All Roll Calls
Yes: 299 • No: 226
117-s-2938117th CongressWALLET
Bipartisan Safer Communities Act
Sponsored By: Senator Rubio, Marco [R-FL]
Became Law
Summary
Expanded school-based mental health support to get care into schools and more telehealth for Medicaid children, paired with stronger federal gun-trafficking and straw-purchase penalties and new law enforcement funding.
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- Families and students: Schools get clearer Medicaid billing rules, a new Technical Assistance Center, and grants to expand school-based services, including $50 million in State grants and $8 million for federal guidance and technical support.
- Children on Medicaid and providers: HHS must issue telehealth guidance for Medicaid and CHIP and review Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) implementation, backed by dedicated funding such as $5 million for FY2023 and FY2024 for reviews and assistance.
- Public safety and courts: The law creates new federal crimes for straw purchasing and trafficking with penalties up to 25 years, alters NICS juvenile check procedures and allows voluntary employment background checks, and directs large DOJ grants including about $1.4 billion for State and local law enforcement assistance.
*Increases federal spending by providing new and supplemental appropriations totaling billions for health, education, and law enforcement.*
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Bill Overview
Analyzed Economic Effects
11 provisions identified: 7 benefits, 2 costs, 2 mixed.
More money for school safety and policing
The law provides $1.4 billion for 2022–2026 to State and local safety programs ($280 million each year). It includes $750 million for Byrne JAG, $200 million for school‑violence grants, $200 million to upgrade NICS records, and $250 million for community violence efforts. The FBI gets $100 million for NICS, and COPS grants add $100 million ($20 million each year, 2022–2026). A School Safety Clearinghouse shares proven practices for schools and parents. DOJ must give detailed spend plans and may not shift these funds using the usual transfer authority.
Tougher penalties for gun trafficking
The law makes straw purchasing and trafficking federal crimes. Penalties include fines and up to 15 years in prison, or up to 25 years for certain serious crimes. It adds disqualifications for people who intend to use or pass on guns for felonies, terrorism, or drug trafficking. DOJ may not give guns to suspected cartel agents unless U.S. officers keep continuous control.
Big boost for SAMHSA programs
The law gives SAMHSA $800 million for health surveillance and program support. $312.5 million is for FY2022 (available until December 31, 2022) and $162.5 million is for FY2023 (available until September 30, 2023). The remaining funds stay available through September 30, 2025.
More money for Medicare improvements
The law sets the Medicare Improvement Fund at $7.5 billion for FY2022. This increases money available to improve Medicare operations and services.
More mental health help for kids
The law expands mental health support for children at school and by telehealth. HHS and Education must issue school Medicaid/CHIP guidance within 12 months and telehealth guidance within 18 months. HHS sets up a help center and reviews EPSDT within 24 months and every five years. Funding includes $8 million to build guidance, $50 million for State school‑based Medicaid/CHIP grants, and $31 million each year (FY2023–FY2027) for pediatric mental health access. HHS and Education file spend plans within 30 days and send regular updates until money is spent.
More states get community mental health
The law lets more States join the Medicaid community mental health demonstration. Beginning July 1, 2024, up to 10 more States may join every two years. It provides $40 million (FY2023) for planning, help, and running the demos. It sets clear participation windows, extends one demo to six years, and requires a national evaluation within 24 months after the demos end.
Crisis intervention courts with due-process rules
The law lets Byrne JAG funds support crisis intervention courts and programs, including mental health, drug, and veterans courts, and extreme risk protection order programs. These programs must provide basic due‑process protections and a right to a lawyer at no cost, and avoid unreliable evidence. The Attorney General publishes an annual report on grants and results.
New rules on who is a gun dealer
The law changes who counts as a firearms dealer. A person is a dealer if they act to predominantly earn a profit from selling guns. Proof of profit is not needed for people who repeatedly buy and sell guns for crimes or terrorism. The law defines terrorism for these rules.
Extra background checks under age 21
The law adds extra NICS steps for gun transfers to people under 21. The system must respond within 3 business days if more review is needed. If there is cause, it must decide within 10 business days if the transfer is disallowed. These extra rules end on September 30, 2032.
Limited restoration after dating-violence misdemeanor
The law defines a “dating relationship” and sets a narrow restoration path. If you have no more than one qualifying misdemeanor from a dating relationship, you may regain gun rights after 5 years with no new disqualifying crimes. This does not apply to spouses, parents, guardians, cohabitants, or people who share a child with the victim. It is not retroactive for convictions entered before enactment.
Drug rebate rule delayed to 2027
The law delays the change to the prescription drug rebate safe harbor. The new effective date is January 1, 2027. Current rebate arrangements stay in place for one more year.
Sponsors & CoSponsors
Sponsor
Rubio, Marco [R-FL]
FL • R
Cosponsors
Sen. Scott, Rick [R-FL]
FL • R
Sponsored 10/5/2021
Roll Call Votes
house vote • 6/24/2022
On Concurring in the Senate Amendments to the House Amendment
Yes: 234 • No: 193
senate vote • 6/23/2022
On the Motion (Motion to Concur in the House amendment to S. 2938 with an amendment (Amdt. No. 5099))
Yes: 65 • No: 33