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/
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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
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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,
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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.
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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
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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
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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.
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Congressional Record
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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
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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.
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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
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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
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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
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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:
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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
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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
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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-
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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
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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-
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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,
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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,
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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-
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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:
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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:
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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
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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
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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.
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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.
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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
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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,
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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
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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.
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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
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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
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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
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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
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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
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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.
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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:
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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
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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
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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
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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
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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
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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—
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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
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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)).’’.
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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—
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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
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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,
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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
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(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
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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;
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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;
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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;
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‘‘(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.
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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;
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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;
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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;
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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
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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;
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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-
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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);
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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
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‘‘(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
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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;
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‘‘(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
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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
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‘‘(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—
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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).
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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,
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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
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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,
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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
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(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
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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
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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:
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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-
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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
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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-
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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).
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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
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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
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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.
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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—
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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.
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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
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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
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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
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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’’.
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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.
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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
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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
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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-
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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).
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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
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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.
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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.
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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-
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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
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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
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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
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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-
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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
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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-
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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.
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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
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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;
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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.
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‘‘(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
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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.
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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;
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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
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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.
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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
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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
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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
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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-
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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)—
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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
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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
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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));
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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-
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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;
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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
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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.
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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:
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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.
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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.
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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—
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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:
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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
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