Pandemic Darlings The pandemic economy, in original documents
Home Congressional Record, June 1, 2023: floor action on H.R. 3746 (Fiscal Responsibility Act of 2023)Search ⌕

Congressional Record, June 1, 2023: floor action on H.R. 3746 (Fiscal Responsibility Act of 2023)

Summary

The Congressional Record for Thursday, June 1, 2023 (Vol. 169, No. 95) covers a day when the House met at 11 a.m. and the Senate at 10 a.m. The Senate took up H.R. 3746, a bill to provide for a responsible increase to the debt ceiling, and amendments listed to it include Paul No. 107 and Braun No. 91. On Rollcall Vote No. 146 the result was announced, yeas 63, nays 36, followed by the line: The bill (H.R. 3746) was passed. Senators also discussed section 111 of the bill, which changes the definition of major Federal action.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Congressional Record, June 1, 2023: floor action on H.R. 3746 (Fiscal Responsibility Act of 2023).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/congressional-record-june-1-2023-floor-action-on-h-r-3746-fiscal-respo-10dce18021/, SHA-256 8070d3ba03f51a23b02b65d9fc6c4f010798c38f2ac3969ec0ca67903f9c3747.

Full text

This is the first part of the text (pages 1 to 111 of 115). The full document is in our copy of the file, CREC-2023-06-01.pdf, listed under File and source; the original is at govinfo.gov.

                                                                                            Congressional Record
                                                   E PL
                                                          UR                    M
                                                               IB          NU
                                                                  U    U
                                                                  S




                                                                                                                                                                    118 th CONGRESS, FIRST SESSION
                                                 United States
                                                  of America                                 PROCEEDINGS AND DEBATES OF THE


                                              Vol. 169                                                       WASHINGTON, THURSDAY, JUNE 1, 2023                                                                        No. 95


                                                                                        House of Representatives
                                                The House met at 11 a.m. and was                                          In Your most merciful name, we                         EC–1052. A letter from the Senior Congres-
                                              called to order by the Speaker pro tem-                                   pray.                                                  sional Liaison, Consumer Financial Protec-
                                              pore (Mrs. CHAVEZ-DEREMER).                                                 Amen.                                                tion Bureau, transmitting the Bureau’s
                                                                                                                                                                               Major final rule — Small Business Lending
                                                                                    f                                                     f                                    Under the Equal Credit Opportunity Act
                                                DESIGNATION OF THE SPEAKER                                                          THE JOURNAL                                (Regulation B) [Docket No.: CFPB-2021-0015]
                                                          PRO TEMPORE                                                                                                          (RIN: 3170-AA09) received May 31, 2023, pursu-
                                                                                                                          The SPEAKER pro tempore. Pursu-                      ant to 5 U.S.C. 801(a)(1)(A); Public Law 104-
                                                The SPEAKER pro tempore laid be-                                        ant to section 3(z) of House Resolution                121, Sec. 251; (110 Stat. 868); to the Committee
                                              fore the House the following commu-                                       5, the Journal of the last day’s pro-                  on Financial Services.
                                              nication from the Speaker:                                                ceedings is approved.                                    EC–1053. A letter from the Program Ana-
                                                                     WASHINGTON, DC,                                                                                           lyst, Consumer and Governmental Affairs
                                                                                                                                          f
                                                                               June 1, 2023.                                                                                   Bureau, Federal Trade Commission, trans-
                                                I hereby appoint the Honorable LORI CHA-                                      PLEDGE OF ALLEGIANCE                             mitting the Commission’s Major final rule —
                                              VEZ-DEREMER to act as Speaker pro tempore                                                                                        Advanced Methods to Target and Eliminate
                                                                                                                          The SPEAKER pro tempore. The                         Unlawful Robocalls [CG Docket No.: 17-59]
                                              on this day.                                                              Chair will lead the House in the Pledge
                                                                     KEVIN MCCARTHY,                                                                                           Call Authentication Anchor [WC Docket No.:
                                                    Speaker of the House of Representatives.
                                                                                                                        of Allegiance.                                         17-97] received May 25, 2023, pursuant to 5
                                                                                                                          The SPEAKER pro tempore led the                      U.S.C. 801(a)(1)(A); Public Law 104-121, Sec.
                                                              f                                                         Pledge of Allegiance as follows:                       251; (110 Stat. 868); to the Committee on En-
                                                               PRAYER                                                     I pledge allegiance to the Flag of the               ergy and Commerce.
                                                                                                                        United States of America, and to the Repub-              EC–1054. A letter from the White House Li-
                                                The Chaplain, the Reverend Margaret                                                                                            aison, Department of Education, transmit-
                                                                                                                        lic for which it stands, one nation under God,
                                              Grun Kibben, offered the following                                                                                               ting a notification of an action on nomina-
                                                                                                                        indivisible, with liberty and justice for all.
                                              prayer:                                                                                                                          tion and a discontinuation of service in act-
                                                Holy God, enable us this day to find                                                    f                                      ing role, pursuant to 5 U.S.C. 3349(a); Public
                                              reason to rejoice. In our walk with                                       ANNOUNCEMENT BY THE SPEAKER                            Law 105-277, Sec. 151(b); (112 Stat. 2681-614); to
                                              You, may we look at things differently.                                               PRO TEMPORE                                the Committee on Oversight and Account-
                                                                                                                                                                               ability.
                                              Our minds open to Your creative work                                        The SPEAKER pro tempore. Under                         EC–1055. A letter from the White House Li-
                                              in the world, in our communities, and                                     clause 5(d) of rule XX, the Chair an-                  aison, Department of Education, transmit-
                                              in our own lives. Help us to see how                                      nounces to the House that, in light of                 ting a notification of a discontinuation of
                                              You make us new, allowing us to leave                                     the resignation of the gentleman from                  service in acting role, pursuant to 5 U.S.C.
                                              the past behind for the future You de-                                                                                           3349(a); Public Law 105-277, Sec. 151(b); (112
                                                                                                                        Rhode Island (Mr. CICILLINE), the whole
                                              sire for us.                                                                                                                     Stat. 2681-614); to the Committee on Over-
                                                                                                                        number of the House is 434.                            sight and Accountability.
                                                Even as we have been renewed, may
                                                                                                                                          f                                      EC–1056. A letter from the White House Li-
                                              we strive to be newly restored one to                                                                                            aison, Department of Education, transmit-
                                              another. Call us to find pathways not                                                 ADJOURNMENT                                ting a notification of a designation of acting
                                              just to compromise, but to be rec-                                          The SPEAKER pro tempore. Pursu-                      officer, pursuant to 5 U.S.C. 3349(a); Public
                                              onciled with those with whom You                                          ant to section 3(z) of House Resolution                Law 105-277, Sec. 151(b); (112 Stat. 2681-614); to
                                              have called us to serve in this place.                                    5, the House stands adjourned until                    the Committee on Oversight and Account-
                                                Enable us to find ways, even in our                                     noon on Monday, June 5, 2023, for                      ability.
                                              differences, even with all our diverse                                                                                             EC–1057. A letter from the Secretary, Of-
                                                                                                                        morning-hour debate and 2 p.m. for leg-                fice of Inspector General, Department of Vet-
                                              perspectives, to encourage one another                                    islative business.                                     erans Affairs, transmitting the Department’s
                                              on this journey we call life. Restrain us                                   Thereupon (at 11 o’clock and 2 min-                  semiannual report of the Office of Inspector
                                              in our inclination to disparage the                                       utes a.m.), under its previous order, the              General for October 1, 2022, through March
                                              other and inspire us to reach out in                                      House adjourned until Monday, June 5,                  31, 2023, pursuant to Title 38, Section 116,
                                              concern and support, even to those                                        2023, at noon for morning-hour debate.                 United States Code; to the Committee on
                                              with whom we disagree.                                                                                                           Oversight and Accountability.
                                                                                                                                          f                                      EC–1058. A letter from the Chief, Division
                                                In all of this, may we be of one mind
                                                                                                                          EXECUTIVE COMMUNICATIONS,                            or Regulations, National Park Service, De-
                                              in our service to this country and the
                                                                                                                                         ETC.                                  partment of the Interior, transmitting the
                                              ideals on which it was founded. To-                                                                                              Department’s final rule — National Capital
                                              gether, may we find more that unifies                                       Under clause 2 of rule XIV, executive                Region; Change of Address [NPS-WASO-
                                              us than divides us as together we sup-                                    communications were taken from the                     35108; PPNCNAMA00, PPMPSAS1Z.Y00000,
                                              port and defend our Republic.                                             Speaker’s table and referred as follows:               233P103601] (RIN: 1024-AE84)received May 25,




SSpencer on DSK126QN23PROD with HOUSE
                                                                 b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
                                                   Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.




                                              ®
                                                                                                                                                                                                             H2711


                                                                      Pdnted on recycled papfil.


                                        VerDate Sep 11 2014                     01:11 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00001   Fmt 7634   Sfmt 0634   E:\CR\FM\A01JN7.000   H01JNPT1
                                                       H2712                 CORRECTION                   CONGRESSIONAL RECORD — HOUSE                                                            June 1, 2023
                                                       2023, pursuant to 5 U.S.C. 801(a)(1)(A); Public         Consumer Conventional Cooking Products’’,                     By Mr. BACON (for himself, Mr. VAN
                                                       Law 104-121, Sec. 251; (110 Stat. 868); to the          and for other purposes (Rept. 118–86). Re-                      DREW, and Ms. SCANLON):
                                                       Committee on Natural Resources.                         ferred to the Committee of the Whole House               H.R. 3788. A bill to provide authorization
                                                         EC–1059. A letter from the Director, Office           on the state of the Union.                             for nonpecuniary damages in an action re-
                                                       of Regulations, Bureau of Ocean Energy                              DISCHARGE OF COMMITTEE                     sulting from a cruise ship voyage occurring
                                                       Management, Department of the Interior,                   Pursuant to clause 2 of rule XIII, the               on the high seas; to the Committee on the
                                                       transmitting the Department’s final rule —                                                                     Judiciary.
                                                                                                               Committees on Rules and the Budget                            By Mr. NEGUSE:
                                                       Oil Spill Financial Responsibility Adjust-
                                                       ment of the Limit of Liability for Offshore             discharged from further consideration.                   H.R. 3789. A bill to amend the Internal Rev-
                                                       Facilities [Docket ID: BOEM-2023-0002] (RIN:            H.R. 277 referred to the Committee of                  enue Code of 1986 to give the National Tax-
                                                       1010-AE18) received May 31, 2023, pursuant to           the Whole House on the state of the                    payer Advocate the authority to comment
                                                       5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec.         Union.                                                 on Treasury regulations; to the Committee
                                                       251; (110 Stat. 868); to the Committee on                                CONSENSUS CALENDAR                    on Ways and Means.
                                                       Transportation and Infrastructure.                           [Omitted from the Record of May 31, 2023]                By Ms. SLOTKIN (for herself and Mr.
                                                         EC–1060. A letter from the Executive Direc-                                                                           FITZPATRICK):
                                                                                                                 Under clause 7 of rule XV, the fol-                    H.R. 3790. A bill to amend title 38, United
                                                       tor, Acquisition, Policy and Oversight, Office
                                                       of the Chief Procurement Officer, Depart-               lowing motion was filed with the Clerk:                States Code, to extend increased dependency
                                                       ment of Homeland Security, transmitting                 Motion No. 1 , May 31, 2023 by Mr. BILI-               and indemnity compensation paid to sur-
                                                       the Department’s final rule — Homeland Se-              RAKIS on H.R. 1282.                                    viving spouses of veterans who die from
                                                       curity Acquisition Regulation; Safeguarding                                f                                   amyotrophic lateral sclerosis, regardless of
                                                       of   Controlled    Unclassified    Information                                                                 how long the veterans had such disease prior
                                                       [HSAR Case 2015-001; DHS Docket No.: DHS-                PUBLIC BILLS AND RESOLUTIONS                          to death; to the Committee on Veterans’ Af-
                                                       2017-0006] (RIN: 1601-AA76) received May 25,              Under clause 2 of rule XII, public                   fairs.
                                                       2023, pursuant to 5 U.S.C. 801(a)(1)(A); Public         bills and resolutions of the following                        By Ms. UNDERWOOD (for herself, Mr.
                                                       Law 104-121, Sec. 251; (110 Stat. 868); to the                                                                          BERA, Ms. CASTOR of Florida, and Ms.
                                                                                                               titles were introduced and severally re-                        DELAURO):
                                                       Committee on Homeland Security.
                                                         EC–1061. A letter from the Supervisor, Reg-
                                                                                                               ferred, as follows:                                      H.R. 3791. A bill to amend the Public
                                                       ulations Coordinator, Centers for Medicare                     By Mr. GRIFFITH (for himself and Mr.            Health Service Act with respect to public
                                                       and Medicaid Services, Department of                             QUIGLEY):                                     health data accessibility, and for other pur-
                                                       Health and Human Services, transmitting                   H.R. 3781. A bill to amend title 40, United          poses; to the Committee on Energy and Com-
                                                       the Department’s Major final rule — Medi-               States Code, to direct the Administrator of            merce.
                                                       care and Medicaid Programs; Policy and                  General Services to incorporate practices                     By Mr. WILSON of South Carolina (for
                                                       Regulatory Changes to the Omnibus COVID-                and strategies to reduce bird fatality result-                  himself, Mr. PHILLIPS, Mr. MCCAUL,
                                                       19 Health Care Staff Vaccination Require-               ing from collisions with certain public build-                  Mr. MEEKS, Mr. BAIRD, and Mr.
                                                       ment; Additional Policy and Regulatory                  ings, and for other purposes; to the Com-                       ALLRED):
                                                       Changes to the Requirements for Long-Term               mittee on Transportation and Infrastruc-                 H.R. 3792. A bill to modify and extend cer-
                                                       Care (LTC) Facilities and Intermediate Care             ture.                                                  tain authorities relating to cooperation be-
                                                       Facilities for Individuals With Intellectual                   By Mr. DONALDS (for himself, Mr.                tween the United States and Israel, expand
                                                       Disabilities (ICFs-IID) to Provide COVID-19                      NEHLS, Mr. BACON, Mr. BERGMAN, Mr.            and strengthen the Abraham Accords, and
                                                       Vaccine Education and Offer Vaccinations to                      FEENSTRA, Mrs. MILLER of Illinois,            for other purposes; to the Committee on For-
                                                       Residents, Clients, and Staff; Policy and                        Mr. LAMALFA, Mr. EDWARDS, Mr.                 eign Affairs, and in addition to the Com-
                                                       Regulatory Changes to the Long Term Care                         BOST, Mr. MANN, and Mr. LATURNER):            mittee on Science, Space, and Technology,
                                                       Facility COVID-19 Testing Requirements                    H.R. 3782. A bill to provide emergency re-           for a period to be subsequently determined
                                                       [CMS-3415-F, CMS-3414-F, CMS-3401-F](RIN:               lief for American short line railroads, and for        by the Speaker, in each case for consider-
                                                       0938-AU75, 0938-AU57, 0938-AU33) received               other purposes; to the Committee on Trans-             ation of such provisions as fall within the ju-
                                                       May 25, 2023, pursuant to 5 U.S.C.                      portation and Infrastructure.                          risdiction of the committee concerned.
                                                       801(a)(1)(A); Public Law 104-121, Sec. 251; (110               By Mr. ESPAILLAT:                                      By Mrs. MILLER-MEEKS (for herself
                                                                                                                 H.R. 3783. A bill to protect public health                    and Mr. WILLIAMS of New York):
                                                       Stat. 868); jointly to the Committees on En-
                                                                                                               and human safety by prohibiting the farming              H. Res. 461. A resolution condemning the
                                                       ergy and Commerce and Ways and Means.
                                                                                                               of mink for their fur, to compensate farmers           use of elementary and secondary school fa-
                                                                        f                                      as they transition out of the industry, and            cilities to provide shelter for aliens who are
                                                                                                               for other purposes; to the Committee on Ag-            not admitted to the United States; to the
                                                          REPORTS OF COMMITTEES ON
                                                                                                               riculture, and in addition to the Committee            Committee on Education and the Workforce.
                                                        PUBLIC BILLS AND RESOLUTIONS                           on the Budget, for a period to be subse-                      By Mr. BERA (for himself, Mrs. KIM of
                                                         Under clause 2 of rule XIII, reports of               quently determined by the Speaker, in each                      California, Mr. CARSON, Ms. TITUS,
                                                       committees were delivered to the Clerk                  case for consideration of such provisions as                    Ms. NORTON, Mr. WALTZ, Mr. COHEN,
                                                       for printing and reference to the proper                fall within the jurisdiction of the committee                   Mr. MOULTON, Mr. SHERMAN, Mr. KIM
                                                                                                               concerned.                                                      of New Jersey, Mr. KEATING, Mrs.
                                                       calendar, as follows:
                                                                                                                      By Mr. FERGUSON (for himself and                         WAGNER, and Mr. CONNOLLY):
                                                         Mr. JORDAN: Committee on the Judiciary.                        Mr. LARSON of Connecticut):                     H. Res. 462. A resolution remembering the
                                                       H.R. 288. A bill to amend title 5, United                 H.R. 3784. A bill to amend title VII of the          victims of the 1989 Tiananmen Square mas-
                                                       States Code, to clarify the nature of judicial          Social Security Act to provide for a single            sacre and condemning the continued and in-
                                                       review of agency interpretations of statutory           point of contact at the Social Security Ad-            tensifying crackdown on human rights and
                                                       and regulatory provisions; with an amend-               ministration for individuals who are victims           basic freedoms within the People’s Republic
                                                       ment (Rept. 118–83). Referred to the Com-               of identity theft; to the Committee on Ways            of China, including the Hong Kong Special
                                                       mittee of the Whole House on the state of               and Means.                                             Administrative Region, by the Chinese Com-
                                                       the Union.                                                     By Mr. GARAMENDI (for himself, Ms.              munist Party, and for other purposes; to the
                                                         Mr. JORDAN: Committee on the Judiciary.                        BROWNLEY, and Ms. JACKSON LEE):               Committee on Foreign Affairs.
                                                       H.R. 277. A bill to amend chapter 8 of title 5,           H.R. 3785. A bill to amend title 23, United
                                                       United States Code, to provide that major               States Code, to require that public employ-                             f
                                                       rules of the executive branch shall have no             ees perform construction inspection work for           CONSTITUTIONAL AUTHORITY AND
                                                       force or effect unless a joint resolution of ap-        federally funded highway projects, and for               SINGLE SUBJECT STATEMENTS
                                                       proval is enacted into law, with an amend-              other purposes; to the Committee on Trans-
                                                       ment (Rept. 118–84, Pt. 1). Referred to the             portation and Infrastructure.                            Pursuant to clause 7(c)(l) of rule XII
                                                       Committee of the Whole House on the state                      By Mr. HARDER of California:                    and Section 3(c) of H. Res. 5 the fol-
                                                       of the Union.                                             H.R. 3786. A bill to support the establish-          lowing statements are submitted re-
                                                         Mrs. RODGERS of Washington: Committee                 ment of an apprenticeship college consor-              garding (1) the specific powers granted




sradovich on DSKJLST7X2PROD with CR-ONLINE-COR
                                                       on Energy and Commerce. H.R. 1615. A bill to            tium; to the Committee on Education and                to Congress in the Constitution to
                                                       prohibit the use of Federal funds to ban gas            the Workforce.
                                                       stoves (Rept. 118–85). Referred to the Com-                                                                    enact the accompanying bill or joint
                                                                                                                      By Mr. LAHOOD (for himself, Mr. KIL-
                                                       mittee of the Whole House on the state of                        DEE, Mr. FEENSTRA, and Mr. EVANS):
                                                                                                                                                                      resolution and (2) the single subject of
                                                       the Union.                                                H.R. 3787. A bill to amend the Internal Rev-         the bill or joint resolution.
                                                         Mrs. RODGERS of Washington: Committee                 enue Code of 1986 to modify certain rules ap-                By Mr. GRIFFITH:
                                                       on Energy and Commerce. H.R. 1640. A bill to            plicable to qualified small issue manufac-               H.R. 3781.
                                                       prohibit the Secretary of Energy from final-            turing bonds, to expand certain exceptions to            Congress has the power to enact this legis-
                                                       izing, implementing, or enforcing the pro-              the private activity bond rules for first-time         lation pursuant to the following:
                                                       posed rule titled ‘‘Energy Conservation Pro-            farmers, and for other purposes; to the Com-             Article 1, Section 8, Clause 3 of the U.S.
                                                       gram: Energy Conservation Standards for                 mittee on Ways and Means.                              Constitution




                                                 VerDate Sep 11 2014   18:51 Oct 13, 2023   Jkt 049060   PO 00000   Frm 00002    Fmt 7634   Sfmt 0634   E:\RECORD23\JUNE\H01JN3.REC   H01JN3
                                                       June 1, 2023                                       CONGRESSIONAL RECORD — HOUSE                                         CORRECTION              H2713
                                                         The single subject of this legislation is:              The single subject of this legislation is:          expand and strengthen the Abraham Ac-
                                                         To develop and implement strategies for                 This bill modifies certain rules applicable         cords, and for other purposes.
                                                       reducing bird fatalities from collisions with           to qualified small issue manufacturing bonds
                                                       certain federal public buildings.                       and expands certain exceptions to the pri-                            f
                                                             By Mr. DONALDS:                                   vate activity bond rules for first-time farm-
                                                         H.R. 3782.                                            ers.
                                                         Congress has the power to enact this legis-                 By Mr. BACON:                                          ADDITIONAL SPONSORS
                                                       lation pursuant to the following:                         H.R. 3788.
                                                         Art. I, Sec. 8 of the U.S. Constitution                                                                       Under clause 7 of rule XII, sponsors
                                                                                                                 Congress has the power to enact this legis-
                                                         The single subject of this legislation is:            lation pursuant to the following:                     were added to public bills and resolu-
                                                         Disaster Relief                                         Article I, Section 8, Clause 3                      tions, as follows:
                                                             By Mr. ESPAILLAT:                                   The single subject of this legislation is:            H.R. 82: Mrs. BICE.
                                                         H.R. 3783.
                                                                                                                 To provide authorization for nonpecuniary             H.R. 92: Mr. GOSAR.
                                                         Congress has the power to enact this legis-
                                                                                                               damages in an action resulting from a cruise            H.R. 472: Mr. JACKSON of North Carolina.
                                                       lation pursuant to the following:
                                                         Article I, Section 8, Clause 1                        ship voyage occurring on the high seas.                 H.R. 700: Ms. ESCOBAR and Mr. MOORE of
                                                         The Congress shall have Power to . . . pro-                 By Mr. NEGUSE:                                  Utah.
                                                       vide for the . . . general Welfare of the                 H.R. 3789.                                            H.R. 768: Ms. DAVIDS of Kansas and Ms.
                                                       United States; . . .                                      Congress has the power to enact this legis-         MANNING.
                                                         The single subject of this legislation is:            lation pursuant to the following:                       H.R. 795: Mr. JACKSON of North Carolina.
                                                         This bill would close all Mink farms and                Article I, Section 8
                                                                                                                                                                       H.R. 807: Mr. LUTTRELL and Mr. THOMPSON
                                                       pay farmers the fair market price of their                The single subject of this legislation is:
                                                                                                                                                                     of Pennsylvania.
                                                       farms.                                                    To amend the Internal Revenue Code of
                                                                                                                                                                       H.R. 932: Ms. DELBENE and Mrs. SPARTZ.
                                                             By Mr. FERGUSON:                                  1986 to give the National Taxpayer Advocate
                                                                                                               the authority to comment on Treasury regu-              H.R. 1147: Mr. ALLEN.
                                                         H.R. 3784.
                                                         Congress has the power to enact this legis-           lations.                                                H.R. 1413: Ms. TITUS.
                                                       lation pursuant to the following:                             By Ms. SLOTKIN:                                   H.R. 1594: Mr. NUNN of Iowa.
                                                         Clause 1 of section 8 of article I of the Con-          H.R. 3790.                                            H.R. 1640: Mr. FRY and Mr. NEWHOUSE.
                                                       stitution, to ‘‘provide for the common de-                Congress has the power to enact this legis-           H.R. 1839: Mr. SOTO and Mrs. DINGELL.
                                                       fense and general welfare of the United                 lation pursuant to the following:                       H.R. 2385: Ms. KUSTER.
                                                       States.’’                                                 Article I, Section 8, Clause 18: To make all          H.R. 2713: Ms. SLOTKIN.
                                                         The single subject of this legislation is:            Laws which shall be necessary and proper for            H.R. 2736: Mr. LIEU.
                                                         Social Security contact.                              carrying into Execution the foregoing Pow-              H.R. 2766: Ms. WILLIAMS of Georgia.
                                                             By Mr. GARAMENDI:                                 ers, and all other Powers vested by this Con-           H.R. 2803: Mr. TONKO and Ms. ESCOBAR.
                                                         H.R. 3785.                                            stitution in the Government of the United               H.R. 2898: Mr. LIEU.
                                                         Congress has the power to enact this legis-           States, or in any Department or Officer                 H.R. 2899: Mr. LIEU.
                                                       lation pursuant to the following:                       thereof.                                                H.R. 2935: Mr. HIMES.
                                                         Article I, Section 8, Clause 3                          The single subject of this legislation is:
                                                         The single subject of this legislation is:                                                                    H.R. 2969: Mr. LAWLER.
                                                                                                                 To amend title 38, United States Code, to             H.R.     2973:   Mr.   SCHIFF    and    Mr.
                                                         The bill requires construction inspection
                                                                                                               extend increased dependency and indemnity             FLEISCHMANN.
                                                       functions for Federal-aid highways to be con-
                                                                                                               compensation paid to surviving spouses of               H.R. 3030: Ms. KUSTER.
                                                       ducted by public employees, with a limited,
                                                                                                               veterans who die from amyotrophic lateral               H.R. 3036: Mr. LANGWORTHY.
                                                       1-year exception if the State or local trans-
                                                                                                               sclerosis, regardless of how long the veterans          H.R. 3246: Mr. FOSTER, Mr. SCHNEIDER, and
                                                       portation agency lacks the staffing to con-
                                                                                                               had such disease prior to death.                      Mr. KILDEE.
                                                       duct these inspections
                                                                                                                     By Ms. UNDERWOOD:                                 H.R. 3308: Mr. BUCSHON.
                                                             By Mr. HARDER of California:
                                                         H.R. 3786.                                              H.R. 3791.
                                                                                                                                                                       H.R. 3392: Ms. PETTERSEN and Mr. WALTZ.
                                                         Congress has the power to enact this legis-             Congress has the power to enact this legis-
                                                                                                                                                                       H.R. 3448: Mr. BOYLE of Pennsylvania.
                                                       lation pursuant to the following:                       lation pursuant to the following:
                                                                                                                 Article 1, Section 8 of the U.S. Constitu-            H.R. 3455: Mr. HIGGINS of Louisiana.
                                                         Article 1, Section 8 of the U.S. Constitu-                                                                    H.R. 3470: Mr. MRVAN.
                                                       tion                                                    tion.
                                                                                                                 The single subject of this legislation is:            H.R. 3566: Mr. GOTTHEIMER, Mr. STEUBE,
                                                         The single subject of this legislation is:                                                                  Mr. RUPPERSBERGER, Mr. AMODEI, Mr. DAVIS
                                                         This bill supports the establishment of an              Health care
                                                                                                                     By Mr. WILSON of South Carolina:                of Illinois, and Ms. TOKUDA.
                                                       apprenticeship college consortium.
                                                                                                                 H.R. 3792.                                            H.R. 3601: Ms. BROWNLEY.
                                                             By Mr. LAHOOD:
                                                         H.R. 3787.                                              Congress has the power to enact this legis-           H.R. 3710: Mr. DAVIS of North Carolina.
                                                         Congress has the power to enact this legis-           lation pursuant to the following:                       H.R. 3740: Mr. CRANE.
                                                       lation pursuant to the following:                         Article 1, Section 8                                  H.R. 3749: Ms. DELBENE.
                                                         U.S. Constitution Article I, Section 8,                 The single subject of this legislation is:            H. Res. 82: Mr. CLINE.
                                                       Clause 1: ‘‘The Congress shall have Power to              To modify authorities relating to coopera-            H. Res. 303: Ms. CROCKETT.
                                                       lay and collect Taxes . . .’’                           tion between the United States and Israel,              H. Res. 416: Mr. CORREA.




sradovich on DSKJLST7X2PROD with CR-ONLINE-COR




                                                 VerDate Sep 11 2014   18:52 Oct 13, 2023   Jkt 049060   PO 00000   Frm 00003   Fmt 7634   Sfmt 0634   E:\RECORD23\JUNE\H01JN3.REC   H01JN3
                                                                                                Congressional Record
                                                    E PL
                                                           UR                       M
                                                                IB             NU
                                                                   U       U
                                                                   S




                                                                                                                                                                        118 th CONGRESS, FIRST SESSION
                                                 United States
                                                  of America                                     PROCEEDINGS AND DEBATES OF THE


                                               Vol. 169                                                          WASHINGTON, THURSDAY, JUNE 1, 2023                                                                 No. 95


                                                                                                                                       Senate
                                                 The Senate met at 10 a.m. and was                                                    LEGISLATIVE SESSION                            So, again, the Senate will stay in ses-
                                               called to order by the President pro                                                                                                sion until we send a bill avoiding de-
                                               tempore (Mrs. MURRAY).                                                                                                              fault to the President’s desk, and we
                                                                                                                            PROVIDING FOR CONGRESSIONAL                            will keep working until the job is done.
                                                                                        f                                     DISAPPROVAL UNDER CHAPTER                              The vast majority of Senators recog-
                                                                                                                              8 OF TITLE 5, UNITED STATES                          nize that passing this bill is supremely
                                                               PRAYER                                                         CODE, OF THE RULE SUBMITTED                          important. It is about preserving the
                                                 The Chaplain, Dr. Barry C. Black, of-                                        BY THE DEPARTMENT OF EDU-                            full faith and credit of the United
                                               fered the following prayer:                                                    CATION RELATING TO ‘‘WAIVERS                         States. There is no good reason—
                                                 Let us pray.                                                                 AND MODIFICATIONS OF FED-                            none—to bring this process down to the
                                                 Eternal Lord God, Your promises are                                          ERAL      STUDENT       LOANS’’—Re-                  wire, no good reason to bring this proc-
                                               sure. Bless our lawmakers in all their                                         sumed                                                ess down to the wire, and that, too, is
                                               undertakings. In their friendships,                                            The PRESIDENT pro tempore. Under                     dangerous and risky.
                                               keep them faithful and true. In their                                        the previous order, the Senate will re-                  So, today, I hope we see a genuine de-
                                               emotions, keep them calm and serene,                                         sume consideration of H.J. Res. 45,                    sire to keep this process moving quick-
                                               free from anxiety and care. In their                                         which the clerk will report.                           ly. I hope we see nothing even ap-
                                               material things, give them content-                                            The senior assistant legislative clerk               proaching brinksmanship. The country
                                               ment and generosity. In their spiritual                                      read as follows:                                       cannot afford that right now. Instead, I
                                               lives, deliver them from doubt and dis-                                        A joint resolution (H.J. Res. 45) providing          hope we see bipartisan cooperation.
                                               trust. In their work, give them guid-                                        for congressional disapproval under chapter 8            Bipartisanship is always the best way
                                               ance, courage, and success. And when                                         of title 5, United States Code, of the rule            to avoid default and get this bill over
                                               misfortune comes, use the trials to                                          submitted by the Department of Education               the finish line. We have said it over and
                                               bring them closer to each other and to                                       relating to ‘‘Waivers and Modifications of             over again. Bipartisanship is what pre-
                                                                                                                            Federal Student Loans’’.                               vented default under President Trump;
                                               You. Let nothing make their certainty
                                                                                                                                 RECOGNITION OF THE MAJORITY LEADER                it is what prevented default under
                                               that You alone are sovereign over their
                                               lives be shaken.                                                              The PRESIDENT pro tempore. The                        President Biden; and it is what will
                                                 We pray in Your mighty Name.                                               majority leader is recognized.                         prevent default in this case too. Par-
                                               Amen.                                                                                   FISCAL RESPONSIBILITY ACT                   tisanship and hostage-taking, mean-
                                                                                                                              Mr. SCHUMER. Madam President,                        while, were never going to win the day.
                                                                                        f                                   last night, a large majority of both                     Let me say this. Last night’s House
                                                                                                                            Democrats and Republicans in the                       vote was a resounding affirmation of
                                                    PLEDGE OF ALLEGIANCE                                                    House passed bipartisan legislation to                 bipartisanship, which I hope bodes well
                                                 The President pro tempore led the                                          protect the U.S. economy, protect                      for quick movement here in the Sen-
                                               Pledge of Allegiance, as follows:                                            American families, and eliminate the                   ate. Large majorities from both sides
                                                 I pledge allegiance to the Flag of the                                     threat of a first-ever default.                        came together to produce last night’s
                                               United States of America, and to the Repub-                                    The bill is now in the Senate where                  314—314—‘‘yes’’ votes. Two-thirds of
                                               lic for which it stands, one nation under God,                               we begin the process today of passing                  Republicans voted for it, and more
                                               indivisible, with liberty and justice for all.                               this legislation as soon as possible. The              than two-thirds of Democrats voted for
                                                                                                                            Senate will stay in session until we                   it. I thank my House colleagues on
                                                                                        f                                   send a bill avoiding default to Presi-                 both sides of the aisle who fulfilled
                                                                                                                            dent Biden’s desk. We will keep work-                  their duty to prevent a catastrophic
                                                 RESERVATION OF LEADER TIME                                                 ing until the job is done.                             default.
                                                 The PRESIDENT pro tempore. Under                                             Time is a luxury the Senate does not                   We need that same spirit of biparti-
                                               the previous order, the leadership time                                      have if we want to prevent default.                    sanship that governed the House vote
                                               is reserved.                                                                 June 5 is less than 4 days away. At this               to continue here in the Senate this
                                                                                                                            point, any needless delay or last-                     morning. I hope that very soon we can
                                                                                        f                                   minute holdups would be an unneces-                    finish the job of putting the default in
                                                                                                                            sary and even dangerous risk, and any                  our rearview mirror. This is the best
                                                    CONCLUSION OF MORNING                                                   change to this bill that forces us to                  thing we can do right now for our econ-
                                                              BUSINESS                                                      send it back to the House would be en-                 omy and for American families.
                                                 The PRESIDENT pro tempore. Morn-                                           tirely unacceptable. It would almost                     I am optimistic the Senate is going




SSpencer on DSK126QN23PROD with SENATE
                                               ing business is closed.                                                      guarantee default.                                     to get this done, but it will take one


                                                                       ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.




                                               ®
                                                                                                                                                                                                            S1857


                                                                         Pdnted on recycled papfil.


                                         VerDate Sep 11 2014                        01:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00001   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.000   S01JNPT1
                                               S1858                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               more concerted, focused, and bipar-                       The deal the House passed last night                 come one of the most familiar and be-
                                               tisan push to get us over the finish                    is a promising step toward fiscal san-                 loved voices on the airwaves in South
                                               line.                                                   ity. Ah, but make no mistake, there is                 Dakota.
                                                 I yield the floor.                                    much more work to be done. The fight                     I have had many great conversations
                                                 I suggest the absence of a quorum.                    to reel in wasteful spending is far from               with Jerry over the years on air and
                                                 The PRESIDENT pro tempore. The                        over.                                                  off, and I can say for certain that his
                                               clerk will call the roll.                                 Our obligation to provide for the                    departure will leave a very big hole in
                                                 The senior assistant legislative clerk                common defense is especially urgent.                   the South Dakota radio scene. But he
                                               proceeded to call the roll.                             For years, Republicans have led signifi-               has more than earned his retirement,
                                                 Mr. MCCONNELL. Madam President,                       cant investments in improving the                      and I know that he will relish getting
                                               I ask unanimous consent that the order                                                                         to spend more time with his wife
                                                                                                       readiness of our Armed Forces and
                                               for the quorum call be rescinded.                                                                              Cheryl—herself just recently retired
                                                                                                       modernizing their capabilities to face
                                                 The PRESIDENT pro tempore. With-
                                                                                                       down emerging threats, but since                       from an amazing 43 years with Farm
                                               out objection, it is so ordered.
                                                                                                       President Biden took office, Repub-                    Credit Services of America—and with
                                                   RECOGNITION OF THE MINORITY LEADER
                                                                                                       licans have had to fight year after year               his sons and their wives and his six
                                                 The Republican leader is recognized.
                                                                                                       to ensure we meet the needs of our                     grandchildren.
                                                         FISCAL RESPONSIBILITY ACT
                                                                                                       military.                                                Jerry, congratulations on an incred-
                                                 Mr. MCCONNELL. Madam President,                         Fortunately, we have secured bipar-                  ible and award-winning career, and
                                               last night, an overwhelming majority                    tisan    recognition    that   President               enjoy some well-deserved rest.
                                               of our House colleagues voted to pass                   Biden’s budget requests have under-                                      H.J. RES. 45
                                               the agreement Speaker MCCARTHY
                                                                                                       funded our national defense. This was                    Mr. President, last August, mere
                                               reached with President Biden. In doing
                                                                                                       especially true last year when Repub-                  days after he had signed a bill that
                                               so, they took an urgent and important
                                                                                                       licans secured a substantial, real-dollar              would supposedly reduce the deficit by
                                               step in the right direction for the
                                                                                                       increase to defense funding and ended                  $238 billion, President Biden announced
                                               health of our economy and the future
                                                                                                       Democrats’ artificial demands for par-                 a student loan giveaway that is said to
                                               of our country.
                                                 The Fiscal Responsibility Act avoids                  ity with nondefense discretionary                      cost taxpayers nearly a trillion dollars
                                               the catastrophic consequences of a de-                  spending. This bought our military val-                over the next decade. In a Presidency
                                               fault on our Nation’s debt, and just as                 uable time, but it was hardly a silver                 distinguished by bad economic deci-
                                               importantly, it makes the most serious                  bullet.                                                sions, this was a particularly notable
                                               headway in years toward curbing                           As I said yesterday, President                       one.
                                               Washington Democrats’ reckless spend-                   Biden’s refusal to let the defense por-                  There are two main parts to the
                                               ing addiction. The bill that the House                  tion of this agreement exceed his insuf-               President’s scheme. There is the out-
                                               just passed has the potential to cut                    ficient budget request is certainly dis-               right forgiveness of $10,000 in Federal
                                               Federal spending by $1.5 trillion. Now                  appointing.                                            student debt—or $20,000 for Pell grant
                                               the Senate has the chance to make                         So while the coming votes are an im-                 recipients—which is set to cost Amer-
                                               that important progress a reality.                      portant step in the right direction, we                ican taxpayers somewhere in the neigh-
                                                 Madam President, remember where                       cannot—cannot—neglect our funda-                       borhood of half a trillion dollars. Then
                                               we were just a few months ago. After 2                  mental obligation to address the Na-                   there is the President’s radical revamp
                                               years of reckless spending and painful,                 tion’s most pressing national security                 of the income-driven repayment sys-
                                               runaway inflation, the American peo-                    challenges. Vladimir Putin’s brutal in-                tem, which will bring total cost for the
                                               ple elected a Republican House major-                   vasion of Ukraine continues. Iran’s                    President’s plan somewhere close to a
                                               ity to serve as a check on Washington                   state sponsorship of terrorism against                 trillion dollars.
                                               Democrats’ power. It was clear from                     Americans and our partners continues.                    There are a number of obvious prob-
                                               the outset that preserving the full                     North Korea’s destabilizing nuclear                    lems with the President’s plan for for-
                                               faith and credit of the United States                   proliferation continues. China’s grow-                 giving student debt. I say ‘‘forgiving
                                               was going to come down to an agree-                     ing challenge to peace and stability in                student debt,’’ but it is more like
                                               ment that could pass both the people’s                  the Indo-Pacific continues as well.                    transferring the cost of student debt
                                               House and earn the President’s signa-                     So the Senate cannot afford to ne-                   for the relatively small percentage of
                                               ture—in other words, direct negotia-                    glect its obligation to America’s men                  taxpayers in this country with student
                                               tions between Speaker MCCARTHY and                      and women in uniform. Our urgent                       debt to American taxpayers as a whole.
                                               President Biden just like I have said                   work to help them defend our Nation,                   It is something of a slap in the face to
                                               for months—for months.                                  support our allies, and safeguard our                  Americans who chose more affordable
                                                 So, back in February, Speaker                         interests remains unfinished, and so                   college options or worked their way
                                               MCCARTHY got right to work. He made                     does our work to bring more of Wash-                   through school to avoid taking on stu-
                                               it clear to the President he was ready                  ington Democrats’ reckless liberal                     dent loans or whose parents scrimped
                                               to take serious steps, not only to avoid                spending to heel.                                      and saved to put them through college.
                                               crisis in the near term but to put gov-                   I suggest the absence of a quorum.                     It is also a slap in the face to mem-
                                               ernment spending on a more sustain-                       The PRESIDING OFFICER (Mr.                           bers of the military who signed up to
                                               able path for the long term.                            WARNOCK). The clerk will call the roll.                serve this country and earned GI bill
                                                 Unfortunately, it took President                        The senior assistant legislative clerk               benefits to help with tuition or train-
                                               Biden months to accept this basic re-                   proceeded to call the roll.                            ing. Not to mention that negating this
                                               ality, but when the President finally                     Mr. THUNE. Mr. President, I ask                      popular benefit could drag down re-
                                               came to the table, House Republicans                    unanimous consent that the order for                   cruitment and retention.
                                               worked hard to secure as many serious                   the quorum call be rescinded.                            And, of course, it is deeply unfair to
                                               spending reforms as possible, consid-                     The PRESIDING OFFICER. Without                       ask the many Americans who worked
                                               ering that we were in a divided govern-                 objection, it is so ordered.                           hard to pay off their loans or who
                                               ment, and they produced a deal that                                 TRIBUTE TO JERRY OSTER                     never pursued college in the first place
                                               moves every key Republican priority in                    Mr. THUNE. Mr. President, before I                   to take on the burden of student debt
                                               the right direction.                                    begin, I would like to take just a mo-                 for individuals who took out loans for
                                                 The Speaker’s agreement cuts domes-                   ment this morning to recognize a pillar                college or graduate school and agreed
                                               tic discretionary spending while in-                    of the South Dakota press corps who                    to pay them back.




SSpencer on DSK126QN23PROD with SENATE
                                               creasing support for veterans and the                   has served at WNAX in Yankton, SD,                       And let’s remember, we are asking
                                               Armed Forces. It locks in promising re-                 for an incredible 47 years. His name is                taxpayers, at large, to foot the bill for
                                               forms to infrastructure permitting. It                  Jerry Oster, and he truly is an institu-               student loan cancellation for Ameri-
                                               claws back unspent COVID emergency                      tion on the media landscape in South                   cans who enjoy greater long-term earn-
                                               funds. It slashes bloated spending at                   Dakota.                                                ing potential than many of the Ameri-
                                               the IRS. It ties future executive branch                  Jerry joined WNAX as news director                   cans who will be helping to shoulder
                                               regulations to new spending cuts.                       in September of 1976, and he has be-                   the burden for their debts.



                                         VerDate Sep 11 2014   23:59 Jun 01, 2023   Jkt 039060   PO 00000   Frm 00002   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.002   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                S1859
                                                 The President’s student loan give-                       Currently, the outcome of the for-                    Before Republican interests sued to
                                               away isn’t a government handout for                     giveness portion of the President’s stu-               deny borrowers this life-changing re-
                                               the needy; it is a government handout                   dent loan giveaway is unclear. The                     lief, putting the President’s plan on
                                               that will be disproportionately bene-                   President’s legal authority for this ac-               pause, over 26 million people across all
                                               ficial to Americans who are better off.                 tion is dubious, and his ability to uni-               50 States had already applied for or
                                               It is ironic coming from someone who                    laterally forgive student loans has been               were automatically eligible for that re-
                                               claims he wants to build the economy                    challenged in the Supreme Court, with                  lief.
                                               from the bottom up and the middle                       a decision expected within weeks.                        And let’s be clear. This relief is tar-
                                               out. The President’s student loan give-                    And, today, the Senate looks likely                 geted to reach those who need it the
                                               away is decidedly more top-down, let’s                  to pass a resolution that would block                  most. Ninety percent of the relief will
                                               face it.                                                the forgiveness part of the President’s
                                                 And speaking of the economy, Ameri-                                                                          go to borrowers earning less than
                                                                                                       proposal. Unfortunately, the President                 $75,000 a year. That is such a big deal.
                                               cans continue to struggle with the ef-                  is guaranteed to veto the measure, and
                                               fects of the Democrat-driven inflation                  there are not enough Democrats in the                    I have heard from so many people
                                               crisis that has beset our economy for                   House and Senate willing to override                   across my State who were so grateful
                                               most of the President’s administration.                 his veto. Apparently, the possibility of               and relieved to have a glimmer of hope
                                               Prices are up 16 percent on average                     garnering votes from Americans with                    finally, to see a light at the end of the
                                               since the President took office, and we                 student debt is reason enough for                      tunnel, and now Republicans want to
                                               are nowhere near getting back to the                    Democrats to ignore the blatantly re-                  snuff it out. They are trying to deny
                                               target inflation rate of 2 percent.                     gressive nature of the President’s stu-                relief to borrowers in court and now
                                                 What is the President’s student loan                  dent loan giveaway—and the fact that                   here in Congress too. That is what we
                                               plan almost guaranteed to do? In the                    it will almost unquestionably worsen                   are voting on today.
                                               words of the nonpartisan Committee                      the problem of rising college costs, not                 To the hard-working people in Amer-
                                               for a Responsible Federal Budget where                  to mention the fact that it will drive                 ica who are counting on the student
                                               the President’s own Treasury Sec-                       up inflation and balloon the deficit.                  debt relief, listen up. Republicans are
                                               retary served on the board, the Presi-                     I haven’t even mentioned the third                  willing to do anything and everything
                                               dent’s student loan giveaway will                       part of the President’s student loan                   to prevent you from living a life with-
                                               ‘‘meaningfully     boost     inflation’’—               legacy, which is the COVID-era student                 out crushing debt.
                                               ‘‘meaningfully boost inflation.’’                       loan repayment pause that President
                                                 I have talked about the forgiveness                                                                            And let’s be clear. This Republican
                                                                                                       Biden has extended six times during his                bill wouldn’t only rip away relief bor-
                                               part of the President’s plan and how
                                                                                                       Presidency with no reasonable jus-                     rowers who qualify under the Presi-
                                               fundamentally unfair it is, but that is
                                                                                                       tification. That pause, which has been                 dent’s plan are counting on. This CRA
                                               only half of the President’s student
                                                                                                       in place for 3 years now, costs tax-                   that we are going to vote on could im-
                                               loan giveaway. The other half is just as
                                                                                                       payers $5 billion per month. Fortu-                    pact the pause on loan payments and
                                               problematic because it sets up a sys-
                                                                                                       nately, this pause is guaranteed to end                cause major problems for borrowers
                                               tem in which the majority of Federal
                                                                                                       thanks to the Fiscal Responsibility                    who have received relief through the
                                               borrowers will never fully repay their
                                                                                                       Act, the legislation Speaker MCCARTHY                  Public Service Loan Forgiveness and
                                               loans. The Urban Institute, a left-of-
                                               center think tank, estimates that just                  and President Biden agreed on to raise                 income-driven repayment programs.
                                               22 percent of those with bachelor’s de-                 the debt ceiling. But while the end of
                                                                                                       the pause is a victory for taxpayers,                    That means these Republican efforts
                                               grees enrolled in the President’s new                                                                          could create the perfect storm for more
                                               income-driven     repayment      program                the savings that will result pale in
                                                                                                       comparison to the tremendous costs of                  than 260,000 public service workers who
                                               would repay their loans in full—22 per-                                                                        have already earned that relief. Bor-
                                               cent—and many individuals would                         the President’s student loan giveaway.
                                                                                                       And if the Supreme Court doesn’t over-                 rowers who thought they were done
                                               never be required to repay a penny.                                                                            paying their loans may have to pay
                                                 And who will be footing the bill for                  turn the forgiveness portion of the
                                                                                                       President’s student loan giveaway,                     more interest or additional payments.
                                               all those student loan dollars that
                                                                                                       American taxpayers will be stuck with                  Think about that.
                                               aren’t repaid? Well, you guessed it—the
                                               American taxpayers.                                     the full nearly trillion-dollar bill. It                 You know who we are talking about:
                                                 Needless to say, the President’s in-                  will be one more negative economic                     nurses and teachers and firefighters
                                               come-driven repayment plan will not                     legacy from Democrats and the Biden                    and medical researchers. Seriously,
                                               only fail to curtail student borrowing,                 administration.                                        these are the people who keep America
                                               it will actually encourage it. If you can                  I yield the floor.                                  going. The cold, hard reality is that if
                                               reasonably expect that you won’t have                      The PRESIDING OFFICER (Mr.                          Republicans get their way and pass
                                               to fully pay back your loans, you are                   LUJÁN). The Senator from Washington.                  this into law, people across the country
                                               much more likely to feel free to borrow                    Mrs. MURRAY. Mr. President, I come                  would have relief that they have count-
                                               and to borrow liberally.                                to the floor to urge all of my col-                    ed on snatched away from them, plans
                                                 And, of course, neither the Presi-                    leagues to vote against this Republican                they have made upended, less money in
                                               dent’s outright student loan forgive-                   bill that would undo President Biden’s                 their pockets, and monthly payments
                                               ness nor his forgiveness masquerading                   student debt relief plan and rip away                  not just abruptly restarted but maybe
                                               as income-driven repayment will do                      relief borrowers across the country are                even abruptly jacked up hundreds of
                                               anything to address the problem of                      counting on.                                           dollars. That is what Republicans are
                                               soaring college costs. In fact, the Presi-                 It is hard to overstate how badly the               voting for. It is chaos and hardship for
                                               dent’s student loan giveaway is likely                  student debt crisis has strained our                   borrowers and families across this
                                               to make the problem worse.                              borrowers and our families nationwide,                 country.
                                                 You only have to look at what hap-                    and this crisis has been a drag on our
                                               pened when Democrats forced through                     whole country and our economy. It is                     Mr. President, I can’t speak for ev-
                                               their $7,500 tax credit for Americans                   holding people back from starting fam-                 eryone, but I came here to make peo-
                                               who purchased electric vehicles. Car                    ilies or starting a business or buying a               ple’s lives better. I didn’t come here to
                                               manufacturers, not surprisingly, raised                 home—or, in many cases, just making                    punish them for this broken student
                                               their prices by a similar amount. Simi-                 ends meet.                                             loan system that they got stuck with.
                                                                                                          The student debt relief President                   I cannot overstate how arcane and




SSpencer on DSK126QN23PROD with SENATE
                                               larly, if colleges can expect that the
                                               Federal Government will pick up a siz-                  Biden announced last fall is life-chang-               complicated and how broken our cur-
                                               able part of the tab for their students’                ing for so many borrowers. Under his                   rent student loan system is, and mil-
                                               education, they are extremely unlikely                  plan, tens of millions of people who are               lions of Americans find themselves un-
                                               to feel any pressing need to cut costs                  struggling with student debt will fi-                  fairly bogged down with massive debt,
                                               or to stop tuition hikes. If anything,                  nally see their balances go down, and                  so often through no fault of their own.
                                               colleges might further increase tuition                 millions will have their debt wiped out                  Myself and all six brothers and sis-
                                               and fees.                                               entirely.                                              ters of mine got through college



                                         VerDate Sep 11 2014   23:59 Jun 01, 2023   Jkt 039060   PO 00000   Frm 00003   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.004   S01JNPT1
                                               S1860                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                               thanks to Federal loans and aid pro-                    parents’ paycheck. And in 2023, that                   fundamentally altered should we fail
                                               grams. I know how much of a dif-                        means working- and middle-class fami-                  them today.
                                               ference the President’s plan for debt re-               lies—with a disproportionate burden on                   I yield the floor.
                                               lief will make for people. I know Presi-                communities of color, by the way—                        The PRESIDING OFFICER. The ma-
                                               dent Biden did the right thing here for                 have to risk dangerous levels of debt                  jority whip.
                                               borrowers and for our economy. This is                  just for a chance at achieving their                                     DEBT CEILING
                                               not a handout. It is a hand up that will                American dream.                                          Mr. DURBIN. Mr. President, this is a
                                               benefit everyone.                                         I remember what it felt like filling                 historic day in the annals of the U.S.
                                                  So I urge my colleagues today to                     out financial aid forms and facing the                 Senate because we are faced with a
                                               vote against this resolution that would                 brutal reality that when I was looking                 critical role as to whether we can pass
                                               needlessly hurt millions of hard-work-                  forward to attending the Massachu-                     the bipartisan compromise on spending
                                               ing Americans, and let’s work together                  setts Institute of Technology, the cost                or default on our debt for the first time
                                               then to fix this broken student loan                    of tuition alone was bigger than my                    in history, whether we will fail as a na-
                                               system in this country.                                 dad’s W–2. I was only able to make it                  tion for the first time ever—ever—to
                                                  Mr. President, I yield the floor.                    through because of Pell grants, schol-                 pay our bills.
                                                  I suggest the absence of a quorum.                   arships, work study, and, yes, student                   There is a strange construction in
                                                  The PRESIDING OFFICER. The                           loans, which took years to pay off.                    the law where we can vote in the Sen-
                                               clerk will call the roll.                                 So I know the real weight of student                 ate and in the House for spending, send
                                                  The legislative clerk proceeded to                   debt. And I also know what it is like to               it to the President, who signs it into
                                               call the roll.                                          start thinking ahead to prepare my                     law, go back to our States and districts
                                                  Mr. PADILLA. Mr. President, I ask                    own son’s college education.                           and announce in press conferences that
                                               unanimous consent that the order for                      And as it turns out, President Biden’s               we have millions of dollars coming
                                               the quorum call be rescinded.                           plan is not just good for everybody; I                 home—Federal dollars—back home to
                                                  The PRESIDING OFFICER. Without                       mentioned earlier that it is a part of                 our States and districts and take credit
                                               objection, it is so ordered.                            helping address the racial wealth gap                  for it and then not face the reality that
                                                  Mr. PADILLA. Mr. President, I rise                   in America. One statistic alone, his                   the money appropriated actually adds
                                               in opposition to the harmful CRA reso-                  plan would mean almost half of Latino                  to our national debt.
                                               lution that would cause tens of mil-                    borrowers would see their entire debt                    The debt ceiling is the mortgage of
                                               lions of hard-working Americans to see                  forgiven. That is not just liberating.                 the United States, which needs to be
                                               their monthly budgets get even further                  That is a wise investment for all of us.               expanded as we spend money. So we
                                               squeezed, making it harder to pay their                   The increased relief for Pell grants                 reached a point where we have a dead-
                                               bills or afford basic necessities.                      that is part of the plan would uplift                  line—first June 1 and now June 5—of
                                                  I rise to defend one of the largest ef-              communities of color and cut into the                  doing something in Congress to extend
                                               forts to close the racial wealth gap in                 racial wealth gap in America. Two                      the Nation’s mortgage or default on
                                               our Nation’s history.                                   more statistics that are worth noting:                 that mortgage and debts for the first
                                                  As we debate student debt relief, it                                                                        time in history.
                                                                                                       Almost 71 percent of Black under-
                                               would be remarkably tone deaf for this                                                                           There was a ferocious negotiation
                                                                                                       graduate borrowers and 65 percent of
                                               body to spend an entire debate on the                                                                          that went on for weeks. It was precip-
                                                                                                       Latino students receive this grant.                    itated by the threat of one person on
                                               life-changing student debt forgiveness                    The President’s plan will mean that a
                                               plan without acknowledging who it is                                                                           Capitol Hill, Speaker KEVIN MCCARTHY,
                                                                                                       generation of students would be able to
                                               that is at the decision-making table                                                                           who said: I am willing to risk default-
                                                                                                       begin their careers and build a life                   ing on America’s debt. All the other
                                               and who is not.                                         without the weight of student debt
                                                  Most people consider this body, the                                                                         leaders, including the Republican lead-
                                                                                                       holding them back.                                     er in the Senate and the Democratic
                                               U.S. Senate, as being deliberative.                       In California alone, it would bring re-
                                                                                                                                                              leader, said that is unthinkable; we
                                               Many Members take pride in this being                   lief to over 3.5 million eligible bor-                 would pay a price for that for genera-
                                               the most deliberative body in the                       rowers, an undeniable boost to our                     tions to come. The reputation of the
                                               world. While we may be deliberative,                    economy and to families throughout                     United States, the value of the U.S.
                                               we are clearly far from diverse—at                      the State.                                             dollar would be in danger because of
                                               least far from reflecting the diversity                   Let me underscore something else                     such a careless and reckless act.
                                               of our great Nation.                                    about this CRA. It is not just about                     So negotiation was underway for the
                                                  Most Members of this body are dec-                   what it threatens prospectively. If this               last few weeks; an agreement was
                                               ades removed from when they earned                      program is overturned, if this resolu-                 reached to Speaker MCCARTHY’S satis-
                                               their undergraduate degrees. And many                   tion were to pass, 43 million Federal                  faction; and it passed the U.S. House of
                                               are at least years, if not, years and                   student loan borrowers would have to                   Representatives yesterday.
                                               years removed from even having to sit                   pay back months of payments and in-                      Now it is our turn in the Senate. We
                                               down to plan how they would pay for                     terest that had been relieved, forcing                 have taken a look at this agreement.
                                               their kids’ college education.                          Americans into delinquency or worse:                   First, let me say the premise is this.
                                                  So before we even get into the merits                default.                                               Defaulting on our national debt is un-
                                               of President Biden’s plan to uplift mil-                  Republicans seem determined to pre-                  acceptable, unthinkable. We cannot let
                                               lions of hard-working Americans, I                      vent relief to tens of millions of Ameri-              it occur.
                                               urge my colleagues to step outside the                  cans, despite the fact that 90 percent of                So as painful as some of the decisions
                                               Senate for a moment. Let’s step out-                    the relief would go to those earning                   that will come from this agreement
                                               side the Senate and step into the                       less than $75,000 a year.                              reached, they are virtually, at this
                                               homes of working-class and middle-                        In one fell swoop, it would cause un-                point, inevitable to avoid default on
                                               class families across the country who                   thinkable confusion and chaos for Fed-                 our debt.
                                               see skyrocketing rates of tuition and                   eral student loan borrowers and make                     There is one I want to zero in on be-
                                               wonder if college just isn’t for people                 clear that, once again, Republicans                    cause it means so much to everyone in
                                               like them anymore. Step into the fam-                   view the American dream as a pre-                      this Nation—and most people don’t re-
                                               ily room of parents praying that schol-                 mium and higher education as a lux-                    alize that it has been part of the debate
                                               arships might make a college degree                     ury, only for the wealthiest, only for                 and negotiation in this compromise—
                                               possible for their children or talk to                  those who can afford it.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              and that is the question of America’s
                                               the student who is just as smart, just                    I refuse to accept that fate. I urge my              commitment to medical research.
                                               as hard-working as anybody else but                     colleagues to see the real cost of to-                   The National Institutes of Health is
                                               because of student loans and higher in-                 day’s CRA on working families. I as-                   the preeminent medical research insti-
                                               terest rates, sees the door to higher                   sure you that the real impact won’t                    tution in the world—in the world.
                                               education as closed to them.                            fall on the wealthy families. It will be               When it comes to discovering cures for
                                                  We live in a nation where the dreams                 the working families of California and                 diseases, new medications, it is the Na-
                                               of too many are determined by their                     across the country whose lives will be                 tional Institutes of Health and the



                                         VerDate Sep 11 2014   23:59 Jun 01, 2023   Jkt 039060   PO 00000   Frm 00004   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.005   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                   S1861
                                               Food and Drug Administration which                      lion per year, per prisoner. Florence,                 Bill’s death, year after year after
                                               are charged with that responsibility,                   CO, has a maximum-security prison for                  year—for something to happen.
                                               and we lead the world in research. I am                 the United States of America. To main-                   In March, I received a letter from a
                                               such a fan of this Agency that I can                    tain those prisoners in that maximum-                  young woman named Leila Murphy.
                                               speak for a long time about what they                   security facility is around $30,000 a                  She was 3 years old when her father
                                               are doing.                                              year. When it comes to Guantanamo,                     Brian died on 9/11. For nearly 22 years,
                                                 But suffice it to say, if you or a mem-               maintaining a facility for 30 of these                 Leila Murphy has waited for a trial
                                               ber of your family have a diagnosis                     detainees is costing us $17 million per                that has never come. In her letter to
                                               from a doctor that scares you to death,                 detainee.                                              me, she pleaded with our government
                                               one of your first questions is, Doctor,                   You know who called that a crazy                     to bring this process to an end by se-
                                               is there anything we can do? Is there a                 idea? None other than former President                 curing guilty pleas from defendants in
                                               medicine? Is there a surgery? Is there                  Donald Trump.                                          the 9/11 cases.
                                               anything we can do?                                       For what great purpose are American                    Leila, Colleen, and Ted Olson are not
                                                 Some of us have asked that question                   taxpayers paying more than half a bil-                 alone in calling on the Biden adminis-
                                               and we pray that the answer is yes and                  lion dollars every year to keep Guanta-                tration to finally deliver a shred of jus-
                                               we pray that it leads us back to the                    namo open? Is it to keep America safe,                 tice to the victims of 9/11 and their
                                               NIH and all the work they put in.                       to detain convicted terrorists and                     loved ones through guilty pleas. Just
                                                 So here is what we face with the                      threats to America? Guess again. Be-                   last week, Leila and several of the chil-
                                               budget agreement that passed the                        cause right now, 16 of the 30 remaining                dren and grandchildren of the victims
                                               House, now headed to the Senate. We                     detainees—more than half of them—                      who died on 9/11 wrote to the President.
                                               asked the experts on the budget to tell                 have already been approved for release.                Here is what they said. They implored
                                               us what is going to happen to the budg-                 That means we are wasting hundreds of                  him to salvage ‘‘whatever justice can
                                               et of the National Institutes of                        millions of dollars every year to detain               still be had for the parents and grand-
                                               Health—the preeminent medical Agen-                     men who should have already been re-                   parents we lost . . . [do] not let [this]
                                               cy in the world—as a result of Speaker                  leased. What is more, there are 10 other               drag on any longer,’’ these survivors
                                               MCCARTHY’S demand that we cut                           detainees who are still awaiting trials                begged.
                                               spending. What will happen is this. We                  in the facility’s dysfunctional military                 The signers in that letter included
                                               face this prospect almost with cer-                     commissions.                                           three daughters of New York fire-
                                               tainty. We are going to see a cut in the                  How can we possibly explain to the                   fighter Douglas Miller. He was among
                                               NIH spending for the first time in 10                   world—let alone to our own citizens—                   the more than 340 firefighters in New
                                               years. For 10 years, we have consist-                   that we have detained people for over                  York who were killed when the towers
                                               ently increased research funds, and                     20 years and never charged them with a                 collapsed. If you have seen the pro-
                                               they paid off. Finding that vaccine for                 crime? The trial against five men                      grams dedicated to these men and
                                               COVID as quickly as we did was no ac-                   charged in relation to 9/11 has not even               women, you cannot forget the bravery
                                               cident. It was planned through medical                  begun, more than 2 decades since the                   they demonstrated that day.
                                                                                                                                                                At the time of Mr. Miller’s death, his
                                               research. And it saved so many thou-                    attack on the United States.
                                                                                                                                                              daughters were just children. His first-
                                               sands of lives here in the United States                  And those who follow the military
                                                                                                                                                              born Elizabeth was 7; Rachel was 6;
                                               and beyond.                                             commissions the closest can tell you
                                                                                                                                                              Katie was 4. He and his wife Laurie had
                                                 So here we face, for the first time in                that these trials, let alone any convic-
                                                                                                                                                              been sweethearts since high school. In
                                               10 years, a cut in the budget of the Na-                tions that might come down on appeal,
                                                                                                                                                              their letter, Mr. Miller’s daughters and
                                               tional Institutes of Health. How much                   are nowhere in sight. There is not even
                                                                                                                                                              other signers expressed how hopeful
                                               of a cut? At least $500 million—$500                    a plan.
                                                                                                                                                              they felt last year when the 9/11 pros-
                                               million.                                                  Former Bush administration Solic-
                                                                                                                                                              ecution team began negotiations to fi-
                                                 And I stepped back, and I thought to                  itor General Ted Olson has a special
                                                                                                                                                              nally obtain guilty pleas from defend-
                                               myself, you mean, we are going to cut                   level of expertise and interest in this
                                                                                                                                                              ants. They considered it a break-
                                               medical research? That was Speaker                      issue. Ted also was chosen by the Bush
                                                                                                                                                              through that would finally bring clo-
                                               MCCARTHY’S idea of fiscal conserv-                      administration to argue their cases be-
                                                                                                                                                              sure; that would finally provide an-
                                               atism? That, to me, is mindless. It may                 fore the Supreme Court. He is a re-
                                                                                                                                                              swers they had sought for more than 20
                                               have some political goal in mind, and I                 spected lawyer in Washington, DC.
                                                                                                                                                              years.
                                               don’t know what it might be, but to                     Sadly, on 9/11, 2001, Ted Olson’s wife                   But their hopes were crushed when
                                               cut that makes no sense.                                died when a plane crashed into the                     the prosecution team recently indi-
                                                 And let me suggest that my col-                       Pentagon. She was a passenger. So he                   cated they are now going to start to
                                               leagues want to cut wasteful spending                   has a special interest in this matter                  open the pretrial litigation again. That
                                               in Federal Government, and there is                     and a special level of expertise.                      was devastating news for these chil-
                                               plenty of it. I know one obvious place                    Here is what he wrote about the idea                 dren, like Mr. Miller’s daughters. In
                                               to start. This projected cut of $500 mil-               of trials by military commissions of                   their letter, they wrote:
                                               lion happens to match almost exactly                    detainees at Guantanamo. He said they                    The thought of going back to endless
                                               the amount of money we waste each                       were ‘‘doomed from the start.’’ He is                  courtroom proceedings, when more than 10
                                               year maintaining an offshore military                   calling for the Biden administration to                years of litigation did not lead to trial, is
                                               prison that only serves to violate our                  negotiate guilty pleas with all the 9/11               painful.
                                               fundamental values and undermine the                    defendants. To state the obvious, we                     Returning to pretrial purgatory will
                                               rule of law. You probably know what I                   are failing the victims of 9/11 and their              not deliver justice to the loved ones
                                               am referring to: Guantanamo. In the 21                  families by continuing the Guanta-                     that lost the people that they cared for
                                               years since Guantanamo first opened,                    namo charade. These military commis-                   so much. The only way to do this is by
                                               American taxpayers have wasted more                     sions, which were supposed to be the                   securing guilty pleas in the 9/11 cases.
                                               the $7 billion on that facility—$7 bil-                 court of law trying the detainees, have                  And let’s be honest, this will not be
                                               lion. This $7 billion monument to bu-                   not or are unlikely to ever deliver jus-               the full measure of justice these fami-
                                               reaucracy and failed policy costs us                    tice.                                                  lies deserve. Sadly—sadly—this is no
                                               $500 million a year to maintain now,                      In December of 2021, I chaired a hear-               longer possible. Because these families
                                               the same amount we are cutting from                     ing in the Senate Judiciary Committee                  were robbed of true justice when the
                                               medical research to maintain Guanta-                    on Guantanamo. One of our witnesses




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              administration at the time decided to
                                               namo Bay.                                               was Colleen Kelly, a nurse practitioner                torture and abuse detainees in our Na-
                                                 You say to yourself, well, if it keeps                from the Bronx, mother of three. She                   tion’s custody and throw them into an
                                               us safe, it is worth it. How many de-                   testified about losing her younger                     untested legal black hole rather than
                                               tainees are being held by the United                    brother Bill on 9/11. He was in the                    trusting America’s time-honored sys-
                                               States of America today at the Guan-                    North Tower when the first plane                       tem of justice.
                                               tanamo facility? Thirty. Thirty for $500                crashed. Colleen described the pain of                   As Ted Olson wrote a few months
                                               million a year. That is almost $17 mil-                 waiting—waiting almost 20 years after                  ago:



                                         VerDate Sep 11 2014   23:59 Jun 01, 2023   Jkt 039060   PO 00000   Frm 00005   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.007   S01JNPT1
                                               S1862                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                                 Nothing will bring back the thousands                   For a moment, I would like to focus                    The PRESIDING OFFICER. Without
                                               whose lives were so cruelly taken that Sep-             on the impact this resolution has on                   objection, it is so ordered.
                                               tember day. But we must face reality and                them, because for these public service                                   DEBT CEILING
                                               bring this process to an end. The American
                                               legal system must move on by closing the
                                                                                                       employees, $233 can mean the dif-                         Mr. GRAHAM. Mr. President, Sen-
                                               book on the military commissions and secur-             ference between making it to the end                   ator COTTON will be here in a second. A
                                               ing guilty pleas.                                       of the month or not. Make no mistake.                  group of us are going to speak about
                                                 The Biden administration must com-                    Repealing this relief especially hurts                 this budget deal.
                                               plete the interagency process to review                 public sector workers all across the                      If you believe that the No. 1 job of
                                               the terms of the plea deals without fur-                country—the very people who go to                      the Federal Government is to defend
                                               ther delay. Securing guilty pleas from                  work every day to care for us, protect                 this Nation, then we have made a seri-
                                               the detainees who had been charged                      us, educate our kids and keep us safe.                 ous mistake in this bill.
                                               with a crime will bring us one step                       Is this body really trying to claw                      I have heard House leaders suggest
                                               closer to ending the shameful chapter                   back benefits from thousands of every-                 this bill fully funds the military. For
                                               of Guantanamo.                                          day heroes in our communities? Is this                 that to be true, you would have to be-
                                                 These men will then serve out their                   really what my colleagues set out to                   lieve that the military is OK if you cut
                                               sentences—some for the rest of their                    do?                                                    their budget $42 billion below inflation.
                                               lives.                                                    For years, the Public Service Loan                   The party of Ronald Reagan would
                                                 When it comes to the detainees who                    Forgiveness program has enjoyed bi-                    never allow inflation to reduce defense
                                               had not been charged, they should be                    partisan support because it is essential               capabilities.
                                               released. That means the State Depart-                  to the promise of America. After all, if                  This bill, the top-line number, locks
                                               ment must find countries who will take                  you take out loans in support of an                    in fewer ships for the Navy at a time
                                               the 16 men for the approved transfer. It                education for a career benefiting oth-                 China is going to expand dramatically.
                                               is not an easy assignment, but it is one                ers, then you deserve to see your bal-                 In 2024 and 2025, we are going to cap
                                               that is inevitable.                                     ance forgiven after 120 payments or 10                 spending at a level that we cannot ex-
                                                 The United States is a Nation of                      years, as outlined under the law.                      pand the Navy, and in the same period
                                               laws. When we indefinitely detain peo-                    For many individuals, the economic                   of time, China is going to go from 310
                                               ple who have never been charged with a                  challenges of COVID and the reforms                    ships over a 10-year period to 440. There
                                               crime and who have been deemed safe                     that occurred as a result were the first               is less money for the Marines, less
                                               to release, we are betraying our own                    time that they were able to enjoy the                  money for the Army, and fewer ships
                                               basic constitutional values. And auto-                  program’s benefits. This harmful pro-                  for the Navy at a time of great con-
                                               crats abroad point to the history of                    posal erases that progress and, once                   flict.
                                               abuse and detention without charge or                   again, imposes the burden of debt on                      There is not a penny in this bill to
                                               trial to justify their own human rights                 hard-working teachers, nurses, police                  help Ukraine defeat Putin. They are
                                               abuses. If you want to stand for liberty                officers, and firefighters. This proposal              going on the offensive as I speak, and
                                               and the rule of law, be honest with the                 is a slap in the face to them and to                   we need to send a clear message to
                                               American people.                                        their shot at the American dream—full                  Putin: When it comes to your invasion
                                                 Guantanamo Bay is a blight on our                     stop.                                                  of Ukraine, we are going to support the
                                               national conscience, and it has been for                  It is a slap in the face for Public                  Ukrainians to ensure your loss.
                                               a long period of time. It is time for us                Service Loan Forgiveness borrowers                        If we don’t do that, then we are going
                                               to accept reality. It is not only a                     and for the full universe of Americans                 to snatch defeat out of the jaws of vic-
                                               waste—tremendous waste—of taxpayer                      who stand to benefit from student loan                 tory.
                                               dollars, but it is an injustice that must               relief, which is why I encourage all of                   Senator COTTON—I am going to yield
                                               end.                                                    my colleagues to ask themselves: Is                    to him. He has a time problem. But we
                                                 I yield the floor.                                    this vote—this misguided proposal—the                  are going to take some time here to ex-
                                                 The PRESIDING OFFICER. The Sen-                       kind of message you feel proud to send?                plain to you why those of us who be-
                                               ator from New Jersey.                                   When the history books are written                     lieve that the No. 1 job of the Federal
                                                                   H.J. RES. 45                        about this moment in time, do you                      Government is to defend the Nation—
                                                 Mr. MENENDEZ. Mr. President, I                        want to stand on the side of the 43 mil-               that that concept has been abandoned
                                               come to the floor today in opposition                   lion Americans who have played by the                  and that we are going to insist and
                                               to a cruel and misguided attack on mil-                 rules and stand to benefit from long                   fight until we find a way to rectify
                                               lions of student loan borrowers in New                  overdue student loan forgiveness, or do                some of this harm. OK.
                                               Jersey and across the country. I under-                 you want to stand on the side of those                    With that, I will yield to my good
                                               stand that some of my colleagues are                    who punish hard-working Americans                      friend from Mississippi.
                                               intent    on    overturning    President                for trying to get ahead? That, to me, is                  The PRESIDING OFFICER. The Sen-
                                               Biden’s signature policies no matter                    the stark moral decision that is before                ator from Mississippi.
                                               the cost or the consequence. But to                     this Chamber.                                             Mr. WICKER. I can assure my friend
                                               overturn his landmark student debt re-                    With your vote, you can choose to                    from South Carolina that when Sen-
                                               lief program just to score political                    support the borrowers you represent by                 ator COTTON reaches the floor, I will
                                               points, to force borrowers to pay back                  rejecting this plan, or you can blind-                 yield to him because he is time-con-
                                               their loans with interest and stick it to               side them, rolling back nearly 8                       strained.
                                               the administration, well, that, to me,                  months of interest benefits they have                     What I want to say is what I have
                                               is just cruelty for the sake of cruelty.                earned and deserve.                                    been saying all along this year since
                                                 How else can you describe a proposal                    In no uncertain terms, this resolu-                  the Biden budget came out. The world
                                               that would strip away one of the most                   tion increases the yoke of student loan                is in the most dangerous situation we
                                               important economic lifelines borrowers                  debt and sets up borrowers to fail. That               have seen since World War II, and this
                                               have relied on? Other than cruel, what                  is not something that I want to vote                   Biden budget, which is now enshrined
                                               else can you call a resolution that rips                for, and it is not something that any                  in this debt ceiling bill, is woefully in-
                                               away benefits for up to 43 million                      Member of this Chamber should want                     adequate. It amounts to a cut in de-
                                               Americans who stand to benefit from                     to vote for. I urge my colleagues to                   fense capability. It sounds like an in-
                                               President Biden’s relief plan?                          vote no.                                               crease. You can call it an increase. But
                                                 I remind my colleagues that the                                                                              inflation is running at 7 percent, and so




SSpencer on DSK126QN23PROD with SENATE
                                                                                                         I suggest the absence of a quorum.
                                               pause on student loan repayments has                      The PRESIDING OFFICER. The                           we will have to increase defense spend-
                                               saved borrowers an average of over $233                 clerk will call the roll.                              ing by that much simply to keep up
                                               per month, an amount that is particu-                     The legislative clerk proceeded to                   with what we did last year, and we
                                               larly crucial for our Nation’s teachers,                call the roll.                                         would have to increase by several bil-
                                               nurses, police officers, and firefighters                 Mr. GRAHAM. Mr. President, I ask                     lions more in order to give us the capa-
                                               who rely on the Public Service Loan                     unanimous consent that the order for                   bility we need to prevent war in the
                                               Forgiveness program.                                    the quorum call be rescinded.                          Pacific. So I just have to say that the



                                         VerDate Sep 11 2014   23:59 Jun 01, 2023   Jkt 039060   PO 00000   Frm 00006   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.010   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                S1863
                                               fact that this is being called a victory                eral Government’s budget in per-                       8 percent. The United States reduced
                                               by some people on our side of the aisle                 petuity. But, again, I sympathize with                 our real spending by over 3 percent,
                                               is absolutely inaccurate.                               the Speaker’s constraints of a small                   and this bill, as I have said, would only
                                                 Pundits around the country have                       House majority and negotiating with a                  make matters worse.
                                               called this budget amount inadequate,                   Democratic Party that seems to                           For years, Washington has gotten de-
                                               and now, for some reason, because it is                 prioritize welfare for grown men who                   fense spending backward. The budget
                                               part of an agreement the Speaker has                    won’t work over our military.                          shouldn’t shape our defense needs. In-
                                               made, it is being applauded. The num-                     As I have noted, there are some vic-                 deed, it cannot shape our defense
                                               bers don’t lie.                                         tories in this bill, and it prevents de-               needs. Our defense needs have to shape
                                                 I will tell you this. I will say this to              fault.                                                 our budget.
                                               my friends. We have 3 or 4 years to get                   Unfortunately, this bill poses a mor-                  China doesn’t become less aggressive
                                               ready for the time when Xi Jinping,                     tal risk to our national security by                   or Russia less revanchist or Iran less
                                               the dictator President-for-life in com-                 cutting our defense budget, which I                    extreme because our military has
                                               munist China, says he wants to be                       cannot support, as grave dangers gath-                 shrunk. In fact, the opposite is true;
                                               ready for a war against the United                      er on the horizon.                                     they grow more ambitious and dan-
                                               States, a war to take over the island of                  The bill’s supporters contend that it                gerous.
                                               Taiwan.                                                 raises defense spending by 3.2 percent                   The defense budget should rise and
                                                 The decisions we make today can be                    compared to last year. That is true at                 fall with the dangers confronting our
                                               implemented—if we have the resolve to                   face value, but inflation was 6 percent                Nation, and I do not believe those dan-
                                               do them—by 2027, but we need to make                    last year. When you get a 3-percent                    gers are receding. Who here believes
                                               those decisions this year. We don’t                     raise but prices go up by 6 percent,                   the world here is safer or more stable
                                               need to put them off until next year,                   even a small child could tell you that                 than it was a year ago or 2 years ago?
                                               and we certainly don’t need to say we                   your money won’t go as far and your                    On the contrary, America is in greater
                                               are going to go with the Biden cuts in                  family will have to tighten their belt.                danger than at any time in my life.
                                               readiness and do 1 percent more next                    And it gets worse next year, when the                  Iran is rushing toward a nuclear bomb;
                                               year. That is woefully inadequate.                      defense budget will grow by only 1 per-                Russia has unleashed the largest Euro-
                                                 Let me say this before I yield to my                  cent. Who thinks Joe Biden will get in-                pean invasion since the Second World
                                               friend from Alaska. It is easy to hide in               flation to prepandemic levels? Even if                 War; and China is plotting the con-
                                               the budget—one sentence, and then I                     he did, inflation would grow at least                  quest of Taiwan. Our military stock-
                                               will yield to my friend from Arkansas.                  twice as fast as the defense budget,                   piles are depleted and our defense sup-
                                                 It is easy to hide inadequacies in a                  causing even more real cuts to defense.                ply chains are broken or strained. At
                                               defense budget. People still get their                    Worst of all, this bill contains an                  the same time, our border defenses
                                               Social Security checks. They still get                  automatic 1 percent sequester based off                have effectively collapsed, and cartel
                                               their paychecks. When it comes home                     last year’s budget. That means that do-                members, criminal aliens, and possibly
                                               to roost for us is when a conflict                      mestic spending will go up, and defense                even terrorists are pouring into our
                                               breaks out.                                             spending will go down if the sequester                 country. We need a military to match
                                                 We weren’t ready for World War II,                    kicks in. Let me repeat that. If the se-               this perilous moment. After all, pro-
                                               and when the flag went up and we were                   quester takes effect, Democrats will                   tecting the safety and security of our
                                               in a war, suddenly we were way, way                     get more welfare spending, while de-                   people is our first and most funda-
                                               behind. We were ready under President                   fense gets cut. Who thinks the Demo-                   mental responsibility.
                                               Reagan, and we had peace under Presi-                   cratic leader will be dissatisfied with                  We cannot shortchange the military
                                               dent Reagan. When we are ready, we                      this result? More to the point, who                    today without grave risks tomorrow.
                                               have the ability to avoid conflict, and                 thinks he won’t use the threat of se-                  The weapons we buy this year will be
                                               this budget simply does not do that.                    quester to extort even higher levels of                the ones we field in 2027, the time by
                                                 I will yield the floor and let my                     welfare spending?                                      which China will be at its greatest rel-
                                               friend from Arkansas seek recognition.                    These three provisions—a cut this                    ative strength compared to the United
                                                 The PRESIDING OFFICER. The Sen-                       year in real dollars, a worse cut in real              States and when war is most likely.
                                               ator from Arkansas.                                     dollars for 2025, and the automatic se-                  Now, I know that holding firm on de-
                                                 Mr. COTTON. Mr. President, after                      quester based on last year’s spending                  fense priorities isn’t always easy. As I
                                               weeks of negotiating with an obstinate                  bills—conspire to threaten devastating                 said, there are parts of this bill that I
                                               and capricious President, the House of                  cuts to the defense budget at a time                   support, but I cannot support the bill
                                               Representatives passed legislation yes-                 when we can least afford it.                           because it does not adequately fund our
                                               terday raising the debt ceiling and es-                   The bipartisan National Defense                      military given the threats we face.
                                               tablishing budget caps for the next 2                   Strategy Commission Report rec-                          Supporters of the bill contend that
                                               years. Both Democrats and Repub-                        ommends a real increase to defense                     the situation isn’t as bad as I make it
                                               licans compromised in these negotia-                    spending of between 3 and 5 percent an-                out to be. Their arguments don’t hold
                                               tions, and, like every piece of com-                    nually over inflation. This bill would                 up under scrutiny. Some claim that we
                                               promise legislation, there are good                     cut real spending by more than 5 per-                  could still get more defense funding
                                               parts and bad parts of this bill.                       cent in 2 years, effectively slashing                  through a supplemental bill or some
                                                 I want to commend Speaker MCCAR-                      tens of billions of dollars from defense.              other backdoor funding mechanism.
                                               THY for a number of commonsense vic-                      How bad is this defense gap? If we                   But these same hollow promises were
                                               tories. This bill improves the environ-                 continued our recent bipartisan custom                 made when Congress passed the Budget
                                               mental review process for infrastruc-                   of increasing the defense budget from                  Control Act of 2011, which devastated
                                               ture projects, cuts funding for Presi-                  President Biden’s irresponsible budget                 our military under President Obama. I
                                               dent Biden’s army of IRS agents, and                    proposals, we could afford four addi-                  ran for the Senate, in part, to reverse
                                               saves American taxpayers tens of bil-                   tional Ford-class aircraft carriers, 500               that disaster, and I won’t vote for a
                                               lions of dollars by clawing back unused                 F–35 fighter jets, more than 91,000                    new disaster with the same promises.
                                               COVID funds.                                            Stinger missiles, or half a million Jav-                 And as I have explained, the seques-
                                                 Now, the bill doesn’t go as far as I                  elin anti-tank missiles—all vital to our               ter in this bill actually produces more
                                               might like. It reduces domestic spend-                  defense and to the defense of Ukraine                  domestic spending than the bill’s core
                                               ing to last year’s levels, which is better              and Taiwan.                                            provisions, which encourages irrespon-




SSpencer on DSK126QN23PROD with SENATE
                                               than even more spending and taxes, as                     While we surrender our lead and                      sible Democrats to trigger sequester.
                                               the Democrats proposed, but I think                     erode our military edge our enemies                      Others have claimed that we can find
                                               domestic spending could return to                       are catching up. Last year, Russia in-                 efficiencies in the Pentagon to make
                                               prepandemic levels. COVID emergency                     creased its real military spending over                up the difference. I don’t disagree that
                                               legislation was just that—an emer-                      inflation by 1 percent; China increased                there is fat to trim in some places in
                                               gency compelled by Chinese com-                         its real spending by over 6 percent; and               our military, but no serious person
                                               munist lies. It shouldn’t reset the Fed-                Iran increased its real spending by over               thinks that it is enough to make up for



                                         VerDate Sep 11 2014   23:59 Jun 01, 2023   Jkt 039060   PO 00000   Frm 00007   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.011   S01JNPT1
                                               S1864                                             CONGRESSIONAL RECORD — SENATE                                                        June 1, 2023
                                               tens of billions of dollars in cuts. More-                 To the Speaker, I know you have got                   The PRESIDING OFFICER. Without
                                               over, this claim assumes the Biden ad-                  a tough job. I like you, but the party of              objection, it is so ordered.
                                               ministration will put our readiness                     Ronald Reagan is dying. Don’t tell me                    Mr. SULLIVAN. Mr. President, I
                                               ahead of social engineering. Color me                   that a defense budget that is $42 billion              think my colleagues are making the
                                               skeptical on that one when they start                   below inflation fully funds the mili-                  really important point of the national
                                               looking for efficiencies.                               tary.                                                  security implications of the bill that
                                                  Still, other supporters have shrugged                   Don’t tell me that we can confront                  we are looking at and voting on. And I
                                               and deployed the commonly used but                      and challenge China. Everybody in this                 agree with what my colleagues have al-
                                               rarely persuasive argument that the                     body is patting themselves on the back                 ready said. Speaker MCCARTHY had a
                                               bill may be bad, but there is no alter-                 that we see China as the most existen-                 difficult job. I think there is a lot in
                                               native, and it is too late anyway. But                  tial threat to America. You are right.                 this debt agreement that is important,
                                               it was and it remains our job to craft                  We did the CHIPS Act. We are doing                     that is positive. But the one thing we
                                               an alternative.                                         things to help our economy combat                      are not doing here—and, by the way, it
                                                  We hear a lot that things that add                   China. At the moment of decision when                  is the most important thing we do as
                                               votes to these big bills get in and                     it came to the military, this budget is                U.S. Senators—is have a strategy for
                                               things that subtract votes don’t.                       a win for China. Please don’t go home                  the national defense of our Nation dur-
                                               Again, we know, from recent experi-                     and say this is fully funded because it                ing an incredibly dangerous time glob-
                                               ence the last two National Defense Au-                  is not. Please stop talking about con-                 ally. We are not doing that.
                                               thorization Acts, that a higher defense                 fronting China when you are disman-                      We need a strategy. Already, my
                                               number gets nearly 400 votes in the                     tling the American Navy.                               good friend from South Carolina men-
                                               House and more than 80 votes in the                        How does this end? Senator COTTON is                tioned some ideas. I am going to touch
                                               Senate. The first thing—the first                       right. We will be here until Tuesday,                  on those, but let’s just reiterate. The
                                               thing—that should have been settled in                  until I get commitments that we are                    Presiding Officer sits on the Armed
                                               these negotiations was a larger defense                 going to rectify some of these prob-                   Services Committee. Many of us do. We
                                               budget. Democrats have no argument                      lems. The ranking member of the Ap-                    get witness after witness, including the
                                               against that recent history, and it is                  propriations Committee, SUSAN COL-                     Chairman of the Joint Chiefs and the
                                               indisputable that increases to Joe                      LINS, has been steadfastly in the camp                 Secretary of Defense, saying this is the
                                               Biden’s defense budgets garner large bi-                of fiscal responsibility and national se-              most dangerous time since any period
                                               partisan majorities in the House and                    curity. This deal has taken the Appro-                 in history since World War II. That is
                                               the Senate.                                             priations Committee out of the game.                   the consensus. Not a lot of people
                                                  So why wasn’t it the first thing set-                   The CR, which kicks in, cuts defense                would disagree with that. Authori-
                                               tled? I don’t know, but the result is                   and increases nondefense, making it                    tarian dictators, with an immense ap-
                                               that a Congress with a Republican                       really hard for me to believe that we                  petite for conquest, are on the march,
                                               House and a Democratic Senate have                      are actually going to do our appropria-                and yet what does this budget agree-
                                               now produced a defense budget worse in                  tions job.                                             ment do? It cuts defense spending sig-
                                               real terms than either defense budget                      So what I want to do is, I want a                   nificantly, as already mentioned.
                                               produced by a unified Democratic Con-                   commitment from the leaders of this                      Now, some people will say: Well, look
                                               gress. I cannot vote for that curious re-               body that we are not pulling the plug                  at the top line. We never had a higher
                                               sult. If it takes a short-term increase                 on Ukraine. There is not a penny in                    top line—$800-plus billion. As the Pre-
                                               in the debt ceiling to go back to the                   this bill for future efforts to help                   siding Officer knows, the actual real
                                               drawing board, so be it.                                Ukraine defeat Russia, and they are                    measure of how serious we are as a
                                                  Before we vote, I would also ask all                 going to gain on the battlefield in the                country isn’t the top line. Because of
                                               my fellow Senators a simple question:                   coming days.                                           inflation over the years it is hard to
                                               Do you feel more safe or less safe than                    And it is just not about Ukraine. I                 compare.
                                               you did a year ago? If you feel more                    want a commitment that we will have                      The real measure of how serious we
                                               safe, by all means, vote to slash our de-               a supplemental to make us better able                  are, in terms of what we are putting to-
                                               fense budget. But if not—and in your                    to deal with China. I want a commit-                   ward defense—what the No. 1 priority
                                               heart of hearts you know you don’t—                     ment that we are not going to weaken                   of the U.S. Congress should be, in my
                                               join me in demanding that we do what                    our position in the Mideast. There is a                view—is what percentage of our na-
                                               it takes to protect our Nation.                         report out today that Iran is planning                 tional wealth we are dedicating to de-
                                                  I yield the floor.                                   to attack our troops in Syria to drive                 fense. This budget will take us, in the
                                                  The PRESIDING OFFICER (Mr.                           us out.                                                next 2 years, with the cut this year, an
                                               KING). The Senator from South Caro-                        We are expending weapons that need                  inflation-adjusted cut of 4 to 5 percent,
                                               lina.                                                   to be replenished. Our military is                     and a nominal increase next year of 1
                                                  Mr. GRAHAM. I just want to com-                      weakening by the day. This budget                      percent, which would be about a 5- to 6-
                                               pliment Senator COTTON for reminding                    that we are about to pass makes every                  percent cut—it will take us below the 3
                                               us what the job in Congress is, defend-                 problem worse.                                         percent of GDP number for defense for
                                               ing the Nation, and the odd outcome                        I want to end the war in Ukraine by                 the first time since 1999, during the
                                               here is that at a time of growing con-                  defeating Putin. If you don’t, he keeps                peace dividend era of the Clinton ad-
                                               flict, we are reducing the Navy.                        going and we are going to have a con-                  ministration. So we will be below 3 per-
                                                  There are 296 ships in the Navy                      flict between NATO and Russia and our                  cent of GDP.
                                               today. Under this budget, by 2025, there                troops will be involved. And if you                      When you look at different periods of
                                               will be 286. If we continue with the                    don’t send a clear signal now, China                   American history, the Korean war, we
                                               Biden budget, there will be 290. The                    will see this as an opportunity to leap                were at almost 15 percent; Vietnam, 8
                                               Chinese Navy today is 340. By 2025,                     into Taiwan.                                           percent; Cold War Reagan buildup, al-
                                               they will have 400, and by 2030 they will                  So to the Members of this body, we                  most 6 percent; Iraq, Afghanistan, War
                                               have 440. This budget locks in a smaller                are staying here as long as it takes to                on Terror, 4.5 percent, we are going to
                                               U.S. Navy at a time the Chinese Navy                    get some commitment that we are                        be going below 3 percent. It hasn’t hap-
                                               is growing dramatically.                                going to reverse this debacle sooner                   pened since 1999, and before that it has
                                                  There is not a penny in this budget to               rather than later.                                     almost never happened in the history
                                               help beat Putin. The Navy is smaller.                      With that, I will yield to my good                  of the country, at least in the 20th cen-




SSpencer on DSK126QN23PROD with SENATE
                                               The Army is smaller. The Marine Corps                   friend from Alaska.                                    tury.
                                               is smaller. This is not a threat-based                     The PRESIDING OFFICER. The Sen-                       Here is the most important point: In
                                               budget. This is a budget of political                   ator from Alaska.                                      1999, the threats to our Nation weren’t
                                               compromise where people have lost                          Mr. SULLIVAN. Mr. President, I ask                  nearly as dramatic and serious as they
                                               sight of what the country needs.                        unanimous consent for 10 minutes for                   are today, and nobody disagrees with
                                                  We need safety and security.                         my remarks as well as 10 minutes for                   that.
                                                  To my House colleagues, I can’t be-                  Senator WICKER and Senator COLLINS’                      So what this budget does is it just ac-
                                               lieve you did this.                                     remarks before the vote.                               cepts the Biden defense budget, which,



                                         VerDate Sep 11 2014   23:59 Jun 01, 2023   Jkt 039060   PO 00000   Frm 00008   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.013   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                 S1865
                                               as Senator GRAHAM has already men-                      fied. They told me no. They came out                   order to raise the debt limit, part of it
                                               tioned, shrinks the Army, shrinks the                   and said the real Chinese budget, in                   has a series of conditions with regard
                                               Navy, shrinks the Marine Corps. That                    terms of the military, is probably close               to what happens to the dollars that it
                                               is what it does: less ships, not more                   to about $700 billion. That is a big                   takes to actually defend our country
                                               ships; smaller number of soldiers and                   budget. As Senator COTTON mentioned,                   for the next 2 years. We want to be able
                                               marines, not more. So accepting the                     they are increasing in real terms 6, 7, 8              to raise the debt limit—we recognize
                                               Biden defense budget is actually some-                  percent—cranking out ships, cranking                   that—but we also have to address the
                                               thing new during the Biden administra-                  out fifth-generation aircraft.                         need for the defense of our country.
                                               tion.                                                     And we are going to cut the budget                     Why should we, as a part of the nego-
                                                 What do I mean by that? As Senator                    this year and dramatically cut it next                 tiation, be required to look at a reduc-
                                               COTTON mentioned, the last two pre-                     year and go under 3 percent of the GDP                 tion—a reduction—in the amount of
                                               vious Biden budgets came in, in anemic                  in one of the most dangerous times                     dollars necessary for our young men
                                               numbers, and in a bipartisan way—a                      since the end of World War II?                         and women to be able to defend our
                                               strong bipartisan way, by the way—                        As Senator COTTON also mentioned,                    country?
                                               Democrats and Republicans signifi-                      the National Defense Strategy Com-                       Within the provisions of this bill,
                                               cantly plussed-up those budget num-                     mission, which the Congress authorized                 there is a reduction of up to 1 percent
                                               bers. Last year, it was a $45 billion in-               a number of years ago to look at the                   of the existing budget if we don’t do an
                                               crease to the weak Biden budget on the                  serious national security threats facing               appropriations process. Yet, in order to
                                               Armed Services Committee that every                     our country, came back to the Armed                    do the appropriations process, we have
                                               single Senator on the committee voted                   Services Committee 2 years ago and                     to have 12 separate bills. The 12 sepa-
                                               for, except one. That is about as bipar-                said: What we need to do to address                    rate bills all have to be passed. Now,
                                               tisan as you can get. The year before,                  these serious national security chal-                  the U.S. Senate is not known for nec-
                                               it was a $25 billion plus-up. And as                    lenges from China, from Russia, from                   essarily doing anything on time. Yet
                                               many people know, we were already                       Iran is to have 3 to 5 percent real                    here we come up to the end of the fiscal
                                               discussing, in a bipartisan way on the                  GDP—or real growth—on the defense                      year in October, and we haven’t seen
                                               Armed Services Committee, another                       budget.                                                appropriations bills on the floor yet.
                                                                                                         That was broadly accepted by Demo-                     What we need to be able to do, rather
                                               significant plus-up to this Biden budg-
                                                                                                       crats and Republicans. As a matter of                  than to have a 1-percent reduction in
                                               et. So Democrats and Republicans
                                                                                                       fact, I think one of the members of                    defense, is to have an agreement that
                                               knew it was weak and not sufficient to
                                                                                                       that national security commission is                   we will at least allow the appropria-
                                               meet the challenges of today.
                                                 But what happened? The music                          now the Deputy Secretary of Defense                    tions bills to go from the Appropria-
                                                                                                       in the Biden administration.                           tions Committee to the floor of the
                                               stopped, and now all of a sudden we are
                                                                                                         But we are not even close. We are
                                               accepting the Biden budget. I know                                                                             Senate so that we can address them up
                                                                                                       going backward.
                                               Democrat Senators who think that is                       Then Senator GRAHAM’s point about                    or down, with the appropriate amend-
                                               wrong. They think that is wrong.                        a supplemental to get Leader SCHUMER                   ments on them, and have a full discus-
                                                 One amendment I am going to offer,                    and the President to say ‘‘we are going                sion but do it in a timely fashion.
                                               as we are debating this, is to do some-                 to have a supplemental for deterring                     So, No. 1, let’s address the debt limit,
                                               thing very simple. It is to look at the                 authoritarian aggression’’ is going to                 but let’s not penalize our ability to de-
                                               Biden Pentagon’s priority list—their                    be critical. I would say the vast major-               fend our country—or, perhaps, more
                                               unfunded priority list—that this Presi-                 ity of my colleagues here—Democrats                    appropriately say, let’s not limit the
                                               dent and his Secretary of Defense put                   and Republicans—would support that.                    ability of our young men and women in
                                               forward. It is $18 billion, which the                   We need a serious, robust defense budg-                uniform to defend our country.
                                               Armed Services Committee, in a bipar-                                                                            My colleagues have done a great job
                                                                                                       et to deter war. If the young men and
                                               tisan way, was already getting ready to                                                                        of explaining what happens here if we
                                                                                                       women who volunteer to serve in our
                                               agree to move forward and fund. I am                                                                           don’t do our job correctly with regard
                                                                                                       military are asked to go fight a war,
                                               going to ask my colleagues to fund it.                                                                         to this particular bill. No. 1, if we go to
                                                                                                       we need a strong budget so that they
                                               At a minimum, let’s fund it. We are not                                                                        a continuing resolution, our defense
                                                                                                       can come home victorious and not
                                               going to bust out of the top line of this                                                                      budget goes down; but, No. 2, under the
                                                                                                       come home in body bags.
                                               agreement. We will just take that $18.4                   This is deadly serious business, and                 provisions of this bill, the nondefense
                                               billion and move it from the $80 billion                we are not putting enough attention to                 portions of this budget could actually
                                               IRS account and put it to the Pen-                      it. It is one of the No. 1 things in the               go up. So there is an incentive—an un-
                                               tagon. It is pretty simple. It should be                U.S. Constitution: that we need to pro-                fair incentive—built into this to spend
                                               100 to 0.                                               vide for the common defense, to raise                  more on domestic programs and to
                                                 Do we want more Navy ships, more                      and support an Army, and to provide                    spend less to defend our country, which
                                               marines, or more IRS agents during                      and maintain a Navy. That is our job,                  is our primary responsibility.
                                               this very dangerous time? I think the                   and we are not doing it. With this                       How do we fix it at this late stage of
                                               answer is pretty clear. I think the                     budget, this rushed budget, we need to                 the game?
                                               American people know the answer.                                                                                 No. 1, there are supplementals that
                                                                                                       get serious, and, hopefully, in the next
                                                 Senator COTTON already mentioned                                                                             are absolutely necessary. We have ag-
                                                                                                       few days, we can do that as we debate
                                               this idea that the Speaker has talked                                                                          gressive authoritarians throughout the
                                                                                                       this agreement.
                                               about. We need more efficiencies in the                   I yield the floor.                                   world who are right now looking to see
                                               Pentagon. I couldn’t agree more. By                       The PRESIDING OFFICER. The Sen-                      whether or not we are prepared to sup-
                                               the way, the Navy leadership right                      ator from South Dakota.                                port our allies and those individuals
                                               now—we need a lot more efficiencies                       Mr. ROUNDS. Mr. President, I ask                     who are on the front lines. This is spe-
                                               out of that place. You have a Navy Sec-                 unanimous consent to be recognized to                  cifically in Ukraine, specifically look-
                                               retary who is more focused on getting                   speak for up to 10 minutes.                            ing, as well, in the South Pacific, and
                                               his climate plan out before his ship-                     The PRESIDING OFFICER. Without                       looking at Taiwan and doing our best
                                               building plan. The priorities of the De-                objection, it is so ordered.                           to turn Taiwan into a porcupine to
                                               partment of the Navy right now are re-                    Mr. ROUNDS. Mr. President, my col-                   make it much less of a possibility that
                                               markably misaligned with real-world                     leagues today have all had the same                    China will invade Taiwan.
                                                                                                                                                                The other piece of this, along with




SSpencer on DSK126QN23PROD with SENATE
                                               challenges.                                             concern. That is, while we recognize
                                                 What are those real-world chal-                       the need to address the debt limit that                that, is that we have to do an appro-
                                               lenges?                                                 our country is now up against, we also                 priations process where we actually get
                                                 I think the Presiding Officer was                     recognize that the defense of our coun-                a chance to look at the Defense bill and
                                               there when we had a briefing from                       try is a critical and necessary part of                our other appropriations bills in a
                                               some of our top Intelligence Agency of-                 our responsibility as well.                            timely fashion so that we do not have
                                               ficials. It was a classified briefing, and                The concern that many of us have                     a continuing resolution in which the
                                               I asked him if this number was classi-                  with the proposal right now is that, in                defense of our country loses ground,



                                         VerDate Sep 11 2014   00:55 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00009   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.014   S01JNPT1
                                               S1866                                             CONGRESSIONAL RECORD — SENATE                                                        June 1, 2023
                                               making it more vulnerable or our coun-                    The first is the inadequacy of the de-               fense supplemental. That is what we
                                               try more vulnerable and a more chal-                    fense budget. As my colleagues have                    need to do. That is what I would ask
                                               lenging job for the young men and                       very well described, the defense budget                the administration and my colleagues
                                               women who wear the uniform of this                      submitted by President Biden and in-                   on the other side of the aisle to commit
                                               country.                                                cluded as the top line in this package is              to because we know that this budget is
                                                  With that, I just want to say thank                  insufficient to the task of fully imple-               not adequate to the global threats that
                                               you to my colleagues who have laid out                  menting the national defense strategy                  we face.
                                               some great numbers for all of us and                    at a time when we face serious and                       We know that it does nothing to
                                               who clearly have laid out a path for-                   growing threats around the world.                      deter Russian aggression in Ukraine.
                                               ward: a commitment by leadership that                     As my friends and colleagues from                    We know that it is not adequate to the
                                               the appropriations process be com-                      South Carolina and Alaska and others                   challenge that we face from China. An
                                               pleted in a timely fashion and a rec-                   have already described, this budget re-                emergency supplemental must be com-
                                               ognition that supplemental funding                      quest would actually shrink the size of                ing our way to remedy the first prob-
                                               will be necessary to confront aggres-                   our Navy. We would end up with a fleet                 lem.
                                               sive authoritarians throughout the                      of 291 ships. Those are 6 ships fewer                    What should we do about the second
                                               world.                                                  than today’s fleet of 297 ships, and it is             problem, the threat of this 1 percent
                                                  I yield the floor.                                   further—further—away from the Chief                    indiscriminate meat ax cut across the
                                                  The PRESIDING OFFICER. The Sen-                      of Naval Operations’ requirement,                      board? We need to pass each and every
                                               ator from South Carolina.                               which is informed by scenarios involv-                 one of the 12 appropriations bills on
                                                  Mr. GRAHAM. Mr. President, I ask                                                                            time before the start of the fiscal year.
                                                                                                       ing China, for example. Meanwhile,
                                               unanimous consent that I be recog-                                                                             In order to do that, I am working very
                                                                                                       what is China doing? China has the
                                               nized for 5 minutes.                                                                                           hard with the chair of the committee,
                                                  The PRESIDING OFFICER. Without                       largest navy in the world now, and it is
                                                                                                       growing to 400 ships in the next 2 years.              Senator MURRAY. But we need a com-
                                               objection, it is so ordered.                                                                                   mitment from the Senate majority
                                                  Mr. GRAHAM. Mr. President, I yield                     The story is very similar if you look
                                                                                                       at the Air Force’s tactical aircraft. So               leader that he will provide us with
                                               my time to our next speaker, who is                                                                            floor time. We will do our utmost to
                                               the ranking member of the Appropria-                    we have a real problem.
                                                                                                         Let me give you another example. It                  get every single one of the 12 appro-
                                               tions Committee, but I just want to                                                                            priations bills marked up and reported
                                               say one thing before she speaks.                        is an example that all of us can relate
                                                                                                       to who fill our cars with gas or seek to               out of the Appropriations Committee.
                                                  The Chief of Naval Operations said                                                                          But then I am asking the Senate ma-
                                               we need 373 ships manned and 150 un-                    heat our homes.
                                                                                                         This budget request falls woefully                   jority leader to commit to bringing
                                               manned platforms to deal with the                                                                              each of those bills to the Senate floor,
                                               threats we face around the world. We                    short in funding the fuel costs of our
                                                                                                       military. The Government Account-                      either singly or individually or as
                                               have 296 today. Under this budget deal,                                                                        minibuses, as we used to do, where we
                                               we will go to 286 by 2025. What does it                 ability Office says the DOD’s fuel costs
                                                                                                       are likely to be 20 percent higher than                would pair a couple of the bills to-
                                               take to get 373? The CNO of the Navy                                                                           gether. But it is essential. I would im-
                                               said, to get 373 ships, you have got to                 the amount of money that is included
                                                                                                       in the President’s budget.                             plore the Democratic leader to provide
                                               spend 5 percent above inflation for a                                                                          the commitment that he will bring
                                                                                                         I asked the Chairman of the Joint
                                               sustained period of time. This bill is 2                                                                       each of the appropriations bills to the
                                                                                                       Chiefs of Staff, General Milley, what
                                               percent below inflation. So we are un-                                                                         Senate floor so that we can avoid the
                                                                                                       the result would be, and he says it very
                                               dercutting the ability of the Navy to                                                                          threat of this indiscriminate, across-
                                                                                                       clearly: It would translate into 20 per-
                                               build the ships we need to defend                                                                              the-board cut.
                                                                                                       cent fewer flying hours and steaming
                                               America.                                                                                                         I believe that is the path forward for
                                                  With that, I yield to Senator COL-                   days, which would harm our military’s
                                                                                                       training and readiness. So that is a                   us: an emergency defense supplemental
                                               LINS.                                                                                                          to make up for the woefully inadequate
                                                  The PRESIDING OFFICER. The Sen-                      very concrete area where the Presi-
                                                                                                                                                              budget that has been submitted by this
                                               ator from Maine.                                        dent’s budget is clearly not going to be
                                                                                                                                                              administration for the Department of
                                                  Ms. COLLINS. Mr. President, short-                   adequate.
                                                                                                         Second is the harmful provision with                 Defense for our national security; and,
                                               ly, the Senate will consider the debt                                                                          second, to prevent the 1 percent cut
                                               ceiling package that passed the House                   the automatic 1 percent cut across the
                                                                                                       board. Think about this, if you are the                from ever being triggered, a commit-
                                               last night by a strong vote.                                                                                   ment that all of the appropriations
                                                  I commend the Speaker for his hard                   Secretary of Defense. Let’s say the De-
                                                                                                                                                              bills will be brought on time to the
                                               work and his negotiations to prevent                    partment of Defense appropriations bill
                                                                                                                                                              Senate floor.
                                               what would be a disastrous default,                     is signed into law before the start of                   Then, it seems to me, we can proceed
                                               with catastrophic consequences for our                  the fiscal year in October, as I hope                  with this package and avoid a cata-
                                               economy, for the people who rely on                     that it will be, and I am working hard.                strophic default for our country.
                                               important government programs, and                      It doesn’t matter. Let’s say the leg                     The PRESIDING OFFICER. The Sen-
                                               for America’s standing in the world.                    branch appropriations bill isn’t signed                ator from South Carolina.
                                               Nevertheless, there are two issues in                   into law by January 1 of next year. An                   Mr. GRAHAM. I want to echo what
                                               this package that are very problem-                     order goes out that has to be imple-                   Senator COLLINS just suggested. How
                                               atic.                                                   mented by April 30 which would cut                     do you begin to turn this debacle
                                                  The first, as you have heard from my                 every account across the board by 1                    around? You admit you have got a
                                               colleagues, is the completely inad-                     percent. How does that make sense?                     problem. It is pretty hard to quit
                                               equate top-line number for our na-                      Think how harmful that would be. How                   drinking if you don’t admit you have
                                               tional defense.                                         in the world is the military going to                  got a drinking problem.
                                                  The second is a harmful provision                    enter into contracts if it doesn’t know                  So what she is suggesting is that we
                                               that would go into effect if any 1 of the               what its budget is going to be, despite                acknowledge the obvious, that this bill,
                                               12 appropriations bills has not been                    the fact that its appropriations bill has              on the defense side, is inadequate to
                                               signed into law. It would trigger an                    been signed into law, but because of                   the threats we face, that a bill that
                                               automatic, meat-ax, indiscriminate,                     this threat hanging over the Depart-                   funds the Pentagon below inflation at a
                                               across-the-board cut in our already in-                 ment.                                                  time of great threat is not fully fund-
                                                                                                         So what do we do? I don’t want to see




SSpencer on DSK126QN23PROD with SENATE
                                               adequate defense budget and in the do-                                                                         ing. She is trying to get us to wake up
                                               mestic discretionary nondefense fund-                   our country default for the first time                 to the reality that if we don’t speak
                                               ing. This would happen automatically                    in history. I do believe that would have               about defeating Putin now, then the
                                               if, in fact, all 12 appropriations bills                catastrophic consequences. But we                      Ukrainians, who are on the offense,
                                               have not been passed.                                   need to fix these problems.                            will be undercut.
                                                  Now let me address both of those                       The first problem of an inadequate                     I will never let this happen again, as
                                               issues and offer to my colleagues what                  defense budget could be addressed and                  long as I am here, to let people nego-
                                               I believe are solutions.                                remedied by having an emergency de-                    tiate behind closed doors and not tell



                                         VerDate Sep 11 2014   00:55 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00010   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.016   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                        S1867
                                               me what they are doing on defense. I                    Ukraine, there goes Taiwan. And if you                   That is right; if you are a student
                                               blame myself for not being more in-                     don’t get that, you are just out of                    loan borrower and were told that you
                                               volved and more active, because in my                   touch. They have a chance to evict                     didn’t have to worry about payments
                                               wildest dreams I never believed that                    Russia from Ukrainian territory. They                  last fall, you could be back on the hook
                                               the Republican Party would take the                     need more military help, not American                  if Republicans get their way. This Re-
                                               Biden budget that they have attacked                    soldiers.                                              publican bill is a student debt bait-and-
                                               for a year and celebrate it as fully                      If Putin loses, it is a deterrence for               switch, penalizing borrowers by an av-
                                               funding. I know who I am dealing with                   China. If Putin doesn’t lose, he will                  erage of $1,500 in extra payments.
                                               now.                                                    keep grabbing territory until we have a                  And there is another twist in the
                                                 Here is what Reagan told the Rus-                     war between Russia and NATO. This is                   knife: If you are a first responder, an
                                               sians: Trust but verify. I will never,                  a big, big deal.                                       educator, a member of the military, or
                                               ever trust again, because you have got                    Iran is coming up with a plan, appar-                any sort of employee in the public sec-
                                               an ‘‘R’’ behind your name, that you are                 ently, to drive us out of the Mideast.                 tor, the Republican bill could jeop-
                                               going to be the party of Ronald                         That just came out today.                              ardize your eligibility for the public
                                               Reagan. You have to prove that to me.                     China is building. As Senator COL-                   service loan forgiveness program. We
                                               So, as we go forward, the game will                     LINS said, they are going from 340 ships
                                                                                                                                                              should be in the business of helping
                                               change.                                                 to 440 ships by 2030. We are going from
                                                                                                                                                              Americans saddled with student loan
                                                 Why is she asking for this to be done?                296 to 290. That can’t be the response to
                                                                                                                                                              debt, not making their problems worse
                                               If we don’t commit to an orderly appro-                 China.
                                                                                                         You cannot say with a straight face                  as this measure would do. I will vote
                                               priations process, it gets worse for the                                                                       no.
                                                                                                       that this military budget is a counter
                                               Defense Department.                                                                                                            VOTE ON H.J. RES. 45
                                                 To the people who wrote this bill, I                  to Chinese aggression, that it ade-
                                                                                                       quately allows us to defeat Putin. You                   The joint resolution was ordered to a
                                               would not let you buy me a car.
                                                                                                       cannot say with a straight face that                   third reading and was read the third
                                                 The provisions of sequestration—for
                                                                                                       this budget represents the threats                     time.
                                               lack of a better word—the continuing
                                               resolution, if we don’t do our legisla-                 America faces.                                           The PRESIDING OFFICER. The joint
                                                                                                         A military budget should be based on                 resolution having been read the third
                                               tive business, increases nondefense
                                                                                                       threats, not political deals to avoid de-              time, the question is, Shall the joint
                                               spending and decreases defense spend-
                                                                                                       fault. Nobody wants to default. We are                 resolution pass?
                                               ing. I thought we were Republicans.
                                                                                                       not going to default. But I am tired of                  Ms. HASSAN. I ask for the yeas and
                                               Who came up with that great idea?
                                                                                                       having default hanging over my head                    nays.
                                                 The top line is inadequate. The CR is
                                                                                                       as a reason to neuter the military at a                  The PRESIDING OFFICER. There
                                               devastating. And what bothers me the
                                                                                                       time we need it the most.                              has been a request for the yeas and
                                               most is that we would put the Depart-                     To the American public, you would
                                               ment of Defense in this position.                                                                              nays.
                                                                                                       suffer if we defaulted. I get it. If this                Is there a sufficient second?
                                                 We are playing with the lives of men                  budget is the end of the discussion and
                                               and women in the military, their abil-                                                                           There appears to be a sufficient sec-
                                                                                                       we don’t fix it, your sons and daughters
                                               ity to defend themselves, as some chess                                                                        ond.
                                                                                                       are going to have more war, not less.
                                               game in Washington. Well, this is                                                                                The yeas and nays are ordered.
                                                                                                       You are going to send a signal to all
                                               checkers, at best.                                      the bad guys that we are all talk. And                   The clerk will call the roll.
                                                 The fact that you would punish the                    what you will be doing is putting the                    The senior assistant legislative clerk
                                               military because we can’t do our job as                 world on a course of sustained conflict                called the roll.
                                               politicians is a pretty sad moment for                  rather than deterrence.                                  Mr. DURBIN. I announce that the
                                               me. But people in this body, on my side                   The last time people did this was in                 Senator from Colorado (Mr. BENNET)
                                               of the aisle, have drafted a bill that                  the 1930s. They wanted to believe that                 and the Senator from Virginia (Mr.
                                               would punish the military even more if                  Hitler wasn’t serious about killing all                WARNER) are necessarily absent.
                                               we fail to do our basic job. That cannot                the Jews, that they only wanted some                     The result was announced—yeas 52,
                                               be the way of the future.                               land, that he really didn’t want to take               nays 46, as follows:
                                                 So I will insist, or we will be here                  over the world. He wrote a book, and                               [Rollcall Vote No. 135 Leg.]
                                               until Tuesday, and I will make an                       nobody believed him.                                                        YEAS—52
                                               amendment to avoid default for 90 days                    The Iranian Ayatollah speaks every                   Barrasso          Grassley         Risch
                                               or however many days it takes to get                    day: I will destroy the state of Israel;               Blackburn         Hagerty          Romney
                                               this right. I don’t want us to default on               that we are infidels, and he is going to               Boozman           Hawley           Rounds
                                               the debt, but we are not leaving town                   drive us out of the region.                            Braun             Hoeven           Rubio
                                                                                                                                                              Britt             Hyde-Smith       Schmitt
                                               until we find a way to stop some of this                  China openly confronts our planes—                   Budd              Johnson          Scott (FL)
                                               madness. You are not going to be able                   400 feet yesterday. They are testing us                Capito            Kennedy          Scott (SC)
                                               to blame me for default because I am                    every day.                                             Cassidy           Lankford         Sinema
                                               ready to raise the debt ceiling right                     The bottom line, folks, is we are not                Collins           Lee
                                                                                                                                                                                                 Sullivan
                                                                                                                                                              Cornyn            Lummis
                                               now for 90 days, no strings attached, to                leaving until we get a path to fix this                Cotton            Manchin
                                                                                                                                                                                                 Tester
                                               give us a chance to stop this insane ap-                problem. Senator SUSAN COLLINS, my                     Cramer                             Thune
                                                                                                                                                                                Marshall
                                                                                                                                                                                                 Tillis
                                               proach to national security.                            good friend from Maine, gave us that                   Crapo             McConnell
                                                                                                                                                                                                 Tuberville
                                                 I am supposed to talk to the Presi-                                                                          Cruz              Moran
                                                                                                       path. If you want to go home, fix it.                  Daines            Mullin           Vance
                                               dent of Ukraine this afternoon. I would                   I yield the floor.                                   Ernst             Murkowski        Wicker
                                               like to be able to tell him something:                                       H.J. RES. 45                      Fischer           Paul             Young
                                               Oh, by the way, you have done a hell of                   Mr. SCHUMER. Mr. President, if you                   Graham            Ricketts
                                               a job with the money we have given                      are one of the over 43 million Ameri-                                      NAYS—46
                                               you. Not one soldier has died. The                      cans with Federal student loan debt,                   Baldwin           Heinrich         Reed
                                               weapons used by Ukraine have pun-                       today’s Republican measure attacking                   Blumenthal        Hickenlooper     Rosen
                                               ished the Russian military. They are                    debt relief is a slap in the face. Even a              Booker            Hirono           Sanders
                                                                                                                                                              Brown             Kaine            Schatz
                                               weakened and bloodied.                                  casual examination of today’s CRA                      Cantwell          Kelly            Schumer
                                                 They are about to take back terri-                    shows that is a cruel measure.                         Cardin            King             Shaheen
                                               tory. He is wondering, well, what does                    This is what Republicans are pro-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              Carper            Klobuchar        Smith
                                               this mean for the future? I want to try                 posing: They not only want to sabotage                 Casey             Luján           Stabenow
                                                                                                                                                              Coons             Markey
                                               to be able to tell him that I have got                  President Biden’s student debt relief,                 Cortez Masto      Menendez
                                                                                                                                                                                                 Van Hollen
                                               an assurance from this body that we                     they not only want to put a stop to fu-                                                   Warnock
                                                                                                                                                              Duckworth         Merkley
                                                                                                                                                                                                 Warren
                                               are not going to leave you hanging.                     ture payment pauses, Republicans ac-                   Durbin            Murphy
                                                                                                                                                                                                 Welch
                                                 It is in our interest to beat Putin. I                tually want to ask for payments and                    Feinstein         Murray
                                                                                                                                                              Fetterman         Ossoff           Whitehouse
                                               don’t like war more than anybody else,                  interest     retroactively—from      Sep-              Gillibrand        Padilla          Wyden
                                               but if Putin gets away with invading                    tember to December of last year.                       Hassan            Peters




                                         VerDate Sep 11 2014   00:55 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00011   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.017   S01JNPT1
                                               S1868                                             CONGRESSIONAL RECORD — SENATE                                                         June 1, 2023
                                                               NOT VOTING—2                            and wasteful spending, and they are                    throughout this process. Without a ne-
                                               Bennet            Warner                                eager for Congress to do the reason-                   gotiating partner, he did everything in
                                                The joint resolution (H.J. Res. 45)                    able, rational thing, which is to begin                his power and within the power of the
                                               was passed.                                             to get our financial house in order.                   House of Representatives to move this
                                                (Mr. PETERS assumed the Chair.)                          That is precisely what Republicans                   process forward. He stood strong be-
                                                                                                       demanded throughout this process—                      hind the need for fiscal reforms and led
                                                The PRESIDING OFFICER (Mr.
                                                                                                       necessary fiscal reforms as part of the                the House in passing the Limit, Save,
                                               SCHATZ). The majority leader.
                                                                                                       debt ceiling negotiation. But instead of               Grow Act. He lured President Biden to
                                                                f                                      stepping up, doing his job, acting re-                 the negotiating table, and he success-
                                                FISCAL RESPONSIBILITY ACT OF                           sponsibly, President Biden took a very                 fully moved a compromise bill through
                                                    2023—MOTION TO PROCEED                             different approach. He said: I refuse to               the House. But I think the backstory
                                                                                                       negotiate. This is a President of the                  about Speaker MCCARTHY’s leadership
                                                 Mr. SCHUMER. Mr. President, I                                                                                is that President Biden didn’t dream
                                                                                                       United States with $31.4 trillion in
                                               move to proceed to Calendar No. 84,                                                                            that in a million years, after the dif-
                                                                                                       debt. He said: I refuse to negotiate. He
                                               H.R. 3746.                                                                                                     ficult race for Speaker that we saw in
                                                                                                       went on to say that only a clean debt
                                                 The PRESIDING OFFICER. The                                                                                   January, Speaker MCCARTHY would be
                                                                                                       ceiling increase was an option, and he
                                               clerk will report the motion.                                                                                  able to unify Republicans in the House
                                                                                                       refused to engage in negotiations alto-
                                                 The legislative clerk read as follows:                                                                       of Representatives and actually pass a
                                                                                                       gether.
                                                 Motion to proceed to Calendar No. 84, H.R.              It is helpful to remember that it was                bill that raised the debt ceiling. That is
                                               3746, a bill to provide for a responsible in-                                                                  what the Limit, Save, Grow Act was. I
                                                                                                       in January when we actually hit the
                                               crease to the debt ceiling.                                                                                    think President Biden was shocked
                                                                                                       debt ceiling. What has happened since
                                                  Mr. SCHUMER. I suggest the absence                   then is the Treasury Secretary has en-                 that he was able to get that done. And
                                               of a quorum.                                            gaged in what is euphemistically called                I congratulate him for it. It changed
                                                  The PRESIDING OFFICER. The                           extraordinary measures in order to pay                 the whole dynamics of this negotia-
                                               clerk will call the roll.                               the bills as the money comes in                        tion.
                                                  The bill clerk proceeded to call the                 through tax revenue. But now she has                     But now that the House has acted,
                                               roll.                                                   told us that the X date—which presum-                  the ball is in our court. This Chamber
                                                  Mr. CORNYN. Mr. President, I ask                     ably is the default date after extraor-                will soon vote on the McCarthy-Biden
                                               unanimous consent that the order for                    dinary measures are exhausted—would                    agreement, and now is the time for the
                                               the quorum call be rescinded.                                                                                  Senate to do its job. Our job is not sim-
                                                                                                       be June 5. That is Monday. That is
                                                  The PRESIDING OFFICER. Without                                                                              ply to accept or to rubberstamp what
                                                                                                       Monday.
                                               objection, it is so ordered.                              The President has known since Janu-                  the House passed. That has never been
                                                  Mr. CORNYN. Mr. President, as we                     ary that this day would come. He has                   the case. We weren’t a party to the
                                               all know by now, yesterday evening,                     refused to negotiate, and he has led us                agreement; why should we be bound by
                                               the House passed a bipartisan bill to                   into this scenario where, unless Con-                  the strict terms of that agreement?
                                               lift the debt limit and begin the proc-                                                                          The Senate has not had a say in the
                                                                                                       gress acts by June 5, we will breach the
                                               ess of reining in our Nation’s un-                                                                             process so far, and it has led to serious
                                                                                                       debt limit and begin to default on pay-
                                               checked spending habit.                                                                                        frustration on both sides of the aisle.
                                                                                                       ing our bills as a nation.
                                                  From the time the United States                                                                             This bill didn’t go through regular
                                                                                                         I don’t have to remind anybody that
                                               reached the debt ceiling in January, it                                                                        order; in other words, it didn’t go
                                                                                                       inflation as a result of some of the
                                               was clear that a compromise bill would                                                                         through a committee. Members didn’t
                                                                                                       profligate spending habits of the pre-
                                               be the only way to avoid a full-blown                                                                          have the opportunity to weigh in or
                                                                                                       vious Congress, particularly on our
                                               economic crisis, which is what would                                                                           shape the legislation at that level or
                                                                                                       Democratic friends’ side—they were
                                               happen if we were not to raise the debt                                                                        even the final text.
                                                                                                       happy to spend roughly $2.3 trillion                     Given the time constraints wholly
                                               ceiling. With a Democrat-led Senate                     last year on strictly party-line spend-
                                               and a Republican-led House and a Dem-                                                                          created by President Biden’s delay and
                                                                                                       ing votes. But you put enough gasoline                 refusal to negotiate, this rushed proc-
                                               ocrat in the White House, bipartisan-                   on the fire, and inflation is going to
                                               ship was and is a necessity.                                                                                   ess was completely unavoidable. We
                                                                                                       spiral out of control. That is exactly                 didn’t have to get on the precipice of a
                                                  Now, Republicans, for our part, were                 what has happened.                                     default in order to act if President
                                               clear that any increase in the debt ceil-                 As a consequence, two things have                    Biden had done his job and responsibly
                                               ing must come with spending reforms.                    happened. One is that hard-working                     engaged in the negotiations that he fi-
                                               Otherwise, it would be like your                        American families have found their                     nally did engage in at an earlier point,
                                               maxing out your credit card and then                    standard of living reduced because they                months earlier. So the President
                                               asking to raise the credit limit so you                 simply can’t afford to keep up with the                dragged his feet for several months,
                                               could borrow more money without hav-                    increase in costs as a result of infla-                leaving the narrowest possible window
                                               ing an adult conversation about how                     tion. The second thing that happened is                to reach a deal and avoid a further cri-
                                               you were going to pay the money back.                   that in order to try to deal with this                 sis.
                                               In the real world, that is what would                   hidden tax, the Federal Reserve has                      This is not how this should have
                                               happen. You would have to have that                     had to raise interest rates, which has                 played out, but that doesn’t mean our
                                               conversation or there would be no in-                   slowed down the economy even more.                     hands are tied behind our backs here in
                                               crease in your credit card limit. But                     Why in the world would President                     the Senate. The Senate is not required,
                                               only in Washington, only in the Na-                     Biden, as a responsible public official,               as I said, to rubberstamp the House
                                               tion’s Capital would it be even argued                  refuse to negotiate when he knows that                 bill. We have the opportunity to amend
                                               that you could raise the debt limit                     the anxiety associated with hitting                    this legislation and make it better.
                                               without talking about spending reform.                  this X date on Monday is causing even                    I share the concerns expressed by the
                                                  What has happened is, our Nation’s                   more uncertainty, even more trepi-                     ranking member of the Senate Appro-
                                               national debt has ballooned now to                      dation, and even more anxiety over ex-                 priations Committee, the Senator from
                                               more than $31.4 trillion. That is a num-                actly what the future is going to look                 Maine; the Senator from South Caro-
                                               ber—I doubt that anybody here in the                    like? Why would he risk that? Presi-                   lina, Senator GRAHAM; Senator SUL-
                                               Chamber could tell us how many zeros                    dent Biden stuck to his ‘‘no negotia-                  LIVAN, the Senator from Alaska; and
                                               follow that 31.4.                                       tions, no reforms’’ position for literally




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              Senator COTTON, I believe, has spoken
                                                  The American people are clearly un-                  months even though it was painfully                    on that publicly, that the defense num-
                                               happy with what they see is happening                   obvious that a bipartisan deal was the                 ber in this agreement is simply inad-
                                               here when it comes to out-of-control                    only way to avoid a further economic                   equate.
                                               spending. A recent poll found that 60                   crisis.                                                  It is simply unacceptable to leave it
                                               percent of adults think the government                    I want to pause for a moment to com-                 in the hands of Senator SCHUMER, the
                                               spends too much, and they are right.                    mend the Speaker of the House, Speak-                  majority leader, whether or not we ac-
                                               They are frustrated by the unnecessary                  er MCCARTHY, for his leadership                        tually pass appropriations bills this



                                         VerDate Sep 11 2014   00:55 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00012   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.001   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                 S1869
                                               year because if we don’t, under the                     back some of that money, including $27                 absolutely critical. For today, Sen-
                                               terms of the McCarthy-Biden agree-                      billion in unspent COVID funds, and to                 ators deserve the opportunity to amend
                                               ment, then we go back into a seques-                    redirect a reported $20 billion in IRS                 this bill and, as I said, to make it bet-
                                               tration, with a 1-percent cut across the                funding to other priorities.                           ter if they can; but all of our col-
                                               board.                                                    The Congressional Budget Office esti-                leagues have the right to have a say in
                                                 That may not sound like a lot, but                    mates this bill will reduce Federal                    this process, and I urge the majority
                                               our country is facing more national se-                 spending by $1.5 trillion over the next                leader to allow that process to go for-
                                               curity threats than we ever have be-                    decade, which is a strong start in the                 ward with up-or-down amendment
                                               fore. Whether it is the challenge in Eu-                fight to right America’s financial ship.               votes.
                                               rope with Russia’s unjustified invasion                   As I said, this bill is the beginning of               Mr. President, I yield the floor.
                                               of Ukraine; whether it is the aspira-                   that fight; it is not the end. And I                     I suggest the absence of a quorum.
                                               tions of the Ayatollah in Iran to build                 know many of us, including this Sen-                     The PRESIDING OFFICER. The
                                               nuclear weapons; whether it is Kim                      ator, would like for us to be able to do               clerk will call the roll.
                                               Jong Un in North Korea or Vladimir                      more. But the fact is, one bill cannot                   The senior assistant legislative clerk
                                               Putin or President Xi, it is easy to see                erase decades of financial troubles. We                proceeded to call the roll.
                                               that the threats are not diminishing.                   need to build on the progress made in                    Mr. MORAN. Mr. President, I ask
                                               They are getting more and more seri-                    this legislation in the months and                     unanimous consent that the order for
                                               ous, which means that a sequestration                   years to come. Of course, the best way                 the quorum call be rescinded.
                                               of the Defense Department’s spending                    to do that is at election time because it                The PRESIDING OFFICER. Without
                                               by automatic operation of law is unac-                  matters who wins elections. It matters                 objection, it is so ordered.
                                               ceptable.                                               who is in the majority. It matters who                                   DEBT CEILING
                                                 Senators on both sides want amend-                    controls a body of Congress and the
                                               ments. Members want to make changes                     White House.                                             Mr. MORAN. Mr. President, I want to
                                               to try to improve the bill. As I said,                    But the next big battle will be in the               spend a few minutes here on the Senate
                                               the Senate should not be cut out of the                 Senate and House Appropriations Com-                   floor discussing the debt ceiling agree-
                                               process due to President Biden’s foot-                  mittees. As we know, every year, the                   ment reached between the Republican
                                               dragging. We still have time before the                 committees are charged with writing 12                 majority in the House and the Biden
                                               June 5 deadline. The Senate could                       separate bills to fund the various com-                White House, the Fiscal Responsibility
                                               move through the amendment process                      ponents of the Federal Government.                     Act, the bill that, presumably, we will
                                               fairly quickly. We could do it today.                     The process of drafting those bills is               be further debating, perhaps amending,
                                               We have ample time to vote on amend-                    designed to involve public hearings,                   and voting on yet today or tomorrow.
                                               ments and send an amended version                       committee votes, and rigorous debate.                    I fully recognize that governing in a
                                               back to the House for final passage.                    It gives every member of the Appro-                    divided government is a challenging
                                                 I might add, there is no reason for                   priations Committee opportunities to                   amount of work. The American people
                                               the majority leader to block amend-                     shape the individual spending bills and                have given us that circumstance. This
                                               ment votes. Senators deserve an oppor-                  address America’s spending habits. And                 circumstance requires negotiation and
                                               tunity to vote on amendments, and I                     once it gets voted out of committee,                   finding common ground; otherwise, we
                                               hope the majority leader will not stand                 then all 100 Senators should have that                 can do nothing.
                                               in the way of those Senators on both                    opportunity to shape and improve the                     Unfortunately, President Biden, for
                                               sides of the aisle who want to offer                    legislation.                                           way too long, refused to negotiate with
                                               amendments and then receive-up-or-                        Once these bills are completed, they                 House Republicans. He refused for
                                               down votes.                                             are supposed to pass both Chambers                     months to negotiate with House Re-
                                                 This bill does include some very posi-                and be signed into law by September 30                 publicans—I suppose in an effort to in-
                                               tive developments—beginning to rein                     every year. But that didn’t happen in                  timidate Republicans and pass an
                                               in our Nation’s spending habits—but it                  2021 or 2022. The Democratic Senator                   unaltered debt ceiling increase. This
                                               is not a magic pill to cure the Federal                 majority leader refused to allow us to                 would have opened the door for more
                                               Government’s chronic financial trou-                    pass a single appropriation bill last                  Democratic majority spending—in fact,
                                               bles. America’s $31.4 trillion debt de-                 year, forcing us into the ugly process                 spending even more money with per-
                                               veloped over the course of decades, so                  of considering and passing an omnibus                  haps no, but certainly fewer, strings
                                               it is unreasonable to expect we are                     appropriation bill. That is not the way                attached. Fortunately, that tactic did
                                               going to turn that around with the pas-                 that is supposed to be done.                           not work, and the House Republicans
                                               sage of one bill. But we can start, and                   Congress cannot continue to operate                  acted to pass their own debt limit leg-
                                               we should start.                                        like this—with bloated budgets, last-                  islation. Without a realistic plan, a
                                                 We know the pandemic accelerated                      minute spending bills, backroom nego-                  plan that could pass Congress, the
                                               these problems. We spent a lot of                       tiations. That is no way to gain the                   Biden administration finally conceded
                                               money necessarily on a bipartisan                       public’s trust or to run the Federal                   and negotiated with House Republicans
                                               basis to try to deal with the public                    Government. We need to return to a                     to create a deal, the deal that is before
                                               health crisis and the economic con-                     transparent and regular process where                  us now.
                                               sequences of the pandemic, but then, as                 every elected Member of Congress has                     My view: Defaulting on the national
                                               I said, at President Biden’s request, our               the opportunity to participate in budg-                debt would send a message that we are
                                               Democratic colleagues abused the rules                  eting and deciding what the appro-                     a nation that cannot be trusted to pay
                                               of the Senate to go on two partisan                     priate expenditure of taxpayer dollars                 our bills. Default would be highly dan-
                                               spending sprees.                                        should be.                                             gerous to our national security and to
                                                 First came the $1.9 trillion American                   So we have known this date was com-                  our currency and to our economy.
                                               Rescue Plan, followed by the $700 bil-                  ing since January. President Biden put                 China and other countries, those coun-
                                               lion so-called Inflation Reduction Act.                 us in this difficult situation by wasting              tries that are on the fence in today’s
                                               That is $2.6 trillion more, which gets us               valuable time, and he has pushed us to                 world, are watching. They are watch-
                                               up to the $31.4 trillion today. But then                the brink of default. Now, thanks to                   ing how the American government op-
                                               they used that money to do everything                   his delay tactics, the Senate is pre-                  erates. They want to diminish our role
                                               from funding a supersized IRS to tax-                   paring to vote on a bill that no Member                in the world. China would love for our
                                               payer-provided subsidies for rich people                of this body had a hand in writing.                    standing in the world to be damaged




SSpencer on DSK126QN23PROD with SENATE
                                               to buy electric vehicles.                               Given the time crunch, this truncated                  due to default, for the United States
                                                 So I am glad the Speaker was suc-                     process was a necessary evil, but it                   and its economy to be in chaos.
                                               cessful. In addition to beginning the                   cannot be the norm.                                      It is vital to our economy and to our
                                               long process of beginning to bend the                     We need to return to the processes                   national security that we do not de-
                                               curve when it comes to reckless spend-                  that were designed to promote smart                    fault and that we preserve the U.S. dol-
                                               ing, I am glad the Speaker was able to                  and responsible spending. Hearings,                    lar as the primary currency, the ‘‘re-
                                               agree with the White House to claw                      committee votes, and public debate are                 serve currency’’—not the yen or any



                                         VerDate Sep 11 2014   00:55 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00013   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.023   S01JNPT1
                                               S1870                                             CONGRESSIONAL RECORD — SENATE                                                        June 1, 2023
                                               other country’s currency. The implica-                  our family, and I hear about it from ev-                 This legislation would encourage
                                               tions of what happens here today in re-                 eryday Kansans all the time.                           Congress to do its job by passing 12 sep-
                                               gard to a default has a consequence                       Reducing inflation requires reduc-                   arate appropriation bills or face auto-
                                               upon our national well-being vis-a-vis                  tions to spending. The cause of infla-                 matic caps on spending. Whatever hap-
                                               the rest of the world and, most impor-                  tion is when we spend more than we                     pens on this piece of legislation, I hope
                                               tantly, determines the relationship we                  have to spend and we borrow money,                     the outcome, with the leadership of the
                                               have with other countries and the role                  pumping more Federal spending, gov-                    Appropriations Committee that we
                                               that China is able to further play in                   ernment spending, into the economy.                    have today, means that we are going to
                                               the world order.                                          However, we need to fulfill the most                 do 12 separate bills, each with the scru-
                                                 China and these countries that are on                 important responsibility to the Federal                tiny     of   an   appropriations    sub-
                                               the fence are watching. It is time—it is                Government, and that is to protect and                 committee and the opportunity for
                                               vital to our economy and national se-                   defend our Nation and to keep our                      amendments by all Senators on the
                                               curity that we do not default and that                  promises to those who served in the                    Senate floor.
                                               we preserve that dollar.                                military that defends us. My colleagues                  Working to spend less will help stop
                                                 The Fiscal Responsibility Act isn’t                   and I on the Senate Committee on Vet-                  this runaway inflation. But this legis-
                                               the legislation that I personally would                 erans’ Affairs have consistently said we               lation goes a step further by stimu-
                                               introduce. It does not sufficiently cap                 would provide the VA with the funding                  lating the economy and protecting
                                               long-term discretionary spending; it                    it needs to provide care and services to               Americans from new taxes.
                                               continues to tie our defense budget to                  the men and women who have served                        Unleashing American energy is a key
                                               spending less than the rate of inflation;               our Nation. I have heard it said many                  to reducing energy prices, stimulating
                                               and it fails to address reforms needed                  times here in the Senate and elsewhere                 our economy, and strengthening our
                                               to mandatory programs. But it does ac-                  that it is too easy for us to go to war                national security. The permitting re-
                                               complish key conservative priorities                    and never easy enough for us to pay for                forms included in this bill will help get
                                               that will benefit America and help put                  the bills for those who sacrificed so                  energy projects approved more quickly
                                               our Nation on a better path toward fis-                 much during war.                                       rather than being bogged down in a set
                                               cal responsibility.                                       The debt ceiling deal delivers on our                of bureaucratic regulations. Things
                                                 In addition to the debt ceiling issue,                commitment to support veterans. The                    that should take months or a few
                                               reckless spending can also be the de-                   deal also secures the full funding of the              years—hopefully, it will be the case
                                               mise of our country’s well-being, and                   toxic-exposed veterans that was au-                    and not take years or decades.
                                               endless deficit spending will eliminate                 thorized by the just recently passed                     Raising the debt limit is not some-
                                               the American dream for many Ameri-                      PACT Act.                                              thing I or any of my colleagues should
                                                                                                         In regard to government waste, this
                                               cans and the American dream as seen                                                                            take lightly. Why have a debt ceiling if
                                                                                                       legislation will slow the rate of spend-
                                               by the rest of the world.                                                                                      it is just automatically increased every
                                                 As a fiscal conservative, the Federal                 ing and recoup unspent funding, start-
                                                                                                                                                              time it is met? Don’t we wish that
                                               Government must spend less, must                        ing with COVID funds, to the tune of
                                                                                                                                                              would work in our credit card bills that
                                               grow its spending less rapidly, must set                billions of dollars. The pandemic is ba-
                                                                                                                                                              we receive? We have a limit on what we
                                                                                                       sically behind us, and there is no rea-
                                               limits on our appetite, and must stop                                                                          can spend because sometimes people,
                                                                                                       son for us to keep spending under the
                                               wasteful spending. Our Nation has had                                                                          and always government, need to be told
                                                                                                       rubric—under the title—of COVID re-
                                               a spending problem for the last several                                                                        no.
                                                                                                       lief funding.
                                               decades—probably even longer than                         Additionally, this legislation will cut                We are seeing firsthand the con-
                                               that. It used to be that everyone under-                significant funding to the Biden admin-                sequence for spending outside our
                                               stood that deficit spending was a dam-                  istration’s plan to hire thousands of                  means. And there will continue to be
                                               aging thing to the economy. Franklin                    additional IRS agents. I am an appro-                  more consequences. But no deal is not
                                               Delano Roosevelt, perhaps the first                     priator, and I have long been an advo-                 a solution either. This is really the
                                               progressive President, understood that                  cate for what we around here call reg-                 clash of a bad outcome of a default and
                                               World War II had to be paid for. It was                 ular order, what folks back home                       the bad outcome of more spending,
                                               a given that we paid our bills with                     would just call doing your job.                        more inflation, and a greater challenge
                                               nearly current revenue.                                   The way this process is supposed to                  to our country and its economy.
                                                 It seems, over time, that many—par-                   work is we have a budget that outlines                   No deal is not a solution. And de-
                                               ticularly, in my view, in the Demo-                     how much money we can spend, what                      faulting—I can’t see any way that is
                                               cratic Party—decided that deficit                       the revenues are to pay for it; and then               helpful to Kansans or Americans. The
                                               spending was not that much of a prob-                   we divide up that money that we are                    American people elected a divided gov-
                                               lem. And I worry that, too often, Re-                   going to spend in discretionary spend-                 ernment. That is what we work in
                                               publicans want to look the other way                    ing among 12 bills that the Appropria-                 every day here. Democrats hold the
                                               as well. We accelerated that spending                   tions Committee and, ultimately, the                   White House and the Senate. The
                                               during COVID. Perhaps with the uncer-                   Senate and the House and the Presi-                    House Republicans deserve credit for
                                               tainty of what COVID meant to us,                       dent then have something to say about.                 negotiating a deal with a reluctant
                                               government spending rose rapidly, and                     I have been an advocate for passing                  President and passing an agreement
                                               we spent too much money. But Con-                       those separate 12 bills. We haven’t done               with reasonable caps on Federal spend-
                                               gress was slow—even as COVID began                      that very well many times. For far too                 ing.
                                               returning to the rearview mirror, we                    long, we have relied on continuing res-                  This bill represents progress and is
                                               were too slow to turn off that COVID                    olutions and massive omnibus pack-                     that proverbial step in the right direc-
                                               spending spigot.                                        ages to fund our government. Those                     tion. We cannot continue to borrow
                                                 Coupled with reckless tax-and-spend-                  omnibus packages allow for a small                     money we don’t have and saddle future
                                               ing sprees driven by the Biden adminis-                 group of Members of Congress to make                   generations with the consequences.
                                               tration, out-of-control spending has led                major decisions for the rest of us. It                   The debate cannot end here, however,
                                               to record-high inflation. Inflation is                  adds to the uncertainty of what is in a                with this vote. However the outcome of
                                               like a tax on every American and is                     bill when it is such a massive piece of                this legislation in Congress, we should
                                               damaging to the poorest among us.                       legislation, and it creates—rightfully                 never have to wait for a crisis—an eco-
                                                 Here in Congress, we talk about                       so—cynicism among my constituents                      nomic crisis, the debt ceiling—to take
                                               spending in terms of millions and bil-                                                                         fiscally responsible measures. It should




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       about ‘‘What is in there?’’ and ‘‘Did
                                               lions—sometimes even trillions. But                     you read the bill?’’                                   be part of a way of life here. Those re-
                                               folks back home in Kansas talk about                      These measures, the way we do it—                    sponsible measures need to become the
                                               spending in dollars and cents. And for                  the way we have done it in the past—                   norm for every Member of Congress
                                               everyday Americans, those dollars add                   are not good government, and they                      and for this and every other President.
                                               up, make it harder to buy the gro-                      lead to the ease of additional spending.                 Without a serious long-term plan and
                                               ceries, to pay the rent, or to put gas in               It becomes too easy to add something                   subsequent action to reduce spending,
                                               their vehicles. We see it every day in                  to such a massive bill.                                we will be back in this position way



                                         VerDate Sep 11 2014   00:55 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00014   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.024   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                               S1871
                                               too soon, and we will jeopardize the                    to the hotel and you think this may                    make. This Congress can only vote on
                                               American dream. It threatens our chil-                  not work. Pull up, check in, but there                 things for this particular session of
                                               dren and our grandchildren’s futures as                 is no one at the desk. And then it just                Congress. We can’t commit the next
                                               well as our Nation’s ability to defend                  gets harder as we get to our room. It is               Congress to actions of this Congress.
                                               itself against global threats.                          dark. Lots of light bulbs are out in the               Each Congress stands on its own. And
                                                 I always tell myself that my respon-                  pathway to get to our room to check                    everyone knows that.
                                               sibility as a citizen of this country—                  in. And, actually, when I shut the door                  It sounds good to say it is going to
                                               not as a Senator necessarily but just as                and the two of us came in, I shut the                  save these trillions of dollars in the
                                               a citizen—is to do what we can do to                    door behind us, and the crack under-                   next 8 years, except each Congress will
                                               make sure that the American dream is                    neath the door was so large I could                    actually vote on a budget for the next
                                               alive and well and liberties and free-                  physically see the patio and the bal-                  8 years, and there is no commitment
                                               doms that we enjoy as Americans                         cony and everything outside. And it                    from future Congresses by this one to
                                               through the sacrifice and service of                    was so loud because it was right next                  do that.
                                               many and the wisdom of the Founding                     to the highway. I thought, We are in                     In fact, I have been here long enough
                                               Fathers in the Constitution of the                      trouble. This is just not going work. So               to be able to see agreements being
                                               United States—our job is to make cer-                   we ended up packing everything up and                  made for what a future Congress will
                                               tain those liberties and freedoms are                   just going to search and find another                  do that didn’t actually happen.
                                               protected for people we will never meet                 place and thinking there is no way we                    And so the $1.5 trillion in savings is
                                               and that the American dream is alive                    will both be able to sleep.                            only a decrease of the increase of how
                                               and well for people today and their                       Why do I tell you this silly story?                  much we were ‘‘planning to spend but
                                               children and grandchildren.                             Well, when we were traveling and head-                 actually hadn’t budgeted’’ because as
                                                 America still stands as a beacon for                  ing there, we anticipated one thing,                   many people may know, there is not a
                                               others around the world, and there are                  and then when we got there and got to                  budget set for the next year of what we
                                               others in other countries who are try-                  the hotel, it ended up being different.                were going to spend. So CBO just as-
                                               ing to live the American dream. They                      I have to tell you, this past weekend,               sumed we were going to increase at
                                               are envious of what we have. But it is                  when I read through the 99 pages of the                least by inflation and any amount less
                                               fragile, and it can go away.                            debt ceiling bill, I would read through                than inflation is suddenly savings when
                                                 It is our responsibility to make sure                 a section of it, and I would get to the                there was no budget that was actually
                                               that is not the case. We can’t let this                 end of that section and be surprised at                set.
                                               happen. We have to confront our                         the ‘‘except for’’ at the tail end of each               So my first big surprise was, it actu-
                                               threats head-on.                                        section. It is not what I expected when                ally doesn’t reduce spending; it actu-
                                                 And, yes, it is easy to take a side and               I read through the document, page                      ally increases spending.
                                               defend that side and advocate for that                  after page.                                              The next big surprise came when I
                                               side. It is what we do here. There are                    I have to tell you, we are a nation                  started looking at how even some of
                                               times in which it is necessary for us,                  that leads the world. We have the                      the ‘‘savings’’ are actually managed.
                                               for the well-being not of us as individ-                world’s largest economy. We are to be                  There is a supplemental piece that is in
                                               uals or us as elected officials but for                 responsible in how we handle our budg-                 this or a piece that is set aside where
                                               the well-being of the country, to find a                et in the process. We are to get it right              it takes what they call rescissions—I
                                               path forward. And in today’s environ-                   because we are the United States of                    am not going to get into budget gobble-
                                               ment, in today’s world, it requires bi-                 America.                                               dygook that is tough for us all to be
                                               partisan cooperation. And bipartisan                      And I have been concerned for quite a                able to process. But there is about $22
                                               agreement is a blueprint to develop                     while with the trajectory of our spend-                billion that is taken out of items that
                                               more fiscally responsible legislative                   ing. And it challenges us as a nation to               were COVID spending that are not
                                               agenda.                                                 be able to change the trajectory of our                going to be spent and pulls it over into
                                                 We will debate this bill. We will, po-                spending because we have to start                      the Department of Commerce and
                                               tentially and perhaps hopefully, amend                  working back to balance. We can’t get                  leaves it there in the Department of
                                               this bill, but our work is cut out for us.              to balance in a year. It is going to take              Commerce amount and says we will de-
                                               The American people deserve for us to                   a long time to get there, but we have                  cide later how to spend it.
                                               make the decisions that protect us                      to get started in this process.                          Now, I ask the obvious question: Isn’t
                                               from our adversaries, keep the Amer-                      And my frustration has been that                     this supposed to go to deficit reduc-
                                               ican dream alive, and make certain                      sometimes we seem to start and then                    tion?
                                               that our children and grandchildren                     we stop again and then we start and                      And the answer came back: Well, a
                                               and those we have never met have a                      then we stop again.                                    few billion went to deficit reduction,
                                               brighter future. The issue before us is                   In the several years that I have been                but $22 billion actually went over into
                                               one of those that has a consequence in                  here in the U.S. Congress, I voted for                 the Department of Commerce’s budget
                                               all those arenas.                                       some debt ceiling increases because                    and is being parked there, and they
                                                 I will work with my colleagues today                  they changed the trajectory, and I                     will have other opportunities to be able
                                               as we move forward on this legislation                  voted against some because they were                   to spend those dollars in the future.
                                               to make sure that the outcome is                        status quo or they didn’t. I had higher                  That is not really a savings on the
                                               something that advances a cause that                    expectations for this one.                             rescission. There is permitting reform
                                               is important to me and to the people I                    Now, initially, when it came out, it                 in this, which I am grateful for. Quite
                                               represent.                                              was, this is going to save $2 trillion.                frankly, there is bipartisan support for
                                                 I yield the floor.                                    And then it slowly got downgraded to                   permitting reform in many areas be-
                                                 The PRESIDING OFFICER. The Sen-                       it is going to save $1.5 trillion. Then,               cause we can’t get lithium and cobalt.
                                               ator from Oklahoma.                                     when we read the fine print and every-                 We can’t move solar and wind power
                                                 Mr. LANKFORD. Mr. President,                          body was talking about how much it                     because of permitting, just like we
                                               years ago—talking like 15, maybe 18                     was going to save, I got to the fine                   can’t move natural gas and hydrogen
                                               years ago—I was speaking in a town in                   print and found out, actually, it in-                  and CO2 because of permitting issues.
                                               Oklahoma, and my daughter wanted to                     creases spending 3.3 percent next year,                We have to do major reforms in those
                                               go with me, which was great. So we                      and the year after that it increases                   areas to be able to make sure we can
                                               took off. I had reserved a hotel. And so                spending 1 percent again.                              actually produce more energy for the




SSpencer on DSK126QN23PROD with SENATE
                                               we get there. We were going to stay                       It actually doesn’t decrease spending                future of our country.
                                               overnight. And I was speaking some-                     at all. It increases spending, both this                 So when I saw the permitting issues,
                                               where the next morning.                                 year and next year. But then it has the                then I thought, good, we need to get
                                                 We arrive at the hotel late that                      promise of the next 8 years after that—                started on some of these permitting
                                               evening. When I got there and checked                   it will only grow 1 percent a year after               issues—except when I read through it,
                                               in, I knew initially we were in trouble.                that every single year, except that is                 there seems to be a lot of exceptions to
                                               You have that feeling when you pull up                  not an agreement this Congress can                     it.



                                         VerDate Sep 11 2014   00:55 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00015   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.026   S01JNPT1
                                               S1872                                             CONGRESSIONAL RECORD — SENATE                                                          June 1, 2023
                                                 For instance, there is a 2-year com-                  good idea for every President, not just                believer in work requirements. Not ev-
                                               mitment to say, if you are doing the                    for this one. Why would there be, sud-                 erybody here in this body is on that. I
                                               more strict environmental impact                        denly, an out clause in it?                            think work is dignity. I think work en-
                                               statement, you have to get it done in 2                   There is a 1-percent sequester that is               courages families and brings dignity to
                                               years—well, unless the administration                   across the board if appropriations are                 a family and an individual unlike any-
                                               declares it complex, and then they                      not done.                                              thing else that a family can bring. I
                                               have a lot more time; in fact, an infi-                   Now, I have to tell you, I worked                    think it is great for kids to grow up in
                                               nite amount of time.                                    with Senator MAGGIE HASSAN on the                      a community where the adults around
                                                 It limits you to 150 pages for an envi-               other side of the aisle to resolve a way               them work and set that example, and
                                               ronmental impact statement, which is                    to end government shutdowns and ac-                    they build on that. There is just a
                                               good; that actually brings the paper                    tually do appropriations. We should do                 unique dignity in work.
                                               down—unless the administration de-                      all 12 appropriation bills. The Senator                  Quite frankly, some of that just
                                               clares it complex, and then it is a                     who is chairwoman of Appropriations                    comes from what I have seen, and some
                                               whole lot more. It limits the number of                 is on the floor right now. She and I                   of that comes from my faith, because
                                               pages even, unless it is the appendix. If               have had these conversations. She has                  when I look at even scripture, there
                                               the administration declares actually                    committed to doing all 12 appropria-                   was work in the Garden before the fall.
                                               these can go in the appendix, then                      tions bills. So am I. We can bring back                Work is not a consequence of the fall.
                                               there is actually no cap, no limit for                  regular order and actually go through                  Work is a gift from God that gives us
                                               that.                                                   the process.                                           purpose and meaning and helps us set
                                                 It also says that, in this time period                  We don’t all agree on everything here                the next example. Anything we can do
                                               piece, that if you get to 2 years from                  in the body. Welcome to America,                       as a culture to encourage a culture of
                                               the environmental impact statement                      where 320 million Americans don’t                      work, I think, is beneficial to people in
                                               and if they don’t achieve that—I asked                  agree on everything. OK, well, let’s                   families.
                                               a logical question: If an administration                talk it all out. Let’s have the debate.                  I understand full well there are those
                                               and an Agency doesn’t get it done in 2                  Let’s have the vote and go from there.                 who are disabled, those that have kids.
                                               years, what happens?                                    We haven’t had that ability in years.                  There are situations where it can’t be
                                                 The answer is: Well, you have to sue                    Senator MAGGIE HASSAN and I have a                   done. I completely respect that. But in
                                               the Federal Government and that                         bill dealing with ending government                    this particular bill, the incentives for
                                               Agency to make them do it. And then                     shutdowns and pushing us towards
                                                                                                                                                              work requirements has a little caveat
                                               it has to go through the court system,                  doing the 12 appropriations bills. That
                                                                                                                                                              stuck in the back of it that says all of
                                                                                                       is not a bipartisan bill. Frankly, it is a
                                               which, as this body knows, will take 2                                                                         this applies to these States and they
                                                                                                       nonpartisan bill. I don’t find anyone
                                               or 3 years. If the court finds in favor,                                                                       can’t take all these waivers where they
                                                                                                       here who doesn’t actually want to get
                                               then the court can then declare the                                                                            pull away work requirements—they
                                                                                                       us back to regular order. So we are try-
                                               Agency has another 90 days to be able                                                                          can’t do those things unless Secretary
                                                                                                       ing to find a logical way to be able to
                                               to get it resolved—unless it is consid-                                                                        Becerra—the Secretary of HHS—de-
                                                                                                       do it.
                                               ered complex, and then they have un-                      But the way this bill sets up the se-                clares that that State is doing good
                                               limited time.                                           questration to put this towards those                  work to try anyway. There are no re-
                                                 So the permitting piece, as I read                                                                           strictions on it. It just says solely that
                                                                                                       12 appropriation bills, it says that if
                                               through it, I thought, why are there all                appropriation bills are not done by                    if Secretary Becerra decides that, it
                                               these exceptions that are out there                     April 1 next year, there is a 1-percent,               gets waived.
                                               that give it an out for every single por-               across-the-board cut that will happen                    So as I look at the bill, I see a lot of
                                               tion of it?                                             in the current year spending in the last               good intentions in the bill, but I see a
                                                 There is a section of the bill that                                                                          whole lot of exceptions. And I see a
                                                                                                       5 months of the year.
                                               talks about what is called administra-                    That is a pretty big spending. Except                whole lot of ability for the administra-
                                               tive pay-go. That is a rule that has ex-                it really only hits defense because the                tion to waive that, waive that, waive
                                               isted in some administrations before                    way it is set up is nondefense will actu-              that, waive that. That undercuts the
                                               where they will say that if you are                     ally go up and defense will actually be                purpose of the bill.
                                               going to add a cost to America through                  cut by 1 percent from last year’s                        Quite frankly, as a Congress, I wish
                                               an administrative action, you have to                   amount.                                                that we could sit down across the aisle
                                               look somewhere else to decrease the                       What in the world? Why would it be                   and we could have dialogue to say:
                                               cost, because by the Constitution, only                 structured that way?                                   What is Congress’s responsibility?
                                               this Congress can actually increase                       No. 1, why would we set up a seques-                 What are the policies that are wise
                                               spending; that is not something the ad-                 tration piece at all as an incentive? No.              policies? And not hand authority to the
                                               ministration has the constitutional au-                 2, why would it be designed in a shape                 White House—Republican or Demo-
                                               thority to do. That is a reasonable                     where it hits defense and not non-                     cratic—and say: Which is good policy
                                               rule.                                                   defense in the way it is actually set up?              that we need to put in place and do
                                                 It puts in this administrative pay-go                 And, No. 3, when there were other op-                  those things? One day, we will get back
                                               to say, if spending is going to increase                tions, like Senator HASSAN and I,                      to that, but that day wasn’t today. And
                                               based on a regulation, it has to de-                    through our proposal to deal with end-                 that is frustrating for me.
                                               crease somewhere else. That sounds                      ing government shutdowns and to get                      I am going to oppose this bill today,
                                               great—until I get to the very end of it,                to actual appropriations, why wouldn’t                 but I want us to be able to keep work-
                                               and it literally says: unless the Direc-                we do something like that that is non-                 ing because we still have work to do, as
                                               tor of the Office of Management and                     partisan, that is simple and straight-                 one side knows as well. I know Con-
                                               Budget considers the additional spend-                  forward to be able to do?                              gress is focused on this today, right-
                                               ing necessary. No restrictions.                           The student loan suspension. There                   fully so. The American people expect
                                                 If it is considered necessary, then                   has been much publicity on the right                   us to get this resolved.
                                               they have an unlimited amount that                      about, well, this ends the student loan                             TULSA RACE MASSACRE
                                               they can do. Even that restriction ac-                  suspensions, except it ends it on July                   Mr. President, can I just tell you a
                                               tually goes away on January 1, 20 days                  30, when President Biden already says                  little heartbeat issue for me? It is June
                                               before President Biden’s term ends, so                  he is ending it on August 30. In fact,                 1. That may not mean a lot of things to
                                               it is not even all the way through the




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       CBO looked at it and said this doesn’t                 a lot of people, but for those of us from
                                               last 3 weeks. Even that restriction goes                save any money at all because it was                   Oklahoma, today is the 102nd anniver-
                                               away. And I can’t figure out why, sud-                  already going away. It doesn’t really                  sary of the worst race massacre in
                                               denly, it gives 3 weeks of home base                    change anything. It literally moves it                 American history.
                                               without a restriction like that. And                    forward a month but doesn’t change a                     It happened in Tulsa, OK, May 31,
                                               why, if we are going to put a restric-                  thing.                                                 overnight, to June 1. And 102 years ago
                                               tion in there, why end it in 2 years any-                 Then there is a work requirement                     today, Greenwood was a smoking heap
                                               way? If it is a good idea, it should be a               process. I have to tell you: I am a big                of rubble after an all-night violence



                                         VerDate Sep 11 2014   00:55 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00016   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.027   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                S1873
                                               and massacre on hundreds of Black                       vesting in keeping America on the cut-                 portunity by scrapping this debt ceil-
                                               Americans in North Tulsa.                               ting edge of clean energy and scientific               ing and taking the threat of default off
                                                 It is a stain on our Nation. It is a                  innovation. We are investing in re-                    the table once and for all. No other
                                               stain on our State.                                     building American manufacturing and                    country handles its credit like this.
                                                 And 102 years later, I hope we still                  bringing industries of the future back                   Hostage-taking is no way to have a
                                               pause and remember as a State and we                    home here to our shores.                               conversation about our Nation’s fiscal
                                               continue to learn the lessons and con-                    I could go on and on.                                future.
                                               tinue to be able to work towards being                    But the point is, the funding deci-                    And let’s be clear. For House Repub-
                                               a more perfect union.                                   sions we make right here in this Cham-                 licans, this never was truly about the
                                                 Today, the Greenwood Rising mu-                       ber are not just numbers on a page.                    debt anyway. Republicans added tril-
                                               seum is open. Folks are coming in and                   They are investments in people, in                     lions to the debt under President
                                               out, talking about what happened 102                    families, in our communities, and, ulti-               Trump through tax giveaways for bil-
                                               years ago. Folks at the John Hope                       mately, in our country’s future. And                   lionaires and giant corporations, but
                                               Franklin Center for Reconciliation are                  they are also crucial to keeping our                   they refuse to even talk about asking
                                               engaging in conversation. There are                     country secure and on the cutting edge                 billionaires to pay at least as much in
                                               community groups all over North                         as competitors like the Chinese Gov-                   taxes as a firefighter or a nurse. They
                                               Tulsa, meeting with people just to be                   ernment work hard to outpace us.                       won’t talk about closing giant loop-
                                               able to talk and to say: What have we                     As we all know, our adversaries are                  holes for Big Oil or Big Pharma. They
                                               learned 102 years later? How can we                     not restricting their investments in                   definitely won’t talk about capping tax
                                               still be better as a Nation still?                      their futures. They are not. And they                  giveaways to the wealthy. Instead,
                                                 We learned a lot. We have grown a                     are not teetering on the verge of ca-                  House Republicans want to give hand-
                                               lot. But it is unfinished business for us.              lamitous default for the sake of par-                  outs to the rich and massive corpora-
                                                 So on June 1, I remind us as a body,                  tisan politics. And, yet, instead of lis-              tions. They want to make life harder
                                               there was a massacre 102 years ago                      tening to people back home, instead of                 for struggling families by cutting the
                                               today. We shouldn’t ignore this mo-                     listening to the flashing red warning                  programs they rely on and make com-
                                               ment to remember how we take trag-                      signs from our competitors, House Re-                  peting globally harder for our Nation
                                               edy to triumph.                                         publicans have been insisting on draco-                by capping our ability to invest in our
                                                 I yield the floor.                                    nian cuts and harmful changes to the                   future. They agreed to raise the debt
                                                 The PRESIDING OFFICER (Mr.                            programs that are a lifeline for strug-                ceiling three times under President
                                               BOOKER). The senior Senator from                        gling families and the lifeblood of our                Trump without batting an eye, but
                                               Washington.                                             global leadership.                                     their tune changes when a Democrat is
                                                 Mrs. MURRAY. Mr. President, first                       House Republicans’ push to slash this                in the White House.
                                               of all, let me acknowledge the final                    funding for key Federal programs is                      President Biden and congressional
                                               comments from the Senator from Okla-                    alarming, and the way they have tried                  Democrats have been clear from the
                                               homa.                                                   to make their cuts is downright reck-                  outset that default is not an option and
                                                 Thank you for making us all pause                     less. We have to be clear about what                   should never have been a threat be-
                                               and remember that important time and                    they have done here. Instead of work-                  cause it would be catastrophic to our
                                               important lessons that we all need to                   ing through the budget and appropria-                  Nation’s economy, to the financial se-
                                               have learned from here. Thank you                       tions process—as we do every year to                   curity of our families, and to the sta-
                                               very much.                                              craft our Nation’s budget and deter-                   bility of the global economy. So I ap-
                                                                 DEBT CEILING                          mine how we spend money—House Re-                      plaud President Biden for his laser
                                                 Mr. President, like so many of my                     publicans just decided they would                      focus on taking default off the table.
                                               colleagues, I spent last week back                      threaten to tank our economy and                         While I know the President has
                                               home hearing from folks in my State.                    force the United States into default to                pushed hard to hold the line on recent
                                               Everywhere I went, I heard from people                  extract partisan concessions. They                     progress and protect vulnerable people
                                               about how the investments that we                       have absolutely not been shy about it.                 who need support and reject the House
                                               make here in Congress actually matter                     We heard from House Republican                       Republicans’ most extreme demands,
                                               in their daily lives; how the funding                   leaders and even the leader of the Re-                 we have to be clear-eyed and honest
                                               that we provide from here helps stu-                    publican Party talk openly about tak-                  about how this bill fails to meet our
                                               dents at Lake Washington Institute of                   ing our economy and the American                       current moment—especially how it will
                                               Technology in Kirkland pursue their                     people ‘‘hostage.’’ That is damning—                   limit our ability now to make the in-
                                               dreams and get a higher education and                   House Republicans admitting to using                   vestments we need to strengthen our
                                               find a good-paying job. It helps entre-                 the full faith and credit of the United                economy and invest in America’s fu-
                                               preneurs in Tacoma start a business                     States of America as a political weap-                 ture.
                                               and grow it from the ground up. It                      on.                                                      I will vote for this legislation be-
                                               helps pregnant moms who rely on the                       Needless to say, that is not how this                cause default is not an option, but I do
                                               Rainier Valley Midwives Center to get                   should work. Negotiating is not one                    so with deep concern and with a deter-
                                               the care they need to have a healthy                    side saying: Give me everything I want                 mination to prevent us from ever being
                                               pregnancy.                                              or else. Negotiating is coming to the                  in this situation again and lessen the
                                                 I saw how our Federal investments                     table saying: Here are my concerns;                    damage of these cuts at every possible
                                               make cutting-edge biomedical research                   here are my principles; here is what I                 opportunity. That can include working
                                               possible at the Allen Institute in Se-                  am hearing from families in my State;                  with the administration and my col-
                                               attle, leading to breakthroughs that                    where can we find common ground?                       leagues to consider a supplemental, but
                                               save lives and give people more time                    That is what people elected us to do.                  that conversation has to consider more
                                               with their loved ones.                                  That is what they sent us here to do.                  than just defense and Ukraine because
                                                 Again and again, I heard about the                      Frankly, that is what I think many                   there are other really important prior-
                                               resources that we send back home pay                    of us here want to do. I have heard                    ities, like border security, disaster re-
                                               off in a truly meaningful way. And it is                from so many of my colleagues about                    lief, and other nondefense items, that
                                               true: The investments we make in our                    their desire to return to regular order,               we should not let be shortchanged.
                                               country are critical. They are critical                 and I have been working with Senator                     This is absolutely not a bill I would
                                               in helping our families succeed; keep-                  COLLINS to do that on the Appropria-                   have written, and the fact that the




SSpencer on DSK126QN23PROD with SENATE
                                               ing our communities safe; and keeping                   tions Committee. But let’s get one                     choice here is between a bill that cuts
                                               our Nation strong, secure, and com-                     thing straight—hostage-taking is not                   resources for American families or
                                               petitive.                                               regular order. It is just not. That is not             trashing the Nation’s credit and caus-
                                                 We aren’t simply spending; we are in-                 the way we should arrive at the top                    ing a global economic meltdown is an
                                               vesting. We are investing in fighting                   lines for our spending bills. And it is                indictment of House Republicans, who
                                               deadly fentanyl and upgrading our                       time we put an end to this dangerous                   decided taking our Nation’s credit hos-
                                               crumbling infrastructure. We are in-                    brinksmanship at the next possible op-                 tage was an acceptable thing to do.



                                         VerDate Sep 11 2014   02:08 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00017   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.029   S01JNPT1
                                               S1874                                             CONGRESSIONAL RECORD — SENATE                                                         June 1, 2023
                                                 Understand that the programs being                       It is this simple: When you have high               even plow further into debt. But the
                                               cut make a real difference in people’s                  rates, you flush more into the Treasury                numbers always win in the long run.
                                               lives. I know that firsthand. I am                      the first couple years. You go from                    We are running trillion-dollar defi-
                                               someone who grew up knowing what it                     whatever the economic growth rate                      cits—both sides of the aisle generating
                                               meant to get by on a tight, tight budg-                 was to something a half to a percent                   them—from the Bush years. We had
                                               et. I had a big family—six brothers and                 and a half lower. When you cut taxes—                  COVID come along. We politically en-
                                               sisters. My dad was a World War II vet-                 and it was getting close; it wasn’t quite              terprised, I think, through 2 years, not
                                               eran. He ran a mom-and-pop store on                     there pre-COVID, the Trump tax cuts—                   recognizing what the real capability of
                                               Main Street, selling everyday goods in                  you are going to deplete revenues the                  our economy would be, and we are in a
                                               Bothell, WA. We never had a lot, but                    first couple years, but then you benefit               pickle.
                                               we always got by, and a lot of times,                   from an economy that is growing more                     I am going to do a little math quiz
                                               that was because our government had                     robustly.                                              here. I did it with a bunch of reporters
                                               our backs.                                                 We know all of that. The missing                    3 months ago. I said: What is 1 percent
                                                 When my dad got sick and was diag-                    link here is that anywhere else, you                   of 30 trillion?
                                               nosed with multiple sclerosis, my mom                   have the rigor of the marketplace.                       Would the Presiding Officer venture
                                               had to figure out how to support seven                  When you are running something, it is                  to make a guess on that?
                                               kids and find a job that would make                     not merciful. If you behave there like                   The PRESIDING OFFICER. I would,
                                               that possible. A Federal workforce                      we do here, you are on the ash heap of                 but I am not allowed to.
                                               training program helped her get a job                   enterprises that just don’t survive in                   Mr. BRAUN. So 1 percent of 30 tril-
                                               as a bookkeeper to keep my family                       the long run. Nowhere else can you                     lion is 300 billion.
                                               afloat. Me and my siblings—all seven of                 borrow up to 30 cents on every dollar                    After 30 seconds of silence, one re-
                                               us—got through college thanks to Fed-                   you spend and expect that to be a good                 porter offered 300 million. I said: You
                                               eral assistance because our government                  long-term business plan.                               are off by a power of a thousand.
                                               invested in Pell grants and other pro-                     I am one—in the time I have been                      That is how abstract these numbers
                                               grams. My family and I had to rely on                   here, I have gotten along with a lot of                become, but they become real over
                                               food stamps for a brief time. We didn’t                 Democrats on passing legislation that                  time when you take interest rates that
                                               go hungry because of Federal invest-                    is practical. We can still do it. But                  have gone up 4 to 5 percent. Now that
                                               ments in nutrition.                                     when it comes to the big agenda items                  you know what 1 percent of 30 trillion
                                                 So I will say it again. The funding de-               in terms of how much you spend, are                    is, try 5 percent. That is 1.5 trillion.
                                               cisions we make right here in this                      you going to have the fortitude to do a                That is what we are going to be pricing
                                               Chamber are not just numbers on a                       real budget, we haven’t done that.                     into our debt that we are incurring.
                                               page; the policy we write and sign into                 Whenever we have had moments of dis-                     The only blueprint out there has
                                               law has a direct consequence on peo-                    cipline with budget caps, sequestra-                   been from the Biden administration—
                                               ple’s lives, and every Member of Con-                   tions, they seem to unravel soon after                 puts us $20 trillion further in debt in
                                               gress needs to recognize that.                          we put them in place.                                  just 10 years. And all this is going to do
                                                 So rest assured I remain very focused                    Again, look at the numbers. We, from                is knock it back to just $18 trillion
                                               on keeping our appropriations process                   the time we were founded until the                     more. That is shameful for future gen-
                                               moving forward here in the Senate,                      year 2000, had very little debt. Most of               erations.
                                               marking up our spending bills in a                      that came after World War II. The                        This institution needs to be healthy,
                                               timely, bipartisan way. I want to make                  ‘‘greatest generation’’ was the deepest                and it needs to live within its means
                                               it clear right here on the Senate floor                 in debt we had ever been historically as               like households do, like local and State
                                               that I will be doing absolutely every-                  a country. They were savers. They were
                                                                                                                                                              governments do, like all businesses do.
                                               thing I can to protect the investments                  investors. They were hard workers.
                                                                                                                                                              Try talking to your banker, running a
                                               that help those families get by and en-                 They paid it off and built the Inter-
                                                                                                                                                              30-percent loss, wanting them to lend
                                               sure that this great country lives up to                state Highway System, the most cap-
                                                                                                                                                              you the money. They would laugh you
                                               its promise, from childcare, to housing,                ital-intensive thing we have ever done
                                                                                                                                                              out of the office before you got into the
                                               to lifesaving research, and more. As                    as a country.
                                                                                                          When you morph into being con-                      details of really what you need. It is a
                                               chair of the Senate Appropriations
                                                                                                       sumers and spenders—that is what                       bad business plan.
                                               Committee, I will be a voice for work-
                                                                                                       Greece did. That is what Italy did.                      I could go on about that, but it has
                                               ing families in my home State and all
                                                                                                       That is what Spain did. That is what                   been happening for now over two dec-
                                               across the country.
                                                 I yield the floor.                                    Portugal was doing until they had to                   ades, both sides of the aisle. The deal is
                                                 The PRESIDING OFFICER. The Sen-                       get back on the wagon. Otherwise, the                  generally made by some on our side of
                                               ator from Indiana.                                      second largest economy in the world                    the aisle who hold defense sacrosanct,
                                                 Mr. BRAUN. Mr. President, I have                      was going to be in trouble. They put                   don’t want to budge at all. The other
                                               been here about 41⁄2 years and come                     basic discipline into their system. They               side views domestic spending as more
                                               from that world where you could never                   spend more through the federal govern-                 important. But we generally work out
                                               do what we do here. When you run a                      ment there than we do, but they pay                    this same deal. But do you know what
                                               business, you are competing. You are                    for it generally. They are not bor-                    the net result is? We are deeper in debt.
                                               earning your revenues. They are not                     rowing it from future generations.                       I did take finance 101. I spent 37 years
                                               given to you like in government. Here,                     We have to find a way as Democrats                  running a business with full competi-
                                               we just have to be smart enough not to                  and Republicans to take the priorities                 tion, the rigor of it, was on a school
                                               spend more than we take in.                             that are important to this country.                    board, and was on ways and means in
                                                 Sadly, when you look—all the data is                  And I haven’t mentioned so far the real                our State government. It can be done.
                                               there historically—we haven’t balanced                  drivers of our structural deficits. That                 We have the printing press in the
                                               the budget since the late 1990s. Over 50                is Social Security; that is Medicare;                  basement; that is the Fed. When they
                                               years, there are some things that are                   that is Medicaid—all programs we want                  take all this fiscal stimulus that we did
                                               just criteria you need to take into con-                to be there, but we want them to be                    and put it on their balance sheet, that
                                               sideration and maybe view as a given.                   solid.                                                 is how you print money. That is a bad
                                                 Our system is built on enterprise,                       Until we get the backbone, the polit-               business plan for future generations.
                                               sound regulation, not overbearing,                      ical discipline, we are going to keep                    I am going to introduce an amend-
                                               taxes that you can pay without being a                                                                         ment called the no-default amendment.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       skirting the rigor that it takes to
                                               wet blanket on the economy. Over 50                     make this thing work long term, and                    We should not be flirting with this year
                                               years, other than 2 or 3 years that hap-                you can expect more of the same. What                  after year when we know it is going to
                                               pened to coincide in the Clinton years                  you are seeing here today is no dif-                   happen anyway, and until we put real
                                               when we balanced the budget, we have                    ferent; it is just punctuated with a lit-              reforms into the system, expect the
                                               never generated more than 18 percent                    tle more drama than normal.                            same.
                                               of our GDP in revenue through the                          We know we have debt ceilings. If we                  The next time we hit the debt ceil-
                                               Federal Government.                                     didn’t have those, we would probably                   ing, when the Treasury says you are



                                         VerDate Sep 11 2014   02:08 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00018   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.030   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                               S1875
                                               entering into extraordinary measures,                   mandatory, and no one ever looks at                    most of the plans that balanced in
                                               that is when the clock starts. My                       them. They go on in perpetuity. This is                years 9 and 10 were basically somebody
                                               amendment—if you can’t get a real                       what drives the deficit.                               fudging the numbers and hoping some-
                                               deal done with reforms addressing the                     Who took them off the table? How                     thing good would happen in year 9 or
                                               things I have talked about, we are                      come there is no discussion of this? Ac-               10, but the only years they actually
                                               going to start paring back this place,                  tually, Republicans took them off the                  had any power over were the first year
                                               and it is going to be across the board,                 table because they feared being criti-                 or two, and there weren’t very many
                                               defense and domestic spending—every                     cized by the Democrats.                                cuts. And they always had unrealistic
                                               30 days, a 1-percent cut. If you are so                   It is being used in the Presidential                 expectations in year 10.
                                               thickheaded that you can’t get it done                  campaign: Let’s not talk about the en-                   So what I have done? I said: Let’s
                                               then, in another 30 days, you do it                     titlements. But that is two-thirds of                  look at 5 years. What would it take?
                                               again. That would put some rigor into                   what gets spent every year. If you                       So about 5 or 6 years ago, I began in-
                                               the process.                                            don’t talk about the entitlements, if                  troducing something called the penny
                                                 But if we are not honest with the                     you don’t talk about mandatory spend-                  plan. And what would it do? It would
                                               public and really address the programs                  ing, you, frankly, are not a serious per-              cut one penny out of every dollar. It
                                               that are dearest to most Americans—                     son, and you will not make a serious                   actually would balance. Actually, the
                                               Social Security, Medicare, Medicaid—                    dent in this problem.                                  first year I did it, I didn’t even cut 1
                                                                                                         So we have taken off the table all                   percent. I froze spending for 5 years,
                                               and quit doing mandatory spending on
                                                                                                       mandatory spending—no discussion of                    and the budget would have balanced.
                                               things that aren’t important, we are
                                                                                                       it. Does this mean they are in good                    But the trick is—or not the trick but
                                               going to run this place into the ditch.
                                                                                                       shape? Is Medicare and Social Security                 the truth is that you have to cut all
                                                 I fear for what my kids and
                                                                                                                                                              spending or freeze all spending. You
                                               grandkids are going to have to deal                     and all these programs in good shape?
                                                                                                                                                              can’t just freeze a sliver of spending.
                                               with, and I think all Americans should                  Heck no, they are not in good shape.                     So people talked about: Oh, there is a
                                               be worried about that. This would be at                 They are all running out of money.                     1-percent trigger on the discretionary
                                               least a start of putting a little bit of                They are headed toward bankruptcy.                     spending. That is $16 billion.
                                               discipline into an undisciplined sys-                     Is anybody brave enough to reform                      They are going to add $4 trillion in
                                               tem.                                                    them? No, not a damn thing is going to                 debt over the next 2 years, and they
                                                 I yield the floor.                                    be done for any of them. But when you                  say: ‘‘But by golly, we might save $16
                                                 The PRESIDING OFFICER. The Sen-                       take them off the table—take all the                   billion,’’ which even that is not going
                                               ator from Kentucky.                                     entitlement spending off the table and                 to happen because the trigger isn’t
                                                                 DEBT CEILING                          do nothing about it, now we are down                   real, doesn’t have muscle, and will be
                                                 Mr. PAUL. Mr. President, our na-                      to one-third of the budget. So now you                 evaded.
                                               tional debt now stands at about $32                     are going to try to do budgetary re-                     But the thing is that if we were to
                                               trillion.                                               form, while excluding two-thirds of the                balance the budget over 5 years, what
                                                 How did we get here? Whose fault is                   spending, on one-third.                                would happen is there now needs to be
                                               it? Republicans? Democrats?                               But it is worse than that. The one-                  about a 5-percent cut of all the spend-
                                                 Well, the answer is, yes, both parties                third they call discretionary spending.                ing each year for 5 years and then the
                                               are at fault for different reasons. Re-                 It is about $1.6 trillion. Half of that is             budget would balance.
                                               publicans come to this floor and will                   military. So they took that off the                      You say: Well, isn’t that just a num-
                                               come to this floor today saying: We                     table.                                                 ber? What would that mean to real peo-
                                               need unlimited military spending.                         So    mandatory      spending—entitle-               ple? Why do I care whether the budget
                                                 And Democrats will come to this                       ments—is going up 5 percent under this                 is balanced?
                                               floor and say: We need unlimited wel-                   deal because that is what it has been                    Well, go to the grocery store, go to
                                               fare spending.                                          doing for years and years. It is going                 buy gas, go to buy anything, go to pay
                                                 And guess what happens. They com-                     up 5 percent. The military is going up                 your rent, look at your cost of living
                                               promise.      People    say   Washington                3 percent.                                             and look at what inflation is doing to
                                               doesn’t compromise. They compromise                       So what is left? What are we left                    you.
                                               all the time. That is what this debt                    looking at? We are looking at one-sixth                  Who does inflation hurt the worst?
                                               deal that is before us is, a compromise.                of the budget, somewhere between 15                    Those on fixed incomes and those of
                                               But the compromise is always to spend                   and 20 percent—a small sliver of the                   the working class because they don’t
                                               more money.                                             budget. It is called nonmilitary discre-               have extra expendable income. Most of
                                                 How do we know that? The debt deal                    tionary, and they think we are going to                their income goes to things that they
                                               that has been crafted by Biden and                      do some type of fiscal reform on that                  have to purchase each month.
                                                                                                                                                                But where does inflation come from?
                                               MCCARTHY is an unlimited increase in                    small sliver of government.                              The Senator from Indiana described
                                               the debt ceiling. Historically, when we                   Well, guess what. You can’t do it.
                                                                                                                                                              it accurately. We run a debt. This place
                                               raise the debt ceiling, it would be $100                You can eliminate all of the non-                      spends money we don’t have, and where
                                               billion or $200 billion or—God forbid—                  military discretionary money. Leave                    is the deficit made up for? We sell that
                                               $1 trillion. It was a dollar amount.                    the mandatory in place. Leave the                      debt to the Federal Reserve. The Fed-
                                                 This debt ceiling will go up until                    military in place. Increase them.                      eral Reserve buys it. And it is like:
                                               January 2025. How many dollars will be                  Eliminate all this other chunk of                      Wow, this is a great system. We spend
                                               borrowed? As many as they can pos-                      money, and you still never balance the                 money we don’t have. We print up
                                               sibly shovel out the door. It will be                   budget.                                                these things called Treasury bills. The
                                               how much money can you shovel out                         There was a time when there was a                    Federal Reserve comes over and buys
                                               the door until January 2025. That is                    conservative movement, and the con-                    them. Wow. We can just do anything
                                               how much we will spend. Is there a dol-                 servative movement had a voice in                      we want. We have the printing press.
                                               lar amount? No. How much can you                        Washington. There is still some voice                  But when they create new money and
                                               shovel it out and how fast can you                      but not much. But there was a time                     that new money enters into circula-
                                               shovel it out? There will be no re-                     when people on the conservative side of                tion, that is inflation.
                                               straint from this debt deal.                            this said: Well, in order to be a                        Inflation is an increase in the money
                                                 There is a pretense. There is a play-                 thoughtful, rational, realistic, strong                supply, and when you increase the
                                               ing around the edges as if, oh, there                   response to the budget deficit, you




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              money supply and you chase the same
                                               might be a cut here or there might be                   would have to balance your budget in 5                 amount of goods, you are going to
                                               a cut there.                                            years. In fact, we voted on a constitu-                chase the prices right up. That is where
                                                 There are no cuts. Why? Two-thirds                    tional amendment in this body, and                     inflation comes from.
                                               of your spending is entitlement spend-                  every Republican voted for it. But it                    So the debt is not just a number. The
                                               ing. The on-budget entitlement spend-                   said you had to balance in 5 years.                    debt is about the value of your pay-
                                               ing is Medicare, Medicaid, food stamps,                   Why 5 years? Well, because most of                   check. It is about how far your pay-
                                               and other programs. They are called                     the plans that lasted longer than that,                check goes.



                                         VerDate Sep 11 2014   02:08 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00019   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.031   S01JNPT1
                                               S1876                                             CONGRESSIONAL RECORD — SENATE                                                         June 1, 2023
                                                 So right now we are in a bit of a spi-                  If you look at the stock market for                    Democrats look at Republicans and
                                               ral. We have had 9 percent inflation. It                the last 100 years, some people will                   say: No, no, no. Don’t cut our pro-
                                               is a little lower now, but we have had                  point to 7 different days in which like                grams. Cut yours.
                                               as high as 9 percent, and I think the                   80 or 90 percent of the downturn oc-                     Everybody is ‘‘Don’t cut mine, cut
                                               cost of living increase for Social Secu-                curred in 7 days in the last century.                  yours.’’
                                               rity went up 9 to match that. But you                     Is there a possibility of calamity                     That is why I have taken the ap-
                                               will actually find people who say: You                  when we are so destructive to our dol-                 proach and continue to take the ap-
                                               know, even with the 9-percent increase,                 lar, when we are so destructive to good                proach that we cut everything across
                                               I still can’t buy everything I need. I am               sense?                                                 the board. In the past, there were al-
                                               actually still being squeezed.                            I think the American people want                     ways conservatives who said: Let’s get
                                                 But it is a bait and switch. It is be-                more from us. Recent polls have said 60                rid of Public Television. Let’s get rid of
                                               cause your government isn’t honest                      percent of Americans say don’t raise                   ‘‘Sesame Street’’ and Big Bird, and
                                               with you. If your government wanted                     the debt ceiling without significant re-               they would get so much grief over that.
                                               to be honest with you, and they say:                    form. Forty-three Republicans—forty-                   It is like, why do that? You are not bal-
                                               We are going to be everything to every-                 four of us, actually, said: We want sig-               ancing the budget over Big Bird. Take
                                               one, and we are going to give you                       nificant reforms before we raise the                   1 percent of Big Bird’s budget. Take 1
                                               stuff—it is funny because we have this                  debt ceiling.                                          percent of everybody’s budget.
                                               comparison sometimes with Sweden.                         But then the devil is in the details.                  What would that bring about? It
                                               People say and many Democrats will                      The devil is in concluding what is sig-                would bring about more conservation
                                               say: We want to be Sweden. We want to                   nificant and what is not significant. So               of the dollar. It would bring about
                                               be Sweden, and we are going to give                     what will end up happening—my pre-                     more restraint and more reform.
                                               you everything. And we are going to                     diction here—is almost every Democrat                    I will end with this. People ask:
                                               have a big government that coddles                      will vote to raise the debt ceiling and                Where would you cut? I would say ev-
                                               you from cradle to grave.                               about half the Republicans will vote. It               erywhere. But I can give you on the tip
                                                 But do you know how they do it in                     will be a 75–25 vote, and in the end, the              of my hand, ridiculous stuff that
                                               Sweden? With a balanced budget. I am                                                                           should have a 100 percent cut, but it is
                                                                                                       debt ceiling will go up.
                                               not advocating we become Sweden, but                      The people will say: It is good. We                  never cut, and it goes on and on. In the
                                               they balance their annual budget every                  didn’t have a calamity. The stock mar-                 early 1970s, William Proxmire, a con-
                                               year.                                                   ket didn’t crash because we didn’t pay                 servative Democrat, pointed out that
                                                 Do you know how they got to have                                                                             the National Science Foundation was
                                                                                                       our debt.
                                               all that free stuff to give everybody,                    But you might want to ask yourself:                  spending $50,000 to study what makes
                                               how they have a safety net that in-                     Is this really a contrived controversy?                people fall in love. Now that is a bet-
                                               cludes everything including college,                                                                           ter, I think, topic for Cosmopolitan
                                                                                                       Is there really a reason in which we
                                               free healthcare, everything? They tax                                                                          magazine than it is for a government
                                                                                                       would ever default? Is there a reason
                                               everybody an enormous amount of tax.                                                                           study.
                                                                                                       why we wouldn’t make our interest                        Nowadays, it has gone up. We spent a
                                                 Over here the bait and switch is they
                                                                                                       payment? We bring in $5 trillion, and                  million dollars having young people
                                               will say: We are just going to tax the
                                                                                                       our interest payment is $500 billion.                  take selfies of themselves while smil-
                                               rich people. It is easy. Just tax the rich
                                                                                                         So that would be like you make                       ing and then looking at it later in the
                                               people.
                                                 They don’t do that in Sweden,                         $100,000, and your mortgage payment is                 day to see if looking at pictures of
                                               though. In Sweden, they tax every-                      $10,000. If you made $100,000 and your                 yourself smiling makes you a happier
                                               body. It is a 60-percent income tax be-                 mortgage payment is $10,000, is there                  person. That cost you a million bucks.
                                               ginning at $60,000 a year. Everybody                    any chance you would ever default? Is                    We spent $11⁄2 million studying the
                                               pays. The middle class pays.                            there any reason you wouldn’t cut your                 mating call of the Panamanian frog to
                                                 So if we wanted to be to honest and                   other expenditures to prioritize your                  see if the mating call of the country
                                               we were to say, ‘‘We are going to give                  interest so you don’t get kicked out of                frogs is different from the city frogs.
                                               you this massive safety net. You don’t                  your house? That is what every Amer-                     We spent nearly a million dollars
                                               have to work. Everybody can have a                      ican family would do, but we don’t do                  studying the Japanese quail to see if
                                               basic income, and do all this,’’ we                     it up here.                                            they are more sexually promiscuous
                                               would be honest or we should be honest                    So we threaten default. We scare the                 when they are on cocaine. I think we
                                               and say it would take massive taxes.                    markets and say: Oh, no, we will de-                   could have just polled the audience on
                                                 Instead, there is a dishonesty, but                   fault if the debt ceiling doesn’t come                 that one.
                                               the dishonesty is on both sides of the                  up.                                                      This is the kind of ridiculous stuff—
                                               aisle. The Democrats say that welfare                     No, we would default only if we re-                  but does it get better? I complain
                                               is free and the safety net is free and                  fused to cut spending. So we spend a                   about this every year and all the time
                                               Social Security is free and all these                   trillion dollars more than comes in                    and everybody shakes their head and
                                               things are free.                                        every year. That is the problem.                       says: No way. Why are we doing that?
                                                 What do the Republicans say? The                        If we simply said: We are going to                   For the National Science Foundation,
                                               military industrial complex is free.                    pay the $500 billion, 10 percent of our                we increased their budget 50 percent
                                               You can have all the weapons you                        revenue for next year. We are going to                 last year. People said: Oh, we have to
                                               want. You can give hundreds of billions                 pay the interest no matter what. And                   compete with China. So let’s give the
                                               of dollars of weapons to Ukraine, and it                guess what. We will tell the market-                   National Science Foundation more
                                               won’t cost anything because we will                     place we are never going to default. We                money.
                                               just print it up.                                       are never going to default. We will al-                  We almost increased their budget by
                                                 See, there were times in our history                  ways do that. That would be great. The                 50 percent—the people who are study-
                                               when you went through a war or with                     market would go gangbusters and say:                   ing why you go on dates, why you are
                                               the devastation of war in World War II,                 We no longer have to worry about                       happy, what the male frog’s mating
                                               the people actually suffered, and you                   those knuckleheads. They finally de-                   call is. This is the craziness, but it
                                               could see the suffering and people felt                 cided they would pay their interest,                   never gets better because we always
                                               like they had to pay something. But                     and they always will.                                  spend more money.
                                               now we just put it on the tab.                            Then what would happen?                                So my amendment would do this: My
                                                 But there is a point at which the tab                   Well, we wouldn’t have enough                        amendment would reduce the spending




SSpencer on DSK126QN23PROD with SENATE
                                               gets so large that there can be some-                   money for everything. So then we                       in real terms. We would actually spend
                                               thing precipitous happening. The ques-                  should look at where we can save                       less money next year than last year. It
                                               tion has always been, Is this a gradual                 money.                                                 would be a 5-percent reduction in
                                               problem where we will just have to deal                   The problem has always been this.                    money. You would spend less each
                                               with a little inflation, 5 or 10 percent                Republicans point at Democrats and                     year, and, over 5 years, you would bal-
                                               here, or is there a point at which there                say: We don’t like your programs. Let’s                ance your budget. Then it would be on
                                               is a calamity?                                          cut your programs.                                     course to balance.



                                         VerDate Sep 11 2014   02:08 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00020   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.033   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                 S1877
                                                 People ask: Who can do this?                          review process, timelier Fish and Wild-                tinuing to prevent the project from
                                                 Half of Europe does it. Sweden bal-                   life Service reviews, and improvements                 moving forward.
                                               ances their budget. Germany balances                    to the Clean Water Act are all very im-                  We have become all too familiar with
                                               their budget. Over half of the countries                portant.                                               the Fourth Circuit’s blocking of key
                                               in Europe run on an annual balanced                        I introduced the RESTART Act last                   projects. The same panel that has re-
                                               budget.                                                 month with a number of my EPW Re-                      jected nearly all of the State and Fed-
                                                 Our profligacy and our spending are                   publican colleagues to address those                   eral approvals for the Mountain Valley
                                               catching up to us. I say we act now. I                  issues, and I will continue to work in a               Pipeline brought before it took similar
                                               recommend a ‘‘yes’’ vote on my amend-                   bipartisan way to see additional re-                   actions to vacate State and Federal ap-
                                               ment.                                                   forms enacted into law.                                provals for the now canceled Atlantic
                                                 The PRESIDING OFFICER. The Sen-                          Today’s legislation is a positive step              Coast Pipeline.
                                               ator from West Virginia.                                on permitting reform. Again, I want to                   Project sponsors for the Atlantic
                                                 Mrs. CAPITO. Mr. President, I rise                    thank Congressman GRAVES and Chair-                    Coast Pipeline appealed one of the
                                               today to discuss the importance of                      man WESTERMAN for their efforts to get                 Fourth Circuit’s four adverse rulings
                                               both the permitting sections and the                    us to this point.                                      against that project all the way to the
                                               provision to expedite the completion of                    Mr. President, the Mountain Valley                  Supreme Court. The Supreme Court re-
                                               the Mountain Valley Pipeline that are                   Pipeline is a prime example of an im-                  versed the Fourth Circuit in a 7-to-2
                                               included in the Fiscal Responsibility                   portant project that has faced senseless               opinion that was written by Justice
                                               Act.                                                    delays, mostly as a result of litigation               Thomas and joined not only by Repub-
                                                 I want to commend Speaker MCCAR-                      filed by anti-natural gas activists at                 lican-appointed Justices but also by
                                               THY and House Republicans for negoti-                   the U.S. Court of Appeals for the                      Justices Ginsburg and Breyer. Despite
                                               ating legislation that makes respon-                    Fourth Circuit.                                        winning at the Supreme Court, the At-
                                               sible reductions in government spend-                      This project has undergone numer-                   lantic Coast Pipeline was canceled
                                               ing while avoiding a government de-                     ous—numerous—environmental            re-              amid the threat of continuing litiga-
                                               fault.                                                  views and has received approvals from                  tion and permitting challenges.
                                                 Included in this legislation are key                  multiple Federal Agencies both under                     Activists are using the same play-
                                               elements of the BUILDER Act permit-                     the Trump and the Biden administra-                    book at the Fourth Circuit to try to
                                               ting reform proposal, which was cham-                   tions. These include actions from the                  stop the Mountain Valley Pipeline.
                                               pioned     by    Congressman      GARRET                Federal Energy Regulatory Commis-                      This is a pipeline that will result in $40
                                               GRAVES and by House Natural Re-                         sion, better known as FERC; the U.S.                   million in tax revenue and $150 million
                                               sources Chairman BRUCE WESTERMAN.                       Forest Service; the Bureau of Land                     in royalty payments in West Virginia
                                               The bill represents a positive first step               Management; the U.S. Fish and Wild-                    annually once it is completed. The
                                               in improving the permitting projects                    life Service; the U.S. Army Corps of                   project will open markets to West Vir-
                                               for all kinds of projects.                              Engineers; the West Virginia Depart-                   ginia’s natural gas, providing good-
                                                 By amending the National Environ-                     ment of Environmental Protection; and                  paying jobs not just in my State, and
                                               mental Policy Act for the first time                    the Virginia Department of Environ-                    enhancing our Nation’s energy security
                                               since 1982, we will help projects of all                mental Quality. These are Agencies                     and our own national security.
                                                                                                                                                                Given the project’s benefits and given
                                               types whether we are talking about a                    that have already approved the con-
                                                                                                                                                              approvals from State and Federal regu-
                                               road, a bridge, a transmission line, a                  struction of this pipeline.
                                                                                                                                                              lators across multiple administrations
                                               renewable energy project, a pipeline, or                   Given the multiple actions by Fed-
                                                                                                                                                              from both parties, I do not believe that
                                               a port. Simply put, a project shouldn’t                 eral and State environmental agencies’
                                                                                                                                                              a handful of judges should have the
                                               take longer to permit than it takes to                  approving this project, assertions that
                                                                                                                                                              final say.
                                               build, and that should be true regard-                  this project has not gone through ade-                   This legislation will ratify approvals
                                               less of what type of project is under                   quate environmental review are just                    issued under the Biden administration
                                               consideration.                                          plain wrong. Both the Trump and                        from the U.S. Forest Service, the Bu-
                                                 This legislation will impose statu-                   Biden administrations have expressed                   reau of Land Management, and the
                                               tory deadlines on the completion of en-                 support for this project. Secretary of                 Fish and Wildlife Service, along with
                                               vironmental impact statements and en-                   Energy Jennifer Granholm recently                      approval from the Federal Energy Reg-
                                               vironmental assessments.                                sent a letter to FERC endorsing the                    ulatory Commission. These documents
                                                 It will streamline the review process                 project.                                               will be insulated from judicial review
                                               with threshold language that tells                         The Mountain Valley Pipeline is 95                  to prevent further delays.
                                               Agencies when various levels of review                  percent complete and would be finished                   Additionally, this bill requires the
                                               are necessary.                                          today if it weren’t for the rulings by                 Army Corps of Engineers to issue nec-
                                                 It allows Agencies to share categor-                  the Fourth Circuit that have stayed or                 essary project permits, including that
                                               ical exclusions for similar projects, be-               vacated multiple approvals granted by                  404 permit I talked about earlier, with-
                                               cause multiple Agencies should not                      Federal and State environmental regu-                  in 21 days. Both Virginia and West Vir-
                                               have to do the same work twice. It                      lators. The Fourth Circuit has acted                   ginia environmental regulators have
                                               makes sense.                                            nine times with respect to the Moun-                   issued necessary certifications for this
                                                 By placing the One Federal Decision                   tain Valley Pipeline. On eight of those                permit, but the Fourth Circuit has de-
                                               policy into the NEPA statute, this leg-                 nine occasions, the court has either                   layed further permitting action by
                                               islation will allow project sponsors to                 stayed or vacated an approval from a                   vacating West Virginia’s certification.
                                               work with a single lead Federal Agen-                   Federal or a State agency.                               This legislation makes it crystal
                                               cy.                                                        Only once did the court uphold an ap-               clear that Congress expects the Moun-
                                                 Most of those listening probably                      proval for this project, and that was                  tain Valley Pipeline to be completed,
                                               thought that that was what was hap-                     when the court upheld water quality                    consistent with the previously ap-
                                               pening anyway. But, no, all of these                    certifications from the State of Vir-                  proved environmental documents.
                                               different Agencies were giving all indi-                ginia, under section 401 of the Clean                    I have consistently fought for com-
                                               vidual opinions.                                        Water Act. But, within days of that                    monsense reforms so that we can actu-
                                                 If we want to build things in this                    opinion, the same Fourth Circuit panel                 ally ensure that we can build here in
                                               country, we should not force project                    vacated similar 401 water quality cer-                 America, including key projects such
                                               sponsors to bounce back and forth from                  tifications from the State of West Vir-                as the Mountain Valley Pipeline. It is




SSpencer on DSK126QN23PROD with SENATE
                                               one Agency to the next, often facing                    ginia.                                                 my hope that permitting reforms—both
                                               litigation at every step. It is just sim-                  Because certification from both                     the provisions that are in this bill and
                                               ply common sense to allow project                       States is necessary to allow the Army                  those that we should consider in the fu-
                                               sponsors to work with one lead Agency.                  Corps of Engineers to issue a required                 ture—will allow projects to be ap-
                                                 More work is needed beyond this bill                  404 permit for the Mountain Valley                     proved and constructed in an efficient
                                               to fix our broken process for permit-                   Pipeline, vacating certification from                  manner that does not require congres-
                                               ting projects. Reforms to the judicial                  one State has had the effect of con-                   sional intervention.



                                         VerDate Sep 11 2014   02:08 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00021   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.035   S01JNPT1
                                               S1878                                             CONGRESSIONAL RECORD — SENATE                                                         June 1, 2023
                                                 It also should be pointed out and em-                 Water Act does not apply to the wet-                   Act with a broad reach to ‘‘address a
                                               phasized that this does not mean that                   lands of the Sacketts’ property, but                   problem of ‘crisis proportion.’ ’’ Al-
                                               any environmental regulation that is                    they disagreed with the majority’s rea-                though the majority disagrees with
                                               put forward is ever shortchanged or                     soning.                                                that decision, she wrote, it cannot ‘‘re-
                                               overlooked. That is not the point here.                    In an opinion joined by the three lib-              write Congress’s plain instructions be-
                                                 On occasions when the process fails                   eral Justices, Justice Kavanaugh con-                  cause they go further than’’ the Court
                                               projects of significant regional and na-                tended that ‘‘[b]y narrowing the Act’s                 would like. But that is precisely what
                                               tional interest, we have the authority                  coverage of wetlands to only adjoining                 the majority did here, she concluded,
                                               and the responsibility as elected Rep-                  wetlands, the Court’s new test will                    just as it did last year when it cur-
                                               resentatives to step in and ensure a                    leave some long-regulated adjacent                     tailed the EPA’s authority to regulate
                                               project is allowed to proceed.                          wetlands no longer covered by the                      greenhouse gas emissions from power
                                                 I yield the floor.                                    Clean Water Act, with significant re-                  plants.
                                                 The PRESIDING OFFICER (Mr.                            percussions for water quality and flood                   Sackett is the latest in an alarming
                                               FETTERMAN). The Senator from Mary-                      control throughout the United States.’’                series of rulings to undercut the Agen-
                                               land.                                                      Justice Kavanaugh specifically noted                cy’s mission to protect human health
                                                               CLEAN WATER ACT                         that the health of the Chesapeake Bay                  and the environment. This one happens
                                                 Mr. CARDIN. Mr. President, I rise to                  would be at risk under the Court’s new                 to hit especially close to the statutory
                                               express my disappointment in the re-                    test. Our national treasure—the largest                home of the Chesapeake Bay program
                                               cent U.S. Supreme Court decision to                     estuary in the country—was one of two                  partnership.
                                               curtail the Clean Water Act, the prin-                  examples given, along with efforts to                     For now, to assert jurisdiction over
                                               cipal law governing pollution control                   control flooding along the Mississippi                 an adjacent wetland under the Clean
                                               and water qualities of our Nation’s wa-                 River.                                                 Water Act, a party must establish
                                               terways.                                                   In its opinion, the majority claims                 ‘‘first, that the adjacent [body of water
                                                 The narrow interpretation now sup-                    that the Clean Water Act repeatedly                    constitutes] . . . ‘water[s] of the United
                                               ported by the highest Court will re-                    uses ‘‘waters’’ in contexts that confirm               States’ [i.e., a relatively permanent
                                               move Clean Water Act protection for                     the term refers to bodies of open water.               body of water connected to traditional
                                               the majority of wetlands in the United                  Despite this convenient fallacy, the                   interstate navigable waters]; and sec-
                                               States.                                                 waters of the Bay are by no means lim-                 ond, that the wetland has a continuous
                                                 Let me just repeat that. Wetlands—                    ited to open water. In fact, the Chesa-                surface connection with that water,
                                               we all know how important that is to                    peake Bay receives half of its water
                                                                                                                                                              making it difficult to determine
                                               water quality in America. We know                       from a network of 110,000 streams and
                                                                                                                                                              whether the ‘water’ ends and the ‘wet-
                                               that wetlands act as a sponge for run-                  1.7 million acres of wetlands, most of
                                                                                                                                                              land’ begins.’’
                                               off. It traps pollution that otherwise                  which are non-navigable tributaries                       This arbitrary new definition strikes
                                               would end up in our waterways. And it                   and nontidal wetlands that drain to                    at the heart of the Chesapeake Bay
                                               is critically important to our habitat.                 those tributaries.
                                                                                                                                                              Program—science-based decision mak-
                                                                                                          The watershed’s roughly 1.5 million
                                               This narrow interpretation will remove                                                                         ing.
                                                                                                       acres of wetlands are critical to restor-
                                               protection from a majority of wetlands                                                                            Moreover, as Justice Kavanaugh
                                                                                                       ing the Chesapeake Bay in its tribu-
                                               in the United States.                                                                                          notes, the Court’s new test ‘‘is suffi-
                                                                                                       taries across six States and the Dis-
                                                 At a time of rightly intense atten-                                                                          ciently novel and vague’’ that it will
                                                                                                       trict of Columbia.
                                               tion to avoiding a default crisis, this                    Wetlands are essential to water qual-               create precisely the type of regulatory
                                               attack on clean water protection must                   ity. They trap pollutants that are run-                uncertainty that the majority roundly
                                               not escape notice.                                      ning off farmland, suburban parking                    criticized.
                                                 This past weekend, we honored the                     lots, and city streets before they can                    The decision muddies the waters for
                                               sacrifices of our military servicemem-                  reach the 111,000 miles of local streams,              a clear, workable waters of the United
                                               bers. Often, these celebrations of the                  creeks, and rivers that empty into the                 States definition. After years of uncer-
                                               lives and legacies of our fallen soldiers               Bay.                                                   tainty, the rule of the final ‘‘Revised
                                               and their loved ones take place outside                    Entering the Atlantic hurricane sea-                Definition of ‘Waters of the United
                                               in community green spaces. Our parks                    son, it is worth noting that wetlands                  States’ ’’ rule the EPA and U.S. Army
                                               need clean water.                                       also protect flood-prone communities                   Corps announced in December estab-
                                                 The Sackett v. EPA decision is detri-                 by absorbing storm surges and flood                    lished a clear and reasonable defini-
                                               mental to national parks, where two-                    waters like sponges. Wetlands also                     tion.
                                               thirds of park waters are already im-                   mitigate slow onset climate change ef-                    The commonsense approach the EPA
                                               paired with much of this pollution                      fects like sea level rise and ‘‘sunny                  must now defend recognizes that pollu-
                                               linked to out-of-park upstream activi-                  day’’ flooding that threatens lives,                   tion upstream can have downstream
                                               ties.                                                   businesses, and properties in water-                   impacts, so we must protect the sys-
                                                 Under the Sackett decision issued on                  front cities like Annapolis.                           tem to safeguard downstream commu-
                                               May 25 of this year, a slim majority of                    Maryland, Pennsylvania, and Vir-                    nities in our environment.
                                               the Court, led by Justice Alito, incor-                 ginia have State regulations that could                   The rule this opinion invites oppo-
                                               rectly concluded that the Clean Water                   offer backstop coverage for wetlands                   nents to challenge also maintained
                                               Act extends only to wetlands that have                  that are adjacent to, but not adjoining,               longstanding Clean Water Act permit-
                                               a continuous surface connection with                    the Bay and its covered tributaries                    ting exceptions for routine farming and
                                               waters of the United States.                            EPA can no longer protect. But we                      ranching activities. Basically, com-
                                                 This result does not mean the Court                   should not be abdicating this shared re-               plied to what we thought the rule was
                                               unanimously endorsed this new test. In                  sponsibility just to our States. Nation-               before the Supreme Court decisions al-
                                               fact, this decision was, to put it mildly,              wide, more than 111 million acres of                   most a decade ago.
                                               complicated. Justice Thomas filed a                     wetlands and the ecosystem services                       In addition to the indirect costs of
                                               concurring opinion, in which Justice                    they provide are estimated to face the                 regulatory uncertainty, the loss of
                                               Gorsuch joined. Justice Kagan filed an                  essential threat from the loss of Fed-                 clean water protections will have sig-
                                               opinion concurring in the judgment, in                  eral protections.                                      nificant economic consequences for
                                               which Justices Sotomayor and Jackson                       Justice Kagan also wrote a brief                    outdoor recreation, which supports $788
                                               joined. Justice Kavanaugh filed an                                                                             billion in consumer spending and more




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       opinion of her own, joined by Justices
                                               opinion concurring in the judgment, in                  Sotomayor and Jackson, in which she                    than 5 million jobs in the United
                                               which Justices Sotomayor, Kagan, and                    criticized what she characterized as                   States annually. Wetlands do not just
                                               Jackson joined.                                         ‘‘the Court’s appointment of itself as                 provide habitat for wildlife and trail
                                                 Put another way, four members of                      the national decision-maker on envi-                   and fisheries that enhance outdoor rec-
                                               the       Supreme        Court—Justices                 ronmental policy.’’                                    reational opportunities; they also clean
                                               Sotomayor, Kagan, Kavanaugh, and                           In her view, which I share, Congress                water for farmers that drive our econ-
                                               Brown Jackson—agreed that the Clean                     deliberately drafted the Clean Water                   omy through production of food.



                                         VerDate Sep 11 2014   02:08 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00022   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.036   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                 S1879
                                                 In order to protect our resources in                  take people’s land, you ought to do it                 enabled to take land and build a pipe-
                                               our new reality, we must enforce the                    carefully after significant deliberation.              line but only then. We shouldn’t short-
                                               Federal authorities left that protect                     So since the 1930s, there has been a                 en it and give one project a green light.
                                               clean water, support States strength-                   pipeline permitting process that has re-                  This is ultimately about Virginians
                                               ening their own laws and regulations,                   quired for an interstate pipeline—first                who care about their land. They don’t
                                               and take action to restore protections.                 a determination by the Federal Energy                  want to give up their land for this pipe-
                                               In addition, clean water infrastructure                 Regulatory Commission that there is a                  line because they don’t think they will
                                               grant programs such as the Clean                        need for the pipeline, the gas pipeline,               benefit from it.
                                               Water State Revolving Fund and non-                     and then once that determination is                       Sometimes a county will take some-
                                               regulatory coastal habitat restoration                  made, a separate determination has to                  one’s land to build a road, and even if
                                               programs like the Coastal Program                       be made about what is the best route                   you are not happy about that, at least
                                               offer resources to support States,                      for the pipeline.                                      there is a road. You can have an ambu-
                                               Tribes, and NGOs, restoring wetlands                      Once those determinations are made,                  lance get to your house or your kid can
                                               in their own best interests.                            you are able to take private land to                   go out and catch a schoolbus on it. But
                                                 Water pollution has never respected                   build a pipeline even though those                     a pipeline of this kind that is transmit-
                                               political boundaries. Our constituents                  landowners will never benefit at all                   ting gas from one part of the country
                                               all rely on clean water for drinking,                   from having a pipeline cross their prop-               to the other—people can’t hook into it
                                               swimming, fishing, irrigation, and                      erty.                                                  to get low-cost natural gas. Many of
                                               more. I urge my colleagues to consider                    Then, additionally, the permitting                   the communities in Virginia that this
                                               the seriousness of this setback and let                 process isn’t just about building, but it              pipeline will run across don’t even have
                                               us work together to mitigate the dam-                   is about holding the developer to strict               natural gas distribution to their com-
                                               age of this decision.                                   standards so that when they build the                  munities. It might have some effect
                                                 I suggest the absence of a quorum.                    pipeline, they minimally disturb the                   upon global gas prices, but that won’t
                                                 The PRESIDING OFFICER. The                            land, they minimally affect species,                   affect somebody who doesn’t have gas
                                               clerk will call the roll.                               and they minimally affect creeks and                   service to their home.
                                                 The senior assistant legislative clerk                streams and river crossings.                              So my Virginians just want to be
                                               proceeded to call the roll.                               The Mountain Valley Pipeline is pro-                 sure that if this pipeline is built, it has
                                                 Mr. KAINE. Mr. President, I ask                       posed to go about 110 miles through the                met the requisite standards of the re-
                                               unanimous consent that the order for                    poorest part of my State—Appalachia.                   view agencies, both State and Federal,
                                               the quorum call be rescinded.                           In the Appalachian region of Virginia,                 and it has withstood any court chal-
                                                 The PRESIDING OFFICER. Without                        a lot of people don’t have very much.                  lenges.
                                               objection, it is so ordered.                            For many of them, their land is what                      This is a pipeline project that has
                                                                 DEBT CEILING                          they have, and for many of them, that                  been underway for a while. I know the
                                                 Mr. KAINE. Mr. President, I rise to                   land has been in their family for gen-                 proponents of this provision will say it
                                               speak about a provision of the debt                     erations. They are entitled to a fair                  has just been going on too long. But
                                               ceiling deal that I will later today offer              process that would look at the need for                one of the reasons it has been going on
                                               an amendment so that we can remove                      the pipeline and what is the best route                for a while is because the company was
                                               it. It is the provision dealing with the                and then would insist that the pipeline                slipshod in a lot of its operations and
                                               Mountain Valley Pipeline.                               be built to a high standard to maxi-                   construction, particularly early in the
                                                 I appreciate the hard bipartisan work                 mally protect their property.                          life of this project. I do believe the
                                               that has been done to put together a                      Congress has made a decision that                    company has better management now,
                                               deal. And the deal has things I like and                this is not to be decided by Congress.                 but the project has been cited for doz-
                                               things that I don’t like. That is the na-               Pipeline routing, pipeline need is not                 ens and dozens of Clean Water Act vio-
                                               ture of any deal that is struck between                 to be determined by Congress. Instead,                 lations and other construction prob-
                                               Houses of Congress controlled by dif-                   you put it in administrative agencies.                 lems that have led to mudslides on peo-
                                               ferent parties.                                         Why do you do that? It is because, A,                  ple’s property. That is why my Vir-
                                                 It would have been my intention to                    they have expertise, and B, it is less                 ginia constituents are so desiring that,
                                               be a supporter of the deal despite its                  likely to be abused.                                   let’s do this the right way or let’s not
                                               imperfections. However, a provision                       If you were to let Congress do pipe-                 do it at all.
                                               was added to the deal to green-light a                  line deals, it would be pretty easy for                   The provision in this bill not only
                                               pipeline project that goes through two                  somebody to look at a map and say:                     frustrates these Virginia landowners
                                               States: West Virginia and my Common-                    Well, this county never voted for me.                  who want to make sure that if their
                                               wealth of Virginia.                                     Why don’t we run it through that coun-                 land is going to be taken, it is done in
                                                 It was struck without any consulta-                   ty and take their land?                                a fair way after deliberate consider-
                                               tion with either of the Virginia Sen-                     Instead, we remove it from Congress                  ation, but it also does something that
                                               ators. It is a highly controversial                     so that professionals can undertake the                I believe is unwarranted and really his-
                                               project in Virginia that directly im-                   right analysis and review.                             torical in the wrong way. It is a rebuke
                                               pacts families whose land will be taken                   In this bipartisan debt ceiling deal,                of the Fourth Circuit of the U.S. Court
                                               for the pipeline project.                               there is a provision to green-light one                of Appeals, which is headquartered in
                                                 I stand to speak on their behalf about                project in the United States, the Moun-                Richmond, my hometown, which has
                                               the reasons that I will seek to remove                  tain Valley Pipeline—to green-light                    been the court that has heard cases
                                               the Mountain Valley Pipeline provision                  it—and to say that there will be no                    about the Mountain Valley Pipeline,
                                               from the bill when we vote on it later                  more administrative processes to de-                   challenges to agency decisions in the
                                               tonight.                                                termine whether it had been fully per-                 previous administration where the
                                                 It would be one thing if you could                    mitted and no more ability for the                     court said: Hey, look, the agency didn’t
                                               build pipelines in midair, but you                      courts to review the administrative                    do what they were supposed to do. Go
                                               can’t. To build a pipeline, you have to                 Agency’s decisions.                                    back and do it right this time.
                                               take people’s land. Sometimes the land                    I strongly object to that. I don’t have                 When landowners feel like they are
                                               you take might be public land, a na-                    an objection to the pipeline itself. I                 being abused, they have a right to go
                                               tional park or a national forest, but in                have been asked again and again and                    to court and present their case, and the
                                               any pipeline project of size—and the                    again, and I said: This is not for Con-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              Fourth Circuit and the district courts
                                               Mountain Valley Pipeline is about 330                   gress to decide. In fact, it would be                  within it have said: You have shown
                                               miles long—you have to take a lot of                    wrong for Congress to do this. You                     your case. The company didn’t do it
                                               land from private landowners, most of                   should have an administrative process.                 right. The agency didn’t do it right. Go
                                               whom don’t want to give up their land.                  You should go through it. A pipeline                   back and do it right.
                                               That means that when you do a pipe-                     proponent should have to meet the                         That has made the company upset.
                                               line project and you approve it and you                 standard, get over the hurdles, and                       For 18 years, I tried cases in the
                                               give a private company the right to                     when they do, then, OK, they should be                 Fourth Circuit, and I won some, and I



                                         VerDate Sep 11 2014   02:08 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00023   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.039   S01JNPT1
                                               S1880                                             CONGRESSIONAL RECORD — SENATE                                                         June 1, 2023
                                               lost some. When I lost, I wasn’t happy,                 the market, then it starts proceeding,                 through the courts and back it came. It
                                               but if I lost, I would tell my client: We               and then it goes through the process.                  went through the courts and back it
                                               can appeal.                                               This was started over 8 years ago,                   came. The Forest Service, the Bureau
                                                  We would appeal to the Fourth Cir-                   going through that process. I don’t                    of Land Management, and Fish and
                                               cuit. Sometimes I would win my ap-                      think there is another permit that has                 Wildlife, they all went through it. Ev-
                                               peal, and sometimes I would lose my                     ever been more scrutinized—or a re-                    erybody had a good look at this thing.
                                               appeal. When we lost, I wasn’t happy,                   quest for a permit—than this Mountain                    Now we have a situation where if you
                                               but we would try to get the U.S. Su-                    Valley Pipeline.                                       looked at Winter Storm Elliott in De-
                                               preme Court to take up the case. Never                    It is the Mountain Valley Pipeline.                  cember of 2022, the Carolinas have the
                                               once did I tell a client after a loss:                  We will call it the MVP. FERC has ap-                  highest natural gas prices in the coun-
                                               What we need to do is go to Congress                    proved the MVP three times—not one                     try—$50 to $60 per million Btu—$50 to
                                               and take this case away from the                        time, three times—basically, over 8                    $60 dollars. Normally, in the Appa-
                                               Fourth Circuit and put it in a court                    years of review. It started with the                   lachian Basin, that is anywhere from
                                               that is more likely to be favorable.                    Obama administration, went through                     $2.50 to $6 dollars to where it stays. But
                                                  I would never have thought to do                     the Trump administration, and now                      because they did not have the product
                                               that. No one gets that deal. No indi-                   into the Biden administration. And we                  and the demand was so high, the people
                                               vidual gets that deal. No civil rights                  are as desperate for the fuel today as                 are getting gouged.
                                               plaintiff gets that deal. No criminal de-               we are.                                                  You tell me of an average family or a
                                               fendant gets that deal. No small busi-                    Let’s look at the people and basically               hard-working family who can afford $50
                                               ness gets that deal. Most people would                  where the need is. This pipeline is 42                 or $60 per million Btu. It is 10 times the
                                               be embarrassed to ask for that.                         inches. It takes the most oil shale.                   normal rate.
                                                  I lost. I am unhappy. Why don’t I get                First of all, it goes into an area that                  So is there a need? Absolutely, there
                                               Congress to rewrite the rules of Fed-                   basically is deprived of natural re-                   is a need. Is there basically a need for
                                               eral jurisdiction and take this case                    sources themselves. Let me tell you                    pricing that is stabilized and helps peo-
                                               away from the court that has made me                    some of the areas we are going to be                   ple get through tough times and helps
                                               unhappy and put it in another court?                    able to serve in a direct and indirect                 them take care of their family and
                                               Yet that is what this bill will do. It                  way. Our military bases in North Caro-                 home and also the job they work in?
                                               will end further administrative review.                 lina and South Carolina are in des-                    Absolutely. So you have that.
                                               It will end judicial review of any per-                 perate need.                                             Duke Energy says the MVP will save
                                               mit. And it will say only this: If some-                  There was another pipeline coming                    4.5 million customers $3 billion over 25
                                               one wants to challenge what Congress                    out of the same shale of gas called the                years. Duke Energy is a very large
                                               is doing here, saying it is unlawful or                 Atlantic Coast Pipeline that went on                   power company within North Carolina,
                                               unconstitutional or an overreach, they                  for years. It went on for years and was                and they are saying that we don’t have
                                               have to file that challenge in the DC                   finally scrubbed because the price got                 that product. We need this product.
                                               Circuit Court of Appeals. They cannot                   so exorbitant that there was no way to                 They were counting on the Atlantic
                                               file it in the Fourth Circuit where this                continue, and they could not get                       Coast Pipeline to get that product.
                                               project is being considered.                            through the litigation that went on for                That didn’t happen. Now we are count-
                                                  Both to protect these landowners,                    years. After about $6 or $7 billion, Do-               ing on MVP.
                                               who have a right to a full and delib-                   minion Energy basically pulled the                       But guess who gets gouged? Every-
                                               erate consideration if they are going to                plug on it. They couldn’t do it.                       body talks about big business and com-
                                               have to give up their land, and to pro-                   So when they tell you that every-                    panies and this and that. But 4.5 mil-
                                               tect the integrity of both our court                    thing is fine and they did all this,                   lion customers—that is who is going to
                                               system and this body, I strongly oppose                 wherever there were problems, they are                 pay the price.
                                               this provision.                                         sent back. If someone doesn’t like this                  When you talk about price, let’s talk
                                                  I will move later in the day to bring                or that, they send it back. They went                  about this. This line, when they started
                                               up my amendment, and I would encour-                    through it three times. Now, when                      on this pipeline, there was an approxi-
                                               age my colleagues to support me in it.                  FERC goes through it, it is a pretty ar-               mate cost of $3.5 billion to build it. We
                                                  I yield the floor.                                   duous process. They look into every-                   are over $6.6 billion now. Who do you
                                                  The PRESIDING OFFICER. The Sen-                      thing. And if the courts basically say                 think is going to pay that price? It is
                                               ator from West Virginia.                                look at this, then they do that, and                   going to be paid by the customers who
                                                  Mr. MANCHIN. Mr. President, I rise                   they correct that and send it back, and                need the product. They are paying $50
                                               to speak in favor of the MVP. They call                 they find something else.                              to $60 per million Btu, and they should
                                               it the Mountain Valley Pipeline; I call                   Wouldn’t you think that they would                   be paying $4 to $6, in that range there,
                                               it the most valuable pipeline we have                   see it all the first time if they saw any              and I guarantee you the savings would
                                               to offer energy to the people of Amer-                  problems whatsoever that needed cor-                   be tremendously supportive to their
                                               ica.                                                    rected?                                                families.
                                                  It has been under tow for a long time.                 So, as I said, it has been thoroughly                  So as we have talked, we had a lot
                                               I brought some illustrations of what we                 vetted for 8 years by the Obama and                    going on here, a lot of different con-
                                               are going through because my good                       Trump and Biden administrations, and                   versations. There is a new Summit
                                               friend from Virginia, the Senator from                  eight NEPA reviews. Anyone who has                     View Business Park in Franklin Coun-
                                               Virginia who just spoke—and we re-                      gone through any NEPA review knows                     ty in southwest Virginia. It is strug-
                                               spectfully disagree on this—this is                     how difficult that can be. Eight times                 gling to attract businesses to that park
                                               something we have worked on for an                      NEPA has reviewed this. There are six                  that would create opportunities and
                                               awful long time.                                        environmental impact studies. The en-                  jobs for the hard-working people in
                                                  First, I want to make sure everybody                 vironmental impact studies can go                      southwest Virginia, just like all of
                                               understands that you cannot get per-                    from 1 to 3 years. Six times, it went                  West Virginia. They cannot attract or
                                               mission to move forward on a pipeline,                  back to them.                                          furnish the energy at the plant that
                                               transmission line, anything you want                      So when anyone thinks this has not                   the park needs to attract the different
                                               in this country, unless there is a mar-                 been scrutinized and has not basically                 industries that would like to come. So
                                               ket for it. You have to show that there                 gone through every Agency that it was                  for economic development, just having
                                               is a person or a group or a market that                 required to go through and had every                   a job, taking care of your family, and




SSpencer on DSK126QN23PROD with SENATE
                                               this product—whether it is electricity                  review done that possibly could be                     living in beautiful southwest Virginia,
                                               on transmission lines or gas in the                     done, they would be mistaken, if you                   they don’t have that opportunity now.
                                               pipelines or oil or whatever, there has                 see just the outline of things.                          In North Carolina, Cumberland Coun-
                                               to be a market. You can’t go from here                    Three rounds of permitting were ap-                  ty and Fayette have lost out on $1 bil-
                                               to there and try to build a market. So                  proved by FERC. They approved all of                   lion of investment because the busi-
                                               there has to be a need. There has to be                 them. It still wasn’t good enough. It                  nesses cannot afford the high price of
                                               a need. If there is going to be a need in               still wasn’t good enough. It went                      gas. And we have an abundance of it in



                                         VerDate Sep 11 2014   02:08 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00024   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.041   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                S1881
                                               West Virginia and Pennsylvania and                      longer for a powerline, for pipelines.                 way and every way, shape, and form.
                                               coming out of the eastern part of Ohio.                 Everything is being stopped now. It is                 That would be a different thing—if no
                                               We are willing to share it and put it in                not that they are protesting the pipe                  one has ever seen anything, if we are
                                               the market and keep the prices where                    itself. They are protesting basically                  trying to slide something through.
                                               they should be—affordable.                              the product in the pipe, the gas.                      That is not the case here. No one can
                                                 So the review process which has been                    Now, there is a transition going on in               accuse that of happening.
                                               incredibly thorough and rigorous with                   energy throughout the country—a                          So we are in the process right now of
                                               eight NEPA reviews, six environmental                   transition throughout the world, to a                  trying to move forward in this country
                                               impact statements, two environmental                    certain extent—but we still cannot run                 to get the energy that we need, that we
                                               assessments, three rounds of review by                  our country without the gas, without                   have. It is unbelievable to me when the
                                               the same Federal Agencies—FERC,                         the oil, without the coal that we need                 people were thinking sometime: Well,
                                               Fish and Wildlife, Forest Service, and                  for dispatch. That means 24/7. Just gas                maybe we will have Iran produce more
                                               BLM—and that is a mighty lift in                        and coal itself is over 60 percent of the              oil. Maybe we will have Venezuela
                                               itself. It has been before the court nu-                energy we use.                                         produce more.
                                               merous times—nine times, to be                            In this system here, right where we                    We have it in our backyard, and we
                                               exact—nine times before the courts.                     are in this beautiful Capitol, this is a               can’t produce it ourselves? We want
                                               When does it stop? When does it stop?                   PJM system, which they call it, and it                 someone else to do the work that we
                                               The cost has ballooned, as I said, and                  is basically what this is all about. It is             won’t do for ourselves? That is ridicu-
                                               doubled in price, and here we are.                      basically ‘‘all of the above.’’ It is wind,            lous.
                                                 Now, you would think that we are                      solar. It is coal. It is gas. It is every-               You can’t lead that way. You can’t
                                               just trying to get this line started. It is             thing that gives the reliability that,                 have the rest of the world looking at
                                               going to be 303 miles. But guess what:                  when you turn that switch on, you are                  you as the superpower of the world
                                               283 miles are already built. It is al-                  going to have lights. When you turn                    that won’t do for yourself because you
                                               ready laid in the ground.                               the heat on, you are going to be warm.                 don’t like something. We found ways
                                                 Now, they said there have been viola-                 When you turn this air conditioner on,                 through innovation, not elimination,
                                               tions because there is sedimentation                                                                           to do it better. And we can help the
                                                                                                       you are going to have comfort. When
                                               going on, and they didn’t go back and                                                                          rest of the world, and we can help the
                                                                                                       you cook your food, you are going to be
                                               reseed. They weren’t allowed to be-                                                                            global climate because of this if we
                                                                                                       able to do it. That is what we are able
                                               cause of the court actions that prohib-                                                                        work together.
                                                                                                       to do in America.
                                               ited them from getting back on the                        And as that transitions, there will be                 But I can assure you that what we
                                               property. It is a catch-22. They could                  a transition into new technology that                  have today before us is a product that
                                               not reclaim what they wanted to re-                                                                            is going to help an awful lot of people—
                                                                                                       will replace an awful lot of what we are
                                               claim because they were taken to court                                                                         4.5 million just in one State that de-
                                                                                                       talking about. But we are a long way
                                               and stopped, and then they were                                                                                pends on this product to give them
                                                                                                       away from that, and to deprive people
                                               brought to task again for not reclaim-                                                                         some relief and are paying the highest
                                                                                                       who need this for their livelihood, to
                                               ing it.                                                                                                        prices. They are already at the highest
                                                 If we pass this piece of legislation,                 deprive them and make them pay 10
                                                                                                                                                              prices in the country except for the
                                               within 6 months this line will be in                    times more for a product that is abun-
                                                                                                                                                              Northeast.
                                               production. We only have 20 miles to                    dant—it would be different if the Good                   So I would say there is so much at
                                               go. That would put 2,500 people to                      Lord didn’t give us the resources. But                 risk right now. If we move forward and
                                               work—2,500 people to work.                              it is a shame and a sin that we don’t                  we pass this amendment that would go
                                                 About $40 to $50 million annually will                use the resources we have to help all                  on this bill, that would have to go back
                                               be coming to the States of West Vir-                    humankind. That is what we are talk-                   to the House with us not defaulting.
                                               ginia and some to Virginia, as it passes                ing about.                                             We cannot take that risk.
                                               through. There is about $200 to $250                      And if you look at the process we                      I would ask my colleagues—all of my
                                               million that will go to individuals who                 have just gone through and where we                    colleagues on both sides of the aisle—
                                               own their gas rights that are being sold                are right now and what we embark on                    instead of what we are doing, consider
                                               and put into the line. That is every                    this evening, we will probably be here                 basically the value that this product
                                               year. That is tremendous support for                    most of the night, I would say, going                  brings. Consider also the reviews this
                                               the poorest parts of our country. In the                through the amendments. Everybody                      product has gone through, and I think
                                               poorest parts of our country, the peo-                  has to have their say. I agree. But we                 you will find it more than adequate
                                               ple are finally able to sell what they                  have come to the reality and we have                   and more than comforting that, basi-
                                               own, their resources, and to help sta-                  been here long enough understanding                    cally, we have a product that is going
                                               bilize the prices or help all people in                 that this piece of legislation that we                 to do an awful lot of good for America,
                                               the States that are affected.                           have before us has to pass. The Moun-                  an awful lot of good for humankind in
                                                 There is $1.2 billion in additional in-               tain Valley Pipeline is in that piece of               the States. And, also, this will backfill
                                               vestment to complete the project. We                    legislation. It still has some review                  and also help us toward where we are
                                               have tried everything humanly pos-                      processes. We are not asking for that.                 sending LNG to our allies around the
                                               sible. We really have. I just couldn’t                  We are asking, basically, that the                     world. There are so many benefits from
                                               believe that we couldn’t get this to                    things that have been done multiple                    2 billion cubic feet a day—2 billion.
                                               work after what happened to the pre-                    times proceed on—that it proceeds on.                  Two billion cubic feet a day will go
                                               vious lines they were trying to build to                That is all we are asking for.                         through this line, helping America to
                                               bring product to the marketplace.                         But with that, when you think about                  be energy independent.
                                                 So there is all different people who                  3 or 4 months ago, we started talking                    So I encourage all of my colleagues
                                               are upset. I understand that. My good                   seriously about the debt ceiling. We                   to vote respectfully against the amend-
                                               friend from Virginia, my Senate                         have got to address the debt ceiling.                  ment that will be offered to strip this
                                               friend—we were co-Governors together                    That is our responsibility to address it               out of the bill.
                                               and our families are very close. This                   and make sure the full faith and credit                  I yield the floor.
                                               doesn’t affect our relationship, our                    of this country and the value of us hav-                 The PRESIDING OFFICER (Mr.
                                               friendship, and it doesn’t affect, basi-                ing the reserve currency of the world is               KAINE). The Senator from South Caro-
                                               cally, us fighting for many of the same                 stable—that it is stable.                              lina.
                                                                                                         If we pass an amendment or any                         Mr. GRAHAM. Mr. President, I have




SSpencer on DSK126QN23PROD with SENATE
                                               causes. But it brings a healthy discus-
                                               sion: Are we going to move forward in                   amendment—this amendment my dear                       been informed that shortly, the major-
                                               this country? Are we going to have per-                 friend is going to introduce or any                    ity leader will come to the floor and
                                               mit reform? Are we going to be able to                  amendment—we will default. It is as                    announce his commitment and the
                                               build the necessary transmission that                   simple as that. We will default.                       Biden commitment to do a supple-
                                               it takes?                                                 Now, it would be different if this had               mental to make sure that the damage
                                                 I am talking about powerlines. They                   not gone through 8 years of scrutiny, in               done by this bill is, at least, partially
                                               are the same. If anything, it takes                     court nine times, been looked at any                   corrected.



                                         VerDate Sep 11 2014   02:08 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00025   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.042   S01JNPT1
                                               S1882                                             CONGRESSIONAL RECORD — SENATE                                                           June 1, 2023
                                                 This bill puts our military behind the                need of the Federal Government to get                    The PRESIDING OFFICER. Is there
                                               eight ball. There is not one penny in                   the defense budget right. Budgets are                  further debate?
                                               this bill for Ukrainian assistance. As I                based on threats, not political deals.                   If not, the question is on agreeing to
                                               speak tonight, Ukraine is engaged in a                  And if you think the world is safer, you               the motion to proceed.
                                               fight for its life. They are going on the               have missed a lot. So, hopefully, in a                   The motion was agreed to.
                                               offensive. I have high hopes in the com-                few minutes, there will be an an-                                        f
                                               ing days and weeks they will liberate                   nouncement that puts us on a course                     FISCAL RESPONSIBILITY ACT OF
                                               part of their territory occupied by Rus-                correction to undo some of the damage,                                    2023
                                               sia.                                                    and there will be a clear signal from
                                                 The assistance we have provided in a                  both the leader and the minority lead-                   The PRESIDING OFFICER. The
                                               bipartisan fashion with our European                    er, Senator MCCONNELL, that help is on                 clerk will report the bill by title.
                                               allies has made all the difference in the               the way to those who live in the shad-                   The legislative clerk read as follows:
                                               world. We were told after the invasion                  ow of totalitarian governments and                       A bill (H.R. 3746) to provide for a respon-
                                               that Kyiv would fall in 4 days; but 600-                                                                       sible increase to the debt ceiling.
                                                                                                       those who are on the battlefield.
                                               and-something days later, they are                        To my American citizen friends, I                      The PRESIDING OFFICER. The ma-
                                               still fighting. The Russian Army has                    wish there were no war anywhere. I                     jority leader.
                                               been weakened and bloodied because of                   wish China wasn’t the way they are. I                                ORDER OF BUSINESS
                                               the weapons we have provided. I appre-                  wish the Ayatollah didn’t want a nu-                     Mr. SCHUMER. Mr. President, I ask
                                               ciate the bipartisan support to make                    clear weapon and would use it if he                    unanimous consent that the only
                                               sure we win a war in Ukraine without                    could. I wish that Putin would not have                amendments in order be the following
                                               one American soldier being involved.                    invaded Ukraine. I wish that the world                 to H.R. 3746: Paul No. 107; Braun No. 91;
                                                 If we can defeat Putin in Ukraine,                    was different than it is. But if you                   Marshall No. 110; Sullivan No. 125;
                                               that means China will, hopefully, take                  want peace and stability, it comes at a                Hawley No. 93; Kennedy No. 104; Cotton
                                               notice and Putin will be stopped, be-                   high price.                                            No. 106; Budd No. 134; Lee No. 98; Kaine
                                               cause if you don’t stop him in Ukraine,                   The good news for us is that not one                 No. 101; Kennedy No. 102; that at 7:30
                                               he will keep going and we will be in a                  American soldier has died evicting                     p.m., if any of these amendments have
                                               war between NATO and Russia.                            Russia from Ukraine. The Ukrainians                    been offered, the Senate vote on the
                                                 So I appreciate all the hard work of                  have fought like tigers. It is in our na-              amendments in the order listed, with 60
                                               the staff to make a statement to the                    tional security interest to provide                    affirmative votes required for adoption
                                               people who are facing threats from                      them the weapons and the technology                    with the exception of the Lee amend-
                                               China, from Russia, from Iran, that we                  to keep this fight up. Their win is our                ment, Kennedy amendment No. 102,
                                               have not abandoned you. There is not a                  win.                                                   and the Kaine amendment; that there
                                               dime in this bill to deal with the                        So I look forward to hearing the                     be 2 minutes for debate, equally di-
                                               threats I think we face from China con-                 statement that I think is forthcoming.                 vided, prior to each vote and with 6
                                               sistent with the threat level. There is                 It does not fix this bill totally, but it              minutes, equally divided, prior to each
                                               money in this bill but not enough. So I                 begins to march in the right direction.                of the votes on the Kennedy amend-
                                               am hoping that those who are watching                   To my colleagues, thank you for listen-                ments; that following disposition of the
                                               this in Ukraine understand that Sen-                    ing. Thank you for working with me                     above amendments, the bill be consid-
                                               ators SCHUMER and MCCONNELL are                         and others. Victory for Ukraine.                       ered read a third time and the Senate
                                               going to say in a moment: We have not                     I yield the floor.                                   vote on the passage of the bill, as
                                               abandoned you. We are going to keep                       I suggest the absence of a quorum.                   amended, if amended, with 60 affirma-
                                               helping you as you struggle to liberate                   The PRESIDING OFFICER (Mr.                           tive votes required for passage, all
                                               your country from the war criminal                      OSSOFF). The clerk will call the roll.                 without intervening action or debate.
                                               Putin.                                                    The senior assistant legislative clerk                 The PRESIDING OFFICER. Is there
                                                 Whether you believe we should be                      proceeded to call the roll.                            objection?
                                               helping Ukraine or not, I do. People in                   Mr. SCHUMER. Mr. President, I ask                      Without objection, it is so ordered.
                                               this body, on both sides of the aisle in                unanimous consent that the order for                     Mr. SCHUMER. Mr. President, I ask
                                               the Senate, understand that Putin’s in-                 the quorum call be rescinded.                          unanimous consent that all votes after
                                               vasion is a defining moment of the 21st                   The PRESIDING OFFICER. Without                       the first be 10-minute votes in length.
                                               century. That if he gets away with                      objection, it is so ordered.                             The PRESIDING OFFICER. Without
                                               this, there goes Taiwan, and the world                    Mr. SCHUMER. Mr. President, I ask                    objection, it is so ordered.
                                               will begin to crumble. The world order                  unanimous consent that the following                     Mr. SCHUMER. Mr. President, I am
                                               we created since World War II would be                  joint statement from Senator MCCON-                    pleased—so pleased—to announce that
                                               jeopardized.                                            NELL and me be printed in the RECORD.                  both sides have just locked in an agree-
                                                 War crimes on an industrial scale by                    There being no objection, the mate-                  ment that enables the Senate to pass
                                               Putin cannot be forgiven or forgotten.                  rial was ordered to be printed in the                  legislation tonight, avoiding default.
                                               To the brave men and women in                           RECORD, as follows:                                      For the information of my col-
                                               Ukraine, help is on the way. To the                       JOINT STATEMENT FROM SENATE LEADERS                  leagues, this is what will happen on the
                                               people standing up to China, living in                    We share the concern of many of our col-             floor: In a few minutes, the Senate will
                                               its shadow in Taiwan, help is on the                    leagues about the potential impact of se-              begin holding votes on 11 amend-
                                                                                                       questration and we will work in a bipartisan,
                                               way. To the American military who is                                                                           ments—10 from the Republican side
                                                                                                       collaborative way to avoid this outcome.
                                               underfunded because of this bill, help is                 Now that we have agreed on budget caps,              and 1 from the Democratic side.
                                               on the way.                                             we have asked Appropriations Committee                   To finish our work tonight, after the
                                                 For 3 days, I and some others have                    Chair Senator Murray and Vice Chair Sen-               first amendment, we are limiting each
                                               been screaming to high heaven that                      ator Collins to set the subcommittee caps              vote to 10 minutes. So I ask my col-
                                               what the House did was wrong. It is                     and get the regular order process started.             leagues to stay in their seats or near
                                               right to want to control spending, and                    To accomplish our shared goal of pre-                the floor during the votes. Let’s keep
                                               there are some good things in this bill.                venting sequestration, expeditious floor con-          this process moving quickly. After we
                                                                                                       sideration will require cooperation from Sen-
                                               But it was wrong to give a defense                      ators from both parties. The Leaders look
                                                                                                                                                              finish voting on the amendments, we
                                               number inconsistent with the threats                    forward to bills being reported out of com-            are immediately considering final pas-
                                               we face.                                                                                                       sage, and by passing this bill, we will




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       mittee with strong bipartisan support. The
                                                 I do believe that we are on track to                  Leaders will seek and facilitate floor consid-         avoid default tonight.
                                               right some of those wrongs. To my col-                  eration of these bills with the cooperation of           America can breathe a sigh of relief—
                                               leagues, I am not the perfect—the                       Senators of both parties.                              a sigh of relief—because, in this proc-
                                               enemy of the good. I vote on my share                              VOTE ON MOTION TO PROCEED                   ess, we are avoiding default. From the
                                               of bipartisan bills and get crap for it                   Mr. SCHUMER. Mr. President, I                        start, avoiding default has been our
                                               like most of you. But as long as I am                   know of no further debate on the mo-                   North Star. The consequences of de-
                                               here, I am going to speak about the                     tion to proceed.                                       faulting would be catastrophic. It



                                         VerDate Sep 11 2014   02:36 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00026   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.044   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                       S1883
                                               would almost certainly cause another                    SEC. 2. STATUTORY ENFORCEMENT OF OUTLAY                  The PRESIDING OFFICER. The Sen-
                                                                                                                  LIMITS THROUGH SEQUESTRATION.
                                               recession. It would be a nightmare for                                                                         ator from Rhode Island.
                                                                                                         (a) IN GENERAL.—Part C of the Balanced
                                               our economy and millions of American                                                                             Mr. WHITEHOUSE. Mr. President,
                                                                                                       Budget and Emergency Deficit Control Act
                                               families. It would take years—years—                    of 1985 (2 U.S.C. 900 et seq.) is amended by           with all due respect to my colleague, I
                                               to recover from. But for all of the ups                 adding at the end the following:                       strongly urge a ‘‘no’’ vote.
                                               and downs and twists and turns it took                  ‘‘SEC. 258D. ENFORCING OUTLAY LIMITS.                    This amendment would create cata-
                                               to get here, it is so good for this coun-                  ‘‘(a) ENFORCING OUTLAY LIMITS.—In this              strophic damage throughout the Fed-
                                               try that both parties have come to-                     section, the term ‘outlay limit’ means an              eral economy, with spending cuts as
                                               gether at last to avoid default.                        amount equal to—                                       much as 37 percent by 2028, putting
                                                 I thank my colleagues on both sides                     ‘‘(1) for fiscal year 2024, $4,839,204,000,000 in    Federal programs like Medicare, Med-
                                               of the aisle for their cooperation. Let’s               outlays;                                               icaid, border security, and transpor-
                                                                                                         ‘‘(2) for fiscal year 2025, $4,597,244,000,000 in    tation into extremely difficult cir-
                                               finish the job and send this very impor-
                                                                                                       outlays;
                                               tant bipartisan bill to the President’s                   ‘‘(3) for fiscal year 2026, $4,367,382,000,000 in
                                                                                                                                                              cumstances. This is not the America
                                               desk tonight.                                           outlays;                                               that Americans expect, and we should
                                                 Mr. President, I also want to dispel                    ‘‘(4) for fiscal year 2027, $4,149,013,000,000 in    not allow this vote to pass.
                                               rumors and reassure our friends across                  outlays; and                                                       VOTE ON AMENDMENT NO. 107
                                               the world about the Senate’s commit-                      ‘‘(5) for fiscal year 2028, $3,941,562,000,000 in      Mr. PAUL. Mr. President, I ask for
                                               ment and ability to respond to emerg-                   outlays.                                               the yeas and nays.
                                               ing threats and needs.                                    ‘‘(b) TOTAL FEDERAL OUTLAYS.—In this sec-
                                                                                                                                                                The PRESIDING OFFICER. The
                                                                                                       tion, total Federal outlays shall include all
                                                 This debt ceiling deal does nothing to                on-budget outlays.                                     question now occurs on agreeing to
                                               limit the Senate’s ability to appro-                      ‘‘(c) SEQUESTRATION.—                                amendment No. 107.
                                               priate emergency/supplemental funds                       ‘‘(1) OMB REPORT.—Not later than 15 days               Is there a sufficient second?
                                               to ensure our military capabilities are                 after the end of session for each of fiscal              There appears to be a sufficient sec-
                                               sufficient to deter China, Russia, and                  years 2024 through 2028, OMB shall prepare a           ond.
                                               our other adversaries and respond to                    report specifying whether outlays for the                The clerk will call the roll.
                                               ongoing and growing national security                   preceding fiscal year exceeded the outlay                The legislative clerk called the roll.
                                               threats, including Russia’s ongoing war                 limit for that fiscal year.                              Mr. DURBIN. I announce that the
                                                                                                         ‘‘(2) SEQUESTRATION.—If a report under
                                               of aggression against Ukraine, our on-                  paragraph (1) shows that outlays for a fiscal
                                                                                                                                                              Senator from California (Mrs. FEIN-
                                               going competition with China and its                    year exceeded the outlay limits for that fis-          STEIN) and the Senator from Georgia
                                               growing threat to Taiwan, Iranian                       cal year, the President shall issue a seques-          (Mr. WARNOCK) are necessarily absent.
                                               threats to American interests and                       tration order reducing direct spending and               Mr. THUNE. The following Senators
                                               those of our partners in the Middle                     discretionary appropriations for the fiscal            are necessarily absent: the Senator
                                               East, or any other emerging security                    year after the fiscal year for which outlays           from Texas (Mr. CRUZ) and the Senator
                                               crisis; nor does this debt ceiling deal                 exceeded the limit by the uniform percent-             from Tennessee (Mr. HAGERTY).
                                               limit the Senate’s ability to appro-                    age necessary to reduce outlays during that              The result was announced—yeas 21,
                                                                                                       fiscal year by the amount of the excess out-
                                               priate emergency/supplemental funds                                                                            nays 75, as follows:
                                                                                                       lays.
                                               to respond to various national issues,                    ‘‘(3) PROCEDURES.—In implementing the se-                        [Rollcall Vote No. 136 Leg.]
                                               such as disaster relief, or combating                   questration under paragraph (2), OMB shall                                  YEAS—21
                                               the fentanyl crisis, or other issues of                 follow the procedures specified in section 6 of        Barrasso          Ernst           Marshall
                                               national importance.                                    the Statutory Pay-As-You-Go Act of 2010 (2             Blackburn         Fischer         Mullin
                                                 I know a strong bipartisan majority                   U.S.C. 935) and the special rules specified in         Braun             Hyde-Smith      Paul
                                                                                                       section 256 of this Act.                               Britt             Johnson         Risch
                                               of Senators stands ready to receive and                                                                        Cornyn            Lankford        Rubio
                                                                                                         ‘‘(d) CONSIDERATION IN HOUSE AND SEN-
                                               process emergency funding requests                                                                             Crapo             Lee             Schmitt
                                                                                                       ATE.—
                                               from the administration. The Senate is                    ‘‘It shall not be in order in the House of
                                                                                                                                                              Daines            Lummis          Tuberville
                                               not about to ignore national needs nor                  Representatives or the Senate to consider                                  NAYS—75
                                               abandon our friends and allies who face                 any bill, joint resolution, amendment, or              Baldwin           Hawley          Romney
                                               urgent threats from America’s most                      conference report that would cause the most            Bennet            Heinrich        Rosen
                                               dangerous adversaries.                                  recently reported current outlay limits set            Blumenthal        Hickenlooper    Rounds
                                                 I yield the floor.                                    forth in subsection (a) to be exceeded.’’.             Booker            Hirono          Sanders
                                                                                                         (b) TABLE OF CONTENTS.—The table of con-             Boozman           Hoeven          Schatz
                                                 I suggest the absence of a quorum.                                                                           Brown             Kaine           Schumer
                                                                                                       tents in section 250(a) of the Balanced Budg-
                                                 The PRESIDING OFFICER. The                            et and Emergency Deficit Control Act of 1985
                                                                                                                                                              Budd              Kelly           Scott (FL)
                                               clerk will call the roll.                                                                                      Cantwell          Kennedy         Scott (SC)
                                                                                                       (2 U.S.C. 900(a)) is amended by adding at the          Capito            King            Shaheen
                                                 The legislative clerk proceeded to                    end the following:                                     Cardin            Klobuchar       Sinema
                                               call the roll.                                          ‘‘Sec. 258D. Enforcing outlay limits.’’.               Carper            Luján          Smith
                                                 Mr. PAUL. Mr. President, I ask unan-                  SEC. 3. LIMIT ON TOTAL SPENDING.
                                                                                                                                                              Casey             Manchin         Stabenow
                                                                                                                                                              Cassidy           Markey          Sullivan
                                               imous consent that the order for the                      Section 250(c) of the Balanced Budget and            Collins           McConnell       Tester
                                               quorum call be rescinded.                               Emergency Deficit Control Act of 1985 (2               Coons             Menendez        Thune
                                                 The PRESIDING OFFICER. Without                        U.S.C. 900(c)) is amended—                             Cortez Masto      Merkley         Tillis
                                               objection, it is so ordered.                              (1) by striking paragraph (4); and                   Cotton            Moran           Van Hollen
                                                                                                         (2) by redesignating paragraphs (5) through          Cramer            Murkowski       Vance
                                                               AMENDMENT NO. 107                                                                              Duckworth         Murphy          Warner
                                                                                                       (21) as paragraphs (4) through (20), respec-           Durbin            Murray          Warren
                                                 Mr. PAUL. Mr. President, I call up                    tively.                                                Fetterman         Ossoff          Welch
                                               amendment No. 107 and ask that it be                    SEC. 4. PUBLIC DEBT LIMIT.                             Gillibrand        Padilla         Whitehouse
                                               reported by number.                                        Section 3101(b) of title 31, United States          Graham            Peters          Wicker
                                                 The PRESIDING OFFICER. The                            Code,       is      amended     by    striking         Grassley          Reed            Wyden
                                               clerk will report the amendment by                                                                             Hassan            Ricketts        Young
                                                                                                       ‘‘$14,294,000,000,000’’     and      inserting
                                               number.                                                 ‘‘$14,794,000,000,000’’.                                                 NOT VOTING—4
                                                 The senior assistant legislative clerk                  Mr. PAUL. The Biden-McCarthy debt                    Cruz              Hagerty
                                               read as follows:                                        deal will do nothing to avert the loom-                Feinstein         Warnock
                                                 The Senator from Kentucky [Mr. PAUL]                  ing debt crisis. A debt deal that creates                The PRESIDING OFFICER. On this
                                               proposes an amendment numbered 107.                     no limits to the debt accumulation                     vote, the yeas are 21, the nays are 75.




SSpencer on DSK126QN23PROD with SENATE
                                                 The amendment is as follows:                          over 2 years is not fiscally responsible                 Under the previous order requiring 60
                                                  (Purpose: In the nature of a substitute)             and should be rejected.                                votes, the adoption of this amendment
                                                 Strike all after the enacting clause and in-            My amendment replaces the spending                   is not agreed to.
                                               sert the following:                                     caps with caps that balance the budget                   The amendment (No. 107) was re-
                                               SECTION 1. SHORT TITLE.                                 in 5 years and limits the extension of                 jected.
                                                 This Act may be cited as the ‘‘Five Penny             debt to $500 billion, and I urge a ‘‘yes’’               The PRESIDING OFFICER. The ma-
                                               Plan of 2023’’.                                         vote.                                                  jority leader.



                                         VerDate Sep 11 2014   06:35 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00027   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.046   S01JNPT1
                                               S1884                                             CONGRESSIONAL RECORD — SENATE                                                              June 1, 2023
                                                 Mr. SCHUMER. Mr. President, about                     est are guaranteed by the United States Gov-           porated—that happened in January, I
                                               an hour ago, I entered a statement into                 ernment, because of the limit on the face              believe, of this year; X date is this
                                               the RECORD, and I would like to read it                 amount of such obligations that may be out-            Monday—that if we do not do a bill
                                                                                                       standing at one time under section 3101(b) of
                                               so the Members can hear it.                                                                                    that either raises the amount or
                                                                                                       title 31, United States Code; and
                                                 I want to also dispel rumors and reas-                  (B) ending on date on which the first meas-          changes the date, ideally with reforms,
                                               sure our friends across the world about                 ure suspending or increasing the limit under           that on the X date, after we had 5 to 6
                                               the Senate’s commitment and ability                     section 3101(b) of title 31, United States             months to do it, we have 1 percent cuts
                                               to respond to emerging threats and                      Code, is enacted into law after the date de-           across the board on discretionary
                                               needs. This debt ceiling deal does noth-                scribed in subparagraph (A).                           spending. It is the No Default Act.
                                               ing to limit the Senate’s ability to ap-                  (3) DISCRETIONARY APPROPRIATIONS.—The                  We should not be risking default.
                                               propriate       emergency/supplemental                  term ‘‘discretionary appropriations’’ has the          This would be simple. It gives us plenty
                                                                                                       meaning given such term in section 250(c) of
                                               funds to ensure our military capabili-                                                                         of time and puts a little incentive. If
                                                                                                       the Balanced Budget and Emergency Deficit
                                               ties are sufficient to deter China, Rus-                Control Act of 1985 (2 U.S.C. 900(c)).                 you reach the X date, you are going to
                                               sia, and our other adversaries and re-                    (b) RESCISSION OF DISCRETIONARY SPEND-               be encouraged to do it by then. If not,
                                               spond to ongoing and growing national                   ING.—For each discretionary appropriations             it would happen again in 30 days.
                                               security threats, including Russia’s                    account, effective on first day of a debt ceil-          I ask for your support. Let’s not de-
                                               evil ongoing war of aggression against                  ing crisis period, and every 30 days there-            fault when we engage this same dy-
                                               Ukraine, our ongoing competition with                   after until the end of the debt ceiling crisis
                                                                                                                                                              namic in the future.
                                                                                                       period, 1 percent of the amount provided for
                                               China and its growing threat to Tai-                    the discretionary appropriations account                 The PRESIDING OFFICER. The Sen-
                                               wan, Iranian threats to American in-                    under the appropriation Act for the current            ator from Washington.
                                               terests and those of our partners in the                fiscal year is permanently rescinded.                    Mrs. MURRAY. Mr. President, I rise
                                               Middle East, or any other emerging se-                    (c) TEMPORARY SUSPENSION OF DEBT CEIL-               in opposition to the Senator’s amend-
                                               curity crisis; nor does this debt ceiling               ING.—                                                  ment, which would lead to more reck-
                                               limit the Senate’s ability to appro-                      (1) IN GENERAL.—Section 3101(b) of title 31,
                                                                                                                                                              less brinkmanship, more arbitrary cuts
                                                                                                       United States Code, shall not apply for the
                                               priate emergency/supplemental funds                                                                            by permanently rescinding 1 percent of
                                                                                                       period—
                                               to respond to various national issues,                    (A) beginning on the first day of a debt             discretionary appropriations every 30
                                               such as disaster relief, combating the                  ceiling crisis period; and                             days during a debt limit crisis. This
                                               fentanyl crisis, or other issues of na-                   (B) ending on the last day of the debt ceil-         makes no sense. Rewarding brinkman-
                                               tional importance.                                      ing crisis period.                                     ship by slashing funding that our fami-
                                                 I know a strong bipartisan majority                     (2) SPECIAL RULE RELATING TO OBLIGATIONS             lies and our communities and our
                                               of Senators stands ready to receive and                 ISSUED DURING EXTENSION PERIOD.—Effective              troops depend on is an absolutely dan-
                                               process emergency funding requests                      on the last day of a debt ceiling crisis period,
                                                                                                                                                              gerous way to govern.
                                               from the administration. The Senate is                  the limitation in effect under section 3101(b)
                                                                                                       of title 31, United States Code, shall be in-            Members on both sides of the aisle
                                               not about to ignore our national needs                  creased to the extent that—                            come to the floor to air legitimate
                                               nor abandon our friends and allies who                    (A) the face amount of obligations issued            grievances about this process and the
                                               face urgent threats from America’s                      under chapter 31 of such title and the face            outcome and this debt limit deal. No-
                                               most dangerous adversaries.                             amount of obligations whose principal and              body likes the position we are in
                                                 Mr. President, I want to remind                       interest are guaranteed by the United States           today—nobody. Passing this amend-
                                               Members, we were indulgent in the                       Government (except guaranteed obligations              ment would prove we have learned
                                               first vote. That is over. We are doing                  held by the Secretary of the Treasury) out-
                                                                                                                                                              nothing.
                                               10-minute votes. Please stay in your                    standing on the first day of the debt ceiling
                                                                                                       crisis period; exceeds                                   We do not need to create new oppor-
                                               seats so we can finish this bill at a rea-                                                                     tunities for hostage-taking and cuts
                                                                                                         (B) the face amount of such obligations
                                               sonable hour.                                           outstanding on the last day of the debt ceil-          that would seriously undermine our
                                                 The PRESIDING OFFICER. Duly                           ing crisis period.                                     economy, our families, our future, and
                                               noted.                                                    (3) EXTENSION LIMITED TO NECESSARY OBLI-             our global leadership. We just need to
                                                 The Senator from Indiana.                             GATIONS.—An obligation shall not be taken              do our job. Right now, we have to pass
                                                               AMENDMENT NO. 91                        into account under paragraph (2)(A) unless             this bill to avoid a catastrophic de-
                                                 Mr. BRAUN. Mr. President, I call up                   the issuance of such obligation was nec-
                                                                                                                                                              fault.
                                               my amendment No. 91 and ask that it                     essary to fund a commitment incurred pur-
                                                                                                       suant to law by the Federal Government                   I will be voting no. I urge my col-
                                               be reported by number.                                                                                         leagues to do the same.
                                                                                                       that required payment on or before the last
                                                 The PRESIDING OFFICER. The                            day of the applicable debt ceiling crisis pe-            The PRESIDING OFFICER. All time
                                               clerk will report the amendment by                      riod.                                                  has expired.
                                               number.                                                   (d) REPORTS.—                                                    VOTE ON AMENDMENT NO. 91
                                                 The legislative clerk read as follows:                  (1) IN GENERAL.—Not later than 30 days
                                                                                                       after the first day of a debt ceiling crisis pe-         The question is on agreeing to the
                                                 The Senator from Indiana [Mr. BRAUN] pro-
                                               poses an amendment numbered 91.                         riod, and every 30 days thereafter until the           amendment.
                                                                                                       date that is 30 days after the end of the debt           Mr. BRAUN. Mr. President, I ask for
                                                 The amendment is as follows:
                                                                                                       ceiling crisis period, the Director of the Of-         the yeas and nays.
                                               (Purpose: To rescind discretionary appro-               fice of Management shall submit to Congress              The PRESIDING OFFICER. Is there a
                                                 priations in the event of a debt ceiling cri-         a report detailing the rescission of discre-
                                                 sis period and to honor the full faith and                                                                   sufficient second?
                                                                                                       tionary appropriations under subsection (b)              There appears to be a sufficient sec-
                                                 credit of the debts of the United States in           with respect to the debt ceiling crisis period.
                                                 the event of a debt ceiling crisis)                     (2) REVIEW BY GAO.—Not later than 90 days
                                                                                                                                                              ond.
                                                 At the appropriate place, insert the fol-             after the date on which the Director of the              The clerk will call the roll.
                                               lowing:                                                 Office of Management and Budget submits                  The senior assistant legislative clerk
                                               SEC.   ll.  RESCISSION OF DISCRETIONARY                 each report under paragraph (1), the Comp-             called the roll.
                                                          SPENDING AND HONORING DEBTS                  troller General of the United States shall               Mr. DURBIN. I announce that the
                                                          DURING A DEBT CEILING CRISIS.                submit to Congress a report evaluating the             Senator from California (Mrs. FEIN-
                                                 (a) DEFINITIONS.—In this section:                     description of the rescission of discretionary         STEIN) is necessarily absent.
                                                 (1) CURRENT FISCAL YEAR.—The term ‘‘cur-              appropriations in the report by the Director
                                               rent fiscal year’’ means the fiscal year dur-                                                                    Mr. THUNE. The following Senators
                                                                                                       of the Office of Management and Budget.
                                               ing which the applicable rescission of discre-            The PRESIDING OFFICER. There is                      are necessarily absent: the Senator
                                               tionary appropriations under subsection (b)                                                                    from Texas (Mr. CRUZ) and the Senator




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       now 2 minutes of debate, equally di-
                                               occurs.
                                                                                                       vided.                                                 from Tennessee (Mr. HAGERTY).
                                                  (2) DEBT CEILING CRISIS PERIOD.—The term                                                                      The result was announced—yeas 35,
                                                                                                         Mr. BRAUN. This should be the easi-
                                               ‘‘debt ceiling crisis period’’ means a period—                                                                 nays 62, as follows:
                                                  (A) beginning on the date on which, but for          est vote of the night. This is to take
                                               subsection (c), the Secretary of the Treasury           default off the table in future endeav-                            [Rollcall Vote No. 137 Leg.]
                                               would not be able to issue obligations under            ors like this. This simply says that                                        YEAS—35
                                               chapter 31 of title 31, United States Code, or          when we get notice that extraordinary                  Barrasso          Boozman         Britt
                                               other obligations whose principal and inter-            measures are going to be incor-                        Blackburn         Braun           Budd




                                         VerDate Sep 11 2014   02:36 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00028   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.050   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                       S1885
                                               Cornyn            Hyde-Smith         Risch              they seized 118 pounds of meth, 14                                          NAYS—51
                                               Cotton            Johnson            Rubio
                                               Cramer            Kennedy            Schmitt
                                                                                                       pounds of fentanyl, and apprehended 6                   Baldwin           Hickenlooper   Reed
                                                                                                       sex offenders and 5 gang members.                       Bennet            Hirono         Rosen
                                               Crapo             Lankford           Scott (FL)                                                                 Blumenthal        Kaine          Sanders
                                               Daines            Lee                Scott (SC)           We have a crisis unfolding at our                     Booker            Kelly          Schatz
                                               Ernst             Lummis             Sullivan
                                               Fischer           Marshall
                                                                                                       southern border, and it is happening                    Brown             King           Schumer
                                                                                    Thune                                                                      Cantwell          Klobuchar      Shaheen
                                               Grassley          Moran                                 right now in plain sight. It is impact-
                                                                                    Tuberville                                                                 Cardin            Luján         Sinema
                                               Hawley            Mullin
                                                                                    Vance              ing every community across the coun-                    Carper            Manchin        Smith
                                               Hoeven            Paul                                  try. I will not sit here, form commit-                  Casey             Markey         Stabenow
                                                                   NAYS—62                             tees, and pray about it. We need action                 Coons             Menendez       Tester
                                                                                                       today.                                                  Cortez Masto      Merkley        Van Hollen
                                               Baldwin           Hickenlooper       Rosen
                                                                                                                                                               Duckworth         Murphy         Warner
                                               Bennet            Hirono             Rounds               The PRESIDENT pro tempore. The                        Durbin            Murray         Warnock
                                               Blumenthal        Kaine              Sanders
                                               Booker            Kelly
                                                                                                       Senator’s time is expired.                              Fetterman         Ossoff         Warren
                                                                                    Schatz                                                                     Gillibrand        Padilla        Welch
                                               Brown             King               Schumer              Mr. MARSHALL. I am proud to in-
                                                                                                                                                               Hassan            Paul           Whitehouse
                                               Cantwell          Klobuchar          Shaheen            troduce my amendment today and hope                     Heinrich          Peters         Wyden
                                               Capito            Luján
                                               Cardin            Manchin
                                                                                    Sinema             you will vote yes and support it.
                                                                                    Smith                                                                                        NOT VOTING—3
                                               Carper            Markey                                  The PRESIDENT pro tempore. The
                                                                                    Stabenow                                                                   Cruz              Feinstein      Hagerty
                                               Casey             McConnell
                                                                                    Tester             Senator from Illinois.
                                               Cassidy           Menendez                                                                                        The PRESIDENT pro tempore. On
                                               Collins           Merkley            Tillis               Mr. DURBIN. Madam President, we
                                               Coons             Murkowski          Van Hollen         had a hearing this week in the Com-                     this vote, the yeas are 46, the nays are
                                               Cortez Masto      Murphy             Warner             mittee on the Judiciary. We had a                       51. Under the previous order requiring
                                               Duckworth         Murray             Warnock                                                                    60 votes for the adoption of this amend-
                                                                                    Warren
                                                                                                       grower from South Carolina, a guest of
                                               Durbin            Ossoff                                                                                        ment, the amendment is not agreed to.
                                               Fetterman         Padilla            Welch              Senator GRAHAM. He professes to be the
                                               Gillibrand        Peters             Whitehouse         second largest peach grower in Amer-                      The amendment (No. 110) was re-
                                               Graham            Reed               Wicker             ica. I asked him point-blank: If you had                jected.
                                               Hassan            Ricketts           Wyden
                                                                                                       E-Verify on your farm today, what                         The PRESIDENT pro tempore. The
                                               Heinrich          Romney             Young                                                                      majority leader is recognized.
                                                                                                       would happen to you and the growers
                                                               NOT VOTING—3                            who need workers?                                         Mr. SCHUMER. Ten minutes forty
                                               Cruz              Feinstein          Hagerty              He said: We would be out of business                  seconds. We have got 40 seconds to go,
                                                                                                       tomorrow.                                               and we can get it all in 10.
                                                 The PRESIDENT pro tempore. On
                                                                                                                                                                          VOTE ON AMENDMENT NO. 125
                                               this vote, the yeas are 35; the nays are                  That’s what your amendment does. It
                                               62.                                                     imposes E-Verify on farmers in Kansas                     The PRESIDENT pro tempore. The
                                                 Under the previous order requiring 60                 and Illinois and all across the United                  Senator from Alaska is recognized.
                                               votes for the adoption of this amend-                   States.                                                   Mr. SULLIVAN. Madam President, I
                                               ment, the amendment is not agreed to.                     We are not ready for this. You are                    call up my amendment No. 125 and ask
                                                 The amendment (No. 91) was rejected.                  going to put them out of business.                      that it be reported by number.
                                                 The PRESIDENT pro tempore. The                                                                                  The PRESIDENT pro tempore. The
                                                                                                         And, secondly, it strips away all of
                                               majority leader.                                                                                                clerk will report.
                                                                                                       the protections of unaccompanied chil-
                                                 Mr. SCHUMER. Madam President,                                                                                   The legislative clerk read as follows:
                                                                                                       dren at the border. We do not want
                                               that was 12 minutes. We are getting                                                                               The Senator from Alaska [Mr. SULLIVAN]
                                                                                                       kids in cages anymore at the border.                    proposes an amendment numbered 125.
                                               down to 10. Everyone should be here.                    Please vote against this amendment.
                                               Call the vote.                                                                                                     The amendment is as follows:
                                                                                                                   VOTE ON AMENDMENT NO. 110
                                                 The PRESIDENT pro tempore. The                                                                                (Purpose: To provide adequate funding for
                                               Senator from Kansas.                                      The PRESIDENT pro tempore. The                          defense and increase the rescission of fund-
                                                                                                       question now occurs on agreeing to                        ing for the Internal Revenue Service)
                                                               AMENDMENT NO. 110
                                                                                                       amendment No. 110.                                        On page 5, line 16, strike ‘‘$886,349,000,000’’
                                                 (Purpose: To secure the borders of
                                                                                                         Mr. BRAUN. I ask for the yeas and                     and insert ‘‘$904,779,000,000’’.
                                               the United States, and for other pur-                                                                             On page 5, line 21, strike ‘‘$895,212,000,000’’
                                                                                                       nays.
                                               poses.)                                                                                                         and insert ‘‘$950,017,950,000’’.
                                                 Mr. MARSHALL. Madam President, I                        The PRESIDENT pro tempore. Is
                                                                                                                                                                 On page 53, line 22, strike ‘‘$1,389,525,000’’
                                               call up my amendment No. 110 and ask                    there a sufficient second?
                                                                                                                                                               and insert ‘‘$74,625,475,000’’.
                                               that it be reported by number.                            There is a sufficient second.
                                                                                                                                                                 Mr. SULLIVAN. Madam President,
                                                 The PRESIDENT pro tempore. The                          The clerk will call the roll.
                                                                                                                                                               the Fiscal Responsibility Act, unfortu-
                                               clerk will report the amendment by                        The senior assistant legislative clerk                nately, does not meet the moment in
                                               number.                                                 called the roll.                                        terms of defending our Nation.
                                                 The senior assistant legislative clerk                  Mr. DURBIN. I announce that the                         The Chairman of the Joint Chiefs and
                                               read as follows:                                        Senator from California (Mrs. FEIN-                     others have said we are now in the
                                                 The Senator from Kansas [Mr. MARSHALL]                STEIN) is necessarily absent.                           most dangerous period of any time
                                               proposes an amendment numbered 110.                       Mr. THUNE. The following Senators                     since World War II. And yet this bill
                                                 (The amendment is printed in today’s                  are necessarily absent: The Senator                     cuts defense spending in inflation-ad-
                                               RECORD under ‘‘Text of Amendments.’’)                   from Texas (Mr. CRUZ) and the Senator                   justed terms by approximately 3 per-
                                                 Mr. MARSHALL. Madam President, I                      from Tennessee (Mr. HAGERTY).                           cent this year and 5 percent next year.
                                               rise in support of Marshall amendment                     The result was announced—yeas 46,                       By endorsing the President’s defense
                                               No. 110 to put an end to the culture of                 nays 51, as follows:                                    budget, this bill shrinks the Navy,
                                               lawlessness at our southern border em-                              [Rollcall Vote No. 138 Leg.]                shrinks the Army, and shrinks the Ma-
                                               braced by our President.                                                     YEAS—46                            rine Corps. Next year, it will take us
                                                 I cannot in good conscience support                   Barrasso           Graham               Risch           below 3 percent of GDP spending for
                                               this debt limit deal and saddle my                      Blackburn          Grassley             Romney          the first time in 25 years.
                                               grandchildren with this $4 trillion in                  Boozman            Hawley               Rounds            My amendment does what the Armed
                                                                                                       Braun              Hoeven               Rubio
                                               additional debt.                                        Britt              Hyde-Smith
                                                                                                                                                               Services Committee and this Chamber
                                                                                                                                               Schmitt
                                                 This bill misses the mark, and, per-                  Budd               Johnson              Scott (FL)
                                                                                                                                                               have done in a broad bipartisan manner
                                               haps, what is more frustrating is that                                                                          over the past 2 years. It significantly




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       Capito             Kennedy              Scott (SC)
                                               it does not give a single cent to secur-                Cassidy            Lankford             Sullivan        pluses up the inadequate defense budg-
                                                                                                       Collins            Lee
                                               ing our border—zero dollars to address-                 Cornyn             Lummis
                                                                                                                                               Thune           et submitted by the President. My
                                               ing the greatest, most immediate na-                                                            Tillis          amendment fully funds the Biden Pen-
                                                                                                       Cotton             Marshall
                                                                                                                                               Tuberville
                                               tional security threat to our Nation.                   Cramer             McConnell
                                                                                                                                               Vance           tagon’s unfunded priorities list by——
                                                 This past weekend alone, the Border                   Crapo              Moran
                                                                                                       Daines             Mullin               Wicker            The PRESIDENT pro tempore. The
                                               Patrol made over 13,000 apprehensions.                  Ernst              Murkowski            Young           Senator’s time has expired.
                                               There were over 4,000 ‘‘got-aways’’; and                Fischer            Ricketts                               Mr. SULLIVAN. By $18 billion.



                                         VerDate Sep 11 2014   03:52 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00029   Fmt 0624   Sfmt 0634    E:\CR\FM\A01JN6.006   S01JNPT1
                                               S1886                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                                 The PRESIDENT pro tempore. The                        Murkowski          Rubio                Tillis            (c) CONTINUED IMPOSITION OF DUTIES.—The
                                                                                                       Paul               Schmitt              Tuberville      duties imposed under subsection (b) with re-
                                               Senator’s time has expired.                             Ricketts           Scott (FL)           Vance
                                                 Mr. SULLIVAN. And it raises——                                                                                 spect to articles imported into the United
                                                                                                       Risch              Scott (SC)           Wicker          States from the People’s Republic of China
                                                 Madam President, I ask unanimous                      Romney             Sinema               Young
                                                                                                       Rosen              Sullivan                             shall remain in effect until the total value
                                               consent for 30 seconds more.                                                                                    calculated under paragraph (1) of subsection
                                                                                                       Rounds             Thune
                                                 The PRESIDENT pro tempore. Is                                                                                 (a) is equal to or less than the total value
                                               there objection?                                                             NAYS—48
                                                                                                                                                               calculated under paragraph (2) of that sub-
                                                 Mr. SULLIVAN. And for fiscal year                     Baldwin            Heinrich             Peters          section for the preceding calendar year.
                                                                                                       Bennet             Hickenlooper         Reed
                                               2025, it raises the defense top line by 5               Blumenthal         Hirono               Sanders           Mr. HAWLEY. Madam President, in
                                               percent to simply keep pace with infla-                 Booker             Kaine                Schatz          the last 20 years in the State of Mis-
                                               tion. These increases are offset by re-                 Brown              Kelly                Schumer         souri, we have lost 60,000 jobs to the
                                               scinding the additional amounts from                    Cantwell           King                 Shaheen
                                                                                                       Cardin             Klobuchar            Smith           People’s Republic of China. That num-
                                               the President’s $80 billion plus-up from                Carper             Luján               Stabenow        ber nationwide is almost 4 million. Our
                                               the IRS.                                                Casey              Manchin              Tester          trade deficit with China, as we stand
                                                 So, my colleagues, the choice is                      Coons              Markey               Van Hollen
                                                                                                       Cortez Masto       Menendez             Warner
                                                                                                                                                               here tonight, is at near-record levels,
                                               clear: more Navy ships, soldiers, and                   Duckworth          Merkley              Warnock         and every dollar of that deficit rep-
                                               marines to protect America or more                      Durbin             Murphy               Warren          resents blue-collar jobs destroyed, in-
                                               IRS agents to harass Americans. I urge                  Fetterman          Murray               Welch           dustry shuttered, manufacturing ca-
                                               a ‘‘yes’’ vote on this important amend-                 Gillibrand         Ossoff               Whitehouse
                                                                                                       Hassan             Padilla              Wyden           pacity withering away.
                                               ment.                                                                                                             I would submit to you that it is the
                                                 The PRESIDENT pro tempore. The                                         NOT VOTING—3
                                                                                                                                                               most important deficit that we face.
                                               Senator from Oregon is recognized.                      Cruz               Feinstein            Hagerty         We can talk about budget reforms, and
                                                 Mr. WYDEN. Madam President, I op-                       The PRESIDENT pro tempore. On                         we can talk about savings here and
                                               pose the gentleman’s amendment, and                     this vote, the yeas are 49, the nays are                there, but until we do the work of
                                               Senate Democrats will keep this Cham-                   48.                                                     bringing back productive capacity to
                                               ber on time.                                              Under the previous order requiring 60                 this Nation and good-paying blue-col-
                                                 There are three important reasons to                  votes for the adoption of this amend-                   lar jobs you can raise a family on, we
                                               vote against this amendment. First, it                  ment, the amendment is not agreed to.                   will not put our economy on the basis
                                               would be an even bigger Republican                        The amendment (No. 125) was re-                       that we need to address the economic
                                               handout to wealthy tax cheats—nearly                    jected.                                                 challenges that we face.
                                               $200 billion. Second, at a time when                      Mr. SCHUMER. That took 9 minutes                        So my amendment does something
                                               Congress is supposed to be debating fis-                40 seconds. Keep going.                                 very simple. It imposes across-the-
                                               cal responsibility, this amendment                        (Applause.)                                           board tariffs on China for every year in
                                               double counts billions and billions of                    The PRESIDENT pro tempore. The                        which we have a trade deficit until
                                               dollars by increasing the deficit with                  Senator from Missouri.                                  that deficit is zero. Bring back jobs to
                                                                                                                        AMENDMENT NO. 93
                                               more spending on defense contractors                                                                            this country.
                                               and bigger handouts to wealthy tax                        Mr. HAWLEY. Madam President, I                          I urge a ‘‘yes’’ vote.
                                               cheats.                                                 call up my amendment No. 93, and I                        The PRESIDENT pro tempore. The
                                                 Finally, this Senate should focus on                  ask that it be reported by number.                      Senator’s time has expired.
                                               better service to taxpayers, improved                     The PRESIDENT pro tempore. The                          The Senator from Ohio.
                                               information technology, and ending                      clerk will report.                                        Mr. BROWN. Madam President, I rise
                                                                                                         The senior assistant legislative clerk                in opposition to the amendment.
                                               the free ride once and for all for
                                                                                                       read as follows:                                          I take a back seat to no one when it
                                               wealthy tax cheats.
                                                                                                         The Senator from Missouri [Mr. HAWLEY]                comes to standing up to China.
                                                 I urge colleagues to oppose the                       proposes an amendment numbered 93.
                                               amendment.                                                                                                      LINDSEY GRAHAM and I have been fight-
                                                                                                            The amendment is as follows:                       ing to close the trade deficit for dec-
                                                           VOTE ON AMENDMENT NO. 125
                                                                                                       (Purpose: To require the imposition of addi-            ades.
                                                 The PRESIDENT pro tempore. The                          tional duties with respect to articles im-              I went to junior high at Johnny
                                               question is on agreeing to the amend-                     ported from the People’s Republic of China            Appleseed Junior High in Mansfield,
                                               ment.                                                     until trade between the United States and
                                                                                                         the People’s Republic of China comes into
                                                                                                                                                               OH, with the sons and daughters of ma-
                                                 Mr. WICKER. I ask for the yeas and
                                                                                                         balance)                                              chinists and IUE members and steel-
                                               nays.
                                                                                                         At the appropriate place, insert the fol-             workers and auto workers and car-
                                                 The PRESIDENT pro tempore. Is
                                                                                                       lowing:                                                 penters and millwrights and plumbers
                                               there a sufficient second?
                                                                                                       SEC. ll. IMPOSITION OF DUTIES TO BALANCE                and pipefitters and operating engi-
                                                 There appears to be a sufficient sec-                            TRADE WITH THE PEOPLE’S REPUB-               neers. Ten years later, most of these
                                               ond.                                                               LIC OF CHINA.
                                                                                                                                                               jobs were gone, and so much of indus-
                                                 The clerk will call the roll.                           (a) CALCULATION OF TRADE WITH THE PEO-
                                                                                                                                                               trial America all over the country has
                                                 The senior assistant legislative clerk                PLE’S REPUBLIC OF CHINA.—Not later than
                                                                                                       January 31 of each year, the President shall            been lost because of bad trade policy
                                               called the roll.
                                                                                                       calculate and publish in the Federal Reg-               with China.
                                                 Mr. DURBIN. I announce that the                                                                                 But do you know? The People’s Re-
                                               Senator from California (Mrs. FEIN-                     ister, for the preceding calendar year—
                                                                                                         (1) the total value of articles imported into         public of China would love for us to
                                               STEIN) is necessarily absent.
                                                                                                       the United States from the People’s Republic            pass this amendment because, if it
                                                 Mr. THUNE. The following Senators                     of China; and                                           passes, the United States of America
                                               are necessarily absent: The Senator                       (2) the total value of articles exported from         will default, and they will be rejoicing
                                               from Texas (Mr. CRUZ) and the Senator                   the United States to the People’s Republic of           in Beijing.
                                               from Tennessee (Mr. HAGERTY).                           China.
                                                                                                                                                                 Stand up to China. Vote no on this
                                                 The result was announced—yeas 49,                       (b) IMPOSITION OF DUTIES.—
                                                                                                         (1) IN GENERAL.—If the total value cal-               amendment.
                                               nays 48, as follows:
                                                                                                       culated under paragraph (1) of subsection (a)                      VOTE ON AMENDMENT NO. 93
                                                           [Rollcall Vote No. 139 Leg.]                exceeds the total value calculated under                  The PRESIDENT pro tempore. The
                                                                    YEAS—49                            paragraph (2) of that subsection for the pre-           question occurs on agreeing to amend-
                                                                                                       ceding calendar year, the President shall im-




SSpencer on DSK126QN23PROD with SENATE
                                               Barrasso          Cotton             Hyde-Smith                                                                 ment No. 93.
                                               Blackburn         Cramer             Johnson            pose an additional duty with respect to each              Mr. HAWLEY. Madam President, I
                                               Boozman           Crapo              Kennedy            article imported into the United States from
                                               Braun             Daines             Lankford           the People’s Republic of China of 25 percent
                                                                                                                                                               ask for the yeas and nays.
                                               Britt             Ernst              Lee                ad valorem.                                               The PRESIDENT pro tempore. Is
                                               Budd              Fischer            Lummis                                                                     there a sufficient second?
                                               Capito            Graham             Marshall
                                                                                                         (2) ADDITIONAL DUTIES.—A duty imposed
                                               Cassidy           Grassley           McConnell          under paragraph (1) shall be in addition to               There appears to be a sufficient sec-
                                               Collins           Hawley             Moran              any duty previously applicable with respect             ond.
                                               Cornyn            Hoeven             Mullin             to an article.                                            The clerk will call the roll.



                                         VerDate Sep 11 2014   06:35 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00030   Fmt 0624   Sfmt 0634    E:\CR\FM\G01JN6.054   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                       S1887
                                                 The legislative clerk called the roll.                minutes, equally divided, to this                        Mr. KENNEDY. Thank you, Madam
                                                 Mr. DURBIN. I announce that the                       amendment under the previous agree-                    President.
                                               Senator from California (Mrs. FEIN-                     ment.                                                    I think we all know the June 5 dead-
                                               STEIN) is necessarily absent.                              The Senator from Louisiana.                         line is a fiction. It is. We know that.
                                                 Mr. THUNE. The following Senator is                      Mr. KENNEDY. Madam President,                       We know that the Treasury Secretary
                                               necessarily absent: The Senator from                    the American people are the most gen-                  can take special measures to extend
                                               Tennessee Mr. (HAGERTY).                                erous people in the world. In our coun-                the deadline until the middle of June,
                                                 The result was announced—yeas 17,                     try, if you are hungry, we will feed you.              when tax revenues will come in. I un-
                                               nays 81, as follows:                                    If you are homeless, we will try to                    derstand the need to go ahead and act,
                                                           [Rollcall Vote No. 140 Leg.]                house you. If you are sick, we will pay                but we all know that.
                                                                                                       for your doctor. I am very proud of                      Let me say it again. Those who can
                                                                    YEAS—17
                                                                                                       that, and I know you are too. However,                 work should work. Those who can work
                                               Blackburn         Lummis             Schmitt
                                               Braun             Marshall
                                                                                                       those who can work should work.                        should work, and that is all my amend-
                                                                                    Scott (FL)
                                               Britt             Mullin             Scott (SC)         Those who can work should work.                        ment does.
                                               Graham            Ricketts           Tuberville            A person without a job is not                                   VOTE ON AMENDMENT NO. 104
                                               Hawley            Risch              Vance              healthy, not happy, and not free. His-
                                               Hyde-Smith        Rubio                                                                                          The PRESIDENT pro tempore. Is
                                                                                                       tory has demonstrated that the best so-
                                                                   NAYS—81                             cial program is a job. The best social                 there further debate?
                                                                                                                                                                If not, the question is on agreeing to
                                               Baldwin           Fischer            Padilla            program is a job. Free enterprise has
                                               Barrasso          Gillibrand         Paul               lifted more people out of poverty than                 the amendment.
                                               Bennet            Grassley           Peters                                                                      Mr. WICKER. I ask for the yeas and
                                                                                                       all the social programs put together.
                                               Blumenthal        Hassan             Reed
                                                                                                       So while we should continue to be gen-                 nays.
                                               Booker            Heinrich           Romney                                                                      The PRESIDENT pro tempore. Is
                                               Boozman           Hickenlooper       Rosen              erous to our neighbors as Americans,
                                               Brown             Hirono             Rounds                                                                    there a sufficient second?
                                                                                                       we also need to repeat and repeat
                                               Budd              Hoeven             Sanders                                                                     There appears to be a sufficient sec-
                                                                                                       often: Those who can work should
                                               Cantwell          Johnson            Schatz                                                                    ond.
                                               Capito            Kaine              Schumer            work.
                                               Cardin            Kelly              Shaheen               My amendment would make the food                      The clerk will call the roll.
                                               Carper            Kennedy            Sinema             stamp work requirement in this bill                      The senior assistant legislative clerk
                                               Casey             King               Smith
                                                                                                       permanent. It would remove the sun-                    called the roll.
                                               Cassidy           Klobuchar          Stabenow                                                                    Mr. DURBIN. I announce that the
                                               Collins           Lankford           Sullivan           set.
                                               Coons             Lee                Tester                The PRESIDENT pro tempore. The                      Senator from California (Mrs. FEIN-
                                               Cornyn            Luján             Thune                                                                     STEIN) is necessarily absent.
                                                                                                       Senator from Michigan.
                                               Cortez Masto      Manchin            Tillis
                                                                                                          Ms. STABENOW. Madam President,                        Mr. THUNE. The following Senators
                                               Cotton            Markey             Van Hollen                                                                are necessarily absent: The Senator
                                               Cramer            McConnell          Warner             first of all, the great news is, we have
                                               Crapo             Menendez           Warnock            a robust economy growing, more small                   from Texas Mr. (CRUZ) and the Senator
                                               Cruz              Merkley            Warren             businesses opening, the lowest unem-                   from Tennessee Mr. (HAGERTY).
                                               Daines            Moran              Welch                                                                       The yeas and nays resulted—yeas 46,
                                               Duckworth         Murkowski          Whitehouse         ployment rate in a generation, and we
                                               Durbin            Murphy             Wicker             all want people to be able to work.                    nays 51, as follows:
                                               Ernst             Murray             Wyden                 Let me speak to the reality of what                             [Rollcall Vote No. 141 Leg.]
                                               Fetterman         Ossoff             Young              is in this bill. First of all, we have had                                  YEAS—46
                                                                NOT VOTING—2                           work requirements for people who are                   Barrasso          Graham          Risch
                                               Feinstein         Hagerty                               single adults with no dependents since                 Blackburn         Grassley        Romney
                                                                                                                                                              Boozman           Hawley          Rounds
                                                                                                       the 1990s. If you don’t work, if you are
                                                 The PRESIDENT pro tempore. On                                                                                Braun             Hoeven          Rubio
                                                                                                       not in school, the most you can qualify                Britt             Hyde-Smith
                                               this vote, the yeas are 17, the nays are                                                                                                         Schmitt
                                                                                                       for is 3 months’ worth of SNAP within                  Budd              Johnson         Scott (FL)
                                               81.                                                                                                            Capito            Kennedy
                                                                                                       3 years. That is current law—$6 a day is                                                 Scott (SC)
                                                 Under the previous order requiring 60                                                                        Cassidy           Lankford
                                                                                                       what we are talking about.                             Collins           Lee
                                                                                                                                                                                                Sullivan
                                               votes for the adoption of this amend-                      This bill extends that out in terms of                                                Thune
                                                                                                                                                              Cornyn            Lummis
                                               ment, the amendment is not agreed to.                   the age, of the number of people re-                   Cotton            Marshall
                                                                                                                                                                                                Tillis
                                                 The amendment (No. 93) was rejected.                                                                         Cramer                            Tuberville
                                                                                                       quired to be in school or at work, with                                  McConnell
                                                                                                                                                                                                Vance
                                                 Mr. SCHUMER. Madam President, we                      certainly important exemptions for our
                                                                                                                                                              Crapo             Moran
                                                                                                                                                              Daines            Mullin          Wicker
                                               are slipping a little—11 minutes. Let’s                 seniors, for our veterans, and our                                                       Young
                                                                                                                                                              Ernst             Murkowski
                                               stay in our seats.                                      homeless, and it is in place until 2030.               Fischer           Paul
                                                 The PRESIDENT pro tempore. The                           Here is my question: How do you tell                                    NAYS—51
                                               Senator from Louisiana.                                 your constituents that you are willing                 Baldwin           Hickenlooper    Ricketts
                                                               AMENDMENT NO. 104                       to default, create a catastrophic de-                  Bennet            Hirono          Rosen
                                                 Mr. KENNEDY. Madam President, I                       fault now that will raise their unem-                  Blumenthal        Kaine           Sanders
                                               call up my amendment No. 104 and ask                    ployment, cost us jobs, raise interest                 Booker            Kelly           Schatz
                                                                                                                                                              Brown             King            Schumer
                                               that it be reported by number.                          rates, and so on, because you want to                  Cantwell          Klobuchar       Shaheen
                                                 The PRESIDENT pro tempore. The                        change something that is going to be in                Cardin            Luján          Sinema
                                               clerk will report the amendment by                      place until 2030—2030? We have plenty                  Carper            Manchin         Smith
                                               number.                                                                                                        Casey             Markey          Stabenow
                                                                                                       of time to revisit it at that point. This              Coons             Menendez        Tester
                                                 The legislative clerk read as follows:                is a bipartisan agreement.                             Cortez Masto      Merkley         Van Hollen
                                                 The Senator from Louisiana [Mr. KENNEDY]                 I would just suggest it is very irre-               Duckworth         Murphy          Warner
                                               proposes an amendment numbered 104.                     sponsible for us to change something                   Durbin            Murray          Warnock
                                                                                                                                                              Fetterman         Ossoff          Warren
                                                 The amendment is as follows:                          here that we know—the House is gone.                   Gillibrand        Padilla         Welch
                                               (Purpose: To remove the sunset on modifica-             We are going to go into default. We                    Hassan            Peters          Whitehouse
                                                   tion of work requirement exemptions)                make a change and say it is because we                 Heinrich          Reed            Wyden

                                                 In division C, in section 311, strike sub-            wanted something to be extended be-                                      NOT VOTING—3
                                               section (b) and insert the following:                   yond 2030. I would suggest we give this                Cruz              Feinstein       Hagerty
                                                 (b) APPLICATION.—A State agency shall                 a chance, evaluate it.
                                                                                                                                                                The PRESIDING OFFICER (Ms. KLO-




SSpencer on DSK126QN23PROD with SENATE
                                               apply section 6(o)(3) of the Food and Nutri-               I would suggest we vote no.
                                               tion Act of 2008 (7 U.S.C. 2015(6)(o)(3)), as              The PRESIDENT pro tempore. Is                       BUCHAR). On this vote, the yeas are 46,
                                               amended by subsection (a), to any applica-              there further debate?                                  the nays are 51.
                                               tion for initial certification or recertifi-               Mr. KENNEDY. Yes, Madam Presi-                        Under the previous order requiring 60
                                               cation received starting 90 days after the              dent.                                                  votes for the adoption of this amend-
                                               date of enactment of this Act.                             The PRESIDENT pro tempore. The                      ment, the amendment is not agreed to.
                                                The PRESIDENT pro tempore. The                         Senator has 1 minute 11 seconds re-                      The amendment (No. 104) was re-
                                               Senator will be notified that there is 6                maining.                                               jected.



                                         VerDate Sep 11 2014   03:52 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00031   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.056   S01JNPT1
                                               S1888                                             CONGRESSIONAL RECORD — SENATE                                                                 June 1, 2023
                                                 The PRESIDING OFFICER. The ma-                        spending limits specified in subsection (c)(10)        lies and our country’s future, and the
                                               jority leader.                                          for fiscal year 2025 shall be adjusted in the          underlying bill will already force pain-
                                                 Mr. SCHUMER. Madam President,                         final sequestration report, in accordance              ful cuts.
                                                                                                       with paragraph (2), as follows:
                                               101⁄2 minutes. We are getting a little                                                                           This amendment would make it so
                                                                                                         ‘‘(A) for the revised security category, the
                                               better than last time. Let’s get it down                amount specified in subsection (c)(10)(A), re-         the consequences of failing to pass our
                                               to 10. Stay here. We are all getting to                 duced by one percent.                                  appropriations bills falls heavily on our
                                               know each other now.                                      ‘‘(B) For the revised nonsecurity category,          nondefense programs, and that will
                                                 The PRESIDING OFFICER. The Sen-                       the amount specified in subsection (c)(10)(B),         hurt our families across the country.
                                               ator from Arkansas.                                     reduced by one percent.                                Let me be clear. We will not let that
                                                               AMENDMENT NO. 106                         ‘‘(2)   FINAL      REPORT;    SEQUESTRATION          happen.
                                                                                                       ORDER.—If the conditions specified in para-              None of us want to end up in a situa-
                                                 Mr. COTTON. Madam President, I
                                                                                                       graph (1) are met during fiscal year 2025, the
                                               call up my amendment No. 106 and ask                                                                           tion where we have a CR in the first
                                                                                                       final sequestration report for such fiscal
                                               that it be reported by number.                          year pursuant to section 254(f)(1) and any             place. That is exactly why I am com-
                                                 The PRESIDING OFFICER. The                            order pursuant to section 254(f)(5) shall be           mitted to making sure that we write
                                               clerk will report the amendment by                      issued on the earlier of—                              the strongest 12 funding bills possible
                                               number.                                                   ‘‘(A) 10 days, not including weekends and            and get them passed in a timely way.
                                                 The senior assistant legislative clerk                holidays, for the Congressional Budget Of-               This amendment will set us back
                                               read as follows:                                        fice, and 15 days, not including weekends and          even further and target the programs
                                                                                                       holidays, for the Office of Management and             that are a lifeline for working people in
                                                 The Senator from Arkansas [Mr. COTTON]
                                                                                                       Budget, after the enactment into law of an-            this country.
                                               proposes an amendment numbered 106.
                                                                                                       nual full-year appropriations for all budget
                                                 The amendment is as follows:                          accounts that normally receive such annual
                                                                                                                                                                I urge my colleagues to vote no.
                                               (Purpose: To provide appropriate adjust-                appropriations (or the enactment of the ap-                        VOTE ON AMENDMENT NO. 106
                                                 ments to the discretionary spending limits,           plicable full-year appropriations Acts with-             The PRESIDING OFFICER. The
                                                 in the event of funding under a continuing            out any provision for such accounts); or               question is on agreeing to the amend-
                                                 resolution)                                             ‘‘(B) April 30, 2025.                                ment.
                                                 Strike section 102 and insert the following:            ‘‘(3) REVERSAL.—If, after January 1, 2025,             Mr. WICKER. I ask for the yeas and
                                                                                                       there are enacted into law each of the full
                                               SEC. 102. SPECIAL ADJUSTMENTS FOR FISCAL                                                                       nays.
                                                          YEARS 2024 AND 2025.                         year discretionary appropriation Acts, then
                                                                                                       the adjustment to the applicable discre-
                                                                                                                                                                The PRESIDING OFFICER. Is there a
                                                 Section 251 of the Balanced Budget and                                                                       sufficient second?
                                               Emergency Deficit Control Act of 1985 is                tionary spending limits in paragraph (1)
                                                                                                       shall have no force or effect, and the discre-           There appears to be a sufficient sec-
                                               amended by adding at the end the following:
                                                 ‘‘(d) REVISED DISCRETIONARY SPENDING LIM-             tionary spending limits for the revised secu-          ond.
                                               ITS FOR FISCAL YEAR 2024.—                              rity category and revised nonsecurity cat-               The clerk will call the roll.
                                                 ‘‘(1) IN GENERAL.—Subject to paragraph (3),           egory for the applicable fiscal year shall be            Mr. THUNE. The following Senator is
                                               if on or after January 1, 2024, there is in ef-         such limits as in effect on December 31 of the         necessarily absent: the Senator from
                                               fect an Act making continuing appropria-                applicable fiscal year.’’.                             Tennessee (Mr. HAGERTY).
                                               tions for part of fiscal year 2024 for any dis-           Mr. COTTON. Madam President, col-                      The result was announced—yeas 48,
                                               cretionary budget account, the discretionary            leagues, this bill has budget caps for                 nays 51, as follows:
                                               spending limits specified in subsection (c)(9)          domestic and defense spending. I don’t                             [Rollcall Vote No. 142 Leg.]
                                               for fiscal year 2024 shall be adjusted in the           like the defense number this year. I
                                               final sequestration report, in accordance                                                                                           YEAS—48
                                               with paragraph (2), as follows:
                                                                                                       like it even less next year. That is why               Barrasso          Fischer          Paul
                                                 ‘‘(A) For the revised security category, the          I am opposing it.                                      Blackburn         Graham           Ricketts
                                               amount specified in subsection (c)(9)(A), re-             But it also has a much worse provi-                  Boozman           Grassley         Risch
                                               duced by one percent.                                   sion. It has a 1-percent automatic re-                 Braun             Hawley           Romney
                                                                                                                                                              Britt             Hoeven           Rounds
                                                 ‘‘(B) For the revised nonsecurity category,           duction that is based on last year’s om-               Budd              Hyde-Smith       Rubio
                                               the amount specified in subsection (c)(9)(B),           nibus, not the caps on this bill. Let me               Capito            Johnson          Schmitt
                                               reduced by one percent.                                 restate that: last year’s omnibus, not                 Cassidy           Kennedy          Scott (FL)
                                                 ‘‘(2)    FINAL     REPORT;    SEQUESTRATION                                                                  Collins           Lankford         Scott (SC)
                                                                                                       this bill.
                                               ORDER.—If the conditions specified in para-                                                                    Cornyn            Lee              Sullivan
                                                                                                         So if we go to a continuing resolution               Cotton            Lummis           Thune
                                               graph (1) are met during fiscal year 2024, the
                                               final sequestration report for such fiscal              on October 1, which we almost always                   Cramer            Marshall         Tillis
                                               year pursuant to section 254(f)(1) and any              do, domestic spending will go up by $61                Crapo             McConnell        Tuberville
                                                                                                                                                              Cruz              Moran            Vance
                                               order pursuant to section 254(f)(5) shall be            billion while defense goes down by $27                 Daines            Mullin           Wicker
                                               issued on the earlier of—                               billion—not the caps in this bill.                     Ernst             Murkowski        Young
                                                 ‘‘(A) 10 days, not including weekends and               If the sequester of 1 percent kicks in,
                                               holidays, for the Congressional Budget Office                                                                                      NAYS—51
                                                                                                       domestic spending will go up by $61 bil-
                                               and 15 days, not including weekends and                                                                        Baldwin           Heinrich         Reed
                                                                                                       lion and defense will go down by $37                   Bennet            Hickenlooper     Rosen
                                               holidays, for the Office of Management and              billion. Progressives will get more wel-
                                               Budget, after the enactment into law of an-                                                                    Blumenthal        Hirono           Sanders
                                               nual full-year appropriations for all budget
                                                                                                       fare for grown men who refuse to work                  Booker            Kaine            Schatz
                                                                                                       while defense is slashed. Think about                  Brown             Kelly            Schumer
                                               accounts that normally receive such annual                                                                     Cantwell          King             Shaheen
                                               appropriations (or the enactment of the ap-             the incentives this gives to the Demo-                 Cardin            Klobuchar        Sinema
                                               plicable full-year appropriations Acts with-            cratic leader when it comes to appro-                  Carper            Luján           Smith
                                               out any provision for such accounts); or                priations bills.                                       Casey             Manchin          Stabenow
                                                 ‘‘(B) April 30, 2024.                                   I ask for a simple change in this                    Coons             Markey           Tester
                                                 ‘‘(3) REVERSAL.—If, after January 1, 2024,                                                                   Cortez Masto      Menendez         Van Hollen
                                                                                                       amendment. The sequester should be                     Duckworth         Merkley          Warner
                                               there are enacted into law each of the full             based on the caps that you are about to                Durbin            Murphy           Warnock
                                               year discretionary appropriation Acts, then                                                                    Feinstein         Murray           Warren
                                                                                                       agree to, not last year’s spending bill.
                                               the adjustment to the applicable discre-                                                                       Fetterman         Ossoff           Welch
                                               tionary spending limits in paragraph (1)                  I yield the floor.                                   Gillibrand        Padilla          Whitehouse
                                               shall have no force or effect, and the discre-            The PRESIDING OFFICER. The Sen-                      Hassan            Peters           Wyden
                                               tionary spending limits for the revised secu-           ator from Washington.
                                                                                                                                                                                NOT VOTING—1
                                               rity category and revised nonsecurity cat-                Mrs. MURRAY. Madam President, I
                                               egory for the applicable fiscal year shall be           rise in opposition to the Senator’s                                      Hagerty
                                               such limits as in effect on December 31 of the          amendment.                                               The PRESIDENT pro tempore. On




SSpencer on DSK126QN23PROD with SENATE
                                               applicable fiscal year.                                   Our defense spending is critical, but                this vote, the yeas are 48 and the nays
                                                 ‘‘(e) REVISED DISCRETIONARY SPENDING LIM-             so are our investments to combat                       are 51.
                                               ITS FOR FISCAL YEAR 2025.—
                                                                                                       fentanyl; rebuild American manufac-                      Under the previous order requiring 60
                                                 ‘‘(1) IN GENERAL.—Subject to paragraph (3),
                                               if on or after January 1, 2025, there is in ef-         turing, especially for things like chips;              votes for the adoption of this amend-
                                               fect an Act making continuing appropria-                improve access to childcare, early                     ment, the amendment is rejected.
                                               tions for part of fiscal year 2025 for any dis-         learning, and a lot more. We cannot                      The amendment (No. 106) was re-
                                               cretionary budget account, the discretionary            shortchange our investments in fami-                   jected.



                                         VerDate Sep 11 2014   06:01 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00032   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.059   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                          S1889
                                                 The PRESIDENT pro tempore. Who                        strongly urge          a     vote    against          this     The Senator from Utah [Mr. LEE] proposes
                                               seeks recognition?                                      amendment.                                                   an amendment numbered 98.
                                                 The Senator from North Carolina is                                VOTE ON AMENDMENT NO. 134                         The amendment is as follows:
                                               recognized.                                               The PRESIDENT pro tempore. The                             (Purpose: To strike the waiver authority for
                                                               AMENDMENT NO. 134                       question is on agreeing to the amend-                                  Administrative PAYGO)
                                                 Mr. BUDD. Madam President, I ask                      ment.                                                         Strike section 265 of title III of division B.
                                               unanimous consent to call up Senate                       Mr. BUDD. Madam President, any re-                           Mr. LEE. Madam President, this
                                               amendment No. 134 and ask that it be                    maining time?                                                amendment is simple. It strikes sec-
                                               reported by number.                                       The PRESIDENT pro tempore. The                             tion 265 of this bill. Section 263 creates
                                                 The PRESIDENT pro tempore. The                        Senator has 5 seconds.                                       a regulatory pay-go measure, but sec-
                                               clerk will report the amendment by                        Mr. BUDD. I ask for the yeas and                           tion 265 nullifies that by giving out-
                                               number.                                                 nays.                                                        right, complete discretion to the Direc-
                                                 The bill clerk read the amendment as                    The PRESIDENT pro tempore. Is                              tor of OMB—who, by the way, just an-
                                               follows:                                                there a sufficient second?                                   nounced the day before yesterday from
                                                The Senator from North Carolina [Mr.                     There appears to be a sufficient sec-                      the White House that she would use
                                               BUDD] proposes an amendment numbered 134.               ond.                                                         this effectively to nullify the regu-
                                                 The amendment is as follows:                            The senior assistant legislative clerk                     latory pay-as-you-go measure.
                                                                                                       called the roll.                                               Please support my amendment.
                                                 Strike title I of division B and insert the
                                                                                                         Mr. THUNE. The following Senator                             I yield the rest of my time to the
                                               following:
                                                                                                       was necessarily absent: the Senator                          Senator from Louisiana.
                                                TITLE I—RESCISSION OF UNOBLIGATED
                                                                                                                                                                      The PRESIDENT pro tempore. The
                                                                   FUNDS                               from Tennessee (Mr. HAGERTY).
                                                                                                                                                                    Senator from Louisiana is recognized.
                                               SEC.   201.    RESCISSION  OF  UNOBLIGATED                The result was announced—yeas 47
                                                             CORONAVIRUS FUNDS.
                                                                                                                                                                      Mr. KENNEDY. Madam President, it
                                                                                                       nays 52, as follows:
                                                 The unobligated balances of amounts ap-                                                                            is late, and I will be candid.
                                                                                                                   [Rollcall Vote No. 143 Leg.]                       To my colleagues, I say, not a single
                                               propriated or otherwise made available by
                                                                                                                            YEAS—47                                 one of you is a dummy. Not a single
                                               the American Rescue Plan Act of 2021 (Pub-
                                               lic Law 117–2), and by each of Public Laws              Barrasso           Fischer               Ricketts            one of your mothers raised a fool, and
                                               116–123, 116–127, 116–136, and 116–139 and divi-        Blackburn          Graham                Risch               if she did, it was one of your siblings.
                                                                                                       Boozman            Grassley              Romney
                                               sions M and N of Public Law 116–260, are                Braun              Hawley                                    We all know that a pay-go requirement
                                                                                                                                                Rounds
                                               hereby permanently rescinded, except for—               Britt              Hoeven                                    for a regulation that can be waived by
                                                                                                                                                Rubio
                                                 (1) such amounts that were appropriated or            Budd               Hyde-Smith            Schmitt             the proponent of the regulation is
                                               otherwise made available to the Department              Capito             Johnson               Scott (FL)          meaningless.
                                               of Veterans Affairs; and                                Cassidy            Kennedy               Scott (SC)
                                                 (2) amounts made available under section              Collins            Lankford                                    This amendment will provide that
                                                                                                                                                Sullivan
                                               601 of division HH of Public Law 117–328.               Cornyn             Lee
                                                                                                                                                Thune
                                                                                                                                                                    the pay-go requirement cannot be
                                                                                                       Cotton             Lummis                                    waived.
                                                 Mr. BUDD. Madam President, on                         Cramer                                   Tillis
                                                                                                                          Marshall
                                                                                                                                                Tuberville            The PRESIDENT pro tempore. The
                                               March 13 of 2020, the Federal Govern-                   Crapo              McConnell
                                                                                                                                                Vance               Senator’s time is expired.
                                                                                                       Cruz               Moran
                                               ment declared a national emergency                      Daines             Mullin                Wicker                The Senator from Michigan is recog-
                                               concerning the COVID–19 pandemic.                       Ernst              Paul                  Young               nized.
                                               More than 3 years later, on May 11,                                                                                    Mr. PETERS. Madam President, the
                                                                                                                            NAYS—52
                                               2023, that declaration ended. And yet,                                                                               Lee amendment is an unnecessary
                                                                                                       Baldwin            Hickenlooper          Rosen
                                               to this day, billions of COVID dollars                  Bennet             Hirono                                    roadblock to this bipartisan deal, and
                                                                                                                                                Sanders
                                               throughout the Federal Government                       Blumenthal         Kaine                 Schatz              it would interfere with the delivery of
                                               remain unspent.                                         Booker             Kelly                 Schumer             essential government services in times
                                                 So let’s be clear. Each and every one                 Brown              King                  Shaheen
                                                                                                       Cantwell           Klobuchar                                 of need.
                                               of those dollars came from a hard-                                                               Sinema
                                                                                                       Cardin             Luján                Smith
                                                                                                                                                                      If adopted, this amendment would
                                               working taxpayer, from a working fam-                   Carper             Manchin               Stabenow            prevent Agencies from exercising their
                                               ily’s budget. That is why my amend-                     Casey              Markey
                                                                                                                                                Tester              discretion and acting quickly in times
                                                                                                       Coons              Menendez
                                               ment would rescind an additional $17                    Cortez Masto       Merkley
                                                                                                                                                Van Hollen          of need, such as during a national
                                               billion of unspent COVID money.                         Duckworth          Murkowski
                                                                                                                                                Warner
                                                                                                                                                                    emergency or natural disaster. The
                                                 If we really want the Fiscal Respon-                  Durbin             Murphy                Warnock
                                                                                                                                                Warren              government must be able to provide es-
                                               sibility Act to live up to its name, the                Feinstein          Murray
                                                                                                       Fetterman          Ossoff                Welch               sential services to the public. And it is
                                               least we can do is to rescind the tax-                  Gillibrand         Padilla               Whitehouse          important to promote offsets and save
                                               payer dollars that remain to fight a                    Hassan             Peters                Wyden               taxpayer dollars. We understand that.
                                               pandemic that everyone knows is over.                   Heinrich           Reed
                                                                                                                                                                    But we must also ensure that the
                                               Every taxpayer dollar is sacred and                                      NOT VOTING—1                                American people receive the services
                                               should be treated that way.                                                Hagerty                                   they need and protect our economy.
                                                 I yield the floor.                                                                                                 That is why we must vote to quickly
                                                 The PRESIDENT pro tempore. The                          The PRESIDENT pro tempore. On
                                                                                                       this vote, the yeas are 47, the nays are                     pass this bipartisan bill without
                                               Senator from Oregon.                                                                                                 amendment to avoid a catastrophic de-
                                                 Mr. WYDEN. Madam President, I rise                    52.
                                                                                                         Under the previous order requiring 60                      fault.
                                               in opposition.                                                                                                         I urge my colleagues to vote no on
                                                 The bipartisan package importantly                    votes for adoption of this amendment,
                                                                                                                                                                    the Lee amendment.
                                               negotiated between Speaker MCCARTHY                     the amendment is rejected.
                                                                                                                                                                             VOTE ON AMENDMENT NO. 98
                                               and President Biden, in fact, makes                       The amendment (No. 134) was re-
                                                                                                       jected.                                                        The PRESIDENT pro tempore. The
                                               specific rescissions to unused COVID                                                                                 question is on agreeing to the amend-
                                               funds while protecting important fund-                    Mr. SCHUMER. All right, everybody,
                                                                                                       that is our record—9:20. Let’s beat it.                      ment.
                                               ing for programs that are still nec-                                                                                   Mr. LEE. I ask for the yeas and nays.
                                               essary to support our community.                          The PRESIDENT pro tempore. The
                                                                                                                                                                      The PRESIDENT pro tempore. Is
                                                 This amendment, colleagues, goes be-                  Senator from Utah.
                                                                                                                                                                    there a sufficient second?
                                               yond the McCarthy-Biden agreement.                                       AMENDMENT NO. 98
                                                                                                                                                                      There appears to be a sufficient sec-
                                               This amendment would take an ax to                        Mr. LEE. Madam President, I call up




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                                    ond.
                                               nearly all of the funding in the Recov-                 my amendment No. 98 and ask that it                            The clerk will call the roll.
                                               ery Act and several other COVID bills,                  be reported by number.                                         The bill clerk called the roll.
                                               even if the communities are still de-                     The PRESIDENT pro tempore. The                               Mr. THUNE. The following Senator is
                                               pending or planning on using that                       clerk will report the amendment by                           necessarily absent: the Senator from
                                               money.                                                  number.                                                      Tennessee (Mr. HAGERTY).
                                                 Blue States or red States, pass this                    The senior assistant legislative clerk                       The result was announced—yeas 48,
                                               amendment and you risk default. I                       read as follows:                                             nays 51, as follows:



                                         VerDate Sep 11 2014   07:50 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00033   Fmt 0624    Sfmt 0634    E:\CR\FM\G01JN6.061    S01JNPT1
                                                S1890               CORRECTION                    CONGRESSIONAL RECORD — SENATE                                                                June 1, 2023
                                                            [Rollcall Vote No. 144 Leg.]                thorough process where they have all                    Please vote no on this, an amend-
                                                                     YEAS—48                            the rights accorded to them by law, ad-               ment by my friend, who I respectfully
                                                Barrasso          Fischer            Paul
                                                                                                        ministrative agency, and judicial re-                 disagree with.
                                                Blackburn         Graham             Ricketts           view. Cutting off those rights is dis-                            VOTE ON AMENDMENT NO. 101
                                                Boozman           Grassley           Risch              respectful to these landowners, who, in                 The PRESIDENT pro tempore. The
                                                Braun             Hawley             Romney             this part of the State, sometimes land
                                                Britt             Hoeven             Rounds                                                                   question now occurs on agreeing to
                                                Budd              Hyde-Smith         Rubio              is all they have, and it has been in                  amendment No. 101.
                                                Capito            Johnson            Schmitt            their family for generations.                           Mr. KAINE. I ask for the yeas and
                                                Cassidy           Kennedy            Scott (FL)           Finally, this bill would strip jurisdic-            nays.
                                                Collins           Lankford           Scott (SC)
                                                Cornyn            Lee                Sullivan           tion of a case away from the Fourth                     The PRESIDENT pro tempore. Is
                                                Cotton            Lummis             Thune              Circuit in the middle of the case. That               there a sufficient second?
                                                Cramer            Marshall           Tillis             is unprecedented and historic.                          There appears to be a sufficient sec-
                                                Crapo             McConnell          Tuberville
                                                Cruz              Moran              Vance
                                                                                                          I used to try cases all the time in                 ond.
                                                Daines            Mullin             Wicker             this circuit. I lost them, and I would                  The clerk will call the roll.
                                                Ernst             Murkowski          Young              appeal them. But I wouldn’t try to get                  The senior assistant legislative clerk
                                                                    NAYS—51                             Congress to strip jurisdiction away                   called the roll.
                                                                                                        from the court because I was unhappy.                   Mr. THUNE. The following Senator is
                                                Baldwin           Heinrich           Reed
                                                Bennet            Hickenlooper       Rosen              No everyday person gets this deal. No                 necessarily absent: the Senator from
                                                Blumenthal        Hirono             Sanders            criminal defendant gets this deal. No                 Tennessee (Mr. HAGERTY).
                                                Booker            Kaine              Schatz                                                                     The result was announced—yeas 30,
                                                Brown             Kelly              Schumer
                                                                                                        small business gets this deal. Nobody
                                                Cantwell          King               Shaheen            gets this deal, and we shouldn’t give it              nays 69, as follows:
                                                Cardin            Klobuchar          Sinema             to some company just because they are                             [Rollcall Vote No. 145 Leg.]
                                                Carper            Luján             Smith              powerful and they have influence in                                        YEAS—30
                                                Casey             Manchin            Stabenow
                                                Coons             Markey             Tester             Congress.                                             Baldwin           Hirono           Rosen
                                                Cortez Masto      Menendez           Van Hollen           For these reasons I ask for a ‘‘yes’’               Blumenthal        Kaine            Sanders
                                                Duckworth         Merkley            Warner                                                                   Booker            Klobuchar        Smith
                                                                                                        vote on my amendment.                                 Cantwell          Lee              Van Hollen
                                                Durbin            Murphy             Warnock
                                                Feinstein         Murray             Warren               The PRESIDENT pro tempore. The                      Cardin            Luján           Warner
                                                Fetterman         Ossoff             Welch              Senator from West Virginia.                           Carper            Markey           Warnock
                                                Gillibrand        Padilla            Whitehouse                                                               Cortez Masto      Menendez         Warren
                                                                                                          Mrs. CAPITO. Madam President, I                     Duckworth         Merkley          Welch
                                                Hassan            Peters             Wyden
                                                                                                        rise in opposition to the Senator’s                   Gillibrand        Murphy           Whitehouse
                                                                 NOT VOTING—1                           amendment. This Mountain Valley                       Heinrich          Paul             Wyden
                                                                  Hagerty                               Pipeline is an important infrastruc-                                      NAYS—69
                                                 The amendment (No. 98) was rejected.                   ture. It has been vetted numerous                     Barrasso          Fischer          Peters
                                                 The PRESIDENT pro tempore. The                         times. It has permitting—all permits                  Bennet            Graham           Reed
                                                                                                        that are from the Virginia Department                 Blackburn         Grassley         Ricketts
                                                Senator from Virginia.                                                                                        Boozman           Hassan           Risch
                                                                AMENDMENT NO. 101                       of Environmental Quality, the Fish and                Braun             Hawley           Romney
                                                  Mr. KAINE. Madam President, I call                    Wildlife, and the Bureau of Land Man-                 Britt             Hickenlooper     Rounds
                                                up my amendment No. 101 and ask that                    agement. These are all permits through                Brown             Hoeven           Rubio
                                                                                                        both administrations—both the Biden                   Budd              Hyde-Smith       Schatz
                                                it be reported by number.                                                                                     Capito            Johnson          Schmitt
                                                  The PRESIDENT pro tempore. The                        and Trump administrations—that have                   Casey             Kelly            Schumer
                                                clerk will report the amendment by                      already been offered. They are in a ju-               Cassidy           Kennedy          Scott (FL)
                                                                                                        dicial hellhole right now where they                  Collins           King             Scott (SC)
                                                number.                                                                                                       Coons             Lankford         Shaheen
                                                  The bill clerk read as follows:                       can’t get out. This is absolutely essen-              Cornyn            Lummis           Sinema
                                                  The Senator from Virginia [Mr. KAINE]                 tial to the eastern seaboard.                         Cotton            Manchin          Stabenow
                                                proposes an amendment numbered 101.                       It is jobs and tax revenues in the                  Cramer            Marshall         Sullivan
                                                                                                                                                              Crapo             McConnell        Tester
                                                  The amendment is as follows:                          State of West Virginia, and I think this              Cruz              Moran            Thune
                                                (Purpose: To strike a provision relating to             is an opportunity for us to cut through               Daines            Mullin           Tillis
                                                  expediting completion of the Mountain                 this redtape and move forward with the                Durbin            Murkowski        Tuberville
                                                                                                        very essential infrastructure package.                Ernst             Murray           Vance
                                                  Valley Pipeline)
                                                                                                                                                              Feinstein         Ossoff           Wicker
                                                  Strike section 324.                                     The PRESIDENT pro tempore. The                      Fetterman         Padilla          Young
                                                  Mr. KAINE. I ask unanimous consent                    Senator from West Virginia.
                                                                                                                                                                               NOT VOTING—1
                                                that there be 4 minutes equally divided                   Mr. MANCHIN. Madam President, I
                                                                                                                                                                                Hagerty
                                                prior to the vote on my amendment,                      also rise in opposition. For eight
                                                with Senators CAPITO and MANCHIN                        years—eight years—and three adminis-                    The PRESIDENT pro tempore. On
                                                each controlling 1 minute in opposi-                    trations this project has been under re-              this vote, the yeas are 30, the nays are
                                                tion.                                                   view. Eight times NEPA—eight times                    69.
                                                  The PRESIDENT pro tempore. With-                      of NEPA reviews. Three times through                    The amendment is not agreed to.
                                                out objection, it is so ordered.                        every Agency. This has been reviewed                    The amendment (No. 101) was re-
                                                  Mr. KAINE. Madam President, I rise                    more than anything in the United                      jected.
                                                to offer an amendment to strip a single                 States of America. The people in this                                 AMENDMENT NO. 102
                                                provision out of this bill: the provision               eastern, southeastern part of the coun-                 The PRESIDENT pro tempore. The
                                                green-lighting the Mountain Valley                      try, especially in the Carolinas, are                 Senator from Louisiana is recognized.
                                                Pipeline.                                               paying sometimes 10 times more for                      Mr. KENNEDY. Madam President, I
                                                  I offer my amendment for three rea-                   gas because of the shortages during se-               call up my amendment No. 102 and ask
                                                sons.                                                   vere weather.                                         that it be reported by number.
                                                  First, this provision that would put                    This is critical for the people of this               The PRESIDENT pro tempore. The
                                                Congress’s thumb on a permitting scale                  country. If you believe in energy secu-               clerk will report the amendment by
                                                is completely unrelated to the debt                     rity, if you believe in energy independ-              number.
                                                ceiling and should not be included in                   ence, and you believe that we should be                 The senior assistant legislative clerk
                                                this bill.                                              the superpower of the world, this helps               read as follows:




sradovich on DSKJLST7X2PROD with DIGEST
                                                  Second, I object on behalf of Virginia                us do that. It puts more product in the                 The Senator from Louisiana [Mr. KENNEDY]
                                                landowners. If you could build a pipe-                  market than anything that we have                     proposes an amendment numbered 102.
                                                line in midair, that is one thing. But                  available. This will be up and running                  The amendment is as follows:
                                                the only way to build it is to use emi-                 in 6 months—6 months. Already, 293                     (Purpose: To require up-to-date employment
                                                nent domain to take people’s land. Vir-                 miles are already built. We only have                     data for waivers of work requirements)
                                                ginians don’t want to have their land                   20 more miles to go to finish it. It is                 In division C, after section 311, insert the
                                                taken for a pipeline unless there is a                  time to finish this project.                          following:




                                          VerDate Sep 11 2014   19:01 Jun 07, 2023   Jkt 039060   PO 00000   Frm 00034   Fmt 0624   Sfmt 0634   E:\RECORD23\JUNE\S01JN3.REC    S01JN3
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                S1891
                                               SEC. 312. WAIVERS.                                      legislation and executive actions add-                 sage of the Fiscal Responsibility Act is
                                                 Section 6(o)(4)(A)(i) of the Food and Nutri-          ing trillions more to our national debt.               a start, but much remains to be done.
                                               tion Act of 2008 (7 U.S.C. 2015(o)(4)(A)(i)) is           Thankfully, the American people had                    Mr. CRAPO. Madam President, the
                                               amended by inserting ‘‘, as determined by                                                                      Inflation Reduction Act, IRA, con-
                                                                                                       enough. They made their voices heard
                                               the most up-to-date employment data’’ be-
                                               fore ‘‘; or’’.                                          through the ballot box. Republicans                    tained a provision for the Internal Rev-
                                                                                                       were handed control of the House of                    enue Service, IRS, to spend $15 million
                                                 The PRESIDENT pro tempore. On                         Representatives based on a promise of                  to deliver a report to Congress on an
                                               this amendment, there is 6 minutes of                   a return to fiscal sanity.                             IRS-run and maintained ‘‘Direct eFile’’
                                               debate, equally divided.                                  Speaker MCCARTHY repeatedly called                   tax return system. This was not a bi-
                                                 The Senator from Louisiana is recog-                  on the President to negotiate a fiscally               partisan provision. In fact, not one Re-
                                               nized.                                                  responsible and timely debt limit in-                  publican Senator or Representative
                                                 Mr. KENNEDY. Madam President,                         crease. Unfortunately, President Biden                 supported the IRA, and none had an op-
                                               this is the last amendment of the                       proved not to be a willing dance part-                 portunity to vote on this specific provi-
                                               evening. I have 3 minutes. I can read a                 ner. He sat idly by for nearly 100 days                sion.
                                               room, and I can count votes.                            watching the clock tick down to de-                      The report, released on May 16, 2023,
                                                 This    amendment      would   require                fault despite the urgent need to raise                 was supposed to address the cost of
                                               States to use the most up-to-date un-                   the debt ceiling and begin to put our                  such a system and the safeguards to
                                               employment data for waivers of food                     fiscal house in order.                                 protect taxpayers, surveys of taxpayer
                                               stamp work requirements. Thank you.                       Speaker MCCARTHY thankfully never                    opinions and findings of an ‘‘inde-
                                                 The PRESIDENT pro tempore. The                        took no for an answer. He kept pushing                 pendent third party’’ on the overall
                                               Senator from Michigan.                                  and rallied House Republicans to pass a                feasibility, approach, schedule, cost,
                                                 Ms. STABENOW. Madam President, I                      debt limit package to pair back spend-                 organizational design and IRS capacity
                                               will be equally brief. The good news is                 ing excesses of the prior Congress and                 to deliver such a Direct eFile tax re-
                                               this is already required by law.                        impose meaningful spending controls                    turn system. It fell far short of these
                                                 This is a total duplication. States                   moving forward.                                        requirements and was conducted by
                                               must already provide up-to-date em-                       House passage of the Limit, Save,                    third parties who had previously ex-
                                               ployment data in order to measure if                    Grow Act put a reasonable and fiscally                 pressed a desire for the IRS to make
                                               they hit a 10-percent unemployment                      responsible offer on the table that                    such an undertaking. Beyond these
                                               rate in order to get a State waiver.                    President Biden couldn’t ignore.                       flaws, the report simultaneously an-
                                               This is unnecessary. Please do not risk                   The bipartisan negotiations that en-                 nounced that the IRS had already built
                                               a default of our country on language                    sued brought us to where we are today,                 functioning     multilingual,     mobile
                                               that is already in the law.                             a bipartisan agreement to address the                  friendly, tax preparation and filing
                                                 Would my friend accept a voice vote?                  debt ceiling while imposing meaningful                 software. However, the Inflation Re-
                                                 Mr. KENNEDY. Madam President.                         brakes on government spending lar-                     duction Act only authorized the IRS to
                                                 The PRESIDENT pro tempore. The                        gess.                                                  spend funds on a report, not the build-
                                               Senator from Louisiana.                                   As is the case with any bipartisan                   ing of the prototype system.
                                                 Mr. KENNEDY. Madam President, I                       agreement, neither side got everything                   The implementation of this provision
                                               will accept a voice vote.                               they wanted. I would have preferred an                 by the Biden administration has clear-
                                                         VOTE ON AMENDMENT NO. 102                     agreement closer to the House-passed                   ly violated Congress’s statutory direc-
                                                 The PRESIDENT pro tempore. The                        bill. But in a closely divided govern-                 tion. Worse, the decision by the admin-
                                               question is on agreeing to the amend-                   ment, you can’t let the perfect be the                 istration to build and publicly launch
                                               ment.                                                   enemy of the good.                                     such a Direct eFile system by January
                                                 The amendment (No. 102) was re-                         The Fiscal Responsibility Act is a                   2024, all without congressional author-
                                               jected.                                                 step in the right direction after years                ity, and using report and IRA funds
                                                 Mr. GRASSLEY. Madam President,                        of unchecked Democrat spending. It                     further violates the IRA and exceeds
                                               for 2 years, Democrats had control of                   will impose meaningful caps on discre-                 the IRS’s statutory authority.
                                               the House, the Senate, and the Presi-                   tionary spending that, over the next 2                   The IRS has publicly indicated it
                                               dency. They took the reins of power as                  years, will produce hundreds of billions               began the diversion of report funds to
                                               the Nation began to emerge from a                       of dollars in savings.                                 the building of the software as early as
                                               pandemic that had upended our econ-                       The agreement also strengthens work                  December 2022, but the software devel-
                                               omy and the lives of all Americans.                     requirements in social welfare pro-                    opment using report funds was not dis-
                                                 Up to that point, Republicans and                     grams and claws back tens of billions                  closed to the public or the Senate until
                                               Democrats had worked together to pass                   in unspent COVID funds.                                May 16, 2023. This is particularly dis-
                                               multiple rounds of COVID relief with                      On the whole, over the next 10 years,                appointing and completely without jus-
                                               strong bipartisan support. That spirit                  this agreement will produce $1.5 tril-                 tification.
                                               of cooperation and bipartisanship came                  lion in savings. However, for all these                  IRS Commissioner Daniel Werfel ap-
                                               to a screeching halt when Democrats                     savings to be realized, Republicans in                 peared before the Senate Finance Com-
                                               took total control in January of 2021.                  the House and in the Senate will need                  mittee on April 19, 2023. In response to
                                                 Rather than viewing the pandemic as                   to stick to their guns and vigorously                  specific questions by both the majority
                                               a challenge that required temporary                     enforce the spending caps.                             and minority about the report and the
                                               measures to overcome, Democrats saw                       As the ranking member of the Senate                  IRS’s intentions, he not only failed to
                                               it as an opportunity to permanently                     Budget Committee, I am prepared to do                  disclose the building of this software
                                               expand the size and scope of govern-                    my part to hold the line and expect the                and the diversion of report funds for
                                               ment. That was the exact opposite of                    House chairman is prepared to do the                   this purpose, but also stated that the
                                               what we needed as a nation.                             same.                                                  IRS had not yet decided to act, when
                                                 Our public debt as a share of the                       As I said earlier, this agreement is a               the facts strongly suggest that it had.
                                               economy had soared to heights many                      step in the right direction. However,                  These responses do not build the trust
                                               would have viewed as unthinkable a                      we have a long road ahead to put our                   he will need to obtain bipartisan sup-
                                               few years earlier. What was sorely                      debt and deficits on a sustainable path.               port from committee members.
                                               needed was a bipartisan focus on put-                     Even assuming all the savings in this                  The Fiscal Responsibility Act con-
                                               ting our fiscal house in order.                         agreement is realized, public debt as a                tains a provision rescinding certain




SSpencer on DSK126QN23PROD with SENATE
                                                 Instead, Democrats rammed through                     share of our economy will exceed World                 IRA funds for the IRS, including
                                               a nearly $2 trillion partisan spending                  War II era record levels in a matter of                unspent funds on the report provision.
                                               bill that prominent Democrat econo-                     years, and annual interest costs will                  An honest and forthright accounting
                                               mists warned risked sparking inflation.                 balloon to over a $1 trillion.                         from the IRS with respect to its ac-
                                               Then, as inflation soared to 40-year                      We have a moral obligation to the                    tions here is essential, including when
                                               highs, Democrats doubled down on                        Nation’s youth to leave them a country                 expenditures were made and if pay-
                                               their reckless spending with additional                 that is on solid financial ground. Pas-                ments were being made in advance of



                                         VerDate Sep 11 2014   06:01 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00035   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.021   S01JNPT1
                                               S1892                                             CONGRESSIONAL RECORD — SENATE                                                                 June 1, 2023
                                               the work being accomplished. Such ac-                   These were announced after the CHIPS                     The legislative clerk called the roll.
                                               countability is a top priority.                         for America Act was enacted and with                     Mr. THUNE. The following Senator is
                                                 With respect to the Direct eFile sys-                 the hope for potential Federal support,                necessarily absent: the Senator from
                                               tem, the IRS has provided no evidence                   but companies aren’t going to walk                     Tennessee (Mr. HAGERTY).
                                               it has authority to create such a sys-                  away from the multi-billion invest-                      Further, if present and voting: the
                                               tem, and, indeed, the evidence strongly                 ment they have already made into                       Senator from Tennessee (Mr. HAGERTY)
                                               indicates it does not. The IRS must im-                 these ongoing projects.                                would have voted ‘‘nay.’’
                                               mediately disclose to the Finance Com-                    The change to the definition of                        The result was announced—yeas 63,
                                               mittee and American people the statu-                   ‘‘major Federal action’’ included in                   nays 36, as follows:
                                               tory provisions it has relied upon to                   section 111 of H.R. 3746, the Fiscal Re-                           [Rollcall Vote No. 146 Leg.]
                                               authorize the administration’s grand                    sponsibility Act of 2023, will ensure                                       YEAS—63
                                               foray into becoming a tax preparation                   that certain projects that would not                   Baldwin           Grassley         Peters
                                               company, blurring lines that should                     otherwise be subject to the National                   Bennet            Hassan           Reed
                                               not be crossed. In doing so, the IRS                    Environmental Policy Act—NEPA—do                       Blumenthal        Heinrich         Romney
                                               will also have to explain how it has not                not in fact trigger NEPA simply by re-                 Booker            Hickenlooper     Rosen
                                                                                                                                                              Boozman           Hirono           Rounds
                                               violated case law prohibiting study                     ceiving a Federal incentive investment                 Brown             Hoeven           Schatz
                                               provisions authorized by Congress from                  through programs, like the CHIPS for                   Cantwell          Kaine            Schumer
                                               being converted by administrative                       America Act, where the provision of                    Capito            Kelly            Shaheen
                                                                                                                                                              Cardin            King             Sinema
                                               agencies into implementation deci-                      Federal funds does not control the out-                Carper            Klobuchar        Smith
                                               sions, as well as those addressing in-                  come of the project. It is important to                Casey             Luján           Stabenow
                                               stances where the IRS has been found                    note that privately funded semicon-                    Collins           Manchin          Tester
                                               to have unilaterally acted beyond its                   ductor manufacturing facilities under-                 Coons             McConnell        Thune
                                                                                                                                                              Cornyn            Menendez         Tillis
                                               statutory authority.                                    go significant environmental reviews.                  Cortez Masto      Moran            Van Hollen
                                                 Make no mistake: Congress has the                       I am grateful that H.R. 3746 clarifies               Cramer            Mullin           Warner
                                               final say on the ability of the IRS to                  the scope of NEPA as it applies to this                Duckworth         Murkowski        Warnock
                                               build and field a Direct eFile program                                                                         Durbin            Murphy           Welch
                                                                                                       narrow subset of projects where Fed-                   Ernst             Murray           Whitehouse
                                               that puts the IRS—the tax collector                     eral agencies do not control the out-                  Feinstein         Ossoff           Wyden
                                               and enforcer—in the business of tax                     come of a project.                                     Gillibrand        Padilla          Young
                                               preparation. Beyond this clearly being                    Mr. OSSOFF. Madam President,                                             NAYS—36
                                               Congress’s prerogative, many policy                     today the Senate takes up legislation                  Barrasso          Graham           Ricketts
                                               reasons weigh against the IRS action,                   to avert an economically catastrophic                  Blackburn         Hawley           Risch
                                               including the intractable conflict of in-               default on U.S. sovereign obligations.                 Braun             Hyde-Smith       Rubio
                                               terest of the IRS being tax return pre-                 The Department of the Treasury has                     Britt             Johnson          Sanders
                                                                                                                                                              Budd              Kennedy          Schmitt
                                               parer, adviser, collector, enforcer, and,               advised the Congress that without pas-                 Cassidy           Lankford         Scott (FL)
                                               in many cases, adjudicator.                             sage of this legislation by June 5, the                Cotton            Lee              Scott (SC)
                                                 It is particularly poignant in the con-               United States will default.                            Crapo             Lummis           Sullivan
                                               text of a bill that attempts to rein in                   Any modifications to the legislative                 Cruz              Markey           Tuberville
                                                                                                                                                              Daines            Marshall         Vance
                                               excessive Federal spending to address                   text under consideration by the Senate                 Fetterman         Merkley          Warren
                                               an Agency action that will assuredly                    will require reconsideration of the                    Fischer           Paul             Wicker
                                               result in billions in future, and ongo-                 measure by the House, pushing passage                                    NOT VOTING—1
                                               ing, expenses to the Federal fisc.                      of such legislation past Treasury’s
                                                                                                                                                                                Hagerty
                                                 We must return to regular order and                   June 5 deadline and forcing a default.
                                               let Congress express itself, rather than                Our overriding governing responsibility                   The   PRESIDING OFFICER (Mr.
                                               be ignored by an Agency intent on                       is to avoid default and the massive eco-               PADILLA). On this vote, the yeas are 63,
                                               overstepping its bounds.                                nomic damage it would impose on                        the nays are 36.
                                                 Mr. KELLY. Madam President, the                       American families and businesses.                        The 60-vote threshold having been
                                               CHIPS for America Act uses innovative                     Accordingly, I will oppose all amend-                achieved, the bill is passed.
                                               funding tools to incentivize private                    ments offered to this measure to en-                     The bill (H.R. 3746) was passed.
                                               companies to construct, modernize, or                   sure Senate passage of the measure as                    Mr. THUNE. Mr. President, I suggest
                                               expand advanced semiconductor manu-                     passed by the House and to protect                     the absence of a quorum.
                                               facturing facilities in the United                      families and businesses from economic                    The PRESIDING OFFICER. The
                                               States. Properly structured, these in-                  catastrophe.                                           clerk will call the roll.
                                               centives can encourage companies to                       Mr. SCHUMER. Madam President,                          The legislative clerk proceeded to
                                               build more facilities, faster, than with-               first, I want to thank everybody for co-               call the roll.
                                               out Federal support. In order to maxi-                  operating. I think we got the most                       Mr. SCHUMER. Mr. President, I ask
                                               mize this opportunity to bring chip                     votes in the least time.                               unanimous consent that the order for
                                               manufacturing back to the United                          Second, and more importantly, we                     the quorum call be rescinded.
                                               States, we can’t allow redundant regu-                  are about to vote on something so im-                    The PRESIDING OFFICER (Mr.
                                               lations to delay projects already under-                portant to the country, and so many of                 KELLY). Without objection, it is so or-
                                               way.                                                    us on both sides of the aisle will know                dered.
                                                 The benefit of Federal funding has in-                that if we do this, we will not default.                                 f
                                               fluenced the pace of investment in the                  That is very, very important.
                                               U.S. At the same time, Federal funding                    Thank you for your cooperation.                                  EXECUTIVE SESSION
                                               doesn’t control the outcome of projects                   The next vote is Tuesday at 5:30 p.m.                                      ---
                                               that are currently being constructed.                     The PRESIDENT pro tempore. Under
                                               The role of the Department of Com-                                                                                    EXECUTIVE CALENDAR
                                                                                                       the previous order, the bill is consid-
                                               merce under the CHIPS for America                       ered read a third time.                                  Mr. SCHUMER. Mr. President, I
                                               Act is to determine whether the                           The bill was ordered to a third read-                move to proceed to executive session to
                                               project is worthy of investing taxpayer                 ing and was read the third time.                       consider Calendar No. 179.
                                               dollars.                                                  The PRESIDENT pro tempore. The                         The PRESIDING OFFICER. The
                                                 The enactment of the CHIPS for                                                                               question is on agreeing to the motion.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       bill having been read the third time,
                                               America Act has greatly accelerated                     the question is, Shall the bill pass?                    The motion was agreed to.
                                               the pace of investment in the U.S., but                   Ms. STABENOW. I ask for the yeas                       The PRESIDING OFFICER. The
                                               a Federal grant will not create control                 and nays.                                              clerk will report the nomination.
                                               over the outcome of project plans that                    The PRESIDENT pro tempore. Is                          The senior assistant legislative clerk
                                               are already being implemented. Nota-                    there a sufficient second?                             read the nomination of David Crane, of
                                               bly, Arizona has four new leading-edge                    There is a sufficient second.                        New Jersey, to be Under Secretary of
                                               semiconductor fabs under construction.                    The clerk will call the roll.                        Energy.



                                         VerDate Sep 11 2014   06:01 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00036   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.070   S01JNPT1
                                                       June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                           CORRECTION          S1893
                                                                        CLOTURE MOTION                                LEGISLATIVE SESSION                            of Louisiana, to be U.S. District Judge
                                                         Mr. SCHUMER. Mr. President, I send                      Mr. SCHUMER. Mr. President, I                       for the Eastern District of Louisiana.
                                                       a cloture motion to the desk.                           move to proceed to legislative session.                 Mr. President, I was absent on
                                                         The PRESIDING OFFICER. The clo-                         The PRESIDING OFFICER. The                          Wednesday, May 31, 2023, for rollcall
                                                       ture motion having been presented                       question is on agreeing to the motion.                vote No. 134. Had I been present, I
                                                       under rule XXII, the Chair directs the                    The motion was agreed to.                           would have voted nay on the motion to
                                                       clerk to read the motion.                                                                                     proceed to H.J. Res. 45, providing for
                                                                                                                                 f                                   congressional disapproval under chap-
                                                         The senior assistant legislative clerk
                                                       read as follows:                                                   EXECUTIVE SESSION                          ter 8 of title 5, United States Code, of
                                                                                                                                                                     the rule submitted by the Department
                                                                    CLOTURE MOTION
                                                                                                                                                                     of Education relating to ‘‘Waivers and
                                                         We, the undersigned Senators, in accord-
                                                                                                                      EXECUTIVE CALENDAR                             Modifications of Federal Student
                                                       ance with the provisions of rule XXII of the
                                                       Standing Rules of the Senate, do hereby                   Mr. SCHUMER. Mr. President, I                       Loans’’.
                                                       move to bring to a close debate on the nomi-            move to proceed to executive session to                 Mr. President, I was absent on Thurs-
                                                       nation of Executive Calendar No. 179, David             consider Calendar No. 81.                             day, June 1, 2023, for rollcall vote No.
                                                       Crane, of New Jersey, to be Under Secretary               The PRESIDING OFFICER. The                          135. Had I been present, I would have
                                                       of Energy.                                                                                                    voted nay on H.J. Res. 45, providing for
                                                                                                               question is on agreeing to the motion.
                                                           Charles E. Schumer, Joe Manchin III,                                                                      congressional disapproval under chap-
                                                            Thomas R. Carper, Mazie K. Hirono,                   The motion was agreed to.
                                                                                                                 The PRESIDING OFFICER. The                          ter 8 of title 5, United States Code, of
                                                            Kirsten E. Gillibrand, Margaret Wood
                                                                                                               clerk will report the nomination.                     the rule submitted by the Department
                                                            Hassan, Tammy Baldwin, Sheldon
                                                            Whitehouse, Peter Welch, Richard J.                  The senior assistant legislative clerk              of Education relating to ‘‘Waivers and
                                                            Durbin, Richard Blumenthal, Tina                   read the nomination of Dilawar Syed,                  Modifications of Federal Student
                                                            Smith, Alex Padilla, Debbie Stabenow,              of California, to be Deputy Adminis-                  Loans’’.
                                                            Tammy Duckworth, Chris Van Hollen,                 trator of the Small Business Adminis-                                 f
                                                            Ben Ray Luján.
                                                                                                               tration.                                                       VOTE EXPLANATION
                                                                        f                                                        CLOTURE MOTION
                                                                                                                                                                       Mr. BENNET. Mr. President, I was
                                                              LEGISLATIVE SESSION                                Mr. SCHUMER. Mr. President, I send                  necessarily absent for rollcall vote No.
                                                         Mr. SCHUMER. Mr. President, I                         a cloture motion to the desk.                         133, Confirmation of Darrel Papillion of
                                                       move to proceed to legislative session.                   The PRESIDING OFFICER. The clo-                     LA to be U.S. District Judge. Had I
                                                         The PRESIDING OFFICER. The                            ture motion having been presented                     been present for the vote, I would have
                                                       question is on agreeing to the motion.                  under rule XXII, the Chair directs the                voted yea.
                                                         The motion was agreed to.                             clerk to read the motion.                               Mr. President, I was necessarily ab-
                                                                                                                 The senior assistant legislative clerk              sent for rollcall vote No. 134, Motion to
                                                                        f                                      read as follows:                                      proceed to H.J. Res. 45. Had I been
                                                                 EXECUTIVE SESSION                                            CLOTURE MOTION                         present for the vote, I would have
                                                                                                                 We, the undersigned Senators, in accord-            voted nay.
                                                                                                               ance with the provisions of rule XXII of the            Mr. President, I was necessarily ab-
                                                              EXECUTIVE CALENDAR                               Standing Rules of the Senate, do hereby               sent for rollcall vote No. 135. Had I
                                                                                                               move to bring to a close debate on the nomi-
                                                         Mr. SCHUMER. Mr. President, I                         nation of Executive Calendar No. 81, Dilawar
                                                                                                                                                                     been present for the vote, I would have
                                                       move to proceed to executive session to                 Syed, of California, to be Deputy Adminis-            voted nay. Joint Resolution, H.J. Res.
                                                       consider Calendar No. 26.                               trator of the Small Business Administration.          45, forces Federal student loan bor-
                                                         The PRESIDING OFFICER. The                                Charles E. Schumer, Benjamin L. Cardin,           rowers across Colorado to repay pay-
                                                       question is on agreeing to the motion.                        Sherrod Brown, Margaret Wood Has-               ments and interest and retroactively
                                                         The motion was agreed to.                                   san, Tammy Baldwin, Alex Padilla,               disqualify months of credit towards
                                                         The PRESIDING OFFICER. The                                  Debbie Stabenow, Tina Smith, Jeff               Public Service Loan Forgiveness and
                                                       clerk will report the nomination.                             Merkley, Gary C. Peters, Jeanne Sha-            Income-Driven Repayment Forgiveness
                                                                                                                     heen, Mazie K. Hirono, Tim Kaine,
                                                         The senior assistant legislative clerk                      Brian Schatz, Sheldon Whitehouse,
                                                                                                                                                                     Programs.
                                                       read the nomination of Dale E. Ho, of                         Richard Blumenthal, Jack Reed.                                  f
                                                       New York, to be United States District
                                                                                                                 Mr. SCHUMER. Mr. President, I ask                         ADDITIONAL STATEMENTS
                                                       Judge for the Southern District of New
                                                                                                               unanimous consent that the manda-
                                                       York.
                                                                                                               tory quorum calls for the cloture mo-
                                                                        CLOTURE MOTION                                                                                RECOGNIZING CLASSROOM CLINIC
                                                                                                               tions filed today, June 1, be waived.
                                                         Mr. SCHUMER. Mr. President, I send                      The PRESIDING OFFICER. Without                      ∑ Ms. ERNST. Mr. President, as rank-
                                                       a cloture motion to the desk.                           objection, it is so ordered.                          ing member of the Senate Committee
                                                         The PRESIDING OFFICER. The clo-
                                                                                                                                 f                                   on Small Business and Entrepreneur-
                                                       ture motion having been presented
                                                                                                                                                                     ship, each week I recognize an out-
                                                       under rule XXII, the Chair directs the                            LEGISLATIVE SESSION                         standing Iowa small business that ex-
                                                       clerk to read the motion.
                                                                                                                                                                     emplifies the American entrepreneurial
                                                         The senior assistant legislative clerk
                                                                                                                                                                     spirit. This week, it is my privilege to
                                                       read as follows:                                                 MORNING BUSINESS
                                                                                                                                                                     recognize Classroom Clinic of Carroll,
                                                                     CLOTURE MOTION                              Mr. SCHUMER. Mr. President, I ask                   IA, as the Senate Small Business of the
                                                         We, the undersigned Senators, in accord-              unanimous consent that the Senate                     Week.
                                                       ance with the provisions of rule XXII of the            proceed to legislative session and be in                Psychiatric nurse practitioner Sue
                                                       Standing Rules of the Senate, do hereby                 a period of morning business, with Sen-               Gehling founded Classroom Clinic in
                                                       move to bring to a close debate on the nomi-
                                                                                                               ators permitted to speak therein for up               2019 to help with the mental health
                                                       nation of Executive Calendar No. 26, Dale E.
                                                       Ho, of New York, to be United States Dis-               to 10 minutes each.                                   needs of children attending schools in
                                                                                                                 The PRESIDING OFFICER. Without




sradovich on DSKJLST7X2PROD with CR-ONLINE-COR
                                                       trict Judge for the Southern District of New                                                                  rural Iowa. Sue spent most of her life
                                                       York.                                                   objection, it is so ordered.                          in rural Iowa and saw firsthand the op-
                                                           Charles E. Schumer, Richard J. Durbin,                                f                                   portunities to serve her community by
                                                             Richard Blumenthal, Christopher A.                                                                      addressing mental health needs while
                                                             Coons, Benjamin L. Cardin, Tina                            VOTE EXPLANATION                             working at a clinic in Carroll. Class-
                                                             Smith, Christopher Murphy, Mazie K.
                                                                                                                 Mr. WARNER. Mr. President, I was                    room Clinic provides rural school dis-
                                                             Hirono, Tammy Baldwin, Margaret
                                                             Wood Hassan, John W. Hickenlooper,                absent on Tuesday, May 30, 2023, for                  tricts with the ability to serve stu-
                                                             Sheldon Whitehouse, Catherine Cortez              rollcall vote No. 133. Had I been                     dents using a telehealth model. Since
                                                             Masto, Brian Schatz, Gary C. Peters,              present, I would have voted yea on con-               2019, Classroom Clinic has worked with
                                                             Alex Padilla, Michael F. Bennet.                  firmation for Darrel James Papillion,                 four districts, including seven schools,



                                                 VerDate Sep 11 2014   19:27 Oct 13, 2023   Jkt 049060   PO 00000   Frm 00037   Fmt 0624   Sfmt 0634   E:\RECORD23\JUNE\S01JN3.REC   S01JN3
                                               S1894                                             CONGRESSIONAL RECORD — SENATE                                                        June 1, 2023
                                               and has provided mental health care                     chocolate macadamia nut shortbread                     its president, Dr. Michael Alvaltroni.
                                               services to over 250 Iowa students.                     cookies and serving them on the side of                However, in addition to her duties as a
                                                 In October 2022, founder Sue Gehling                  plate lunches at the Big Save grocery                  trustee, Ms. Nader is a testament to
                                               received the Iowa School Mental                         store that her father owned. The cook-                 the different ways that one can answer
                                               Health Hero Award. The award honors                     ies gained popularity, and soon, cus-                  the call to serve. Ms. Nader began her
                                               a practitioner, researcher, educator, or                tomers were coming in just for the                     legendary career as a trail-blazing hos-
                                               community partner for their defining                    cookies. Mabel purchased a used stove                  pital administrator who, in addition to
                                               contribution to school mental health                    and oven from another Hanapepe busi-                   her business acumen, successfully
                                               in Iowa. Additionally, Classroom Clinic                 ness for $100 and hired a few employees.               translated her experience into a second
                                               was chosen as the winner of the Small                   Kauai Kookie was born.                                 calling as a writer helping support oth-
                                               Business Development Center Iowa’s                        More than 50 years later, Kauai                      ers. In both of these roles, she has
                                               statewide August Small Business of the                  Kookie remains a Kauai community                       helped individuals overcome obstacles,
                                               Month award due to their contribu-                      staple. During the pandemic, the com-                  unlock their potential, and achieve
                                               tions to the community. Today, Class-                   pany delivered food to families in need                long-lasting wellness and success.
                                               room Clinic is striving to reach more                   with their ‘‘Souper Sundays’’ program                    Ms. Nader is a visionary leader who
                                               students across Iowa to have a more                     and provided ‘‘Kookies for Heroes’’ to                 has never let anything slow her down.
                                               positive impact within these students                   first responders on the front line.                    After all, it was her drive that led her
                                               and families’ lives.                                      Kauai Kookie now bakes over 50,000                   to found the Blue Dolphin Healthcare
                                                 Classroom Clinic’s commitment to                      cookies and other baked goods each                     Group, a pioneering chain of nursing
                                               providing mental health services in                     day and also offers salad dressings and                homes that give seniors the care, sup-
                                               Iowa is clear. I want to congratulate                   marinades. It has two locations on                     port, and fulfillment they need to
                                               Sue Gehling, and the entire team at                     Kauai,     the    original  factory   in               enjoy retirement. Her best-selling
                                               Classroom Clinic for their continued                    Hanapepe and the bakery and cafe in                    books have also provided guidance for
                                               dedication to providing students from                   Kalaheo. Kauai Kookie products can be                  others to leverage their passions to fos-
                                               rural Iowa with the additional mental                   found throughout Hawaii, in specialty                  ter personal growth and create social
                                               health services and resources they                      stores in the continental United                       impact.
                                               need. I look forward to seeing their                    States, and overseas. The products are                   From founding and leading her own
                                               continued growth and success in Iowa.∑                  made with some of the finest ‘‘Made-In-                company to currently serving as presi-
                                                                f                                      Hawaii’’ products like macadamia                       dent of her family nonprofit, Ms. Nader
                                                                                                       nuts, Kona coffee, and Kauai Makaweli                  is an inspiration for New Jerseyans ev-
                                                 TRIBUTE TO MABEL HASHISAKA
                                                                                                       poi. Kauai Kookies originally came in                  erywhere. In addition to serving on the
                                               ∑ Ms. HIRONO. Mr. President, later                      eight island flavors—Kona Coffee Mac-                  Fairleigh Dickinson University’s board
                                               this month, on June 14, we will wel-                    adamia, Chocolate Chip Macadamia,                      of trustees and on the advisory board
                                               come Hawaii businesses to our Nation’s                  Peanut Butter, Guava Macadamia, Co-                    of the Silberman College of Business,
                                               Capital for the seventh annual Hawaii                   conut Krispies, Cornflake Crunch, Mac-                 Ms. Nader is a staunch advocate for the
                                               on the Hill. These businesses will have                 adamia Nut Shortbread, and Almond—                     next generation of leaders. Her mantra
                                               an opportunity to hear from govern-                     but have since expanded to many more                   of LEAP—lean, execute, align, and pro-
                                               ment leaders, Federal officials, policy                 varieties and flavors.                                 gram—has been used countless times
                                               experts, and others about the impor-                      Mabel claims that she is not a baker                 by leading figures to transcend the
                                               tant issues facing small businesses and                 and that her philosophy has always                     past and create a new future.
                                               entrepreneurs in the United States.                     been to hire someone smarter than her                    I join her family, friends, loved ones
                                               The businesses will also have an oppor-                 to help with the business. But despite                 and her devoted husband Dr. Francois
                                               tunity to showcase their products and                   her humble approach, it is clear she                   Nader, in thanking Micheline for her
                                               share what we have to offer from the                    has built something truly impressive                   many years of service to New Jersey
                                               Aloha State.                                            that has an important place in the                     and the communities who call it home.
                                                 Since the inaugural event in July                     community. Today, she still lives on                   It is my distinct honor to submit this
                                               2014, Hawaii on the Hill has been very                  Kauai with her husband Norman and                      recognition into the CONGRESSIONAL
                                               successful. But such success would not                  her two daughters Ann and Ruth, who                    RECORD so that it may stand the test of
                                               be possible without the dedication,                     lead the company. So even to this day,                 time alongside her numerous contribu-
                                               commitment, and hard work of busi-                      her legacy continues.                                  tions and accomplishments.∑
                                               ness owners from our State, who make                      Mahalo, Mabel, for your contribu-                                      f
                                               this event possible every year. We are                  tions to our State as a recognized busi-
                                               excited to welcome them back to                         ness leader. You continue to inspire all                   RECOGNIZING FANCY PANTS
                                               Washington, DC, for the first time                      of us to ‘‘just do it.’’∑                                            BOUTIQUE
                                               since the pandemic. Recognizing this                                      f                                    ∑ Mr. RISCH. Mr. President, Idaho
                                               dedication, I would like to acknowl-                                                                           small businesses are the backbone of
                                               edge one particular business owner who                    TRIBUTE TO MICHELINE NADER                           our great State’s economy. These small
                                               has been with us since the very begin-                  ∑ Mr. MENENDEZ. Mr. President,                         businesses deserve to be celebrated for
                                               ning: Mabel Hashisaka, of Kauai                         every year, Fairleigh Dickinson Uni-                   their great work in preserving the val-
                                               Kookie.                                                 versity in my home State of New Jer-                   ues unique to our communities. I am
                                                 Mabel’s story is pretty remarkable.                   sey honors its heritage and history by                 proud to relaunch Support Local Gems,
                                               Her father immigrated from Japan to                     bringing together alumni, friends, and                 a statewide initiative, on June 9, to en-
                                               Hawaii in 1905. She was born in Lihue,                  partners to celebrate Charter Day. It is               courage Idahoans to support the small
                                               Kauai, and graduated from Waimea                        a wonderful tradition on campus, often                 businesses that make the Gem State
                                               High School in 1946. At a time when                     requiring months of planning in ad-                    special. As a member and former chair-
                                               many girls did not go to college, Mabel                 vance by a legion of dedicated staff, all              man of the Senate Committee on Small
                                               attended the University of Hawaii,                      to recognize the people and the places                 Business and Entrepreneurship, I am
                                               earning a bachelor’s degree in psy-                     that make FDU a shining beacon for                     pleased to honor Fancy Pants in Boise
                                               chology, and then attended Indiana                      the Garden State.                                      as one of Idaho’s Small Businesses of
                                               University, where she graduated with a                    Today, on this year’s Charter Day, it                the Month for June 2023.
                                               master’s degree in education. She was                   brings me great pleasure to join the                     Fancy Pants was established in 2006




SSpencer on DSK126QN23PROD with SENATE
                                               then a school teacher on Hawaii Island                  Fairleigh Dickinson community as                       in the heart of downtown Boise. Own-
                                               for many years.                                         they recognize the esteemed author,                    ers Courtney Holden and Jaime Petrilli
                                                 In 1965, she decided Kauai needed                     entrepreneur, and philanthropist: Ms.                  created a space unlike any other bou-
                                               more ‘‘omiyage’’—or gifts that visitors                 Micheline Nader. As a member of the                    tique. Their vision was a shop fea-
                                               could bring back to share with their                    FDU board of trustees, Ms. Nader is                    turing the best pieces your favorite
                                               family and friends—so she started                       tasked with providing sage counsel to                  brands have to offer, accompanied with
                                               Kauai Kookie. She began by making                       the university’s leadership, including                 styling advice and shopping assistance.



                                         VerDate Sep 11 2014   07:50 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00038   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.026   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                S1895
                                               From the original 1,200-square-foot                       McKee’s continuously supports local                  These small businesses not only em-
                                               store to a now double in size and space                 schools and Boy Scouts, Relay for Life,                ploy friends and neighbors, but they
                                               on the corner of 9th and Idaho, Fancy                   educational programs and field trips,                  showcase Idaho’s creativity and values.
                                               Pants has built an expansive and loyal                  and live nativities every winter.                      Idaho small businesses provide invalu-
                                               customer base for 17 years. Courtney                    McKee’s partners with the Humane So-                   able goods and services and are an im-
                                               and Jaime carefully curate inventory                    ciety and various rest homes and vet-                  portant part of the Gem State. These
                                               tailored to fit the diversity of their cli-             erans’ facilities to provide ‘‘pet ther-               small businesses deserve to be cele-
                                               ents’ needs and lifestyles, including                   apy’’ to residents.                                    brated for the integral role they play
                                               pieces by A.L.C., Alice + Olivia,                         Congratulations to the McKees and                    in our communities. I am proud to re-
                                               Veronica Beard, Vince, and Rag and                      all of the employees at McKee’s Feed,                  launch Support Local Gems, a state-
                                               Bone.                                                   Garden & Pet Centers for being se-                     wide initiative, on June 9, to encourage
                                                 Fancy Pants is a key member of the                    lected as an Idaho Small Business of                   Idahoans to support the small busi-
                                               small business community of down-                       the Month for June 2023. You are an                    nesses that make the Gem State spe-
                                               town Boise and a proud supporter of                     outstanding example of what it means                   cial. As a member and former chairman
                                               local causes including the Women’s and                  to be one of Idaho’s Local Gems. You                   of the Senate Committee on Small
                                               Children’s Alliance of Boise, Dress for                 make the Gem State proud, and I look                   Business and Entrepreneurship, I am
                                               Success, and the Boise Festival of                      forward to your continued growth and                   pleased to honor The Only Store lo-
                                               Trees. At the heart of their mission,                   success.∑                                              cated in Nezperce as one of Idaho’s
                                               Courtney and Jaime strive to make ev-
                                                                                                                         f                                    Small Businesses of the Month for
                                               eryone feel confident and comfortable.
                                                                                                                                                              June 2023.
                                               When you are at their store, you will                       RECOGNIZING PERRINE MAN
                                                                                                                                                                Sandi Herker Berry began her gro-
                                               discover hand-selected pieces along                                      PRESS
                                                                                                                                                              cery store career in 1985, when The
                                               with knowledgeable, friendly employ-                    ∑ Mr. RISCH. Mr. President, Idaho                      Only Store was known as the Nezperce
                                               ees to help you find that perfect pair of               small businesses are the backbone of                   Cash & Carry. A decade later, in 1996,
                                               jeans. From casual to fancy or trendy                   our economy and our communities.                       Sandi bought the store from owner Jim
                                               to classic, there is something for every                These small businesses not only em-                    Schmidt and recently renamed it The
                                               occasion.                                               ploy friends and neighbors, but they
                                                 Congratulations to Courtney Holden,                                                                          Only Store. Sandi loves the grocery
                                                                                                       showcase Idaho’s creativity and values.                business, including the long hours, re-
                                               Jaime Petrilli, and all of the employ-                  Idaho small businesses provide invalu-
                                               ees at Fancy Pants for being selected                                                                          stocking shelves, the cleaning, the
                                                                                                       able goods and services and are an im-                 problem-solving, the creativity, and,
                                               as an Idaho Small Business of the
                                                                                                       portant part of the Gem State. These                   most notably, freight day.
                                               Month for June 2023. You are an out-
                                                                                                       small businesses deserve to be cele-                     Sandi credits her six employees and
                                               standing example of what it means to
                                                                                                       brated for the integral role they play                 the Nezperce community for her suc-
                                               be one of Idaho’s Local Gems. You
                                                                                                       in our communities. I am proud to re-                  cess. To that end, she is committed to
                                               make our great State proud, and I look
                                                                                                       launch Support Local Gems, a state-                    supporting her small town through the
                                               forward to your continued growth and
                                                                                                       wide initiative, on June 9, to encourage               Nezperce School District, the Lewis
                                               success.∑
                                                                                                       Idahoans to support the small busi-                    County Fair, donating a portion of her
                                                                f                                      nesses that make the Gem State spe-                    earnings to emergency medical serv-
                                                  RECOGNIZING MCKEE’S FEED,                            cial. As a member and former chairman                  ices, purchasing school clothes for un-
                                                     GARDEN & PET CENTERS                              of the Senate Committee on Small                       derprivileged children, and delivering
                                               ∑ Mr. RISCH. Mr. President, Idaho                       Business and Entrepreneurship, I am                    groceries to elderly members of the
                                               small businesses are the backbone of                    pleased to honor Perrine Man Press as                  community.
                                               our economy and our communities.                        one of Idaho’s Small Businesses of the                   Congratulations to Sandi Herker
                                               These small businesses not only em-                     Month for June 2023.                                   Berry and all of the employees at The
                                               ploy friends and neighbors, but they                      Cory and Kenji Paulson started                       Only Store for being selected as an
                                               showcase Idaho’s creativity and values.                 Perrine Man Press out of their home in                 Idaho Small Business of the Month for
                                               Our small businesses provide invalu-                    2017 and opened a physical storefront                  June 2023. You are an outstanding ex-
                                               able goods and services and are an in-                  on Twin Falls’ Maine Avenue in the                     ample of what it means to be one of
                                               trinsic part of the Gem State. These                    fall of 2020. The Paulsons grew up in                  Idaho’s Local Gems. You make our
                                               small businesses deserve to be cele-                    southern Idaho and have always been                    great State proud, and I look forward
                                               brated for the integral role they play                  inspired by Idaho’s beautiful landscape                to your continued growth and success.∑
                                               in our communities. I am proud to re-                   and way of life, which Kenji hand
                                                                                                                                                                                f
                                               launch Support Local Gems, a state-                     draws on their product designs. Their
                                               wide initiative, on June 9, to encourage                signature design, the ‘‘Perrine Man’’                   MESSAGE FROM THE PRESIDENT
                                               Idahoans to support the small busi-                     highlights their hometown’s iconic                       A message from the President of the
                                               nesses that make the Gem State spe-                     landmark: the Perrine Bridge.                          United States was communicated to
                                               cial. As a member and former chairman                     Perrine Man Press’ mission is more
                                                                                                                                                              the Senate by Ms. Kelly, one of his sec-
                                               of the Senate Committee on Small                        than simply selling good tees, but
                                                                                                                                                              retaries.
                                               Business and Entrepreneurship, I am                     about ensuring every customer knows
                                               pleased to honor McKee’s Feed, Garden                   they are ‘‘made for more.’’ Perrine Man                                  f
                                               & Pet Centers as one of Idaho’s Small                   Press is committed to reminding ev-                     EXECUTIVE MESSAGE REFERRED
                                               Businesses of the Month for June 2023.                  eryone they are incredibly valuable
                                                 Bill McKee opened McKee’s Feed,                       and giving back to great causes.                         As in executive session the Presiding
                                               Garden & Pet Center in 1976. At both                      Congratulations to Cory and Kenji                    Officer laid before the Senate a mes-
                                               the Pocatello and Chubbuck locations,                   Paulson and all of the employees at                    sage from the President of the United
                                               McKee’s staff is dedicated to assisting                 Perrine Man Press for being selected as                States submitting a nomination which
                                               customers with their pet, livestock,                    an Idaho Small Business of the Month                   was referred to the Committee on For-
                                               and gardening needs. Well known                         for June 2023. You are an outstanding                  eign Relations.
                                               throughout Bannock County, McKee’s                      example of what it means to be one of                    (The message received today is print-
                                               Petting Zoo has served the local com-                   Idaho’s Local Gems. You make our                       ed at the end of the Senate pro-
                                                                                                                                                              ceedings.)




SSpencer on DSK126QN23PROD with SENATE
                                               munity free of charge for years. Bill                   great State proud, and I look forward
                                               McKee started the petting zoo to offer                  to your continued growth and success.∑                                   f
                                               children and families the opportunity                                     f
                                               to interact with and learn about ani-                                                                             MESSAGE FROM THE HOUSE
                                               mals without spending a lot of money.                     RECOGNIZING THE ONLY STORE                             At 11:25 a.m., a message from the
                                               In addition to year-round learning op-                  ∑ Mr. RISCH. Mr. President, Idaho                      House of Representatives, delivered by
                                               portunities, McKee’s Petting Zoo pro-                   small businesses are the backbone of                   Mrs. Cole, one of its reading clerks, an-
                                               vides homes for displaced animals.                      our economy and our communities.                       nounced that the House has passed the



                                         VerDate Sep 11 2014   06:01 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00039   Fmt 0624   Sfmt 0634   E:\CR\FM\G01JN6.066   S01JNPT1
                                               S1896                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               following bill, in which it requests the                of Controlled Substances: Placement of                 budget, or to impose fiscal restraints on the
                                               concurrence of the Senate:                              Brorphine in Schedule I’’ ((21 CFR Part 1308)          federal government, to limit the power and
                                                                                                       (Docket No. DEA–716)) received during ad-              jurisdiction of the federal government and to
                                                 H.R. 2797. An act to amend the Securities
                                                                                                       journment of the Senate in the Office of the           limit the terms of office for federal officials
                                               Act of 1933 to require certification examina-
                                                                                                       President of the Senate on May 22, 2023; to            and members of Congress and for proposing
                                               tions for accredited investors, and for other
                                                                                                       the Committee on the Judiciary.                        an initial date and location for the meeting
                                               purposes.
                                                                                                         EC–1300. A communication from the Sec-               of the several states in an Article V Conven-
                                                                f                                      tion Chief of the Diversion Control Division,          tion; to the Committee on the Judiciary.
                                                                                                       Drug Enforcement Administration, Depart-                       HOUSE JOINT RESOLUTION NO. 1017
                                                      MEASURES REFERRED                                ment of Justice, transmitting, pursuant to
                                                                                                                                                                 Whereas, Article V of the Constitution of
                                                 The following bill was read the first                 law, the report of a rule entitled ‘‘Specific
                                                                                                                                                              the United States provides that upon receipt
                                               and the second times by unanimous                       Listing for Eutylone, a Currently Controlled
                                                                                                                                                              of applications from two-thirds of the legis-
                                                                                                       Schedule I Substance’’ ((21 CFR Part 1308)
                                               consent, and referred as indicated:                                                                            latures of the several states, Congress shall
                                                                                                       (Docket No. DEA–1003)) received during ad-
                                                 H.R. 2797. An act to amend the Securities                                                                    call a convention of the states for proposing
                                                                                                       journment of the Senate in the Office of the
                                               Act of 1933 to require certification examina-                                                                  amendments; and
                                                                                                       President of the Senate on May 22, 2023; to               Whereas, the Oklahoma Legislature adopt-
                                               tions for accredited investors, and for other           the Committee on the Judiciary.
                                               purposes; to the Committee on Banking,                                                                         ed Senate Joint Resolution 4 in the 2nd Ses-
                                                                                                         EC–1301. A communication from the Sec-               sion of the 55th Oklahoma Legislature, and
                                               Housing, and Urban Affairs.                             tion Chief of the Diversion Control Division,          Senate Joint Resolution 23 in the 1st Session
                                                                f                                      Drug Enforcement Administration, Depart-               of the 57th Oklahoma Legislature, that ap-
                                                                                                       ment of Justice, transmitting, pursuant to             plied to the Congress of the United States
                                                     EXECUTIVE AND OTHER                               law, the report of a rule entitled ‘‘Schedules         ‘‘for the calling of a convention of the states
                                                         COMMUNICATIONS                                of Controlled Substances: Placement of                 limited to proposing an amendment to the
                                                                                                       Methiopropamine in Schedule I’’ ((21 CFR               Constitution of the United States requiring
                                                 The following communications were                     Part 1308) (Docket No. DEA–737)) received
                                               laid before the Senate, together with                                                                          that in the absence of a national emergency
                                                                                                       during adjournment of the Senate in the Of-            the total of all federal appropriations made
                                               accompanying papers, reports, and doc-                  fice of the President of the Senate on May 22,         by the Congress for any fiscal year may not
                                               uments, and were referred as indicated:                 2023; to the Committee on the Judiciary.               exceed the total of all estimated federal rev-
                                                 EC–1292. A communication from the Assist-               EC–1302. A communication from the Legal              enues for that fiscal year, together with any
                                               ant Secretary of Defense (Legislative Af-               Advisor, Office of the Intellectual Property           related and appropriate fiscal restraints’’;
                                               fairs), transmitting additional legislative             Enforcement Coordinator, Executive Office              and
                                               proposals that the Department of Defense re-            of the President, transmitting, pursuant to               Whereas, it appears that two-thirds of the
                                               quests be enacted during the first session of           law, a report relative to a vacancy in the po-         states, including Oklahoma, soon will have
                                               the 118th Congress; to the Committee on the             sition of Intellectual Property Enforcement            applied for a convention to propose such an
                                               Judiciary.                                              Coordinator, Executive Office of the Presi-            amendment adding to the United States Con-
                                                 EC–1293. A communication from the Assist-             dent, received during adjournment of the               stitution a requirement that the federal gov-
                                               ant Secretary for Legislative Affairs, De-              Senate in the Office of the President of the           ernment balance its budget; and
                                               partment of Homeland Security, transmit-                Senate on May 22, 2023; to the Committee on               Whereas, it has also been proposed by sev-
                                               ting a legislative proposal, which would clar-          the Judiciary.                                         eral states, including Oklahoma, that a con-
                                               ify the U.S. Secret Service’s authority to in-            EC–1303. A communication from the Dep-               vention be called for proposing amendments
                                               vestigate various crimes related to digital             uty Assistant Attorney General, Office of              to ‘‘impose fiscal restraints on the federal
                                               asset transactions and would significantly              Legislative Affairs, Department of Justice,            government, limit the power and jurisdiction
                                               strengthen the ability of the agency to                 transmitting, pursuant to law, a report rel-           of the federal government, and limit the
                                               counter transnational cyber criminal activ-             ative to the Victims Compensation Fund es-             terms of office for its officials and for mem-
                                               ity; to the Committee on the Judiciary.                 tablished by the Witness Security Reform               bers of Congress’’; and
                                                 EC–1294. A communication from the Assist-             Act of 1984; to the Committee on the Judici-              Whereas, in its call Congress will be re-
                                               ant Secretary for Legislative Affairs, De-              ary.                                                   quired to specify an initial time and place
                                               partment of Homeland Security, transmit-                  EC–1304. A communication from the Chair              for the meeting of the Article V Convention
                                               ting a legislative proposal entitled ‘‘Improv-          of the U.S. Sentencing Commission, trans-              for proposing amendments; and
                                               ing the Naturalization Process for Older Ap-            mitting, pursuant to law, the amendments to               Whereas, it is appropriate for the state leg-
                                               plicants’’; to the Committee on the Judici-             the federal sentencing guidelines that were            islatures to prepare for the Article V Con-
                                               ary.                                                    proposed by the Commission during the 2022–            vention and recommend to Congress an ini-
                                                 EC–1295. A communication from the Assist-             2023 amendment cycle; to the Committee on              tial time and place to hold the convention;
                                               ant Secretary for Legislative Affairs, De-              the Judiciary.                                         and
                                               partment of Homeland Security, transmit-                  EC–1305. A communication from the Direc-                Whereas, a gathering of the states called
                                               ting a legislative proposal entitled ‘‘Recap-           tor of Border and Immigration Policy, Office           by a state legislature and consisting of mem-
                                               turing Unallocated U Nonimmigrant Visa                  of the General Counsel, Department of                  bers authorized by other state legislatures
                                               Numbers’’; to the Committee on the Judici-              Homeland Security, transmitting, pursuant              would be an effective way of considering and
                                               ary.                                                    to law, the report of a rule entitled ‘‘Cir-           recommending solutions to common issues
                                                 EC–1296. A communication from the Assist-             cumvention of Lawful Pathways’’ ((RIN1615–             related to an Article V Convention, includ-
                                               ant Secretary for Legislative Affairs, De-              AC83) (RIN1125–AB26)) received during ad-              ing planning for and recommending rules and
                                               partment of Homeland Security, transmit-                journment of the Senate in the Office of the           procedures for an Article V Convention, and
                                               ting a legislative proposal entitled ‘‘Renun-           President of the Senate on May 22, 2023; to            recommending to Congress the initial date
                                               ciation of Citizenship’’; to the Committee on           the Committee on the Judiciary.                        and location of an Article V Convention; and
                                               the Judiciary.                                            EC–1306. A communication from the Sec-                  Whereas, a planning convention of the sev-
                                                 EC–1297. A communication from the Assist-             retary, Judicial Conference of the United              eral states convened on September 12, 2017,
                                               ant Secretary for Legislative Affairs, De-              States, transmitting, a report relative to             in Phoenix, Arizona, and was attended by a
                                               partment of Homeland Security, transmit-                bankruptcy judgeship recommendations; to               delegation from Oklahoma as authorized by
                                               ting a legislative proposal entitled ‘‘Eligi-           the Committee on the Judiciary.                        House Concurrent Resolution No. 1007 of the
                                               bility of Asylees to Adjust’’; to the Com-                                f                                    1st Session of the 56th Oklahoma Legislature
                                               mittee on the Judiciary.                                                                                       (2017). Now, therefore,
                                                 EC–1298. A communication from the Sec-                    PETITIONS AND MEMORIALS                               Be it resolved by the House of Representatives
                                               tion Chief of the Diversion Control Division,             The following petitions and memo-                    and the Senate of the 1st Session of the 59th
                                               Drug Enforcement Administration, Depart-                                                                       Oklahoma Legislature:
                                                                                                       rials were laid before the Senate and
                                               ment of Justice, transmitting, pursuant to                                                                        That a delegation of commissioners se-
                                               law, the report of a rule entitled ‘‘Designa-           were referred or ordered to lie on the                 lected as provided in this resolution shall be
                                               tion of 4-Piperidone as a List I Chemical’’             table as indicated:                                    authorized to attend and participate in a
                                               ((21 CFR Part 1310) (Docket No. DEA–951)) re-             POM–22. A joint resolution adopted by the            gathering of states proposed by any state
                                               ceived during adjournment of the Senate in              Legislature of the State of Oklahoma stating           legislature for the purposes of developing




SSpencer on DSK126QN23PROD with SENATE
                                               the Office of the President of the Senate on            that a delegation of commissioners selected            rules and procedures for an Article V Con-
                                               May 22, 2023; to the Committee on the Judi-             as provided in this resolution shall be au-            vention for proposing amendments to the
                                               ciary.                                                  thorized to attend and participate in a gath-          United States Constitution to require a bal-
                                                 EC–1299. A communication from the Sec-                ering of states proposed by any state legisla-         anced federal budget, or to impose fiscal re-
                                               tion Chief of the Diversion Control Division,           ture for the purposes of developing rules and          straints on the federal government, to limit
                                               Drug Enforcement Administration, Depart-                procedures for an Article V Convention for             the power and jurisdiction of the federal gov-
                                               ment of Justice, transmitting, pursuant to              proposing amendments to the United States              ernment and to limit the terms of office for
                                               law, the report of a rule entitled ‘‘Schedules          Constitution to require a balanced federal             federal officials and members of Congress




                                         VerDate Sep 11 2014   07:50 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00040   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.028   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1897
                                               and for proposing an initial date and loca-               I will vote only for convention rules that             POM–23. A concurrent memorial adopted
                                               tion for the meeting of the several states in           provide that each state have one equal vote            by the Legislature of the State of Arizona
                                               an Article V Convention.                                and that a state or commissioner shall not             urging the United States Congress to enact
                                                 That the delegation of commissioners shall            be allowed to propose an amendment that is             H.R. 9174, the State Immigration Enforce-
                                               be composed of seven members, three of                  unrelated to the approved call of the conven-          ment Act, or similar legislation; to the Com-
                                               whom shall be appointed by the Speaker of               tion. I acknowledge that any violation of              mittee on the Judiciary.
                                               the Oklahoma House of Representatives,                  this oath may result in being recalled by the              HOUSE CONCURRENT MEMORIAL NO. 2007
                                               three of whom shall be appointed by the                 Legislature of the State of Oklahoma or its
                                                                                                                                                                Whereas, the Biden Administration has
                                               President Pro Tempore of the Oklahoma                   authorized committee.’’
                                                                                                         That an Article V Convention Committee               consistently refused to enforce our nation’s
                                               State Senate, and one of whom shall be ap-
                                                                                                       shall be composed of three members, one ap-            federal immigration laws; and
                                               pointed by agreement of both the Speaker of                                                                      Whereas, this gross dereliction of duty has
                                               the Oklahoma House of Representatives and               pointed by the Speaker of the Oklahoma
                                                                                                       House of Representatives, one appointed by             resulted in large numbers of illegal immi-
                                               the President Pro Tempore of the Oklahoma                                                                      grants pouring over the United States south-
                                               State Senate.                                           the President Pro Tempore of the Oklahoma
                                                                                                       State Senate and one appointed jointly by              ern border in what has become a historic in-
                                                 That two of the commissioners appointed
                                                                                                       the Speaker and President Pro Tempore. A               vasion; and
                                               by the Speaker of the Oklahoma House of
                                                                                                       member of the Article V Convention Com-                  Whereas, Congressman Andy Biggs of Ari-
                                               Representatives shall be current members of
                                                                                                       mittee may not be a member of the delega-              zona introduced legislation in Congress that
                                               the Oklahoma House of Representatives at
                                                                                                       tion. The duties of the Article V Convention           would empower states and localities to pass
                                               the time of appointment, and two of the
                                                                                                       Committee and their appointing authority or            and enforce their own immigration enforce-
                                               commissioners appointed by the President
                                                                                                       authorities include:                                   ment laws similar to federal immigration
                                               Pro Tempore of the Oklahoma State Senate
                                                                                                         1. Monitoring the delegation to determine            laws; and
                                               shall be current members of the Oklahoma                                                                         Whereas, H.R. 9174, known as the State Im-
                                               State Senate at the time of appointment.                if it is following legislative instructions and
                                                                                                       obeying convention rules;                              migration Enforcement Act, would allow
                                               The third commissioner appointed by the                                                                        states to bypass the current Administra-
                                               Speaker of the Oklahoma House of Rep-                     2. Advising the delegation on the Legisla-
                                                                                                       ture’s position on issues before the conven-           tion’s open border policies and restore the
                                               resentatives shall be a current or former                                                                      rule of law.
                                               member of the Oklahoma House of Rep-                    tion;
                                                                                                         3. Disciplining any commissioner who vio-              Wherefore your memorialist, the House of
                                               resentatives and the third commissioner ap-                                                                    Representatives of the State of Arizona, the
                                                                                                       lates the oath of office or instructions or is
                                               pointed by the President Pro Tempore of the                                                                    Senate concurring, prays:
                                                                                                       otherwise guilty of malfeasance or nonfea-
                                               Oklahoma State Senate shall be a current or             sance. Discipline may include recall from the            1. That the United States Congress enact
                                               former member of the Oklahoma State Sen-                convention, removal as a commissioner or               H.R. 9174, the State Immigration Enforce-
                                               ate.                                                    demotion to the office of alternate commis-            ment Act, or similar legislation.
                                                 That the commissioners shall be bound by                                                                       2. That the Secretary of State of the State
                                                                                                       sioner;
                                               the rules adopted by the gathering of the                 4. Notifying the convention that a commis-           of Arizona transmit copies of this Memorial
                                               states or provided for in the proposal for the          sioner has been recalled, removed as a com-            to the President of the United States, the
                                               Article V Convention.                                   missioner or demoted to the office of alter-           President of the United States Senate, the
                                                 That unless otherwise provided by the                                                                        Speaker of the United States House of Rep-
                                                                                                       nate commissioner; and
                                               Oklahoma Legislature, the commissioners                   5. Replacing any recalled commissioner.              resentatives and each Member of Congress
                                               provided for in this resolution shall also                That commissioners shall vote only for Ar-           from the State of Arizona.
                                               serve as commissioners to the Article V Con-            ticle V Convention rules consistent with the
                                               vention for proposing amendments to the                 following principles:                                    POM–24. A joint resolution adopted by the
                                               United States Constitution when called and                1. The convention is convened under the              General Assembly of the State of Tennessee
                                               shall be bound by the rules adopted by the              authority reserved to the state legislatures           urging the United States Congress to enact
                                               members of the Article V Convention.                    of the several states by Article V of the Con-         legislation that will make state child abuse
                                                 That if a commissioner is unable to par-              stitution of the United States;                        registries public records; to the Committee
                                               ticipate in either the state gathering or an              2. The only participants at this convention          on the Judiciary.
                                               Article V Convention to propose amend-                  are the several states represented by their
                                               ments to the United States Constitution ei-                                                                            HOUSE JOINT RESOLUTION NO. 19
                                                                                                       respective delegations duly selected in the
                                               ther permanently or temporarily, the ap-                manner that their respective legislatures                Whereas, in Tennessee, the Department of
                                               pointing authority or authorities shall select          have determined;                                       Children’s Services maintains the official
                                               an alternate, who shall be a current or                   3. The scope of the convention’s authority           Child Abuse Registry, which includes the
                                               former member of the appointing authority’s             is defined by applications adopted by at least         names of people who have been substantiated
                                               legislative body, to serve for the time the             two-thirds of the legislatures of the several          as perpetrators of child abuse or neglect; and
                                               commissioner is unable to serve. The alter-             states, which authority is limited to the sub-           Whereas, the purpose of the Registry is to
                                               nate shall be bound by the same rules and               ject of the approved call of the convention.           protect children from persons who have been
                                               procedures as the original commissioner.                The convention has no authority to propose             identified as perpetrators of child abuse or
                                                 That no commissioner or alternate from                or discuss an amendment on any other sub-              neglect; a person’s name is not placed on the
                                               this state to an Article V Convention shall             ject outside the approved call of the conven-          Registry until all reviews or hearings have
                                               have the authority to vote to allow consider-           tion by Congress;                                      concluded or the person has waived their
                                               ation of or vote to approve an unauthorized               4. The convention shall provide for dis-             right to due process; and
                                               amendment for ratification to the United                ciplining a commissioner or delegation for               Whereas, the Department of Children’s
                                               States Constitution.                                    exceeding the scope of the convention’s au-            Services may release the name of a person
                                                 That any commissioner or alternate cast-              thority by raising subjects for discussion or          who is listed on the Registry only to other
                                               ing a vote to allow consideration or approval           debate that lie outside the convention’s au-           state agencies or organizations due to the
                                               of an unauthorized amendment shall be im-               thority;                                               nature of the employment or licensing of the
                                               mediately recalled by the appointing author-              5. The convention shall not infringe on the          person as statutorily required in certain cir-
                                               ity or authorities and be replaced by an al-            respective state legislatures’ authority to in-        cumstances; and
                                               ternate.                                                struct, discipline, recall and replace commis-           Whereas, due to prohibitive federal rules
                                                 That all voting in either a gathering of              sioners; and                                           and regulations, the general public does not
                                               states or an Article V Convention shall be by             6. All voting at the convention or in a com-         have access to the Child Abuse Registry;
                                               state with each state having one vote.                  mittee shall be by state with each state hav-          now, therefore,
                                                 That commissioners and alternates shall               ing one vote without apportionment or divi-              Be it Resolved by the House of Representa-
                                               take the following oath of office before ac-            sion. Each state legislature shall determine           tives of the One Hundred Thirteenth General
                                               cepting their appointment:                              the internal voting and quorum rules for               Assembly of the State of Tennessee, The Senate
                                                 ‘‘I do solemnly swear or affirm that to the           casting the vote of its delegation.                    Concurring, that we urge the United States
                                               best of my abilities I will, as a commissioner            That the Chief Clerk of the House of Rep-            Congress to enact legislation to make state
                                               (alternate commissioner) to a convention for            resentatives, immediately after the passage            child abuse registries public records; and be
                                               proposing any amendment to the United                   of this resolution, shall prepare and file one         it further
                                               States Constitution, uphold the Constitution            copy thereof with the Secretary of State and             Resolved, that a certified copy of this reso-
                                               and laws of the United States and the State             one copy with the Attorney General and                 lution be transmitted to the Speaker and the




SSpencer on DSK126QN23PROD with SENATE
                                               of Oklahoma.                                            transmit copies to the President and Sec-              Clerk of the United States House of Rep-
                                                 I will abide by my specific instructions              retary of the United States Senate and to              resentatives, the President and the Sec-
                                               from the Legislature of the State of Okla-              the Speaker and Clerk of the United States             retary of the United States Senate, and each
                                               homa. I will not vote to allow consideration            House of Representatives, to the members of            member of the Tennessee Congressional dele-
                                               of or to approve any amendment proposed for             the Oklahoma Congressional Delegation, and             gation.
                                               ratification to the United States Constitu-             to the presiding officers of each of the legis-
                                               tion that is unrelated to the subject of the            lative houses in the several states, request-           POM–25. A resolution adopted by the City
                                               approved call of the convention by Congress.            ing their cooperation.                                 Council of Durham, North Carolina, urging




                                         VerDate Sep 11 2014   06:01 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00041   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.041   S01JNPT1
                                               S1898                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               the Executive Office of the President to act            knowledge, the information contained in this           9/24/2020, Jaime Harrison for US Senate;
                                               immediately to designate Temporary Pro-                 report is complete and accurate.)                      $250.00, 9/25/2020, Teresa Greenfield for Iowa;
                                               tected Status (TPS) for Guatemala, and calls              Contributions, amount, date, donee:                  $5,000.00, 10/11/2020, Biden Victory Fund;
                                               on the Department of Homeland Security to                 Self: $50, 9/2020, Elissa Slotkin; $50, 6/2020,      $5,000.00, 10/11/2020, DNC Services Corp/Demo-
                                               grant a TPS designation for Guatemalans                 Sri Kulkarni; $250, 11/2018, Elissa Slotkin;           cratic National Committee; $250.00, 10/22/2020,
                                               currently residing in the United States, a              $500, 9/2017, Elissa Slotkin.                          Strickland for Washington; $100.00, 11/19/2020,
                                               program that provides support to people flee-             Houssam Eddine Beggas: None.                         Actblue—Patty Murray; $80.00, 12/31/2020,
                                               ing uncertainty, natural disasters, and vio-                                                                   People for Patty Murray; $5,000.00, 1/11/2021,
                                               lence; to the Committee on the Judiciary.                 Ervin Jose Massinga, of Washington, a Ca-            PIC 2021 Inc.; $500.00, 2/22/2021, People for
                                                 POM–26. A resolution adopted by the Board             reer Member of the Senior Foreign Service,             Derek Kilmer; $1,000.00, 3/8/2021, Dr Kim
                                               of Supervisors of the City and County of San            Class of Minister-Counselor, to be Ambas-              Schrier for Congress; $500.00, 3/18/2021, People
                                               Francisco, California, urging the Depart-               sador Extraordinary and Plenipotentiary of             for Derek Kilmer; $1,000.00, 4/30/2021, Rick
                                               ment of Homeland Security (DHS) and the                 the United States of America to the Federal            Larsen for Congress; $500.00, 6/8/2021, Murray
                                               President’s Administration to reject the re-            Democratic Republic of Ethiopia.                       Victory Fund; $1,000.00, 7/13/2021, People for
                                               cent attack on San Francisco’s long-stand-                Nominee: Ervin Jose Massinga.                        Patty Murray; $500.00, 8/16/2021, People for
                                               ing Sanctuary Ordinance and urging DHS to                 Post: Addis Ababa, Ethiopia.                         Patty Murray.
                                               extradite the accused individuals without                 (The following is a list of members of my              ** Please note my political giving centers
                                               further delay; to the Committee on the Judi-            immediate family. I have asked each of these           on individuals, not political parties. This
                                               ciary.                                                  persons to inform me of the pertinent con-             particular donation was mistakenly made on
                                                 POM–27. A resolution adopted by the Board             tributions made by them. To the best of my             my mobile phone using giving software. I did
                                               of Supervisors of the City and County of San            knowledge, the information contained in this           not intend to make this donation.
                                               Francisco, California, condemning the pas-              report is complete and accurate.)
                                               sage of ‘‘Red-Baiting’’ House Concurrent                  Contributions, amount, date, and donee:                Julie Turner, of Maryland, to be Special
                                               Resolution 9, and urging the United States                1. Self: None.                                       Envoy on North Korean Human Rights
                                               Congress not to engage in, vote for, or other-            2. Spouse: Lauryne Massinga, None.                   Issues, with the rank of Ambassador.
                                               wise support fearmongering and red-baiting                                                                       Nominee: Julie Turner.
                                               by the federal government; to the Committee               Yael Lempert, of New York, a Career Mem-               Post: Special Envoy on North Korean
                                               on the Judiciary.                                       ber of the Senior Foreign Service, Class of            Human Rights Issues, with the rank of Am-
                                                                                                       Minister-Counselor, to be Ambassador Ex-               bassador.
                                                                f                                      traordinary and Plenipotentiary of the                   (The following is a list of members of my
                                                                                                       United States of America to the Hashemite              immediate family. I have asked each of these
                                                    EXECUTIVE REPORTS OF                               Kingdom of Jordan.                                     persons to inform me of the pertinent con-
                                                          COMMITTEES                                     Nominee: Yael Lempert.                               tributions made by them. To the best of my
                                                 The following executive reports of                      Post: Jordan.                                        knowledge, the information contained in this
                                               nominations were submitted:                               Nominated: January 3, 2023.                          report is complete and accurate.)
                                                                                                         (The following is a list of members of my              Contributions, amount, date, and donee:
                                                 By Mr. MENENDEZ for the Committee on                  immediate family. I have asked each of these             1. Self: None.
                                               Foreign Relations.                                      persons to inform me of the pertinent con-               Lisa A. Johnson, of Virginia, a Career
                                                 Stephanie Syptak-Ramnath, of Texas, a                 tributions made by them. To the best of my             Member of the Senior Foreign Service, Class
                                               Career Member of the Senior Foreign Serv-               knowledge, the information contained in this           of Minister-Counselor, to be Ambassador Ex-
                                               ice, Class of Career Minister, to be Ambas-             report is complete and accurate.)                      traordinary and Plenipotentiary of the
                                               sador Extraordinary and Plenipotentiary of                Contributions, donee, date, and amount:              United States of America to the Lebanese
                                               the United States of America to the Republic              Self: None.                                          Republic.
                                               of Peru.                                                  Spouse: None.                                          Nominee: Lisa A. Johnson.
                                                 Nominee: Stephanie Syptak-Ramnath.                                                                             Post: Lebanese Republic.
                                                 Post: Ambassador Extraordinary and Plen-                Roger F. Nyhus, of Washington, to be Am-               (The following is a list of members of my
                                               ipotentiary to the Republic of Peru.                    bassador Extraordinary and Plenipotentiary             immediate family. I have asked each of these
                                                 (The following is a list of members of my             of the United States of America to Barbados,           persons to inform me of the pertinent con-
                                               immediate family. I have asked each of these            and to serve concurrently and without addi-            tributions made by them. To the best of my
                                               persons to inform me of the pertinent con-              tional compensation as Ambassador Extraor-             knowledge, the information contained in this
                                               tributions made by them. To the best of my              dinary and Plenipotentiary of the United               report is complete and accurate.)
                                               knowledge, the information contained in this            States of America to the Federation of Saint             Contributions, amount, date and donee:
                                               report is complete and accurate.)                       Kitts and Nevis, Saint Lucia, Antigua and                1. Self: None.
                                                 Contributions, Amount, Date, and Donee:               Barbuda, the Commonwealth of Dominica,
                                                 1. Self: None.                                        Grenada, and Saint Vincent and the Grena-                William W. Popp, of Missouri, a Career
                                                 2. Spouse: None.                                      dines.                                                 Member of the Senior Foreign Service, Class
                                                                                                         Nominee: Roger Fay Nyhus.                            of Minister-Counselor, to be Ambassador Ex-
                                                 Arthur W. Brown, of Pennsylvania, a Ca-                 Post: U.S. Ambassador Extraordinary and              traordinary and Plenipotentiary of the
                                               reer Member of the Senior Foreign Service,              Plenipotentiary to Barbados, the Federation            United States of America to the Republic of
                                               Class of Minister-Counselor, to be Ambas-               of St. Kitts and Nevis, Saint Lucia, Antigua           Uganda.
                                               sador Extraordinary and Plenipotentiary of              and Barbuda, the Commonwealth of Domi-                   Nominee: William Wayne Popp.
                                               the United States of America to the Republic            nica, Grenada, and Saint Vincent and the                 Post: Uganda.
                                               of Ecuador.                                             Grenadines.                                              (The following is a list of members of my
                                                 Nominee: Arthur W. Brown.                               (The following is a list of members of my            immediate family. I have asked each of these
                                                 Post: Ambassador to Ecuador.                          immediate family. I have asked each of these           persons to inform me of the pertinent con-
                                                 (The following is a list of members of my             persons to inform me of the pertinent con-             tributions made by them. To the best of my
                                               immediate family. I have asked each of these            tributions made by them. To the best of my             knowledge, the information contained in this
                                               persons to inform me of the pertinent con-              knowledge, the information contained in this           report is complete and accurate.)
                                               tributions made by them. To the best of my              report is complete and accurate.)                        Contributions, amount, date, donee:
                                               knowledge, the information contained in this              Contributions, amount, date, and donee:                Self: none, none, none.
                                               report is complete and accurate.)                         Self: $1,000.00, 6/17/2019, Inslee for America;        Spouse: Milena Baptista Popp: none, none,
                                                 Contributions, amount, date, and donee:               $2,800.00, 6/19/2019, Biden for President;             none.
                                                 Self: None.                                           $2,800.00, 6/19/2019, Biden for President;
                                                 Spouse: (Krista L. Brown): $250, August 22,           $250.00, 3/1/2020, Strickland for Washington;            By Mr. DURBIN for the Committee on the
                                               2020, ActBlue; $100, January 3, 2021, ActBlue.          $250.00, 5/18/2020, Biden for President; $250.00,      Judiciary.
                                                                                                       5/18/2020, Biden Victory Fund; $2,550.00, 6/3/           Shannon R. Saylor, of Virginia, to be
                                                 Ana A. Escrogima, of New York, a Career               2020, Biden for President; $2,800.00, 6/3/2020,        United States Marshal for the Eastern Dis-
                                               Member of the Senior Foreign Service, Class             Biden Victory Fund; $250.00, 6/3/2020, DNC             trict of Virginia for the term of four years.
                                               of Counselor, to be Ambassador Extraor-                 Services Corp/Democratic National Com-                   (Nominations without an asterisk
                                               dinary and Plenipotentiary of the United                mittee; $1,000.00, 6/29/2020, Dr Kim Schrier for




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              were reported with the recommenda-
                                               States of America to the Sultanate of Oman.             Congress; $500.00, 7/17/2020, Citizens to Elect
                                                                                                                                                              tion that they be confirmed.)
                                                 Nominee: Ana Escrogima.                               Rick Larsen; $250.00, 8/9/2020, Strickland for
                                                 Post: Ambassador to the Sultanate of                  Washington; $250.00, 9/15/2020, Strickland for                           f
                                               Oman.                                                   Washington; $500.00, 9/20/2020, Mark Kelly;               INTRODUCTION OF BILLS AND
                                                 (The following is a list of members of my             $500.00, 9/20/2020, Mark Kelly for Senate;                     JOINT RESOLUTIONS
                                               immediate family. I have asked each of these            $250.00, 9/20/2020, Sara Gideon for Maine;
                                               persons to inform me of the pertinent con-              $250.00, 9/20/2020, Stop Republicans **; $250.00,        The following bills and joint resolu-
                                               tributions made by them. To the best of my              9/21/2020, Hickenlooper for Colorado; $250.00,         tions were introduced, read the first



                                         VerDate Sep 11 2014   07:50 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00042   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.035   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                    S1899
                                               and second times by unanimous con-                      to the Committee on Health, Education,                   S. Res. 231. A resolution expressing support
                                               sent, and referred as indicated:                        Labor, and Pensions.                                   for the designation of June 2, 2023, as ‘‘Na-
                                                                                                             By Mr. MORAN (for himself and Ms.                tional Gun Violence Awareness Day’’ and
                                                     By Mrs. SHAHEEN (for herself and Mr.
                                                                                                               CANTWELL):                                     June 2023 as ‘‘National Gun Violence Aware-
                                                       WICKER):
                                                                                                         S. 1796. A bill to amend title 49, United            ness Month’’; to the Committee on the Judi-
                                                 S. 1786. A bill to amend the Afghan Allies
                                                                                                       States Code, to direct the Administrator of            ciary .
                                               Protection Act of 2009 to authorize addi-
                                                                                                       the Federal Aviation Authority to continue                   By Mr. RUBIO (for himself, Mr. REED,
                                               tional special immigrant visas, to require a
                                                                                                       operation of the Advanced Materials Center                      Mrs. FISCHER, Mrs. CAPITO, Mr.
                                               strategy for efficient processing, and to es-
                                                                                                       of Excellence, and for other purposes; to the                   BRAUN, Mr. CASEY, Mrs. HYDE-SMITH,
                                               tablish designated senior special immigrant
                                                                                                       Committee on Commerce, Science, and                             and Mr. MARSHALL):
                                               visa coordinating officials, and for other pur-
                                                                                                       Transportation.                                          S. Res. 232. A resolution expressing support
                                               poses; to the Committee on the Judiciary.
                                                                                                             By Mr. CASEY (for himself, Mr. BOOK-             for the designation of May 17, 2023, as ‘‘DIPG
                                                     By Mr. MENENDEZ (for himself and
                                                                                                               ER, and Mr. MENENDEZ):                         Pediatric Brain Cancer Awareness Day’’ to
                                                       Mr. CASSIDY):
                                                                                                         S. 1797. A bill to establish a demonstration         raise awareness of, and encourage research
                                                 S. 1787. A bill to amend the Internal Rev-
                                                                                                       program to allow States to test payment                on, diffuse intrinsic pontine glioma tumors
                                               enue Code of 1986 to provide special rules for
                                                                                                       models for maternity care provided under               and pediatric cancers in general; considered
                                               purposes of determining if financial guar-
                                                                                                       Medicaid and the Children’s Health Insur-              and agreed to.
                                               anty insurance companies are qualifying in-
                                                                                                       ance Program; to the Committee on Finance.                   By Ms. ERNST (for herself and Mr.
                                               surance corporations under the passive for-
                                                                                                             By Mr. PETERS (for himself and Mr.                        PETERS):
                                               eign investment company rules; to the Com-
                                                                                                               CORNYN):                                         S. Res. 233. A resolution expressing support
                                               mittee on Finance.
                                                                                                         S. 1798. A bill to establish a Countering            for the designation of May 2023 as Motor-
                                                     By Ms. BALDWIN (for herself and Ms.
                                                                                                       Weapons of Mass Destruction Office and an              cycle Safety Awareness Month; considered
                                                       KLOBUCHAR):
                                                 S. 1788. A bill to require the Director of the        Office of Health Security in the Department            and agreed to.
                                               United States Fish and Wildlife Service to              of Homeland Security, and for other pur-                     By Mr. KELLY (for himself, Mr.
                                               update the Post-delisting Monitoring Plan               poses; to the Committee on Homeland Secu-                       BRAUN, Mr. CASEY, Mr. SCOTT of Flor-
                                               for the Western Great Lakes Distinct Popu-              rity and Governmental Affairs.                                  ida, Mr. VANCE, Mr. RICKETTS, Ms.
                                               lation Segment of the Gray Wolf, and for                      By Mr. HAGERTY:                                           WARREN,     Mr.    FETTERMAN,     Mr.
                                               other purposes; to the Committee on Envi-                 S. 1799. A bill to amend the Securities Ex-                   BLUMENTHAL, and Mr. RUBIO):
                                               ronment and Public Works.                               change Act of 1934 to require the registration           S. Res. 234. A resolution designating May
                                                     By Mr. KENNEDY:                                   of proxy advisory firms, and for other pur-            2023 as ‘‘Older Americans Month’’; considered
                                                 S. 1789. A bill to amend title 38, United             poses; to the Committee on Banking, Hous-              and agreed to.
                                               States Code, to improve the review of claims            ing, and Urban Affairs.                                      By Mr. KING (for himself, Mr. CORNYN,
                                               for benefits under laws administered by the                   By Ms. MURKOWSKI (for herself, Ms.                        and Mr. PADILLA):
                                               Secretary of Veterans Affairs; to the Com-                      KLOBUCHAR, Mr. MORAN, and Mr.                    S. Res. 235. A resolution supporting the
                                               mittee on Veterans’ Affairs.                                    KING):                                         designation of the week of May 7, 2023, as
                                                     By Ms. WARREN (for herself, Mr.                     S. 1800. A bill to amend the Public Health           ‘‘Children’s Mental Health Awareness Week’’
                                                       HAWLEY, Ms. CORTEZ MASTO, Mr.                   Service Act to reauthorize and extend the              and May 11, 2023, as ‘‘Children’s Mental
                                                       BRAUN, Mr. VANCE, Mr. MENENDEZ,                 Fetal Alcohol Spectrum Disorders Preven-               Health Awareness Day’’; considered and
                                                       Mr. WARNER, Mr. VAN HOLLEN, Ms.                 tion and Services program, and for other               agreed to.
                                                       SMITH, Mrs. BRITT, Mr. CRAMER, Mr.              purposes; to the Committee on Health, Edu-                   By Mr. SCOTT of Florida (for himself
                                                       WARNOCK, and Mr. FETTERMAN):                    cation, Labor, and Pensions.                                    and Mr. RUBIO):
                                                 S. 1790. A bill to amend the Federal De-                    By Mr. LUJÁN (for himself, Mr.                    S. Res. 236. A resolution honoring the 125th
                                               posit Insurance Act to clarify that the Fed-                    PADILLA, Mr. MENENDEZ, Ms. HIRONO,             anniversary of the Rough Riders in the Span-
                                               eral Deposit Insurance Corporation and ap-                      and Mr. WYDEN):                                ish American War and designating June 2,
                                               propriate Federal regulators have the au-                 S. 1801. A bill to ensure that large online          2023, as ‘‘National Rough Rider Day’’; to the
                                               thority to claw back certain compensation               platforms are addressing the needs of non-             Committee on the Judiciary.
                                               paid to executives, and for other purposes; to          English users; to the Committee on Com-                                f
                                               the Committee on Banking, Housing, and                  merce, Science, and Transportation.
                                                                                                             By Mr. PETERS (for himself, Mrs.                        ADDITIONAL COSPONSORS
                                               Urban Affairs.
                                                     By Mr. ROMNEY (for himself, Mr.                           FISCHER, Mr. BUDD, and Ms. ROSEN):                                  S. 10
                                                       MANCHIN, Mr. SULLIVAN, and Mr.                    S. 1802. A bill to direct the Secretary of De-
                                                                                                       fense to establish a fund for the conduct of             At the request of Mr. TESTER, the
                                                       KING):                                                                                                 name of the Senator from Rhode Island
                                                 S. 1791. A bill to require the Director of the        collaborative defense projects between the
                                               Defense Intelligence Agency to conduct a                United States and Israel in emerging tech-             (Mr. WHITEHOUSE) was added as a co-
                                               comparative study on the defense budgets of             nologies, and for other purposes; to the Com-          sponsor of S. 10, a bill to improve the
                                               the People’s Republic of China and the                  mittee on Foreign Relations.                           workforce of the Department of Vet-
                                               United States, and for other purposes; to the                 By Mr. BENNET (for himself and Mrs.              erans Affairs, and for other purposes.
                                               Select Committee on Intelligence.                               BLACKBURN):
                                                                                                                                                                                   S. 45
                                                     By Mr. TESTER (for himself, Mr.                     S. 1803. A bill to amend title XVIII of the
                                                                                                       Social Security Act to revise payment for air            At the request of Mr. CARDIN, the
                                                       BRAUN, Mr. CORNYN, Ms. BALDWIN,
                                                       Ms. ROSEN, Mr. PETERS, and Mr.                  ambulance services under the Medicare pro-             name of the Senator from Michigan
                                                       HOEVEN):                                        gram; to the Committee on Finance.                     (Ms. STABENOW) was added as a cospon-
                                                 S. 1792. A bill to amend title 38, United                   By Mr. HEINRICH:                                 sor of S. 45, a bill to amend the Inter-
                                               States Code, to modify the program of com-                S. 1804. A bill to amend the Federal Power           nal Revenue Code of 1986 to simplify re-
                                               prehensive assistance for family caregivers             Act to facilitate more expeditious review              porting requirements, promote tax
                                               of veterans, and for other purposes; to the             and permitting of certain electric trans-
                                                                                                                                                              compliance, and reduce tip reporting
                                               Committee on Veterans’ Affairs.                         mission facilities, and for other purposes; to
                                                                                                       the Committee on Energy and Natural Re-                compliance burdens in the beauty serv-
                                                     By Mr. HEINRICH:                                                                                         ice industry.
                                                 S. 1793. A bill to amend the Internal Rev-            sources.
                                                                                                                                                                                  S. 100
                                               enue Code of 1986 to establish a tax credit for                           f
                                               installation of regionally significant electric                                                                  At the request of Mr. CASEY, the
                                               power transmission lines; to the Committee              SUBMISSION OF CONCURRENT AND                           name of the Senator from Arizona (Mr.
                                               on Finance.                                                    SENATE RESOLUTIONS                              KELLY) was added as a cosponsor of S.
                                                     By Mr. BROWN (for himself, Ms. STA-                                                                      100, a bill to amend title XIX of the So-
                                                                                                         The following concurrent resolutions
                                                       BENOW, Mr. VANCE, and Mr. PETERS):
                                                                                                       and Senate resolutions were read, and                  cial Security Act to expand access to
                                                 S. 1794. A bill to waive time limitations in
                                               order to allow the Medal of Honor to be                 referred (or acted upon), as indicated:                home and community-based services
                                               awarded     to    Gary     Lee   McKiddy,     of               By Mr. DURBIN (for himself, Ms.                 (HCBS) under Medicaid, and for other
                                               Miamisburg, Ohio, for acts of valor while a                     DUCKWORTH, Mr. MARKEY, Mr. WELCH,              purposes.




SSpencer on DSK126QN23PROD with SENATE
                                               helicopter crew chief and door gunner with                      Mrs. FEINSTEIN, Mr. MURPHY, Mr.                                    S. 120
                                               the 1st Calvary Division during the Vietnam                     MENENDEZ,    Mr.    MERKLEY,    Mr.              At the request of Mr. CASSIDY, the
                                               War; to the Committee on Armed Services.                        CARDIN, Mr. CASEY, Mr. WYDEN, Mr.
                                                                                                                                                              name of the Senator from Wyoming
                                                     By Mr. RUBIO (for himself, Mr. LEE,                       BOOKER, Mr. LUJÁN, Ms. HIRONO, Ms.
                                                       and Mr. SCOTT of Florida):                              BALDWIN, Mr. REED, Mr. KAINE, Mr.              (Ms. LUMMIS) was added as a cosponsor
                                                 S. 1795. A bill to modify the criteria for                    WARNOCK, Ms. CANTWELL, Ms. KLO-                of S. 120, a bill to amend the Internal
                                               recognition of accrediting agencies or asso-                    BUCHAR,   Mr. HEINRICH, and Mr.                Revenue Code of 1986 to allow a credit
                                               ciations for institutions of higher education;                  PADILLA):                                      against tax for charitable donations to



                                         VerDate Sep 11 2014   06:18 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00043   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.057   S01JNPT1
                                               S1900                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                               nonprofit organizations providing edu-                  (Mr. SCHATZ) and the Senator from                                        S. 1119
                                               cation scholarships to qualified ele-                   Vermont (Mr. WELCH) were added as co-                    At the request of Mr. BROWN, the
                                               mentary and secondary students.                         sponsors of S. 789, a bill to require the              name of the Senator from Illinois (Ms.
                                                                      S. 131                           Secretary of the Treasury to mint a                    DUCKWORTH) was added as a cosponsor
                                                 At the request of Mr. BROWN, the                      coin in recognition of the 100th anni-                 of S. 1119, a bill to amend title 38,
                                               name of the Senator from Rhode Island                   versary of the United States Foreign                   United States Code, to increase the
                                               (Mr. WHITEHOUSE) was added as a co-                     Service and its contribution to United                 maximum age for children eligible for
                                               sponsor of S. 131, a bill to amend chap-                States diplomacy.                                      medical care under the CHAMPVA pro-
                                               ter 81 of title 5, United States Code, to                                       S. 805                         gram, and for other purposes.
                                               cover, for purposes of workers’ com-                      At the request of Mr. BROWN, the                                       S. 1181
                                               pensation under such chapter, services                  names of the Senator from Indiana                        At the request of Mr. REED, the
                                               by physician assistants and nurse prac-                 (Mr. BRAUN) and the Senator from Ohio                  names of the Senator from Minnesota
                                               titioners provided to injured Federal                   (Mr. VANCE) were added as cosponsors                   (Ms. SMITH) and the Senator from Mon-
                                               workers, and for other purposes.                        of S. 805, a bill to amend the Tariff Act              tana (Mr. TESTER) were added as co-
                                                                      S. 184                           of 1930 to increase civil penalties for,               sponsors of S. 1181, a bill to amend the
                                                 At the request of Mr. PAUL, the name                  and improve enforcement with respect                   Federal Deposit Insurance Act to im-
                                               of the Senator from Alabama (Mr.                        to, customs fraud, and for other pur-                  prove financial stability, and for other
                                               TUBERVILLE) was added as a cosponsor                    poses.                                                 purposes.
                                               of S. 184, a bill to amend chapter 8 of                                         S. 895                                           S. 1189
                                               title 5, United States Code, to provide                   At the request of Mr. BLUMENTHAL,                      At the request of Mrs. CAPITO, the
                                               that major rules of the executive                       the name of the Senator from Con-                      name of the Senator from Maine (Ms.
                                               branch shall have no force or effect un-                necticut (Mr. MURPHY) was added as a                   COLLINS) was added as a cosponsor of S.
                                               less a joint resolution of approval is en-              cosponsor of S. 895, a bill to provide for             1189, a bill to establish a pilot grant
                                               acted into law.                                         further comprehensive research at the                  program to improve recycling accessi-
                                                                      S. 198                           National Institute of Neurological Dis-                bility, and for other purposes.
                                                 At the request of Mr. BARRASSO, the                   orders and Stroke on unruptured
                                                                                                                                                                                S. 1190
                                               name of the Senator from Illinois (Mr.                  intracranial aneurysms.
                                               DURBIN) was added as a cosponsor of S.                                          S. 993
                                                                                                                                                                At the request of Mr. SCHATZ, the
                                               198, a bill to amend title XVIII of the                                                                        name of the Senator from Connecticut
                                                                                                         At the request of Ms. CORTEZ MASTO,
                                               Social Security Act to modernize pro-                                                                          (Mr. BLUMENTHAL) was added as a co-
                                                                                                       the name of the Senator from Mis-
                                               visions relating to rural health clinics                                                                       sponsor of S. 1190, a bill to repeal the
                                                                                                       sissippi (Mrs. HYDE-SMITH) was added
                                               under Medicare.                                                                                                debt ceiling, and for other purposes.
                                                                                                       as a cosponsor of S. 993, a bill to pro-
                                                                                                                                                                                S. 1205
                                                                      S. 639                           hibit certain uses of xylazine, and for
                                                 At the request of Mr. CARDIN, the                     other purposes.                                          At the request of Mr. BROWN, the
                                               name of the Senator from California                                             S. 994                         name of the Senator from New Mexico
                                               (Mrs. FEINSTEIN) was added as a co-                       At the request of Mr. PETERS, the                    (Mr. LUJÁN) was added as a cosponsor
                                               sponsor of S. 639, a bill to amend the                  name of the Senator from Vermont                       of S. 1205, a bill to modify market de-
                                               Internal Revenue Code of 1986 to im-                    (Mr. WELCH) was added as a cosponsor                   velopment programs under the Depart-
                                               prove the historic rehabilitation tax                   of S. 994, a bill to amend the Omnibus                 ment of Agriculture, and for other pur-
                                               credit, and for other purposes.                         Crime Control and Safe Streets Act of                  poses.
                                                                      S. 652                           1968 to provide that COPS grant funds                                    S. 1273

                                                 At the request of Ms. MURKOWSKI, the                  may be used for local law enforcement                    At the request of Ms. ROSEN, the
                                               name of the Senator from Maryland                       recruits to attend schools or academies                name of the Senator from California
                                               (Mr. VAN HOLLEN) was added as a co-                     if the recruits agree to serve in pre-                 (Mrs. FEINSTEIN) was added as a co-
                                               sponsor of S. 652, a bill to amend the                  cincts of law enforcement agencies in                  sponsor of S. 1273, a bill to require a
                                               Employee Retirement Income Security                     their communities.                                     study on Holocaust education efforts of
                                               Act of 1974 to require a group health                                          S. 1025                         States, local educational agencies, and
                                               plan or health insurance coverage of-                     At the request of Mr. MENENDEZ, the                  public   elementary     and   secondary
                                               fered in connection with such a plan to                 name of the Senator from Maryland                      schools, and for other purposes.
                                               provide an exceptions process for any                   (Mr. CARDIN) was added as a cosponsor                                    S. 1329
                                               medication step therapy protocol, and                   of S. 1025, a bill to enhance the consid-                At the request of Mr. MENENDEZ, the
                                               for other purposes.                                     eration of human rights in arms ex-                    names of the Senator from Maryland
                                                                      S. 711                           ports.                                                 (Mr. CARDIN), the Senator from Michi-
                                                 At the request of Mr. BUDD, the name                                         S. 1110                         gan (Ms. STABENOW), the Senator from
                                               of the Senator from Virginia (Mr.                         At the request of Mr. CASEY, the                     Massachusetts (Ms. WARREN), the Sen-
                                               KAINE) was added as a cosponsor of S.                   name of the Senator from Mississippi                   ator from Wisconsin (Ms. BALDWIN), the
                                               711, a bill to require the Secretary of                 (Mrs. HYDE-SMITH) was added as a co-                   Senator from California (Mrs. FEIN-
                                               the Treasury to mint coins in com-                      sponsor of S. 1110, a bill to amend title              STEIN) and the Senator from Rhode Is-
                                               memoration of the invaluable service                    XVIII of the Social Security Act to                    land (Mr. WHITEHOUSE) were added as
                                               that working dogs provide to society.                   rebase the calculation of payments for                 cosponsors of S. 1329, a bill to direct
                                                                      S. 766                           sole community hospitals and Medi-                     the Librarian of Congress to carry out
                                                 At the request of Mr. SANDERS, the                    care-dependent hospitals, and for other                activities to support Armenian Geno-
                                               name of the Senator from Pennsyl-                       purposes.                                              cide education programs, and for other
                                               vania (Mr. FETTERMAN) was added as a                                           S. 1111                         purposes.
                                               cosponsor of S. 766, a bill to ensure that                At the request of Mrs. CAPITO, the                                     S. 1355
                                               teachers are paid a livable and com-                    names of the Senator from West Vir-                      At the request of Mr. BENNET, the
                                               petitive salary throughout their ca-                    ginia (Mr. MANCHIN) and the Senator                    names of the Senator from South Da-
                                               reer, and for other purposes.                           from North Dakota (Mr. CRAMER) were                    kota (Mr. ROUNDS), the Senator from
                                                                      S. 789                           added as cosponsors of S. 1111, a bill to              New York (Mrs. GILLIBRAND) and the




SSpencer on DSK126QN23PROD with SENATE
                                                 At the request of Mr. VAN HOLLEN,                     enhance United States civil nuclear                    Senator       from       Colorado      (Mr.
                                               the names of the Senator from Mary-                     leadership, support the licensing of ad-               HICKENLOOPER) were added as cospon-
                                               land (Mr. CARDIN), the Senator from                     vanced nuclear technologies, strength-                 sors of S. 1355, a bill to establish a pro-
                                               New Hampshire (Mrs. SHAHEEN), the                       en the domestic nuclear energy fuel                    gram to develop antimicrobial innova-
                                               Senator from Delaware (Mr. COONS),                      cycle and supply chain, and improve                    tions targeting the most challenging
                                               the   Senator   from   Oregon   (Mr.                    the regulation of nuclear energy, and                  pathogens and most threatening infec-
                                               MERKLEY), the Senator from Hawaii                       for other purposes.                                    tions, and for other purposes.



                                         VerDate Sep 11 2014   06:18 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00044   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.060   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1901
                                                                      S. 1375                          mail and United States Postal Service                    (3) 25,000 individuals die by suicide using a
                                                 At the request of Mr. MARSHALL, the                   property, and for other purposes.                      gun; and
                                               name of the Senator from West Vir-                                                                               (4) 500 individuals are killed in uninten-
                                                                                                                              S. 1785
                                                                                                                                                              tional shootings;
                                               ginia (Mrs. CAPITO) was added as a co-                    At the request of Mr. MARKEY, the                      Whereas, since 1968, more individuals have
                                               sponsor of S. 1375, a bill to amend title               name of the Senator from Wisconsin                     died from guns in the United States than
                                               XXVII of the Public Health Service Act                  (Ms. BALDWIN) was added as a cospon-                   have died on the battlefields of all the wars
                                               to apply additional payments, dis-                      sor of S. 1785, a bill to establish pro-               in the history of the United States;
                                               counts, and other financial assistance                  grams to address addiction and                           Whereas 2022 was an especially deadly year
                                               towards the cost-sharing requirements                   overdoses caused by illicit fentanyl and               for the United States, with an estimated
                                               of health insurance plans, and for other                                                                       20,100 people killed in homicides involving
                                                                                                       other opioids, and for other purposes.
                                               purposes.                                                                                                      guns or nonsuicide-related shootings;
                                                                                                                            S.J. RES. 21                        Whereas, in 2022, unintentional shootings
                                                                      S. 1409
                                                                                                         At the request of Mr. CRUZ, the name                 by children surpassed 350 incidents for the
                                                 At the request of Mr. BLUMENTHAL,                     of the Senator from West Virginia                      third year in a row, resulting in nearly 140
                                               the name of the Senator from Mis-                       (Mrs. CAPITO) was added as a cosponsor                 deaths annually;
                                               sissippi (Mr. WICKER) was added as a                    of S.J. Res. 21, a joint resolution pro-                 Whereas, by one count, in 2022 in the
                                               cosponsor of S. 1409, a bill to protect                                                                        United States, there were 646 mass-shooting
                                                                                                       posing an amendment to the Constitu-
                                               the safety of children on the internet.                                                                        incidents in which not fewer than 4 people
                                                                                                       tion of the United States to require                   were killed or wounded by gunfire;
                                                                      S. 1516                          that the Supreme Court of the United                     Whereas, from 2010 to 2021 in the United
                                                 At the request of Ms. SMITH, the                      States be composed of nine justices.                   States, 65,000 military veterans died by sui-
                                               name of the Senator from Minnesota                                           S. RES. 156                       cide, the overwhelming majority of such
                                               (Ms. KLOBUCHAR) was added as a co-                        At the request of Mr. PETERS, the                    deaths being the result of a firearm;
                                               sponsor of S. 1516, a bill to authorize                                                                          Whereas, every year in the United States,
                                                                                                       name of the Senator from Texas (Mr.
                                               funding to expand and support enroll-                                                                          nearly 4,000 children and teens are killed by
                                                                                                       CORNYN) was added as a cosponsor of S.                 gun violence and 15,000 children and teens
                                               ment at institutions of higher edu-                     Res. 156, a resolution calling on the                  are shot and wounded;
                                               cation that sponsor construction and                    Government of the Russian Federation                     Whereas approximately 9,300 individuals in
                                               manufacturing-oriented registered ap-                   to release United States citizen Paul                  the United States under 25 years of age die
                                               prenticeship programs, and for other                    Whelan.                                                because of gun violence annually, including
                                               purposes.                                                                    S. RES. 208
                                                                                                                                                              Hadiya Pendleton, who, in 2013, was killed at
                                                                      S. 1530                                                                                 15 years of age in Chicago, Illinois, while
                                                                                                         At the request of Mrs. SHAHEEN, the                  standing in a park;
                                                 At the request of Mr. GRAHAM, the                     name of the Senator from Colorado                        Whereas, on June 2, 2023, to recognize the
                                               name of the Senator from Vermont                        (Mr. BENNET) was added as a cosponsor                  26th birthday of Hadiya Pendleton (born
                                               (Mr. WELCH) was added as a cosponsor                    of S. Res. 208, a resolution expressing                June 2, 1997), people across the United States
                                               of S. 1530, a bill to permit COPS grants                support for the designation of Novem-                  will recognize ‘‘National Gun Violence
                                               to be used for the purpose of increasing                ber 12, 2023, as ‘‘National Warrior Call               Awareness Day’’ and wear orange in tribute
                                               the compensation and hiring of law en-                  Day’’ and recognizing the important of                 to—
                                               forcement officers, and for other pur-                                                                           (1) Hadiya Pendleton and other victims of
                                                                                                       connecting warriors in the United
                                               poses.                                                                                                         gun violence; and
                                                                                                       States to support structures necessary                   (2) the loved ones of those victims; and
                                                                      S. 1557                          to transition from the battlefield, espe-                Whereas June 2023 is an appropriate month
                                                 At the request of Ms. CANTWELL, the                   cially peer-to-peer connection.                        to designate as ‘‘National Gun Violence
                                               names of the Senator from Maine (Mr.                                         S. RES. 230                       Awareness Month’’: Now, therefore, be it
                                               KING) and the Senator from Louisiana                      At the request of Ms. WARREN, the                      Resolved, That the Senate—
                                               (Mr. CASSIDY) were added as cosponsors                                                                           (1) supports—
                                                                                                       name of the Senator from Delaware
                                               of S. 1557, a bill to amend the Internal                                                                         (A) the designation of ‘‘National Gun Vio-
                                                                                                       (Mr. COONS) was added as a cosponsor                   lence Awareness Month’’ and the goals and
                                               Revenue Code of 1986 to reform the low-                 of S. Res. 230, a resolution recognizing               ideals of that month; and
                                               income housing credit, and for other                    the 102nd anniversary of the 1921 Tulsa                  (B) the designation of ‘‘National Gun Vio-
                                               purposes.                                               Race Massacre.                                         lence Awareness Day’’, in remembrance of
                                                                      S. 1573                                            f                                    the victims of gun violence; and
                                                 At the request of Mr. BENNET, the                                                                              (2) calls on the people of the United States
                                               names of the Senator from Michigan                             SUBMITTED RESOLUTIONS                           to—
                                                                                                                                                                (A) promote greater awareness of gun vio-
                                               (Ms. STABENOW), the Senator from Mis-                                          ---                             lence and gun safety;
                                               sissippi (Mrs. HYDE-SMITH), the Senator                 SENATE       RESOLUTION        231—EX-                   (B) wear orange, the color that hunters
                                               from Minnesota (Ms. KLOBUCHAR), the                       PRESSING SUPPORT FOR THE                             wear to show that they are not targets, on
                                               Senator from New York (Mrs. GILLI-                        DESIGNATION OF JUNE 2, 2023,                         ‘‘National Gun Violence Awareness Day’’;
                                               BRAND) and the Senator from Min-                                                                                 (C) concentrate heightened attention on
                                                                                                         AS ‘‘NATIONAL GUN VIOLENCE
                                               nesota (Ms. SMITH) were added as co-                                                                           gun violence during the summer months,
                                                                                                         AWARENESS DAY’’ AND JUNE                             when gun violence typically increases; and
                                               sponsors of S. 1573, a bill to reauthorize                2023 AS ‘‘NATIONAL GUN VIO-
                                               the Prematurity Research Expansion                                                                               (D) bring community members and leaders
                                                                                                         LENCE AWARENESS MONTH’’                              together to discuss ways to make commu-
                                               and Education for Mothers who deliver
                                                                                                         Mr. DURBIN (for himself, Ms.                         nities safer.
                                               Infants Early Act.
                                                                                                       DUCKWORTH, Mr. MARKEY, Mr. WELCH,                                        f
                                                                      S. 1594
                                                                                                       Mrs. FEINSTEIN, Mr. MURPHY, Mr.                        SENATE       RESOLUTION      232—EX-
                                                 At the request of Mr. BLUMENTHAL,
                                                                                                       MENENDEZ, Mr. MERKLEY, Mr. CARDIN,                       PRESSING SUPPORT FOR THE
                                               the name of the Senator from Georgia
                                                                                                       Mr. CASEY, Mr. WYDEN, Mr. BOOKER,                        DESIGNATION OF MAY 17, 2023,
                                               (Mr. OSSOFF) was added as a cosponsor
                                                                                                       Mr. LUJÁN, Ms. HIRONO, Ms. BALDWIN,                     AS    ‘‘DIPG   PEDIATRIC     BRAIN
                                               of S. 1594, a bill to require the Sec-
                                                                                                       Mr. REED, Mr. KAINE, Mr. WARNOCK,                        CANCER AWARENESS DAY’’ TO
                                               retary of Health and Human Services
                                                                                                       Ms. CANTWELL, Ms. KLOBUCHAR, Mr.                         RAISE AWARENESS OF, AND EN-
                                               to convene a task force to develop
                                                                                                       HEINRICH, and Mr. PADILLA) submitted                     COURAGE RESEARCH ON, DIF-
                                               strategies and coordinate efforts to
                                                                                                       the following resolution; which was re-                  FUSE       INTRINSIC      PONTINE
                                               eliminate preventable maternal mor-
                                                                                                       ferred to the Committee on the Judici-                   GLIOMA      TUMORS    AND     PEDI-
                                               tality, and for other purposes.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       ary:                                                     ATRIC CANCERS IN GENERAL
                                                                      S. 1641
                                                                                                                          S. RES. 231
                                                 At the request of Mr. CRUZ, the name                                                                           Mr. RUBIO (for himself, Mr. REED,
                                                                                                         Whereas, each year in the United States,
                                               of the Senator from Alabama (Mr.                                                                               Mrs. FISCHER, Mrs. CAPITO, Mr. BRAUN,
                                                                                                       more than—
                                               TUBERVILLE) was added as a cosponsor                      (1) 43,000 individuals are killed and 76,000         Mr. CASEY, Mrs. HYDE-SMITH, and Mr.
                                               of S. 1641, a bill to require the Comp-                 individuals are wounded by gunfire;                    MARSHALL) submitted the following
                                               troller General of the United States to                   (2) 17,000 individuals are killed in homi-           resolution; which was considered and
                                               submit reports to Congress on theft of                  cides involving guns;                                  agreed to:



                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00045   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.062   S01JNPT1
                                               S1902                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                                                   S. RES. 232                           Whereas motorcycle awareness is bene-                agement to assist more than 10,000,000 older
                                                  Whereas diffuse intrinsic pontine glioma             ficial to all road users and will help decrease        individuals in the United States each year;
                                               (referred to in this preamble as ‘‘DIPG’’) tu-          motorcycle crashes; and                                   Whereas, as local aging network leaders,
                                               mors regularly affect 150 to 300 children in              Whereas the National Highway Traffic                 Area Agencies on Aging are critical partners
                                               the United States each year;                            Safety Administration promotes Motorcycle              in the healthy aging continuum;
                                                  Whereas brain tumors are the leading                 Safety Awareness Month to encourage riders                Whereas, in 2022, an estimated 6,779,000 in-
                                               cause of cancer-related death among chil-               to be properly licensed, receive training, and         dividuals in the United States who were 65
                                               dren;                                                   wear personal protective equipment, and to             years of age or older continued to work as
                                                  Whereas DIPG tumors are the leading                  remind all riders and motorists to always              full-time, year-round employees;
                                               cause of pediatric brain cancer deaths;                 share the road: Now, therefore, be it                     Whereas older individuals in the United
                                                  Whereas, with respect to a child who is di-            Resolved, That the Senate—                           States play an important role in society by
                                               agnosed with a DIPG tumor and receives                    (1) supports the designation of Motorcycle           continuing to contribute their experience,
                                               treatment for a DIPG tumor, the median                  Safety Awareness Month;                                knowledge, wisdom, and accomplishments;
                                               amount of time that the child survives after              (2) recognizes the contribution of motor-               Whereas older individuals in the United
                                               diagnosis is approximately 11 months;                   cycles to the transportation mix;                      States play vital roles in their communities
                                                  Whereas, with respect to an individual who             (3) encourages motorcycle awareness by all           and remain involved in volunteer work, the
                                               is diagnosed with a DIPG tumor, the rate of             road users;                                            arts, cultural activities, and activities relat-
                                               survival 5 years after diagnosis is approxi-              (4) recognizes that motorcyclists have a             ing to mentorship and civic engagement;
                                               mately 2 percent;                                       right to the road and that all motorists                  Whereas more than 140,000 older individ-
                                                  Whereas the average age at which a child             should safely share the roadways;                      uals serve as AmeriCorps Seniors volunteers
                                               is diagnosed with a DIPG tumor is between 5               (5) encourages rider safety education,               in the Foster Grandparent, Senior Com-
                                               and 10 years, resulting in a life expectancy            training, and proper gear for safe motorcycle          panion Program, and the Retired and Senior
                                               approximately 70 years shorter than the av-             operation; and                                         Volunteer Program, helping communities by
                                               erage life expectancy in the United States;               (6) supports the goals of Motorcycle Safety          mentoring and tutoring children, providing
                                               and                                                     Awareness Month.                                       independent living support and companion-
                                                  Whereas the prognosis for children diag-                                                                    ship to other older adults, addressing food
                                               nosed with DIPG tumors has not improved                                   f
                                                                                                                                                              insecurity, and more; and
                                               during the past 50 years: Now, therefore, be            SENATE RESOLUTION 234—DESIG-                              Whereas a society that recognizes the suc-
                                               it                                                                                                             cess of older individuals and continues to en-
                                                  Resolved, That the Senate—                             NATING MAY 2023 AS ‘‘OLDER
                                                                                                                                                              hance the access of older individuals to qual-
                                                  (1) supports designating May 17, 2023, as              AMERICANS MONTH’’
                                                                                                                                                              ity and affordable health care will—
                                               ‘‘DIPG Pediatric Brain Cancer Awareness                   Mr. KELLY (for himself, Mr. BRAUN,                      (1) encourage the ongoing participation
                                               Day’’;                                                  Mr. CASEY, Mr. SCOTT of Florida, Mr.                   and heightened independence of older indi-
                                                  (2) supports efforts—                                                                                       viduals; and
                                                                                                       VANCE, Mr. RICKETTS, Ms. WARREN, Mr.
                                                  (A) to better understand diffuse intrinsic                                                                     (2) ensure the continued safety and well-
                                               pontine glioma tumors;                                  FETTERMAN, Mr. BLUMENTHAL, and Mr.
                                                                                                                                                              being of older individuals: Now, therefore, be
                                                  (B) to develop effective treatments for dif-         RUBIO) submitted the following resolu-
                                                                                                                                                              it
                                               fuse intrinsic pontine glioma tumors; and               tion; which was considered and agreed                     Resolved, That the Senate—
                                                  (C) to provide comprehensive care for chil-          to:                                                       (1) designates May 2023 as ‘‘Older Ameri-
                                               dren with diffuse intrinsic pontine glioma                                 S. RES. 234                         cans Month’’; and
                                               tumors and their families; and                                                                                    (2) encourages the people of the United
                                                                                                         Whereas President John F. Kennedy first
                                                  (3) encourages all individuals in the United                                                                States to provide opportunities for older in-
                                                                                                       designated May as ‘‘Senior Citizens Month’’
                                               States to become more informed about—                                                                          dividuals to continue to flourish by—
                                                                                                       in 1963;
                                                  (A) diffuse intrinsic pontine glioma tu-                                                                       (A) emphasizing the importance and lead-
                                                                                                         Whereas, in 1963, only approximately
                                               mors;                                                                                                          ership of older individuals through public
                                                                                                       17,778,000 individuals living in the United
                                                  (B) pediatric brain cancer in general; and                                                                  recognition of the ongoing achievements of
                                                                                                       States were 65 years of age or older, approxi-
                                                  (C) challenges relating to research on pedi-                                                                older individuals;
                                                                                                       mately 1⁄3 of those individuals lived in pov-
                                               atric cancers and ways to advance that re-                                                                        (B) presenting opportunities for older indi-
                                                                                                       erty, and few programs existed to meet the
                                               search.                                                                                                        viduals to share their wisdom, experience,
                                                                                                       needs of older individuals in the United
                                                                f                                      States;                                                and skills with younger generations; and
                                                                                                         Whereas, in 2022, there were more than                  (C) recognizing older individuals as valu-
                                               SENATE     RESOLUTION        233—EX-                                                                           able assets in strengthening communities
                                                                                                       57,794,852 individuals who were 65 years of
                                                 PRESSING SUPPORT FOR THE                              age or older living in the United States and           across the United States.
                                                 DESIGNATION OF MAY 2023 AS                            those individuals accounted for 17.3 percent                             f
                                                 MOTORCYCLE SAFETY AWARE-                              of the total population of the United States;
                                                 NESS MONTH                                              Whereas, during the COVID–19 pandemic—               SENATE      RESOLUTION     235—SUP-
                                                 Ms. ERNST (for herself and Mr.                          (1) more than 853,670 individuals in the               PORTING THE DESIGNATION OF
                                               PETERS) submitted the following reso-                   United States who were 65 years of age or                THE WEEK OF MAY 7, 2023, AS
                                                                                                       older have died due to COVID–19; and                     ‘‘CHILDREN’S MENTAL HEALTH
                                               lution; which was considered and
                                                                                                         (2) more than 200,000 residents and workers            AWARENESS WEEK’’ AND MAY 11,
                                               agreed to:                                              in long-term care facilities, including more
                                                                  S. RES. 233                                                                                   2023, AS ‘‘CHILDREN’S MENTAL
                                                                                                       than 168,000 in nursing homes, have suc-
                                                 Whereas,      in    the     United  States,           cumbed to the virus;                                     HEALTH AWARENESS DAY’’
                                               motorcycling is a great tradition enjoyed by              Whereas approximately 11,224 individuals               Mr. KING (for himself, Mr. CORNYN,
                                               an estimated 30,000,000 individuals annually,           in the United States turn 65 years of age              and Mr. PADILLA) submitted the fol-
                                               representing approximately 9 percent of the             each day;                                              lowing resolution; which was consid-
                                               population;                                               Whereas, in 2022, more than 8,543,000 vet-
                                                                                                                                                              ered and agreed to:
                                                 Whereas motorcycles are a valuable com-               erans of the Armed Forces were 65 years of
                                               ponent of the transportation mix;                       age or older;                                                            S. RES. 235
                                                 Whereas motorcycles are fuel-efficient and              Whereas older individuals in the United                Whereas children in the United States have
                                               decrease congestion while having little im-             States rely on Federal programs, such as               been documented to have undergone an acute
                                               pact on the transportation infrastructure of            programs under the Social Security Act (42             public health crisis of mental and behavioral
                                               the United States;                                      U.S.C. 301 et seq.), including the Medicare            health for many years, even before the addi-
                                                 Whereas the motorcycling community pro-               program under title XVIII of that Act (42              tional challenges of the COVID–19 pandemic;
                                               motes rider safety education, licensing, and            U.S.C. 1395 et seq.) and the Medicaid program            Whereas a 2022 study found as many as 1 in
                                               motorcycle awareness;                                   under title XIX of that Act (42 U.S.C. 1396 et         5 children in the United States have a men-
                                                 Whereas the motorcycling community is                 seq.), for financial security and high-quality         tal, emotional, or behavioral health condi-
                                               committed to decreasing motorcycle crashes              affordable health care;                                tion;
                                               through training and safety education, per-               Whereas the Older Americans Act of 1965                Whereas the Centers for Disease Control




SSpencer on DSK126QN23PROD with SENATE
                                               sonal responsibility, and increased public              (42 U.S.C. 3001 et seq.) provides—                     and Prevention, based on survey data from
                                               awareness;                                                (1) supportive services to help individuals          the Youth Risk behavior survey, estimate
                                                 Whereas approximately 87 percent of mo-               in the United States who are 60 years of age           that, in 2021, more than 4 in 10 (42 percent)
                                               torcycles operated on highways are operated             or older maintain maximum independence in              high school students felt persistently sad or
                                               in conjunction with other vehicles;                     the homes and communities of those individ-            hopeless, and nearly 1 in 3 (29 percent) expe-
                                                 Whereas motorcyclist fatalities occur                 uals; and                                              rienced poor mental health;
                                               more frequently than passenger vehicle mo-                (2) funding for programs, including nutri-             Whereas, in 2019, according to the Census
                                               torist fatalities;                                      tion services, transportation, and care man-           Bureau, over 11 percent of children aged 3 to




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00046   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.065   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1903
                                               17 received treatment or counseling from a                Whereas the Rough Riders—                            brate June 2, 2023, as the 125th Anniversary
                                               mental health professional;                               (1) were ordered to embark on June 8, 1898,          of the Rough Riders in the Spanish American
                                                 Whereas, according to the Centers for Dis-            with the Army invasion fleet; and                      War: Now, therefore, be it
                                               ease Control and Prevention, suicide is—                  (2) in their eagerness to be part of the inva-         Resolved, That the Senate—
                                                 (1) the second leading cause of death                 sion fleet, infamously commandeered a train              (1) designates June 2, 2023, as ‘‘National
                                               among individuals aged 10 to 14;                        to take them to Port Tampa to embark;                  Rough Rider Day’’; and
                                                 (2) the third leading cause of death among              Whereas, at Port Tampa, things were in                 (2) encourages the people of the United
                                               individuals aged 15 to 24; and                          great disarray, and the 5th Corps was highly           States to observe the day with appropriate
                                                 (3) the tenth leading cause of death for in-          disorganized;                                          ceremonies and activities.
                                               dividuals aged 5 to 9;                                    Whereas, in the confusion of moving the
                                                                                                                                                                             f
                                                 Whereas there has been a significant in-              5th Corps invasion forces on to the Army in-
                                               crease in demand for mental health services             vasion fleet transports—                                  AMENDMENTS SUBMITTED AND
                                               for children, including a more than 30 per-               (1) several 5th Corps regiments were as-                       PROPOSED
                                               cent increase in mental health visits to                signed to the same transport vessel, the S.S.
                                               emergency departments for children aged 12              Yucatan; and                                             SA 98. Mr. LEE (for himself and Mr. KEN-
                                               to 17 from 2019 to April 2020;                            (2) Lieutenant Colonel Roosevelt got his             NEDY)   proposed an amendment to the bill
                                                 Whereas barriers exist to access to mental            men aboard the S.S. Yucatan, and realizing             H.R. 3746, to provide for a responsible in-
                                               health delivery systems, particularly im-               that once aboard they would probably not be            crease to the debt ceiling.
                                               pacting children and adults who have been               forced to disembark, the Rough Riders                    SA 99. Mr. LEE submitted an amendment
                                               exposed to adverse childhood experiences;               stayed aboard, to the chagrin of the other             intended to be proposed by him to the bill
                                               and                                                     regiments;                                             H.R. 3746, supra; which was ordered to lie on
                                                 Whereas the stigma surrounding mental                   Whereas, the Army invasion fleet sailed on           the table.
                                                                                                       June 14 with the Rough Riders, and the 5th               SA 100. Mr. LEE submitted an amendment
                                               and behavioral health persists, and acknowl-
                                                                                                       Corps landed at Daquiri, Cuba on June 22,              intended to be proposed by him to the bill
                                               edging this public health crisis and creating
                                                                                                       1898;                                                  H.R. 3746, supra; which was ordered to lie on
                                               awareness as early as possible is as impor-
                                                                                                         Whereas, on June 24, 1898, the Rough Rid-            the table.
                                               tant as ever: Now, therefore, be it
                                                                                                       ers, along with the 10th Unites States Cav-              SA 101. Mr. KAINE proposed an amend-
                                                 Resolved, That the Senate—
                                                                                                       alry Regiment (referred to in this preamble            ment to the bill H.R. 3746, supra.
                                                 (1) recognizes the importance of con-
                                                                                                       as the ‘‘Buffalo Soldiers’’)—                            SA 102. Mr. KENNEDY proposed an amend-
                                               necting children with appropriate mental
                                                                                                         (1) led the advance of the 5th Corps; and            ment to the bill H.R. 3746, supra.
                                               and behavioral health services and supports;
                                                                                                         (2) met, engaged, and caused the retreat, of           SA 103. Mr. KENNEDY submitted an
                                                 (2) seeks to create awareness for the addi-
                                                                                                       Spanish forces at the Battle of Las                    amendment intended to be proposed by him
                                               tional challenges children and their families
                                                                                                       Guasimas, while sustaining the first casual-           to the bill H.R. 3746, supra; which was or-
                                               have faced during the COVID–19 pandemic
                                                                                                       ties of the Cuba campaign;                             dered to lie on the table.
                                               due to isolation from family and peers, bar-                                                                     SA 104. Mr. KENNEDY proposed an amend-
                                                                                                         Whereas, on July 1, 1898, the Rough Riders,
                                               riers to services, and exposure to traumas;                                                                    ment to the bill H.R. 3746, supra.
                                                                                                       under the command of the future President
                                                 (3) supports programs and services aimed                                                                       SA 105. Mr. KENNEDY submitted an
                                                                                                       Lieutenant Colonel Roosevelt, led the charge
                                               at providing access to care, building resil-                                                                   amendment intended to be proposed by him
                                                                                                       at Kettle Hill and San Juan Hill, serving
                                               iency, and addressing trauma; and                                                                              to the bill H.R. 3746, supra; which was or-
                                                                                                       alongside the Buffalo Soldiers;
                                                 (4) shows appreciation and gratitude for                                                                     dered to lie on the table.
                                                                                                         Whereas, despite the Rough Riders sus-
                                               family members, friends, educators, mental                                                                       SA 106. Mr. COTTON (for himself and Mr.
                                                                                                       taining considerable losses, the Rough Rid-
                                               and behavioral health service providers, and                                                                   SULLIVAN) proposed an amendment to the
                                                                                                       ers participated in the siege of Santiago de
                                               others in their support for the mental health                                                                  bill H.R. 3746, supra.
                                                                                                       Cuba and were present for the surrender of
                                               and well-being of children.                                                                                      SA 107. Mr. PAUL proposed an amendment
                                                                                                       the enemy forces, which signaled the end of
                                                               f                                       hostilities in Cuba;                                   to the bill H.R. 3746, supra.
                                                                                                         Whereas, during the Cuba campaign, the                 SA 108. Ms. LUMMIS submitted an amend-
                                               SENATE      RESOLUTION      236—HON-                                                                           ment intended to be proposed by her to the
                                                                                                       courage and tenacity of the Rough Riders in
                                                 ORING THE 125TH ANNIVERSARY                                                                                  bill H.R. 3746, supra; which was ordered to lie
                                                                                                       battle resulted in—
                                                 OF THE ROUGH RIDERS IN THE                              (1) 2 officers and 21 enlisted killed in ac-         on the table.
                                                 SPANISH AMERICAN WAR AND                              tion; and                                                SA 109. Mr. CRUZ submitted an amend-
                                                 DESIGNATING JUNE 2, 2023, AS                            (2) 7 officers and 97 enlisted wounded in ac-        ment intended to be proposed by him to the
                                                 ‘‘NATIONAL ROUGH RIDER DAY’’                          tion;                                                  bill H.R. 3746, supra; which was ordered to lie
                                                                                                         Whereas Lieutenant Colonel Roosevelt was             on the table.
                                                 Mr. SCOTT of Florida (for himself                     promoted to Colonel and the Rough Riders                 SA 110. Mr. MARSHALL proposed an
                                               and Mr. RUBIO) submitted the following                  proved their worth and lived up to the pub-            amendment to the bill H.R. 3746, supra.
                                               resolution; which was referred to the                   licity they had already received;                        SA 111. Mr. LEE submitted an amendment
                                               Committee on the Judiciary:                               Whereas Colonel Roosevelt was nominated              intended to be proposed by him to the bill
                                                                 S. RES. 236                           for and later received the Medal of Honor for          H.R. 3746, supra; which was ordered to lie on
                                                                                                       his leadership actions and bravery in leading          the table.
                                                 Whereas the brief history of the 1st United                                                                    SA 112. Mr. BUDD submitted an amend-
                                               States Volunteer Cavalry Regiment (referred             from the front at Kettle Hill and San Juan
                                                                                                       Hill;                                                  ment intended to be proposed by him to the
                                               to in this preamble as the ‘‘Rough Riders’’)                                                                   bill H.R. 3746, supra; which was ordered to lie
                                               fighting to defend and protect the United                 Whereas, in August 1898, the Rough Riders
                                                                                                       departed Cuba for Montauk, New York, and               on the table.
                                               States has made an indelible contribution to                                                                     SA 113. Mr. KENNEDY submitted an
                                               the history of the United States;                       were disbanded on September 15, 1898;
                                                                                                         Whereas from the formation of the Rough              amendment intended to be proposed by him
                                                 Whereas the Rough Riders were 1 of 3 vol-                                                                    to the bill H.R. 3746, supra; which was or-
                                               unteer cavalry regiments created by Con-                Riders to its disbandment, the Rough Riders
                                                                                                       suffered a 37 percent casualty rate during the         dered to lie on the table.
                                               gress on April 25, 1898, with Leonard Wood                                                                       SA 114. Mr. KENNEDY submitted an
                                               named Colonel of the regiment and Theodore              Cuba campaign, the highest of any cavalry
                                                                                                       or infantry regiment in the Armed Forces;              amendment intended to be proposed by him
                                               Roosevelt named Lieutenant Colonel of the                                                                      to the bill H.R. 3746, supra; which was or-
                                               regiment;                                                 Whereas, after their service, numerous
                                                                                                       members of the Rough Riders went on to                 dered to lie on the table.
                                                 Whereas although the volunteer cavalry                                                                         SA 115. Mr. KENNEDY submitted an
                                               regiments were initially to recruit from the            serve the United States in various roles, in-
                                                                                                       cluding—                                               amendment intended to be proposed by him
                                               Texas, Arizona, New Mexico, and Oklahoma                                                                       to the bill H.R. 3746, supra; which was or-
                                                                                                         (1) as President of the United States;
                                               Territories, the notoriety of the leaders of              (2) as Secretary of the Navy;                        dered to lie on the table.
                                               the Rough Riders inspired recruits from all               (3) as various State Governors;                        SA 116. Mr. KENNEDY submitted an
                                               portions of the United States to go to San                (4) as Army Generals and Colonels;                   amendment intended to be proposed by him
                                               Antonio, Texas, to enlist;                                (5) as educators; and                                to the bill H.R. 3746, supra; which was or-
                                                 Whereas the Rough Riders were given nu-                 (6) in many other professions;                       dered to lie on the table.
                                               merous nicknames, with the most prevalent                 Whereas the history and military achieve-              SA 117. Mr. RUBIO submitted an amend-
                                               being ‘‘Roosevelt’s Rough Riders’’;                     ments of the members of the Rough Riders,              ment intended to be proposed by him to the




SSpencer on DSK126QN23PROD with SENATE
                                                 Whereas the Rough Riders trained in Texas             including their post-service contributions to          bill H.R. 3746, supra; which was ordered to lie
                                               and were ordered on May 8, 1898, to board 7             the United States and their fight to defend            on the table.
                                               trains and proceed to Tampa, Florida;                   the United States and liberate an oppressed              SA 118. Ms. LUMMIS submitted an amend-
                                                 Whereas June 2, 2023, marks the 125th anni-           people, warrant special expressions of the             ment intended to be proposed by her to the
                                               versary of the Rough Riders arrival to                  gratitude by the people of the United States;          bill H.R. 3746, supra; which was ordered to lie
                                               Tampa, Florida, to join the 5th Corps of the            and                                                    on the table.
                                               Army and await embarkation for the inva-                  Whereas the decedents and beneficiaries of             SA 119. Mr. RISCH (for himself and Mr.
                                               sion of Cuba;                                           the achievements of the Rough Riders cele-             CRAPO) submitted an amendment intended to




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00047   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.064   S01JNPT1
                                               S1904                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               be proposed by him to the bill H.R. 3746,               SEC. 262. PURPOSE.                                     endar days after the submission or publica-
                                               supra; which was ordered to lie on the table.             The purpose of this title is to increase ac-         tion date. The report of the Comptroller
                                                 SA 120. Mr. GRAHAM (for himself and Mr.               countability for and transparency in the               General shall include an assessment of the
                                               SULLIVAN) submitted an amendment in-                    Federal regulatory process. Section 1 of arti-         agency’s compliance with procedural steps
                                               tended to be proposed by him to the bill H.R.           cle I of the Constitution of the United States         required by paragraph (1)(B) and an assess-
                                               3746, supra; which was ordered to lie on the            grants all legislative powers to Congress.             ment of whether the major rule imposes any
                                               table.                                                  Over time, Congress has excessively dele-              new limits or mandates on private-sector ac-
                                                 SA 121. Mr. GRAHAM submitted an amend-                gated its constitutional charge while failing          tivity.
                                               ment intended to be proposed by him to the              to conduct appropriate oversight and retain              ‘‘(B) Federal agencies shall cooperate with
                                               bill H.R. 3746, supra; which was ordered to lie         accountability for the content of the laws it          the Comptroller General by providing infor-
                                               on the table.                                           passes. By requiring a vote in Congress, this          mation relevant to the Comptroller Gen-
                                                 SA 122. Mr. GRAHAM (for himself and Mr.               title will result in more carefully drafted            eral’s report under subparagraph (A).
                                               SULLIVAN) submitted an amendment in-                    and detailed legislation, an improved regu-              ‘‘(3) A major rule relating to a report sub-
                                               tended to be proposed by him to the bill H.R.           latory process, and a legislative branch that          mitted under paragraph (1) shall take effect
                                               3746, supra; which was ordered to lie on the            is truly accountable to the American people            upon enactment of a joint resolution of ap-
                                               table.                                                  for the laws imposed upon them.                        proval described in section 802 or as provided
                                                 SA 123. Mr. GRAHAM submitted an amend-                SEC. 263. CONGRESSIONAL REVIEW OF AGENCY               for in the rule following enactment of a joint
                                               ment intended to be proposed by him to the                          RULEMAKING.                                resolution of approval described in section
                                               bill H.R. 3746, supra; which was ordered to lie             Chapter 8 of title 5, United States Code, is       802, whichever is later.
                                               on the table.                                           amended to read as follows:                              ‘‘(4) A nonmajor rule shall take effect as
                                                 SA 124. Mr. GRAHAM (for himself and Ms.                                                                      provided by section 803 after submission to
                                                                                                          ‘‘CHAPTER 8—CONGRESSIONAL REVIEW                    Congress under paragraph (1).
                                               COLLINS) submitted an amendment intended                             OF AGENCY RULEMAKING                        ‘‘(5) If a joint resolution of approval relat-
                                               to be proposed by him to the bill H.R. 3746,
                                                                                                       ‘‘Sec.                                                 ing to a major rule is not enacted within the
                                               supra; which was ordered to lie on the table.           ‘‘801. Congressional review.                           period provided in subsection (b)(2), then a
                                                 SA 125. Mr. SULLIVAN proposed an                      ‘‘802. Congressional approval procedure for            joint resolution of approval relating to the
                                               amendment to the bill H.R. 3746, supra.                                   major rules.                         same rule may not be considered under this
                                                 SA 126. Mr. LANKFORD submitted an                     ‘‘803. Congressional disapproval procedure for         chapter in the same Congress by either the
                                               amendment intended to be proposed by him                                  nonmajor rules.                      House of Representatives or the Senate.
                                               to the bill H.R. 3746, supra; which was or-             ‘‘804. Definitions.                                      ‘‘(b)(1) A major rule shall not take effect
                                               dered to lie on the table.                              ‘‘805. Judicial review.                                unless the Congress enacts a joint resolution
                                                 SA 127. Mr. BUDD submitted an amend-                  ‘‘806. Exemption for monetary policy.                  of approval described under section 802.
                                               ment intended to be proposed by him to the              ‘‘807. Effective date of certain rules.                  ‘‘(2) If a joint resolution described in sub-
                                               bill H.R. 3746, supra; which was ordered to lie         ‘‘§ 801. Congressional review                          section (a) is not enacted into law by the end
                                               on the table.                                                                                                  of 70 session days or legislative days, as ap-
                                                 SA 128. Mr. BUDD submitted an amend-                      ‘‘(a)(1)(A) Before a rule may take effect,
                                                                                                       the Federal agency promulgating such rule              plicable, beginning on the date on which the
                                               ment intended to be proposed by him to the                                                                     report referred to in subsection (a)(1)(A) is
                                               bill H.R. 3746, supra; which was ordered to lie         shall publish in the Federal Register a list of
                                                                                                       information on which the rule is based, in-            received by Congress (excluding days either
                                               on the table.                                                                                                  House of Congress is adjourned for more than
                                                 SA 129. Mr. BUDD submitted an amend-                  cluding data, scientific and economic stud-
                                                                                                       ies, and cost-benefit analyses, and identify           3 days during a session of Congress), then the
                                               ment intended to be proposed by him to the                                                                     rule described in that resolution shall be
                                               bill H.R. 3746, supra; which was ordered to lie         how the public can access such information
                                                                                                       online, and shall submit to each House of the          deemed not to be approved and such rule
                                               on the table.                                                                                                  shall not take effect.
                                                 SA 130. Mr. BUDD submitted an amend-                  Congress and to the Comptroller General a
                                                                                                                                                                ‘‘(c)(1) Notwithstanding any other provi-
                                               ment intended to be proposed by him to the              report containing—
                                                                                                                                                              sion of this section (except subject to para-
                                               bill H.R. 3746, supra; which was ordered to lie             ‘‘(i) a copy of the rule;
                                                                                                                                                              graph (3)), a major rule may take effect for
                                               on the table.                                               ‘‘(ii) a concise general statement relating        one 90-calendar-day period if the President
                                                 SA 131. Mr. CRUZ submitted an amend-                  to the rule;                                           makes a determination under paragraph (2)
                                               ment intended to be proposed by him to the                  ‘‘(iii) a classification of the rule as a major    and submits written notice of such deter-
                                               bill H.R. 3746, supra; which was ordered to lie         or nonmajor rule, including an explanation             mination to the Congress.
                                               on the table.                                           of the classification specifically addressing            ‘‘(2) Paragraph (1) applies to a determina-
                                                 SA 132. Mr. MERKLEY (for himself, Mr.                 each criteria for a major rule contained               tion made by the President by Executive
                                               WELCH, Mr. MARKEY, Mr. MENENDEZ, and Mr.                within subparagraphs (A) through (C) of sec-           order that the major rule should take effect
                                               SANDERS) submitted an amendment intended                tion 804(2);                                           because such rule is—
                                               to be proposed by him to the bill H.R. 3746,                ‘‘(iv) a list of any other related regulatory        ‘‘(A) necessary because of an imminent
                                               supra; which was ordered to lie on the table.           actions intended to implement the same                 threat to health or safety or other emer-
                                                 SA 133. Mr. MERKLEY (for himself and Mr.              statutory provision or regulatory objective            gency;
                                               KAINE) submitted an amendment intended to               as well as the individual and aggregate eco-             ‘‘(B) necessary for the enforcement of
                                               be proposed by him to the bill H.R. 3746,               nomic effects of those actions; and                    criminal laws;
                                               supra; which was ordered to lie on the table.               ‘‘(v) the proposed effective date of the rule.       ‘‘(C) necessary for national security; or
                                                 SA 134. Mr. BUDD proposed an amendment                    ‘‘(B) On the date of the submission of the           ‘‘(D) issued pursuant to any statute imple-
                                               to the bill H.R. 3746, supra.                           report under subparagraph (A), the Federal             menting an international trade agreement.
                                                                                                       agency promulgating the rule shall submit                ‘‘(3) An exercise by the President of the au-
                                                                f                                      to the Comptroller General and make avail-             thority under this subsection shall have no
                                                      TEXT OF AMENDMENTS                               able to each House of Congress—                        effect on the procedures under section 802.
                                                                                                           ‘‘(i) a complete copy of the cost-benefit            ‘‘(d)(1) In addition to the opportunity for
                                                 SA 98. Mr. LEE (for himself and Mr.                   analysis of the rule, if any, including an             review otherwise provided under this chap-
                                               KENNEDY) proposed an amendment to                       analysis of any jobs added or lost, differen-          ter, in the case of any rule for which a report
                                               the bill H.R. 3746, to provide for a re-                tiating between public and private sector              was submitted in accordance with subsection
                                               sponsible increase to the debt ceiling;                 jobs;                                                  (a)(1)(A) during the period beginning on the
                                               as follows:                                                 ‘‘(ii) the agency’s actions pursuant to sec-       date occurring—
                                                 Strike section 265 of title III of division B.        tions 603, 604, 605, 607, and 609 of this title;         ‘‘(A) in the case of the Senate, 60 session
                                                                     ---                                   ‘‘(iii) the agency’s actions pursuant to sec-      days; or
                                                                                                       tions 202, 203, 204, and 205 of the Unfunded             ‘‘(B) in the case of the House of Represent-
                                                 SA 99. Mr. LEE submitted an amend-
                                                                                                       Mandates Reform Act of 1995; and                       atives, 60 legislative days,
                                               ment intended to be proposed by him                         ‘‘(iv) any other relevant information or re-       before the date the Congress is scheduled to
                                               to the bill H.R. 3746, to provide for a re-             quirements under any other Act and any rel-            adjourn a session of Congress through the
                                               sponsible increase to the debt ceiling;                 evant Executive orders.                                date on which the same or succeeding Con-
                                               which was ordered to lie on the table;                      ‘‘(C) Upon receipt of a report submitted           gress first convenes its next session, sections
                                               as follows:                                             under subparagraph (A), each House shall               802 and 803 shall apply to such rule in the
                                                                                                       provide copies of the report to the chairman




SSpencer on DSK126QN23PROD with SENATE
                                                 Strike title III of division B and insert the                                                                succeeding session of Congress.
                                               following:                                              and ranking member of each standing com-                 ‘‘(2)(A) In applying sections 802 and 803 for
                                                                                                       mittee with jurisdiction under the rules of            purposes of such additional review, a rule de-
                                                   TITLE III—REGULATIONS FROM THE                      the House of Representatives or the Senate             scribed under paragraph (1) shall be treated
                                                    EXECUTIVE IN NEED OF SCRUTINY                      to report a bill to amend the provision of law         as though—
                                               SEC. 261. SHORT TITLE.                                  under which the rule is issued.                          ‘‘(i) such rule were published in the Federal
                                                 This title may be cited as the ‘‘Regulations              ‘‘(2)(A) The Comptroller General shall pro-        Register on—
                                               from the Executive in Need of Scrutiny Act              vide a report on each major rule to the com-             ‘‘(I) in the case of the Senate, the 15th ses-
                                               of 2023’’.                                              mittees of jurisdiction by the end of 15 cal-          sion day; or




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00048   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.071   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1905
                                                  ‘‘(II) in the case of the House of Represent-        joint resolution shall remain the unfinished              ‘‘(2) with full recognition of the constitu-
                                               atives, the 15th legislative day,                       business of the Senate until disposed of.              tional right of either House to change the
                                               after the succeeding session of Congress first            ‘‘(2) In the Senate, debate on the joint res-        rules (so far as they relate to the procedure
                                               convenes; and                                           olution, and on all debatable motions and ap-          of that House) at any time, in the same man-
                                                  ‘‘(ii) a report on such rule were submitted          peals in connection therewith, shall be lim-           ner and to the same extent as in the case of
                                               to Congress under subsection (a)(1) on such             ited to not more than 2 hours, which shall be          any other rule of that House.
                                               date.                                                   divided equally between those favoring and
                                                                                                                                                              ‘‘§ 803. Congressional disapproval procedure
                                                  ‘‘(B) Nothing in this paragraph shall be             those opposing the joint resolution. A mo-
                                                                                                                                                                 for nonmajor rules
                                               construed to affect the requirement under               tion to further limit debate is in order and
                                                                                                       not debatable. An amendment to, or a mo-                  ‘‘(a) For purposes of this section, the term
                                               subsection (a)(1) that a report shall be sub-
                                                                                                       tion to postpone, or a motion to proceed to            ‘joint resolution’ means only a joint resolu-
                                               mitted to Congress before a rule can take ef-
                                                                                                       the consideration of other business, or a mo-          tion introduced in the period beginning on
                                               fect.
                                                                                                       tion to recommit the joint resolution is not           the date on which the report referred to in
                                                  ‘‘(3) A rule described under paragraph (1)
                                                                                                       in order.                                              section 801(a)(1)(A) is received by Congress
                                               shall take effect as otherwise provided by
                                                                                                         ‘‘(3) In the Senate, immediately following           and ending 60 days thereafter (excluding
                                               law (including other subsections of this sec-
                                                                                                       the conclusion of the debate on a joint reso-          days either House of Congress is adjourned
                                               tion).
                                                                                                       lution described in subsection (a), and a sin-         for more than 3 days during a session of Con-
                                               ‘‘§ 802. Congressional approval procedure for           gle quorum call at the conclusion of the de-           gress), the matter after the resolving clause
                                                  major rules                                          bate if requested in accordance with the               of which is as follows: ‘That Congress dis-
                                                  ‘‘(a)(1) For purposes of this section, the           rules of the Senate, the vote on final passage         approves the nonmajor rule submitted by the
                                               term ‘joint resolution’ means only a joint              of the joint resolution shall occur.                   lll relating to lll, and such rule shall
                                               resolution addressing a report classifying a              ‘‘(4) Appeals from the decisions of the              have no force or effect.’ (The blank spaces
                                               rule      as   major     pursuant    to   section       Chair relating to the application of the rules         being appropriately filled in).
                                               801(a)(1)(A)(iii) that—                                 of the Senate to the procedure relating to a              ‘‘(b) A joint resolution described in sub-
                                                  ‘‘(A) bears no preamble;                             joint resolution described in subsection (a)           section (a) shall be referred to the commit-
                                                  ‘‘(B) bears the following title (with blanks         shall be decided without debate.                       tees in each House of Congress with jurisdic-
                                               filled as appropriate): ‘Approving the rule               ‘‘(e) In the House of Representatives, if any        tion.
                                               submitted by lll relating to lll.’;                     committee to which a joint resolution de-                 ‘‘(c) In the Senate, if the committee to
                                                  ‘‘(C) includes after its resolving clause only       scribed in subsection (a) has been referred            which is referred a joint resolution described
                                               the following (with blanks filled as appro-             has not reported it to the House at the end            in subsection (a) has not reported such joint
                                               priate): ‘That Congress approves the rule               of 15 legislative days after its introduction,         resolution (or an identical joint resolution)
                                               submitted by lll relating to lll.’; and                 such committee shall be discharged from fur-           at the end of 15 session days after the date of
                                                  ‘‘(D) is introduced pursuant to paragraph            ther consideration of the joint resolution,            introduction of the joint resolution, such
                                               (2).                                                    and it shall be placed on the appropriate cal-         committee may be discharged from further
                                                  ‘‘(2) After a House of Congress receives a           endar. On the second and fourth Thursdays              consideration of such joint resolution upon a
                                               report classifying a rule as major pursuant             of each month it shall be in order at any              petition supported in writing by 30 Members
                                               to section 801(a)(1)(A)(iii), the majority lead-        time for the Speaker to recognize a Member             of the Senate, and such joint resolution shall
                                               er of that House (or his or her respective des-         who favors passage of a joint resolution that          be placed on the calendar.
                                               ignee) shall introduce (by request, if appro-           has appeared on the calendar for at least 5               ‘‘(d)(1) In the Senate, when the committee
                                               priate) a joint resolution described in para-           legislative days to call up that joint resolu-         to which a joint resolution is referred has re-
                                               graph (1)—                                              tion for immediate consideration in the                ported, or when a committee is discharged
                                                  ‘‘(A) in the case of the House of Represent-         House without intervention of any point of             (under subsection (c)) from further consider-
                                               atives, within 3 legislative days; and                  order. When so called up a joint resolution            ation of a joint resolution described in sub-
                                                  ‘‘(B) in the case of the Senate, within 3 ses-       shall be considered as read and shall be de-           section (a), it is at any time thereafter in
                                               sion days.                                              batable for 1 hour equally divided and con-
                                                                                                                                                              order (even though a previous motion to the
                                                  ‘‘(3) A joint resolution described in para-          trolled by the proponent and an opponent,
                                                                                                                                                              same effect has been disagreed to) for a mo-
                                               graph (1) shall not be subject to amendment             and the previous question shall be considered
                                                                                                                                                              tion to proceed to the consideration of the
                                                                                                       as ordered to its passage without intervening
                                               at any stage of proceeding.                                                                                    joint resolution, and all points of order
                                                  ‘‘(b) A joint resolution described in sub-           motion. It shall not be in order to reconsider
                                                                                                                                                              against the joint resolution (and against
                                                                                                       the vote on passage. If a vote on final pas-
                                               section (a) shall be referred in each House of                                                                 consideration of the joint resolution) are
                                                                                                       sage of the joint resolution has not been
                                               Congress to the committees having jurisdic-                                                                    waived. The motion is not subject to amend-
                                                                                                       taken by the third Thursday on which the
                                               tion over the provision of law under which                                                                     ment, or to a motion to postpone, or to a
                                                                                                       Speaker may recognize a Member under this
                                               the rule is issued.                                                                                            motion to proceed to the consideration of
                                                                                                       subsection, such vote shall be taken on that
                                                  ‘‘(c) In the Senate, if the committee or                                                                    other business. A motion to reconsider the
                                                                                                       day.
                                               committees to which a joint resolution de-                ‘‘(f)(1) If, before passing a joint resolution       vote by which the motion is agreed to or dis-
                                               scribed in subsection (a) has been referred             described in subsection (a), one House re-             agreed to shall not be in order. If a motion
                                               have not reported it at the end of 15 session           ceives from the other a joint resolution hav-          to proceed to the consideration of the joint
                                               days after its introduction, such committee             ing the same text, then—                               resolution is agreed to, the joint resolution
                                               or committees shall be automatically dis-                 ‘‘(A) the joint resolution of the other              shall remain the unfinished business of the
                                               charged from further consideration of the               House shall not be referred to a committee;            Senate until disposed of.
                                               resolution and it shall be placed on the cal-           and                                                       ‘‘(2) In the Senate, debate on the joint res-
                                               endar. A vote on final passage of the resolu-             ‘‘(B) the procedure in the receiving House           olution, and on all debatable motions and ap-
                                               tion shall be taken on or before the close of           shall be the same as if no joint resolution            peals in connection therewith, shall be lim-
                                               the 15th session day after the resolution is            had been received from the other House until           ited to not more than 10 hours, which shall
                                               reported by the committee or committees to              the vote on passage, when the joint resolu-            be divided equally between those favoring
                                               which it was referred, or after such com-               tion received from the other House shall sup-          and those opposing the joint resolution. A
                                               mittee or committees have been discharged               plant the joint resolution of the receiving            motion to further limit debate is in order
                                               from further consideration of the resolution.           House.                                                 and not debatable. An amendment to, or a
                                                  ‘‘(d)(1) In the Senate, when the committee             ‘‘(2) This subsection shall not apply to the         motion to postpone, or a motion to proceed
                                               or committees to which a joint resolution is            House of Representatives if the joint resolu-          to the consideration of other business, or a
                                               referred have reported, or when a committee             tion received from the Senate is a revenue             motion to recommit the joint resolution is
                                               or committees are discharged (under sub-                measure.                                               not in order.
                                               section (c)) from further consideration of a              ‘‘(g) If either House has not taken a vote              ‘‘(3) In the Senate, immediately following
                                               joint resolution described in subsection (a),           on final passage of the joint resolution by            the conclusion of the debate on a joint reso-
                                               it is at any time thereafter in order (even             the last day of the period described in sec-           lution described in subsection (a), and a sin-
                                               though a previous motion to the same effect             tion 801(b)(2), then such vote shall be taken          gle quorum call at the conclusion of the de-
                                               has been disagreed to) for a motion to pro-             on that day.                                           bate if requested in accordance with the
                                               ceed to the consideration of the joint resolu-            ‘‘(h) This section and section 803 are en-           rules of the Senate, the vote on final passage
                                               tion, and all points of order against the joint         acted by Congress—                                     of the joint resolution shall occur.
                                               resolution (and against consideration of the              ‘‘(1) as an exercise of the rulemaking power            ‘‘(4) Appeals from the decisions of the




SSpencer on DSK126QN23PROD with SENATE
                                               joint resolution) are waived. The motion is             of the Senate and House of Representatives,            Chair relating to the application of the rules
                                               not subject to amendment, or to a motion to             respectively, and as such are deemed to be             of the Senate to the procedure relating to a
                                               postpone, or to a motion to proceed to the              part of the rules of each House, respectively,         joint resolution described in subsection (a)
                                               consideration of other business. A motion to            but applicable only with respect to the pro-           shall be decided without debate.
                                               reconsider the vote by which the motion is              cedure to be followed in that House in the                ‘‘(e) In the Senate, the procedure specified
                                               agreed to or disagreed to shall not be in               case of a joint resolution described in sub-           in subsection (c) or (d) shall not apply to the
                                               order. If a motion to proceed to the consider-          section (a) and superseding other rules only           consideration of a joint resolution respecting
                                               ation of the joint resolution is agreed to, the         where explicitly so; and                               a nonmajor rule—




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00049   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.066   S01JNPT1
                                               S1906                                             CONGRESSIONAL RECORD — SENATE                                                               June 1, 2023
                                                  ‘‘(1) after the expiration of the 60 session         agency has completed the necessary require-             the period beginning on the date of the en-
                                               days beginning with the applicable submis-              ments under this chapter for a rule to take             actment of this Act and ending on the appli-
                                               sion or publication date; or                            effect.                                                 cable date.
                                                  ‘‘(2) if the report under section 801(a)(1)(A)          ‘‘(c) The enactment of a joint resolution of           (b) DOLLAR LIMITATION ON SUSPENSION.—
                                               was submitted during the period referred to             approval under section 802 shall not be inter-          Subsection (a) shall not apply to the extent
                                               in section 801(d)(1), after the expiration of           preted to serve as a grant or modification of           that the application of such subsection
                                               the 60 session days beginning on the 15th ses-          statutory authority by Congress for the pro-            would result in the face amount of obliga-
                                               sion day after the succeeding session of Con-           mulgation of a rule, shall not extinguish or            tions subject to limitation under section
                                               gress first convenes.                                   affect any claim, whether substantive or pro-           3101(b) of title 31, United States Code, ex-
                                                  ‘‘(f) If, before the passage by one House of         cedural, against any alleged defect in a rule,          ceeding the sum of—
                                               a joint resolution of that House described in           and shall not form part of the record before              (1) the dollar limitation in effect under
                                               subsection (a), that House receives from the            the court in any judicial proceeding con-               such section on the date of enactment of this
                                               other House a joint resolution described in             cerning a rule except for purposes of deter-            Act; and
                                               subsection (a), then the following procedures           mining whether or not the rule is in effect.              (2) $1,500,000,000,000.
                                               shall apply:                                            ‘‘§ 806. Exemption for monetary policy                    (c) APPLICABLE DATE.—For purposes of this
                                                  ‘‘(1) The joint resolution of the other                                                                      section, the term ‘‘applicable date’’ means
                                               House shall not be referred to a committee.                ‘‘Nothing in this chapter shall apply to             the earlier of—
                                                  ‘‘(2) With respect to a joint resolution de-         rules that concern monetary policy proposed               (1) March 31, 2024; or
                                               scribed in subsection (a) of the House receiv-          or implemented by the Board of Governors of               (2) the first date on which subsection (a)
                                               ing the joint resolution—                               the Federal Reserve System or the Federal               does not apply by reason of subsection (b).
                                                  ‘‘(A) the procedure in that House shall be           Open Market Committee.                                    (d) SPECIAL RULE RELATING TO OBLIGATIONS
                                               the same as if no joint resolution had been             ‘‘§ 807. Effective date of certain rules                ISSUED DURING SUSPENSION PERIOD.—Effec-
                                               received from the other House; but                         ‘‘Notwithstanding section 801—                       tive on the day after the applicable date, the
                                                  ‘‘(B) the vote on final passage shall be on             ‘‘(1) any rule that establishes, modifies,           limitation in effect under section 3101(b) of
                                               the joint resolution of the other House.                opens, closes, or conducts a regulatory pro-            title 31, United States Code, is increased to
                                               ‘‘§ 804. Definitions                                    gram for a commercial, recreational, or sub-            the extent that—
                                                  ‘‘For purposes of this chapter:                      sistence activity related to hunting, fishing,            (1) the face amount of obligations issued
                                                  ‘‘(1) The term ‘Federal agency’ means any            or camping; or                                          under chapter 31 of such title and the face
                                               agency as that term is defined in section                  ‘‘(2) any rule other than a major rule which         amount of obligations whose principal and
                                               551(1).                                                 an agency for good cause finds (and incor-              interest are guaranteed by the United States
                                                  ‘‘(2) The term ‘major rule’ means any rule,          porates the finding and a brief statement of            Government (except guaranteed obligations
                                               including an interim final rule, that the Ad-           reasons therefore in the rule issued) that no-          held by the Secretary of the Treasury) out-
                                               ministrator of the Office of Information and            tice and public procedure thereon are im-               standing on the day after the applicable
                                               Regulatory Affairs of the Office of Manage-             practicable, unnecessary, or contrary to the            date; exceeds
                                               ment and Budget finds has resulted in or is             public interest,                                          (2) the face amount of such obligations
                                               likely to result in—                                    shall take effect at such time as the Federal           outstanding on the date of enactment of this
                                                  ‘‘(A) an annual effect on the economy of             agency promulgating the rule determines.’’.             Act.
                                                                                                       SEC. 264. BUDGETARY EFFECTS OF RULES SUB-                 (e) EXTENSION LIMITED TO NECESSARY OBLI-
                                               $100 million or more;
                                                                                                                   JECT TO SECTION 802 OF TITLE 5,             GATIONS.—An obligation shall not be taken
                                                  ‘‘(B) a major increase in costs or prices for
                                                                                                                   UNITED STATES CODE.                         into account under subsection (d)(1) unless
                                               consumers, individual industries, Federal,
                                                                                                         Section 257(b)(2) of the Balanced Budget              the issuance of such obligation was nec-
                                               State, or local government agencies, or geo-
                                                                                                       and Emergency Deficit Control Act of 1985 (2            essary to fund a commitment incurred by
                                               graphic regions; or
                                                                                                       U.S.C. 907(b)(2)) is amended by adding at the           the Federal Government that required pay-
                                                  ‘‘(C) significant adverse effects on competi-
                                                                                                       end the following new subparagraph:                     ment on or before the applicable date.
                                               tion, employment, investment, productivity,
                                               innovation, or the ability of United States-              ‘‘(E) BUDGETARY EFFECTS OF RULES SUBJECT
                                                                                                       TO SECTION 802 OF TITLE 5, UNITED STATES                  SA 101. Mr. KAINE proposed an
                                               based enterprises to compete with foreign-
                                               based enterprises in domestic and export                CODE.—Any rule subject to the congressional             amendment to the bill H.R. 3746, to
                                               markets.                                                approval procedure set forth in section 802 of          provide for a responsible increase to
                                                  ‘‘(3) The term ‘nonmajor rule’ means any             title 5, United States Code, affecting budget           the debt ceiling; as follows:
                                               rule that is not a major rule.                          authority, outlays, or receipts shall be as-              Strike section 324.
                                                  ‘‘(4) The term ‘rule’ has the meaning given          sumed to be effective unless it is not ap-
                                               such term in section 551, except that such              proved in accordance with such section.’’.                SA 102. Mr. KENNEDY proposed an
                                               term does not include—                                  SEC. 265. GOVERNMENT ACCOUNTABILITY OF-                 amendment to the bill H.R. 3746, to
                                                  ‘‘(A) any rule of particular applicability,                     FICE STUDY OF RULES.
                                                                                                                                                               provide for a responsible increase to
                                               including a rule that approves or prescribes              (a) IN GENERAL.—The Comptroller General               the debt ceiling; as follows:
                                               for the future rates, wages, prices, services,          of the United States shall conduct a study to
                                                                                                                                                                 In division C, after section 311, insert the
                                               or allowances therefore, corporate or finan-            determine, as of the date of the enactment of
                                                                                                                                                               following:
                                               cial structures, reorganizations, mergers, or           this Act—
                                                                                                                                                               SEC. 312. WAIVERS.
                                               acquisitions thereof, or accounting practices             (1) how many rules (as such term is defined
                                                                                                       in section 804 of title 5, United States Code)            Section 6(o)(4)(A)(i) of the Food and Nutri-
                                               or disclosures bearing on any of the fore-
                                                                                                       were in effect;                                         tion Act of 2008 (7 U.S.C. 2015(o)(4)(A)(i)) is
                                               going;
                                                                                                         (2) how many major rules (as such term is             amended by inserting ‘‘, as determined by
                                                  ‘‘(B) any rule relating to agency manage-
                                                                                                       defined in section 804 of title 5, United States        the most up-to-date employment data’’ be-
                                               ment or personnel; or
                                                                                                       Code) were in effect; and                               fore ‘‘; or’’.
                                                  ‘‘(C) any rule of agency organization, pro-
                                               cedure, or practice that does not substan-                (3) the total estimated economic cost im-
                                                                                                       posed by all such rules.
                                                                                                                                                                 SA 103. Mr. KENNEDY submitted an
                                               tially affect the rights or obligations of non-
                                               agency parties.                                           (b) REPORT.—Not later than 1 year after               amendment intended to be proposed by
                                                  ‘‘(5) The term ‘submission or publication            the date of the enactment of this Act, the              him to the bill H.R. 3746, to provide for
                                               date’, except as otherwise provided in this             Comptroller General of the United States                a responsible increase to the debt ceil-
                                               chapter, means—                                         shall submit a report to Congress that con-             ing; which was ordered to lie on the
                                                  ‘‘(A) in the case of a major rule, the date          tains the findings of the study conducted               table; as follows:
                                               on which the Congress receives the report               under subsection (a).                                     Strike section 303 of division C and insert
                                               submitted under section 801(a)(1); and                                                                          the following:
                                                  ‘‘(B) in the case of a nonmajor rule, the              SA 100. Mr. LEE submitted an                          SEC.    303.   ELIMINATION   OF   SMALL   CHECKS
                                               later of—                                               amendment intended to be proposed by                                   SCHEME.
                                                  ‘‘(i) the date on which the Congress re-             him to the bill H.R. 3746, to provide for                 Section 407(b) of the Social Security Act
                                               ceives the report submitted under section               a responsible increase to the debt ceil-                (42 U.S.C. 607(b)) is amended by adding at the
                                               801(a)(1); and                                          ing; which was ordered to lie on the                    end the following:
                                                  ‘‘(ii) the date on which the nonmajor rule                                                                     ‘‘(6) SPECIAL RULE REGARDING CALCULATION




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       table; as follows:
                                               is published in the Federal Register, if so                                                                     OF THE MINIMUM PARTICIPATION RATE.—The
                                               published.                                                   Strike division D and insert the following:
                                                                                                                                                               Secretary shall determine participation
                                               ‘‘§ 805. Judicial review                                      DIVISION D—INCREASE IN THE DEBT                   rates under this section without regard to
                                                  ‘‘(a) No determination, finding, action, or                                LIMIT                             any individual engaged in work in a family
                                               omission under this chapter shall be subject            SEC. 401. TEMPORARY EXTENSION OF PUBLIC                 that receives no assistance under this part
                                               to judicial review.                                                DEBT LIMIT.                                  and less than $75 in assistance funded with
                                                  ‘‘(b) Notwithstanding subsection (a), a                (a) SUSPENSION.—Section 3101(b) of title 31,          qualified State expenditures (as defined in
                                               court may determine whether a Federal                   United States Code, shall not apply during              section 409(a)(7)(B)(i)).’’.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000    Frm 00050   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.066   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                      S1907
                                                 SA 104. Mr. KENNEDY proposed an                       egory for the applicable fiscal year shall be          report specifying whether outlays for the
                                               amendment to the bill H.R. 3746, to                     such limits as in effect on December 31 of the         preceding fiscal year exceeded the outlay
                                               provide for a responsible increase to                   applicable fiscal year.                                limit for that fiscal year.
                                                                                                         ‘‘(e) REVISED DISCRETIONARY SPENDING LIM-              ‘‘(2) SEQUESTRATION.—If a report under
                                               the debt ceiling; as follows:                           ITS FOR FISCAL YEAR 2025.—                             paragraph (1) shows that outlays for a fiscal
                                                 In division C, in section 311, strike sub-              ‘‘(1) IN GENERAL.—Subject to paragraph (3),          year exceeded the outlay limits for that fis-
                                               section (b) and insert the following:                   if on or after January 1, 2025, there is in ef-        cal year, the President shall issue a seques-
                                                 (b) APPLICATION.—A State agency shall                 fect an Act making continuing appropria-               tration order reducing direct spending and
                                               apply section 6(o)(3) of the Food and Nutri-            tions for part of fiscal year 2025 for any dis-        discretionary appropriations for the fiscal
                                               tion Act of 2008 (7 U.S.C. 2015(6)(o)(3)), as           cretionary budget account, the discretionary           year after the fiscal year for which outlays
                                               amended by subsection (a), to any applica-              spending limits specified in subsection (c)(10)        exceeded the limit by the uniform percent-
                                               tion for initial certification or recertifi-            for fiscal year 2025 shall be adjusted in the          age necessary to reduce outlays during that
                                               cation received starting 90 days after the              final sequestration report, in accordance              fiscal year by the amount of the excess out-
                                               date of enactment of this Act.                          with paragraph (2), as follows:                        lays.
                                                                                                         ‘‘(A) for the revised security category, the           ‘‘(3) PROCEDURES.—In implementing the se-
                                                 SA 105. Mr. KENNEDY submitted an                      amount specified in subsection (c)(10)(A), re-         questration under paragraph (2), OMB shall
                                               amendment intended to be proposed by                    duced by one percent.                                  follow the procedures specified in section 6 of
                                               him to the bill H.R. 3746, to provide for                 ‘‘(B) For the revised nonsecurity category,          the Statutory Pay-As-You-Go Act of 2010 (2
                                               a responsible increase to the debt ceil-                the amount specified in subsection (c)(10)(B),         U.S.C. 935) and the special rules specified in
                                               ing; which was ordered to lie on the                    reduced by one percent.                                section 256 of this Act.
                                               table; as follows:                                        ‘‘(2)    FINAL     REPORT;    SEQUESTRATION            ‘‘(d) CONSIDERATION IN HOUSE AND SEN-
                                                                                                       ORDER.—If the conditions specified in para-            ATE.—
                                                 Strike section 267, and insert the fol-
                                                                                                       graph (1) are met during fiscal year 2025, the           ‘‘It shall not be in order in the House of
                                               lowing:
                                                                                                       final sequestration report for such fiscal             Representatives or the Senate to consider
                                               SEC. 267. JUDICIAL REVIEW.
                                                                                                       year pursuant to section 254(f)(1) and any             any bill, joint resolution, amendment, or
                                                 (a) IN GENERAL.—Subject to subsection (b),            order pursuant to section 254(f)(5) shall be           conference report that would cause the most
                                               no determination, finding, action, or omis-             issued on the earlier of—                              recently reported current outlay limits set
                                               sion under this title shall be subject to judi-           ‘‘(A) 10 days, not including weekends and            forth in subsection (a) to be exceeded.’’.
                                               cial review.                                            holidays, for the Congressional Budget Of-               (b) TABLE OF CONTENTS.—The table of con-
                                                 (b) EXCEPTION.—Any waiver determination               fice, and 15 days, not including weekends and          tents in section 250(a) of the Balanced Budg-
                                               under section 265(a) shall be subject to judi-          holidays, for the Office of Management and             et and Emergency Deficit Control Act of 1985
                                               cial review.                                            Budget, after the enactment into law of an-            (2 U.S.C. 900(a)) is amended by adding at the
                                                                                                       nual full-year appropriations for all budget           end the following:
                                                 SA 106. Mr. COTTON (for himself and                   accounts that normally receive such annual             ‘‘Sec. 258D. Enforcing outlay limits.’’.
                                               Mr. SULLIVAN) proposed an amendment                     appropriations (or the enactment of the ap-            SEC. 3. LIMIT ON TOTAL SPENDING.
                                               to the bill H.R. 3746, to provide for a re-             plicable full-year appropriations Acts with-             Section 250(c) of the Balanced Budget and
                                               sponsible increase to the debt ceiling;                 out any provision for such accounts); or               Emergency Deficit Control Act of 1985 (2
                                               as follows:                                               ‘‘(B) April 30, 2025.                                U.S.C. 900(c)) is amended—
                                                 Strike section 102 and insert the following:            ‘‘(3) REVERSAL.—If, after January 1, 2025,             (1) by striking paragraph (4); and
                                               SEC. 102. SPECIAL ADJUSTMENTS FOR FISCAL                there are enacted into law each of the full              (2) by redesignating paragraphs (5) through
                                                          YEARS 2024 AND 2025.                         year discretionary appropriation Acts, then            (21) as paragraphs (4) through (20), respec-
                                                 Section 251 of the Balanced Budget and                the adjustment to the applicable discre-               tively.
                                               Emergency Deficit Control Act of 1985 is                tionary spending limits in paragraph (1)               SEC. 4. PUBLIC DEBT LIMIT.
                                               amended by adding at the end the following:             shall have no force or effect, and the discre-            Section 3101(b) of title 31, United States
                                                 ‘‘(d) REVISED DISCRETIONARY SPENDING LIM-             tionary spending limits for the revised secu-          Code,       is      amended     by    striking
                                               ITS FOR FISCAL YEAR 2024.—                              rity category and revised nonsecurity cat-             ‘‘$14,294,000,000,000’’     and      inserting
                                                 ‘‘(1) IN GENERAL.—Subject to paragraph (3),           egory for the applicable fiscal year shall be          ‘‘$14,794,000,000,000’’.
                                               if on or after January 1, 2024, there is in ef-         such limits as in effect on December 31 of the
                                               fect an Act making continuing appropria-                applicable fiscal year.’’.                               SA 108. Ms. LUMMIS submitted an
                                               tions for part of fiscal year 2024 for any dis-                                                                amendment intended to be proposed by
                                               cretionary budget account, the discretionary              SA 107. Mr. PAUL proposed an                         her to the bill H.R. 3746, to provide for
                                               spending limits specified in subsection (c)(9)          amendment to the bill H.R. 3746, to                    a responsible increase to the debt ceil-
                                               for fiscal year 2024 shall be adjusted in the           provide for a responsible increase to                  ing; which was ordered to lie on the
                                               final sequestration report, in accordance               the debt ceiling; as follows:
                                               with paragraph (2), as follows:                                                                                table; as follows:
                                                                                                         Strike all after the enacting clause and in-           Strike division D and insert the following:
                                                 ‘‘(A) For the revised security category, the          sert the following:
                                               amount specified in subsection (c)(9)(A), re-                                                                    DIVISION D—INCREASE IN DEBT LIMIT
                                                                                                       SECTION 1. SHORT TITLE.
                                               duced by one percent.                                                                                          SEC. 401. LIMITED SUSPENSION OF DEBT CEIL-
                                                 ‘‘(B) For the revised nonsecurity category,             This Act may be cited as the ‘‘Five Penny
                                                                                                                                                                          ING.
                                               the amount specified in subsection (c)(9)(B),           Plan of 2023’’.
                                                                                                                                                                (a) SUSPENSION.—Section 3101(b) of title 31,
                                               reduced by one percent.                                 SEC. 2. STATUTORY ENFORCEMENT OF OUTLAY
                                                                                                                                                              United States Code, shall not apply during
                                                                    REPORT;
                                                                                                                  LIMITS THROUGH SEQUESTRATION.
                                                 ‘‘(2)    FINAL                SEQUESTRATION                                                                  the period beginning on the date of enact-
                                               ORDER.—If the conditions specified in para-               (a) IN GENERAL.—Part C of the Balanced               ment of this Act and ending on the applica-
                                               graph (1) are met during fiscal year 2024, the          Budget and Emergency Deficit Control Act               ble date.
                                               final sequestration report for such fiscal              of 1985 (2 U.S.C. 900 et seq.) is amended by             (b) DOLLAR LIMITATION ON SUSPENSION.—
                                               year pursuant to section 254(f)(1) and any              adding at the end the following:                       Subsection (a) shall not apply to the extent
                                               order pursuant to section 254(f)(5) shall be            ‘‘SEC. 258D. ENFORCING OUTLAY LIMITS.                  that the application of such subsection
                                               issued on the earlier of—                                  ‘‘(a) ENFORCING OUTLAY LIMITS.—In this              would result in the face amount of obliga-
                                                 ‘‘(A) 10 days, not including weekends and             section, the term ‘outlay limit’ means an              tions subject to limitation under section
                                               holidays, for the Congressional Budget Office           amount equal to—                                       3101(b) of title 31, United States Code, to ex-
                                               and 15 days, not including weekends and                   ‘‘(1) for fiscal year 2024, $4,839,204,000,000 in    ceed the sum of—
                                               holidays, for the Office of Management and              outlays;                                                 (1) the dollar limitation in effect under
                                               Budget, after the enactment into law of an-               ‘‘(2) for fiscal year 2025, $4,597,244,000,000 in    such section on the date of the enactment of
                                               nual full-year appropriations for all budget            outlays;                                               this Act; increased by
                                               accounts that normally receive such annual                ‘‘(3) for fiscal year 2026, $4,367,382,000,000 in      (2) $1,000,000,000,000.
                                               appropriations (or the enactment of the ap-             outlays;                                                 (c) APPLICABLE DATE.—For purposes of this
                                               plicable full-year appropriations Acts with-              ‘‘(4) for fiscal year 2027, $4,149,013,000,000 in    section, the term ‘‘applicable date’’ means
                                               out any provision for such accounts); or                outlays; and                                           the earlier of—
                                                 ‘‘(B) April 30, 2024.                                   ‘‘(5) for fiscal year 2028, $3,941,562,000,000 in      (1) November 1, 2023; or




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(3) REVERSAL.—If, after January 1, 2024,            outlays.                                                 (2) the first date on which subsection (a)
                                               there are enacted into law each of the full               ‘‘(b) TOTAL FEDERAL OUTLAYS.—In this sec-            does not apply by reason of subsection (b).
                                               year discretionary appropriation Acts, then             tion, total Federal outlays shall include all            (d) SPECIAL RULE RELATING TO OBLIGATIONS
                                               the adjustment to the applicable discre-                on-budget outlays.                                     ISSUED DURING SUSPENSION PERIOD.—Effec-
                                               tionary spending limits in paragraph (1)                  ‘‘(c) SEQUESTRATION.—                                tive as of the close of the applicable date, the
                                               shall have no force or effect, and the discre-            ‘‘(1) OMB REPORT.—Not later than 15 days             dollar limitation in section 3101(b) of title 31,
                                               tionary spending limits for the revised secu-           after the end of session for each of fiscal            United States Code, is increased to the ex-
                                               rity category and revised nonsecurity cat-              years 2024 through 2028, OMB shall prepare a           tent that—




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00051   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.075   S01JNPT1
                                               S1908                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                                 (1) the face amount of obligations subject            such term in section 2(b) of the Secure Fence            ‘‘(a) IN GENERAL.—The Secretary of Home-
                                               to limitation under such section outstanding            Act of 2006 (Public Law 109–367; 8 U.S.C. 1701         land Security shall take such actions as may
                                               as of the close of the applicable date; exceeds         note).                                                 be necessary (including the removal of obsta-
                                                 (2) the face amount of such obligations                  (5) SECRETARY.—The term ‘‘Secretary’’               cles to detection of illegal entrants) to de-
                                               outstanding on the date of enactment of this            means the Secretary of Homeland Security.              sign, test, construct, install, deploy, inte-
                                               Act.                                                       (6) SITUATIONAL AWARENESS.—The term                 grate, and operate physical barriers, tactical
                                                 (e) RESTORING CONGRESSIONAL AUTHORITY                 ‘‘situational awareness’’ has the meaning              infrastructure, and technology in the vicin-
                                               OVER THE NATIONAL DEBT.—                                given such term in section 1092(a)(7) of the           ity of the southwest border to achieve situa-
                                                 (1) EXTENSION LIMITED TO NECESSARY OBLI-              National Defense Authorization Act for Fis-            tional awareness and operational control of
                                               GATIONS.—An obligation shall not be taken               cal Year 2017 (Public Law 114–328; 6 U.S.C.            the southwest border and deter, impede, and
                                               into account under subsection (d)(1) unless             223(a)(7)).                                            detect unlawful activity.’’;
                                               the issuance of such obligation was nec-                   (7) UNMANNED AIRCRAFT SYSTEM.—The term                (2) in subsection (b)—
                                               essary to fund a commitment incurred pur-               ‘‘unmanned aircraft system’’ has the mean-               (A) in the subsection heading, by striking
                                               suant to law by the Federal Government                  ing given such term in section 44801 of title          ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
                                               that required payment on or before the ap-              49, United States Code.                                serting ‘‘PHYSICAL BARRIERS’’;
                                               plicable date.                                          SEC. 502. BORDER WALL CONSTRUCTION.
                                                                                                                                                                (B) in paragraph (1)—
                                                 (2) PROHIBITION ON CREATION OF CASH RE-                 (a) DEFINITIONS.—In this section:                      (i) in the heading, by striking ‘‘FENCING’’
                                               SERVE DURING EXTENSION PERIOD.—The Sec-                   (1) APPROPRIATE CONGRESSIONAL COMMIT-                and inserting ‘‘BARRIERS’’;
                                               retary of the Treasury shall not issue obliga-          TEES.—The term ‘‘appropriate congressional
                                                                                                                                                                (ii) by amending subparagraph (A) to read
                                               tions during the period specified in sub-               committees’’ means—                                    as follows:
                                               section (a) for the purpose of increasing the              (A) the Committee on Homeland Security                ‘‘(A) REINFORCED BARRIERS.—In carrying
                                               cash balance above normal operating bal-                and Governmental Affairs of the Senate;                out this section, the Secretary of Homeland
                                               ances in anticipation of the expiration of                 (B) the Committee on Appropriations of              Security shall construct a border wall, in-
                                               such period.                                            the Senate;                                            cluding physical barriers, tactical infra-
                                                                                                          (C) the Committee on Homeland Security              structure, and technology, along not fewer
                                                 SA 109. Mr. CRUZ submitted an                         of the House of Representatives;                       than 900 miles of the southwest border until
                                               amendment intended to be proposed by                       (D) the Committee on Appropriations of              situational awareness and operational con-
                                               him to the bill H.R. 3746, to provide for               the House of Representatives.                          trol of the southwest border is achieved.’’;
                                               a responsible increase to the debt ceil-                   (2) TACTICAL INFRASTRUCTURE.—The term                 (iii) by amending subparagraph (B) to read
                                                                                                       ‘‘tactical infrastructure’’ includes boat              as follows:
                                               ing; which was ordered to lie on the                    ramps, access gates, checkpoints, lighting,
                                               table; as follows:                                                                                               ‘‘(B) PHYSICAL BARRIERS AND TACTICAL IN-
                                                                                                       and roads associated with a border wall.               FRASTRUCTURE.—In carrying out this section,
                                                 At the end of title I of division A, add the             (3) TECHNOLOGY.—The term ‘‘technology’’             the Secretary of Homeland Security shall de-
                                               following:                                              includes border surveillance and detection             ploy along the southwest border the most
                                               SEC. 104. ENFORCING ADDITIONAL SPENDING                 technology, including linear ground detec-
                                                          LIMITS.
                                                                                                                                                              practical and effective physical barriers, tac-
                                                                                                       tion systems, associated with a border wall.           tical infrastructure, and technology avail-
                                                 (a) IN GENERAL.—Section 251(c) of the Bal-               (b) IN GENERAL.—
                                                                                                                                                              able for achieving situational awareness and
                                               anced Budget and Emergency Deficit Control                 (1) IMMEDIATE RESUMPTION OF BORDER WALL
                                                                                                                                                              operational control of the southwest bor-
                                               Act of 1985 (2 U.S.C. 901(c)), as amended by            CONSTRUCTION.—Not later than 7 days after
                                                                                                                                                              der.’’;
                                               section 101 of this division, is amended—               the date of the enactment of this Act, the
                                                                                                                                                                (iv) in subparagraph (C)—
                                                  (1) in paragraph (9)(B), by striking ‘‘and’’         Secretary shall resume all activities related
                                                                                                                                                                (I) by amending clause (i) to read as fol-
                                               at the end; and                                         to the construction of the border wall along
                                                                                                                                                              lows:
                                                  (2) by inserting after paragraph (10) the fol-       the border between the United States and
                                                                                                                                                                ‘‘(i) IN GENERAL.—In carrying out this sec-
                                               lowing:                                                 Mexico that were underway or being planned
                                                                                                                                                              tion, the Secretary of Homeland Security
                                                  ‘‘(11) for fiscal year 2026 $1,621,959,000,000 for   for before January 20, 2021.
                                                                                                                                                              shall consult with the Secretary of the Inte-
                                               the discretionary category;                                (2) USE OF FUNDS.—To carry out this sec-
                                                                                                                                                              rior, the Secretary of Agriculture, appro-
                                                  ‘‘(12) for fiscal year 2027, $1,638,179,000,000      tion, the Secretary shall expend all unex-
                                                                                                                                                              priate representatives of State, Tribal, and
                                               for the discretionary category;                         pired funds appropriated or explicitly obli-
                                                                                                                                                              local governments, and appropriate private
                                                  ‘‘(13) for fiscal year 2028, $1,654,560,000,000      gated for the construction of the border wall
                                                                                                                                                              property owners in the United States to min-
                                               for the discretionary category; and                     that were appropriated or obligated, as the
                                                                                                                                                              imize the impact on natural resources, com-
                                                  ‘‘(14) for fiscal year 2029, $1,671,106,000,000      case may be, for use beginning on October 1,
                                                                                                                                                              merce, and sites of historical or cultural sig-
                                               for the discretionary category;’’.                      2019.
                                                                                                                                                              nificance for the communities and residents
                                                  (b) CONFORMING AMENDMENT RELATING TO                    (3) USE OF MATERIALS.—Any unused mate-
                                                                                                                                                              located near the sites at which physical bar-
                                               SEQUESTRATION REPORTS.—Section 254 of the               rials purchased before the date of the enact-
                                                                                                                                                              riers, tactical infrastructure, and technology
                                               Balanced Budget and Emergency Deficit                   ment of this Act for the construction of the
                                                                                                                                                              are to be constructed. Such consultation
                                               Control Act of 1985 (2 U.S.C. 904), as amended          border wall may be used for activities re-
                                                                                                                                                              may not delay such construction for longer
                                               by section 101 of this division, is amended—            lated to the construction of the border wall
                                                                                                                                                              than 7 days.’’; and
                                                  (1) in subsection (c)(2), by striking ‘‘2025’’       in accordance with paragraph (1).
                                                                                                          (c) PLAN TO COMPLETE TACTICAL INFRA-                  (II) in clause (ii)—
                                               and inserting ‘‘2029’’; and
                                                                                                       STRUCTURE AND TECHNOLOGY.—Not later than
                                                                                                                                                                (aa) in subclause (I), by striking ‘‘or’’ after
                                                  (2) in subsection (f)(2)(A), by striking
                                                                                                       90 days after the date of the enactment of             the semicolon at the end;
                                               ‘‘2025’’ and inserting ‘‘2029’’.
                                                                                                       this Act and annually thereafter until con-              (bb) by amending subclause (II) to read as
                                                 SA 110. Mr. MARSHALL proposed an                      struction of the border wall has been com-             follows:
                                                                                                       pleted, the Secretary shall submit to the ap-            ‘‘(II) delay the transfer to the United
                                               amendment to the bill H.R. 3746, to                                                                            States of the possession of property or affect
                                               provide for a responsible increase to                   propriate congressional committees—
                                                                                                          (1) an implementation plan, including an-           the validity of any property acquisition by
                                               the debt ceiling; as follows:                                                                                  the United States by purchase or eminent
                                                                                                       nual benchmarks for the construction of 200
                                                At the end of the bill, add the following:             miles of such wall; and                                domain, or to otherwise affect the eminent
                                               DIVISION E—BORDER SECURITY, IMMI-                          (2) associated cost estimates for satisfying        domain laws of the United States or of any
                                                GRATION ENFORCEMENT, AND FOREIGN                       all requirements of the construction of the            State; or’’; and
                                                AFFAIRS                                                border wall, including installation and de-              (cc) by adding at the end the following new
                                               SECTION 500. SHORT TITLE.                               ployment of tactical infrastructure, tech-             subclause:
                                                                                                       nology, and other elements as identified by              ‘‘(III) create any right or liability for any
                                                 This division may be cited as the ‘‘Secure
                                                                                                       the Department before January 20, 2021,                party.’’; and
                                               the Border Act of 2023’’.
                                                                                                       through the expenditure of funds appro-                  (v) by striking subparagraph (D);
                                                      TITLE I—BORDER SECURITY                                                                                   (C) in paragraph (2)—
                                                                                                       priated or explicitly obligated, as the case
                                               SEC. 501. DEFINITIONS.                                  may be, for use, and any future funds appro-             (i) by striking ‘‘Attorney General’’ and in-
                                                  In this title:                                       priated or otherwise made available by Con-            serting ‘‘Secretary of Homeland Security’’;
                                                  (1) CBP.—The term ‘‘CBP’’ means U.S. Cus-            gress.                                                   (ii) by striking ‘‘this subsection’’ and in-
                                               toms and Border Protection.                                                                                    serting ‘‘this section’’; and




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       SEC. 503. STRENGTHENING THE REQUIREMENTS
                                                  (2) COMMISSIONER.—The term ‘‘Commis-                             FOR BARRIERS ALONG THE SOUTH-                (iii) by striking ‘‘construction of fences’’
                                               sioner’’ means the Commissioner of U.S. Cus-                        ERN BORDER.                                and inserting ‘‘the construction of physical
                                               toms and Border Protection.                               Section 102 of the Illegal Immigration Re-           barriers, tactical infrastructure, and tech-
                                                  (3) DEPARTMENT.—The term ‘‘Department’’              form and Immigrant Responsibility Act of               nology’’;
                                               means the Department of Homeland Secu-                  1996 (Division C of Public Law 104–208; 8                (D) by amending paragraph (3) to read as
                                               rity.                                                   U.S.C. 1103 note) is amended—                          follows:
                                                  (4) OPERATIONAL CONTROL.—The term                      (1) by amending subsection (a) to read as              ‘‘(3) AGENT SAFETY.—In carrying out this
                                               ‘‘operational control’’ has the meaning given           follows:                                               section, the Secretary of Homeland Security,




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00052   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.074   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1909
                                               when designing, testing, constructing, in-                ‘‘(D) 3-dimensional, seismic acoustic detec-         tives, goals, and timelines for each such pro-
                                               stalling, deploying, integrating, and oper-             tion and ranging border tunneling detection            gram;
                                               ating physical barriers, tactical infrastruc-           technology;                                              (6) the identification of each deployed se-
                                               ture, or technology, shall incorporate such               ‘‘(E) advanced unattended surveillance sen-          curity-related technology that is at or near
                                               safety features into such design, test, con-            sors;                                                  the end of the life cycle of such technology;
                                               struction, installation, deployment, integra-             ‘‘(F) mobile vehicle-mounted and man-                  (7) a description of the test, evaluation,
                                               tion, or operation of such physical barriers,           portable surveillance capabilities;                    modeling, and simulation capabilities, in-
                                               tactical infrastructure, or technology, as the            ‘‘(G) unmanned aircraft systems;                     cluding target methodologies, rationales,
                                               case may be, that the Secretary determines                ‘‘(H) tunnel detection systems and other             and timelines, necessary to support the ac-
                                               are necessary to maximize the safety and ef-            seismic technology;                                    quisition of security-related technologies
                                               fectiveness of officers and agents of the De-             ‘‘(I) fiber-optic cable; and                         pursuant to paragraph (4);
                                               partment of Homeland Security or of any                   ‘‘(J) other border detection, communica-               (8) the identification and an assessment of
                                               other Federal agency deployed in the vicin-             tion, and surveillance technology.                     ways to increase opportunities for commu-
                                               ity of such physical barriers, tactical infra-            ‘‘(7) UNMANNED AIRCRAFT SYSTEM.—The                  nication and collaboration with the private
                                               structure, or technology.’’; and                        term ‘unmanned aircraft system’ has the                sector, small and disadvantaged businesses,
                                                  (E) in paragraph (4), by striking ‘‘this sub-        meaning given such term in section 44801 of            intragovernment entities, university centers
                                               section’’ and inserting ‘‘this section’’;               title 49, United States Code.’’.                       of excellence, and Federal laboratories to en-
                                                  (3) in subsection (c)—                               SEC. 504. BORDER AND PORT SECURITY TECH-               sure CBP is able to engage with the market
                                                  (A) by amending paragraph (1) to read as                         NOLOGY INVESTMENT PLAN.                    for security-related technologies that are
                                               follows:                                                  (a) DEFINITIONS.—In this section:                    available to satisfy its mission needs before
                                                  ‘‘(1) IN GENERAL.—Notwithstanding any                                                                       engaging in an acquisition of a security-re-
                                                                                                         (1) APPROPRIATE CONGRESSIONAL COMMIT-
                                               other provision of law, the Secretary of                                                                       lated technology;
                                                                                                       TEES.—The term ‘‘appropriate congressional
                                               Homeland Security shall waive all legal re-                                                                      (9) an assessment of the management of
                                                                                                       committees’’ means—
                                               quirements necessary to ensure the expedi-                                                                     planned security-related technology pro-
                                                                                                         (A) the Committee on Homeland Security
                                               tious design, testing, construction, installa-                                                                 grams by the acquisition workforce of CBP;
                                                                                                       and Governmental Affairs of the Senate;
                                               tion, deployment, integration, operation,                                                                        (10) the identification of ways to leverage
                                                                                                         (B) the Committee on Appropriations of
                                               and maintenance of the physical barriers,                                                                      already-existing acquisition expertise within
                                                                                                       the Senate;
                                               tactical infrastructure, and technology                                                                        the Federal Government;
                                                                                                         (C) the Committee on Homeland Security
                                               under this section. The Secretary shall en-                                                                      (11) a description of the security resources,
                                                                                                       of the House of Representatives; and
                                               sure the maintenance and effectiveness of                                                                      including information security resources, re-
                                               such physical barriers, tactical infrastruc-              (D) the Committee on Appropriations of               quired to protect security-related tech-
                                               ture, or technology. Any such action by the             the House of Representatives.                          nology from physical or cyber theft, diver-
                                               Secretary shall be effective upon publication             (2) COVERED OFFICIALS.—The term ‘‘covered            sion, sabotage, or attack;
                                               in the Federal Register.’’;                             officials’’ means—                                       (12) a description of initiatives—
                                                  (B) by redesignating paragraph (2) as para-            (A) the Under Secretary for Management                 (A) to streamline the acquisition process of
                                               graph (3); and                                          of the Department;                                     CBP; and
                                                  (C) by inserting after paragraph (1) the fol-          (B) the Under Secretary for Science and                (B) to provide to the private sector greater
                                               lowing new paragraph:                                   Technology of the Department; and                      predictability and transparency with respect
                                                  ‘‘(2) NOTIFICATION.—Not later than 7 days              (C) the Chief Information Officer of the De-         to such process, including information relat-
                                               after the date on which the Secretary of                partment.                                              ing to the timeline for testing and evalua-
                                               Homeland Security exercises a waiver pursu-               (3) UNLAWFULLY PRESENT.—The term ‘‘un-               tion of security-related technology;
                                               ant to paragraph (1), the Secretary shall no-           lawfully present’’ has the meaning provided              (13) an assessment of the privacy and secu-
                                               tify the Committee on Homeland Security                 such term in section 212(a)(9)(B)(ii) of the           rity impact on border communities of secu-
                                               and Governmental Affairs of the Senate and              Immigration and Nationality Act (8 U.S.C.              rity-related technology;
                                               the Committee on Homeland Security of the               1182(a)(9)(B)(ii)).                                      (14) in the case of a new acquisition leading
                                               House of Representatives of such waiver.’’;               (b) IN GENERAL.—Not later than 180 days              to the removal of equipment from a port of
                                               and                                                     after the date of the enactment of this Act,           entry along the northern or southern border
                                                  (4) by adding at the end the following:              the Commissioner, in consultation with cov-            of the United States, a strategy to consult
                                                  ‘‘(e) TECHNOLOGY.—In carrying out this               ered officials and border and port security            with the private sector and community
                                               section, the Secretary of Homeland Security             technology stakeholders, shall submit to the           stakeholders affected by such removal;
                                               shall deploy along the southwest border the             appropriate congressional committees a                   (15) a strategy to consult with the private
                                               most practical and effective technology                 strategic 5-year technology investment plan            sector and community stakeholders with re-
                                               available for achieving situational awareness           (referred to in this section as the ‘‘Plan’’).         spect to security impacts at a port of entry
                                               and operational control.                                The Plan may include a classified annex, if            described in paragraph (14); and
                                                  ‘‘(f) DEFINITIONS.—In this section:                  appropriate.                                             (16) the identification of recent techno-
                                                  ‘‘(1) ADVANCED UNATTENDED SURVEILLANCE                 (c) CONTENTS OF PLAN.—The Plan shall in-             logical advancements in—
                                               SENSORS.—The term ‘advanced unattended                  clude—                                                   (A) manned aircraft sensor, communica-
                                               surveillance sensors’ means sensors that uti-             (1) an analysis of security risks at and be-         tion, and common operating picture tech-
                                               lize an onboard computer to analyze detec-              tween ports of entry along the northern and            nology;
                                               tions in an effort to discern between vehi-             southern borders of the United States;                   (B) unmanned aerial systems and related
                                               cles, humans, and animals, and ultimately                 (2) the identification of capability gaps            technology, including counter-unmanned
                                               filter false positives prior to transmission.           with respect to security at and between such           aerial system technology;
                                                  ‘‘(2) OPERATIONAL CONTROL.—The term                  ports of entry to be mitigated in order to—              (C) surveillance technology, including—
                                               ‘operational control’ has the meaning given               (A) prevent terrorists and instruments of              (i) mobile surveillance vehicles;
                                               such term in section 2(b) of the Secure Fence           terror from entering the United States;                  (ii) associated electronics, including cam-
                                               Act of 2006 (Public Law 109–367; 8 U.S.C. 1701            (B) combat and reduce cross-border crimi-            eras, sensor technology, and radar;
                                               note).                                                  nal activity, including—                                 (iii) tower-based surveillance technology;
                                                  ‘‘(3) PHYSICAL BARRIERS.—The term ‘phys-               (i) the transport of illegal goods, such as il-        (iv) advanced unattended surveillance sen-
                                               ical barriers’ includes reinforced fencing, the         licit drugs; and                                       sors; and
                                               border wall, and levee walls.                             (ii) human smuggling and human traf-                   (v) deployable, lighter-than-air, ground
                                                  ‘‘(4) SITUATIONAL AWARENESS.—The term                ficking; and                                           surveillance equipment;
                                               ‘situational awareness’ has the meaning                   (C) facilitate the flow of legal trade across          (D) nonintrusive inspection technology, in-
                                               given such term in section 1092(a)(7) of the            the southwest border;                                  cluding non-x-ray devices utilizing muon to-
                                               National Defense Authorization Act for Fis-               (3) an analysis of current and forecast              mography and other advanced detection
                                               cal Year 2017 (Public Law 114–328; 6 U.S.C.             trends relating to the number of aliens                technology;
                                               223(a)(7)).                                             who—                                                     (E) tunnel detection technology; and
                                                  ‘‘(5) TACTICAL INFRASTRUCTURE.—The term                (A) unlawfully entered the United States               (F) communications equipment, includ-
                                               ‘tactical infrastructure’ includes boat ramps,          by crossing the northern or southern border            ing—
                                               access gates, checkpoints, lighting, and                of the United States; or                                 (i) radios;
                                               roads.                                                    (B) are unlawfully present in the United




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                                (ii) long-term evolution broadband; and
                                                  ‘‘(6) TECHNOLOGY.—The term ‘technology’              States;                                                  (iii) miniature satellites.
                                               includes border surveillance and detection                (4) a description of security-related tech-            (d) LEVERAGING THE PRIVATE SECTOR.—To
                                               technology, including—                                  nology acquisitions, listed in order of pri-           the extent practicable, the Plan shall—
                                                  ‘‘(A) tower-based surveillance technology;           ority, to address the security risks and capa-           (1) leverage emerging technological capa-
                                                  ‘‘(B) deployable, lighter-than-air ground            bility gaps analyzed and identified pursuant           bilities, and research and development
                                               surveillance equipment;                                 to paragraphs (1) and (2), respectively;               trends, within the public and private sectors;
                                                  ‘‘(C) vehicle and Dismount Exploitation                (5) a description of each planned security-            (2) incorporate input from the private sec-
                                               Radars (VADER);                                         related technology program, including objec-           tor, including from border and port security




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00053   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1910                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                               stakeholders, through requests for informa-             Science and Technology and the Commis-                   (b) BORDER PATROL AGENTS.—Not later
                                               tion, industry day events, and other innova-            sioner of U.S. Customs and Border Protec-              than September 30, 2025, the Commissioner
                                               tive means consistent with the Federal Ac-              tion, shall submit to the Committee on                 shall hire, train, and assign a sufficient num-
                                               quisition Regulation (or any successor regu-            Homeland Security and Governmental Af-                 ber of Border Patrol agents to maintain an
                                               lation); and                                            fairs of the Senate and the Committee on               active duty presence of not fewer than 22,000
                                                 (3) identify security-related technologies            Homeland Security of the House of Rep-                 full-time equivalent Border Patrol agents,
                                               that are in development or deployed, with or            resentatives a plan for testing, evaluating,           who may not perform the duties of proc-
                                               without adaptation, that may satisfy the                and using independent verification and vali-           essing coordinators.
                                               mission needs of CBP.                                   dation of resources relating to the proposed             (c) PROHIBITION AGAINST ALIEN TRAVEL.—
                                                 (e) FORM.—To the extent practicable, the              acquisition of border security technology.             Personnel and equipment of Air and Marine
                                               Plan shall be published in unclassified form            Under such plan, the proposed acquisition of           Operations may not be used for the transpor-
                                               on the website of the Department.                       new border security technologies shall be              tation of nondetained aliens, or detained
                                                 (f) DISCLOSURE.—The Plan shall identify               evaluated through a series of assessments,             aliens expected to be administratively re-
                                               individuals who contributed to the develop-             processes, and audits to ensure—                       leased upon arrival, from the southwest bor-
                                               ment of the Plan who are not employed by                  ‘‘(1) compliance with relevant depart-               der to destinations within the United States.
                                               the Federal Government, and their profes-               mental acquisition policies and the Federal              (d) GAO REPORT.—If the staffing level re-
                                                                                                       Acquisition Regulation (or any successor               quired under this section is not achieved by
                                               sional affiliations.
                                                                                                       regulation); and                                       the date associated with such level, the
                                                 (g) UPDATE AND REPORT.—Not later than 2
                                                                                                         ‘‘(2) the effective use of taxpayer dollars.’’.      Comptroller General of the United States
                                               years after the date on which the Plan is
                                                                                                         (b) CLERICAL AMENDMENT.—The table of                 shall—
                                               submitted to the appropriate congressional
                                                                                                       contents in section 1(b) of the Homeland Se-             (1) conduct a review of the reasons why
                                               committees pursuant to subsection (b) and
                                                                                                       curity Act of 2002 is amended by inserting             such level was not so achieved; and
                                               biennially thereafter for the following 10
                                                                                                       after the item relating to section 436 the fol-          (2) not later than September 30, 2027, pub-
                                               years, the Commissioner shall submit to the
                                                                                                       lowing:                                                lish a report on a publicly available website
                                               appropriate congressional committees—
                                                                                                       ‘‘Sec. 437. Border security technology pro-            of the Government Accountability Office
                                                 (1) an update of the Plan, if appropriate;
                                                                                                                      gram management.’’.                     that contains the findings of the review con-
                                               and
                                                                                                         (c) PROHIBITION ON ADDITIONAL AUTHORIZA-             ducted pursuant to paragraph (1).
                                                 (2) a report that includes—
                                                                                                       TION    OF   APPROPRIATIONS.—No additional             SEC. 508. ANTI-BORDER CORRUPTION ACT REAU-
                                                 (A) the extent to which each security-re-                                                                                THORIZATION.
                                               lated technology acquired by CBP since the              funds are authorized to be appropriated to
                                                                                                       carry out section 437 of the Homeland Secu-              (a) HIRING FLEXIBILITY.—Section 3 of the
                                               initial submission of the plan or most recent                                                                  Anti-Border Corruption Act of 2010 (6 U.S.C.
                                               update of the plan, as the case may be, is              rity Act of 2002, as added by subsection (a).
                                                                                                       SEC. 506. U.S. CUSTOMS AND BORDER PROTEC-              221; Public Law 111–376) is amended by strik-
                                               consistent with the planned technology pro-                                                                    ing subsection (b) and inserting the fol-
                                               grams and projects described pursuant to                            TION TECHNOLOGY UPGRADES.
                                                                                                         (a) SECURE COMMUNICATIONS.—The Com-                  lowing:
                                               subsection (c)(5); and                                                                                           ‘‘(b) WAIVER REQUIREMENT.—Subject to
                                                 (B) the type of contract and the reason for           missioner shall ensure that each CBP officer
                                                                                                       or agent, as appropriate, is equipped with a           subsection (c), the Commissioner of U.S. Cus-
                                               acquiring each such security-related tech-                                                                     toms and Border Protection shall waive the
                                               nology.                                                 secure radio or other 2-way communication
                                                                                                       device that allows each such officer or agent          application of subsection (a)(1)—
                                               SEC. 505. BORDER SECURITY TECHNOLOGY PRO-                                                                        ‘‘(1) to a current, full-time law enforce-
                                                           GRAM MANAGEMENT.
                                                                                                       to communicate—
                                                                                                         (1) between ports of entry and inspection            ment officer employed by a State or local
                                                 (a) IN GENERAL.—Subtitle C of title IV of                                                                    law enforcement agency who—
                                                                                                       stations; and
                                               the Homeland Security Act of 2002 (6 U.S.C.                                                                      ‘‘(A) has continuously served as a law en-
                                                                                                         (2) with other Federal, State, Tribal, and
                                               231 et seq.) is amended by adding at the end                                                                   forcement officer for not fewer than 3 years;
                                                                                                       local law enforcement entities.
                                               the following:                                            (b) BORDER SECURITY DEPLOYMENT PRO-                    ‘‘(B) is authorized by law to engage in or
                                               ‘‘SEC. 437. BORDER SECURITY TECHNOLOGY PRO-             GRAM.—                                                 supervise the prevention, detection, inves-
                                                             GRAM MANAGEMENT.                            (1) EXPANSION.—Not later than September              tigation, or prosecution of, or the incarcer-
                                                  ‘‘(a) DEFINED TERM.—In this section, the             30, 2025, the Commissioner shall—                      ation of any person for, any violation of law,
                                               term ‘major acquisition program’ means an                 (A) fully implement the CBP Border Secu-             and has statutory powers for arrest or appre-
                                               acquisition program of the Department that              rity Deployment Program; and                           hension; and
                                               is estimated by the Secretary to require an               (B) expand the integrated surveillance and             ‘‘(C) is not currently under investigation,
                                               eventual total expenditure of at least                  intrusion detection system at land ports of            has not been found to have engaged in crimi-
                                               $100,000,000 (based on fiscal year 2023 con-            entry along the northern and southern bor-             nal activity or serious misconduct, has not
                                               stant dollars) over its life-cycle cost.                ders of the United States.                             resigned from a law enforcement officer posi-
                                                 ‘‘(b) PLANNING DOCUMENTATION.—For each                  (2) AUTHORIZATION OF APPROPRIATIONS.—In              tion under investigation or in lieu of termi-
                                               border security technology acquisition pro-             addition to amounts otherwise authorized to            nation, and has not been dismissed from a
                                               gram of the Department that is determined               be appropriated for such purpose, there is au-         law enforcement officer position;
                                               to be a major acquisition program, the Sec-             thorized to be appropriated $33,000,000 for fis-         ‘‘(2) to a current, full-time Federal law en-
                                               retary shall—                                           cal years 2024 and 2025 to carry out para-             forcement officer who—
                                                 ‘‘(1) ensure that each such program has a             graph (1).                                               ‘‘(A) has continuously served as a law en-
                                               written acquisition program baseline ap-                  (c) UPGRADE OF LICENSE PLATE READERS AT              forcement officer for not fewer than three
                                               proved by the relevant acquisition decision             PORTS OF ENTRY.—                                       years;
                                               authority;                                                (1) UPGRADE.—Not later than 2 years after              ‘‘(B) is authorized to make arrests, conduct
                                                 ‘‘(2) document that each such program is              the date of the enactment of this Act, the             investigations, conduct searches, make sei-
                                               satisfying cost, schedule, and performance              Commissioner shall upgrade all existing li-            zures, carry firearms, and serve orders, war-
                                               thresholds as specified in such baseline, in            cense plate readers in need of upgrade, as de-         rants, and other processes;
                                               compliance with relevant departmental ac-               termined by the Commissioner, along the                  ‘‘(C) is not currently under investigation,
                                               quisition policies and the Federal Acquisi-             northern and southern borders of the United            has not been found to have engaged in crimi-
                                               tion Regulation; and                                    States.                                                nal activity or serious misconduct, has not
                                                 ‘‘(3) have a plan for satisfying program im-            (2) AUTHORIZATION OF APPROPRIATIONS.—In              resigned from a law enforcement officer posi-
                                               plementation objectives by managing con-                addition to amounts otherwise authorized to            tion under investigation or in lieu of termi-
                                               tractor performance.                                    be appropriated for such purpose, there is au-         nation, and has not been dismissed from a
                                                 ‘‘(c) ADHERENCE TO STANDARDS.—The Sec-                thorized to be appropriated $125,000,000 for           law enforcement officer position; and
                                               retary, acting through the Under Secretary              fiscal years 2024 and 2025 to carry out para-            ‘‘(D) holds a current Tier 4 background in-
                                               for Management and the Commissioner of                  graph (1).                                             vestigation or current Tier 5 background in-
                                               U.S. Customs and Border Protection, shall               SEC. 507. U.S. CUSTOMS AND BORDER PROTEC-              vestigation; or
                                               ensure border security technology acquisi-                          TION PERSONNEL.                              ‘‘(3) to a member of the Armed Forces (or
                                               tion program managers who are responsible                 (a) RETENTION BONUS.—There is authorized             a reserve component thereof) or a veteran, if
                                               for carrying out this section adhere to rel-            to be appropriated up to $100,000,000 to the           such individual—
                                               evant internal control standards identified             Commissioner to provide a retention bonus                ‘‘(A) has served in the Armed Forces for
                                               by the Comptroller General of the United                to any front-line U.S. Border Patrol law en-           not fewer than three years;




SSpencer on DSK126QN23PROD with SENATE
                                               States. The Commissioner shall provide in-              forcement agent—                                         ‘‘(B) holds, or has held within the past five
                                               formation, as needed, to assist the Under                 (1) whose position is equal to or below level        years, a Secret, Top Secret, or Top Secret/
                                               Secretary in monitoring management of bor-              GS-12 of the General Schedule;                         Sensitive Compartmented Information clear-
                                               der security technology acquisition pro-                  (2) who has completed at least 5 years of            ance;
                                               grams under this section.                               service with the U.S. Border Patrol; and                 ‘‘(C) holds, or has undergone within the
                                                 ‘‘(d) PLAN.—The Secretary, acting through               (3) who commits to 2 years of additional             past five years, a current Tier 4 background
                                               the Under Secretary for Management, in co-              service with the U.S. Border Patrol upon ac-           investigation or current Tier 5 background
                                               ordination with the Under Secretary for                 ceptance of such bonus.                                investigation;




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00054   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1911
                                                 ‘‘(D) received, or is eligible to receive, an           ‘‘(b) ADDITIONAL INFORMATION.—The first              adequate resources to carry out duties speci-
                                               honorable discharge from service in the                 report submitted pursuant to subsection (a)            fied in this section;
                                               Armed Forces and has not engaged in crimi-              shall include—                                           ‘‘(19) develop standard operating proce-
                                               nal activity or committed a serious military              ‘‘(1) an analysis of other methods of em-            dures for a workforce tracking system with-
                                               or civil offense under the Uniform Code of              ployment suitability tests that detect decep-          in the U.S. Border Patrol, Air and Marine
                                               Military Justice; and                                   tion and could be used in conjunction with             Operations, and the Office of Field Oper-
                                                 ‘‘(E) was not granted any waivers to obtain           traditional background investigations to               ations, train the workforce of each of such
                                               the clearance referred to in subparagraph               evaluate potential applicants or employees             entities on the use, capabilities, and purpose
                                               (B).                                                    for suitability for employment or continued            of such system, and implement internal con-
                                                 ‘‘(c) TERMINATION OF WAIVER REQUIREMENT;              employment; and                                        trols to ensure timely and accurate sched-
                                               SNAP-BACK.—The requirement to issue a                     ‘‘(2) a recommendation regarding whether             uling and reporting of actual completed
                                               waiver under subsection (b) shall terminate             a test referred to in paragraph (1) should be          work hours and activities;’’.
                                               if the Commissioner of U.S. Customs and                 adopted by U.S. Customs and Border Protec-               (d) REPORT.—
                                               Border Protection certifies to the Com-                 tion when the polygraph examination re-                  (1) IN GENERAL.—Not later than 1 year after
                                               mittee on Homeland Security and Govern-                 quirement is waived pursuant to section 3(b).          the date of the enactment of this Act with
                                               mental Affairs of the Senate and the Com-               ‘‘SEC. 7. DEFINITIONS.                                 respect to subsection (b) and paragraphs (18)
                                               mittee on Homeland Security of the House of               ‘‘In this Act:                                       and (19) of section 411(c) of the Homeland Se-
                                               Representatives that U.S. Customs and Bor-                ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.—              curity Act of 2002, as amended by subsection
                                               der Protection has met all requirements pur-            The term ‘Federal law enforcement officer’             (c), and annually thereafter with respect to
                                               suant to section 507 of the Secure the Border           means a ‘law enforcement officer’, as such             such paragraphs (18) and (19), the Secretary
                                               Act of 2023 relating to personnel levels. If at         term is defined in section 8331(20) or 8401(17)        shall submit a report to the appropriate con-
                                               any time after such certification personnel             of title 5, United States Code.                        gressional committees a report that includes
                                               levels fall below such requirements, the                  ‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.—            a status update regarding—
                                               Commissioner shall waive the application of             The term ‘serious military or civil offense’             (A) the implementation of subsection (b)
                                               subsection (a)(1) until such time as the Com-           means an offense for which—                            and such paragraphs (18) and (19); and
                                               missioner recertifies to such congressional               ‘‘(A) a member of the Armed Forces may                 (B) each relevant workload staffing model.
                                               committees that U.S. Customs and Border                 be discharged or separated from service in               (2) DATA SOURCES AND METHODOLOGY RE-
                                               Protection has so met all such require-                 the Armed Forces; and                                  QUIRED.—Each report required under para-
                                               ments.’’.                                                 ‘‘(B) a punitive discharge is, or would be,          graph (1) shall include information relating
                                                 (b) SUPPLEMENTAL COMMISSIONER AUTHOR-                 authorized for the same or a closely related           to the data sources and methodology used to
                                               ITY; REPORTING; DEFINITIONS.—The Anti-Bor-              offense under the Manual for Court-Martial,            generate each relevant staffing model.
                                               der Corruption Act of 2010 (Public Law 111–             as pursuant to Army Regulation 635–200,                  (e) INSPECTOR GENERAL REVIEW.—Not later
                                               376) is amended by adding at the end the fol-           chapter 14–12.                                         than 90 days after the Commissioner devel-
                                               lowing:                                                   ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and         ops the workload staffing models pursuant to
                                               ‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AU-                 ‘Tier 5’, with respect to background inves-            subsection (b), the Inspector General of the
                                                            THORITY.                                   tigations, have the meaning given such                 Department shall review such models and
                                                  ‘‘(a) NONEXEMPTION.—An individual who re-            terms under the 2012 Federal Investigative             provide feedback to the Secretary and the
                                               ceives a waiver described in section 3(b) is            Standards.                                             appropriate congressional committees with
                                               not exempt from any other hiring require-                 ‘‘(4) VETERAN.—The term ‘veteran’ has the            respect to the degree to which such models
                                                                                                       meaning given such term in section 101(2) of           are responsive to the recommendations of
                                               ments relating to suitability for employ-
                                                                                                                                                              the Inspector General, including—
                                               ment and eligibility to hold a national secu-           title 38, United States Code.’’.
                                                                                                         (c) POLYGRAPH EXAMINERS.—Not later than                (1) recommendations from the Inspector
                                               rity designated position, as determined by
                                                                                                       September 30, 2025, the Secretary shall in-            General’s February 2019 audit; and
                                               the Commissioner of U.S. Customs and Bor-
                                                                                                       crease to not fewer than 150 the number of               (2) any further recommendations to im-
                                               der Protection.
                                                                                                       trained full-time equivalent polygraph exam-           prove such models.
                                                 ‘‘(b) BACKGROUND INVESTIGATIONS.—An in-
                                                                                                       iners for administering polygraphs under the           SEC. 510. OPERATION STONEGARDEN.
                                               dividual who receives a waiver described in
                                               section 3(b) who holds a current Tier 4 back-           Anti-Border Corruption Act of 2010, as                   (a) IN GENERAL.—Subtitle A of title XX of
                                                                                                       amended by this section.                               the Homeland Security Act of 2002 (6 U.S.C.
                                               ground investigation shall be subject to a
                                                                                                       SEC. 509. ESTABLISHMENT OF WORKLOAD STAFF-             601 et seq.) is amended by adding at the end
                                               Tier 5 background investigation.
                                                                                                                    ING MODELS FOR U.S. BORDER PA-            the following:
                                                 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAM-
                                                                                                                    TROL AND AIR AND MARINE OPER-             ‘‘SEC. 2010. OPERATION STONEGARDEN.
                                               INATION.—The Commissioner of U.S. Customs
                                                                                                                    ATIONS OF CBP.                               ‘‘(a) ESTABLISHMENT.—There is established
                                               and Border Protection is authorized to ad-
                                                                                                         (a) DEFINED TERM.—In this section, the               in the Department a program, to be known
                                               minister a polygraph examination to an ap-
                                                                                                       term ‘‘appropriate congressional commit-               as ‘Operation Stonegarden’, under which the
                                               plicant or employee who is eligible for or re-
                                                                                                       tees’’ means—                                          Secretary, acting through the Adminis-
                                               ceives a waiver described in section 3(b) if in-
                                                                                                         (1) the Committee on Homeland Security               trator, shall work through State administra-
                                               formation is discovered before the comple-
                                                                                                       and Governmental Affairs of the Senate; and            tive agencies to award grants to eligible law
                                               tion of a background investigation that re-
                                                                                                         (2) the Committee on Homeland Security               enforcement agencies, which shall be ex-
                                               sults in a determination that a polygraph ex-
                                                                                                       of the House of Representatives.                       pended to enhance border security in accord-
                                               amination is necessary to make a final de-                (b) IN GENERAL.—Not later than 1 year                ance with this section.
                                               termination regarding suitability for em-               after the date of the enactment of this Act,             ‘‘(b) ELIGIBLE RECIPIENTS.—A law enforce-
                                               ployment or continued employment.                       the Commissioner, in coordination with the             ment agency is eligible to receive a grant
                                               ‘‘SEC. 6. REPORTING.                                    Under Secretary for Management, the Chief              under this section if the agency—
                                                  ‘‘(a) ANNUAL REPORT.—Not later than 1                Human Capital Officer, and the Chief Finan-              ‘‘(1) is located in—
                                               year after the date of the enactment of the             cial Officer of the Department, shall imple-             ‘‘(A) a State bordering Canada or Mexico;
                                               Secure the Border Act of 2023 and annually              ment a workload staffing model for—                    or
                                               thereafter while the waiver authority under               (1) the U.S. Border Patrol; and                        ‘‘(B) a State or territory with a maritime
                                               section 3(b) is in effect, the Commissioner of            (2) CBP Air and Marine Operations.                   border;
                                               U.S. Customs and Border Protection shall                  (c) RESPONSIBILITIES OF THE COMMIS-                    ‘‘(2) is involved in an active, ongoing, U.S.
                                               submit a report to Congress that includes,              SIONER.—Section 411(c) of the Homeland Se-             Customs and Border Protection operation co-
                                               with respect to each such reporting period—             curity Act of 2002 (6 U.S.C. 211(c)), is amend-        ordinated through a U.S. Border Patrol sec-
                                                 ‘‘(1) information relating to the number of           ed—                                                    tor office; and
                                               waivers granted under such section 3(b);                  (1) by redesignating paragraphs (18) and               ‘‘(3) has an agreement with U.S. Immigra-
                                                 ‘‘(2) information relating to the percentage          (19) as paragraphs (20) and (21), respectively;        tion and Customs Enforcement to support
                                               of applicants who were hired after receiving            and                                                    enforcement operations.
                                               such a waiver;                                            (2) by inserting after paragraph (17) the fol-         ‘‘(c) PERMITTED USES.—A recipient of a
                                                 ‘‘(3) information relating to the number of           lowing:                                                grant under this section may expend grant
                                               instances that a polygraph was administered               ‘‘(18) implement a staffing model for the            funds for costs associated with—
                                               to an applicant who initially received such a           U.S. Border Patrol, Air and Marine Oper-                 ‘‘(1) equipment, including maintenance and
                                               waiver and the results of such polygraph;               ations, and the Office of Field Operations             sustainment;




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(4) an assessment of the current impact of          that includes consideration for essential                ‘‘(2) personnel, including overtime and
                                               such waiver authority on filling law enforce-           frontline operator activities and functions,           backfill, in support of enhanced border law
                                               ment positions at U.S. Customs and Border               variations    in    operating   environments,          enforcement activities; and
                                               Protection; and                                         present and planned infrastructure, present              ‘‘(3) any activity permitted for Operation
                                                 ‘‘(5) the identification of additional au-            and planned technology, and required oper-             Stonegarden under the most recent fiscal
                                               thorities needed by U.S. Customs and Border             ations support levels to enable such entities          year Department of Homeland Security’s
                                               Protection to better utilize such waiver au-            to manage and assign personnel of such enti-           Homeland Security Grant Program Notice of
                                               thority for its intended goals.                         ties to ensure field and support posts possess         Funding Opportunity.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00055   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1912                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                                 ‘‘(d) PERIOD OF PERFORMANCE.—The Sec-                   (2) direct Air and Marine Operations to              Homeland Security of the House of Rep-
                                               retary shall award grants under this section            support requests from such Sector Chiefs as            resentatives a strategic plan to eradicate all
                                               to grant recipients for a period that is not            a component of the primary mission of Air              carrizo cane plant and salt cedar along the
                                               shorter than 3 years.                                   and Marine Operations in accordance with               Rio Grande River that impedes border secu-
                                                 ‘‘(e) NOTIFICATION.—Immediately after de-             subsection (d)(1)(A).                                  rity operations by not later than September
                                               nying a grant to a law enforcement agency,                (f) CONTRACT AIR SUPPORT AUTHORIZA-                  30, 2027.
                                               the Administrator shall provide written no-             TIONS.—The Commissioner shall contract for               (d) AUTHORIZATION OF APPROPRIATIONS.—
                                               tice to the Committee on Homeland Security              air support mission-critical hours to meet             There is authorized to be appropriated
                                               and Governmental Affairs of the Senate and              the requests for such hours, as identified             $7,000,000 to the Secretary for each of the fis-
                                               the Committee on Homeland Security of the               pursuant to subsection (e).                            cal years 2024 through 2028 to carry out this
                                               House of Representatives that describes the               (g) SMALL UNMANNED AIRCRAFT SYSTEMS.—                section.
                                               reasons for such denial.                                  (1) IN GENERAL.—The Chief, U.S. Border Pa-           SEC. 513. BORDER PATROL STRATEGIC PLAN.
                                                 ‘‘(f) REPORT.—For each of the fiscal years            trol shall be the executive agent with respect
                                                                                                                                                                (a) IN GENERAL.—Not later than 1 year
                                               2024 through 2028 the Administrator shall               to the use of small unmanned aircraft by
                                                                                                                                                              after the date of the enactment of this Act
                                               submit a report to the Committee on Home-               CBP for the purposes of—
                                                                                                                                                              and biennially thereafter, the Commissioner,
                                               land Security and Governmental Affairs of                 (A) meeting the unmet flight hour oper-
                                                                                                                                                              acting through the Chief, U.S. Border Patrol,
                                               the Senate and the Committee on Homeland                ational requirements of U.S. Border Patrol;
                                                                                                                                                              shall issue a Border Patrol Strategic Plan
                                               Security of the House of Representatives                and
                                                                                                                                                              (referred to in this section as the ‘‘Plan’’) to
                                               that contains—                                            (B) achieving situational awareness and
                                                                                                                                                              enhance the security of the borders of the
                                                 ‘‘(1) information regarding the expendi-              operational control of the borders of the
                                                                                                                                                              United States.
                                               tures of grant funding under this section by            United States.
                                                                                                                                                                (b) ELEMENTS.—The Plan shall include—
                                               each grant recipient; and                                 (2) COORDINATION.—In carrying out para-
                                                                                                                                                                (1) the consideration of Border Patrol Ca-
                                                 ‘‘(2) recommendations for other uses of               graph (1), the Chief, U.S. Border Patrol shall
                                                                                                                                                              pability Gap Analysis reporting, Border Se-
                                               such grant funding to further support eligi-            coordinate—
                                                                                                                                                              curity Improvement Plans, and any other
                                               ble law enforcement agencies.                             (A) flight operations with the Adminis-
                                                                                                                                                              strategic document authored by U.S. Border
                                                 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—               trator of the Federal Aviation Administra-
                                                                                                                                                              Patrol to address security gaps between
                                               There is authorized to be appropriated                  tion to ensure the safe and efficient oper-
                                                                                                                                                              ports of entry, including efforts to mitigate
                                               $110,000,000 for each of the fiscal years 2024          ation of the national airspace system; and
                                                                                                                                                              threats identified in such analyses, plans,
                                               through 2028 for grants under this section.’’.            (B) with the Executive Assistant Commis-
                                                 (b)    CONFORMING     AMENDMENT.—Section                                                                     and documents;
                                                                                                       sioner for CBP Air and Marine Operations—
                                               2002(a) of the Homeland Security Act of 2002                                                                     (2) information relating to the dissemina-
                                                                                                         (i) to ensure the safety of other CBP air-
                                               (6 U.S.C. 603(a)) is amended to read as fol-                                                                   tion of information relating to border secu-
                                                                                                       craft flying in the vicinity of small un-
                                               lows:                                                                                                          rity or border threats with respect to the ef-
                                                                                                       manned aircraft operated by U.S. Border Pa-
                                                 ‘‘(a) GRANTS AUTHORIZED.—The Secretary,                                                                      forts of the Department and other appro-
                                                                                                       trol; and
                                               through the Administrator, may award                                                                           priate Federal agencies;
                                                                                                         (ii) to establish a process to include data
                                               grants under sections 2003, 2004, 2009, and 2010                                                                 (3) information relating to efforts by U.S.
                                                                                                       from flight hours in the calculation of got
                                               to State, local, and Tribal governments, as                                                                    Border Patrol—
                                                                                                       away statistics.
                                               appropriate.’’.                                                                                                  (A) to increase situational awareness, in-
                                                                                                         (3)    CONFORMING       AMENDMENT.—Section
                                                 (c) CLERICAL AMENDMENT.—The table of                                                                         cluding—
                                                                                                       411(e)(3) of the Homeland Security Act of 2002
                                               contents in section 1(b) of the Homeland Se-                                                                     (i) surveillance capabilities, such as capa-
                                                                                                       (6 U.S.C. 211(e)(3)) is amended—
                                               curity Act of 2002 is amended by inserting                                                                     bilities developed or utilized by the Depart-
                                                                                                         (A) in subparagraph (B), by striking ‘‘and’’
                                               after the item relating to section 2009 the                                                                    ment of Defense, and any appropriate tech-
                                                                                                       after the semicolon at the end;
                                               following:                                                                                                     nology determined to be excess by the De-
                                                                                                         (B) by redesignating subparagraph (C) as
                                               ‘‘Sec. 2010. Operation Stonegarden.’’.                                                                         partment of Defense; and
                                                                                                       subparagraph (D); and
                                               SEC. 511. AIR AND MARINE OPERATIONS FLIGHT
                                                                                                                                                                (ii) the use of manned aircraft and un-
                                                                                                         (C) by inserting after subparagraph (B) the
                                                           HOURS.                                                                                             manned aircraft;
                                                                                                       following:
                                                 (a) DEFINITIONS.—In this section:                                                                              (B) to detect and prevent terrorists and in-
                                                                                                         ‘‘(C) carry out the small unmanned aircraft
                                                 (1) GOT AWAY.—The term ‘‘got away’’ has                                                                      struments of terrorism from entering the
                                                                                                       (as such term is defined in section 44801 of
                                               the meaning given such term in section                                                                         United States;
                                                                                                       title 49, United States Code) requirements
                                               1092(a)(3) of the National Defense Authoriza-                                                                    (C) to detect, interdict, and disrupt be-
                                                                                                       pursuant to section 511(g) of the Secure the
                                               tion Act for Fiscal Year 2017 (Public Law                                                                      tween ports of entry aliens unlawfully
                                                                                                       Border Act of 2023; and’’.
                                               114–328; 6 U.S.C. 223(a)(3)).                             (h) RULE OF CONSTRUCTION.—Nothing in                 present in the United States;
                                                 (2) TRANSIT ZONE.—The term ‘‘transit                  this section may be construed as conferring,             (D) to detect, interdict, and disrupt human
                                               zone’’ has the meaning given such term in               transferring, or delegating to the Secretary,          smuggling, human trafficking, drug traf-
                                               section 1092(a)(8) of the National Defense Au-          the Commissioner, the Executive Assistant              ficking, and other illicit cross-border activ-
                                               thorization Act for Fiscal Year 2017 (Public            Commissioner for Air and Marine Oper-                  ity;
                                               Law 114–328; 6 U.S.C. 223(a)(8)).                       ations, or the Chief, U.S. Border Patrol any             (E) to focus intelligence collection to dis-
                                                 (b) AIR AND MARINE OPERATIONS FLIGHT                  authority of the Secretary of Transportation           rupt transnational criminal organizations
                                               HOURS.—Not later than 120 days after the                or the Administrator of the Federal Aviation           outside of the international and maritime
                                               date of the enactment of this Act, the Sec-             Administration relating to the use of air-             borders of the United States; and
                                               retary shall ensure that not fewer than                 space or aviation safety.                                (F) to ensure that any new border security
                                               110,000 annual flight hours are carried out by          SEC. 512. ERADICATION OF CARRIZO CANE AND              technology can be operationally integrated
                                               CBP Air and Marine Operations.                                      SALT CEDAR.                                with existing technologies in use by the De-
                                                 (c) UNMANNED AIRCRAFT SYSTEMS.—The                      (a) IN GENERAL.—Not later than 30 days               partment;
                                               Secretary, after coordination with the Ad-              after the date of the enactment of this Act,             (4) information relating to initiatives of
                                               ministrator of the Federal Aviation Admin-              the Secretary, in coordination with the                the Department with respect to operational
                                               istration, shall ensure that Air and Marine             heads of relevant Federal, State, and local            coordination, including any relevant task
                                               Operations continuously operate unmanned                agencies, shall hire contractors to begin              forces of the Department;
                                               aircraft systems along the southern border              eradicating the carrizo cane plant and any               (5) information gathered from the lessons
                                               of the United States.                                   salt cedar along the Rio Grande River that             learned by the deployments of the National
                                                 (d) PRIMARY MISSIONS.—The Commissioner                impedes border security operations. Such               Guard to the southern border of the United
                                               shall ensure that—                                      eradication shall be completed—                        States;
                                                 (1) the primary missions for Air and Ma-                (1) by not later than September 30, 2027, ex-          (6) a description of cooperative agreements
                                               rine Operations are to directly support—                cept for required maintenance; and                     relating to information sharing with State,
                                                 (A) U.S. Border Patrol activities along the             (2) in the most expeditious and cost-effec-          local, Tribal, territorial, and other Federal
                                               borders of the United States; and                       tive manner possible to maintain clear fields          law enforcement agencies that have jurisdic-
                                                 (B) Joint Interagency Task Force South                of view.                                               tion on the borders of the United States;
                                               and Joint Interagency Task Force East oper-               (b) APPLICATION.—The waiver authority                  (7) information relating to border security
                                               ations in the transit zone; and                         under section 102(c) of the Illegal Immigra-           information received from—
                                                 (2) the Executive Assistant Commissioner,             tion Reform and Immigrant Responsibility                 (A) State, local, Tribal, territorial, and




SSpencer on DSK126QN23PROD with SENATE
                                               Air and Marine Operations assigns the great-            Act of 1996 (8 U.S.C. 1103 note), as amended           other Federal law enforcement agencies that
                                               est priority to support missions specified in           by section 503, shall apply to activities car-         have jurisdiction on the borders of the
                                               paragraph (1).                                          ried out pursuant to subsection (a).                   United States or in the maritime environ-
                                                 (e) HIGH DEMAND FLIGHT HOUR REQUIRE-                    (c) REPORT.—Not later than 180 days after            ment;
                                               MENTS.—The Commissioner shall—                          the date of the enactment of this Act, the               (B) border community stakeholders, in-
                                                 (1) ensure that U.S. Border Patrol Sector             Secretary shall submit to the Committee on             cluding representatives from—
                                               Chiefs identify air support mission-critical            Homeland Security and Governmental Af-                   (i) border agricultural and ranching orga-
                                               hours; and                                              fairs of the Senate and the Committee on               nizations;




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00056   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1913
                                                 (ii) business and civic organizations;                SEC. 517. ERADICATION OF NARCOTIC DRUGS                  (2) the identification of the Office of Field
                                                 (iii) hospitals and rural clinics within 150                     AND FORMULATING EFFECTIVE NEW               Operations field office, U.S. Border Patrol
                                                                                                                  TOOLS TO ADDRESS YEARLY LOSSES
                                               miles of a United States border;                                                                               sector, or Air and Marine Operations branch
                                                                                                                  OF LIFE; ENSURING TIMELY UP-
                                                 (iv) victims of crime committed by aliens                        DATES TO U.S. CUSTOMS AND BOR-              making each recording or encounter;
                                               unlawfully present in the United States;                           DER PROTECTION FIELD MANUALS.                 (3) information relating to whether each
                                                 (v)     victims    impacted     by     drugs,           (a) IN GENERAL.—Not later than 90 days               recording or encounter of an alien was of a
                                               transnational criminal organizations, car-              after the date of the enactment of this Act,           single adult, an unaccompanied alien child,
                                               tels, gangs, or other criminal activity;                and not less frequently than triennially               or an individual in a family unit;
                                                 (vi) farmers, ranchers, and property owners           thereafter, the Commissioner of U.S. Cus-                (4) information relating to the processing
                                               along the border; and                                   toms and Border Protection shall review and            disposition of each alien recording or en-
                                                 (vii) other individuals negatively impacted           update, as necessary, the current policies             counter;
                                               by illegal immigration;                                 and manuals of the Office of Field Oper-                 (5) information relating to the nationality
                                                 (8) information relating to the staffing re-          ations related to inspections at ports of              of each alien who is the subject of each re-
                                               quirements with respect to border security              entry, and of U.S. Border Patrol related to            cording or encounter;
                                               for the Department;                                     inspections between ports of entry, to ensure            (6) the total number of individuals included
                                                 (9) a prioritized list of Department re-              the uniform implementation of inspection               in the terrorist screening database (as such
                                               search and development objectives to en-                practices that will effectively respond to             term is defined in section 2101 of the Home-
                                               hance the security of the borders of the                technological and methodological changes               land Security Act of 2002 (6 U.S.C. 621)) who
                                               United States; and                                      designed to disguise unlawful activity, such           have repeatedly attempted to cross unlaw-
                                                 (10) an assessment of training programs,              as the smuggling of drugs and humans, along            fully into the United States; and
                                               including programs relating to—                         the border.                                              (7) the total number of individuals in-
                                                 (A) identifying and detecting fraudulent                (b) REPORTING REQUIREMENT.—Not later                 cluded in the terrorist screening database
                                               documents;                                              than 90 days after each update required                who have been apprehended, including infor-
                                                 (B) understanding the scope of CBP en-                under subsection (a), the Commissioner of              mation relating to whether such individuals
                                               forcement authorities and appropriate use of            U.S. Customs and Border Protection shall               were released into the United States or re-
                                               force policies; and                                     submit a report to the Committee on Home-              moved.
                                                 (C) screening, identifying, and addressing            land Security and Governmental Affairs of                (d) EXCEPTIONS.—If the Commissioner of
                                               vulnerable populations, such as children and            the Senate and the Committee on Homeland               U.S. Customs and Border Protection does not
                                               victims of human trafficking.                           Security of the House of Representatives               publish the information required under sub-
                                                                                                       that summarizes any policy and manual                  sections (a) and (b) in any month by the date
                                               SEC. 514. U.S. CUSTOMS AND BORDER PROTEC-
                                                           TION SPIRITUAL READINESS.                   changes pursuant to subsection (a).                    specified in subsection (a), the Commissioner
                                                                                                       SEC. 518. PUBLICATION OF OPERATIONAL STA-              shall brief the Committee on Homeland Se-
                                                 Not later than 1 year after the date of the                       TISTICS BY U.S. CUSTOMS AND BOR-           curity and Governmental Affairs of the Sen-
                                               enactment of this Act and annually there-                           DER PROTECTION.                            ate and the Committee on Homeland Secu-
                                               after for the following 5 years, the Commis-              (a) DEFINITIONS.—In this section:                    rity of the House of Representatives regard-
                                               sioner shall submit a report to the Com-                  (1) ALIEN ENCOUNTERS.—The term ‘‘alien               ing the reason for such nonpublication by
                                               mittee on Homeland Security and Govern-                 encounters’’ means aliens apprehended, de-             not later than the date that is 2 business
                                               mental Affairs of the Senate and the Com-               termined inadmissible, or processed for re-            days after the tenth day of such month.
                                               mittee on Homeland Security of the House of             moval by U.S. Customs and Border Protec-               SEC.    519.
                                                                                                                                                                         ALIEN  CRIMINAL  BACKGROUND
                                               Representatives regarding—                              tion.                                                            CHECKS.
                                                 (1) the availability and usage of the assist-            (2) GOT AWAY.—The term ‘‘got away’’ has               (a) IN GENERAL.—Not later than 7 days
                                               ance of chaplains, prayer groups, houses of             the meaning given such term in section                 after the date of the enactment of this Act,
                                               worship, and other spiritual resources for              1092(a) of the National Defense Authorization          the Commissioner shall submit a certifi-
                                               members of CBP who identify as religiously              Act for Fiscal Year 2017 (6 U.S.C. 223(a)).            cation to the Committee on Homeland Secu-
                                               affiliated and have attempted suicide, have                (3) TERRORIST SCREENING DATABASE.—The               rity and Governmental Affairs of the Senate,
                                               suicidal ideation, or are at risk of suicide;           term ‘‘terrorist screening database’’ has the          the Committee on the Judiciary of the Sen-
                                               and                                                     meaning given such term in section 2101 of             ate, the Committee on Homeland Security of
                                                 (2) metrics on the impact such resources              the Homeland Security Act of 2002 (6 U.S.C.            the House of Representatives, and the Com-
                                               have in assisting religiously affiliated mem-           621).                                                  mittee on the Judiciary of the House of Rep-
                                               bers who have access to and utilize such re-               (4) UNACCOMPANIED ALIEN CHILD.—The term             resentatives that CBP has real-time access
                                               sources compared to religiously affiliated              ‘‘unaccompanied alien child’’ has the mean-            to the criminal history databases of all coun-
                                               members who do not have such access.                    ing given such term in section 462(g) of the           tries of origin and transit for aliens encoun-
                                               SEC. 515. RESTRICTIONS ON FUNDING.                      Homeland Security Act of 2002 (6 U.S.C.                tered by CBP to perform criminal history
                                                 (a) ARRIVING ALIENS.—No funds are author-             279(g)).                                               background checks for such aliens.
                                               ized to be appropriated to the Department to               (b) IN GENERAL.—Not later than the sev-               (b) STANDARDS.—The certification required
                                               process the entry into the United States of             enth day of each month beginning with the              under subsection (a) shall include a deter-
                                               aliens arriving in between ports of entry.              second full month after the date of the en-            mination whether the criminal history data-
                                                                                                       actment of this Act, the Commissioner of               bases of a country are accurate, up to date,
                                                 (b) RESTRICTION ON NONGOVERNMENTAL OR-
                                                                                                       U.S. Customs and Border Protection shall               digitized, searchable, and otherwise meet the
                                               GANIZATION SUPPORT FOR UNLAWFUL ACTIV-
                                                                                                       publish on a publicly available website of the         standards of the Federal Bureau of Investiga-
                                               ITY.—No funds are authorized to be appro-
                                                                                                       Department of Homeland Security informa-               tion for criminal history databases main-
                                               priated to the Department for disbursement
                                                                                                       tion for the immediately preceding month               tained by State and local governments.
                                               to any nongovernmental organization that
                                                                                                       relating to—                                             (c) CERTIFICATION.—The Secretary shall an-
                                               facilitates or encourages unlawful activity,
                                                                                                          (1) the total number of alien encounters            nually submit a certification to the congres-
                                               including unlawful entry, human trafficking,
                                                                                                       and nationalities;                                     sional committees listed in subsection (a)
                                               human smuggling, drug trafficking, and drug
                                                                                                          (2) unique alien encounters and nationali-          that each database referred to in subsection
                                               smuggling.
                                                                                                       ties;                                                  (b) that the Secretary accessed or sought to
                                                 (c) RESTRICTION ON NONGOVERNMENTAL OR-                   (3) gang affiliated apprehensions and na-
                                               GANIZATION FACILITATION OF ILLEGAL IMMI-
                                                                                                                                                              access pursuant to this section met the
                                                                                                       tionalities;                                           standards described in subsection (b).
                                               GRATION.—No funds are authorized to be ap-
                                                                                                          (4) drug seizures;                                  SEC. 520. PROHIBITED IDENTIFICATION DOCU-
                                               propriated to the Department for disburse-                 (5) alien encounters included in the ter-                      MENTS    AT   AIRPORT    SECURITY
                                               ment to any nongovernmental organization                rorist screening database and nationalities;                      CHECKPOINTS; NOTIFICATION TO
                                               to provide, or facilitate the provision of,                (6) arrests of criminal aliens or individuals                  IMMIGRATION AGENCIES.
                                               transportation, lodging, or immigration                 wanted by law enforcement and nationali-                 (a) DEFINITIONS.—In this section:
                                               legal services to inadmissible aliens who               ties;                                                    (1) ADMINISTRATOR.—The term ‘‘Adminis-
                                               enter the United States after the date of the              (7) known got aways;                                trator’’ means the Administrator of the
                                               enactment of this Act.                                     (8) encounters with deceased aliens; and            Transportation Security Administration.
                                               SEC. 516. COLLECTION OF DNA AND BIOMETRIC                  (9) all other related or associated statistics        (2) BIOMETRIC INFORMATION.—The term ‘‘bi-
                                                           INFORMATION AT THE BORDER.                  recorded by U.S. Customs and Border Protec-            ometric information’’ means—
                                                 Not later than 14 days after the date of the          tion.                                                    (A) a fingerprint;




SSpencer on DSK126QN23PROD with SENATE
                                               enactment of this Act, the Secretary shall                 (c) CONTENTS.—Each monthly publication                (B) a palm print;
                                               ensure and certify to the Committee on                  required under subsection (b) shall include—             (C) a photograph, including—
                                               Homeland Security and Governmental Af-                     (1) the aggregate such number, and such               (i) a photograph of an individual’s face for
                                               fairs of the Senate and the Committee on                number disaggregated by geographic regions,            use with facial recognition technology; and
                                               Homeland Security of the House of Rep-                  of such recordings and encounters, including             (ii) a photograph of any physical or ana-
                                               resentatives that CBP is fully compliant                specifications relating to whether such re-            tomical feature, such as a scar, skin mark,
                                               with Federal DNA and biometric collection               cordings and encounters were at the south-             or tattoo;
                                               requirements at United States land borders.             west, northern, or maritime border;                      (D) a signature;




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00057   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1914                                             CONGRESSIONAL RECORD — SENATE                                                           June 1, 2023
                                                 (E) a voice print; and                                  (c) NOTIFICATION TO IMMIGRATION AGEN-                SEC. 522. U.S. CUSTOMS AND BORDER PROTEC-
                                                 (F) an iris image.                                    CIES.—If an individual presents a prohibited                       TION ONE MOBILE APPLICATION
                                                 (3) COVERED IDENTIFICATION DOCUMENT.—                 identification document to a Transportation                        LIMITATION.
                                               The term ‘‘covered identification document’’            Security Administration officer at an airport            (a) LIMITATION.—The Department may use
                                               means a valid and unexpired—                            security checkpoint, the Administrator shall           the CBP One Mobile Application or any
                                                 (A) United States passport or passport                promptly notify the Director of U.S. Immi-             other similar program, application, internet-
                                               card;                                                   gration and Customs Enforcement, the Di-               based portal, website, device, or initiative
                                                 (B) biometrically secure card issued by a             rector of U.S. Customs and Border Protec-              only for the inspection of perishable cargo.
                                               trusted traveler program of the Department,             tion, and the head of the appropriate local              (b) REPORT.—Not later than 60 days after
                                               including—                                              law enforcement agency to determine wheth-             the date of the enactment of this Act, the
                                                 (i) Global Entry;                                     er the individual is in violation of any term          Commissioner shall submit a report to the
                                                 (ii) Nexus;                                           of release from the custody of any such agen-          Committee on Homeland Security and Gov-
                                                 (iii) Secure Electronic Network for Trav-             cy.                                                    ernmental Affairs of the Senate and the
                                               elers Rapid Inspection (SENTRI); and                      (d) ENTRY INTO STERILE AREAS.—                       Committee on Homeland Security of the
                                                 (iv) Free and Secure Trade (FAST);                      (1) IN GENERAL.—Except as provided in                House of Representatives regarding—
                                                 (C) identification card issued by the De-             paragraph (2), if an individual is found to be           (1) the date on which CBP began using CBP
                                               partment of Defense, including such a card              in violation of any term of release under sub-         One to allow aliens to schedule interviews at
                                               issued to a dependent;                                  section (c), the Administrator may not per-            land ports of entry;
                                                 (D) document required for admission to the            mit such individual to enter a sterile area.             (2) how many aliens have scheduled inter-
                                               United States under section 211(a) of the Im-             (2) EXCEPTION.—An individual presenting a            views at land ports of entry using CBP One;
                                               migration and Nationality Act (8 U.S.C.                 prohibited identification document under                 (3) the nationalities of such aliens; and
                                               1181(a));                                               this section may enter a sterile area if the             (4) the stated final destinations of such
                                                 (E) enhanced driver’s license issued by a             individual—                                            aliens within the United States, if applica-
                                               State;                                                    (A) is leaving the United States for the             ble.
                                                 (F) photo identification card issued by a             purposes of removal or deportation; or                 SEC. 523. REPORT ON MEXICAN DRUG CARTELS.
                                               federally recognized Indian Tribe;                        (B) presents a covered identification docu-            Not later than 60 days after the date of the
                                                 (G) personal identity verification creden-            ment.                                                  enactment of this Act, Congress shall com-
                                               tial issued in accordance with Homeland Se-               (e) COLLECTION OF BIOMETRIC INFORMATION              mission a report that contains—
                                               curity Presidential Directive 12;                       FROM CERTAIN INDIVIDUALS SEEKING ENTRY                   (1) a national strategy to address Mexican
                                                 (H) driver’s license issued by a province of          INTO THE STERILE AREA OF AN AIRPORT.—                  drug cartels;
                                               Canada;                                                   (1) IN GENERAL.—Beginning not later than               (2) a determination regarding whether
                                                 (I) Secure Certificate of Indian Status               120 days after the date of the enactment of            there should be a designation established to
                                               issued by the Government of Canada;                     this Act, the Administrator shall collect bio-         address such cartels; and
                                                 (J) Transportation Worker Identification              metric information from an individual de-
                                               Credential (TWIC);                                                                                               (3) information relating to actions by such
                                                                                                       scribed in paragraph (2) before authorizing            cartels that causes harm to the United
                                                 (K) Merchant Mariner Credential (MMC)                 such individual to enter into a sterile area.
                                               issued by the Coast Guard;                                                                                     States.
                                                                                                         (2) INDIVIDUAL DESCRIBED.—An individual
                                                 (L) Veteran Health Identification Card                                                                       SEC. 524. GOVERNMENT ACCOUNTABILITY OF-
                                                                                                       described in this paragraph is an individual                      FICE STUDY ON COSTS INCURRED
                                               (VHIC) issued by the Department of Veterans             who—                                                              BY STATES TO SECURE THE SOUTH-
                                               Affairs; and                                              (A) is seeking entry into the sterile area of                   WEST BORDER.
                                                 (M) document that the Administrator de-               an airport;
                                               termines, pursuant to a rulemaking in ac-                                                                        (a) IN GENERAL.—Not later than 90 days
                                                                                                         (B) does not present a covered identifica-           after the date of the enactment of this Act,
                                               cordance with section 553 of title 5, United            tion document; and
                                               States Code, will satisfy the identity                                                                         the Comptroller General of the United States
                                                                                                         (C) the Administrator cannot verify is a             shall conduct a study to examine—
                                               verification procedures of the Transpor-                national of the United States.
                                               tation Security Administration.                                                                                  (1) the costs incurred by individual States
                                                                                                         (f) PARTICIPATION IN IDENT.—Beginning                as a result of actions taken by such States in
                                                 (4) IMMIGRATION LAWS.—The term ‘‘immi-                not later than 120 days after the date of the
                                               gration laws’’ has the meaning given such                                                                      support of the Federal mission to secure the
                                                                                                       enactment of this Act, the Administrator, in           southwest border; and
                                               term in section 101 of the Immigration and              coordination with the Secretary, shall sub-
                                               Nationality Act (8 U.S.C. 1101).                                                                                 (2) the feasibility of a program to reim-
                                                                                                       mit biometric data collected under this sec-           burse such States for such costs.
                                                 (5) PROHIBITED IDENTIFICATION DOCUMENT.—              tion to the Automated Biometric Identifica-
                                               The term ‘‘prohibited identification docu-                                                                       (b) CONTENTS.—The study required under
                                                                                                       tion System (IDENT).                                   subsection (a) shall consider—
                                               ment’’ means—                                           SEC. 521. PROHIBITION AGAINST ANY COVID–19
                                                 (A) a U.S. Immigration and Customs En-                                                                         (1) actions taken by the Department that
                                                                                                                   VACCINE MANDATE OR ADVERSE AC-
                                               forcement Form I–200, Warrant for Arrest of                         TION AGAINST DEPARTMENT OF
                                                                                                                                                              have contributed to costs described in such
                                               Alien;                                                              HOMELAND SECURITY EMPLOYEES.               subsection incurred by States to secure the
                                                 (B) a U.S. Immigration and Customs En-                  (a) LIMITATION ON IMPOSITION OF NEW MAN-             border in the absence of Federal action, in-
                                               forcement Form I–205, Warrant of Removal/               DATE.—The Secretary may not issue any                  cluding the termination of the Migrant Pro-
                                               Deportation;                                            COVID–19 vaccine mandate unless Congress               tection Protocols and cancellation of border
                                                 (C) a U.S. Immigration and Customs En-                expressly authorizes such a mandate.                   wall construction;
                                               forcement Form I–220A, Order of Release on                (b) PROHIBITION ON ADVERSE ACTION.—The                 (2) actions taken by individual States
                                               Recognizance;                                           Secretary may not take any adverse action              along the southwest border to secure their
                                                 (D) a U.S. Immigration and Customs En-                against a Department employee based solely             respective borders, and the costs associated
                                               forcement Form I–220B, Order of Super-                  on the refusal of such employee to receive a           with such actions; and
                                               vision;                                                 vaccine for COVID–19.                                    (3) the feasibility of a program within the
                                                 (E) a Department of Homeland Security                   (c) REPORT.—Not later than 90 days after             Department to reimburse States for the
                                               Form I–862, Notice to Appear;                           the date of the enactment of this Act, the             costs incurred in support of the Federal mis-
                                                 (F) a U.S. Customs and Border Protection              Secretary shall submit a report to the Com-            sion to secure the southwest border.
                                               Form I–94, Arrival/Departure Record (includ-            mittee on Homeland Security and Govern-                SEC. 525. REPORT BY INSPECTOR GENERAL OF
                                               ing a print-out of an electronic record);               mental Affairs of the Senate and the Com-                          THE DEPARTMENT OF HOMELAND
                                                                                                       mittee on Homeland Security of the House of                        SECURITY.
                                                 (G) a Department of Homeland Security
                                               Form I–385, Notice to Report;                           Representatives regarding—                               (a) ANNUAL REPORT.—Not later than 1 year
                                                 (H) any document that directs an indi-                  (1) the number of Department employees               after the date of the enactment of this Act
                                               vidual to report to the Department of Home-             who were terminated or resigned due to the             and annually thereafter for the following 5
                                               land Security;                                          COVID–19 vaccine mandate;                              years, the Inspector General of the Depart-
                                                 (I) any Department of Homeland Security                 (2) an estimate of the cost to reinstate             ment shall submit a report to the Committee
                                               work      authorization     or    employment            such employees; and                                    on Homeland Security and Governmental Af-
                                               verification document; and                                (3) how the Department would effectuate              fairs of the Senate and the Committee on
                                                 (J) any applicable successor form to any              reinstatement of such employees.                       Homeland Security of the House of Rep-
                                                                                                         (d) RETENTION AND DEVELOPMENT OF                     resentatives that examines the economic and




SSpencer on DSK126QN23PROD with SENATE
                                               form listed in subparagraphs (A) through (I).
                                                 (6) STERILE AREA.—The term ‘‘sterile area’’           UNVACCINATED EMPLOYEES.—The Secretary                  security impact of mass migration to mu-
                                               has the meaning given such term in section              shall make every effort—                               nicipalities and States along the southwest
                                               1540.5 of title 49, Code of Federal Regula-               (1) to retain Department employees who               border.
                                               tions, or in any successor regulation.                  are not vaccinated against COVID–19; and                 (b) CONTENTS.—Each report required under
                                                 (b) IN GENERAL.—The Administrator may                   (2) to provide such employees with profes-           subsection (a) shall include information re-
                                               not accept as valid proof of identification a           sional development, promotion, leadership              garding costs incurred by—
                                               prohibited identification document at an air-           opportunities, and consideration equal to                (1) State and local law enforcement to se-
                                               port security checkpoint.                               that of their peers.                                   cure the southwest border;




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00058   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1915
                                                 (2) public school districts to educate stu-           ney General or the Secretary of Homeland               tion), and is eligible to apply for asylum
                                               dents who are aliens unlawfully present in              Security determines that—’’;                           under     subsection  (a)’’ after  ‘‘section
                                               the United States;                                        (2) by striking ‘‘the alien may be removed,          101(a)(42)(A)’’.
                                                 (3) healthcare providers to provide care to           pursuant to a bilateral or multilateral agree-         SEC. 534. EXCEPTIONS.
                                               aliens unlawfully present in the United                 ment,’’ and inserting the following:                     Section 208(b)(2) of the Immigration and
                                               States who have not paid for such care; and               ‘‘(i) the alien may be removed’’;                    Nationality Act (8 U.S.C. 1158(b)(2)) is
                                                 (4) farmers and ranchers due to migration               (3) by inserting ‘‘or the Secretary, on a            amended to read as follows:
                                               impacts to their properties.                            case by case basis,’’ before ‘‘finds that’’;             ‘‘(2) EXCEPTIONS.—
                                                 (c) CONSULTATION.—In compiling the report               (4) by striking the period at the end and in-          ‘‘(A) DEFINITIONS.—In this paragraph:
                                               required under subsection (a), the Inspector            serting ‘‘; or’’; and                                    ‘‘(i) BATTERY OR EXTREME CRUELTY.—The
                                               General of the Department shall consult                   (5) by adding at the end the following:              term ‘battery or extreme cruelty’ includes—
                                               with the individuals and representatives of               ‘‘(ii) the alien entered, attempted to enter,          ‘‘(I) any act or threatened act of violence,
                                               the entities described in paragraphs (1)                or arrived in the United States after                  including any forceful detention, which re-
                                               through (4) of subsection (b).                          transiting through at least one country out-           sults or threatens to result in physical or
                                               SEC. 526. OFFSETTING AUTHORIZATIONS OF AP-              side the alien’s country of citizenship, na-           mental injury;
                                                           PROPRIATIONS.                               tionality, or last lawful habitual residence             ‘‘(II) psychological or sexual abuse or ex-
                                                 (a) INTELLIGENCE, ANALYSIS, AND SITUA-                en route to the United States, unless—
                                                                                                                                                              ploitation, including rape, molestation, in-
                                               TIONAL AWARENESS.—There is authorized to                  ‘‘(I) the alien demonstrates that he or she
                                                                                                                                                              cest, or forced prostitution, shall be consid-
                                               be appropriated $216,000,000 for Intelligence,          applied for protection from persecution or
                                                                                                                                                              ered acts of violence; and
                                               Analysis, and Situational Awareness of the              torture in at least one country outside the
                                                                                                                                                                ‘‘(III) other abusive acts, including acts
                                               Department.                                             alien’s country of citizenship, nationality, or
                                                                                                                                                              that, in and of themselves, may not initially
                                                 (b) OFFICE OF THE SECRETARY AND EMER-                 last lawful habitual residence through which
                                                                                                                                                              appear violent, but that are a part of an
                                               GENCY MANAGEMENT.—No funds are author-                  the alien transited en route to the United
                                                                                                                                                              overall pattern of violence.
                                               ized to be appropriated—                                States, and the alien received a final judg-
                                                                                                                                                                ‘‘(ii) FELONY.—The term ‘felony’ means—
                                                 (1) to U.S. Immigration and Customs En-               ment denying the alien protection in each
                                                                                                                                                                ‘‘(I) any crime defined as a felony by the
                                               forcement for the Alternatives to Detention             country;
                                                                                                         ‘‘(II) the alien demonstrates that he or she         relevant jurisdiction (Federal, State, tribal,
                                               Case Management Pilot Program; or                                                                              or local) of conviction; or
                                                 (2) to the Office of the Secretary of the De-         was—
                                                                                                         ‘‘(aa) a victim of a severe form of traf-              ‘‘(II) any crime punishable by more than
                                               partment for the Immigration Detention                                                                         one year of imprisonment.
                                               Ombudsman.                                              ficking in which—
                                                                                                         ‘‘(AA) a commercial sex act was induced by             ‘‘(iii)   MISDEMEANOR.—The        term   ‘mis-
                                                 (c) MANAGEMENT DIRECTORATE.—No funds                                                                         demeanor’ means—
                                               are authorized to be appropriated to the                force, fraud, or coercion;
                                                                                                         ‘‘(BB) the person induced to perform such              ‘‘(I) any crime defined as a misdemeanor
                                               Management Directorate of the Department                                                                       by the relevant jurisdiction (Federal, State,
                                               for electric vehicles or the construction of            act was younger than 18 years of age; or
                                                                                                         ‘‘(CC) the trafficking included the recruit-         tribal, or local) of conviction; or
                                               the St. Elizabeths Campus.                                                                                       ‘‘(II) any crime not punishable by more
                                                 (d) U.S. CUSTOMS AND BORDER PROTEC-                   ment, harboring, transportation, provision,
                                                                                                       or obtaining of a person for labor or services         than 1 year of imprisonment.
                                               TION.—No funds are authorized to be appro-                                                                       ‘‘(B) IN GENERAL.—Paragraph (1) shall not
                                               priated for the Shelter Services Program for            through the use of force, fraud, or coercion
                                                                                                       for the purpose of subjection to involuntary           apply to an alien if the Secretary of Home-
                                               U.S. Customs and Border Protection.                                                                            land Security or the Attorney General deter-
                                                                                                       servitude, peonage, debt bondage, or slavery;
                                               SEC. 527. REPORT TO CONGRESS ON FOREIGN                                                                        mines that—
                                                          TERRORIST ORGANIZATIONS.                     and
                                                                                                         ‘‘(bb) unable to apply for protection from             ‘‘(i) the alien ordered, incited, assisted, or
                                                 (a) DEFINED TERM.—In this section, the                                                                       otherwise participated in the persecution of
                                                                                                       persecution in each country through which
                                               term ‘‘foreign terrorist organization’’ means                                                                  any person on account of race, religion, na-
                                                                                                       the alien transited en route to the United
                                               an organization described in section 219 of                                                                    tionality, membership in a particular social
                                                                                                       States as a result of such severe form of traf-
                                               the Immigration and Nationality Act (8                                                                         group, or political opinion;
                                                                                                       ficking; or
                                               U.S.C. 1189).                                                                                                    ‘‘(ii) the alien has been convicted of any
                                                 (b) IN GENERAL.—Not later than 90 days                  ‘‘(III) the only countries through which the
                                                                                                       alien transited en route to the United States          felony under Federal, State, tribal, or local
                                               after the date of the enactment of this Act,                                                                   law;
                                               and annually thereafter for the following 5             were, at the time of the transit, not parties
                                                                                                       to the 1951 United Nations Convention relat-             ‘‘(iii) the alien has been convicted of any
                                               years, the Secretary shall submit a report to                                                                  misdemeanor offense under Federal, State,
                                               the Committee on Homeland Security and                  ing to the Status of Refugees, the 1967 Pro-
                                                                                                       tocol Relating to the Status of Refugees, or           tribal, or local law involving—
                                               Governmental Affairs of the Senate and the                                                                       ‘‘(I) the unlawful possession or use of an
                                               Committee on Homeland Security of the                   the United Nations Convention against Tor-
                                                                                                       ture and Other Cruel, Inhuman or Degrading             identification document, authentication fea-
                                               House of Representatives that assesses at-                                                                     ture, or false identification document (as
                                               tempts by foreign terrorist organizations to            Treatment or Punishment.’’.
                                                                                                       SEC. 532. CREDIBLE FEAR INTERVIEWS.
                                                                                                                                                              those terms and phrases are defined in the
                                               move their members or affiliates into the                                                                      jurisdiction where the conviction occurred),
                                               United States through the southern, north-                Section 235(b)(1)(B)(v) of the Immigration
                                                                                                       and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v))        unless the alien can establish that the con-
                                               ern, or maritime border.                                                                                       viction resulted from circumstances showing
                                                                                                       is amended by striking ‘‘there is a signifi-
                                               SEC. 528. ASSESSMENT BY INSPECTOR GENERAL                                                                      that—
                                                                                                       cant possibility’’ and all that follows, and in-
                                                           OF THE DEPARTMENT OF HOME-                                                                           ‘‘(aa) the document or feature was pre-
                                                           LAND SECURITY REGARDING THE                 serting ‘‘, taking into account the credibility
                                                                                                       of the statements made by the alien in sup-            sented before boarding a common carrier;
                                                           MITIGATION OF UNMANNED AIR-
                                                           CRAFT SYSTEMS AT THE SOUTH-                 port of the alien’s claim, as determined pur-            ‘‘(bb) the document or feature related to
                                                           WEST BORDER.                                suant to section 208(b)(1)(B)(iii), and such           the alien’s eligibility to enter the United
                                                 Not later than 90 days after the date of the          other facts as are known to the officer, the           States;
                                               enactment of this Act, the Inspector General            alien more likely than not could establish               ‘‘(cc) the alien used the document or fea-
                                               of the Department shall submit a report to              eligibility for asylum under section 208, and          ture to depart a country wherein the alien
                                               the Committee on Homeland Security and                  it is more likely than not that the state-             has claimed a fear of persecution; and
                                               Governmental Affairs of the Senate and the              ments made by, and on behalf of, the alien in            ‘‘(dd) the alien claimed a fear of persecu-
                                               Committee on Homeland Security of the                   support of the alien’s claim are true.’’.              tion without delay upon presenting himself
                                               House of Representatives that assesses the              SEC. 533. CLARIFICATION OF ASYLUM ELIGI-               or herself to an immigration officer upon ar-
                                               ability of U.S. Customs and Border Protec-                         BILITY.                                     rival at a United States port of entry;
                                               tion to mitigate unmanned aircraft systems                Section 208 of the Immigration and Nation-             ‘‘(II) the unlawful receipt of a Federal pub-
                                               at the southwest border, including informa-             ality Act (8 U.S.C. 1158) is amended—                  lic benefit (as defined in section 401(c) of the
                                               tion regarding any intervention between                   (1) in subsection (a), by amending para-             Personal Responsibility and Work Oppor-
                                               January 1, 2021 and the date of the enact-              graph (1) to read as follows:                          tunity Reconciliation Act of 1996 (8 U.S.C.
                                               ment of this Act by any Federal agency af-                ‘‘(1) IN GENERAL.—Any alien who is phys-             1611(c))), from a Federal entity, or the unlaw-
                                               fecting U.S. Customs and Border Protec-                 ically present in the United States and has            ful receipt of similar public benefits from a
                                               tion’s authority to so mitigate such systems.           arrived in the United States at a port of              State, tribal, or local entity; or
                                                                                                       entry (including an alien who is brought to              ‘‘(III) possession or trafficking of a con-




SSpencer on DSK126QN23PROD with SENATE
                                                TITLE II—ASYLUM REFORM AND BORDER                      the United States after having been inter-             trolled substance or controlled substance
                                                               PROTECTION                              dicted in international or United States               paraphernalia, as such terms are defined
                                               SEC. 531. SAFE THIRD COUNTRY.                           waters), irrespective of such alien’s status,          under the law of the jurisdiction where the
                                                 Section 208(a)(2)(A) of the Immigration and           may apply for asylum in accordance with                conviction occurred, other than a single of-
                                               Nationality Act (8 U.S.C. 1158(a)(2)(A)) is             this section or, where applicable, section             fense involving possession for one’s own use
                                               amended—                                                235(b).’’; and                                         of 30 grams or less of marijuana (as mari-
                                                 (1) by striking ‘‘if the Attorney General de-           (2) in subsection (b)(1)(A), by inserting ‘‘(in      juana is defined under the law of the juris-
                                               termines that’’ and inserting ‘‘if the Attor-           accordance with the rules under this sec-              diction where the conviction occurred);




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00059   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1916                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                                 ‘‘(iv) the alien has been convicted of an of-           ‘‘(x) the alien, having been convicted by a          the crime may be considered, and the Attor-
                                               fense arising under section 274(a)(1)(A),               final judgment of a particularly serious               ney General or Secretary of Homeland Secu-
                                               274(a)(2), or 276;                                      crime, constitutes a danger to the commu-              rity is not limited to facts found by the
                                                 ‘‘(v) the alien has been convicted of a Fed-          nity of the United States;                             criminal court or provided in the underlying
                                               eral, State, tribal, or local crime that the              ‘‘(xi) there are serious reasons for believing       record of conviction.
                                               Attorney General or Secretary of Homeland               that the alien has committed a serious non-              ‘‘(III) EXCEPTION FOR VICTIMS OF DOMESTIC
                                               Security knows, or has reason to believe,               political crime outside of the United States           VIOLENCE.—An alien who was convicted of an
                                               was committed in support, promotion, or                 before arriving in the United States;                  offense described in clause (viii) or (ix) of
                                               furtherance of the activity of a criminal                 ‘‘(xii) there are reasonable grounds for re-         subparagraph (B) is not ineligible for asylum
                                               street gang (as defined under the law of the            garding the alien as a danger to the security          on that basis if the alien satisfies the cri-
                                               jurisdiction where the conviction occurred or           of the United States;                                  teria under section 237(a)(7)(A).
                                               in section 521(a) of title 18, United States              ‘‘(xiii) the alien is described in subclause           ‘‘(D) SPECIFIC CIRCUMSTANCES.—Paragraph
                                               Code);                                                  (I), (II), (III), (IV), or (VI) of section             (1) shall not apply to an alien whose claim is
                                                 ‘‘(vi) the alien has been convicted of an of-         212(a)(3)(B)(i) or section 237(a)(4)(B) (relating      based on—
                                               fense for driving while intoxicated or im-              to terrorist activity), unless, in the case only         ‘‘(i) personal animus or retribution, includ-
                                               paired, as such terms are defined under the             of an alien inadmissible under subclause (IV)          ing personal animus in which the alleged
                                               law of the jurisdiction where the conviction            of section 212(a)(3)(B)(i), the Secretary of           persecutor has not targeted, or manifested
                                               occurred (including a conviction for driving            Homeland Security or the Attorney General              an animus against, other members of an al-
                                                                                                       determines, in the Secretary’s or the Attor-           leged particular social group in addition to
                                               while under the influence of or impaired by
                                                                                                       ney General’s discretion, that there are not           the member who has raised the claim at
                                               alcohol or drugs), without regard to whether
                                                                                                       reasonable grounds for regarding the alien as          issue;
                                               the conviction is classified as a misdemeanor
                                                                                                       a danger to the security of the United                   ‘‘(ii) the applicant’s generalized dis-
                                               or felony under Federal, State, tribal, or
                                                                                                       States;                                                approval of, disagreement with, or opposi-
                                               local law, in which such intoxicated or im-
                                                                                                         ‘‘(xiv) the alien was firmly resettled in an-        tion to criminal, terrorist, gang, guerilla, or
                                               paired driving was a cause of serious bodily
                                                                                                       other country before arriving in the United            other non-state organizations absent expres-
                                               injury or death of another person;
                                                                                                       States; or                                             sive behavior in furtherance of a discrete
                                                 ‘‘(vii) the alien has been convicted of more            ‘‘(xv) there are reasonable grounds for con-         cause against such organizations related to
                                               than 1 offense for driving while intoxicated            cluding the alien could avoid persecution by           control of a State or expressive behavior
                                               or impaired, as those terms are defined under           relocating to another part of the alien’s              that is antithetical to the State or a legal
                                               the law of the jurisdiction where the convic-           country of nationality or, in the case of an           unit of the State;
                                               tion occurred (including a conviction for               alien having no nationality, another part of             ‘‘(iii) the applicant’s resistance to recruit-
                                               driving while under the influence of or im-             the alien’s country of last habitual resi-             ment or coercion by guerrilla, criminal,
                                               paired by alcohol or drugs), without regard             dence.                                                 gang, terrorist, or other non-state organiza-
                                               to whether the conviction is classified as a              ‘‘(C) SPECIAL RULES.—                                tions;
                                               misdemeanor or felony under Federal, State,               ‘‘(i) PARTICULARLY SERIOUS CRIME; SERIOUS              ‘‘(iv) the targeting of the applicant for
                                               tribal, or local law;                                   NONPOLITICAL CRIME OUTSIDE THE UNITED                  criminal activity for financial gain based on
                                                 ‘‘(viii) the alien has been convicted of a            STATES.—                                               wealth or affluence or perceptions of wealth
                                               crime—                                                    ‘‘(I) IN GENERAL.—For purposes of subpara-           or affluence;
                                                 ‘‘(I) that involves conduct amounting to a            graph (B)(x), the Attorney General or Sec-               ‘‘(v) the applicant’s criminal activity; or
                                               crime of stalking;                                      retary of Homeland Security may determine                ‘‘(vi) the applicant’s perceived, past or
                                                 ‘‘(II) of child abuse, child neglect, or child        that a conviction constitutes a particularly           present, gang affiliation.
                                               abandonment; or                                         serious crime based on—                                  ‘‘(E) CLARIFICATIONS.—
                                                 ‘‘(III) that involves conduct amounting to              ‘‘(aa) the nature of the conviction;                   ‘‘(i) CONSTRUCTION.—For purposes of this
                                               a domestic assault or battery offense, includ-            ‘‘(bb) the type of sentence imposed; or              paragraph, whether any activity or convic-
                                               ing—                                                      ‘‘(cc) the circumstances and underlying              tion also may constitute a basis for removal
                                                 ‘‘(aa) a misdemeanor crime of domestic vi-            facts of the conviction.                               is immaterial to a determination of asylum
                                               olence, as described in section 921(a)(33) of             ‘‘(II) DETERMINATION.—In making a deter-             eligibility.
                                               title 18, United States Code;                           mination under subclause (I), the Attorney               ‘‘(ii) ATTEMPT, CONSPIRACY, OR SOLICITA-
                                                 ‘‘(bb) a crime of domestic violence, as de-           General or Secretary of Homeland Security              TION.—For purposes of this paragraph, all
                                               scribed in section 40002(a)(12) of the Violence         may consider all reliable information and              references to a criminal offense or criminal
                                               Against Women Act of 1994 (34 U.S.C.                    are not limited to facts found by the crimi-           conviction shall be deemed to include any
                                               12291(a)(12)); or                                       nal court or provided in the underlying                attempt, conspiracy, or solicitation to com-
                                                 ‘‘(cc) any crime based on conduct in which            record of conviction.                                  mit the offense or any other inchoate form of
                                               the alien harassed, coerced, intimidated, vol-            ‘‘(III) TREATMENT OF FELONIES.—In making             the offense.
                                               untarily or recklessly used (or threatened to           a determination under subclause (I), an alien            ‘‘(iii) EFFECT OF CERTAIN ORDERS.—
                                               use) force or violence against, or inflicted            who has been convicted of a felony or an ag-             ‘‘(I) IN GENERAL.—No order vacating a con-
                                               physical injury or physical pain, however               gravated felony (as defined in section                 viction, modifying a sentence, clarifying a
                                               slight, upon a person—                                  101(a)(43)), shall be considered to have been          sentence, or otherwise altering a conviction
                                                 ‘‘(AA) who is a current or former spouse of           convicted of a particularly serious crime.             or sentence shall have any effect under this
                                               the alien;                                                ‘‘(IV) INTERPOL RED NOTICE.—In making a              paragraph unless the Attorney General or
                                                 ‘‘(BB) with whom the alien shares a child;            determination under subparagraph (B)(xi),              Secretary of Homeland Security determines
                                                 ‘‘(CC) who is cohabitating with, or who has           an Interpol Red Notice may constitute reli-            that—
                                               cohabitated with, the alien as a spouse;                able evidence that the alien has committed a             ‘‘(aa) the court issuing the order had juris-
                                                 ‘‘(DD) who is similarly situated to a spouse          serious nonpolitical crime outside the                 diction and authority to do so; and
                                               of the alien under the domestic or family vi-           United States.                                           ‘‘(bb) the order was not entered for reha-
                                               olence laws of the jurisdiction where the of-             ‘‘(ii) CRIMES AND EXCEPTIONS.—                       bilitative purposes or for purposes of amelio-
                                               fense occurred; or                                        ‘‘(I) DRIVING WHILE INTOXICATED OR IM-               rating the immigration consequences of the
                                                 ‘‘(EE) who is protected from that alien’s             PAIRED.—A       finding under subparagraph             conviction or sentence.
                                               acts under the domestic or family violence              (B)(vi) does not require the Attorney General            ‘‘(II) AMELIORATING IMMIGRATION CON-
                                               laws of the United States or of any State,              or Secretary of Homeland Security to find              SEQUENCES.—For       purposes    of   subclause
                                               tribal government, or unit of local govern-             the first conviction for driving while intoxi-         (I)(bb), the order shall be presumed to be for
                                               ment;                                                   cated or impaired (including a conviction for          the purpose of ameliorating immigration
                                                 ‘‘(ix) the alien has engaged in acts of bat-          driving while under the influence of or im-            consequences if—
                                               tery or extreme cruelty upon a person and               paired by alcohol or drugs) as a predicate of-           ‘‘(aa) the order was entered after the initi-
                                               the person—                                             fense. The Attorney General or Secretary of            ation of any proceeding to remove the alien
                                                 ‘‘(I) is a current or former spouse of the            Homeland Security need only make a factual             from the United States; or
                                               alien;                                                  determination that the alien previously was              ‘‘(bb) the alien moved for the order more
                                                 ‘‘(II) shares a child with the alien;                 convicted for driving while intoxicated or             than 1 year after the later of—
                                                 ‘‘(III) cohabitates or has cohabitated with           impaired as those terms are defined under                ‘‘(AA) the date of the original order of con-
                                               the alien as a spouse;                                  the jurisdiction where the conviction oc-              viction; or




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(IV) is similarly situated to a spouse of           curred (including a conviction for driving               ‘‘(BB) the date of the original order of sen-
                                               the alien under the domestic or family vio-             while under the influence of or impaired by            tencing.
                                               lence laws of the jurisdiction where the of-            alcohol or drugs).                                       ‘‘(III) AUTHORITY OF IMMIGRATION JUDGE.—
                                               fense occurred; or                                        ‘‘(II) STALKING AND OTHER CRIMES.—In                 An immigration judge is not limited to con-
                                                 ‘‘(V) is protected from that alien’s acts             making a determination under subparagraph              sideration only of material included in any
                                               under the domestic or family violence laws              (B)(viii), including determining the existence         order vacating a conviction, modifying a
                                               of the United States or of any State, tribal            of a domestic relationship between the alien           sentence, or clarifying a sentence to deter-
                                               government, or unit of local government;                and the victim, the underlying conduct of              mine whether such order should be given any




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00060   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                        S1917
                                               effect under this paragraph, but may con-               for employment authorization under this                   ‘‘(E) interpersonal disputes of which gov-
                                               sider such additional information as the im-            section and for an application for adjustment          ernmental authorities in the relevant soci-
                                               migration judge determines appropriate.                 of status under section 209(b). Such fees may          ety or region were unaware or uninvolved;
                                                 ‘‘(F) ADDITIONAL LIMITATIONS.—The Sec-                not exceed the costs of processing and adju-              ‘‘(F) private criminal acts of which govern-
                                               retary of Homeland Security or the Attorney             dicating such applications.                            mental authorities in the relevant society or
                                               General may by regulation establish addi-                 ‘‘(C) PAYMENT.—Fees under this paragraph             region were unaware or uninvolved;
                                               tional limitations and conditions, consistent           may be assessed and paid by installments.                 ‘‘(G) past or present terrorist activity or
                                               with this section, under which an alien shall             ‘‘(D) RULE OF CONSTRUCTION.—Nothing in               association;
                                               be ineligible for asylum under paragraph (1).           this paragraph may be construed to limit the              ‘‘(H) past or present persecutory activity
                                                 ‘‘(G) NO JUDICIAL REVIEW.—There shall be              authority of the Attorney General or the               or association; or
                                               no judicial review of a determination of the            Secretary of Homeland Security to set adju-               ‘‘(I) status as an alien returning from the
                                               Secretary of Homeland Security or the At-               dication and naturalization fees in accord-            United States.
                                               torney        General  under   subparagraph             ance with section 286(m).’’.                              ‘‘(3) POLITICAL OPINION.—The Secretary of
                                               (B)(xiii).’’.                                                                                                  Homeland Security or the Attorney General
                                               SEC. 535. EMPLOYMENT AUTHORIZATION.                     SEC. 537. RULES FOR DETERMINING ASYLUM ELI-
                                                                                                                   GIBILITY.                                  may not determine that an alien holds a po-
                                                 Section 208(d)(2) of the Immigration and                                                                     litical opinion with respect to which the
                                               Nationality Act (8 U.S.C. 1158(d)(2)) is                  Section 208 of the Immigration and Nation-           alien is subject to persecution if the political
                                               amended to read as follows:                             ality Act (8 U.S.C. 1158), as amended by sec-          opinion is constituted solely by generalized
                                                 ‘‘(2) EMPLOYMENT AUTHORIZATION.—                      tion 531 and sections 533 through 536, is fur-         disapproval of, disagreement with, or opposi-
                                                 ‘‘(A) AUTHORIZATION PERMITTED.—An appli-              ther amended by adding at the end the fol-             tion to criminal, terrorist, gang, guerilla, or
                                               cant for asylum is not entitled to employ-              lowing:                                                other non-state organizations and does not
                                               ment authorization, but such authorization
                                                                                                         ‘‘(f) RULES FOR DETERMINING ASYLUM ELIGI-            include expressive behavior in furtherance of
                                               may be provided under regulation by the
                                                                                                       BILITY.—                                               a cause against such organizations related to
                                               Secretary of Homeland Security. An appli-
                                                                                                         ‘‘(1) DEFINITIONS.—In this subsection:               efforts by the State to control such organiza-
                                               cant who is not otherwise eligible for em-
                                                                                                         ‘‘(A) MEMBERSHIP IN A PARTICULAR SOCIAL              tions or behavior that is antithetical to or
                                               ployment authorization shall not be granted
                                                                                                       GROUP.—The term ‘membership in a par-                  otherwise opposes the ruling legal entity of
                                               such authorization before the date that is 180
                                                                                                       ticular social group’ means membership in a            the State or a unit of such State.
                                               days after the date on which the alien filed
                                                                                                       group that is—                                            ‘‘(4)    PERSECUTION.—The       Secretary    of
                                               an application for asylum.
                                                                                                         ‘‘(i) composed of members who share a                Homeland Security or the Attorney General
                                                 ‘‘(B) TERMINATION.—Each employment au-
                                               thorization granted pursuant to subpara-                common immutable characteristic;                       may not determine that an alien has been
                                               graph (A), and any renewal or extension of                ‘‘(ii) defined with particularity; and               subject to persecution or has a well-founded
                                               such authorization, shall be valid until the              ‘‘(iii) socially distinct within the society in      fear of persecution based only on—
                                               earlier of—                                             question.                                                 ‘‘(A) the existence of laws or government
                                                 ‘‘(i) the date that is 6 months after such              ‘‘(B) PERSECUTION.—The term ‘persecu-                policies that are unenforced or infrequently
                                               authorization, renewal, or extension;                   tion’—                                                 enforced, unless there is credible evidence
                                                 ‘‘(ii) the date on which the asylum applica-            ‘‘(i) means the infliction of a severe level         that such a law or policy has been or would
                                               tion is denied by an asylum officer, unless             of harm constituting an exigent threat by              be applied to the applicant personally; or
                                               the case is referred to an immigration judge;           the government of a country or by persons or              ‘‘(B) the conduct of rogue foreign govern-
                                                 ‘‘(iii) the date that is 30 days after the date       an organization that the government was un-            ment officials acting outside the scope of
                                               on which an immigration judge denies an                 able or unwilling to control; and                      their official capacity.
                                               asylum application, unless the alien timely               ‘‘(ii) does not include—                                ‘‘(5) DISCRETIONARY DETERMINATION.—
                                               appeals to the Board of Immigration Ap-                   ‘‘(I) generalized harm or violence that                 ‘‘(A) ADVERSE DISCRETIONARY FACTORS.—
                                               peals; or                                               arises out of civil, criminal, or military             The Secretary of Homeland Security or the
                                                 ‘‘(iv) the date on which the Board of Immi-           strife in a country;                                   Attorney General may only grant asylum to
                                               gration Appeals denies an appeal of a denial              ‘‘(II) all treatment that the United States          an alien if the alien establishes that he or
                                               of an asylum application.                               regards as unfair, offensive, unjust, unlawful,        she warrants a favorable exercise of discre-
                                                 ‘‘(C) RENEWAL.—The Secretary of Home-                 or unconstitutional;                                   tion. In making such a determination, the
                                               land Security may not grant, renew, or ex-                ‘‘(III) intermittent harassment, including           Attorney General or the Secretary of Home-
                                               tend employment authorization to an alien if            brief detentions;                                      land Security shall consider, if applicable, an
                                               the alien was previously granted employ-                  ‘‘(IV) threats with no actual effort to carry        alien’s use of fraudulent documents to enter
                                               ment authorization under subparagraph (A),              out the threats, except that particularized            the United States, unless the alien arrived in
                                               and the employment authorization was ter-               threats of severe harm of an immediate and             the United States by air, sea, or land di-
                                               minated pursuant to a circumstance de-                  menacing nature made by an identified enti-            rectly from the applicant’s home country
                                               scribed in clause (ii), (iii), or (iv) of subpara-      ty may constitute persecution; or                      without transiting through any other coun-
                                               graph (B) unless a Federal court of appeals               ‘‘(V) nonsevere economic harm or property            try.
                                               remands the alien’s case to the Board of Im-            damage.                                                   ‘‘(B) FAVORABLE EXERCISE OF DISCRETION
                                               migration Appeals.                                        ‘‘(C) POLITICAL OPINION.—The term ‘polit-            NOT PERMITTED.—Except as provided in sub-
                                                 ‘‘(D) INELIGIBILITY.—The Secretary of                 ical opinion’ means an ideal or conviction in          paragraph (C), the Attorney General or the
                                               Homeland Security may not grant employ-                 support of the furtherance of a discrete cause         Secretary of Homeland Security may not fa-
                                               ment authorization to an alien under this               related to political control of a state or a           vorably exercise discretion under this sec-
                                               paragraph if the alien—                                 unit thereof.                                          tion for any alien who—
                                                 ‘‘(i) is ineligible for asylum under sub-               ‘‘(2) PARTICULAR SOCIAL GROUP.—In making                ‘‘(i) has accrued more than 1 year of unlaw-
                                               section (b)(2)(A); or                                   a determination under subsection (b)(1)(A)             ful presence in the United States (as defined
                                                 ‘‘(ii) entered or attempted to enter the              with respect to whether an alien is a refugee          in clauses (ii) and (iii) of section 212(a)(9)(B)),
                                               United States at a place and time other than            within the meaning of section 101(a)(42)(A),           before filing an application for asylum;
                                               lawfully through a United States port of                the Secretary of Homeland Security or the                 ‘‘(ii) at the time the asylum application is
                                               entry.’’.                                               Attorney General may not determine that an             filed with the immigration court or is re-
                                               SEC. 536. ASYLUM FEES.                                  alien is a member of a particular social               ferred from the Department of Homeland Se-
                                                 Section 208(d)(3) of the Immigration and              group unless the alien articulates on the              curity—
                                               Nationality Act (8 U.S.C. 1158(d)(3)) is                record, or provides a basis on the record for             ‘‘(I) has failed to timely file (or timely file
                                               amended to read as follows:                             determining, the definition and boundaries             a request for an extension of time to file)
                                                 ‘‘(3) FEES.—                                          of the alleged particular social group, estab-         any required Federal, State, or local income
                                                 ‘‘(A) APPLICATION FEE.—                               lishes that the particular social group exists         tax returns;
                                                 ‘‘(i) IN GENERAL.—Except as provided in               independently from the alleged persecution,               ‘‘(II) has failed to satisfy any outstanding
                                               clause (ii), the Secretary of Homeland Secu-            and establishes that the alien’s claim of              Federal, State, or local tax obligations; or
                                               rity shall impose a fee for each application            membership in a particular social group does              ‘‘(III) earned income that would result in
                                               for asylum that—                                        not involve—                                           tax liability under section 1 of the Internal
                                                 ‘‘(I) except as provided in subclause (II), is          ‘‘(A) past or present criminal activity or           Revenue Code of 1986 and that was not re-
                                               not less than $50; and                                  association (including gang membership);               ported to the Internal Revenue Service;




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(II) does not exceed the cost of adjudi-              ‘‘(B) presence in a country with generalized            ‘‘(iii) has had 2 or more prior asylum appli-
                                               cating the application.                                 violence or a high crime rate;                         cations denied for any reason;
                                                 ‘‘(ii) WAIVER.—The fee under clause (i)                 ‘‘(C) being the subject of a recruitment ef-            ‘‘(iv) has withdrawn a prior asylum appli-
                                               shall be waived for an application filed on             fort by criminal, terrorist, or persecutory            cation with prejudice or been found to have
                                               behalf of an unaccompanied alien child in               groups;                                                abandoned a prior asylum application;
                                               proceedings under section 240.                            ‘‘(D) the targeting of the applicant for                ‘‘(v) failed to attend an interview regarding
                                                 ‘‘(B) EMPLOYMENT AUTHORIZATION.—Sepa-                 criminal activity for financial gain based on          his or her asylum application with the De-
                                               rate fees may be imposed for an application             perceptions of wealth or affluence;                    partment of Homeland Security, unless the




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00061   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1918                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               alien shows by a preponderance of the evi-              legal immigration status (including asylee,            knowingly filed the application solely or in
                                               dence that—                                             refugee, or similar status, but excluding the          part—
                                                  ‘‘(I) exceptional circumstances prevented            status of a tourist); or                                 ‘‘(I) to delay removal from the United
                                               the alien from attending the interview; or                ‘‘(III) resided in such a country and could          States;
                                                  ‘‘(II) the interview notice was not mailed           have applied for and obtained an immigra-                ‘‘(II) to seek employment authorization as
                                               to the last address provided by the alien or            tion status described in subclause (II);               an applicant for asylum pursuant to regula-
                                               the alien’s representative and neither the                ‘‘(B) the alien physically resided volun-            tions issued pursuant to paragraph (2); or
                                               alien nor the alien’s representative received           tarily, and without continuing to suffer per-            ‘‘(III) to seek issuance of a Notice to Ap-
                                               notice of the interview; or                             secution or torture, in any country for 1 year         pear in order to pursue Cancellation of Re-
                                                  ‘‘(vi) was subject to a final order of re-           or more after departing his or her country of          moval under section 240A(b); or
                                               moval, deportation, or exclusion and did not            nationality or last habitual residence and be-           ‘‘(ii) any of the material elements in the
                                               file a motion to reopen to seek asylum based            fore arriving in or entering into the United           application are knowingly fabricated.
                                               on changed country conditions within one                States, except for any time spent in Mexico              ‘‘(C) SUFFICIENT OPPORTUNITY TO CLARIFY.—
                                               year of the change in country conditions.               by an alien who is not a native or citizen of          An application may not be determined to be
                                                  ‘‘(C) EXCEPTIONS.—Notwithstanding sub-               Mexico solely as a direct result of being re-          frivolous unless the Secretary of Homeland
                                               paragraph (B), if there are 1 or more of the            turned to Mexico pursuant to section                   Security or the Attorney General is satisfied
                                               adverse discretionary factors described in              235(b)(3) or of being subject to metering; or          that the applicant, during the course of the
                                               such subparagraph (B), the Attorney General               ‘‘(C) the alien—                                     proceedings, has had sufficient opportunity
                                               or the Secretary of Homeland Security, may                ‘‘(i) is a citizen of a country other than the       to clarify any discrepancies or implausible
                                               favorably exercise discretion under section             country in which the alien alleges a fear of           aspects of his or her claim.
                                               208—                                                    persecution, or was a citizen of such a coun-            ‘‘(D) WITHHOLDING OF REMOVAL NOT PRE-
                                                  ‘‘(i) in extraordinary circumstances, such           try in the case of an alien who renounces              CLUDED.—For purposes of this section, a find-
                                               as those involving national security or for-            such citizenship; and                                  ing that an alien filed a frivolous asylum ap-
                                               eign policy considerations; or                            ‘‘(ii) was present in such country after de-         plication shall not preclude the alien from
                                                  ‘‘(ii) if the alien, by clear and convincing         parting his or her country of nationality or           seeking withholding of removal under sec-
                                               evidence, demonstrates that the denial of the           last habitual residence and before arriving in         tion 241(b)(3) or protection under the United
                                               application for asylum would result in excep-           or entering into the United States.                    Nations Convention against Torture and
                                               tional and extremely unusual hardship to                  ‘‘(2) BURDEN OF PROOF.—If an immigration             Other Cruel, Inhuman or Degrading Treat-
                                               the alien.                                              judge determines pursuant to paragraph (1)             ment or Punishment, done at New York De-
                                                  ‘‘(6) LIMITATION.—                                   that an alien has firmly resettled in another          cember 10, 1984.’’.
                                                  ‘‘(A) IN GENERAL.—If the Secretary of                country, the alien shall bear the burden of
                                                                                                       proving the bar does not apply.                        SEC. 540. TECHNICAL AMENDMENTS.
                                               Homeland Security or the Attorney General
                                               determines that an alien fails to satisfy the             ‘‘(3) FIRM RESETTLEMENT OF PARENT.—An                   Section 208 of the Immigration and Nation-
                                               requirement under paragraph (2), the alien              alien shall be presumed to have been firmly            ality Act (8 U.S.C. 1158), as amended by sec-
                                               may not—                                                resettled in another country if—                       tion 531 and sections 533 through 539, is fur-
                                                                                                         ‘‘(A) the alien’s parent was firmly resettled        ther amended—
                                                  ‘‘(i) be granted asylum based on member-
                                                                                                       in another country;                                       (1) in subsection (a)—
                                               ship in a particular social group or
                                                                                                         ‘‘(B) the parent’s resettlement occurred be-            (A) in paragraph (2)(D), by inserting ‘‘the
                                                  ‘‘(ii) appeal the determination of the Sec-
                                                                                                       fore the alien attained 18 years of age; and           Secretary of Homeland Security or’’ before
                                               retary or the Attorney General, as applica-
                                                                                                         ‘‘(C) the alien resided with such parent at          ‘‘the Attorney General’’; and
                                               ble.
                                                                                                       the time of the firm resettlement, unless the             (B) in paragraph (3), by inserting ‘‘the Sec-
                                                  ‘‘(B) NO BASIS FOR MOTION TO REOPEN OR RE-
                                                                                                       alien establishes that he or she could not             retary of Homeland Security or’’ before ‘‘the
                                               CONSIDER.—A determination under this para-
                                                                                                       have derived any permanent legal immigra-              Attorney General’’;
                                               graph shall not serve as the basis for any
                                                                                                       tion status or any nonpermanent, but indefi-              (2) in subsection (c)—
                                               motion to reopen or reconsider an applica-
                                                                                                       nitely renewable, legal immigration status                (A) in paragraph (1), by striking ‘‘Attorney
                                               tion for asylum or withholding of removal
                                                                                                       (including asylum, refugee, or similar status,         General’’ each place such term appears and
                                               for any reason, including a claim of ineffec-
                                                                                                       but excluding the status of a tourist) from            inserting ‘‘Secretary of Homeland Security’’;
                                               tive assistance of counsel, unless the alien—
                                                                                                       the alien’s parent.’’.                                    (B) in paragraph (2), in the matter pre-
                                                  ‘‘(i) complies with the procedural require-
                                                                                                       SEC. 539. NOTICE CONCERNING FRIVOLOUS ASY-             ceding subparagraph (A), by inserting ‘‘the
                                               ments for such a motion; and                                        LUM APPLICATIONS.
                                                  ‘‘(ii) demonstrates that counsel’s failure to                                                               Secretary of Homeland Security or’’ before
                                                                                                         (a) IN GENERAL.—Section 208(d)(4) of the             ‘‘the Attorney General’’; and
                                               define, or provide a basis for defining, a for-         Immigration and Nationality Act (8 U.S.C.
                                               mulation of a particular social group was not                                                                     (C) in paragraph (3), by inserting ‘‘the Sec-
                                                                                                       1158(d)(4)) is amended—                                retary of Homeland Security or’’ before ‘‘the
                                               a strategic choice and constituted egregious               (1) in the matter preceding subparagraph
                                               conduct.                                                                                                       Attorney General’’; and
                                                                                                       (A), by inserting ‘‘the Secretary of Homeland             (3) in subsection (d)—
                                                  ‘‘(7) STEREOTYPES.—Evidence offered in               Security or’’ before ‘‘the Attorney General’’;
                                               support of an application for asylum that                                                                         (A) in paragraph (1), by inserting ‘‘Sec-
                                                                                                          (2) in subparagraph (A), by striking ‘‘and of       retary of Homeland Security or the’’ before
                                               promotes cultural stereotypes about a coun-             the consequences, under paragraph (6), of
                                               try, its inhabitants, or an alleged persecutor,                                                                ‘‘Attorney General’’ each place such term
                                                                                                       knowingly filing a frivolous application for           appears; and
                                               including stereotypes based on race, religion,          asylum; and’’ and inserting a semicolon;
                                               nationality, or gender, shall not be admis-                                                                       (B) in paragraph (5)—
                                                                                                          (3) in subparagraph (B), by striking the pe-           (i) in subparagraph (A)(i), by striking ‘‘At-
                                               sible in adjudicating that application, except          riod and inserting ‘‘; and’’; and
                                               that evidence that an alleged persecutor                                                                       torney General’’ and inserting ‘‘Secretary of
                                                                                                          (4) by adding at the end the following:             Homeland Security’’; and
                                               holds stereotypical views of the applicant                 ‘‘(C) ensure that a written warning appears
                                               shall be admissible.’’.                                                                                           (ii) in subparagraph (B), by inserting ‘‘Sec-
                                                                                                       on the asylum application advising the alien           retary of Homeland Security or the’’ before
                                               SEC. 538. FIRM RESETTLEMENT.                            of the consequences of filing a frivolous ap-          ‘‘Attorney General’’.
                                                 Section 208 of the Immigration and Nation-            plication and serving as notice to the alien
                                               ality Act (8 U.S.C. 1158), as amended by sec-                                                                  SEC. 541. REQUIREMENT FOR PROCEDURES RE-
                                                                                                       of the consequence of filing a frivolous appli-
                                                                                                                                                                          LATING TO CERTAIN ASYLUM APPLI-
                                               tion 531 and sections 533 through 537, is fur-          cation.’’.                                                         CATIONS.
                                               ther amended by adding at the end the fol-                 (b)    CONFORMING     AMENDMENT.—Section
                                               lowing:                                                 208(d)(6) of such Act (8 U.S.C. 1158(d)(6)) is            (a) IN GENERAL.—Not later than 30 days
                                                 ‘‘(g) FIRM RESETTLEMENT.—                             amended to read as follows:                            after the date of the enactment of this Act,
                                                 ‘‘(1) IN GENERAL.—In determining whether                 ‘‘(6) FRIVOLOUS APPLICATIONS.—                      the Attorney General shall establish proce-
                                               an alien was firmly resettled in another                   ‘‘(A) IN GENERAL.—If the Secretary of               dures to expedite the adjudication of asylum
                                               country before arriving in the United States            Homeland Security or the Attorney General              applications for aliens—
                                               under subsection (b)(2)(B)(xiv), the alien              determines that an alien has knowingly                    (1) who are subject to removal proceedings
                                               shall be considered to have firmly resettled            made a frivolous application for asylum and            under section 240 of the Immigration and Na-
                                               in another country if, after the events giving          the alien has received the notice described in         tionality Act (8 U.S.C. 1229a); and
                                               rise to the alien’s asylum claim—                       paragraph (4)(C), the alien shall be perma-               (2) who are nationals of a Western Hemi-
                                                 ‘‘(A) the alien—                                      nently ineligible for any benefits under this          sphere country sanctioned by the United




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(i) resided in a country through which the          chapter, effective as the date of the final de-        States, as described in subsection (b), as of
                                               alien transited before arriving in or entering          termination of such an application.                    January 1, 2023.
                                               the United States; and                                     ‘‘(B) CRITERIA.—An application is frivolous            (b) WESTERN HEMISPHERE COUNTRY SANC-
                                                 ‘‘(ii)(I) received or was eligible for any per-       if the Secretary of Homeland Security or the           TIONED BY THE UNITED STATES.—Subsection
                                               manent legal immigration status in that                 Attorney General determines, consistent                (a) shall only apply to an asylum application
                                               country;                                                with subparagraph (C), that—                           filed by an alien who is a national of a West-
                                                 ‘‘(II) resided in such a country with any                ‘‘(i) the application is so insufficient in         ern Hemisphere country subject to sanctions
                                               nonpermanent, but indefinitely renewable,               substance that it is clear that the applicant          pursuant to—




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00062   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                    S1919
                                                 (1) the Cuban Liberty and Democratic Soli-            role or release pursuant to section 236(a), but        shall not apply to the South Texas Family
                                               darity (LIBERTAD) Act of 1996 (22 U.S.C.                excluding as expressly authorized pursuant             Residential Center. The Secretary shall take
                                               6021 note);                                             to section 212(d)(5), return any alien arriving        all necessary steps to modify and operate the
                                                 (2) section 5 of the Reinforcing Nicaragua’s          on land from a foreign territory contiguous            South Texas Family Residential Center in
                                               Adherence to Conditions for Electoral Re-               to the United States (whether or not at a              the same manner and capability it was oper-
                                               form Act of 2021 (50 U.S.C. 1701 note); or              designated port of entry) to such territory            ating on January 20, 2021.
                                                 (3) Executive Order 13692 (80 Fed. Reg.               pending a proceeding under section 240 or a              (e) PERIODIC REPORT.—Not later than 90
                                               12747; declaring a national emergency with              review of a determination under subsection             days after the date of the enactment of this
                                               respect to the situation in Venezuela).                 (b)(1)(B)(iii)(III).                                   Act, and every 90 days thereafter until Sep-
                                                 (c) APPLICABILITY.—This section shall only              ‘‘(4) ENFORCEMENT BY STATE ATTORNEYS                 tember 30, 2027, the Secretary of Homeland
                                               apply to an alien who files an application for          GENERAL.—The attorney general of a State,              Security shall submit to the appropriate
                                               asylum after the date of the enactment of               or other authorized State officer, alleging a          congressional committees a detailed plan for
                                               this Act.                                               violation of the detention, return, or re-             and a status report regarding—
                                                     TITLE III—BORDER SAFETY AND                       moval requirements under paragraph (1), (2),             (1) compliance with the deadline under
                                                          MIGRANT PROTECTION                           or (3) that affects such State or its residents,       subsection (b);
                                               SEC. 546. INSPECTION OF APPLICANTS FOR AD-              may bring an action against the Secretary of             (2) the increase in detention capabilities
                                                           MISSION.                                    Homeland Security on behalf of the residents           required under this section—
                                                  Section 235 of the Immigration and Nation-           of the State in an appropriate United States             (A) for the 90-day period immediately pre-
                                               ality Act (8 U.S.C. 1225) is amended—                   district court to obtain appropriate injunc-           ceding the date on which such report is sub-
                                                  (1) in subsection (b)—                               tive relief.’’; and                                    mitted; and
                                                  (A) in paragraph (1)—                                  (2) by adding at the end the following:                (B) for the period beginning on the first
                                                  (i) in subparagraph (A)—                               ‘‘(e) AUTHORITY TO PROHIBIT INTRODUCTION             day of the fiscal year during which the re-
                                                  (I) in clauses (i) and (ii), by striking ‘‘sec-      OF CERTAIN ALIENS.—If the Secretary of                 port is submitted, and ending on the date on
                                               tion 212(a)(6)(C) or 212(a)(7)’’ and inserting          Homeland Security determines, in the dis-              which such report is submitted;
                                               ‘‘paragraph (6)(A), (6)(C) or (7) of section            cretion of the Secretary, that prohibiting               (3) the number of detention beds that were
                                               212(a)’’; and                                           the introduction of aliens who are inadmis-            used and the number of available detention
                                                  (II) by adding at the end the following:             sible under paragraph (6)(A), (6)(C), or (7) of        beds that were not used during—
                                                  ‘‘(iv) INELIGIBILITY FOR PAROLE.—An alien            section 212(a) at an international land or               (A) the 90-day period immediately pre-
                                               described in clause (i) or (ii) is not eligible         maritime border of the United States is nec-           ceding the date on which such report is sub-
                                               for parole except as expressly authorized               essary to achieve operational control (as de-          mitted; and
                                               under section 212(d)(5), or for parole or re-           fined in section 2 of the Secure Fence Act of            (B) the period beginning on the first day of
                                               lease under section 236(a).’’; and                      2006 (8 U.S.C. 1701 note)) of such border, the         the fiscal year during which the report is
                                                  (ii) in subparagraph (B)—                            Secretary may prohibit, in whole or in part,           submitted, and ending on the date on which
                                                  (I) in clause (ii), by inserting ‘‘and may not       the introduction of such aliens at such bor-           such report is submitted;
                                               be released (including parole or release pur-           der for such period as the Secretary deter-              (4) the number of aliens released due to a
                                               suant to section 236(a), but excluding as ex-           mines is necessary for such purpose.’’.                lack of available detention beds; and
                                               pressly authorized under section 212(d)(5))                                                                      (5) the resources that the Department of
                                                                                                       SEC. 547. OPERATIONAL DETENTION FACILITIES.
                                               other than to be removed or returned to a                                                                      Homeland Security needs in order to comply
                                               country in accordance with paragraph (3).’’;              (a) DEFINED TERM.—In this section, the
                                                                                                                                                              with the requirements under this section.
                                               and                                                     term ‘‘appropriate congressional commit-                 (f) NOTIFICATION.—The Secretary of Home-
                                                  (II) in clause (iii)(IV)—                            tees’’ means—                                          land Security shall submit to Congress a de-
                                                  (aa) in the clause header by inserting ‘‘,             (1) the Committee on the Judiciary of the            tailed description of the resources the De-
                                               RETURN, OR REMOVAL’’ after ‘‘DETENTION’’;               Senate;                                                partment of Homeland Security needs in
                                               and                                                       (2) the Committee on Appropriations of the           order to detain all aliens whose detention is
                                                  (bb) by adding at the end the following:             Senate;                                                mandatory or nondiscretionary under the
                                               ‘‘The alien may not be released (including                (3) the Committee on the Judiciary of the            Immigration and Nationality Act (8 U.S.C.
                                               parole or release pursuant to section 236(a),           House of Representatives; and                          1101 et seq.)—
                                               but excluding as expressly authorized pursu-              (4) the Committee on Appropriations of the             (1) not later than 5 days after all U.S. Im-
                                               ant to section 212(d)(5)) other than to be re-          House of Representatives.                              migration and Customs Enforcement deten-
                                               moved or returned to a country in accord-                 (b) IN GENERAL.—Not later than September             tion facilities reach 90 percent of capacity;
                                               ance with paragraph (3).’’;                             30, 2023, the Secretary of Homeland Security,            (2) not later than 5 days after all U.S. Im-
                                                  (B) in paragraph (2)—                                using the authority granted under section              migration and Customs Enforcement deten-
                                                  (i) in subparagraph (A)—                             103(a)(11) of the Immigration and Nationality          tion facilities reach 95 percent of capacity;
                                                  (I) by striking ‘‘Subject to subparagraphs           Act (8 U.S.C. 1103(a)(11)), shall take all nec-        and
                                               (B) and (C),’’ and inserting ‘‘Subject to sub-          essary actions to reopen or restore all U.S.             (3) not later than 5 days after all U.S. Im-
                                               paragraph (B) and paragraph (3),’’; and                 Immigration and Customs Enforcement de-                migration and Customs Enforcement deten-
                                                  (II) by adding at the end the following:             tention facilities that were in operation on           tion facilities reach full capacity.
                                               ‘‘The alien may not be released (including              January 20, 2021, and subsequently closed or           TITLE IV—PREVENTING UNCONTROLLED
                                               parole or release pursuant to section 236(a),           with respect to which the use was altered,               MIGRATION FLOWS IN THE WESTERN
                                               but excluding as expressly authorized pursu-            reduced, or discontinued after January 20,               HEMISPHERE
                                               ant to section 212(d)(5)) other than to be re-          2021.
                                                                                                                                                              SEC. 551. UNITED STATES POLICY REGARDING
                                               moved or returned to a country in accord-                 (c) SPECIFIC FACILITIES.—The requirement                        WESTERN HEMISPHERE COOPERA-
                                               ance with paragraph (3).’’; and                         under subsection (b) shall include, at a min-                     TION ON IMMIGRATION AND ASY-
                                                  (ii) by striking subparagraph (C);                   imum, reopening or restoring—                                     LUM.
                                                  (C) by redesignating paragraph (3) as para-            (1) Irwin County Detention Center in Geor-              It is the policy of the United States—
                                               graph (5); and                                          gia;                                                      (1) to enter into agreements, accords, and
                                                  (D) by inserting after paragraph (2) the fol-          (2) C. Carlos Carreiro Immigration Deten-            memoranda of understanding with countries
                                               lowing:                                                 tion Center in Bristol County, Massachu-               in the Western Hemisphere—
                                                  ‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG-            setts;                                                    (A) to advance the interests of the United
                                               UOUS TO THE UNITED STATES.—                               (3) Etowah County Detention Center in                States by reducing costs associated with ille-
                                                  ‘‘(A) IN GENERAL.—The Secretary of Home-             Gadsden, Alabama;                                      gal immigration; and
                                               land Security may return any alien arriving               (4) Glades County Detention Center in                   (B) to protect the human capital, societal
                                               on land from a foreign territory contiguous             Moore Haven, Florida; and                              traditions, and economic growth of other
                                               to the United States (whether or not at a                 (5) South Texas Family Residential Center.           countries in the Western Hemisphere; and
                                               designated port of entry) to such territory               (d) EXCEPTION.—                                         (2) to ensure that humanitarian and devel-
                                               pending a proceeding under section 240 or a               (1) IN GENERAL.—Except as provided in                opment assistance funding aimed at reducing
                                               review of a determination under subsection              paragraphs (2) and (3), the Secretary of               illegal immigration is not expended on pro-
                                               (b)(1)(B)(iii)(III).                                    Homeland Security may obtain equivalent                grams that have not proven to reduce illegal
                                                  ‘‘(B) MANDATORY RETURN.—If the Secretary             capacity for detention facilities at locations         immigrant flows in the aggregate.
                                               of Homeland Security is unable—                         other than those listed in subsection (c).




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              SEC. 552. NEGOTIATIONS BY SECRETARY OF
                                                  ‘‘(i) to comply with statutory obligations             (2) LIMITATION.—The Secretary may not                           STATE.
                                               to detain an alien in accordance with clauses           take action under paragraph (1) unless the               (a) ALIEN DEFINED.—In this section, the
                                               (ii) and (iii)(IV) of subsection (b)(1)(B) and          capacity obtained would result in a reduc-             term ‘‘alien’’ has the meaning given such
                                               subsection (b)(2)(A); or                                tion of time and cost relative to the cost and         term in section 101(a)(3) of the Immigration
                                                  ‘‘(ii) remove an alien to a country de-              time otherwise required to obtain such ca-             and Nationality Act (8 U.S.C. 1101(a)(3)).
                                               scribed in section 208(a)(2)(A),                        pacity.                                                  (b) AUTHORIZATION TO NEGOTIATE.—
                                               the Secretary of Homeland Security shall,                 (3) SOUTH TEXAS FAMILY RESIDENTIAL CEN-                (1) IN GENERAL.—The Secretary of State
                                               without exception, including pursuant to pa-            TER.—The exception under paragraph (1)                 shall seek to negotiate agreements, accords,




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00063   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1920                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               and memoranda of understanding between                    (2) the Committee on Foreign Affairs of the          parents or legal guardians of such children,
                                               the United States, Mexico, Honduras, El Sal-            House of Representatives.                              that is located in that State, be licensed by
                                               vador, Guatemala, and other countries in the              (b) BRIEFING REQUIRED.—Not later than 90             the State or any political subdivision of the
                                               Western Hemisphere—                                     days after the date of the enactment of this           State.
                                                 (A) to enhance the cooperation and burden             Act, and not less frequently than once every             TITLE VI—PROTECTION OF CHILDREN
                                               sharing required for effective regional immi-           90 days thereafter until the date described in         SEC. 566. FINDINGS; PURPOSE.
                                               gration enforcement; and                                subsection (c), the Secretary of State, or the           (a) FINDINGS.—Congress       finds the fol-
                                                 (B) to expedite legal claims by aliens for            designee of the Secretary of State, shall pro-         lowing:
                                               asylum and the processing, detention, and               vide an in-person briefing to the appropriate            (1) Implementation of the provisions of the
                                               repatriation of foreign nationals seeking to            congressional committees regarding efforts             William Wilberforce Trafficking Victims
                                               enter the United States unlawfully.                     undertaken pursuant to the negotiation au-             Protection Reauthorization Act of 2008 (Pub-
                                                 (2)    ELEMENTS.—Agreements       negotiated          thority provided under section 552 to mon-             lic Law 110–457) that govern unaccompanied
                                               pursuant to paragraph (1) shall—                        itor, deter, and prevent illegal immigration           alien children has incentivized multiple
                                                 (A) be designed to facilitate a regional ap-          to the United States, including by—                    surges of unaccompanied alien children ar-
                                               proach to immigration enforcement;                        (1) entering into agreements, accords, and           riving at the southwest border since its en-
                                                 (B) provide that the Government of Mex-               memoranda of understanding with foreign                actment.
                                               ico—                                                    countries; and                                           (2) The provisions of the William Wilber-
                                                 (i) authorize and accept the rapid entrance             (2) using United States foreign assistance           force Trafficking Victims Protection Reau-
                                               into Mexico of nationals of countries other             to stem the root causes of migration in the            thorization Act of 2008 that govern unaccom-
                                               than Mexico who seek asylum in Mexico; and              Western Hemisphere.                                    panied alien children—
                                                 (ii) process the asylum claims of such na-              (c) TERMINATION OF MANDATORY BRIEF-                    (A) treat unaccompanied alien children
                                               tionals inside Mexico, in accordance with do-           ING.—The date described in this subsection is          from countries that are contiguous to the
                                               mestic law and international treaties and               the date on which the Secretary of State, in           United States disparately by swiftly return-
                                               conventions governing the processing of asy-            consultation with the heads of other rel-              ing them to their home country absent indi-
                                               lum claims;                                             evant Federal departments and agencies, de-            cations of trafficking or a credible fear of re-
                                                 (C) provide that the Government of Mexico             termines and certifies to the appropriate              turn; and
                                               authorize and accept—                                   congressional committees that illegal immi-              (B) allow for the release of unaccompanied
                                                 (i) the rapid entrance into Mexico of all na-         gration flows have subsided to a manageable            alien children from noncontiguous countries
                                               tionals of countries other than Mexico who              rate.                                                  into the interior of the United States, often
                                               are ineligible for asylum in Mexico and wish            TITLE V—ENSURING UNITED FAMILIES AT                    in the custody of the individuals who paid to
                                               to apply for asylum in the United States,                               THE BORDER                             smuggle them into the country.
                                               whether or not at a port of entry; and                  SEC. 561. CLARIFICATION OF STANDARDS FOR                 (3) The provisions of the William Wilber-
                                                 (ii) the continued presence of such nation-                       FAMILY DETENTION.                          force Trafficking Victims Protection Reau-
                                               als in Mexico while they wait for the adju-               (a) IN GENERAL.—                                     thorization Act of 2008 governing unaccom-
                                               dication of their asylum claims to conclude               (1) AMENDMENT.—Section 235 of the Wil-               panied alien children have enriched Mexican
                                               in the United States;                                   liam Wilberforce Trafficking Victims Pro-              drug cartels, which—
                                                 (D) provide that the Government of Mexico             tection Reauthorization Act of 2008 (8 U.S.C.            (A) receive hundreds of millions of dollars
                                               commit to provide the individuals described             1232) is amended by adding at the end the fol-         annually from smuggling unaccompanied
                                               in subparagraphs (B) and (C) with appro-                lowing:                                                alien children to the southwest border; and
                                               priate humanitarian protections;                          ‘‘(j) RULE OF CONSTRUCTION.—                           (B) often exploit and sexually abuse many
                                                 (E) provide that the Government of Hon-                 ‘‘(1) IN GENERAL.—Notwithstanding any                such unaccompanied alien children during
                                               duras, the Government of El Salvador, and               other provision of law, judicial determina-            the perilous journey.
                                               the Government of Guatemala—                            tion, consent decree, or settlement agree-               (4) The number of unaccompanied alien
                                                 (i) authorize and accept the entrance into            ment—                                                  children encountered at the southwest bor-
                                               their respective countries of nationals of                ‘‘(A) the detention of any alien child who is        der never exceeded 1,000 in a single year be-
                                               other countries seeking asylum in the appli-            not an unaccompanied alien child shall be              fore 2008.
                                               cable country; and                                      governed by sections 217, 235, 236, and 241 of           (5) The United States is in the midst of the
                                                 (ii) process such claims in accordance with           the Immigration and Nationality Act (8                 worst crisis of unaccompanied alien children
                                               applicable domestic law and international               U.S.C. 1187, 1225, 1226, and 1231); and                in our Nation’s history, with more than
                                               treaties and conventions governing the proc-              ‘‘(B) there is no presumption that an alien          350,000 unaccompanied alien children encoun-
                                               essing of asylum claims;                                child who is not an unaccompanied alien                tered at the southwest border during the ad-
                                                 (F) provide that the Government of the                child should not be detained.                          ministration of President Biden.
                                               United States commit to work—                             ‘‘(2) FAMILY DETENTION.—The Secretary of               (6) During 2022, 152,057 unaccompanied
                                                 (i) to accelerate the adjudication of asylum          Homeland Security shall—                               alien children were encountered by U.S. Bor-
                                               claims; and                                               ‘‘(A) maintain the care and custody of any           der Patrol, which represents the most en-
                                                 (ii) to conclude removal proceedings in the           alien who is charged only with a mis-                  counters in a single year and an increase of
                                               wake of asylum adjudications as expedi-                 demeanor offense under section 275(a) of the           more than 400 percent compared to the last
                                               tiously as possible; and                                Immigration and Nationality Act (8 U.S.C.              full fiscal year of the Trump Administration
                                                 (G) provide that the Government of the                1325(a)) while such charge is pending if such          in which ø33,239¿ unaccompanied alien chil-
                                               United States commit—                                   alien entered the United States with the               dren were so encountered.
                                                 (i) to continue to assist the governments of          alien’s child who has not attained 18 years of           (7) The Biden Administration has lost con-
                                               countries in the Western Hemisphere, includ-            age; and                                               tact with at least 85,000 unaccompanied alien
                                               ing Honduras, El Salvador, and Guatemala,                 ‘‘(B) detain such alien with the alien’s             children who entered the United States since
                                               by supporting the enhancement of asylum                 child.’’.                                              President Biden assumed the presidency.
                                               capacity in those countries; and                          (2) EFFECTIVE DATE.—The amendment                      (8) The Biden Administration dismantled
                                                 (ii) to monitoring developments in hemi-              made by paragraph (1) shall—                           effective safeguards put in place by the
                                               spheric immigration trends and regional asy-              (A) take effect on the date of the enact-            Trump Administration that protected unac-
                                               lum capabilities to determine whether addi-             ment of this Act; and                                  companied alien children from being abused
                                               tional asylum cooperation agreements are                  (B) apply to all actions occurring before,           by criminals or exploited for illegal and dan-
                                               warranted.                                              on, or after such date.                                gerous child labor.
                                                 (c) NOTIFICATION IN ACCORDANCE WITH                     (b) SENSE OF CONGRESS.—It is the sense of              (9) A New York Times investigation discov-
                                               CASE-ZABLOCKI      ACT.—The      Secretary   of         Congress that the amendment in subsection              ered that unaccompanied alien children—
                                               State, in accordance with section 112b of               (a)(1) is intended to satisfy the requirements           (A) are being exploited in the labor mar-
                                               title 1, United States Code (commonly                   of the Settlement Agreement in Flores v.               ket;
                                               known as the ‘‘Case-Zablocki Act’’), shall in-          Meese, No. 85–4544 (C.D. Cal), as approved by            (B) ‘‘are ending up in some of the most
                                               form the relevant congressional committees              the court on January 28, 1997, with respect to         punishing jobs in the country’’; and
                                               of each agreement entered into pursuant to              its interpretation in Flores v. Johnson, 212 F.          (C) ‘‘under intense pressure to earn
                                               subsection (b) not later than 48 hours after            Supp. 3d 864 (C.D. Cal. 2015), that the agree-         money’’ in order to ‘‘send cash back to their
                                               each such agreement is signed.                          ment applies to accompanied minors.                    families while often being in debt to their




SSpencer on DSK126QN23PROD with SENATE
                                               SEC. 553. MANDATORY BRIEFINGS ON UNITED                   (c) PREEMPTION OF STATE LICENSING RE-                sponsors for smuggling fees, rent, and living
                                                          STATES EFFORTS TO ADDRESS THE                QUIREMENTS.—Notwithstanding           any other        expenses’’, fear ‘‘that they had become
                                                          BORDER CRISIS.                               provision of law, judicial determination, con-         trapped in circumstances they never could
                                                 (a) DEFINED TERM.—In this section, the                sent decree, or settlement agreement, no               have imagined.’’.
                                               term ‘‘appropriate congressional commit-                State may require that an immigration de-                (10) Department of Health and Human
                                               tees’’ means—                                           tention facility used to detain children who           Services Secretary Xavier Becerra compared
                                                 (1) the Committee on Foreign Relations of             have not attained 18 years of age, or families         placing unaccompanied alien children with
                                               the Senate; and                                         consisting of 1 or more such children and the          sponsors, to widgets in an assembly line,




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00064   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                       S1921
                                               stating that, ‘‘If Henry Ford had seen this in          meet the criteria under subsection (a)(2)(A)’’;        glect, abandonment, or any similar cause
                                               his plant, he would have never become fa-               and                                                    under State law;’’.
                                               mous and rich. This is not the way you do an              (B) in paragraph (3), by striking ‘‘child in         SEC. 569. RULE OF CONSTRUCTION.
                                               assembly line.’’.                                       custody shall’’ and all that follows, and in-             Nothing in this title may be construed to
                                                 (11) Department of Health and Human                   serting the following: ‘‘child in custody—             limit, with respect to procedures or practices
                                               Services employees working under Secretary                ‘‘(A) in the case of a child who does not            relating to an unaccompanied alien child (as
                                               Xavier Becerra’s leadership penned a July               meet the criteria under subsection (a)(2)(A),          defined in section 462(g)(2) of the Homeland
                                               2021 memorandum expressing serious concern              shall transfer the custody of such child to            Security Act of 2002 (6 U.S.C. 279(g)(2)))—
                                               that ‘‘labor trafficking was increasing’’ and           the Secretary of Health and Human Services                (1) the screening of such a child for a cred-
                                               that the agency had become ‘‘one that re-               not later than 30 days after determining that          ible fear of return to his or her country of or-
                                               wards individuals for making quick releases,            such child is an unaccompanied alien child             igin;
                                               and not one that rewards individuals for pre-           who does not meet such criteria; or                       (2) the screening of such a child to deter-
                                               venting unsafe releases.’’.                               ‘‘(B) in the case of a child who meets the           mine whether he or she was a victim of traf-
                                                 (12) Despite these concerns, Secretary Xa-            criteria under subsection (a)(2)(A), may               ficking; or
                                               vier Becerra pressured Director of the Office           transfer the custody of such child to the Sec-            (3) Department of Health and Human Serv-
                                               of Refugee Resettlement Cindy Huang to                  retary of Health and Human Services after              ices policy in effect on the date of the enact-
                                               prioritize releases of unaccompanied alien              determining that such child is an unaccom-             ment of this Act requiring a home study for
                                               children over ensuring their safety, telling            panied alien child who meets such criteria.’’;         such a child if he or she is younger than 12
                                               her ‘‘if she could not increase the number of           and
                                                                                                                                                              years of age.
                                               discharges he would find someone who                      (3) in subsection (c)—
                                               could’’ and Director Huang resigned one                   (A) in paragraph (3), by adding at the end             TITLE VII—VISA OVERSTAYS PENALTIES
                                               month later.                                            the following:                                         SEC. 571. EXPANDED PENALTIES FOR ILLEGAL
                                                 (13) In June 2014, the Obama Administra-                ‘‘(D) INFORMATION ABOUT INDIVIDUALS WITH                        ENTRY OR PRESENCE.
                                               tion requested legal authority to exercise              WHOM CHILDREN ARE PLACED.—                                Section 275 of the Immigration and Nation-
                                               discretion in returning and removing unac-                ‘‘(i) INFORMATION TO BE PROVIDED TO DE-              ality Act (8 U.S.C. 1325) is amended—
                                               companied alien children from noncontig-                PARTMENT OF HOMELAND SECURITY.—Before                     (1) in subsection (a), by inserting ‘‘or if the
                                               uous countries back to their home countries.            placing a child with an individual, the Sec-           alien was previously convicted of an offense
                                                 (b) PURPOSE.—The purpose of this title is             retary of Health and Human Services shall              under subsection (e)(2)(A)’’ after ‘‘for a sub-
                                               to end the disparate policies of the William            submit to the Secretary of Homeland Secu-              sequent commission of any such offense’’;
                                               Wilberforce Trafficking Victims Protection              rity, with respect to the individual with                 (2) in subsection (b)—
                                               Reauthorization Act of 2008 by ensuring the             whom the child will be placed, information                (A) in paragraph (1), by striking ‘‘at least
                                               swift return of all unaccompanied alien chil-           regarding—                                             $50 and not more than $250’’ and inserting
                                               dren to their country of origin who—                      ‘‘(I) the name of such individual;                   ‘‘not less than $500 and not more than
                                                 (1) are not victims of trafficking; and                 ‘‘(II) the Social Security number of such            $1,000’’; and
                                                 (2) do not have a fear of returning to their          individual;                                               (B) in paragraph (2), by inserting ‘‘or sub-
                                               country of origin.                                        ‘‘(III) the date of birth of such individual;        section (e)(2)(B)’’ after ‘‘in the case of an
                                               SEC. 567. REPATRIATION OF UNACCOMPANIED                   ‘‘(IV) the location of such individual’s resi-       alien who has been previously subject to a
                                                          ALIEN CHILDREN.
                                                                                                       dence where the child will be placed;                  civil penalty under this subsection’’; and
                                                 (a) IN GENERAL.—Section 235 of the Wil-                 ‘‘(V) the immigration status of such indi-              (3) by adding at the end the following:
                                               liam Wilberforce Trafficking Victims Pro-                                                                         ‘‘(e) VISA OVERSTAYS.—
                                                                                                       vidual, if known; and
                                               tection Reauthorization Act of 2008 (8 U.S.C.                                                                     ‘‘(1) IN GENERAL.—An alien admitted as a
                                                                                                         ‘‘(VI) contact information for such indi-
                                               1232) is amended—                                                                                              nonimmigrant violates this paragraph if the
                                                                                                       vidual.
                                                  (1) in subsection (a)—                                                                                      alien, for an aggregate of 10 days or more,
                                                                                                         ‘‘(ii) ACTIVITIES OF SECRETARY OF HOME-
                                                  (A) in paragraph (2)—                                                                                       fails—
                                                                                                       LAND SECURITY.—Not later than 30 days after
                                                  (i) by amending the paragraph heading to                                                                       ‘‘(A) to maintain the nonimmigrant status
                                                                                                       receiving the information listed in clause (i),
                                               read as follows: ‘‘RULES FOR UNACCOMPANIED                                                                     in which the alien was admitted, or to which
                                                                                                       the Secretary of Homeland Security, upon
                                               ALIEN CHILDREN.—’’;
                                                                                                       determining that an individual with whom a             it was changed under section 248, including
                                                  (ii) in subparagraph (A)—                                                                                   complying with the period of stay authorized
                                                                                                       child is placed is unlawfully present in the
                                                  (I) in the matter preceding clause (i), by                                                                  by the Secretary of Homeland Security in
                                                                                                       United States and not in removal pro-
                                               striking ‘‘who is a national or habitual resi-                                                                 connection with such status; or
                                                                                                       ceedings pursuant to chapter 4 of title II of
                                               dent of a country that is contiguous with the                                                                     ‘‘(B) to comply otherwise with the condi-
                                                                                                       the Immigration and Nationality Act (8
                                               United States’’;                                                                                               tions of such nonimmigrant status.
                                                                                                       U.S.C. 1221 et seq.), shall initiate such re-
                                                  (II) in clause (i), by adding ‘‘and’’ at the                                                                   ‘‘(2) PENALTIES.—An alien who violates
                                                                                                       moval proceedings.’’; and
                                               end;                                                                                                           paragraph (1)—
                                                                                                         (B) in paragraph (5)—
                                                  (III) in clause (ii), by striking ‘‘; and’’ and                                                                ‘‘(A) shall—
                                                                                                         (i) by inserting ‘‘(at no expense to the Gov-
                                               inserting a period; and                                                                                           ‘‘(i) for the first commission of such a vio-
                                                                                                       ernment)’’ after ‘‘to the greatest extent
                                                  (IV) by striking clause (iii); and                                                                          lation, be fined under title 18, United States
                                                                                                       practicable’’; and
                                                  (iii) in subparagraph (B)—                                                                                  Code, imprisoned not more than 6 months, or
                                                                                                         (ii) by striking ‘‘have counsel to represent
                                                  (I) in the matter preceding clause (i), by                                                                  both; and
                                                                                                       them’’ and inserting ‘‘have access to counsel
                                               striking ‘‘(8 U.S.C. 1101 et seq.) may—’’ and                                                                     ‘‘(ii) for a subsequent commission of such a
                                                                                                       to represent them’’.
                                               inserting ‘‘(8 U.S.C. 1101 et seq.)—’’;                   (b) EFFECTIVE DATE.—The amendments                   violation, or if the alien was previously con-
                                                  (II) in clause (i), by inserting ‘‘may’’ before      made by subsection (a) shall apply to any un-          victed of an offense under subsection (a), be
                                               ‘‘permit such child to withdraw’’; and                  accompanied alien child (as such term is de-           fined under such title 18, imprisoned not
                                                  (III) in clause (ii), by inserting ‘‘shall’’ be-     fined in section 462(g) of the Homeland Secu-          more than 2 years, or both; and
                                               fore ‘‘return such child’’; and                         rity Act of 2002 (6 U.S.C. 279(g))) apprehended           ‘‘(B) in addition to any penalty under sub-
                                                  (B) in paragraph (5)(D)—                             on or after the date that is 30 days after the         paragraph (A) and any other criminal or civil
                                                  (i) in the matter preceding clause (i), by           date of the enactment of this Act.                     penalties that may be imposed for such a
                                               striking ‘‘, except for an unaccompanied                SEC. 568. SPECIAL IMMIGRANT JUVENILE STATUS            violation, shall be subject to a civil penalty
                                               alien child from a contiguous country sub-                           FOR IMMIGRANTS UNABLE TO RE-              of—
                                               ject to exceptions under subsection (a)(2),’’                        UNITE WITH EITHER PARENT.
                                                                                                                                                                 ‘‘(i) not less than $500 and not more than
                                               and inserting ‘‘who does not meet the cri-                Section 101(a)(27)(J) of the Immigration             $1,000 for each such violation; or
                                               teria under paragraph (2)(A)’’; and                     and Nationality Act (8 U.S.C. 1101(a)(27)(J))             ‘‘(ii) twice the amount specified in clause
                                                  (ii) in clause (i), by inserting ‘‘, which shall     is amended—                                            (i) if the alien was previously subject to a
                                               include a hearing before an immigration                   (1) in clause (i), by striking ‘‘, and whose         civil penalty under this subparagraph or sub-
                                               judge not later than 14 days after being                reunification with 1 or both of the immi-              section (b).’’.
                                               screened under paragraph (4)’’ before the               grant’s parents is not viable due to abuse,
                                               semicolon at the end;                                   neglect, abandonment, or a similar basis                     TITLE VIII—IMMIGRATION PAROLE
                                                  (2) in subsection (b)—                               found under State law’’; and                                                 REFORM
                                                  (A) in paragraph (2)—                                  (2) in clause (iii)—                                 SEC. 576. IMMIGRATION PAROLE REFORM.
                                                  (i) in the matter preceding subparagraph               (A) in subclause (I), by striking ‘‘and’’ at           Section 212(d)(5) of the Immigration and




SSpencer on DSK126QN23PROD with SENATE
                                               (A), by striking ‘‘Human services’’ and in-             the end;                                               Nationality Act (8 U.S.C. 1182(d)(5)) is
                                               serting ‘‘Human Services’’;                               (B) in subclause (II), by adding ‘‘and’’ after       amended to read as follows:
                                                  (ii) in subparagraph (A), by inserting ‘‘who         the semicolon at the end; and                            ‘‘(5)(A) Subject to subparagraphs (B)
                                               does not to meet the criteria under sub-                  (C) by adding at the end the following:              through (H) and section 214(f), the Secretary
                                               section (a)(2)(A)’’ before the semicolon; and             ‘‘(III) an alien may not be granted special          of Homeland Security, in the discretion of
                                                  (iii) in subparagraph (B), by striking               immigrant status under this subparagraph if            the Secretary, may temporarily parole into
                                               ‘‘under 18 years of age’’ and inserting                 the alien’s reunification with any parent or           the United States any alien applying for ad-
                                               ‘‘younger than 18 years of age and does not             legal guardian is not precluded by abuse, ne-          mission to the United States who is not




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00065   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1922                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               present in the United States, under such con-           quired before the expected award of a final              ‘‘(iii) Aliens who have a pending applica-
                                               ditions as the Secretary may prescribe, on a            adoption-related visa; or                              tion to adjust status to permanent residence
                                               case-by-case basis, and not according to eli-             ‘‘(vii) is a lawful applicant for adjustment         under section 245 may request extensions of
                                               gibility criteria describing an entire class of         of status under section 245 and is returning           parole under this paragraph, in 1-year incre-
                                               potential parole recipients, for urgent hu-             to the United States after temporary travel            ments, until the application for adjustment
                                               manitarian reasons or significant public ben-           abroad.                                                has been adjudicated. Such parole shall ter-
                                               efit.                                                     ‘‘(F) In determining an alien’s eligibility          minate immediately upon the denial of such
                                                 ‘‘(B) Parole granted under subparagraph               for parole under subparagraph (A), a signifi-          adjustment application.
                                               (A) may not be regarded as an admission of              cant public benefit may be determined to re-             ‘‘(M) Not later than 90 days after the last
                                               the alien. When the Secretary of Homeland               sult from the parole of an alien only if—              day of each fiscal year, the Secretary of
                                               Security determines that the purposes of                  ‘‘(i) the alien has assisted (or will assist,        Homeland Security shall submit to the Com-
                                               such parole have been served, the alien shall           whether knowingly or not) the United States            mittee on the Judiciary of the Senate and
                                               immediately return or be returned to the                Government in a law enforcement matter;                the Committee on the Judiciary of the House
                                               custody from which the alien was paroled.                 ‘‘(ii) the alien’s presence is required by the       of Representatives and make available to the
                                               After such return, the case of the alien shall          Government in furtherance of such law en-              public, a report—
                                               be dealt with in the same manner as the case            forcement matter; and                                    ‘‘(i) identifying the total number of aliens
                                               of any other applicant for admission to the               ‘‘(iii) the alien is inadmissible, does not          paroled into the United States under this
                                               United States.                                          satisfy the eligibility requirements for ad-           paragraph during the previous fiscal year;
                                                 ‘‘(C) The Secretary of Homeland Security              mission as a nonimmigrant, or there is insuf-          and
                                               may grant parole to any alien who—                      ficient time for the alien to be admitted to             ‘‘(ii) containing information and data re-
                                                 ‘‘(i) is present in the United States without         the United States through the normal visa              garding all aliens paroled during such fiscal
                                               lawful immigration status;                              process.                                               year, including—
                                                 ‘‘(ii) is the beneficiary of an approved peti-          ‘‘(G) In determining an alien’s eligibility            ‘‘(I) the duration of parole;
                                               tion under section 203(a);                              for parole under subparagraph (A), the term              ‘‘(II) the type of parole; and
                                                 ‘‘(iii) is not otherwise inadmissible or re-          ‘case-by-case basis’ means that the facts in             ‘‘(III) the current status of the aliens so
                                               movable; and                                            each individual case are considered and pa-            paroled.’’.
                                                 ‘‘(iv) is the spouse or child of a member of          role is not granted based on membership in a           SEC. 577. IMPLEMENTATION.
                                               the Armed Forces serving on active duty.                defined class of aliens to be granted parole.            (a) IN GENERAL.—Except as provided in
                                                 ‘‘(D) The Secretary of Homeland Security              The fact that aliens are considered for or             subsection (b), this title and the amend-
                                               may grant parole to any alien—                          granted parole one-by-one and not as a group           ments made by this title shall take effect on
                                                 ‘‘(i) who is a national of the Republic of            is not sufficient to establish that the parole         the date that is 30 days after the date of the
                                               Cuba and is living in the Republic of Cuba;             decision is made on a ‘case-by-case basis’.            enactment of this Act.
                                                 ‘‘(ii) who is the beneficiary of an approved            ‘‘(H) The Secretary of Homeland Security               (b)    EXCEPTIONS.—Notwithstanding       sub-
                                               petition under section 203(a);                          may grant parole to an alien who is returned           section (a)—
                                                 ‘‘(iii) for whom an immigrant visa is not             to a contiguous country pursuant to section              (1) any application for parole or advance
                                               immediately available;                                  235(b)(3) to allow the alien to attend the             parole filed by an alien before the date of the
                                                 ‘‘(iv) who meets all eligibility require-             alien’s immigration hearing. The grant of              enactment of this Act shall be adjudicated
                                               ments for an immigrant visa;                            parole shall not exceed the time required for          under the law that was in effect on the date
                                                 ‘‘(v) who is not otherwise inadmissible; and          the alien to be escorted to, and attend, the           on which the application was properly filed;
                                                 ‘‘(vi) who is receiving a grant of parole in          alien’s immigration hearing scheduled on                 (2) any approved advance parole shall re-
                                               furtherance of the commitment of the                    the same day as the grant, and to imme-                main valid under the law that was in effect
                                               United States to the minimum level of an-               diately thereafter be escorted back to the             on the date on which the advance parole was
                                               nual legal migration of Cuban nationals to              contiguous country. A grant of parole under            approved;
                                               the United States specified in the U.S.-Cuba            this subparagraph shall not be considered for            (3) section 212(d)(5)(K) of the Immigration
                                               Joint Communiqué on Migration, done at                 purposes of determining whether the alien is           and Nationality Act, as added by section 576,
                                               New York September 9, 1994, and reaffirmed              inadmissible under this Act.                           shall take effect on the date of the enact-
                                               in the Cuba-United States: Joint Statement                ‘‘(I) The Secretary of Homeland Security             ment of this Act; and
                                               on Normalization of Migration, Building on              may not use the parole authority under this              (4) aliens who were paroled into the United
                                               the Agreement of September 9, 1994, done at             paragraph to parole an alien into the United           States pursuant to section 212(d)(5)(A) of the
                                               New York May 2, 1995.                                   States for any reason or purpose other than            Immigration and Nationality Act (8 U.S.C.
                                                 ‘‘(E) In determining an alien’s eligibility           those described in subparagraphs (C), (D),             1182(d)(5)(A)) before January 1, 2023, shall
                                               for parole under subparagraph (A), an urgent            (E), (F), and (H).                                     continue to be subject to the terms of parole
                                               humanitarian reason shall be limited to cir-              ‘‘(J) An alien granted parole may not ac-            that were in effect on the date on which
                                               cumstances in which the alien establishes               cept employment, except that an alien                  their respective parole was approved.
                                               that the alien—                                         granted parole pursuant to subparagraph (C)            SEC. 578. CAUSE OF ACTION.
                                                 ‘‘(i)(I) has a medical emergency; and                 or (D) is authorized to accept employment                Any person, State, or local government
                                                 ‘‘(II)(aa) cannot obtain necessary treat-             for the duration of the parole, as evidenced           that experiences financial harm in excess of
                                               ment in the foreign state in which the alien            by an employment authorization document                $1,000 due to a failure of the Federal Govern-
                                               is residing; or                                         issued by the Secretary of Homeland Secu-              ment to lawfully apply the provisions of this
                                                 ‘‘(bb) the medical emergency is life-threat-          rity.                                                  title or the amendments made by this title
                                               ening and there is insufficient time for the              ‘‘(K) Parole granted after a departure from          shall have standing to bring a civil action
                                               alien to be admitted to the United States               the United States shall not be regarded as an          against the Federal Government in an appro-
                                               through the normal visa process;                        admission of the alien. An alien granted pa-           priate district court of the United States for
                                                 ‘‘(ii) is the parent or legal guardian of an          role, whether as an initial grant of parole or         appropriate relief.
                                               alien described in clause (i) and the alien de-         parole upon reentry into the United States,            SEC. 579. SEVERABILITY.
                                               scribed in clause (i) is a minor;                       is not eligible to adjust status to lawful per-          If any provision of this title or any amend-
                                                 ‘‘(iii) is needed in the United States in             manent residence or for any other immigra-             ment by this title, or the application of such
                                               order to donate an organ or other tissue for            tion benefit if the immigration status the             provision or amendment to any person or
                                               transplant and there is insufficient time for           alien had at the time of departure did not             circumstance, is held to be unconstitutional,
                                               the alien to be admitted to the United States           authorize the alien to adjust status or to be          the remainder of this title and the applica-
                                               through the normal visa process;                        eligible for such benefit.                             tion of such provision or amendment to any
                                                 ‘‘(iv) has a close family member in the                 ‘‘(L)(i) Except as provided in clauses (ii)          other person or circumstance shall not be af-
                                               United States whose death is imminent and               and (iii), parole shall be granted to an alien         fected.
                                               the alien could not arrive in the United                under this paragraph for the shorter of—                      TITLE IX—LEGAL WORKFORCE
                                               States in time to see such family member                  ‘‘(I) a period of sufficient length to accom-        SEC.     581.   EMPLOYMENT      ELIGIBILITY
                                               alive if the alien were to be admitted to the           plish the activity described in subparagraph                       VERIFICATION PROCESS.
                                               United States through the normal visa proc-             (E), (F), or (H) for which the alien was grant-          (a) IN GENERAL.—Section 274A(b) of the Im-
                                               ess;                                                    ed parole; or                                          migration and Nationality Act (8 U.S.C.
                                                 ‘‘(v) is seeking to attend the funeral of a             ‘‘(II) 1 year.                                       1324a(b)) is amended to read as follows:
                                               close family member and the alien could not               ‘‘(ii) Grants of parole pursuant to subpara-           ‘‘(b) EMPLOYMENT ELIGIBILITY VERIFICATION




SSpencer on DSK126QN23PROD with SENATE
                                               arrive in the United States in time to attend           graph (A) may be extended once, in the dis-            PROCESS.—
                                               such funeral if the alien were to be admitted           cretion of the Secretary, for an additional              ‘‘(1) NEW HIRES, RECRUITMENT, AND REFER-
                                               to the United States through the normal                 period that is the shorter of—                         RAL.—The requirements referred to in para-
                                               visa process;                                             ‘‘(I) the period that is necessary to accom-         graphs (1)(B) and (3) of subsection (a), with
                                                 ‘‘(vi) is an adopted child with an urgent             plish the activity described in subparagraph           respect to a person or other entity hiring, re-
                                               medical condition who is in the legal custody           (E) or (F) for which the alien was granted pa-         cruiting, or referring an individual for em-
                                               of the petitioner for a final adoption-related          role; or                                               ployment in the United States, are the fol-
                                               visa and whose medical treatment is re-                   ‘‘(II) 1 year.                                       lowing:




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00066   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1923
                                                 ‘‘(A) ATTESTATION AFTER EXAMINATION OF                contains a photograph and personal informa-            verification of the identity and employment
                                               DOCUMENTATION.—                                         tion about the holder, such as name, date of           eligibility of an individual.
                                                 ‘‘(i) ATTESTATION.—During the verification            birth, gender, height, eye color, and address;           ‘‘(ii) CONFIRMATION.—
                                               period, the person or entity shall attest,                ‘‘(II) an individual’s unexpired United                ‘‘(I) CONFIRMATION RECEIVED.—If the person
                                               under penalty of perjury and on a form, in-             States military identification card;                   or other entity receives an appropriate con-
                                               cluding electronic format, designated or es-              ‘‘(III) an individual’s unexpired Native             firmation of an individual’s identity and
                                               tablished by the Secretary of Homeland Se-              American tribal identification document                work eligibility under the verification sys-
                                               curity by regulation not later than 6 months            issued by a tribal entity recognized by the            tem within the period specified, the person
                                               after the date of the enactment of the Secure           Bureau of Indian Affairs; or                           or entity shall record on the form an appro-
                                               the Border Act of 2023, that it has verified              ‘‘(IV) in the case of an individual who is           priate code that is provided under the sys-
                                               that the individual is not an unauthorized              younger than 18 years of age, a parent or              tem and that indicates a final confirmation
                                               alien by—                                               legal guardian’s attestation under penalty of          of such identity and work eligibility of the
                                                 ‘‘(I) obtaining from the individual the indi-         law as to the identity and age of the indi-            individual.
                                               vidual’s Social Security account number or              vidual.                                                  ‘‘(II) TENTATIVE NONCONFIRMATION RE-
                                               United States passport number and record-                 ‘‘(v) AUTHORITY TO PROHIBIT USE OF CERTAIN           CEIVED.—
                                               ing the number on the form (if the individual           DOCUMENTS.—If the Secretary of Homeland                  ‘‘(aa) IN GENERAL.—If the person or other
                                               claims to have been issued such a number)               Security determines, by regulation, that any           entity receives a tentative nonconfirmation
                                               and, if the individual does not attest to               document described in clause (i), (ii), or (iii)       of an individual’s identity or work eligibility
                                               United States nationality under subpara-                as establishing employment authorization or            under the verification system within the
                                               graph (B), obtaining such identification or             identity does not reliably establish such au-          specified period, the person or entity shall so
                                               authorization number established by the De-             thorization or identity or is being used               inform the individual for whom the
                                               partment of Homeland Security for the alien             fraudulently to an unacceptable degree, the            verification is sought.
                                               as the Secretary may specify, and recording             Secretary may prohibit or place conditions               ‘‘(bb) NO CONTEST.—If the individual does
                                               such number on the form; and                            on its use for purposes of this subparagraph.          not contest a tentative nonconfirmation
                                                 ‘‘(II) examining—                                       ‘‘(vi) SIGNATURE.—An attestation required            within the period specified—
                                                 ‘‘(aa) a document relating to the individual          under clause (i) may be manifested by a                  ‘‘(AA) the nonconfirmation shall be consid-
                                               presenting it described in clause (ii); or              handwritten or electronic signature.                   ered final; and
                                                 ‘‘(bb) a document relating to the individual            ‘‘(B) INDIVIDUAL ATTESTATION OF EMPLOY-                ‘‘(BB) the person or entity shall record on
                                               presenting it described in clause (iii) and a           MENT AUTHORIZATION.—                                   the form an appropriate code that has been
                                               document relating to the individual pre-                  ‘‘(i) IN GENERAL.—During the verification            provided under the system to indicate a final
                                               senting it described in clause (iv).                    period, the individual shall attest, under             nonconfirmation.
                                                 ‘‘(ii) DOCUMENTS EVIDENCING EMPLOYMENT                penalty of perjury on the form designated or             ‘‘(cc) SECONDARY VERIFICATION.—If the indi-
                                               AUTHORIZATION AND ESTABLISHING IDENTITY.—               established for purposes of subparagraph (A),          vidual contests a tentative nonconfirma-
                                               A document described in this clause is an in-           that the individual is—                                tion—
                                               dividual’s—                                               ‘‘(I) a citizen or national of the United              ‘‘(AA) the individual shall utilize the proc-
                                                 ‘‘(I) unexpired United States passport or             States;                                                ess for secondary verification provided under
                                               passport card;                                            ‘‘(II) an alien lawfully admitted for perma-         subsection (d); and
                                                 ‘‘(II) unexpired permanent resident card              nent residence; or                                       ‘‘(BB) the nonconfirmation will remain
                                               that contains a photograph;                               ‘‘(III) an alien who is authorized under this        tentative until a final confirmation or non-
                                                 ‘‘(III) unexpired employment authorization            Act or by the Secretary of Homeland Secu-              confirmation is provided by the verification
                                               card that contains a photograph;                        rity to be hired, recruited, or referred for           system within the specified period.
                                                 ‘‘(IV) in the case of a nonimmigrant alien            such employment.                                         ‘‘(dd) LIMITATION ON TERMINATION.—An em-
                                               authorized to work for a specific employer                ‘‘(ii) IDENTIFICATION NUMBER.—The indi-              ployer may not terminate the employment
                                               incident to his or her nonimmigrant status,             vidual shall submit to the Secretary of                of an individual because of a failure of the
                                               a foreign passport with Form I–94 or Form I–            Homeland Security—                                     individual to have identity and work eligi-
                                               94A, or other documentation as designated                 ‘‘(I) the individual’s Social Security ac-           bility confirmed under this section until a
                                               by the Secretary specifying the alien’s non-            count number or United States passport                 nonconfirmation becomes final. Nothing in
                                               immigrant status if—                                    number (if the individual claims to have               this subclause shall apply to a termination
                                                 ‘‘(aa) the period of such status has not ex-          been issued such a number); or                         of employment for any reason other than be-
                                               pired; and                                                ‘‘(II) if the individual does not attest to          cause of such a failure.
                                                 ‘‘(bb) the proposed employment is not in              United States nationality under this sub-                ‘‘(ee) LIMITATION ON RESCISSION.—An em-
                                               conflict with any restrictions or limitations           paragraph, such identification or authoriza-           ployer may not rescind an offer of employ-
                                               identified in the document;                             tion number established by the Department              ment to an individual because of a failure of
                                                 ‘‘(V) passport from the Federated States of           of Homeland Security for the alien as the              the individual to have identity and work eli-
                                               Micronesia (FSM) or the Republic of the                 Secretary may specify.                                 gibility confirmed under this subsection
                                               Marshall Islands (RMI) with Form I–94 or                  ‘‘(iii) SIGNATURE.—An attestation required           until a nonconfirmation becomes final.
                                               Form I–94A, or other documentation des-                 under clause (i) may be manifested by a                Nothing in this subclause shall apply to a
                                               ignated by the Secretary of Homeland Secu-              handwritten or electronic signature.                   recission of the offer of employment for any
                                               rity, indicating nonimmigrant admission                   ‘‘(C) RETENTION OF VERIFICATION FORM AND             reason other than because of such a failure.
                                               under the Compact of Free Association Be-               VERIFICATION.—                                           ‘‘(III) FINAL CONFIRMATION OR NONCON-
                                               tween the United States and the FSM or the                ‘‘(i) IN GENERAL.—After submitting a form            FIRMATION RECEIVED.—If a final confirmation
                                               RMI; or                                                 to the Secretary of Homeland Security in ac-           or nonconfirmation is provided by the
                                                 ‘‘(VI) other document designated by the               cordance with subparagraphs (A) and (B), the           verification system regarding an individual,
                                               Secretary of Homeland Security that—                    person or entity shall—                                the person or entity shall record on the form
                                                 ‘‘(aa) contains a photograph of the indi-               ‘‘(I) retain a paper or electronic version of        an appropriate code that is provided under
                                               vidual and biometric identification data                the form and make it available for inspec-             the system and that indicates a confirmation
                                               from the individual and such other personal             tion by officers of the Department of Home-            or nonconfirmation of identity and work eli-
                                               identifying information relating to the indi-           land Security, the Department of Justice, or           gibility of the individual.
                                               vidual as the Secretary specifies, by regula-           the Department of Labor during a period be-              ‘‘(IV) EXTENSION OF TIME.—If the person or
                                               tion, to be sufficient for purposes of this             ginning on the date of the recruiting or re-           other entity in good faith attempts to make
                                               clause;                                                 ferral of the individual, or, in the case of the       an inquiry during the specified period and
                                                 ‘‘(bb) is evidence of authorization of em-            hiring of an individual, the date on which             the verification system has registered that
                                               ployment in the United States; and                      the verification is completed, and ending—             not all inquiries were received during such
                                                 ‘‘(cc) contains security features to make it            ‘‘(aa) in the case of the recruiting or refer-       time, the person or entity may make an in-
                                               resistant to tampering, counterfeiting, and             ral of an individual, that date that is 3 years        quiry in the first subsequent working day in
                                               fraudulent use.                                         after the date of the recruiting or referral;          which the verification system registers that
                                                 ‘‘(iii) DOCUMENTS EVIDENCING EMPLOYMENT               and                                                    it has received all inquiries. If the
                                               AUTHORIZATION.—A document described in                    ‘‘(bb) in the case of the hiring of an indi-         verification system cannot receive inquiries
                                               this clause is an individual’s Social Security          vidual, the later of—                                  at all times during a day, the person or enti-
                                               account number card (other than such a card               ‘‘(AA) the date that is 3 years after the            ty merely has to assert that the entity at-




SSpencer on DSK126QN23PROD with SENATE
                                               which specifies on the face that the issuance           date on which the verification is completed;           tempted to make the inquiry on that day for
                                               of the card does not authorize employment               or                                                     the previous sentence to apply to such an in-
                                               in the United States).                                    ‘‘(BB) the date that is 1 year after the date        quiry, and does not have to provide any addi-
                                                 ‘‘(iv) DOCUMENTS ESTABLISHING IDENTITY OF             on which the individual’s employment is ter-           tional proof concerning such inquiry.
                                               INDIVIDUAL.—A document described in this                minated; and                                             ‘‘(V) CONSEQUENCES OF NONCONFIRMATION.—
                                               clause is—                                                ‘‘(II) during the verification period, make            ‘‘(aa) TERMINATION OR NOTIFICATION OF CON-
                                                 ‘‘(I) an individual’s unexpired State issued          an inquiry, in accordance with subsection              TINUED EMPLOYMENT.—If the person or other
                                               driver’s license or identification card if it           (d), using the verification system to seek             entity has received a final nonconfirmation




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00067   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1924                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               regarding an individual, the person or entity              ‘‘(III) EXCLUSION.—An employee described              ‘‘(ii) employers having at least 500 employ-
                                               may terminate employment of the individual              in this clause may not be counted for pur-             ees and fewer than 10,000 employees in the
                                               (or decline to recruit or refer the individual).        poses of clause (i).                                   United States as of the date of the enact-
                                               If the person or entity does not terminate                 ‘‘(iv) EXTENSIONS.—                                 ment of such Act beginning on the date that
                                               employment of the individual or proceeds to                ‘‘(I) UPON REQUEST.—The Secretary of                is 1 year after such date of enactment;
                                               recruit or refer the individual, the person or          Homeland Security shall allow an employer                ‘‘(iii) employers having at least 20 employ-
                                               entity shall notify the Secretary of Home-              having 50 or fewer employees to submit a re-           ees and fewer than 500 employees in the
                                               land Security of such fact through the                  quest to the Secretary before the effective            United States as of the date of the enact-
                                               verification system or in such other manner             date under this subparagraph applicable to             ment of such Act beginning on the date that
                                               as the Secretary may specify.                           such employer, a 1-time, 6-month extension             is 18 months year after such date of enact-
                                                  ‘‘(bb) FAILURE TO NOTIFY.—If the person or           of such effective date.                                ment; and
                                               entity fails to provide notice with respect to             ‘‘(II) FOLLOWING REPORT.—If the study con-            ‘‘(iv) employers having at least 1 employee
                                               an individual as required under item (aa),              ducted pursuant to section 494 of the Secure           and fewer than 20 employees in the United
                                               the failure is deemed to constitute a viola-            the Border Act of 2023 has been submitted in           States as of the date of the enactment of
                                               tion of subsection (a)(1)(A) with respect to            accordance with such section, the Secretary            such Act beginning on the date that is 2
                                               such individual.                                        of Homeland Security may extend the effec-             years after such date of enactment.
                                                  ‘‘(VI) CONTINUED EMPLOYMENT AFTER FINAL              tive date under this subparagraph on a 1-                ‘‘(C) AGRICULTURAL LABOR OR SERVICES.—
                                               NONCONFIRMATION.—If the person or other en-             time basis for 12 months.                                ‘‘(i) DEFINED TERM.—In this clause, the
                                               tity continues to employ (or to recruit or                 ‘‘(v) TRANSITION RULE.—Subject to para-             term ‘agricultural labor or services’—
                                               refer) an individual after receiving final non-         graph (4), a person or other entity hiring, re-          ‘‘(I) has the meaning given such term by
                                               confirmation, a rebuttable presumption is               cruiting, or referring an individual for em-           the Secretary of Agriculture in regulations;
                                               created that the person or entity has vio-              ployment in the United States, until the ef-           and
                                               lated subsection (a)(1)(A).                             fective date or dates applicable under clauses           ‘‘(II) includes—
                                                  ‘‘(D) EFFECTIVE DATES OF NEW PROCE-                  (i) through (iii), shall be subject to—                  ‘‘(aa) agricultural labor (as defined in sec-
                                               DURES.—                                                    ‘‘(I) this subsection, as in effect before the      tion 3121(g) of the Internal Revenue Code of
                                                  ‘‘(i) HIRING.—Except as provided in clause           date of the enactment of the Secure the Bor-           1986);
                                               (iii), this paragraph shall apply to—                   der Act of 2023;                                         ‘‘(bb) agriculture (as defined in section 3(f)
                                                  ‘‘(I) employers having at least 10,000 em-              ‘‘(II) subtitle A of title IV of the Illegal Im-    of the Fair Labor Standards Act of 1938 (29
                                               ployees in the United States as of the date of          migration Reform and Immigrant Responsi-               U.S.C. 203(f)));
                                               the enactment of the Secure the Border Act              bility Act of 1996 (8 U.S.C. 1324a note), as in          ‘‘(cc) the handling, planting, drying, pack-
                                               of 2023 beginning on the date that is 6                 effect before the effective date set forth in          ing, packaging, processing, freezing, or grad-
                                               months after such date of enactment;                    section 803(c)(1) of the Secure the Border Act         ing before delivery for storage of any agri-
                                                  ‘‘(II) employers having at least 500 employ-         of 2023; and                                           cultural or horticultural commodity in its
                                               ees and fewer than 10,000 employees in the                 ‘‘(III) any other provision of Federal law          unmanufactured state;
                                               United States as of the date of the enact-              requiring the person or entity to participate            ‘‘(dd) all activities required for the prepa-
                                               ment of such Act beginning on the date that             in the E-Verify Program described in section           ration, processing, or manufacturing of a
                                               is 1 year after such date of enactment;                 403(a) of the Illegal Immigration Reform and           product of agriculture (as defined in such
                                                  ‘‘(III) employers having at least 20 employ-         Immigrant Responsibility Act of 1996 (8                section 3(f)) for further distribution; and
                                               ees and fewer than 500 employees in the                 U.S.C. 1324a note), as in effect before the ef-          ‘‘(ee) activities similar to the activities re-
                                               United States as of the date of the enact-              fective date set forth in section 803(c)(1) of         ferred to in subitems (AA) through (DD) as
                                               ment of such Act beginning on the date that             the Secure the Border Act of 2023, including           they relate to fish or shellfish facilities.
                                               is 18 months year after such date of enact-             Executive Order 13465 (8 U.S.C. 1324a note; re-          ‘‘(ii) IN GENERAL.—With respect to an em-
                                               ment; and                                               lating to Government procurement).                     ployee performing agricultural labor or serv-
                                                  ‘‘(IV) employers having at least 1 employee             ‘‘(E) DEFINED TERM.—                                ices, or an employee recruited or referred by
                                               and fewer than 20 employees in the United                  ‘‘(i) IN GENERAL.—In this paragraph, the            a farm labor contractor (as defined in section
                                               States as of the date of the enactment of               term ‘verification period’ means—                      3 of the Migrant and Seasonal Agricultural
                                               such Act beginning on the date that is 2                   ‘‘(I) in the case of recruitment or referral,       Worker Protection Act (29 U.S.C. 1801)), sub-
                                               years after such date of enactment.                     the period ending on the date on which re-             paragraph (A) shall not apply with respect to
                                                  ‘‘(ii) RECRUITING AND REFERRING.—Except              cruiting or referring commences; and                   the reverification of the employee until the
                                               as provided in clause (iii), this paragraph                ‘‘(II) in the case of hiring, the period begin-     date that is 3 years after the date of the en-
                                               shall apply to a person or other entity re-             ning on the date on which an offer of em-              actment of the Secure the Border Act of 2023.
                                               cruiting or referring an individual for em-             ployment is extended and ending on—                      ‘‘(iii) EXCLUSION.—An employee described
                                               ployment in the United States beginning on                 ‘‘(aa) the date that is 3 business days after       in this subparagraph may not be counted for
                                               the date that is 1 year after the date of the           the date of hire; or                                   purposes of subparagraph (A).
                                               enactment of the Secure the Border Act of                  ‘‘(bb) in the case of an alien who is author-         ‘‘(D) REVERIFICATION.—Paragraph (1)(C)(ii)
                                               2023.                                                   ized for employment and provides evidence              shall apply to reverifications pursuant to
                                                  ‘‘(iii) AGRICULTURAL LABOR OR SERVICES.—             from the Social Security Administration                this paragraph on the same basis as it ap-
                                                  ‘‘(I) DEFINED TERM.—In this clause, the              that the alien has applied for a Social Secu-          plies to verifications pursuant to paragraph
                                               term ‘agricultural labor or services’—                  rity account number, the date that is 3 busi-          (1), except that employers shall—
                                                  ‘‘(aa) has the meaning given such term by            ness days after the alien receives the Social            ‘‘(i) use a form designated or established by
                                               the Secretary of Agriculture in regulations;            Security account number.                               the Secretary by regulation for purposes of
                                               and                                                        ‘‘(ii) JOB OFFER MAY BE CONDITIONAL.—A              this paragraph; and
                                                  ‘‘(bb) includes—                                     person or other entity may offer a prospec-              ‘‘(ii) retain a paper or electronic version of
                                                  ‘‘(AA) agricultural labor (as defined in sec-        tive employee an employment position that              the form and make it available for inspec-
                                               tion 3121(g) of the Internal Revenue Code of            is conditioned on final verification of the            tion by officers of the Department of Home-
                                               1986);                                                  identity and employment eligibility of the             land Security, the Department of Justice, or
                                                  ‘‘(BB) agriculture (as defined in section 3(f)       employee using the procedures established              the Department of Labor during the period
                                               of the Fair Labor Standards Act of 1938 (29             under this paragraph.                                  beginning on the date the reverification
                                               U.S.C. 203(f)));                                           ‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH           commences and ending on the date that is
                                                  ‘‘(CC) the handling, planting, drying, pack-         LIMITED WORK AUTHORIZATION.—                           the later of 3 years after the date of such
                                               ing, packaging, processing, freezing, or grad-             ‘‘(A) IN GENERAL.—Subject to subpara-               reverification or 1 year after the date the in-
                                               ing before delivery for storage of any agri-            graphs (B) and (C), a person or entity shall           dividual’s employment is terminated.
                                               cultural or horticultural commodity in its              make an inquiry in accordance with sub-                  ‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.—
                                               unmanufactured state;                                   section (d), using the verification system to            ‘‘(A) ON A MANDATORY BASIS FOR CERTAIN
                                                  ‘‘(DD) all activities required for the prepa-        seek reverification of the identity and em-            EMPLOYEES.—
                                               ration, processing, or manufacturing of a               ployment eligibility of all individuals with a           ‘‘(i) IN GENERAL.—Not later than the date
                                               product of agriculture (as defined in such              limited period of work authorization em-               that is 6 months after the date of the enact-
                                               section 3(f)) for further distribution; and             ployed by the person or entity during the 3            ment of the Secure the Border Act of 2023, an
                                                  ‘‘(EE) activities similar to the activities          business days after the date on which the              employer shall make an inquiry, as provided
                                               referred to in subitems (AA) through (DD) as            employee’s work authorization expires.                 in subsection (d), using the verification sys-




SSpencer on DSK126QN23PROD with SENATE
                                               they relate to fish or shellfish facilities.               ‘‘(B) HIRING.—Except as provided in sub-            tem to seek verification of the identity and
                                                  ‘‘(II) IN GENERAL.—With respect to an em-            paragraph (C), subparagraph (A) shall apply            employment eligibility of any individual de-
                                               ployee performing agricultural labor or serv-           to—                                                    scribed in clause (ii) employed by the em-
                                               ices, this paragraph shall not apply with re-              ‘‘(i) employers having at least 10,000 em-          ployer whose employment eligibility has not
                                               spect to the verification of the employee               ployees in the United States as of the date of         been verified under the E-Verify Program de-
                                               until the date that is 3 years after the date           the enactment of the Secure the Border Act             scribed in section 403(a) of the Illegal Immi-
                                               of the enactment of the Secure the Border               of 2023 beginning on the date that is 6                gration Reform and Immigrant Responsi-
                                               Act of 2023.                                            months after such date of enactment;                   bility Act of 1996 (8 U.S.C. 1324a note).




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00068   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1925
                                                 ‘‘(ii) INDIVIDUALS DESCRIBED.—An indi-                the identity and employment eligibility of               ‘‘(6) LIMITATION ON USE OF FORMS.—A form
                                               vidual described in this clause is—                     any individual employed by the employer.               designated or established by the Secretary of
                                                 ‘‘(I) an employee of any unit of a Federal,             ‘‘(ii) SCOPE OF VERIFICATION.—If an em-              Homeland Security under this subsection
                                               State, or local government;                             ployer      voluntarily    chooses    to    seek       and any information contained in or ap-
                                                 ‘‘(II) an employee who requires a Federal             verification of any individual employed by             pended to such form, may not be used for
                                               security clearance working in a Federal,                the employer, the employer shall seek                  purposes other than for enforcement of this
                                               State, or local government building, a mili-            verification of all individuals employed at            Act and any other provision of Federal
                                               tary base, a nuclear energy site, a weapons             the same geographic location or, at the op-            criminal law.
                                               site, or an airport or other facility that re-          tion of the employer, all individuals em-                ‘‘(7) GOOD FAITH COMPLIANCE.—
                                               quires workers to carry a Transportation                ployed within the same job category, as the              ‘‘(A) IN GENERAL.—Except as otherwise pro-
                                               Worker Identification Credential (TWIC); or             employee with respect to whom the em-                  vided in this subsection, a person or entity is
                                                 ‘‘(III) an employee assigned to perform               ployer seeks voluntarily to use the                    considered to have complied with a require-
                                               work in the United States under a Federal               verification system.                                   ment under this subsection, notwithstanding
                                               contract, except that this subclause—                     ‘‘(iii) LIMITATION.—An employer’s decision           a technical or procedural failure to meet
                                                 ‘‘(aa) is not applicable to individuals who           about whether or not voluntarily to seek               such requirement, if there was a good faith
                                               have a clearance under Homeland Security                verification of its current workforce under            attempt to comply with such requirement.
                                               Presidential Directive 12 (HSPD 12 clear-               this subparagraph may not be considered by               ‘‘(B) EXCEPTION IF FAILURE TO CORRECT
                                               ance), are administrative or overhead per-              any government agency in any proceeding,               AFTER NOTICE.—Subparagraph (A) shall not
                                               sonnel, or are working solely on contracts                                                                     apply if—
                                                                                                       investigation, or review under this Act.
                                               that provide Commercial Off The Shelf goods                                                                      ‘‘(i) the failure is not de minimus;
                                                                                                         ‘‘(D) VERIFICATION.—Paragraph (1)(C)(ii)
                                               or services as set forth by the Federal Acqui-                                                                   ‘‘(ii) the Secretary of Homeland Security
                                                                                                       shall apply to verifications under this para-
                                               sition Regulatory Council, unless they are                                                                     has explained to the person or entity the
                                                                                                       graph on the same basis as it applies to
                                               subject to verification under subclause (II);                                                                  basis for the failure and why it is not de
                                                                                                       verifications under paragraph (1), except
                                               and                                                                                                            minimus;
                                                                                                       that employers shall—
                                                 ‘‘(bb) only applies to contracts over the                                                                      ‘‘(iii) the person or entity has been pro-
                                                                                                         ‘‘(i) use a form designated or established by
                                               simple acquisition threshold as defined in                                                                     vided a period of not less than 30 days, begin-
                                               section 2.101 of title 48, Code of Federal Reg-         the Secretary of Homeland Security, by reg-
                                                                                                       ulation, for purposes of this paragraph; and           ning on the date of the explanation described
                                               ulations.                                                                                                      in clause (ii), within which to correct the
                                                 ‘‘(B) ON A MANDATORY BASIS FOR MULTIPLE                 ‘‘(ii) retain a paper or electronic version of
                                                                                                       the form and make the form available for in-           failure; and
                                               USERS OF SAME SOCIAL SECURITY ACCOUNT
                                                                                                       spection by officers of the Department of                ‘‘(iv) the person or entity has not corrected
                                               NUMBER.—
                                                                                                       Homeland Security, the Department of Jus-              the failure within such period.
                                                 ‘‘(i) IN GENERAL.—An employer that is re-                                                                      ‘‘(C) EXCEPTION FOR PATTERN OR PRACTICE
                                               quired under this subsection to use the                 tice, or the Department of Labor during the
                                                                                                       period beginning on the date on which the              VIOLATORS.—Subparagraph         (A) shall not
                                               verification system described in subsection                                                                    apply to a person or entity that has engaged
                                               (d), or has elected voluntarily to use such             verification commences and ending on the
                                                                                                       date that is the later of—                             or is engaging in a pattern or practice of vio-
                                               system, shall make inquiries to the system
                                                                                                         ‘‘(I) 3 years after such verification com-           lations of paragraph (1)(A) or (2) of sub-
                                               in accordance with clauses (ii) through (iv).
                                                                                                       mencement date; or                                     section (a).
                                                 ‘‘(ii) NOTIFICATION.—The Commissioner of
                                                                                                         ‘‘(II) 1 year after the date on which the in-          ‘‘(8) SINGLE EXTENSION OF DEADLINES UPON
                                               Social Security shall annually notify em-
                                                                                                       dividual’s employment is terminated.                   CERTIFICATION.—If the Secretary of Home-
                                               ployees (at the employee address listed on
                                                                                                         ‘‘(4) EARLY COMPLIANCE.—                             land Security certifies to Congress that the
                                               the Wage and Tax Statement) who submit a
                                                                                                         ‘‘(A) FORMER E-VERIFY REQUIRED USERS, IN-            employment eligibility verification system
                                               Social Security account number to which
                                                                                                       CLUDING FEDERAL CONTRACTORS.—Notwith-                  required under subsection (d) will not be
                                               more than 1 employer reports income and for
                                                                                                       standing the deadlines under paragraphs (1)            fully operational by the date that is 6
                                               which there is a pattern of unusual multiple
                                                                                                       and (2), beginning on the date of the enact-           months after the date of the enactment of
                                               use. The notification letter shall identify the
                                               number of employers to which income is                  ment of the Secure the Border Act of 2023,             the Secure the Border Act of 2023, each dead-
                                               being reported and provide sufficient infor-            the Secretary of Homeland Security is au-              line established under this subsection for an
                                               mation regarding the process to contact the             thorized to commence requiring employers               employer to make an inquiry using such sys-
                                               Social Security Administration Fraud Hot-               required to participate in the E-Verify Pro-           tem shall be extended by 6 months. No other
                                               line if the employee believes the employee’s            gram described in section 403(a) of the Illegal        extension of such a deadline shall be made
                                               identity may have been stolen. The notice               Immigration Reform and Immigrant Respon-               except as authorized under paragraph
                                               shall not share information protected as pri-           sibility Act of 1996 (8 U.S.C. 1324a note), in-        (1)(D)(iv).’’.
                                               vate, in order to avoid any recipient of the            cluding employers required to participate in             (b) DATE OF HIRE.—Section 274A(h) of the
                                               notice from being in the position to further            such program by reason of Federal acquisi-             Immigration and Nationality Act (8 U.S.C.
                                               commit or begin committing identity theft.              tion laws (and regulations promulgated                 1324a(h)) is amended by adding at the end the
                                                 ‘‘(iii) EFFECT OF FRAUDULENT USE.—If the              under those laws, including the Federal Ac-            following:
                                               person to whom the Social Security account              quisition Regulation), to commence compli-               ‘‘(4) DEFINITION OF DATE OF HIRE.—In this
                                               number was issued by the Social Security                ance with the requirements under this sub-             section, the term ‘date of hire’ means the
                                               Administration has been identified and con-             section (and any additional requirements of            date of commencement of employment for
                                               firmed by the Commissioner, and indicates               such Federal acquisition laws and regula-              wages or other remuneration, unless other-
                                               that the Social Security account number                 tion) in lieu of any requirement to partici-           wise specified.’’.
                                               was used without the person’s knowledge,                pate in the E-Verify Program.                          SEC.      582.   EMPLOYMENT       ELIGIBILITY
                                               the Secretary of Homeland Security and the                ‘‘(B) FORMER E-VERIFY VOLUNTARY USERS                             VERIFICATION SYSTEM.
                                               Commissioner shall—                                     AND OTHERS DESIRING EARLY COMPLIANCE.—                   Section 274A(d) of the Immigration and Na-
                                                 ‘‘(I) lock the Social Security account num-           Notwithstanding the deadlines under para-              tionality Act (8 U.S.C. 1324a(d)) is amended
                                               ber for employment eligibility verification             graphs (1) and (2), beginning on the date of           to read as follows:
                                               purposes; and                                           the enactment of the Secure the Border Act               ‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION
                                                 ‘‘(II) notify the employers of any individ-           of 2023, the Secretary of Homeland Security            SYSTEM.—
                                               uals who wrongfully submitted the Social                shall provide for the voluntary compliance               ‘‘(1) IN GENERAL.—Patterned on the em-
                                               Security account number that such individ-              with the requirements under this subsection            ployment eligibility confirmation system es-
                                               uals may not be authorized to work in the               by—                                                    tablished under section 404 of the Illegal Im-
                                               United States.                                            ‘‘(i) employers voluntarily electing to par-         migration Reform and Immigrant Responsi-
                                                 ‘‘(iv) USE OF VERIFICATION SYSTEM.—Each               ticipate in the E-Verify Program described             bility Act of 1996 (8 U.S.C. 1324a note), the
                                               employer receiving such notification of an              in section 403(a) of the Illegal Immigration           Secretary of Homeland Security shall estab-
                                               incorrect Social Security account number                Reform and Immigrant Responsibility Act of             lish and administer an employment eligi-
                                               under clause (iii) shall use the verification           1996 (8 U.S.C. 1324a note) before such date;           bility verification system (referred to in this
                                               system described in subsection (d) to check             and                                                    subsection as the ‘System’) through which
                                               the work eligibility status of the applicable             ‘‘(ii) other employers seeking voluntary             the Secretary (or a designee of the Sec-
                                               employee not later than 10 business days                early compliance.                                      retary, which may be a nongovernmental en-
                                               after receiving such notification.                        ‘‘(5) COPYING OF DOCUMENTATION PER-                  tity)—




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(C) ON A VOLUNTARY BASIS.—                          MITTED.—Notwithstanding any other provi-                 ‘‘(A) responds to inquiries made by persons
                                                 ‘‘(i) IN GENERAL.—Subject to subparagraphs            sion of law, the person or entity may copy a           at any time through a toll-free electronic
                                               (A) and (B) and paragraph (2), beginning on             document presented by an individual pursu-             media concerning an individual’s identity
                                               the date that is 30 days after the date of the          ant to this subsection and may retain such             and whether the individual is authorized to
                                               enactment of the Secure the Border Act of               copy, but only (except as otherwise per-               be employed in the United States; and
                                               2023, an employer may make an inquiry pur-              mitted under law) for the purpose of com-                ‘‘(B) maintains records of the inquiries
                                               suant      to  subsection   (d),   using    the         plying with the requirements under this sub-           that were made, of verifications provided (or
                                               verification system to seek verification of             section.                                               not provided), and of the codes provided to




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00069   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1926                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               inquirers as evidence of their compliance                 ‘‘(5) RESPONSIBILITIES OF COMMISSIONER OF            accordance with chapter 171 of title 28,
                                               with their obligations under this section.              SOCIAL SECURITY.—                                      United States Code (commonly known as the
                                                 ‘‘(2) INITIAL RESPONSE.—Not later than 3                ‘‘(A) IN GENERAL.—As part of the System,             ‘Federal Tort Claims Act’, and injunctive re-
                                               business days after the receipt of an initial           the Commissioner of Social Security, in con-           lief to correct such error. No class action
                                               inquiry described in paragraph (1)(A), the              sultation with the Secretary of Homeland               may be brought under this paragraph.’’.
                                               System shall provide—                                   Security (and any designee of the Secretary
                                                                                                                                                              SEC. 583. RECRUITMENT, REFERRAL, AND CON-
                                                 ‘‘(A) confirmation or a tentative noncon-             selected to establish and administer the Sys-                      TINUATION OF EMPLOYMENT.
                                               firmation of an individual’s identity and em-           tem), shall establish a reliable, secure meth-
                                               ployment eligibility; and                               od, which, within the time periods specified             (a) ADDITIONAL CHANGES TO RULES FOR RE-
                                                 ‘‘(B) an appropriate code indicating such             in paragraphs (2) and (3), compares the name           CRUITMENT, REFERRAL, AND CONTINUATION OF
                                               confirmation or such nonconfirmation.                   and Social Security account number pro-                EMPLOYMENT.—Section 274A(a) of the Immi-
                                                 ‘‘(3) SECONDARY VERIFICATION PROCESS IN               vided in an inquiry against such information           gration and Nationality Act (8 U.S.C.
                                               CASE OF TENTATIVE NONCONFIRMATION.—                     maintained by the Commissioner in order to             1324a(a)) is amended—
                                                 ‘‘(A) IN GENERAL.—Except as provided in               validate (or not validate)—                              (1) in paragraph (1)—
                                               subparagraph (B), not later than 10 business              ‘‘(i) the information provided regarding an            (A) in subparagraph (A), by striking ‘‘or to
                                               days after the date on which a notice of ten-           individual whose identity and employment               recruit or refer for a fee,’’ and inserting ‘‘re-
                                               tative nonconfirmation is received by an em-            eligibility is being confirmed;                        cruit, or refer’’; and
                                               ployee, the Secretary, in consultation with               ‘‘(ii) the correspondence of the name and              (B) by amending subparagraph (B) to read
                                               the Commissioner of Social Security, shall              number; and                                            as follows:
                                               specify an available secondary verification               ‘‘(iii) whether the individual has presented           ‘‘(B) to hire, continue to employ, or to re-
                                               process—                                                a Social Security account number that is not           cruit or refer for employment in the United
                                                 ‘‘(i) to confirm the validity of the informa-         valid for employment.                                  States an individual without complying with
                                               tion provided; and                                        ‘‘(B) LIMITATION ON DISCLOSURE.—The Com-             the requirements under subsection (b).’’; and
                                                 ‘‘(ii) to provide a final confirmation or             missioner may not disclose or release Social             (2) in paragraph (2), by striking ‘‘after hir-
                                               nonconfirmation.                                        Security information (other than such con-             ing an alien for employment in accordance
                                                 ‘‘(B) EXTENSION.—The Secretary, in con-               firmation or nonconfirmation) under the                with paragraph (1),’’ and inserting ‘‘after
                                               sultation with the Commissioner—                        System except as provided for in this section          complying with paragraph (1),’’.
                                                 ‘‘(i) may extend the deadline set forth in            or section 205(c)(2)(I) of the Social Security           (b) DEFINED TERM.—Section 274A(h) of the
                                               subparagraph (A), on a case-by-case basis, for          Act (42 U.S.C. 405(c)(2)(I)).                          Immigration and Nationality Act (8 U.S.C.
                                               a period of 10 business days; and                         ‘‘(6) RESPONSIBILITIES OF SECRETARY OF               1324a(h)), as amended by section 581(b), is
                                                 ‘‘(ii) if such deadline is extended—                  HOMELAND SECURITY.—As part of the System,              further amended by adding at the end the
                                                 ‘‘(I) shall document such extension within            the Secretary of Homeland Security (in con-            following:
                                               the System; and                                         sultation with any designee of the Secretary             ‘‘(5) DEFINITIONS OF RECRUIT AND REFER.—
                                                 ‘‘(II) shall notify the employee and em-              selected to establish and administer the Sys-            ‘‘(A) RECRUIT.—In this section, the term
                                               ployer of such extension.                               tem), shall establish a reliable, secure meth-         ‘recruit’—
                                                 ‘‘(C) EXTENSION PROCESS.—The Secretary,               od, which, within the time periods specified             ‘‘(i) means the act of soliciting a person
                                               in consultation with the Commissioner,                  in paragraphs (2) and (3), compares the name           who is in the United States, directly or indi-
                                               shall—                                                  and alien identification or authorization              rectly, and referring the person to another
                                                 ‘‘(i) establish a standard process for—               number (or any other information as deter-
                                                                                                                                                              with the intent of obtaining employment for
                                                 ‘‘(I) considering extensions authorized               mined relevant by the Secretary) which are
                                                                                                                                                              that person;
                                               under subparagraph (B)(i); and                          provided in an inquiry against such informa-
                                                                                                                                                                ‘‘(ii) except as provided in clause (iii), only
                                                 ‘‘(II) notifying employees and employers of           tion maintained or accessed by the Secretary
                                                                                                                                                              includes persons or entities referring for re-
                                               such extension pursuant to subparagraph                 in order to validate (or not validate)—
                                                                                                                                                              muneration (whether on a retainer or contin-
                                               (B)(ii)(II); and                                          ‘‘(A) the information provided;
                                                                                                                                                              gency basis); and
                                                 ‘‘(ii) make a description of such process               ‘‘(B) the correspondence of the name and
                                                                                                                                                                ‘‘(iii) includes—
                                               available to the public.                                number;
                                                                                                                                                                ‘‘(I) union hiring halls that refer union
                                                 ‘‘(D) CODE.—The System shall provide an                 ‘‘(C) whether the alien is authorized to be
                                               appropriate code indicating confirmation or             employed in the United States; or                      members or nonunion individuals who pay
                                               nonconfirmation.                                          ‘‘(D) to the extent that the Secretary de-           union membership dues, whether or not such
                                                 ‘‘(4) DESIGN AND OPERATION OF SYSTEM.—                termines to be feasible and appropriate,               halls receive remuneration; and
                                               The System shall be designed and operated—              whether the records available to the Sec-                ‘‘(II) labor service entities or labor service
                                                 ‘‘(A) to maximize its reliability and ease of         retary verify the identity or status of a na-          agencies, whether public, private, for-profit,
                                               use by persons and other entities consistent            tional of the United States.                           or nonprofit, that recruit, dispatch, or other-
                                               with insulating and protecting the privacy                ‘‘(7) UPDATING INFORMATION.—The Commis-              wise facilitate the hiring of laborers for any
                                               and security of the underlying information;             sioner of Social Security and the Secretary            period of time by a third party.
                                                 ‘‘(B) to respond to all inquiries made by             of Homeland Security shall—                              ‘‘(B) REFER.—In this section, the term
                                               such persons and entities on whether individ-             ‘‘(A) update information in the System in            ‘refer’—
                                               uals are authorized to be employed and to               a manner that promotes the maximum accu-                 ‘‘(i) means the act of sending or directing
                                               register all times when such inquiries are              racy; and                                              a person who is in the United States or
                                               not received;                                             ‘‘(B) provide a process for the prompt cor-          transmitting documentation or information
                                                 ‘‘(C) with appropriate administrative, tech-          rection of erroneous information, including            to another, directly or indirectly, with the
                                               nical, and physical safeguards to prevent un-           instances in which errors are brought to               intent of obtaining employment in the
                                               authorized disclosure of personal informa-              their attention in the secondary verification          United States for such person;
                                               tion;                                                   process described in paragraph (3).                      ‘‘(ii) except as provided in clause (iii), only
                                                 ‘‘(D) to have reasonable safeguards against             ‘‘(8) LIMITATION ON USE OF THE SYSTEM AND            includes persons or entities referring for re-
                                               the system’s resulting in unlawful discrimi-            ANY RELATED SYSTEMS.—                                  muneration (whether on a retainer or contin-
                                               natory practices based on national origin or              ‘‘(A) NO NATIONAL IDENTIFICATION CARD.—              gency basis); and
                                               citizenship status, including—                          Nothing in this section may be construed to              ‘‘(iii) includes—
                                                 ‘‘(i) the selective or unauthorized use of            authorize (directly or indirectly) the                   ‘‘(I) union hiring halls that refer union
                                               the system to verify eligibility; or                    issuance or use of national identification             members or nonunion individuals who pay
                                                 ‘‘(ii) the exclusion of certain individuals           cards or the establishment of a national               union membership dues, whether or not such
                                               from consideration for employment as a re-              identification card.                                   halls receive remuneration; and
                                               sult of a perceived likelihood that additional            ‘‘(B) CRITICAL INFRASTRUCTURE.—The Sec-                ‘‘(II) labor service entities or labor service
                                               verification will be required, beyond what is           retary of Homeland Security may authorize              agencies, whether public, private, for-profit,
                                               required for most job applicants;                       or direct any person or entity responsible for         or nonprofit, that refer, dispatch, or other-
                                                 ‘‘(E) to maximize the prevention of iden-             granting access to, protecting, securing, op-          wise facilitate the hiring of laborers for any
                                               tity theft use in the system; and                       erating, administering, or regulating part of          period of time by a third party.’’.
                                                 ‘‘(F) to limit the subjects of verification           the critical infrastructure (as defined in sec-          (c) EFFECTIVE DATES.—
                                               to—                                                     tion 1016(e) of the Critical Infrastructure              (1) IN GENERAL.—Except as provided in
                                                 ‘‘(i) individuals hired, referred, or re-             Protection Act of 2001 (42 U.S.C. 5195c(e))) to        paragraph (2), the amendments made by this




SSpencer on DSK126QN23PROD with SENATE
                                               cruited, in accordance with paragraph (1) or            use the System to the extent the Secretary             section shall take effect on the date that is
                                               (4) of subsection (b);                                  determines that such use will assist in the            1 year after the date of the enactment of this
                                                 ‘‘(ii) employees and prospective employees,           protection of the critical infrastructure.             Act.
                                               in accordance with paragraph (1), (2), (3), or            ‘‘(9) REMEDIES.—If an individual alleges               (2) EXCEPTION.—The amendments made by
                                               (4) of subsection (b); and                              that the individual would not have been dis-           subsection (a) shall take effect on the date
                                                 ‘‘(iii) individuals seeking to confirm their          missed from a job or would have been hired             that is 6 months after the date of the enact-
                                               own employment eligibility on a voluntary               for a job but for an error of the System, the          ment of this Act to the extent such amend-
                                               basis.                                                  individual may seek compensation only in               ments relate to continuation of employment.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00070   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                      S1927
                                               SEC. 584. GOOD FAITH DEFENSE.                           or local law, ordinance, policy, or rule, in-          ‘‘not less than $2,500 and not more than
                                                 Section 274A(a)(3) of the Immigration and             cluding any criminal or civil fine or penalty          $5,000’’;
                                               Nationality Act (8 U.S.C. 1324a(a)(3)) is               structure, to the extent they may relate to               (III) in clause (ii), by striking ‘‘not less
                                               amended to read as follows:                             the hiring, continued employment, or status            than $2,000 and not more than $5,000’’ and in-
                                                 ‘‘(3) GOOD FAITH DEFENSE.—                            verification for employment eligibility pur-           serting ‘‘not less than $5,000 and not more
                                                 ‘‘(A) DEFENSE.—An employer (or a person               poses, of unauthorized aliens.                         than $10,000’’;
                                               or entity that hires, employs, recruits, re-              ‘‘(B) STATE ENFORCEMENT OF FEDERAL                      (IV) in clause (iii), by striking ‘‘not less
                                               fers, or is otherwise obligated to comply               LAW.—                                                  than $3,000 and not more than $10,000’’ and
                                               with this section) that establishes good faith            ‘‘(i) BUSINESS LICENSING.—A State, local-            inserting ‘‘not less than $10,000 and not more
                                               compliance with the requirements under sub-             ity, municipality, or political subdivision            than $25,000’’; and
                                               section (b)—                                            may exercise its authority over business li-              (ii) by amending subparagraph (B) to read
                                                 ‘‘(i) shall not be liable to a job applicant,         censing and similar laws as a penalty for              as follows:
                                               an employee, the Federal Government, or a               failure to use the verification system de-                ‘‘(B) may require the person or entity to
                                               State or local government, under Federal,               scribed in subsection (d) to verify employ-            take such other remedial action as is appro-
                                               State, or local criminal or civil law for any           ment eligibility in accordance with sub-               priate.’’;
                                               employment-related action taken with re-                section (b).                                              (C) in paragraph (5)—
                                               spect to a job applicant or employee in good-             ‘‘(ii) GENERAL RULES.—                                  (i) in the paragraph heading, by striking
                                               faith reliance on information provided                    ‘‘(I) STATE ENFORCEMENT.—A State, at its             ‘‘PAPERWORK’’;
                                               through the verification system established             own cost, may enforce the provisions of this              (ii) by inserting ‘‘, subject to paragraphs
                                               pursuant to subsection (d); and                         section if such State—                                 (10) through (12),’’ after ‘‘in an amount’’;
                                                 ‘‘(ii) has established compliance with the              ‘‘(aa) complies with any Federal regula-                (iii) by striking ‘‘$100 and not more than
                                               employer’s obligations under subparagraphs              tions, rules, and guidance implementing this
                                                                                                                                                              $1,000’’ and inserting ‘‘$1,000 and not more
                                               (A) and (B) of paragraph (1) and subsection             section; and
                                                                                                                                                              than $25,000’’; and
                                               (b) absent a showing by the Secretary of                  ‘‘(bb) applies the Federal penalty structure
                                                                                                                                                                 (iv) by adding at the end the following:
                                               Homeland Security, by clear and convincing              required under this section.
                                                                                                                                                              ‘‘Failure by a person or entity to utilize the
                                               evidence, that the employer had knowledge                 ‘‘(II) FINES.—A State described in sub-
                                                                                                                                                              employment eligibility verification system
                                               that an employee is an unauthorized alien.              clause (I) may collect any fines assessed
                                                                                                                                                              in accordance with this section, or providing
                                                 ‘‘(B) MITIGATION ELEMENT.—For purposes of             under this section.
                                                                                                                                                              information to the system that the person or
                                               subparagraph (A)(i), if an employer proves,               ‘‘(III) DOUBLE JEOPARDY.—An employer
                                                                                                                                                              entity knows or reasonably believes to be
                                               by a preponderance of the evidence, that the            may not be subject to enforcement, includ-
                                                                                                                                                              false, shall be treated as a violation of sub-
                                               employer used a reasonable, secure, and es-             ing audit and investigation, by a Federal
                                                                                                                                                              section (a)(1)(A).’’; and
                                               tablished technology to authenticate the                agency and a State for the same violation
                                               identity of the new employee, that fact shall           under this section. The government entity                 (D) by adding at the end the following:
                                               be taken into account for purposes of deter-            that first initiates such an enforcement ac-              ‘‘(10) WAIVER OR REDUCTION OF PENALTY FOR
                                                                                                                                                              GOOD FAITH VIOLATION.—In the case of impo-
                                               mining good faith use of the verification sys-          tion has the right of first refusal to proceed
                                               tem established pursuant to subsection (d).             with the enforcement action.                           sition of a civil penalty under paragraph
                                                 ‘‘(C) FAILURE TO SEEK AND OBTAIN                        ‘‘(IV) GUIDANCE, TRAINING, AND FIELD IN-             (4)(A) with respect to a violation of para-
                                               VERIFICATION.—                                          STRUCTIONS.—The Secretary of Homeland Se-
                                                                                                                                                              graph (1)(A) or (2) of subsection (a) for hiring
                                                 ‘‘(i) IN GENERAL.—Subject to the effective            curity shall provide copies of all guidance,           or continuation of employment or recruit-
                                               dates and other deadlines applicable under              training, and field instructions that are              ment or referral by person or entity and in
                                               subsection (b), a person or entity in the               available to Federal officials enforcing the           the case of imposition of a civil penalty
                                               United States that hires, or continues to em-           provisions of this section to each State.’’.           under paragraph (5) for a violation of sub-
                                               ploy, an individual, or recruits or refers an           SEC. 586. REPEAL.
                                                                                                                                                              section (a)(1)(B) for hiring or recruitment or
                                               individual for employment, shall be subject                                                                    referral by a person or entity, the penalty
                                                                                                         (a) IN GENERAL.—Subtitle A of title IV of
                                               to the requirements set forth in clauses (ii)                                                                  otherwise imposed may be waived or reduced
                                                                                                       the Illegal Immigration Reform and Immi-
                                               and (iii).                                              grant Responsibility Act of 1996 (8 U.S.C.             if the violator establishes that the violator
                                                 ‘‘(ii) FAILURE TO SEEK VERIFICATION.—                 1324a note) is repealed.                               acted in good faith.
                                                 ‘‘(I) IN GENERAL.—If the person or entity               (b) REFERENCES.—Any reference in any                    ‘‘(11) MITIGATION ELEMENT.—For purposes
                                               has not made an inquiry through the                     Federal law, Executive order, rule, regula-            of paragraph (4), the size of the business
                                               verification system established pursuant                tion, or delegation of authority, or any docu-         shall be taken into account when assessing
                                               subsection (d) and in accordance with the               ment of, or pertaining to, the Department of           the level of civil money penalty.
                                               timeframes established under subsection (b),            Homeland Security, Department of Justice,                 ‘‘(12) AUTHORITY TO DEBAR EMPLOYERS FOR
                                               seeking verification of the identity and work           or the Social Security Administration, to              CERTAIN VIOLATIONS.—
                                               eligibility of the individual, the defense              the employment eligibility confirmation sys-              ‘‘(A) IN GENERAL.—If a person or entity is
                                               under subparagraph (A) shall not be consid-             tem established under section 404 of the Ille-         determined by the Secretary of Homeland
                                               ered to apply with respect to any employ-               gal Immigration Reform and Immigrant Re-               Security to be a repeat violator of paragraph
                                               ment, except as provided in subclause (II).             sponsibility Act of 1996 (8 U.S.C. 1324a note)         (1)(A) or (2) of subsection (a), or is convicted
                                                 ‘‘(II) SPECIAL RULE FOR FAILURE OF                    is deemed to refer to the employment eligi-            of a crime under this section, such person or
                                               VERIFICATION MECHANISM.—If the person or                bility verification system established under           entity may be considered for debarment from
                                               entity attempts to make an inquiry in good              section 274A(d) of the Immigration and Na-             the receipt of Federal contracts, grants, or
                                               faith in order to qualify for the defense               tionality Act, as amended by section 582.              cooperative agreements in accordance with
                                               under subparagraph (A) and the verification               (c) EFFECTIVE DATE.—This section shall               the debarment standards and pursuant to the
                                               system registers that not all inquiries were            take effect on the date that is 30 months              debarment procedures set forth in the Fed-
                                               responded to during the relevant time, the              after the date of the enactment of this Act.           eral Acquisition Regulation.
                                               person or entity can make an inquiry until                (d) CLERICAL AMENDMENT.—The table of                    ‘‘(B) DOES NOT HAVE CONTRACT, GRANT,
                                               the end of the first subsequent business day            contents in section 1(d) of the Illegal Immi-          AGREEMENT.—If the Secretary of Homeland
                                               in which the verification mechanism reg-                gration Reform and Immigrant Responsi-                 Security or the Attorney General determines
                                               isters no nonresponses and qualify for such             bility Act of 1996, is amended by striking the         that a person or entity should be considered
                                               defense.                                                items relating to subtitle A of title IV.              for debarment under subparagraph (A), and
                                                 ‘‘(iii) FAILURE TO OBTAIN VERIFICATION.—If            SEC. 587. PENALTIES.                                   such a person or entity does not hold a Fed-
                                               the person or entity made the inquiry de-                  Section 274A of the Immigration and Na-             eral contract, grant, or cooperative agree-
                                               scribed in clause (i)(I), but did not receive an        tionality Act (8 U.S.C. 1324a) is amended—             ment, the Secretary or the Attorney General
                                               appropriate verification of such identity and              (1) in subsection (e)—                              shall refer the matter to the Administrator
                                               work eligibility from the verification system              (A) in paragraph (1)—                               of General Services to determine—
                                               within the time period specified in sub-                   (i) by striking ‘‘Attorney General’’ each              ‘‘(i) whether to list the person or entity on
                                               section (d)(2) after the verification inquiry           place such term appears and inserting ‘‘Sec-           the List of Parties Excluded from Federal
                                               was received, the defense under subpara-                retary of Homeland Security’’; and                     Procurement; and
                                               graph (A) shall not be considered to apply                 (ii) in subparagraph (D), by striking ‘‘Serv-          ‘‘(ii) if so listed, the duration and scope of
                                               with respect to any employment after the                ice’’ and inserting ‘‘Department of Homeland           such exclusion.




SSpencer on DSK126QN23PROD with SENATE
                                               end of such period.’’.                                  Security’’;                                               ‘‘(C) HAS CONTRACT, GRANT, AGREEMENT.—If
                                               SEC. 585. PREEMPTION AND STATES’ RIGHTS.                   (B) in paragraph (4)—                               the Secretary of Homeland Security or the
                                                 Section 274A(h)(2) of the Immigration and                (i) in subparagraph (A)—                            Attorney General determines that a person
                                               Nationality Act (8 U.S.C. 1324a(h)(2)) is                  (I) in the matter before clause (i), by in-         or entity should be considered for debarment
                                               amended to read as follows:                             serting ‘‘, subject to paragraph (10),’’ after         under subparagraph (A), and such person or
                                                 ‘‘(2) PREEMPTION.—                                    ‘‘in an amount’’;                                      entity holds a Federal contract, grant, or co-
                                                 ‘‘(A) SINGLE, NATIONAL POLICY.—The provi-                (II) in clause (i), by striking ‘‘not less than     operative agreement, the Secretary or the
                                               sions under this section preempt any State              $250 and not more than $2,000’’ and inserting          Attorney General—




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00071   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1928                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                                 ‘‘(i) shall advise all Federal agencies or de-        Commissioner under section 274A(d) of the              for such system purposes unless the indi-
                                               partments holding a contract, grant, or co-             Immigration and Nationality Act (8 U.S.C.              vidual using such number is able to estab-
                                               operative agreement with such person or en-             1324a(d)), as amended by section 582, includ-          lish, through secure and fair additional secu-
                                               tity of the Government’s interest in having             ing—                                                   rity procedures, that the individual is the le-
                                               the person or entity considered for debar-                (A) acquiring, installing, and maintaining           gitimate holder of such number.
                                               ment; and                                               technological equipment and systems nec-                 (b) ALLOWING SUSPENSION OF USE OF CER-
                                                 ‘‘(ii) after soliciting and considering the           essary for the fulfillment of the responsibil-         TAIN SOCIAL SECURITY ACCOUNT NUMBERS.—
                                               views of all such agencies and departments,             ities of the Commissioner under such section           The Secretary of Homeland Security, in con-
                                               may refer the matter to any appropriate lead            274A(d), but only that portion of such costs           sultation with the Commissioner of Social
                                               agency to determine—                                    that are attributable exclusively to such re-          Security, shall establish a program that pro-
                                                 ‘‘(I) whether to list the person or entity on         sponsibilities; and                                    vides a reliable, secure method by which vic-
                                               the List of Parties Excluded from Federal                 (B) responding to individuals who contest a          tims of identity fraud and other individuals
                                               Procurement; and                                        tentative nonconfirmation provided by the              may suspend or limit the use of their Social
                                                 ‘‘(II) if so listed, the duration and scope of        employment eligibility verification system             Security account number or other identi-
                                               such exclusion.                                         established under such section;                        fying information for purposes of the em-
                                                 ‘‘(D) REVIEW.—Any decision to debar a per-              (2) provides the funds described in para-            ployment eligibility verification system es-
                                               son or entity in accordance with this para-             graph (1) annually in advance of the applica-          tablished under section 274A(d) of the Immi-
                                               graph shall be reviewable under part 9.4 of             ble quarter based on estimating methodology            gration and Nationality Act, as amended by
                                               the Federal Acquisition Regulation.                     agreed to by the Commissioner and the Sec-             section 582. The Secretary may implement
                                                 ‘‘(13) OFFICE FOR STATE AND LOCAL GOVERN-             retary (except when the delayed enactment              such program on a limited pilot program
                                               MENT COMPLAINTS.—The Secretary of Home-                 of an annual appropriation may preclude                basis before making it fully available to all
                                               land Security shall establish an office—                such quarterly payments); and                          individuals.
                                                 ‘‘(A) to which State and local government               (3) requires an annual accounting and rec-             (c) ALLOWING PARENTS TO PREVENT THEFT
                                               agencies may submit information indicating              onciliation of the actual costs incurred and           OF THEIR CHILDREN’S IDENTITY.—The Sec-
                                               potential violations of subsection (a), (b), or         the funds provided under the agreement,                retary of Homeland Security, in consultation
                                               (g)(1) that were generated in the normal                which shall be reviewed by the Inspector               with the Commissioner of Social Security,
                                               course of law enforcement or the normal                 General of the Social Security Administra-             shall establish a program that provides a re-
                                               course of other official activities in the              tion and the Inspector General of the Depart-          liable, secure method by which parents or
                                               State or locality; and                                  ment of Homeland Security.                             legal guardians may suspend or limit the use
                                                 ‘‘(B) that is required—                                 (b)     CONTINUATION     OF    EMPLOYMENT            of the Social Security account number or
                                                 ‘‘(i) to indicate to the complaining State or         VERIFICATION IN ABSENCE OF TIMELY AGREE-               other identifying information of a minor
                                               local agency not later than 5 business days             MENT.—                                                 under their care for the purposes of the em-
                                               after such a complaint is filed by identifying            (1) IN GENERAL.—If an agreement required             ployment eligibility verification system es-
                                               whether the Secretary will further inves-               under subsection (a) for any fiscal year does          tablished under 274A(d) of the Immigration
                                               tigate the information provided;                        not take effect by the first day of such fiscal        and Nationality Act, as amended by section
                                                 ‘‘(ii) to investigate complaints filed by             year—                                                  582. The Secretary may implement such pro-
                                               State or local government agencies that, on
                                                                                                         (A) the Commissioner of Social Security              gram on a limited pilot program basis before
                                               their face, have a substantial probability of
                                                                                                       and the Secretary of Homeland Security                 making it fully available to all individuals.
                                               validity;
                                                                                                       shall immediately notify the Committee on              SEC. 591. USE OF EMPLOYMENT ELIGIBILITY
                                                 ‘‘(iii) to notify the complaining State or
                                                                                                       Finance of the Senate, the Committee on the                       VERIFICATION PHOTO TOOL.
                                               local agency of the results of any such inves-
                                                                                                       Judiciary of the Senate, the Committee on                An employer who uses the photo matching
                                               tigation conducted; and
                                                                                                       Appropriations of the Senate, the Committee            tool used as part of the E-Verify System
                                                 ‘‘(iv) to submit an annual report to Con-
                                                                                                       on Ways and Means of the House of Rep-                 shall match the photo tool photograph to—
                                               gress that identifies—
                                                                                                       resentatives, the Committee on the Judici-               (1) the photograph on the identity or em-
                                                 ‘‘(I) the number of complaints received
                                                                                                       ary of the House of Representatives, and the           ployment eligibility document provided by
                                               under this paragraph during the reporting
                                               period;                                                 Committee on Appropriations of the House               the employee; and
                                                 ‘‘(II) the States and localities that filed           of Representatives of the failure to reach the           (2) the face of the employee submitting the
                                               such complaints; and                                    agreement required under subsection (a) for            document for employment verification pur-
                                                 ‘‘(III) the resolution of any complaints              such fiscal year; and                                  poses.
                                               that were investigated by the Secretary.’’;               (B) the most recent agreement between the            SEC. 592. IDENTITY AUTHENTICATION EMPLOY-
                                               and                                                     Commissioner and the Secretary of Home-                            MENT ELIGIBILITY VERIFICATION
                                                 (2) in subsection (f), by amending para-              land Security providing funding for the costs                      PILOT PROGRAMS.
                                               graph (1) to read as follows:                           incurred by the Commissioner to implement                (a) IN GENERAL.—Not later than 2 years
                                                 ‘‘(1) CRIMINAL PENALTY.—Notwithstanding               section 274A(d) of the Immigration and Na-             after the date of the enactment of this Act,
                                               any other Federal law relating to fine levels,          tionality Act, as amended by section 582,              the Secretary of Homeland Security, after
                                               any person or entity that engages in a pat-             shall be deemed in effect on an interim basis          consultation with the Commissioner of So-
                                               tern or practice of violations of paragraph (1)         for such fiscal year until the new agreement           cial Security and the Director of the Na-
                                               or (2) of subsection (a) shall be fined not             required under subsection (a) takes effect,            tional Institute of Standards and Tech-
                                               more than $5,000 for each unauthorized alien            except that the terms of such interim agree-           nology, shall establish, by regulation, not
                                               with respect to which such a violation oc-              ment shall be modified by the Director of the          less than 2 identity authentication employ-
                                               curs, imprisoned for not more than 18                   Office of Management and Budget to adjust              ment eligibility verification pilot programs
                                               months, or both.’’.                                     for inflation and any increase or decrease in          (referred to in this section as ‘‘Authentica-
                                                                                                       the volume of requests under the employ-               tion Pilots’’), each of which shall use a sepa-
                                               SEC. 588. FRAUD AND MISUSE OF DOCUMENTS.
                                                                                                       ment eligibility verification system.                  rate and distinct technology.
                                                 Section 1546(b) of title 18, United States
                                                                                                         (2) STATUS REPORTS.—Not less frequently                (b) PURPOSE.—The purpose of the Authen-
                                               Code, is amended—
                                                                                                       than quarterly while an interim agreement              tication Pilots shall be to provide for iden-
                                                 (1) in paragraph (1), by inserting ‘‘or docu-
                                                                                                       described in paragraph (1)(B) is in effect, the        tity authentication and employment eligi-
                                               ment meant to establish work authorization
                                                                                                       Commissioner and the Secretary shall notify            bility verification with respect to enrolled
                                               (including any document described in section
                                                                                                       the congressional committees listed in para-           new employees. Such services shall be avail-
                                               274A(b) of the Immigration and Nationality
                                                                                                       graph (1)(A) of the status of negotiations be-         able to any employer that elects to partici-
                                               Act (8 U.S.C. 1324a(b))),’’ after ‘‘identifica-
                                                                                                       tween the Commissioner and the Secretary               pate in any of the Authentication Pilots.
                                               tion document’’; and
                                                                                                       in order to reach a new agreement for the              Any participating employer may cancel the
                                                 (2) in paragraph (2), by inserting ‘‘or docu-
                                                                                                       current fiscal year.                                   employer’s participation in an Authentica-
                                               ment meant to establish work authorization
                                               (including any document described in section            SEC. 590. FRAUD PREVENTION.                            tion Pilot on or after the date that is 1 year
                                               274A(b) of the Immigration and Nationality                (a) BLOCKING MISUSED SOCIAL SECURITY AC-             after electing to participate without preju-
                                               Act (8 U.S.C. 1324a(b))),’’ after ‘‘identifica-         COUNT NUMBERS.—The Secretary of Home-                  dice to future participation.
                                               tion document’’.                                        land Security, in consultation with the Com-             (c) REPORT.—Not later than 1 year after
                                               SEC. 589. PROTECTION OF SOCIAL SECURITY AD-             missioner of Social Security, shall establish          the commencement of the Authentication
                                                                                                       a program in which Social Security account             Pilots under this section, the Secretary of




SSpencer on DSK126QN23PROD with SENATE
                                                           MINISTRATION PROGRAMS.
                                                 (a) FUNDING UNDER AGREEMENT.—The Com-                 numbers that have been subject to unusual              Homeland Security shall submit a report to
                                               missioner of Social Security and the Sec-               multiple use in the employment eligibility             the Committee on the Judiciary of the Sen-
                                               retary of Homeland Security shall enter into            verification system established pursuant to            ate and the Committee on the Judiciary of
                                               and maintain annual agreements, for fiscal              section 274A(d) of the Immigration and Na-             the House of Representatives that includes—
                                               year 2024 and each subsequent fiscal year,              tionality Act, as amended by section 582, or             (1) the Secretary’s assessment of the effec-
                                               which—                                                  that are otherwise suspected or determined             tiveness of the Authentication Pilots; and
                                                 (1) provides funds to the Commissioner for            to have been compromised by identity fraud               (2) the authentication technology chosen
                                               the full costs of the responsibilities of the           or other misuse, shall be blocked from use             for each Authentication Pilot.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00072   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                      S1929
                                               SEC. 593. INSPECTOR GENERAL AUDITS.                     in the United States’’ (87 Fed. Reg. 61660              the hospital shall comply with the require-
                                                 (a) IN GENERAL.—Not later than 1 year                 (Oct. 12, 2022)) and to ‘‘Adverse Effect Wage           ments described in subparagraph (A) not
                                               after the date of the enactment of this Act,            Rate Methodology for the Temporary Em-                  later than 6 months after the date on which
                                               the Inspector General of the Social Security            ployment of H–2A Nonimmigrants in Non-                  the hospital begins such operation and every
                                               Administration shall seek to uncover evi-               Range Occupations in the United States’’ (88            year thereafter.
                                               dence of individuals who are not authorized             Fed. Reg. 12760 (Feb. 28, 2023)) and such rules           ‘‘(3) PROHIBITION ON SHIELDING INFORMA-
                                               to work in the United States by completing              shall have no force or effect.                          TION.—No hospital may shield the informa-
                                               audits of—                                                (b) REISSUANCE PROHIBITED.—The rules re-              tion required under paragraph (1) from on-
                                                 (1) workers who dispute wages reported on             ferred to in subsection (a) may not be re-              line search results through webpage coding.
                                               their Social Security account number when               issued in substantially the same form. Any                ‘‘(4) CIVIL MONETARY PENALTIES.—
                                               they believe someone else has used such                 new rules that are substantially the same as              ‘‘(A) IN GENERAL.—A hospital that fails to
                                               number and name to report wages;                        such rules may not be issued.                           comply with the requirements of this sub-
                                                 (2) minor’s Social Security account num-                                                                      section for a year shall be subject to a civil
                                               bers used for work purposes; and                          SA 111. Mr. LEE submitted an                          monetary penalty of an amount not to ex-
                                                 (3) employers whose workers present sig-              amendment intended to be proposed by                    ceed—
                                               nificant numbers of mismatched Social Se-               him to the bill H.R. 3746, to provide for                 ‘‘(i) in the case of a hospital with a bed
                                               curity account numbers or names for wage                a responsible increase to the debt ceil-                count of 30 or fewer, $600 for each day in
                                               reporting.                                                                                                      which the hospital fails to comply with such
                                                 (b) SUBMISSION OF FINDING.—The Inspector              ing; which was ordered to lie on the                    requirements;
                                               General of the Social Security Administra-              table; as follows:                                        ‘‘(ii) in the case of a hospital with a bed
                                               tion shall submit the findings of the audits              Beginning on page 9, strike line 22 and all           count that is greater than 30 and equal to or
                                               completed pursuant to subsection (a) to the             that follows through page 11, line 17, and in-          fewer than 550, $20 per bed for each day in
                                               Committee on Finance of the Senate and the              sert the following:                                     which the hospital fails to comply with such
                                               Committee on Ways and Means of the House                  (e) ADDITIONAL SPENDING LIMITS.—For pur-              requirements; or
                                               of Representatives for review of the evidence           poses                                                     ‘‘(iii) in the case of a hospital with a bed
                                               of individuals who are not authorized to                                                                        count that is greater than 550, $11,000 for
                                               work in the United States.                                SA 112. Mr. BUDD submitted an                         each day in which the hospital fails to com-
                                                 (c) INVESTIGATION.—The Chair of each of               amendment intended to be proposed by                    ply with such requirements.
                                               the congressional committees referred to in             him to the bill H.R. 3746, to provide for                 ‘‘(B) PROCEDURES.—
                                               subsection (b) shall determine whether the              a responsible increase to the debt ceil-                  ‘‘(i) IN GENERAL.—Except as otherwise pro-
                                               evidence received from the Inspector General                                                                    vided in this subsection, a civil monetary
                                               pursuant to subsection (b) should be shared
                                                                                                       ing; which was ordered to lie on the
                                                                                                                                                               penalty under subparagraph (A) shall be im-
                                               with the Secretary of Homeland Security to              table; as follows:                                      posed and collected in accordance with part
                                               enable the Secretary to investigate the un-               Strike title I of division B and insert the           180 of title 45, Code of Federal Regulations
                                               authorized employment demonstrated by                   following:                                              (or successor regulations).
                                               such evidence.                                           TITLE I—RESCISSION OF UNOBLIGATED                        ‘‘(ii) TIMING.—A hospital shall pay in full a
                                               SEC. 594. AGRICULTURE WORKFORCE STUDY.                                      FUNDS                               civil monetary penalty imposed on the hos-
                                                 Not later than 3 years after the date of the          SEC.      201.    RESCISSION  OF  UNOBLIGATED           pital under subparagraph (A) not later
                                               enactment of this Act, the Secretary of                                  CORONAVIRUS FUNDS.                     than—
                                               Homeland Security, in consultation with the               The unobligated balances of amounts ap-                 ‘‘(I) 60 calendar days after the date on
                                               Secretary of Agriculture, shall submit a re-            propriated or otherwise made available by               which the Secretary issues a notice of the
                                               port to the Committee on the Judiciary of               the American Rescue Plan Act of 2021 (Pub-              imposition of such penalty; or
                                               the Senate and the Committee on the Judici-             lic Law 117–2), and by each of Public Laws                ‘‘(II) in the event the hospital requests a
                                               ary of the House of Representatives that in-            116–123, 116–127, 116–136, and 116–139 and divi-        hearing pursuant to subpart D of part 180 of
                                               cludes—                                                 sions M and N of Public Law 116–260, are                title 45, Code of Federal Regulations (or suc-
                                                 (1) the number of individuals in the agri-            hereby permanently rescinded.                           cessor regulations), 60 calendar days after
                                               cultural workforce;                                                                                             the date of a final and binding decision in ac-
                                                 (2) the number of United States citizens in             SA 113. Mr. KENNEDY submitted an                      cordance with such subpart, to uphold, in
                                               the agricultural workforce;                                                                                     whole or in part, the civil monetary penalty.
                                                                                                       amendment intended to be proposed by
                                                 (3) the number of aliens in the agricultural                                                                    ‘‘(5) LIST OF HOSPITALS NOT IN COMPLI-
                                               workforce who are authorized to work in the
                                                                                                       him to the bill H.R. 3746, to provide for               ANCE.—The Secretary shall publish a list of
                                               United States;                                          a responsible increase to the debt ceil-                the name of each hospital that is not in com-
                                                 (4) the number of aliens in the agricultural          ing; which was ordered to lie on the                    pliance with the requirements under this
                                               workforce who are not authorized to work in             table; as follows:                                      subsection. Such list shall be published 280
                                               the United States;                                           Strike section 265.                                days after the date of enactment of the Fis-
                                                 (5) wage growth in each of the previous ten                                                                   cal Responsibility Act of 2023 and every 180
                                               years, disaggregated by agricultural sector;              SA 114. Mr. KENNEDY submitted an                      days thereafter.’’.
                                                 (6) the percentage of total agricultural in-          amendment intended to be proposed by
                                               dustry costs represented by agricultural                                                                          SA 115. Mr. KENNEDY submitted an
                                                                                                       him to the bill H.R. 3746, to provide for               amendment intended to be proposed by
                                               labor during each of the last 10 years;
                                                 (7) the percentage of agricultural costs in-          a responsible increase to the debt ceil-                him to the bill H.R. 3746, to provide for
                                               vested in mechanization during each of the              ing; which was ordered to lie on the                    a responsible increase to the debt ceil-
                                               last 10 years; and                                      table; as follows:                                      ing; which was ordered to lie on the
                                                 (8) recommendations (other than a path to               At the appropriate place, insert the fol-             table; as follows:
                                               legal status for aliens not authorized to               lowing:                                                   At the appropriate place, insert the fol-
                                               work in the United States) for ensuring that            SEC. l. HOSPITAL PRICE TRANSPARENCY RE-                 lowing:
                                               United States agricultural employers have a                       QUIREMENTS.
                                                                                                                                                               SEC. ll. IMPROVING COORDINATION BETWEEN
                                               workforce sufficient to cover industry needs,             Section 2718(e) of the Public Health Serv-                       FEDERAL AND STATE AGENCIES AND
                                               including recommendations—                              ice Act (42 U.S.C. 300gg–18(e)) is amended—                        THE DO NOT PAY WORKING SYSTEM.
                                                 (A) to increase investments in mechaniza-               (1) by striking ‘‘Each hospital’’ and insert-           (a) IN GENERAL.—Section 205(r) of the So-
                                               tion;                                                   ing the following:                                      cial Security Act (42 U.S.C. 405(r)), as amend-
                                                 (B) to increase the domestic workforce;                 ‘‘(1) IN GENERAL.—Each hospital’’;                    ed by section 801(a) of title VIII of division
                                               and                                                       (2) by inserting ‘‘, in accordance with para-         FF of the Consolidated Appropriations Act,
                                                 (C) to reform the H–2A nonimmigrant visa              graph (2)’’, after ‘‘for each year’’; and               2021 (Public Law 116–260), is amended by add-
                                               program.                                                  (3) by adding at the end the following:               ing at the end the following new paragraph:
                                               SEC. 595. SENSE OF CONGRESS ON FURTHER IM-                ‘‘(2) TIMING REQUIREMENTS.—                             ‘‘(12) Beginning December 28, 2026, the
                                                           PLEMENTATION.                                 ‘‘(A) IN GENERAL.—Each hospital operating             Commissioner of Social Security shall, to
                                                 It is the sense of Congress that in imple-            in the United States on the date of enact-              the extent feasible, provide information fur-
                                               menting the E-Verify Program, the Sec-                  ment of the Fiscal Responsibility Act of 2023           nished to the Commissioner under paragraph




SSpencer on DSK126QN23PROD with SENATE
                                               retary of Homeland Security should ensure               shall, not later than 6 months after such               (1) to the agency operating the Do Not Pay
                                               that any adverse impact on the Nation’s ag-             date of enactment and every year thereafter,            working system described in section 3354(c)
                                               ricultural workforce, operations, and food se-          establish (and update) and make public the              of title 31, United States Code, or an agent
                                               curity are considered and addressed.                    list under paragraph (1).                               thereof, to prevent improper payments to de-
                                               SEC. 596. REPEALING REGULATIONS.                          ‘‘(B) NEWLY OPERATING HOSPITALS.—In the               ceased individuals through a cooperative ar-
                                                 (a) IN GENERAL.—Congress disapproves the              case of a hospital that begins operating in             rangement with such agency, provided that
                                               final rules relating to ‘‘Temporary Agricul-            the United States after the date of enact-              the requirements of subparagraphs (A) and
                                               tural Employment of H–2A Nonimmigrants                  ment of the Fiscal Responsibility Act of 2023,          (B) of paragraph (3) are met with respect to




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000    Frm 00073   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.081   S01JNPT1
                                               S1930                                             CONGRESSIONAL RECORD — SENATE                                                           June 1, 2023
                                               such arrangement with such agency. Under                  (A) COMMISSION.—The term ‘‘Commission’’              (3), the Commission shall vote on the ap-
                                               such arrangement, the agency operating the              means the National Commission on Fiscal                proval of a final report, which shall con-
                                               Do Not Pay working system, or an agent                  Responsibility and Reform established under            tain—
                                               thereof, may compare the information so                 paragraph (2).                                            (I) the recommendations required under
                                               provided by the Commissioner with person-                 (B) FEDERAL AGENCY.—The term ‘‘Federal               paragraph (6)(B); and
                                               ally identifiable information derived from a            agency’’ means an establishment in the exec-              (II) a proposed joint resolution imple-
                                               Federal system of records or similar records            utive, legislative, or judicial branch of the          menting the recommendations described in
                                               maintained by a Federal contractor, a Fed-              Federal Government.                                    subclause (I).
                                               eral grantee, or an entity administering a                (2) ESTABLISHMENT.—Not later than 30 days               (ii) INTERIM REPORTS.—At any time after
                                               Federal program or activity, and may redis-             after the date of the enactment of this Act,           the date on which all members of the Com-
                                               close such comparison of information, as ap-            there shall be established within the legisla-         mission are appointed and prior to voting on
                                               propriate, to any paying or administering               tive branch a commission to be known as the            the approval of a final report under clause
                                               agency authorized to use the working sys-               National Commission on Fiscal Responsi-                (i), the Commission may vote on the ap-
                                               tem.’’.                                                 bility and Reform.                                     proval of an interim report containing such
                                                 (b) EFFECTIVE DATE.—The amendment                       (3) MEMBERSHIP.—                                     recommendations described in subsection
                                               made by subsection (a) shall take effect on               (A) COMPOSITION OF COMMISSION.—The Com-              paragraph (6)(B) as the Commission may pro-
                                               December 27, 2023.                                      mission shall be composed of 18 members, of            vide.
                                                                                                       whom—                                                     (B) APPROVAL OF REPORT.—The Commis-
                                                 SA 116. Mr. KENNEDY submitted an                        (i) 6 shall be appointed by the President, of
                                                                                                                                                              sion may only issue a report under this para-
                                               amendment intended to be proposed by                    whom not more than 3 shall be from the
                                                                                                                                                              graph if—
                                               him to the bill H.R. 3746, to provide for               same political party;
                                                                                                                                                                 (i) not less than 12 members of the Com-
                                                                                                         (ii) 3 shall be appointed by the majority
                                               a responsible increase to the debt ceil-                leader of the Senate, from among current
                                                                                                                                                              mission approve the report; and
                                               ing; which was ordered to lie on the                                                                              (ii) of the members approving the report
                                                                                                       Members of the Senate;
                                               table; as follows:                                                                                             under clause (i), not less than 4 are members
                                                                                                         (iii) 3 shall be appointed by the Speaker of
                                                                                                                                                              of the same political party to which the
                                                 At the appropriate place, insert the fol-             the House of Representatives, from among
                                                                                                       current Members of the House of Representa-            Speaker of the House of Representatives be-
                                               lowing:
                                                                                                       tives;                                                 longs and not less than 4 are members of the
                                               SEC. ll. USE OF THE DEATH MASTER FILE AND
                                                          THE DO NOT PAY WORKING SYSTEM                  (iv) 3 shall be appointed by the minority            same political party to which the minority
                                                          TO MATCH SAVINGS BONDS TO OWN-               leader of the Senate, from among current               leader of the House of Representatives be-
                                                          ERS.                                         Members of the Senate; and                             longs.
                                                 (a) IN GENERAL.—Notwithstanding any                     (v) 3 shall be appointed by the minority                (C) SUBMISSION OF REPORT.—With respect
                                               other provision of law, the Secretary of the            leader of the House of Representatives, from           to each report approved under this para-
                                               Treasury may access the Death Master File               among current Members of the House of Rep-             graph, the Commission shall—
                                               (as such term is defined in section 203(d) of           resentatives.                                             (i) submit to Congress the report; and
                                               the Bipartisan Budget Act of 2013 (42 U.S.C.              (B) INITIAL APPOINTMENTS.—Not later than                (ii) make the report available to the pub-
                                               1306c(d))) or the Do Not Pay working system             60 days after the date on which the Commis-            lic.
                                               described in section 3354(c) of title 31, United        sion is established, initial appointments to              (D) PREPARATION OF JOINT RESOLUTION.—
                                               States Code, for the purpose of locating the            the Commission shall be made.                             (i) IN GENERAL.—In drafting the proposed
                                               registered owner of an applicable United                  (C) VACANCY.—A vacancy on the Commis-                joint resolution described in subparagraph
                                               States savings bond.                                    sion shall be filled in the same manner as the         (A)(i)(II), the Commission—
                                                 (b) APPLICABLE UNITED STATES SAVINGS                  initial appointment.                                      (I) may use the services of the offices of
                                               BOND.—For purposes of this section, the                   (4) CO-CHAIRPERSONS.—From among the                  the Legislative Counsel of the Senate and
                                               term ‘‘applicable United States savings                 members appointed under paragraph (3), the             House of Representatives; and
                                               bond’’ means a United States savings bond               President shall designate 2 members, who                  (II) shall consult with the Comptroller
                                               that—                                                   shall not be of the same political party, to           General of the United States and the Direc-
                                                 (1) is past its date of final maturity;               serve as co-chairpersons of the Commission.            tor of the Congressional Budget Office.
                                                 (2) is—                                                 (5) QUALIFICATIONS.—Members appointed to                (ii) CONSULTATION WITH COMMITTEES.—In
                                                 (A) in paper form; or                                 the Commission shall have significant depth            drafting the proposed joint resolution de-
                                                 (B) is in paperless or electronic form and            of experience and responsibilities in matters          scribed in subparagraph (A)(i)(II), the co-
                                               for which—                                              relating to—                                           chairpersons of the Commission, with re-
                                                 (i) there is no designated bank account or              (A) government service;                              spect to the contents of the proposed joint
                                               routing information; or                                   (B) fiscal policy;                                   resolution, shall consult with—
                                                 (ii) the designated bank account or routing             (C) economics;                                          (I) the chairperson and ranking member of
                                               information is incorrect; and                             (D) Federal agency management or private             each relevant committee of the Senate and
                                                 (3) has not been redeemed.                            sector management;                                     the House of Representatives;
                                                                                                         (E) public administration; and                          (II) the majority and minority leader of
                                                 SA 117. Mr. RUBIO submitted an                          (F) law.                                             the Senate; and
                                               amendment intended to be proposed by                      (6) DUTIES.—                                            (III) the Speaker and minority leader of
                                               him to the bill H.R. 3746, to provide for                 (A) IN GENERAL.—The Commission shall                 the House of Representatives.
                                                                                                       identify policies to—                                     (iii) REQUIREMENTS FOR CONSULTATION.—
                                               a responsible increase to the debt ceil-                  (i) improve the fiscal situation of the Fed-         The consultation required under clause (ii)
                                               ing; which was ordered to lie on the                    eral Government in the medium term; and                shall provide the opportunity for each indi-
                                               table; as follows:                                        (ii) achieve fiscal sustainability of the Fed-       vidual described in clause (ii) to provide—
                                                 In title II of division C, add at the end the         eral Government in the long term.                         (I) recommendations for alternative means
                                               following:                                                (B) REQUIREMENTS.—In carrying out sub-               of addressing the recommendations described
                                               SEC. 315. DEFINITION OF FOOD UNDER SNAP.                paragraph (A), the Commission shall—                   in subparagraph (A)(i)(I); and
                                                 Section 3(k)(1) of the Food and Nutrition               (i) propose recommendations designed to                 (II) recommendations regarding which rec-
                                               Act of 2008 (7 U.S.C. 2012(k)(1)) is amended by         balance the budget of the Federal Govern-              ommendations described in subparagraph
                                               inserting ‘‘carbonated beverages containing             ment, excluding interest payments on the               (A)(i)(I) should not be addressed in the pro-
                                               added sugar,’’ before ‘‘hot foods’’.                    public debt, by the date that is 10 years after        posed joint resolution.
                                                                                                       the date on which the Commission is estab-                (iv) RELEVANT COMMITTEES.—For the pur-
                                                 SA 118. Ms. LUMMIS submitted an                       lished, in order to stabilize the ratio of the         pose of this subparagraph, the relevant com-
                                               amendment intended to be proposed by                    public debt to the gross domestic product of           mittees of the Senate and the House of Rep-
                                               her to the bill H.R. 3746, to provide for               the United States at an acceptable level; and          resentatives shall be—
                                                                                                         (ii) propose recommendations that mean-                 (I) the Committee on Finance of the Sen-
                                               a responsible increase to the debt ceil-                ingfully improve the long-term fiscal out-             ate;
                                               ing; which was ordered to lie on the                    look of the Federal Government, including                 (II) the Committee on Ways and Means of
                                               table; as follows:                                      changes to address the growth of entitlement           the House of Representatives;
                                                 At the appropriate place, insert the fol-             spending and the gap between the projected                (III) the Committee on Health, Education,




SSpencer on DSK126QN23PROD with SENATE
                                               lowing:                                                 revenues and expenditures of the Federal               Labor, and Pensions of the Senate; and
                                               SEC. lll. NATIONAL COMMISSION ON FISCAL                 Government.                                               (IV) the Committee on Energy and Com-
                                                         RESPONSIBILITY AND REFORM.                      (7) REPORTS AND PROPOSED JOINT RESOLU-               merce of the House of Representatives.
                                                 (a) SHORT TITLE.—This section may be                  TION.—                                                    (8) POWERS OF THE COMMISSION.—
                                               cited as the ‘‘Sustainable Budget Act of                  (A) IN GENERAL.—                                        (A) HEARINGS.—The Commission may hold
                                               2023’’.                                                   (i) FINAL REPORT.—Not later than 1 year              such hearings, sit and act at such times and
                                                 (b) ESTABLISHMENT OF COMMISSION.—                     after the date on which all members of the             places, take such testimony, and receive
                                                 (1) DEFINITIONS.—In this subsection:                  Commission are appointed under paragraph               such evidence as the Commission considers




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00074   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.076   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                    S1931
                                               advisable to carry out the duties of the Com-             (D) DETAIL OF GOVERNMENT EMPLOYEES.—                   (1) DEFINITION OF COMMISSION JOINT RESOLU-
                                               mission described in paragraph (6).                     Any employee of the Federal Government                 TION.—In this subsection, the term ‘‘Commis-
                                                 (B) INFORMATION FROM FEDERAL AGENCIES.—               may be detailed to the Commission—                     sion joint resolution’’ means a joint resolu-
                                                 (i) IN GENERAL.—The Commission may se-                  (i) without reimbursement; and                       tion that consists solely of the text of the
                                               cure directly from any Federal agency such                (ii) without interruption or loss of civil           proposed joint resolution required to be in-
                                               information as the Commission considers                 service status or privilege.                           cluded in the final report of the Commission
                                               necessary to carry out the duties of the Com-             (E) PROCUREMENT OF TEMPORARY AND                     under subsection (b)(7)(A)(i)(II).
                                               mission described in paragraph (6).                     INTERMITTENT       SERVICES.—The      co-chair-          (2) QUALIFYING LEGISLATION.—Only a Com-
                                                 (ii) PROVISION OF INFORMATION.—Upon re-               persons of the Commission may procure tem-             mission joint resolution shall be entitled to
                                               quest from the co-chairpersons of the Com-              porary and intermittent services under sec-            expedited consideration under this sub-
                                               mission, the head of a Federal agency shall             tion 3109(b) of title 5, United States Code, at        section.
                                               provide information described in clause (i) to          rates for individuals that do not exceed the             (3) CONSIDERATION IN THE HOUSE OF REP-
                                               the Commission.                                         daily equivalent of the annual rate of basic           RESENTATIVES.—
                                                 (C) POSTAL SERVICES.—The Commission                   pay prescribed for level V of the Executive              (A) INTRODUCTION.—A Commission joint
                                               may use the United States mail in the same              Schedule under section 5316 of such title.             resolution may be introduced in the House of
                                               manner and under the same conditions as de-               (11) TERMINATION OF THE COMMISSION.—The              Representatives (by request)—
                                               partments and agencies of the Federal Gov-              Commission shall terminate on the date that              (i) by the majority leader of the House of
                                               ernment.                                                is 30 days after the date on which the Com-            Representatives, or by a Member of the
                                                 (D) WEBSITE.—                                         mission submits the final report of the Com-           House of Representatives designated by the
                                                 (i) CONTENTS.—The Commission shall es-                mission under subsection (7)(A)(i).                    majority leader of the House of Representa-
                                               tablish a website containing—                             (12) RULES OF CONSTRUCTION.—Nothing in               tives, on the next legislative day after the
                                                 (I) the recommendations required under                this section shall be construed to—                    date on which the Commission approves the
                                               paragraph (6)(B); and                                     (A) impair or otherwise affect—                      final report of the Commission under sub-
                                                 (II) the records of attendance of the mem-              (i) authority granted by law to a Federal            section b(7)(A)(i); or
                                               bers of the Commission for each meeting of              agency or a head thereof; or                             (ii) if the Commission joint resolution is
                                               the Commission.                                           (ii) functions of the Director of the Office         not introduced under clause (i), by any Mem-
                                                 (ii) DATE OF PUBLICATION.—Not later than              of Management and Budget relating to budg-             ber of the House of Representatives on any
                                               72 hours after the conclusion of a meeting of           etary, administrative, or legislative pro-             legislative day beginning on the legislative
                                               the Commission, the Commission shall pub-               posals; or                                             day after the legislative day described in
                                               lish a recommendation or record of attend-                (B) create any right or benefit, substantive         clause (i).
                                               ance described under clause (i) that is made            or procedural, enforceable at law or in eq-              (B) REFERRAL AND REPORTING.—Any com-
                                               or taken at the meeting on the website es-              uity, by any party against the United States,          mittee of the House of Representatives to
                                               tablished under such subparagraph.                      the departments, agencies, entities, officers,         which a Commission joint resolution is re-
                                                 (9) ASSISTANCE OF OTHER LEGISLATIVE                   employees, or agents of the United States, or          ferred shall report the Commission joint res-
                                               BRANCH ENTITIES.—As the Commission con-                                                                        olution to the House of Representatives
                                                                                                       any other person.
                                               ducts the work of the Commission—                                                                              without amendment not later than 10 legis-
                                                                                                         (13) AUTHORIZATION OF APPROPRIATIONS.—
                                                 (A) the Comptroller General shall provide                                                                    lative days after the date on which the Com-
                                                                                                         (A) IN GENERAL.—There are authorized to
                                               technical assistance to the Commission on                                                                      mission joint resolution was so referred. If a
                                                                                                       be appropriated to the Commission such
                                               findings and recommendations of the Gov-                                                                       committee of the House of Representatives
                                                                                                       sums as may be necessary to carry out this
                                               ernment Accountability Office;                                                                                 fails to report a Commission joint resolution
                                                                                                       section.
                                                 (B) the Director of the Congressional Budg-                                                                  within that period, it shall be in order to
                                                                                                         (B) AVAILABILITY.—Any sums appropriated
                                               et Office shall provide technical assistance                                                                   move that the House of Representatives dis-
                                                                                                       under subparagraph (A) shall remain avail-
                                               to the Commission on findings and rec-                                                                         charge the committee from further consider-
                                                                                                       able, without fiscal year limitation, until ex-
                                               ommendations of the Congressional Budget                                                                       ation of the Commission joint resolution.
                                                                                                       pended.
                                               Office; and                                                                                                    Such a motion shall not be in order after the
                                                                                                         (14) INAPPLICABILITY OF FEDERAL ADVISORY
                                                 (C) the chair of the Joint Committee on                                                                      last committee authorized to consider the
                                                                                                       COMMITTEE ACT.—The Federal Advisory Com-
                                               Taxation shall provide technical assistance                                                                    Commission joint resolution reports it to the
                                               to the Commission on findings and rec-                  mittee Act (5 U.S.C. App.) shall not apply to          House of Representatives or after the House
                                               ommendations of the Joint Committee on                  the Commission.                                        of Representatives has disposed of a motion
                                               Taxation.                                                 (c) SPECIAL MESSAGE OF THE PRESIDENT.—               to discharge the Commission joint resolu-
                                                 (10) PERSONNEL MATTERS.—                                (1) DEFINITIONS.—In this subsection:                 tion. The previous question shall be consid-
                                                 (A) IN GENERAL.—Members of the Commis-                  (A) COMMISSION REPORT.—The term ‘‘Com-               ered as ordered on the motion to its adoption
                                               sion shall serve without compensation.                  mission report’’ means the final report of the         without intervening motion, except 20 min-
                                                 (B) TRAVEL EXPENSES.—Members of the                   National Commission on Fiscal Responsi-                utes of debate equally divided and controlled
                                               Commission shall be allowed travel expenses,            bility and Reform described in subsection              by the proponent and an opponent. If such a
                                               including per diem in lieu of subsistence, at           (b)(7)(A)(i).                                          motion is adopted, the House of Representa-
                                               rates authorized for employees of agencies                (B) SPECIAL MESSAGE.—The term ‘‘special              tives shall proceed immediately to consider
                                               under subchapter I of chapter 57 of title 5,            message’’ means the special message on the             the Commission joint resolution in accord-
                                               United States Code, while away from the                 Commission report required under paragraph             ance with subparagraphs (C) and (D). A mo-
                                               homes or regular places of business of the              (2)(A).                                                tion to reconsider the vote by which the mo-
                                               members in the performance of services for                (2) SUBMISSION OF SPECIAL MESSAGE.—                  tion is disposed of shall not be in order.
                                               the Commission.                                           (A) IN GENERAL.—Not later than 60 days                 (C) PROCEEDING TO CONSIDERATION.—After
                                                 (C) STAFF.—                                           after the date on which the Commission sub-            the last committee authorized to consider a
                                                 (i) IN GENERAL.—                                      mits the Commission report to Congress, the            Commission joint resolution reports it to the
                                                 (I) APPOINTMENT.—The co-chairpersons of               President shall submit to Congress a special           House of Representatives or has been dis-
                                               the Commission may, without regard to civil             message on the report.                                 charged (other than by motion) from its con-
                                               service laws and regulations, appoint and                 (B) TRANSMITTAL.—The President shall                 sideration, it shall be in order to move to
                                               terminate an executive director and such                submit the special message—                            proceed to consider the Commission joint
                                               other additional personnel as may be nec-                 (i) to the Secretary of the Senate if the            resolution in the House of Representatives.
                                               essary to enable the Commission to perform              Senate is not in session; and                          Such a motion shall not be in order after the
                                               the duties of the Commission.                             (ii) to the Clerk of the House of Represent-         House of Representatives has disposed of a
                                                 (II) APPROVAL.—The appointment of an ex-              atives if the House of Representatives is not          motion to proceed with respect to the Com-
                                               ecutive director under subclause (I) shall be           in session.                                            mission joint resolution. The previous ques-
                                               subject to confirmation by the Commission.                (3) CONTENTS OF SPECIAL MESSAGE.—The                 tion shall be considered as ordered on the
                                                 (ii) COMPENSATION.—                                   special message shall describe the reasons             motion to its adoption without intervening
                                                 (I) IN GENERAL.—The co-chairpersons of the            for the support or opposition of the Presi-            motion. A motion to reconsider the vote by
                                               Commission may fix the compensation of the              dent to the proposed joint resolution con-             which the motion is disposed of shall not be
                                               executive director and other personnel of the           tained in the Commission report.                       in order.
                                               Commission without regard to the provisions               (4) PUBLIC AVAILABILITY.—The President                 (D) CONSIDERATION.—The Commission joint
                                               of chapter 51 and subchapter III of chapter 53          shall—                                                 resolution shall be considered as read. All




SSpencer on DSK126QN23PROD with SENATE
                                               of title 5, United States Code, relating to the           (A) make a copy of a special message pub-            points of order against the Commission joint
                                               classification of positions and General                 licly available, including on a website of the         resolution and against its consideration are
                                               Schedule pay rates.                                     President; and                                         waived. The previous question shall be con-
                                                 (II) PAY RATE.—The rate of pay for the ex-              (B) publish in the Federal Register a notice         sidered as ordered on the Commission joint
                                               ecutive director and other personnel of the             of a special message and information on how            resolution to its passage without intervening
                                               Commission may not exceed the rate payable              the special message can be obtained.                   motion, except 2 hours of debate equally di-
                                               for level V of the Executive Schedule under               (d) EXPEDITED CONSIDERATION OF PROPOSED              vided and controlled by the proponent and an
                                               section 5613 of title 5, United States Code.            JOINT RESOLUTION.—                                     opponent and 1 motion to limit debate on the




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00075   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.077   S01JNPT1
                                               S1932                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               Commission joint resolution. A motion to re-              (5) AMENDMENT.—A Commission joint reso-              analysis in support of decision making in
                                               consider the vote on passage of the Commis-             lution shall not be subject to amendment in            which managers—
                                               sion joint resolution shall not be in order.            either the Senate or the House of Represent-             (A) examine current objectives, operations,
                                                 (E) VOTE ON PASSAGE.—The vote on passage              atives.                                                and costs;
                                               of the Commission joint resolution shall                  (6) CONSIDERATION BY THE OTHER HOUSE.—                 (B) consider alternative ways of carrying
                                               occur not later than 3 legislative days after             (A) IN GENERAL.—If, before passing a Com-            out a program or activity; and
                                               the date on which the last committee au-                mission joint resolution, a House receives               (C) rank different programs or activities by
                                               thorized to consider the Commission joint               from the other House a Commission joint                order of importance to the organization.
                                               resolution reports it to the House of Rep-              resolution of the other House—                           (b) ZERO-BASED BUDGETS.—Every sixth
                                               resentatives or is discharged.                            (i) the Commission joint resolution of the           year, each agency shall submit to the Direc-
                                                 (4) EXPEDITED PROCEDURE IN THE SENATE.—               other House shall not be referred to a com-            tor of the Office of Management and Budget
                                                 (A) INTRODUCTION IN THE SENATE.—A Com-                mittee; and                                            and the Committee on the Budget of the Sen-
                                               mission joint resolution may be introduced                (ii) the procedure in the receiving House            ate and the Committee on the Budget of the
                                               in the Senate (by request)—                             shall be the same as if no Commission joint            House of Representatives a zero-based budget
                                                 (i) by the majority leader of the Senate, or          resolution had been received from the other            for the next fiscal year and each of the 4 en-
                                               by a Member of the Senate designated by the             House until the vote on passage, when the              suing fiscal years.
                                                                                                       Commission joint resolution received from                (c) RECOMMENDATIONS.—In addition to the
                                               majority leader of the Senate, on the next
                                                                                                       the other House shall supplant the Commis-             zero-based budget required under subsection
                                               legislative day after the date on which the
                                                                                                       sion joint resolution of the receiving House.          (b), each agency, except the Department of
                                               President submits the proposed joint resolu-
                                                                                                         (B) REVENUE MEASURES.—This paragraph                 Defense and the National Nuclear Security
                                               tion under subsection (c)(2); or                                                                               Administration shall submit recommenda-
                                                                                                       shall not apply to the House of Representa-
                                                 (ii) if the Commission joint resolution is                                                                   tions for which programs Congress should
                                                                                                       tives if a Commission joint resolution re-
                                               not introduced under clause (i), by any Mem-                                                                   cut or reduce appropriations in an amount
                                                                                                       ceived from the Senate is a revenue measure.
                                               ber of the Senate on any day on which the                                                                      that equals not less than a 2-percent reduc-
                                                                                                         (7) RULES TO COORDINATE ACTION WITH
                                               Senate is in session beginning on the day                                                                      tion from the previous year appropriation in
                                                                                                       OTHER HOUSE.—
                                               after the day described in clause (i).                    (A) TREATMENT OF COMMISSION JOINT RESO-              discretionary spending.
                                                 (B) COMMITTEE CONSIDERATION.—A Commis-                LUTION OF OTHER HOUSE.—If a Commission
                                               sion joint resolution introduced in the Sen-            joint resolution is not introduced in the Sen-           SA 120. Mr. GRAHAM (for himself
                                               ate under subparagraph (A) shall be jointly             ate or the Senate fails to consider a Commis-          and Mr. SULLIVAN) submitted an
                                               referred to the committee or committees of              sion joint resolution under this section, the          amendment intended to be proposed by
                                               jurisdiction, which committees shall report             Commission joint resolution of the House of
                                               the Commission joint resolution without any
                                                                                                                                                              him to the bill H.R. 3746, to provide for
                                                                                                       Representatives shall be entitled to expe-             a responsible increase to the debt ceil-
                                               revision and with a favorable recommenda-               dited floor procedures under this section.
                                               tion, an unfavorable recommendation, or                                                                        ing; which was ordered to lie on the
                                                                                                         (B) TREATMENT OF COMPANION MEASURES IN
                                               without recommendation, not later than 10               THE SENATE.—If, following passage of a Com-
                                                                                                                                                              table; as follows:
                                               session days after the date on which the                mission joint resolution in the Senate, the              On page 5, strike lines 15 through 21 and in-
                                               Commission joint resolution was so referred.            Senate receives from the House of Represent-           sert the following:
                                               If any committee to which a Commission                  atives a Commission joint resolution, the                ‘‘(A) for the revised security category,
                                               joint resolution is referred fails to report the        House-passed Commission joint resolution               $900,600,000,000 in new budget authority; and
                                               Commission joint resolution within that pe-             shall not be debatable. The vote on passage              ‘‘(B) for the revised nonsecurity category;
                                               riod, that committee shall be automatically             of the Commission joint resolution in the              $703,651,000,000 in new budget authority; and
                                               discharged from consideration of the Com-               Senate shall be considered to be the vote on             ‘‘(10) for fiscal year 2025—
                                               mission joint resolution, and the Commis-               passage of the Commission joint resolution               ‘‘(A) for the revised security category,
                                               sion joint resolution shall be placed on the            received from the House of Representatives.            $944,700,000,000 in new budget authority; and
                                               appropriate calendar.                                     (C) VETOES.—If the President vetoes a
                                                 (C) PROCEEDING.—Notwithstanding rule                                                                           SA 121. Mr. GRAHAM submitted an
                                                                                                       Commission joint resolution, consideration
                                               XXII of the Standing Rules of the Senate, it            of a veto message in the Senate under this             amendment intended to be proposed by
                                               is in order, not later than 2 days of session           subparagraph shall be 10 hours equally di-             him to the bill H.R. 3746, to provide for
                                               after the date on which a Commission joint              vided between the majority and minority                a responsible increase to the debt ceil-
                                               resolution is reported or discharged from all           leaders of the Senate or the designees of the          ing; which was ordered to lie on the
                                               committees to which the Commission joint                majority and minority leaders of the Senate.           table; as follows:
                                               resolution was referred, for the majority                 (8) EXERCISE OF RULEMAKING POWER.—This
                                               leader of the Senate or the designee of the                                                                      At the end of title I of division A, the fol-
                                                                                                       subsection is enacted by Congress—                     lowing:
                                               majority leader to move to proceed to the                 (A) as an exercise of the rulemaking power           SEC. 104. DEPARTMENT OF THE NAVY SHIP-
                                               consideration of the Commission joint reso-             of the Senate and House of Representatives,                       BUILDING REAL GROWTH.
                                               lution. It shall also be in order for any Mem-          respectively, and, as such—                              Section 251(c) of the Balanced Budget and
                                               ber of the Senate to move to proceed to the               (i) it is deemed a part of the rules of each         Emergency Deficit Control Act of 1985 (2
                                               consideration of the Commission joint reso-             House, respectively, but applicable only with          U.S.C. 901), as amended by section 101 of this
                                               lution at any time after the conclusion of              respect to the procedure to be followed in             division, is amended—
                                               such 2-day period. A motion to proceed is in            that House in the case of a Commission joint             (1) in paragraph (9)(A), by inserting ‘‘, and
                                               order even though a previous motion to the              resolution; and                                        an additional $3,200,000,000 in new budget au-
                                               same effect has been disagreed to. All points             (ii) it supersedes other rules only to the ex-       thority for the Shipbuilding and Conversion,
                                               of order against the motion to proceed to the           tent that it is inconsistent with such rules;          Navy account’’ before the semicolon; and
                                               Commission joint resolution are waived. The             and                                                      (2) in paragraph (10)(A), by inserting ‘‘, and
                                               motion to proceed shall not be debatable.                 (B) with full recognition of the constitu-           an additional $3,500,000,000 in new budget au-
                                               The motion is not subject to a motion to                tional right of either House to change the             thority for the Shipbuilding and Conversion,
                                               postpone. A motion to reconsider the vote by            rules (so far as relating to the procedure of          Navy account’’ before the semicolon.
                                               which the motion is agreed to or disagreed to           that House) at any time, in the same man-
                                               shall not be in order. If a motion to proceed           ner, and to the same extent as in the case of            SA 122. Mr. GRAHAM (for himself
                                               to the consideration of the Commission joint            any other rule of that House.                          and Mr. SULLIVAN) submitted an
                                               resolution is agreed to, the Commission joint
                                               resolution shall remain the unfinished busi-
                                                                                                                                                              amendment intended to be proposed by
                                                                                                         SA 119. Mr. RISCH (for himself and                   him to the bill H.R. 3746, to provide for
                                               ness until disposed of. All points of order             Mr. CRAPO) submitted an amendment
                                               against a Commission joint resolution and                                                                      a responsible increase to the debt ceil-
                                                                                                       intended to be proposed by him to the                  ing; which was ordered to lie on the
                                               against consideration of the Commission
                                               joint resolution are waived.
                                                                                                       bill H.R. 3746, to provide for a respon-               table; as follows:
                                                 (D) NO AMENDMENTS.—An amendment to a                  sible increase to the debt ceiling;
                                                                                                                                                                On page 12, line 15, strike ‘‘paragraph (2),’’
                                               Commission joint resolution, a motion to                which was ordered to lie on the table;                 and all that follows through ‘‘For the revised
                                               postpone, a motion to proceed to the consid-            as follows:                                            non-security’’ on line 24 and insert ‘‘para-
                                               eration of other business, or a motion to re-             At the appropriate place, insert the fol-            graph (2), for the revised nonsecurity’’.




SSpencer on DSK126QN23PROD with SENATE
                                               commit the Commission joint resolution, is              lowing:                                                  On page 14, line 1, strike ‘‘applicable’’ and
                                               not in order.                                           SEC. ll. ZERO-BASED BUDGETS.                           all that follows through ‘‘such limits’’ on
                                                 (E) RULINGS OF THE CHAIR ON PROCEDURE.—                 (a) DEFINITION.—In this section:                     line 5 and insert ‘‘discretionary spending
                                               Appeals from the decisions of the Chair re-               (1) AGENCY.—The term ‘‘agency’’ has the              limit under paragraph (1) shall have no force
                                               lating to the application of the rules of the           meaning given the term in section 551 of               or effect, and the discretionary spending
                                               Senate, as the case may be, to the procedure            title 5, United States Code.                           limit for the revised nonsecurity category
                                               relating to a Commission joint resolution                 (2) ZERO-BASED BUDGET.—The term ‘‘zero-              for the applicable fiscal year shall be such
                                               shall be decided without debate.                        based budget’’ means a systematic budget               limit’’.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00076   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.077   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                        S1933
                                                 On page 14, line 16, strike ‘‘paragraph (2),’’        signed at Budapest, Hungary, December 5,               SEC. 502. AUTOMATIC CONTINUING APPROPRIA-
                                               and all that follows through line 22 and in-            1994, in which the Russian Federation agreed                       TIONS.
                                               sert ‘‘paragraph (2), for the revised nonsecu-          to respect the sovereignty of Ukraine in ex-             (a) IN GENERAL.—Chapter 13 of title 31,
                                               rity category, the amount calculated for                change for the removal of nuclear weapons              United States Code, is amended by adding at
                                               such category in subsection (d)(1).’’.                  from Ukraine.                                          the end the following:
                                                 On page 15, line 18, strike ‘‘applicable’’ and          (3) The Russian Federation illegally an-             ‘‘§ 1311. Automatic continuing appropriations
                                               all that follows through ‘‘such limits’’ on             nexed Crimea in 2014 and forces backed by                 ‘‘(a)(1)(A) On and after the first day of each
                                               line 22 and insert ‘‘discretionary spending             the Russian Federation continue to occupy              fiscal year, if an appropriation Act for such
                                               limit under paragraph (1) shall have no force           Eastern Ukraine.                                       fiscal year with respect to the account for a
                                               or effect, and the discretionary spending                 (4) The further invasion of Ukraine by the           program, project, or activity has not been
                                               limit for the revised nonsecurity category              Russian Federation that began in 2022—                 enacted and continuing appropriations are
                                               for the applicable fiscal year shall be such              (A) threatens the safety, security, and sov-         not in effect with respect to the program,
                                               limit’’.                                                ereignty of Ukraine;                                   project, or activity, there are appropriated
                                                                                                         (B) is destabilizing to the region; and              such sums as may be necessary to continue,
                                                 SA 123. Mr. GRAHAM submitted an                         (C) poses a risk to the economy of Ukraine           at the rate for operations specified in sub-
                                               amendment intended to be proposed by                    and may deter future investments in                    paragraph (C), the program, project, or activ-
                                               him to the bill H.R. 3746, to provide for               Ukraine by foreign countries.                          ity if funds were provided for the program,
                                               a responsible increase to the debt ceil-                  (5) Through the invasion, the Russian Fed-           project, or activity during the preceding fis-
                                               ing; which was ordered to lie on the                    eration has indiscriminately attacked civil-           cal year.
                                                                                                       ian targets, resulting in the death of at least           ‘‘(B)(i) Appropriations and funds made
                                               table; as follows:
                                                                                                       8,490 civilians and injury of at least 14,244 ci-      available and authority granted under sub-
                                                 Strike all after the enacting clause and in-          vilians, and has made thinly veiled threats
                                               sert the following:                                                                                            paragraph (A) shall be available for a period
                                                                                                       to impose additional death and destruction             of 14 days.
                                               SECTION 1. TEMPORARY EXTENSION OF PUBLIC                on members of the North Atlantic Treaty Or-
                                                          DEBT LIMIT.                                                                                            ‘‘(ii) If, at the end of the first 14-day period
                                                                                                       ganization (NATO) if the Russian Federation            during which appropriations and funds are
                                                 (a) IN GENERAL.—Section 3101(b) of title 31,          so desires.
                                               United States Code, shall not apply for the                                                                    made available and authority is granted
                                                                                                         (6) In May 2023, the Russian Federation an-          under subparagraph (A), and the end of every
                                               period—                                                 nounced it was moving ahead with a plan to
                                                 (1) beginning on the date of enactment of                                                                    14-day period thereafter, an appropriation
                                                                                                       deploy tactical nuclear weapons to the Re-             Act for such fiscal year with respect to the
                                               this Act; and                                           public of Belarus, which would be the first
                                                 (2) ending on the date that is 90 days after                                                                 account for a program, project, or activity
                                                                                                       deployment by the Russian Federation of                has not been enacted and continuing appro-
                                               the date of enactment of this Act.                      such weapons outside of Russia since 1991.
                                                 (b) SPECIAL RULE RELATING TO OBLIGATIONS                                                                     priations are not in effect with respect to the
                                                                                                         (7) The security assistance provided by the          program, project, or activity under a provi-
                                               ISSUED DURING EXTENSION PERIOD.—Effective               United States has been used to maximum ef-
                                               on the day after the date described in sub-                                                                    sion of law other than subparagraph (A), the
                                                                                                       fect and allowed Ukraine to fight back                 appropriations and funds made available and
                                               section (a)(2), the limitation in effect under          against the Russian Federation’s unprovoked
                                               section 3101(b) of title 31, United States                                                                     authority granted under subparagraph (A)
                                                                                                       invasion of the sovereign territory of                 during the 14-day period shall be extended
                                               Code, shall be increased to the extent that—            Ukraine.
                                                 (1) the face amount of obligations issued                                                                    for an additional 14-day period.
                                                                                                         (8) It is imperative to continue to provide             ‘‘(C)(i) Except as provided in clause (ii), the
                                               under chapter 31 of such title and the face             security assistance to Ukraine at this cru-
                                               amount of obligations whose principal and                                                                      rate for operations specified in this subpara-
                                                                                                       cial inflection point in the war as Ukraine            graph with respect to a program, project, or
                                               interest are guaranteed by the United States            prepares to launch its counteroffensive
                                               Government (except guaranteed obligations                                                                      activity is the rate for operations for the
                                                                                                       against the Russian Federation.                        preceding fiscal year for the program,
                                               held by the Secretary of the Treasury) out-
                                                                                                         (b) SENSE OF CONGRESS.—It is the sense of            project, or activity—
                                               standing on the date described in subsection            Congress that Congress—
                                               (a)(2); exceeds                                                                                                   ‘‘(I) provided in the corresponding appro-
                                                                                                         (1) affirms it is in the national security in-       priation Act for such preceding fiscal year;
                                                 (2) the face amount of such obligations               terest of the United States to provide secu-
                                               outstanding on the date of enactment of this                                                                      ‘‘(II) if the corresponding appropriation
                                                                                                       rity assistance to Ukraine and calls on the            bill for such preceding fiscal year was not en-
                                               Act.                                                    United States Government to continue to
                                                 (c) EXTENSION LIMITED TO NECESSARY OBLI-                                                                     acted, provided in the law providing con-
                                                                                                       provide such assistance to ensure the sov-             tinuing appropriations for such preceding fis-
                                               GATIONS.—An obligation shall not be taken
                                                                                                       ereign territory of Ukraine is liberated from          cal year; or
                                               into account under subsection (b)(1) unless
                                                                                                       the Russian Federation and its proxy forces;              ‘‘(III) if the corresponding appropriation
                                               the issuance of such obligation was nec-
                                                                                                         (2) supports providing additional funding            bill and a law providing continuing appro-
                                               essary to fund a commitment incurred pur-
                                                                                                       to Ukraine through future supplemental                 priations for such preceding fiscal year were
                                               suant to law by the Federal Government
                                                                                                       packages to ensure Ukraine has the re-                 not enacted, provided under this section for
                                               that required payment on or before the date
                                                                                                       sources it needs to ensure and sustain its lib-        such preceding fiscal year.
                                               described in subsection (a)(2).
                                                                                                       eration from the Russian Federation; and                  ‘‘(ii) For entitlements and other manda-
                                                 SA 124. Mr. GRAHAM (for himself                         (3) calls on Congress to appropriate all             tory payments whose budget authority was
                                                                                                       funds needed to increase the production of             provided for the previous fiscal year in ap-
                                               and Ms. COLLINS) submitted an amend-                    and replenish United States inventories that
                                               ment intended to be proposed by him                                                                            propriations Acts, under a law other than
                                                                                                       have been provided to Ukraine.                         this section providing continuing appropria-
                                               to the bill H.R. 3746, to provide for a re-                                                                    tions for such previous year, or under this
                                               sponsible increase to the debt ceiling;                   SA 125. Mr. SULLIVAN proposed an                     section, and for activities under the Food
                                               which was ordered to lie on the table;                  amendment to the bill H.R. 3746, to                    and Nutrition Act of 2008, appropriations and
                                               as follows:                                             provide for a responsible increase to                  funds made available during a fiscal year
                                                 At the appropriate place, insert the fol-             the debt ceiling; as follows:                          under this section shall be at the rate nec-
                                               lowing:                                                   On page 5, line 16, strike ‘‘$886,349,000,000’’      essary to maintain program levels under cur-
                                               SEC. ll. FINDINGS AND SENSE OF CONGRESS                 and insert ‘‘$904,779,000,000’’.                       rent law, under the authority and conditions
                                                          ON PROVISION OF SECURITY ASSIST-
                                                                                                         On page 5, line 21, strike ‘‘$895,212,000,000’’      provided in the applicable appropriations
                                                          ANCE TO UKRAINE.                                                                                    Act.
                                                                                                       and insert ‘‘$950,017,950,000’’.
                                                 (a) FINDINGS.—Congress finds the fol-                                                                           ‘‘(2) Appropriations and funds made avail-
                                                                                                         On page 53, line 22, strike ‘‘$1,389,525,000’’
                                               lowing:                                                                                                        able, and authority granted, for any fiscal
                                                                                                       and insert ‘‘$74,625,475,000’’.
                                                 (1) The Russian Federation has failed to                                                                     year pursuant to this section for a program,
                                               abide by the Belovezh Accords (also known                                                                      project, or activity shall be available, in ac-
                                                                                                         SA 126. Mr. LANKFORD submitted
                                               as the ‘‘Minsk Agreement’’), signed in                                                                         cordance with paragraph (1)(B), for the pe-
                                               Minsk, Belarus, on December 8, 1991, by the             an amendment intended to be proposed                   riod—
                                               leaders of the Russian Federation, Ukraine,             by him to the bill H.R. 3746, to provide                  ‘‘(A) beginning on the first day of any lapse
                                               and the Republic of Belarus, in which those             for a responsible increase to the debt                 in appropriations during such fiscal year;
                                               leaders agreed to have ‘‘respect for state sov-         ceiling; which was ordered to lie on the               and




SSpencer on DSK126QN23PROD with SENATE
                                               ereignty’’ and renounce ‘‘the use of force and          table; as follows:                                        ‘‘(B) ending on the date of enactment of an
                                               of economic or any other methods of coer-                 At the end, add the following:                       appropriation Act for such fiscal year with
                                               cion’’.                                                                                                        respect to the account for such program,
                                                 (2) The Russian Federation has failed to               DIVISION E—PREVENTING GOVERNMENT                      project, or activity (whether or not such Act
                                               honor its commitment under the Memo-                                    SHUTDOWNS                              provides appropriations for such program,
                                               randum on security assurances in connection             SEC. 501. SHORT TITLE.                                 project, or activity) or a law making con-
                                               with Ukraine’s accession to the Treaty on                This division may be cited as the ‘‘Prevent           tinuing appropriations for the program,
                                               the Non-Proliferation of Nuclear Weapons,               Government Shutdowns Act of 2023’’.                    project, or activity, as applicable.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00077   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.083   S01JNPT1
                                               S1934                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                                  ‘‘(3) Notwithstanding section 251(a)(1) of             (II) ending at the time at which 1 or more             (A) it shall not be in order to move to pro-
                                               the Balanced Budget and Emergency Deficit               general appropriations Acts—                           ceed to any matter except for—
                                               Control Act of 1985 (2 U.S.C. 901(a)(1)) and the          (aa) are vetoed by the President; or                   (i) a measure making appropriations for
                                               timetable in section 254(a) of such Act (2                (bb) do not become law without the Presi-            the fiscal year during which the covered pe-
                                               U.S.C. 904(a)), for any fiscal year for which           dent’s signature under article I, section 7 of         riod begins;
                                               appropriations and funds are made available             the Constitution of the United States based              (ii) any motion required to determine the
                                               under this section, the final sequestration             on an adjournment of the Congress; and                 presence of or produce a quorum; or
                                               report for such fiscal year pursuant to sec-              (ii) includes any period of automatic con-             (iii) on and after the 30th calendar day
                                               tion 254(f)(1) of such Act (2 U.S.C. 904(f)(1))         tinuing appropriations that is not a period            after the first day of a covered period—
                                               and any order for such fiscal year pursuant             described in clause (i) and that follows a veto          (I) the nomination of an individual—
                                               to section 254(f)(5) of such Act (2 U.S.C.              or a failure to become law (as described in              (aa) to a position at level I of the Execu-
                                               901(f)(5)) shall be issued—                             item (bb) of clause (i)(II)) of 1 or more gen-         tive Schedule under section 5312 of title 5,
                                                  ‘‘(A) for the Congressional Budget Office,           eral appropriations Acts;                              United States Code; or
                                               10 days after the date on which appropriation             (3) the term ‘‘Member of Congress’’ has the            (bb) to serve as Chief Justice of the United
                                               Acts providing funding for the entire Federal           meaning given that term in section 2106 of             States or an Associate Justice of the Su-
                                               Government through the end of such fiscal               title 5, United States Code;                           preme Court of the United States; or
                                               year have been enacted; and                               (4) the term ‘‘National Capital Region’’ has           (II) a measure extending the period during
                                                  ‘‘(B) for the Office of Management and               the meaning given that term in section 8702            which a program, project, or activity is au-
                                               Budget, 15 days after the date on which ap-             of title 40, United States Code; and                   thorized to be carried out (without sub-
                                               propriation Acts providing funding for the                (5) the term ‘‘period of automatic con-              stantive change to the program, project, or
                                               entire Federal Government through the end               tinuing appropriations’’ means a period dur-           activity or any other program, project, or
                                               of such fiscal year have been enacted.                  ing which automatic continuing appropria-              activity) if—
                                                  ‘‘(b) An appropriation or funds made avail-          tions under section 1311 of title 31, United             (aa) an appropriation Act with respect to
                                               able, or authority granted, for a program,              States Code, as added by section 502 of this           the program, project, or activity for the fis-
                                               project, or activity for any fiscal year pursu-         division, are in effect with respect to 1 or           cal year during which the covered period oc-
                                               ant to this section shall be subject to the             more programs, projects, or activities.                curs has not been enacted; and
                                               terms and conditions imposed with respect                 (b) LIMITS ON TRAVEL EXPENDITURES.—                    (bb) the program, project, or activity has
                                               to the appropriation made or funds made                   (1) LIMITS ON OFFICIAL TRAVEL.—                      expired since the beginning of such fiscal
                                               available for the preceding fiscal year, or au-           (A) LIMITATION.—Except as provided in sub-
                                                                                                                                                              year or will expire during the 30-day period
                                               thority granted for such program, project, or           paragraph (B), no amounts may be obligated
                                                                                                                                                              beginning on the date of the motion;
                                               activity under current law.                             or expended for official travel by a covered
                                                                                                                                                                (B) it shall not be in order to move to re-
                                                  ‘‘(c) Expenditures made for a program,               officer or employee during a covered period.
                                                                                                                                                              cess or adjourn for a period of more than 23
                                               project, or activity for any fiscal year pursu-           (B) EXCEPTIONS.—
                                                                                                                                                              hours; and
                                               ant to this section shall be charged to the               (i) RETURN TO DC.—If a covered officer or
                                                                                                                                                                (C) at noon each day, or immediately fol-
                                               applicable appropriation, fund, or authoriza-           employee is away from the seat of Govern-
                                                                                                                                                              lowing any constructive convening of the
                                               tion whenever an appropriation Act for such             ment on the date on which a covered period
                                                                                                                                                              Senate under rule IV, paragraph 2 of the
                                               fiscal year with respect to the account for a           begins, funds may be obligated and expended
                                                                                                                                                              Standing Rules of the Senate, the Presiding
                                               program, project, or activity or a law mak-             for official travel for a single return trip to
                                                                                                                                                              Officer shall direct the clerk to determine
                                               ing continuing appropriations until the end             the seat of Government by the covered offi-
                                                                                                                                                              whether a quorum is present.
                                               of such fiscal year for such program, project,          cer or employee.
                                                                                                                                                                (2) WAIVER.—
                                               or activity is enacted.                                   (ii) TRAVEL IN NATIONAL CAPITAL REGION.—
                                                  ‘‘(d) This section shall not apply to a pro-                                                                  (A) LIMITATION ON PERIOD.—It shall not be
                                                                                                       During a covered period, amounts may be ob-
                                               gram, project, or activity during a fiscal                                                                     in order in the Senate or the House of Rep-
                                                                                                       ligated and expended for official travel by a
                                               year if any other provision of law (other                                                                      resentatives to move to waive any provision
                                                                                                       covered officer or employee from one loca-
                                               than an authorization of appropriations)—                                                                      of paragraph (1) for a period that is longer
                                                                                                       tion in the National Capital Region to an-
                                                  ‘‘(1) makes an appropriation, makes funds                                                                   than 7 days.
                                                                                                       other location in the National Capital Re-
                                               available, or grants authority for such pro-                                                                     (B) SUPERMAJORITY VOTE.—A provision of
                                                                                                       gion.
                                               gram, project, or activity to continue for                                                                     paragraph (1) may only be waived or sus-
                                                                                                         (iii) NATIONAL SECURITY EVENTS.—During a
                                               such period; or                                                                                                pended upon an affirmative vote of two-
                                                                                                       covered period, if a national security event
                                                  ‘‘(2) specifically provides that no appro-                                                                  thirds of the Members of the applicable
                                                                                                       that triggers a continuity of operations or
                                               priation shall be made, no funds shall be                                                                      House of Congress, duly chosen and sworn.
                                                                                                       continuity of Government protocol occurs,
                                               made available, or no authority shall be                                                                         (d) MOTION TO PROCEED TO APPROPRIA-
                                                                                                       amounts may be obligated and expended for
                                               granted for such program, project, or activ-                                                                   TIONS.—
                                                                                                       official travel by a covered officer or em-
                                               ity to continue for such period.’’.                                                                              (1) IN GENERAL.—On and after the 30th cal-
                                                                                                       ployee for any official travel relating to re-
                                                  (b) CLERICAL AMENDMENT.—The table of                                                                        endar day after the first day of each fiscal
                                                                                                       sponding to the national security event or
                                               sections for chapter 13 of title 31, United                                                                    year, if an appropriation Act for such fiscal
                                                                                                       implementing the continuity of operations
                                               States Code, is amended by adding at the end                                                                   year with respect to a program, project, or
                                                                                                       or continuity of Government protocol.
                                               the following:                                                                                                 activity has not been enacted, it shall be in
                                                                                                         (2) RESTRICTION ON USE OF CAMPAIGN
                                               ‘‘1311. Automatic continuing appropria-                                                                        order in the Senate, notwithstanding rule
                                                                                                       FUNDS.—Section 313 of the Federal Election
                                                               tions.’’.                                                                                      XXII or any pending executive measure or
                                                                                                       Campaign Act of 1971 (52 U.S.C. 30114) is
                                               SEC. 503. TIMELY ENACTMENT OF APPROPRIA-                                                                       matter, to move to proceed to any appropria-
                                                                                                       amended—
                                                           TION ACTS.                                                                                         tions bill or joint resolution for the program,
                                                                                                         (A) in subsection (a)(2), by striking ‘‘for or-
                                                 (a) DEFINITIONS.—In this section—                                                                            project, or activity that has been sponsored
                                                                                                       dinary’’ and inserting ‘‘except as provided in
                                                 (1) the term ‘‘covered officer or employee’’                                                                 and cosponsored by not less than 3 Senators
                                                                                                       subsection (d), for ordinary’’; and
                                               means—                                                                                                         who are members of or caucus with the party
                                                                                                         (B) by adding at the end the following:
                                                 (A) an officer or employee of the Office of             ‘‘(d) RESTRICTION ON USE OF CAMPAIGN                 in the majority in the Senate and not less
                                               Management and Budget;                                  FUNDS FOR OFFICIAL TRAVEL DURING AUTO-                 than 3 Senators who are members of or cau-
                                                 (B) a Member of Congress; or                          MATIC CONTINUING APPROPRIATIONS.—
                                                                                                                                                              cus with the party in the minority in the
                                                 (C) an employee of the personal office of a             ‘‘(1) IN GENERAL.—Except as provided in              Senate.
                                               Member of Congress, a committee of either               paragraph (2), during a covered period (as de-           (2) CONSIDERATION.—For a bill or joint res-
                                               House of Congress, or a joint committee of              fined in section 503 of the Prevent Govern-            olution described in paragraph (1)—
                                               Congress;                                               ment Shutdowns Act of 2023), a contribution              (A) the bill or joint resolution may be con-
                                                 (2) the term ‘‘covered period’’—                      or donation described in subsection (a) may            sidered the same day as it is introduced and
                                                 (A) means any period of automatic con-                not be obligated or expended for travel in             shall not have to lie over 1 day; and
                                               tinuing appropriations; and                             connection with duties of the individual as a            (B) the motion to proceed to the bill or
                                                 (B) with respect to the legislative branch—           holder of Federal office.                              joint resolution shall be debatable for not to
                                                 (i) does not include any period of auto-                ‘‘(2) RETURN TO DC.—If the individual is             exceed 6 hours, equally divided between the
                                               matic continuing appropriations that occurs             away from the seat of Government on the                proponents and opponents of the motion, and
                                               during the period—                                      date on which a covered period (as so de-              upon the use or yielding back of time, the
                                                 (I) beginning at the time at which general                                                                   Senate shall vote on the motion to proceed.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       fined) begins, a contribution or donation de-
                                               appropriations Acts providing funding for               scribed in subsection (a) may be obligated             SEC. 504. BUDGETARY EFFECTS.
                                               the entire Federal Government (including an             and expended for travel by the individual to             (a) CLASSIFICATION OF BUDGETARY EF-
                                               appropriation Act providing continuing fund-            return to the seat of Government.’’.                   FECTS.—The budgetary effects of this divi-
                                               ing) have been enacted or passed in identical             (c) PROCEDURES IN THE SENATE AND HOUSE               sion and the amendments made by this divi-
                                               form by both Houses and transmitted to Sec-             OF REPRESENTATIVES.—                                   sion shall be estimated as if this division and
                                               retary of the Senate or Clerk of the House                (1) IN GENERAL.—During a covered period,             the amendments made by this division are
                                               for enrollment and presentment to the Presi-            in the Senate and the House of Representa-             discretionary appropriations Acts for pur-
                                               dent for his signature; and                             tives—                                                 poses of section 251 of the Balanced Budget




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00078   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.080   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                    S1935
                                               and Emergency Deficit Control Act of 1985 (2            regulation implementing this title (as de-               ‘‘(1) that is essential to the energy sector
                                               U.S.C. 900 et seq.).                                    scribed in section 492(b)(1)) that is deter-           and energy systems of the United States; and
                                                 (b) BASELINE.—For purposes of calculating             mined by the Secretary to be economically                ‘‘(2) the supply chain of which is vulnerable
                                               the baseline under section 257 of the Bal-              significant shall be subject to the following          to disruption.’’;
                                               anced Budget and Emergency Deficit Control              requirements (regardless of whether nego-                (2) in section 102, by adding at the end the
                                               Act of 1985 (2 U.S.C. 907), the provision of            tiated rulemaking occurs):                             following:
                                               budgetary resources under section 1311 of                 ‘‘(1) The Secretary shall determine wheth-             ‘‘(20) To ensure there is an adequate and
                                               title 31, United States Code, as added by this          er the draft regulation, if implemented,               reliable supply of critical energy resources
                                               division, for an account shall be considered            would result in an increase in a subsidy cost          that are essential to the energy security of
                                               to be a continuing appropriation in effect for          resulting from a loan modification.                    the United States.’’; and
                                               such account for less than the entire current             ‘‘(2) If the Secretary determines under                (3) in section 203(a), by adding at the end
                                               year.                                                   paragraph (1) that the draft regulation would          the following:
                                                 (c) ENFORCEMENT OF DISCRETIONARY SPEND-               result in an increase in a subsidy cost result-          ‘‘(12) Functions that relate to securing the
                                               ING LIMITS.—For purposes of enforcing the               ing from a loan modification, then the Sec-            supply of critical energy resources, including
                                               discretionary spending limits under section             retary may take no further action with re-             identifying and mitigating the effects of a
                                               251(a) of the Balanced Budget and Emergency             spect to such regulation.                              disruption of such supply on—
                                               Deficit Control Act of 1985 (2 U.S.C. 901(a)),            ‘‘(b) PROPOSED OR FINAL REGULATIONS AND                ‘‘(A) the development and use of energy
                                               the budgetary resources made available                  EXECUTIVE ACTIONS.—Notwithstanding any                 technologies; and
                                               under section 1311 of title 31, United States           other provision of law, beginning after the              ‘‘(B) the operation of energy systems.’’.
                                               Code, as added by this division, shall be con-          date of enactment of this section, the Sec-              (b) SECURING CRITICAL ENERGY RESOURCE
                                               sidered part-year appropriations for purposes           retary may not issue a proposed rule, final            SUPPLY CHAINS.—
                                               of section 251(a)(4) of the Balanced Budget             regulation, or executive action imple-                   (1) IN GENERAL.—In carrying out the re-
                                               and Emergency Deficit Control Act of 1985 (2            menting this title if the Secretary deter-             quirements of the Department of Energy Or-
                                               U.S.C. 901(a)(4)).                                      mines that the rule, regulation, or executive          ganization Act (42 U.S.C. 7101 et seq.), the
                                               SEC. 505. EFFECTIVE DATE.                               action—
                                                                                                                                                              Secretary of Energy, in consultation with
                                                 This division and the amendments made by                ‘‘(1) is economically significant; and
                                                                                                                                                              the appropriate Federal agencies, represent-
                                               this division shall take effect on September              ‘‘(2) would result in an increase in a sub-
                                                                                                                                                              atives of the energy sector, States, and other
                                               30, 2023.                                               sidy cost resulting from a loan modification.
                                                                                                                                                              stakeholders, shall—
                                                                                                         ‘‘(c) RELATIONSHIP TO OTHER REQUIRE-
                                                                                                       MENTS.—The analyses required under sub-
                                                                                                                                                                (A) conduct ongoing assessments of—
                                                 SA 127. Mr. BUDD submitted an                                                                                  (i) energy resource criticality based on the
                                                                                                       sections (a) and (b) shall be in addition to
                                               amendment intended to be proposed by                    any other cost analysis required under law             importance of critical energy resources to
                                               him to the bill H.R. 3746, to provide for               for a regulation implementing this title, in-          the development of energy technologies and
                                               a responsible increase to the debt ceil-                cluding any cost analysis that may be re-              the supply of energy;
                                               ing; which was ordered to lie on the                    quired pursuant to Executive Order 12866 (58             (ii) the critical energy resource supply
                                                                                                       Fed. Reg. 51735; relating to regulatory plan-          chain of the United States;
                                               table; as follows:
                                                                                                       ning and review), Executive Order 13563 (76              (iii) the vulnerability of such supply chain;
                                                 Strike title IV of division B and insert the                                                                 and
                                               following:                                              Fed. Reg. 3821; relating to improving regula-
                                                                                                       tion and regulatory review), or any related              (iv) how the energy security of the United
                                               TITLE IV—NULLIFICATION AND LIMITA-                                                                             States is affected by the reliance of the
                                                                                                       or successor orders.
                                                 TION RELATED TO FEDERAL STUDENT                         ‘‘(d) DEFINITION.—In this section, the term          United States on importation of critical en-
                                                 LOANS                                                 ‘economically significant’, when used with             ergy resources;
                                               SEC. 271. NULLIFICATION OF CERTAIN EXECU-               respect to a draft, proposed, or final regula-           (B) facilitate development of strategies to
                                                          TIVE ACTIONS AND RULES RELAT-                tion or executive action, means that the reg-          strengthen critical energy resource supply
                                                          ING TO FEDERAL STUDENT LOANS.                                                                       chains in the United States, including by—
                                                                                                       ulation or executive action is likely, as de-
                                                 (a) IN GENERAL.—The following shall have              termined by the Secretary—                               (i) diversifying the sources of the supply of
                                               no force or effect:                                       ‘‘(1) to have an annual effect on the econ-          critical energy resources; and
                                                 (1) The waivers and modifications of statu-           omy of $100,000,000 or more; or                          (ii) increasing domestic production, sepa-
                                               tory and regulatory provisions relating to an             ‘‘(2) adversely to affect in a material way          ration, and processing of critical energy re-
                                               extension of the suspension of payments on              the economy, a sector of the economy, pro-             sources;
                                               certain loans and waivers of interest on such           ductivity, competition, jobs, the environ-               (C) develop substitutes and alternatives to
                                               loans under section 3513 of the CARES Act               ment, public health or safety, or State, local,        critical energy resources; and
                                               (20 U.S.C. 1001 note)—                                  or tribal governments or communities.’’.                 (D) improve technology that reuses and re-
                                                 (A) described by the Department of Edu-                                                                      cycles critical energy resources.
                                               cation in the Federal Register on October 12,             SA 128. Mr. BUDD submitted an                          (2) REPORT.—Not later than 1 year after
                                               2022 (87 Fed. Reg. 61513 et seq.); and                  amendment intended to be proposed by                   the date of enactment of this title, and annu-
                                                 (B) issued on or after the date of enact-             him to the bill H.R. 3746, to provide for              ally thereafter, the Secretary of Energy
                                               ment of this Act.                                                                                              shall submit to Congress a report con-
                                                                                                       a responsible increase to the debt ceil-
                                                 (2) The modifications of statutory and reg-                                                                  taining—
                                               ulatory provisions relating to debt discharge           ing; which was ordered to lie on the
                                                                                                                                                                (A) the results of the ongoing assessments
                                               described by the Department of Education in             table; as follows:
                                                                                                                                                              conducted under paragraph (1)(A);
                                               the Federal Register on October 12, 2022 (87               In division C, in section 311(b)(2), insert           (B) a description of any actions taken pur-
                                               Fed. Reg. 61514).                                       ‘‘paragraphs (2), (3), and (4) of’’ before ‘‘sub-      suant to the Department of Energy Organi-
                                                 (3) A final rule that is substantially simi-          section (a)’’.                                         zation Act to mitigate potential effects of
                                               lar to the proposed rule on ‘‘Improving In-                                                                    critical energy resource supply chain disrup-
                                               come-Driven Repayment for the William D.                  SA 129. Mr. BUDD submitted an
                                                                                                                                                              tions on energy technologies or the oper-
                                               Ford Federal Direct Loan Program’’ pub-                 amendment intended to be proposed by                   ation of energy systems; and
                                               lished by the Department of Education in                him to the bill H.R. 3746, to provide for                (C) any recommendations relating to
                                               the Federal Register on January 11, 2023 (88            a responsible increase to the debt ceil-               strengthening critical energy resource sup-
                                               Fed. Reg. 1894 et seq.).                                ing; which was ordered to lie on the                   ply chains that are essential to the energy
                                                 (b) PROHIBITION.—The Secretary of Edu-                table; as follows:                                     security of the United States.
                                               cation may not implement any executive ac-                                                                       (3) CRITICAL ENERGY RESOURCE DEFINED.—In
                                                                                                         Strike title III of division C and insert the
                                               tion or rule specified in paragraph (1), (2), or                                                               this section, the term ‘‘critical energy re-
                                                                                                       following:
                                               (3) of subsection (a) (or a substantially simi-                                                                source’’ has the meaning given such term in
                                               lar executive action or rule), except as ex-            TITLE III—INCREASING AMERICAN EN-
                                                                                                         ERGY PRODUCTION, EXPORTS, INFRA-                     section 2 of the Department of Energy Orga-
                                               pressly authorized by an Act of Congress.                                                                      nization Act (42 U.S.C. 7101).
                                                                                                         STRUCTURE, AND CRITICAL MINERALS
                                               SEC. 272. LIMITATION ON AUTHORITY OF SEC-
                                                                                                         PROCESSING                                           SEC. 322. PROTECTING AMERICAN ENERGY PRO-
                                                           RETARY TO PROPOSE OR ISSUE REG-
                                                                                                                                                                          DUCTION.
                                                           ULATIONS AND EXECUTIVE AC-                  SEC. 321. SECURING AMERICA’S CRITICAL MIN-
                                                           TIONS.                                                  ERALS SUPPLY.                                (a) SENSE OF CONGRESS.—It is the sense of
                                                                                                                                                              Congress that States should maintain pri-




SSpencer on DSK126QN23PROD with SENATE
                                                 Part G of title IV of the Higher Education              (a) AMENDMENT TO THE DEPARTMENT OF EN-
                                               Act of 1965 (20 U.S.C. 1088 et seq.) is amended         ERGY ORGANIZATION ACT.—The Department                  macy for the regulation of hydraulic frac-
                                               by inserting after section 492 the following:           of Energy Organization Act (42 U.S.C. 7101 et          turing for oil and natural gas production on
                                               ‘‘SEC. 492A. LIMITATION ON AUTHORITY OF THE             seq.) is amended—                                      State and private lands.
                                                            SECRETARY TO PROPOSE OR ISSUE                (1) in section 2, by adding at the end the             (b) PROHIBITION ON DECLARATION OF A MOR-
                                                            REGULATIONS AND EXECUTIVE AC-              following:                                             ATORIUM ON HYDRAULIC FRACTURING.—Not-
                                                            TIONS.                                       ‘‘(d) As used in sections 102(20) and                withstanding any other provision of law, the
                                                  ‘‘(a) DRAFT REGULATIONS.—Beginning after             203(a)(12), the term ‘critical energy resource’        President may not declare a moratorium on
                                               the date of enactment of this section, a draft          means any energy resource—                             the use of hydraulic fracturing unless such




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00079   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.080   S01JNPT1
                                               S1936                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               moratorium is authorized by an Act of Con-              graph (A), that the border-crossing facility           transmission facility, or any border-crossing
                                               gress.                                                  be constructed, connected, operated, or                facility thereof.
                                               SEC. 323. RESEARCHING EFFICIENT FEDERAL IM-             maintained consistent with all applicable
                                                           PROVEMENTS FOR NECESSARY EN-                                                                         (d) MODIFICATIONS TO EXISTING PROJECTS.—
                                                                                                       policies and standards of—
                                                           ERGY REFINING.                                 (i) the Electric Reliability Organization           No certificate of crossing under subsection
                                                 Not later than 90 days after the date of en-          and the applicable regional entity; and                (a), or Presidential permit (or similar per-
                                               actment of this section, the Secretary of En-              (ii) any Regional Transmission Organiza-            mit), shall be required for a modification
                                               ergy shall direct the National Petroleum                tion or Independent System Operator with               to—
                                               Council to—                                             operational or functional control over the               (1) an oil or natural gas pipeline or electric
                                                 (1) submit to the Secretary of Energy and             border-crossing facility.                              transmission facility that is operating for
                                               Congress a report containing—                              (3) EXCLUSIONS.—This subsection shall not           the import or export of oil or natural gas or
                                                 (A) an examination of the role of petro-              apply to any construction, connection, oper-           the transmission of electricity as of the date
                                               chemical refineries located in the United               ation, or maintenance of a border-crossing             of enactment of this section;
                                               States and the contributions of such petro-             facility for the import or export of oil or nat-         (2) an oil or natural gas pipeline or electric
                                               chemical refineries to the energy security of           ural gas, or the transmission of electricity—          transmission facility for which a Presi-
                                               the United States, including the reliability               (A) if the border-crossing facility is oper-        dential permit (or similar permit) has been
                                               of supply in the United States of liquid fuels          ating for such import, export, or trans-               issued pursuant to any provision of law or
                                               and feedstocks, and the affordability of liq-           mission as of the date of enactment of this            Executive order; or
                                               uid fuels for consumers in the United States;           section;                                                 (3) a border-crossing facility for which a
                                                 (B) analyses and projections with respect                (B) if a Presidential permit (or similar per-       certificate of crossing has previously been
                                               to—                                                     mit) for the construction, connection, oper-           issued under subsection (a).
                                                 (i) the capacity of petrochemical refineries          ation, or maintenance has been issued pursu-
                                               located in the United States;                                                                                    (e) PROHIBITION ON REVOCATION OF PRESI-
                                                                                                       ant to any provision of law or Executive
                                                 (ii) opportunities for expanding such ca-             order; or                                              DENTIAL     PERMITS.—Notwithstanding        any
                                               pacity; and                                                (C) if an application for a Presidential per-       other provision of law, the President may
                                                 (iii) the risks to petrochemical refineries           mit (or similar permit) for the construction,          not revoke a Presidential permit (or similar
                                               located in the United States;                           connection, operation, or maintenance is               permit) issued pursuant to Executive Order
                                                 (C) an assessment of any Federal or State             pending on the date of enactment of this sec-          No. 13337 (3 U.S.C. 301 note), Executive Order
                                               executive actions, regulations, or policies             tion, until the earlier of—                            No. 11423 (3 U.S.C. 301 note), Executive Order
                                               that have caused or contributed to a decline               (i) the date on which such application is           No. 12038 (43 Fed. Reg. 4957), Executive Order
                                               in the capacity of petrochemical refineries             denied; or                                             No. 10485 (18 Fed. Reg. 5397), or any other Ex-
                                               located in the United States; and                          (ii) two years after the date of enactment
                                                 (D) any recommendations for Federal                                                                          ecutive order for the construction, connec-
                                                                                                       of this section, if such a permit has not been
                                               agencies and Congress to encourage an in-                                                                      tion, operation, or maintenance of an oil or
                                                                                                       issued by such date of enactment.
                                               crease in the capacity of petrochemical re-                                                                    natural gas pipeline or electric transmission
                                                                                                          (4) EFFECT OF OTHER LAWS.—
                                               fineries located in the United States; and                 (A) APPLICATION TO PROJECTS.—Nothing in             facility, or any border-crossing facility
                                                 (2) make publicly available the report sub-           this subsection or subsection (d) shall affect         thereof, unless such revocation is authorized
                                               mitted under paragraph (1).                             the application of any other Federal statute           by an Act of Congress.
                                               SEC. 324. PROMOTING CROSS-BORDER ENERGY                 to a project for which a certificate of cross-           (f) EFFECTIVE DATE; RULEMAKING DEAD-
                                                          INFRASTRUCTURE.                              ing for a border-crossing facility is requested        LINES.—
                                                 (a) AUTHORIZATION OF CERTAIN ENERGY IN-               under this subsection.                                   (1)  EFFECTIVE  DATE.—Subsections (a)
                                               FRASTRUCTURE    PROJECTS AT AN INTER-                      (B) NATURAL GAS ACT.—Nothing in this
                                               NATIONAL    BOUNDARY    OF   THE   UNITED                                                                      through (d), and the amendments made by
                                                                                                       subsection or subsection (d) shall affect the          such subsections, shall take effect on the
                                               STATES.—                                                requirement to obtain approval or authoriza-
                                                 (1) AUTHORIZATION.—Except as provided in                                                                     date that is 1 year after the date of enact-
                                                                                                       tion under sections 3 and 7 of the Natural             ment of this section.
                                               paragraph (3) and subsection (d), no person             Gas Act for the siting, construction, or oper-
                                               may construct, connect, operate, or main-                                                                        (2) RULEMAKING DEADLINES.—Each relevant
                                                                                                       ation of any facility to import or export nat-         official or agency described in subsection
                                               tain a border-crossing facility for the import          ural gas.
                                               or export of oil or natural gas, or the trans-                                                                 (a)(2)(B) shall—
                                                                                                          (C) OIL PIPELINES.—Nothing in this sub-               (A) not later than 180 days after the date of
                                               mission of electricity, across an inter-                section or subsection (d) shall affect the au-
                                               national border of the United States without                                                                   enactment of this section, publish in the
                                                                                                       thority of the Federal Energy Regulatory               Federal Register notice of a proposed rule-
                                               obtaining a certificate of crossing for the             Commission with respect to oil pipelines
                                               border-crossing facility under this sub-                                                                       making to carry out the applicable require-
                                                                                                       under section 60502 of title 49, United States         ments of subsection (a); and
                                               section.                                                Code.
                                                 (2) CERTIFICATE OF CROSSING.—                                                                                  (B) not later than 1 year after the date of
                                                                                                          (b) TRANSMISSION OF ELECTRIC ENERGY TO              enactment of this section, publish in the
                                                 (A) REQUIREMENT.—Not later than 120 days              CANADA AND MEXICO.—
                                               after final action is taken, by the relevant                                                                   Federal Register a final rule to carry out the
                                                                                                          (1) REPEAL OF REQUIREMENT TO SECURE                 applicable requirements of subsection (a).
                                               official or agency identified under subpara-            ORDER.—Section 202(e) of the Federal Power
                                               graph (B), under the National Environmental             Act (16 U.S.C. 824a(e)) is repealed.                      (g) DEFINITIONS.—In this section:
                                               Policy Act of 1969 (42 U.S.C. 4321 et seq.) with           (2) CONFORMING AMENDMENTS.—                            (1) BORDER-CROSSING FACILITY.—The term
                                               respect to a border-crossing facility for                  (A) STATE REGULATIONS.—Section 202(f) of            ‘‘border-crossing facility’’ means the portion
                                               which a person requests a certificate of                the Federal Power Act (16 U.S.C. 824a(f)) is           of an oil or natural gas pipeline or electric
                                               crossing under this subsection, the relevant            amended by striking ‘‘insofar as such State            transmission facility that is located at an
                                               official or agency, in consultation with ap-            regulation does not conflict with the exer-            international boundary of the United States.
                                               propriate Federal agencies, shall issue a cer-          cise of the Commission’s powers under or re-              (2) MODIFICATION.—The term ‘‘modifica-
                                               tificate of crossing for the border-crossing            lating to subsection 202(e)’’.                         tion’’ includes a reversal of flow direction,
                                               facility unless the relevant official or agency            (B) SEASONAL DIVERSITY ELECTRICITY EX-              change in ownership, change in flow volume,
                                               finds that the construction, connection, op-            CHANGE.—Section 602(b) of the Public Utility           addition or removal of an interconnection, or
                                               eration, or maintenance of the border-cross-            Regulatory Policies Act of 1978 (16 U.S.C.             an adjustment to maintain flow (such as a
                                               ing facility is not in the public interest of           824a–4(b)) is amended by striking ‘‘the Com-           reduction or increase in the number of pump
                                               the United States.                                      mission has conducted hearings and made                or compressor stations).
                                                 (B) RELEVANT OFFICIAL OR AGENCY.—The                  the findings required under section 202(e) of             (3) NATURAL GAS.—The term ‘‘natural gas’’
                                               relevant official or agency referred to in sub-         the Federal Power Act’’ and all that follows           has the meaning given that term in section
                                               paragraph (A) is—                                       through the period at the end and inserting            2 of the Natural Gas Act (15 U.S.C. 717a).
                                                 (i) the Federal Energy Regulatory Com-                ‘‘the Secretary has conducted hearings and                (4) OIL.—The term ‘‘oil’’ means petroleum
                                               mission with respect to border-crossing fa-             finds that the proposed transmission facili-           or a petroleum product.
                                               cilities consisting of oil or natural gas pipe-         ties would not impair the sufficiency of elec-            (5) ELECTRIC RELIABILITY ORGANIZATION; RE-
                                               lines; and                                              tric supply within the United States or                GIONAL ENTITY.—The terms ‘‘Electric Reli-
                                                 (ii) the Secretary of Energy with respect to          would not impede or tend to impede the co-             ability Organization’’ and ‘‘regional entity’’
                                               border-crossing facilities consisting of elec-                                                                 have the meanings given those terms in sec-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       ordination in the public interest of facilities
                                               tric transmission facilities.                           subject to the jurisdiction of the Sec-                tion 215 of the Federal Power Act (16 U.S.C.
                                                 (C) ADDITIONAL REQUIREMENT FOR ELECTRIC               retary.’’.                                             824o).
                                               TRANSMISSION FACILITIES.—In the case of a                  (c) NO PRESIDENTIAL PERMIT REQUIRED.—                  (6) INDEPENDENT SYSTEM OPERATOR; RE-
                                               request for a certificate of crossing for a bor-        No Presidential permit (or similar permit)             GIONAL     TRANSMISSION    ORGANIZATION.—The
                                               der-crossing facility consisting of an electric         shall be required pursuant to any provision            terms ‘‘Independent System Operator’’ and
                                               transmission facility, the Secretary of En-             of law or Executive order for the construc-            ‘‘Regional Transmission Organization’’ have
                                               ergy shall require, as a condition of issuing           tion, connection, operation, or maintenance            the meanings given those terms in section 3
                                               the certificate of crossing under subpara-              of an oil or natural gas pipeline or electric          of the Federal Power Act (16 U.S.C. 796).




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00080   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                    S1937
                                               SEC. 325. SENSE OF CONGRESS EXPRESSING DIS-                (3) by redesignating subsection (d) as sub-           (2) FEDERAL AUTHORIZATION.—The term
                                                           APPROVAL OF THE REVOCATION OF               section (c), and moving such subsection after          ‘‘Federal authorization’’ has the meaning
                                                           THE PRESIDENTIAL PERMIT FOR                 subsection (b), as so redesignated;                    given that term in section 15(a) of the Nat-
                                                           THE KEYSTONE XL PIPELINE.
                                                                                                          (4) in subsection (a), as so redesignated, by       ural Gas Act (15 U.S.C. 717n(a)).
                                                 (a) FINDINGS.—Congress finds the fol-                 amending paragraph (1) to read as follows:               (3) NEPA REVIEW.—The term ‘‘NEPA re-
                                               lowing:                                                 ‘‘(1) The Federal Energy Regulatory Com-               view’’ means the process of reviewing a pro-
                                                 (1) On March 29, 2019, TransCanada Key-               mission (in this subsection referred to as the         posed Federal action under section 102 of the
                                               stone Pipeline, L.P., was granted a Presi-              ‘Commission’) shall have the exclusive au-             National Environmental Policy Act of 1969
                                               dential permit to construct, connect, oper-             thority to approve or deny an application for          (42 U.S.C. 4332).
                                               ate, and maintain the Keystone XL pipeline.             authorization for the siting, construction,              (4) PROJECT-RELATED NEPA REVIEW.—The
                                                 (2) On January 20, 2021, President Biden              expansion, or operation of a facility to ex-           term ‘‘project-related NEPA review’’ means
                                               issued Executive Order No. 13990 (86 Fed.               port natural gas from the United States to a           any NEPA review required to be conducted
                                               Reg. 7037) that revoked the March 2019 Presi-           foreign country or import natural gas from a           with respect to the issuance of an authoriza-
                                               dential permit for the Keystone XL.                     foreign country, including an LNG terminal.            tion under section 3 of the Natural Gas Act
                                                 (b) SENSE OF CONGRESS.—It is the sense of             In determining whether to approve or deny              or a certificate of public convenience and ne-
                                               Congress that Congress disapproves of the               an application under this paragraph, the               cessity under section 7 of such Act.
                                               revocation by President Biden of the Presi-             Commission shall deem the exportation or                 (b) COMMISSION NEPA REVIEW RESPONSIBIL-
                                               dential permit for the Keystone XL pipeline.            importation of natural gas to be consistent            ITIES.—In acting as the lead agency under
                                               SEC. 326. SENSE OF CONGRESS OPPOSING RE-                with the public interest. Except as specifi-           section 15(b)(1) of the Natural Gas Act for
                                                           STRICTIONS ON THE EXPORT OF                 cally provided in this Act, nothing in this            the purposes of complying with the National
                                                           CRUDE OIL OR OTHER PETROLEUM
                                                                                                       Act is intended to affect otherwise applica-           Environmental Policy Act of 1969 (42 U.S.C.
                                                           PRODUCTS.
                                                                                                       ble law related to any Federal agency’s au-            4321 et seq.) with respect to an authorization
                                                 (a) FINDINGS.—Congress finds the fol-
                                                                                                       thorities or responsibilities related to facili-       under section 3 of the Natural Gas Act or a
                                               lowing:
                                                                                                       ties to import or export natural gas, includ-          certificate of public convenience and neces-
                                                 (1) The United States has enjoyed a renais-           ing LNG terminals.’’; and                              sity under section 7 of such Act, the Com-
                                               sance in energy production, with the expan-                (5) by adding at the end the following new          mission shall, in accordance with this sec-
                                               sion of domestic crude oil and other petro-             subsection:                                            tion and other applicable Federal law—
                                               leum product production contributing to en-                ‘‘(d)(1) Nothing in this Act limits the au-           (1) be the only lead agency;
                                               hanced energy security and significant eco-             thority of the President under the Constitu-             (2) coordinate as early as practicable with
                                               nomic benefits to the national economy.                 tion, the International Emergency Economic             each agency designated as a participating
                                                 (2) In 2015, Congress recognized the need to          Powers Act (50 U.S.C. 1701 et seq.), the Na-           agency under subsection (d)(3) to ensure that
                                               adapt to changing crude oil market condi-               tional Emergencies Act (50 U.S.C. 1601 et              the Commission develops information in con-
                                               tions and repealed all restrictions on the ex-          seq.), part B of title II of the Energy Policy         ducting its project-related NEPA review that
                                               port of crude oil on a bipartisan basis.                and Conservation Act (42 U.S.C. 6271 et seq.),         is usable by the participating agency in con-
                                                 (3) Section 101 of title I of division O of the       the Trading With the Enemy Act (50 U.S.C.              sidering an aspect of an application for a
                                               Consolidated Appropriations Act, 2016 (42               4301 et seq.), or any other provision of law           Federal authorization for which the agency
                                               U.S.C. 6212a) established the national policy           that imposes sanctions on a foreign person             is responsible; and
                                               on oil export restriction, prohibiting any of-          or foreign government (including any provi-              (3) take such actions as are necessary and
                                               ficial of the Federal Government from im-               sion of law that prohibits or restricts United         proper to facilitate the expeditious resolu-
                                               posing or enforcing any restrictions on the             States persons from engaging in a trans-               tion of its project-related NEPA review.
                                               export of crude oil with limited exceptions,            action with a sanctioned person or govern-               (c) DEFERENCE TO COMMISSION.—In making
                                               including a savings clause maintaining the              ment), including a country that is des-                a decision with respect to a Federal author-
                                               authority to prohibit exports under any pro-            ignated as a state sponsor of terrorism, to            ization required with respect to an applica-
                                               vision of law that imposes sanctions on a for-          prohibit imports or exports.                           tion for authorization under section 3 of the
                                               eign person or foreign government (including               ‘‘(2) In this subsection, the term ‘state           Natural Gas Act or a certificate of public
                                               any provision of law that prohibits or re-              sponsor of terrorism’ means a country the              convenience and necessity under section 7 of
                                               stricts United States persons from engaging             government of which the Secretary of State             such Act, each agency shall give deference,
                                               in a transaction with a sanctioned person or            determines has repeatedly provided support             to the maximum extent authorized by law,
                                               government), including a foreign govern-                for international terrorism pursuant to—               to the scope of the project-related NEPA re-
                                               ment that is designated as a state sponsor of              ‘‘(A) section 1754(c)(1)(A) of the Export           view that the Commission determines to be
                                               terrorism.                                              Control Reform Act of 2018 (50 U.S.C.                  appropriate.
                                                 (4) Lifting the restrictions on crude oil ex-         4318(c)(1)(A));                                          (d) PARTICIPATING AGENCIES.—
                                               ports encouraged additional domestic energy                ‘‘(B) section 620A of the Foreign Assistance          (1) IDENTIFICATION.—The Commission shall
                                               production, created American jobs and eco-              Act of 1961 (22 U.S.C. 2371);                          identify, not later than 30 days after the
                                               nomic development, and allowed the United                  ‘‘(C) section 40 of the Arms Export Control         Commission receives an application for an
                                               States to emerge as the leading oil producer            Act (22 U.S.C. 2780); or                               authorization under section 3 of the Natural
                                               in the world.                                              ‘‘(D) any other provision of law.’’.                Gas Act or a certificate of public conven-
                                                                                                       SEC. 328. SENSE OF CONGRESS EXPRESSING DIS-            ience and necessity under section 7 of such
                                                 (5) In 2019, the United States became a net
                                                                                                                   APPROVAL OF THE DENIAL OF JOR-
                                               exporter of petroleum products for the first                        DAN COVE PERMITS.                          Act, any Federal or State agency, local gov-
                                               time since 1952, and the reliance of the                  (a) FINDINGS.—Congress finds the fol-                ernment, or Indian Tribe that may issue a
                                               United States on foreign imports of petro-              lowing:                                                Federal authorization or is required by Fed-
                                               leum products has declined to historic lows.              (1) On March 19, 2020, the Federal Energy            eral law to consult with the Commission in
                                                 (6) Free trade, open markets, and competi-            Regulatory Commission granted two Federal              conjunction with the issuance of a Federal
                                               tion have contributed to the rise of the                permits to Jordan Cove Energy Project, L.P.,           authorization required for such authoriza-
                                               United States as a global energy superpower.            to site, construct, and operate a new lique-           tion or certificate.
                                                 (b) SENSE OF CONGRESS.—It is the sense of             fied natural gas export terminal in Coos                 (2) INVITATION.—
                                               Congress that the Federal Government                    County, Oregon.                                          (A) IN GENERAL.—Not later than 45 days
                                               should not impose—                                        (2) On the same day, the Federal Energy              after the Commission receives an application
                                                 (1) overly restrictive regulations on the ex-         Regulatory Commission issued a certificate             for an authorization under section 3 of the
                                               ploration, production, or marketing of en-              of public convenience and necessity to Pa-             Natural Gas Act or a certificate of public
                                               ergy resources; or                                      cific Connector Gas Pipeline, L.P., to con-            convenience and necessity under section 7 of
                                                 (2) any restrictions on the export of crude           struct and operate the proposed Pacific Con-           such Act, the Commission shall invite any
                                               oil or other petroleum products under the               nector Pipeline in the counties of Klamath,            agency identified under paragraph (1) to par-
                                               Energy Policy and Conservation Act (42                  Jackson, Douglas, and Coos of Oregon.                  ticipate in the review process for the appli-
                                               U.S.C. 6201 et seq.), except with respect to              (3) The State of Oregon denied the permits           cable Federal authorization.
                                               the export of crude oil or other petroleum              and the certificate necessary for these                  (B) DEADLINE.—An invitation issued under
                                               products to a foreign person or foreign gov-            projects.                                              subparagraph (A) shall establish a deadline
                                               ernment subject to sanctions under any pro-               (b) SENSE OF CONGRESS.—It is the sense of            by which a response to the invitation shall
                                               vision of United States law, including to a             Congress that Congress disapproves of the              be submitted to the Commission, which may
                                               country the government of which is des-                                                                        be extended by the Commission for good




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       denial of these permits by the State of Or-
                                               ignated as a state sponsor of terrorism.                egon.                                                  cause.
                                               SEC. 327. UNLOCKING OUR DOMESTIC LNG PO-                SEC. 329. PROMOTING INTERAGENCY COORDINA-                (3) DESIGNATION AS PARTICIPATING AGEN-
                                                           TENTIAL.                                                TION FOR REVIEW OF NATURAL GAS             CIES.—Not later than 60 days after the Com-
                                                 Section 3 of the Natural Gas Act (15 U.S.C.                       PIPELINES.                                 mission receives an application for an au-
                                               717b) is amended—                                         (a) DEFINITIONS.—In this section:                    thorization under section 3 of the Natural
                                                 (1) by striking subsections (a) through (c);            (1) COMMISSION.—The term ‘‘Commission’’              Gas Act or a certificate of public conven-
                                                 (2) by redesignating subsections (e) and (f)          means the Federal Energy Regulatory Com-               ience and necessity under section 7 of such
                                               as subsections (a) and (b), respectively;               mission.                                               Act, the Commission shall designate an




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00081   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1938                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               agency identified under paragraph (1) as a                (4) COMMISSION CONSIDERATION OF CONDI-               consideration required by law with respect
                                               participating agency with respect to an ap-             TIONS.—The Commission may include a term               to such application; and
                                               plication for authorization under section 3 of          or condition in an authorization under sec-              (vi) not less often than once every 90 days,
                                               the Natural Gas Act or a certificate of public          tion 3 of the Natural Gas Act or a certificate         transmit to the Commission a report describ-
                                               convenience and necessity under section 7 of            of public convenience and necessity under              ing the progress made in considering such
                                               such Act unless the agency informs the Com-             section 7 of such Act proposed by a State or           application for a Federal authorization.
                                               mission, in writing, by the deadline estab-             interstate agency under paragraph (3) only if            (3) FAILURE TO MEET DEADLINE.—If a Fed-
                                               lished pursuant to paragraph (2)(B), that the           the Commission finds that the term or condi-           eral or State agency, including the Commis-
                                               agency—                                                 tion is necessary to ensure that any activity          sion, fails to meet a deadline for a Federal
                                                 (A) has no jurisdiction or authority with             described in paragraph (2) conducted pursu-            authorization set forth in the schedule estab-
                                               respect to the applicable Federal authoriza-            ant to such authorization or certification             lished by the Commission under section
                                               tion;                                                   will comply with the applicable provisions of          15(c)(1) of the Natural Gas Act, not later
                                                 (B) has no special expertise or information           sections 301, 302, 303, 306, and 307 of the Fed-       than 5 days after such deadline, the head of
                                               relevant to any project-related NEPA re-                eral Water Pollution Control Act.                      the relevant Federal agency (including, in
                                               view; or                                                  (f) SCHEDULE.—                                       the case of a failure by a State agency, the
                                                 (C) does not intend to submit comments                  (1) DEADLINE FOR FEDERAL AUTHORIZA-                  Federal agency overseeing the delegated au-
                                               for the record for the project-related NEPA             TIONS.—A deadline for a Federal authoriza-             thority) shall notify Congress and the Com-
                                               review conducted by the Commission.                     tion required with respect to an application           mission of such failure and set forth a rec-
                                                 (4) EFFECT OF NON-DESIGNATION.—                       for authorization under section 3 of the Nat-          ommended implementation plan to ensure
                                                 (A) EFFECT ON AGENCY.—Any agency that is              ural Gas Act or a certificate of public con-           completion of the action to which such dead-
                                               not designated as a participating agency                venience and necessity under section 7 of              line applied.
                                               under paragraph (3) with respect to an appli-           such Act set by the Commission under sec-                (g) CONSIDERATION OF APPLICATIONS FOR
                                               cation for an authorization under section 3             tion 15(c)(1) of such Act shall be not later           FEDERAL AUTHORIZATION.—
                                               of the Natural Gas Act or a certificate of              than 90 days after the Commission completes              (1) ISSUE IDENTIFICATION AND RESOLUTION.—
                                               public convenience and necessity under sec-             its project-related NEPA review, unless an               (A) IDENTIFICATION.—Federal and State
                                               tion 7 of such Act may not request or con-              applicable schedule is otherwise established           agencies that may consider an aspect of an
                                               duct a NEPA review that is supplemental to              by Federal law.                                        application for a Federal authorization shall
                                               the project-related NEPA review conducted                 (2) CONCURRENT REVIEWS.—Each Federal                 identify, as early as possible, any issues of
                                               by the Commission, unless the agency—                   and State agency—                                      concern that may delay or prevent an agency
                                                 (i) demonstrates that such review is legally            (A) that may consider an application for a           from working with the Commission to re-
                                               necessary for the agency to carry out respon-           Federal authorization required with respect            solve such issues and granting such author-
                                               sibilities in considering an aspect of an ap-           to an application for authorization under              ization.
                                               plication for a Federal authorization; and              section 3 of the Natural Gas Act or a certifi-           (B) ISSUE RESOLUTION.—The Commission
                                                 (ii) requires information that could not              cate of public convenience and necessity               may forward any issue of concern identified
                                               have been obtained during the project-re-               under section 7 of such Act shall formulate            under subparagraph (A) to the heads of the
                                               lated NEPA review conducted by the Com-                 and implement a plan for administrative,               relevant agencies (including, in the case of
                                               mission.                                                policy, and procedural mechanisms to enable            an issue of concern that is a failure by a
                                                 (B) COMMENTS; RECORD.—The Commission                  the agency to ensure completion of Federal             State agency, the Federal agency overseeing
                                               shall not, with respect to an agency that is            authorizations in compliance with schedules            the delegated authority, if applicable) for
                                               not designated as a participating agency                established by the Commission under section            resolution.
                                               under paragraph (3) with respect to an appli-           15(c)(1) of such Act; and                                (2) REMOTE SURVEYS.—If a Federal or State
                                               cation for an authorization under section 3               (B) in considering an aspect of an applica-          agency considering an aspect of an applica-
                                               of the Natural Gas Act or a certificate of              tion for a Federal authorization required              tion for a Federal authorization requires the
                                               public convenience and necessity under sec-             with respect to an application for authoriza-          person applying for such authorization to
                                               tion 7 of such Act—                                     tion under section 3 of the Natural Gas Act            submit data, the agency shall consider any
                                                 (i) consider any comments or other infor-             or a certificate of public convenience and ne-         such data gathered by aerial or other remote
                                               mation submitted by such agency for the                 cessity under section 7 of such Act, shall—            means that the person submits. The agency
                                               project-related NEPA review conducted by                  (i) formulate and implement a plan to en-            may grant a conditional approval for the
                                               the Commission; or                                      able the agency to comply with the schedule            Federal authorization based on data gath-
                                                 (ii) include any such comments or other in-           established by the Commission under section            ered by aerial or remote means, conditioned
                                               formation in the record for such project-re-            15(c)(1) of such Act;                                  on the verification of such data by subse-
                                               lated NEPA review.                                        (ii) carry out the obligations of that agen-         quent onsite inspection.
                                                 (e) WATER QUALITY IMPACTS.—                           cy under applicable law concurrently, and in             (3) APPLICATION PROCESSING.—The Commis-
                                                 (1) IN GENERAL.—Notwithstanding section               conjunction with, the project-related NEPA             sion, and Federal and State agencies, may
                                               401 of the Federal Water Pollution Control              review conducted by the Commission, and in             allow a person applying for a Federal author-
                                               Act (33 U.S.C. 1341), an applicant for a Fed-           compliance with the schedule established by            ization to fund a third-party contractor to
                                               eral authorization shall not be required to             the Commission under section 15(c)(1) of such          assist in reviewing the application for such
                                               provide a certification under such section              Act, unless the agency notifies the Commis-            authorization.
                                               with respect to the Federal authorization.              sion in writing that doing so would impair
                                                 (2) COORDINATION.—With respect to any                 the ability of the agency to conduct needed              (h) ACCOUNTABILITY, TRANSPARENCY, EFFI-
                                                                                                                                                              CIENCY.—For an application for an authoriza-
                                               NEPA review for a Federal authorization to              analysis or otherwise carry out such obliga-
                                               conduct an activity that will directly result           tions;                                                 tion under section 3 of the Natural Gas Act
                                               in a discharge into the navigable waters                  (iii) transmit to the Commission a state-            or a certificate of public convenience and ne-
                                               (within the meaning of the Federal Water                ment—                                                  cessity under section 7 of such Act that re-
                                               Pollution Control Act), the Commission                    (I) acknowledging receipt of the schedule            quires multiple Federal authorizations, the
                                               shall identify as an agency under subsection            established by the Commission under section            Commission, with input from any Federal or
                                               (d)(1) the State in which the discharge origi-          15(c)(1) of the Natural Gas Act; and                   State agency considering an aspect of the ap-
                                               nates or will originate, or, if appropriate, the          (II) setting forth the plan formulated under         plication, shall track and make available to
                                               interstate water pollution control agency               clause (i) of this subparagraph;                       the public on the Commission’s website in-
                                               having jurisdiction over the navigable                    (iv) not later than 30 days after the agency         formation related to the actions required to
                                               waters at the point where the discharge                 receives such application for a Federal au-            complete the Federal authorizations. Such
                                               originates or will originate.                           thorization, transmit to the applicant a no-           information shall include the following:
                                                 (3) PROPOSED CONDITIONS.—A State or                   tice—                                                    (1) The schedule established by the Com-
                                               interstate agency designated as a partici-                (I) indicating whether such application is           mission under section 15(c)(1) of the Natural
                                               pating agency pursuant to paragraph (2) may             ready for processing; and                              Gas Act.
                                               propose to the Commission terms or condi-                 (II) if such application is not ready for              (2) A list of all the actions required by each
                                               tions for inclusion in an authorization under           processing, that includes a comprehensive              applicable agency to complete permitting,
                                               section 3 of the Natural Gas Act or a certifi-          description of the information needed for the          reviews, and other actions necessary to ob-
                                               cate of public convenience and necessity                agency to determine that the application is            tain a final decision on the application.




SSpencer on DSK126QN23PROD with SENATE
                                               under section 7 of such Act that the State or           ready for processing;                                    (3) The expected completion date for each
                                               interstate agency determines are necessary                (v) determine that such application for a            such action.
                                               to ensure that any activity described in                Federal authorization is ready for processing            (4) A point of contact at the agency respon-
                                               paragraph (2) conducted pursuant to such au-            for purposes of clause (iv) if such application        sible for each such action.
                                               thorization or certification will comply with           is sufficiently complete for the purposes of             (5) In the event that an action is still pend-
                                               the applicable provisions of sections 301, 302,         commencing consideration, regardless of                ing as of the expected date of completion, a
                                               303, 306, and 307 of the Federal Water Pollu-           whether supplemental information is nec-               brief explanation of the reasons for the
                                               tion Control Act.                                       essary to enable the agency to complete the            delay.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00082   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1939
                                                 (i) PIPELINE SECURITY.—In considering an              SEC. 330B. NATIONAL SECURITY OR ENERGY SE-             source at a critical energy resource facility
                                               application for an authorization under sec-                         CURITY WAIVERS TO PRODUCE                  is necessary to meet the national security or
                                                                                                                   CRITICAL ENERGY RESOURCES.
                                               tion 3 of the Natural Gas Act or a certificate                                                                 energy security needs of the United States,
                                               of public convenience and necessity under                 (a) CLEAN AIR ACT REQUIREMENTS.—                     then the Administrator may, with or with-
                                               section 7 of such Act, the Federal Energy                 (1) IN GENERAL.—If the Administrator of              out notice, hearing, or other report, issue a
                                               Regulatory Commission shall consult with                the Environmental Protection Agency, in                temporary waiver of any covered require-
                                               the Administrator of the Transportation Se-             consultation with the Secretary of Energy,             ment with respect to such critical energy re-
                                               curity Administration regarding the appli-              determines that, by reason of a sudden in-             source facility that, in the judgment of the
                                               cant’s compliance with security guidance                crease in demand for, or a shortage of, a crit-        Administrator, will allow for such processing
                                               and best practice recommendations of the                ical energy resource, or another cause, the            or refining at such critical energy resource
                                               Administration regarding pipeline infra-                processing or refining of a critical energy re-        facility as necessary to best meet such needs
                                               structure security, pipeline cybersecurity,             source at a critical energy resource facility          and serve the public interest.
                                               pipeline personnel security, and other pipe-            is necessary to meet the national security or            ‘‘(b) CONFLICT WITH OTHER ENVIRONMENTAL
                                               line security measures.                                 energy security needs of the United States,            LAWS.—The Administrator shall ensure that
                                                                                                       then the Administrator may, with or with-              any waiver of a covered requirement under
                                                 (j) WITHDRAWAL OF POLICY STATEMENTS.—
                                                                                                       out notice, hearing, or other report, issue a          this section, to the maximum extent prac-
                                               The Federal Energy Regulatory Commission
                                                                                                       temporary waiver of any requirement under              ticable, does not result in a conflict with a
                                               shall withdraw—
                                                                                                       the Clean Air Act (42 U.S.C. 7401 et seq.) with        requirement of any other applicable Federal,
                                                 (1) the updated policy statement titled
                                                                                                       respect to such critical energy resource fa-           State, or local environmental law or regula-
                                               ‘‘Certification of New Interstate Natural Gas
                                                                                                       cility that, in the judgment of the Adminis-           tion and minimizes any adverse environ-
                                               Facilities’’ published in the Federal Register
                                                                                                       trator, will allow for such processing or re-          mental impacts.
                                               on March 1, 2022 (87 Fed. Reg. 11548); and
                                                                                                       fining at such critical energy resource facil-           ‘‘(c) VIOLATIONS OF OTHER ENVIRONMENTAL
                                                 (2) the interim policy statement titled
                                                                                                       ity as necessary to best meet such needs and           LAWS.—To the extent any omission or action
                                               ‘‘Consideration of Greenhouse Gas Emissions
                                                                                                       serve the public interest.                             taken by a party under a waiver issued under
                                               in Natural Gas Infrastructure Project Re-
                                                                                                         (2) CONFLICT WITH OTHER ENVIRONMENTAL                this section is in conflict with any require-
                                               views’’ published in the Federal Register on
                                                                                                       LAWS.—The Administrator shall ensure that              ment of a Federal, State, or local environ-
                                               March 11, 2022 (87 Fed. Reg. 14104).
                                                                                                       any waiver of a requirement under the Clean            mental law or regulation, such omission or
                                               SEC. 330. INTERIM HAZARDOUS WASTE PERMITS                                                                      action shall not be considered a violation of
                                                                                                       Air Act under this subsection, to the max-
                                                           FOR CRITICAL ENERGY RESOURCE
                                                                                                       imum extent practicable, does not result in a          such environmental law or regulation, or
                                                           FACILITIES.
                                                                                                       conflict with a requirement of any other ap-           subject such party to any requirement, civil
                                                  Section 3005(e) of the Solid Waste Disposal                                                                 or criminal liability, or a citizen suit under
                                                                                                       plicable Federal, State, or local environ-
                                               Act (42 U.S.C. 6925(e)) is amended—                                                                            such environmental law or regulation.
                                                                                                       mental law or regulation and minimizes any
                                                  (1) in paragraph (1)(A)—                                                                                      ‘‘(d) EXPIRATION AND RENEWAL OF WAIV-
                                                                                                       adverse environmental impacts.
                                                  (A) in clause (i), by striking ‘‘or’’ at the                                                                ERS.—A waiver issued under this section
                                                                                                         (3) VIOLATIONS OF OTHER ENVIRONMENTAL
                                               end;                                                                                                           shall expire not later than 90 days after it is
                                                                                                       LAWS.—To the extent any omission or action
                                                  (B) in clause (ii), by inserting ‘‘or’’ after                                                               issued. The Administrator may renew or re-
                                                                                                       taken by a party under a waiver issued under
                                               ‘‘this section,’’; and                                                                                         issue such waiver pursuant to subsections (a)
                                                                                                       this subsection is in conflict with any re-
                                                  (C) by adding at the end the following:                                                                     and (b) for subsequent periods, not to exceed
                                                                                                       quirement of a Federal, State, or local envi-
                                                  ‘‘(iii) is a critical energy resource facil-                                                                90 days for each period, as the Administrator
                                                                                                       ronmental law or regulation, such omission
                                               ity,’’; and                                                                                                    determines necessary to meet the national
                                                                                                       or action shall not be considered a violation
                                                  (2) by adding at the end the following:                                                                     security or energy security needs described
                                                                                                       of such environmental law or regulation, or
                                                  ‘‘(4) DEFINITIONS.—For the purposes of this                                                                 in subsection (a) and serve the public inter-
                                                                                                       subject such party to any requirement, civil
                                               subsection:                                                                                                    est. In renewing or reissuing a waiver under
                                                                                                       or criminal liability, or a citizen suit under
                                                  ‘‘(A) CRITICAL ENERGY RESOURCE.—The                                                                         this subsection, the Administrator shall in-
                                                                                                       such environmental law or regulation.
                                               term ‘critical energy resource’ means, as de-                                                                  clude in any such renewed or reissued waiver
                                                                                                         (4) EXPIRATION AND RENEWAL OF WAIVERS.—
                                               termined by the Secretary of Energy, any                                                                       such conditions as are necessary to minimize
                                                                                                       A waiver issued under this subsection shall
                                               energy resource—                                                                                               any adverse environmental impacts to the
                                                                                                       expire not later than 90 days after it is
                                                  ‘‘(i) that is essential to the energy sector                                                                extent practicable.
                                                                                                       issued. The Administrator may renew or re-
                                               and energy systems of the United States; and                                                                     ‘‘(e) SUBSEQUENT ACTION BY COURT.—If a
                                                                                                       issue such waiver pursuant to paragraphs (1)
                                                  ‘‘(ii) the supply chain of which is vulner-                                                                 waiver issued under this section is subse-
                                                                                                       and (2) for subsequent periods, not to exceed
                                               able to disruption.                                                                                            quently stayed, modified, or set aside by a
                                                                                                       90 days for each period, as the Administrator
                                                  ‘‘(B) CRITICAL ENERGY RESOURCE FACILITY.—                                                                   court pursuant a provision of law, any omis-
                                                                                                       determines necessary to meet the national
                                               The term ‘critical energy resource facility’                                                                   sion or action previously taken by a party
                                                                                                       security or energy security needs described
                                               means a facility that processes or refines a                                                                   under the waiver while the waiver was in ef-
                                                                                                       in paragraph (1) and serve the public inter-
                                               critical energy resource.’’.                                                                                   fect shall remain subject to subsection (c).
                                                                                                       est. In renewing or reissuing a waiver under
                                               SEC. 330A. FLEXIBLE AIR PERMITS FOR CRITICAL                                                                     ‘‘(f) DEFINITIONS.—In this section:
                                                                                                       this paragraph, the Administrator shall in-
                                                           ENERGY RESOURCE FACILITIES.                                                                          ‘‘(1) COVERED REQUIREMENT.—The term
                                                                                                       clude in any such renewed or reissued waiver
                                                  (a) IN GENERAL.—The Administrator of the                                                                    ‘covered requirement’ means—
                                                                                                       such conditions as are necessary to minimize
                                               Environmental Protection Agency shall, as                                                                        ‘‘(A) any standard established under sec-
                                                                                                       any adverse environmental impacts to the
                                               necessary, revise regulations under parts 70                                                                   tion 3002, 3003, or 3004;
                                                                                                       extent practicable.
                                               and 71 of title 40, Code of Federal Regula-                                                                      ‘‘(B) the permit requirement under section
                                                                                                         (5) SUBSEQUENT ACTION BY COURT.—If a
                                               tions, to—                                                                                                     3005; or
                                                                                                       waiver issued under this subsection is subse-
                                                  (1) authorize the owner or operator of a                                                                      ‘‘(C) any other requirement of this Act, as
                                                                                                       quently stayed, modified, or set aside by a
                                               critical energy resource facility to utilize                                                                   the Administrator determines appropriate.
                                                                                                       court pursuant a provision of law, any omis-
                                               flexible air permitting (as described in the                                                                     ‘‘(2) CRITICAL ENERGY RESOURCE.—The term
                                                                                                       sion or action previously taken by a party
                                               final rule titled ‘‘Operating Permit Pro-                                                                      ‘critical energy resource’ means, as deter-
                                                                                                       under the waiver while the waiver was in ef-
                                               grams; Flexible Air Permitting Rule’’ pub-                                                                     mined by the Secretary of Energy, any en-
                                                                                                       fect shall remain subject to paragraph (3).
                                               lished by the Environmental Protection                                                                         ergy resource—
                                                                                                         (6) CRITICAL ENERGY RESOURCE; CRITICAL EN-
                                               Agency in the Federal Register on October 6,                                                                     ‘‘(A) that is essential to the energy sector
                                                                                                       ERGY    RESOURCE     FACILITY   DEFINED.—The
                                               2009 (74 Fed. Reg. 51418)) with respect to such                                                                and energy systems of the United States; and
                                                                                                       terms ‘‘critical energy resource’’ and ‘‘crit-
                                               critical energy resource facility; and                                                                           ‘‘(B) the supply chain of which is vulner-
                                                                                                       ical energy resource facility’’ have the
                                                  (2) facilitate flexible, market-responsive                                                                  able to disruption.
                                                                                                       meanings given such terms in section 3025(f)
                                               operations (as described in the final rule                                                                       ‘‘(3) CRITICAL ENERGY RESOURCE FACILITY.—
                                                                                                       of the Solid Waste Disposal Act (as added by
                                               identified in paragraph (1)) with respect to                                                                   The term ‘critical energy resource facility’
                                                                                                       this section).
                                               critical energy resource facilities.                      (b) SOLID WASTE DISPOSAL ACT REQUIRE-                means a facility that processes or refines a
                                                  (b) DEFINITIONS.—In this section:                    MENTS.—
                                                                                                                                                              critical energy resource.’’.
                                                  (1) CRITICAL ENERGY RESOURCE.—The term                 (1) HAZARDOUS WASTE MANAGEMENT.—The                    (2) TABLE OF CONTENTS.—The table of con-
                                               ‘‘critical energy resource’’ means, as deter-           Solid Waste Disposal Act (42 U.S.C. 6901 et            tents of the Solid Waste Disposal Act is
                                               mined by the Secretary of Energy, any en-               seq.) is amended by inserting after section            amended by inserting after the item relating
                                               ergy resource—                                                                                                 to section 3024 the following:




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       3024 the following:
                                                  (A) that is essential to the energy sector           ‘‘SEC. 3025. WAIVERS FOR CRITICAL ENERGY RE-           ‘‘Sec. 3025. Waivers for critical energy re-
                                               and energy systems of the United States; and                          SOURCE FACILITIES.                                      source facilities.’’.
                                                  (B) the supply chain of which is vulnerable             ‘‘(a) IN GENERAL.—If the Administrator, in          SEC. 330C. NATURAL GAS TAX REPEAL.
                                               to disruption.                                          consultation with the Secretary of Energy,               (a) REPEAL.—Section 136 of the Clean Air
                                                  (2) CRITICAL ENERGY RESOURCE FACILITY.—              determines that, by reason of a sudden in-             Act (42 U.S.C. 7436)(relating to methane
                                               The term ‘‘critical energy resource facility’’          crease in demand for, or a shortage of, a crit-        emissions and waste reduction incentive pro-
                                               means a facility that processes or refines a            ical energy resource, or another cause, the            gram for petroleum and natural gas systems)
                                               critical energy resource.                               processing or refining of a critical energy re-        is repealed.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00083   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1940                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                                 (b) RESCISSION.—The unobligated balance                 (b) STATIONARY SOURCE DESCRIBED.—A sta-                ‘‘(4) Before promulgating any rule under
                                               of any amounts made available under section             tionary source described in this subsection is         paragraph (2) or (3) of this subsection, the
                                               136 of the Clean Air Act (42 U.S.C. 7436)(as in         a stationary source (as defined in section             Administrator shall—
                                               effect on the day before the date of enact-             112(r)(2)(C) of the Clean Air Act (42 U.S.C.             ‘‘(A) provide a reasonable opportunity for
                                               ment of this Act) is rescinded.                         7412(r)(2)(C)) in North American Industry              presentation of views with respect to such
                                               SEC. 330D. REPEAL OF GREENHOUSE GAS REDUC-              Classification System code 324—                        rule, including a public hearing and a public
                                                           TION FUND.                                    (1) for which a construction permit or oper-         comment period; and
                                                 (a) REPEAL.—Section 134 of the Clean Air              ating permit has been issued pursuant to the             ‘‘(B) publish in the Federal Register notice
                                               Act (42 U.S.C. 7434)(relating to the green-             Clean Air Act (42 U.S.C. 7401 et seq.); or             of the reasonable opportunity for presen-
                                               house gas reduction fund) is repealed.                    (2) for which the owner or operator dem-             tation of views provided under subparagraph
                                                 (b) RESCISSION.—The unobligated balance               onstrates to the Administrator of the Envi-            (A).’’; and
                                               of any amounts made available under section             ronmental Protection Agency that such sta-               (3) by adding at the end the following:
                                               134 of the Clean Air Act (42 U.S.C. 7434)(as in         tionary source conforms or will conform to               ‘‘(5) PREAPPLICATION ACTIVITIES.—The Ad-
                                               effect on the day before the date of enact-             the most recent version of American Petro-             ministrator shall work as expeditiously as
                                                                                                       leum Institute Recommended Practice 751.               possible with States to complete any nec-
                                               ment of this Act) is rescinded.
                                                                                                       SEC. 330G. HOMEOWNER ENERGY FREEDOM.                   essary activities relevant to the submission
                                                 (c) CONFORMING AMENDMENT.—Section 60103
                                                                                                         (a) IN GENERAL.—The following are            re-     of an application under paragraph (1)(A) or
                                               of Public Law 117–169 (relating to the green-
                                                                                                       pealed:                                                notice under paragraph (1)(B), taking into
                                               house gas reduction fund) is repealed.
                                                                                                         (1) Section 50122 of Public Law 117–169 (42          consideration the need for a complete and
                                               SEC. 330E. ENDING FUTURE DELAYS IN CHEM-                                                                       detailed submission.
                                                           ICAL SUBSTANCE REVIEW FOR CRIT-             U.S.C. 18795a) (relating to a high-efficiency
                                                                                                                                                                ‘‘(6) APPLICATION COORDINATION FOR CLASS
                                                           ICAL ENERGY RESOURCES.                      electric home rebate program).
                                                                                                                                                              VI WELLS.—With respect to the underground
                                                 Section 5(a) of the Toxic Substances Con-               (2) Section 50123 of Public Law 117–169 (42
                                                                                                                                                              injection control program for Class VI wells
                                               trol Act (15 U.S.C. 2604(a)) is amended by              U.S.C. 18795b) (relating to State-based home
                                                                                                                                                              (as defined in section 40306(a) of the Infra-
                                               adding at the end the following:                        energy     efficiency    contractor      training
                                                                                                                                                              structure Investment and Jobs Act (42 U.S.C.
                                                 ‘‘(6) CRITICAL ENERGY RESOURCES.—                     grants).                                               300h–9(a))), the Administrator shall designate
                                                 ‘‘(A) STANDARD.—For purposes of a deter-                (3) Section 50131 of Public Law 117–169 (136         one individual at the Agency from each re-
                                               mination under paragraph (3) with respect to            Stat. 2041) (relating to assistance for latest         gional office to be responsible for coordi-
                                               a chemical substance that is a critical en-             and zero building energy code adoption).               nating—
                                               ergy resource, the Administrator shall take               (b) RESCISSIONS.—The unobligated balances              ‘‘(A) the completion of any necessary ac-
                                               into consideration economic, societal, and              of any amounts made available under each of
                                                                                                                                                              tivities prior to the submission of an applica-
                                               environmental costs and benefits, notwith-              sections 50122, 50123, and 50131 of Public Law
                                                                                                                                                              tion under paragraph (1)(A) or notice under
                                               standing any requirement of this section to             117–169 (42 U.S.C. 18795a, 18795b; 136 Stat. 2041)
                                                                                                                                                              paragraph (1)(B), in accordance with para-
                                               not take such factors into consideration.               (as in effect on the day before the date of en-
                                                                                                                                                              graph (5);
                                                 ‘‘(B) FAILURE TO RENDER DETERMINATION.—               actment of this Act) are rescinded.
                                                                                                                                                                ‘‘(B) the review of an application sub-
                                                                                                         (c)    CONFORMING      AMENDMENT.—Section
                                                 ‘‘(i) ACTIONS AUTHORIZED.—If, with respect                                                                   mitted under paragraph (1)(A) or notice sub-
                                                                                                       50121(c)(7) of Public Law 117–169 (42 U.S.C.
                                               to a chemical substance that is a critical en-                                                                 mitted under paragraph (1)(B);
                                                                                                       18795(c)(7)) is amended by striking ‘‘, includ-
                                               ergy resource, the Administrator fails to                                                                        ‘‘(C) any reasonable opportunity for pres-
                                                                                                       ing a rebate provided under a high-efficiency
                                               make a determination on a notice under                                                                         entation of views provided under paragraph
                                                                                                       electric home rebate program (as defined in
                                               paragraph (3) by the end of the applicable re-                                                                 (4)(A) and any notice published under para-
                                                                                                       section 50122(d)),’’.
                                               view period and the notice has not been                                                                        graph (4)(B); and
                                                                                                       SEC. 330H. STUDY.
                                               withdrawn by the submitter, the submitter                                                                        ‘‘(D) pursuant to the recommendations in-
                                                                                                         Not later than 180 days after the date of
                                               may take the actions described in paragraph                                                                    cluded in the report required under para-
                                                                                                       enactment of this Act, the Secretary of En-
                                               (1)(A) with respect to the chemical sub-                                                                       graph (7), the hiring of additional staff to
                                                                                                       ergy, in consultation with the Nuclear Regu-
                                               stance, and the Administrator shall be re-                                                                     carry out subparagraphs (A) through (C).
                                                                                                       latory Commission, shall conduct a study on              ‘‘(7) EVALUATION OF RESOURCES.—
                                               lieved of any requirement to make such de-
                                                                                                       how to streamline regulatory timelines re-               ‘‘(A) IN GENERAL.—Not later than 90 days
                                               termination.
                                                                                                       lating to developing new power plants by ex-           after the date of enactment of this para-
                                                 ‘‘(ii) NON-DUPLICATION.—A refund of appli-            amining practices relating to various power
                                               cable fees under paragraph (4)(A) shall not be                                                                 graph, the individual designated under para-
                                                                                                       generating sources, including fossil and nu-           graph (6) shall transmit to the appropriate
                                               made if a submitter takes an action de-                 clear generating sources.
                                               scribed in paragraph (1)(A) under this sub-                                                                    Congressional committees a report, includ-
                                                                                                       SEC. 330I. STATE PRIMARY ENFORCEMENT RE-               ing recommendations, regarding the—
                                               paragraph.                                                          SPONSIBILITY.
                                                 ‘‘(C) PREREQUISITE FOR SUGGESTION OF                                                                           ‘‘(i) availability of staff and resources to
                                                                                                         (a) AMENDMENTS.—Section 1422(b) of the               promptly carry out the requirements of
                                               WITHDRAWAL OR SUSPENSION.—The Adminis-                  Safe Drinking Water Act (42 U.S.C. 300h–1(b))
                                               trator may not suggest to, or request of, a                                                                    paragraph (6); and
                                                                                                       is amended—                                              ‘‘(ii) additional funding amounts needed to
                                               submitter of a notice under this subsection               (1) in paragraph (2)—
                                               for a chemical substance that is a critical                                                                    do so.
                                                                                                         (A) by striking ‘‘Within ninety days’’ and             ‘‘(B) APPROPRIATE CONGRESSIONAL COMMIT-
                                               energy resource that such submitter with-               inserting ‘‘(A) Within ninety days’’;
                                               draw such notice, or request a suspension of                                                                   TEES DEFINED.—In this paragraph, the term
                                                                                                         (B) by striking ‘‘and after reasonable op-           ‘appropriate      Congressional    Committees’
                                               the running of the applicable review period             portunity for presentation of views’’; and
                                               with respect to such notice, unless the Ad-                                                                    means—
                                                                                                         (C) by adding at the end the following:                ‘‘(i) in the Senate—
                                               ministrator has—                                          ‘‘(B) If, after 270 calendar days of a State’s
                                                 ‘‘(i) conducted a preliminary review of such                                                                   ‘‘(I) the Committee on Environment and
                                                                                                       application being submitted under paragraph            Public Works; and
                                               notice; and                                             (1)(A) or notice being submitted under para-
                                                 ‘‘(ii) provided to the submitter a draft of a                                                                  ‘‘(II) the Committee on Appropriations;
                                                                                                       graph (1)(B), the Administrator has not, pur-          and
                                               determination under paragraph (3), including            suant to subparagraph (A), by rule approved,
                                               any supporting information.                                                                                      ‘‘(ii) in the House of Representatives—
                                                                                                       disapproved, or approved in part and dis-
                                                 ‘‘(D) DEFINITION.—For purposes of this                                                                         ‘‘(I) the Committee on Energy and Com-
                                                                                                       approved in part the State’s underground in-
                                               paragraph, the term ‘critical energy re-                                                                       merce; and
                                                                                                       jection control program—
                                               source’ means, as determined by the Sec-                                                                         ‘‘(II) the Committee on Appropriations.’’.
                                                                                                         ‘‘(i) the Administrator shall transmit, in             (b) FUNDING.—In each of fiscal years 2023
                                               retary of Energy, any energy resource—                  writing, to the State a detailed explanation           through 2026, amounts made available by
                                                 ‘‘(i) that is essential to the energy sector          as to the status of the application or notice;         title VI of division J of the Infrastructure In-
                                               and energy systems of the United States; and            and                                                    vestment and Jobs Act under paragraph (7)
                                                 ‘‘(ii) the supply chain of which is vulner-             ‘‘(ii) the State’s underground injection             of the heading ‘‘Environmental Protection
                                               able to disruption.’’.                                  control program shall be deemed approved               Agency—State        and    Tribal    Assistance
                                               SEC. 330F. KEEPING AMERICA’S REFINERIES OP-             under this section if—                                 Grants’’ (Public Law 117–58; 135 Stat. 1402)
                                                           ERATING.                                      ‘‘(I) the Administrator has not after an-            may also be made available, subject to ap-
                                                 (a) IN GENERAL.—The owner or operator of              other 30 days, pursuant to subparagraph (A),           propriations, to carry out paragraphs (5), (6),
                                               a stationary source described in subsection             by rule approved, disapproved, or approved in          and (7) of section 1422(b) of the Safe Drinking
                                               (b) of this section shall not be required by            part and disapproved in part the State’s un-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              Water Act, as added by this section.
                                               the regulations promulgated under section               derground injection control program; and                 (c) RULE OF CONSTRUCTION.—The amend-
                                               112(r)(7)(B) of the Clean Air Act (42 U.S.C.              ‘‘(II) the State has established and imple-          ments made by this section shall—
                                               7412(r)(7)(B)) to include in any hazard assess-         mented an effective program (including ade-              (1) apply to all applications submitted to
                                               ment under clause (ii) of such section                  quate recordkeeping and reporting) to pre-             the Environmental Protection Agency after
                                               112(r)(7)(B) an assessment of safer technology          vent underground injection which endangers             the date of enactment of this Act to estab-
                                               and alternative risk management measures                drinking water sources.’’;                             lish an underground injection control pro-
                                               with respect to the use of hydrofluoric acid              (2) by amending paragraph (4) to read as             gram under section 1422(b) of the Safe Drink-
                                               in an alkylation unit.                                  follows:                                               ing Water Act (42 U.S.C. 300h–1); and




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00084   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1941
                                                 (2) with respect to such applications sub-            proposed tax hike on the oil and natural gas           agement Act of 1976 and that have been nom-
                                               mitted prior to the date of enactment of this           industry in the President’s fiscal year 2024           inated for leasing through the submission of
                                               Act, the 270 and 300 day deadlines under sec-           budget request.                                        an expression of interest, are subject to
                                               tion 1422(b)(2)(B) of the Safe Drinking Water           SEC. 330M. DOMESTIC ENERGY INDEPENDENCE                drainage in the absence of leasing, or are
                                               Act, as added by this section, shall begin on                      REPORT.                                     otherwise designated as available pursuant
                                               the date of enactment of this Act.                        Not later than 120 days after the date of            to regulations adopted by the Secretary.’’
                                               SEC. 330J. USE OF INDEX-BASED PRICING IN AC-            enactment of this Act, the Administrator of            after ‘‘sales are necessary.’’.
                                                           QUISITION OF PETROLEUM PROD-                the Environmental Protection Agency, in                  (b) QUARTERLY LEASE SALES.—
                                                           UCTS FOR THE SPR.                           consultation with the Secretary of Energy,               (1) IN GENERAL.—In accordance with the
                                                 Section 160(c) of the Energy Policy and               shall submit to Congress a report that iden-           Mineral Leasing Act (30 U.S.C. 181 et seq.),
                                               Conservation Act (42 U.S.C. 6240(c)) is                 tifies and assesses regulations promulgated            each fiscal year, the Secretary of the Inte-
                                               amended—                                                by the Administrator during the 15-year pe-            rior shall conduct a minimum of four oil and
                                                 (1) by redesignating paragraphs (1) through           riod preceding the date of enactment of this           gas lease sales in each of the following
                                               (6) as clauses (i) through (vi), respectively           Act that have—                                         States:
                                               (and adjusting the margins accordingly);                  (1) reduced the energy independence of the             (A) Wyoming.
                                                 (2) by striking ‘‘The Secretary shall’’ and           United States;                                           (B) New Mexico.
                                               inserting the following:                                  (2) increased the regulatory burden for en-            (C) Colorado.
                                                 ‘‘(1) IN GENERAL.—The Secretary shall’’;              ergy producers in the United States;                     (D) Utah.
                                               and                                                       (3) decreased the energy output by such en-            (E) Montana.
                                                 (3) by striking ‘‘Such procedures shall take          ergy producers;                                          (F) North Dakota.
                                               into account the need to—’’ and inserting                 (4) reduced the energy security of the                 (G) Oklahoma.
                                               the following:                                          United States; or                                        (H) Nevada.
                                                 ‘‘(2) INCLUSIONS.—Procedures developed                  (5) increased energy costs for consumers in            (I) Alaska.
                                               under this subsection shall—                            the United States.                                       (J) Any other State in which there is land
                                                 ‘‘(A) require acquisition of petroleum prod-          SEC. 330N. GAO STUDY.                                  available for oil and gas leasing under the
                                               ucts using index-based pricing; and                       Not later than 1 year after the date of en-          Mineral Leasing Act (30 U.S.C. 181 et seq.) or
                                                 ‘‘(B) take into account the need to—’’.               actment of this Act, the Comptroller General           any other mineral leasing law.
                                               SEC. 330K. PROHIBITION ON CERTAIN EXPORTS.              of the United States shall conduct a study on            (2) REQUIREMENT.—In conducting a lease
                                                 (a) IN GENERAL.—The Energy Policy and                 how banning natural gas appliances will af-            sale under paragraph (1) in a State described
                                               Conservation Act is amended by inserting                fect the rates and charges for electric ity.           in that paragraph, the Secretary of the Inte-
                                               after section 163 (42 U.S.C. 6243) the fol-             SEC. 330O. GAS KITCHEN RANGES AND OVENS.               rior shall offer all parcels nominated and eli-
                                               lowing:                                                   The Secretary of Energy may not finalize,            gible pursuant to the requirements of the
                                               ‘‘SEC. 164. PROHIBITION ON CERTAIN EXPORTS.             implement, administer, or enforce the pro-             Mineral Leasing Act (30 U.S.C. 181 et seq.) for
                                                  ‘‘(a) IN GENERAL.—The Secretary shall pro-           posed rule titled ‘‘Energy Conservation Pro-           oil and gas exploration, development, and
                                               hibit the export or sale of petroleum prod-             gram: Energy Conservation Standards for                production under the resource management
                                               ucts drawn down from the Strategic Petro-               Consumer Conventional Cooking Products;                plan in effect for the State.
                                               leum Reserve, under any provision of law,               Supplemental notice of proposed rulemaking               (3) REPLACEMENT SALES.—The Secretary of
                                               to—                                                     and announcement of public meeting’’ (88               the Interior shall conduct a replacement sale
                                                 ‘‘(1) the People’s Republic of China;                 Fed. Reg. 6818; published February 1, 2023)            during the same fiscal year if—
                                                 ‘‘(2) the Democratic People’s Republic of             with respect to energy conservation stand-               (A) a lease sale under paragraph (1) is can-
                                               Korea;                                                  ards for gas kitchen ranges and ovens, or any          celed, delayed, or deferred, including for a
                                                 ‘‘(3) the Russian Federation;                         substantially similar rule, including any rule         lack of eligible parcels; or
                                                 ‘‘(4) the Islamic Republic of Iran;                   that would directly or indirectly limit con-             (B) during a lease sale under paragraph (1)
                                                 ‘‘(5) any other country the government of             sumer access to gas kitchen ranges and                 the percentage of acreage that does not re-
                                               which is subject to sanctions imposed by the            ovens.                                                 ceive a bid is equal to or greater than 25 per-
                                               United States; and                                                                                             cent of the acreage offered.
                                                                                                       TITLE     IV—TRANSPARENCY,         ACCOUNT-
                                                 ‘‘(6) any entity owned, controlled, or influ-                                                                  (4) NOTICE REGARDING MISSED SALES.—Not
                                                                                                         ABILITY, PERMITTING, AND PRODUC-
                                               enced by—                                                                                                      later than 30 days after a sale required under
                                                                                                         TION OF AMERICAN RESOURCES
                                                 ‘‘(A) a country referred to in any of para-                                                                  this subsection is canceled, delayed, de-
                                               graphs (1) through (5); or                              SEC. 331. SHORT TITLE.                                 ferred, or otherwise missed the Secretary of
                                                 ‘‘(B) the Chinese Communist Party.                      This title may be cited as the ‘‘Trans-              the Interior shall submit to the Committee
                                                 ‘‘(b) WAIVER.—The Secretary may issue a               parency, Accountability, Permitting, and               on Natural Resources of the House of Rep-
                                               waiver of the prohibition described in sub-             Production of American Resources Act’’ or              resentatives and the Committee on Energy
                                               section (a) if the Secretary certifies that any         the ‘‘TAPP American Resources Act’’.                   and Natural Resources of the Senate a report
                                               export or sale authorized pursuant to the                 Subtitle A—Onshore and Offshore Leasing              that states what sale was missed and why it
                                               waiver is in the national security interests                          and Oversight                            was missed.
                                               of the United States.                                   SEC. 332. ONSHORE OIL AND GAS LEASING.                 SEC. 333. LEASE REINSTATEMENT.
                                                 ‘‘(c) RULE.—Not later than 60 days after
                                                                                                         (a) REQUIREMENT TO IMMEDIATELY RESUME                  The reinstatement of a lease entered into
                                               the date of enactment of the Fiscal Respon-
                                                                                                       ONSHORE OIL AND GAS LEASE SALES.—                      under the Mineral Leasing Act (30 U.S.C. 181
                                               sibility Act of 2023, the Secretary shall issue
                                                                                                         (1) IN GENERAL.—The Secretary of the Inte-           et seq.) or the Geothermal Steam Act of 1970
                                               a rule to carry out this section.’’.
                                                                                                       rior shall immediately resume quarterly on-            (30 U.S.C. 1001 et seq.) by the Secretary shall
                                                 (b) CONFORMING AMENDMENTS.—
                                                                                                       shore oil and gas lease sales in compliance            be not considered a major Federal action
                                                 (1) DRAWDOWN AND SALE OF PETROLEUM
                                                                                                       with the Mineral Leasing Act (30 U.S.C. 181            under section 102(2)(C) of the National Envi-
                                               PRODUCTS.—Section 161(a) of the Energy Pol-
                                                                                                       et seq.).                                              ronmental Policy Act of 1969 (42 U.S.C.
                                               icy and Conservation Act (42 U.S.C. 6241(a))
                                                                                                         (2) REQUIREMENT.—The Secretary of the In-            4332(2)(C)).
                                               is amended by inserting ‘‘and section 164’’
                                                                                                       terior shall ensure—                                   SEC. 334. PROTESTED LEASE SALES.
                                               before the period at the end.
                                                                                                         (A) that any oil and gas lease sale pursuant
                                                 (2) CLERICAL AMENDMENT.—The table of                                                                           Section 17(b)(1)(A) of the Mineral Leasing
                                                                                                       to paragraph (1) is conducted immediately on
                                               contents for the Energy Policy and Con-                                                                        Act (30 U.S.C. 226(b)(1)(A)) is amended by in-
                                                                                                       completion of all applicable scoping, public
                                               servation Act is amended by inserting after                                                                    serting ‘‘The Secretary shall resolve any pro-
                                                                                                       comment, and environmental analysis re-
                                               the item relating to section 163 the fol-                                                                      test to a lease sale not later than 60 days
                                                                                                       quirements under the Mineral Leasing Act
                                               lowing:                                                                                                        after such payment.’’ after ‘‘annual rental
                                                                                                       (30 U.S.C. 181 et seq.) and the National Envi-
                                               ‘‘Sec. 164. Prohibition on certain exports.’’.                                                                 for the first lease year.’’.
                                                                                                       ronmental Policy Act of 1969 (42 U.S.C. 4321
                                               SEC. 330L. SENSE OF CONGRESS EXPRESSING                 et seq.); and                                          SEC. 335. SUSPENSION OF OPERATIONS.
                                                           DISAPPROVAL OF THE PROPOSED
                                                                                                         (B) that the processes described in subpara-           Section 17 of the Mineral Leasing Act (30
                                                           TAX HIKES ON THE OIL AND NAT-
                                                           URAL GAS INDUSTRY IN THE PRESI-             graph (A) are conducted in a timely manner             U.S.C. 226) is amended by adding at the end
                                                           DENT’S FISCAL YEAR 2024 BUDGET              to ensure compliance with subsection (b)(1).           the following:
                                                           REQUEST.                                      (3) LEASE OF OIL AND GAS LANDS.—Section                ‘‘(r) SUSPENSION OF OPERATIONS PERMITS.—
                                                 (a) FINDING.—Congress finds that President            17(b)(1)(A) of the Mineral Leasing Act (30             In the event that an oil and gas lease owner




SSpencer on DSK126QN23PROD with SENATE
                                               Biden’s fiscal year 2024 budget request pro-            U.S.C. 226(b)(1)(A)) is amended by inserting           has submitted an expression of interest for
                                               poses to repeal tax provisions that are vital           ‘‘Eligible lands comprise all lands subject to         adjacent acreage that is part of the nature of
                                               to the oil and natural gas industry of the              leasing under this Act and not excluded from           the geological play and has yet to be offered
                                               United States, resulting in a $31,000,000,000           leasing by a statutory or regulatory prohibi-          in a lease sale by the Secretary, they may
                                               tax hike on oil and natural gas producers in            tion. Available lands are those lands that             request a suspension of operations from the
                                               the United States.                                      have been designated as open for leasing               Secretary of the Interior and upon request,
                                                 (b) SENSE OF CONGRESS.—It is the sense of             under a land use plan developed under sec-             the Secretary shall grant the suspension of
                                               Congress that Congress disapproves of the               tion 202 of the Federal Land Policy and Man-           operations within 15 days. Any payment of




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00085   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1942                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                               acreage rental or of minimum royalty pre-               ber of applications received each month, by              (10) the degree to which Bureau of Land
                                               scribed by such lease likewise shall be sus-            each Bureau of Land Management office, in-             Management, Bureau of Ocean Energy Man-
                                               pended during such period of suspension of              cluding—                                               agement, and Bureau of Safety and Environ-
                                               operations and production; and the term of                (A) a description of the cause of delay for          mental Enforcement field, State, and re-
                                               such lease shall be extended by adding any              pending applications, including as a result of         gional offices exercise discretion on such
                                               such suspension period thereto.’’.                      staffing shortages, technical limitations, in-         final approval;
                                               SEC. 336. ADMINISTRATIVE PROTEST PROCESS                complete applications, and incomplete re-                (11) during the period of 365 days that ends
                                                          REFORM.                                      view pursuant to the National Environ-                 on the date on which the report is submitted,
                                                  Section 17 of the Mineral Leasing Act (30            mental Policy Act of 1969 (42 U.S.C. 4321 et           the number of auctioned leases receiving ac-
                                               U.S.C. 226) is further amended by adding at             seq.) or other applicable laws;                        cepted bids that have not been issued to win-
                                               the end the following:                                    (B) the number of days an application has            ning bidders and the number of days such
                                                  ‘‘(s) PROTEST FILING FEE.—                           been pending in violation of section 17(p)(2)          leases have not been issued; and
                                                  ‘‘(1) IN GENERAL.—Before processing any              of the Mineral Leasing Act (30 U.S.C.                    (12) a description of the uses of application
                                               protest filed under this section, the Sec-              226(p)(2)); and                                        for permit to drill fees paid by permit hold-
                                               retary shall collect a filing fee in the amount           (C) a plan for how the office intends to             ers during the 5-year period ending on the
                                               described in paragraph (2) from the protestor           come into compliance with the requirements             date on which the report is submitted.
                                               to recover the cost for processing documents            of section 17(p)(2) of the Mineral Leasing Act           (b) PENDING APPLICATIONS FOR PERMITS TO
                                               filed for each administrative protest.                  (30 U.S.C. 226(p)(2));                                 DRILL.—Not later than 30 days after the date
                                                  ‘‘(2) AMOUNT.—The amount described in                  (3) the number of permits to drill issued            of the enactment of this section, the Sec-
                                               this paragraph is calculated as follows:                each month by each Bureau of Land Manage-              retary of the Interior shall—
                                                  ‘‘(A) For each protest filed in a submission         ment office during the 5-year period ending              (1) complete all requirements under the
                                               not exceeding 10 pages in length, the base fil-         on the date on which the report is submitted;          National Environmental Policy Act of 1969
                                               ing fee shall be $150.                                    (4) the status of each pending application           (42 U.S.C. 4321 et seq.) and other applicable
                                                  ‘‘(B) For each submission exceeding 10               for a license for offshore geological and geo-         law that must be met before issuance of a
                                               pages in length, in addition to the base filing         physical surveys received during the period            permit to drill described in paragraph (2);
                                               fee, an assessment of $5 per page in excess of          of 365 days that ends on the date on which             and
                                                                                                       the report is submitted, including the num-              (2) issue a permit for all completed applica-
                                               10 pages shall apply.
                                                                                                       ber of applications received each month, by            tions to drill that are pending on the date of
                                                  ‘‘(C) For protests that include more than
                                                                                                       each Bureau of Ocean Energy management                 the enactment of this Act.
                                               one oil and gas lease parcel, right-of-way, or
                                                                                                       regional office, including—
                                               application for permit to drill in a submis-                                                                     (c) PUBLIC AVAILABILITY OF DATA.—
                                                                                                         (A) a description of any cause of delay for
                                               sion, an additional assessment of $10 per ad-                                                                    (1) MINERAL LEASING ACT.—Section 17 of
                                                                                                       pending applications, including as a result of
                                               ditional lease parcel, right-of-way, or appli-                                                                 the Mineral Leasing Act (30 U.S.C. 226) is fur-
                                                                                                       staffing shortages, technical limitations, in-
                                               cation for permit to drill shall apply.                                                                        ther amended by adding at the end the fol-
                                                                                                       complete applications, and incomplete re-
                                                  ‘‘(3) ADJUSTMENT.—                                                                                          lowing:
                                                                                                       view pursuant to the National Environ-
                                                  ‘‘(A) IN GENERAL.—Beginning on January 1,                                                                     ‘‘(t) PUBLIC AVAILABILITY OF DATA.—
                                                                                                       mental Policy Act of 1969 (42 U.S.C. 4321 et
                                               2024, and annually thereafter, the Secretary            seq.) or other applicable laws;                          ‘‘(1) EXPRESSIONS OF INTEREST.—Not later
                                               shall adjust the filing fees established in this          (B) the number of days an application has            than 30 days after the date of the enactment
                                               subsection to whole dollar amounts to re-               been pending; and                                      of this subsection, and each month there-
                                               flect changes in the Producer Price Index, as             (C) a plan for how the Bureau of Ocean En-           after, the Secretary shall publish on the
                                               published by the Bureau of Labor Statistics,            ergy Management intends to complete re-                website of the Department of the Interior
                                               for the previous 12 months.                             view of each application;                              the number of pending, approved, and not ap-
                                                  ‘‘(B) PUBLICATION OF ADJUSTED FILING                   (5) the number of licenses for offshore geo-         proved expressions of interest in nominated
                                               FEES.—At least 30 days before the filing fees           logical and geophysical surveys issued each            parcels for future onshore oil and gas lease
                                               as adjusted under this paragraph take effect,           month by each Bureau of Ocean Energy Man-              sales in the preceding month.
                                               the Secretary shall publish notification of             agement regional office during the 5-year pe-            ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL.—
                                               the adjustment of such fees in the Federal              riod ending on the date on which the report            Not later than 30 days after the date of the
                                               Register.’’.                                            is submitted;                                          enactment of this subsection, and each
                                               SEC. 337. LEASING AND PERMITTING TRANS-                   (6) the status of each pending application           month thereafter, the Secretary shall pub-
                                                          PARENCY.                                     for a permit to drill received during the pe-          lish on the website of the Department of the
                                                 (a) REPORT.—Not later than 30 days after              riod of 365 days that ends on the date on              Interior the number of pending and approved
                                               the date of the enactment of this section,              which the report is submitted, including the           applications for permits to drill in the pre-
                                               and annually thereafter, the Secretary of the           number of applications received each month,            ceding month in each State office.
                                               Interior shall submit to the Committee on               by each Bureau of Safety and Environmental               ‘‘(3) PAST DATA.—Not later than 30 days
                                               Natural Resources of the House of Rep-                  Enforcement regional office, including—                after the date of the enactment of this sub-
                                               resentatives and the Committee on Energy                  (A) a description of any cause of delay for          section, the Secretary shall publish on the
                                               and Natural Resources of the Senate a report            pending applications, including as a result of         website of the Department of the Interior,
                                               that describes—                                         staffing shortages, technical limitations, in-         with respect to each month during the 5-year
                                                 (1) the status of nominated parcels for fu-           complete applications, and incomplete re-              period ending on the date of the enactment
                                               ture onshore oil and gas and geothermal                 view pursuant to the National Environ-                 of this subsection—
                                               lease sales, including—                                 mental Policy Act of 1969 (42 U.S.C. 4321 et             ‘‘(A) the number of approved and not ap-
                                                 (A) the number of expressions of interest             seq.) or other applicable laws;                        proved expressions of interest for onshore oil
                                               received each month during the period of 365              (B) the number of days an application has            and gas lease sales during such 5-year period;
                                               days that ends on the date on which the re-             been pending; and                                      and
                                               port is submitted with respect to which the               (C) steps the Bureau of Safety and Envi-               ‘‘(B) the number of approved and not ap-
                                               Bureau of Land Management—                              ronmental Enforcement is taking to com-                proved applications for permits to drill dur-
                                                 (i) has not taken any action to review;               plete review of each application;                      ing such 5-year period.’’.
                                                 (ii) has not completed review; or                       (7) the number of permits to drill issued              (2) OUTER CONTINENTAL SHELF LANDS ACT.—
                                                 (iii) has completed review and determined             each month by each Bureau of Safety and                Section 8 of the Outer Continental Shelf
                                               that the relevant area meets all applicable             Environmental Enforcement regional office              Lands Act (43 U.S.C. 1337) is amended by add-
                                               requirements for leasing, but has not offered           during the period of 365 days that ends on the         ing at the end the following:
                                               the relevant area in a lease sale;                      date on which the report is submitted;                   ‘‘(q) PUBLIC AVAILABILITY OF DATA.—
                                                 (B) how long expressions of interest de-                (8) how, as applicable, the Bureau of Land             ‘‘(1) OFFSHORE GEOLOGICAL AND GEO-
                                               scribed in subparagraph (A) have been pend-             Management, the Bureau of Ocean Energy                 PHYSICAL SURVEY LICENSES.—Not later than
                                               ing; and                                                Management, and the Bureau of Safety and               30 days after the date of the enactment of
                                                 (C) a plan, including timelines, for how the          Environmental       Enforcement     determines         this subsection, and each month thereafter,
                                               Secretary of the Interior plans to—                     whether to—                                            the Secretary shall publish on the website of
                                                 (i) work through future expressions of in-              (A) issue a license for geological and geo-          the Department of the Interior the number
                                               terest to prevent delays;                               physical surveys;                                      of pending and approved applications for li-
                                                 (ii) put expressions of interest described in           (B) issue a permit to drill; and                     censes for offshore geological and geo-




SSpencer on DSK126QN23PROD with SENATE
                                               subparagraph (A) into a lease sale; and                   (C) issue, extend, or suspend an oil and gas         physical surveys in the preceding month.
                                                 (iii) complete review for expressions of in-          lease;                                                   ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL.—
                                               terest described in clauses (i) and (ii) of sub-          (9) when determinations described in para-           Not later than 30 days after the date of the
                                               paragraph (A);                                          graph (8) are sent to the national office of           enactment of this subsection, and each
                                                 (2) the status of each pending application            the Bureau of Land Management, the Bureau              month thereafter, the Secretary shall pub-
                                               for permit to drill received during the period          of Ocean Energy Management, or the Bureau              lish on the website of the Department of the
                                               of 365 days that ends on the date on which              of Safety and Environmental Enforcement                Interior the number of pending and approved
                                               the report is submitted, including the num-             for final approval;                                    applications for permits to drill on the outer




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00086   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1943
                                               Continental Shelf in the preceding month in                (B) by adding at the end the following:             Management pursuant to the Mineral Leas-
                                               each regional office.                                      ‘‘(5) Each five-year program shall include          ing Act (30 U.S.C. 181 et seq.) and subpart
                                                 ‘‘(3) PAST DATA.—Not later than 30 days               at least two Gulf of Mexico region-wide lease          3425 of title 43, Code of Federal Regulations
                                               after the date of the enactment of this sub-            sales per year.’’; and                                 (as in effect on the date of the enactment of
                                               section, the Secretary shall publish on the                (C) in paragraph (3), by inserting ‘‘domes-         this Act), for which the environmental re-
                                               website of the Department of the Interior,              tic energy security,’’ after ‘‘between’’;              view process under the National Environ-
                                               with respect each month during the 5-year                  (2) by redesignating subsections (f) through        mental Policy Act of 1969 (42 U.S.C. 4321 et
                                               period ending on the date of the enactment              (i) as subsections (h) through (k), respec-            seq.) has commenced.
                                               of this subsection—                                     tively; and                                              (b) MANDATORY LEASING AND OTHER RE-
                                                 ‘‘(A) the number of approved applications                (3) by inserting after subsection (e) the fol-      QUIRED APPROVALS.—As soon as practicable
                                               for licenses for offshore geological and geo-           lowing:                                                after the date of the enactment of this Act,
                                               physical surveys; and                                      ‘‘(f) FIVE-YEAR PROGRAM FOR 2023–2028.—             the Secretary shall promptly—
                                                 ‘‘(B) the number of approved applications             The Secretary shall issue the five-year oil              (1) with respect to each qualified applica-
                                               for permits to drill on the outer Continental           and gas leasing program for 2023 through 2028          tion—
                                               Shelf.’’.                                               and issue the Record of Decision on the Final            (A) if not previously published for public
                                                 (d) REQUIREMENT TO SUBMIT DOCUMENTS                   Programmatic Environmental Impact State-               comment, publish a draft environmental as-
                                               AND COMMUNICATIONS.—                                    ment by not later than July 1, 2023.                   sessment, as required under the National En-
                                                 (1) IN GENERAL.—Not later than 60 days                   ‘‘(g) SUBSEQUENT LEASING PROGRAMS.—                 vironmental Policy Act of 1969 (42 U.S.C. 4321
                                               after the date of the enactment of this sec-               ‘‘(1) IN GENERAL.—Not later than 36 months          et seq.) and any applicable implementing
                                               tion, the Secretary of the Interior shall sub-          after conducting the first lease sale under an         regulations;
                                               mit to the Committee on Energy and Nat-                 oil and gas leasing program prepared pursu-              (B) finalize the fair market value of the
                                               ural Resources of the Senate and the Com-               ant to this section, the Secretary shall begin         coal tract for which a lease by application is
                                               mittee on Natural Resources of the House of             preparing the subsequent oil and gas leasing           pending;
                                               Representatives all documents and commu-                program under this section.                              (C) take all intermediate actions necessary
                                               nications relating to the comprehensive re-                ‘‘(2) REQUIREMENT.—Each subsequent oil              to grant the qualified application; and
                                               view of Federal oil and gas permitting and              and gas leasing program under this section               (D) grant the qualified application; and
                                               leasing practices required under section 208            shall be approved by not later than 180 days             (2) with respect to previously awarded coal
                                               of Executive Order No. 14008 (86 Fed. Reg.              before the expiration of the previous oil and          leases, grant any additional approvals of the
                                               7624; relating to tackling the climate crisis           gas leasing program.’’.                                Department of the Interior or any bureau,
                                               at home and abroad).                                    SEC. 340. GEOTHERMAL LEASING.                          agency, or division of the Department of the
                                                 (2) INCLUSIONS.—The submission under                    (a) ANNUAL LEASING.—Section 4(b) of the              Interior required for mining activities to
                                               paragraph (1) shall include all documents               Geothermal Steam Act of 1970 (30 U.S.C.                commence.
                                               and communications submitted to the Sec-                1003(b)) is amended—                                   SEC. 340B. FUTURE COAL LEASING.
                                               retary of the Interior by members of the pub-             (1) in paragraph (2), by striking ‘‘2 years’’          Notwithstanding any judicial decision to
                                               lic in response to any public meeting or                and inserting ‘‘year’’;                                the contrary or a departmental review of the
                                               forum relating to the comprehensive review                (2) by redesignating paragraphs (3) and (4)          Federal coal leasing program, Secretarial
                                               described in that paragraph.                            as paragraphs (5) and (6), respectively; and           Order 3338, issued by the Secretary of the In-
                                               SEC. 338. OFFSHORE OIL AND GAS LEASING.                   (3) after paragraph (2), by inserting the fol-       terior on January 15, 2016, shall have no force
                                                 (a) IN GENERAL.—The Secretary shall con-              lowing:                                                or effect.
                                               duct all lease sales described in the 2017–2022           ‘‘(3) REPLACEMENT SALES.—If a lease sale             SEC. 340C. STAFF PLANNING REPORT.
                                               Outer Continental Shelf Oil and Gas Leasing             under paragraph (1) for a year is canceled or            The Secretary of the Interior and the Sec-
                                               Proposed Final Program (November 2016)                  delayed, the Secretary of the Interior shall           retary of Agriculture shall each annually
                                               that have not been conducted as of the date             conduct a replacement sale during the same             submit to the Committee on Natural Re-
                                               of the enactment of this Act by not later               year.                                                  sources of the House of Representatives and
                                               than September 30, 2023.                                  ‘‘(4) REQUIREMENT.—In conducting a lease             the Committee on Energy and Natural Re-
                                                 (b) GULF OF MEXICO REGION ANNUAL LEASE                sale under paragraph (2) in a State described          sources of the Senate a report on the staffing
                                               SALES.—Notwithstanding any other provi-                 in that paragraph, the Secretary of the Inte-          capacity of each respective agency with re-
                                               sion of law, and except within areas subject            rior shall offer all nominated parcels eligible        spect to issuing oil, gas, hardrock mining,
                                               to existing oil and gas leasing moratoria be-           for geothermal development and utilization             coal, and renewable energy leases, rights-of-
                                               ginning in fiscal year 2023, the Secretary of           under the resource management plan in ef-              way, claims, easements, and permits. Each
                                               the Interior shall annually conduct a min-              fect for the State.’’.                                 such report shall include—
                                               imum of 2 region-wide oil and gas lease sales             (b) DEADLINES FOR CONSIDERATION OF GEO-                (1) the number of staff assigned to process
                                               in the following planning areas of the Gulf of          THERMAL DRILLING PERMITS.—Section 4 of                 and issue oil, gas, hardrock mining, coal, and
                                               Mexico region, as described in the 2017–2022            the Geothermal Steam Act of 1970 (30 U.S.C.            renewable energy leases, rights-of-way,
                                               Outer Continental Shelf Oil and Gas Leasing             1003) is amended by adding at the end the fol-         claims, easements, and permits;
                                               Proposed Final Program (November 2016):                 lowing:                                                  (2) a description of how many staff are
                                                 (1) The Central Gulf of Mexico Planning                 ‘‘(h) DEADLINES FOR CONSIDERATION OF GEO-            needed to meet statutory requirements for
                                               Area.                                                   THERMAL DRILLING PERMITS.—                             such oil, gas, hardrock mining, coal, and re-
                                                 (2) The Western Gulf of Mexico Planning                 ‘‘(1) NOTICE.—Not later than 30 days after           newable energy leases, rights-of-way, claims,
                                               Area.                                                   the date on which the Secretary receives an            easements, and permits; and
                                                 (c) ALASKA REGION ANNUAL LEASE SALES.—                application for any geothermal drilling per-             (3) how, as applicable, the Department of
                                               Notwithstanding any other provision of law,             mit, the Secretary shall—                              the Interior or the Department of Agri-
                                               beginning in fiscal year 2023, the Secretary              ‘‘(A) provide written notice to the appli-           culture plans to address technological needs
                                               of the Interior shall annually conduct a min-           cant that the application is complete; or              and staffing shortfalls and turnover to en-
                                               imum of 2 region-wide oil and gas lease sales             ‘‘(B) notify the applicant that information          sure adequate staffing to process and issue
                                               in the Alaska region of the Outer Conti-                is missing and specify any information that            such oil, gas, hardrock mining, coal, and re-
                                               nental Shelf, as described in the 2017–2022             is required to be submitted for the applica-           newable energy leases, rights-of-way, claims,
                                               Outer Continental Shelf Oil and Gas Leasing             tion to be complete.                                   easements, and permits.
                                               Proposed Final Program (November 2016).                   ‘‘(2) ISSUANCE OF DECISION.—If the Sec-              SEC.   340D.    PROHIBITION ON CHINESE COM-
                                                 (d) REQUIREMENTS.—In conducting lease                 retary determines that an application for a                           MUNIST PARTY OWNERSHIP INTER-
                                               sales under subsections (b) and (c), the Sec-           geothermal drilling permit is complete under                          EST.
                                               retary of the Interior shall—                           paragraph (1)(A), the Secretary shall issue a            Notwithstanding any other provision of
                                                 (1) issue such leases in accordance with the          final decision on the application not later            law, the Communist Party of China (or a per-
                                               Outer Continental Shelf Lands Act (43 U.S.C.            than 30 days after the Secretary notifies the          son acting on behalf of the Community
                                               1332 et seq.); and                                      applicant that the application is complete.’’.         Party of China), any entity subject to the ju-
                                                 (2) include in each such lease sale all un-           SEC. 340A. LEASING FOR CERTAIN QUALIFIED               risdiction of the Government of the People’s
                                               leased areas that are not subject to a mora-                       COAL APPLICATIONS.                          Republic of China, or any entity that is
                                               torium as of the date of the lease sale.                  (a) DEFINITIONS.—In this section:                    owned by the Government of the People’s
                                               SEC. 339. FIVE-YEAR PLAN FOR OFFSHORE OIL                 (1) COAL LEASE.—The term ‘‘coal lease’’              Republic of China, may not acquire any in-




SSpencer on DSK126QN23PROD with SENATE
                                                           AND GAS LEASING.                            means a lease entered into by the United               terest with respect to lands leased for oil or
                                                 Section 18 of the Outer Continental Shelf             States as lessor, through the Bureau of Land           gas under the Mineral Leasing Act (30 U.S.C.
                                               Lands Act (43 U.S.C. 1344) is amended—                  Management, and the applicant on Bureau of             181 et seq.) or the Outer Continental Shelf
                                                 (1) in subsection (a)—                                Land Management Form 3400–012.                         Lands Act (43 U.S.C. 1331 et seq.) or Amer-
                                                 (A) by striking ‘‘subsections (c) and (d) of             (2) QUALIFIED APPLICATION.—The term                 ican farmland or any lands used for Amer-
                                               this section, shall prepare and periodically            ‘‘qualified application’’ means any applica-           ican renewable energy production, or acquire
                                               revise,’’ and inserting ‘‘this section, shall           tion pending under the lease by application            claims subject to the General Mining Law of
                                               issue every five years’’;                               program administered by the Bureau of Land             1872.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00087   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1944                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                               SEC. 340E. EFFECT ON OTHER LAW.                         amount or value of the production removed              owned by the United States within the sev-
                                                 Nothing in this title, or any amendments              or sold from the lease.                                eral States and administered by the Sec-
                                               made by this title, shall affect—                       SEC. 340I. OFFSHORE WIND ENVIRONMENTAL RE-             retary of the Interior or the Secretary of Ag-
                                                 (1) the Presidential memorandum titled                             VIEW PROCESS STUDY.                       riculture without regard to how the United
                                               ‘‘Memorandum on Withdrawal of Certain                     (a) IN GENERAL.—Not later than 60 days               States acquired ownership, except—
                                               Areas of the United States Outer Conti-                 after the date of the enactment of this sec-              (A) lands located on the Outer Continental
                                               nental Shelf From Leasing Disposition’’ and             tion, the Comptroller General shall conduct            Shelf; and
                                               dated September 8, 2020;                                a study to assess the sufficiency of the envi-            (B) lands held in trust by the United States
                                                 (2) the Presidential memorandum titled                ronmental review processes for offshore wind           for the benefit of Indians, Indian Tribes,
                                               ‘‘Memorandum on Withdrawal of Certain                   projects in place as of the date of the enact-         Aleuts, and Eskimos.
                                               Areas of the United States Outer Conti-                 ment of this section of the National Marine               (4) RIGHT-OF-WAY.—The term ‘‘right-of-
                                               nental Shelf From Leasing Disposition’’ and             Fisheries Service, the Bureau of Ocean En-             way’’ means—
                                               dated September 25, 2020;                               ergy Management, and any other relevant                   (A) a right-of-way issued, granted, or re-
                                                 (3) the Presidential memorandum titled                Federal agency.                                        newed under section 501 of the Federal Land
                                               ‘‘Memorandum on Withdrawal of Certain                     (b) CONTENTS.—The study required under               Policy and Management Act of 1976 (43
                                               Areas off the Atlantic Coast on the Outer               subsection (a) shall include consideration of          U.S.C. 1761); or
                                               Continental Shelf From Leasing Disposi-                 the following:                                            (B) a right-of-way granted under section 28
                                               tion’’ and dated December 20, 2016; or                    (1) The impacts of offshore wind projects            of the Mineral Leasing Act (30 U.S.C. 185).
                                                 (4) the ban on oil and gas development in             on—                                                       (5) SECRETARY CONCERNED.—The term ‘‘Sec-
                                               the Great Lakes described in section 386 of               (A) whales, finfish, and other marine mam-           retary concerned’’ means—
                                               the Energy Policy Act of 2005 (42 U.S.C.                mals;                                                     (A) with respect to public lands, the Sec-
                                               15941).                                                   (B) benthic resources;                               retary of the Interior; and
                                               SEC. 340F. REQUIREMENT FOR GAO REPORT ON                  (C) commercial and recreational fishing;                (B) with respect to National Forest System
                                                           WIND ENERGY IMPACTS.                          (D) air quality;                                     lands, the Secretary of Agriculture.
                                                 The Secretary of the Interior shall not                 (E) cultural, historical, and archaeological            (6) LAND USE PLAN.—The term ‘‘land use
                                                                                                       resources;                                             plan’’ means—
                                               publish a notice for a wind lease sale or hold
                                                                                                         (F) invertebrates;                                      (A) a land and resource management plan
                                               a lease sale for wind energy development in
                                                                                                         (G) essential fish habitat;                          prepared by the Forest Service for a unit of
                                               the Eastern Gulf of Mexico Planning Area,
                                                                                                         (H) military use and navigation and vessel           the National Forest System pursuant to sec-
                                               the South Atlantic Planning Area, or the
                                                                                                       traffic;                                               tion 6 of the Forest and Rangeland Renew-
                                               Straits of Florida Planning Area (as de-
                                                                                                         (I) recreation and tourism; and                      able Resources Planning Act of 1974 (16
                                               scribed in the 2017–2022 Outer Continental
                                                                                                         (J) the sustainability of shoreline beaches          U.S.C. 1604);
                                               Shelf Oil and Gas Leasing Proposed Final
                                                                                                       and inlets.                                               (B) a Land Management Plan developed by
                                               Program (November 2016)) until the Comp-
                                                                                                         (2) The impacts of hurricanes and other se-          the Bureau of Land Management under the
                                               troller General of the United States pub-
                                                                                                       vere weather on offshore wind projects.                Federal Land Policy and Management Act of
                                               lishes a report on all potential adverse ef-                                                                   1976 (43 U.S.C. 1701 et seq.); or
                                               fects of wind energy development in such                  (3) How the agencies described in sub-
                                                                                                       section (a) determine which stakeholders are              (C) a comprehensive conservation plan de-
                                               areas, including associated infrastructure                                                                     veloped by the United States Fish and Wild-
                                               and vessel traffic, on—                                 consulted and if a timely, comprehensive
                                                                                                       comment period is provided for local rep-              life Service under section 4(e)(1)(A) of the
                                                 (1) military readiness and training activi-                                                                  National Wildlife Refuge System Adminis-
                                               ties in the Planning Areas described in this            resentatives and other interested parties.
                                                                                                         (4) The estimated cost and who pays for              tration Act of 1966 (16 U.S.C. 668dd(e)(1)(A)).
                                               section, including activities within or re-                                                                    SEC. 342. BUILDER ACT.
                                               lated to the Eglin Test and Training Com-               offshore wind projects.
                                                                                                       SEC. 340J. GAO REPORT ON WIND ENERGY IM-
                                                                                                                                                                (a) PARAGRAPH (2) OF SECTION 102.—Section
                                               plex and the Jacksonville Range Complex;                                                                       102(2) of the National Environmental Policy
                                                 (2) marine environment and ecology, in-                           PACTS.
                                                                                                         The Comptroller General of the United                Act of 1969 (42 U.S.C. 4332(2)) is amended—
                                               cluding species listed as endangered or                                                                          (1) in subparagraph (A), by striking ‘‘in-
                                               threatened under the Endangered Species                 States shall publish a report on all potential
                                                                                                       adverse effects of wind energy development             sure’’ and inserting ‘‘ensure’’;
                                               Act of 1973 (16 U.S.C. 1531 et seq.) or des-                                                                     (2) in subparagraph (B), by striking ‘‘in-
                                               ignated as depleted under the Marine Mam-               in the North Atlantic Planning Area (as de-
                                                                                                       scribed in the 2017–2022 Outer Continental             sure’’ and inserting ‘‘ensure’’;
                                               mal Protection Act of 1972 (16 U.S.C. 1361 et                                                                    (3) in subparagraph (C)—
                                               seq.) in the Planning Areas described in this           Shelf Oil and Gas Leasing Proposed Final
                                                                                                       Program (November 2016)), including associ-              (A) by inserting ‘‘consistent with the pro-
                                               section; and                                                                                                   visions of this Act and except as provided by
                                                 (3) tourism, including the economic im-               ated infrastructure and vessel traffic, on—
                                                                                                                                                              other provisions of law,’’ before ‘‘include in
                                               pacts that a decrease in tourism may have                 (1) maritime safety, including the oper-
                                                                                                                                                              every’’;
                                               on the communities adjacent to the Plan-                ation of radar systems;
                                                                                                                                                                (B) by striking clauses (i) through (v) and
                                               ning Areas described in this section.                     (2) economic impacts related to commer-
                                                                                                                                                              inserting the following:
                                               SEC. 340G. SENSE OF CONGRESS ON WIND EN-
                                                                                                       cial fishing activities; and
                                                                                                                                                                ‘‘(i) reasonably foreseeable environmental
                                                           ERGY   DEVELOPMENT    SUPPLY                  (3) marine environment and ecology, in-
                                                                                                                                                              effects with a reasonably close causal rela-
                                                           CHAIN.                                      cluding species listed as endangered or
                                                                                                                                                              tionship to the proposed agency action;
                                                 It is the sense of Congress that—                     threatened under the Endangered Species
                                                                                                                                                                ‘‘(ii) any reasonably foreseeable adverse
                                                 (1) wind energy development on Federal                Act of 1973 (16 U.S.C. 1531 et seq.) or des-
                                                                                                                                                              environmental effects which cannot be
                                               lands and waters is a burgeoning industry in            ignated as depleted under the Marine Mam-              avoided should the proposal be implemented;
                                               the United States;                                      mal Protection Act of 1972 (16 U.S.C. 1361 et            ‘‘(iii) a reasonable number of alternatives
                                                 (2) major components of wind infrastruc-              seq.) in the North Atlantic Planning Area.             to the proposed agency action, including an
                                               ture, including turbines, are imported in                    Subtitle B—Permitting Streamlining                analysis of any negative environmental im-
                                               large quantities from other countries includ-           SEC. 341. DEFINITIONS.                                 pacts of not implementing the proposed
                                               ing countries that are national security                   In this subtitle:                                   agency action in the case of a no action al-
                                               threats, such as the Government of the Peo-                (1) ENERGY FACILITY.—The term ‘‘energy              ternative, that are technically and economi-
                                               ple’s Republic of China;                                facility’’ means a facility the primary pur-           cally feasible, are within the jurisdiction of
                                                 (3) it is in the best interest of the United          pose of which is the exploration for, or the           the agency, meet the purpose and need of the
                                               States to foster and support domestic supply            development, production, conversion, gath-             proposal, and, where applicable, meet the
                                               chains across sectors to promote American               ering, storage, transfer, processing, or trans-        goals of the applicant;
                                               energy independence;                                    portation of, any energy resource.                       ‘‘(iv) the relationship between local short-
                                                 (4) the economic and manufacturing oppor-                (2) ENERGY STORAGE DEVICE.—The term                 term uses of man’s environment and the
                                               tunities presented by wind turbine construc-            ‘‘energy storage device’’—                             maintenance and enhancement of long-term
                                               tion and component manufacturing should                    (A) means any equipment that stores en-             productivity; and
                                               be met by American workers and materials                ergy, including electricity, compressed air,             ‘‘(v) any irreversible and irretrievable com-
                                               that are sourced domestically to the greatest           pumped water, heat, and hydrogen, which                mitments of Federal resources which would
                                               extent practicable; and                                 may be converted into, or used to produce,             be involved in the proposed agency action
                                                 (5) infrastructure for wind energy develop-           electricity; and                                       should it be implemented.’’; and




SSpencer on DSK126QN23PROD with SENATE
                                               ment in the United States should be con-                   (B) includes a battery, regenerative fuel             (C) by striking ‘‘the responsible Federal of-
                                               structed with materials produced and manu-              cell, flywheel, capacitor, superconducting             ficial’’ and inserting ‘‘the head of the lead
                                               factured in the United States.                          magnet, and any other equipment the Sec-               agency’’;
                                               SEC. 340H. SENSE OF CONGRESS ON OIL AND GAS             retary concerned determines may be used to               (4) in subparagraph (D), by striking ‘‘Any’’
                                                           ROYALTY RATES.                              store energy which may be converted into, or           and inserting ‘‘any’’;
                                                 It is the sense of Congress that the royalty          used to produce, electricity.                            (5) by redesignating subparagraphs (D)
                                               rate for onshore Federal oil and gas leases                (3) PUBLIC LANDS.—The term ‘‘public                 through (I) as subparagraphs (F) through (K),
                                               should be not more than 12.5 percent in                 lands’’ means any land and interest in land            respectively;




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00088   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                      S1945
                                                 (6) by inserting after subparagraph (C) the           shall determine, by letter or memorandum,                 ‘‘(i) a precise description of the nature and
                                               following:                                              which agency shall be the lead agency based            extent of the proposed agency action; and
                                                 ‘‘(D) ensure the professional integrity, in-          on consideration of the following factors:                ‘‘(ii) a detailed statement with respect to
                                               cluding scientific integrity, of the discussion           ‘‘(i) Magnitude of agency’s involvement.             each involved Federal agency and each fac-
                                               and analysis in an environmental document;                ‘‘(ii) Project approval or disapproval au-           tor listed in paragraph (1) regarding which
                                                 ‘‘(E) make use of reliable existing data and          thority.                                               agency should serve as lead agency.
                                               resources in carrying out this Act;’’;                    ‘‘(iii) Expertise concerning the action’s en-           ‘‘(B) TRANSMISSION.—The Council shall
                                                 (7) by amending subparagraph (G), as re-              vironmental effects.                                   transmit a request received under subpara-
                                               designated, to read as follows:                           ‘‘(iv) Duration of agency’s involvement.             graph (A) to each involved Federal agency.
                                                 ‘‘(G) consistent with the provisions of this            ‘‘(v) Sequence of agency’s involvement.                 ‘‘(C) RESPONSE.—An involved Federal agen-
                                               Act, study, develop, and describe technically             ‘‘(B) JOINT LEAD AGENCIES.—In making a               cy may, not later than 20 days after the date
                                               and economically feasible alternatives with-            determination under subparagraph (A), the              of the submission of a request under subpara-
                                               in the jurisdiction and authority of the agen-          involved Federal agencies may, in addition             graph (A), submit to the Council a response
                                               cy;’’; and                                              to a Federal agency, appoint such Federal,             to such request.
                                                 (8) in subparagraph (H), as amended, by in-           State, Tribal, or local agencies as joint lead            ‘‘(D) DESIGNATION.—Not later than 40 days
                                               serting ‘‘consistent with the provisions of             agencies as the involved Federal agencies              after the date of the submission of a request
                                               this Act,’’ before ‘‘recognize’’.                       shall determine appropriate. Joint lead agen-          under subparagraph (A), the Council shall
                                                 (b) NEW SECTIONS.—Title I of the National             cies shall jointly fulfill the role described in       designate the lead agency with respect to the
                                               Environmental Policy Act of 1969 (42 U.S.C.             paragraph (2).                                         relevant proposed agency action.
                                               4321 et seq.) is amended by adding at the end             ‘‘(C) MINERAL PROJECTS.—This paragraph                  ‘‘(b) ONE DOCUMENT.—
                                               the following:                                          shall not apply with respect to a mineral ex-             ‘‘(1) DOCUMENT.—To the extent practicable,
                                               ‘‘SEC. 106. PROCEDURE FOR DETERMINATION OF              ploration or mine permit.                              if there are 2 or more involved Federal agen-
                                                            LEVEL OF REVIEW.                             ‘‘(2) ROLE.—A lead agency shall, with re-            cies with respect to a proposed agency action
                                                  ‘‘(a)   THRESHOLD    DETERMINATIONS.—An              spect to a proposed agency action—                     and the lead agency has determined that an
                                               agency is not required to prepare an environ-             ‘‘(A) supervise the preparation of an envi-          environmental document is required, such
                                               mental document with respect to a proposed              ronmental document if, with respect to such            requirement shall be deemed satisfied with
                                               agency action if—                                       proposed agency action, there is more than             respect to all involved Federal agencies if
                                                  ‘‘(1) the proposed agency action is not a            one involved Federal agency;                           the lead agency issues such an environ-
                                               final agency action within the meaning of                 ‘‘(B) request the participation of each co-          mental document.
                                               such term in chapter 5 of title 5, United               operating agency at the earliest practicable              ‘‘(2) CONSIDERATION TIMING.—In developing
                                               States Code;                                            time;                                                  an environmental document for a proposed
                                                  ‘‘(2) the proposed agency action is covered            ‘‘(C) in preparing an environmental docu-            agency action, no involved Federal agency
                                               by a categorical exclusion established by the           ment, give consideration to any analysis or            shall be required to consider any information
                                               agency, another Federal agency, or another              proposal created by a cooperating agency               that becomes available after the sooner of,
                                               provision of law;                                       with jurisdiction by law or a cooperating              as applicable—
                                                  ‘‘(3) the preparation of such document               agency with special expertise;                            ‘‘(A) receipt of a complete application with
                                               would clearly and fundamentally conflict                  ‘‘(D) develop a schedule, in consultation            respect to such proposed agency action; or
                                               with the requirements of another provision              with each involved cooperating agency, the                ‘‘(B) publication of a notice of intent or de-
                                               of law;                                                 applicant, and such other entities as the lead         cision to prepare an environmental impact
                                                  ‘‘(4) the proposed agency action is, in              agency determines appropriate, for comple-             statement for such proposed agency action.
                                               whole or in part, a nondiscretionary action             tion of any environmental review, permit, or              ‘‘(3) SCOPE OF REVIEW.—In developing an
                                               with respect to which such agency does not              authorization required to carry out the pro-           environmental document for a proposed
                                               have authority to take environmental fac-               posed agency action;                                   agency action, the lead agency and any other
                                               tors into consideration in determining                    ‘‘(E) if the lead agency determines that a           involved Federal agencies shall only consider
                                               whether to take the proposed action;                    review, permit, or authorization will not be           the effects of the proposed agency action
                                                  ‘‘(5) the proposed agency action is a rule-          completed in accordance with the schedule              that—
                                               making that is subject to section 553 of title          developed under subparagraph (D), notify the              ‘‘(A) occur on Federal land; or
                                               5, United States Code; or                               agency responsible for issuing such review,               ‘‘(B) are subject to Federal control and re-
                                                  ‘‘(6) the proposed agency action is an ac-           permit, or authorization of the discrepancy            sponsibility.
                                               tion for which such agency’s compliance                                                                           ‘‘(c) REQUEST FOR PUBLIC COMMENT.—Each
                                                                                                       and request that such agency take such
                                               with another statute’s requirements serve                                                                      notice of intent to prepare an environmental
                                                                                                       measures as such agency determines appro-
                                               the same or similar function as the require-                                                                   impact statement under section 102 shall in-
                                                                                                       priate to comply with such schedule; and
                                               ments of this Act with respect to such ac-                                                                     clude a request for public comment on alter-
                                                                                                         ‘‘(F) meet with a cooperating agency that
                                               tion.                                                                                                          natives or impacts and on relevant informa-
                                                                                                       requests such a meeting.
                                                  ‘‘(b) LEVELS OF REVIEW.—                                                                                    tion, studies, or analyses with respect to the
                                                                                                         ‘‘(3) COOPERATING AGENCY.—The lead agen-
                                                  ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.—                                                                      proposed agency action.
                                                                                                       cy may, with respect to a proposed agency                 ‘‘(d) STATEMENT OF PURPOSE AND NEED.—
                                               An agency shall issue an environmental im-              action, designate any involved Federal agen-           Each environmental impact statement shall
                                               pact statement with respect to a proposed               cy or a State, Tribal, or local agency as a co-        include a statement of purpose and need that
                                               agency action that has a significant effect on          operating agency. A cooperating agency                 briefly summarizes the underlying purpose
                                               the quality of the human environment.                   may, not later than a date specified by the            and need for the proposed agency action.
                                                  ‘‘(2)   ENVIRONMENTAL      ASSESSMENT.—An            lead agency, submit comments to the lead                  ‘‘(e) ESTIMATED TOTAL COST.—The cover
                                               agency shall prepare an environmental as-               agency. Such comments shall be limited to              sheet for each environmental impact state-
                                               sessment with respect to a proposed agency              matters relating to the proposed agency ac-            ment shall include a statement of the esti-
                                               action that is not likely to have a significant         tion with respect to which such agency has             mated total cost of preparing such environ-
                                               effect on the quality of the human environ-             special expertise or jurisdiction by law with          mental impact statement, including the
                                               ment, or if the significance of such effect is          respect to an environmental issue.                     costs of agency full-time equivalent per-
                                               unknown, unless the agency finds that a cat-              ‘‘(4) REQUEST FOR DESIGNATION.—Any Fed-              sonnel hours, contractor costs, and other di-
                                               egorical exclusion established by the agency,           eral, State, Tribal, or local agency or person         rect costs.
                                               another Federal agency, or another provision            that is substantially affected by the lack of             ‘‘(f) PAGE LIMITS.—
                                               of law applies. Such environmental assess-              a designation of a lead agency with respect               ‘‘(1) ENVIRONMENTAL IMPACT STATEMENTS.—
                                               ment shall be a concise public document pre-            to a proposed agency action under paragraph               ‘‘(A) IN GENERAL.—Except as provided in
                                               pared by a Federal agency to set forth the              (1) may submit a written request for such a            subparagraph (B), an environmental impact
                                               basis of such agency’s finding of no signifi-           designation to an involved Federal agency.             statement shall not exceed 150 pages, not in-
                                               cant impact.                                            An agency that receives a request under this           cluding any citations or appendices.
                                                  ‘‘(3) SOURCES OF INFORMATION.—In making              paragraph shall transmit such request to                  ‘‘(B) EXTRAORDINARY COMPLEXITY.—An en-
                                               a determination under this subsection, an               each involved Federal agency and to the                vironmental impact statement for a pro-
                                               agency—                                                 Council.                                               posed agency action of extraordinary com-
                                                  ‘‘(A) may make use of any reliable data                ‘‘(5) COUNCIL DESIGNATION.—                          plexity shall not exceed 300 pages, not in-
                                               source; and                                               ‘‘(A) REQUEST.—Not earlier than 45 days              cluding any citations or appendices.




SSpencer on DSK126QN23PROD with SENATE
                                                  ‘‘(B) is not required to undertake new sci-          after the date on which a request is sub-                 ‘‘(2) ENVIRONMENTAL ASSESSMENTS.—An en-
                                               entific or technical research.                          mitted under paragraph (4), if no designation          vironmental assessment shall not exceed 75
                                               ‘‘SEC. 107. TIMELY AND UNIFIED FEDERAL RE-              has been made under paragraph (1), a Fed-              pages, not including any citations or appen-
                                                            VIEWS.                                     eral, State, Tribal, or local agency or person         dices.
                                                  ‘‘(a) LEAD AGENCY.—                                  that is substantially affected by the lack of             ‘‘(g) SPONSOR PREPARATION.—A lead agency
                                                  ‘‘(1) DESIGNATION.—                                  a designation of a lead agency may request             shall allow a project sponsor to prepare an
                                                  ‘‘(A) IN GENERAL.—If there are two or more           that the Council designate a lead agency.              environmental assessment or an environ-
                                               involved Federal agencies, such agencies                Such request shall consist of—                         mental impact statement upon request of




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00089   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1946                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               the project sponsor. Such agency may pro-                 ‘‘(i) such lead agency notified the applicant        right of judicial review or place any limit on
                                               vide such sponsor with appropriate guidance             that the application to establish a right-of-          filing a claim with respect to the violation of
                                               and assist in the preparation. The lead agen-           way for the major Federal action is com-               the terms of a permit, license, or approval.
                                               cy shall independently evaluate the environ-            plete;                                                    ‘‘(e) REMAND.—Notwithstanding any other
                                               mental document and shall take responsi-                  ‘‘(ii) such lead agency began the scoping            provision of law, no proposed agency action
                                               bility for the contents upon adoption.                  for the major Federal action; or                       for which an environmental document is re-
                                                 ‘‘(h) DEADLINES.—                                       ‘‘(iii) such lead agency issued a notice of          quired shall be vacated or otherwise limited,
                                                 ‘‘(1) IN GENERAL.—Except as provided in               intent to prepare the environmental assess-            delayed, or enjoined unless a court concludes
                                               paragraph (2), with respect to a proposed               ment or environmental impact statement for             allowing such proposed action will pose a
                                               agency action, a lead agency shall complete,            the major Federal action; and                          risk of an imminent and substantial environ-
                                               as applicable—                                            ‘‘(C) when such environmental assessment             mental harm and there is no other equitable
                                                 ‘‘(A) the environmental impact statement              and environmental impact statement is ex-              remedy available as a matter of law.
                                               not later than the date that is 2 years after           pected to be complete.                                 ‘‘SEC. 109. DEFINITIONS.
                                               the sooner of, as applicable—                           ‘‘SEC. 108. JUDICIAL REVIEW.                             ‘‘In this title:
                                                 ‘‘(i) the date on which such agency deter-               ‘‘(a) LIMITATIONS ON CLAIMS.—Notwith-                 ‘‘(1) CATEGORICAL EXCLUSION.—The term
                                               mines that section 102(2)(C) requires the               standing any other provision of law, a claim           ‘categorical exclusion’ means a category of
                                               issuance of an environmental impact state-              arising under Federal law seeking judicial             actions that a Federal agency has deter-
                                               ment with respect to such action;                       review of compliance with this Act, of a de-           mined normally does not significantly affect
                                                 ‘‘(ii) the date on which such agency noti-            termination made under this Act, or of Fed-            the quality of the human environment with-
                                               fies the applicant that the application to es-          eral action resulting from a determination             in the meaning of section 102(2)(C).
                                               tablish a right-of-way for such action is com-          made under this Act, shall be barred unless—             ‘‘(2) COOPERATING AGENCY.—The term ‘co-
                                               plete; and                                                ‘‘(1) in the case of a claim pertaining to a         operating agency’ means any Federal, State,
                                                 ‘‘(iii) the date on which such agency issues          proposed agency action for which—                      Tribal, or local agency that has been des-
                                               a notice of intent to prepare the environ-                ‘‘(A) an environmental document was pre-             ignated as a cooperating agency under sec-
                                               mental impact statement for such action;                pared and an opportunity for comment was               tion 107(a)(3).
                                               and                                                     provided;                                                ‘‘(3) COUNCIL.—The term ‘Council’ means
                                                 ‘‘(B) the environmental assessment not                  ‘‘(B) the claim is filed by a party that par-        the Council on Environmental Quality estab-
                                               later than the date that is 1 year after the            ticipated in the administrative proceedings            lished in title II.
                                               sooner of, as applicable—                               regarding such environmental document; and               ‘‘(4) ENVIRONMENTAL ASSESSMENT.—The
                                                 ‘‘(i) the date on which such agency deter-              ‘‘(C) the claim—                                     term ‘environmental assessment’ means an
                                               mines that section 106(b)(2) requires the                 ‘‘(i) is filed by a party that submitted a           environmental assessment prepared under
                                               preparation of an environmental assessment              comment during the public comment period               section 106(b)(2).
                                               with respect to such action;                            for such administrative proceedings and such             ‘‘(5) ENVIRONMENTAL DOCUMENT.—The term
                                                 ‘‘(ii) the date on which such agency noti-            comment was sufficiently detailed to put the           ‘environmental document’ means an envi-
                                               fies the applicant that the application to es-          lead agency on notice of the issue upon                ronmental impact statement, an environ-
                                               tablish a right-of-way for such action is com-          which the party seeks judicial review; and             mental assessment, or a finding of no signifi-
                                               plete; and                                                ‘‘(ii) is related to such comment;                   cant impact.
                                                 ‘‘(iii) the date on which such agency issues            ‘‘(2) except as provided in subsection (b),            ‘‘(6) ENVIRONMENTAL IMPACT STATEMENT.—
                                               a notice of intent to prepare the environ-              such claim is filed not later than 120 days            The term ‘environmental impact statement’
                                               mental assessment for such action.                      after the date of publication of a notice in           means a detailed written statement that is
                                                 ‘‘(2) DELAY.—A lead agency that deter-                the Federal Register of agency intent to               required by section 102(2)(C).
                                               mines it is not able to meet the deadline de-           carry out the proposed agency action;                    ‘‘(7) FINDING OF NO SIGNIFICANT IMPACT.—
                                               scribed in paragraph (1) may extend such                  ‘‘(3) such claim is filed after the issuance of      The term ‘finding of no significant impact’
                                               deadline with the approval of the applicant.            a record of decision or other final agency ac-         means a determination by a Federal agency
                                               If the applicant approves such an extension,            tion with respect to the relevant proposed             that a proposed agency action does not re-
                                               the lead agency shall establish a new dead-             agency action;                                         quire the issuance of an environmental im-
                                               line that provides only so much additional                ‘‘(4) such claim does not challenge the es-          pact statement.
                                               time as is necessary to complete such envi-             tablishment or use of a categorical exclusion            ‘‘(8) INVOLVED FEDERAL AGENCY.—The term
                                               ronmental impact statement or environ-                  under section 102; and                                 ‘involved Federal agency’ means an agency
                                               mental assessment.                                        ‘‘(5) such claim concerns—                           that, with respect to a proposed agency ac-
                                                 ‘‘(3) EXPENDITURES FOR DELAY.—If a lead                 ‘‘(A) an alternative included in the envi-           tion—
                                               agency is unable to meet the deadline de-               ronmental document; or                                   ‘‘(A) proposed such action; or
                                               scribed in paragraph (1) or extended under                ‘‘(B) an environmental effect considered in            ‘‘(B) is involved in such action because
                                               paragraph (2), the lead agency must pay $100            the environmental document.                            such action is directly related, through func-
                                               per day, to the extent funding is provided in             ‘‘(b) SUPPLEMENTAL ENVIRONMENTAL IM-                 tional interdependence or geographic prox-
                                               advance in an appropriations Act, out of the            PACT STATEMENT.—                                       imity, to an action such agency has taken or
                                               office of the head of the department of the               ‘‘(1) SEPARATE FINAL AGENCY ACTION.—The              has proposed to take.
                                               lead agency to the applicant starting on the            issuance of a Federal action resulting from a            ‘‘(9) LEAD AGENCY.—
                                               first day immediately following the deadline            final supplemental environmental impact                  ‘‘(A) IN GENERAL.—Except as provided in
                                               described in paragraph (1) or extended under            statement shall be considered a final agency           subparagraph (B), the term ‘lead agency’
                                               paragraph (2) up until the date that an appli-          action for the purposes of chapter 5 of title          means, with respect to a proposed agency ac-
                                               cant approves a new deadline. This para-                5, United States Code, separate from the               tion—
                                               graph does not apply when the lead agency               issuance of any previous environmental im-               ‘‘(i) the agency that proposed such action;
                                               misses a deadline solely due to delays caused           pact statement with respect to the same pro-           or
                                               by litigation.                                          posed agency action.                                     ‘‘(ii) if there are 2 or more involved Federal
                                                 ‘‘(i) REPORT.—                                          ‘‘(2) DEADLINE FOR FILING A CLAIM.—A                 agencies with respect to such action, the
                                                 ‘‘(1) IN GENERAL.—The head of each lead               claim seeking judicial review of a Federal             agency designated under section 107(a)(1).
                                               agency shall annually submit to the Com-                action resulting from a final supplemental               ‘‘(B) SPECIFICATION FOR MINERAL EXPLO-
                                               mittee on Natural Resources of the House of             environmental review issued under section              RATION OR MINE PERMITS.—With respect to a
                                               Representatives and the Committee on Envi-              102(2)(C) shall be barred unless—                      proposed mineral exploration or mine per-
                                               ronment and Public Works of the Senate a                  ‘‘(A) such claim is filed within 120 days of         mit, the term ‘lead agency’ has the meaning
                                               report that—                                            the date on which a notice of the Federal              given such term in section 40206(a) of the In-
                                                 ‘‘(A) identifies any environmental assess-            agency action resulting from a final supple-           frastructure Investment and Jobs Act.
                                               ment and environmental impact statement                 mental environmental impact statement is                 ‘‘(10) MAJOR FEDERAL ACTION.—
                                               that such lead agency did not complete by               issued; and                                              ‘‘(A) IN GENERAL.—The term ‘major Federal
                                               the deadline described in subsection (h); and             ‘‘(B) such claim is based on information             action’ means an action that the agency car-
                                                 ‘‘(B) provides an explanation for any fail-           contained in such supplemental environ-                rying out such action determines is subject
                                               ure to meet such deadline.                              mental impact statement that was not con-              to substantial Federal control and responsi-
                                                 ‘‘(2) INCLUSIONS.—Each report submitted               tained in a previous environmental docu-               bility.




SSpencer on DSK126QN23PROD with SENATE
                                               under paragraph (1) shall identify, as appli-           ment pertaining to the same proposed agen-               ‘‘(B) EXCLUSION.—The term ‘major Federal
                                               cable—                                                  cy action.                                             action’ does not include—
                                                 ‘‘(A) the office, bureau, division, unit, or            ‘‘(c) PROHIBITION ON INJUNCTIVE RELIEF.—               ‘‘(i) a non-Federal action—
                                               other entity within the Federal agency re-              Notwithstanding any other provision of law,              ‘‘(I) with no or minimal Federal funding;
                                               sponsible for each such environmental as-               a violation of this Act shall not constitute             ‘‘(II) with no or minimal Federal involve-
                                               sessment and environmental impact state-                the basis for injunctive relief.                       ment where a Federal agency cannot control
                                               ment;                                                     ‘‘(d) RULE OF CONSTRUCTION.—Nothing in               the outcome of the project; or
                                                 ‘‘(B) the date on which—                              this section shall be construed to create a              ‘‘(III) that does not include Federal land;




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00090   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1947
                                                 ‘‘(ii) funding assistance solely in the form            (4) adding a battery or other energy stor-           major Federal action, if such Secretary de-
                                               of general revenue sharing funds which do               age device to an existing or planned energy            termines that—
                                               not provide Federal agency compliance or                facility, if that storage resource is located            (1) the new proposed action is substantially
                                               enforcement responsibility over the subse-              within the physical footprint of the existing          the same as a previously analyzed proposed
                                               quent use of such funds;                                or planned energy facility;                            action or alternative analyzed in a previous
                                                 ‘‘(iii) loans, loan guarantees, or other                (5) drilling temperature gradient wells and          environmental assessment or environmental
                                               forms of financial assistance where a Federal           other geothermal exploratory wells, includ-            impact statement; and
                                               agency does not exercise sufficient control             ing construction or making improvements                  (2) the effects of the proposed action are
                                               and responsibility over the effect of the ac-           for such activities, where—                            substantially the same as the effects ana-
                                               tion;                                                     (A) the last cemented casing string is less          lyzed in such existing environmental assess-
                                                 ‘‘(iv) farm ownership and operating loan              than 12 inches in diameter; and                        ments or environmental impact statements.
                                               guarantees by the Farm Service Agency pur-                (B) the total unreclaimed surface disturb-           SEC. 347. DETERMINATION REGARDING RIGHTS-
                                               suant to sections 305 and 311 through 319 of            ance at any one time within the project area                       OF-WAY.
                                               the Consolidated Farmers Home Administra-               is less than 5 acres;                                    Not later than 60 days after the Secretary
                                               tion Act of 1961 (7 U.S.C. 1925 and 1941                  (6) any repair, maintenance, upgrade, opti-          concerned receives an application to grant a
                                               through 1949);                                          mization, or minor addition to existing                right-of-way, the Secretary concerned shall
                                                 ‘‘(v) business loan guarantees provided by            transmission and distribution infrastructure,          notify the applicant as to whether the appli-
                                               the Small Business Administration pursuant              including—                                             cation is complete or deficient. If the Sec-
                                               to section 7(a) or (b) and of the Small Busi-             (A) operation, maintenance, or repair of             retary concerned determines the application
                                               ness Act (15 U.S.C. 636(a)), or title V of the          power equipment and structures within ex-              is complete, the Secretary concerned may
                                               Small Business Investment Act of 1958 (15               isting substations, switching stations, trans-         not consider any other application to grant a
                                               U.S.C. 695 et seq.);                                    mission, and distribution lines;                       right-of-way on the same or any overlapping
                                                 ‘‘(vi) bringing judicial or administrative              (B) the addition, modification, retirement,          parcels of land while such application is
                                               civil or criminal enforcement actions; or               or replacement of breakers, transmission               pending.
                                                 ‘‘(vii) extraterritorial activities or deci-          towers, transformers, bushings, or relays;             SEC. 348. TERMS OF RIGHTS-OF-WAY.
                                               sions, which means agency activities or deci-             (C) the voltage uprating, modification,                (a) FIFTY-YEAR TERMS FOR RIGHTS-OF-
                                               sions with effects located entirely outside of          reconductoring with conventional or ad-                WAY.—
                                               the jurisdiction of the United States.                  vanced conductors, and clearance resolution              (1) IN GENERAL.—Any right-of-way for pipe-
                                                 ‘‘(C) ADDITIONAL EXCLUSIONS.—An agency                of transmission lines;                                 lines for the transportation or distribution
                                               action may not be determined to be a major                (D) activities to minimize fire risk, includ-        of oil or gas granted, issued, amended, or re-
                                               Federal action on the basis of—                         ing vegetation management, routine fire                newed under Federal law may be limited to
                                                 ‘‘(i) an interstate effect of the action or re-       mitigation, inspection, and maintenance ac-            a term of not more than 50 years before such
                                               lated project; or                                       tivities, and removal of hazard trees and              right-of-way is subject to renewal or amend-
                                                 ‘‘(ii) the provision of Federal funds for the         other hazard vegetation within or adjacent             ment.
                                               action or related project.                              to an existing right-of-way;                              (2) FEDERAL LAND POLICY AND MANAGEMENT
                                                 ‘‘(11) MINERAL EXPLORATION OR MINE PER-                 (E) improvements to or construction of               ACT OF 1976.—Section 501 of the Federal Land
                                               MIT.—The term ‘mineral exploration or mine              structure pads for such infrastructure; and            Policy and Management Act of 1976 (43
                                               permit’ has the meaning given such term in                (F) access and access route maintenance              U.S.C. 1761) is amended by adding at the end
                                               section 40206(a) of the Infrastructure Invest-          and repairs associated with any activity de-           the following:
                                               ment and Jobs Act.                                      scribed in subparagraph (A) through (E);                  ‘‘(e) Any right-of-way granted, issued,
                                                 ‘‘(12) PROPOSAL.—The term ‘proposal’                    (7) approval of and activities conducted in          amended, or renewed under subsection (a)(4)
                                               means a proposed action at a stage when an              accordance with operating plans or agree-              may be limited to a term of not more than
                                               agency has a goal, is actively preparing to             ments for transmission and distribution fa-            50 years before such right-of-way is subject
                                               make a decision on one or more alternative              cilities or under a special use authorization          to renewal or amendment.’’.
                                               means of accomplishing that goal, and can               for an electric transmission and distribution             (b) MINERAL LEASING ACT.—Section 28(n) of
                                               meaningfully evaluate its effects.                      facility right-of-way; and                             the Mineral Leasing Act (30 U.S.C. 185(n)) is
                                                 ‘‘(13) REASONABLY FORESEEABLE.—The term                 (8) construction, maintenance, realign-              amended by striking ‘‘thirty’’ and inserting
                                               ‘reasonably foreseeable’ means likely to                ment, or repair of an existing permanent or            ‘‘50’’.
                                               occur—                                                  temporary access road—                                 SEC. 349. FUNDING TO PROCESS PERMITS AND
                                                 ‘‘(A) not later than 10 years after the lead            (A) within an existing right-of-way or                           DEVELOP   INFORMATION  TECH-
                                               agency begins preparing the environmental               within a transmission or utility corridor es-                      NOLOGY.
                                               document; and                                           tablished by Congress or in a land use plan;             (a) IN GENERAL.—In fiscal years 2023
                                                 ‘‘(B) in an area directly affected by the               (B) that serves an existing transmission             through 2025, the Secretary of Agriculture
                                               proposed agency action such that an indi-               line, distribution line, or energy facility; or        (acting through the Forest Service) and the
                                               vidual of ordinary prudence would take such               (C) activities conducted in accordance with          Secretary of the Interior, after public notice,
                                               occurrence into account in reaching a deci-             existing onshore oil and gas leases.                   may accept and expend funds contributed by
                                               sion.                                                   SEC. 345. NO NET LOSS DETERMINATION FOR EX-            non-Federal entities for dedicated staff, in-
                                                 ‘‘(14) SPECIAL EXPERTISE.—The term ‘spe-                          ISTING RIGHTS-OF-WAY.
                                                                                                                                                              formation resource management, and infor-
                                               cial expertise’ means statutory responsi-                 (a) IN GENERAL.—Upon a determination by              mation technology system development to
                                               bility, agency mission, or related program              the Secretary concerned that there will be             expedite the evaluation of permits, biologi-
                                               experience.’’.                                          no overall long-term net loss of vegetation,           cal opinions, concurrence letters, environ-
                                               SEC. 343. CODIFICATION OF NATIONAL ENVIRON-             soil, or habitat, as defined by acreage and            mental surveys and studies, processing of ap-
                                                           MENTAL POLICY ACT REGULATIONS.              function, resulting from a proposed action,
                                                                                                                                                              plications, consultations, and other activi-
                                                 The revisions to the Code of Federal Regu-            decision, or activity within an existing
                                                                                                                                                              ties for the leasing, development, or expan-
                                               lations made pursuant to the final rule of              right-of-way, within a right-of-way corridor
                                                                                                                                                              sion of an energy facility under the jurisdic-
                                               the Council on Environmental Quality titled             established in a land use plan, or in an other-
                                                                                                                                                              tion of the respective Secretaries.
                                               ‘‘Update to the Regulations Implementing                wise designated right-of-way, that action,
                                                                                                                                                                (b) EFFECT ON PERMITTING.—In carrying
                                               the Procedural Provisions of the National               decision, or activity shall not be considered
                                                                                                                                                              out this section, the Secretary of the Inte-
                                               Environmental Policy Act’’ and published on             a major Federal action under section
                                                                                                                                                              rior shall ensure that the use of funds ac-
                                               July 16, 2020 (85 Fed. Reg. 43304), shall have          102(2)(C) of the National Environmental Pol-
                                                                                                                                                              cepted under subsection (a) will not impact
                                               the same force and effect of law as if enacted          icy Act of 1969 (42 U.S.C. 4332(2)(C)).
                                                                                                         (b) INCLUSION OF REMEDIATION.—In making              impartial decision making with respect to
                                               by an Act of Congress.                                                                                         permits, either substantively or proce-
                                                                                                       a determination under subsection (a), the
                                               SEC. 344. NON-MAJOR FEDERAL ACTIONS.                                                                           durally.
                                                                                                       Secretary concerned shall consider the effect
                                                 (a) EXEMPTION.—An action by the         Sec-          of any remediation work to be conducted                  (c) STATEMENT FOR FAILURE TO ACCEPT OR
                                               retary concerned with respect to a covered              during the lifetime of the action, decision, or        EXPEND FUNDS.—Not later than 60 days after
                                               activity shall be not considered a major Fed-           activity when determining whether there                the end of the applicable fiscal year, if the
                                               eral action under section 102(2)(C) of the Na-          will be any overall long-term net loss of              Secretary of Agriculture (acting through the
                                               tional Environmental Policy Act of 1969 (42             vegetation, soil, or habitat.                          Forest Service) or the Secretary of the Inte-
                                               U.S.C. 4332(2)(C)).                                                                                            rior does not accept funds contributed under




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       SEC. 346. DETERMINATION OF NATIONAL ENVI-
                                                 (b) COVERED ACTIVITY.—In this section, the                        RONMENTAL  POLICY   ACT  ADE-              subsection (a) or accepts but does not expend
                                               term ‘‘covered activity’’ includes—                                 QUACY.                                     such funds, that Secretary shall submit to
                                                 (1) geotechnical investigations;                        The Secretary concerned shall use pre-               the Committee on Natural Resources of the
                                                 (2) off-road travel in an existing right-of-          viously completed environmental assess-                House of Representatives and the Committee
                                               way;                                                    ments and environmental impact statements              on Energy and Natural Resources of the Sen-
                                                 (3) construction of meteorological towers             to satisfy the requirements of section 102 of          ate a statement explaining why such funds
                                               where the total surface disturbance at the              the National Environmental Policy Act of               were not accepted, were not expended, or
                                               location is less than 5 acres;                          1969 (42 U.S.C. 4332) with respect to any              both, as the case may be.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00091   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1948                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                                 (d)   PROHIBITION.—Notwithstanding       any          SEC. 350C. AMENDMENTS TO THE ENERGY POL-               SEC. 350D. ACCESS TO FEDERAL ENERGY RE-
                                               other provision of law, the Secretary of Agri-                      ICY ACT OF 2005.                                      SOURCES FROM NON-FEDERAL SUR-
                                                                                                                                                                         FACE ESTATE.
                                               culture (acting through the Forest Service)               Section 390 of the Energy Policy Act of
                                               and the Secretary of the Interior may not                                                                        (a) OIL AND GAS PERMITS.—Section 17 of
                                                                                                       2005 (42 U.S.C. 15942) is amended to read as
                                               accept contributions, as authorized by sub-                                                                    the Mineral Leasing Act (30 U.S.C. 226) is fur-
                                                                                                       follows:
                                               section (a), from non-Federal entities owned                                                                   ther amended by adding at the end the fol-
                                                                                                       ‘‘SEC. 390. NATIONAL ENVIRONMENTAL POLICY              lowing:
                                               by the Communist Party of China (or a per-                           ACT REVIEW.                                 ‘‘(v) NO FEDERAL PERMIT REQUIRED FOR OIL
                                               son or entity acting on behalf of the Com-                                                                     AND GAS ACTIVITIES ON CERTAIN LAND.—
                                               munist Party of China).                                   ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT
                                                                                                       REVIEW.—Action by the Secretary of the In-               ‘‘(1) IN GENERAL.—The Secretary shall not
                                                 (e) REPORT ON NON-FEDERAL ENTITIES.—                                                                         require an operator to obtain a Federal drill-
                                               Not later than 60 days after the end of the             terior, in managing the public lands, or the
                                                                                                       Secretary of Agriculture, in managing Na-              ing permit for oil and gas exploration and
                                               applicable fiscal year, the Secretary of Agri-                                                                 production activities conducted on non-Fed-
                                               culture (acting through the Forest Service)             tional Forest System lands, with respect to
                                                                                                       any of the activities described in subsection          eral surface estate, provided that—
                                               and the Secretary of the Interior shall sub-                                                                     ‘‘(A) the United States holds an ownership
                                               mit to the Committee on Natural Resources               (c), shall not be considered a major Federal
                                                                                                       action for the purposes of section 102(2)(C) of        interest of less than 50 percent of the sub-
                                               of the House of Representatives and the                                                                        surface mineral estate to be accessed by the
                                               Committee on Energy and Natural Resources               the National Environmental Policy Act of
                                                                                                                                                              proposed action; and
                                               of the Senate a report that includes, for each          1969, if the activity is conducted pursuant to
                                                                                                                                                                ‘‘(B) the operator submits to the Secretary
                                               expenditure authorized by subsection (a)—               the Mineral Leasing Act (30 U.S.C. 181 et
                                                                                                                                                              a State permit to conduct oil and gas explo-
                                                 (1) the amount of funds accepted; and                 seq.) for the purpose of exploration or devel-
                                                                                                                                                              ration and production activities on the non-
                                                 (2) the contributing non-Federal entity.              opment of oil or gas.
                                                                                                                                                              Federal surface estate.
                                               SEC. 350. OFFSHORE GEOLOGICAL AND GEO-                    ‘‘(b) APPLICATION.—This section shall not              ‘‘(2) NO FEDERAL ACTION.—An oil and gas
                                                          PHYSICAL SURVEY LICENSING.                   apply to an action of the Secretary of the In-         exploration and production activity carried
                                                 The Secretary of the Interior shall author-           terior or the Secretary of Agriculture on In-          out under paragraph (1)—
                                               ize geological and geophysical surveys re-              dian lands or resources managed in trust for             ‘‘(A) shall not be considered a major Fed-
                                               lated to oil and gas activities on the Gulf of          the benefit of Indian Tribes.                          eral action for the purposes of section
                                               Mexico Outer Continental Shelf, except                    ‘‘(c) ACTIVITIES DESCRIBED.—The activities           102(2)(C) of the National Environmental Pol-
                                               within areas subject to existing oil and gas            referred to in subsection (a) are as follows:          icy Act of 1969;
                                               leasing moratoria. Such authorizations shall              ‘‘(1) Reinstating a lease pursuant to sec-             ‘‘(B) shall require no additional Federal ac-
                                               be issued within 30 days of receipt of a com-           tion 31 of the Mineral Leasing Act (30 U.S.C.          tion;
                                               pleted application and shall, as applicable to          188).                                                    ‘‘(C) may commence 30 days after submis-
                                               survey type, comply with the mitigation and               ‘‘(2) The following activities, provided that        sion of the State permit to the Secretary;
                                               monitoring measures in subsections (a), (b),            any new surface disturbance is contiguous              and
                                               (c), (d), (f), and (g) of section 217.184 of title      with the footprint of the original authoriza-            ‘‘(D) shall not be subject to—
                                               50, Code of Federal Regulations (as in effect           tion and does not exceed 20 acres or the acre-           ‘‘(i) section 306108 of title 54, United States
                                               on January 1, 2022), and section 217.185 of             age has previously been evaluated in a docu-           Code (commonly known as the National His-
                                               title 50, Code of Federal Regulations (as in            ment previously prepared under section                 toric Preservation Act of 1966); and
                                               effect on January 1, 2022). Geological and              102(2)(C) of the National Environmental Pol-             ‘‘(ii) section 7 of the Endangered Species
                                               geophysical surveys authorized pursuant to              icy Act of 1969 (42 U.S.C. 4332(2)(C)) with re-        Act of 1973 (16 U.S.C. 1536).
                                               this section are deemed to be in full compli-           spect to such activity:                                  ‘‘(3) ROYALTIES AND PRODUCTION ACCOUNT-
                                                                                                         ‘‘(A) Drilling an oil or gas well at a well          ABILITY.—(A) Nothing in this subsection
                                               ance with the Marine Mammal Protection
                                               Act of 1972 (16 U.S.C. 1361 et seq.) and the En-        pad site at which drilling has occurred pre-           shall affect the amount of royalties due to
                                                                                                       viously.                                               the United States under this Act from the
                                               dangered Species Act of 1973 (16 U.S.C. 1531 et
                                                                                                         ‘‘(B) Expansion of an existing oil or gas            production of oil and gas, or alter the Sec-
                                               seq.), and their implementing regulations.
                                                                                                       well pad site to accommodate an additional             retary’s authority to conduct audits and col-
                                               SEC. 350A. DEFERRAL OF APPLICATIONS FOR                                                                        lect civil penalties pursuant to the Federal
                                                          PERMITS TO DRILL.                            well.
                                                                                                         ‘‘(C) Expansion or modification of an exist-         Oil and Gas Royalty Management Act of 1982
                                                 Section 17(p)(3) of the Mineral Leasing Act                                                                  (30 U.S.C. 1701 et seq.).
                                                                                                       ing oil or gas well pad site, road, pipeline, fa-
                                               (30 U.S.C. 226(p)(3)) is amended by adding at                                                                    ‘‘(B) The Secretary may conduct onsite re-
                                                                                                       cility, or utility submitted in a sundry no-
                                               the end the following:                                                                                         views and inspections to ensure proper ac-
                                                                                                       tice.
                                                 ‘‘(D) DEFERRAL BASED ON FORMATTING                                                                           countability, measurement, and reporting of
                                                                                                         ‘‘(3) Drilling of an oil or gas well at a new
                                               ISSUES.—A decision on an application for a                                                                     production of Federal oil and gas, and pay-
                                                                                                       well pad site, provided that the new surface
                                               permit to drill may not be deferred under                                                                      ment of royalties.
                                                                                                       disturbance does not exceed 20 acres and the
                                               paragraph (2)(B) as a result of a formatting                                                                     ‘‘(4) EXCEPTIONS.—This subsection shall
                                                                                                       acreage evaluated in a document previously
                                               issue with the permit, unless such for-                                                                        not apply to actions on Indian lands or re-
                                                                                                       prepared under section 102(2)(C) of the Na-
                                               matting issue results in missing informa-                                                                      sources managed in trust for the benefit of
                                                                                                       tional Environmental Policy Act of 1969 (42
                                               tion.’’.                                                                                                       Indian Tribes.
                                                                                                       U.S.C. 4332(2)(C)) with respect to such activ-
                                               SEC. 350B. PROCESSING AND TERMS OF APPLICA-                                                                      ‘‘(5) INDIAN LAND.—In this subsection, the
                                                                                                       ity, whichever is greater.
                                                           TIONS FOR PERMITS TO DRILL.                                                                        term ‘Indian land’ means—
                                                                                                         ‘‘(4) Construction or realignment of a road,
                                                 (a) EFFECT OF PENDING CIVIL ACTIONS.—                                                                          ‘‘(A) any land located within the bound-
                                                                                                       pipeline, or utility within an existing right-
                                               Section 17(p) of the Mineral Leasing Act (30                                                                   aries of an Indian reservation, pueblo, or
                                                                                                       of-way or within a right-of-way corridor es-
                                               U.S.C. 226(p)) is amended by adding at the                                                                     rancheria; and
                                                                                                       tablished in a land use plan.
                                               end the following:                                                                                               ‘‘(B) any land not located within the
                                                                                                         ‘‘(5) The following activities when con-
                                                 ‘‘(4) EFFECT OF PENDING CIVIL ACTION ON                                                                      boundaries of an Indian reservation, pueblo,
                                                                                                       ducted from non-Federal surface into feder-
                                               PROCESSING APPLICATIONS FOR PERMITS TO                                                                         or rancheria, the title to which is held—
                                                                                                       ally owned minerals, provided that the oper-
                                               DRILL.—Pursuant to the requirements of                                                                           ‘‘(i) in trust by the United States for the
                                                                                                       ator submits to the Secretary concerned cer-
                                               paragraph (2), notwithstanding the existence                                                                   benefit of an Indian tribe or an individual In-
                                                                                                       tification of a surface use agreement with
                                               of any pending civil actions affecting the ap-                                                                 dian;
                                                                                                       the non-Federal landowner:
                                               plication or related lease, the Secretary                                                                        ‘‘(ii) by an Indian tribe or an individual In-
                                                                                                         ‘‘(A) Drilling an oil or gas well at a well
                                               shall process an application for a permit to                                                                   dian, subject to restriction against alien-
                                                                                                       pad site at which drilling has occurred pre-
                                               drill or other authorizations or approvals                                                                     ation under laws of the United States; or
                                                                                                       viously.
                                               under a valid existing lease, unless a United                                                                    ‘‘(iii) by a dependent Indian community.’’.
                                                                                                         ‘‘(B) Expansion of an existing oil or gas              (b)     GEOTHERMAL      PERMITS.—The       Geo-
                                               States Federal court vacated such lease.                well pad site to accommodate an additional             thermal Steam Act of 1970 (30 U.S.C. 1001 et
                                               Nothing in this paragraph shall be construed            well.                                                  seq.) is amended by adding at the end the fol-
                                               as providing authority to a Federal court to              ‘‘(C) Expansion or modification of an exist-         lowing:
                                               vacate a lease.’’.                                      ing oil or gas well pad site, road, pipeline, fa-      ‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR
                                                 (b) TERM OF PERMIT TO DRILL.—Section 17               cility, or utility submitted in a sundry no-                        GEOTHERMAL ACTIVITIES ON CER-
                                               of the Mineral Leasing Act (30 U.S.C. 226) is           tice.                                                               TAIN LAND.
                                               further amended by adding at the end the                  ‘‘(6) Drilling of an oil or gas well from non-          ‘‘(a) IN GENERAL.—The Secretary shall not




SSpencer on DSK126QN23PROD with SENATE
                                               following:                                              Federal surface and non-Federal subsurface             require an operator to obtain a Federal drill-
                                                 ‘‘(u) TERM OF PERMIT TO DRILL.—A permit               into Federal mineral estate.                           ing permit for geothermal exploration and
                                               to drill issued under this section after the              ‘‘(7) Construction of up to 1 mile of new            production activities conducted on a non-
                                               date of the enactment of this subsection                road on Federal or non-Federal surface, not            Federal surface estate, provided that—
                                               shall be valid for one four-year term from              to exceed 2 miles in total.                              ‘‘(1) the United States holds an ownership
                                               the date that the permit is approved, or until            ‘‘(8) Construction of up to 3 miles of indi-         interest of less than 50 percent of the sub-
                                               the lease regarding which the permit is                 vidual pipelines or utilities, regardless of           surface geothermal estate to be accessed by
                                               issued expires, whichever occurs first.’’.              surface ownership.’’.                                  the proposed action; and




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00092   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1949
                                                 ‘‘(2) the operator submits to the Secretary           allowing development of the challenged lease           drill that can be turned over to States to ex-
                                               a State permit to conduct geothermal explo-             will pose a risk of an imminent and substan-           pedite approval of applications for permits
                                               ration and production activities on the non-            tial environmental harm and there is no                to drill; and
                                               Federal surface estate.                                 other equitable remedy available as a matter             (3) legislative actions that Congress must
                                                 ‘‘(b) NO FEDERAL ACTION.—A geothermal                 of law. No court, in response to an action             take to allow States to administer certain
                                               exploration and production activity carried             brought pursuant to the National Environ-              aspects of the Federal permitting process de-
                                               out under paragraph (1)—                                mental Policy Act of 1969 (42 U.S.C. et seq.),         scribed in paragraph (2).
                                                 ‘‘(1) shall not be considered a major Fed-            may enjoin or issue any order preventing the           SEC. 350J. E–NEPA.
                                               eral action for the purposes of section                 award of leases to a bidder in a lease sale              (a) PERMITTING PORTAL STUDY.—The Coun-
                                               102(2)(C) of the National Environmental Pol-            conducted pursuant to section 17 of the Min-           cil on Environmental Quality shall conduct a
                                               icy Act of 1969;                                        eral Leasing Act (26 U.S.C. 226) or the Outer          study and submit a report to Congress within
                                                 ‘‘(2) shall require no additional Federal ac-         Continental Shelf Lands Act (43 U.S.C. 1331            1 year of the enactment of this Act on the
                                               tion;                                                   et seq.) if the Department of the Interior has         potential to create an online permitting por-
                                                 ‘‘(3) may commence 30 days after submis-              previously opened bids for such leases or dis-         tal for permits that require review under sec-
                                               sion of the State permit to the Secretary;              closed the high bidder for any tract that was          tion 102(2)(C) of the National Environmental
                                               and                                                     included in such lease sale.                           Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that
                                                 ‘‘(4) shall not be subject to—                        SEC. 350H. LIMITATION ON CLAIMS.                       would—
                                                 ‘‘(A) section 306108 of title 54, United                (a) IN GENERAL.—Notwithstanding          any           (1) allow applicants to—
                                               States Code (commonly known as the Na-                  other provision of law, a claim arising under            (A) submit required documents or mate-
                                               tional Historic Preservation Act of 1966); and          Federal law seeking judicial review of a per-          rials for their application in one unified por-
                                                 ‘‘(B) section 7 of the Endangered Species             mit, license, or approval issued by a Federal          tal;
                                               Act of 1973 (16 U.S.C. 1536).                           agency for a mineral project, energy facility,           (B) upload additional documents as re-
                                                 ‘‘(c) ROYALTIES AND PRODUCTION ACCOUNT-               or energy storage device shall be barred un-           quired by the applicable agency; and
                                               ABILITY.—(1) Nothing in this section shall af-          less—                                                    (C) track the progress of individual appli-
                                               fect the amount of royalties due to the                   (1) the claim is filed within 120 days after         cations;
                                               United States under this Act from the pro-              publication of a notice in the Federal Reg-              (2) enhance interagency coordination in
                                               duction of electricity using geothermal re-             ister announcing that the permit, license, or          consultation by—
                                               sources (other than direct use of geothermal            approval is final pursuant to the law under              (A) allowing for comments in one unified
                                               resources) or the production of any byprod-             which the agency action is taken, unless a             portal;
                                               ucts.                                                   shorter time is specified in the Federal law             (B) centralizing data necessary for reviews;
                                                 ‘‘(2) The Secretary may conduct onsite re-            pursuant to which judicial review is allowed;          and
                                               views and inspections to ensure proper ac-              and                                                      (C) streamlining communications between
                                               countability, measurement, and reporting of               (2) the claim is filed by a party that sub-          other agencies and the applicant; and
                                               the production described in paragraph (1),              mitted a comment during the public com-                  (3) boost transparency in agency decision-
                                               and payment of royalties.                               ment period for such permit, license, or ap-           making.
                                                 ‘‘(d) EXCEPTIONS.—This section shall not              proval and such comment was sufficiently                 (b) AUTHORIZATION OF APPROPRIATIONS.—
                                               apply to actions on Indian lands or resources           detailed to put the agency on notice of the            There is authorized to be appropriated
                                               managed in trust for the benefit of Indian              issue upon which the party seeks judicial re-          $500,000 for the Council of Environmental
                                               Tribes.                                                 view.                                                  Quality to carry out the study directed by
                                                 ‘‘(e) INDIAN LAND.—In this section, the                 (b) SAVINGS CLAUSE.—Nothing in this sec-             this section.
                                               term ‘Indian land’ means—                               tion shall create a right to judicial review or        SEC. 350K. LIMITATIONS ON CLAIMS.
                                                 ‘‘(1) any land located within the boundaries          place any limit on filing a claim that a per-
                                               of an Indian reservation, pueblo, or                                                                              (a) IN GENERAL.—Section 139(l) of title 23,
                                                                                                       son has violated the terms of a permit, li-            United States Code, is amended by striking
                                               rancheria; and                                          cense, or approval.
                                                 ‘‘(2) any land not located within the bound-                                                                 ‘‘150 days’’ each place it appears and insert-
                                                                                                         (c)    TRANSPORTATION       PROJECTS.—Sub-           ing ‘‘90 days’’.
                                               aries of an Indian reservation, pueblo, or              section (a) shall not apply to or supersede a
                                               rancheria, the title to which is held—                                                                            (b) CONFORMING AMENDMENTS.—
                                                                                                       claim subject to section 139(l)(1) of title 23,           (1) Section 330(e) of title 23, United States
                                                 ‘‘(A) in trust by the United States for the           United States Code.
                                               benefit of an Indian tribe or an individual In-                                                                Code, is amended—
                                                                                                         (d) MINERAL PROJECT.—In this section, the               (A) in paragraph (2)(A), by striking ‘‘150
                                               dian;                                                   term ‘‘mineral project’’ means a project—
                                                 ‘‘(B) by an Indian tribe or an individual In-                                                                days’’ and inserting ‘‘90 days’’; and
                                                                                                         (1) located on—                                         (B) in paragraph (3)(B)(i), by striking ‘‘150
                                               dian, subject to restriction against alien-               (A) a mining claim, millsite claim, or tun-
                                               ation under laws of the United States; or                                                                      days’’ and inserting ‘‘90 days’’.
                                                                                                       nel site claim for any mineral;                           (2) Section 24201(a)(4) of title 49, United
                                                 ‘‘(C) by a dependent Indian community.’’.               (B) lands open to mineral entry; or
                                               SEC. 350E. SCOPE OF ENVIRONMENTAL REVIEWS
                                                                                                                                                              States Code, is amended by striking ‘‘of 150
                                                                                                         (C) a Federal mineral lease; and                     days’’.
                                                           FOR OIL AND GAS LEASES.
                                                                                                         (2) for the purposes of exploring for or pro-
                                                 An environmental review for an oil and gas                                                                   SEC. 350L. ONE FEDERAL DECISION FOR PIPE-
                                                                                                       ducing minerals.                                                   LINES.
                                               lease or permit prepared pursuant to the re-            SEC. 350I. GOVERNMENT ACCOUNTABILITY OF-
                                               quirements of the National Environmental                                                                          (a) IN GENERAL.—Chapter 601 of title 49,
                                                                                                                   FICE REPORT ON PERMITS TO
                                               Policy Act of 1969 (42 U.S.C. 4321 et seq.) and                     DRILL.
                                                                                                                                                              United States Code, is amended by adding at
                                               its implementing regulations—                                                                                  the end the following:
                                                                                                         (a) REPORT.—Not later than 1 year after
                                                 (1) shall apply only to areas that are with-          the date of enactment of this Act, the Comp-           ‘‘§ 60144. Efficient environmental reviews and
                                               in or immediately adjacent to the lease plot            troller General of the United States shall                one Federal decision
                                               or plots and that are directly affected by the          issue a report detailing—                                 ‘‘(a) EFFICIENT ENVIRONMENTAL REVIEWS.—
                                               proposed action; and                                      (1) the approval timelines for applications             ‘‘(1) IN GENERAL.—The Secretary of Trans-
                                                 (2) shall not require consideration of down-          for permits to drill issued by the Bureau of           portation shall apply the project develop-
                                               stream, indirect effects of oil and gas con-            Land Management from 2018 through 2022;                ment procedures, to the greatest extent fea-
                                               sumption.                                                 (2) the number of applications for permits           sible, described in section 139 of title 23 to
                                               SEC. 350F. EXPEDITING APPROVAL OF GATH-                 to drill that were not issued within 30 days of        any pipeline project that requires the ap-
                                                          ERING LINES.                                 receipt of a completed application; and                proval of the Secretary under the National
                                                 Section 11318(b)(1) of the Infrastructure In-           (3) the causes of delays resulting in appli-         Environmental Policy Act of 1969 (42 U.S.C.
                                               vestment and Jobs Act (42 U.S.C. 15943(b)(1))           cations for permits to drill pending beyond            4321 et seq.).
                                               is amended by striking ‘‘to be an action that           the 30 day deadline required under section                ‘‘(2) REGULATIONS AND PROCEDURES.—In
                                               is categorically excluded (as defined in sec-           17(p)(2) of the Mineral Leasing Act (30 U.S.C.         carrying out paragraph (1), the Secretary
                                               tion 1508.1 of title 40, Code of Federal Regula-        226(p)(2)).                                            shall incorporate into agency regulations
                                               tions (as in effect on the date of enactment              (b) RECOMMENDATIONS.—The report issued               and procedures pertaining to pipeline
                                               of this Act))’’ and inserting ‘‘to not be a             under subsection (a) shall include rec-                projects described in paragraph (1) aspects of
                                               major Federal action’’.                                 ommendations with respect to—                          such project development procedures, or por-
                                               SEC. 350G. LEASE SALE LITIGATION.                         (1) actions the Bureau of Land Manage-               tions thereof, determined appropriate by the




SSpencer on DSK126QN23PROD with SENATE
                                                 Notwithstanding any other provision of                ment can take to streamline the approval               Secretary in a manner consistent with this
                                               law, any oil and gas lease sale held under              process for applications for permits to drill          section, that increase the efficiency of the
                                               section 17 of the Mineral Leasing Act (26               to approve applications for permits to drill           review of pipeline projects.
                                               U.S.C. 226) or the Outer Continental Shelf              within 30 days of receipt of a completed ap-              ‘‘(3) DISCRETION.—The Secretary may
                                               Lands Act (43 U.S.C. 1331 et seq.) shall not be         plication;                                             choose not to incorporate into agency regu-
                                               vacated and activities on leases awarded in               (2) aspects of the Federal permitting proc-          lations and procedures pertaining to pipeline
                                               the sale shall not be otherwise limited, de-            ess carried out by the Bureau of Land Man-             projects described in paragraph (1) such
                                               layed, or enjoined unless the court concludes           agement to issue applications for permits to           project development procedures that could




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00093   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1950                                             CONGRESSIONAL RECORD — SENATE                                                              June 1, 2023
                                               only feasibly apply to highway projects, pub-           SEC. 350O. CATEGORICAL EXCLUSION FOR ELEC-             local high schools, community colleges, in-
                                               lic transportation capital projects, and                            TRIC UTILITY LINES RIGHTS-OF-              stitutions of higher education, and any other
                                                                                                                   WAY.
                                               multimodal projects.                                                                                           relevant institutions, as determined by the
                                                  ‘‘(4) APPLICABILITY.—Subsection (l) of sec-            (a) SECRETARY CONCERNED DEFINED.—In                  Secretary of the Interior or the Secretary of
                                               tion 139 of title 23 shall apply to pipeline            this section, the term ‘‘Secretary concerned’’         Agriculture (as the case may be).
                                               projects described in paragraph (1).                    means—                                                   (b) COLLABORATION PERMITTED.—Such local
                                                  ‘‘(b) ADDITIONAL CATEGORICAL EXCLU-                    (1) the Secretary of Agriculture, with re-           units of the National Park Service, Bureau
                                               SIONS.—The Secretary shall maintain and                 spect to National Forest System lands; and             of Land Management, and Forest Service lo-
                                               make publicly available, including on the                 (2) the Secretary of the Interior, with re-          cated in reasonably close geographic areas
                                               Internet, a database that identifies project-           spect to public lands.                                 may collaborate to produce a joint outreach
                                               specific information on the use of a categor-             (b) CATEGORICAL EXCLUSION ESTABLISHED.—              plan that meets the requirements of sub-
                                               ical exclusion on any pipeline project carried          Forest management activities described in              section (a).
                                               out under this title.’’.                                subsection (c) are a category of activities
                                                                                                                                                                 Subtitle C—Permitting for Mining Needs
                                                  (b) CLERICAL AMENDMENT.—The analysis                 designated as being categorically excluded
                                                                                                       from the preparation of an environmental as-           SEC. 351. DEFINITIONS.
                                               for chapter 601 of title 49, United States
                                                                                                       sessment or an environmental impact state-               In this subtitle:
                                               Code, is amended by adding at the end the
                                                                                                       ment under section 102 of the National Envi-             (1) BYPRODUCT.—The term ‘‘byproduct’’ has
                                               following:
                                                                                                       ronmental Policy Act of 1969 (42 U.S.C. 4332).         the meaning given such term in section
                                               ‘‘60144. Efficient environmental reviews and                                                                   7002(a) of the Energy Act of 2020 (30 U.S.C.
                                                                                                         (c) FOREST MANAGEMENT ACTIVITIES DES-
                                                              one Federal decision.’’.                                                                        1606(a)).
                                                                                                       IGNATED FOR CATEGORICAL EXCLUSION.—The
                                               SEC. 350M. EXEMPTION OF CERTAIN WILDFIRE                                                                         (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
                                                                                                       forest management activities designated as
                                                          MITIGATION ACTIVITIES FROM CER-                                                                     has the meaning given such term in section
                                                          TAIN ENVIRONMENTAL REQUIRE-                  being categorically excluded under sub-
                                                          MENTS.                                       section (b) are—                                       4 of the Indian Self-Determination and Edu-
                                                                                                         (1) the development and approval of a vege-          cation Assistance Act (25 U.S.C. 5304).
                                                 (a) IN GENERAL.—Wildfire mitigation ac-
                                                                                                       tation management, facility inspection, and              (3) MINERAL.—The term ‘‘mineral’’ means
                                               tivities of the Secretary of the Interior and
                                                                                                       operation and maintenance plan submitted               any mineral of a kind that is locatable (in-
                                               the Secretary of Agriculture may be carried
                                                                                                       under section 512(c)(1) of the Federal Land            cluding, but not limited to, such minerals lo-
                                               out without regard to the provisions of law
                                                                                                       Policy and Management Act of 1976 (43                  cated on ‘‘lands acquired by the United
                                               specified in subsection (b).
                                                 (b) PROVISIONS OF LAW SPECIFIED.—The                  U.S.C. 1772(c)(1)) by the Secretary concerned;         States’’, as such term is defined in section 2
                                               provisions of law specified in this section are         and                                                    of the Mineral Leasing Act for Acquired
                                               all Federal, State, or other laws, regulations,           (2) the implementation of routine activi-            Lands) under the Act of May 10, 1872 (Chap-
                                               and legal requirements of, deriving from, or            ties conducted under the plan referred to in           ter 152; 17 Stat. 91).
                                               related to the subject of, the following laws:          paragraph (1).                                           (4) SECRETARY.—Except as otherwise pro-
                                                 (1) Section 102(2)(C) of the National Envi-             (d) AVAILABILITY OF CATEGORICAL EXCLU-               vided, the term ‘‘Secretary’’ means the Sec-
                                               ronmental Policy Act of 1969 (42 U.S.C.                 SION.—On and after the date of the enact-              retary of the Interior.
                                               4332(2)(C)).                                            ment of this Act, the Secretary concerned                (5) STATE.—The term ‘‘State’’ means—
                                                 (2) The Endangered Species Act of 1973 (16            may use the categorical exclusion estab-                 (A) a State;
                                               U.S.C. 1531 et seq.).                                   lished under subsection (b) in accordance                (B) the District of Columbia;
                                                 (c) WILDFIRE MITIGATION ACTIVITY.—For                 with this section.                                       (C) the Commonwealth of Puerto Rico;
                                               purposes of this section, the term ‘‘wildfire             (e) EXTRAORDINARY CIRCUMSTANCES.—Use                   (D) Guam;
                                               mitigation activity’’—                                  of the categorical exclusion established                 (E) American Samoa;
                                                 (1) is an activity conducted on Federal land          under subsection (b) shall not be subject to             (F) the Commonwealth of the Northern
                                               that is—                                                the extraordinary circumstances procedures             Mariana Islands; and
                                                 (A) under the administration of the Direc-            in section 220.6, title 36, Code of Federal Reg-         (G) the United States Virgin Islands.
                                               tor of the National Park System, the Direc-             ulations, or section 1508.4, title 40, Code of         SEC. 352. MINERALS SUPPLY CHAIN AND RELI-
                                                                                                       Federal Regulations.                                               ABILITY.
                                               tor of the Bureau of Land Management, or
                                               the Chief of the Forest Service; and                      (f) EXCLUSION OF CERTAIN AREAS.—The cat-                Section 40206 of the Infrastructure Invest-
                                                 (B) within 300 feet of any permanent or               egorical exclusion established under sub-              ment and Jobs Act (30 U.S.C. 1607) is amend-
                                               temporary road, as measured from the center             section (b) shall not apply to any forest man-         ed—
                                               of such road; and                                       agement activity conducted—                               (1) in the section heading, by striking
                                                 (2) includes forest thinning, hazardous fuel            (1) in a component of the National Wilder-           ‘‘CRITICAL MINERALS’’ and inserting ‘‘MIN-
                                               reduction, prescribed burning, and vegeta-              ness Preservation System; or                           ERALS’’;

                                               tion management.                                          (2) on National Forest System lands on                  (2) by amending subsection (a) to read as
                                                                                                       which, by Act of Congress, the removal of              follows:
                                               SEC. 350N. VEGETATION MANAGEMENT, FACILITY
                                                           INSPECTION, AND OPERATION AND               vegetation is restricted or prohibited.                   ‘‘(a) DEFINITIONS.—In this section:
                                                           MAINTENANCE RELATING TO ELEC-                 (g) PERMANENT ROADS.—                                   ‘‘(1) LEAD AGENCY.—The term ‘lead agency’
                                                           TRIC TRANSMISSION AND DISTRIBU-               (1) PROHIBITION ON ESTABLISHMENT.—A for-             means the Federal agency with primary re-
                                                           TION FACILITY RIGHTS OF WAY.                est management activity designated under               sponsibility for issuing a mineral explo-
                                                 (a) HAZARD TREES WITHIN 50 FEET OF ELEC-              subsection (c) shall not include the estab-            ration or mine permit or lease for a mineral
                                               TRIC POWER LINE.—Section 512(a)(1)(B)(ii) of            lishment of a permanent road.                          project.
                                               the Federal Land Policy and Management                    (2) EXISTING ROADS.—The Secretary con-                  ‘‘(2) MINERAL.—The term ‘mineral’ has the
                                               Act of 1976 (43 U.S.C. 1772(a)(1)(B)(ii)) is            cerned may carry out necessary maintenance             meaning given such term in section 20301 of
                                               amended by striking ‘‘10’’ and inserting ‘‘50’’.        and repair on an existing permanent road for           the TAPP American Resources Act.
                                                 (b) CONSULTATION WITH PRIVATE LAND-                   the purposes of conducting a forest manage-               ‘‘(3) MINERAL EXPLORATION OR MINE PER-
                                               OWNERS.—Section 512(c)(3)(E) of the Federal             ment activity designated under subsection              MIT.—The term ‘mineral exploration or mine
                                               Land Policy and Management Act of 1976 (43              (c).                                                   permit’ means—
                                               U.S.C. 1772(c)(3)(E)) is amended—                         (3) TEMPORARY ROADS.—The Secretary con-                 ‘‘(A) an authorization of the Bureau of
                                                 (1) in clause (i), by striking ‘‘and’’ at the         cerned shall decommission any temporary                Land Management or the Forest Service, as
                                               end;                                                    road constructed for a forest management               applicable, for exploration for minerals that
                                                 (2) in clause (ii), by striking the period and        activity designated under subsection (c) not           requires analysis under the National Envi-
                                               inserting ‘‘; and’’; and                                later than 3 years after the date on which             ronmental Policy Act of 1969;
                                                 (3) by adding at the end the following:               the action is completed.                                  ‘‘(B) a plan of operations for a mineral
                                                 ‘‘(iii) consulting with private landowners              (h) APPLICABLE LAWS.—A forest manage-                project approved by the Bureau of Land Man-
                                               with respect to any hazard trees identified             ment activity designated under subsection              agement or the Forest Service; or
                                               for removal from land owned by such private             (c) shall not be subject to section 7 of the En-          ‘‘(C) any other Federal permit or author-
                                               landowners.’’.                                          dangered Species Act of 1973 (16 U.S.C. 1536),         ization for a mineral project.
                                                 (c) REVIEW AND APPROVAL PROCESS.—                     section 106 of the National Historic Preserva-            ‘‘(4) MINERAL PROJECT.—The term ‘mineral
                                               Clause (iv) of section 512(c)(4)(A) of the Fed-         tion Act, or any other applicable law.                 project’ means a project—
                                               eral Land Policy and Management Act of                  SEC. 350P. STAFFING PLANS.                                ‘‘(A) located on—
                                               1976 (43 U.S.C. 1772(c)(4)(A)) is amended to              (a) IN GENERAL.—Not later than 365 days                 ‘‘(i) a mining claim, millsite claim, or tun-




SSpencer on DSK126QN23PROD with SENATE
                                               read as follows:                                        after the date of enactment of this Act, each          nel site claim for any mineral;
                                                 ‘‘(iv) ensures that—                                  local unit of the National Park Service, Bu-              ‘‘(ii) lands open to mineral entry; or
                                                 ‘‘(I) a plan submitted without a modifica-            reau of Land Management, and Forest Serv-                 ‘‘(iii) a Federal mineral lease; and
                                               tion under clause (iii) shall be automatically          ice shall conduct an outreach plan for dis-               ‘‘(B) for the purposes of exploring for or
                                               approved 60 days after review; and                      seminating and advertising open civil service          producing minerals.’’;
                                                 ‘‘(II) a plan submitted with a modification           positions with functions relating to permit-              (3) in subsection (b), by striking ‘‘critical’’
                                               under clause (iii) shall be automatically ap-           ting or natural resources in their offices.            each place such term appears;
                                               proved 67 days after review.’’.                         Each such plan shall include outreach to                  (4) in subsection (c)—




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00094   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                      S1951
                                                 (A) by striking ‘‘critical mineral produc-             SEC. 354. DESIGNATION OF MINING AS A COV-               (d) DEFINITIONS.—In this section:
                                               tion on Federal land’’ and inserting ‘‘mineral                      ERED SECTOR FOR FEDERAL PER-                 (1) EXPLORATION ACTIVITY.—The term ‘‘ex-
                                                                                                                   MITTING IMPROVEMENT PURPOSES.              ploration activity’’—
                                               projects’’;
                                                 (B) by inserting ‘‘, and in accordance with              Section 41001(6)(A) of the FAST Act (42               (A) means creating surface disturbance
                                               subsection (h)’’ after ‘‘to the maximum ex-              U.S.C. 4370m(6)(A)) is amended by inserting           greater than casual use that includes sam-
                                               tent practicable’’;                                      ‘‘mineral production,’’ before ‘‘or any other         pling, drilling, or developing surface or un-
                                                 (C) by striking ‘‘shall complete the’’ and             sector’’.                                             derground workings to evaluate the type, ex-
                                               inserting ‘‘shall complete such’’;                       SEC. 355. TREATMENT OF ACTIONS UNDER PRESI-           tent, quantity, or quality of mineral values
                                                                                                                    DENTIAL DETERMINATION 2022–11
                                                 (D) in paragraph (1), by striking ‘‘critical                       FOR FEDERAL PERMITTING IM-
                                                                                                                                                              present;
                                               mineral-related activities on Federal land’’                         PROVEMENT PURPOSES.                         (B) includes constructing drill roads and
                                               and inserting ‘‘mineral projects’’;                        (a) IN GENERAL.—Except as provided by               drill pads, drilling, trenching, excavating
                                                 (E) in paragraph (8), by striking the ‘‘and’’          subsection (c), an action described in sub-           test pits, and conducting geotechnical tests
                                               at the end;                                              section (b) shall be—                                 and geophysical surveys; and
                                                 (F) in paragraph (9), by striking ‘‘proce-               (1) treated as a covered project, as defined          (C) does not include activities where mate-
                                               dures.’’ and inserting ‘‘procedures; and’’; and          in section 41001(6) of the FAST Act (42 U.S.C.        rial is extracted for commercial use or sale.
                                                 (G) by adding at the end the following:                4370m(6)), without regard to the require-               (2) SECRETARY CONCERNED.—The term ‘‘Sec-
                                                 ‘‘(10) deferring to and relying on baseline            ments of that section; and                            retary concerned’’ means—
                                               data, analyses, and reviews performed by                   (2) included in the Permitting Dashboard              (A) with respect to lands administered by
                                               State agencies with jurisdiction over the en-            maintained pursuant to section 41003(b) of            the Secretary of the Interior, the Secretary
                                               vironmental or reclamation permits for the               that Act (42 13 U.S.C. 4370m–2(b)).                   of the Interior; and
                                               proposed mineral project.’’;                               (b) ACTIONS DESCRIBED.—An action de-                  (B) with respect to National Forest System
                                                 (5) in subsection (d)—                                 scribed in this subsection is an action taken         lands, the Secretary of Agriculture.
                                                 (A) by striking ‘‘critical’’ each place such           by the Secretary of Defense pursuant to               SEC. 357. USE OF MINING CLAIMS FOR ANCIL-
                                               term appears; and                                        Presidential Determination 2022–11 (87 Fed.                      LARY ACTIVITIES.
                                                 (B) in paragraph (3), by striking ‘‘mineral-           Reg. 19775; relating to certain actions under            Section 10101 of the Omnibus Budget Rec-
                                               related activities on Federal land’’ and in-             section 303 of the Defense Production Act of          onciliation Act of 1993 (30 U.S.C. 28f) is
                                               serting ‘‘mineral projects’’;                            1950) or the Presidential Memorandum of               amended by adding at the end the following:
                                                 (6) in subsection (e), by striking ‘‘critical’’;       February 27, 2023, titled ‘‘Presidential Waiv-           ‘‘(e) SECURITY OF TENURE.—
                                                 (7) in subsection (f), by striking ‘‘critical’’        er of Statutory Requirements Pursuant to                 ‘‘(1) IN GENERAL.—
                                               each place such term appears;                            Section 303 of the Defense Production Act of             ‘‘(A) IN GENERAL.—A claimant shall have
                                                 (8) in subsection (g), by striking ‘‘critical’’        1950, as amended, on Department of Defense            the right to use, occupy, and conduct oper-
                                               each place such term appears; and                        Supply Chains Resilience’’ (88 Fed. Reg.              ations on public land, with or without the
                                                 (9) by adding at the end the following:                13015) to create, maintain, protect, expand,          discovery of a valuable mineral deposit, if—
                                                 ‘‘(h) OTHER REQUIREMENTS.—                             or restore sustainable and responsible do-               ‘‘(i) such claimant makes a timely pay-
                                                 ‘‘(1) MEMORANDUM OF AGREEMENT.—For                     mestic production capabilities through—               ment of the location fee required by section
                                               purposes of maximizing efficiency and effec-               (1) supporting feasibility studies for ma-          10102 and the claim maintenance fee required
                                               tiveness of the Federal permitting and re-               ture mining, beneficiation, and value-added           by subsection (a); or
                                               view processes described under subsection                processing projects;                                     ‘‘(ii) in the case of a claimant who qualifies
                                               (c), the lead agency in the Federal permit-                (2) byproduct and co-product production at          for a waiver under subsection (d), such
                                               ting and review processes of a mineral                   existing mining, mine waste reclamation,              claimant makes a timely payment of the lo-
                                               project shall (in consultation with any other            and other industrial facilities;                      cation fee and complies with the required as-
                                               Federal agency involved in such Federal per-               (3) modernization of mining, beneficiation,         sessment work under the general mining
                                               mitting and review processes, and upon re-               and value-added processing to increase pro-           laws.
                                               quest of the project applicant, an affected              ductivity, environmental sustainability, and             ‘‘(B) OPERATIONS DEFINED.—For the pur-
                                               State government, local government, or an                workforce safety; or                                  poses of this paragraph, the term ‘oper-
                                               Indian Tribe, or other entity such lead agen-              (4) any other activity authorized under sec-        ations’ means—
                                               cy determines appropriate) enter into a                  tion 303(a)(1) of the Defense Production Act             ‘‘(i) any activity or work carried out in
                                               memorandum of agreement with a project                   of 1950 15 (50 U.S.C. 4533(a)(1)).                    connection with prospecting, exploration,
                                                                                                          (c) EXCEPTION.—An action described in sub-          processing, discovery and assessment, devel-
                                               applicant where requested by the applicant
                                                                                                        section (b) may not be treated as a covered           opment, or extraction with respect to a
                                               to carry out the activities described in sub-
                                                                                                        project or be included in the Permitting              locatable mineral;
                                               section (c).
                                                                                                        Dashboard under subsection (a) if the project            ‘‘(ii) the reclamation of any disturbed
                                                 ‘‘(2) TIMELINES AND SCHEDULES FOR NEPA
                                                                                                        sponsor (as defined in section 41001(18) of the       areas; and
                                               REVIEWS.—
                                                                                                        FAST Act (42 U.S.C. 21 4370m(18))) requests              ‘‘(iii) any other reasonably incident uses,
                                                 ‘‘(A) EXTENSION.—A project applicant may
                                                                                                        that the action not be treated as a covered           whether on a mining claim or not, including
                                               enter into 1 or more agreements with a lead              project.
                                               agency to extend the deadlines described in                                                                    the construction and maintenance of facili-
                                                                                                        SEC. 356. NOTICE FOR MINERAL EXPLORATION              ties, roads, transmission lines, pipelines, and
                                               subparagraphs (A) and (B) of subsection                             ACTIVITIES WITH LIMITED SURFACE
                                               (h)(1) of section 107 of title I of the National                                                               any other necessary infrastructure or means
                                                                                                                   DISTURBANCE.
                                               Environmental Policy Act of 1969 by, with                                                                      of access on public land for support facili-
                                                                                                          (a) IN GENERAL.—Not later than 15 days be-
                                               respect to each such agreement, not more                                                                       ties.
                                                                                                        fore commencing an exploration activity
                                               than 6 months.                                                                                                    ‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY
                                                                                                        with a surface disturbance of not more than
                                                 ‘‘(B) ADJUSTMENT OF TIMELINES.—At the re-                                                                    AND MANAGEMENT ACT.—A claimant that ful-
                                                                                                        5 acres of public lands, the operator of such
                                               quest of a project applicant, the lead agency            exploration activity shall submit to the Sec-         fills the requirements of this section and sec-
                                               and any other entity which is a signatory to             retary concerned a complete notice of such            tion 10102 shall be deemed to satisfy the re-
                                               a memorandum of agreement under para-                    exploration activity.                                 quirements of any provision of the Federal
                                               graph (1) may, by unanimous agreement, ad-                 (b) INCLUSIONS.—Notice submitted under              Land Policy and Management Act that re-
                                               just—                                                    subsection (a) shall include such information         quires the payment of fair market value to
                                                 ‘‘(i) any deadlines described in subpara-              the Secretary concerned may require, in-              the United States for use of public lands and
                                               graph (A); and                                           cluding the information described in section          resources relating to use of such lands and
                                                 ‘‘(ii) any deadlines extended under subpara-           3809.301 of title 43, Code of Federal Regula-         resources authorized by the general mining
                                               graph (B).                                               tions (or any successor regulation).                  laws.
                                                 ‘‘(3) EFFECT ON PENDING APPLICATIONS.—                   (c) REVIEW.—Not later than 15 days after               ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub-
                                               Upon a written request by a project appli-               the Secretary concerned receives notice sub-          section may be construed to diminish the
                                               cant, the requirements of this subsection                mitted under subsection (a), the Secretary            rights of entry, use, and occupancy, or any
                                               shall apply to any application for a mineral             concerned shall—                                      other right, of a claimant under the general
                                               exploration or mine permit or mineral lease                (1) review and determine completeness of            mining laws.’’.
                                               that was submitted before the date of the en-            the notice; and                                       SEC. 358. ENSURING CONSIDERATION OF URA-
                                               actment of the TAPP American Resources                     (2) allow exploration activities to proceed                    NIUM AS A CRITICAL MINERAL.
                                                                                                        if—                                                     (a) IN GENERAL.—Section 7002(a)(3)(B)(i) of




SSpencer on DSK126QN23PROD with SENATE
                                               Act.’’.
                                                                                                          (A) the surface disturbance of such explo-          the Energy Act of 2020 (30 U.S.C.
                                               SEC.   353.   FEDERAL REGISTER        PROCESS      IM-
                                                                                                        ration activities on such public lands will           1606(a)(3)(B)(i)) is amended to read as follows:
                                                              PROVEMENT.
                                                                                                        not exceed 5 acres;                                     ‘‘(i) oil, oil shale, coal, or natural gas;’’.
                                                 Section 7002(f) of the Energy Act of 2020 (30            (B) the Secretary concerned determines                (b) UPDATE.—Not later than 60 days after
                                               U.S.C. 1606(f)) is amended—                              that the notice is complete; and                      the date of the enactment of this section, the
                                                 (1) in paragraph (2), by striking ‘‘critical’’           (C) the operator provides financial assur-          Secretary, acting through the Director of
                                               both places such term appears; and                       ance that the Secretary concerned deter-              the United States Geological Survey, shall
                                                 (2) by striking paragraph (4).                         mines is adequate.                                    publish in the Federal Register an update to




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00095   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1952                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                               the final list established in section 7002(c)(3)          (B) are at highest risk of supply chain dis-         an assessment of the economic, energy, stra-
                                               of the Energy Act of 2020 (30 U.S.C. 1606(c)(3))        ruption due to the domestic or global actions          tegic, and national security value of mineral
                                               in accordance with subsection (a) of this sec-          of any covered entity, including price-fixing,         deposits identified in such mineral resource
                                               tion.                                                   systemic acquisition and control of global             assessment; and
                                                 (c) REPORT.—Not later than 180 days after             mineral resources and processing, refining,              (3) submit a report to the Committees on
                                               the date of the enactment of this section, the          and smelting capacity, and undercutting the            Natural Resources, Agriculture, Energy and
                                               Secretary, acting through the Director of               fair market value of such resources; and               Commerce, and Foreign Affairs of the House
                                               the United States Geological Survey, in con-              (2) develop a national strategy for bol-             of Representatives and the Committees on
                                               sultation with the Secretary of Energy, shall           stering supply chains in the United States             Energy and Natural Resources, Agriculture,
                                               submit to the appropriate committees of                 for the mineral commodities identified under           and Foreign Affairs of the Senate, that in-
                                               Congress a report that includes the fol-                paragraph (1), including through the enact-            cludes the results of the assessment com-
                                               lowing:                                                 ment of new national policies and the utili-           pleted pursuant to this subsection.
                                                 (1) The current status of uranium deposits            zation of current authorities, to increase ca-           (c) NEW INFORMATION.—The Secretary shall
                                               in the United States with respect to the                pacity and efficiency of domestic mining, re-          provide recommendations to the President
                                               amount and quality of uranium contained in              fining, processing, and manufacturing of               on appropriate measures to reduce unneces-
                                               such deposits.                                          such mineral commodities.                              sary impacts that a withdrawal of Federal
                                                 (2) A comparison of the United States to                (b) COVERED ENTITY.—In this section, the             lands or waters from entry under the mining
                                               the rest of the world with respect to the               term ‘‘covered entity’’ means an entity                laws or operation of the mineral leasing and
                                               amount and quality of uranium contained in              that—                                                  mineral materials laws may have on mineral
                                               uranium deposits.                                         (1) is subject to the jurisdiction or direc-         exploration, development, and other mineral
                                                 (3) Policy considerations, including poten-           tion of the People’s Republic of China;                activities (including authorizing exploration
                                               tial challenges, of utilizing the uranium                 (2) is directly or indirectly operating on           and development of such mineral deposits)
                                               from the deposits described in paragraph (1).                                                                  not later than 180 days after the Secretary
                                                                                                       behalf of the People’s Republic of China; or
                                               SEC. 359. BARRING FOREIGN BAD ACTORS FROM                                                                      has notice that a resource assessment com-
                                                                                                         (3) is owned by, directly or indirectly con-
                                                           OPERATING ON FEDERAL LANDS.                                                                        pleted by the Director of the United States
                                                                                                       trolled by, or otherwise subject to the influ-
                                                 A mining claimant shall be barred from                                                                       Geological Survey, in coordination with the
                                                                                                       ence of the People’s Republic of China.
                                               the right to use, occupy, and conduct oper-                                                                    State geological surveys, determines that a
                                                                                                           Subtitle D—Federal Land Use Planning               previously undiscovered mineral deposit may
                                               ations on Federal land if the Secretary of the
                                               Interior finds the claimant has a foreign par-          SEC. 361. FEDERAL LAND USE PLANNING AND                be present in an area that has been with-
                                                                                                                  WITHDRAWALS.                                drawn from entry under the mining laws or
                                               ent company that has (including through a
                                                                                                         (a) RESOURCE ASSESSMENTS REQUIRED.—                  operation of the mineral leasing and mineral
                                               subsidiary)—
                                                                                                       Federal lands and waters may not be with-              materials laws pursuant to—
                                                 (1) a known record of human rights viola-
                                                                                                       drawn from entry under the mining laws or                (1) section 204 of the Federal Land Policy
                                               tions; or
                                                                                                       operation of the mineral leasing and mineral           and Management Act of 1976 (43 U.S.C. 1714);
                                                 (2) knowingly operated an illegal mine in
                                                                                                       materials laws unless—                                 or
                                               another country.
                                                                                                         (1) a quantitative and qualitative geo-                (2) chapter 3203 of title 54, United States
                                               SEC. 360. PERMIT PROCESS FOR PROJECTS RE-
                                                           LATING TO EXTRACTION, RECOV-                physical and geological mineral resource as-           Code.
                                                           ERY, OR PROCESSING OF CRITICAL              sessment of the impacted area has been com-            SEC. 362. PROHIBITIONS ON DELAY OF MINERAL
                                                           MATERIALS.                                  pleted during the 10-year period ending on                         DEVELOPMENT OF CERTAIN FED-
                                                 (a) DEFINITION OF COVERED PROJECT.—Sec-               the date of such withdrawal;                                       ERAL LAND.
                                               tion 41001(6)(A) of the FAST Act (42 U.S.C.               (2) the Secretary, in consultation with the            (a) PROHIBITIONS.—Notwithstanding any
                                               4370m(6)(A)) is amended—                                Secretary of Commerce, the Secretary of En-            other provision of law, the President shall
                                                 (1) in clause (iii)(III), by striking ‘‘; or’’ and    ergy, and the Secretary of Defense, conducts           not carry out any action that would pause,
                                               inserting ‘‘;’’;                                        an assessment of the economic, energy, stra-           restrict, or delay the process for or issuance
                                                                                                       tegic, and national security value of mineral          of any of the following on Federal land, un-
                                                 (2) in clause (iv)(II), by striking the period
                                                                                                       deposits identified in such mineral resource           less such lands are withdrawn from disposi-
                                               at the end and inserting ‘‘; or’’; and
                                                                                                       assessment;                                            tion under the mineral leasing laws, includ-
                                                 (3) by adding at the end the following:
                                                                                                         (3) the Secretary conducts an assessment             ing by administrative withdrawal:
                                                 ‘‘(v) is related to the extraction, recovery,
                                                                                                       of the reduction in future Federal revenues              (1) New oil and gas lease sales, oil and gas
                                               or processing from coal, coal waste, coal
                                                                                                       to the Treasury, States, the Land and Water            leases, drill permits, or associated approvals
                                               processing waste, pre-or post-combustion
                                                                                                       Conservation Fund, the Historic Preserva-              or authorizations of any kind associated
                                               coal byproducts, or acid mine drainage from
                                                                                                       tion Fund, and the National Parks and Pub-             with oil and gas leases.
                                               coal mines of—
                                                                                                       lic Land Legacy Restoration Fund resulting               (2) New coal leases (including leases by ap-
                                                 ‘‘(I) critical minerals (as such term is de-
                                                                                                       from the proposed mineral withdrawal;                  plication in process, renewals, modifications,
                                               fined in section 7002 of the Energy Act of
                                                                                                         (4) the Secretary, in consultation with the          or expansions of existing leases), permits,
                                               2020);
                                                                                                       Secretary of Defense, conducts an assess-              approvals, or authorizations.
                                                 ‘‘(II) rare earth elements; or
                                                                                                       ment of military readiness and training ac-              (3) New leases, claims, permits, approvals,
                                                 ‘‘(III) microfine carbon or carbon from
                                                                                                       tivities in the proposed withdrawal area; and          or authorizations for development or explo-
                                               coal.’’.
                                                 (b) REPORT.—Not later than 6 months after               (5) the Secretary submits a report to the            ration of minerals.
                                                                                                                                                                (b) PROHIBITION ON RESCISSION OF LEASES,
                                               the date of enactment of this Act, the Sec-             Committees on Natural Resources, Agri-
                                                                                                                                                              PERMITS, OR CLAIMS.—The President, the
                                               retary of the Interior shall submit to the              culture, Energy and Commerce, and Foreign
                                                                                                                                                              Secretary, or Secretary of Agriculture as ap-
                                               Committees on Energy and Natural Re-                    Affairs of the House of Representatives and            plicable, may not rescind any existing lease,
                                               sources and Commerce, Science, and Trans-               the Committees on Energy and Natural Re-               permit, or claim for the extraction and pro-
                                               portation of the Senate and the Committees              sources, Agriculture, and Foreign Affairs of           duction of any mineral under the mining
                                               on Transportation and Infrastructure, Nat-              the Senate, that includes the results of the           laws or mineral leasing and mineral mate-
                                               ural Resources, and Energy and Commerce of              assessments completed pursuant to this sub-            rials laws on National Forest System land or
                                               the House of Representatives a report evalu-            section.                                               land under the jurisdiction of the Bureau of
                                               ating the timeliness of implementation of re-             (b) LAND USE PLANS.—Before a resource                Land Management, unless specifically au-
                                               forms of the permitting process required as a           management plan under the Federal Land                 thorized by Federal statute, or upon the les-
                                               result of the amendments made by this sec-              Policy and Management Act of 1976 (43                  see, permittee, or claimant’s failure to com-
                                               tion on the following:                                  U.S.C. 1701 et seq.) or a forest management            ply with any of the provisions of the applica-
                                                 (1) The economic and national security of             plan under the National Forest Management              ble lease, permit, or claim.
                                               the United States.                                      Act is updated or completed, the Secretary               (c) MINERAL DEFINED.—In subsection (a)(3),
                                                 (2) Domestic production and supply of crit-           or Secretary of Agriculture, as applicable, in         the term ‘‘mineral’’ means any mineral of a
                                               ical minerals, rare earths, and microfine car-          consultation with the Director of the United           kind that is locatable (including such min-
                                               bon or carbon from coal.                                States Geological Survey, shall—                       erals located on ‘‘lands acquired by the
                                               SEC. 360A. NATIONAL STRATEGY TO RE-SHORE                  (1) review any quantitative and qualitative          United States’’, as such term is defined in
                                                          MINERAL SUPPLY CHAINS.                       mineral resource assessment that was com-              section 2 of the Mineral Leasing Act for Ac-
                                                 (a) IN GENERAL.—Not later than 180 days               pleted or updated during the 10-year period            quired Lands) under the Act of May 10, 1872
                                               after the date of enactment of this Act, the            ending on the date that the applicable land            (Chapter 152; 17 Stat. 91).




SSpencer on DSK126QN23PROD with SENATE
                                               United States Geological Survey, in con-                management agency publishes a notice to                SEC. 363. DEFINITIONS.
                                               sultation with the Secretaries of Defense,              prepare, revise, or amend a land use plan by             In this subtitle:
                                               Energy, and State, shall—                               the Director of the United States Geological             (1) FEDERAL LAND.—The term ‘‘Federal
                                                 (1) identify mineral commodities that—                Survey for the geographic area affected by             land’’ means—
                                                 (A) serve a critical purpose to the national          the applicable management plan;                          (A) National Forest System land;
                                               security of the United States, including with             (2) the Secretary, in consultation with the            (B) public lands (as defined in section 103 of
                                               respect to military, defense, and strategic             Secretary of Commerce, the Secretary of En-            the Federal Land Policy and Management
                                               mobility applications; and                              ergy, and the Secretary of Defense, conducts           Act of 1976 (43 U.S.C. 1702));




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00096   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                       S1953
                                                 (C) the outer Continental Shelf (as defined             (B) CONDITIONS FOR REINSTATEMENT.—Sec-               not subject to competitive leasing under sub-
                                               in section 2 of the Outer Continental Shelf             tion 31(e)(3) of the Mineral Leasing Act (30           section (b)(2) of this section, the person first
                                               Lands Act (43 U.S.C. 1331)); and                        U.S.C. 188(e)(3)) is amended by striking ‘‘20’’        making application for the lease who is
                                                 (D) land managed by the Secretary of En-              inserting ‘‘162⁄3’’.                                   qualified to hold a lease under this chapter
                                               ergy.                                                     (2) OIL AND GAS MINIMUM BID.—Section 17(b)           shall be entitled to a lease of such lands
                                                 (2) PRESIDENT.—The term ‘‘President’’                 of the Mineral Leasing Act (30 U.S.C. 226(b))          without competitive bidding, upon payment
                                               means—                                                  is amended—                                            of a non-refundable application fee of at
                                                 (A) the President; and                                  (A) in paragraph (1)(B), by striking ‘‘$10 per       least $75. A lease under this subsection shall
                                                 (B) any designee of the President, includ-            acre during the 10-year period beginning on            be conditioned upon the payment of a roy-
                                               ing—                                                    the date of enactment of the Act titled ‘An            alty at a rate of 12.5 percent in amount or
                                                 (i) the Secretary of Agriculture;                     Act to provide for reconciliation pursuant to          value of the production removed or sold from
                                                 (ii) the Secretary of Commerce;                       title II of S. Con. Res. 14’.’’ and inserting ‘‘$2     the lease. Leases shall be issued within 60
                                                 (iii) the Secretary of Energy; and                    per acre for a period of 2 years from the date         days of the date on which the Secretary
                                                 (iv) the Secretary of the Interior.                   of the enactment of the Federal Onshore Oil            identifies the first responsible qualified ap-
                                                 (3) PREVIOUSLY UNDISCOVERED DEPOSIT.—                 and Gas Leasing Reform Act of 1987.’’; and             plicant.
                                               The term ‘‘previously undiscovered mineral                (B) in paragraph (2)(C), by striking ‘‘$10 per         ‘‘(2)(A) Lands (i) which were posted for sale
                                               deposit’’ means—                                        acre’’ and inserting ‘‘$2 per acre’’.                  under subsection (b)(1) of this section but for
                                                 (A) a mineral deposit that has been pre-                (3) FOSSIL FUEL RENTAL RATES.—Section                which no bids were received or for which the
                                               viously evaluated by the United States Geo-             17(d) of the Mineral Leasing Act (30 U.S.C.            highest bid was less than the national min-
                                               logical Survey and found to be of low min-              226(d)) is amended to read as follows:                 imum acceptable bid and (ii) for which, at
                                               eral potential, but upon subsequent evalua-               ‘‘(d) All leases issued under this section, as       the end of the period referred to in sub-
                                               tion is determined by the United States Geo-            amended by the Federal Onshore Oil and Gas             section (b)(1) of this section no lease has
                                               logical Survey to have significant mineral              Leasing Reform Act of 1987, shall be condi-            been issued and no lease application is pend-
                                               potential; or                                           tioned upon payment by the lessee of a rent-           ing under paragraph (1) of this subsection,
                                                 (B) a mineral deposit that has not pre-               al of not less than $1.50 per acre per year for        shall again be available for leasing only in
                                               viously been evaluated by the United States             the first through fifth years of the lease and         accordance with subsection (b)(1) of this sec-
                                               Geological Survey.                                      not less than $2 per acre per year for each            tion.
                                                 (4) SECRETARY.—The term ‘‘Secretary’’                 year thereafter. A minimum royalty in lieu
                                                                                                                                                                ‘‘(B) The land in any lease which is issued
                                               means the Secretary of the Interior.                    of rental of not less than the rental which
                                                                                                                                                              under paragraph (1) of this subsection or
                                                 Subtitle E—Ensuring Competitiveness on                otherwise would be required for that lease
                                                                                                                                                              under subsection (b)(1) of this section which
                                                                Federal Lands                          year shall be payable at the expiration of
                                                                                                                                                              lease terminates, expires, is cancelled or is
                                                                                                       each lease year beginning on or after a dis-
                                               SEC. 371. INCENTIVIZING DOMESTIC PRODUC-
                                                                                                       covery of oil or gas in paying quantities on           relinquished shall again be available for leas-
                                                          TION.                                                                                               ing only in accordance with subsection (b)(1)
                                                 (a) OFFSHORE OIL AND GAS ROYALTY                      the lands leased.’’.
                                                                                                         (4) EXPRESSION OF INTEREST FEE.—Section              of this section.’’; and
                                               RATE.—Section 8(a)(1) of the Outer Conti-                                                                        (C) by striking subsection (e) and inserting
                                               nental Shelf Lands Act (43 U.S.C. 1337(a)(1))           17 of the Mineral Leasing Act (30 U.S.C. 226)
                                                                                                       is further amended by repealing subsection             the following:
                                               is amended—
                                                                                                       (q).                                                     ‘‘(e) PRIMARY TERM.—Competitive and non-
                                                  (1) in subparagraph (A), by striking ‘‘not
                                                                                                         (5) ELIMINATION OF NONCOMPETITIVE LEAS-              competitive leases issued under this section
                                               less than 162⁄3 percent, but not more than 183⁄4
                                                                                                       ING.—Section 17 of the Mineral Leasing Act             shall be for a primary term of 10 years: Pro-
                                               percent, during the 10-year period beginning
                                                                                                       (30 U.S.C. 226) is further amended—                    vided, however, That competitive leases
                                               on the date of enactment of the Act titled
                                               ‘An Act to provide for reconciliation pursu-              (A) in subsection (b)—                               issued in special tar sand areas shall also be
                                               ant to title II of S. Con. Res. 14’, and not less         (i) in paragraph (1)(A)—                             for a primary term of 10 years. Each such
                                               than 162⁄3 percent thereafter,’’ each place it            (I) in the first sentence, by striking ‘‘para-       lease shall continue so long after its primary
                                               appears and inserting ‘‘not less than 12.5 per-         graph (2)’’ and inserting ‘‘paragraphs (2) and         term as oil or gas is produced in paying
                                               cent’’;                                                 (3)’’; and                                             quantities. Any lease issued under this sec-
                                                  (2) in subparagraph (C), by striking ‘‘not             (II) by adding at the end ‘‘Lands for which          tion for land on which, or for which under an
                                               less than 162⁄3 percent, but not more than 183⁄4        no bids are received or for which the highest          approved cooperative or unit plan of develop-
                                               percent, during the 10-year period beginning            bid is less than the national minimum ac-              ment or operation, actual drilling operations
                                               on the date of enactment of the Act titled              ceptable bid shall be offered promptly within          were commenced prior to the end of its pri-
                                               ‘An Act to provide for reconciliation pursu-            30 days for leasing under subsection (c) of            mary term and are being diligently pros-
                                               ant to title II of S. Con. Res. 14’, and not less       this section and shall remain available for            ecuted at that time shall be extended for two
                                               than 162⁄3 percent thereafter,’’ each place it          leasing for a period of 2 years after the com-         years and so long thereafter as oil or gas is
                                               appears and inserting ‘‘not less than 12.5 per-         petitive lease sale.’’; and                            produced in paying quantities.’’.
                                               cent’’;                                                   (ii) by adding at the end the following:               (6) CONFORMING AMENDMENTS.—Section 31
                                                  (3) in subparagraph (F), by striking ‘‘not             ‘‘(3)(A) If the United States held a vested          of the Mineral Leasing Act (30 U.S.C. 188) is
                                               less than 162⁄3 percent, but not more than 183⁄4        future interest in a mineral estate that, im-          amended—
                                               percent, during the 10-year period beginning            mediately prior to becoming a vested present             (A) in subsection (d)(1), by striking ‘‘sec-
                                               on the date of enactment of the Act titled              interest, was subject to a lease under which           tion 17(b)’’ and inserting ‘‘subsection (b) or
                                               ‘An Act to provide for reconciliation pursu-            oil or gas was being produced, or had a well           (c) of section 17 of this Act’’;
                                               ant to title II of S. Con. Res. 14’, and not less       capable of producing, in paying quantities at            (B) in subsection (e)—
                                               than 162⁄3 percent thereafter,’’ and inserting          an annual average production volume per                  (i) in paragraph (2)—
                                               ‘‘not less than 12.5 percent’’; and                     well per day of either not more than 15 bar-             (I) insert ‘‘either’’ after ‘‘rentals and’’; and
                                                  (4) in subparagraph (H), by striking ‘‘not           rels per day of oil or condensate, or not more           (II) insert ‘‘or the inclusion in a reinstated
                                               less than 162⁄3 percent, but not more than 183⁄4        than 60,000 cubic feet of gas, the holder of the       lease issued pursuant to the provisions of
                                               percent, during the 10-year period beginning            lease may elect to continue the lease as a             section 17(c) of this Act of a requirement
                                               on the date of enactment of the Act titled              noncompetitive lease under subsection (c)(1).          that future rentals shall be at a rate not less
                                               ‘An Act to provide for reconciliation pursu-              ‘‘(B) An election under this paragraph is ef-        than $5 per acre per year, all’’ before ‘‘as de-
                                               ant to title II of S. Con. Res. 14’, and not less       fective—                                               termined by the Secretary’’; and
                                               than 162⁄3 percent thereafter,’’ and inserting            ‘‘(i) in the case of an interest which vested          (ii) by amending paragraph (3) to read as
                                               ‘‘not less than 12.5 percent’’.                         after January 1, 1990, and on or before Octo-          follows:
                                                  (b) MINERAL LEASING ACT.—                            ber 24, 1992, if the election is made before the         ‘‘(3)(A) payment of back royalties and the
                                                  (1) ONSHORE OIL AND GAS ROYALTY RATES.—              date that is 1 year after October 24, 1992;            inclusion in a reinstated lease issued pursu-
                                                  (A) LEASE OF OIL AND GAS LAND.—Section 17              ‘‘(ii) in the case of an interest which vests        ant to the provisions of section 17(b) of this
                                               of the Mineral Leasing Act (30 U.S.C. 226) is           within 1 year after October 24, 1992, if the           Act of a requirement for future royalties at
                                               amended—                                                election is made before the date that is 2             a rate of not less than 162⁄3 percent computed
                                                  (i) in subsection (b)(1)(A)—                         years after October 24, 1992; and                      on a sliding scale based upon the average
                                                  (I) by striking ‘‘not less than 162⁄3’’ and in-        ‘‘(iii) in any case other than those de-             production per well per day, at a rate which
                                               serting ‘‘not less than 12.5’’; and                     scribed in clause (i) or (ii), if the election is      shall be not less than 4 percentage points
                                                  (II) by striking ‘‘or, in the case of a lease                                                               greater than the competitive royalty sched-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       made prior to the interest becoming a vested
                                               issued during the 10-year period beginning on           present interest.’’;                                   ule then in force and used for royalty deter-
                                               the date of enactment of the Act titled ‘An               (B) by striking subsection (c) and inserting         mination for competitive leases issued pur-
                                               Act to provide for reconciliation pursuant to           the following:                                         suant to such section as determined by the
                                               title II of S. Con. Res. 14’, 162⁄3 percent in            ‘‘(c) LANDS SUBJECT TO LEASING UNDER                 Secretary: Provided, That royalty on such
                                               amount or value of the production removed               SUBSECTION (b); FIRST QUALIFIED APPLI-                 reinstated lease shall be paid on all produc-
                                               or sold from the lease’’; and                           CANT.—                                                 tion removed or sold from such lease subse-
                                                  (ii) by striking ‘‘162⁄3 percent’’ each place it       ‘‘(1) If the lands to be leased are not leased       quent to the termination of the original
                                               appears and inserting ‘‘12.5 percent’’.                 under subsection (b)(1) of this section or are         lease;




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00097   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1954                                             CONGRESSIONAL RECORD — SENATE                                                            June 1, 2023
                                                 ‘‘(B) payment of back royalties and inclu-            deemed conclusively abandoned. Issuance of             tration order issued under the Balanced
                                               sion in a reinstated lease issued pursuant to           such a lease shall be conditioned upon:                Budget and Emergency Deficit Control Act
                                               the provisions of section 17(c) of this Act of             ‘‘(1) a petition for issuance of a non-             of 1985 (2 U.S.C. 900 et seq.) on or after the
                                               a requirement for future royalties at a rate            competitive oil and gas lease, together with           date of enactment of this Act.
                                               not less than 162⁄3 percent: Provided, That             the required rental and royalty, including             SEC. 382. PARITY IN OFFSHORE WIND REVENUE
                                               royalty on such reinstated lease shall be paid          back rental and royalty accruing from the                          SHARING.
                                               on all production removed or sold from such             statutory date of abandonment of the oil                 (a) PAYMENTS AND REVENUES.—Section
                                               lease subsequent to the cancellation or ter-            placer mining claim, being filed with the              8(p)(2) of the Outer Continental Shelf Lands
                                               mination of the original lease; and’’;                  Secretary- (A) with respect to any claim               Act (43 U.S.C. 1337(p)(2)) is amended—
                                                 (C) in subsection (f)—                                deemed conclusively abandoned on or before               (1) in subparagraph (A), by striking ‘‘(A)
                                                 (i) in paragraph (1), strike ‘‘in the same            January 12, 1983, on or before the one hun-            The Secretary’’ and inserting the following:
                                               manner as the original lease issued pursuant            dred and twentieth day after January 12,                 ‘‘(A) IN GENERAL.—Subject to subpara-
                                               to section 17’’ and insert ‘‘as a competitive           1983, or (B) with respect to any claim deemed          graphs (B) and (C), the Secretary’’;
                                               or a noncompetitive oil and gas lease in the            conclusively abandoned after January 12,                 (2) in subparagraph (B), by striking ‘‘(B)
                                               same manner as the original lease issued                1983, on or before the one hundred and twen-           The Secretary’’ and inserting the following:
                                               pursuant to subsection (b) or (c) of section 17         tieth day after final notification by the Sec-           ‘‘(B)   DISPOSITION     OF    REVENUES FOR
                                               of this Act’’;                                          retary or a court of competent jurisdiction            PROJECTS LOCATED WITHIN 3 NAUTICAL MILES
                                                 (ii) by redesignating paragraphs (2) and (3)          of the determination of the abandonment of             SEAWARD OF STATE SUBMERGED LAND.—The
                                               as paragraph (3) and (4), respectively; and             the oil placer mining claim;                           Secretary’’; and
                                                 (iii) by inserting after paragraph (1) the               ‘‘(2) a valid lease not having been issued af-        (3) by adding at the end the following:
                                               following:                                              fecting any of the lands covered by the aban-            ‘‘(C) DISPOSITION OF REVENUES FOR OFF-
                                                 ‘‘(2) Except as otherwise provided in this            doned oil placer mining claim prior to the             SHORE WIND PROJECTS IN CERTAIN AREAS.—
                                               section, the issuance of a lease in lieu of an          filing of such petition: Provided, however,              ‘‘(i) DEFINITIONS.—In this subparagraph:
                                               abandoned patented oil placer mining claim              That after the filing of a petition for                  ‘‘(I) COVERED OFFSHORE WIND PROJECT.—The
                                               shall be treated as a noncompetitive oil and            issuance of a lease under this subsection, the         term ‘covered offshore wind project’ means a
                                               gas lease issued pursuant to section 17(c) of           Secretary shall not issue any new lease af-            wind powered electric generation project in a
                                               this Act.’’;                                            fecting any of the lands covered by such               wind energy area on the outer Continental
                                                 (D) in subsection (g), by striking ‘‘sub-             abandoned oil placer mining claim for a rea-           Shelf that is not wholly or partially located
                                               section (d)’’ and inserting ‘‘subsections (d)           sonable period, as determined in accordance            within an area subject to subparagraph (B).
                                               and (f)’’;                                              with regulations issued by him;                          ‘‘(II) ELIGIBLE STATE.—The term ‘eligible
                                                 (E) by amending subsection (h) to read as                ‘‘(3) a requirement in the lease for payment        State’ means a State a point on the coastline
                                               follows:                                                of rental, including back rentals accruing             of which is located within 75 miles of the ge-
                                                 ‘‘(h) ROYALTY REDUCTIONS.—                            from the statutory date of abandonment of              ographic center of a covered offshore wind
                                                 ‘‘(1) In acting on a petition to issue a non-         the oil placer mining claim, of not less than          project.
                                               competitive oil and gas lease, under sub-               $5 per acre per year;                                    ‘‘(III) QUALIFIED OUTER CONTINENTAL SHELF
                                               section (f) of this section or in response to a            ‘‘(4) a requirement in the lease for payment        REVENUES.—The term ‘qualified outer Conti-
                                               request filed after issuance of such a lease,           of royalty on production removed or sold               nental Shelf revenues’ means all royalties,
                                               or both, the Secretary is authorized to re-             from the oil placer mining claim, including            fees, rentals, bonuses, or other payments
                                               duce the royalty on such lease if in his judg-          all royalty on production made subsequent              from covered offshore wind projects carried
                                               ment it is equitable to do so or the cir-               to the statutory date the claim was deemed             out pursuant to this subsection on or after
                                               cumstances warrant such relief due to uneco-            conclusively abandoned, of not less than 121⁄2         the date of enactment of this subparagraph.
                                               nomic or other circumstances which could                percent; and                                             ‘‘(ii) REQUIREMENT.—
                                               cause undue hardship or premature termi-                   ‘‘(5) compliance with the notice and reim-            ‘‘(I) IN GENERAL.—The Secretary of the
                                               nation of production.                                   bursement of costs provisions of paragraph             Treasury shall deposit—
                                                 ‘‘(2) In acting on a petition for reinstate-          (4) of subsection (e) but addressed to the pe-           ‘‘(aa) 12.5 percent of qualified outer Conti-
                                               ment pursuant to subsection (d) of this sec-            tition covering the conversion of an aban-             nental Shelf revenues in the general fund of
                                               tion or in response to a request filed after re-        doned unpatented oil placer mining claim to            the Treasury;
                                               instatement, or both, the Secretary is au-              a noncompetitive oil and gas lease.’’.                   ‘‘(bb) 37.5 percent of qualified outer Conti-
                                               thorized to reduce the royalty in that rein-                   Subtitle F—Energy Revenue Sharing               nental Shelf revenues in the North American
                                               stated lease on the entire leasehold or any             SEC. 381. GULF OF MEXICO OUTER CONTINENTAL             Wetlands Conservation Fund; and
                                               tract or portion thereof segregated for roy-                        SHELF REVENUE.                               ‘‘(cc) 50 percent of qualified outer Conti-
                                               alty purposes if, in his judgment, there are              (a) DISTRIBUTION OF OUTER CONTINENTAL                nental Shelf revenues in a special account in
                                               uneconomic or other circumstances which                 SHELF      REVENUE   TO   GULF   PRODUCING             the Treasury from which the Secretary shall
                                               could cause undue hardship or premature                 STATES.—Section 105 of the Gulf of Mexico              disburse to each eligible State an amount de-
                                               termination of production; or because of any            Energy Security Act of 2006 (43 U.S.C. 1331            termined pursuant to subclause (II).
                                               written action of the United States, its                note) is amended—                                        ‘‘(II) ALLOCATION.—
                                               agents or employees, which preceded, and                  (1) in subsection (a)—                                 ‘‘(aa) IN GENERAL.—Subject to item (bb),
                                               was a major consideration in, the lessee’s ex-            (A) in paragraph (1), by striking ‘‘50’’ and         for each fiscal year beginning after the date
                                               penditure of funds to develop the property              inserting ‘‘37.5’’; and                                of enactment of this subparagraph, the
                                               under the lease after the rent had become                 (B) in paragraph (2)—                                amount made available under subclause
                                               due and had not been paid; or if in the judg-             (i) by striking ‘‘50’’ and inserting ‘‘62.5’’;       (I)(cc) shall be allocated to each eligible
                                               ment of the Secretary it is equitable to do so            (ii) in subparagraph (A), by striking ‘‘75’’         State in amounts (based on a formula estab-
                                               for any reason.’’;                                      and inserting ‘‘80’’; and                              lished by the Secretary by regulation) that
                                                 (F) by redesignating subsections (f)                    (iii) in subparagraph (B), by striking ‘‘25’’        are inversely proportional to the respective
                                               through (i) as subsections (g) through (j), re-         and inserting ‘‘20’’; and                              distances between the point on the coastline
                                               spectively; and                                           (2) by striking subsection (f) and inserting         of each eligible State that is closest to the
                                                 (G) by inserting after subsection (e) the             the following:                                         geographic center of the applicable leased
                                               following:                                                ‘‘(f) TREATMENT OF AMOUNTS.—Amounts                  tract and the geographic center of the leased
                                                 ‘‘(f) ISSUANCE OF NONCOMPETITIVE OIL AND              disbursed to a Gulf producing State under              tract.
                                               GAS       LEASE;     CONDITIONS.—Where        an        this section shall be treated as revenue shar-           ‘‘(bb) MINIMUM ALLOCATION.—The amount
                                               unpatented oil placer mining claim validly              ing and not as a Federal award or grant for            allocated to an eligible State each fiscal
                                               located prior to February 24, 1920, which has           the purposes of part 200 of title 2, Code of           year under item (aa) shall be at least 10 per-
                                               been or is currently producing or is capable            Federal Regulations.’’.                                cent of the amounts made available under
                                               of producing oil or gas, has been or is here-             (b) EXEMPTION OF CERTAIN PAYMENTS FROM               subclause (I)(cc).
                                               after deemed conclusively abandoned for                 SEQUESTRATION.—                                          ‘‘(cc) PAYMENTS TO COASTAL POLITICAL SUB-
                                               failure to file timely the required instru-               (1) IN GENERAL.—Section 255(g)(1)(A) of the          DIVISIONS.—
                                               ments or copies of instruments required by              Balanced Budget and Emergency Deficit                    ‘‘(AA) IN GENERAL.—The Secretary shall
                                               section 1744 of title 43, and it is shown to the        Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is         pay 20 percent of the allocable share of each
                                               satisfaction of the Secretary that such fail-           amended by inserting after ‘‘Payments to               eligible State, as determined pursuant to




SSpencer on DSK126QN23PROD with SENATE
                                               ure was inadvertent, justifiable, or not due            Social Security Trust Funds (28–0404–0–1–              item (aa), to the coastal political subdivi-
                                               to lack of reasonable diligence on the part of          651).’’ the following:                                 sions of the eligible State.
                                               the owner, the Secretary may issue, for the               ‘‘Payments to States pursuant to section               ‘‘(BB) ALLOCATION.—The amount paid by
                                               lands covered by the abandoned unpatented               105(a)(2)(A) of the Gulf of Mexico Energy Se-          the Secretary to coastal political subdivi-
                                               oil placer mining claim, a noncompetitive oil           curity Act of 2006 (Public Law 109–432; 43             sions under subitem (AA) shall be allocated
                                               and gas lease, consistent with the provisions           U.S.C. 1331 note) (014–5535–0–2–302).’’.               to each coastal political subdivision in ac-
                                               of section 17(e) of this Act, to be effective             (2) APPLICABILITY.—The amendment made                cordance with subparagraphs (B) and (C) of
                                               from the statutory date the claim was                   by this subsection shall apply to any seques-          section 31(b)(4) of this Act.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00098   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                     S1955
                                                  ‘‘(iii) TIMING.—The amounts required to be             (c) EXEMPTION OF CERTAIN PAYMENTS FROM               gions, will increase the reliability of natural
                                               deposited under subclause (I) of clause (ii)            SEQUESTRATION.—                                        gas supplies and the availability of natural
                                               for the applicable fiscal year shall be made              (1) IN GENERAL.—Section 255(g)(1)(A) of the          gas at reasonable prices, will allow natural
                                               available in accordance with such subclause             Balanced Budget and Emergency Deficit                  gas producers to access additional markets
                                               during the fiscal year immediately following            Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is         for their product, and will reduce carbon
                                               the applicable fiscal year.                             amended by inserting after ‘‘Payments to               emissions and facilitate the energy transi-
                                                  ‘‘(iv) AUTHORIZED USES.—                             Social Security Trust Funds (28–0404–0–1–              tion.
                                                  ‘‘(I) IN GENERAL.—Subject to subclause (II),         651).’’ the following:                                   (c) APPROVAL AND RATIFICATION AND MAIN-
                                               each eligible State shall use all amounts re-             ‘‘Payments to States pursuant to subpara-            TENANCE OF EXISTING AUTHORIZATIONS.—Not-
                                               ceived under clause (ii)(II) in accordance              graph (C)(ii)(I)(cc) of section 8(p)(2) of the         withstanding any other provision of law—
                                               with all applicable Federal and State laws,             Outer Continental Shelf Lands Act (43 U.S.C.             (1) Congress hereby ratifies and approves
                                               only for 1 or more of the following purposes:           1337(p)(2)).’’.                                        all authorizations, permits, verifications, ex-
                                                  ‘‘(aa) Projects and activities for the pur-            (2) APPLICABILITY.—The amendment made                tensions, biological opinions, incidental take
                                               poses of coastal protection and resiliency, in-         by this subsection shall apply to any seques-          statements, and any other approvals or or-
                                               cluding conservation, coastal restoration, es-          tration order issued under the Balanced                ders issued pursuant to Federal law nec-
                                               tuary management, beach nourishment, hur-               Budget and Emergency Deficit Control Act               essary for the construction and initial oper-
                                               ricane and flood protection, and infrastruc-            of 1985 (2 U.S.C. 900 et seq.) on or after the         ation at full capacity of the Mountain Valley
                                               ture directly affected by coastal wetland               date of enactment of this Act.                         Pipeline; and
                                               losses.                                                                                                          (2) Congress hereby directs the Secretary
                                                                                                       SEC. 383. ELIMINATION OF ADMINISTRATIVE FEE
                                                  ‘‘(bb) Mitigation of damage to fish, wild-                        UNDER THE MINERAL LEASING ACT.            of the Army, the Federal Energy Regulatory
                                               life, or natural resources, including through             (a) IN GENERAL.—Section 35 of the Mineral            Commission, the Secretary of Agriculture,
                                               fisheries science and research.                         Leasing Act (30 U.S.C. 191) is amended—                and the Secretary of the Interior, and other
                                                  ‘‘(cc) Implementation of a federally ap-               (1) in subsection (a), in the first sentence,        agencies as applicable, as the case may be, to
                                               proved marine, coastal, or comprehensive                by striking ‘‘and, subject to the provisions of        continue to maintain such authorizations,
                                               conservation management plan.                           subsection (b),’’;                                     permits, verifications, extensions, biological
                                                  ‘‘(dd) Mitigation of the impact of outer               (2) by striking subsection (b);                      opinions, incidental take statements, and
                                               Continental Shelf activities through the                  (3) by redesignating subsections (c) and (d)         any other approvals or orders issued pursu-
                                               funding of onshore infrastructure projects.             as subsections (b) and (c), respectively;              ant to Federal law necessary for the con-
                                                  ‘‘(ee) Planning assistance and the adminis-            (4) in paragraph (3)(B)(ii) of subsection (b)        struction and initial operation at full capac-
                                               trative costs of complying with this section.           (as so redesignated), by striking ‘‘subsection         ity of the Mountain Valley Pipeline.
                                                  ‘‘(ff) Infrastructure improvements at ports,                                                                  (d)     EXPEDITED      APPROVAL.—Notwith-
                                                                                                       (d)’’ and inserting ‘‘subsection (c)’’; and
                                               including modifications to Federal naviga-                                                                     standing any other provision of law, not
                                                                                                         (5) in paragraph (3)(A)(ii) of subsection (c)
                                               tion channels, to support installation of off-                                                                 later than 21 days after the date of enact-
                                                                                                       (as so redesignated), by striking ‘‘subsection         ment of this Act and for the purpose of fa-
                                               shore wind energy projects.                             (c)(2)(B)’’   and      inserting    ‘‘subsection
                                                  ‘‘(II) LIMITATION.—Of the amounts received                                                                  cilitating the completion of the Mountain
                                                                                                       (b)(2)(B)’’.                                           Valley Pipeline, the Secretary of the Army
                                               by an eligible State under clause (ii)(II), not           (b) CONFORMING AMENDMENTS.—
                                               more than 3 percent shall be used for the                                                                      shall issue all permits or verifications nec-
                                                                                                         (1) Section 6(a) of the Mineral Leasing Act          essary—
                                               purposes described in subclause (I)(ee).                for Acquired Lands (30 U.S.C. 355(a)) is
                                                  ‘‘(v) ADMINISTRATION.—Subject to clause                                                                       (1) to complete the construction of the
                                                                                                       amended—                                               Mountain Valley Pipeline across the waters
                                               (vi)(III), amounts made available under                   (A) in the first sentence, by striking ‘‘Sub-
                                               items (aa) and (cc) of clause (ii)(I) shall—                                                                   of the United States; and
                                                                                                       ject to the provisions of section 35(b) of the           (2) to allow for the operation and mainte-
                                                  ‘‘(I) be made available, without further ap-         Mineral Leasing Act (30 U.S.C. 191(b)), all’’
                                               propriation, in accordance with this subpara-                                                                  nance of the Mountain Valley Pipeline.
                                                                                                       and inserting ‘‘All’’; and                               (e) JUDICIAL REVIEW.—
                                               graph;                                                    (B) in the second sentence, by striking ‘‘of           (1) Notwithstanding any other provision of
                                                  ‘‘(II) remain available until expended; and          the Act of February 25, 1920 (41 Stat. 450; 30         law, no court shall have jurisdiction to re-
                                                  ‘‘(III) be in addition to any amount appro-          U.S.C. 191),’’ and inserting ‘‘of the Mineral          view any action taken by the Secretary of
                                               priated under any other Act.                            Leasing Act (30 U.S.C. 191)’’.                         the Army, the Federal Energy Regulatory
                                                  ‘‘(vi) REPORTING REQUIREMENT.—                         (2) Section 20(a) of the Geothermal Steam            Commission, the Secretary of Agriculture,
                                                  ‘‘(I) IN GENERAL.—Not later than 180 days            Act of 1970 (30 U.S.C. 1019(a)) is amended, in         the Secretary of the Interior, or a State ad-
                                               after the end of each fiscal year, the Gov-             the second sentence of the matter preceding            ministrative agency acting pursuant to Fed-
                                               ernor of each eligible State that receives              paragraph (1), by striking ‘‘the provisions of         eral law that grants an authorization, per-
                                               amounts under clause (ii)(II) for the applica-          subsection (b) of section 35 of the Mineral            mit, verification, biological opinion, inci-
                                               ble fiscal year shall submit to the Secretary           Leasing Act (30 U.S.C. 191(b)) and section             dental take statement, or any other approval
                                               a report that describes the use of the                  5(a)(2) of this Act’’ and inserting ‘‘section          necessary for the construction and initial op-
                                               amounts by the eligible State during the pe-            5(a)(2)’’.                                             eration at full capacity of the Mountain Val-
                                               riod covered by the report.                               (3) Section 205(f) of the Federal Oil and Gas        ley Pipeline, including the issuance of any
                                                  ‘‘(II) PUBLIC AVAILABILITY.—On receipt of a          Royalty Management Act of 1982 (30 U.S.C.              authorization,        permit,         extension,
                                               report submitted under subclause (I), the               1735(f)) is amended—                                   verification, biological opinion, incidental
                                               Secretary shall make the report available to              (A) in the first sentence, by striking ‘‘this        take statement, or other approval described
                                               the public on the website of the Department             Section’’ and inserting ‘‘this section’’; and          in subsection (c) or (d) of this section for the
                                               of the Interior.                                          (B) by striking the fourth, fifth, and sixth         Mountain Valley Pipeline, whether issued
                                                  ‘‘(III) LIMITATION.—If the Governor of an            sentences.                                             prior to, on, or subsequent to the date of en-
                                               eligible State that receives amounts under              SEC. 384. SUNSET.                                      actment of this section, and including any
                                               clause (ii)(II) fails to submit the report re-            This subtitle, and the amendments made               lawsuit pending in a court as of the date of
                                               quired under subclause (I) by the deadline              by this subtitle, shall cease to have effect on        enactment of this section.
                                               specified in that subclause, any amounts                September 30, 2032, and on such date the pro-            (2) The United States Court of Appeals for
                                               that would otherwise be provided to the eli-            visions of law amended by this subtitle shall          the District of Columbia Circuit shall have
                                               gible State under clause (ii)(II) for the suc-          be restored or revived as if this subtitle had         original and exclusive jurisdiction over any
                                               ceeding fiscal year shall be deposited in the           not been enacted.                                      claim alleging the invalidity of this section
                                               Treasury.
                                                                                                                 Subtitle G—Miscellaneous                     or that an action is beyond the scope of au-
                                                  ‘‘(vii) TREATMENT OF AMOUNTS.—Amounts
                                                                                                       SEC. 391. EXPEDITING COMPLETION OF THE                 thority conferred by this section.
                                               disbursed to an eligible State under this sub-                                                                   (f) EFFECT.—This section supersedes any
                                                                                                                  MOUNTAIN VALLEY PIPELINE.
                                               section shall be treated as revenue sharing                                                                    other provision of law (including any other
                                               and not as a Federal award or grant for the               (a) DEFINITION OF MOUNTAIN VALLEY PIPE-
                                                                                                       LINE.—In this section, the term ‘‘Mountain             section of this Act or other statute, any reg-
                                               purposes of part 200 of title 2, Code of Fed-                                                                  ulation, any judicial decision, or any agency
                                               eral Regulations.’’.                                    Valley Pipeline’’ means the Mountain Valley
                                                                                                       Pipeline project, as generally described and           guidance) that is inconsistent with the
                                                  (b) WIND LEASE SALES FOR AREAS OF THE                                                                       issuance of any authorization, permit,
                                               OUTER CONTINENTAL SHELF OFFSHORE OF                     approved in Federal Energy Regulatory Com-
                                                                                                       mission Docket Nos. CP16–10, CP19–477, and             verification, biological opinion, incidental
                                               TERRITORIES OF THE UNITED STATES.—Sec-                                                                         take statement, or other approval for the
                                                                                                       CP21–57.




SSpencer on DSK126QN23PROD with SENATE
                                               tion 33 of the Outer Continental Shelf Lands                                                                   Mountain Valley Pipeline.
                                               Act (43 U.S.C. 1356c) is amended by adding at             (b) CONGRESSIONAL FINDINGS AND DECLARA-
                                                                                                       TION.—The Congress hereby finds and de-
                                                                                                                                                                                  ---
                                               the end the following:                                                                                           SA 130. Mr. BUDD submitted an
                                                  ‘‘(b) WIND LEASE SALE PROCEDURE.—Any                 clares that the timely completion of con-
                                               wind lease granted pursuant to this section             struction and operation of the Mountain Val-           amendment intended to be proposed by
                                               shall be considered a wind lease granted                ley Pipeline is required in the national inter-        him to the bill H.R. 3746, to provide for
                                               under section 8(p), including for purposes of           est. The Mountain Valley Pipeline will serve           a responsible increase to the debt ceil-
                                               the disposition of revenues pursuant to sub-            demonstrated natural gas demand in the                 ing; which was ordered to lie on the
                                               paragraphs (B) and (C) of section 8(p)(2).’’.           Northeast, Mid-Atlantic, and Southeast re-             table; as follows:



                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00099   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.082   S01JNPT1
                                               S1956                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                                 Strike title III of division B and insert the         issuing a significant regulatory action and            the written notice to the agency for resub-
                                               following:                                              the estimated cost saved by issuing any de-            mission in accordance with this title.
                                               TITLE III—REGULATORY BUDGETING AND                      regulatory action.                                       (3) AMOUNTS SPECIFIED.—The amounts
                                                 STATUTORY ADMINISTRATIVE PAY-AS-                        (12) REGULATION; RULE.—The term ‘‘regula-            specified in this paragraph are—
                                                 YOU-GO                                                tion’’ or ‘‘rule’’ has the meaning given the             (A) $1,000,000,000 over the 10-year period be-
                                               SEC. 261. SHORT TITLE.                                  term ‘‘rule’’ in section 551 of title 5, United        ginning with the current year; and
                                                This title may be cited as the ‘‘Regulatory            States Code.                                             (B) $100,000,000 in any given year during
                                               Budgeting and Administrative Pay-As-You-                  (13) REGULATORY ACTION.—The term ‘‘regu-             such 10-year period.
                                               Go Act of 2023’’.                                       latory action’’ means—                                   (b) NONDISCRETIONARY ACTIONS.—
                                               SEC. 262. DEFINITIONS.                                    (A) any regulation; and                                (1) IN GENERAL.—If an agency determines
                                                  In this title:                                         (B) any other regulatory guidance, state-            that an administrative action that would in-
                                                  (1) ADMINISTRATIVE ACTION.—The term ‘‘ad-            ment of policy, information collection re-             crease direct spending is required by law and
                                               ministrative action’’ means a ‘‘rule’’ as de-           quest, form, or reporting, recordkeeping, or           therefore is not a covered discretionary ad-
                                               fined in section 804(3) of title 5, United              disclosure requirements that imposes a bur-            ministrative action, before the agency final-
                                               States Code.                                            den on the public or governs agency oper-              izes that administrative action, the head of
                                                  (2) AGENCY.—The term ‘‘agency’’ means                ations.                                                the agency shall—
                                                                                                         (14) SIGNIFICANT REGULATORY ACTION.—The                (A) submit to the Director a written opin-
                                               any authority of the United States that is an
                                                                                                       term ‘‘significant regulatory action’’ means           ion by the general counsel of the agency, or
                                               ‘‘agency’’ under section 3502(1) of title 44,
                                                                                                       any regulatory action, other than monetary             the equivalent employee of the agency, ex-
                                               United States Code, other than those consid-
                                                                                                       policy proposed or implemented by the                  plaining that legal conclusion;
                                               ered to be independent regulatory agencies,
                                                                                                       Board of Governors of the Federal Reserve                (B) submit to the Director a projection of
                                               as defined in section 3502(5) of such title.
                                                                                                       System or the Federal Open Market Com-                 the amount of direct spending under the
                                                  (3) COSTS.—The term ‘‘costs’’ means oppor-
                                                                                                       mittee, that is likely to—                             least costly implementation option reason-
                                               tunity cost to society.
                                                                                                         (A) have an annual effect on the economy             ably identifiable by the agency that meets
                                                  (4) COST SAVINGS.—The term ‘‘cost sav-
                                                                                                       of $100,000,000 or more or adversely affect in         the requirements under the statute; and
                                               ings’’ means the cost imposed by a regu-
                                                                                                       a material way the economy, a sector of the              (C) consult with the Director regarding im-
                                               latory action that is eliminated by the re-             economy, productivity, competition, jobs,
                                               peal, replacement, or modification of the                                                                      plementation of the administrative action.
                                                                                                       the environment, public health or safety, or             (2) APPROVAL REQUIRED.—An administra-
                                               regulatory action.                                      State, local, or Tribal governments or com-
                                                  (5) COVERED DISCRETIONARY ADMINISTRATIVE                                                                    tive action described in paragraph (1) shall
                                                                                                       munities;                                              have no effect unless the Director—
                                               ACTION.—The term ‘‘covered discretionary
                                                                                                         (B) create a serious inconsistency or other-           (A) certifies the administrative action is
                                               administrative action’’ means a discre-                 wise interfere with an action taken or
                                               tionary administrative action that would af-                                                                   required by law and therefore is not a cov-
                                                                                                       planned by another agency;                             ered discretionary administrative action;
                                               fect direct spending.                                     (C) materially alter the budgetary impact
                                                  (6) DEREGULATORY ACTION.—The term ‘‘de-                                                                     and
                                                                                                       of entitlements, grants, user fees, or loan              (B) approves the administrative action in
                                               regulatory action’’ means the repeal, re-               programs or the rights and obligations of re-
                                               placement, or modification of an existing                                                                      advance in writing and the written approval
                                                                                                       cipients thereof; or
                                               regulatory action.                                                                                             is publicly available online prior to the
                                                                                                         (D) raise a novel legal or policy issue.
                                                  (7) DIRECT SPENDING.—The term ‘‘direct                                                                      issuance of the administrative action.
                                                                                                         (15) STATE.—The term ‘‘State’’ means each
                                               spending’’ has the meaning given that term                                                                       (c) PROJECTIONS.—Any projection for pur-
                                                                                                       of the several States, the District of Colum-
                                               in section 250(c) of the Balanced Budget and                                                                   poses of this title shall be conducted in ac-
                                                                                                       bia, and each territory or possession of the
                                               Emergency Deficit Control Act of 1985 (2                                                                       cordance with Office of Management and
                                                                                                       United States.
                                               U.S.C. 900(c)).                                                                                                Budget Circular A–11, or any successor there-
                                                                                                       SEC. 263. REQUIREMENTS FOR ADMINISTRATIVE
                                                  (8) DIRECTOR.—The term ‘‘Director’’ means                        ACTIONS THAT AFFECT DIRECT                 to.
                                               the Director of the Office of Management                            SPENDING.                                    (d) ISSUANCE OF ADMINISTRATIVE GUID-
                                               and Budget.                                               (a) DISCRETIONARY ADMINISTRATIVE AC-                 ANCE.—Not later than 90 days after the date
                                                  (9) DISCRETIONARY ADMINISTRATIVE AC-                 TIONS.—                                                of enactment of this Act, the Director shall
                                               TION.—The term ‘‘discretionary administra-                (1) IN GENERAL.—Before an agency may fi-             issue instructions regarding the implementa-
                                               tive action’’—                                          nalize any covered discretionary administra-           tion of this title, including how covered dis-
                                                  (A) means any administrative action that             tive action, the head of the agency shall sub-         cretionary administrative actions that in-
                                               is not required by law; and                             mit to the Director for review written notice          crease direct spending and nontax receipts
                                                  (B) includes an administrative action re-            regarding the covered discretionary adminis-           will be evaluated.
                                               quired by law for which an agency has dis-              trative action, which shall include an esti-           SEC. 264. REGULATORY PLANNING AND BUDGET.
                                               cretion in the manner in which to implement             mate of the budgetary effects of the covered             (a) UNIFIED AGENDA AND ANNUAL REGU-
                                               the administrative action.                              discretionary administrative action.                   LATORY PLAN.—
                                                  (10) INCREASE DIRECT SPENDING.—The term                (2) INCREASING DIRECT SPENDING.—                       (1) UNIFIED REGULATORY AGENDA.—During
                                               ‘‘increase direct spending’’ means that the               (A) IN GENERAL.—If the covered discre-               the months of April and October of each
                                               amount of direct spending would increase                tionary administrative action would in-                year, the Director shall publish a unified reg-
                                               relative to—                                            crease direct spending in an amount equal to           ulatory agenda, which shall include—
                                                  (A) the most recently submitted projection           or exceeding the amounts specified in para-              (A) regulatory and deregulatory actions
                                               of the amount of direct spending presented              graph (3), the written notice submitted by             under development or review at agencies;
                                               in baseline estimates as defined in section             the head of the agency under paragraph (1)               (B) a Federal regulatory plan of all signifi-
                                               257 of the Balanced Budget and Emergency                shall identify 1 or more other administrative          cant regulatory actions and associated de-
                                               Deficit Control Act of 1985, as amended,                actions that would provide a reduction in di-          regulatory actions that agencies reasonably
                                               under—                                                  rect spending greater than or equal to the in-         expect to issue in proposed or final form in
                                                  (i) the budget of the President submitted            crease in direct spending attributable to the          the current and following fiscal year; and
                                               under section 1105 of title 31, United States           covered discretionary administrative action.             (C) all information required to be included
                                               Code; or                                                To the extent feasible, the head of such agen-         in the regulatory flexibility agenda under
                                                  (ii) the supplemental summary of the budg-           cy shall issue such administrative actions             section 602 of title 5, United States Code.
                                               et submitted under section 1106 of title 31,            that would provide a reduction in direct                 (2) AGENCY SUBMISSIONS.—In accordance
                                               United States Code;                                     spending before or on the same schedule as             with guidance issued by the Director and not
                                                  (B) with respect to a discretionary admin-           the covered discretionary administrative ac-           less than 60 days before each date of publica-
                                               istrative action that is incorporated into the          tion.                                                  tion for the unified regulatory agenda under
                                               applicable projection described in subpara-               (B) REVIEW.—                                         paragraph (1), the head of each agency shall
                                               graph (A) and for which a proposal has not                (i) IN GENERAL.—The Director shall deter-            submit to the Director an agenda of all regu-
                                               been submitted under section 263(a)(2)(A), a            mine whether the reduction in direct spend-            latory actions and deregulatory actions
                                               projection of the amount of direct spending             ing in a proposal in a written notice from an          under development at the agency, including
                                               if no administrative action were taken; or              agency under subparagraph (A) is greater               the following:
                                                  (C) with respect to a discretionary admin-           than or equal to the increase in direct spend-           (A) For each regulatory action and deregu-
                                               istrative action described in paragraph                 ing attributable to the covered discretionary          latory action:




SSpencer on DSK126QN23PROD with SENATE
                                               (9)(B), a projection of the amount of direct            administrative action to which the written               (i) A regulation identifier number.
                                               spending under the least costly implementa-             notice relates.                                          (ii) A brief summary of the action.
                                               tion option reasonably identifiable by the                (ii) NO OFFSET.—If the written notice re-              (iii) The legal authority for the action.
                                               agency that meets the requirements under                garding a proposed covered discretionary ad-             (iv) Any legal deadline for the action.
                                               the statute.                                            ministrative action that would increase di-              (v) The name and contact information for
                                                  (11) INCREMENTAL REGULATORY COST.—The                rect spending does not include a proposal to           a knowledgeable agency official.
                                               term ‘‘incremental regulatory cost’’ means              offset the increased direct spending as deter-           (vi) Any other information as required by
                                               the difference between the estimated cost of            mined in clause (i), the Director shall return         the Director.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00100   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.084   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                      S1957
                                                 (B) An annual regulatory plan, which shall            tribute to the agency exceeding the incre-               (e) ADDITIONAL SPENDING LIMITS.—For pur-
                                               include a list of each significant regulatory           mental regulatory cost allowance of the                poses
                                               action the agency reasonably expects to                 agency for that fiscal year; and
                                               issue in proposed or final form in the current            (C) significant regulatory action was in-              SA 132. Mr. MERKLEY (for himself,
                                               and following fiscal year, including for each           cluded on the most recent version or update            Mr. WELCH, Mr. MARKEY, Mr. MENEN-
                                               significant regulatory action:                          of the published unified regulatory agenda;            DEZ, and Mr. SANDERS) submitted an
                                                 (i) A summary, including the following:               or                                                     amendment intended to be proposed by
                                                 (I) A statement of the regulatory objec-                (2) the issuance of the significant regu-            him to the bill H.R. 3746, to provide for
                                               tives.                                                  latory action was approved in advance in
                                                 (II) The legal authority for the action.              writing by the Director and the written ap-
                                                                                                                                                              a responsible increase to the debt ceil-
                                                 (III) A statement of the need for the ac-             proval is publicly available online prior to           ing; which was ordered to lie on the
                                               tion.                                                   the issuance of the significant regulatory ac-         table; as follows:
                                                 (IV) The agency’s schedule for the action.            tion.                                                    Strike sections 321 through 323.
                                                 (ii) The estimated cost.                                (d) GUIDANCE BY OMB.—
                                                 (iii) The estimated benefits.                           (1) IN GENERAL.—Not later than 90 days                 SA 133. Mr. MERKLEY (for himself
                                                 (iv) Any deregulatory action identified to            after the date of enactment of this Act, the           and Mr. KAINE) submitted an amend-
                                               offset the estimated cost of such significant           Director shall establish and issue guidance
                                               regulatory action and an explanation of how
                                                                                                                                                              ment intended to be proposed by him
                                                                                                       on how agencies should comply with the re-
                                               the agency will continue to achieve regu-               quirements of this section, which shall in-            to the bill H.R. 3746, to provide for a re-
                                               latory objectives if the deregulatory action            clude the following:                                   sponsible increase to the debt ceiling;
                                               is taken.                                                 (A) A process for standardizing the meas-            which was ordered to lie on the table;
                                                 (v) A best approximation of the total cost            urement and estimation of regulatory costs,            as follows:
                                               or savings and any cost or savings associated           including cost savings associated with de-               On page 17, between lines 8 and 9, insert
                                               with a deregulatory action.                             regulatory actions.                                    the following:
                                                 (vi) An estimate of the economic effects,               (B) Standards for determining what quali-            SEC. 104. ADDITIONAL PRESIDENTIAL MODIFICA-
                                               including any estimate of the net effect that           fies as a deregulatory action.                                     TION OF THE DEBT CEILING.
                                               such action will have on the number of jobs               (C) Standards for determining the costs of             (a) SHORT TITLE.—This section may be
                                               in the United States, that was considered in            existing regulatory actions that are consid-           cited as the ‘‘Protect Our Citizens from
                                               drafting the action, or, if such estimate is            ered for repeal, replacement, or modifica-             Reckless Extortion of our Debt and Irrespon-
                                               not available, a statement affirming that no            tion.                                                  sible Tactics Act of 2023’’ or the ‘‘Protect
                                               information on the economic effects, includ-              (D) A process for accounting for costs in            Our CREDIT Act of 2023’’.
                                               ing the effect on the number of jobs, of the            different fiscal years.                                   (b) AMENDMENTS.—Subchapter I of chapter
                                               action has been considered.                               (E) Methods to oversee the issuance of sig-          31 of subtitle III of title 31, United States
                                                 (C) Information required under section 602            nificant regulatory actions offset by cost             Code, is amended—
                                               of title 5, United States Code.                         savings achieved at different times or by dif-            (1) in section 3101(b), by inserting ‘‘or
                                                 (D) Information required under any other              ferent agencies.                                       3101B’’ after ‘‘section 3101A’’; and
                                               law to be reported by agencies about signifi-             (F) Emergencies and other circumstances                 (2) by inserting after section 3101A the fol-
                                               cant regulatory actions, as determined by               that may justify individual waivers of the re-         lowing:
                                               the Director.                                           quirements of this section.
                                                 (b) FEDERAL REGULATORY BUDGET.—                                                                              ‘‘§ 3101B. Additional Presidential modifica-
                                                                                                         (G) Standards by which the Director will                tion of the debt ceiling
                                                 (1) ESTABLISHMENT.—In the April unified
                                                                                                       determine whether a regulatory action or a                ‘‘(a) DEFINITION.—In this section, the term
                                               regulatory agenda described in subsection
                                                                                                       collection of regulatory actions qualifies as          ‘joint resolution’ means only a joint resolu-
                                               (a), the Director—
                                                                                                       a significant regulatory action.                       tion—
                                                 (A) shall establish the annual Federal Reg-
                                                                                                         (2) UPDATES TO GUIDANCE.—The Director                   ‘‘(1) that is introduced during the period—
                                               ulatory Budget, which specifies the net
                                                                                                       shall update the guidance issued pursuant to              ‘‘(A) beginning on the date a certification
                                               amount of incremental regulatory costs al-
                                                                                                       this section as necessary.                             described in paragraph (1) or (2) of subsection
                                               lowed by the Federal Government and at
                                                                                                       SEC. 265. WAIVER.
                                               each agency for the next fiscal year; and                                                                      (b) is received by Congress; and
                                                                                                         (a) IN GENERAL.—The Director may waive                  ‘‘(B) ending on the date that is 3 legislative
                                                 (B) may set the incremental regulatory
                                                                                                       the requirements of section 263(a) if the Di-          days (excluding any day on which it is not in
                                               cost allowance to allow an increase, prohibit
                                                                                                       rector concludes that the waiver—                      order to introduce resolutions) after the date
                                               an increase, or require a decrease of incre-
                                                                                                         (1) is necessary for the delivery of essential       described in subparagraph (A);
                                               mental regulatory costs.
                                                                                                       services; or                                              ‘‘(2) which does not have a preamble;
                                                 (2) DEFAULT NET INCREMENTAL REGULATORY
                                                                                                         (2) is necessary for effective program deliv-           ‘‘(3) the title of which is only as follows:
                                               COST.—If the Director does not set a net
                                                                                                       ery.                                                   ‘Joint resolution relating to the disapproval
                                               amount of incremental regulatory costs al-                (b) PUBLICATION.—Any waiver determina-
                                               lowed for an agency, the net incremental                                                                       of the President’s exercise of authority to in-
                                                                                                       tion under subsection (a) shall be published
                                               regulatory cost allowed shall be zero.                                                                         crease the debt limit, as submitted under
                                                                                                       in the Federal Register.
                                                 (3) BALANCE ROLLOVER OF INCREMENTAL                     (c) APPLICABILITY OF THE CONGRESSIONAL               section 3101B of title 31, United States Code,
                                               REGULATORY COST ALLOWANCE.—                             REVIEW ACT.—A waiver determination under               on llllll’ (with the blank containing
                                                 (A) IN GENERAL.—If an agency does not ex-             subsection (a) shall be considered a rule for          the date of such submission); and
                                               haust all of the incremental regulatory cost            the purposes of chapter 8 of title 5, United              ‘‘(4) the matter after the resolving clause
                                               allowance for a fiscal year, the balance may            States Code.                                           of which is only as follows: ‘That Congress
                                               be added to the incremental regulatory cost             SEC. 266. GAO REPORT.                                  disapproves of the President’s exercise of au-
                                               allowance for the subsequent fiscal year,                 Within 180 days of the date of enactment of          thority to increase the debt limit, as exer-
                                               without increasing the incremental regu-                this Act, the Comptroller General shall issue          cised pursuant to the certification submitted
                                               latory costs allowed for the Federal Govern-            a report on the implementation of this title.          under section 3101B(b) of title 31, United
                                               ment for the subsequent fiscal year.                    SEC. 267. CONGRESSIONAL REVIEW ACT COMPLI-
                                                                                                                                                              States Code, on llllll.’ (with the blank
                                                 (B) TOTAL CARRYOVER.—The Director shall                           ANCE ASSESSMENT.                           containing the date of such submission).
                                               identify the total carryover incremental reg-             Section 801(a)(2)(A) of title 5, United States          ‘‘(b) SUBMISSIONS TO CONGRESS.—
                                               ulatory cost allowance available to an agen-            Code, is amended by inserting after ‘‘compli-             ‘‘(1) ANNUAL SUBMISSION.—Before the begin-
                                               cy in the Federal Regulatory Budget.                    ance with procedural steps required by para-           ning of each fiscal year, the President shall
                                                 (c) SIGNIFICANT REGULATORY ACTION RE-                 graph (1)(B)’’ the following: ‘‘, and shall in         submit to Congress a written certification
                                               QUIREMENTS.—Except as otherwise required                addition include an assessment of the agen-            specifying the amount of obligations that
                                               by law, a significant regulatory action shall           cy’s compliance with such requirements of              are subject to limit under section 3101(b), in
                                               have no effect unless—                                  the Regulatory Budgeting and Administra-               addition to the amount of such obligations
                                                 (1) the—                                              tive Pay-As-You-Go Act of 2023 as may be ap-           authorized to be outstanding on the date of
                                                 (A) head of the agency identifies not less            plicable’’.                                            the certification, that the President deter-
                                               than 2 deregulatory actions to offset the                                                                      mines it shall be necessary to issue during
                                               costs of the significant regulatory action,               SA 131. Mr. CRUZ submitted an                        the next fiscal year to meet existing com-
                                               and to the extent feasible, issues those de-                                                                   mitments.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       amendment intended to be proposed by
                                               regulatory actions before or on the same                                                                          ‘‘(2) SUBMISSION DURING FISCAL YEAR.—If
                                                                                                       him to the bill H.R. 3746, to provide for
                                               schedule as the significant regulatory ac-                                                                     the President determines during a fiscal year
                                               tion;                                                   a responsible increase to the debt ceil-               that the debt subject to limit under section
                                                 (B) incremental costs of the significant              ing; which was ordered to lie on the                   3101(b) is within $250,000,000,000 of such limit
                                               regulatory action as offset by any deregula-            table; as follows:                                     and that further borrowing is necessary to
                                               tory action issued before or on the same                  Beginning on page 9, strike line 18 and all          meet existing commitments, the President
                                               schedule as the significant regulatory action           that follows through page 11, line 13, and in-         shall submit to Congress a written certifi-
                                               do not cause the agency to exceed or con-               sert the following:                                    cation—




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00101   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.084   S01JNPT1
                                               S1958                                             CONGRESSIONAL RECORD — SENATE                                                             June 1, 2023
                                                 ‘‘(A) specifying the amount of obligations            the joint resolution, to move to proceed to            had been received from the other House, ex-
                                               that are subject to limit under section                 consider the joint resolution in the House of          cept that the vote on final passage shall be
                                               3101(b), in addition to the amount of such ob-          Representatives. All points of order against           on the joint resolution of the other House.
                                               ligations authorized to be outstanding on the           the motion are waived. Such a motion shall                ‘‘(2) TREATMENT OF JOINT RESOLUTION OF
                                               date of the certification, that the President           not be in order after the House of Represent-          OTHER HOUSE.—If the Senate fails to intro-
                                               determines it shall be necessary to issue dur-          atives has disposed of a motion to proceed on          duce or consider a joint resolution under this
                                               ing the fiscal year to meet existing commit-            a joint resolution addressing a particular             section, the joint resolution of the House
                                               ments; and                                              submission. The previous question shall be             shall be entitled to expedited floor proce-
                                                 ‘‘(B) containing the reason for any discrep-          considered as ordered on the motion to its             dures under this section.
                                               ancy from the certification submitted under             adoption without intervening motion. The                  ‘‘(3) TREATMENT OF COMPANION MEASURES.—
                                               paragraph (1) for the fiscal year.                      motion shall not be debatable. A motion to             If, following passage of the joint resolution
                                                 ‘‘(3) EFFECT OF FAILURE TO ENACT DIS-                 reconsider the vote by which the motion is             in the Senate, the Senate receives the com-
                                               APPROVAL.—If a joint resolution is not en-              disposed of shall not be in order.                     panion measure from the House of Rep-
                                               acted with respect to a certification under               ‘‘(3) CONSIDERATION.—The joint resolution            resentatives, the companion measure shall
                                               paragraph (1) or (2) during the 15-legislative-         shall be considered as read. All points of             not be debatable.
                                               day period beginning on the date on which               order against the joint resolution and                    ‘‘(4) CONSIDERATION AFTER PASSAGE.—
                                               Congress receives the certification, the limit          against its consideration are waived. The                 ‘‘(A) IN GENERAL.—If Congress passes a
                                               under section 3101(b) is increased by the               previous question shall be considered as or-           joint resolution, the period beginning on the
                                               amount specified in the certification.                  dered on the joint resolution to its passage           date the President is presented with the
                                                 ‘‘(4) EFFECT OF ENACTMENT OF DIS-                     without intervening motion except 2 hours of           joint resolution and ending on the date the
                                               APPROVAL.—If a joint resolution is enacted              debate equally divided and controlled by the           President signs, allows to become law with-
                                               with respect to a certification under para-             proponent and an opponent. An amendment                out his signature, or vetoes and returns the
                                               graph (1) or (2) during the 15-legislative-day          to the joint resolution or a motion to recon-          joint resolution (but excluding days when ei-
                                               period beginning on the date on which Con-              sider the vote on passage of the joint resolu-         ther House is not in session) shall be dis-
                                               gress receives the certification, the limit             tion shall not be in order.                            regarded in computing the legislative day
                                               under section 3101(b)—                                    ‘‘(e) EXPEDITED PROCEDURE IN SENATE.—                period described in paragraphs (3) and (4) of
                                                 ‘‘(A) shall not be increased by the amount              ‘‘(1) PLACEMENT ON CALENDAR.—Upon intro-             subsection (b) and subsection (c)(1).
                                               specified in the certification; and                     duction in the Senate, a joint resolution                 ‘‘(B) DEBATE.—Debate on a veto message in
                                                 ‘‘(B) shall be increased in accordance with           shall be immediately placed on the calendar.           the Senate under this section shall be 1 hour
                                               subsection (c)(2).                                        ‘‘(2) FLOOR CONSIDERATION.—
                                                                                                                                                              equally divided between the majority and
                                                 ‘‘(c) SUSPENSION FOR MID-YEAR CERTIFI-                  ‘‘(A) IN GENERAL.—Notwithstanding rule
                                                                                                                                                              minority leaders or their designees.
                                               CATION.—                                                XXII of the Standing Rules of the Senate, it
                                                                                                                                                                 ‘‘(5) VETO OVERRIDE.—If within the legisla-
                                                 ‘‘(1) IN GENERAL.—Section 3101(b) shall not           is in order at any time during the period be-
                                                                                                                                                              tive day period described in paragraphs (3)
                                               apply for the period—                                   ginning on the day after the date on which
                                                                                                                                                              and (4) of subsection (b) and subsection (c)(1),
                                                 ‘‘(A) beginning on the date on which the              Congress receives a certification under para-
                                                                                                                                                              Congress overrides a veto of a joint resolu-
                                               President submits to Congress a certification           graph (1) or (2) of subsection (b) and ending
                                                                                                                                                              tion, except as provided in subsection (c)(2),
                                               under subsection (b)(2); and                            on the sixth day after the date of introduc-
                                                                                                                                                              the limit on debt provided in section 3101(b)
                                                 ‘‘(B) ending on the earlier of—                       tion of a joint resolution (even though a pre-
                                                 ‘‘(i) the date that is 15 legislative days                                                                   shall not be raised under this section.
                                                                                                       vious motion to the same effect has been dis-
                                                                                                                                                                 ‘‘(g) RULES OF HOUSE OF REPRESENTATIVES
                                               after Congress receives the certification; or           agreed to) to move to proceed to the consid-
                                                                                                                                                              AND SENATE.—Subsections (a), (d), (e), and (f)
                                                 ‘‘(ii) the date of enactment of a joint reso-         eration of the joint resolution, and all points        (except for paragraphs (4)(A) and (5) of such
                                               lution with respect to the certification.               of order against the joint resolution (and             subsection) are enacted by Congress—
                                                 ‘‘(2) SPECIAL RULE RELATING TO OBLIGATIONS            against consideration of the joint resolution)            ‘‘(1) as an exercise of the rulemaking power
                                               ISSUED DURING SUSPENSION PERIOD.—                       are waived. The motion to proceed is not de-
                                                                                                                                                              of the Senate and House of Representatives,
                                                 ‘‘(A) IN GENERAL.—If a joint resolution is            batable. The motion is not subject to a mo-
                                                                                                                                                              respectively, and as such it is deemed a part
                                               enacted with respect to a certification under           tion to postpone. A motion to reconsider the
                                                                                                                                                              of the rules of each House, respectively, but
                                               subsection (b)(2), effective on the day after           vote by which the motion is agreed to or dis-
                                                                                                                                                              applicable only with respect to the procedure
                                               such date of enactment, the limitation in               agreed to shall not be in order. If a motion
                                                                                                                                                              to be followed in that House in the case of a
                                               section 3101(b) is increased to the extent              to proceed to the consideration of the resolu-
                                                                                                                                                              joint resolution, and it supersedes other
                                               that—                                                   tion is agreed to, the joint resolution shall
                                                                                                                                                              rules only to the extent that it is incon-
                                                 ‘‘(i) the face amount of obligations issued           remain the unfinished business until dis-
                                                                                                                                                              sistent with such rules; and
                                               under this chapter and the face amount of               posed of.
                                                                                                                                                                 ‘‘(2) with full recognition of the constitu-
                                               obligations whose principal and interest are              ‘‘(B) CONSIDERATION.—Consideration of the
                                                                                                                                                              tional right of either House to change the
                                               guaranteed by the United States Govern-                 joint resolution, and on all debatable mo-
                                                                                                                                                              rules (so far as relating to the procedure of
                                               ment (except guaranteed obligations held by             tions and appeals in connection therewith,
                                                                                                                                                              that House) at any time, in the same man-
                                               the Secretary of the Treasury) outstanding              shall be limited to not more than 10 hours,
                                                                                                                                                              ner, and to the same extent as in the case of
                                               on the calendar day after such date of enact-           which shall be divided equally between the
                                                                                                                                                              any other rule of that House.’’.
                                               ment, exceeds                                           majority and minority leaders or their des-               (c) CONFORMING AMENDMENT.—The table of
                                                 ‘‘(ii) the face amount of such obligations            ignees. A motion further to limit debate is in         sections for chapter 31 of title 31, United
                                               outstanding on the date on which the Presi-             order and not debatable. An amendment to,              States Code, is amended by inserting after
                                               dent submits the certification.                         or a motion to postpone, or a motion to pro-           the item relating to section 3101A the fol-
                                                 ‘‘(B) LIMITATION.—An obligation shall not             ceed to the consideration of other business,           lowing:
                                               be taken into account under subparagraph                or a motion to recommit the joint resolution           ‘‘3101B. Additional Presidential modification
                                               (A) unless the issuance of such obligation              is not in order.                                                       of the debt ceiling.’’.
                                               was necessary to fund a commitment in-                    ‘‘(C) VOTE ON PASSAGE.—If the Senate has                                  ---
                                               curred by the Federal Government that re-               voted to proceed to a joint resolution, the              SA 134. Mr. BUDD proposed an
                                               quired payment during the 15-legislative-day            vote on passage of the joint resolution shall          amendment to the bill H.R. 3746, to
                                               period described in paragraph (1)(B)(i).                occur immediately following the conclusion
                                                 ‘‘(d) EXPEDITED CONSIDERATION IN HOUSE OF                                                                    provide for a responsible increase to
                                                                                                       of consideration of the joint resolution, and
                                               REPRESENTATIVES.—                                       a single quorum call at the conclusion of the          the debt ceiling; as follows:
                                                 ‘‘(1) REPORTING AND DISCHARGE.—Any com-               debate if requested in accordance with the               Strike title I of division B and insert the
                                               mittee of the House of Representatives to               rules of the Senate.                                   following:
                                               which a joint resolution is referred shall re-            ‘‘(D) RULINGS OF THE CHAIR ON PROCE-                  TITLE I—RESCISSION OF UNOBLIGATED
                                               port it to the House of Representatives with-           DURE.—Appeals from the decisions of the                                    FUNDS
                                               out amendment not later than 5 calendar                 Chair relating to the application of the rules         SEC.    201.    RESCISSION  OF  UNOBLIGATED
                                               days after the date of introduction of the              of the Senate, as the case may be, to the pro-                        CORONAVIRUS FUNDS.
                                               joint resolution. If a committee fails to re-           cedure relating to a joint resolution shall be           The unobligated balances of amounts ap-
                                               port the joint resolution within that period,           decided without debate.                                propriated or otherwise made available by
                                               the committee shall be discharged from fur-               ‘‘(f) COORDINATION WITH ACTION BY OTHER              the American Rescue Plan Act of 2021 (Pub-
                                               ther consideration of the joint resolution              HOUSE.—                                                lic Law 117–2), and by each of Public Laws




SSpencer on DSK126QN23PROD with SENATE
                                               and the joint resolution shall be referred to             ‘‘(1) IN GENERAL.—If, before passing the             116–123, 116–127, 116–136, and 116–139 and divi-
                                               the appropriate calendar.                               joint resolution, one House receives from the          sions M and N of Public Law 116–260, are
                                                 ‘‘(2) PROCEEDING TO CONSIDERATION.—After              other a joint resolution—                              hereby permanently rescinded, except for—
                                               each committee authorized to consider a                   ‘‘(A) the joint resolution of the other                (1) such amounts that were appropriated or
                                               joint resolution reports it to the House of             House shall not be referred to a committee;            otherwise made available to the Department
                                               Representatives or has been discharged from             and                                                    of Veterans Affairs; and
                                               its consideration, it shall be in order, not              ‘‘(B) the procedure in the receiving House             (2) amounts made available under section
                                               later than the sixth day after introduction of          shall be the same as if no joint resolution            601 of division HH of Public Law 117–328.




                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00102   Fmt 0624   Sfmt 0634   E:\CR\FM\A01JN6.084   S01JNPT1
                                               June 1, 2023                                      CONGRESSIONAL RECORD — SENATE                                                                    S1959
                                                AUTHORITY FOR COMMITTEES TO                                     SIGNING AUTHORITY                             forma session with no business being
                                                                MEET                                     Mr. SCHUMER. Mr. President, I ask                    conducted on Friday, June 2, at 10:15
                                                 Mr. SCHUMER. Madam President, I                       unanimous consent that the junior                      a.m.; that when the Senate adjourns on
                                               have three requests for committees to                   Senator from Illinois, the senior Sen-                 Friday, it stand adjourned until 3 p.m.
                                               meet during today’s session of the Sen-                 ator from Hawaii, and the junior Sen-                  on Tuesday, June 6; that on Tuesday,
                                               ate. They have the approval of the Ma-                  ator from Maryland be authorized to                    following the prayer and pledge, the
                                               jority and Minority Leaders.                            sign duly enrolled bills or joint resolu-              Journal of proceedings be approved to
                                                 Pursuant to rule XXVI, paragraph                      tions from June 1, 2023, through June 5,               date, the morning hour be deemed ex-
                                               5(a), of the Standing Rules of the Sen-                 2023.                                                  pired, the time for the two leaders be
                                               ate, the following committees are au-                     The PRESIDING OFFICER. Without                       reserved for their use later in the day,
                                               thorized to meet during today’s session                 objection, it is so ordered.                           and morning business be closed; that
                                               of the Senate:                                                                                                 following the conclusion of morning
                                                                                                                         f
                                                    COMMITTEE ON ENERGY AND NATURAL
                                                                                                                                                              business, the Senate proceed to execu-
                                                               RESOURCES                                RESOLUTIONS SUBMITTED TODAY                           tive session to resume consideration of
                                                 The Committee on Energy and Nat-                        Mr. SCHUMER. Mr. President, I ask                    the Crane nomination; further, that
                                               ural Resources is authorized to meet                    unanimous consent that the Senate                      the cloture motions filed during to-
                                               during the session of the Senate on                     proceed to the en bloc consideration of                day’s session ripen at 5:30 p.m. on Tues-
                                               Thursday, June 1, 2023, at 10 a.m., to                  the following Senate resolutions: S.                   day, June 6.
                                               conduct a hearing.                                      Res. 232, S. Res. 233, S. Res. 234, and S.               The PRESIDING OFFICER. Without
                                                     COMMITTEE ON FOREIGN RELATIONS                    Res. 235.                                              objection, it is so ordered.
                                                 The Committee on Foreign Relations                      There being no objection, the Senate
                                                                                                       proceeded to consider the resolutions                                    f
                                               is authorized to meet during the ses-
                                               sion of the Senate on Thursday, June 1,                 en bloc.
                                               2023, at 10:30 a.m., to conduct a busi-                   Mr. SCHUMER. Mr. President, I ask                      ADJOURNMENT UNTIL 10:15 A.M.
                                               ness meeting.                                           unanimous consent that the resolu-                                    TOMORROW
                                                        COMMITTEE ON THE JUDICIARY                     tions be agreed to, the preambles be                     Mr. SCHUMER. Mr. President, if
                                                 The Committee on the Judiciary is                     agreed to, and the motions to recon-                   there is no further business to come be-
                                               authorized to meet during the session                   sider be considered made and laid upon                 fore the Senate, I ask that it stand ad-
                                               of the Senate on Thursday, June 1,                      the table, all en bloc.                                journed under the previous order.
                                               2023, at 10 a.m., to conduct an execu-                    The PRESIDING OFFICER. Without                         There being no objection, the Senate,
                                               tive business meeting.                                  objection, it is so ordered.                           at 11:25 p.m., adjourned until Friday,
                                                                f
                                                                                                         The resolutions were agreed to.                      June 2, 2023, at 10:15 a.m.
                                                                                                         The preambles were agreed to.
                                                   PRIVILEGES OF THE FLOOR                               (The resolutions, with their pre-                                      f
                                                 Mr. PAUL. Madam President, I ask                      ambles, are printed in today’s RECORD
                                               unanimous consent that the following                    under ‘‘Submitted Resolutions.’’)
                                                                                                                                                                          NOMINATIONS
                                               interns from my office be granted floor                                   f
                                               privileges until June 30, 2023: Maddie                                                                           Executive nomination received by
                                               Jackson, Joseph Thoburn, Maddalena                       ORDERS FOR FRIDAY, JUNE 2, 2023                       the Senate:
                                               Wasinger, Brett Logsdon, and Mary                         Mr. SCHUMER. Mr. President, I ask                                 DEPARTMENT OF STATE
                                               Kate Barbee.                                            unanimous consent that when the Sen-                    SEAN PATRICK MALONEY, OF NEW YORK, TO BE REP-
                                                                                                                                                              RESENTATIVE OF THE UNITED STATES OF AMERICA TO
                                                 The PRESIDING OFFICER. Without                        ate completes its business today, it                   THE ORGANIZATION FOR ECONOMIC COOPERATION AND
                                               objection, it is so ordered.                            stand adjourned to convene for a pro                   DEVELOPMENT, WITH THE RANK OF AMBASSADOR.




SSpencer on DSK126QN23PROD with SENATE



                                         VerDate Sep 11 2014   08:09 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00103   Fmt 0624   Sfmt 9801   E:\CR\FM\A01JN6.079   S01JNPT1
                                                June 1, 2023                           CONGRESSIONAL RECORD — Extensions of Remarks                                                                    E511

                                                                                         EXTENSIONS OF REMARKS
                                                RECOGNIZING ELIJAH                    HAM FOR           RECOGNIZING MARK ABELL FOR                                In 1998, Amy transitioned to a learning con-
                                                 HIS   ACCEPTANCE                     TO   THE           HIS   ACCEPTANCE  TO   THE                            sultant role and, while she left her beloved
                                                 UNITED    STATES                     MILITARY           UNITED    STATES  MILITARY                            classroom, her students remained at the heart
                                                 ACADEMY                                                 ACADEMY                                               of her work and decisions. This remained the
                                                                                                                                                               case when she was appointed principal of the
                                                            HON. RICK W. ALLEN                                      HON. RICK W. ALLEN                         University Hills in 2000, and has continued
                                                                   OF GEORGIA                                               OF GEORGIA
                                                                                                                                                               throughout her nearly quarter-century tenure in
                                                   IN THE HOUSE OF REPRESENTATIVES                                                                             that position. Valuing positive relationships
                                                                                                             IN THE HOUSE OF REPRESENTATIVES
                                                           Thursday, June 1, 2023                                                                              and collaboration above all, Amy is famous for
                                                                                                                   Thursday, June 1, 2023                      knowing not just the names of the students in
                                                   Mr. ALLEN. Mr. Speaker, I rise today to                 Mr. ALLEN. Mr. Speaker, I rise today to             her building but their stories, and for turning
                                                congratulate my constituent, Elijah Ham, upon           congratulate my constituent, Mark Abell, upon          her staff meetings into ‘‘celebration meetings.’’
                                                his acceptance to the United States Military            his acceptance to the United States Military           On any given day, she is seen where it mat-
                                                Academy at West Point.                                  Academy at West Point.                                 ters the most: wherever her students are. That
                                                   As a future cadet, he will be joining the                                                                   meant in the hallways, classrooms, play-
                                                                                                           As a future cadet, he will be joining the
                                                ranks of the world’s most fearsome fighting                                                                    ground, and even at events outside the
                                                                                                        ranks of the world’s most fearsome fighting
                                                force—the United States Army—guided by                                                                         school. Her school has been, and will always
                                                                                                        force—the United States Army—guided by
                                                duty, honor, and country.                                                                                      be, an extension of her family and herself.
                                                                                                        duty, honor, and country.
                                                   The service and sacrifice of America’s mili-
                                                                                                           The service and sacrifice of America’s mili-           Amy earned many accolades in her long ca-
                                                tary personnel have safeguarded our Nation
                                                                                                        tary personnel have safeguarded our Nation             reer, including Principal of the Year for Region
                                                since its inception, defending our way of life
                                                                                                        since its inception, defending our way of life         7 Oakland County from the Michigan Elemen-
                                                from Lexington to Normandy.
                                                                                                        from Lexington to Normandy.                            tary and Middle School Principals Association
                                                   And throughout our history, American sol-
                                                                                                           And throughout our history, American sol-           in 2016. But I have no doubt the awards she
                                                diers have demonstrated tremendous courage
                                                                                                        diers have demonstrated tremendous courage             treasures most are the intangibles: the love of
                                                and strength, beating back tyranny to the ends
                                                                                                        and strength, beating back tyranny to the ends         learning she has inspired in so many, the ca-
                                                of the Earth.
                                                   I was glad to sponsor Elijah’s nomination            of the Earth.                                          reers she has nurtured and shaped, and the
                                                and I am confident that his talents will distin-           I was glad to sponsor Mark’s nomination             indelible mark she has left on the hearts and
                                                guish him among his peers both during his               and I am confident that his talents will distin-       minds of the entire entire University Hills Ele-
                                                time at West Point and thereafter.                      guish him among his peers both during his              mentary School community.
                                                   Congratulations to Elijah. I know that he will       time at West Point and thereafter.                        For 50 years, Amy Grande lived her passion
                                                make this Nation proud.                                    Congratulations to Mark. I know that he will        for education every single day, an extraor-
                                                                                                        make this Nation proud.                                dinary gift that University Hills Elementary and
                                                                 f
                                                                                                                          f                                    the Rochester Community Schools district
                                                     HONORING THE MEMORY OF                                                                                    were so fortunate to receive. As Amy now pre-
                                                       LETIZIA TAGLIAFIERRO                             HONORING THE EXTRAORDINARY                             pares to begin a new chapter in retirement,
                                                                                                         EDUCATIONAL   CAREER  AND                             my hope is that she feels all the love and care
                                                       HON. MARCUS J. MOLINARO                           SERVICE OF AMY GRANDE                                 that she has poured into others returned to
                                                                   OF NEW YORK                                                                                 her. I wish her many relaxing days doing her
                                                   IN THE HOUSE OF REPRESENTATIVES                                  HON. ELISSA SLOTKIN                        favorite things: spending time with her family,
                                                           Thursday, June 1, 2023                                           OF MICHIGAN                        tending to her garden, volunteering in the
                                                                                                             IN THE HOUSE OF REPRESENTATIVES                   community, and leisurely reading.
                                                  Mr. MOLINARO. Mr. Speaker, I rise today to                                                                      On behalf of a grateful community, and the
                                                honor the memory of Letizia Tagliafierro who                          Thursday, June 1, 2023                   thousands of lives she touched, I am honored
                                                passed away on May 23rd of this year. Letizia              Ms. SLOTKIN. Mr. Speaker, today I rise to           to reflect on the extraordinary service and
                                                was a devoted public servant and native of              pay tribute to a beloved teacher, principal,           leadership of Amy Grande, a teacher for the
                                                Saugerties, New York, who will be dearly                friend, and community member who has dedi-             ages.
                                                missed by all who knew her.                             cated a half-century to Michigan’s public
                                                  Letizia will long be remembered for her                                                                                         f
                                                                                                        schools and their students. As Amy Grande of
                                                dedication to public service. Throughout her            Rochester Hills prepares to step down after 50         RECOGNIZING KATHERINE MER-
                                                career, she worked tirelessly for the people of         years at University Hills Elementary School in          RITT FOR HER ACCEPTANCE TO
                                                New York in the NY State Assembly, Erie                 the Rochester Community Schools district, I             THE UNITED STATES MILITARY
                                                County District Attorney’s Office, and as NYS           am filled with gratitude for the thousands of           ACADEMY
                                                Inspector General.                                      lives she has helped guide and the glowing
                                                  Mr. Speaker, I ask that my colleagues in the
                                                House join me in honoring the memory of
                                                                                                        example she has set of what it means to live                        HON. RICK W. ALLEN
                                                                                                        a life of service.                                                        OF GEORGIA
                                                Letizia Tagliafierro. While we mourn her pass-             It was 1973 and before the ink had dried on
                                                ing, we celebrate her life and the legacy she                                                                         IN THE HOUSE OF REPRESENTATIVES
                                                                                                        her degree in elementary education from
                                                leaves behind. May her life and memory al-              Michigan State University, Amy arrived at Uni-                    Thursday, June 1, 2023
                                                ways be a blessing.                                     versity Hills Elementary to begin her career as           Mr. ALLEN. Mr. Speaker, I rise today to
                                                                 f                                      a teacher, and was placed in a first grade             congratulate my constituent, Katherine Merritt,
                                                      PERSONAL EXPLANATION                              classroom. From that day on, Amy’s col-                upon her acceptance to the United States Mili-
                                                                                                        leagues and supervisors say she anchored               tary Academy at West Point.
                                                       HON. LORI CHAVEZ-DeREMER                         her classroom in respect, trust, love, and posi-          As a future cadet, she will be joining the
                                                                    OF OREGON
                                                                                                        tivity, traits that would only grow over her long      ranks of the world’s most fearsome fighting
                                                                                                        and fruitful career. Over the course of the next       force—the United States Army—guided by
                                                   IN THE HOUSE OF REPRESENTATIVES




SSpencer on DSK126QN23PROD with REMARKS
                                                                                                        25 years, Amy was called on to teach every             duty, honor, and country.
                                                           Thursday, June 1, 2023                       grade from first through sixth, and no matter             The service and sacrifice of America’s mili-
                                                  Mrs. CHAVEZ-DEREMER. Mr. Speaker, had                 the grade level or the subject, she reflected          tary personnel have safeguarded our Nation
                                                I been present, I would have voted YEA on               what she expected: kindness and good citi-             since its inception, defending our way of life
                                                Roll Call No. 244.                                      zenship.                                               from Lexington to Normandy.


                                                       ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
                                                     Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.


                                          VerDate Sep 11 2014   01:07 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00001   Fmt 0626   Sfmt 9920   E:\CR\FM\A01JN8.001    E01JNPT1
                                                E512                                   CONGRESSIONAL RECORD — Extensions of Remarks                                                          June 1, 2023
                                                   And throughout our history, American sol-            tests. Had I been present, I would have voted             REMEMBERING JUDY GILBERT-
                                                diers have demonstrated tremendous courage              NAY on Roll Call No. 241; YEA on Roll Call                         GOULD
                                                and strength, beating back tyranny to the ends          No. 242; YEA on Roll Call No. 243; and YEA
                                                of the Earth.                                           on Roll Call No. 244.
                                                   I was glad to sponsor Katherine’s nomina-                              f                                       HON. DEBBIE WASSERMAN SCHULTZ
                                                tion and I am confident that her talents will                                                                                     OF FLORIDA
                                                distinguish her among her peers both during             HONORING  THE MEMORY   OF
                                                her time at West Point and thereafter.                   NORTH CHATHAM FIRE CHIEF                                     IN THE HOUSE OF REPRESENTATIVES
                                                   Congratulations to Katherine. I know that             BRENT GAWRON
                                                she will make this Nation proud.                                                                                            Thursday, June 1, 2023
                                                                 f                                              HON. MARCUS J. MOLINARO                            Ms. WASSERMAN SCHULTZ. Mr. Speaker,
                                                                                                                            OF NEW YORK                        it is with a heavy heart that I rise to recognize
                                                      PERSONAL EXPLANATION                                   IN THE HOUSE OF REPRESENTATIVES                   the remarkable life of Judy Gilbert-Gould.
                                                                                                                    Thursday, June 1, 2023
                                                         HON. BILL PASCRELL, JR.                                                                                   Judy Gilbert-Gould, a lifelong resident of
                                                                 OF NEW JERSEY                             Mr. MOLINARO. Mr. Speaker, I rise today to          Miami, passed away on April 21, 2023, at the
                                                   IN THE HOUSE OF REPRESENTATIVES                      honor the memory of Brent Gawron who                   age of 88. She was the daughter of the late
                                                                                                        passed away suddenly on May 14th of this               Stanley C. and Martha M. Myers and sister to
                                                          Thursday, June 1, 2023
                                                                                                        year. Brent was a devoted father, husband,             the late Kenneth M. Myers.
                                                  Mr. PASCRELL. Mr. Speaker, on May 31,                 and Fire Chief of North Chatham, New York.
                                                2023, I missed one roll call vote. Had I been                                                                      As a young woman, Judy became involved
                                                                                                        He will be dearly missed by all who knew him.          in the National Council of Jewish Women,
                                                present I would have voted YES on Roll Call                Brent will long be remembered for his con-
                                                No. 243, On Passage of H.R. 3746—Fiscal                                                                        eventually serving as president of the Miami
                                                                                                        tributions to the town of North Chatham. A
                                                Responsibility Act of 2023.                                                                                    chapter. In recognition of her service, Judy
                                                                                                        true leader, he spent his life serving his com-
                                                                                                                                                               was awarded NCJW’s highest honor, the Han-
                                                                 f                                      munity. Together with his wife, Erinn, he built
                                                                                                                                                               nah G. Solomon Award, for her commitment to
                                                                                                        a strong and loving family.
                                                      PERSONAL EXPLANATION                                                                                     the advancement of human welfare.
                                                                                                           Mr. Speaker, I ask that my colleagues in the
                                                                                                        House join me in honoring the memory of                    Judy later served in several other important
                                                         HON. JAKE AUCHINCLOSS                          Brent Gawron. While we mourn his passing,              professional and leadership capacities.
                                                                OF MASSACHUSETTS
                                                                                                        we celebrate his life and the legacy he leaves             Working under then-Dade County State’s at-
                                                   IN THE HOUSE OF REPRESENTATIVES                      behind. May his life and memory always be a            torney Janet Reno, Judy was the director of
                                                           Thursday, June 1, 2023                       blessing.                                              victim-witness services in the State’s Attor-
                                                  Mr. AUCHINCLOSS. Mr. Speaker, I was                                     f                                    ney’s Office to help prepare rape victims to
                                                necessarily absent from votes on May 31,                                                                       testify in court.
                                                                                                        RECOGNIZING BRANDON SWEITZER
                                                2023. Had I been present, I would have voted                                                                       Later on, Judy’s professional career con-
                                                                                                         FOR HIS ACCEPTANCE TO THE
                                                YEA on Roll Call No. 244.                                                                                      centrated on working for the Jewish people. In
                                                                                                         UNITED   STATES  AIR  FORCE
                                                                 f                                       ACADEMY                                               1983, Judy joined the Greater Miami Jewish
                                                RECOGNIZING SETH MACGREGOR                                                                                     Federation, where she served for many years
                                                 FOR HIS ACCEPTANCE TO THE                                          HON. RICK W. ALLEN                         as director of the Jewish Community Relations
                                                 UNITED STATES NAVAL ACAD-                                                  OF GEORGIA                         Council, the JCRC.
                                                 EMY                                                         IN THE HOUSE OF REPRESENTATIVES                       As the JCRC’s executive director, Judy
                                                                                                                   Thursday, June 1, 2023                      adroitly mobilized and engaged Miami’s Jew-
                                                            HON. RICK W. ALLEN                             Mr. ALLEN. Mr. Speaker, I rise today to
                                                                                                                                                               ish community on many levels. She led our
                                                                   OF GEORGIA                                                                                  citizen activists in building relationships with
                                                                                                        congratulate my constituent, Brandon Sweit-
                                                   IN THE HOUSE OF REPRESENTATIVES                                                                             Members of Congress on both sides of the
                                                                                                        zer, upon his acceptance to the United States
                                                            Thursday, June 1, 2023                                                                             aisle, was pivotal in the pro-Israel movement
                                                                                                        Air Force Academy.
                                                                                                                                                               here at home, and successfully advocated for
                                                   Mr. ALLEN. Mr. Speaker, I rise today to                 As a future cadet, he will be joining the
                                                                                                                                                               the national agenda supported by the Jewish
                                                congratulate my constituent, Seth MacGregor,            ranks of the world’s most fearsome fighting
                                                                                                                                                               Council for Public Affairs.
                                                upon his acceptance to the United States                force, the United States Air Force.
                                                Naval Academy.                                             Guided by the motto, ‘‘Aim High . . . Fly-              On a personal note, we worked closely to-
                                                   As a future midshipman, he will be joining           Fight-Win,’’ the U.S. Air Force is the world’s         gether to address a multitude of issues facing
                                                the ranks of the world’s most elite naval force,        preeminent force in air, space, and cyber-             our community, from the scourge of anti-Semi-
                                                guided by the motto: ‘‘Semper Fortis.’’                 space.                                                 tism to ensuring we maintain our strong U.S.–
                                                   The service and sacrifice of America’s mili-            Throughout our history, American airmen             Israel relationship.
                                                tary personnel have safeguarded our Nation              have demonstrated tremendous courage and                   Shortly after I was first elected to Congress,
                                                since its inception, defending our way of life          strength, beating back tyranny to the ends of          under Judy’s leadership role at the Greater
                                                from Lexington to Normandy.                             the Earth.                                             Miami Jewish Federation, she approached me
                                                   And throughout our history, American                    I was honored to sponsor Brandon’s nomi-            with the idea to sponsor legislation that would
                                                servicemernbers have demonstrated tremen-               nation and I am confident that his talents will        create a month during which we honor the
                                                dous courage and strength, beating back tyr-            distinguish him among his peers both during            contributions American Jews have made to
                                                anny to the ends of the earth.                          his time at the Air Force Academy and there-           the fabric of our Nation.
                                                   I was glad to sponsor Seth’s nomination and          after.
                                                I am confident that his talents will distinguish           Congratulations to Brandon. I know that he              I introduced a resolution, and since 2006
                                                him among his peers during his time at the              will make this Nation proud.                           our Nation has celebrated Jewish American
                                                Academy and thereafter.                                                   f
                                                                                                                                                               Heritage Month each May to educate Ameri-
                                                   Congratulations to Seth. I know that he will                                                                cans about the contributions Jewish Ameri-
                                                make this Nation proud.                                         PERSONAL EXPLANATION                           cans have made and continue to make to our
                                                                                                                                                               country, helping to reduce hate, anti-Semitism,
                                                                 f
                                                                                                                   HON. BLAKE D. MOORE                         and bigotry.
                                                      PERSONAL EXPLANATION




SSpencer on DSK126QN23PROD with REMARKS
                                                                                                                              OF UTAH                              Judy’s commitment to Miami’s Jewish com-
                                                                                                             IN THE HOUSE OF REPRESENTATIVES                   munity and the State of Israel was exemplary,
                                                          HON. DEBORAH K. ROSS                                    Thursday, June 1, 2023                       and I will miss her guidance and wisdom.
                                                                OF NORTH CAROLINA
                                                                                                          Mr. MOORE of Utah. Mr. Speaker, I was                    My heart is with her family in mourning the
                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                        unable to be present for votes on May 30th.            loss of this kind, generous, and compas-
                                                         Thursday, June 1, 2023                           Had I been present, I would have voted               sionate soul. We were forever privileged to
                                                 Ms. ROSS. Mr. Speaker, I missed votes on               YEA on Roll Call No. 238, YEA on Roll Call             have shared this time with Judy. May her
                                                May 31, 2023 due to two positive COVID–19               No. 239, and YEA on Roll Call No. 240.                 memory be a blessing.



                                          VerDate Sep 11 2014   01:07 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00002   Fmt 0626   Sfmt 0634   E:\CR\FM\A01JN8.006    E01JNPT1
                                                June 1, 2023                           CONGRESSIONAL RECORD — Extensions of Remarks                                                                   E513
                                                RECOGNIZING ALAN SAIRANY FOR                            upon his acceptance to the United States Air           strength, beating back tyranny to the ends of
                                                 HIS   ACCEPTANCE   TO   THE                            Force Academy.                                         the Earth.
                                                 UNITED   STATES  AIR  FORCE                              As a future cadet, he will be joining the               I was honored to sponsor Alan’s nomination
                                                 ACADEMY                                                ranks of the world’s most fearsome fighting            and I am confident that his talents will distin-
                                                                      ---                                                                                      guish him among his peers both during his
                                                                                                        force, the United States Air Force.
                                                            HON. RICK W. ALLEN                            Guided by the motto, ‘‘Aim High . . . Fly-
                                                                                                                                                               time at the Air Force Academy and thereafter.
                                                                   OF GEORGIA
                                                                                                                                                                  Congratulations to Alan. I know that he will
                                                                                                        Fight-Win’’, the U.S. Air Force is the world’s         make this Nation proud.
                                                   IN THE HOUSE OF REPRESENTATIVES                      preeminent force in air, space, and cyber-
                                                           Thursday, June 1, 2023                       space.
                                                  Mr. ALLEN. Mr. Speaker, I rise today to                 Throughout our history, American airmen
                                                congratulate my constituent, Alan Sairany,              have demonstrated tremendous courage and




SSpencer on DSK126QN23PROD with REMARKS



                                          VerDate Sep 11 2014   01:07 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00003   Fmt 0626   Sfmt 9920   E:\CR\FM\A01JN8.015   E01JNPT1
                                                                                                                                                         Thursday, June 1, 2023

                                                                                                    Daily Digest
                                               HIGHLIGHTS
                                                                     See Résumé of Congressional Activity.
                                                                     Senate passed H.R. 3746, Fiscal Responsibility Act.

                                                                                                                        Senate
                                                                                                                                     United States. (A unanimous-consent agreement was
                                               Chamber Action                                                                        reached providing that the amendment, having failed
                                               Routine Proceedings, pages S1857–S1959                                                to achieve 60 affirmative votes, was not agreed to.)
                                               Measures Introduced: Nineteen bills and six reso-                                                                                 Page S1885
                                               lutions were introduced, as follows: S. 1786–1804,                                       By 49 yeas to 48 nays (Vote No. 139), Sullivan
                                               and S. Res. 231–236.                    Pages S1898–99                                Amendment No. 125, to provide adequate funding
                                               Measures Passed:                                                                      for defense and increase the rescission of funding for
                                                                                                                                     the Internal Revenue Service. (A unanimous-consent
                                                  Waivers and Modifications of Federal Student                                       agreement was reached providing that the amend-
                                               Loans: By 52 yeas to 46 nays (Vote No. 135), Senate                                   ment, having failed to achieve 60 affirmative votes,
                                               passed H.J. Res. 45, providing for congressional dis-                                 was not agreed to.)                      Pages S1885–86
                                               approval under chapter 8 of title 5, United States
                                               Code, of the rule submitted by the Department of                                         By 17 yeas to 81 nays (Vote No. 140), Hawley
                                               Education relating to ‘‘Waivers and Modifications of                                  Amendment No. 93, to require the imposition of
                                               Federal Student Loans’’.                Pages S1857–68
                                                                                                                                     additional duties with respect to articles imported
                                                                                                                                     from the People’s Republic of China until trade be-
                                                  Fiscal Responsibility Act: By 63 yeas to 36 nays                                   tween the United States and the People’s Republic
                                               (Vote No. 146), Senate passed H.R. 3746, to provide                                   of China comes into balance. (A unanimous-consent
                                               for a responsible increase to the debt ceiling, by the                                agreement was reached providing that the amend-
                                               order of the Senate of Thursday, June 1, 2023, 60                                     ment, having failed to achieve 60 affirmative votes,
                                               Senators having voted in the affirmative, and after                                   was not agreed to.)                      Pages S1886–87
                                               agreeing to the motion to proceed, and taking action
                                               on the following amendments proposed thereto:                                            By 46 yeas to 51 nays (Vote No. 141), Kennedy
                                                                                                            Pages S1868–92
                                                                                                                                     Amendment No. 104, to remove the sunset on
                                                  Rejected:                                                                          modification of work requirement exemptions. (A
                                                                                                                                     unanimous-consent agreement was reached providing
                                                  By 21 yeas to 75 nays (Vote No. 136), Paul
                                               Amendment No. 107, in the nature of a substitute.                                     that the amendment, having failed to achieve 60 af-
                                               (A unanimous-consent agreement was reached pro-                                       firmative votes, was not agreed to.)         Page S1887

                                               viding that the amendment, having failed to achieve                                      By 48 yeas to 51 nays (Vote No. 142), Cotton
                                               60 affirmative votes, was not agreed to.) Page S1883                                  Amendment No. 106, to provide appropriate adjust-
                                                  By 35 yeas to 62 nays (Vote No. 137), Braun                                        ments to the discretionary spending limits, in the
                                               Amendment No. 91, to rescind discretionary appro-                                     event of funding under a continuing resolution. (A
                                               priations in the event of a debt ceiling crisis period                                unanimous-consent agreement was reached providing
                                               and to honor the full faith and credit of the debts                                   that the amendment, having failed to achieve 60 af-
                                               of the United States in the event of a debt ceiling                                   firmative votes, was not agreed to.)         Page S1888
                                               crisis. (A unanimous-consent agreement was reached                                       By 47 yeas to 52 nays (Vote No. 143), Budd
                                               providing that the amendment, having failed to                                        Amendment No. 134, to rescind unnecessary
                                               achieve 60 affirmative votes, was not agreed to.)                                     coronavirus funds. (A unanimous-consent agreement
                                                                                                                                     was reached providing that the amendment, having




SSpencer on DSK126QN23PROD with DIGEST
                                                                                                            Pages S1884–85
                                                By 46 yeas to 51 nays (Vote No. 138), Marshall                                       failed to achieve 60 affirmative votes, was not agreed
                                               Amendment No. 110, to secure the borders of the                                       to.)                                         Page S1889
                                                                                                                                                                                D551




                                         VerDate Sep 11 2014   08:29 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00001   Fmt 0627   Sfmt 0627   E:\CR\FM\D01JN3.REC   D01JNPT1
                                               D552                                      CONGRESSIONAL RECORD — DAILY DIGEST                                                    June 1, 2023

                                                  By 48 yeas to 51 nays (Vote No. 144), Lee                                          filed during the session of Thursday, June 1, 2023,
                                               Amendment No. 98, to strike the waiver authority                                      ripen at 5:30 p.m., on Tuesday, June 6, 2023.
                                               for Administrative PAYGO.              Pages S1889–90                                                                               Page S1959
                                                  By 30 yeas to 69 nays (Vote No. 145), Kaine                                        Ho Nomination—Cloture: Senate began consider-
                                               Amendment No. 101, to strike a provision relating                                     ation of the nomination of Dale E. Ho, of New
                                               to expediting completion of the Mountain Valley                                       York, to be United States District Judge for the
                                               Pipeline.                                   Page S1890                                Southern District of New York.               Page S1893
                                                  Kennedy Amendment No. 102, to require up-to-                                          A motion was entered to close further debate on
                                               date employment data for waivers of work require-                                     the nomination, and, in accordance with the provi-
                                               ments.                                 Pages S1890–91                                 sions of rule XXII of the Standing Rules of the Sen-
                                                  DIPG Pediatric Brain Cancer Awareness Day:                                         ate, a vote on cloture will occur upon disposition of
                                               Senate agreed to S. Res. 232, expressing support for                                  the nomination of David Crane, of New Jersey, to
                                               the designation of May 17, 2023, as ‘‘DIPG Pedi-                                      be Under Secretary of Energy.                Page S1893
                                               atric Brain Cancer Awareness Day’’ to raise awareness                                    Prior to the consideration of this nomination, Sen-
                                               of, and encourage research on, diffuse intrinsic                                      ate took the following action:
                                               pontine glioma tumors and pediatric cancers in gen-                                      Senate agreed to the motion to proceed to Legisla-
                                               eral.                                       Page S1959                                tive Session.                                Page S1893

                                                  Motorcycle Safety Awareness Month: Senate                                             Senate agreed to the motion to proceed to Execu-
                                               agreed to S. Res. 233, expressing support for the                                     tive Session to consider the nomination. Page S1893
                                               designation of May 2023 as Motorcycle Safety                                          Syed Nomination—Cloture: Senate began consider-
                                               Awareness Month.                            Page S1959                                ation of the nomination of Dilawar Syed, of Cali-
                                                  Older Americans Month: Senate agreed to S. Res.                                    fornia, to be Deputy Administrator of the Small
                                               234, designating May 2023 as ‘‘Older Americans                                        Business Administration.                     Page S1893

                                               Month’’.                                    Page S1959
                                                                                                                                        A motion was entered to close further debate on
                                                                                                                                     the nomination, and, in accordance with the provi-
                                                  Children’s Mental Health Awareness Week and                                        sions of rule XXII of the Standing Rules of the Sen-
                                               Day: Senate agreed to S. Res. 235, supporting the                                     ate, a vote on cloture will occur upon disposition of
                                               designation of the week of May 7, 2023, as ‘‘Chil-                                    the nomination of Dale E. Ho, of New York, to be
                                               dren’s Mental Health Awareness Week’’ and May 11,                                     United States District Judge for the Southern Dis-
                                               2023, as ‘‘Children’s Mental Health Awareness Day’’.                                  trict of New York.                           Page S1893
                                                                                                                Page S1959              Prior to the consideration of this nomination, Sen-
                                               Signing Authority—Agreement: A unanimous-                                             ate took the following action:
                                               consent agreement was reached providing that Sen-                                        Senate agreed to the motion to proceed to Legisla-
                                               ator Duckworth, Senator Schatz, and Senator Van                                       tive Session.                                Page S1893
                                               Hollen be authorized to sign duly enrolled bills or                                      Senate agreed to the motion to proceed to Execu-
                                               joint resolutions from June 1, 2023, through June 5,                                  tive Session to consider the nomination. Page S1893
                                               2023.                                      Page S1959                                 Nomination Received: Senate received the fol-
                                               Crane Nomination—Cloture: Senate began consid-                                        lowing nomination:
                                               eration of the nomination of David Crane, of New                                         Sean Patrick Maloney, of New York, to be Rep-
                                               Jersey, to be Under Secretary of Energy. Page S1892                                   resentative of the United States of America to the
                                                  A motion was entered to close further debate on                                    Organization for Economic Cooperation and Devel-
                                               the nomination, and, in accordance with the provi-                                    opment, with the rank of Ambassador.         Page S1959
                                               sions of rule XXII of the Standing Rules of the Sen-                                  Messages from the House:                 Pages S1895–96
                                               ate, and pursuant to the unanimous-consent agree-
                                               ment of Thursday, June 1, 2023, a vote on cloture                                     Measures Referred:                           Page S1896

                                               will occur at 5:30 p.m., on Tuesday, June 6, 2023.                                    Executive Communications:                    Page S1896
                                                                                                                Page S1893           Petitions and Memorials:                 Pages S1896–98
                                                  Prior to the consideration of this nomination, Sen-
                                               ate took the following action:                                                        Executive Reports of Committees:             Page S1898

                                                  Senate agreed to the motion to proceed to Execu-                                   Additional Cosponsors:                Pages S1899–S1901
                                               tive Session to consider the nomination. Page S1892                                   Statements on Introduced Bills/Resolutions:




SSpencer on DSK126QN23PROD with DIGEST
                                                  A unanimous-consent agreement was reached pro-                                                                                Pages S1901–03
                                               viding that at approximately 3 p.m., on Tuesday,
                                               June 6, 2023, Senate resume consideration of the                                      Additional Statements:                     Pages S1893–95

                                               nomination; and that the motions to invoke cloture                                    Amendments Submitted:                      Pages S1903–58




                                         VerDate Sep 11 2014   08:29 Jun 02, 2023   Jkt 039060   PO 00000   Frm 00002   Fmt 0627   Sfmt 0627   E:\CR\FM\D01JN3.REC   D01JNPT1


File and source

File
CREC-2023-06-01.pdf
Size
2,372,574 bytes
SHA-256
8070d3ba03f51a23b02b65d9fc6c4f010798c38f2ac3969ec0ca67903f9c3747
Our copy
CREC-2023-06-01.pdf
Original
www.govinfo.gov
Back to top