S.Amdt. 5121Senate117th Congress (2021-2023)2nd degree
S.Amdt. 5121
Sponsored by
Sen. Ted Cruz (R-TX)
Submitted June 22, 2022
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Senate amendment submitted
June 22, 2022
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SA 5121. Mr. CRUZ (for himself and Mr. Barrasso) submitted an amendment intended to be proposed to amendment SA 5099 proposed by Mr. Schumer (for Mr. Murphy (for himself, Mr. Cornyn, Ms. Sinema, and Mr. Tillis)) to the bill S. 2938, to designate the United States Courthouse and Federal Building located at 111 North Adams Street in Tallahassee, Florida, as the ``Joseph Woodrow Hatchett United States Courthouse and Federal Building'', and for other purposes; which was ordered to lie on the table; as follows: In lieu of the matter proposed to be inserted, insert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Kids, Safe Schools, Safe Communities Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reauthorization and improvements to NICS. Sec. 4. Availability of records to NICS. Sec. 5. Reports and certifications to Congress. Sec. 6. Increasing Federal prosecution of gun violence. Sec. 7. Prosecution of felons and fugitives who attempt to illegally purchase firearms. Sec. 8. Limitation on operations by the Department of Justice. Sec. 9. Straw purchasing of firearms. Sec. 10. Increased penalties for lying and buying. Sec. 11. Amendments to section 924(a). Sec. 12. Amendments to section 924(h). Sec. 13. Amendments to section 924(k). Sec. 14. Multiple sales reports for rifles and shotguns. Sec. 15. Study by the National Institutes of Justice and National Academy of Sciences on the causes of mass shootings. Sec. 16. Reports to Congress regarding ammunition purchases by Federal agencies. Sec. 17. Firearm commerce modernization. Sec. 18. Firearm dealer access to law enforcement information. Sec. 19. Interstate transportation of firearms or ammunition. Sec. 20. Preventing duplicative grants. Sec. 21. Project Sentry authorization. Sec. 22. Project Child Safe authorization. Sec. 23. Nonprofit security grant program. Sec. 24. Luke and Alex School Safety Act. Sec. 25. Reauthorization and expansion of the National Threat Assessment Center of the Department of Homeland Security. Sec. 26. Stop gun criminals. Sec. 27. Amendments to enhance certain penalties. Sec. 28. Securing schools. Sec. 29. Improving school security through the COPS ON THE BEAT program. Sec. 30. Student mental health. Sec. 31. Authorization and appropriations of funds. Sec. 32. No Federal funding for abortions. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code; (2) the term ``NICS'' means the National Instant Criminal Background Check System; and (3) the term ``relevant Federal records'' means any record demonstrating that a person is prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code. SEC. 3. REAUTHORIZATION AND IMPROVEMENTS TO NICS. (a) In General.--Section 103 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (2) by amending subsection (f), as so redesignated, to read as follows: ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2027.''; and (3) by inserting after subsection (d) the following: ``(e) Accountability.--All grants awarded by the Attorney General under this section shall be subject to the following accountability provisions: ``(1) Definition.--In this subsection, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. ``(2) Audits.-- ``(A) In general.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to-- ``(i) prevent waste, fraud, and abuse of funds by grantees; and ``(ii) ensure that Federal, State, local, and Tribal records that would disqualify an individual from purchasing or owning a firearm under section 922 of title 18, United States Code, are disclosed in a timely fashion. ``(B) Determination.--The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year. ``(3) Priority.--In awarding grants under this section, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section.''. (b) Modification of Eligibility Requirements.--The NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended-- (1) in section 102(b)(1) (34 U.S.C. 40912(b)(1))-- (A) in subparagraph (A), by striking ``subparagraph (C)'' and inserting ``subparagraph (B)''; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (2) in section 103(a)(1) (34 U.S.C. 40913(a)(1)), by striking ``and subject to section 102(b)(1)(B)''; and (3) in section 104(d) (34 U.S.C. 40914(d)), by striking ``section 102(b)(1)(C)'' and inserting ``section 102(b)(1)(B)''. SEC. 4. AVAILABILITY OF RECORDS TO NICS. (a) Guidance.--Not later than 45 days after the date of enactment of this Act, the Attorney General shall issue guidance regarding-- (1) the identification and sharing of relevant Federal records; and (2) submission of the relevant Federal records to NICS. (b) Prioritization of Records.--Each agency that possesses relevant Federal records shall prioritize providing the relevant information contained in the relevant Federal records to NICS on a regular and ongoing basis in accordance with the guidance issued by the Attorney General under subsection (a). (c) Reports.--Not later than 60 days after the Attorney General issues guidance under subsection (a), the head of each agency shall submit a report to the Attorney General that-- (1) advises whether the agency possesses relevant Federal records; and (2) describes the implementation plan of the agency for making the relevant information contained in relevant Federal records available to NICS in a manner consistent with applicable law. (d) Determination of Relevance.--The Attorney General shall resolve any dispute regarding whether-- (1) agency records are relevant Federal records; and (2) the relevant Federal records of an agency should be made available to NICS. SEC. 5. REPORTS AND CERTIFICATIONS TO CONGRESS. (a) NICS Reports.--Not later than October 1, 2022, and every year thereafter, the head of each agency that possesses relevant Federal records shall submit a report to Congress that includes-- (1) a description of the relevant Federal records possessed by the agency that can be shared with NICS in a manner consistent with applicable law; (2) the number of relevant Federal records the agency submitted to NICS during the reporting period; (3) efforts made to increase the percentage of relevant Federal records possessed by the agency that are submitted to NICS; (4) any obstacles to increasing the percentage of relevant Federal records possessed by the agency that are submitted to NICS; (5) measures put in place to provide notice and programs for relief from disabilities as required under the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) if the agency makes qualifying adjudications relating to the mental health of an individual; (6) measures put in place to correct, modify, or remove records available to NICS when the basis on which the records were made available no longer applies; and (7) additional steps that will be taken during the 1-year period after the submission of the report to improve the processes by which relevant Federal records are-- (A) identified; (B) made available to NICS; and (C) corrected, modified, or removed from NICS. (b) Certifications.-- (1) In general.--The annual report requirement in subsection (a) shall not apply to an agency that, as part of a report required to be submitted under subsection (a), provides certification that the agency has-- (A) made available to NICS relevant Federal records that can be shared in a manner consistent with applicable law; (B) a plan to make any relevant Federal records available to NICS and a description of that plan; and (C) a plan to update, modify, or remove records electronically from NICS not less than quarterly as required by the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) and a description of that plan. (2) Frequency.--Each agency that is not required to submit annual reports under [[Page S3087]] paragraph (1) shall submit an annual certification to Congress attesting that the agency continues to submit relevant Federal records to NICS and has corrected, modified, or removed records available to NICS when the basis on which the records were made available no longer applies. (c) Reports to Congress on Firearms Prosecutions.-- (1) Report to congress.--Beginning February 1, 2023, and on February 1 of each year thereafter through 2032, the Attorney General shall submit to the Committees on the Judiciary and Committees on Appropriations of the Senate and the House of Representatives a report of information gathered under this subsection during the fiscal year that ended on September 30 of the preceding year. (2) Subject of annual report.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall require each component of the Department of Justice, including each United States Attorney's Office, to furnish for the purposes of the report described in paragraph (1), information relating to any case presented to the Department of Justice for review or prosecution, in which the objective facts of the case provide probable cause to believe that there has been a violation of sections 922 and 924 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986. (3) Elements of annual report.--With respect to each case described in paragraph (2), the report submitted under paragraph (1) shall include information indicating-- (A) whether in any such case, a decision has been made not to charge an individual with a violation of sections 922 and 924 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986, or any other violation of Federal criminal law; (B) in any case described in subparagraph (A), a description of why no charge was filed under sections 922 and 924 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986; (C) whether in any case described in paragraph (2), an indictment, information, or other charge has been brought against any person, or the matter is pending; (D) whether, in the case of an indictment, information, or other charge described in subparagraph (C), the charging document contains a count or counts alleging a violation of sections 922 and 924 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986; (E) in any case described in subparagraph (D) in which the charging document contains a count or counts alleging a violation of sections 922 and 924 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986, whether a plea agreement of any kind has been entered into with such charged individual; (F) whether any plea agreement described in subparagraph (E) required that the individual plead guilty, to enter a plea of nolo contendere, or otherwise caused a court to enter a conviction against that individual for a violation of sections 922 and 924 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986; (G) in any case described in subparagraph (F) in which the plea agreement did not require that the individual plead guilty, enter a plea of nolo contendere, or otherwise cause a court to enter a conviction against that individual for a violation of sections 922 and 924 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986, identification of the charges to which that individual did plead guilty; (H) in the case of an indictment, information, or other charge described in subparagraph (C), in which the charging document contains a count or counts alleging a violation of sections 922 and 924 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986, the result of any trial of such charges (guilty, not guilty, mistrial); (I) in the case of an indictment, information, or other charge described in subparagraph (C), in which the charging document did not contain a count or counts alleging a violation of sections 922 and 924 of title 18, United States Code, and section 5861 of the Internal Revenue Code of 1986, the nature of the other charges brought and the result of any trial of such other charges as have been brought (guilty, not guilty, mistrial); (J) the number of persons who attempted to purchase a firearm but were denied because of a background check conducted in accordance with section 922(t) of title 18, United States Code; and (K) the number of prosecutions conducted in relation to persons described in subparagraph (J). SEC. 6. INCREASING FEDERAL PROSECUTION OF GUN VIOLENCE. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish in jurisdictions specified in subsection (c) a program that meets the requirements of subsection (b), to be known as the ``Nationwide Project Exile Expansion''. (b) Program Elements.--Each program established under subsection (a) shall, for the jurisdiction concerned-- (1) provide for coordination with State and local law enforcement officials in the identification of violations of Federal firearms laws with an emphasis on the use of firearms in violation of Federal law in the commission of crimes of violence, Federal drug trafficking offenses, and Federal crimes of terrorism; (2) provide for the establishment of agreements with State and local law enforcement officials for the referral to Federal law enforcement, including the Federal Bureau of Investigation and the Drug Enforcement Administration, and the United States Attorney for prosecution of persons arrested for violations of section 922 or section 924 of title 18, United States Code, or section 5861 of the Internal Revenue Code of 1986, relating to firearms; (3) provide for the establishment of multijurisdictional task forces, coordinated by the Executive Office of the United States attorneys to investigate and prosecute illegal straw purchasing rings that purchase firearms in one jurisdiction and transfer them to another; (4) require that the United States attorney designate not less than 1 assistant United States attorney to prosecute violations of Federal firearms laws; and (5) ensure that each person referred to the United States attorney for use of firearms in violation of Federal law in the commission of crimes of violence, Federal drug trafficking offenses, or other Federal crimes of terrorism under paragraph (2) be charged with a violation of the most serious Federal firearm offense consistent with the act committed. (c) Covered Jurisdictions.-- (1) In general.--Subject to paragraph (2), the jurisdictions specified in this subsection are-- (A) the 10 jurisdictions with a population equal to or greater than 100,000 persons that had the highest total number of homicides according to the uniform crime report of the Federal Bureau of Investigation for the most recent year available; (B) the 5 jurisdictions with such a population, other than the jurisdictions covered by paragraph (1), with the highest per capita rate of homicide according to the uniform crime report of the Federal Bureau of Investigation for the most recent year available; and (C) the 3 tribal jurisdictions that have the highest homicide crime rates, as determined by the Attorney General. (2) Limitation.--The 15 jurisdictions described in subparagraphs (A) and (B) shall not include any jurisdiction other than those within the 50 States. (d) Annual Reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the following information: (1) The number of individuals indicted for such violations of Federal firearms laws during that year by reason of the program. (2) The increase or decrease in the number of individuals indicted for such violations of Federal firearms laws during that year by reason of the program when compared with the year preceding that year. (3) The number of individuals held without bond in anticipation of prosecution by reason of the program. (4) To the extent the information is available, the average length of prison sentence of the individuals convicted of violations of Federal firearms laws by reason of the program. (5) The number of multijurisdiction task forces established and the number of individuals arrested, indicted, convicted or acquitted of charges for violations of the specific crimes listed in subsection (b)(2). (6) The number of individuals suspected of violating a Federal firearm law for whom charges were not filed and a statement of why charges were not filed. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out the program under this section $150,000,000 for each of fiscal years 2023 through 2025, which shall be used for salaries and expenses of assistant United States attorneys. (2) Use of funds for assistant united states attorneys.-- The assistant United States attorneys hired using amounts authorized to be appropriated under paragraph (1) shall prosecute violations of Federal firearms laws in accordance with subsection (b)(2). SEC. 7. PROSECUTION OF FELONS AND FUGITIVES WHO ATTEMPT TO ILLEGALLY PURCHASE FIREARMS. (a) Task Force.-- (1) Establishment.--There is established a task force within the Department of Justice, which shall be known as the Felon and Fugitive Firearm Task Force (referred to in this section as the ``Task Force''), to strengthen the efforts of the Department of Justice to investigate and prosecute cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm. (2) Membership.--The members of the Task Force shall be-- (A) the Deputy Attorney General, who shall serve as the Chairperson of the Task Force; (B) the Assistant Attorney General for the Criminal Division; (C) the Director of the Federal Bureau of Investigation; and (D) such other officers or employees of the Department of Justice as the Attorney General may designate. (3) Duties.--The Task Force shall-- (A) provide direction for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; and (B) provide recommendations to the Attorney General relating to-- [[Page S3088]] (i) the allocation and reallocation of resources of the Department of Justice for investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; (ii) enhancing cooperation among agencies and entities of the Federal Government in the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; (iii) enhancing cooperation among Federal, State, and local authorities responsible for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; and (iv) changes in rules, regulations, or policy to improve the effective investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm. (4) Meetings.--The Task Force shall meet not less than once a year. (5) Termination.--The Task Force shall terminate on the date that is 5 years after the date of enactment of this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2027. SEC. 8. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF JUSTICE. The Department of Justice, and any of the law enforcement coordinate agencies of the Department of Justice, shall not conduct any operation where a Federal firearms licensee is directed, instructed, enticed, or otherwise encouraged by the Department of Justice to sell a firearm to an individual if the Department of Justice, or a coordinate agency, knows or has reasonable cause to believe that such an individual is purchasing on behalf of another for an illegal purpose unless the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Criminal Division personally reviews and approves the operation, in writing, and determines that the agency has prepared an operational plan that includes sufficient safeguards to prevent firearms from being transferred to third parties without law enforcement taking reasonable steps to lawfully interdict those firearms. SEC. 9. STRAW PURCHASING OF FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Straw purchasing of firearms ``(a) Definitions.--For purposes of this section-- ``(1) the term `crime of violence' has the meaning given that term in section 924(c)(3); ``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and ``(3) the term `Federal crime of terrorism' has the meaning given that term in section 2332b(g). ``(b) Offense.--It shall be unlawful for any person to-- ``(1) purchase or otherwise obtain a firearm, which has been shipped, transported, or received in interstate or foreign commerce, for or on behalf of any other person who the person purchasing or otherwise obtaining the firearm knows-- ``(A) is prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922; ``(B) intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; ``(C) intends to engage in conduct that would constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism if the conduct had occurred within the United States; or ``(D) is not a resident of any State and is not a citizen or lawful permanent resident of the United States; or ``(2) willfully procure another to engage in conduct described in paragraph (1). ``(c) Penalty.--Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 15 years, or both. ``Sec. 933. Trafficking in firearms ``(a) Definitions.--For purposes of this section-- ``(1) the term `crime of violence' has the meaning given that term in section 924(c)(3); ``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and ``(3) the term `Federal crime of terrorism' has the meaning given that term in section 2332b(g). ``(b) Offense.--It shall be unlawful for any person to-- ``(1) ship, transport, transfer, or otherwise dispose of two or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the transferor knows that the use, carrying, or possession of a firearm by the transferee would violate subsection (g) or (n) of section 922, or constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; ``(2) receive from another person two or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient-- ``(A) knows that such receipt would violate subsection (g) or (n) of section 922; or ``(B) intends to use the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; or ``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2). ``(c) Penalties.-- ``(1) In general.--Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 15 years, or both. ``(2) Organizer.--If a violation of subsection (b) is committed by a person acting in concert with other persons as an organizer, leader, supervisor, or manager, the person shall be fined under this title, imprisoned not more than 20 years, or both. ``(d) Rule of Construction.--Nothing in section 922 or 932 shall be construed to-- ``(1) prohibit a person who is eligible to receive and possess firearms from purchasing a firearm for another person who is eligible to receive and possess firearms; or ``(2) prohibit or limit purchases or transfers of legally manufactured firearms between individuals who are not prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 931 the following: ``932. Straw purchasing of firearms. ``933. Trafficking in firearms.''. (c) Directive to the Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. SEC. 10. INCREASED PENALTIES FOR LYING AND BUYING. Section 924(a)(1) of title 18, United States Code, is amended in the undesignated matter following subparagraph (D) by striking ``five years'' and inserting the following: ``5 years (or, in the case of a violation under subparagraph (A), not more than 10 years)''. SEC. 11. AMENDMENTS TO SECTION 924(A). Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``(d), (g),''; and (2) by adding at the end the following: ``(8) Whoever knowingly violates subsection (d), (g), or (n) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both.''. SEC. 12. AMENDMENTS TO SECTION 924(H). Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: ``(h) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), a Federal crime of terrorism (as defined in section 2332b(g)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), shall be imprisoned not more than 15 years, fined in accordance with this title, or both.''. SEC. 13. AMENDMENTS TO SECTION 924(K). Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: ``(k)(1) A person who, with intent to engage in or promote conduct that-- ``(A) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; ``(B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); ``(C) constitutes a crime of violence (as defined in subsection (c)(3)); or ``(D) constitutes a Federal crime of terrorism (as defined in section 2332b(g)), smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. ``(2) A person who, with intent to engage in or to promote conduct that-- ``(A) would be punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or ``(B) would constitute a crime of violence (as defined in subsection (c)(3)) or a Federal crime of terrorism (as defined in section [[Page S3089]] 2332b(g)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.''. SEC. 14. MULTIPLE SALES REPORTS FOR RIFLES AND SHOTGUNS. Section 923(g)(5) of title 18, United States Code, is amended by adding at the end the following: ``(C) The Attorney General may not require a licensee to submit ongoing or periodic reporting of the sale or other disposition of 2 or more rifles or shotguns during a specified period of time.''. SEC. 15. STUDY BY THE NATIONAL INSTITUTES OF JUSTICE AND NATIONAL ACADEMY OF SCIENCES ON THE CAUSES OF MASS SHOOTINGS. (a) In General.-- (1) Study.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall instruct the Director of the National Institutes of Justice, to conduct a peer-reviewed study to examine various sources and causes of mass shootings including psychological factors, the impact of violent video games, and other factors. The Director shall enter into a contract with the National Academy of Sciences to conduct this study jointly with an independent panel of 5 experts appointed by the Academy. (2) Report.--Not later than 1 year after the date on which the study required under paragraph (1) begins, the Directors shall submit to Congress a report detailing the findings of the study. (b) Issues Examined.--The study conducted under subsection (a)(1) shall examine-- (1) mental illness; (2) the availability of mental health and other resources and strategies to help families detect and counter tendencies toward violence; (3) the availability of mental health and other resources at schools to help detect and counter tendencies of students towards violence; (4) the extent to which perpetrators of mass shootings, either alleged, convicted, deceased, or otherwise, played violent or adult-themed video games and whether the perpetrators of mass shootings discussed, planned, or used violent or adult-themed video games in preparation of or to assist in carrying out their violent actions; (5) familial relationships, including the level of involvement and awareness of parents; (6) exposure to bullying; and (7) the extent to which perpetrators of mass shootings were acting in a ``copycat'' manner based upon previous violent events. SEC. 16. REPORTS TO CONGRESS REGARDING AMMUNITION PURCHASES BY FEDERAL AGENCIES. Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget, shall report to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Chairmen and Ranking Members of the House and Senate Committees on Appropriations and the Committees on the Judiciary, the House Committee on Homeland Security, the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Oversight and Reform, a report including-- (1) details of all purchases of ammunition by each Federal agency; (2) a summary of all purchases, solicitations, and expenditures on ammunition by each Federal agency; (3) a summary of all the rounds of ammunition expended by each Federal agency and a current listing of stockpiled ammunition for each Federal agency; and (4) an estimate of future ammunition needs and purchases for each Federal agency for the next fiscal year. SEC. 17. FIREARM COMMERCE MODERNIZATION. (a) Firearms Dispositions.--Section 922(b)(3) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``located'' and inserting ``located or temporarily located''; and (2) in subparagraph (A)-- (A) by striking ``rifle or shotgun'' and inserting ``firearm''; (B) by striking ``located'' and inserting ``located or temporarily located''; and (C) by striking ``both such States'' and inserting ``the State in which the transfer is conducted and the State of residence of the transferee''. (b) Dealer Location.--Section 923 of title 18, United States Code, is amended-- (1) in subsection (j)-- (A) in the first sentence, by striking ``, and such location is in the State which is specified on the license''; and (B) in the last sentence-- (i) by inserting ``transfer,'' after ``sell,''; and (ii) by striking ``Act,'' and all that follows and inserting ``Act.''; and (2) by adding at the end the following: ``(m) Nothing in this chapter shall be construed to prohibit the sale, transfer, delivery, or other disposition of a firearm or ammunition-- ``(1) by a person licensed under this chapter to another person so licensed, at any location in any State; or ``(2) by a licensed importer, licensed manufacturer, or licensed dealer to a person not licensed under this chapter, at a temporary location described in subsection (j) in any State.''. (c) Residence of United States Officers.--Section 921 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) For purposes of this chapter: ``(1) A member of the Armed Forces on active duty, or a spouse of such a member, is a resident of-- ``(A) the State in which the member or spouse maintains legal residence; ``(B) the State in which the permanent duty station of the member is located; and ``(C) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member. ``(2) An officer or employee of the United States (other than a member of the Armed Forces) who is stationed outside the United States for a period of more than 1 year, and a spouse of such an officer or employee, is a resident of the State in which the person maintains legal residence.''. SEC. 18. FIREARM DEALER ACCESS TO LAW ENFORCEMENT INFORMATION. (a) In General.--Section 103(b) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), is amended-- (1) by striking ``Not later than'' and inserting the following: ``(1) In general.--Not later than''; and (2) by adding at the end the following: ``(2) Voluntary background checks.-- ``(A) In general.--Not later than 90 days after the date of enactment of the Safe Kids, Safe Schools, Safe Communities Act of 2022, the Attorney General shall promulgate regulations allowing licensees to use the national instant criminal background check system established under this section for purposes of conducting voluntary, no fee employment background checks on current or prospective employees. ``(B) Notice.--Before conducting an employment background check relating to an individual under subparagraph (A), a licensee shall-- ``(i) provide written notice to the individual that the licensee intends to conduct the background check; and ``(ii) obtain consent to conduct the background check from the individual in writing. ``(C) Exemption.--An employment background check conducted by a licensee under subparagraph (A) shall not be governed by the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). ``(D) Appeal.--Any individual who is the subject of an employment background check conducted by a licensee under subparagraph (A) the result of which indicates that the individual is prohibited from possessing a firearm or ammunition pursuant to subsection (g) or (n) of section 922 of title 18, United States Code, may appeal the results of the background check in the same manner and to the same extent as if the individual had been the subject of a background check relating to the transfer of a firearm.''. (b) Acquisition, Preservation, and Exchange of Identification Records and Information.--Section 534 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (4) the following: ``(5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen.''; and (2) in subsection (b), by inserting ``, except for dissemination authorized under subsection (a)(5) of this section'' before the period. (c) Regulations.--Not later than 90 days after the date of enactment of this Act, and without regard to chapter 5 of title 5, United States Code, the Attorney General shall promulgate regulations allowing a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, to receive access to records of stolen firearms maintained by the National Crime Information Center operated by the Federal Bureau of Investigation, solely for the purpose of voluntarily verifying whether firearms offered for sale to such licensees have been stolen. (d) Statutory Construction; Evidence.-- (1) Statutory construction.--Nothing in this section or the amendments made by this section shall be construed-- (A) to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, or any other person for any civil liability; or (B) to establish any standard of care. (2) Evidence.--Notwithstanding any other provision of law, evidence regarding the use or non-use by a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, of the systems, information, or records made available under this section or the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. [[Page S3090]] SEC. 19. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION. (a) In General.--Section 926A of title 18, United States Code, is amended to read as follows: ``Sec. 926A. Interstate transportation of firearms or ammunition ``(a) Definition.--In this section, the term `transport' includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport. ``(b) Authorization.--Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to-- ``(1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation-- ``(A) the firearm is unloaded; and ``(B)(i) if the transportation is by motor vehicle-- ``(I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or ``(II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is-- ``(aa) in a locked container other than the glove compartment or console; or ``(bb) secured by a secure gun storage or safety device; or ``(ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and ``(2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation-- ``(A) the ammunition is not loaded into a firearm; and ``(B)(i) if the transportation is by motor vehicle-- ``(I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or ``(II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or ``(ii) if the transportation is by other means, the ammunition is in a locked container. ``(c) State Law.-- ``(1) Arrest authority.--A person who is transporting a firearm or ammunition may not be-- ``(A) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause to believe that the transportation is not in accordance with subsection (b); or ``(B) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b). ``(2) Prosecution.-- ``(A) Burden of proof.--If a person asserts this section as a defense in a criminal proceeding, the government shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person was not in accordance with subsection (b). ``(B) Prevailing defendant.--If a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant reasonable attorney's fees.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following: ``926A. Interstate transportation of firearms or ammunition.''. SEC. 20. PREVENTING DUPLICATIVE GRANTS. Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following: ``(n) Preventing Duplicative Grants.-- ``(1) In general.--Before the Attorney General awards a grant to an applicant under this part, the Attorney General shall compare potential grant awards with grants awarded under part A or T to determine if duplicate grant awards are awarded for the same purpose. ``(2) Report.--If the Attorney General awards duplicate grants to the same applicant for the same purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- ``(A) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and ``(B) the reason the Attorney General awarded the duplicate grants.''. SEC. 21. PROJECT SENTRY AUTHORIZATION. (a) In General.--In addition to amounts otherwise available, there is appropriated to the Attorney General, out of any money in the Treasury not otherwise appropriated, $9,000,000 to support Project Sentry, a Federal-State law enforcement partnership to-- (1) identify and prosecute juveniles who violate State and Federal firearms laws and the adults who supply the juveniles with firearms; and (2) hire an attorney for each United States attorney who will focus on firearm crimes involving or affecting juveniles, including school-related violence and trafficking firearms to minors. (b) Additional Appropriations.--Of amounts made available under section 31 of this Act, $20,000,000 shall be made available to Project Sentry described in subsection (a) to establish safe school task forces across the United States that will-- (1) prosecute and supervise juveniles who carry or use firearms illegally; and (2) prosecute adults who illegally furnish firearms to the juveniles described in paragraph (1). (c) Emergency Designation.-- (1) In general.--The amounts provided under this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in the senate and the house.--This section is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. SEC. 22. PROJECT CHILD SAFE AUTHORIZATION. (a) In General.--There is appropriated to the Attorney General $75,000,000 for Child Safe, a program that will provide funds to ensure child-safety locks are available for every handgun in the United States. (b) Grants.-- (1) In general.--Of the amounts made available under subsection (a)-- (A) $65,000,000 shall be used by the Assistant Attorney General of the Office of Justice Programs to award grants to State and local governments and private organizations to provide locks for handguns in the United States, to be distributed by local municipalities or private organizations; and (B) $10,000,000 shall be used on administrative costs and advertising, including a national toll-free hotline to make sure all parents are aware of the program described in that subsection. (2) Matching requirement.-- (A) In general.--An entity receiving a grant under this section shall provide non-Federal matching funds equal to not less than 100 percent of the amount of the grant. (B) In-kind support.--Matching funds may include in-kind support. (c) Emergency Designation.-- (1) In general.--The amounts provided under this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in the senate and the house.--This section is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. SEC. 23. NONPROFIT SECURITY GRANT PROGRAM. Section 2009 of the Homeland Security Act of 2002 (6 U.S.C. 609a) is amended-- (1) in subsection (e), by striking ``2020 through 2024'' and inserting ``2023 through 2030''; (2) by redesignating subsection (f) as subsection (i); (3) by inserting after subsection (e) the following: ``(f) Feedback.-- ``(1) In general.--If the Administrator denies an application for a grant under this section, not later than 120 days after the date of the denial, the Administrator shall-- ``(A) notify the applicant; and ``(B) provide an explanation for the denial. ``(2) Explanation.--An explanation described in paragraph (1)(B) shall include information identifying the reason for the denial of the application, including-- ``(A) any factors that led to a lower score or rank compared to other applicants; and ``(B) an identification of any deficiencies in the application. ``(g) Administrative Costs and Technical Assistance.--A State through which the Administrator makes a grant to an eligible nonprofit organization under this section shall receive a 5 percent increase in the amount of the grant-- ``(1) for administrative costs; and ``(2) to provide technical assistance to the eligible nonprofit organization. ``(h) Application Update and Improvements.-- ``(1) Public meeting.--Not later than 90 days after the date of enactment of the Safe Kids, Safe Schools, Safe Communities Act of 2022, the Administrator shall hold a public meeting to solicit recommendations on updating the application process for a grant under this section. ``(2) Report.--Not later than 180 days after the date of enactment of the Safe Kids, Safe Schools, Safe Communities Act of 2022, the Administrator shall-- ``(A) develop recommendations to modernize and update the application process for a grant under this section, which shall include considerations for-- ``(i) establishing a more streamlined application process; ``(ii) establishing greater uniformity in the application process among all applicants and the guidance provided to States through [[Page S3091]] which the Administrator makes grants to eligible nonprofit organizations under this section; ``(iii) ensuring that the application template is compatible with the latest or most widely used version of software programs; and ``(iv) coordinating with the Administrator of General Services to ensure that applications submitted under this section are compatible across online platforms of the Federal Government; and ``(B) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes-- ``(i) the recommendations developed under subparagraph (A); and ``(ii) a description of whether the recommendations developed under subparagraph (A) are consistent with feedback received at the public meeting required under paragraph (1). ``(3) Implementation of recommendations.--Not later than 270 days after the date of enactment of the Safe Kids, Safe Schools, Safe Communities Act of 2022, the Administrator shall implement the recommendations developed under paragraph (2)(A). ``(4) Paperwork reduction act waiver.--For the purpose of meeting the deadlines established under this subsection, the Secretary may waive the application of subchapter I of chapter 35 of title 44, United States Code, to the requirements of this subsection.''; and (4) in subsection (i), as so redesignated-- (A) in paragraph (1), by striking ``$75 million for each of fiscal years 2020 through 2024'' and inserting ``$540,000,000 for each of fiscal years 2023 through 2030''; (B) by striking paragraph (2); and (C) by adding at the end the following: ``(2) High-risk urban areas.--Of the amounts made available to carry out this section for each of fiscal years 2023 through 2030, not less than 0.35 percent shall be for grants to eligible recipients located in each high-risk urban area receiving grants under section 2003. ``(3) Salaries and expenses.--Of the amounts made available to carry out this section in any fiscal year, the Administrator may transfer to another account of the Federal Emergency Management Agency not more than 3 percent for salaries and administrative expenses, including any necessary expenses to provide feedback or technical assistance to applicants for a grant under this section in accordance with subsection (g).''. SEC. 24. LUKE AND ALEX SCHOOL SAFETY ACT. (a) In General.-- (1) Amendment.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following: ``SEC. 2220D. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(3) Personnel.-- ``(A) Assignments.--The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this section. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply for the purposes of carrying out this section. ``(b) Clearinghouse Contents.-- ``(1) Consultation.--In identifying the best practices and recommendations for the Clearinghouse, the Secretary may consult with appropriate Federal, State, local, Tribal, private sector, and nongovernmental organizations. ``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum-- ``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation; ``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including-- ``(i) relevant research that is evidence-based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(d) Continuous Improvement.--The Secretary shall-- ``(1) collect for the purpose of continuous improvement of the Clearinghouse-- ``(A) Clearinghouse data analytics; ``(B) user feedback on the implementation of resources, best practices, and recommendations identified by the Clearinghouse; and ``(C) any evaluations conducted on implementation of the best practices and recommendations of the Clearinghouse; and ``(2) in coordination with the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General-- ``(A) regularly assess and identify Clearinghouse best practices and recommendations for which there are no resources available through Federal Government programs for implementation; and ``(B) establish an external advisory board, which shall be comprised of appropriate State, local, Tribal, private sector, and nongovernmental organizations, including organizations representing parents of elementary and secondary school students, to-- ``(i) provide feedback on the implementation of best practices and recommendations of the Clearinghouse; and ``(ii) propose additional recommendations for best practices for inclusion in the Clearinghouse. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. (2) Technical amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by inserting after the item relating to section 2220C the following: ``Sec. 2220D. Federal Clearinghouse on School Safety Best Practices.''. (b) Notification of Clearinghouse.-- (1) Notification by the secretary of education.--The Secretary of Education shall provide written notification of the publication of the Federal Clearinghouse on School Safety Best Practices (referred to in this subsection and subsection (c) as the ``Clearinghouse''), as required to be established under section 2220D of the Homeland Security Act of 2002, as added by subsection (a) of this section, to-- (A) every State and local educational agency; and (B) other Department of Education partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Education. (2) Notification by the secretary of homeland security.-- The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2220D of the Homeland Security Act of 2002, as added by subsection (a) of this section, to-- (A) every State homeland security advisor; (B) every State department of homeland security; and (C) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (3) Notification by the secretary of health and human services.--The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2220D of the Homeland Security Act of 2002, as added by subsection (a) of this section, to-- (A) every State department of public health; and (B) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. [[Page S3092]] (4) Notification by the attorney general.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2220D of the Homeland Security Act of 2002, as added by subsection (a) of this section, to-- (A) every State department of justice; and (B) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. (c) Grant Program Review.-- (1) Federal grants and resources.--The Secretary of Education, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall each-- (A) review grant programs administered by their respective agency and identify any grant program that may be used to implement best practices and recommendations of the Clearinghouse; (B) identify any best practices and recommendations of the Clearinghouse for which there is not a Federal grant program that may be used for the purposes of implementing the best practice or recommendation as applicable to the agency; and (C) periodically report any findings under subparagraph (B) to the appropriate committees of Congress. (2) State grants and resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (A) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (B) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (C) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. (d) Rules of Construction.-- (1) Waiver of requirements.--Nothing in this section or the amendments made by this section shall be construed to create, satisfy, or waive any requirement under-- (A) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); (B) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); (C) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); (D) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (E) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). (2) Prohibition on federally developed, mandated, or endorsed curriculum.--Nothing in this section or the amendments made by this section shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)). SEC. 25. REAUTHORIZATION AND EXPANSION OF THE NATIONAL THREAT ASSESSMENT CENTER OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Chapter 203 of title 18, United States Code, is amended by inserting after section 3056A the following: ``Sec. 3056B. Functions of the National Threat Assessment Center of the United States Secret Service ``(a) In General.--There is established a National Threat Assessment Center (in this section referred to as the `Center'), to be operated by the United States Secret Service, at the direction of the Secretary of Homeland Security. ``(b) Functions.--The functions of the Center shall include the following: ``(1) Training in the area of best practices on threat assessment. ``(2) Consultation on complex threat assessment cases or programs. ``(3) Research on threat assessment and the prevention of targeted violence, consistent with evidence-based standards and existing laws and regulations. ``(4) Facilitation of information sharing on threat assessment and the prevention of targeted violence among agencies with protective or public safety responsibilities, as well as other public or private entities. ``(5) Development of evidence-based programs to promote the standardization of Federal, State, and local threat assessments, best practices in investigations involving threats, and the prevention of targeted violence. ``(c) Safe School Initiative.--In carrying out the functions described in subsection (b), the Center shall establish a national program on targeted school violence prevention, focusing on the following activities: ``(1) Research.--The Center shall-- ``(A) conduct research into targeted school violence and evidence-based practices in targeted school violence prevention, including school threat assessment; and ``(B) publish the findings of the Center on the public website of the United States Secret Service. ``(2) Training.-- ``(A) In general.--The Center shall develop and offer training courses on targeted school violence prevention to agencies with protective or public safety responsibilities and other public or private entities, including local educational agencies. ``(B) Plan.--Not later than 1 year after the date of enactment of this section, the Center shall establish a plan to offer its training and other educational resources to public or private entities within each State. ``(3) Coordination with other federal agencies.--The Center shall develop research and training programs under this section in coordination with the Department of Justice, the Department of Education, and the Department of Health and Human Services. ``(4) Consultation with entities outside the federal government.--The Center is authorized to consult with State and local educational, law enforcement, and mental health officials and private entities in the development of research and training programs under this section. ``(5) Interactive website.--The Center may create an interactive website to disseminate information and data on evidence-based practices in targeted school violence prevention. ``(d) Hiring of Additional Personnel.--The Director of the United States Secret Service may hire additional personnel to comply with the requirements of this section, which, if the Director exercises that authority, shall include-- ``(1) at least 1 employee with expertise in child psychological development; and ``(2) at least 1 employee with expertise in school threat assessment. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out the functions of the Center $10,000,000 for each of fiscal years 2023 through 2026. ``(f) Report to Congress.--Not later than 2 years after the date of enactment of this section, the Director of the Secret Service shall submit to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary and the Committee on Education and Labor of the House of Representatives a report on actions taken by the United States Secret Service to implement provisions of this section, which shall include-- ``(1) the number of employees hired (on a full-time equivalent basis); ``(2) the number of individuals in each State trained in threat assessment; ``(3) the number of school districts in each State trained in school threat assessment or targeted school violence prevention; ``(4) information on Federal, State, and local agencies trained or otherwise assisted by the Center; ``(5) a formal evaluation indicating whether the training and other assistance provided by the Center is effective; ``(6) a formal evaluation indicating whether the training and other assistance provided by the Center was implemented by the school; ``(7) a summary of the Center's research activities and findings; and ``(8) a strategic plan for disseminating the Center's educational and training resources to each State. ``(g) Definitions.--In this section-- ``(1) the term `evidence-based' means-- ``(A) strong evidence from at least 1 well-designed and well-implemented experimental study; ``(B) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or ``(C) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; ``(2) the term `local educational agency' has the meaning given that term under section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and ``(3) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(h) No Funds To Provide Firearms Training.--None of the funds authorized to be appropriated under this section may be used to train any person in the use of a firearm. ``(i) No Effect on Other Laws.--Nothing in this section may be construed to preclude or contradict any other provision of law authorizing training in the use of firearms.''. (b) Technical and Conforming Amendments.-- (1) Section 4 of the Presidential Threat Protection Act of 2000 (18 U.S.C. 3056 note) is repealed. (2) The table of sections for chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3056A the following: ``3056B. Functions of the National Threat Assessment Center of the United States Secret Service.''. SEC. 26. STOP GUN CRIMINALS. (a) Amendments to the Armed Career Criminal Act.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(2)-- (A) by striking ``violates subsection'' and inserting the following: ``violates-- ``(A) subsection''; (B) in subparagraph (A), as so designated, by striking ``(g)''; (C) by striking the period at the end and inserting ``; or' '' and (D) by adding at the end the following: ``(B) section 922(g) shall be-- ``(i) fined as provided in this title; and ``(ii) except as provided in subsection (e) of this section, imprisoned not less than 5 years and not more than 10 years.''; (2) in subsection (c)(1)(A)-- [[Page S3093]] (A) in clause (i), by striking ``5 years'' and inserting ``7 years''; (B) in clause (ii), by striking ``7 years'' and inserting ``10 years''; and (C) in clause (iii), by striking ``10 years'' and inserting ``15 years''; and (3) by striking subsection (e) and inserting the following: ``(e)(1) Whoever knowingly violates section 922(g) and has 3 or more previous serious felony convictions for offenses committed on occasions different from one another shall be fined under this title and imprisoned not less than 15 years and not more than 30 years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g). ``(2) In this subsection-- ``(A) the term `offense punishable by imprisonment for a statutory maximum term of not less than 10 years' includes an offense (without regard to the application of any sentencing guideline, statutory criterion, or judgment that may provide for a shorter period of imprisonment within the statutory sentencing range) for which the statute provides for a range in the period of imprisonment that may be imposed at sentencing the maximum term of which is not less than 10 years; and ``(B) the term `serious felony conviction' means-- ``(i) any conviction by a court referred to in section 922(g)(1) for an offense that, at the time of sentencing, was an offense punishable by imprisonment for a statutory maximum term of not less than 10 years; or ``(ii) any group of convictions for which a court referred to in section 922(g)(1) imposed in the same proceeding or in consolidated proceedings a total term of imprisonment of not less than 10 years, regardless of how many years of that total term the defendant served in custody.''. (b) Applicability.-- (1) In general.--The amendments made by this section relating to offenses committed by an individual who has 3 or more previous serious felony convictions (as defined in subsection (e) of section 924 of title 18, United States Code, as amended by this section) shall apply to any offense committed after the date of enactment of this Act by an individual who, on the date on which the offense is committed, has 3 or more previous serious felony convictions. (2) Rule of construction.--This section and the amendments made by this section shall not be construed to create any right to challenge a sentence imposed under subsection (e) of section 924 of title 18, United States Code. SEC. 27. AMENDMENTS TO ENHANCE CERTAIN PENALTIES. Section 924 of title 18, United States Code, is amended-- (1) by striking subsection (i) and inserting the following: ``(1)(A) A person who knowingly violates section 922(u), or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both. ``(B) In the case of a violation described in subparagraph (A) that occurs during the commission of-- ``(i) a burglary, the term of imprisonment shall be not less than 3 years; or ``(ii) a robbery, the term of imprisonment shall be not less than 5 years. ``(2) In this subsection-- ``(A) the term `burglary' means the unlawful entry into, or remaining in, the business premises of a licensed importer, licensed manufacturer, or licensed dealer with the intent to commit a crime; and ``(B) the term `robbery' has the meaning given the term in section 1951(b).''; and (2) in subsection (m), by inserting ``or attempts to do so,'' after ``or licensed collector,''. SEC. 28. SECURING SCHOOLS. (a) In General.-- (1) Appropriation.--There are authorized to be appropriated, and there are appropriated, to the Secretary of Education to carry out subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111), $2,560,000,000 for fiscal years 2023 to 2032. (2) School security.--The Secretary of Education shall use 50 percent of the funds appropriated under paragraph (1) to carry out clause (v) of section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)). (b) Elementary and Secondary Education Act of 1965.-- Section 4104 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114) is amended in subsection (b)(3)(B)-- (1) in clause (iii), by striking ``and'' at the end; and (2) by inserting after clause (iv) the following: ``(v) improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include-- ``(I) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), which may include-- ``(aa) secured campus external gate or locked doors or check-in points; ``(bb) active shooter alert systems; ``(cc) access control; ``(dd) internal door locks; ``(ee) peepholes for classroom doors; ``(ff) school site alarm and protection systems; ``(gg) metal detectors or x-ray machines (including portable); ``(hh) door locking mechanisms and access control doors; ``(ii) increased lighting on school grounds; ``(jj) emergency call boxes; ``(kk) two-way radios; ``(ll) emergency alerts; ``(mm) surveillance cameras or systems and infrastructure (such as poles and wiring); ``(nn) software costs and warranties; ``(oo) fencing and gating; and ``(pp) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets; ``(II) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; ``(III) implementing technology to provide coordination with law enforcement and notification to relevant law enforcement and first responders during such a situation, which shall include-- ``(aa) emergency planning and preparation; ``(bb) emphasis on a school safety plan with buy in from all elements of the school community, including board members, employees, students, parents, law enforcers, government and business leaders, the media, and local residents; ``(cc) school implementation of threat assessment programs; ``(dd) development of district-based mandatory incident reporting systems; ``(ee) establishment of local school safety advisory groups (including parents, families, judges, first responders, health and human service professionals, and mental health professionals); ``(ff) evidence-based training for school resource officers, school personnel, and students to prevent student violence to enable them to recognize and quickly respond to warning signs; ``(gg) development and operations of anonymous reporting systems; ``(hh) evidence-based school threat assessment and crisis intervention teams; ``(ii) programs to facilitate coordination with local law enforcement; ``(jj) liability and insurance for school districts; ``(kk) trauma-informed training for school staff on responses to active shooter situations; and ``(ll) community engagement for planning and implementing safety policies and procedures; ``(IV) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; ``(V) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet-resistant doors and windows; and ``(VI) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis;''. SEC. 29. IMPROVING SCHOOL SECURITY THROUGH THE COPS ON THE BEAT PROGRAM. Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended-- (1) in paragraph (22), by striking ``and'' at the end; (2) in paragraph (23), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(24) to pay salaries and expenses of school resource officers at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and ``(25) to improve physical school security at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) by obtaining security equipment to protect students in schools and equip law enforcement officers responding to school security issues and installing physical structure improvements, including-- ``(A) fencing, external gates, door locks, and check-in points, to establish a secured campus; ``(B) active shooter alert systems; ``(C) access controls; ``(D) internal door locks; ``(E) school site alarm and protection systems; ``(F) metal detector or x-ray machines (including portable machines); ``(G) ballistic safety equipment for schools and responding law enforcement officers; ``(H) increased lighting on school grounds; ``(I) emergency call boxes; ``(J) two-way radios; ``(K) emergency alert systems; ``(L) surveillance cameras or systems, including infrastructure for such systems such as poles and wiring; [[Page S3094]] ``(M) software costs and warranties; and ``(N) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets.''. SEC. 30. STUDENT MENTAL HEALTH. (a) Student Access to Mental Health Program Fund.-- (1) Definitions.--In this subsection: (A) Eligible school.--The term ``eligible school'' means a school in which the lowest grade at the school is not lower than grade 6 and the highest grade at the school is not higher than grade 12. (B) Secretary.--The term ``Secretary'' means the Secretary of Education. (2) Student access to mental health program fund.-- (A) In general.--From the funds made available to carry out section 2001 of the American Rescue Plan Act of 2021 (20 U.S.C. 3401 note), $10,000,000,000 shall be transferred to establish the ``Student Access to Mental Health Program Fund'', to remain available through September 30, 2031. The Secretary shall use amounts available in such Fund to award grants to States, from allocations under subparagraph (B), to enable the States to support the salary of a mental health professional in eligible schools located in the State. (B) Allocation.--From the amounts available in the Fund established under subparagraph (A), the Secretary shall make an allocation to each State in the same proportion as the number of eligible schools located in the State. (C) Partnership.-- (i) In general.--A State awarded a grant under this subsection shall comply with the following: (I) The State shall use the grant funds to cover the cost of the salary, which shall be not more than $55,000, for 10 years for a mental health professional to serve eligible schools located in the State. Such mental health professional shall serve not more than 5 eligible schools in any school year by rotating among the schools for not less than 1 day a week at each such school. (II) The State shall expend non-Federal funds to pay for the other costs of recruitment, training, and benefits for each such mental health professional, and any other expenses related to such employment. (ii) Conditions of grants.--A State awarded a grant under this subsection shall require that each eligible school served by the grant-- (I) provide to the parents of any student enrolled in the school who has not reached age 19 who meets with a mental health professional employed at the school with all counseling records and mental health assessments for such student; (II) not teach Critical Race Theory or include Critical Race Theory in any school program; and (III) not advocate for abortion or abortion services in any form. (b) Funds for Programs.--The unobligated balance of funds made available to carry out sections 2021 and 6002 of the American Rescue Plan Act of 2021 (Public Law 117-2) shall be transferred to, and evenly divided among, the following programs: (1) Project AWARE State Educational Agency Grant Program carried out by the Secretary of Health and Human Services. (2) Student Support and Academic Enrichment Grant Program carried out by the Secretary of Education. (3) Community Mental Health Services Block Grant Program carried out by the Secretary of Health and Human Services. (4) Children's Mental Health Initiative of the Substance Abuse and Mental Health Services Administration. (c) Best Practices.-- (1) ESEA definitions.--In this subsection, the terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Development and dissemination of best practices .--Not later than 1 year after the date of enactment of this Act, the Administrator of the Substance Abuse and Mental Health Services Administration, the Secretary of Health and Human Services, and the Secretary of Education shall work in consultation to-- (A) develop best practices for identifying warning signs of mental health problems with students and identify warning signs for teachers and administrator that a student is at high-risk for violence, specifically for a mass shooting; (B) develop best practices for identifying warning signs of mental health problems with children and identify warning signs for individuals who work at a social service agency that a child under the age of 18 is at high-risk for violence, specifically for a mass shooting; and (C) disseminate the best practices developed under subparagraphs (A) and (B) to each elementary school and secondary school in the United States, and publish the best practices on a publicly accessible website of the Department of Education and the Substance Abuse and Mental Health Services Administration. (d) GAO Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study on how many elementary schools and secondary schools in the United States have a mental health provider for students, how many students take advantage of the mental health services, the main causes for students to access the services. (2) ESEA definitions.--In this subsection, the terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 31. AUTHORIZATION AND APPROPRIATIONS OF FUNDS. The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act (Public Law 116-136; 134 Stat. 565), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116-260; 134 Stat. 1929), and section 2001 of the American Rescue Plan Act of 2021 (20 U.S.C. 3401 note) shall be transferred to the Secretary to be used to carry out this Act in an amount not to exceed $38,000,000,000. SEC. 32. NO FEDERAL FUNDING FOR ABORTIONS. (a) In General.--No funds authorized or appropriated by this act, and none of the funds in any trust fund to which funds are authorized or appropriated by this act, shall be expended for any abortion or counseling that results in encouraging, facilitating, or referral for an abortion. (b) Health Benefits Coverage.--No funds authorized or appropriated by this act, and none of the funds in any trust fund to which funds are authorized or appropriated this act, shall be expended for health benefits coverage that includes coverage of abortion. (c) Exceptions.--The limitations established in paragraphs (a) and (b) shall not apply to an abortion-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. ____________________