proposed laws

PA Bill Number: HB2819

Title: In sentencing, providing for sentences for persons not to possess, use, manufacture, control, sell or transfer firearms.

Description: In sentencing, providing for sentences for persons not to possess, use, manufacture, control, sell or transfer firearms. ...

Last Action: Referred to JUDICIARY

Last Action Date: Oct 6, 2022

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Proposed Federal Senate Legislation SB2938

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Legislation Overview

Title: Bipartisan Safer Communities Act

Subject: Congressional tributes: Florida: Government buildings, facilities, and property: Judges: California: House of Representatives: Members of Congress: Postal service: Crime and law enforcement: Administrative law and regulatory procedures: Advisory bodies: Alaska Natives and Hawaiians: Appropriations: Cardiovascular and respiratory health: Child health: Child safety and welfare: Congressional oversight: Crime prevention: Criminal justice information and records: Criminal procedure and sentencing: Department of Education: Department of Health and Human Services: Department of Justice: Domestic violence and child abuse: Drug trafficking and controlled substances: Drug, alcohol, tobacco use: Education programs funding: Educational facilities and institutions: Elementary and secondary education: Emergency medical services and trauma care: Emergency planning and evacuation: Federal Bureau of Investigation (FBI): Firearms and explosives: Health care costs and insurance: Health care coverage and access: Health programs administration and funding: Health technology, devices, supplies: Higher education: Home and outpatient care: Indian social and development programs: Infectious and parasitic diseases: Juvenile crime and gang violence: Law enforcement administration and funding: Medicaid: Medical tests and diagnostic methods: Medicare: Mental health: Minority health: Organized crime: Poverty and welfare assistance: Prescription drugs: Rural conditions and development: Smuggling and trafficking: State and local government operations: Terrorism: Civil actions and liability: Correctional facilities and imprisonment: Criminal investigation, prosecution, interrogation: Due process and equal protection: Government information and archives

Description: This act makes various changes to federal firearms laws, including to expand background check requirements, broaden the scope of existing restrictions, and establish new criminal offenses. The act also reauthorizes, funds, and supports various programs, grants, and activities to promote access to behavioral and mental health services, enhance school safety and security initiatives, and address gun violence in communities. (Sec. 1) This section designates the federal building and U.S. courthouse located at 111 North Adams Street in Tallahassee, Florida, as the Joseph Woodrow Hatchett United States Courthouse and Federal Building. (Sec. 2) This section designates the U.S. Postal Service facility located at 120 4th Street in Petaluma, California, as the Lynn C. Woolsey Post Office Building. DIVISION A--MENTAL HEALTH AND FIREARMS PROVISIONS TITLE I--CHILDREN AND FAMILY MENTAL HEALTH SERVICES This title reauthorizes, funds, and supports programs, grants, and activities that provide access to mental and behavioral health. (Sec. 11001) This section extends through September 30, 2025, the Medicaid demonstration program for certified community behavioral health clinics. It also expands the program by increasing the number of states that may participate and increasing the length of the demonstration programs. It provides funding for planning grants, technical assistance, and the demonstration programs. (Sec. 11002) This section requires the Centers for Medicare & Medicaid Services (CMS) to provide technical assistance and issue guidance to states on ways to improve access to telehealth under Medicaid and the Children's Health Insurance Program (CHIP). (Sec. 11003) This section requires and provides funding for the CMS to (1) issue guidance to support the delivery of medical assistance to Medicaid and CHIP beneficiaries in school-based settings; and (2) establish a technical assistance center to expand the capacity of state Medicaid agencies, local educational agencies, and school-based entities to provide assistance under Medicaid. This section also authorizes grants for states to implement, enhance, or expand non-health related services through school-based entities under Medicaid and CHIP. (Sec. 11004) This section requires and provides funding for the CMS to regularly review and report on states' implementation of federal requirements to provide early and periodic screening, diagnostic, and treatment services for children enrolled in Medicaid. The review must address the provision of the services by managed care plans. Additionally, this section requires the Government Accountability Office to evaluate and report on state compliance with the requirements to provide early and periodic screening, diagnostic, and treatment services for children enrolled in Medicaid. (Sec. 11005) This section reauthorizes through FY2027 pediatric mental health care access grants and allows grants to be used to provide information, support, training, and technical assistance to emergency departments, educational agencies, and schools. TITLE II--FIREARMS This title makes various changes to federal firearms laws, including to expand background check requirements for persons who are under 21 years of age, to establish new criminal offenses for straw purchasing of firearms and trafficking in firearms, and to extend federal firearms-related restrictions to individuals convicted of domestic violence misdemeanors against dating partners. (Sec. 12001) This section establishes additional requirements for firearms-related background checks through the National Instant Criminal Background Check System (NICS) for prospective purchasers who are 18 to 21 years of age. Specifically, if a federal firearms licensee (e.g., a gun dealer) contacts the NICS to initiate a firearms-related background check on a person who is 18 to 21 years of age, then this section requires the NICS to contact additional record systems—state criminal history or juvenile justice repositories, state custodians of mental health records, and local law enforcement agencies—for possibly disqualifying juvenile records. Current law already requires the NICS to query national data systems for disqualifying records of an individual who is prohibited from receiving or possessing a firearm. Additionally, if cause exists to further investigate a possibly disqualifying juvenile record of a person who is 18 to 21 years of age, then this section allows a firearm transfer to be delayed for up to 10 business days. The requirement for the NICS to contact additional record systems expires in 10 years. (Sec. 12002) This section revises the definition of engaged in the business as applicable to a firearms dealer who is required to be federally licensed. Specifically, it provides that a person who sells firearms to predominantly earn a profit (currently, who sells firearms with the principal objective of livelihood and profit) is engaged in the business of dealing in firearms and is therefore required to be federally licensed. (Sec. 12003) This section allows grants under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to be used to implement state crisis intervention programs or initiatives, including mental health courts, drug courts, veterans' courts, and extreme risk protection order programs (i.e., red flag laws). (Sec. 12004) This section establishes a federal statutory framework to prohibit straw purchasing of firearms, trafficking in firearms, and related conduct. A violator is subject to criminal and civil penalties, including the seizure and forfeiture of the firearms and ammunition involved in the offense, property constituting or derived from proceeds from the offense, and property used to commit or facilitate the offense. The section authorizes law enforcement to investigate straw purchasing and trafficking in firearms offenses using wiretaps (i.e., authorized interceptions of wire, electronic, or oral communications) and makes the offenses predicate offenses (i.e., underlying offenses) for prosecutions under the federal money laundering statute and the federal racketeering statute. (Sec. 12005) This section extends federal firearms-related restrictions to individuals who are convicted of a misdemeanor crime of domestic violence against an individual in a current or recent former dating relationship. Currently, the restrictions generally only apply to individuals who are convicted of a domestic violence misdemeanor against a co-parent of a child, a current or former spouse, a current or former cohabitant as a spouse, or a person similarly situated to a spouse. The term dating relationship means a continuing relationship of a serious or intimate nature, as determined based on the length of the relationship, the nature of the relationship, and the frequency and type of interaction between the individuals involved in the relationship. This section specifies that for individuals who are convicted of a misdemeanor crime of domestic violence against a dating partner, the federal firearms-related restrictions apply only to convictions on or after the date of enactment and expire five years after the conviction date if certain conditions are met. TITLE III--OTHER MATTERS Subtitle A--Extension of Moratorium (Sec. 13101) This section delays for one year the implementation of regulations relating to the treatment of certain Medicare prescription drug benefit rebates from drug manufacturers for purposes of federal anti-kickback laws. Subtitle B--Medicare Improvement Fund (Sec. 13201) This section appropriates funds for the Medicare Improvement Fund in FY2022. Subtitle C--Luke and Alex School Safety Act of 2022 Luke and Alex School Safety Act of 2022 (Sec. 13302) This section provides statutory authority for the federal clearinghouse of school safety resources. The clearinghouse identifies and publishes best practices and recommendations for school safety for use by state and local educational and law enforcement agencies, institutions of higher education, health professionals, and the public. (Sec. 13303) This section requires the Department of Health and Human Services and the Departments of Homeland Security, Justice, and Education to notify their state and local counterparts and other partners about the clearinghouse. (Sec. 13304) This section requires the clearinghouse or the external advisory board to review and report on federal grant programs that could be used to implement best practices and recommendations. This section also requires the clearinghouse to identify state agencies, state grant programs, and other resources that may be used to implement best practices and recommendations. Subtitle D--Amendment on ESEA Funding (Sec. 13401) This section prohibits the use of elementary and secondary education funds to provide any person with a dangerous weapon or training in the use of a dangerous weapon. DIVISION B--APPROPRIATIONS Bipartisan Safer Communities Supplemental Appropriations Act, 2022 This division provides FY2022 supplemental appropriations to various federal departments and agencies for programs and activities to support behavioral and mental health. The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits. Specifically, this division provides appropriations to agencies and programs within the Department of Justice for additional resource needs of the NICS, JAG grants for states to implement crisis intervention programs or initiatives, grants for states to upgrade criminal and mental health records for the NICS, a community violence intervention and prevention initiative, and grants to improve school security. Additionally, the division provides appropriations for agencies and programs within the Department of Health and Human Services for block grants for community mental health services; the National Child Traumatic Stress Network, which provides early intervention services and treatments with a focus on high-risk or medically underserved populations that experience violence-related stress; activities and services under Project Aware, which promotes access to mental health services among school-aged youth and their families; mental health awareness training; the National Suicide Prevention Lifeline; grants to provide mental and behavioral health care training to providers who serve pediatric and other vulnerable populations; grants to promote access to pediatric mental health care services in primary care settings; and grants for states to implement, enhance, or expand non-health related services through school-based entities under Medicaid and CHIP. The division provides appropriations for agencies and programs within the Department of Education for activities to support safe and healthy students, the 21st Century Community Learning Centers program, grants for school-based mental health services, and demonstration grants for school-based mental health services professionals. Finally, the act exempts the budgetary effects of each division of the act from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.

Session: 117th Congress

Last Action: Became Public Law No: 117-159.

Last Action Date: June 25, 2022

Link: https://www.congress.gov/bill/117th-congress/senate-bill/2938/all-info

Sponsors

Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.

2 sponsors: Marco Rubio (R); Rick Scott (R)

History
Chamber Date Action
Senate Jun 25 2022 Signed by President.
Senate Jun 25 2022 Became Public Law No: 117-159.
House Jun 24 2022 Pursuant to the provisions of H.Res. 1204, the House proceeded with one hour of debate on the Nadler motion that the House agree to the Senate amendments to the House amendment to S. 2938.
House Jun 24 2022 Mr. Nadler moved that the House agree to the Senate amendments to the House amendment. (consideration: CR H5895-5915)
Senate Jun 24 2022 Presented to President.
House Jun 24 2022 Motion to reconsider laid on the table Agreed to without objection.
House Jun 24 2022 On motion that the House agree to the Senate amendments to the House amendment Agreed to by the Yeas and Nays: 234 - 193 (Roll no. 299). (text: CR H5895-5903)
House Jun 24 2022 The previous question was ordered pursuant to the rule.
Senate Jun 23 2022 Message on Senate action sent to the House.
Senate Jun 23 2022 S.Amdt.5100 Considered by Senate (Message from the House considered). (consideration: CR S3104-3105)
Senate Jun 23 2022 S.Amdt.5134 Amendment SA 5134 agreed to in Senate by Unanimous Consent.
Senate Jun 23 2022 S.Amdt.5134 Amendment SA 5134 proposed by Senator Tester for Senator Murphy. (consideration: CR S3143; text: CR S3143) To amend the title.
Senate Jun 23 2022 S.Amdt.5099 Amendment SA 5099 agreed to in Senate by Yea-Nay Vote. 65 - 33. Record Vote Number: 242.
Senate Jun 23 2022 Senate concurred in the House amendment to S. 2938 with an amendment SA (5099), and an amendment to the title by Yea-Nay Vote. 65 - 33. Record Vote Number: 242. (text: 06/21/2022 CR S3034-3042)
Senate Jun 23 2022 S.Amdt.5100 Proposed amendment SA 5100 withdrawn in Senate.
Senate Jun 23 2022 Motion to table amendment SA 5100 rejected in Senate by Yea-Nay Vote. 39 - 58. Record Vote Number: 241.
Senate Jun 23 2022 S.Amdt.5103 SA 5103 fell when SA 5102 fell.
Senate Jun 23 2022 S.Amdt.5102 SA 5102 fell when SA 5101 fell.
Senate Jun 23 2022 S.Amdt.5101 SA 5101 fell when cloture on the motion to concur in the House amendment to S. 2938 with an amendment SA 5099 was invoked.
Senate Jun 23 2022 Motion by Senator Schumer to refer to Senate Committee on Environment and Public Works fell when cloture on the motion to concur in the House amendment to S. 2938 with an amendment SA 5099 was invoked in Senate.
Senate Jun 23 2022 Cloture on the motion to concur in the House amendment to S. 2938 with an amendment SA 5099 invoked in Senate by Yea-Nay Vote. 65 - 34. Record Vote Number: 240.
Senate Jun 23 2022 Considered by Senate (Message from the House considered). (consideration: CR S3104-3108, S3110-3137, S3137-3144)
Senate Jun 23 2022 S.Amdt.5103 Considered by Senate (Message from the House considered). (consideration: CR S3104-3105)
Senate Jun 23 2022 S.Amdt.5102 Considered by Senate (Message from the House considered). (consideration: CR S3104-3105)
Senate Jun 23 2022 S.Amdt.5101 Considered by Senate (Message from the House considered). (consideration: CR S3104-3105)
Senate Jun 23 2022 S.Amdt.5099 Considered by Senate (Message from the House considered). (consideration: CR S3143)
Senate Jun 22 2022 S.Amdt.5102 Considered by Senate (Message from the House considered). (consideration: CR S3045)
Senate Jun 22 2022 Considered by Senate (Message from the House considered). (consideration: CR S3045)
Senate Jun 22 2022 S.Amdt.5099 Considered by Senate (Message from the House considered). (consideration: CR S3045)
Senate Jun 22 2022 S.Amdt.5100 Considered by Senate (Message from the House considered). (consideration: CR S3045)
Senate Jun 22 2022 S.Amdt.5101 Considered by Senate (Message from the House considered). (consideration: CR S3045)
Senate Jun 22 2022 S.Amdt.5103 Considered by Senate (Message from the House considered). (consideration: CR S3045)
Senate Jun 21 2022 S.Amdt.5103 Amendment SA 5103 proposed by Senator Schumer to Amendment SA 5102. (consideration: CR S3028; text: CR S3028) To modify the effective date.
Senate Jun 21 2022 Motion to proceed to consideration of the House message to accompany S. 2938 agreed to in Senate by Yea-Nay Vote. 64 - 34. Record Vote Number: 235.
Senate Jun 21 2022 Measure laid before Senate by motion. (consideration: CR S3028)
Senate Jun 21 2022 Motion by Senator Schumer to concur in the House amendment to S. 2938 with an amendment (SA 5099) made in Senate. (CR S3028)
Senate Jun 21 2022 S.Amdt.5099 Amendment SA 5099 proposed by Senator Schumer for Senator Murphy. (consideration: CR S3028; text: CR S3034-3042) To improve the bill.
Senate Jun 21 2022 S.Amdt.5100 Amendment SA 5100 proposed by Senator Schumer to Amendment SA 5099. (consideration: CR S3028; text: CR S3028) To add an effective date.
Senate Jun 21 2022 Motion by Senator Schumer to refer to Senate Committee on Environment and Public Works the House message to accompany S. 2938 with instructions to report back forthwith with the following amendment (SA 5101) made in Senate. (CR S3028)
Senate Jun 21 2022 S.Amdt.5101 Amendment SA 5101 proposed by Senator Schumer. (consideration: CR S3028; text: CR S3028) To add an effective date.
Senate Jun 21 2022 S.Amdt.5102 Amendment SA 5102 proposed by Senator Schumer to Amendment SA 5101 (the instructions of the motion to refer). (consideration: CR S3028; text: CR S3028) To modify the effective date.
Senate Jun 21 2022 Cloture motion on the motion to concur in the House amendment to S. 2938 with an amendment SA 5099 presented in Senate. (CR S3028)
Senate May 19 2022 Message on House action received in Senate and at desk: House amendment to Senate bill.
House May 18 2022 Motion to reconsider laid on the table Agreed to without objection.
House May 18 2022 On passage Passed by the Yeas and Nays: 230 - 190, 1 Present (Roll no. 212). (text: 05/17/2022 CR H5089)
House May 18 2022 Considered as unfinished business. (consideration: CR H5138-5139)
House May 17 2022 Rule provides for consideration of H.R. 6531, H.R. 7309 and S. 2938. Measure will be considered read. Specified amendments are in order. The rule provides that the previous question shall be considered as ordered on each measure without intervening motions except one hour of debate and one motion to recommit Upon passage of H. Res. 1119, H. Res. 1118 is adopted.
House May 17 2022 Considered under the provisions of rule H. Res. 1119. (consideration: CR H5089-5091)
House May 17 2022 Rule H. Res. 1119 passed House.
House May 17 2022 POSTPONED PROCEEDINGS - At the conclusion of debate on S. 2938, the Chair put the question on passage of the bill and by voice vote announced that the ayes had prevailed. Mr. Roy demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
House May 17 2022 The previous question was ordered pursuant to the rule.
House May 17 2022 DEBATE - The House proceeded with one hour of debate on S. 2938.
House May 16 2022 Rules Committee Resolution H. Res. 1119 Reported to House. Rule provides for consideration of H.R. 6531, H.R. 7309 and S. 2938. Measure will be considered read. Specified amendments are in order. The rule provides that the previous question shall be considered as ordered on each measure without intervening motions except one hour of debate and one motion to recommit Upon passage of H. Res. 1119, H. Res. 1118 is adopted.
House Mar 30 2022 Considered under suspension of the rules. (consideration: CR H3992-3993)
House Mar 30 2022 On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 238 - 187, 1 Present (Roll no. 95). (text: CR H3992)
House Mar 30 2022 Considered as unfinished business. (consideration: CR H3999-4000)
House Mar 30 2022 At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
House Mar 30 2022 DEBATE - The House proceeded with forty minutes of debate on S. 2938.
House Mar 30 2022 Ms. Williams (GA) moved to suspend the rules and pass the bill.
House Dec 13 2021 Held at the desk.
House Dec 13 2021 Received in the House.
Senate Dec 10 2021 Message on Senate action sent to the House.
Senate Dec 9 2021 Passed Senate without amendment by Unanimous Consent. (consideration: CR S9085; text: CR S9085)
Senate Dec 1 2021 Committee on Environment and Public Works. Ordered to be reported without amendment favorably.
Senate Dec 1 2021 Placed on Senate Legislative Calendar under General Orders. Calendar No. 170.
Senate Dec 1 2021 Committee on Environment and Public Works. Reported by Senator Carper without amendment. Without written report.
Senate Dec 1 2021 Committee on Environment and Public Works. Committee consideration held. Business Meeting printed. S. Hrg. 117-133.
Senate Oct 5 2021 Read twice and referred to the Committee on Environment and Public Works.
Texts
Type Date Federal Link Text
Introduced Oct 7 2021 federal bill text bill text
Introduced Dec 2 2021 federal bill text bill text
Engrossed Dec 10 2021 federal bill text bill text
Amended May 20 2022 federal bill text bill text
Amended Jun 24 2022 federal bill text bill text
Enrolled Jun 25 2022 federal bill text bill text
Amendments
Title Description Date State Link Text Adopted
There are no amendments to this bill at this time
Committee

Chamber:

Committee Name:

Votes - Click on description to view vote roll call
Description Vote Date Yea Votes Nay Votes No Votes Absent Passed Rating Comments
06/24/2022 234 193 0 3 Yes
resort votes by: party yeas nays name
06/23/2022 39 58 0 3 No
resort votes by: party yeas nays name
06/23/2022 65 34 0 1 Yes
resort votes by: party yeas nays name
06/23/2022 65 33 0 2 Yes
resort votes by: party yeas nays name
06/21/2022 64 34 0 2 Yes
resort votes by: party yeas nays name
05/18/2022 230 190 1 7 Yes
resort votes by: party yeas nays name
03/30/2022 238 187 1 5 No
resort votes by: party yeas nays name
Comments On This Bill

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