapter 35 of title 44, United response, and recovery to improve the safety item relating to section 2220C the following:
States Code, to the requirements of this sub- posture of a school upon implementation; ‘‘Sec. 2220D. Federal Clearinghouse on
section.’’; and ‘‘(B) include any evidence or research ra- School Safety Best Practices.’’.
(4) in subsection (i), as so redesignated— tionale supporting the determination of the (b) NOTIFICATION OF CLEARINGHOUSE.—
(A) in paragraph (1), by striking ‘‘$75 mil- Clearinghouse that the best practice or rec- (1) NOTIFICATION BY THE SECRETARY OF EDU-
lion for each of fiscal years 2020 through ommendation under subparagraph (A) has CATION.—The Secretary of Education shall
2024’’ and inserting ‘‘$540,000,000 for each of been shown to have a significant effect on provide written notification of the publica-
fiscal years 2023 through 2030’’; improving the health, safety, and welfare of tion of the Federal Clearinghouse on School
(B) by striking paragraph (2); and persons in school settings, including— Safety Best Practices (referred to in this
(C) by adding at the end the following: ‘‘(i) relevant research that is evidence- subsection and subsection (c) as the ‘‘Clear-
‘‘(2) HIGH-RISK URBAN AREAS.—Of the based, as defined in section 8101 of the Ele- inghouse’’), as required to be established
amounts made available to carry out this mentary and Secondary Education Act of under section 2220D of the Homeland Secu-
section for each of fiscal years 2023 through 1965 (20 U.S.C. 7801), supporting the best prac- rity Act of 2002, as added by subsection (a) of
2030, not less than 0.35 percent shall be for tice or recommendation; this section, to—
grants to eligible recipients located in each ‘‘(ii) findings and data from previous Fed- (A) every State and local educational agen-
high-risk urban area receiving grants under eral or State commissions recommending cy; and
section 2003. improvements to the safety posture of a (B) other Department of Education part-
‘‘(3) SALARIES AND EXPENSES.—Of the school; or ners in the implementation of the best prac-
amounts made available to carry out this ‘‘(iii) other supportive evidence or findings tices and recommendations of the Clearing-
section in any fiscal year, the Administrator relied upon by the Clearinghouse in deter- house, as determined appropriate by the Sec-
may transfer to another account of the Fed- mining best practices and recommendations retary of Education.
eral Emergency Management Agency not to improve the safety posture of a school (2) NOTIFICATION BY THE SECRETARY OF
more than 3 percent for salaries and adminis- upon implementation; and HOMELAND SECURITY.—The Secretary of
trative expenses, including any necessary ex- ‘‘(C) include information on Federal grant Homeland Security shall provide written no-
penses to provide feedback or technical as- programs for which implementation of each tification of the publication of the Clearing-
sistance to applicants for a grant under this best practice or recommendation is an eligi- house, as required to be established under
section in accordance with subsection (g).’’. ble use for the program. section 2220D of the Homeland Security Act
SEC. 24. LUKE AND ALEX SCHOOL SAFETY ACT. ‘‘(3) PAST COMMISSION RECOMMENDATIONS.— of 2002, as added by subsection (a) of this sec-
(a) IN GENERAL.— To the greatest extent practicable, the tion, to—
(1) AMENDMENT.—Subtitle A of title XXII Clearinghouse shall present, as appropriate, (A) every State homeland security advisor;
of the Homeland Security Act of 2002 (6 Federal, State, local, Tribal, private sector, (B) every State department of homeland
U.S.C. 651 et seq.) is amended by adding at and nongovernmental organization issued security; and
the end the following: best practices and recommendations and (C) other Department of Homeland Secu-
‘‘SEC. 2220D. FEDERAL CLEARINGHOUSE ON identify any best practice or recommenda- rity partners in the implementation of the
SCHOOL SAFETY BEST PRACTICES. tion of the Clearinghouse that was pre- best practices and recommendations of the
‘‘(a) ESTABLISHMENT.— viously issued by any such organization or Clearinghouse, as determined appropriate by
‘‘(1) IN GENERAL.—The Secretary, in coordi- commission. the Secretary of Homeland Security.
nation with the Secretary of Education, the (3) NOTIFICATION BY THE SECRETARY OF
‘‘(c) ASSISTANCE AND TRAINING.—The Sec-
Attorney General, and the Secretary of HEALTH AND HUMAN SERVICES.—The Secretary
retary may produce and publish materials on
Health and Human Services, shall establish a of Health and Human Services shall provide
Federal Clearinghouse on School Safety Best the Clearinghouse to assist and train edu- written notification of the publication of the
Practices (in this section referred to as the cational agencies and law enforcement agen- Clearinghouse, as required to be established
‘Clearinghouse’) within the Department. cies on the implementation of the best prac- under section 2220D of the Homeland Secu-
‘‘(2) PURPOSE.—The Clearinghouse shall be tices and recommendations. rity Act of 2002, as added by subsection (a) of
the primary resource of the Federal Govern- ‘‘(d) CONTINUOUS IMPROVEMENT.—The Sec- this section, to—
ment to identify and publish online through retary shall— (A) every State department of public
ctelli on DSK11ZRN23PROD with SENATE
SchoolSafety.gov, or any successor website, ‘‘(1) collect for the purpose of continuous health; and
the best practices and recommendations for improvement of the Clearinghouse— (B) other Department of Health and
school safety for use by State and local edu- ‘‘(A) Clearinghouse data analytics; Human Services partners in the implementa-
cational agencies, institutions of higher edu- ‘‘(B) user feedback on the implementation tion of the best practices and recommenda-
cation, State and local law enforcement of resources, best practices, and rec- tions of the Clearinghouse, as determined ap-
agencies, health professionals, and the gen- ommendations identified by the Clearing- propriate by the Secretary of Health and
eral public. house; and Human Services.
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S3092 CONGRESSIONAL RECORD — SENATE June 22, 2022
(4) NOTIFICATION BY THE ATTORNEY GEN- ‘‘(b) FUNCTIONS.—The functions of the Cen- taken by the United States Secret Service to
ERAL.—The Attorney General shall provide ter shall include the following: implement provisions of this section, which
written notification of the publication of the ‘‘(1) Training in the area of best practices shall include—
Clearinghouse, as required to be established on threat assessment. ‘‘(1) the number of employees hired (on a
under section 2220D of the Homeland Secu- ‘‘(2) Consultation on complex threat as- full-time equivalent basis);
rity Act of 2002, as added by subsection (a) of sessment cases or programs. ‘‘(2) the number of individuals in each
this section, to— ‘‘(3) Research on threat assessment and the State trained in threat assessment;
(A) every State department of justice; and prevention of targeted violence, consistent ‘‘(3) the number of school districts in each
(B) other Department of Justice partners with evidence-based standards and existing State trained in school threat assessment or
in the implementation of the best practices laws and regulations. targeted school violence prevention;
and recommendations of the Clearinghouse, ‘‘(4) Facilitation of information sharing on ‘‘(4) information on Federal, State, and
as determined appropriate by the Attorney threat assessment and the prevention of tar- local agencies trained or otherwise assisted
General. geted violence among agencies with protec- by the Center;
(c) GRANT PROGRAM REVIEW.— tive or public safety responsibilities, as well ‘‘(5) a formal evaluation indicating wheth-
(1) FEDERAL GRANTS AND RESOURCES.—The as other public or private entities. er the training and other assistance provided
Secretary of Education, the Secretary of ‘‘(5) Development of evidence-based pro- by the Center is effective;
Homeland Security, the Secretary of Health grams to promote the standardization of ‘‘(6) a formal evaluation indicating wheth-
and Human Services, and the Attorney Gen- Federal, State, and local threat assessments, er the training and other assistance provided
eral shall each— best practices in investigations involving by the Center was implemented by the
(A) review grant programs administered by threats, and the prevention of targeted vio- school;
their respective agency and identify any lence. ‘‘(7) a summary of the Center’s research ac-
grant program that may be used to imple- ‘‘(c) SAFE SCHOOL INITIATIVE.—In carrying tivities and findings; and
ment best practices and recommendations of out the functions described in subsection (b), ‘‘(8) a strategic plan for disseminating the
the Clearinghouse; the Center shall establish a national pro- Center’s educational and training resources
(B) identify any best practices and rec- gram on targeted school violence prevention, to each State.
ommendations of the Clearinghouse for focusing on the following activities: ‘‘(g) DEFINITIONS.—In this section—
which there is not a Federal grant program ‘‘(1) RESEARCH.—The Center shall— ‘‘(1) the term ‘evidence-based’ means—
that may be used for the purposes of imple- ‘‘(A) conduct research into targeted school ‘‘(A) strong evidence from at least 1 well-
menting the best practice or recommenda- violence and evidence-based practices in tar- designed and well-implemented experimental
tion as applicable to the agency; and geted school violence prevention, including study;
(C) periodically report any findings under school threat assessment; and ‘‘(B) moderate evidence from at least 1
subparagraph (B) to the appropriate commit- ‘‘(B) publish the findings of the Center on well-designed and well-implemented quasi-
tees of Congress. the public website of the United States Se- experimental study; or
(2) STATE GRANTS AND RESOURCES.—The cret Service. ‘‘(C) promising evidence from at least 1
Clearinghouse shall, to the extent prac- ‘‘(2) TRAINING.— well-designed and well-implemented correla-
ticable, identify, for each State— ‘‘(A) IN GENERAL.—The Center shall develop tional study with statistical controls for se-
(A) each agency responsible for school safe- and offer training courses on targeted school lection bias;
ty in the State, or any State that does not violence prevention to agencies with protec- ‘‘(2) the term ‘local educational agency’
have such an agency designated; tive or public safety responsibilities and has the meaning given that term under sec-
(B) any grant program that may be used other public or private entities, including tion 8101 of the Elementary and Secondary
for the purposes of implementing best prac- local educational agencies. Education Act of 1965 (20 U.S.C. 7801); and
tices and recommendations of the Clearing- ‘‘(B) PLAN.—Not later than 1 year after the ‘‘(3) the term ‘State’ means any State of
house; and date of enactment of this section, the Center the United States, the District of Columbia,
(C) any resources other than grant pro- shall establish a plan to offer its training the Commonwealth of Puerto Rico, the Vir-
grams that may be used to assist in imple- and other educational resources to public or gin Islands, Guam, American Samoa, and the
mentation of best practices and rec- private entities within each State. Commonwealth of the Northern Mariana Is-
ommendations of the Clearinghouse. ‘‘(3) COORDINATION WITH OTHER FEDERAL lands.
(d) RULES OF CONSTRUCTION.— AGENCIES.—The Center shall develop research ‘‘(h) NO FUNDS TO PROVIDE FIREARMS
(1) WAIVER OF REQUIREMENTS.—Nothing in and training programs under this section in TRAINING.—None of the funds authorized to
this section or the amendments made by this coordination with the Department of Jus- be appropriated under this section may be
section shall be construed to create, satisfy, tice, the Department of Education, and the used to train any person in the use of a fire-
or waive any requirement under— Department of Health and Human Services. arm.
(A) title II of the Americans With Disabil- ‘‘(4) CONSULTATION WITH ENTITIES OUTSIDE ‘‘(i) NO EFFECT ON OTHER LAWS.—Nothing
ities Act of 1990 (42 U.S.C. 12131 et seq.); THE FEDERAL GOVERNMENT.—The Center is in this section may be construed to preclude
(B) the Rehabilitation Act of 1973 (29 U.S.C. authorized to consult with State and local or contradict any other provision of law au-
701 et seq.); educational, law enforcement, and mental thorizing training in the use of firearms.’’.
(C) title VI of the Civil Rights Act of 1964 health officials and private entities in the (b) TECHNICAL AND CONFORMING AMEND-
(42 U.S.C. 2000d et seq.); development of research and training pro- MENTS.—
(D) title IX of the Education Amendments grams under this section. (1) Section 4 of the Presidential Threat
of 1972 (20 U.S.C. 1681 et seq.); or ‘‘(5) INTERACTIVE WEBSITE.—The Center Protection Act of 2000 (18 U.S.C. 3056 note) is
(E) the Age Discrimination Act of 1975 (42 may create an interactive website to dis- repealed.
U.S.C. 6101 et seq.). seminate information and data on evidence- (2) The table of sections for chapter 203 of
(2) PROHIBITION ON FEDERALLY DEVELOPED, based practices in targeted school violence title 18, United States Code, is amended by
MANDATED, OR ENDORSED CURRICULUM.—Noth- prevention. inserting after the item relating to section
ing in this section or the amendments made ‘‘(d) HIRING OF ADDITIONAL PERSONNEL.— 3056A the following:
by this section shall be construed to author- The Director of the United States Secret ‘‘3056B. Functions of the National Threat As-
ize any officer or employee of the Federal Service may hire additional personnel to sessment Center of the United
Government to engage in an activity other- comply with the requirements of this sec-
States Secret Service.’’.
wise prohibited under section 103(b) of the tion, which, if the Director exercises that au-
SEC. 26. STOP GUN CRIMINALS.
Department of Education Organization Act thority, shall include—
‘‘(1) at least 1 employee with expertise in (a) AMENDMENTS TO THE ARMED CAREER
(20 U.S.C. 3403(b)). CRIMINAL ACT.—Section 924 of title 18,
child psychological development; and
SEC. 25. REAUTHORIZATION AND EXPANSION OF United States Code, is amended—
THE NATIONAL THREAT ASSESS- ‘‘(2) at least 1 employee with expertise in
school threat assessment. (1) in subsection (a)(2)—
MENT CENTER OF THE DEPART-
MENT OF HOMELAND SECURITY. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (A) by striking ‘‘violates subsection’’ and
There are authorized to be appropriated to inserting the following: ‘‘violates—
(a) IN GENERAL.—Chapter 203 of title 18,
carry out the functions of the Center ‘‘(A) subsection’’;
United States Code, is amended by inserting
$10,000,000 for each of fiscal years 2023 (B) in subparagraph (A), as so designated,
after section 3056A the following:
through 2026. by striking ‘‘(g)’’;
‘‘§ 3056B. Functions of the National Threat ‘‘(f) REPORT TO CONGRESS.—Not later than (C) by striking the period at the end and
Assessment Center of the United States Se- 2 years after the date of enactment of this inserting ‘‘; or’ ’’ and
ctelli on DSK11ZRN23PROD with SENATE
cret Service section, the Director of the Secret Service (D) by adding at the end the following:
‘‘(a) IN GENERAL.—There is established a shall submit to the Committee on the Judici- ‘‘(B) section 922(g) shall be—
National Threat Assessment Center (in this ary and the Committee on Health, Edu- ‘‘(i) fined as provided in this title; and
section referred to as the ‘Center’), to be op- cation, Labor, and Pensions of the Senate ‘‘(ii) except as provided in subsection (e) of
erated by the United States Secret Service, and the Committee on the Judiciary and the this section, imprisoned not less than 5 years
at the direction of the Secretary of Home- Committee on Education and Labor of the and not more than 10 years.’’;
land Security. House of Representatives a report on actions (2) in subsection (c)(1)(A)—
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June 22, 2022 CONGRESSIONAL RECORD — SENATE S3093
(A) in clause (i), by striking ‘‘5 years’’ and ‘‘(B) the term ‘robbery’ has the meaning ‘‘(dd) development of district-based manda-
inserting ‘‘7 years’’; given the term in section 1951(b).’’; and tory incident reporting systems;
(B) in clause (ii), by striking ‘‘7 years’’ and (2) in subsection (m), by inserting ‘‘or at- ‘‘(ee) establishment of local school safety
inserting ‘‘10 years’’; and tempts to do so,’’ after ‘‘or licensed col- advisory groups (including parents, families,
(C) in clause (iii), by striking ‘‘10 years’’ lector,’’. judges, first responders, health and human
and inserting ‘‘15 years’’; and SEC. 28. SECURING SCHOOLS. service professionals, and mental health pro-
(3) by striking subsection (e) and inserting (a) IN GENERAL.— fessionals);
the following: (1) APPROPRIATION.—There are authorized ‘‘(ff) evidence-based training for school re-
‘‘(e)(1) Whoever knowingly violates section to be appropriated, and there are appro- source officers, school personnel, and stu-
922(g) and has 3 or more previous serious fel- priated, to the Secretary of Education to dents to prevent student violence to enable
ony convictions for offenses committed on carry out subpart 1 of part A of title IV of them to recognize and quickly respond to
occasions different from one another shall be the Elementary and Secondary Education warning signs;
fined under this title and imprisoned not less Act of 1965 (20 U.S.C. 7111), $2,560,000,000 for ‘‘(gg) development and operations of anon-
than 15 years and not more than 30 years, fiscal years 2023 to 2032. ymous reporting systems;
and, notwithstanding any other provision of (2) SCHOOL SECURITY.—The Secretary of ‘‘(hh) evidence-based school threat assess-
law, the court shall not suspend the sentence Education shall use 50 percent of the funds ment and crisis intervention teams;
of, or grant a probationary sentence to, such ‘‘(ii) programs to facilitate coordination
appropriated under paragraph (1) to carry
person with respect to the conviction under with local law enforcement;
out clause (v) of section 4104(b)(3)(B) of the
section 922(g). ‘‘(jj) liability and insurance for school dis-
Elementary and Secondary Education Act of
‘‘(2) In this subsection— tricts;
1965 (20 U.S.C. 7114(b)(3)(B)).
‘‘(A) the term ‘offense punishable by im- ‘‘(kk) trauma-informed training for school
(b) ELEMENTARY AND SECONDARY EDUCATION
prisonment for a statutory maximum term staff on responses to active shooter situa-
ACT OF 1965.—Section 4104 of the Elementary
of not less than 10 years’ includes an offense tions; and
and Secondary Education Act of 1965 (20
(without regard to the application of any ‘‘(ll) community engagement for planning
U.S.C. 7114) is amended in subsection
sentencing guideline, statutory criterion, or and implementing safety policies and proce-
(b)(3)(B)—
judgment that may provide for a shorter pe- dures;
(1) in clause (iii), by striking ‘‘and’’ at the ‘‘(IV) implementing any technology or
riod of imprisonment within the statutory end; and
sentencing range) for which the statute pro- measure, including hiring school security of-
(2) by inserting after clause (iv) the fol- ficers, or installing any infrastructure, with
vides for a range in the period of imprison- lowing:
ment that may be imposed at sentencing the evidence-based effectiveness (to the extent
‘‘(v) improving school conditions for stu- the State involved determines that such evi-
maximum term of which is not less than 10 dent learning, by enabling local educational
years; and dence is reasonably available) to increase
agencies to use funds available under sub- the safety of school students and staff;
‘‘(B) the term ‘serious felony conviction’ section (a)(3) for the purpose of planning and ‘‘(V) implementing any technology or
means— designing school buildings and facilities, in- measure, or installing any infrastructure, for
‘‘(i) any conviction by a court referred to stalling infrastructure, and implementing school safety reinforcement, including bul-
in section 922(g)(1) for an offense that, at the technology or other measures, that strength- let-resistant doors and windows; and
time of sentencing, was an offense punish- en security on school premises, which may ‘‘(VI) implementing any technology or sys-
able by imprisonment for a statutory max- include— tem that would reduce the time needed to
imum term of not less than 10 years; or ‘‘(I) controlling access to school premises disseminate official information to parents
‘‘(ii) any group of convictions for which a or facilities, through the use of metal detec- regarding the safety of their children during
court referred to in section 922(g)(1) imposed tors, or other measures, or technology, with and immediately following a crisis;’’.
in the same proceeding or in consolidated evidence-based effectiveness (to the extent SEC. 29. IMPROVING SCHOOL SECURITY
proceedings a total term of imprisonment of the State involved determines that such evi- THROUGH THE COPS ON THE BEAT
not less than 10 years, regardless of how dence is reasonably available), which may PROGRAM.
many years of that total term the defendant include— Section 1701(b) of title I of the Omnibus
served in custody.’’. ‘‘(aa) secured campus external gate or Crime Control and Safe Streets Act of 1968
(b) APPLICABILITY.— locked doors or check-in points; (34 U.S.C. 10381(b)) is amended—
(1) IN GENERAL.—The amendments made by ‘‘(bb) active shooter alert systems; (1) in paragraph (22), by striking ‘‘and’’ at
this section relating to offenses committed ‘‘(cc) access control; the end;
by an individual who has 3 or more previous ‘‘(dd) internal door locks; (2) in paragraph (23), by striking the period
serious felony convictions (as defined in sub- ‘‘(ee) peepholes for classroom doors; at the end and inserting a semicolon; and
section (e) of section 924 of title 18, United ‘‘(ff) school site alarm and protection sys- (3) by adding at the end the following:
States Code, as amended by this section) tems; ‘‘(24) to pay salaries and expenses of school
shall apply to any offense committed after ‘‘(gg) metal detectors or x-ray machines resource officers at public, charter, and pri-
the date of enactment of this Act by an indi- (including portable); vate elementary schools and secondary
vidual who, on the date on which the offense ‘‘(hh) door locking mechanisms and access schools (as such terms are defined under sec-
is committed, has 3 or more previous serious control doors; tion 8101 of the Elementary and Secondary
felony convictions. ‘‘(ii) increased lighting on school grounds; Education Act of 1965 (20 U.S.C. 7801)); and
(2) RULE OF CONSTRUCTION.—This section ‘‘(jj) emergency call boxes; ‘‘(25) to improve physical school security
and the amendments made by this section ‘‘(kk) two-way radios; at public, charter, and private elementary
shall not be construed to create any right to ‘‘(ll) emergency alerts; schools and secondary schools (as such terms
challenge a sentence imposed under sub- ‘‘(mm) surveillance cameras or systems are defined under section 8101 of the Elemen-
section (e) of section 924 of title 18, United and infrastructure (such as poles and wir- tary and Secondary Education Act of 1965 (20
States Code. ing); U.S.C. 7801)) by obtaining security equip-
SEC. 27. AMENDMENTS TO ENHANCE CERTAIN ‘‘(nn) software costs and warranties; ment to protect students in schools and
PENALTIES. ‘‘(oo) fencing and gating; and equip law enforcement officers responding to
Section 924 of title 18, United States Code, ‘‘(pp) emergency generators to provide school security issues and installing physical
is amended— back-up power for phone systems, critical structure improvements, including—
(1) by striking subsection (i) and inserting lighting, and essential outlets; ‘‘(A) fencing, external gates, door locks,
the following: ‘‘(II) implementing any technology or and check-in points, to establish a secured
‘‘(1)(A) A person who knowingly violates measure, or installing any infrastructure, to campus;
section 922(u), or attempts to do so, shall be cover and conceal students within the school ‘‘(B) active shooter alert systems;
fined under this title, imprisoned not more during crisis situations; ‘‘(C) access controls;
than 20 years, or both. ‘‘(III) implementing technology to provide ‘‘(D) internal door locks;
‘‘(B) In the case of a violation described in coordination with law enforcement and noti- ‘‘(E) school site alarm and protection sys-
subparagraph (A) that occurs during the fication to relevant law enforcement and tems;
commission of— first responders during such a situation, ‘‘(F) metal detector or x-ray machines (in-
‘‘(i) a burglary, the term of imprisonment which shall include— cluding portable machines);
shall be not less than 3 years; or ‘‘(aa) emergency planning and preparation; ‘‘(G) ballistic safety equipment for schools
‘‘(ii) a robbery, the term of imprisonment ‘‘(bb) emphasis on a school safety plan and responding law enforcement officers;
ctelli on DSK11ZRN23PROD with SENATE
shall be not less than 5 years. with buy in from all elements of the school ‘‘(H) increased lighting on school grounds;
‘‘(2) In this subsection— community, including board members, em- ‘‘(I) emergency call boxes;
‘‘(A) the term ‘burglary’ means the unlaw- ployees, students, parents, law enforcers, ‘‘(J) two-way radios;
ful entry into, or remaining in, the business government and business leaders, the media, ‘‘(K) emergency alert systems;
premises of a licensed importer, licensed and local residents; ‘‘(L) surveillance cameras or systems, in-
manufacturer, or licensed dealer with the in- ‘‘(cc) school implementation of threat as- cluding infrastructure for such systems such
tent to commit a crime; and sessment programs; as poles and wiring;
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S3094 CONGRESSIONAL RECORD — SENATE June 22, 2022
‘‘(M) software costs and warranties; and (c) BEST PRACTICES.— the pregnancy itself, that would, as certified
‘‘(N) emergency generators to provide (1) ESEA DEFINITIONS.—In this subsection, by a physician, place the woman in danger of
back-up power for phone systems, critical the terms ‘‘elementary school’’ and ‘‘sec- death unless an abortion is performed.
lighting, and essential outlets.’’. ondary school’’ have the meanings given the f
SEC. 30. STUDENT MENTAL HEALTH. terms in section 8101 of the Elementary and
(a) STUDENT ACCESS TO MENTAL HEALTH Secondary Education Act of 1965 (20 U.S.C. AUTHORITY FOR COMMITTEES TO
PROGRAM FUND.— 7801). MEET
(1) DEFINITIONS.—In this subsection: (2) DEVELOPMENT AND DISSEMINATION OF Mr. WHITEHOUSE. Mr. President, I
(A) ELIGIBLE SCHOOL.—The term ‘‘eligible BEST PRACTICES .—Not later than 1 year after
the date of enactment of this Act, the Ad-
have 12 requests for committees to
school’’ means a school in which the lowest meet during today’s session of the Sen-
grade at the school is not lower than grade 6 ministrator of the Substance Abuse and
and the highest grade at the school is not Mental Health Services Administration, the ate. They have the approval of the Ma-
higher than grade 12. Secretary of Health and Human Services, jority and Minority Leaders.
(B) SECRETARY.—The term ‘‘Secretary’’ and the Secretary of Education shall work in Pursuant to rule XXVI, paragraph
means the Secretary of Education. consultation to— 5(a) of the Standing Rules of the Sen-
(2) STUDENT ACCESS TO MENTAL HEALTH PRO- (A) develop best practices for identifying ate, the following committees a re au-
GRAM FUND.— warning signs of mental health problems thorized to meet during today’s session
(A) IN GENERAL.—From the funds made with students and identify warning signs for of the Senate:
available to carry out section 2001 of the teachers and administrator that a student is
COMMITIEE ON AGRICULTURE, NUTRITION, AND
American Rescue Plan Act of 2021 (20 U.S.C. at high-risk for violence, specifically for a
FORESTRY
3401 note), $10,000,000,000 shall be transferred mass shooting;
(B) develop best practices for identifying The Committee on Agriculture, Nu-
to establish the ‘‘Student Access to Mental
Health Program Fund’’, to remain available warning signs of mental health problems trition, and Forestry is authorized to
through September 30, 2031. The Secretary with children and identify warning signs for meet during the session of the Senate
shall use amounts available in such Fund to individuals who work at a social service on Wednesday, June 22, 2022, at 10 a.m.,
award grants to States, from allocations agency that a child under the age of 18 is at to conduct a business meeting.
under subparagraph (B), to enable the States high-risk for violence, specifically for a mass COMMITIEE ON BANKING, HOUSING, AND URBAN
to support the salary of a mental health pro- shooting; and AFFAIRS
fessional in eligible schools located in the (C) disseminate the best practices devel-
oped under subparagraphs (A) and (B) to each The Committee on Banking, Housing,
State.
elementary school and secondary school in and Urban Affairs is authorized to
(B) ALLOCATION.—From the amounts avail-
able in the Fund established under subpara- the United States, and publish the best prac- meet during the session of the Senate
graph (A), the Secretary shall make an allo- tices on a publicly accessible website of the on Wednesday, June 22, 2022, at 9:30
cation to each State in the same proportion Department of Education and the Substance a.m., to conduct a hearing.
as the number of eligible schools located in Abuse and Mental Health Services Adminis- C0MMITIEE ON COMMERCE, SCIENCE, AND
the State. tration. TRANSPORTATION
(C) PARTNERSHIP.— (d) GAO STUDY.—
The Committee on Commerce,
(i) IN GENERAL.—A State awarded a grant (1) IN GENERAL.—The Comptroller General
of the United States shall conduct a study on Science, and Transportation is author-
under this subsection shall comply with the ized to meet during the session of the
following: how many elementary schools and secondary
(I) The State shall use the grant funds to schools in the United States have a mental Senate on Wednesday, June 22, 2022, at
cover the cost of the salary, which shall be health provider for students, how many stu- 10 a.m., to conduct a business meeting.
not more than $55,000, for 10 years for a men- dents take advantage of the mental health COMMITIEE ON ENVIRONMENT AND PUBLIC
tal health professional to serve eligible services, the main causes for students to ac- WORKS
schools located in the State. Such mental cess the services. The Committee on Environment and
health professional shall serve not more than (2) ESEA DEFINITIONS.—In this subsection, Public Works is authorized to meet
5 eligible schools in any school year by ro- the terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meanings given the
during the session of the Senate on
tating among the schools for not less than 1 Wednesday, June 22, 2022, at 10 a.m., to
day a week at each such school. terms in section 8101 of the Elementary and
(II) The State shall expend non-Federal Secondary Education Act of 1965 (20 U.S.C. conduct a hearing.
funds to pay for the other costs of recruit- 7801). COMMITIEE ON FINANCE
ment, training, and benefits for each such SEC. 31. AUTHORIZATION AND APPROPRIATIONS The Committee on Finance is author-
mental health professional, and any other OF FUNDS. ized to meet during the session of the
expenses related to such employment. The unobligated balance of funds made Senate on Wednesday, June 22, 2022, at
(ii) CONDITIONS OF GRANTS.—A State award- available to carry out section 18003 of divi-
10 a.m., to conduct a hearing.
ed a grant under this subsection shall re- sion B of the CARES Act (Public Law 116–136;
COMMITIEE ON FOREIGN RELATIONS
quire that each eligible school served by the 134 Stat. 565), section 313 of the Coronavirus
grant— Response and Relief Supplemental Appro- The Committee on Foreign Relations
(I) provide to the parents of any student priations Act, 2021 (division M of Public Law is authorized to meet during the ses-
enrolled in the school who has not reached 116–260; 134 Stat. 1929), and section 2001 of the sion of the Senate on Wednesday, June
age 19 who meets with a mental health pro- American Rescue Plan Act of 2021 (20 U.S.C. 22, 2022, at 2:45 p.m., to conduct a hear-
fessional employed at the school with all 3401 note) shall be transferred to the Sec- ing.
counseling records and mental health assess- retary to be used to carry out this Act in an
COMMITIEE ON HEALTH, EDUCATION, LABOR, AND
ments for such student; amount not to exceed $38,000,000,000.
PENSIONS
(II) not teach Critical Race Theory or in- SEC. 32. NO FEDERAL FUNDING FOR ABORTIONS.
The Committee on Health, Edu-
clude Critical Race Theory in any school (a) IN GENERAL.—No funds authorized or
program; and appropriated by this act, and none of the
cation, Labor, and Pensions is author-
(III) not advocate for abortion or abortion funds in any trust fund to which funds are ized to meet during the session of the
services in any form. authorized or appropriated by this act, shall Senate on Wednesday, June 22, 2022, at
(b) FUNDS FOR PROGRAMS.—The unobli- be expended for any abortion or counseling 10 a.m., to conduct a hearing.
gated balance of funds made available to that results in encouraging, facilitating, or COMMITIEE ON HOMELAND SECURITY AND
carry out sections 2021 and 6002 of the Amer- referral for an abortion. GOVERNMENTAL AFFAIRS
ican Rescue Plan Act of 2021 (Public Law 117– (b) HEALTH BENEFITS COVERAGE.—No funds The Committee on Homeland Secu-
2) shall be transferred to, and evenly divided authorized or appropriated by this act, and rity and Governmental Affairs is au-
among, the following programs: none of the funds in any trust fund to which
(1) Project AWARE State Educational funds are authorized or appropriated this
thorized to meet during the session of
Agency Grant Program carried out by the act, shall be expended for health benefits the Senate on Wednesday, June 22, 2022,
Secretary of Health and Human Services. coverage that includes coverage of abortion. at 2:30 p.m., to conduct a hearing.
(2) Student Support and Academic Enrich- (c) EXCEPTIONS.—The limitations estab- COMMITIEE ON INDIAN AFFAIRS
ment Grant Program carried out by the Sec- lished in paragraphs (a) and (b) shall not The Committee on Indian Affairs is
ctelli on DSK11ZRN23PROD with SENATE
retary of Education. apply to an abortion— authorized to meet during the session
(3) Community Mental Health Services (1) if the pregnancy is the result of an act of the Senate on Wednesday, June 22,
Block Grant Program carried out by the Sec- of rape or incest; or
retary of Health and Human Services. (2) in the case where a woman suffers from
2022, at 2:30 p.m., to conduct a hearing.
(4) Children’s Mental Health Initiative of a physical disorder, physical injury, or phys- COMMITIEE ON THE JUDICIARY
the Substance Abuse and Mental Health ical illness, including a life-endangering The Committee on the Judiciary is
Services Administration. physical condition caused by or arising from authorized to meet during the session
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File and source
- File
- CREC_crec-2022-06-22_crec-2022-06-22-pt1-pgs3086.pdf
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