[Pages H5895-H5915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

JOSEPH WOODROW HATCHETT UNITED STATES COURTHOUSE AND FEDERAL BUILDING

Mr. NADLER. Mr. Speaker, pursuant to House Resolution 1204, I call up
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, with the Senate amendments
to the House amendment thereto, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendments to the House amendment.
Senate amendments to House amendment:

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

SECTION 1. JOSEPH WOODROW HATCHETT UNITED STATES COURTHOUSE
AND FEDERAL BUILDING.

(a) Designation.--The United States Courthouse and Federal
Building located at 111 North Adams Street in Tallahassee,
Florida, shall be known and designated as the ``Joseph
Woodrow Hatchett United States Courthouse and Federal
Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
United States Courthouse and Federal Building referred to in
subsection (a) shall be deemed to be a reference to the
``Joseph Woodrow Hatchett United States Courthouse and
Federal Building''.

SEC. 2. LYNN C. WOOLSEY POST OFFICE BUILDING.

(a) Designation.--The facility of the United States Postal
Service located at 120 4th Street in Petaluma, California,
shall be known and designated as the ``Lynn C. Woolsey Post
Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Lynn C. Woolsey Post Office Building''.

SEC. 3. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Bipartisan
Safer Communities Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Joseph Woodrow Hatchett United States Courthouse and Federal
Building.
Sec. 2. Lynn C. Woolsey Post Office Building.
Sec. 3. Short title; table of contents.

DIVISION A--MENTAL HEALTH AND FIREARMS PROVISIONS

TITLE I--CHILDREN AND FAMILY MENTAL HEALTH SERVICES

Sec. 11001. Expansion of community mental health services demonstration
program.
Sec. 11002. Medicaid and telehealth.
Sec. 11003. Supporting access to health care services in schools.
Sec. 11004. Review of State implementation of early and periodic
screening, diagnostic, and treatment services.
Sec. 11005. Pediatric mental health care access grants.

TITLE II--FIREARMS

Sec. 12001. Juvenile records.
Sec. 12002. Defining ``engaged in the business''.
Sec. 12003. Use of Byrne grants for implementation of State crisis
intervention programs.
Sec. 12004. Stop Illegal Trafficking in Firearms Act.

[[Page H5896]]

Sec. 12005. Misdemeanor crime of domestic violence.

TITLE III--OTHER MATTERS

Subtitle A--Extension of Moratorium

Sec. 13101. Extension of moratorium on implementation of rule relating
to eliminating the anti-kickback statute safe harbor
protection for prescription drug rebates.

Subtitle B--Medicare Improvement Fund

Sec. 13201. Medicare Improvement Fund.

Subtitle C--Luke and Alex School Safety Act of 2022

Sec. 13301. Short title.
Sec. 13302. Federal Clearinghouse on School Safety Evidence-based
Practices.
Sec. 13303. Notification of clearinghouse.
Sec. 13304. Grant program review.
Sec. 13305. Rules of construction.

Subtitle D--Amendment on ESEA Funding

Sec. 13401. Amendment on ESEA funding.

DIVISION B--APPROPRIATIONS

DIVISION A--MENTAL HEALTH AND FIREARMS PROVISIONS

TITLE I--CHILDREN AND FAMILY MENTAL HEALTH SERVICES

SEC. 11001. EXPANSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.

Section 223 of the Protecting Access to Medicare Act of
2014 (42 U.S.C. 1396a note) is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(3) Additional planning grants for states.--In addition
to the planning grants awarded under paragraph (1), as soon
as practicable after the date of enactment of this paragraph,
the Secretary shall award planning grants to States (other
than States selected to conduct demonstration programs under
paragraph (1) or (8) of subsection (d)) to develop proposals
to participate in time-limited demonstration programs
described in subsection (d) so that, beginning July 1, 2024,
and every 2 years thereafter, up to 10 additional States may
participate in the demonstration programs described in
subsection (d) in accordance with paragraph (9) of that
subsection.'';
(2) in subsection (d)--
(A) in paragraph (3)--
(i) by striking ``September 30, 2023'' and inserting
``September 30, 2025''; and
(ii) by striking ``Subject to paragraph (8)'' and inserting
``Subject to paragraphs (8) and (9)'';
(B) in paragraph (5)--
(i) in subparagraph (B), in the matter preceding clause
(i), by striking ``that is furnished'' and inserting ``that
is furnished by a State participating in an ongoing
demonstration program under this subsection'';
(ii) in subparagraph (C)(iii)--

(I) in subclause (I), by striking ``September 30, 2023;
and'' and inserting ``September 30, 2025;'';
(II) in subclause (II), by striking ``under paragraph (8)''
and all that follows through the period and inserting ``under
paragraph (8), during the first 24 fiscal quarter period (or
any portion of such period) that the State participates in
the demonstration program; and''; and
(III) by adding at the end the following new subclause:
``(III) in the case of a State selected to participate in
the demonstration program under paragraph (9), during the
first 16 fiscal quarter period (or any portion of such
period) that the State participates in the demonstration
program.''; and

(iii) by adding at the end the following:
``(D) Rule of construction.--Nothing in this section shall
be construed as prohibiting a State that participated in a
demonstration program under this subsection that has ended
from receiving Federal financial participation under title
XIX of the Social Security Act for amounts expended by the
State under a State plan under such title (or a waiver of
such plan) for providing medical assistance for items and
services, and carrying out activities, including continuing
to pay for services under the prospective payment system
established under subsection (c), that were provided or
carried out by the State under the demonstration program, to
the extent such financial participation is otherwise
available under such title.'';
(C) in paragraph (7)--
(i) in subparagraph (A), by inserting ``through the year in
which the last demonstration under this section ends'' after
``annually thereafter'';
(ii) in subparagraph (B)--

(I) by striking ``December 31, 2021'' and inserting
``September 30, 2025''; and
(II) by adding at the end the following new sentence:
``Such recommendations shall include data collected after
2019, where feasible.''; and

(iii) by adding at the end the following new subparagraph:
``(C) Final evaluation.--Not later than 24 months after all
demonstration programs under this section have ended, the
Secretary shall submit to Congress a final evaluation of such
programs.'';
(D) in paragraph (8)(A), by striking ``2 years'' and all
that follows through the period and inserting ``6 years.'';
and
(E) by adding at the end the following new paragraph:
``(9) Further additional programs.--
``(A) In general.--In addition to the States selected under
paragraphs (1) and (8), the Secretary shall select any State
that meets the requirements described in subparagraph (B) to
conduct a demonstration program that meets the requirements
of this subsection for 4 years.
``(B) Requirements.--The requirements described in this
subparagraph with respect to a State are that the State--
``(i) was awarded a planning grant under paragraph (1) or
(3) of subsection (c); and
``(ii) submits an application (in addition to any
application that the State may have previously submitted
under this section) that includes the information described
in paragraph (2)(B).
``(C) Requirements for selected states.--The requirements
applicable to States selected under paragraph (8) pursuant to
subparagraph (C) of such paragraph shall apply in the same
manner to States selected under this paragraph.
``(D) Limitation.--The Secretary shall not select more than
10 States to conduct a demonstration program under this
paragraph for each 2 fiscal year period.''; and
(3) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) for purposes of awarding planning grants under
subsection (c)(3), providing technical assistance to States
applying for grants under such subsection, and carrying out
demonstration programs under subsection (d), $40,000,000 for
fiscal year 2023, to remain available until expended.''.

SEC. 11002. MEDICAID AND TELEHEALTH.

(a) Guidance to States on Furnishing Services Through
Telehealth Under Medicaid and CHIP.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall
provide technical assistance and issue guidance to States on
improving access to telehealth for services covered under
Medicaid and CHIP, including with respect to:
(1) How States can adopt flexibilities under Medicaid and
CHIP to expand access to covered services via telehealth,
including when States may adopt such flexibilities without
the need for approval of a State plan amendment or waiver.
(2) Best practices regarding billing for services,
including recommended voluntary billing codes, modifiers, and
place of service designations and how such billing codes,
modifiers, and designations can be used to create consistent
data sets.
(3) Strategies for integrating telehealth services into
value-based care models.
(4) Best practices from States that have used Medicaid
waivers and other Medicaid authorities to expand access to
telehealth, including during the COVID-19 public health
emergency declared by the Secretary pursuant to section 319
of the Public Health Service Act on January 31, 2020,
entitled ``Determination that a Public Health Emergency
Exists Nationwide as the Result of the 2019 Novel
Coronavirus'', including any renewal of such declaration.
(5) Strategies to promote the delivery of accessible and
culturally competent care via telehealth, including
addressing the needs of individuals with disabilities,
medically underserved urban and rural communities, racial and
ethnic minorities such as American Indians and Alaska
Natives, individuals with limited English proficiency, and
individuals of different age groups including children, young
adults, and seniors;
(6) Strategies for training and providing resources to
providers and patients on the use of telehealth, including
working with interpreters to furnish health services and
providing resources in multiple languages.
(7) Integrating the use of existing video platforms that
enable multi-person video calls.
(8) Best practices to support the delivery of covered
services under Medicaid and CHIP via telehealth in schools,
including specifically for the provision of mental health and
substance use disorder services in such settings.
(9) Strategies for evaluating how the delivery of health
services via telehealth affects quality, outcomes, and cost
under Medicaid and CHIP.
(10) Best practices for conveying information to
beneficiaries regarding the availability of telehealth as an
option to receive services covered under Medicaid and CHIP,
including the availability of audio-only telehealth, the
ability to receive such services from a patient's home, and
requirements related to in-person visits.
(b) Definitions.--In this section:
(1) CHIP.--The term ``CHIP'' means the State children's
health insurance program established under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.).
(2) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(3) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Health and Human
Services.
(4) State.--The term ``State'' has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42
U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such
Act.

SEC. 11003. SUPPORTING ACCESS TO HEALTH CARE SERVICES IN
SCHOOLS.

(a) Guidance and Technical Assistance.--
(1) Guidance.--
(A) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Education, shall issue guidance to State
Medicaid agencies, local educational agencies, and school-
based entities to support the delivery of medical assistance
to Medicaid and CHIP beneficiaries in school-based settings.
(B) Required information.--The guidance issued pursuant to
subparagraph (A) shall--
(i) include updates to the May 2003 Medicaid School-Based
Administrative Claiming Guide, the 1997 Medicaid and Schools
Technical Assistance Guide, and other relevant guidance in
effect on the date of enactment of this Act;
(ii) clarify that payments may be made to school-based
entities under Medicaid for delivering assistance under
Medicaid, including any such assistance provided in
accordance with an individualized education program or under
the policy described in the State Medicaid Director letter on
payment for services issued on December 15, 2014 (#14-006);

[[Page H5897]]

(iii) outline strategies and tools to reduce administrative
burdens on, and simplify billing for, local educational
agencies, in particular small and rural local educational
agencies, and support compliance with Federal requirements
regarding billing, payment, and recordkeeping, including by
aligning direct service billing and school-based
administrative claiming payment systems;
(iv) include a comprehensive list of best practices and
examples of approved methods that State Medicaid agencies and
local educational agencies have used to pay for, and increase
the availability of, assistance under Medicaid, including
expanding State programs to include all Medicaid-enrolled
students, providing early and periodic screening, diagnostic,
and treatment (EPSDT) services in schools, utilizing
telehealth, coordinating with community-based mental health
and substance use disorder treatment providers and
organizations, coordinating with managed care entities, and
supporting the provision of culturally competent and trauma-
informed care in school settings; and
(v) provide examples of the types of providers (which may
include qualified school health personnel) that States may
choose to enroll, deem, or otherwise treat as participating
providers for purposes of school-based programs under
Medicaid and best practices related to helping such providers
enroll in Medicaid for purposes of participating in school-
based programs under Medicaid.
(2) Technical assistance center.--
(A) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Education, shall establish a technical
assistance center to--
(i) assist and expand the capacity of State Medicaid
agencies and local educational agencies and school-based
entities to provide assistance under Medicaid;
(ii) reduce administrative burdens for such agencies and
health centers or entities;
(iii) support State educational agencies, local educational
agencies, and school-based entities in obtaining payment for
the provision of assistance under Medicaid;
(iv) ensure ongoing coordination and collaboration between
the Department of Health and Human Services and the
Department of Education with respect to the provision of, and
payment for, assistance under Medicaid by local educational
agencies; and
(v) provide information to State and local educational
agencies and States on how to utilize funding from the
Department of Health and Human Services, the Department of
Education, and other Federal agencies to ensure payment under
Medicaid for assistance provided in school-based settings.
(B) Small and rural schools.--The Secretary shall ensure
that the technical assistance center includes resources which
are specifically designed to help support small and rural
local educational agencies in obtaining payment for the
provision of assistance under Medicaid.
(C) Reporting.--The technical assistance center shall, on a
biennial basis, submit to the Secretary a report on the work
of the center that identifies the areas where the most
assistance was requested.
(3) Funding.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the
Secretary to carry out this subsection, $8,000,000, for
fiscal year 2022, to remain available until expended.
(b) Grants.--There is authorized to be appropriated
$50,000,000 for fiscal year 2022 for the Secretary to award
grants to States for the purpose of implementing, enhancing,
or expanding the provision of assistance through school-based
entities under Medicaid or CHIP. A State shall not use any
grant funds to provide medical assistance, child health
assistance, or other health services.
(c) Definitions.--For purposes of this section:
(1) CHIP.--The term ``CHIP'' means the State children's
health insurance program established under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.).
(2) Individualized education program.--The term
``individualized education program'' has the meaning given
such term in section 602(14) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(14)).
(3) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(4) School-based entity.--The term ``school-based entity''
means--
(A) a school-based health center, as that term is defined
in section 2110(c)(9) of the Social Security Act (42 U.S.C.
1397jj(c)(9)); and
(B) an entity that provides medical assistance in a school-
based setting for which Federal financial participation is
allowed under Medicaid.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Health and Human
Services.
(6) State.--The term ``State'' has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42
U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such
Act.
(7) State educational agency; local educational agency.--
The terms ``State educational agency'' and ``local
educational agency'' have the meaning given those terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).

SEC. 11004. REVIEW OF STATE IMPLEMENTATION OF EARLY AND
PERIODIC SCREENING, DIAGNOSTIC, AND TREATMENT
SERVICES.

(a) Review.--
(1) In general.--Not later than 24 months after the date of
enactment of Act, and every 5 years thereafter, the Secretary
shall--
(A) review State implementation of the requirements for
providing early and periodic screening, diagnostic, and
treatment services under Medicaid in accordance with sections
1902(a)(43), 1905(a)(4)(B), and 1905(r) of the Social
Security Act (42 U.S.C. 1396a(a)(43), 1396d(a)(4)(B),
1396d(r)), including with respect to the provision of such
services by managed care organizations, prepaid inpatient
health plans, prepaid ambulatory health plans, and primary
care case managers;
(B) identify gaps and deficiencies with respect to State
compliance with such requirements;
(C) provide technical assistance to States to address such
gaps and deficiencies; and
(D) issue guidance to States on the Medicaid coverage
requirements for such services that includes best practices
for ensuring children have access to comprehensive health
care services, including children without a mental health or
substance use disorder diagnosis.
(2) Reports to congress.--Not later than 6 months after
each date on which the Secretary completes the activities
described in paragraph (1), the Secretary shall submit to the
Committee on Finance of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
on the most recent activities completed for purposes of such
paragraph that includes the findings made, and descriptions
of actions taken by the Secretary or by States as a result of
such activities, and any additional actions the Secretary
plans to carry out or that States are required to carry out
as a result of such activities.
(3) Funding.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the
Secretary to carry out this subsection, to remain available
until expended, $5,000,000, for each of fiscal years 2023 and
2024, and $1,000,000 for each fiscal year thereafter.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller
General'') shall conduct a study evaluating State
implementation under Medicaid of the early and periodic
screening, diagnostic, and treatment services benefit
required for children by section 1905(a)(4)(B) of the Social
Security Act (42 U.S.C. 1396d(a)(4)(B)) and as defined in
section 1905(r) of such Act (42 U.S.C. 1396d(r)) and provided
in accordance with the requirements of section 1902(a)(43) of
such Act (42 U.S.C. 1396a(a)(43)), specifically with respect
to State oversight of managed care organizations, prepaid
inpatient health plans, prepaid ambulatory health plans, and
primary care case managers, and shall provide recommendations
as appropriate to improve State compliance with the
requirements for providing such benefit, State oversight of
managed care organizations, prepaid inpatient health plans,
prepaid ambulatory health plans, and primary care case
managers, and oversight of State programs under Medicaid by
the Administrator of the Centers for Medicare & Medicaid
Services.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report on the study conducted under paragraph
(1) that includes the recommendations required by such
paragraph, as well as recommendations for such legislation
and administrative action as the Comptroller General
determines appropriate.
(c) Definitions.--In this section:
(1) Medicaid.--The term ``Medicaid'' means the program
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Health and Human
Services.
(3) State.--The term ``State'' has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42
U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such
Act.

SEC. 11005. PEDIATRIC MENTAL HEALTH CARE ACCESS GRANTS.

Section 330M of the Public Health Service Act (42 U.S.C.
254c-19) is amended--
(1) in the section enumerator, by striking ``330M'' and
inserting ``330M.'';
(2) in subsection (a), in the matter preceding paragraph
(1)--
(A) by inserting ``or cooperative agreements'' after
``award grants''; and
(B) by striking ``Indian tribes and tribal organizations''
and inserting ``Indian Tribes and Tribal organizations'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``a grant'' and inserting ``an award'';
(ii) in subparagraph (G), by inserting ``developmental-
behavioral pediatricians,'' after ``psychiatrists,'';
(iii) in subparagraph (H), by inserting ``provide
information to pediatric health care providers about
available mental health services for children in the
community and'' before ``assist''; and
(iv) in subparagraph (I), by striking ``problems'' and
inserting ``conditions'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Support to schools and emergency departments.--
``(A) In general.--In addition to the activities required
under paragraph (1), a pediatric mental health care access
program referred to in subsection (a), with respect to which
an award under such subsection may be used, may provide
information, consultative support, training, and technical
assistance to--
``(i) emergency departments; and
``(ii) State educational agencies, local educational
agencies, Tribal educational agencies, and elementary and
secondary schools.
``(B) Requirements for certain recipients.--An entity
receiving information, consultative support, training, and
technical assistance under subparagraph (A)(ii) shall operate
in a

[[Page H5898]]

manner consistent with, and shall ensure consistency with,
the requirements of subsections (a) and (c) of section 4001
of the Elementary and Secondary Education Act with respect to
such information, consultative support, training, and
technical assistance.''; and
(D) in paragraph (3), as so redesignated, by inserting ``,
and which may include a developmental-behavioral
pediatrician'' before the period at the end of the first
sentence;
(4) in subsections (c), (d), and (f), by striking ``Indian
tribe, or tribal organization'' each place it appears and
inserting ``Indian Tribe, or Tribal organization'';
(5) in subsections (c) and (d)--
(A) by striking ``a grant'' each place it appears and
inserting ``an award''; and
(B) by striking ``such grant'' each place it appears and
inserting ``such award'';
(6) in subsection (e), by striking ``grants'' and inserting
``awards'';
(7) in subsection (f)--
(A) by striking ``award a grant'' and inserting ``make an
award''; and
(B) by striking ``the grant'' and inserting ``the award'';
(8) by redesignating subsection (g) as subsection (h);
(9) by inserting after subsection (f) the following:
``(g) Technical Assistance.--The Secretary may--
``(1) provide, or continue to provide, technical assistance
to recipients of awards under subsection (a); and
``(2) award a grant or contract to an eligible public or
nonprofit private entity (as determined by the Secretary) for
the purpose of providing such technical assistance pursuant
to this subsection.''; and
(10) in subsection (h), as so redesignated, by striking
``$9,000,000 for the period of fiscal years 2018 through
2022'' and inserting ``$31,000,000 for each of fiscal years
2023 through 2027''.

TITLE II--FIREARMS

SEC. 12001. JUVENILE RECORDS.

(a) Improving NICS Examination of Juvenile Records.--
(1) In general.--Section 922 of title 18, United States
Code, is amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1), by inserting ``,
including as a juvenile'' after ``such person''; and
(ii) in paragraph (4), by inserting ``at 16 years of age or
older'' after ``institution''; and
(B) in subsection (t)--
(i) in paragraph (1)--

(I) in subparagraph (B)(ii)--

(aa) by inserting ``subject to subparagraph (C),'' before
``3 business days''; and
(bb) by striking ``and'' at the end;

(II) by redesignating subparagraph (C) as subparagraph (D);
and
(III) by inserting after subparagraph (B) the following:

``(C) in the case of a person less than 21 years of age, in
addition to all other requirements of this chapter--
``(i) the system provides the licensee with a unique
identification number;
``(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee contacted
the system, and the system has not notified the licensee that
cause exists to further investigate a possibly disqualifying
juvenile record under subsection (d); or
``(iii) in the case of such a person with respect to whom
the system notifies the licensee in accordance with clause
(ii) that cause exists to further investigate a possibly
disqualifying juvenile record under subsection (d), 10
business days (meaning a day on which State offices are open)
have elapsed since the licensee contacted the system, and the
system has not notified the licensee that--
``(I) transferring the firearm to the other person would
violate subsection (d) of this section; or
``(II) receipt of a firearm by the other person would
violate subsection (g) or (n) of this section, or State,
local, or Tribal law; and'';
(ii) in paragraph (2)--

(I) by inserting ``transfer or'' before ``receipt''; and
(II) by striking ``(g) or (n)'' and inserting ``(d), (g),
or (n) (as applicable)'';

(iii) in paragraph (4)--

(I) by inserting ``transfer of a firearm to or'' before
``receipt''; and
(II) by striking ``(g) or (n)'' and inserting ``(d), (g),
or (n) (as applicable)''; and

(iv) in paragraph (5)--

(I) by inserting ``transfer of a firearm to or'' before
``receipt''; and
(II) by striking ``(g) or (n)'' and inserting ``(d), (g),
or (n) (as applicable)''.

(2) NICS requirements.--Section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) is amended by
adding at the end the following:
``(l) Requirements Relating to Background Checks for
Persons Under Age 21.--If a licensee contacts the system
established under this section regarding a proposed transfer
of a firearm to a person less than 21 years of age in
accordance with subsection (t) of section 922 of title 18,
United States Code, the system shall--
``(1) immediately contact--
``(A) the criminal history repository or juvenile justice
information system, as appropriate, of the State in which the
person resides for the purpose of determining whether the
person has a possibly disqualifying juvenile record under
subsection (d) of such section 922;
``(B) the appropriate State custodian of mental health
adjudication records in the State in which the person resides
to determine whether the person has a possibly disqualifying
juvenile record under subsection (d) of such section 922; and
``(C) a local law enforcement agency of the jurisdiction in
which the person resides for the purpose of determining
whether the person has a possibly disqualifying juvenile
record under subsection (d) of such section 922;
``(2) as soon as possible, but in no case more than 3
business days, after the licensee contacts the system, notify
the licensee whether cause exists to further investigate a
possibly disqualifying juvenile record under subsection (d)
of such section 922; and
``(3) if there is cause for further investigation, as soon
as possible, but in no case more than 10 business days, after
the licensee contacts the system, notify the licensee
whether--
``(A) transfer of a firearm to the person would violate
subsection (d) of such section 922; or
``(B) receipt of a firearm by the person would violate
subsection (g) or (n) of such section 922, or State, local,
or Tribal law.''.
(3) Sunset of requirements to contact state and local
entities.--Effective on September 30, 2032, paragraphs (1)(B)
and (2) are repealed, and the provisions of law amended by
those paragraphs are restored as if those paragraphs had not
been enacted.
(b) Report on Removing Outdated, Expired, or Erroneous
Records.--
(1) In general.--On an annual basis for each fiscal year
through fiscal year 2032, each State and Federal agency
responsible for the submission of disqualifying records under
subsection (d), (g), or (n) of section 922 of title 18,
United States Code, to the national instant criminal
background check system established under section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) shall
submit to the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives a report detailing the removal from the
system of records that no longer prohibit an individual from
lawfully acquiring or possessing a firearm under such
subsection (d), (g), or (n).
(2) Contents.--Each report submitted by a State or Federal
agency under paragraph (1) shall include pertinent
information on--
(A) the number of records that the State or Federal agency
removed from the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) during the
reporting period;
(B) why the records were removed; and
(C) for each record removed, the nature of the
disqualifying characteristic outlined in subsection (d), (g),
or (n) of section 922 of title 18, United States Code, that
caused the State or Federal agency to originally submit the
record to the system.

SEC. 12002. DEFINING ``ENGAGED IN THE BUSINESS''.

Section 921(a) of title 18, United States Code, is
amended--
(1) in paragraph (21)(C), by striking ``with the principal
objective of livelihood and profit'' and inserting ``to
predominantly earn a profit'';
(2) by redesignating paragraphs (22) through (29) as
paragraphs (23) through (30), respectively; and
(3) by inserting after paragraph (21) the following:
``(22) The term `to predominantly earn a profit' means that
the intent underlying the sale or disposition of firearms is
predominantly one of obtaining pecuniary gain, as opposed to
other intents, such as improving or liquidating a personal
firearms collection: Provided, That proof of profit shall
not be required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for criminal
purposes or terrorism. For purposes of this paragraph, the
term `terrorism' means activity, directed against United
States persons, which--
``(A) is committed by an individual who is not a national
or permanent resident alien of the United States;
``(B) involves violent acts or acts dangerous to human life
which would be a criminal violation if committed within the
jurisdiction of the United States; and
``(C) is intended--
``(i) to intimidate or coerce a civilian population;
``(ii) to influence the policy of a government by
intimidation or coercion; or
``(iii) to affect the conduct of a government by
assassination or kidnapping.''.

SEC. 12003. USE OF BYRNE GRANTS FOR IMPLEMENTATION OF STATE
CRISIS INTERVENTION PROGRAMS.

(a) Byrne JAG Program.--Section 501(a)(1) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10152(a)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``or civil proceedings'' after ``criminal justice''; and
(2) by adding at the end the following:
``(I) Implementation of State crisis intervention court
proceedings and related programs or initiatives, including
but not limited to--
``(i) mental health courts;
``(ii) drug courts;
``(iii) veterans courts; and
``(iv) extreme risk protection order programs, which must
include, at a minimum--

``(I) pre-deprivation and post-deprivation due process
rights that prevent any violation or infringement of the
Constitution of the United States, including but not limited
to the Bill of Rights, and the substantive or procedural due
process rights guaranteed under the Fifth and Fourteenth
Amendments to the Constitution of the United States, as
applied to the States, and as interpreted by State courts and
United States courts (including the Supreme Court of the
United States). Such programs must include, at the
appropriate phase to prevent any violation of constitutional
rights, at minimum, notice, the right to an in-person
hearing, an unbiased adjudicator, the right to know opposing
evidence, the right to present evidence, and the right to
confront adverse witnesses;
``(II) the right to be represented by counsel at no expense
to the government;

[[Page H5899]]

``(III) pre-deprivation and post-deprivation heightened
evidentiary standards and proof which mean not less than the
protections afforded to a similarly situated litigant in
Federal court or promulgated by the State's evidentiary body,
and sufficient to ensure the full protections of the
Constitution of the United States, including but not limited
to the Bill of Rights, and the substantive and procedural due
process rights guaranteed under the Fifth and Fourteenth
Amendments to the Constitution of the United States, as
applied to the States, and as interpreted by State courts and
United States courts (including the Supreme Court of the
United States). The heightened evidentiary standards and
proof under such programs must, at all appropriate phases to
prevent any violation of any constitutional right, at
minimum, prevent reliance upon evidence that is unsworn or
unaffirmed, irrelevant, based on inadmissible hearsay,
unreliable, vague, speculative, and lacking a foundation; and
``(IV) penalties for abuse of the program.''.

(b) Annual Report on Crisis Intervention Programs.--Section
501 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10152) is amended by adding at the end
the following:
``(h) Annual Report on Crisis Intervention Programs.--The
Attorney General shall publish an annual report with respect
to grants awarded for crisis intervention programs or
initiatives under subsection (a)(1)(I) that contains--
``(1) a description of the grants awarded and the crisis
intervention programs or initiatives funded by the grants,
broken down by grant recipient;
``(2) an evaluation of the effectiveness of the crisis
intervention programs or initiatives in preventing violence
and suicide;
``(3) measures that have been taken by each grant recipient
to safeguard the constitutional rights of an individual
subject to a crisis intervention program or initiative; and
``(4) efforts that the Attorney General is making, in
coordination with the grant recipients, to protect the
constitutional rights of individuals subject to the crisis
intervention programs or initiatives.''.

SEC. 12004. STOP ILLEGAL TRAFFICKING IN FIREARMS ACT.

(a) Anti-straw Purchasing and Firearms Trafficking
Amendments.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 932. Straw purchasing of firearms

``(a) Definitions.--For purposes of this section--
``(1) the term `drug trafficking crime'--
``(A) has the meaning given that term in section 924(c)(2);
and
``(B) includes a felony punishable under the law of a State
for which the conduct constituting the offense would
constitute a felony punishable under the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.), or
chapter 705 of title 46;
``(2) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g)(5); and
``(3) the term `felony' means any offense under Federal or
State law punishable by imprisonment for a term exceeding 1
year.
``(b) Violation.--It shall be unlawful for any person to
knowingly purchase, or conspire to purchase, any firearm in
or otherwise affecting interstate or foreign commerce for, on
behalf of, or at the request or demand of any other person,
knowing or having reasonable cause to believe that such other
person--
``(1) meets the criteria of 1 or more paragraphs of section
922(d);
``(2) intends to use, carry, possess, or sell or otherwise
dispose of the firearm in furtherance of a felony, a Federal
crime of terrorism, or a drug trafficking crime; or
``(3) intends to sell or otherwise dispose of the firearm
to a person described in paragraph (1) or (2).
``(c) Penalty.--
``(1) In general.--Except as provided in paragraph (2), any
person who violates subsection (b) shall be fined under this
title, imprisoned for not more than 15 years, or both.
``(2) Use in felonies, crimes of terrorism, or drug
trafficking crimes.--If a violation of subsection (b) is
committed knowing or with reasonable cause to believe that
any firearm involved will be used to commit a felony, a
Federal crime of terrorism, or a drug trafficking crime, the
person shall be sentenced to a term of imprisonment of not
more than 25 years.

``Sec. 933. Trafficking in firearms

``(a) In General.--It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported,
or otherwise dispose of any firearm to another person in or
otherwise affecting interstate or foreign commerce, if such
person knows or has reasonable cause to believe that the use,
carrying, or possession of a firearm by the recipient would
constitute a felony (as defined in section 932(a));
``(2) receive from another person any firearm in or
otherwise affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe that such
receipt would constitute a felony; or
``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(b) Penalty.--Any person who violates subsection (a)
shall be fined under this title, imprisoned for not more than
15 years, or both.

``Sec. 934. Forfeiture and fines

``(a) Forfeiture.--
``(1) In general.--Any person convicted of a violation of
section 932 or 933 shall forfeit to the United States,
irrespective of any provision of State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation, except that for any forfeiture
of any firearm or ammunition pursuant to this section,
section 924(d) shall apply.
``(2) Imposition.--The court, in imposing sentence on a
person convicted of a violation of section 932 or 933, shall
order, in addition to any other sentence imposed pursuant to
section 932 or 933, that the person forfeit to the United
States all property described in paragraph (1).
``(b) Fines.--A defendant who derives profits or other
proceeds from an offense under section 932 or 933 may be
fined not more than the greater of--
``(1) the fine otherwise authorized by this part; or
``(2) the amount equal to twice the gross profits or other
proceeds of the offense under section 932 or 933.''.
(2) Title iii authorization.--Section 2516(1)(n) of title
18, United States Code, is amended by striking ``sections 922
and 924'' and inserting ``section 922, 924, 932, or 933''.
(3) Racketeering amendment.--Section 1961(1)(B) of title
18, United States Code, is amended by inserting ``section 932
(relating to straw purchasing), section 933 (relating to
trafficking in firearms),'' before ``section 1028''.
(4) Money laundering amendment.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by striking
``section 924(n)'' and inserting ``section 924(n), 932, or
933''.
(5) Directive to sentencing commission.--Pursuant to its
authority under section 994 of title 28, United States Code,
and in accordance with this subsection, the United States
Sentencing Commission shall review and amend its guidelines
and policy statements to ensure that persons convicted of an
offense under section 932 or 933 of title 18, United States
Code, and other offenses applicable to the straw purchases
and trafficking of firearms are subject to increased
penalties in comparison to those currently provided by the
guidelines and policy statements for such straw purchasing
and trafficking of firearms offenses. In its review, the
Commission shall consider, in particular, an appropriate
amendment to reflect the intent of Congress that straw
purchasers without significant criminal histories receive
sentences that are sufficient to deter participation in such
activities and reflect the defendant's role and culpability,
and any coercion, domestic violence survivor history, or
other mitigating factors. The Commission shall also review
and amend its guidelines and policy statements to reflect the
intent of Congress that a person convicted of an offense
under section 932 or 933 of title 18, United States Code, who
is affiliated with a gang, cartel, organized crime ring, or
other such enterprise should be subject to higher penalties
than an otherwise unaffiliated individual.
(6) Technical and conforming amendment.--The table of
sections for chapter 44 of title 18, United States Code, is
amended by adding at the end the following:

``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
(b) Amendments to Section 922(d).--Section 922(d) of title
18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by striking the matter following paragraph (9) and
inserting the following:
``(10) intends to sell or otherwise dispose of the firearm
or ammunition in furtherance of a felony, a Federal crime of
terrorism, or a drug trafficking offense (as such terms are
defined in section 932(a)); or
``(11) intends to sell or otherwise dispose of the firearm
or ammunition to a person described in any of paragraphs (1)
through (10).
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector who pursuant to subsection (b) of section 925 is
not precluded from dealing in firearms or ammunition, or to a
person who has been granted relief from disabilities pursuant
to subsection (c) of section 925.''.
(c) Amendments to Section 924(a).--Section 924(a) of title
18, United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d) or (g) of
section 922 shall be fined under this title, imprisoned for
not more than 15 years, or both.''.
(d) Amendments to Section 924(d).--Section 924(d) of title
18, United States Code, is amended--
(1) in paragraph (1), by inserting ``932, or 933,'' after
``section 924,''; and
(2) in paragraph (3)--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(G) any offense under section 932 or 933.''.
(e) Amendments to Section 924(h).--Section 924 of title 18,
United States Code, is amended by striking subsection (h) and
inserting the following:
``(h) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing or
having reasonable cause to believe that such firearm or
ammunition will be used to commit a felony, a Federal

[[Page H5900]]

crime of terrorism, or a drug trafficking crime (as such
terms are defined in section 932(a)), or a crime under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), the Export
Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), or the Foreign Narcotics Kingpin Designation Act
(21 U.S.C. 1901 et seq.), shall be fined under this title,
imprisoned for not more than 15 years, or both.''.
(f) Amendments to Section 924(k).--Section 924 of title 18,
United States Code, is amended by striking subsection (k) and
inserting the following:
``(k)(1) A person who smuggles or knowingly brings into the
United States a firearm or ammunition, or attempts or
conspires to do so, with intent to engage in or to promote
conduct that--
``(A) is punishable under the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of
title 46; or
``(B) constitutes a felony, a Federal crime of terrorism,
or a drug trafficking crime (as such terms are defined in
section 932(a)),
shall be fined under this title, imprisoned for not more than
15 years, or both.
``(2) A person who smuggles or knowingly takes out of the
United States a firearm or ammunition, or attempts or
conspires to do so, with intent to engage in or to promote
conduct that--
``(A) would be punishable under the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705
of title 46, if the conduct had occurred within the United
States; or
``(B) would constitute a felony or a Federal crime of
terrorism (as such terms are defined in section 932(a)) for
which the person may be prosecuted in a court of the United
States, if the conduct had occurred within the United States,
shall be fined under this title, imprisoned for not more than
15 years, or both.''.
(g) Prohibition on Firearms or Ammunition Transfers to
Agents of Drug Cartels.--The Department of Justice, and any
of its law enforcement coordinate agencies, shall not conduct
or otherwise facilitate the transfer of an operable firearm
or ammunition to an individual if any law enforcement officer
employed by the Department of Justice involved with the
transfer knows or has reasonable cause to believe that the
recipient of the firearm or ammunition is an agent of a drug
cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm or ammunition at
all times.
(h) FFL Access to Law Enforcement Information.--
(1) In general.--Section 103(b) of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901(b)), is amended--
(A) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(B) by adding at the end the following:
``(2) Voluntary background checks.--
``(A) In general.--Not later than 90 days after the date of
enactment of this paragraph, the Attorney General shall
promulgate regulations allowing licensees to use the national
instant criminal background check system established under
this section for purposes of voluntarily conducting an
employment background check relating to a current or
prospective employee. The Attorney General may not collect a
fee for an employment background check under this
subparagraph.
``(B) Notice.--Before conducting an employment background
check relating to a current or prospective employee under
subparagraph (A), a licensee shall--
``(i) provide written notice to the current or prospective
employee that the licensee intends to conduct the background
check; and
``(ii) obtain consent to conduct the background check from
the current or prospective employee in writing.
``(C) Exemption.--An employment background check conducted
by a licensee under subparagraph (A) shall not be governed by
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
``(D) Appeal.--Any individual who is the subject of an
employment background check conducted by a licensee under
subparagraph (A) the result of which indicates that the
individual is prohibited from possessing a firearm or
ammunition pursuant to subsection (g) or (n) of section 922
of title 18, United States Code, may appeal the results of
the background check in the same manner and to the same
extent as if the individual had been the subject of a
background check relating to the transfer of a firearm.''.
(2) Acquisition, preservation, and exchange of
identification records and information.--Section 534 of title
28, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``and'' at the end;
(ii) in paragraph (4), by striking the period at the end
and inserting ``; and''; and
(iii) by inserting after paragraph (4) the following:
``(5) provide a person licensed as an importer,
manufacturer, or dealer of firearms under chapter 44 of title
18 with information necessary to verify whether firearms
offered for sale to such licensees have been stolen.''; and
(B) in subsection (b), by inserting ``, except for
dissemination authorized under subsection (a)(5) of this
section'' before the period.
(3) Regulations.--Not later than 90 days after the date of
enactment of this Act, and without regard to chapter 5 of
title 5, United States Code, the Attorney General shall
promulgate regulations allowing a person licensed as an
importer, manufacturer, or dealer of firearms under chapter
44 of title 18, United States Code, to receive access to
records of stolen firearms maintained by the National Crime
Information Center operated by the Federal Bureau of
Investigation, solely for the purpose of voluntarily
verifying whether firearms offered for sale to such licensees
have been stolen.
(4) Statutory construction; evidence.--
(A) Statutory construction.--Nothing in this subsection or
the amendments made by this subsection shall be construed--
(i) to create a cause of action against any person licensed
as an importer, manufacturer, or dealer of firearms under
chapter 44 of title 18, United States Code, or any other
person for any civil liability; or
(ii) to establish any standard of care.
(B) Evidence.--Notwithstanding any other provision of law,
evidence regarding the use or non-use by a person licensed as
an importer, manufacturer, or dealer of firearms under
chapter 44 of title 18, United States Code, of the systems,
information, or records made available under this subsection
or the amendments made by this subsection shall not be
admissible as evidence in any proceeding of any court,
agency, board, or other entity.
(i) Funding for Existing ATF Anti-straw Purchasing
Campaign.--There are authorized to be appropriated to the
Bureau of Alcohol, Tobacco, Firearms, and Explosives
$1,000,000 for each of fiscal years 2023 through 2027 to
continue and expand current efforts with existing partners to
educate persons licensed as an importer, manufacturer, or
dealer of firearms under chapter 44 of title 18, United
States Code, and the public to combat illegal straw purchases
of firearms.
(j) Local Law Enforcement Reimbursement for Assistance
Provided to DHS-HSI to Prevent Illegal Trafficking.--Section
432(d)(2) of the Homeland Security Act of 2002 (6 U.S.C.
240(d)(2)) is amended by inserting ``salary reimbursement,''
after ``administrative,''.
(k) Rule of Construction.--Nothing in this section, or an
amendment made by this section, shall be construed to allow
the establishment of a Federal system of registration of
firearms, firearms owners, or firearms transactions or
dispositions.

SEC. 12005. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.

(a) Defining ``Dating Relationship''.--Section 921(a) of
title 18, United States Code, is amended--
(1) in paragraph (33)(A)(ii)--
(A) by striking ``or by a person'' and inserting ``by a
person''; and
(B) by inserting before the period at the end the
following: ``, or by a person who has a current or recent
former dating relationship with the victim''; and
(2) by adding at the end the following:
``(37)(A) The term `dating relationship' means a
relationship between individuals who have or have recently
had a continuing serious relationship of a romantic or
intimate nature.
``(B) Whether a relationship constitutes a dating
relationship under subparagraph (A) shall be determined based
on consideration of--
``(i) the length of the relationship;
``(ii) the nature of the relationship; and
``(iii) the frequency and type of interaction between the
individuals involved in the relationship.
``(C) A casual acquaintanceship or ordinary fraternization
in a business or social context does not constitute a dating
relationship under subparagraph (A).''.
(b) No Retroactive Application.--The amendments made by
subsection (a) shall not apply to any conviction of a
misdemeanor crime of domestic violence entered before the
date of enactment of this Act.
(c) Limitations on Convictions of Crimes of Domestic
Violence With Respect to Dating Relationships.--Section
921(a)(33) of title 18, United States Code, is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``subparagraph (C)'' and inserting ``subparagraphs (B) and
(C)''; and
(B) in clause (ii), by striking ``State,,'' and inserting
``State,''; and
(2) by adding at the end the following:
``(C) A person shall not be considered to have been
convicted of a misdemeanor crime of domestic violence against
an individual in a dating relationship for purposes of this
chapter if the conviction has been expunged or set aside, or
is an offense for which the person has been pardoned or has
had firearm rights restored unless the expungement, pardon,
or restoration of rights expressly provides that the person
may not ship, transport, possess, or receive firearms:
Provided, That, in the case of a person who has not more than
1 conviction of a misdemeanor crime of domestic violence
against an individual in a dating relationship, and is not
otherwise prohibited under this chapter, the person shall not
be disqualified from shipping, transport, possession,
receipt, or purchase of a firearm under this chapter if 5
years have elapsed from the later of the judgment of
conviction or the completion of the person's custodial or
supervisory sentence, if any, and the person has not
subsequently been convicted of another such offense, a
misdemeanor under Federal, State, Tribal, or local law which
has, as an element, the use or attempted use of physical
force, or the threatened use of a deadly weapon, or any other
offense that would disqualify the person under section
922(g). The national instant criminal background check system
established under section 103 of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901) shall be updated to reflect
the status of the person. Restoration under this subparagraph
is not available for a current or former spouse, parent, or
guardian of the victim, a person with whom the victim shares
a child in common, a person who is cohabiting with or has
cohabited with the victim as a spouse, parent, or guardian,
or a person similarly situated to a spouse, parent, or
guardian of the victim.''.

[[Page H5901]]

TITLE III--OTHER MATTERS

Subtitle A--Extension of Moratorium

SEC. 13101. EXTENSION OF MORATORIUM ON IMPLEMENTATION OF RULE
RELATING TO ELIMINATING THE ANTI-KICKBACK
STATUTE SAFE HARBOR PROTECTION FOR PRESCRIPTION
DRUG REBATES.

Section 90006 of division I of the Infrastructure
Investment and Jobs Act (42 U.S.C. 1320a-7b note) is amended
by striking ``January 1, 2026'' and inserting ``January 1,
2027''.

Subtitle B--Medicare Improvement Fund

SEC. 13201. MEDICARE IMPROVEMENT FUND.

Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``fiscal year 2021,
$5,000,000'' and inserting ``fiscal year 2022,
$7,500,000,000''.

Subtitle C--Luke and Alex School Safety Act of 2022

SEC. 13301. SHORT TITLE.

This subtitle may be cited as the ``Luke and Alex School
Safety Act of 2022''.

SEC. 13302. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-
BASED PRACTICES.

(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following:

``SEC. 2220D. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY
EVIDENCE-BASED 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 Evidence-based
Practices (in this section referred to as the
`Clearinghouse') within the Department.
``(2) Purpose.--The Clearinghouse shall serve as a Federal
resource to identify and publish online through
SchoolSafety.gov, or any successor website, evidence-based
practices and recommendations to improve school safety for
use by State and local educational agencies, institutions of
higher education, State and local law enforcement agencies,
health professionals, and the general public.
``(3) Personnel.--
``(A) Assignments.--The Clearinghouse shall be assigned
such personnel and resources as the Secretary considers
appropriate to carry out this section.
``(B) Detailees.--The Secretary of Education, the Attorney
General, and the Secretary of Health and Human Services may
detail personnel to the Clearinghouse.
``(4) Exemptions.--
``(A) Paperwork reduction act.--Chapter 35 of title 44,
United States Code (commonly known as the `Paperwork
Reduction Act'), shall not apply to any rulemaking or
information collection required under this section.
``(B) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply for the
purposes of carrying out this section.
``(b) Clearinghouse Contents.--
``(1) Consultation.--In identifying the evidence-based
practices and recommendations for the Clearinghouse, the
Secretary shall--
``(A) consult with appropriate Federal, State, local,
Tribal, private sector, and nongovernmental organizations,
including civil rights and disability rights organizations;
and
``(B) consult with the Secretary of Education to ensure
that evidence-based practices published by the Clearinghouse
are aligned with evidence-based practices to support a
positive and safe learning environment for all students.
``(2) Criteria for evidence-based practices and
recommendations.--The evidence-based practices and
recommendations of the Clearinghouse shall--
``(A) include comprehensive evidence-based school safety
measures;
``(B) include the evidence or research rationale supporting
the determination of the Clearinghouse that the evidence-
based practice or recommendation under subparagraph (A) has
been shown to have a significant effect on improving the
health, safety, and welfare of persons in school settings,
including--
``(i) relevant research that is evidence-based, as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801), supporting the evidence-based
practice or recommendation;
``(ii) findings and data from previous Federal or State
commissions recommending improvements to the safety posture
of a school; or
``(iii) other supportive evidence or findings relied upon
by the Clearinghouse in determining evidence-based practices
and recommendations, as determined in consultation with the
officers described in subsection (a)(3)(B);
``(C) include information on Federal programs for which
implementation of each evidence-based practice or
recommendation is an eligible use for the program;
``(D) be consistent with Federal civil rights laws,
including title II of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131 et seq.), the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.), and title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
``(E) include options for developmentally appropriate
recommendations for use in educational settings with respect
to children's ages and physical, social, sensory, and
emotionally developmental statuses.
``(3) Past commission recommendations.--The Clearinghouse
shall present, as determined in consultation with the
officers described in subsection (a)(3)(B), Federal, State,
local, Tribal, private sector, and nongovernmental
organization issued best practices and recommendations and
identify any best practice or recommendation of the
Clearinghouse that was previously issued by any such
organization or commission.
``(c) Assistance and Training.--The Secretary may produce
and publish materials on the Clearinghouse to assist and
train educational agencies and law enforcement agencies on
the implementation of the evidence-based practices and
recommendations.
``(d) Continuous Improvement.--The Secretary shall--
``(1) collect for the purpose of continuous improvement of
the Clearinghouse--
``(A) Clearinghouse data analytics;
``(B) user feedback on the implementation of resources,
evidence-based practices, and recommendations identified by
the Clearinghouse; and
``(C) any evaluations conducted on implementation of the
evidence-based 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 evidence-
based 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, representative from civil rights
organizations, representatives of disability rights
organizations, representatives of educators, representatives
of law enforcement, and nonprofit school safety and security
organizations, to--
``(i) provide feedback on the implementation of evidence-
based practices and recommendations of the Clearinghouse; and
``(ii) propose additional recommendations for evidence-
based practices for inclusion in the Clearinghouse that meet
the requirements described in subsection (b)(2)(B).
``(e) Parental Assistance.--The Clearinghouse shall produce
materials in accessible formats to assist parents and legal
guardians of students with identifying relevant Clearinghouse
resources related to supporting the implementation of
Clearinghouse evidence-based practices and
recommendations.''.
(b) Technical Amendments.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by adding at the end the
following:

``Sec. 2220D. Federal Clearinghouse on School Safety Evidence-based
Practices.''.

SEC. 13303. NOTIFICATION OF CLEARINGHOUSE.

(a) Notification by the Secretary of Education.--The
Secretary of Education shall provide written notification of
the publication of the Federal Clearinghouse on School Safety
Evidence-based Practices (referred to in this section and
section 13304 as the ``Clearinghouse''), as required to be
established under section 2220D of the Homeland Security Act
of 2002, as added by section 13302 of this Act, to--
(1) every State and local educational agency; and
(2) other Department of Education partners in the
implementation of the evidence-based practices and
recommendations of the Clearinghouse, as determined
appropriate by the Secretary of Education.
(b) Notification by the Secretary of Homeland Security.--
The Secretary of Homeland Security shall provide written
notification of the publication of the Clearinghouse, as
required to be established under section 2220D of the
Homeland Security Act of 2002, as added by section 13302 of
this Act, to--
(1) every State homeland security advisor;
(2) every State department of homeland security; and
(3) other Department of Homeland Security partners in the
implementation of the evidence-based practices and
recommendations of the Clearinghouse, as determined
appropriate by the Secretary of Homeland Security.
(c) Notification by the Secretary of Health and Human
Services.--The Secretary of Health and Human Services shall
provide written notification of the publication of the
Clearinghouse, as required to be established under section
2220D of the Homeland Security Act of 2002, as added by
section 13302 of this Act, to--
(1) every State department of public health; and
(2) other Department of Health and Human Services partners
in the implementation of the evidence-based practices and
recommendations of the Clearinghouse, as determined
appropriate by the Secretary of Health and Human Services.
(d) Notification by the Attorney General.--The Attorney
General shall provide written notification of the publication
of the Clearinghouse, as required to be established under
section 2220D of the Homeland Security Act of 2002, as added
by section 13302 of this Act, to--
(1) every State department of justice; and
(2) other Department of Justice partners in the
implementation of the evidence-based practices and
recommendations of the Clearinghouse, as determined
appropriate by the Attorney General.

SEC. 13304. GRANT PROGRAM REVIEW.

(a) Federal Grants and Resources.--Not later than 1 year
after the date of enactment of this Act, the Clearinghouse or
the external advisory board established under section 2220D
of the Homeland Security Act of 2002, as added by this
subtitle, shall--
(1) review grant programs and identify any grant program
that may be used to implement evidence-based practices and
recommendations of the Clearinghouse;

[[Page H5902]]

(2) identify any evidence-based practices and
recommendations of the Clearinghouse for which there is not a
Federal grant program that may be used for the purposes of
implementing the evidence-based practice or recommendation as
applicable to the agency; and
(3) periodically report any findings under paragraph (2) to
the appropriate committees of Congress.
(b) State Grants and Resources.--The Clearinghouse shall,
to the extent practicable, identify, for each State--
(1) each agency responsible for school safety in the State,
or any State that does not have such an agency designated;
(2) any grant program that may be used for the purposes of
implementing evidence-based practices and recommendations of
the Clearinghouse; and
(3) any resources other than grant programs that may be
used to assist in implementation of evidence-based practices
and recommendations of the Clearinghouse.

SEC. 13305. RULES OF CONSTRUCTION.

(a) Waiver of Requirements.--Nothing in this subtitle or
the amendments made by this subtitle shall be construed to
create, satisfy, or waive any requirement under--
(1) title II of the Americans With Disabilities Act of 1990
(42 U.S.C. 12131 et seq.);
(2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.);
(4) title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.); or
(5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
(b) Prohibition on Federally Developed, Mandated, or
Endorsed Curriculum.--Nothing in this subtitle or the
amendments made by this subtitle shall be construed to
authorize any officer or employee of the Federal Government
to engage in an activity otherwise prohibited under section
103(b) of the Department of Education Organization Act (20
U.S.C. 3403(b)).

Subtitle D--Amendment on ESEA Funding

SEC. 13401. AMENDMENT ON ESEA FUNDING.

Section 8526 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7906) is amended--
(1) in paragraph (5), by striking ``or'' after the
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(7) for the provision to any person of a dangerous
weapon, as defined in section 930(g)(2) of title 18, United
States Code, or training in the use of a dangerous weapon.''.

DIVISION B--APPROPRIATIONS

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2022, and for other purposes, namely:

TITLE I

DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

salaries and expenses

For an additional amount for ``Salaries and Expenses'',
$100,000,000, to remain available until expended, to meet
additional resource needs of the National Instant Criminal
Background Check System.

State and Local Law Enforcement Activities

Office of Justice Programs

state and local law enforcement assistance

For an additional amount for ``State and Local Law
Enforcement Assistance'', $1,400,000,000, to remain available
until expended, for grants to be administered by the Office
of Justice Programs: Provided, That $280,000,000, to remain
available until expended, shall be made available for fiscal
year 2022, $280,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $280,000,000,
to remain available until expended, shall be made available
for fiscal year 2024, $280,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$280,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That
of the funds made available under this heading in this Act,
the following amounts shall be for the following purposes in
equal amounts for each of fiscal years 2022 through 2026--
(1) $750,000,000 shall be awarded pursuant to the formula
allocation (adjusted in proportion to the relative amounts
statutorily designated therefor) that was used in the fiscal
year prior to the year for which funds are provided for the
Edward Byrne Memorial Justice Assistance Grant program, as
authorized by subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Acts of 1968 (Public Law 90-
351) (the ``1968 Act''), and shall be for the purposes
described in section 501(a)(1)(I) of title I of the 1968 Act,
as amended by title II of division A of this Act: Provided
further, That the allocation provisions under sections 505(a)
through (e), the special rules for Puerto Rico under section
505(g), and section 1001(c) of title I of the 1968 Act shall
not apply to the amount described in this paragraph;
(2) $200,000,000 shall be for grants administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act of 2018 (title V of division S
of Public Law 115-141);
(3) $200,000,000 shall be for grants to the States to
upgrade criminal and mental health records for the National
Instant Criminal Background Check System, including grants to
assist States in providing disqualifying juvenile records
under subsection (g) or (n) of section 922 of title 18,
United States Code: Provided further, That the grants
described in this paragraph shall be available to State
criminal record repositories and State court systems; and
(4) $250,000,000 shall be for a community violence
intervention and prevention initiative.

Community Oriented Policing Services

community oriented policing services programs

For an additional amount for ``Community Oriented Policing
Services Programs'', $100,000,000, to remain available until
expended, for competitive grants to be administered by the
Community Oriented Policing Services Office for purposes
authorized under the STOP School Violence Act of 2018 (title
V of division S of Public Law 115-141): Provided, That
$20,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $20,000,000, to remain
available until expended, shall be made available for fiscal
year 2023, $20,000,000, to remain available until expended,
shall be made available for fiscal year 2024, $20,000,000, to
remain available until expended, shall be made available for
fiscal year 2025, and $20,000,000, to remain available until
expended, shall be made available for fiscal year 2026.

GENERAL PROVISIONS--THIS TITLE

Sec. 21001. None of the funds made available by this title
may be transferred in this or any future fiscal year pursuant
to the authority in section 205 of the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022, or
any successor provision in a subsequently enacted
appropriations Act.
Sec. 21002. (a) The Department of Justice shall provide a
detailed spend plan for the fiscal year 2022 and 2023 funds
made available in this title to the Committees on
Appropriations of the House of Representatives and the Senate
within 45 days after the enactment of this Act and, for each
of fiscal years 2024 through 2026, as part of the annual
budget submission of the President under section 1105(a) of
title 31, United States Code, the Attorney General shall
submit a detailed spend plan for the funds made available in
this title in that fiscal year.
(b) The spend plan described in subsection (a) shall
include a specific and detailed description of the intended
administration, review processes, allowable purposes,
eligibility requirements, and priority areas or weightings
for the grant programs funded in this title.

TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration

health surveillance and program support

For an additional amount for ``Health Surveillance and
Program Support'', $800,000,000, to remain available until
September 30, 2025: Provided, That $312,500,000, to remain
available until December 31, 2022, shall be made available
for fiscal year 2022, $162,500,000, to remain available until
September 30, 2023, shall be made available for fiscal year
2023, $162,500,000, to remain available until September 30,
2024, shall be made available for fiscal year 2024, and
$162,500,000, to remain available until September 30, 2025,
shall be made available for fiscal year 2025: Provided
further, That of the funds made available under this heading
in this Act, the following amounts shall be for the following
purposes in equal amounts for each of fiscal years 2022
through 2025, unless stated otherwise--
(1) $250,000,000 shall be for grants for the community
mental health services block grant program under subpart I of
part B of title XIX of the Public Health Service Act;
(2) $40,000,000 shall be for National Child Traumatic
Stress Network;
(3) $240,000,000 shall be for activities and services under
Project AWARE, of which no less than $28,000,000 shall be for
activities described in section 7134 of Public Law 115-271;
(4) $120,000,000 shall be for Mental Health Awareness
Training; and
(5) $150,000,000 shall be for the National Suicide
Prevention Lifeline for fiscal year 2022.

Office of the Secretary

public health and social services emergency fund

(including transfer of funds)

For an additional amount for ``Public Health and Social
Services Emergency Fund'', $190,000,000, to remain available
until September 30, 2026: Provided, That $82,000,000, to
remain available until December 31, 2022, shall be made
available for fiscal year 2022, $32,000,000, to remain
available until September 30, 2023, shall be made available
for fiscal year 2023, $32,000,000, to remain available until
September 30, 2024, shall be made available for fiscal year
2024, $32,000,000, to remain available until September 30,
2025, shall be made available for fiscal year 2025, and
$12,000,000, to remain available until September 30, 2026,
shall be made available for fiscal year 2026: Provided
further, That of the funds made available under this heading
in this Act, the following amounts shall be for the following
purposes in equal amounts for each of fiscal years 2022
through 2026, unless stated otherwise--
(1) $60,000,000 shall be for primary care training and
enhancement under section 747 of the Public Health Service
Act (42 U.S.C. 293k) to provide mental and behavioral health
care training as part of the training of pediatricians and
other primary care clinicians who plan to provide care for
pediatric populations and other vulnerable populations, such
as victims of abuse or trauma, and individuals with mental
health or substance use disorders: Provided further, That
section 747(c)(2) of the Public Health Service Act (42 U.S.C.
293k(c)(2)) shall not apply to funding made available in this
paragraph: Provided further, That such funds shall be
transferred to ``Health Resources and Services
Administration--Health Workforce'';

[[Page H5903]]

(2) $80,000,000 shall be for pediatric mental health care
access under section 330M of the Public Health Service Act
(42 U.S.C. 254c-19), in equal amounts for each of fiscal
years 2022 through 2025: Provided further, That such funds
shall be transferred to ``Health Resources and Services
Administration--Maternal and Child Health''; and
(3) $50,000,000, to remain available until expended, shall
be for carrying out subsection (b) of section 11003 of
division A of this Act for fiscal year 2022: Provided
further, That such funds shall be transferred to ``Centers
for Medicare & Medicaid Services--Grants to States for
Medicaid''.

DEPARTMENT OF EDUCATION

School Improvement Programs

For an additional amount for ``School Improvement
Programs'', $1,050,000,000, to remain available through
September 30, 2025, for carrying out subpart 1 of part A of
title IV and part B of title IV of the Elementary and
Secondary Education of 1965 (referred to in this Act as
``ESEA''), in addition to amounts otherwise available for
such purposes: Provided, That $50,000,000, to remain
available through September 30, 2023, shall be for carrying
out part B of title IV of the ESEA: Provided further, That
the Secretary shall increase support for the implementation
of evidence-based practices intended to increase attendance
and engagement of students in the middle grades and high
school in community learning centers using funds in the
preceding proviso: Provided further, That $1,000,000,000
shall be for activities under section 4108 of the ESEA and,
notwithstanding section 4105 of such Act, States shall make
awards on a competitive basis to high-need local educational
agencies as determined by the State.

Safe Schools and Citizenship Education

For an additional amount for ``Safe Schools and Citizenship
Education'', $1,000,000,000, to remain available through
December 31, 2026: Provided, That $200,000,000, to remain
available until March 31, 2023, shall be made available for
fiscal year 2022, $200,000,000, to remain available until
December 31, 2023, shall be made available for fiscal year
2023, $200,000,000, to remain available until December 31,
2024, shall be made available for fiscal year 2024,
$200,000,000, to remain available until December 31, 2025,
shall be made available for fiscal year 2025, and
$200,000,000, to remain available until December 31, 2026,
shall be made available for fiscal year 2026: Provided
further, That not more than two percent of each of such
amounts may be used for program administration, technical
assistance, data collection, and dissemination of best
practices: Provided further, That of the funds made
available under this heading in this Act, the following
amounts shall be available for the following purposes in
equal amounts for each of fiscal years 2022 through 2026--
(1) $500,000,000 shall be for carrying out School Based
Mental Health Services Grants, in addition to amounts
otherwise available for such purposes; and
(2) $500,000,000 shall be for carrying out Mental Health
Services Professional Demonstration Grants, in addition to
amounts otherwise available for such purposes.

GENERAL PROVISIONS--THIS TITLE

Sec. 22001. None of the funds made available by this title
may be transferred in this or any future fiscal year pursuant
to the authority in section 205 or section 302 of the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2022
(division H of Public Law 117-103), or any successor
provision in a subsequently enacted appropriations Act, or
section 241(a) of the Public Health Service Act.
Sec. 22002. Not later than 30 days after the date of
enactment of this Act, the Secretaries of Health and Human
Services and Education shall each provide a detailed spend
plan of anticipated uses of funds made available to their
respective Departments in this title, including estimated
personnel and administrative costs, to the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That such plans shall be updated and
submitted to such Committees every 60 days until all funds
are expended: Provided further, That the spend plans shall
be accompanied by a listing of each contract obligation
incurred that exceeds $5,000,000 which has not previously
been reported, including the amount of each such obligation:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate shall be briefed
on obligations quarterly until all funds are expended.
Sec. 22003. Not later than 60 days after the date of
enactment of this Act, the Secretaries of Health and Human
Services and Education shall each provide biweekly obligation
reports for funds made available to their respective
Departments in this title, including anticipated uses of
funds made available in this title, to the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That such reports shall be updated and
submitted biweekly to the Committees until all funds are
expended.

TITLE III

GENERAL PROVISIONS--THIS DIVISION

Sec. 23001. Each amount appropriated or made available by
this division is in addition to amounts otherwise
appropriated for the fiscal year involved.
Sec. 23002. No part of any appropriation contained in this
division shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
Sec. 23003. Unless otherwise provided for by this
division, the additional amounts appropriated by this
division to appropriations accounts shall be available under
the authorities and conditions applicable to such
appropriations accounts for fiscal year 2022.
Sec. 23004. Each amount provided by this division is
designated by the Congress as being for an emergency
requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
Sec. 23005. (a) Statutory PAYGO Scorecards.--The budgetary
effects of each division of this Act shall not be entered on
either PAYGO scorecard maintained pursuant to section 4(d) of
the Statutory Pay As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of each
division of this Act shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con.
Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(7)
and (c)(8) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the budgetary effects of this division
shall be estimated for purposes of section 251 of such Act
and as appropriations for discretionary accounts for purposes
of the allocation to the Committee on Appropriations pursuant
to section 302(a) of the Congressional Budget Act of 1974 and
section 4001 of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
This division may be cited as the ``Bipartisan Safer
Communities Supplemental Appropriations Act, 2022''.

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

Motion to Concur

Mr. NADLER. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:

Mr. Nadler moves that the House concur in the Senate
amendments to the House amendment to S. 2938.

The SPEAKER pro tempore. Pursuant to House Resolution 1204, the
motion shall be debatable for 1 hour equally divided and controlled by
the chair and ranking minority member of the Committee on the Judiciary
or their designees.
The gentleman from New York (Mr. Nadler) and the gentleman from Ohio
(Mr. Jordan) each will control 30 minutes.
The Chair recognizes the gentleman from New York.

general leave

Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on S. 2938.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would be remiss if I did not comment on the decision
of the Supreme Court, just minutes ago, to revoke the constitutional
right to abortion, a right that millions of Americans have relied upon
for half a century.
Worse, Justice Thomas has indicated that this is merely the beginning
of a radical, rightwing effort to roll back other rights, including the
right to contraception, the right to marry whomever we choose, and the
fundamental right to privacy.
We should observe that the same Justices telling us today that
questions about reproductive rights must be left to the States, told us
just yesterday that the States cannot be trusted to regulate modern
firearms, weapons that were never dreamed of by the Framers of the
Second Amendment. History will prove these activists wrong on both
counts.
But today, Mr. Speaker, we take a historic first step toward ending
the epidemic of gun violence in this Nation, the only developed Nation
with this problem.
We come to this moment after the tragic loss of so many innocent
lives: 10 African Americans in Buffalo, targeted because of their race;
19 young students and 2 teachers in Uvalde, just a few days short of
their summer vacations; scores more lost in other mass shootings too
numerous to mention; and over 100 more Americans killed every day in
gun violence that never makes the headlines.
No piece of legislation can ever bring these lives back. No
legislation can make their families or their communities whole. But we
can act to keep others from facing the same trauma they have endured.
A few weeks ago, I was proud to bring forth the Protecting Our Kids
Act,

[[Page H5904]]

which took a bipartisan and comprehensive approach to ending gun
violence. I am pleased that the Senate incorporated portions of that
bill into their own legislation.
I wish there was more. I wish we could say we were doing everything
we could to prevent another parent from losing their child to gun
violence, but I am proud to be making an important start today.
This cannot be the last step, but we also cannot let another day go
by without taking action to make our communities safer and to keep even
one more family whole.
Recently, I have turned to a particular teaching in the Talmud:

Whoever takes one life, it is as if he kills the entire
world; and whoever saves one life, it is as if he saves the
entire world.

This legislation includes provisions that will save many lives. Like
the Protecting Our Kids Act, it includes funding to implement extreme
risk protection laws and the prohibition on straw purchasing. It also
strengthens background checks for those under 21, makes more sellers
responsible for conducting background checks, takes steps to address
the boyfriend loophole, and provides significant funding for programs
that will make our communities safer.
Today, we will send legislation to the President's desk, for the
first time in decades, that will make progress toward ending the
scourge of gun violence.
Mr. Speaker, I urge my colleagues to join me in supporting the
Bipartisan Safer Communities Act, and I reserve the balance of my time.

{time} 1130

Mr. JORDAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me first say, God bless the United States Supreme
Court. And God bless President Trump for the people he selected for our
highest court. Today's decision is a win for the Constitution and a win
for the sanctity of human life. June 24, 2022, a date that will be
remembered as a win for the sacredness of human life.
Now this bill. Mr. Speaker, the rights spelled out in the First
Amendment and protected by the Second Amendment are why the United
States is different than every other country. It is why we are special.
It is why we are the greatest Nation in history.
For 18 months, the Democrats have attacked our First Amendment
liberties. Today, they are coming after our Second Amendment liberties.
And who knows what it will be tomorrow. I can only imagine.
My guess is, in light of the decision yesterday from Justice Thomas,
the decision today from the Court, my guess is they are going to look
to pack the Court. The Democrat chair of the Committee on the Judiciary
has already introduced legislation to pack the Court.
It might be amnesty for the 2 million illegal immigrants who have
come into our country in the Biden administration. They told us they
want to end the electoral college and the filibuster--and who knows
what it will be tomorrow. But today, they are coming after law-abiding
American citizens' Second Amendment liberties.
Understand what this legislation does. This legislation tells States:
Someone who doesn't like you can report you to law enforcement or to a
judge. There will be a hearing, a hearing where you can't be at, your
lawyer can't be at, you can't confront your accuser. You didn't commit
any crime, but they can take your property. They can take your guns.
They can take away your Second Amendment rights. And then you have to
petition to have a subsequent hearing where you get them back. That is
what this legislation does.
And understand this, and this is so important. This is not being done
in a vacuum. Understand what we have seen from the left and how they
have weaponized a government against their political enemies.
Mr. Speaker, 12 years ago, it was the IRS targeting conservatives.
Mr. Speaker, 6 years ago, it was the FBI spying on President Trump's
campaign.
More recently, it was the Department of Justice using
counterterrorism measures against moms and dads.
Just a few weeks ago, the Department of Homeland Security set up the
Disinformation Governance Board; going to chill everyone's speech.
Today, they are coming after your Second Amendment liberties.
Here is the good news: Yesterday, the Supreme Court got it right.
They got it right when it came to the Second Amendment. We should
celebrate that. I hope that this bill doesn't pass. It seems like it is
going to, but I hope it doesn't.
Mr. Speaker, I urge a ``no'' vote, and I reserve the balance of my
time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the distinguished Speaker of the House.
Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding and for
his extraordinary leadership in bringing this very important
legislation to the floor. I commend the chairman, as well as Mr. Mike
Thompson, the chair of our Gun Violence Prevention Task Force, and so
many others who have participated in so many elements of this
legislation.
Mr. Speaker, I rise in support of the bipartisan Safer Communities
Act, a strong step forward to combat America's epidemic of gun violence
and to protect our precious children.
As lawmakers, we share a sacred responsibility to keep our kids safe
from harm. But according to new data from the CDC, guns are the number
one killer of children in America; more than car accidents or cancer.
Our hearts remain shattered by the rampage at Robb Elementary School in
Uvalde, as they do from the massacre at Sandy Hook, and countless other
communities across the Nation.
Indeed, we know these schools could have been in any one of our
districts--and have been in some, those families could have been any
one of our neighbors--and have been, and those children could have been
our own.
All of us who have met with survivors in the wake of the tragedies
have heard their message loud and clear. We must do something.
Today, in their honor, we heed their powerful cry, sending a major
gun violence prevention legislation to President Biden's desk for
signature. We send it to the President for his signature, with
gratitude for his leadership on this important issue. He was the author
of the Brady Law in 1994 and has been a champion ever since.
This legislation, the bipartisan Safer Communities Act, includes
several strong steps to save lives not only from horrific mass
shootings, but also from the daily massacre of gun crime, suicide, and
tragic accidents.
Included in this package are two major provisions which we have
championed here in the House:
First, this bill includes significant investments to help States
establish Extreme Risk Protection Order Laws, otherwise known as red
flag laws.
Thanks to the leadership of Representative Lucy McBath, who has been
our inspirational leader on this subject in our caucus and this
Congress, and Salud Carbajal, these provisions will keep deadly weapons
away from those who pose a threat to themselves and to others.
Secondly, this bill takes strong action to combat straw purchases, a
cause Congresswoman Robin Kelly spearheaded in our Chamber. Although we
hear about the notorious mass murders every day on our streets and in
our country, murders take place. Doing so will make it illegal to buy
guns on behalf of those who cannot legally purchase.
If I can pass the test, I buy the gun. And then I sell it to you
because you can't pass the test.
Straw purchase. Very dangerous. This bill addresses that. That is a
giant step.
This package also includes additional initiatives that will help
reduce the danger of gun violence across our country. We are moving
toward closing the boyfriend loophole: a victory to help protect
survivors of domestic violence and to stop known abusers from acquiring
a gun. This has long been a priority.
We are strengthening background checks for potential buyers under 21,
which would have applied to the 18-year-old gunman at Uvalde. And we
are making enormous investments in mental health programs, school
safety programs, and community-based violence prevention initiatives.
I mention all these, Mr. Speaker, because, of course, I have to say
that this

[[Page H5905]]

bill doesn't do everything we would like to do. We need to do more on
background checks. There is some other language that we would like to
do in terms of background checks not only on guns, but perhaps on high-
capacity armament.
I say to my colleagues, as I frequently do--but it applies here now
more than ever: Let us not judge this legislation for what is not in it
but respect it for what it does. And what it does is save lives. And we
are very, very proud of that.
Again, I thank Chairman Nadler and Gun Violence Protection Task Force
chairman, Mike Thompson, for their determined leadership in bringing
this legislation to the floor. This package represents the most
significant action to prevent gun violence in nearly three decades and
is a necessary step to honor our solemn duty as lawmakers to protect
and defend the American people.
Importantly, the bipartisan Safer Communities Act has earned strong
support from gun owners, gun survivors, and law enforcement alike.
Gun Owners for Responsible Ownership endorse our bill saying: ``We
write today as responsible gun owners; but above all else, we are proud
parents and grandparents of toddlers, students, and young teachers. We
want them to be safe.''
Everytown for Gun Safety wrote that this ``commonsense legislation
addresses every form of gun violence.''
And the Fraternal Order of Police and the International Association
of Chiefs of Police applauded our bipartisan agreement, calling it a
giant step forward and one that will save lives. I repeat: A giant step
forward and one that will save lives. The statements are from the
Fraternal Order of Police and the International Association of Chiefs
of Police.
Indeed, keeping our children safe is a unifying issue for our
country, and it must be a unifying issue in this Congress.
Yesterday, our Nation watched in horror as a radical partisan
supermajority of the Supreme Court ruled to flood America's streets
with even more deadly weapons.
It is unconscionable that as America reaches a fever pitch of gun
violence, the Court has chosen to create a new right to bring guns into
public spaces, while hindering the ability of States to stop the
bloodshed. In doing so, the GOP supermajority, Trump-McConnell Court,
is implicitly endorsing the tragedy of mass shootings and daily gun
deaths plaguing our Nation.
Mr. Speaker, with this bipartisan package, we take the first steps to
fight back on behalf of the American people who desperately want new
measures to keep communities safe in the high numbers in the polling.
Our Democratic House majority has again and again passed landmark
legislation that would combat the scourge of gun violence, and we will
never give up in our fight to save lives
Mr. Speaker, our fight to prevent gun violence is of, by, and for the
children.
Of the children, because they are suffering. It is heartbreaking that
in America more children die from guns than any other cause.
By the children, because they are leading. We see the children
marching in the streets, testifying before Congress, demanding action.
And always for the children, building a future where every child can
reach his or her fulfillment, free from the fear of gun violence.
To the Members who lack the courage to join in this work--to those
who lack the courage to join in this work--I say your political
survival is insignificant compared to the survival of our children.
Today, we will prevail for the children.
Mr. Speaker, I urge a strong bipartisan ``aye'' vote for this
lifesaving legislation.
Mr. JORDAN. Mr. Speaker, I will tell you what saves lives. The
decision we got from the Supreme Court today saves lives. This bill
takes rights away from law-abiding citizens, their Second Amendment
liberties. That is the key distinction.
Mr. Speaker, I yield 2 minutes to my friend, the gentleman from
Louisiana (Mr. Johnson).
Mr. JOHNSON of Louisiana. Mr. Speaker, Speaker Pelosi just lectured
us. She said guns are the number one killer of children in America.
That is not true. Abortion violence is the number one killer of
children in America, until today. There is no right to abortion in the
Constitution. And, thankfully, the Supreme Court finally said that
decisively. Thanks be to God.
There is a right, however, a crystal-clear right in the Constitution
to keep and bear arms. But here we are today. Congress is moving full
steam ahead to restrict the right to self-defense for law-abiding gun
owners and the right to due process for all Americans.
This legislation is the wrong approach, and we ought to oppose it.
In our Judiciary markup several days ago, some of our Democrat
colleagues here on the floor today openly said they don't care about
the Constitution. They don't care about its protections. They want to
overlook that. This bill does that. It is the perfect example of
Members of Congress simply ignoring the Constitution.
President Biden and his administration are already disobeying laws
that we have on the books to revoke firearm dealer licenses over simple
clerical errors. This legislation is going to make that worse. This is
not going to help anything. It is going to lead to more errors, more
false flags, more backlogs in the NICS system. There is nothing in this
bill to fix that. There is nothing in this bill to increase school
safety.

Mr. Speaker, we want real solutions. We think that we ought to harden
the schools; real, physical improvements to help protect children, but
that is not here. They didn't have time for that.
Two weeks ago, I had a very moving conversation with Pastor YJ
Jimenez. He is a pastor on the ground ministering to the people of the
Uvalde community who have suffered such an unspeakable loss. He said
something that was really clear, and I think it is echoed throughout
America. People paid a lot of attention to it.
He said, You know what, we need to address the root causes of all
this bloodshed. He said America's problem is not guns. America's
problem is a heart problem. And he is exactly right.
Today we are seeing the results of decades of decline in the
secularization of American society and the open assault on our
institutions: family, religion, morality, the breakdown of law and
order.
We see the results of all this on young people--in clinical settings,
in schools, and everywhere else.
We want to do things that matter.
It is not more gun control.
It is not more Federal laws.
It is not more intrusive government.
We need to address the root causes.

{time} 1145

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Texas (Ms. Jackson Lee), a member of the Judiciary
Committee.
Ms. JACKSON LEE. Mr. Speaker, I stand here in the name of Mr. Garza,
whose daughter in Uvalde bled out, Buffalo, Tulsa, Parkland, Santa Fe,
and Sandy Hook. I stand here with the recognition of my chairman, Mr.
Nadler, and the years and decades--mine, over two decades--of fighting
for gun laws.
As I hold up the number of gun laws that I introduced over 27 years--
pages and pages--I can say to the Senate that in this bill, the
Bipartisan Safer Communities Act, they have built on our legislation.
My bill, the Mental Health Access and Gun Violence Prevention Act,
which will increase access to mental health treatment, is in this bill.
The Violence Against Women Act, the boyfriend loophole, is in this
bill. The Protecting Our Kids Act and the issues dealing with raising
the age, bump stocks, and ghost guns are yet to be done, but we can
stand on this because it was bipartisan.
Mr. Speaker, I include in the Record a list of gun violence
prevention legislation.

Congresswoman Sheila Jackson Lee of Texas Gun Violence Prevention
Legislation

117th Congress

H.R. 127--Sabika Sheikh Firearm Licensing and Registration
Act
H.R. 2585, ``Juvenile Accountability Block Grant
Reauthorization and the Bullying Prevention and Intervention
Act''
H.R. 121--Grin Violence Reduction Resources Act of 2021
H.R. 125, Gun Safety: Not Sorry Act of 2021
H.R. 130, Kimberly Vaughan Firearm Safe Storage Act
H.R. 135, Accidental Firearms Transfers Reporting Act of
2021

[[Page H5906]]

H.R. 137, Mental Health Access and Gun Violence Prevention
Act of 2021
H.R. 133, David Ray Hate Crimes Prevention Act of 2021

116th Congress

H.R. 49, Santa Fe High School Victims Act
H.R. 4080, Kimberly Vaughan Firearm Safe Storage Act
H.R. 4081, Sabika Sheikh Firearm Licensing and Registration
Act
H.R. 4082, Accidental Firearms Transfers Reporting Act of
2019

115th Congress

H.R. 57, Accidental Firearms Transfers Reporting Act of
2017
H.R. 62, Gun Violence Reduction Resources Act of 2017
H.R. 1982, Mental Health Access and Gun Violence Prevention
Act of 2017
H.R. 1983, David Ray Hate Crimes Prevention Act of 2017
H.R. 4268, Gun Safety: Not Sorry Act of 2017
H.R. 5088, No More Atrocities with Guns Act or the No MAGA
Act
H.R. 7016, Protect Lives and Stop the Imminent Chaos Act of
2019--the PLASTIC Act

114th Congress

H.R. 4315--Mental Health Access and Gun Violence Prevention
Act
H.R. 4316--Gun Violence Reduction Resources Act
H.R. 47--Gun Storage and Safety Devices for All Firearms
Act
H.R. 3125--Accidental Firearms Transfers Reporting Act
H.R. 5470--Stopping Mass Killings by Violent Terrorists Act
H. Amdt. 48 to H.R. 5 Student Success Act
H.R. 68--Tiffany Joslyn Juvenile Accountability Block Grant
Program Reauthorization Act of 2016

113th Congress

H.R. 65, Child Gun Safety and Gun Access Prevention Act of
2013
H.R. 2665, To ensure secure gun storage and gun safety
devices
H.R. 2585--Juvenile Accountability Block Grant
Reauthorization and the Bullying Prevention and Intervention
Act of 2013

112th Congress

H.R. 4315, Mental Health Access and Gun Violence Prevention
Act of 2016
H.R. 4316, Gun Violence Reduction Resources Act of 2016
H.R. 65, Child Gun Safety and Gun Access Prevention Act of
2013
H.R. 2665, To ensure secure gun storage and gun safety
devices.
H.R. 227--Child Gun Safety and Gun Access Prevention Act of
2011
H.R. 83--Bullying Prevention and Intervention Act of 2011
H.R. 5770--Juvenile Accountability Block Grant
Reauthorization and the Bullying Prevention and Intervention
Act
H.R. 6019--Juvenile Accountability Block Grant
Reauthorization and the Bullying Prevention and Intervention
Act of 2012

111th Congress

H.R. 257--Child Gun Safety and Gun Access Prevention Act of
2009
H.R. 6542--Bullying Prevention and Intervention Act of 2010

110th Congress

H.R. 256--Child Gun Safety and Gun Access Prevention Act of
2007

109th Congress

H.R. 246--Child Gun Safety and Gun Access Prevention Act of
2005

108th Congress

H.R. 76--Child Gun Safety and Gun Access Prevention Act of
2003

107th Congress

H.R 70--Child Gun Safety and Gun Access Prevention Act of
2001
H. Amdt. 187--107th Congress

106th Congress

H.R. 3987--Child Gun Safety and Gun Access Prevention Act
of 2000

Ms. JACKSON LEE. Mr. Speaker, people are dying every day, and it is
obvious that through the legislation--The New York Times said here are
the shootings, pages and pages, that could have been stopped by
stricter gun laws.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Speaker, this article has the mass shootings
where stricter gun laws might have made a difference.
We understand that this legislation is only the concrete beginning.
My friends are going to attack that, but the American people are 70
percent for banning various weapons that are assault weapons. They are
70 percent and more for extreme risk protection. They are 70 percent
and more for understanding that we need an extended time for purchase
of these guns. And, yes, they are supporters of the Kimberly Vaughn
Safe Storage Act, which is a storage bill that says that we need to get
people to prevent suicide and to store their guns.
Mr. Speaker, I rise in support of S. 2938, the ``Bipartisan Safer
Communities Act.''
America is experiencing a crisis of gun violence.
In America, gun violence threatens our sense of safety and security
everywhere we go: where we shop for groceries; where we worship with
our families; and where we enjoy movies, dancing, outdoor festivals,
and concerts with friends.
I and many other members of Congress have introduced commonsense gun
safety legislation to make communities safer--over and over, year after
year, Congress after Congress. Until now, we have been unable to pass
any meaningful legislation.
After more than twenty years of drafting and repeatedly introducing
gun safety legislation, like my bill, the Mental Health Access and Gun
Violence Prevention Act to increase access to mental health treatment
and promote reporting of mental health information to the background
check system, I am encouraged by the steps we are taking today but wish
we did not have to lose so many lives to reach this point.
For years, I fought to close the boyfriend loophole--most recently in
the Violence Against Women Act Reauthorization of 2021, which passed
the House last year.
Finally, through the Bipartisan Safer Communities Act, we will ensure
abusive dating partners convicted of misdemeanor domestic violence
offenses are prohibited from purchasing or possessing firearms for at
least five years.
Two weeks ago, this body proved to the American people that a
compromise could be reached on sensible gun safety measures when we
passed the ``Protecting Our Kids Act.'' That legislation, which I
introduced along with Chairman Jerry Nadler and Representative Mike
Thompson, encompassed decades of our hard work and proved to be the
catalyst for the bill we are considering today.
Like the Protecting Our Kids Act, this bill would establish new
federal offenses that specifically prohibit gun trafficking and straw
purchasing to thwart guns moving through the iron pipeline, keeping
them off the street and out of the hands of criminals.
While our bill would have raised the age at which a person could
purchase a semiautomatic rifle from 18 to 21--a concept I proposed in
my No More Atrocities with Guns Act of 2018--this bill would enhance
the background check process and investigative period for purchases of
rifles by anyone under the age of 21 and further strengthen the
background check process by clarifying who is engaged in the business
of selling firearms and, as a result, is required to run background
checks.
We also passed the Federal Extreme Risk Protection Order Act of 2021
recently that would give loved ones the ability to seek an extreme risk
protection order before our federal court when an individual presents a
serious threat to themselves or others by use of a firearm and provide
funding to enhance, promote, and implement similar laws at the state-
level, which Safer Communities will do.
With the passage of this bill, we make a significant step forward in
the fight to end gun violence. But we must keep working to find
reasonable solutions to other problems that contribute to gun violence
in this country that are not addressed in this bill.
We must ban deadly bump stocks, ghost guns, and high-capacity
magazines as we endeavored to do in the Protecting Our Kids Act. We
must ban assault weapons.
We must institute a seven-day waiting period for purchases of the
deadliest of instrumentalities such as silencers and body armor, which
I have pressed for in my own bill, the Gun Safety: Not Sorry Act of
2017 and 2021, and assault weapons if we do not ban them.
We must pass legislation that encourages safe firearm storage
practices, like my bill the Kimberly Vaughan Firearm Safe Storage Act
that was included in the Protecting Our Kids Act to expand the
requirement that safe storage devices be made available at the point of
sale, which will train new gun owners on the value of safe storage and
remind seasoned gun owners that safe storage goes hand-in-hand with
responsible gun ownership.
23 years after Columbine when I first began introducing gun safety
legislation, and hundreds of thousands of gun deaths later, we continue
to mourn the unnecessary loss of life. Enough is enough.
While this bill may not solve all the problems that contribute to the
epidemic of gun violence, we must pass it without delay. Far too many
lives have been lost for us to wait any longer.
I support this meaningful, bipartisan legislation and urge my
colleagues to do the same. Let us save lives and protect the children
of America--together.
The Bipartisan Safer Communities Act would inject $4.5 billion in
critical funding into various state agencies and programs through the
Department of Justice, Department of Health and Human Services, and
Department of Education to:
Expand community mental health services for children and families,
and fund school-based mental health services and supports;

[[Page H5907]]

Implement evidence-based school violence prevention efforts; and
Encourage and support evidence-based, community violence intervention
programs and crisis intervention services, including the implementation
of vital Red Flag Laws--which have been proven to reduce the firearm
suicide rates in states that have already enacted such laws.
In America, gun violence is the leading cause of death among
children. In America, an average of 70 women are shot and killed by an
intimate partner every month. In America, mass shootings occur
increasingly each year--and every day, 316 people on average are shot.
In America, 45,979 deaths were by suicide in 2020--more than half of
those deaths were by firearm.
Each day parents send their children off to school, from elementary
age to college, praying now more than ever that they will return to
them safe and sound.
19 elementary school-aged children and two teachers in Uvalde, Texas;
10 people going about their daily lives at a market in Buffalo, New
York, all killed by 18-year-olds wielding AR-15-style weapons of war.
And 4 people murdered at a hospital in Tulsa, Oklahoma with another
assault weapon purchased only hours earlier.
In my home state of Texas, the El Paso Walmart shooting--22 dead;
Sutherland Springs--26 dead; Santa Fe High School--10 dead; Fort Hood
in 2009--13 dead; and the Dallas shooting of police--5 officers dead
and nine others injured.
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Arizona (Mr. Biggs).
Mr. BIGGS. Mr. Speaker, I thank God for the decision that stops the
heinous practice that has taken more than 60 million lives in this
country over the last 50 years. I thank God that those voices that have
been lost, we will not see that anymore. I hope and pray that that is
the case. I thank them for that.
There is no right to take that life, but there is a right to defend
yourself. We have a God-given, constitutionally protected right to
protect ourselves, and the Supreme Court reaffirmed that yesterday.
This bill infringes on the constitutionally protected rights of law-
abiding Americans, and it provides funding for States to infringe on
Americans' Second Amendment rights and violate their due process
rights.
It treats 18-, 19-, and 20-year-old Americans as second-class
citizens. The Ninth Circuit recently held that the Second Amendment
applies to 18-, 19-, and 20-year-old Americans just like it does to
Americans over the age of 21.
This bill criminalizes routine gun transactions between law-abiding
Americans.
Justice Alito, in his concurrence, highlighted the flawed logic used
by the supporters of this bill. Alito said: ``Does the dissent think
that laws like New York's prevent or deter such atrocities? Will a
person bent on carrying out a mass shooting be stopped if he knows that
it is illegal to carry a handgun outside the home? And how does the
dissent account for the fact that one of the mass shootings near the
top of its list took place in Buffalo? The New York law at issue in
this case obviously did not stop that perpetrator.''
The essence of this is gun controls do not stop criminals because
criminals have no regard for the law. That is the definition of a
criminal.
This bill will restrict law-abiding Americans' ability to purchase
firearms and protect themselves and their families. It violates a basic
God-given right.
Mr. Speaker, I oppose this bill and urge my colleagues to do the
same.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from California (Ms. Lofgren), a member of the Judiciary
Committee.
Ms. LOFGREN. Mr. Speaker, I rise in support of this bill.
My State of California has several provisions in law that are
included in this bill, but it doesn't work as a patchwork because
individuals can cross State lines and endanger people.
Everything in this bill is consistent with the Second Amendment. That
is why it got such bipartisan support in the Senate.
In the last 3 years alone, my district has had two cities added to
the long list of communities that have experienced mass shootings.
America doesn't have to be the only country in the world where mass
shootings are a near-daily occurrence. There is broad support in the
country for reform that will prevent this epidemic of gun violence.
This bill doesn't do everything that I think should happen, but it
does something. It will make people safer. I strongly urge its support.
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. McClintock).
Mr. McCLINTOCK. Mr. Speaker, instead of treating law-abiding citizens
as if they were criminals, maybe we should start treating criminals as
if they were criminals. Stop the plea bargains, put gun predators
behind bars until they are old and gray, and execute the murderers.
Those measures worked until a generation of soft-on-crime judges,
woke district attorneys, and politically correct police commissioners
made a mockery of our laws.
If someone is dangerously mentally ill, then, of course, they should
not have access to firearms. They shouldn't have access to any kind of
weapons. We once confined them so we could treat them and prevent them
from doing harm during the course of their illness. We had a commitment
process that respected due process. They could come before a judge to
challenge the findings in open court, submit evidence on their behalf,
and face their accuser, but not under the red flag laws this bill
promotes.
An anonymous accuser can trigger a secret proceeding against you that
you don't even know is happening until the police bang on your door in
the dead of night, ransack your house, and strip you of your right of
self-defense. The burden then falls on you to try to restore it.
This bill also targets young adults for special restrictions. We
trust them to vote, to start families, to enter into legally binding
agreements, but we don't trust them with firearms because of what some
criminal or madman their age did?
Just laws hold people accountable for their own actions; unjust laws
hold them accountable for other people's actions. This is an unjust
law.
These atrocities will go on until we get the criminals and madmen off
our streets. How many more tragedies do we need to go through before
the Congress understands this self-evident truth?
Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), the distinguished majority leader of the House.
Mr. HOYER. Mr. Speaker, for years, the gun violence epidemic in our
country has forced us to cope with immeasurable grief and loss.
Throughout America, many communities have begun to erect memorials to
remember those they have lost through gun violence. These monuments are
not much different than those right outside The National Mall that
honor Americans killed in war.
Just last week, people in San Bernardino, California, unveiled the
Curtain of Courage made of steel and bronze to pay tribute to the 16
people who were murdered at a mass shooting there in 2015.
In Newtown, Connecticut, a planned memorial will feature a spiral of
granite inscribed with the names of 20 children and 6 teachers killed
at Sandy Hook Elementary in 2012.

Memorials are being built or planned, as well, to honor those who
died in shootings in Charleston, Orlando, Las Vegas, El Paso, Buffalo,
Uvalde, and many others.
The best way to honor those we have lost to gun violence, however, is
not with bronze, steel, or granite. Rather, it is with meaningful
action to prevent others from suffering the same fate.
The Bipartisan Safer Communities Act, which was overwhelmingly passed
by the United States Senate, and which I am pleased to bring to the
floor today, is a step in the right direction to take action.
This legislation includes measures that will reduce the threat of gun
violence and save lives across the country. It will help implement red
flag laws that empower law enforcement officers to keep guns out of the
hands of people at risk of using them to harm themselves or others.
Closing the so-called boyfriend loophole in this bill will prevent
people convicted of domestic abuse in a dating relationship from
possessing deadly firearms. If they have displayed violence, they ought
to be prohibited from getting weapons

[[Page H5908]]

that will make mass violence more probable and possible. It will also
require more thorough background checks for Americans under the age of
21 who seek to purchase a gun.
We passed expanded background checks through this House, and 85
percent of the American people say they are for that--and that is the
minimum--but no action has been taken in the United States Senate. They
have taken some action, and some action is better than no action.
Additionally, this legislation includes $250 million in funding for
community-based violence prevention programs.
Do we not want to see community violence diminished?
It will also crack down on those who make straw purchases, purchases
of guns that otherwise, under the existing system, could not be
purchased by the ultimate user of those guns.
Mr. Speaker, I thank Senator Murphy, Judiciary Committee Chairman
Jerry Nadler, Representative Lucy McBath, Representative Robin Kelly,
Chairman Mike Thompson of the Gun Violence Prevention Task Force, and
those Republicans who said that ``NRA'' does not stand for ``no
Republican action.'' They took action. They stood up, even in the face
of boos from their own party.
This legislation, as I said, is a step forward. That is how we make
progress in America, a step at a time.
None of us have had the opportunity ever to vote on a perfect bill in
this House. We vote on good bills that we feel will move our country
forward. This is that kind of bill, a step forward but not enough.
Many of us feel that we need to do more. We need to do comprehensive
background checks. We need to close the Charleston loophole. We sent
those bills to the Senate.
We can and must do more.
Yesterday, the Supreme Court issued a ruling that will weaken
commonsense gun safety laws all over the country. Yes, we can return to
the O.K. Corral and everybody having a six-shooter on their hip.
Anybody who thinks that would make us a safer, more civil community I
think is sadly mistaken. That fact ought to disturb all of us very
deeply.
The Court's decision to make it even easier for bad actors to carry
dangerous concealed guns without restrictions should serve as a
reminder that we need to take additional active steps to protect our
communities and our kids, actions that are supported by the
overwhelming majority of the American people.
If we fail to do that, if we allow this legislation to be the end
instead of the beginning, parents will continue to receive that
dreaded, unfathomable call that they will never see their children
again, and new monuments honoring victims will continue to pop up in
communities across the country.
Mr. Speaker, I say to my House colleagues, Republicans and Democrats,
conservatives and liberals, we don't need additional memorials. We need
action, and we need new laws.
If we can follow today's legislation with action on comprehensive
background checks and further gun safety measures, however, future
generations--perhaps it is not guaranteed, but it is certainly worth
the effort to reduce the gun violence and to reduce the need for
memorials.

{time} 1200

If we do not, then those who come after will wonder why their
forebears allowed such violence to be perpetrated uniquely in America.
Mr. Speaker, you don't find this in other countries--democratic
countries and free countries--that protect individual rights.
Mr. Speaker, today, in just a few minutes, let us begin to end the
cycle of tragedy and inaction. Let us pass this bill and say: No more.
Let us pass it and then do more. Vote ``yes.''
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Roy).
Mr. ROY. Mr. Speaker, I thank the gentleman from Ohio for yielding.
Today, the United States Supreme Court stood up in defense of the
Constitution in recognizing that it is the people--the people--who
should be able to come together and make decisions about life and to be
able to stand up and protect the God-given right to life.
Here today on the floor of this body, the people's House--the so-
called people's House--is taking up legislation that is in direct
conflict with the United States Constitution, our Bill of Rights, and
the right to keep and bear arms. It is purposeful.
Do you know what?
When our colleagues say things like what the President said, that
whether it is a 9-millimeter pistol or a rifle, I am going to continue
to push to eliminate the sale of those things. When it is
Representative Mondaire Jones saying that semi-automatic weapons would
qualify as assault weapons and these things should be banned. Or when
the Democrats tweeted that semi-automatic rifles are weapons of war,
then we should believe you.
We should believe you that you want to take those weapons. That is
what you are saying. That is what my colleagues are saying.
Here is the thing: my colleagues say, oh, don't worry, this is just
money for mental health.
Do you know what my colleagues on the other side of the aisle and
some academics say?
They have put out stories talking about how supposedly conservatives
are suffering from mental health issues and that Republicans have
become the cult of the mentally ill.
``Is political conservatism a mild form of insanity?'' writes
Psychology Today.
You get article after article.
What do you think you want to do with the mental health money? What
do you think you want to do?
You want to come after our ability to defend ourselves against the
very tyranny you want to undermine by taking away the weapons we can
use to defend ourselves against that tyranny. That is the purpose.
My colleagues on this side of the aisle--the handful who are going
along with it--should be ashamed of themselves because right now,
today, we have a duty to stand up here and defend our right to defend
ourselves against the very tyranny that you ignore.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. NADLER. Mr. Speaker, when the previous speaker refers to using
guns to protect tyranny, he is talking--whether he realizes it or not--
about stopping tyranny by turning those weapons against American
troops.
Mr. Speaker, I yield 1\1/2\ minutes to the distinguished gentleman
from California (Mr. Thompson), who is the chairman of the Gun Violence
Task Force.
Mr. THOMPSON of California. Mr. Speaker, I rise in strong support of
this legislation, the Bipartisan Safer Communities Act.
While the tragic loss of 19 precious children and 2 teachers in
Uvalde, Texas, and the disgusting racially motivated slaughter in
Buffalo, New York, captured the Nation's attention, we know that gun
violence survivors and their allies across our country have been
working every day to prevent the gun violence that kills 30 people
every day and over 100 when you factor in accidents and suicides.
The Bipartisan Safer Communities Act passes three important tests. It
is legal, it has the votes, and it saves lives. This bill saves lives
by targeting convicted domestic abusers and felons coercing someone to
illegally purchase a gun for them. This bill saves lives by
strengthening school safety and mental health resources.
This bill and the millions of gun violence victims and gun violence
survivors deserve a ``yes'' vote today from every Member in this
Chamber. A majority of Americans and responsible gun owners know this
bill is important.
Mr. Speaker, I urge everyone to vote ``yes.''
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Florida (Mr. Deutch).
Mr. DEUTCH. Mr. Speaker, on February 14, 2018, my community hit the
depths of despair when 17 innocent people were slaughtered at Marjory
Stoneman Douglas High School. The families from Stoneman Douglas who
lost loved ones have committed themselves in so many ways since to help
get us to this moment. For them, the families of Uvalde, Buffalo,
Newtown,

[[Page H5909]]

and so many families that we all have had the opportunity to get to
know, this day is about them.
But I finish with this: on the day after Parkland, there was a rally
in the park near the school. The field was covered with high school
kids who came to express themselves. One of them came up to me, still
with a look of shock in her eyes. She grabbed my arm, and she said:
Congressman, my best friend bled out on me. You have to do something.
Today, we do.
Mr. Speaker, vote ``yes'' to support this legislation.
Mr. JORDAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Wisconsin (Mr. Fitzgerald).
Mr. FITZGERALD. Mr. Speaker, what a great day for the babies and--as
the Speaker described it--the Trump-McConnell Supreme Court.
Mr. Speaker, I rise today in opposition to the House amendment to S.
2938. This bill could have had strong bipartisan support if it had
focused solely on mental health and school safety. The Supreme Court
made it clear yesterday that the Second Amendment includes the right to
carry a gun for self-defense purposes outside the home.
This bill flies in the face of that ruling. Specifically, the bill
fails to define what constitutes a willful violation that would warrant
a revocation of a Federal firearm license. This is especially important
given the Department of Justice's zero tolerance policy and the over
500 percent increase in license revocation proceedings that have
occurred under this administration.
Current extreme risk protective orders that exist in 19 States do not
come close to providing adequate due process protections. We cannot
support the use of taxpayer funds to implement more such
unconstitutional laws without specific and ironclad assurances that due
process rights will be protected.
In the wake of the tragic shooting at Stoneman Douglas High School in
February 2018, I worked with my colleagues in the Wisconsin legislature
to protect against school shootings. We worked to pass Act 143 which
appropriated $100 million in school safety grants. That is where this
bill should be going.
Mr. Speaker, I urge my colleagues to focus on bipartisan solutions
that will not infringe on our constitutional rights.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from California (Mr. Lieu), who is a member of the Judiciary
Committee.
Mr. LIEU. Mr. Speaker, Democrats and Republicans are not the same.
While Democrats are working to pass this gun safety legislation for the
people, Republicans have whipped their Members to oppose it.
Democrats and Republicans are not the same. With the Supreme Court
handing down radical decisions, you have extreme MAGA Republicans
working to eliminate gun safety laws, while Democrats are working to
expand gun safety laws.
You have extreme MAGA Republicans calling for a nationwide criminal
abortion ban while Democrats are working to preserve Roe v. Wade.
Democrats and Republicans are not the same. I urge all Americans to
remember that this November.
Mr. JORDAN. We sure aren't the same, Mr. Speaker. We actually think
you should protect the sanctity of human life, and we so appreciate the
decision from the Court today. We don't think you should take away
rights from law-abiding American citizens.
Mr. Speaker, I yield 1 minute to the gentleman from Wisconsin (Mr.
Tiffany).
Mr. TIFFANY. Mr. Speaker, America does not have a gun problem.
America has a crime problem.
Mr. Speaker, law-abiding Americans do not want more laws chipping
away at the Second Amendment. They do not want to see their right to
bear arms eliminated on the installment plan. They want prosecutors to
prosecute. They want the police to police. They want dangerous
criminals off the streets and behind bars.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from California (Mr. Correa), who is a member of the
Judiciary Committee.
Mr. CORREA. Mr. Speaker, in Uvalde, Texas, children were killed in an
elementary school. This is one of 128--128--mass shootings in America
over the last 40 years.
It is time to act. This is not perfect legislation. But if we can
save one, two, three or more lives, then it is our responsibility to
pass this legislation. Our communities are depending on us.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Virginia (Mr. Connolly).
Mr. CONNOLLY. Mr. Speaker, I thank the distinguished chairman who has
done so much on this issue for yielding.
Mr. Speaker, I rise today in support of S. 2938, the Bipartisan Safer
Communities Act.
More than 15 years ago, I was chairman of Fairfax County when the
Virginia Tech tragedy occurred. We buried six young people in my
community that week--six. I am still in touch with those families, and
the emptiness in their souls will never go away.
Today, we have an opportunity to choose: will we protect our
children, or will we continue to persist in an abstract ideological
commitment to an absolute reading of the Second Amendment which is
false, and a false reading of the Constitution.
We can do something finally. America demands we do something. We need
to disenthrall ourselves from the gun mythology and do the right thing:
protecting our communities and our children.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Colorado (Mr. Crow).
Mr. CROW. Mr. Speaker, today I rise as a father, a combat veteran, a
gun owner, and the Representative of a community devastated by gun
violence.
My constituents are family and friends of those who were killed at
Columbine, at the Aurora Theater, at STEM School Highlands Ranch, and
at the Boulder King Soopers. As a community, we consoled each other
after each one of these terrible shootings, and we demanded commonsense
reform, but for too long our Nation's leaders refused to act.
When I came to Congress I promised my constituents that I would fight
to protect our community from gun violence.
Today, I am proud to vote for the first comprehensive gun violence
package in 30 years. This bill is a first step. It doesn't have
everything we would hope for, but it is a step in the right direction.
Today's success belongs to every Coloradan who turned their hurt into
action. This long overdue progress is theirs.
Mr. Speaker, I plead with my colleagues for a ``yes'' vote.

Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, may I ask how much time remains on each
side.
The SPEAKER pro tempore. Each side has 16\1/2\ minutes remaining.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Michigan (Mrs. Dingell).
Mrs. DINGELL. Mr. Speaker, I rise today in support of the Bipartisan
Safer Communities Act. It is past time that Congress take action to end
the gun violence epidemic that is harming communities across the
Nation. We need to protect all people who are vulnerable to gun
violence, and this includes survivors of domestic abuse.
Existing Federal laws allow abusive dating partners to access
firearms. Known as the ``dating partner loophole,'' this dangerous gap
in Federal law puts survivors of domestic abuse at risk every day.
I thank people for including this and acknowledging that this is an
issue. However, it is critical that the Department of Justice swiftly
issue regulations and definitions pertaining to the implementation of
the dating partner provisions.
The definition of ``dating relationship'' in this act is not intended
to be overly restrictive, and the definition should be broadly
constructed to cover dating relationships as commonly understood in the
Violence Against Women Act.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from Michigan.

[[Page H5910]]

Mrs. DINGELL. Mr. Speaker, intimate partner violence is a serious
issue, and 50 percent of domestic violence fatalities are caused by
their intimate partner. I understand this. I lived in it.
Let's be clear: this is a significant bill. We have made progress,
but we have more work to do.

{time} 1215

Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from
Colorado (Mr. Buck).
Mr. BUCK. Mr. Speaker, it is estimated that legal guns save 162,000
lives annually and prevent 2.5 million crimes a year, or 6,849 crimes
every day. By their own admission, criminals fear armed citizens more
than they fear the police.
Up to 90 percent of criminals who commit crimes with a gun do not
acquire that firearm legally.
We have serious problems in this country involving family, drugs, and
mental health. Those issues have been going in the wrong direction for
decades. Instead of addressing these issues head-on, the bill will
instead jeopardize the right to bear arms for millions of law-abiding
citizens.
Decades of Supreme Court precedent prevent the government from
exercising prior restraint on our First Amendment rights to free
speech. We should not treat the Second Amendment differently.
The Court just spoke forcefully in favor of this right. This body
should do the same. I urge a ``no'' vote.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Rhode Island (Mr. Langevin).
Mr. LANGEVIN. Mr. Speaker, I rise today in strong support of S. 2938,
the Bipartisan Safer Communities Act.
As we speak, our Nation is being wracked by an epidemic of gun
violence. Every year, 40,000 Americans die from guns, more than 110
every single day, many of them children. We have the power to prevent
this carnage, but for decades, Congress refused to act. Well, no more.
Mr. Speaker, this bill is not perfect. No bill is. But this
legislation will save lives. Once signed into law, the Bipartisan Safer
Communities Act will help keep guns out of the wrong hands. It will
protect survivors of domestic abuse by closing the boyfriend loophole.
It will crack down on straw purchases and improve background checks for
people under 21. It will deliver hundreds of millions of dollars for
improved mental health services, community-based violence prevention
initiatives, and school safety.
The issue of gun safety is personal to me. It is about time that
Congress takes action. Let us pass this historic, bipartisan bill and
send it to the President's desk today.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from
Tennessee (Mr. Green).
Mr. GREEN of Tennessee. Mr. Speaker, I rise in opposition to this
flagrantly unconstitutional gun control act. This bill is yet another
attack on our God-given rights to self-defense.
For instance, the bill would provide taxpayer dollars for State-level
gun confiscations without due process.
We constantly hear this constant theme from the left on how you can't
be pro-life and pro-gun, which I think is poignant to point out today.
For those who say you can't be pro-life and pro-gun, why did you send
billions of dollars of guns to Ukraine to help them save their lives
against the Russians?
You sent billions of dollars of guns over there so that our soldiers
wouldn't have to go over there and fight a war to save their lives.
Guns save lives, or you wouldn't have been sending the money over
there.
Our Founding Father, George Mason, who wrote the Virginia Declaration
of Rights on which our Constitution's Bill of Rights is based, once
said: To disarm the people is the most effectual way to enslave them.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Illinois (Ms. Kelly).
Ms. KELLY of Illinois. Mr. Speaker, I rise today in support of the
Bipartisan Safer Communities Act.
We are here today to protect our constituents and save lives. We have
waited far too long for this day.
Elements of my bill, the Prevent Gun Trafficking Act, are included in
this legislation to crack down on the illegal gun trafficking and straw
purchasing that is bringing guns into communities across the country.
I know just how detrimental trafficking can be to a community. Last
year, in Chicago, a single stolen gun was linked to at least 27
separate shootings before it was taken off the street. Two dozen people
were shot during its use and two of them killed.
More than half of guns used in Chicago shootings are brought into the
city by trafficking. Thank you, Wisconsin and Indiana.
We have lost so many people and traumatized countless others.
Mr. Speaker, I urge my colleagues to vote in favor of this
legislation to help make Chicagoland a safer place.
Mr. JORDAN. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Cline).
Mr. CLINE. Mr. Speaker, I thank the gentleman for yielding.
I rise in defense of our Constitution today, in defense of law-
abiding American citizens, and against this Senate gun control bill.
This legislation takes the wrong approach in attempting to curb
violent crimes. It turns our system of due process on its head. You
will now be found guilty and your guns taken away until you can prove
your innocence.
It has vague language containing insufficient guardrails to keep guns
out of the hands of criminals or prevent mass violence.
It creates a de facto waiting period for up to 10 business days for
legal, law-abiding citizens' firearm purchases and the consideration of
whether an adult purchaser's juvenile record should prohibit an
individual from buying a firearm.
We are committed to identifying and solving the causes of violent
crimes and mental health crises, putting officers in our schools, and
reinforcing our school buildings, but we must not infringe upon the
Second Amendment rights of law-abiding citizens while doing so.
I cannot support this misguided legislation, and I urge my colleagues
to vote ``no.''
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from New Jersey (Ms. Sherrill).
Ms. SHERRILL. Mr. Speaker, today has been a tough day as we watch an
extremist and politicized Supreme Court roll back protections Americans
have relied on for decades. But there is good news coming out of
Congress. We have come together to pass the most comprehensive gun
safety package in almost three decades.
In New Jersey, we have already passed a large number of these
proposals, including extreme risk protections, assault weapons
safeguards, and high-capacity magazine prohibitions, and we have seen
the results.
New Jersey has made major progress in combating gun violence. As of
2020, my State has the third lowest level of firearm mortality,
according to the CDC. Think about that. The most densely populated
State in the Nation has one of the lowest levels of gun violence in the
Nation. As the rate of gun deaths has increased by 33 percent
nationwide, in New Jersey, it actually fell by 10 percent.
Of course, as a mother, I am focused on keeping our kids safe. This
law would have prevented the shooter in Uvalde from getting a firearm
without an enhanced background check.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from New Jersey.
Ms. SHERRILL. This law gives States the support they need to act when
a mom worries that her child is contemplating suicide.
It is why everyone from the American Society of Pediatrics to the
Fraternal Order of Police has endorsed this bipartisan bill.
It is time for my Republican colleagues to put our Nation's kids
ahead of the gun lobby.
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Georgia (Mr. Clyde).
Mr. CLYDE. Mr. Speaker, I thank my colleague from Ohio, soon to be
the Judiciary chair, for yielding.
First, thank you to the Supreme Court for removing the curse of
abortion sanctioned by a Federal Court ruling back in 1973. Six Supreme
Court Justices have stood for life, and that is a beautiful thing.

[[Page H5911]]

Now, regarding this gun control bill before us today, this bill would
have done nothing to curb the actions of illegal-minded criminals
intent on harming our children. But it will harm the law-abiding
citizens of this great Nation by violating their Second, Fourth, Fifth,
and 14th Amendments, specifically, their due process rights. Let me
refresh our collective memories.
The Fourth Amendment: ``The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated.''
The Fifth Amendment: ``No person shall be . . . deprived of life,
liberty, or property, without due process of law.''
The 14th Amendment: ``Nor shall any State deprive any person of life,
liberty, or property, without due process of law.''
Then, of course, my favorite, the Second Amendment: ``The right of
the people to keep and bear arms shall not be infringed.''
These red flag laws enable one-sided ex parte hearings, and though
they don't take some of the guns from all of the people, they take all
of the guns from some of the people. This is completely unacceptable.
I stand against it, and I encourage all Members of the House to vote
against it.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Nevada (Mr. Horsford).
Mr. HORSFORD. Mr. Speaker, today, June 24, 2022, marks 30 years to
the day that my father was shot and killed by senseless gun violence.
So, I stand here emotional as I prepare to cast a vote in favor of the
Bipartisan Safer Communities Act, historic legislation that will reduce
crime and break the cycle of violence that so many people throughout
our country have unfortunately experienced.
One of the most important provisions in this bill is $2 billion in
funding for antiviolence programs, including $250 million for community
violence intervention from my Break the Cycle of Violence legislation.
Every day, 110 Americans are killed with guns, and over 200 are shot
and wounded. Amid the global pandemic, homicides by gun increased by 35
percent.
Today, gun violence remains the leading cause of premature death for
Black men, as well as the number two cause of premature death for
Latino men and Black women.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the
gentleman from Nevada.

Mr. HORSFORD. Today, I am casting my vote for my father; the 58
victims who lost their lives during the 1 October shooting in Las
Vegas; Sean'Jerrion Coleman, a constituent and a Las Vegas youth
leader; and so many other Americans who are victims and survivors of
gun violence.
I urge this body to pass the Bipartisan Safer Communities Act.
Mr. JORDAN. Mr. Speaker, I yield 3 minutes to the gentleman from
North Carolina (Mr. Bishop), my friend.
Mr. BISHOP of North Carolina. Mr. Speaker, in Dobbs earlier this
great morning, and in the New York State RPA decision yesterday, the
Supreme Court declared something astonishing, which has electrified the
country and left radicals seething: The Constitution means what it
says.
In New York State RPA, the Court reiterated what Heller decided in
2008. To paraphrase, the decision said: Like we told you the first
time, the Second Amendment protects an individual, fundamental right
weighed and decided upon by the people at the founding.
But just as most of the courts of appeals flouted Heller by
reweighing that right over and over for more than a decade, the Senate
again flouts the new decision before the ink is dry.
What is the historical analog from the founding era under which the
right to bear arms could be targeted for complete deprivation upon less
than complete process rights? Name it. Name the historical analog. That
is Congress' burden.
The renewed assault on the Second Amendment is more than sufficient
grounds to oppose this bill, but even the constitutionally permissible
components repeat the terrible misjudgment that has afflicted this type
of legislation for far too long.
I have said before that you are not grappling with the issue: 60
years of targeted destruction of the American culture by the secular
and postmodernist left. Foremost in that destruction has been the
unrelenting assault on the family.
So what does this ``do something'' bill do?
It displaces families further by building a massive new mental health
delivery bureaucracy into public school agencies; it connects Medicaid
and CHIP directly to schools for early and periodic screening,
diagnostic, and treatment services in schools; and it supports the
provision of culturally competent and trauma-informed care in school
settings.

{time} 1230

Americans who have been watching will hear a familiar refrain in that
jargon. It means beyond the reach of parents and the reach of common
sense.
Who is it that is delivering this double down on woke to your child
at school? Republican Senators.
Moms and dads across the country, if you thought that Washington has
heard you loud and clear, you are sorely mistaken.
Washington has yet to recognize that it is the author of the
devastation we confront, and Washington is still failing to grapple
with the core issue. They are taking another step down the long path we
have trod that has transformed America just as they want.
The SPEAKER pro tempore. The gentleman's time has expired.
Mr. JORDAN. Mr. Speaker, I yield an additional 30 seconds to the
gentleman.
Mr. BISHOP of North Carolina. Mr. Speaker, this bill is, at the same
time, an attack on constitutional rights and a dangerous, poorly
thought out, ill-defined improvisation.
Wringing your hands and doing something instead of the right thing
will continue having the same result it has had since the 1960s.
Show that honesty and courage does not reside only in the Supreme
Court building across the street. Defeat this bill.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentlewoman from New
York (Ms. Clarke), from the great Empire State.
Ms. CLARKE of New York. Mr. Speaker, I rise today as a proud New
Yorker deeply troubled by the epidemic of gun violence that has plagued
our Nation for too long, leaving a wake of sorrow and grief that
extends from generation to generation.
I cannot overstate how yesterday's reckless and detrimental Supreme
Court ruling that struck down a 100-year-old New York State law puts
innocent Brooklynite lives at risk.
What is more, there are no gun manufacturers in New York City. Yet,
despite removing thousands of guns from our streets, illegal guns are
arriving by car, train, and bus every single day through the Iron
Pipeline.
That is why today's vote on the Safer Communities Act is an
imperative. It addresses the issue of straw purchasing and the gun
trafficking that is prevalent across New York City.
Let me take this opportunity to thank and give honorable mention to
Congresswoman Robin Kelly and Congresswoman Lucy McBath for their
courageous and unwavering fight to stop this sea of gun violence in our
Nation.
Mr. Speaker, we must pass commonsense gun legislation, and I am proud
to vote ``yes.''
Mr. JORDAN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Illinois (Mr. Rodney Davis).
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I thank my good friend,
Mr. Jordan, for yielding.
Mr. Speaker, I rise today in opposition to this anti-Second Amendment
legislation. I know firsthand how important firearm ownership and the
Second Amendment are for self-defense.
Mr. Speaker, 5 years ago, I was in the batter's box at a baseball
field in Virginia, practicing for our Congressional Baseball Game, when
a deranged gunman tried to kill us because we were Republicans.
The attack would have been a massacre if not for the armed U.S.
Capitol Police Officers, my heroes, David Bailey and Crystal Griner,
who were there.
The actions on that field that day solidified my support for the
Second Amendment. Remember, Mr. Speaker,

[[Page H5912]]

this gunman wanted to settle his political differences with us, who
were trying to fix a broken healthcare system, with bullets on a
baseball field.
It is not what we do in the United States of America, but that day,
my thought was, I wish I had my firearm to protect myself.
We don't need more laws and restrictions that make it more difficult
for law-abiding, gun-owning citizens to exercise their constitutional
rights and protect their families.
We need to support law enforcement and get tough on criminals who
steal guns and commit violent crimes and further improve mental health
programs.
I am a proud gun owner. I am a concealed carry licensee and a strong
supporter of our Second Amendment. I always have and always will work
to preserve the Second Amendment for law-abiding, American citizens. I
urge my colleagues to vote ``no'' on this attack to undermine the
Second Amendment.
Mr. NADLER. Mr. Speaker, how much time remains on each side, please?
The SPEAKER pro tempore. The gentleman from New York has 9 minutes.
The gentleman from Ohio has 7 minutes.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Ohio (Mrs. Beatty).
Mrs. BEATTY. Mr. Speaker, I rise in support of this gun bill today.
After decades of inaction and too many innocent lives lost to senseless
gun violence, this is a step we must all take.
It will provide needed resources for violence intervention, school
safety, mental health funding, community violence intervention and
prevention initiatives, school safety, and yes, enhanced background
checks to make it harder for 18- to 21-year-olds to get guns, and it
will close the boyfriend loop.
To everybody who is saying no, go tell that to the children and
families that lost lives. This bill will keep dangerous weapons out of
the hands of people. Go tell your ``no'' vote to the families and the
children who lost lives.
The compromise bill today, it is not perfect, but it will help us
save lives. I am proud that the Congressional Black Caucus had a large
role to play in this. I thank Congresswomen McBath and Kelly and
Congressman Horsford for their support. Our power, our message.
The SPEAKER pro tempore. The Chair reminds Members to direct their
remarks to the Chair.

Mr. JORDAN. Mr. Speaker, I yield 1 minute to my friend, the gentleman
from Pennsylvania (Mr. Perry).
Mr. PERRY. Mr. Speaker, no one on that side of the aisle cares more
about the lives lost than the people on this side of the aisle. We are
as heartbroken as anyone is. We are trying to find a balance between
the thing that we have all agreed and swore an oath to uphold and
defend, the rights granted by God enshrined in our Constitution and
weigh that--and weigh that--with keeping our community safe.
Ladies and gentlemen, our society has a sickness. That is for sure.
The laws passed in this House to restrict people from their
constitutional, God-given rights that criminals disobey is not going to
change that. It is not going to change that.
We can do something great here today. We could. We could do something
great in this body, Mr. Speaker, but we are not going to.
We are going to infringe on the rights of the law-abiding who want to
defend themselves for the sake of the criminals who refuse to follow
the law.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from New York (Mr. Meeks).
Mr. MEEKS. Mr. Speaker, I am prayerful today, and finally today, that
I can come on the floor of the House and say to the victims of gun
violence and say to those who lost their lives, and to their families,
that I can be on the floor of the House today, not just saying, I give
you my thoughts and my prayers; not just saying, I want to send to you
my sympathies.
I can't tell you how tired I have been coming to the floor, feeling
hurt in my heart, and all I could say is thoughts and prayers.
Today I can vote on something that is going to make a meaningful
difference to each and every one of them.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from New Mexico (Ms. Leger Fernandez).
Ms. LEGER FERNANDEZ. Mr. Speaker, I thank the chairman for yielding
time.
Across this country, we shed tears for the children who are killed,
for the parents who are killed, for the girlfriends who are killed.
In this Chamber, we shed tears for the parents and the fathers who
are killed, for the children and the sons who are killed.
But we cannot only grieve. We cannot only give our tears. We must
act, and today we get to act. Today is the first step toward addressing
the pandemic of violence and suffering at the loss of life to guns, to
gun violence.
New Mexico already has passed similar laws. We believe in protecting
our children. We believe in protecting our women. Those who oppose this
law clearly do not.
The Congressional Hispanic Caucus understands that Latinos are too
often killed by guns, but today, today, we act. I stand up in support
of this action because not acting is an insult to the vast majority of
our constituents who want this.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from New York (Mr. Higgins).
Mr. HIGGINS of New York. Mr. Speaker, the leading cause of death of
kids in America is now gun violence.
Mr. Speaker, 110 Americans die every day in America because of gun
violence.
Five weeks ago, ten people from my community of Buffalo, New York,
were shot dead by a white supremacist who planned an attack, drove 300
miles to Buffalo and a Black community of our city.
There was a retired police officer by the name of Aaron Salter. A 30-
year veteran of the Buffalo Police Department, he was working security
that day.
Someone once said that the best way to stop a bad guy with a gun is a
good guy with a gun. Officer Aaron Salter was a good guy with a gun,
but he didn't stand a chance. He didn't stand a chance because he was
outgunned and outequipped.
Our police officers in America, in Buffalo, and throughout the
country are outgunned by the bad guys. They are outprotected by the bad
guys.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Illinois (Mr. Foster).
Mr. FOSTER. Mr. Speaker, when I first took office in March of 2008,
one of my first official acts was to attend memorial services for the
17 students killed and injured in the mass shootings at Northern
Illinois University.
In the 14 years since, I have attempted to comfort families in my
communities again and again, suffering from gun violence like incidents
of the shooting at Henry Pratt.

But until today, we had nothing to offer them but our thoughts and
prayers. What we are going to pass today may not be enough, but it is a
start.
Mr. JORDAN. Mr. Speaker, I yield 3 minutes to the gentleman from
Kentucky (Mr. Massie), the co-chair of the Second Amendment Caucus.
Mr. MASSIE. Mr. Speaker, I thank the gentleman from Ohio for yielding
time.
The Democrats today describe this Senate bill as a step forward. If
you are saving lives, it is a step backward, folks. If you are banning
guns, it is a small step forward. Yes, in fact, it is.
Almost everybody on the other side of the aisle today said, it
doesn't go far enough. What do they mean? Well, it is a red flag law
bill, and they want to take all of the guns from some of the people.
It doesn't go far enough for them because it doesn't yet take all of
the guns from all of the people. That is their goal.
Who has taken a step forward, which institution, which branch of
government? Well, actually, if you are counting how many lives are
going to be saved, you have to consider that the Supreme Court is the
institution, the branch of government, that has taken two steps forward
in the last 48 hours to save lives.
One of those steps was to reaffirm the Heller decision that men and

[[Page H5913]]

women in this country have the right to defend their own lives.
The second step taken today was to affirm that the State legislatures
have the right to defend the lives of the unborn.
This bill is ineffective, unconstitutional, and ill-conceived without
consideration for the dangerous unintended consequences.
Did the drafters consider that changing the definition of ``gun
dealer'' to be more ambiguous is going to make every American a gun
dealer when they transfer a gun to a friend or a family member?
Did the Senators consider in their sleep deprivation when they
drafted this bill hurriedly, late at night, that using childhood mental
health records as a basis for denying adults their basic rights to
self-defense is going to discourage many parents from seeking mental
health care for their children?
If children who need it go without mental health care and early
intervention, their conditions will grow worse. We will see more
suicides, and we will see more mass shootings. Unfortunately and
inevitably, this bill will cost more lives than it will save.
Red flag laws are going to have the same effect that considering
mental health care for children will have. People will not seek mental
health care, and we will see more damage to the American public.
If politicians here were serious--and they are not serious. They are
going to come back. They will be back.
You will be back here in 6 months, a year. You will want another bite
at the apple to ban guns because this bill won't do it. This bill won't
do what you say.
If you were serious, you would acknowledge that 96 percent of mass
public shootings happen in an area where guns are banned, and they
would repeal the prohibitions that keep law-abiding citizens from
exercising their God-given rights enshrined in the Second Amendment.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.

{time} 1245

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from California (Mr. Gomez).
Mr. GOMEZ. Mr. Speaker, I rise in support of the Bipartisan Safer
Communities Act in honor and memory of one of my constituents who was
killed in the Las Vegas mass shooting in October 2017, Michelle Vo.
I also rise in the memory of the kids who were killed in Uvalde,
Texas, in Parkland, in Sandy Hook.
I rise in their memories, and I also rise due to the fact that I will
have a newborn child on August 8. That child, in a few years, will be
going off to school, and I will be worried about that child being put
in danger because he is going off to school when there are mass
shootings across this country.
I rise in support of this because it is a small step forward to
prevent the loss of life.
In the end, it comes down to one simple question, as my colleague
from northern California posed: Are you with the kids, or are you with
the killers? Are you with the victims, or are you with the killers?
I choose the victims; I choose the kids; and I choose the countless
lives we will save because we will pass this law.
Mr. JORDAN. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Colorado (Mr. Perlmutter).
Mr. PERLMUTTER. Mr. Speaker, let's start with the beginning of the
Constitution: ``We the people of the United States, in order to form a
more perfect Union, establish justice, ensure domestic tranquility,
provide for the common defense, promote the general welfare . . .''
That is how our Constitution starts, to uphold the premise of the
Declaration of Independence, of freedom to life, liberty, and the
pursuit of happiness.
This bill helps us move forward because it helps us with life,
liberty, and the pursuit of happiness.
My friend complains about the red flag rule. It helps us with those
individuals who suffer from domestic violence and who have suicidal
ideation, but it also helps the families destroyed at Columbine in my
area and at the Aurora movie theater.
This bill that I am so happy to advance today is pro-Constitution,
pro-freedom, and pro-liberty.
Mr. JORDAN. Mr. Speaker, experience has taught me when you have to
say a bill is constitutional, it is probably not. When you have to say
a bill adheres to due process, it probably doesn't. And this bill
certainly doesn't.
Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from California (Ms. Chu).
Ms. CHU. Mr. Speaker, I stand here in strong support of the
Bipartisan Safer Communities Act.
It was just 1 year ago when a young man went into the store, bought a
gun, and, just hours later, went to an Asian spa in the Atlanta,
Georgia area to murder Asian women. Then, he drove 27 miles away to two
more Asian spas to kill more Asian women. In all, he killed eight
people, including six Asian women.
They were mothers, grandmothers, daughters, and I will never forget
the tears and sobs of their loved ones when we went down to Georgia to
visit.
To see that again in Buffalo and Uvalde, where families had their
lives ripped apart in an instant, is more heartache than our country
can bear.
The Bipartisan Safer Communities Act is an important step forward.
There will be enhanced background checks for gun purchasers under 21.
It provides funds for States for red flag laws. It closes the boyfriend
loophole.
This bill will save lives.
Mr. JORDAN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, again, I urge a ``no'' vote on this legislation.
Proponents say that this bill doesn't violate due process. Nothing
could be further from the truth.
You haven't been charged with a crime, but there is a hearing, a
hearing that you are not allowed to be at. You can't be present at a
hearing where you don't have a lawyer and a hearing where a judge can
take your property.
Again, just to underscore this, you haven't been charged with a
crime, but there is a hearing where your property and your rights are
at stake.
You are not allowed to be there; your lawyer is not allowed to be
there; and you can't confront your accuser. But they can take your gun;
they can take your property; and they can take your Second Amendment
liberty.
Here is the scariest part of all: As my friend from Kentucky just
pointed out, the Democrats say this is just the first step, that this
doesn't go far enough. Holy cow. So that kind of proceeding doesn't go
far enough when it comes to your Second Amendment liberties?
One of the key things that separates this great Nation from all other
countries is how we have due process in our justice system. This bill
takes it away. No other way to put it.
You can say all day long that it doesn't violate due process, but as
I said just a few minutes ago, every time I hear that, experience has
taught me that it most certainly does. When you have to say it, it
probably does. In this case, it is certainly violating due process.
There are other problems, but for that reason alone, we should vote
``no.''
Again, the scariest thing of all is that they are saying: ``Oh, this
is just the first step. This doesn't go far enough.'' Imagine where
they want to take us.
Their beef is with the Second Amendment. They want it to go away.
Don't let it happen. I urge a ``no'' vote.
Mr. Speaker, I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, the difference between this country and other countries
is only that in this country do we have mass shootings and mass murders
of children. No other country has them.
We know from the experience in New Jersey, as Ms. Sherrill told us,
that when we pass strong gun control legislation, we can greatly reduce
the number of children and adults shot.
We hear from the other side of the aisle, ``No, we don't want to do
that.'' They are right: This legislation is the beginning.
This legislation is not perfect. It is a bipartisan compromise. It is
not nearly what we should do. It is not nearly what the House did, but
it is a beginning. It is a beginning in saving lives in this country.

[[Page H5914]]

Anyone who stands in its way is standing in the way of saving lives
in this country. I will not allow myself or anyone I associate with to
stand in the way of saving lives, many lives.
Again, I remind you, this is the only country that has it, and it is
not because we have more mentally ill than other countries. It is
because we do not have the gun control laws that other countries do.
Mr. Speaker, I urge everyone to vote for this bill as a good
beginning, and I yield back the balance of my time.
Ms. BONAMICI. Mr, Speaker, I rise today in support of the Bipartisan
Safer Communities Act, long overdue legislation to address gun violence
in our schools and neighborhoods. Although this legislation is far from
perfect, it is an important step forward in solving the epidemic of gun
violence that has gripped our Nation for decades.
In the weeks following the tragedy in Uvalde at Robb Elementary and
the racist attack at a grocery store in Buffalo, I spoke with many
constituents who continue to urge action. Teachers, parents, and
concerned community members from Northwest Oregon shared pleas for
Congress to follow through on our responsibility to our children and
our Nation by immediately passing bold policies to implement gun safety
reform. An educator I know told me that after Uvalde, she sat down with
her students and told them she would take a bullet for them.
Conversations like this are happening in classrooms across the country,
but they shouldn't have to. Congress must provide all students with
safe learning environments free from the threat of gun violence. The
House already passed a comprehensive slate of gun violence prevention
legislation, and I look forward to building on that by voting for this
legislation that came out of the bipartisan Senate negotiations.
The Bipartisan Safer Communities Act will help to protect Americans
and make gun sales safer. The most effective way to protect communities
from gun violence is to keep guns out of the hands of individuals who
are a danger to themselves and others. This legislation will
incentivize states to establish extreme risk protection order laws,
enhance background checks for people under the age of 21, end straw
purchasing, and penalize gun traffickers. It will also safeguard
survivors of domestic violence by closing the so-called ``boyfriend
loophole,'' prohibiting people convicted of domestic violence crimes
from possessing firearms.
Additionally, this bill makes a robust investment in Student Support
and Academic Enrichment Grants under Title IV-A of the Every Student
Succeeds Act. Fully funding this important grant program will help to
close the opportunity and resource gaps in our Nation's public schools,
and I'm pleased this bill recognizes the importance of this program in
providing students of all backgrounds with a well-rounded, safe, and
healthy education.
Although these actions to address gun violence in our communities and
fund critical school improvement programs are important, I am concerned
about how various provisions in the bill could harm Black and brown
students and students with disabilities in our Nation's schools. The
Bipartisan Safer Communities Act increases funding for school resource
officers (SROs) and codifies further involvement of the Department of
Homeland Security in education through threat assessments. Research and
practice show that both SROs and threat assessments are ineffective in
keeping students safe in schools. As Chair of the Civil Rights and
Human Services Subcommittee, I remain committed to protecting students'
civil rights and delivering on the promise of an equitable, world-class
public education for each and every student in this country. I will
closely monitor the implementation of this legislation to make sure our
most marginalized and vulnerable students are not subject to further
disproportionate discipline and discriminatory targeting in schools.
As a member of the Gun Violence Prevention Taskforce, I again want to
recognize how crucial the Bipartisan Safer Communities Act is to our
schools, communities, and country. This bill will be the first
substantive action on gun violence prevention since the passage of the
Brady Handgun Violence Prevention Act in 1994. In the last 30 years,
our Nation has been devastated over and over again by horrific
tragedies like we saw in recent weeks at Robb Elementary in Uvalde,
Texas. We cannot bring back those who have been murdered, but we can
enact meaningful laws that will prevent more senseless deaths.
I urge swift passage of the legislation.
Mrs. DINGELL. Mr. Speaker, I rise to enter into a colloquy with my
esteemed colleague from California, Congressman Mike Thompson,
regarding the S. 2938, Bipartisan Safer Communities Act.
Mr. Thompson, is it your understanding and intent in supporting this
bill that the Department of Justice promulgate regulations pertaining
to Section 12005?
Is it further your understanding and intent in supporting this bill
that the Department of Justice in those regulations define the meaning
of the terms `serious,' `continuing,' `recent,' and `recently?'
Mr. THOMPSON of California. Mr. Speaker, the Congresswoman from
Michigan, Debbie Dingell, is correct. It is the intent that the
Department of Justice promulgate regulations to govern the application
of Section 12005, including defining the terms `serious,' `continuing,'
`recent,' and `recently.' It is the intent that this law capture dating
relationships in the way they happen in the lives of victims of dating
violence.
Mrs. DINGELL. Mr. Speaker, I am glad for the clarification from the
gentleman from California and pleased to know it is the legislative
intent that the Department of Justice promulgate regulations to govern
the application of section 12005, including defining the terms
`serious,' `recent,' and `recently.' A consistent and authoritative
interpretation of these terms that is reflective of the lived
experiences of survivors of dating violence is critical to the
successful implementation of this section.
Rulemaking is necessary to both ensure that in its application, the
law actually protects victims of dating violence and to stave off
chaos. A lack of clearly defined terms will encourage trial level
litigation into the specifics of the intimate relationship. State
judges who are adjudicating these cases will be determining the
relationship between the victim and the perpetrator based on the laws
of their state. The introduction of `serious,' `continuing,' and
`recent' should not be read to require judges to include specific
findings of seriousness or continuity. Instead, the existence of a
dating relationship must be determined based on the enumerated factors
set forth in subparagraph (B) of this section, with the acknowledgment
that a finding of a dating relationship under a state law with a
definition that is substantially similar to federal law constitutes a
finding of `dating relationship' for the purpose of this section.
For example, in my state of Michigan, the term `dating relationship'
means `frequent, intimate associations primarily characterized by the
expectation of affectional involvement. This term does not include a
casual relationship or an ordinary fraternization between two
individuals in a business or social context.' This very clearly
parallels the definition of `dating relationship' in the Bipartisan
Safer Communities Act, and a finding of a `dating relationship' under
Michigan law must constitute a finding of a `dating relationship' for
the purposes of this section.
The Bipartisan Safe Communities Act shrinks the dating loophole, but
it does not eliminate it. I will keep leading the fight to fully close
it in future legislation. No dating abuser who has shown by his actions
that he poses a danger to his victim, whose actions led to the issuance
of a protective order after a hearing, should be legally allowed to
possess firearms for the duration of the order.
Mr. THOMPSON of California. Mr. Speaker, I associate myself with the
comments of my esteemed colleague from Michigan. Under California law,
`dating relationship' means frequent, intimate associations primarily
characterized by the expectation of affectional or sexual involvement
independent of financial considerations. Similar to the law in
Michigan, the law in California very clearly parallels the definition
of `dating relationship' in the Bipartisan Safer Communities Act, and
it is my intent and understand in voting for this bill that a
conviction for a misdemeanor crime of domestic violence against a
dating partner under California law is sufficient to trigger the
expanded dating violence prohibitor.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 1204, the previous question is ordered.
The question is on the motion by the gentleman from New York (Mr.
Nadler).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. JORDAN. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 234,
nays 193, not voting 3, as follows:

[Roll No. 299]

YEAS--234

Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown (MD)
Brown (OH)
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chabot
Cheney
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly

[[Page H5915]]

Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzales, Tony
Gonzalez (OH)
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jacobs (NY)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Joyce (OH)
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meijer
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Rice (SC)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Salazar
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Turner
Underwood
Upton
Vargas
Veasey
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth

NAYS--193

Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carey
Carl
Carter (GA)
Carter (TX)
Cawthorn
Cline
Cloud
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Flores
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hartzler
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meuser
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Obernolte
Owens
Palazzo
Palmer
Perry
Pfluger
Posey
Reschenthaler
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack

NOT VOTING--3

Conway
Pence
Zeldin

{time} 1326

So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________