Amendments to SA 5499 on H.R. 7900 — Congressional Record, Senate, September 27, 2022
Summary
A page of the Congressional Record, Senate, dated September 27, 2022, at page S5060, under the heading Text of Amendments, listing amendments intended to be proposed to H.R. 7900, the defense authorization bill for fiscal year 2023, and to H.R. 6833. It lists SA 5745, submitted by Mr. Schumer to H.R. 6833 on cost-sharing for certain insulin products, and SA 5746, submitted by Mr. Cornyn and Mr. Carper on equity for the Ready Reserve Corps of the Public Health Service. It prints amendment text by Mr. Reed and Mr. Inhofe on improved application of employment and reemployment rights of all members of the uniformed services.
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
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“Amendments to SA 5499 on H.R. 7900 — Congressional Record, Senate, September 27, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-27-crec-2022-09-27-pt1-pgs5060-4e077e9c3e/
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S5060 CONGRESSIONAL RECORD — SENATE September 27, 2022
bill H.R. 7900, supra; which was ordered to lie Mr. REED (for himself and Mr. INHOFE) SEC. lll. IMPROVED APPLICATION OF EM-
on the table. PLOYMENT AND REEMPLOYMENT
and intended to be proposed to the bill RIGHTS OF ALL MEMBERS OF UNI-
SA 5745. Mr. SCHUMER submitted an H.R. 7900, to authorize appropriations FORMED SERVICES.
amendment intended to be proposed by him
for fiscal year 2023 for military activi- (a) IN GENERAL.—Paragraph (5) of section
to the bill H.R. 6833, to amend title XXVII of
the Public Health Service Act, the Internal ties of the Department of Defense, for 4303 of title 38, United States Code, is amend-
Revenue Code of 1986, and the Employee Re- military construction, and for defense ed to read as follows:
tirement Income Security Act of 1974 to es- activities of the Department of Energy, ‘‘(5) The term ‘Federal executive agency’—
tablish requirements with respect to cost- to prescribe military personnel ‘‘(A) except as provided in subparagraph
sharing for certain insulin products, and for (B), includes—
strengths for such fiscal year, and for ‘‘(i) the United States Postal Service;
other purposes; which was ordered to lie on other purposes; which was ordered to
the table. ‘‘(ii) the Postal Regulatory Commission;
lie on the table; as follows: ‘‘(iii) any nonappropriated fund instrumen-
SA 5746. Mr. CORNYN (for himself and Mr.
CARPER) submitted an amendment intended At the appropriate place, insert the fol- tality of the United States;
to be proposed to amendment SA 5499 sub- lowing: ‘‘(iv) any Executive agency (as defined in
mitted by Mr. REED (for himself and Mr. SEC. lll. EQUITY FOR READY RESERVE CORPS section 105 of title 5); and
INHOFE) and intended to be proposed to the OF THE PUBLIC HEALTH SERVICE. ‘‘(v) any military department (as defined
bill H.R. 7900, to authorize appropriations for (a) DUAL EMPLOYMENT.—Section 5534 of in section 102 of title 5) with respect to the
fiscal year 2023 for military activities of the title 5, United States Code, is amended— civilian employees of that department; and
Department of Defense, for military con- (1) by inserting ‘‘, a member of the Ready ‘‘(B) does not include—
struction, and for defense activities of the Reserve Corps of the Public Health Service,’’ ‘‘(i) an agency referred to in section
Department of Energy, to prescribe military after ‘‘armed forces’’; and 2302(a)(2)(C)(ii) of title 5;
personnel strengths for such fiscal year, and (2) by inserting ‘‘, member of the Ready ‘‘(ii) the National Oceanic and Atmos-
for other purposes; which was ordered to lie Reserve Corps,’’ after ‘‘allowances as a Re- pheric Administration with respect to mem-
on the table. serve’’. bers of the commissioned officer corps of the
(b) UNIFORMED SERVICE LEAVE.— National Oceanic and Atmospheric Adminis-
f tration; or
(1) IN GENERAL.—Section 6323 of title 5,
TEXT OF AMENDMENTS United States Code, is amended— ‘‘(iii) the Public Health Service with re-
(A) in the section heading, by striking spect to members of the Commissioned Corps
SA 5647. Mr. SCHUMER submitted an ‘‘Military leave; Reserves and National of the Public Health Service serving on ac-
amendment intended to be proposed to Guardsmen’’ and inserting ‘‘Uniformed serv- tive duty, active duty for training, or inac-
amendment SA 5499 submitted by Mr. ices leave’’; and tive duty training.’’.
REED (for himself and Mr. INHOFE) and (B) by adding at the end the following: (b) TECHNICAL CORRECTION.—Paragraph (16)
intended to be proposed to the bill H.R. ‘‘(e)(1) Subject to paragraph (2) of this sub- of such section is amended by striking ‘‘com-
section, an employee as defined by section missioned corps of the Public Health Serv-
7900, to authorize appropriations for
2105 of this title or an individual employed ice’’ and inserting ‘‘Commissioned Corps of
fiscal year 2023 for military activities the Public Health Service’’.
of the Department of Defense, for mili- by the government of the District of Colum-
bia is entitled to leave without loss in pay,
tary construction, and for defense ac- time, or performance or efficiency rating for SA 5650. Ms. DUCKWORTH submitted
tivities of the Department of Energy, active duty or inactive-duty training (as de- an amendment intended to be proposed
to prescribe military personnel fined in section 101 of title 37) as a member to amendment SA 5499 submitted by
strengths for such fiscal year, and for of the Ready Reserve Corps of the Public Mr. REED (for himself and Mr. INHOFE)
other purposes; which was ordered to Health Service. Leave under this subsection and intended to be proposed to the bill
lie on the table; as follows: accrues for an employee or individual at the H.R. 7900, to authorize appropriations
At the end of subtitle G of title V, add the rate of 15 days per fiscal year and, to the ex- for fiscal year 2023 for military activi-
following: tent that it is not used in a fiscal year, accu-
mulates for use in the succeeding fiscal year
ties of the Department of Defense, for
SEC. 58lll. GAO FEASIBILITY STUDY ON THE
until it totals 15 days at the beginning of a military construction, and for defense
INCLUSION ON THE VIETNAM VET- activities of the Department of Energy,
ERANS MEMORIAL WALL OF THE fiscal year.
NAMES OF THE LOST CREW MEM- ‘‘(2) In the case of an employee or indi- to prescribe military personnel
BERS OF THE U.S.S. FRANK E. EVANS vidual employed on a part-time career em- strengths for such fiscal year, and for
KILLED ON JUNE 3, 1969. ployment basis (as defined in section 3401(2) other purposes; which was ordered to
(a) IN GENERAL.—The Comptroller General of this title), the rate at which leave accrues lie on the table; as follows:
of the United States shall conduct a study to under this subsection shall be a percentage
At the end of subtitle G of title X, add the
determine the feasibility of including on the of the rate prescribed under paragraph (1)
following:
Vietnam Veterans Memorial Wall in the Dis- which is determined by dividing 40 into the
SEC. 1077.EXTENSION OF CERTAIN EDU-
trict of Columbia the names of the 74 crew number of hours in the regularly scheduled
CATIONAL BENEFITS TO MEMBERS
members of the U.S.S. Frank E. Evans who workweek of that employee or individual OF THE PUBLIC HEALTH SERVICE
were killed on June 3, 1969. during that fiscal year. READY RESERVE CORPS.
(b) INCLUSIONS.—The study conducted ‘‘(3) The minimum charge for leave under (a) IN GENERAL.—Section 16131 of title 10,
under subsection (a) shall include a deter- this subsection is one hour, and additional United States Code, is amended—
mination by the Comptroller General of the charges are in multiples thereof.’’. (1) in subsection (a)—
United States on— (2) CONFORMING AMENDMENT.—The table of (A) by striking ‘‘each military depart-
(1) the cost of including on the Vietnam sections for chapter 63 of title 5, United ment’’ and inserting ‘‘reserve component of
Veterans Memorial Wall the names of the 74 States Code, is amended by striking the item that Secretary’s uniformed service’’
crew members; and relating to section 6323 and inserting the fol- (B) by striking ‘‘and’’ after ‘‘Secretary of
(2) whether there is sufficient space on the lowing: Defense,’’;
Vietnam Veterans Memorial Wall for the in- ‘‘6323. Uniformed services leave.’’. (C) by inserting ‘‘, and the Secretary of
clusion of the names of the 74 crew members. Health and Human Services with respect to
(c) CONSULTATION REQUIRED.—In con- SA 5649. Ms. DUCKWORTH submitted the Public Health Service Ready Reserve
ducting the study under subsection (a), the Corps,’’ after ‘‘Navy’’; and
Comptroller General of the United States
an amendment intended to be proposed
to amendment SA 5499 submitted by (D) by striking ‘‘of the armed forces under
shall consult with— the jurisdiction of the Secretary concerned’’
(1) the heads of appropriate Federal agen- Mr. REED (for himself and Mr. INHOFE)
and inserting ‘‘of the uniformed services
cies, including the Secretary of Defense and and intended to be proposed to the bill under the jurisdiction of such Secretary’’;
the Secretary of the Interior; H.R. 7900, to authorize appropriations (2) in subsection (b)(1), by inserting ‘‘or the
(2) members of the Frank E. Evans Asso- for fiscal year 2023 for military activi- Secretary of Health and Human Services, as
ciation; ties of the Department of Defense, for the case may be’’ after ‘‘Secretary con-
(3) survivors of the event on June 3, 1969; military construction, and for defense cerned’’;
and (3) in subsection (c)(3)(B)(i), by inserting
activities of the Department of Energy,
ctelli on DSK11ZRN23PROD with SENATE
(4) family members of the crew members of ‘‘or section 203 of the Public Health Service
the U.S.S. Frank E. Evans who were killed to prescribe military personnel
Act (42 U.S.C. 204(a)(4))’’ after ‘‘of this title’’;
on June 3, 1969. strengths for such fiscal year, and for
(4) in subsection (g)(2)(A), by inserting ‘‘or
other purposes; which was ordered to the Secretary of Health and Human Services,
SA 5648. Ms. DUCKWORTH submitted lie on the table; as follows: as the case may be’’ after ‘‘Secretary con-
an amendment intended to be proposed At the appropriate place, insert the fol- cerned’’; and
to amendment SA 5499 submitted by lowing: (5) in subsection (i)—
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5061
(A) by inserting ‘‘or the Secretary of SEC. 706. EXPANSION OF CERTAIN COVERAGE (3) in subsection (c), by striking ‘‘Armed
Health and Human Services, as the case may UNDER THE TRICARE PROGRAM TO Forces’’ each place it appears and inserting
INCLUDE MEMBERS OF THE UNI-
be,’’ after ‘‘Secretary of Defense’’ each place ‘‘uniformed services’’;
FORMED SERVICES.
it appears; and (4) in subsection (d)(3)(A), by striking
(a) EXPANSION OF CERTAIN HEALTH CARE
(B) by inserting ‘‘or the Secretary of ‘‘Armed Forces’’ and inserting ‘‘uniformed
COVERAGE TO INCLUDE MEMBERS OF THE UNI-
Health and Human Services, as the case may services’’; and
FORMED SERVICES.—
be,’’ after ‘‘Secretary concerned’’ both place (5) in subsection (f)(4)(B)(ii), by striking
(1) DELAYED-EFFECTIVE-DATE ACTIVE-DUTY
it appears. ‘‘Armed Forces’’ and inserting ‘‘uniformed
ORDER.—Section 1074(d)(1) of title 10, United
(b) ELIGIBILITY.—Section 16132(c) of title services’’.
States Code, is amended by striking ‘‘the
10, United States Code, is amended by insert- (c) CLERICAL AMENDMENT.—The table of
armed forces’’ and inserting ‘‘a uniformed
sections at the beginning of chapter 33 of
ing ‘‘or the Secretary of Health and Human service’’.
such title is amended by striking the item
Services, as the case may be,’’ after ‘‘Sec- (2) OVERNIGHT PRIOR TO DUTY.—Section
relating to section 3311 and inserting the fol-
retary of Defense’’. 1074a(a) of such title is amended—
lowing new item:
(c) AUTHORITY TO TRANSFER UNUSED EDU- (A) in paragraph (3), by striking ‘‘the
armed forces’’ and inserting ‘‘a uniformed ‘‘3311. Educational assistance for service in
CATION BENEFITS TO FAMILY MEMBERS.—Sec- the uniformed services com-
service’’; and
tion 16132a of title 10, United States Code, is mencing on or after September
(B) in paragraph (4), by striking ‘‘the
amended— 11, 2001: entitlement.’’.
armed forces’’ and inserting ‘‘a uniformed
(1) in subsection (a), by inserting ‘‘or the (d) TECHNICAL CORRECTION.—Section 101 of
service’’.
Secretary of Health and Human Services, as (b) EXPANSION AND CLARIFICATION OF CER- such title is amended, in paragraphs (21)
the case may be,’’ after ‘‘Secretary con- TAIN TRICARE RESERVE COVERAGE TO IN- through (23), by striking ‘‘Reserve Corps of
cerned’’; CLUDE MEMBERS OF THE UNIFORMED SERV- the Public Health Service’’ each place it ap-
(2) in subsection (b)(1), by striking ‘‘mem- ICES.— pears and inserting ‘‘Ready Reserve Corps of
ber of the armed forces’’ and inserting (1) TRICARE RESERVE SELECT.—Section the Public Health Service’’.
‘‘member of the reserve component of such 1076d(a)(1) of title 10, United States Code, is
member’s uniformed service’’; amended by striking ‘‘the armed forces’’ and SA 5653. Ms. DUCKWORTH submitted
(3) in subsection (d), by inserting ‘‘and the inserting ‘‘a uniformed service’’. an amendment intended to be proposed
Secretary of Health and Human Services’’ (2) TRICARE RETIRED RESERVE.—Section
after ‘‘Secretary of Defense’’;
to amendment SA 5499 submitted by
1076e(a)(1) of such title is amended by strik- Mr. REED (for himself and Mr. INHOFE)
(4) in subsection (f)(2), by inserting ‘‘or the ing ‘‘the armed forces’’ and inserting ‘‘a uni-
Secretary of Health and Human Services, as and intended to be proposed to the bill
formed service’’.
the case may be,’’ after ‘‘Secretary con- (3) TRICARE DENTAL PROGRAM.—Section
H.R. 7900, to authorize appropriations
cerned’’; 1076a(a) of such title is amended— for fiscal year 2023 for military activi-
(5) in subsection (g), by striking ‘‘armed (A) in paragraph (1), by inserting ‘‘of a re- ties of the Department of Defense, for
forces’’ and inserting ‘‘uniformed services’’ serve component of a uniformed service’’ military construction, and for defense
both places it appears; after ‘‘Ready Reserve’’; and activities of the Department of Energy,
(6) in subsection (h)(5)(B)— (B) in paragraph (4), by striking ‘‘the re-
(A) by inserting ‘‘or the Secretary of
to prescribe military personnel
serve components’’ and inserting ‘‘a reserve strengths for such fiscal year, and for
Health and Human Services, as the case may component of a uniformed service’’.
be,’’ after ‘‘Secretary concerned’’; and other purposes; which was ordered to
(B) by inserting ‘‘or a member of the Pub- SA 5652. Ms. DUCKWORTH submitted lie on the table; as follows:
lic Health Service Commissioned Corps, as an amendment intended to be proposed At the end of subtitle G of title X, add the
the case may be’’ after ‘‘enlisted member’’; following:
to amendment SA 5499 submitted by
and SEC. 1077. PUBLIC HEALTH SERVICE READY RE-
(7) in subsection (j), by inserting ‘‘and the Mr. REED (for himself and Mr. INHOFE)
SERVE CORPS.
Secretary of Health and Human Services’’ and intended to be proposed to the bill
(a) ESTABLISHMENT.—Section 10141 of title
after ‘‘Secretary of Defense’’. H.R. 7900, to authorize appropriations 10, United States Code, is amended—
(d) FAILURE TO PARTICIPATE SATISFAC-
for fiscal year 2023 for military activi- (1) in subsection (a), by striking ‘‘in each
TORILY; PENALTIES.—Section 16135(a) of title
ties of the Department of Defense, for armed force’’ and inserting ‘‘in each uni-
10, United States Code, is amended— military construction, and for defense formed service’’; and
(1) by inserting ‘‘or the Secretary of Health activities of the Department of Energy, (2) in subsection (c), striking ‘‘the same for
and Human Services, as the case may be’’ to prescribe military personnel all armed services’’ and inserting ‘‘the same
after ‘‘Secretary concerned’’; and strengths for such fiscal year, and for for all reserve components of the uniformed
(2) by striking ‘‘of an armed force’’ and in- other purposes; which was ordered to services’’.
serting ‘‘of a uniformed service’’; lie on the table; as follows: (b) ORGANIZATION AND UNIT STRUCTURE.—
Section 10143(b) of title 10, United States
(e) ADMINISTRATION OF THE PROGRAM.—Sec- At the appropriate place in title X, insert Code, is amended—
tion 16136(a) of title 10, United States Code, the following:
(1) in paragraph (1)—
is amended— SEC. lll. EXPANSION AND CLARIFICATION OF
(A) by inserting ‘‘and the Public Health
(1) by striking ‘‘and by the Secretary of ENTITLEMENT TO POST-9/11 EDU-
CATIONAL ASSISTANCE FOR SERV- Service Ready Reserve Corps’’ after ‘‘other
Homeland Security’’ and inserting ‘‘by the than the Coast Guard’’; and
ICE ON ACTIVE DUTY IN THE UNI-
Secretary of Homeland Security, and by the (B) by striking ‘‘war plans; and’’ and in-
FORMED SERVICES.
Secretary of Health and Human Services’’; serting ‘‘war plans;’’;
(a) EXPANSION AND CLARIFICATION.—Section
and (2) in paragraph (2), by striking the period
3301(1) of title 38, United States Code, is
(2) by inserting ‘‘or the Secretary of Health at the end and inserting ‘‘; and’’; and
amended by adding at the end the following
and Human Services, as the case may be,’’ (3) by adding at the end the following new
new subparagraphs:
after ‘‘Secretary concerned’’. paragraph:
‘‘(D) In the case of members of the regular
components of the Commissioned Corps of ‘‘(3) in the case of the Public Health Serv-
the Public Health Service, the meaning ice Ready Reserve Corps, by the Secretary of
SA 5651. Ms. DUCKWORTH submitted
given such term in section 101(21)(B). Health and Human Services upon the rec-
an amendment intended to be proposed ‘‘(E) In the case of members of the reserve ommendation of the Assistant Secretary for
to amendment SA 5499 submitted by component of the Commissioned Corps of the Health.’’.
Mr. REED (for himself and Mr. INHOFE) Public Health Service, service on active duty (c) PLACEMENT IN READY RESERVES.—Sec-
and intended to be proposed to the bill under a call or order to active duty under tion 10145(a) of title 10, United States Code,
H.R. 7900, to authorize appropriations subparagraph (B), (C), or (D) of section is amended by striking ‘‘Ready Reserve of
for fiscal year 2023 for military activi- 203(c)(2) of the Public Health Service Act (42 his armed force for his prescribed term of
U.S.C. 204(c)(2)) or section 216 of such Act (42 service, unless he is transferred’’ and insert-
ties of the Department of Defense, for ing ‘‘Ready Reserve of the reserve compo-
U.S.C. 217).’’.
military construction, and for defense (b) ADDITIONAL CLARIFICATION.—Section nent of the member’s uniformed service for
activities of the Department of Energy, 3311 of such title is amended— his or her prescribed term of service, unless
ctelli on DSK11ZRN23PROD with SENATE
to prescribe military personnel (1) in the section heading by striking ‘‘in such member is transferred’’.
strengths for such fiscal year, and for the Armed Forces’’ and inserting ‘‘in the uni- (d) STANDBY RESERVES.—
other purposes; which was ordered to formed services’’; (1) TRANSFERS TO.—Section 10146 of title 10,
lie on the table; as follows: (2) in subsection (b), in paragraphs (1) United States Code, is amended—
through (11), by striking ‘‘Armed Forces’’ (A) in subsection (a), by inserting ‘‘and the
At the end of subtitle A of title VII, add each place it appears and inserting ‘‘uni- Secretary of Health and Human Services
the following: formed services’’; with respect to Public Health Service Ready
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S5062 CONGRESSIONAL RECORD — SENATE September 27, 2022
Reserve Corp’’ after ‘‘operating as a service SEC. lll. SECURING ENERGY INFRASTRUC- At the end of subtitle F of title XII, add
in the Navy’’; and TURE. the following:
(B) in subsection (b), by inserting ‘‘or the Section 5726 of division E of the National SEC. 1276. PROHIBITION ON ALLOCATIONS OF
Secretary of Health and Human Service, as Defense Authorization Act for Fiscal Year SPECIAL DRAWING RIGHTS AT
the case may be,’’ after ‘‘prescribed by the 2020 (Public Law 116–92; 6 U.S.C. 189 note) is INTERNATIONAL MONETARY FUND
Secretary concerned’’. amended— FOR PERPETRATORS OF GENOCIDE
(1) in subsection (a)(2)— AND STATE SPONSORS OF TER-
(2) TRANSFERS FROM.—Section 10150 of title RORISM WITHOUT CONGRESSIONAL
10, United States Code, is amended by insert- (A) by striking ‘‘means an entity’’ and in-
AUTHORIZATION.
ing ‘‘and the Secretary of Health and Human serting the following: ‘‘means—
‘‘(A) an’’; Section 6(b) of the Special Drawing Rights
Services with respect to Public Health Serv- Act (22 U.S.C. 286q(b)) is amended by adding
ice Ready Reserve Corp’’ after ‘‘operating as (B) in subparagraph (A) (as so designated),
by striking the period at the end and insert- at the end the following:
a service in the Navy’’. ‘‘(3) Unless Congress by law authorizes
(e) INACTIVE STATUS LIST.—Section 10152 of ing ‘‘; and’’; and
(C) by adding at the end the following: such action, neither the President nor any
title 10, United States Code, is amended by person or agency shall on behalf of the
striking ‘‘armed force’’ and inserting ‘‘uni- ‘‘(B) a manufacturer of critical digital
components in industrial control systems.’’; United States vote to allocate Special Draw-
formed service’’. ing Rights under article XVIII, sections 2
(f) TECHNICAL AND CONFORMING AMEND- (2) in subsection (b)—
(A) in the matter preceding paragraph (1), and 3, of the Articles of Agreement of the
MENTS.—
by striking ‘‘2-year’’ and inserting ‘‘4-year’’; Fund to a member country of the Fund, if
(1) AUTHORIZED END STRENGTH OF THE
and the government of the member country has—
READY RESERVES OF THE ARMED FORCES.—Sec-
(B) in paragraph (1), by striking ‘‘(includ- ‘‘(A) committed genocide at any time dur-
tion 10142 of title 10, United States Code, is
ing critical component manufacturers in the ing the 10-year period ending with the date
amended by inserting ‘‘of the armed forces’’
supply chain)’’; of the vote; or
after ‘‘Ready Reserve’’ both places it ap-
(3) in subsection (d), by striking paragraph ‘‘(B) been determined by the Secretary of
pears.
(2) and inserting the following: State, as of the date of the enactment of the
(2) CONTINUOUS SCREENING PROVISIONS AP-
‘‘(2) UPDATED REPORT.—Not later than 2 James M. Inhofe National Defense Author-
PLICABLE TO ARMED FORCES.—Section 10149(a)
years after the date on which funds are first ization Act for Fiscal Year 2023, to have re-
of title 10, United States Code, is amended by
disbursed under the Program, the Secretary peatedly provided support for acts of inter-
inserting ‘‘of the armed forces’’ after ‘‘mem-
shall update the report submitted under national terrorism, for purposes of—
bers of the Ready Reserve’’.
paragraph (1) and submit the updated report ‘‘(i) section 1754(c)(1)(A)(i) of the Export
(3) COMPOSITION OF STANDBY RESERVES OF
to the appropriate congressional commit- Control Reform Act of 2018 (50 U.S.C.
ARMED FORCES.—Section 10151 of title 10,
tees.’’; and 4813(c)(1)(A)(i));
United States Code, is amended by inserting
(4) in subsection (h)— ‘‘(ii) section 620A of the Foreign Assistance
‘‘of the armed forces’’ after ‘‘The Standby
(A) in paragraph (1), by striking Act of 1961 (22 U.S.C. 2371);
Reserve’’.
‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and ‘‘(iii) section 40(d) of the Arms Export Con-
SA 5654. Mr. CORNYN (for himself, (B) in paragraph (2), by striking trol Act (22 U.S.C. 2780(d)); or
Mr. WHITEHOUSE, Mr. HAGERTY, and ‘‘$1,500,000’’ and inserting ‘‘$3,000,000’’. ‘‘(iv) any other provision of law.’’.
Mrs. FISCHER) submitted an amend- SA 5658. Mr. KENNEDY submitted an
ment intended to be proposed to SA 5656. Mr. KENNEDY submitted an
amendment intended to be proposed to amendment intended to be proposed to
amendment SA 5499 submitted by Mr. amendment SA 5499 submitted by Mr.
REED (for himself and Mr. INHOFE) and amendment SA 5499 submitted by Mr.
REED (for himself and Mr. INHOFE) and REED (for himself and Mr. INHOFE) and
intended to be proposed to the bill H.R. intended to be proposed to the bill H.R.
7900, to authorize appropriations for intended to be proposed to the bill H.R.
7900, to authorize appropriations for 7900, to authorize appropriations for
fiscal year 2023 for military activities fiscal year 2023 for military activities
of the Department of Defense, for mili- fiscal year 2023 for military activities
of the Department of Defense, for mili- of the Department of Defense, for mili-
tary construction, and for defense ac- tary construction, and for defense ac-
tivities of the Department of Energy, tary construction, and for defense ac-
tivities of the Department of Energy, tivities of the Department of Energy,
to prescribe military personnel to prescribe military personnel
to prescribe military personnel
strengths for such fiscal year, and for strengths for such fiscal year, and for
strengths for such fiscal year, and for
other purposes; which was ordered to other purposes; which was ordered to
other purposes; which was ordered to
lie on the table; as follows: lie on the table; as follows:
lie on the table; as follows:
At the appropriate place, insert the fol- At the appropriate place, insert the fol-
lowing: At the end of subtitle E of title V, add the
following: lowing:
SEC. lll. TREATMENT OF EXEMPTIONS UNDER
SEC. 564. PARTICIPATION OF THE RESERVE COM- SEC. llll. DISCLOSURES BY DIRECTORS, OFFI-
FARA.
PONENTS IN THE SKILLBRIDGE PRO- CERS, AND PRINCIPAL STOCK-
Section 3 of the Foreign Agents Registra- GRAM. HOLDERS.
tion Act of 1938, as amended (22 U.S.C. 613), (a) IN GENERAL.—Section 16(a)(1) of the Se-
Section 1143(e)(2) of title 10, United States
is amended, in the matter preceding sub- Code, is amended to read as follows: curities Exchange Act of 1934 (15 U.S.C.
section (a), by inserting ‘‘, except that the ‘‘(2) A member of the armed forces is eligi- 78p(a)(1)) is amended by inserting ‘‘(includ-
exemptions under subsections (d)(1) and (h) ble for a program under this subsection if— ing any such security of a foreign private
shall not apply to any agent of a foreign ‘‘(A) the member— issuer, as that term is defined in section
principal that is listed as a foreign adversary ‘‘(i) has completed at least 180 days on ac- 240.3b–4 of title 17, Code of Federal Regula-
(as defined in section 8(c) of the Secure and tive duty in the armed forces; and tions, or any successor regulation)’’ after
Trusted Communications Networks Act of ‘‘(ii) is expected to be discharged or re- ‘‘pursuant to section 12’’.
2019 (47 U.S.C. 1607(c))) in accordance with leased from active duty in the armed forces (b) EFFECT ON REGULATION.—If any provi-
that Act’’ before the colon. within 180 days of the date of commencement sion of section 240.3a12–3(b) of title 17, Code
of participation in such a program; or of Federal Regulations, or any successor reg-
SA 5655. Mr. RISCH (for himself and ulation, is inconsistent with the amendment
‘‘(B) the member is a member of a reserve
Mr. KING) submitted an amendment in- component.’’. made by subsection (a), that provision of
tended to be proposed to amendment such section 240.3a12–3(b) (or such successor)
SA 5499 submitted by Mr. REED (for SA 5657. Mr. KENNEDY submitted an shall have no force or effect.
himself and Mr. INHOFE) and intended amendment intended to be proposed to (c) ISSUANCE OR AMENDMENT OF REGULA-
to be proposed to the bill H.R. 7900, to amendment SA 5499 submitted by Mr. TIONS.—Not later than 90 days after the date
authorize appropriations for fiscal year REED (for himself and Mr. INHOFE) and of enactment of this Act, the Securities and
Exchange Commission shall issue final regu-
2023 for military activities of the De- intended to be proposed to the bill H.R. lations (or amend existing regulations of the
partment of Defense, for military con- 7900, to authorize appropriations for Commission) to carry out the amendment
struction, and for defense activities of fiscal year 2023 for military activities made by subsection (a).
the Department of Energy, to prescribe of the Department of Defense, for mili-
ctelli on DSK11ZRN23PROD with SENATE
military personnel strengths for such tary construction, and for defense ac- SA 5659. Mr. KENNEDY submitted an
fiscal year, and for other purposes; tivities of the Department of Energy, amendment intended to be proposed to
which was ordered to lie on the table; to prescribe military personnel amendment SA 5499 submitted by Mr.
as follows: strengths for such fiscal year, and for REED (for himself and Mr. INHOFE) and
At the appropriate place, insert the fol- other purposes; which was ordered to intended to be proposed to the bill H.R.
lowing: lie on the table; as follows: 7900, to authorize appropriations for
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5063
fiscal year 2023 for military activities ‘‘(C) The type of support to be provided to States special operations forces during such
of the Department of Defense, for mili- the recipient of the funds, and a description period.
tary construction, and for defense ac- of the end-use monitoring to be used in con- ‘‘(C) The type of recipients that were pro-
nection with the use of the funds. vided support under this section during such
tivities of the Department of Energy,
‘‘(D) The amount obligated under the au- period, identified by authorized category
to prescribe military personnel thority to provide support. (foreign forces, irregular forces, groups, or
strengths for such fiscal year, and for ‘‘(E) The determination of the Secretary individuals).
other purposes; which was ordered to that the provision of support does not con- ‘‘(D) A detailed description of the support
lie on the table; as follows: stitute any of the following: provided to the recipients under this section
At the end of subtitle F of title XII, add ‘‘(i) A specific authorization within the during such period.
the following: meaning of section 5(b) of the War Powers ‘‘(E) The total amount obligated for sup-
SEC. 1276. SUPPORT OF SPECIAL OPERATIONS Resolution (50 U.S.C. 1544(b)) for the intro- port under this section during such period,
FOR IRREGULAR WARFARE. duction of United States armed forces into including budget details.
(a) IN GENERAL.—Chapter 3 of title 10, hostilities or situations wherein hostilities ‘‘(F) The intended duration of support pro-
United States Code, is amended by inserting are clearly indicated by circumstances. vided under this section during such period.
after section 127c the following new section: ‘‘(ii) A covert action, as such term is de- ‘‘(G) An assessment of value of the support
‘‘§ 127d. Support of special operations for ir- fined in section 503(e) of the National Secu- provided under this section during such pe-
regular warfare rity Act of 1947 (50 U.S.C. 3093(e)). riod, including a summary of significant ac-
‘‘(a) AUTHORITY.—The Secretary of Defense ‘‘(iii) An authorization for the provision of tivities undertaken by foreign forces, irreg-
may, with the concurrence of the relevant support to regular forces, irregular forces, ular forces, groups, or individuals to support
Chief of Mission, expend up to $25,000,000 for groups or individuals for the conduct of oper- irregular warfare operations by United
each fiscal year to provide support to foreign ations that United States special operations States special operations forces.
forces, irregular forces, groups, or individ- forces are not otherwise legally authorized ‘‘(H) The total amount obligated for sup-
uals engaged in supporting or facilitating on- to conduct themselves. port under this section in prior fiscal years.
going and authorized irregular warfare oper- ‘‘(iv) The conduct or support of activities, ‘‘(i) IRREGULAR WARFARE DEFINED.—In this
ations by United States special operations whether directly or indirectly, that are in- section, the term ‘irregular warfare’ means
forces. consistent with the laws of armed conflict. activities in support of predetermined
‘‘(b) FUNDS.—(1) Funds for support under ‘‘(e) LIMITATION ON DELEGATION.—The au- United States policy and military objectives
this section in a fiscal year shall be derived thority of the Secretary to make funds avail- conducted by, with, and through regular
from amounts authorized to be appropriated able under this section for support of a mili- forces, irregular forces, groups, and individ-
for that fiscal year for the Department of tary operation may not be delegated. uals participating in competition between
Defense for operation and maintenance. ‘‘(f) CONSTRUCTION OF AUTHORITY.—Nothing state and non-state actors short of tradi-
‘‘(2) Funds may not be made available in this section shall be construed to con- tional armed conflict.’’.
under paragraph (1) until 15 days after the stitute a specific statutory authorization for (b) CLERICAL AMENDMENT.—The table of
submittal of the strategy required by section any of the following: sections at the beginning of such chapter is
1097 of the National Defense Authorization ‘‘(1) The conduct of a covert action, as such amended by inserting after the item relating
Act for Fiscal Year 2016 (Public Law 114–92; term is defined in section 503(e) of the Na- to section 127c the following new item:
129 Stat. 1020). tional Security Act of 1947.
‘‘127d. Support of special operations for ir-
‘‘(c) PROCEDURES.—(1) The authority in ‘‘(2) The introduction of United States
regular warfare.’’.
this section shall be exercised in accordance armed forces, within the meaning of section ---
with such procedures as the Secretary shall 5(b) of the War Powers Resolution, into hos-
SA 5660. Mr. KENNEDY submitted an
establish for purposes of this section. tilities or into situations wherein hostilities
‘‘(2) The procedures required under para- are clearly indicated by the circumstances. amendment intended to be proposed to
graph (1) shall establish, at a minimum, the ‘‘(3) The provision of support to regular amendment SA 5499 submitted by Mr.
following: forces, irregular forces, groups, or individ- REED (for himself and Mr. INHOFE) and
‘‘(A) Policy guidance for the execution of, uals for the conduct of operations that intended to be proposed to the bill H.R.
and constraints within, activities under the United States special operations forces are 7900, to authorize appropriations for
authority in this section. not otherwise legally authorized to conduct fiscal year 2023 for military activities
‘‘(B) The processes through which activi- themselves. of the Department of Defense, for mili-
ties under the authority in this section are ‘‘(4) The conduct or support of activities,
to be developed, validated, and coordinated, tary construction, and for defense ac-
directly or indirectly, that are inconsistent
as appropriate, with relevant entities of the with the laws of armed conflict. tivities of the Department of Energy,
United States Government. ‘‘(g) PROGRAMMATIC AND POLICY OVER- to prescribe military personnel
‘‘(C) The processes through which legal re- SIGHT.—The Assistant Secretary of Defense strengths for such fiscal year, and for
views and determinations are made to com- for Special Operations and Low-Intensity other purposes; which was ordered to
ply with the authority in this section and Conflict shall have primary programmatic lie on the table; as follows:
ensure that the exercise of such authority is and policy oversight within the Office of the
At the end of subtitle G of title X of divi-
consistent with the national security of the Secretary of Defense of support to irregular
sion A, add the following:
United States. warfare activities authorized by this section.
‘‘(3) The Secretary shall notify the con- ‘‘(h) BIANNUAL REPORTS.—(1) Not later SEC. llll. DISCLOSURES OF FOREIGN GIFTS.
gressional defense committees of the proce- than 120 days after the close of each fiscal Section 117 of the Higher Education Act of
dures established pursuant to this section year in which subsection (a) is in effect, the 1965 (20 U.S.C. 1011f) is amended—
before any exercise of the authority in this Secretary shall submit to the congressional (1) in subsection (a), by striking ‘‘When-
section, and shall notify such committee of defense committees a report on the support ever’’ and inserting ‘‘Except as provided in
any material modification of the procedures. provided under this section during the pre- subsection (d), whenever’’;
‘‘(d) NOTIFICATION.—(1) Not later than 15 ceding fiscal year. (2) by redesignating subsections (d)
days before exercising the authority in this ‘‘(2) Not later than 180 days after the sub- through (h) as subsections (e) through (i), re-
section to make funds available to initiate mittal of each report required by paragraph spectively;
support of an ongoing and authorized oper- (1), the Secretary shall submit to the con- (3) by inserting after subsection (c) the fol-
ation or changing the scope or funding level gressional defense committees a report on lowing:
of any support under this section for such an the support provided under this section dur- ‘‘(d) SPECIAL RULES RELATING TO CHINA-AF-
operation by $500,000 or an amount equal to ing the first half of the fiscal year in which FILIATED ORGANIZATIONS.—
10 percent of such funding level (whichever is the report under this paragraph is sub- ‘‘(1) ENHANCED DISCLOSURES OF GIFTS AND
less), the Secretary shall notify the congres- mitted. CONTRACTS.—
sional defense committees of the use of such ‘‘(3) Each report required by this sub- ‘‘(A) IN GENERAL.—Whenever any institu-
authority with respect to such operation. section shall include the following: tion receives a gift from or enters into a con-
Any such notification shall be in writing. ‘‘(A) A summary of the ongoing irregular tract with a China-affiliated organization,
‘‘(2) A notification required by this sub- warfare operations, and associated author- the value of which is $5,000 or more, consid-
section shall include the following: ized campaign plans, being conducted by ered alone or in combination with all other
‘‘(A) The type of support to be provided to United States special operations forces that gifts from or contracts with that organiza-
United States special operations forces, and were supported or facilitated by foreign tion within a calendar year, the institution
ctelli on DSK11ZRN23PROD with SENATE
a description of the ongoing and authorized forces, irregular forces, groups, or individ- shall file a disclosure report with the Sec-
operation to be supported. uals for which support was provided under retary on January 31 or July 31, whichever is
‘‘(B) A description of the foreign forces, ir- this section during the period covered by sooner.
regular forces, groups, or individuals en- such report. ‘‘(B) CONTENTS OF REPORT.—Each report
gaged in supporting or facilitating the ongo- ‘‘(B) A description of the support or facili- under subparagraph (A) shall include—
ing and authorized operation that is to be tation provided by such foreign forces, irreg- ‘‘(i) the information described in sub-
the recipient of funds. ular forces, groups, or individuals to United sections (b) and (c) (as applicable);
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S5064 CONGRESSIONAL RECORD — SENATE September 27, 2022
‘‘(ii) the full legal name of the individual SEC. 1276. MODIFICATION OF INITIATIVE TO SUP- (C) In its review of such textbooks, the
or organization that made the gift or entered PORT PROTECTION OF NATIONAL United Nations Relief and Works Agency for
SECURITY ACADEMIC RESEARCHERS
into the contract to which the disclosure Palestine Refugees in the Near East identi-
FROM UNDUE INFLUENCE AND
pertains; and OTHER SECURITY THREATS. fied content not aligned with United Nations
‘‘(iii) instructions for accessing the infor- (a) IN GENERAL.—Clause (iii) of section values. The majority of content so identified
mation made available under paragraph (3). 1286(c)(8)(A) of the John S. McCain National presents problematic issues relating to neu-
‘‘(2) DISCLOSURE OF JOINT ACTIVITIES.—On Defense Authorization Act for Fiscal Year trality or bias, including issues relating to
an annual basis, any institution that re- 2019 (10 U.S.C. 4001 note) is amended— maps and references to Jerusalem as the cap-
ceives funds under a Federal grant program (1) in subclause (I), by striking ‘‘or’’ at the ital of Palestine.
shall file a disclosure report with the Sec- end; and (b) SENSE OF CONGRESS.—It is the sense of
retary that identifies any activities con- (2) by adding at the end the following new Congress that the Palestinian Authority has
subclause: not sufficiently eliminated from the cur-
ducted pursuant to a contract or other
‘‘(III) to provide documented support to a riculum used in schools in areas controlled
agreement between the institution and a
defense or intelligence agency of the applica- by the Palestinian Authority content that
China-affiliated organization, including any
ble country; or’’. encourages violence or intolerance toward
joint research or academic exchanges.
(b) PROHIBITION ON USE OF FUNDS.— other countries and ethnic groups.
‘‘(3) PUBLIC AVAILABILITY OF AGREEMENTS.— (c) REPORTS.—
(1) IN GENERAL.—None of the funds author-
Each institution shall make available, on a (1) IN GENERAL.—The Secretary of State
ized to be appropriated by this Act or other-
publicly accessible website of the institu- shall submit to the Committee on Foreign
wise made available for fiscal year 2023 or
tion, the full text of any contract, agree- Relations of the Senate and the Committee
any subsequent fiscal year for the Depart-
ment, or memorandum of understanding be- on Foreign Affairs of the House of Represent-
ment of Defense for research, development,
tween the institution and a China-affiliated test, and evaluation may be provided to an atives a report reviewing the curriculum
organization (regardless of whether the con- entity that maintains a contract between used in schools in areas controlled by the
tract, agreement, or memorandum remains the entity and an academic institution of the Palestinian Authority or located in Gaza and
in effect).’’; and People’s Republic of China or the Russian controlled by any other entity—
(4) in subsection (i), as so redesignated— Federation identified on the list developed (A) not later than 180 days after the date of
(A) by redesignating paragraphs (1) section 1286(c)(8)(A) of the John S. McCain the enactment of this Act; and
through (5) as paragraphs (2) through (6), re- National Defense Authorization Act for Fis- (B) during each of the 2 years following the
spectively; and cal Year 2019 (10 U.S.C. 4001 note) by reason submission of the initial report under sub-
(B) by inserting before paragraph (2) the of being described in clause (ii) or (iii) of paragraph (A), not later than 90 days after
following: such section. the date on which a new school year begins
‘‘(1) the term ‘China-affiliated organiza- (2) WAIVER.—The Secretary of Defense may for schools in areas controlled by the Pales-
tion’ means any entity that receives support waive paragraph (1) with respect to an entity tinian Authority.
directly or indirectly from the Government if the Secretary determines that such a (2) ELEMENTS.—Each report required by
of the People’s Republic of China, includ- waiver is appropriate. paragraph (1) shall include the following:
ing— (A) A determination as to whether the cur-
‘‘(A) a cultural, language, or educational SA 5662. Mr. KENNEDY submitted an riculum reviewed contains content that en-
institute or program; amendment intended to be proposed to courages violence or intolerance toward
‘‘(B) a think tank that has received more amendment SA 5499 submitted by Mr. other countries or ethnic groups, and a de-
than $100,000 in one calendar year or more REED (for himself and Mr. INHOFE) and tailed explanation of the reasons for reach-
than 10 percent of the total funding for such intended to be proposed to the bill H.R. ing such determination.
think tank for that year, whichever is less, (B) An assessment of the steps the Pales-
7900, to authorize appropriations for tinian Authority is taking to reform cur-
from the Chinese Communist Party or indi- fiscal year 2023 for military activities
viduals affiliated with the Chinese Com- riculum containing such content at schools
of the Department of Defense, for mili- so as to conform with standards of peace and
munist Party;
tary construction, and for defense ac- tolerance in the Declaration of Principles on
‘‘(C) a person who is a current member of
the Chinese Communist Party or otherwise
tivities of the Department of Energy, Tolerance adopted by member countries of
active in collaborating with the Chinese to prescribe military personnel the United Nations Educational, Scientific,
Government as an employee or advisor; strengths for such fiscal year, and for and Cultural Organization on November 16,
other purposes; which was ordered to 1995.
‘‘(D) a Chinese state-owned enterprise or
lie on the table; as follows: (C) A determination as to whether United
partially or wholly owned subsidiary of a
States foreign assistance is used, directly or
Chinese state-owned enterprise; and At the end of subtitle E of title XII, add
indirectly, to fund the dissemination of such
‘‘(E) a company, think tank, nonprofit, or the following:
curriculum by the Palestinian Authority.
other similar entity, which has on its board SEC. 1262. PEACE AND TOLERANCE IN PALES-
TINIAN EDUCATION. (D) A detailed report on the manner in
of directors or with equity ownership or vot- which United States assistance is being used
ing control in excess of 5 percent any mem- (a) FINDINGS.—Congress makes the fol-
lowing findings: to address curriculum that encourages vio-
bers of the Chinese Communist Party or ex- lence or intolerance toward other countries
ecutives of a Chinese state-owned enterprise, (1) In 2016 and 2017, the Palestinian Author-
ity published a modified curriculum for or ethnic groups.
including the president, vice president, or (E) A detailed report on United States dip-
any other officer who performs a policy mak- school-aged children in grades 1 through 11.
(2) Textbooks used by the Palestinian Au- lomatic efforts, during the 5-year period pre-
ing function or any other person who per- ceding the date on which the report is sub-
forms similar policy making functions for thority in the West Bank and Gaza include
graphics portraying violence against Israeli mitted, to encourage peace and tolerance in
such enterprise, including an executive offi- Palestinian education.
soldiers, positive portrayals of individuals
cer of a subsidiary of such enterprise who (F) If any diplomatic effort referred to in
who have committed attacks against citizens
performs such policy making functions.’’. subparagraph (E) was terminated by the Sec-
of Israel, and references to Palestinian ef-
forts to target the ‘‘Zionists’’. retary of State, the reasons for such termi-
(3) Palestinian Authority textbooks are nation.
SA 5661. Mr. KENNEDY submitted an (3) PUBLIC AVAILABILITY.—The Secretary
used at schools sponsored by the United Na-
amendment intended to be proposed to tions Relief and Works Agency for Palestine shall make each report required by para-
amendment SA 5499 submitted by Mr. Refugees in the Near East because the graph (1) available to the public on a pub-
REED (for himself and Mr. INHOFE) and schools use the textbooks of the host govern- licly accessible internet website of the De-
ment. partment of State.
intended to be proposed to the bill H.R.
(4) On April 26, 2018, the Government Ac-
7900, to authorize appropriations for SA 5663. Mr. KENNEDY submitted an
countability Office published a report that
fiscal year 2023 for military activities found the following: amendment intended to be proposed to
of the Department of Defense, for mili- (A) Textbooks in schools in areas con- amendment SA 5499 submitted by Mr.
tary construction, and for defense ac- trolled by the Palestinian Authority feature REED (for himself and Mr. INHOFE) and
tivities of the Department of Energy, inaccurate and misleading maps of the re- intended to be proposed to the bill H.R.
gion and include militaristic, adversarial im- 7900, to authorize appropriations for
to prescribe military personnel
ctelli on DSK11ZRN23PROD with SENATE
agery and content that incites hatred. fiscal year 2023 for military activities
strengths for such fiscal year, and for (B) The Department of State raised with
of the Department of Defense, for mili-
other purposes; which was ordered to Palestinian officials the objectionable con-
tent in the textbooks, including a specific tary construction, and for defense ac-
lie on the table; as follows: tivities of the Department of Energy,
math problem using the number of Pales-
At the end of subtitle F of title XII, add tinian casualties in the First and Second to prescribe military personnel
the following: Intifadas. strengths for such fiscal year, and for
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5065
other purposes; which was ordered to such countries of the threat posed by such (3) in subsection (e)—
lie on the table; as follows: operatives in third-party countries. (A) by striking paragraph (2) and inserting
(b) APPROPRIATE COMMITTEES OF CONGRESS the following:
At the appropriate place, insert the fol- DEFINED.—In this section, the term ‘‘appro- ‘‘(3) CANCELLATIONS.—The Secretary may
lowing: priate committees of Congress’’ means— cancel, in whole or in part, any offer to sell
SEC. lllll. FOREIGN STATE COMPUTER IN- (1) the Committee on Armed Services and petroleum products as part of any drawdown
TRUSIONS.
the Committee on Foreign Relations of the and sale under this section.’’; and
(a) IN GENERAL.—Chapter 97 of title 28, Senate; and (B) by striking ‘‘(e)(1) The Secretary’’ and
United States Code, is amended by inserting (2) the Committee on Armed Services and all that follows through the end of paragraph
after section 1605B the following: the Committee on Foreign Affairs of the (1) and inserting the following:
‘‘§ 1605C. Computer intrusions by a foreign House of Representatives. ‘‘(c) PROCEDURE FOR SALES.—
state ‘‘(1) IN GENERAL.—Subject to paragraph (2),
‘‘A foreign state shall not be immune from SA 5665. Mr. KENNEDY submitted an the Secretary shall sell petroleum products
the jurisdiction of the courts of the United amendment intended to be proposed to withdrawn from the Strategic Petroleum Re-
States or of the States in any case not other- amendment SA 5499 submitted by Mr. serve—
wise covered by this chapter in which money REED (for himself and Mr. INHOFE) and ‘‘(A) at public sale;
damages are sought against a foreign state ‘‘(B) after providing public notice of each
intended to be proposed to the bill H.R. sale;
by a national of the United States for per- 7900, to authorize appropriations for
sonal injury, harm to reputation, or damage ‘‘(C) for such period as the Secretary con-
fiscal year 2023 for military activities siders to be appropriate; and
to or loss of property resulting from any of
the following activities, whether occurring of the Department of Defense, for mili- ‘‘(D) without regard to Federal, State, or
in the United States or a foreign state: tary construction, and for defense ac- local regulations relating to sales of petro-
tivities of the Department of Energy, leum products.
‘‘(1) Unauthorized access to or access ex-
to prescribe military personnel ‘‘(2) PRICING.—The Secretary shall—
ceeding authorization to a computer located
‘‘(A) establish the price for each sale of pe-
in the United States. strengths for such fiscal year, and for troleum products withdrawn from the Re-
‘‘(2) Unauthorized access to confidential, other purposes; which was ordered to serve; and
electronic stored information located in the lie on the table; as follows: ‘‘(B) sell the petroleum products to the
United States.
At the end of subtitle D of title XXXI of di- qualified bidder offering the highest bid, sub-
‘‘(3) The transmission of a program, infor-
vision C, add the following: ject to the condition that pricing preference
mation, code, or command to a computer lo-
SEC. 313ll. PRICING PREFERENCE FOR DOMES- shall be given to qualified bidders that are
cated in the United States, which, as a result TIC ENTITIES IN SALE OF domestic entities, in accordance with sub-
of such conduct, causes damage without au- DRAWDOWNS FROM STRATEGIC PE- section (d).’’;
thorization. TROLEUM RESERVE. (4) by inserting after subsection (c) (as so
‘‘(4) The use, dissemination, or disclosure, (a) DEFINITIONS.—Section 152 of the Energy redesignated) the following:
without consent, of any information ob- Policy and Conservation Act (42 U.S.C. 6232) ‘‘(d) PRICING PREFERENCE FOR DOMESTIC
tained by means of any activity described in is amended— ENTITIES.—
paragraph (1), (2), or (3). (1) by striking paragraph (5); ‘‘(1) IN GENERAL.—Notwithstanding any
‘‘(5) The provision of material support or (2) by redesignating paragraphs (4), (6), (8), other provision of law, in each sale under
resources for any activity described in para- (9), (10), and (11) as paragraphs (3), (5), (6), (7), this section of petroleum products with-
graph (1), (2), (3), or (4), including by an offi- (8), and (9), respectively; drawn from the Reserve, the Secretary shall
cial, employee, or agent of such foreign (3) in each of paragraphs (3) through (9) (as provide to qualified bidders that are domes-
state.’’. so redesignated), by inserting a paragraph tic entities a pricing preference in accord-
(b) TECHNICAL AND CONFORMING AMEND- heading, the text of which comprises the ance with paragraph (2).
MENT.—The table of sections for chapter 97 of term defined in the paragraph; ‘‘(2) MECHANISM FOR ADJUSTMENT.—To pro-
title 28, United States Code, is amended by (4) by inserting after paragraph (3) (as so vide pricing preference required by para-
inserting after the item relating to section redesignated) the following: graph (1) in conducting a sale under this sec-
1605B the following: ‘‘(4) QUALIFIED BIDDER.—The term ‘quali- tion the Secretary shall, in accordance with
‘‘1605C. Computer intrusions by a foreign fied bidder’ means an individual or entity subsection (c)—
state.’’. that— ‘‘(A) accept bids from all qualified bidders;
(c) APPLICATION.—This section and the ‘‘(A) submits to the Secretary an offer to but
amendments made by this section shall purchase petroleum products withdrawn ‘‘(B) in evaluating the accepted bids to
apply to any action pending on or filed on or from the Reserve and offered for sale pursu- identify the highest bidder, add to the bid
after the date of the enactment of this Act. ant to section 161; and price offered by each qualified bidder that is
‘‘(B) meets such criteria as the Secretary a domestic entity—
SA 5664. Mr. KENNEDY submitted an determines to be appropriate to participate ‘‘(i) for a domestic entity that is a small
amendment intended to be proposed to in that sale.’’; and business concern (as defined in section 3 of
amendment SA 5499 submitted by Mr. (5) by striking the section designation and the Small Business Act (15 U.S.C. 632)), an
heading and all that follows through ‘‘(2) The amount equal to the product obtained by
REED (for himself and Mr. INHOFE) and
term’’ and inserting the following: multiplying—
intended to be proposed to the bill H.R. ‘‘SEC. 152. DEFINITIONS. ‘‘(I) the amount of the bid price offered by
7900, to authorize appropriations for ‘‘In this part and part C: that domestic entity; and
fiscal year 2023 for military activities ‘‘(1) DOMESTIC ENTITY.—The term ‘domestic ‘‘(II) 15 percent; and
of the Department of Defense, for mili- entity’ means a commercial entity that, as ‘‘(ii) for a domestic entity that is not a
tary construction, and for defense ac- determined by the Secretary— small business concern described in clause
tivities of the Department of Energy, ‘‘(A) is headquartered in the United States; (i), an amount equal to the product obtained
to prescribe military personnel and by multiplying—
‘‘(B) purchases or sells petroleum products ‘‘(I) the amount of the bid price offered by
strengths for such fiscal year, and for
in the United States. that domestic entity; and
other purposes; which was ordered to ‘‘(II) 10 percent.
‘‘(2) IMPORTER.—The term’’.
lie on the table; as follows: (b) PRICING PREFERENCE FOR DOMESTIC EN- ‘‘(3) EFFECT OF SUBSECTION.—Nothing in
At the end of subtitle C of title XII, add TITIES.—Section 161 of the Energy Policy and this subsection—
the following: Conservation Act (42 U.S.C. 6241) is amend- ‘‘(A) requires the Secretary to sell petro-
SEC. 1239. REPORT ON ISLAMIC REVOLUTIONARY ed— leum products withdrawn from the Reserve
GUARD CORPS-AFFILIATED (1) in subsection (a), by striking ‘‘the pro- to a domestic entity if the highest bid re-
OPERATIVES ABROAD. visions of’’; ceived from a qualified bidder that is a do-
(a) IN GENERAL.—Not later than 180 days (2) in subsection (d)— mestic entity, as adjusted pursuant to para-
after the date of the enactment of this Act, (A) by striking ‘‘(d)(1) Drawdown’’ and in- graph (2), is lower than a bid received from a
the Secretary of State, in consultation with serting the following: qualified bidder that is not a domestic enti-
the Secretary of Defense, shall submit to the ‘‘(b) PREREQUISITE PRESIDENTIAL FINDING.— ty; or
appropriate committees of Congress a report ‘‘(1) IN GENERAL.—A drawdown’’; and ‘‘(B) modifies, supercedes, or otherwise af-
ctelli on DSK11ZRN23PROD with SENATE
that includes a detailed description of— (B) in paragraph (2)— fects the application of, or any requirement
(1) all operatives affiliated with the Is- (i) by striking ‘‘(2) For purposes’’ and in- under, subsection (h).’’;
lamic Revolutionary Guard Corps who serve serting the following: (5) in subsection (g)—
in diplomatic and consular posts abroad; and ‘‘(2) FACTORS FOR DEEMED EXISTENCE.—For (A) by striking the subsection designation
(2) the ways in which the Department of purposes’’; and and all that follows through ‘‘Such a’’ in the
State and the Department of Defense are (ii) by indenting subparagraphs (A) third sentence of paragraph (1) and inserting
working with partner countries to inform through (C) appropriately; the following:
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S5066 CONGRESSIONAL RECORD — SENATE September 27, 2022
‘‘(e) EVALUATION; TEST DRAWDOWNS.— (A) in subsection (b)— (B) in subsection (d), in the matter pre-
‘‘(1) EVALUATION.—The Secretary shall con- (i) in the matter preceding paragraph (1)— ceding paragraph (1)—
duct a continuing evaluation of the draw- (I) by striking ‘‘following objectives:’’ and (i) by striking ‘‘subsection (g) of such sec-
down and sales procedures under this sec- inserting ‘‘objectives of—’’; and tion’’ and inserting ‘‘subsection (e) of that
tion, including the application of the pricing (II) by striking ‘‘(b) The Secretary shall, to section’’; and
preference for domestic entities under sub- the greatest’’ and inserting the following: (ii) by striking ‘‘section 160(f)’’ and insert-
section (d). ‘‘(b) OBJECTIVES FOR ACQUISITIONS.—The ing ‘‘section 160(d)’’.
‘‘(2) TEST DRAWDOWNS.—In conducting an Secretary shall, to the maximum’’; (4) Section 168(a) of the Energy Policy and
evaluation under paragraph (1), the Sec- (ii) by inserting after paragraph (1) the fol- Conservation Act (42 U.S.C. 6247a(a)) is
retary may carry out a test drawdown and lowing: amended, in the first sentence, by striking
sale or exchange of petroleum products from ‘‘(2) support of domestic entities by pro- ‘‘product owned’’ and inserting ‘‘products
the Reserve, subject to the condition that viding pricing preference in accordance with owned’’.
such a’’; section 161(d);’’; and (5) The table of contents of the Energy Pol-
(B) in paragraph (4), by inserting ‘‘, subject (iii) by indenting paragraphs (1), (3), (4), icy and Conservation Act (42 U.S.C. 6201
to the condition that pricing preference may and (5) appropriately; note; Public Law 94–163) is amended by strik-
be provided to domestic entities in accord- (B) in subsection (f)— ing the items relating to the second part D
ance with subsection (d), as the Secretary (i) by striking ‘‘the Reserve and may sell’’ of title I (relating to expiration) and the sec-
determines to be appropriate’’ before the pe- and inserting the following: ‘‘the Reserve; ond section 181 (relating to expiration).
riod at the end; and and
(C) by indenting paragraph (6) appro- ‘‘(2) subject to section 161(d), may sell’’; SA 5666. Mr. KENNEDY submitted an
priately; (ii) by striking ‘‘the Secretary may sus- amendment intended to be proposed to
(6) in subsection (h)(1)— pend’’ and inserting the following: ‘‘the Sec- amendment SA 5499 submitted by Mr.
(A) by striking the undesignated matter retary— REED (for himself and Mr. INHOFE) and
following subparagraph (D); ‘‘(1) may suspend’’; and intended to be proposed to the bill H.R.
(B) by striking ‘‘(h)(1) If’’ and inserting the (iii) by striking ‘‘(f) If the’’ and inserting 7900, to authorize appropriations for
following: the following: fiscal year 2023 for military activities
‘‘(f) PRESIDENTIAL FINDING ON SHORT- ‘‘(d) IMMINENT SEVERE ENERGY SUPPLY
AGES.—
of the Department of Defense, for mili-
INTERRUPTIONS.—If the’’;
‘‘(1) IN GENERAL.—Subject to paragraph (2) (C) in subsection (h)— tary construction, and for defense ac-
and subsection (d), the Secretary may draw- (i) in paragraph (2)— tivities of the Department of Energy,
down and sell petroleum products from the (I) by redesignating subparagraphs (A) and to prescribe military personnel
Strategic Petroleum Reserve if’’; (B) as clauses (i) and (ii), respectively, and strengths for such fiscal year, and for
(C) in subparagraph (A), by striking ‘‘sub- indenting the clauses appropriately; and other purposes; which was ordered to
section (d)’’ and inserting ‘‘subsection (b)’’; (II) in the matter preceding clause (i) (as so lie on the table; as follows:
(D) by indenting subparagraphs (A) and (B) redesignated), in the second sentence, by At the end of subtitle E of title XII, add
appropriately; and striking ‘‘The price paid by the Secretary— the following:
(E) in subparagraph (D), by striking the ’’ and inserting the following: SEC. 1262. REPORTS ON REVOCATIONS OF DES-
comma at the end and inserting a period; ‘‘(B) PRICE.—The price paid by the Sec- IGNATIONS OF ORGANIZATIONS AS
(7) by redesignating subsections (i) and (j) retary for an acquisition pursuant to this FOREIGN TERRORIST ORGANIZA-
as subsections (g) and (h), respectively; and subsection—’’; and TIONS.
(8) in paragraph (2) of subsection (h) (as so (III) by striking ‘‘(2) Crude oil’’ and insert- (a) IN GENERAL.—Not later than 30 days
redesignated), in the paragraph heading, by ing the following: after the date on which a designation of an
striking ‘‘IN GENERAL’’ and inserting ‘‘STATE ‘‘(2) PRICING FOR ACQUISITIONS.— organization as a foreign terrorist organiza-
OF HAWAI’I’’. ‘‘(A) COMPETITIVE BID.—Crude oil’’; tion under section 219 of the Immigration
(c) TECHNICAL AND CONFORMING AMEND- (ii) in paragraph (1), by striking the second and Nationality Act (8 U.S.C. 1189) is re-
MENTS.— sentence and inserting the following: voked, the Secretary of State and the Direc-
(1) Section 154 of the Energy Policy and ‘‘(B) TERMS AND CONDITIONS.—Subject to tor of National Intelligence shall each sub-
Conservation Act (42 U.S.C. 6234) is amend- paragraph (2), the Secretary may establish mit to Congress a report that assesses
ed— such terms and conditions for an acquisition whether the organization has, during the 2-
(A) by striking subsection (f) and inserting pursuant to this subsection as the Secretary year period immediately preceding such rev-
the following: determines to be necessary.’’; and ocation, directly engaged in any form of ter-
‘‘(c) DRAWDOWN AND DISTRIBUTION.— (iii) by striking ‘‘(h)(1) If’’ and inserting rorism or assisted perpetrators of terrorist
‘‘(1) IN GENERAL.—The drawdown and dis- the following: activities in any way.
(b) FORM.—The reports required by sub-
tribution of petroleum products from the ‘‘(e) DECLINES IN DOMESTIC OIL PRODUC-
section (a) shall be submitted in unclassified
Strategic Petroleum Reserve is authorized TION.—
form but may include a classified annex.
only in accordance with section 161. ‘‘(1) DIRECTED ACQUISITIONS.—
‘‘(2) PROHIBITION.—A drawdown and dis- ‘‘(A) IN GENERAL.—If’’; and SA 5667. Mr. KENNEDY submitted an
tribution of petroleum products for purposes (D) by striking the section designation and amendment intended to be proposed to
other than the objectives described in sec- heading and all that follows through ‘‘(a)
tion 160(b) shall be prohibited.
amendment SA 5499 submitted by Mr.
The Secretary’’ and inserting the following:
‘‘(3) REQUEST OF FUNDS.— REED (for himself and Mr. INHOFE) and
‘‘SEC. 160. PETROLEUM PRODUCTS FOR STORAGE
‘‘(A) IN GENERAL.—In the annual budget IN THE RESERVE. intended to be proposed to the bill H.R.
submission of the Secretary, the Secretary ‘‘(a) AUTHORITY OF SECRETARY.—The Sec- 7900, to authorize appropriations for
shall request funds for acquisition, transpor- retary’’. fiscal year 2023 for military activities
tation, and injection of petroleum products (3) Section 167 of the Energy Policy and of the Department of Defense, for mili-
for storage in the Reserve. Conservation Act (42 U.S.C. 6247) is amend- tary construction, and for defense ac-
‘‘(B) NO REQUEST.—If no request for funds ed— tivities of the Department of Energy,
is submitted under subparagraph (A) for a (A) in subsection (b)— to prescribe military personnel
fiscal year, the Secretary shall provide a (i) in paragraph (3)—
written explanation of the reasons why no
strengths for such fiscal year, and for
(I) by striking ‘‘subsection (g) of such sec- other purposes; which was ordered to
request was submitted.’’; tion’’ and inserting ‘‘subsection (e) of that
(B) in subsection (b), by striking ‘‘(b) The section’’; and
lie on the table; as follows:
Secretary’’ and inserting the following: (II) by striking ‘‘section 160(f)’’ and insert- At the end of subtitle D of title XII, add
‘‘(b) AUTHORITY OF SECRETARY.—The Sec- ing ‘‘section 160(d)’’; the following:
retary’’; and (ii) by redesignating paragraphs (2) and (3) SEC. 1254. REPORT ON EFFORTS TO ENSURE
(C) by striking the section designation and LENDING BY INTERNATIONAL FI-
as subparagraphs (A) and (B), respectively,
heading and all that follows through ‘‘shall NANCIAL INSTITUTIONS IS ON FA-
and indenting the subparagraphs appro- VORABLE TERMS COMPARED TO
be created’’ in subsection (a) and inserting priately; LENDING BY THE PEOPLE’S REPUB-
the following: (iii) in the undesignated matter following LIC OF CHINA.
‘‘SEC. 154. STRATEGIC PETROLEUM RESERVE. subparagraph (B) (as so redesignated), by (a) IN GENERAL.—Not later than 180 days
ctelli on DSK11ZRN23PROD with SENATE
‘‘(a) ESTABLISHMENT.—A Strategic Petro- striking ‘‘Funds’’ and inserting the fol- after the date of the enactment of this Act,
leum Reserve for the storage of up to lowing: the Secretary of the Treasury shall submit
1,000,000,000 barrels of petroleum products ‘‘(2) AVAILABILITY.—Funds’’; and to the appropriate congressional committees
shall be established’’. (iv) by striking ‘‘(b) Amounts’’ and insert- a report on steps being taken by the United
(2) Section 160 of the Energy Policy and ing the following: States Government to work with the Inter-
Conservation Act (42 U.S.C. 6240) is amend- ‘‘(b) OBLIGATION OF AMOUNTS.— national Bank for Reconstruction and Devel-
ed— ‘‘(1) IN GENERAL.—Amounts’’; and opment and the International Development
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5067
Association (collectively referred to as the REED (for himself and Mr. INHOFE) and At the end of subtitle E of title V, add the
‘‘World Bank’’), the International Monetary intended to be proposed to the bill H.R. following:
Fund, and other international financial in- 7900, to authorize appropriations for SEC. 564. EXPANSION OF SKILLBRIDGE PRO-
stitutions to create lending conditions that GRAM.
fiscal year 2023 for military activities (a) FUNDING.—Notwithstanding the
are favorable, as compared to the lending
conditions offered by the Government of the of the Department of Defense, for mili- amounts set forth in the funding tables in di-
People’s Republic of China, for countries tary construction, and for defense ac- vision D, the amount authorized to be appro-
that are eligible for loans from the Inter- tivities of the Department of Energy, priated in section 4301, line 440 for the Office
national Development Association, the to prescribe military personnel of the Secretary of Defense, as specified in
International Bank for Reconstruction and strengths for such fiscal year, and for the corresponding funding table in section
Development, or both. other purposes; which was ordered to 4301, is hereby increased by $5,000,000.
(b) DEFINITIONS.—In this section: (b) USE OF FUNDS.—Of the amounts addi-
lie on the table; as follows: tional authorized to be appropriated under
(1) APPROPRIATE CONGRESSIONAL COMMIT-
TEES.—The term ‘‘appropriate congressional At the end of subtitle E of title VIII, add subsection (a), $5,000,0000 shall be available
committees’’ means— the following: for the Skillbridge program under section
(A) the Committee on Banking, Housing, SEC. 875. REPORT ON INVOLVEMENT OF CON- 1143(e) of title 10, United States Code, to pro-
and Urban Affairs, the Committee on Com- TRACTORS IN CERTAIN POLITICAL vide training to members of the Armed
MOVEMENTS. Forces to become law enforcement officers.
merce, Science, and Transportation, the
Committee on Finance, the Committee on Not later than 160 days after the date of (c) OFFSET.—Notwithstanding the amounts
Foreign Relations, and the Select Com- the enactment of this Act, the Secretary of set forth in the funding tables in division D,
mittee on Intelligence of the Senate; and Defense shall submit to Congress a report on the amount authorized to be appropriated in
(B) the Committee on Energy and Com- whether any contractor of the Department of section 301 for Operation and Maintenance,
merce, the Committee on Financial Services, Defense participates in or supports any orga- Defense-wide, for Washington Headquarters
the Committee on Foreign Affairs, the Com- nized effort or organization that, based on a Services, line 470, as specified in the cor-
mittee on Ways and Means, and the Perma- belief that Israel is oppressing Palestinians, responding funding table in section 4301, is
nent Select Committee on Intelligence of the promotes a boycott of, removal of invest- hereby reduced by $5,000,000.
House of Representatives. ments from, or economic sanctions against
(2) INTERNATIONAL FINANCIAL INSTITUTION.— Israel or any person or entity in Israel. SA 5672. Mr. KENNEDY submitted an
The term ‘‘international financial institu- amendment intended to be proposed to
tion’’ has the meaning given that term in SA 5670. Mr. KENNEDY submitted an amendment SA 5499 submitted by Mr.
section 1701(c) of the International Financial amendment intended to be proposed to REED (for himself and Mr. INHOFE) and
Institutions Act (22 U.S.C. 262r(c)). amendment SA 5499 submitted by Mr. intended to be proposed to the bill H.R.
REED (for himself and Mr. INHOFE) and 7900, to authorize appropriations for
SA 5668. Mr. KENNEDY submitted an intended to be proposed to the bill H.R. fiscal year 2023 for military activities
amendment intended to be proposed to 7900, to authorize appropriations for of the Department of Defense, for mili-
amendment SA 5499 submitted by Mr. fiscal year 2023 for military activities tary construction, and for defense ac-
REED (for himself and Mr. INHOFE) and of the Department of Defense, for mili- tivities of the Department of Energy,
intended to be proposed to the bill H.R. tary construction, and for defense ac- to prescribe military personnel
7900, to authorize appropriations for tivities of the Department of Energy, strengths for such fiscal year, and for
fiscal year 2023 for military activities to prescribe military personnel other purposes; which was ordered to
of the Department of Defense, for mili- strengths for such fiscal year, and for lie on the table; as follows:
tary construction, and for defense ac- other purposes; which was ordered to At the end of subtitle G of title X of divi-
tivities of the Department of Energy, lie on the table; as follows: sion A, add the following:
to prescribe military personnel At the end of subtitle E of title V, add the SEC. llll. RESTRICTIONS ON CONFUCIUS IN-
strengths for such fiscal year, and for following: STITUTES.
other purposes; which was ordered to SEC. 564. EXPANSION OF SKILLBRIDGE PRO- (a) DEFINITION.—In this section, the term
lie on the table; as follows: GRAM. ‘‘Confucius Institute’’ means a cultural in-
At the end of subtitle D of title XII, add (a) FUNDING.—Notwithstanding the stitute directly or indirectly funded by the
the following: amounts set forth in the funding tables in di- Government of the People’s Republic of
SEC. 1254. REPORT ON USE OF SPECIAL DRAWING vision D, the amount authorized to be appro- China.
RIGHTS BY COUNTRIES PARTICI- priated in section 4301, line 440 for the Office (b) RESTRICTIONS ON CONFUCIUS INSTI-
PATING IN THE BELT AND ROAD INI- of the Secretary of Defense, as specified in TUTES.—An institution of higher education
TIATIVE OF THE PEOPLE’S REPUB- the corresponding funding table in section or other postsecondary educational institu-
LIC OF CHINA. tion (referred to in this section as an ‘‘insti-
4301, is hereby increased by $5,000,000.
(a) IN GENERAL.—Not later than 180 days (b) USE OF FUNDS.—Of the amounts addi- tution’’) shall not be eligible to receive Fed-
after the date of the enactment of this Act, tional authorized to be appropriated under eral funds from the Department of Education
the Secretary of the Treasury shall submit subsection (a), $5,000,0000 shall be available (except funds under title IV of the Higher
to the appropriate congressional committees for the Skillbridge program for employers to Education Act of 1965 (20 U.S.C. 1070 et seq.)
a report on how Special Drawing Rights of train service members transitioning to civil- or other Department of Education funds that
the International Monetary Fund are being ian life for supply chain and transportation are provided directly to students) unless the
used by countries participating in the Belt related employment. institution ensures that any contract or
and Road Initiative of the People’s Republic (c) OFFSET.—Notwithstanding the amounts agreement between the institution and a
of China, including an assessment of whether set forth in the funding tables in division D, Confucius Institute includes clear provisions
those countries are using Special Drawing the amount authorized to be appropriated in that—
Rights to pay off debt to the People’s Repub- section 301 for Operation and Maintenance, (1) protect academic freedom at the insti-
lic of China. Defense-wide, for Washington Headquarters tution;
(b) APPROPRIATE CONGRESSIONAL COMMIT- (2) prohibit the application of any foreign
Services, line 470, as specified in the cor-
TEES DEFINED.—In this section, the term law on any campus of the institution; and
responding funding table in section 4301, is
‘‘appropriate congressional committees’’ (3) grant full managerial authority of the
hereby reduced by $5,000,000.
means— Confucius Institute to the institution, in-
(1) the Committee on Banking, Housing, cluding full control over what is being
and Urban Affairs, the Committee on Com-
SA 5671. Mr. KENNEDY submitted an
taught, the activities carried out, the re-
merce, Science, and Transportation, the amendment intended to be proposed to
search grants that are made, and who is em-
Committee on Finance, the Committee on amendment SA 5499 submitted by Mr. ployed at the Confucius Institute.
Foreign Relations, and the Select Com- REED (for himself and Mr. INHOFE) and
mittee on Intelligence of the Senate; and intended to be proposed to the bill H.R. SA 5673. Mr. COONS (for himself and
(2) the Committee on Energy and Com- 7900, to authorize appropriations for Mr. TILLIS) submitted an amendment
merce, the Committee on Financial Services, fiscal year 2023 for military activities intended to be proposed to amendment
the Committee on Foreign Affairs, the Com- of the Department of Defense, for mili- SA 5499 submitted by Mr. REED (for
ctelli on DSK11ZRN23PROD with SENATE
mittee on Ways and Means, and the Perma-
nent Select Committee on Intelligence of the
tary construction, and for defense ac- himself and Mr. INHOFE) and intended
House of Representatives. tivities of the Department of Energy, to be proposed to the bill H.R. 7900, to
to prescribe military personnel authorize appropriations for fiscal year
SA 5669. Mr. KENNEDY submitted an strengths for such fiscal year, and for 2023 for military activities of the De-
amendment intended to be proposed to other purposes; which was ordered to partment of Defense, for military con-
amendment SA 5499 submitted by Mr. lie on the table; as follows: struction, and for defense activities of
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S5068 CONGRESSIONAL RECORD — SENATE September 27, 2022
the Department of Energy, to prescribe manner and with requirements consistent SEC. 575. VERIFICATION OF REPORTING OF ELI-
with paragraphs (3) through (6) and para- GIBLE FEDERALLY CONNECTED
military personnel strengths for such CHILDREN FOR PURPOSES OF FED-
fiscal year, and for other purposes; graph (8) of subsection (e).
ERAL IMPACT AID PROGRAMS.
‘‘(3) PRIORITY.—The Secretary shall estab-
which was ordered to lie on the table; (a) CERTIFICATION.—On an annual basis,
lish preferences in selection criteria for pro-
as follows: posals for financial assistance under this each commander of a military installation
At the appropriate place in title X, insert subsection from Manufacturing USA insti- under the jurisdiction of the Secretary of a
the following: tutes that integrate as active members one military department shall submit to such
SEC. lll. FINANCIAL ASSISTANCE FOR CON- or more covered entities as described in sec- Secretary a written certification verifying
STRUCTION OF TEST BEDS AND SPE- tion 10262 of the Research and Development, whether the commander has confirmed the
CIALIZED FACILITIES.
Competition, and Innovation Act (Public information contained in all impact aid
Section 34 of the National Institute of Law 117–167).’’. source check forms received from local edu-
Standards and Technology Act (15 U.S.C. cational agencies as of the date of such cer-
278s) is amended— tification.
SA 5675. Mr. COONS (for himself and (b) REPORT.—Not later June 30 of each
(1) by redesignating subsections (f) through
(l) as subsections (g) through (m), respec- Mr. TILLIS) submitted an amendment year, each Secretary of a military depart-
tively; and intended to be proposed to amendment ment shall submit to the congressional de-
(2) by inserting after subsection (e) the fol- SA 5499 submitted by Mr. REED (for fense committees a report, based on the in-
lowing: himself and Mr. INHOFE) and intended formation received under subsection (a), that
‘‘(f) AUTHORITY TO AWARD FINANCIAL AS- to be proposed to the bill H.R. 7900, to identifies—
SISTANCE FOR CONSTRUCTION OF TEST BEDS authorize appropriations for fiscal year (1) each military installation under the ju-
AND SPECIALIZED FACILITIES.— risdiction of such Secretary that has con-
2023 for military activities of the De-
‘‘(1) IN GENERAL.—The Secretary may, act- firmed the information contained in all im-
ing through the Director, award financial as-
partment of Defense, for military con- pact aid source check forms received from
sistance for the construction of test beds and struction, and for defense activities of local educational agencies as of the date of
specialized facilities by Manufacturing USA the Department of Energy, to prescribe the report; and
institutes established or supported under military personnel strengths for such (2) each military installation that has not
subsection (e) as the Secretary considers ap- fiscal year, and for other purposes; confirmed the information contained in such
propriate to carry out the purposes of the which was ordered to lie on the table; forms as of such date.
Program. as follows:
‘‘(2) REQUIREMENTS.—The Secretary shall SA 5677. Mr. LANKFORD submitted
exercise authority under paragraph (1) in a At the appropriate place in title X, insert
the following: an amendment intended to be proposed
manner and with requirements consistent to amendment SA 5499 submitted by
with paragraphs (3) through (6) and para- SEC. lll. FINANCIAL ASSISTANCE FOR CON-
STRUCTION OF TEST BEDS AND SPE- Mr. REED (for himself and Mr. INHOFE)
graph (8) of subsection (e).
‘‘(3) PRIORITY.—The Secretary shall estab-
CIALIZED FACILITIES. and intended to be proposed to the bill
lish preferences in selection criteria for pro- Section 34 of the National Institute of H.R. 7900, to authorize appropriations
posals for financial assistance under this Standards and Technology Act (15 U.S.C. for fiscal year 2023 for military activi-
subsection from Manufacturing USA insti- 278s) is amended— ties of the Department of Defense, for
tutes that integrate as active members one (1) by redesignating subsections (f) through military construction, and for defense
or more covered entities as described in sec- (l) as subsections (g) through (m), respec-
tively; and
activities of the Department of Energy,
tion 10262 of the Research and Development, to prescribe military personnel
Competition, and Innovation Act (Public (2) by inserting after subsection (e) the fol-
lowing: strengths for such fiscal year, and for
Law 117–167).’’.
‘‘(f) AUTHORITY TO AWARD FINANCIAL AS- other purposes; which was ordered to
SA 5674. Mr. COONS (for himself and SISTANCE FOR CONSTRUCTION OF TEST BEDS lie on the table; as follows:
AND SPECIALIZED FACILITIES.— At the appropriate place in title X, insert
Mr. TILLIS) submitted an amendment
‘‘(1) IN GENERAL.—The Secretary may, act- the following:
intended to be proposed to amendment
ing through the Director, award financial as- SEC. lll. IMPROVING PILOT PROGRAM ON AC-
SA 5499 submitted by Mr. REED (for sistance for the construction of test beds and CEPTANCE BY THE DEPARTMENT OF
himself and Mr. INHOFE) and intended specialized facilities by Manufacturing USA VETERANS AFFAIRS OF DONATED
to be proposed to the bill H.R. 7900, to institutes established or supported under FACILITIES AND RELATED IMPROVE-
authorize appropriations for fiscal year subsection (e) as the Secretary considers ap- MENTS.
2023 for military activities of the De- propriate to carry out the purposes of the (a) IN GENERAL.—Section 2 of the Commu-
partment of Defense, for military con- Program. nities Helping Invest through Property and
struction, and for defense activities of ‘‘(2) REQUIREMENTS.—The Secretary shall Improvements Needed for Veterans Act of
exercise authority under paragraph (1) in a 2016 (Public Law 114–294; 38 U.S.C. 8103 note)
the Department of Energy, to prescribe
manner and with requirements consistent is amended—
military personnel strengths for such with paragraphs (3) through (6) and para- (1) in subsection (b)(1)(A), by inserting ‘‘or
fiscal year, and for other purposes; graph (8) of subsection (e). for which funds are available from the Con-
which was ordered to lie on the table; ‘‘(3) PRIORITY.—The Secretary shall estab- struction, Minor Projects, or Construction,
as follows: lish preferences in selection criteria for pro- Major Projects appropriations accounts’’;
At the appropriate place in title X, insert posals for financial assistance under this (2) in subsection (e)(1)—
the following: subsection from Manufacturing USA insti- (A) in subparagraph (A)—
SEC. lll. FINANCIAL ASSISTANCE FOR CON- tutes that integrate as active members one (i) by striking ‘‘The Secretary’’ and insert-
STRUCTION OF TEST BEDS AND SPE- or more covered entities as described in sec- ing ‘‘Except as otherwise provided in this
CIALIZED FACILITIES. tion 10262 of the Research and Development, paragraph, the Secretary’’; and
Section 34 of the National Institute of Competition, and Innovation Act (Public (ii) by inserting ‘‘or funds already gen-
Standards and Technology Act (15 U.S.C. Law 117–167).’’. erally available in the Construction, Minor
278s) is amended— Projects, or Construction, Major Projects ap-
(1) by redesignating subsections (f) through SA 5676. Mr. KENNEDY submitted an propriations accounts’’ after ‘‘that are in ad-
(l) as subsections (g) through (m), respec- amendment intended to be proposed to dition to the funds appropriated for the facil-
tively; and amendment SA 5499 submitted by Mr. ity’’;
(2) by inserting after subsection (e) the fol- (B) in subparagraph (B), by striking ‘‘sub-
REED (for himself and Mr. INHOFE) and
lowing: paragraph (A)’’ and inserting ‘‘this para-
‘‘(f) AUTHORITY TO AWARD FINANCIAL AS- intended to be proposed to the bill H.R. graph’’;
SISTANCE FOR CONSTRUCTION OF TEST BEDS 7900, to authorize appropriations for (C) by redesignating subparagraph (B) as
AND SPECIALIZED FACILITIES.— fiscal year 2023 for military activities subparagraph (F); and
‘‘(1) IN GENERAL.—The Secretary may, act- of the Department of Defense, for mili- (D) by inserting after subparagraph (A) the
ing through the Director, award financial as- tary construction, and for defense ac- following new subparagraphs:
sistance for the construction of test beds and tivities of the Department of Energy, ‘‘(B) UNOBLIGATED AMOUNTS.—The Sec-
ctelli on DSK11ZRN23PROD with SENATE
specialized facilities by Manufacturing USA to prescribe military personnel retary may provide additional funds to help
institutes established or supported under an entity described in subsection (a)(2) fi-
strengths for such fiscal year, and for
subsection (e) as the Secretary considers ap- nance, design, or construct a facility in con-
propriate to carry out the purposes of the other purposes; which was ordered to nection with real property and improve-
Program. lie on the table; as follows: ments to be donated under the pilot program
‘‘(2) REQUIREMENTS.—The Secretary shall At the end of subtitle F of title V, add the and proposed to be accepted by the Secretary
exercise authority under paragraph (1) in a following: under subsection (b)(1)(B) if—
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5069
‘‘(i) the Secretary determines that doing so on the date of the enactment of this Act may (1) in section 211 (34 U.S.C. 20301)—
is in the best interest of the Department and be amended to incorporate terms authorized (A) in paragraph (1)—
consistent with the mission of the Depart- by subparagraphs (B) and (C) of section (i) by striking ‘‘3,300,000’’ and inserting
ment; and 2(e)(1) of such Act, as added by subsection ‘‘3,400,000’’; and
‘‘(ii) funding provided under this subpara- (a)(2)(D) of this section. (ii) by striking ‘‘, and drug abuse is associ-
graph— ated with a significant portion of these’’;
‘‘(I) is in addition to amounts that have SA 5678. Mr. HOEVEN submitted an (B) by redesignating paragraphs (3)
been appropriated for the facility before the amendment intended to be proposed to through (8) as paragraphs (4) through (9), re-
date on which the Secretary and the entity amendment SA 5499 submitted by Mr. spectively;
enter into a formal agreement under sub- (C) by inserting afer paragraph (2) the fol-
REED (for himself and Mr. INHOFE) and
section (c) for the construction and donation lowing:
of the real property and improvements; and intended to be proposed to the bill H.R.
‘‘(3) a key to a child victim healing from
‘‘(II) is derived only from amounts that— 7900, to authorize appropriations for
abuse is access to supportive and healthy
‘‘(aa) are unobligated balances available in fiscal year 2023 for military activities families and communities;’’; and
the Construction, Minor Projects, or Con- of the Department of Defense, for mili- (D) in paragraph (9)(B), as so redesignated,
struction, Major Projects appropriations ac- tary construction, and for defense ac- by inserting ‘‘, and operations of centers’’ be-
counts of the Department that— tivities of the Department of Energy, fore the period at the end;
‘‘(AA) are not associated with a specific to prescribe military personnel (2) in section 212 (34 U.S.C. 20302)—
project; or
strengths for such fiscal year, and for (A) in paragraph (5), by inserting ‘‘coordi-
‘‘(BB) are amounts that are associated
other purposes; which was ordered to nated team’’ before ‘‘response’’; and
with a specific project, but are unobligated
lie on the table; as follows: (B) in paragraph (8), by inserting ‘‘organi-
because they are the result of bid savings;
zational capacity’’ before ‘‘support’’;
and At the end of subtitle F of title V, add the (3) in section 213 (34 U.S.C. 20303)—
‘‘(bb) were appropriated to such an account following: (A) in subsection (a)—
before the date described in subclause (I). SEC. 575. SENSE OF CONGRESS ON TUITION AS- (i) in the heading, by inserting ‘‘AND MAIN-
‘‘(C) ESCALATION CLAUSES.— SISTANCE FOR MEMBERS OF THE
TENANCE’’ after ‘‘ESTABLISHMENT’’;
‘‘(i) IN GENERAL.—The Secretary may in- AIR NATIONAL GUARD AND RE-
clude an escalation clause in a formal agree- SERVE. (ii) in the matter preceding paragraph (1)—
ment under subsection (c) that authorizes an It is the sense of Congress that members of (I) by striking ‘‘, in coordination with the
escalation of not more than an annual the Air National Guard and Reserve should Director of the Office of Victims of Crime,’’;
amount based on a rate established in the have similar access to Federal tuition assist- and
formal agreement and mutually agreed upon ance as their Army National Guard and Re- (II) by inserting ‘‘and maintain’’ after ‘‘es-
by the Secretary and an entity to account serve counterparts. tablish’’;
for inflation for an area if the Secretary de- (iii) in paragraph (3)—
termines, after consultation with the head of SA 5679. Mr. HOEVEN submitted an (I) by striking ‘‘and victim advocates’’ and
an appropriate Federal entity that is not inserting ‘‘victim advocates, multidisci-
amendment intended to be proposed to
part of the Department, that such escalation plinary team leadership, and children’s advo-
amendment SA 5499 submitted by Mr. cacy center staff’’; and
is necessary and in the best interest of the REED (for himself and Mr. INHOFE) and
Department. (II) by striking ‘‘and’’ at the end;
‘‘(ii) USE OF EXISTING AMOUNTS.—The Sec- intended to be proposed to the bill H.R. (iv) by redesignating paragraph (4) as para-
retary may obligate funds pursuant to clause 7900, to authorize appropriations for graph (5);
(i) in connection with a formal agreement fiscal year 2023 for military activities (v) by inserting after paragraph (3) the fol-
under subsection (c) using amounts that— of the Department of Defense, for mili- lowing:
‘‘(I) are unobligated balances available in tary construction, and for defense ac- ‘‘(4) provide technical assistance, training,
the Construction, Minor Projects, or Con- coordination, and organizational capacity
tivities of the Department of Energy,
struction, Major Projects appropriations ac- support for State chapters; and’’; and
to prescribe military personnel (vi) in paragraph (5), as so redesignated, by
counts of the Department that—
‘‘(aa) are not associated with a specific
strengths for such fiscal year, and for striking ‘‘and oversight to’’ and inserting
project; or other purposes; which was ordered to ‘‘organizational capacity support, and over-
‘‘(bb) are amounts that are associated with lie on the table; as follows: sight of’’;
a specific project, but are unobligated be- At the end of subtitle A of title VII, add (B) in subsection (b)—
cause they are the result of bid savings; and the following: (i) in paragraph (1)—
‘‘(II) were appropriated to such an account SEC. 706. SENSE OF CONGRESS ON ACCESS TO (I) in subparagraph (A), by inserting ‘‘and
before the date on which the Secretary and MENTAL HEALTH SERVICES maintain’’ after ‘‘establish’’; and
the entity entered into the formal agree- THROUGH TRICARE. (II) in the matter following subparagraph
ment. It is the sense of Congress that the Defense (B), by striking ‘‘and technical assistance to
‘‘(D) AVAILABILITY.—Unobligated amounts Health Agency should take all necessary aid communities in establishing’’ and insert-
shall be available pursuant to subparagraphs steps to ensure members of the Armed ing ‘‘training and technical assistance to aid
(B) and (C) only to the extent and in such Forces, including members of the reserve communities in establishing and maintain-
amounts as provided in advance in appro- components of the Armed Forces, and their ing’’; and
priations Acts subsequent to date of the en- families have timely access to mental and (ii) in paragraph (2)—
actment of the CHIP-IN Improvement Act of behavioral health care services through the (I) in subparagraph (A)—
2022, subject to subparagraph (E). TRICARE program. (aa) in clause (ii), by inserting ‘‘Center’’
‘‘(E) LIMITATION.—Unobligated amounts after ‘‘Advocacy’’; and
made available pursuant to subparagraphs SA 5680. Mr. COONS (for himself and (bb) in clause (iii), by striking ‘‘of, assess-
(B) and (C) may not exceed 40 percent of the Mr. BLUNT) submitted an amendment ment of, and intervention in’’ and inserting
amount appropriated for the facility before intended to be proposed to amendment ‘‘and intervention in child’’; and
the date on which the Secretary and the en- (II) in subparagraph (B), by striking ‘‘cen-
SA 5499 submitted by Mr. REED (for
tity entered into a formal agreement under ters and interested communities’’ and insert-
himself and Mr. INHOFE) and intended ing ‘‘centers, interested communities, and
subsection (c).’’; and
(3) in subsection (j)—
to be proposed to the bill H.R. 7900, to chapters’’; and
(A) by striking ‘‘RULE’’ and inserting authorize appropriations for fiscal year (C) in subsection (c)—
‘‘RULES’’; 2023 for military activities of the De- (i) in paragraph (2)—
(B) by striking ‘‘Nothing in’’ and inserting partment of Defense, for military con- (I) in subparagraph (B), by striking ‘‘eval-
the following: struction, and for defense activities of uation, intervention, evidence gathering, and
‘‘(1) ENTERING ARRANGEMENTS AND AGREE- the Department of Energy, to prescribe counseling’’ and inserting ‘‘investigation and
MENTS.—Nothing in’’; and intervention in child abuse’’; and
military personnel strengths for such
(C) by adding at the end the following new (II) in subparagraph (E), by striking ‘‘judi-
fiscal year, and for other purposes; cial handling of child abuse and neglect’’ and
paragraph:
‘‘(2) TREATMENT OF ASSISTANCE.—Nothing
which was ordered to lie on the table; inserting ‘‘multidisciplinary response to
provided under this section shall be treated as follows: child abuse’’;
ctelli on DSK11ZRN23PROD with SENATE
as Federal financial assistance as defined in At the appropriate place, insert the fol- (ii) in paragraph (3)(A)(i), by striking ‘‘so
section 200.40 of title 2, Code of Federal Reg- lowing: that communities can establish multidisci-
ulations, as in effect on February 21, 2021.’’. SEC. lllll. IMPROVING INVESTIGATION AND plinary programs that respond to child
(b) AMENDMENTS TO EXISTING AGREE- PROSECUTION OF CHILD ABUSE abuse’’ and inserting ‘‘and chapters so that
MENTS.—Each agreement entered into under CASES. communities can establish and maintain
section (2)(c) of such Act before the date of The Victims of Child Abuse Act of 1990 (34 multidisciplinary programs that respond to
the enactment of this Act that was in effect U.S.C. 20301 et seq.) is amended— child abuse and chapters can establish and
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S5070 CONGRESSIONAL RECORD — SENATE September 27, 2022
maintain children’s advocacy centers in ‘‘(f) GRANTS TO STATE CHAPTERS FOR AS- lematic during the COVID–19 pandemic,
their State’’; SISTANCE TO LOCAL CHILDREN’S ADVOCACY when the unemployment rate is the highest
(iii) in paragraph (4)(B)— CENTERS.—In awarding grants under this sec- it has been since the Great Depression.
(I) in clause (iii), by striking ‘‘and’’ at the tion, the Administrator shall ensure that a (8) Drunk and dangerous driving are some
end; portion of the grants is distributed to State of the leading causes of death and serious
(II) in by redesignating clause (iv) as chapters to enable State chapters to provide bodily injury in the United States, and pro-
clause (v); and oversight, training, and technical assistance moting safety on the roads is a legitimate,
(III) by inserting after clause (iii) the fol- to local centers on evidence-informed initia- necessary, and core governmental function.
lowing: tives including mental health, counseling, Suspending a license for unsafe driving con-
‘‘(iv) best result in supporting chapters in forensic interviewing, multidisciplinary duct presents different considerations than
each State; and’’; and team coordination, and victim advocacy.’’; suspending a license for unpaid fines and
(iv) in paragraph (6), by inserting ‘‘under (5) in section 214A (34 U.S.C. 20305)— fees. Suspending a license for unsafe driving
this Act’’ after ‘‘recipients’’; (A) in subsection (a)— is an appropriate tool to protect public safe-
(4) in section 214 (34 U.S.C. 20304)— (i) in paragraph (1), by striking ‘‘attorneys ty. Policymakers also may consider alter-
(A) by striking subsection (a) and inserting and other allied’’ and inserting ‘‘prosecutors natives to suspension of a license for unsafe
the following: and other attorneys and allied’’; and driving such as ignition interlock device pro-
‘‘(a) IN GENERAL.—The Administrator shall (ii) in paragraph (2)(B), by inserting ‘‘Cen- grams.
make grants to— ter’’ after ‘‘Advocacy’’; and (9) According to the National Highway
‘‘(1) establish and maintain a network of (B) in subsection (b)(1), by striking sub- Traffic Safety Administration, every year on
care for child abuse victims where investiga- paragraph (A) and inserting the following: average, over 34,000 people are killed and
tion, prosecutions, and interventions are ‘‘(A) a significant connection to prosecu- 2,400,000 more people are injured in motor ve-
continually occurring and coordinating ac- tors who handle child abuse cases in State hicle crashes. Some of the major causes of
tivities within local children’s advocacy cen- courts, such as a membership organization these crashes include speeding, impaired
ters and multidisciplinary teams; or support service providers; and’’; and driving, and distracted driving. Nearly half
‘‘(2) develop, enhance, and coordinate mul- (6) by striking 214B (34 U.S.C. 20306) and in- of passenger vehicle occupants killed in
tidisciplinary child abuse investigations, serting the following: crashes are unrestrained. The societal harm
intervention, and prosecution activities; caused by motor vehicle crashes has been
‘‘SEC. 214B. AUTHORIZATION OF APPROPRIA-
‘‘(3) promote the effective delivery of the TIONS. valued at $836,000,000,000 annually. The en-
evidence-based, trauma-informed Children’s ‘‘There are authorized to be appropriated actment of, enforcement of, and education
Advocacy Center Model and the multidisci- to carry out sections 213, 214, and 214A, regarding traffic laws are key to addressing
plinary response to child abuse; and unsafe behavior and promoting public safety.
$40,000,000 for each of fiscal years 2023
‘‘(4) develop and disseminate practice (10) However, most driver’s license suspen-
through 2029.’’.
standards for care and best practices in pro- --- sions are not based on the need to protect
grammatic evaluation, and support State SA 5681. Mr. COONS submitted an public safety.
chapter organizational capacity and local (11) In the State of Florida, 1,100,000 resi-
children’s advocacy center organizational
amendment intended to be proposed to
dents received a suspension notice for unpaid
capacity and operations in order to meet amendment SA 5499 submitted by Mr. fines and fees in 2017 alone.
such practice standards and best practices.’’; REED (for himself and Mr. INHOFE) and (12) Between 2010 and 2017, all but 3 States
(B) in subsection (b), by striking ‘‘, in co- intended to be proposed to the bill H.R. increased the amount of fines and fees for
ordination with the Director of the Office of 7900, to authorize appropriations for civil and criminal violations.
Victims of Crime,’’; fiscal year 2023 for military activities (13) In the United States, 40 percent of all
(C) in subsection (c)(2)— of the Department of Defense, for mili- driver’s license suspensions are issued for
(i) in subparagraph (C), by inserting ‘‘to conduct that was unrelated to driving.
the greatest extent practicable, but in no
tary construction, and for defense ac-
(14) In 2015, the State of Washington cal-
case later than 72 hours,’’ after ‘‘hours’’; and tivities of the Department of Energy, culated that State troopers spent 70,848
(ii) by striking subparagraphs (D) through to prescribe military personnel hours dealing with license suspensions for
(I) and inserting the following: strengths for such fiscal year, and for non-driving offenses.
‘‘(D) Forensic interviews of child victims other purposes; which was ordered to (15) The American Association of Motor
by trained personnel that are used by law en- lie on the table; as follows: Vehicle Administrators estimated that ar-
forcement, health, and child protective serv- At the appropriate place, insert the fol- resting a person for driving with a suspended
ice agencies to interview suspected abuse lowing: license can take 9 hours of an officer’s time,
victims about allegations of abuse. including waiting for a tow truck, trans-
‘‘(E) Provision of needed follow up services TITLE lllll—DRIVING FOR
porting an individual to jail, filling out pa-
such as medical care, mental healthcare, and OPPORTUNITY
perwork, making a court appearance, and
victims advocacy services. SEC. lll01. SHORT TITLE. other administrative duties and accordingly
‘‘(F) A requirement that, to the extent This title may be cited as the ‘‘Driving for Washington State Patrol Chief John Batiste
practicable, all interviews and meetings with Opportunity Act of 2021’’. called non-driving suspensions a ‘‘drain on
a child victim occur at the children’s advo- SEC. lll02. FINDINGS. the system as a whole’’.
cacy center or an agency with which there is Congress finds the following: (16) The Colorado Department of Motor Ve-
a linkage agreement regarding the delivery (1) Driving a vehicle is an essential aspect hicles determined that suspending driver’s
of multidisciplinary child abuse investiga- of the daily lives of most people in the licenses for offenses unrelated to driving
tion, prosecution, and intervention services. United States. consumed 8,566 hours per year of staff time
‘‘(G) Coordination of each step of the inves- (2) Driving is often required to access jobs in the Department.
tigation process to eliminate duplicative fo- and healthcare, take care of family, get gro- (17) Many States impose a significant fee
rensic interviews with a child victim. ceries, and fulfill other basic responsibilities. for reinstating a suspended driver’s license,
‘‘(H) Designation of a director for the chil- (3) In many small cities, towns, and rural such as Alabama, where the fee is $275.
dren’s advocacy center. areas that do not have public transportation (18) Driving on a suspended license is one
‘‘(I) Designation of a multidisciplinary and ridesharing alternatives, driving is often of the most common criminal charges in ju-
team coordinator. the only realistic means of transportation. risdictions across the country.
‘‘(J) Assignment of a volunteer or staff ad- (4) Even in cities with public transpor- (19) Seventy-five percent of those with sus-
vocate to each child in order to assist the tation and ridesharing options, individuals pended licenses report continuing to drive.
child and, when appropriate, the child’s fam- vulnerable to infection during the COVID–19 (20) It is more likely that those people are
ily, throughout each step of intervention and pandemic and those complying with public also driving without insurance due to the
judicial proceedings. health guidance regarding social distancing costs and restrictions associated with ob-
‘‘(K) Coordination with State chapters to are increasingly reliant on driving as their taining auto insurance on a suspended li-
assist and provide oversight, and organiza- primary means of transportation for essen- cense, thereby placing a greater financial
tional capacity that supports local children’s tial travel. burden on other drivers when a driver with a
advocacy centers, multidisciplinary teams, (5) In the United States, millions of Ameri- suspended license causes an accident.
and communities working to implement a cans have had their driver’s licenses sus- (21) The American Association of Motor
multidisciplinary response to child abuse in pended for unpaid court fines and fees. Vehicle Administrators has concluded the
the provision of evidence-informed initia- (6) A person whose driver’s license is sus- following: ‘‘Drivers who have been suspended
ctelli on DSK11ZRN23PROD with SENATE
tives, including mental health counseling, pended or revoked for unpaid fines and fees for social non-conformance-related offenses
forensic interviewing, multidisciplinary will often find it more difficult to earn a liv- are often trapped within the system. Some
team coordination, and victim advocacy. ing and therefore pay the debt owed to the cannot afford to pay the original fines, and
‘‘(L) Such other criteria as the Adminis- government. may lose their ability to legally get to and
trator shall establish by regulation.’’; and (7) The barrier to employment posed by from work as a result of the suspension.
(D) by striking subsection (f) and inserting driver’s license suspensions and revocations Many make the decision to drive while sus-
the following: for unpaid fines and fees is especially prob- pended. The suspension results in increased
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5071
financial obligations through new require- or motor vehicle registrations eligible to (b) REPORT.—Not later than 2 years after
ments such as reinstatement fees, court have driving privileges reinstated or re- the date of enactment of this Act, the Comp-
costs, and other penalties. While there is a gained; troller General of the United States shall
clear societal interest in keeping those who ‘‘(ii) to provide assistance to individuals submit to the Committee on the Judiciary
are unfit to drive off the roads, broadly re- living in areas where public transportation and the Committee on Environment and
stricting licenses for violations unrelated to options are limited; and Public Works of the Senate and the Com-
an individual’s ability to drive safely may do ‘‘(iii) to ease the burden on States where mittee on the Judiciary and the Committee
more harm than good. This is especially true the State or local law described in subpara- on Transportation and Infrastructure a re-
in areas of the country that lack alternative graph (B)(ii) was in effect during the 3-year port on the study required under subsection
means of transportation. For those individ- period ending on the date on which a State (a).
uals, a valid driver license can be a means to applies for a grant under this paragraph in SEC. lll05. REPEAL.
survive. Local communities, employers, and accordance with section 502. (a) IN GENERAL.—Section 159 of title 23,
employees all experience negative con- ‘‘(D) AMOUNT.—Each grant awarded under United States Code, is repealed.
sequences as a result of social non-con- this paragraph shall be not greater than 5 (b) CLERICAL AMENDMENT.—The analysis
formity suspensions, including unemploy- percent of the amount allocated to the State for chapter 1 of title 23, United States Code,
ment, lower wages, fewer employment oppor- in accordance with the formula established is amended by striking the item relating to
tunities and hiring choices, and increased in- under section 505. section 159.
surance costs.’’. ‘‘(E) REPORT.—Not later than 1 year after ---
(22) A report by the Harvard Law School the date on which a grant is made to a State SA 5682. Mr. COONS submitted an
Criminal Justice Policy Program concluded under this paragraph, the State shall submit amendment intended to be proposed to
the following: ‘‘The suspension of a driver’s to the Attorney General a report that de- amendment SA 5499 submitted by Mr.
or professional license is one of the most per- scribes the actions of the State to carry out
vasive poverty traps for poor people assessed REED (for himself and Mr. INHOFE) and
activities described in subparagraph (A), in- intended to be proposed to the bill H.R.
a fine that they cannot afford to pay. The cluding with respect to—
practice is widespread. Nearly 40 percent of ‘‘(i) the population served by the program;
7900, to authorize appropriations for
license suspensions nationwide stem from ‘‘(ii) the number of driver’s licenses and fiscal year 2023 for military activities
unpaid fines, missed child support payments, motor vehicle registrations reinstated or re- of the Department of Defense, for mili-
and drug offenses—not from unsafe or intoxi- newed under the program; and tary construction, and for defense ac-
cated driving or failing to obtain automotive ‘‘(iii) all costs to the State of the program, tivities of the Department of Energy,
insurance. Suspension of a driver’s or profes- including how the grants under this para-
sional licenses is hugely counterproductive;
to prescribe military personnel
graph were spent to defray such costs.’’; and strengths for such fiscal year, and for
it punishes non-payment by taking away a (2) in section 508—
person’s means for making a living. License other purposes; which was ordered to
(A) by striking ‘‘There’’ and inserting ‘‘(a)
suspension programs are also expensive for I GENERAL.—There’’; and
N
lie on the table; as follows:
States to run and they distract law enforce- (B) by adding at the end the following: At the end of title XII, add the following:
ment efforts from priorities related to public ‘‘(b) DRIVER’S LICENSE REINSTATEMENT Subtitle G—Democracy in the 21st Century
safety. License suspensions may also be un- P ROGRAMS .—There is authorized to be appro- SECTION 1281. SHORT TITLE.
constitutional if the license was suspended
priated to carry out section 501(a)(3) This subtitle may be cited as the ‘‘Mad-
before the judge determined the defendant
$10,000,000 for each of fiscal years 2022 eleine K. Albright Democracy in the 21st
had the ability to pay the criminal justice
through 2026.’’. Century Act’’.
debt.’’.
SEC. lll04. GAO STUDY. SEC. 1282. DEFINITIONS.
SEC. lll03. GRANTS FOR DRIVER’S LICENSES
REINSTATEMENT PROGRAMS. (a) STUDY.—The Comptroller General of In this subtitle:
Subpart 1 of part E of title I of the Omni- the United States shall conduct a study of (1) APPROPRIATE CONGRESSIONAL COMMIT-
bus Crime Control and Safe Streets Act of the implementation of the grant program in TEES.—The term ‘‘appropriate congressional
1968 (34 U.S.C. 10151 et seq.) is amended— paragraph (3) of section 501(a) of the Omni- committees’’ means—
(1) in section 501(a) (34 U.S.C. 10152(a)), by bus Crime Control and Safe Streets Act of (A) the Committee on Appropriations of
adding at the end the following: 1968 (34 U.S.C. 10152(a)), as added by section the Senate;
‘‘(3) GRANTS FOR DRIVER’S LICENSE REIN- lll03(a) of this title, that— (B) the Committee on Foreign Relations of
STATEMENT PROGRAMS.— (1) includes what is known about the effect the Senate;
‘‘(A) IN GENERAL.—In addition to grants of repealing State laws, in selected States, (C) the Committee on Appropriations of
made under paragraph (1), the Attorney Gen- that had permitted the suspension or revoca- the House of Representatives; and
eral may make grants to States described in tion of, or refusal to renew, driver’s licenses (D) the Committee on Foreign Affairs of
subparagraph (B) to cover costs incurred by or the registration of a motor vehicle based the House of Representatives.
the State to reinstate or renew driver’s li- on the failure to pay civil or criminal fines (2) CIVIL AND POLITICAL RIGHTS.—The term
censes or motor vehicle registrations pre- or fees, including such factors, to the extent ‘‘civil and political rights’’ means the equal
viously suspended, revoked, or failed to be information is available, as— and inalienable rights of all members of the
renewed for unpaid civil or criminal fines or (A) the collection of fines and fees; human family as provided for in the Inter-
fees. (B) the usage of law enforcement resources; national Covenant on Civil and Political
‘‘(B) STATES DESCRIBED.—A State described (C) economic mobility and unemployment; Rights, done in New York December 16, 1966.
in this subparagraph is a State that— (D) rates of enforcement of traffic safety (3) DEMOCRACY PROGRAMS.—For purposes of
‘‘(i) does not have in effect any State or laws through the tracking of number of sum- funds authorized to be appropriated by this
local law that permits— monses and violations issued (including subtitle, the Foreign Assistance Act of 1961
‘‘(I) the suspension or revocation of, or re- those related to automated enforcement (22 U.S.C. 2151 et seq.), or appropriated under
fusal to renew, a driver’s license of an indi- technologies); any Act making appropriations for the De-
vidual based on the individual’s failure to (E) the use of suspensions for public safety- partment of State, foreign operations, and
pay a civil or criminal fine or fee; or related reasons (including reckless driving, related programs, the term ‘‘democracy pro-
‘‘(II) the refusal to renew the registration speeding, and driving under the influence); grams’’ means programs that, consistent
of a motor vehicle based on the owner’s fail- (F) safety-critical traffic events (including with section 133(b) of the Foreign Assistance
ure to pay a civil or criminal fine or fee; and in localities with automated enforcement Act of 1961 (22 U.S.C. 2152c(b)) and the Inter-
‘‘(ii) during the 3-year period ending on the programs); national Covenant on Civil and Political
date on which the State applies for or re- (G) the rates of license suspensions and Rights, done at New York December 16, 1966,
ceives a grant under this paragraph, has re- proportion of unlicensed drivers; support—
pealed a State or local law that permitted (H) racial and geographic disparities; and (A) good governance;
the suspension or revocation of, or refusal to (I) administrative costs (including costs (B) credible and competitive elections;
renew, driver’s licenses or the registration of associated with the collection of fines and (C) freedom of expression, association, as-
a motor vehicle based on the failure to pay fees and with the reinstatement of driver’s sembly, and religion;
civil or criminal fines or fees. licenses); and (D) human rights, labor rights, inde-
‘‘(C) CRITERIA.—The Attorney General (2) includes what is known about— pendent media, and the rule of law; and
shall award grants under this paragraph to (A) existing alternatives to driver’s license (E) otherwise strengthen the capacity of
States described in subparagraph (B) that suspension as methods of enforcement and democratic political parties, governments,
ctelli on DSK11ZRN23PROD with SENATE
submit a plan to reinstate or renew driver’s collection of unpaid fines and fees; and nongovernmental organizations and institu-
licenses or motor vehicle registrations pre- (B) existing alternatives to traditional tions, and citizens to support the develop-
viously suspended, revoked, or failed to be driver’s license suspension for certain kinds ment of democratic states and institutions
renewed for unpaid civil or criminal fines or of unsafe driving, including models that that are responsive and accountable to citi-
fees— allow drivers to continue to drive legally zens.
‘‘(i) to maximize the number of individuals while pursuing driver improvement opportu- (4) NED.—The term ‘‘NED’’ means the Na-
with suspended or revoked driver’s licenses nities. tional Endowment for Democracy.
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S5072 CONGRESSIONAL RECORD — SENATE September 27, 2022
(5) RELEVANT FEDERAL DEPARTMENTS AND Endowment for Democracy are made avail- ‘‘Department of State Office of Inspector
AGENCIES.—The term ‘‘relevant Federal de- able pursuant to the authority of the Na- General’’.
partments and agencies’’ means— tional Endowment for Democracy Act (title SEC. 1285. ESTABLISHMENT OF THE DEMOCRACY
(A) the Department of State; V of Public Law 98–164), including all deci- IN THE 21ST CENTURY FUND.
(B) the United States Agency for Inter- sions regarding the selection of beneficiaries. (a) ESTABLISHMENT.—There is established
national Development; and (b) RESTRICTIONS ON FOREIGN GOVERNMENT in the Treasury of the United States a fund
(C) other Federal agencies that the Presi- INTERFERENCE.— to be known as the ‘‘Democracy in the 21st
dent determines are relevant for purposes of (1) PRIOR APPROVAL.—With respect to the Century Fund’’ (in this subsection referred
this subtitle. provision of assistance for democracy pro- to as ‘‘the Fund’’), to be administered by the
(6) USAID.—The term ‘‘USAID’’ means the grams by relevant Federal departments and Secretary of State, following consultation
United States Agency for International De- agencies, the organizations implementing with the Administrator of the United States
velopment. such assistance, the specific nature of that Agency for International Development and
SEC. 1283. PROGRAM PRIORITIZATION AND DE- assistance, and the participants in such pro- the appropriate congressional committees,
MOCRACY STRATEGY. grams shall not be subject to the prior ap- consisting of amounts authorized to be ap-
(a) PROGRAM PRIORITIZATION .—As the glob- proval by the government of any foreign propriated by section 1287, to advance the
al leader in promoting and advancing demo- country. comprehensive strategy under section 1283,
cratic principles, the United States Govern- (2) DISCLOSURE OF IMPLEMENTING PARTNER including the programs of the Department of
ment should prioritize democracy programs INFORMATION.—If the Secretary of State, in State, USAID, and the National Endowment
that— consultation with the Administrator of the for Democracy described in subsections (b),
(1) align and are coordinated with diplo- United States Agency for International De- (c), (d), and (e).
matic and security strategies for a given velopment, determines that the government (b) DEFENDING DEMOCRACY GLOBALLY.—The
country or region; Secretary of State, in coordination with the
of a country is undemocratic or has engaged
(2) advance democracy worldwide, includ- USAID Administrator and in consultation
in gross violations of civil and political
ing during a country’s transition to democ- with the appropriate congressional commit-
rights, any new bilateral agreement gov-
racy and the consolidation of democracy fol- tees, shall establish a program to defend de-
erning the terms and conditions under which
lowing such a transition, and address demo- mocracy globally by—
assistance is provided to such a country (1) strengthening and enhancing the De-
cratic backsliding in a country; shall not require the disclosure of the names
(3) support democracy and democratic partment of State and USAID’s ability to re-
of implementing partners of democracy pro- spond quickly and flexibly to democratic
voices in closed and repressive societies, in- grams, and the Secretary of State and the
cluding those defending the exercise of civil openings and backsliding;
USAID Administrator shall expeditiously (2) assisting fledgling or struggling democ-
and political rights; seek to negotiate amendments to existing bi-
(4) counter the malign influence of the racies deliver services and meet expectations
lateral agreements, as necessary, to conform for their populations, in consultation and co-
People’s Republic of China, the Russian Fed- to this requirement.
eration, and other authoritarian govern- ordination with the governments of such de-
(3) REPORTING REQUIREMENT.—The Sec- mocracies, in order to further reforms and
ments; retary of State, in coordination with the
(5) counter corruption and kleptocracy, in- strategies identified by such governments
USAID Administrator, shall submit a report through consultation with respective civil
cluding by enhancing transparent, account- to the appropriate congressional commit-
able, and responsive governance; societies;
tees, not later than 180 days after the date of (3) supporting, in cooperation with other
(6) promote and protect independent the enactment of this Act, and annually
media, civil society activists, writers, art- international donors and in consultation
thereafter until September 30, 2026, detailing with nongovernmental organizations, inde-
ists, and intellectuals; steps taken by the Department of State and
(7) counter misinformation and pendent and public interest media worldwide
USAID to comply with the requirements of to help such media resist the overlapping
disinformation, but especially in the digital this subsection.
domain; challenges of authoritarian encroachment,
(c) PROTECTING IMPLEMENTING PARTNERS.—
(8) counter authoritarian abuse of tech- threats to their financial viability, and liti-
(1) IN GENERAL.—Where it is determined by
nology, and prevent manipulation—espe- gation and regulatory environments meant
the Secretary of State, in consultation with
cially through digital means—of elections, to undercut their ability to operate;
the USAID Administrator, or the NED Presi-
electoral data, and critical electoral infra- (4) centering democratic values and the
dent, as appropriate, that a country is un-
structure; promotion of civil and political rights in cur-
democratic or has engaged in gross viola-
(9) combat digital authoritarianism, in- rent and emerging technologies, and coun-
tions of civil and political rights, the names
cluding the use of the internet and other dig- tering efforts by authoritarian governments
of implementing persons and organizations
ital technologies to restrict the exercise of to surveil, censor, or otherwise repress popu-
of democracy activities and programs sup-
civil and political rights; lations by digital means, including through
ported by the Department of State, USAID,
(10) promote internet freedom and the use programs that—
or NED shall not be required under section
of technology that furthers democracy and (A) counter disinformation;
552 of title 5, United States Code (commonly
the exercise of civil and political rights; (B) establish an initiative to help countries
referred to as the ‘‘Freedom of Information
(11) counter transnational repression and around the world implement governing regu-
Act’’).
the extra-territorial extension of repressive lations for the procurement and use of tech-
(2) REPORTING REQUIREMENT.—Not later
measures, as well as the increasing use of ar- nology consistent with civil and political
than 180 days after the date of the enactment
bitrary detention; rights;
of this Act, the NED President shall submit
(12) respond rapidly to democratic open- (C) provide ‘‘digital public goods’’ to re-
a report to the appropriate committees on
ings or backsliding, and adapt to evolving duce the appeal of authoritarian-leaning
the uses of the authority provided in para-
dynamics on the ground; technologies to cash strapped countries;
graph (1) on a case-by-case basis, which shall
(13) promote civic education, voter edu- (D) provide education on digital literacy to
be updated every 180 days thereafter.
cation, and enhanced citizen participation in (d) INFORMATION SHARING.—The Secretary key populations; and
democratic processes; of State and the USAID Administrator shall (E) support the ongoing prioritization of
(14) protect the civil and political rights of regularly inform the NED President of de- democratic values in technological develop-
religious and ethnic minorities; mocracy programs that are planned and sup- ment in the years to come;
(15) seek to ensure the integrity of elec- ported by such agencies, and the NED Presi- (5) establishing international coalitions of
tions abroad; and dent shall regularly inform such Secretary governmental and nongovernmental actors
(16) establish and promote democracy part- and Administrator of programs that are dedicated to coordinating messaging, tech-
nerships to maximize support to a country planned and supported by the NED, con- nical assistance programming, and rules-
where a democratic opening is underway or sistent with the requirements of section based governance approaches related to
the respective government is a genuine part- 505(b) of the National Endowment for Democ- issues that impact democracy, particularly
ner for democratic reform. racy Act (22 U.S.C. 4414(b)). coalitions focused on—
(b) STRATEGY.—Not later than 120 days (e) DIGITAL SECURITY.—Democracy pro- (A) preserving election integrity by assist-
after the date of the enactment of this Act, grams supported by funds authorized to be ing elections to meet coalition-defined
the President shall submit to Congress a appropriated pursuant to section 1287 should standards of electoral integrity and deter-
comprehensive strategy to promote democ- include a component on digital security to ring or combating external influence in elec-
racy abroad that is informed by extensive enhance the security and safety of imple- tions abroad, including cyber intrusion,
consultations with the local actors impacted menters and beneficiaries, including, as ap- disinformation, and other threats; and
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by such programs. The strategy shall encom- propriate, assistance for civil society organi- (B) protecting supply chains from being
pass a whole of government approach to such zations to counter government surveillance, tainted by the products of forced labor; and
efforts, and include detailed information on censorship, and repression by digital means. (6) supporting human rights defenders, de-
funding, goals and objectives, and oversight. (f) AUDITS.—Section 504(g) of the National mocracy advocates at risk, writers, artists,
SEC. 1284. AUTHORITIES AND LIMITATION. Endowment for Democracy Act (22 U.S.C. and others who were forced to flee repression
(a) BENEFICIARIES.—Funds that are made 4413(g)) is amended by striking ‘‘United in their home countries so that they can
available by this subtitle for the National States Information Agency’’ and inserting safely continue their activism in exile.
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5073
(c) COMBATING CORRUPTION AND stitutions and organizations, to support de- ministrator shall coordinate their respective
KLEPTOCRACY.—The Secretary of State, in mocracy advocates at risk. programs, including at the country level, to
coordination with the USAID Administrator (f) LEVERAGING.—Pursuant to sections 607 ensure complementarity and prevent waste
and in consultation with the appropriate and 632 of the Foreign Assistance Act of 1961 or redundancy.
congressional committees, shall establish a (22 17 U.S.C. 2357, 2392), and after consulta- SEC. 1287. AUTHORIZATION OF APPROPRIATIONS.
program to support efforts by foreign gov- tion with the appropriate congressional com- (a) PROGRAMS.—
ernments, civil society, and the private sec- mittees, the Secretary of State is authorized (1) IN GENERAL.—There is authorized to be
tor to combat corruption and kleptocracy to establish mechanisms under the Fund to appropriated for the democracy programs of
abroad, including through efforts that— partner with other donors and private sector the Department of State and the United
(1) enhance government transparency, ac- partners to carry out the purposes of this States Agency for International Develop-
countability, and responsiveness across rel- section. ment in each of fiscal years 2023 through
evant sectors; (g) FUNDING TRANSPARENCY.—Concurrent 2027, $2,900,000,000, to remain available until
(2) improve detection and exposure of cor- with the submission of the report required expended.
ruption crimes, including those that cross by section 653(a) of the Foreign Assistance (2) DEMOCRACY IN THE 21ST CENTURY FUND.—
borders, improve citizen oversight and advo- Act of 1961 (22 U.S.C. 2413(a)), the Secretary Of the funds authorized to be appropriated
cacy, protect free expression and civic activ- of State shall submit to the appropriate con- by paragraph (1), the following amounts are
ism, and bolster investigative journalism gressional committees a detailed accounting authorized to be appropriated in each of fis-
and media independence; of any funds programmed pursuant to the cal years 2023 through 2027 for the Democ-
(3) expand investigations and prosecutions authorities under subsection (f) during the racy in the 21st Century Fund established
of corrupt acts and hold corrupt actors ac- prior fiscal year. under section 1285:
countable, and assist in the adoption and im- (h) NOTIFICATION REQUIREMENTS.—Not later (A) $20,000,000 in each such fiscal year is
plementation of anticorruption preventive than 15 days prior to the obligation of funds authorized to be appropriated for the Defend-
measures and promotion of good governance authorized to be appropriated for the Fund ing Democracy Globally program under sec-
and public administration; and the programs established under this sec- tion 1285(b), of which not more than
(4) build effective, impartial judiciaries; tion, the Secretary of State and the USAID $10,000,000 may be administered by the
(5) address corruption in key sectors, Administrator, as appropriate, shall notify USAID Administrator.
whether at the level of delivery of services to the appropriate congressional committees of (B) $50,000,000 in each such fiscal year is
citizens, important governmental processes the intended uses of such funds. authorized to be appropriated for the Com-
such as procurement, or priority economic (i) REPORTING REQUIREMENT.—Not later bating Corruption and Kleptocracy program
sectors; than 60 days after the date of the enactment under section 1285(c).
(6) strengthen democratic norms and of this Act, and annually thereafter through (C) $15,000,000 in each such fiscal year is au-
standards at the local, national, regional, fiscal year 2027, the Secretary of State, the thorized to be appropriated for the Democ-
and international levels; USAID Administrator, and the NED Presi- racy Research and Development program
(7) augment cooperation with the private dent, as appropriate, shall submit reports to under section 1285(d), which shall be allo-
sector and key industries to root out corrup- the appropriate congressional committees cated equally between the Department of
tion that harms competitiveness, economic detailing the uses of funds made available to State, USAID, and the National Endowment
growth, and development and taints critical the Fund pursuant to this subtitle. for Democracy.
supply chains; SEC. 1286. ROLES AND RESPONSIBILITIES. (D) $5,000,000 in each such fiscal year is au-
(8) strengthen cross-sectoral collaboration Funds authorized to be appropriated pursu- thorized to be appropriated for the Reagan-
among nongovernmental organizations es- ant to section 1287 should be made available Fascell Democracy Fellows Program for ad-
sential to combatting well-resourced as follows, consistent with the overall stra- ditional fellowships for democracy advocates
transnational kleptocratic networks; tegic direction and capabilities of the De- at risk.
(9) address corrosive capital and the stra- partment of State and the United States (3) DEMOCRACY FUND.—
tegic use of corruption by authoritarian Agency for International Development: (A) IN GENERAL.—Of the funds authorized
states to undermine democracy and good (1) For the Department of State, such to be appropriated by paragraph (1), there is
governance; funds should be the responsibility of the As- authorized to be appropriated $340,700,000 for
(10) provide essential skills and resources sistant Secretary of State for Democracy, each of fiscal years 2023 through 2027 to carry
to civil society and media to counter corrup- Human Rights, and Labor, except for funds out activities under part 1 and chapter 4 of
tion and address the weak governance and provided to the NED. Such funds shall be part II of the Foreign Assistance Act of 1961
poor human rights conditions that cultivate made available as grants and should have as (22 U.S.C. 2151 et seq., 22 U.S.C. 2346 et seq.)
corruption; and their primary purpose democracy programs and paragraphs (3) and (5) of section 502(b) of
(11) foster public demand for accountable that are incorporated into a larger diplo- the National Endowment for Democracy Act
and transparent government. matic strategy and are flexible, innovative, (22 U.S.C. 4411(b)), for the promotion of de-
(d) DEMOCRACY RESEARCH AND DEVELOP- and responsive to— mocracy globally, which shall be made avail-
MENT.—The Secretary of State, in consulta- (A) current human rights abuses and de- able to the Bureau of Democracy, Human
tion with the USAID Administrator and in mocracy deficiencies as documented in the Rights, and Labor of the Department of
consultation with the appropriate congres- annual Country Report on Human Rights State and the Bureau for Development, De-
sional committees, shall establish a program Practices required by sections 116(d) and mocracy, and Innovation of the United
for democracy research and development 502B(b) of the Foreign Assistance Act of 1961 States Agency for International Develop-
that— (22 U.S.C. 2151n(d), 2304(b)); and ment.
(1) supports research and development by (B) emerging opportunities and sudden cri- (B) ADDITIONAL AMOUNTS.—Funds author-
the Department of State, USAID, and the ses. ized to be made available to the National En-
NED on policies, programs, and technologies (2) For USAID, such funds should have as dowment for Democracy and its core insti-
relating to democracy programs; their primary purpose flexible, innovative, tutes under this paragraph are in addition to
(2) drives innovation within those entities and responsive democracy programs that are amounts otherwise authorized to be appro-
regarding the response to complex, multi- development-oriented, often coordinated priated by this subtitle for such purposes.
dimensional challenges to democracy, in- through a Country Development Cooperation (b) RESTRICTIONS.—Federal funds made
cluding combatting transnational Strategy, and conducted in countries where available to any individual, private entity,
kleptocracy, mitigating hyper-polarization, a USAID Mission is present or a where a or any other nonprofit organization pursuant
countering malign authoritarian influence, USAID Mission in a neighboring country can to this subtitle shall be subject to the re-
and leveraging emerging technology for de- manage and oversee such programs effec- strictions and prohibitions of section 1352 of
mocracy; title 31, United States Code.
tively. Such programs should, as appro-
(3) incentivizes collaboration among gov- (c) ADMINISTRATION OF DEPARTMENT OF
priate, build enduring local capacity, incor- STATE DEMOCRACY PROGRAMS.—Of the funds
ernment, nongovernmental organizations, porate democracy programming into a larger authorized to be appropriated by this section
and the private sector with the objective of development and diplomatic strategy, and that are made available for the Bureau of
identifying and mitigating threats to global emphasize participatory and locally led pro- Democracy, Human Rights, and Labor of the
democracy; and grams when possible. Funds made available Department of State, up to 15 percent may
(4) identifies lessons learned and best prac- for civil society and political competition be made available for the administration of
tices for democracy programs and diplomatic and consensus building programs abroad democracy programs by such Bureau in each
approaches to create feedback loops and shall be provided in a manner that recog- of fiscal years 2023 through 2027, including
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shape future evidence-based programming nizes the benefits of grants and cooperative for the hiring of additional personnel fol-
and diplomacy. agreements in implementing such programs. lowing consultation with the appropriate
(e) FELLOWSHIPS FOR DEMOCRACY ADVO- (3) In cases where both the Department of congressional committees. Such funds are in
CATES AT RISK.—The NED is authorized to State and USAID are able to respond to addition to funds otherwise made available
expand the Reagan-Fascell Democracy Fel- emerging opportunities and sudden crises, for such purposes.
lows Program to provide additional fellow- including in closed and repressive societies, (d) ADMINISTRATION OF USAID DEMOCRACY
ships, including in partnership with other in- the Secretary of State and the USAID Ad- PROGRAMS.—Of the funds authorized to be
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S5074 CONGRESSIONAL RECORD — SENATE September 27, 2022
appropriated by this section that are made SA 5685. Mr. KAINE submitted an imply, or otherwise indicate that the Presi-
available for USAID, up to 15 percent may be amendment intended to be proposed to dent may suspend, terminate, denounce, or
made available for the administration of de- amendment SA 5499 submitted by Mr. withdraw from any treaty to which the Sen-
mocracy programs by the agency in each of ate has provided its advice and consent with-
fiscal years 2023 through 2027, including for
REED (for himself and Mr. INHOFE) and
out the advice and consent of the Senate to
the hiring of additional personnel following intended to be proposed to the bill H.R. such act or pursuant to an Act of Congress.
consultation with the appropriate congres- 7900, to authorize appropriations for (g) SEVERABILITY.—If any provision of this
sional committees. Such funds are in addi- fiscal year 2023 for military activities section or the application of such provision
tion to funds otherwise made available for of the Department of Defense, for mili- is held by a Federal court to be unconstitu-
such purposes. tary construction, and for defense ac- tional, the remainder of this section and the
(e) NATIONAL ENDOWMENT FOR DEMOC- tivities of the Department of Energy, application of the provisions of such to any
RACY.—In addition to amounts authorized to person or circumstance shall not be affected
be appropriated under subsection (a), there
to prescribe military personnel
thereby.
are authorized to be appropriated for NED strengths for such fiscal year, and for (h) DEFINITIONS.—In this section, the terms
$325,000,000 for fiscal year 2023, $350,000,000 for other purposes; which was ordered to ‘‘withdrawal’’, ‘‘denunciation’’, ‘‘suspen-
fiscal year 2024, $375,000,000 for fiscal year lie on the table; as follows: sion’’, and ‘‘termination’’ have the meaning
2025, $400,000,000 for fiscal year 2026, and At the end of subtitle F of title XII, add given the terms in the Vienna Convention on
$425,000,000 for fiscal year 2027, including the following: the Law of Treaties, concluded at Vienna
amounts to be allocated in the traditional SEC. 1276. LIMITATION ON WITHDRAWAL FROM May 23, 1969.
and customary manner, to counter NORTH ATLANTIC TREATY.
transnational threats to democracy, as well (a) OPPOSITION OF CONGRESS TO SUSPEN- SA 5686. Ms. BALDWIN submitted an
as to support and sustain democratic growth SION, TERMINATION, DENUNCIATION, OR WITH- amendment intended to be proposed to
abroad, consistent with section 503 of the Na- DRAWAL FROM NORTH ATLANTIC TREATY.— amendment SA 5499 submitted by Mr.
tional Endowment for Democracy Act (22 The President shall not suspend, terminate, REED (for himself and Mr. INHOFE) and
U.S.C. 4412). denounce, or withdraw the United States intended to be proposed to the bill H.R.
from the North Atlantic Treaty, done at
SA 5683. Mr. COONS submitted an Washington, DC, April 4, 1949, except by and
7900, to authorize appropriations for
amendment intended to be proposed to with the advice and consent of the Senate, fiscal year 2023 for military activities
amendment SA 5499 submitted by Mr. provided that two-thirds of the Senators of the Department of Defense, for mili-
REED (for himself and Mr. INHOFE) and present concur, or pursuant to an Act of Con- tary construction, and for defense ac-
intended to be proposed to the bill H.R. gress. tivities of the Department of Energy,
7900, to authorize appropriations for (b) LIMITATION ON THE USE OF FUNDS.—No to prescribe military personnel
funds authorized or appropriated by any Act strengths for such fiscal year, and for
fiscal year 2023 for military activities
may be used to support, directly or indi-
of the Department of Defense, for mili- other purposes; which was ordered to
rectly, any efforts on the part of any United
tary construction, and for defense ac- States Government official to take steps to lie on the table; as follows:
tivities of the Department of Energy, suspend, terminate, denounce, or withdraw At the end of subtitle C of title VIII, add
to prescribe military personnel the United States from the North Atlantic the following:
strengths for such fiscal year, and for Treaty, done at Washington, DC, April 4, SEC. 848. REQUIREMENTS FOR THE PROCURE-
1949, until such time as both the Senate and MENT OF CERTAIN COMPONENTS
other purposes; which was ordered to FOR CERTAIN NAVAL VESSELS AND
lie on the table; as follows: the House of Representatives pass, by an af- AUXILIARY SHIPS.
At the end of subtitle C of title VII, add firmative vote of two-thirds of Members, a
(a) REQUIREMENTS FOR THE PROCUREMENT
the following: joint resolution approving the withdrawal of
OF CERTAIN COMPONENTS FOR NAVAL VES-
the United States from the treaty or pursu-
SEC. 753. SENSE OF SENATE ON ARMED SERVICES SELS.—Section 4864(a)(2) of title 10, United
WHOLE BLOOD PROCESSING LAB- ant to an Act of Congress.
States Code, is amended by adding at the end
ORATORY-EAST. (c) NOTIFICATION OF TREATY ACTION.—
the following new subparagraph:
It is the sense of the Senate that the Sen- (1) CONSULTATION.—Prior to the notifica-
‘‘(G) Ship shafts and propulsion system
ate— tion described in paragraph (2), the President
components (including engines, reduction
(1) supports the plans by the Defense shall consult with the Committee on Foreign
gears and propellers).’’.
Health Agency to construct a modern Relations of the Senate and the Committee
(b) REQUIREMENT THAT CERTAIN AUXILIARY
ASWBPL-East facility at Dover Air Force on Foreign Affairs of the House of Represent-
SHIP COMPONENTS BE MANUFACTURED IN THE
Base, Delaware; and atives in relation to any effort to suspend,
NATIONAL TECHNOLOGY AND INDUSTRIAL
(2) urges the Secretary of Defense to in- terminate, denounce, or withdraw the United
BASE.—
clude ASWBPL-East construction as a pri- States from the North Atlantic Treaty.
(1) TECHNICAL AMENDMENT.—Section 4864 of
ority in the Future Years Defense Program (2) NOTIFICATION.—The President shall no-
title 10, United States Code, is amended by
for fiscal year 2024. tify the Committee on Foreign Relations of
redesignating subsection (l) (relating to ‘‘Im-
the Senate and the Committee on Foreign
plementation of auxiliary ship component
SA 5684. Mr. KAINE submitted an Affairs of the House of Representatives in
limitation’’) as subsection (k).
amendment intended to be proposed to writing of any effort to suspend, terminate,
(2) COMPONENTS FOR AUXILIARY SHIPS.—
amendment SA 5499 submitted by Mr. denounce, or withdraw the United States
Paragraph (3) of section 4864(a) of title 10,
from the North Atlantic Treaty, as soon as
REED (for himself and Mr. INHOFE) and United States Code, is amended to read as
possible but in no event later than 180 days
intended to be proposed to the bill H.R. follows:
prior to taking such action.
7900, to authorize appropriations for ‘‘(3) COMPONENTS FOR AUXILIARY SHIPS.—
(d) AUTHORIZATION OF LEGAL COUNSEL TO
fiscal year 2023 for military activities Subject to subsection (k), the following com-
REPRESENT CONGRESS.—Both the Senate
ponents:
of the Department of Defense, for mili- Legal Counsel and the General Counsel to
‘‘(A) Large medium-speed diesel engines.
tary construction, and for defense ac- the House of Representatives are authorized
‘‘(B) Propulsion system components, in-
tivities of the Department of Energy, to independently or collectively represent
cluding reduction gears and propellers.’’.
Congress in initiating or intervening in any
to prescribe military personnel (3) IMPLEMENTATION.—Subsection (k) of
judicial proceedings in any Federal court of
strengths for such fiscal year, and for competent jurisdiction on behalf of Congress
section 4864 of title 10, United States Code,
other purposes; which was ordered to as redesignated by paragraph (1), is amended
in order to oppose any effort to suspend, ter-
lie on the table; as follows: to read as follows:
minate, denounce, or withdraw the United
‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP
At the end of subtitle B of title XII, add States from the North Atlantic Treaty in a
COMPONENT LIMITATION.—Subsection (a)(3)
the following: manner inconsistent with this section.
shall apply only with respect to contracts
SEC. 1226. REPEAL OF AUTHORIZATIONS FOR USE (e) REPORTING REQUIREMENT.—Any legal
awarded by a Secretary of a military depart-
OF MILITARY FORCE AGAINST IRAQ. counsel operating pursuant to subsection (d)
ment for construction of a new class of auxil-
(a) AUTHORIZATION FOR USE OF MILITARY shall report as soon as practicable to the
iary ship after the date of the enactment of
FORCE AGAINST IRAQ RESOLUTION.—The Au- Committee on Foreign Relations of the Sen-
this Act using funds available for National
thorization for Use of Military Force Against ate and the Committee on Foreign Affairs of
Defense Sealift Fund programs or Ship-
Iraq Resolution (Public Law 102–1; 105 Stat. the House of Representatives with respect to
ctelli on DSK11ZRN23PROD with SENATE
building and Conversion, Navy.’’.
3; 50 U.S.C. 1541 note) is hereby repealed. any judicial proceedings which the Senate
(b) AUTHORIZATION FOR USE OF MILITARY Legal Counsel or the General Counsel to the
FORCE AGAINST IRAQ RESOLUTION OF 2002.—
SA 5687. Ms. BALDWIN submitted an
House of Representatives, as the case may
The Authorization for Use of Military Force be, initiates or in which it intervenes pursu-
amendment intended to be proposed to
Against Iraq Resolution of 2002 (Public Law ant to subsection (d). amendment SA 5499 submitted by Mr.
107–243; 116 Stat. 1498; 50 U.S.C. 1541 note) is (f) RULE OF CONSTRUCTION.—Nothing in this REED (for himself and Mr. INHOFE) and
hereby repealed. section shall be construed to authorize, intended to be proposed to the bill H.R.
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5075
7900, to authorize appropriations for using funds available for National Defense At the end of subtitle A of title VII, add
fiscal year 2023 for military activities Sealift Fund programs or Shipbuilding and the following:
of the Department of Defense, for mili- Conversion, Navy.’’. SEC. 706. WAIVER OF COST-SHARING FOR THREE
MENTAL HEALTH OUTPATIENT VIS-
tary construction, and for defense ac- SA 5688. Mr. OSSOFF (for himself ITS UNDER THE TRICARE PROGRAM.
tivities of the Department of Energy, and Mr. CRAMER) submitted an amend- (a) TRICARE SELECT.—Section 1075(c) of
to prescribe military personnel ment intended to be proposed to title 10, United States Code, is amended by
strengths for such fiscal year, and for amendment SA 5499 submitted by Mr. adding at the end the following new para-
other purposes; which was ordered to REED (for himself and Mr. INHOFE) and graph:
lie on the table; as follows: ‘‘(4) Consistent with other provisions of
intended to be proposed to the bill H.R. this chapter and under requirements to be
At the end of subtitle C of title VIII, add 7900, to authorize appropriations for prescribed by the Secretary, the Secretary
the following: fiscal year 2023 for military activities may waive cost-sharing requirements for the
SEC. 848. REQUIREMENTS FOR THE PROCURE- of the Department of Defense, for mili- first three outpatient mental health visits of
MENT OF CERTAIN COMPONENTS tary construction, and for defense ac-
FOR CERTAIN NAVAL VESSELS AND
a beneficiary each year.’’.
SHIPS. tivities of the Department of Energy, (b) TRICARE PRIME.—Section 1075a(a) of
to prescribe military personnel such title is amended by adding at the end
(a) ANCHOR AND MOORING CHAIN REFERENCE
strengths for such fiscal year, and for the following new paragraph:
CORRECTION.—Section 4864 of title 10, United
other purposes; which was ordered to ‘‘(4) Consistent with other provisions of
States Code, is amended—
this chapter and under requirements to be
(1) in subsection (a)(2)(F), by striking lie on the table; as follows:
prescribed by the Secretary, the Secretary
‘‘shipboard’’; and At the end of subtitle G of title X, add the may waive cost-sharing requirements for the
(2) in subsection (b)(2), by striking ‘‘ship- following: first three outpatient mental health visits of
board’’. SEC. 1077. PROHIBITION ON COLLECTION OF CO- a beneficiary each year.’’.
(b) REQUIREMENTS FOR THE PROCUREMENT PAYMENTS FOR FIRST THREE MEN-
OF CERTAIN COMPONENTS FOR NAVAL VES- TAL HEALTH CARE OUTPATIENT VIS-
ITS OF VETERANS.
SA 5690. Mr. OSSOFF submitted an
SELS.—Section 4864(a)(2) of title 10, United
States Code, is amended by adding at the end (a) PROHIBITION ON COLLECTION.— amendment intended to be proposed to
the following new subparagraph: (1) IN GENERAL.—Subchapter III of chapter amendment SA 5499 submitted by Mr.
‘‘(G) Ship shafts, electric power generators, 17 of title 38, United States Code, is amended REED (for himself and Mr. INHOFE) and
propulsion system components (including en- by inserting after section 1722B the following intended to be proposed to the bill H.R.
gines, reduction gears, and propellers), elec- new section: 7900, to authorize appropriations for
tric propulsion motors, degaussing systems, ‘‘§ 1722C. Copayments: prohibition on collec- fiscal year 2023 for military activities
power distribution equipment, breakers, tion of copayments for first three mental of the Department of Defense, for mili-
switchgear, load center, power panels, power health care outpatient visits of veterans
tary construction, and for defense ac-
conversion equipment, rectifiers, frequency ‘‘(a) PROHIBITION.—Except as provided in
converters, inverters, machinery control,
tivities of the Department of Energy,
subsection (b), notwithstanding section
damage control, sensors, and programs for 1710(g) of this title or any other provision of to prescribe military personnel
command, control, communications, com- law, the Secretary may not impose or collect strengths for such fiscal year, and for
puters, and intelligence (commonly known a copayment for the first three mental other purposes; which was ordered to
as ‘C4I’).’’. health care outpatient visits of a veteran in lie on the table; as follows:
(c) REQUIREMENT THAT CERTAIN SHIP COM- a calendar year for which the veteran would At the end of subtitle B of title XXVIII,
PONENTS BE MANUFACTURED IN THE NATIONAL otherwise be required to pay a copayment add the following:
TECHNOLOGY AND INDUSTRIAL BASE.— under the laws administered by the Sec- SEC. 2825.
HOUSING ACCOMMODATIONS FOR
(1) TECHNICAL AMENDMENT.—Section 4864 of retary. MILITARY FAMILIES ON HOUSING
title 10, United States Code, is amended by ‘‘(b) COPAYMENT FOR MEDICATIONS.—The WAITLISTS.
redesignating subsection (l) (relating to ‘‘Im- prohibition under subsection (a) shall not (a) WAITLIST ACCOMMODATIONS.—The Sec-
plementation of auxiliary ship component apply with respect to the imposition or col- retary of Defense shall provide to members
limitation’’) as subsection (k). lection of copayments for medications pursu- of the Armed Forces and their dependents
(2) COMPONENTS FOR AUXILIARY SHIPS.— ant to section 1722A of this title. who, when undergoing a permanent change
Paragraph (3) of section 4864(a) of title 10, ‘‘(c) MENTAL HEALTH CARE OUTPATIENT of station, are placed on a waitlist for on-
United States Code, is amended to read as VISIT DEFINED.—In this section, the term base housing for a period of more than 10
follows: ‘mental health care outpatient visit’ means days following the date of arrival at the new
‘‘(3) COMPONENTS FOR AUXILIARY SHIPS.— an outpatient visit with a qualified mental
location, temporary accommodations for the
Subject to subsection (k), the following com- health professional for the primary purpose
entire duration of such period appropriate
ponents: of seeking mental health care or treatment
for the total size and composition of the fam-
‘‘(A) Large medium-speed diesel engines. for substance abuse disorder.’’.
ily of the member and at a rate not to exceed
‘‘(B) Auxiliary equipment, including (2) CLERICAL AMENDMENT.—The table of
the basic allowance for housing calculated
pumps, for all shipboard services. sections at the beginning of such subchapter
for such member under section 403 of title 37,
‘‘(C) Propulsion system components, in- is amended by inserting after the item re-
United States Code.
cluding engines, reduction gears, and propel- lated to section 1722B the following new (b) REPORT.—Not later than 180 days after
lers. item: the date of the enactment of this Act, the
‘‘(D) Shipboard cranes. ‘‘1722C. Copayments: prohibition on collec- Secretary of Defense shall submit to the con-
‘‘(E) Spreaders for shipboard cranes.’’. tion of copayments for first gressional defense committees a report con-
(3) IMPLEMENTATION.—Subsection (k) of three mental health care out- taining—
section 4864 of title 10, United States Code, patient visits of veterans.’’. (1) installation-specific data on the number
as redesignated by subsection (a), is amended (b) APPLICABILITY.—The amendments made of members of the Armed Forces and their
to read as follows: by subsection (a) shall apply with respect to dependents on military housing waitlists;
‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP mental health care outpatient visits occur- (2) an identification of the time spent by
COMPONENT LIMITATION.— ring on or after the date that is 180 days each such member and their dependents
‘‘(1) LARGE MEDIUM-SPEED DIESEL ENGINE.— after the date of the enactment of this Act. awaiting appropriate housing accommoda-
Subsection (a)(3)(A) applies only with re- tions;
SA 5689. Mr. OSSOFF (for himself
spect to contracts awarded by the Secretary (3) an analysis of the factors that are cre-
of a military department for new construc-
and Mr. CRAMER) submitted an amend- ating the need for such waitlists; and
tion of an auxiliary ship after the date of the ment intended to be proposed to (4) an assessment of the causes of waitlist
enactment of the National Defense Author- amendment SA 5499 submitted by Mr. durations that exceed 10 days.
ization Act for Fiscal Year 2020 (Public Law REED (for himself and Mr. INHOFE) and
119–92) using funds available for National De- intended to be proposed to the bill H.R. SA 5691. Mr. OSSOFF (for himself
fense Sealift Fund programs or Shipbuilding 7900, to authorize appropriations for and Mr. SCOTT of South Carolina) sub-
and Conversion, Navy. fiscal year 2023 for military activities mitted an amendment intended to be
‘‘(2) OTHER COMPONENTS FOR AUXILIARY of the Department of Defense, for mili- proposed to amendment SA 5499 sub-
ctelli on DSK11ZRN23PROD with SENATE
SHIPS.—Subparagraphs (B) through (E) of
tary construction, and for defense ac- mitted by Mr. REED (for himself and
subsection (a)(3) apply only with respect to
tivities of the Department of Energy, Mr. INHOFE) and intended to be pro-
contracts awarded by the Secretary of a
military department for new construction of to prescribe military personnel posed to the bill H.R. 7900, to authorize
an auxiliary ship after the date of the enact- strengths for such fiscal year, and for appropriations for fiscal year 2023 for
ment of the National Defense Authorization other purposes; which was ordered to military activities of the Department
Act for Fiscal Year 2022 (Public Law 117–81) lie on the table; as follows: of Defense, for military construction,
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S5076 CONGRESSIONAL RECORD — SENATE September 27, 2022
and for defense activities of the De- (3) appearances on Department of State At the end of subtitle C of title XII, add
partment of Energy, to prescribe mili- and Department of Defense social media ac- the following:
tary personnel strengths for such fiscal counts promoting engagements with Taiwan. SEC. 1239. CERTIFICATION REQUIREMENT FOR
IMPOSING SANCTIONS WITH RE-
year, and for other purposes; which was SA 5693. Mr. CRUZ submitted an SPECT TO MEMBERS OF QUADRILAT-
ordered to lie on the table; as follows: amendment intended to be proposed to ERAL SECURITY DIALOGUE.
At the end of subtitle G of title X, add the Section 231 of the Countering America’s
amendment SA 5499 submitted by Mr. Adversaries Through Sanctions Act (22
following:
REED (for himself and Mr. INHOFE) and U.S.C. 9525) is amended by adding at the end
SEC. 1077. OUTREACH TO HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND intended to be proposed to the bill H.R. the following:
MINORITY SERVING INSTITUTIONS 7900, to authorize appropriations for ‘‘(g) SPECIAL RULE FOR MEMBERS OF QUAD-
REGARDING NATIONAL SECURITY fiscal year 2023 for military activities RILATERAL SECURITY DIALOGUE.—
INNOVATION NETWORK (NSIN) PRO- ‘‘(1) IN GENERAL.—During the 10-year pe-
GRAMS THAT PROMOTE ENTREPRE-
of the Department of Defense, for mili-
riod beginning on the date of the enactment
NEURSHIP AND INNOVATION AT IN- tary construction, and for defense ac-
of the James M. Inhofe National Defense Au-
STITUTIONS OF HIGHER EDU- tivities of the Department of Energy, thorization Act for Fiscal Year 2023, the
CATION. to prescribe military personnel
(a) SHORT TITLE.—This section may be re- President may not impose sanctions under
strengths for such fiscal year, and for this section with respect a significant trans-
ferred to as the ‘‘HBCU National Security In-
novation Act’’.
other purposes; which was ordered to action described in subsection (a) engaged in
(b) PILOT PROGRAM.—The Under Secretary lie on the table; as follows: by the government of a member of the Quad-
of Defense for Research and Engineering, At the end of subtitle D of title XII, add rilateral Security Dialogue before such date
acting through the National Security Inno- the following: of enactment unless, before imposing such
vation Network (NSIN), may establish ac- SEC. 1254. UPGRADING THE STATUS OF TAIWAN sanctions, the President certifies to the ap-
tivities, including outreach and technical as- UNDER THE ARMS EXPORT CON- propriate congressional committees that
sistance, to better connect historically TROL ACT. that government is not participating in
Black colleges and universities and minority (a) SHORT TITLE.—This section may be quadrilateral cooperation between Australia,
serving institutions to the commercializa- cited as the ‘‘Taiwan Articles to Reinforce India, Japan, and the United States on secu-
tion, innovation, and entrepreneurial activi- and Maintain Sovereignty Act’’ or the ‘‘Tai- rity matters that are critical to United
ties of the Department of Defense. wan ARMS Act’’. States strategic interests.
(c) BRIEFING.—Not later than one year (b) STATUS OF TAIWAN UNDER ARMS EXPORT ‘‘(2) MEMBER OF THE QUADRILATERAL SECU-
after the initiation of any pilot activities CONTROL ACT.—The Arms Export Control Act RITY DIALOGUE DEFINED.—In this subsection,
under subsection (b), the Secretary of De- (22 U.S.C. 2751 et seq.) is amended— the term ‘member of the Quadrilateral Secu-
fense shall brief the congressional defense (1) in section 3(b)(2), by inserting ‘‘the Gov- rity Dialogue’ means Australia, India,
committees on the results of any activities ernment of Taiwan,’’ before ‘‘or the Govern- Japan, or the United States.’’.
conducted under the aforementioned pilot ment of New Zealand’’;
program, including— (2) in sections 3(d)(2)(B), 3(d)(3)(A)(i), SA 5696. Mr. CRUZ submitted an
(1) the results of outreach efforts; 3(d)(5), 21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), amendment intended to be proposed to
(2) the success of expanding NSIN pro- 36(c)(2)(A), 36(c)(5), 36(d)(2)(A), 62(c)(1), and amendment SA 5499 submitted by Mr.
grams to historically Black colleges and uni- 63(a)(2), by inserting ‘‘Taiwan,’’ before ‘‘or REED (for himself and Mr. INHOFE) and
versities and minority serving institutions; New Zealand’’ each place it appears; and intended to be proposed to the bill H.R.
(3) the potential barriers to expansion; and (3) in sections 21(h)(1)(A) and 21(h)(2), by 7900, to authorize appropriations for
(4) recommendations for how the Depart- inserting ‘‘Taiwan,’’ before ‘‘or Israel’’ each fiscal year 2023 for military activities
ment of Defense can support such institu- place it appears.
of the Department of Defense, for mili-
tions to successfully participate in Depart-
ment of Defense commercialization, innova- SA 5694. Mr. CRUZ submitted an tary construction, and for defense ac-
tion, and entrepreneurship programs. amendment intended to be proposed to tivities of the Department of Energy,
amendment SA 5499 submitted by Mr. to prescribe military personnel
SA 5692. Mr. CRUZ (for himself, Mr. REED (for himself and Mr. INHOFE) and strengths for such fiscal year, and for
CORNYN, and Mr. RUBIO) submitted an intended to be proposed to the bill H.R. other purposes; which was ordered to
amendment intended to be proposed to 7900, to authorize appropriations for lie on the table; as follows:
amendment SA 5499 submitted by Mr. fiscal year 2023 for military activities At the end of subtitle D of title XII, add
REED (for himself and Mr. INHOFE) and the following:
of the Department of Defense, for mili- SEC. 1254. REPORT AND SANCTIONS RELATING
intended to be proposed to the bill H.R. tary construction, and for defense ac- TO OBLIGATIONS OF PEOPLE’S RE-
7900, to authorize appropriations for tivities of the Department of Energy, PUBLIC OF CHINA UNDER TREATY
fiscal year 2023 for military activities to prescribe military personnel ON THE NON-PROLIFERATION OF
of the Department of Defense, for mili- NUCLEAR WEAPONS.
strengths for such fiscal year, and for (a) FINDINGS.—Congress finds that, as a sig-
tary construction, and for defense ac- other purposes; which was ordered to
tivities of the Department of Energy, natory to the Treaty on the Non-Prolifera-
lie on the table; as follows: tion of Nuclear Weapons, done at Wash-
to prescribe military personnel At the appropriate place in title II, insert ington, London, and Moscow July 1, 1968
strengths for such fiscal year, and for the following: (commonly referred to as the ‘‘Nuclear Non-
other purposes; which was ordered to SEC. lll. ADDITIONAL FUNDING FOR STEEL Proliferation Treaty’’), the People’s Repub-
lie on the table; as follows: PERFORMANCE INITIATIVE. lic of China is obligated under Article VI of
At the end of subtitle D of title XII, add The amount authorized to be appropriated the treaty to pursue arms control negotia-
the following: for fiscal year 2023 by section 201 for re- tions in good faith.
SEC. 1254.REQUIREMENT TO PERMIT DIG- search, development, test, and evaluation is (b) REPORT REQUIRED.—Not later than 180
NITARIES AND SERVICE MEMBERS hereby increased by $10,000,000, with the days after the date of the enactment of this
FROM TAIWAN TO DISPLAY THE amount of the increase to be available for Act, and annually thereafter, the Secretary
FLAG OF THE REPUBLIC OF CHINA. the Steel Performance Initiative. of State shall submit to Congress a report
(a) IN GENERAL.—The Secretary of State describing the implementation and observ-
and the Secretary of Defense shall permit SA 5695. Mr. CRUZ (for himself, Mr. ance of Article VI of the Nuclear Non-Pro-
members of the armed forces and govern- YOUNG, and Mr. MARSHALL) submitted liferation Treaty by the People’s Republic of
ment representatives from the Republic of an amendment intended to be proposed China that includes a determination of
China (Taiwan) or the Taipei Economic and whether the Government of the People’s Re-
Cultural Representative Office (TECRO) to
to amendment SA 5499 submitted by public of China has, during the year pre-
display, for the official purposes set forth in Mr. REED (for himself and Mr. INHOFE) ceding submission of the report, ‘‘pursue[d]
subsection (b), symbols of Republic of China and intended to be proposed to the bill negotiations in good faith on effective meas-
sovereignty, including— H.R. 7900, to authorize appropriations ures relating to cessation of the nuclear
(1) the flag of the Republic of China (Tai- for fiscal year 2023 for military activi- arms race at an early date and to nuclear
wan); and ties of the Department of Defense, for disarmament’’ in accordance with such Arti-
ctelli on DSK11ZRN23PROD with SENATE
(2) the corresponding emblems or insignia military construction, and for defense cle VI.
of military units. (c) IMPOSITION OF SANCTIONS.—The Presi-
activities of the Department of Energy,
(b) OFFICIAL PURPOSES.—The official pur- dent shall include on the SDN list any per-
poses referred to in subsection (a) are— to prescribe military personnel son that the President determines, on or
(1) the wearing of official uniforms; strengths for such fiscal year, and for after the date of the enactment of this Act—
(2) conducting government hosted cere- other purposes; which was ordered to (1) is an entity in the defense industry of
monies or functions; and lie on the table; as follows: the People’s Republic of China;
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5077
(2) is an individual who is corporate officer (1) AGREEMENT.—Not later than 60 days an amendment intended to be proposed
or principal shareholder of an entity de- after the date of enactment of this Act, the to amendment SA 5499 submitted by
scribed in paragraph (1); Secretary of State shall seek to enter into Mr. REED (for himself and Mr. INHOFE)
(3) knowingly provides significant finan- an agreement with the National Academy of
cial, material, technological, or other sup-
and intended to be proposed to the bill
Public Administration (referred to in this
port to a person described in paragraph (1) or section as the ‘‘National Academy’’) to carry H.R. 7900, to authorize appropriations
(2); or out the review and assessment described in for fiscal year 2023 for military activi-
(4) knowingly provides goods or services in paragraph (2) and submit the report de- ties of the Department of Defense, for
support of any activity or transaction on be- scribed in paragraph (3). military construction, and for defense
half of or for the benefit of such a person. (2) REVIEW AND ASSESSMENT.— activities of the Department of Energy,
(d) EXCEPTION.—The President may not in- (A) IN GENERAL.—Under the agreement de- to prescribe military personnel
clude an entity in the defense industry of the scribed in paragraph (1), the National Acad-
People’s Republic of China, an individual strengths for such fiscal year, and for
emy shall—
who is corporate officer or principal share- (i) conduct a review of nuclear cooperation
other purposes; which was ordered to
holder of such an entity, or a person that during the 25-year period ending on the date lie on the table; as follows:
provides support or goods or services to such of enactment of this Act between the United At the end of subtitle C of title XII, add
an entity or individual as described in para- States Government and the People’s Repub- the following:
graph (3) or (4) of subsection (c), on the SDN lic of China, including the role of the Depart- SEC. 1239. REPEAL OF WAIVER AND TERMI-
list pursuant to subsection (c) if, in the most ment of State in facilitating such coopera- NATION PROVISIONS OF PRO-
recent report required by subsection (b), the tion; and TECTING EUROPE’S ENERGY SECU-
President determines that the People’s Re- RITY ACT OF 2019.
(ii) perform an assessment of the implica-
public of China has ‘‘pursue[d] negotiations Section 7503 of the Protecting Europe’s En-
tions of the cooperation described in clause
in good faith on effective measures relating ergy Security Act of 2019 (title LXXV of Pub-
(i) on the national security of the United
to cessation of the nuclear arms race at an lic Law 116–92; 22 U.S.C. 9526 note) is amend-
States.
early date and to nuclear disarmament’’ pur- ed by striking subsections (f) and (h).
(B) ELEMENTS.—In conducting the review
suant to the obligations of the People’s Re-
and assessment under subparagraph (A), the SA 5699. Mr. CRUZ submitted an
public of China under article VI of the Nu-
clear Non-Proliferation Treaty during the National Academy shall examine all cooper-
ative activities relating to nuclear coopera-
amendment intended to be proposed to
period covered by the report. amendment SA 5499 submitted by Mr.
(e) DEFINITIONS.—In this section: tion between the United States Government
and the People’s Republic of China during REED (for himself and Mr. INHOFE) and
(1) KNOWINGLY.—The term ‘‘knowingly’’,
with respect to conduct, a circumstance, or a the 25-year period ending on the date of en- intended to be proposed to the bill H.R.
result, means that a person has actual actment of this Act, including— 7900, to authorize appropriations for
knowledge, or should have known, of the (i) all trips relating to nuclear cooperation fiscal year 2023 for military activities
conduct, the circumstance, or the result. taken by officials of the Department of State of the Department of Defense, for mili-
(2) SDN LIST.—The term ‘‘SDN list’’ means to the People’s Republic of China; tary construction, and for defense ac-
the list of specially designated nationals and (ii) all exchanges of goods, services, data,
or information between officials of the
tivities of the Department of Energy,
blocked persons maintained by the Office of to prescribe military personnel
Foreign Assets Control of the Department of United States Government and an entity de-
scribed in subparagraph (A) or (B) of sub- strengths for such fiscal year, and for
the Treasury.
section (a)(1); and other purposes; which was ordered to
SA 5697. Mr. CRUZ submitted an (C) all instances in which officials of the lie on the table; as follows:
amendment intended to be proposed to United States Government hosted officials At the end of subtitle F of title XII, add
amendment SA 5499 submitted by Mr. from, or significantly tied to, an entity de- the following:
scribed in subparagraph (A) or (B) of sub- SEC. 1276. IMPOSITION OF SANCTIONS UNDER
REED (for himself and Mr. INHOFE) and
section (a)(1). SECTION 231 OF COUNTERING AMER-
intended to be proposed to the bill H.R. (3) DEADLINE AND REPORT.—Not later than 1 ICA’S ADVERSARIES THROUGH
7900, to authorize appropriations for year after the date on which the Secretary SANCTIONS ACT WITH RESPECT TO
fiscal year 2023 for military activities and the National Academy enter into an GOVERNMENT OF NICARAGUA.
of the Department of Defense, for mili- agreement described in paragraph (1), the (a) REPORT REQUIRED.—
tary construction, and for defense ac- National Academy shall— (1) IN GENERAL.—Not later than 90 days
tivities of the Department of Energy, (A) complete the review and assessment de- after the date of the enactment of this Act,
to prescribe military personnel scribed in paragraph (2); and the Secretary of State, acting through the
(B) submit a report containing the results Bureau of Intelligence and Research of the
strengths for such fiscal year, and for
of the review and assessment, which shall be Department of State, and in coordination
other purposes; which was ordered to with the Director of National Intelligence,
unclassified but, if necessary, may contain a
lie on the table; as follows: shall submit to Congress a report that in-
classified annex, to—
At the end of subtitle D of title XII, add (i) the Secretary; and cludes an assessment, conducted after con-
the following: (ii) the appropriate congressional commit- sideration of the report of the Defense Intel-
SEC. 1254. LIMITATION ON NUCLEAR COOPERA- ligence Agency entitled, ‘‘Russia: Defense
tees.
TION WITH THE PEOPLE’S REPUBLIC Cooperation with Cuba, Nicaragua, and Ven-
OF CHINA. (4) PUBLICATION.—Not later than 60 days
after the date on which the National Acad- ezuela’’ and dated February 4, 2019, of wheth-
(a) IN GENERAL.—The President shall not— er the Government of Nicaragua has engaged
(1) develop, design, plan, promulgate, im- emy submits the report under paragraph (3),
the Secretary shall make the report pub- in transactions described in section 231(a) of
plement, or execute a bilateral policy, pro- the Countering America’s Adversaries
gram, order, or contract of any kind to par- lically available in an easily accessible elec-
tronic format, with appropriate redactions Through Sanctions Act (22 U.S.C. 9525(a))
ticipate in, collaborate on, or coordinate bi- during the 5-year period preceding submis-
laterally in any manner with respect to nu- for information that, in the determination of
the Secretary, would be damaging to the na- sion of the report required by this sub-
clear cooperation activities, or otherwise en- section.
gage in nuclear cooperation, with— tional security of the United States if dis-
closed. (2) FORM OF REPORT.—The report required
(A) the Government of the People’s Repub- by paragraph (1) shall be submitted in un-
lic of China; or (c) DEFINITIONS.—In this section:
(1) NUCLEAR COOPERATION.—The term ‘‘nu- classified form but may include a classified
(B) any company— annex.
(i) owned by the Government of the Peo- clear cooperation’’ means cooperation with
respect to nuclear activities, including the (b) IMPOSITION OF SANCTIONS.—Notwith-
ple’s Republic of China; or standing 231(b) of the Countering America’s
(ii) incorporated under the laws of the Peo- development, use, or control of atomic en-
ergy, including any activities involving the Adversaries Through Sanctions Act (22
ple’s Republic of China; or U.S.C. 9525(b)), the President shall impose 5
(2) allow any agency of the United States processing or utilization of source material,
byproduct material, or special nuclear mate- or more of the sanctions described in section
Government to host official visitors at a fa- 235 of that Act with respect to each trans-
cility belonging to the agency if those visi- rial (as those terms are defined in section 11
of the Atomic Energy Act of 1954 (42 U.S.C. action identified in the report required by
tors are— subsection (a).
(A) officials, corporate officers, or prin- 2014)).
ctelli on DSK11ZRN23PROD with SENATE
cipal shareholders of any entity described in (2) NUCLEAR COOPERATION ACTIVITIES.—The
term ‘‘nuclear cooperation activities’’ means SA 5700. Mr. CRUZ submitted an
subparagraph (A) or (B) of paragraph (1); or amendment intended to be proposed to
(B) individuals subject to undue influence activities relating to nuclear cooperation.
amendment SA 5499 submitted by Mr.
by the individuals described in subparagraph
(A). SA 5698. Mr. CRUZ (for himself, Mr. REED (for himself and Mr. INHOFE) and
(b) REVIEW OF PRIOR NUCLEAR COOPERATION RISCH, Mr. BARRASSO, Mr. JOHNSON, Mr. intended to be proposed to the bill H.R.
AND ASSOCIATED IMPACTS.— COTTON, and Mr. HAGERTY) submitted 7900, to authorize appropriations for
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S5078 CONGRESSIONAL RECORD — SENATE September 27, 2022
fiscal year 2023 for military activities graph (2) of that subsection, the President issue a new such waiver for such an activity
of the Department of Defense, for mili- shall— on or after such date of enactment.
(A) submit to the Committee on Foreign (b) ACTIVITIES DESCRIBED.—An activity de-
tary construction, and for defense ac-
Relations of the Senate and the Committee scribed in this subsection is an activity in or
tivities of the Department of Energy, with Iran with respect to which a waiver de-
on Foreign Affairs of the House of Represent-
to prescribe military personnel atives a determination regarding whether scribed in subsection (a) was issued in con-
strengths for such fiscal year, and for the foreign persons specified in paragraph (2) nection with the Joint Comprehensive Plan
other purposes; which was ordered to are officials, agents, or affiliates of the of Action, including the following:
lie on the table; as follows: FARC; and (1) Modernization or redesign of the Arak
At the appropriate place, insert the fol- (B) impose the sanctions described in sub- reactor.
lowing: section (a)(2) with respect to each such per- (2) Preparation or modification of cen-
son the President determines is an official, trifuge cascades at the Fordow facility for
SEC. lll. REPORT ON EFFORTS TO CAPTURE
AND DETAIN UNITED STATES CITI- agent, or affiliate of the FARC. stable isotope production.
ZENS AS HOSTAGES. (2) FOREIGN PERSONS SPECIFIED.—The for- (3) Operations, training, or services related
(a) IN GENERAL.—Not later than 30 days eign persons specified in this paragraph are to the Bushehr Nuclear Power Plant, includ-
after the date of the enactment of this Act, the following: ing fuel delivery and take-back.
the Secretary shall submit to the appro- (A) Jose Benito Cabrera (also known as (4) Transfer of uranium into or outside
priate committees of Congress a report on ef- Jose Benito Cabrera Cuevas, El Mono Fa- Iran, including natural uranium, enriched
forts by the Maduro regime of Venezuela to bian, and Fabian Ramirez), born either July uranium, or nuclear fuel scrap.
detain United States citizens and lawful per- 6, 1963, or July 5, 1965, in El Paujil, Caqueta, (5) Transfer or storage of Iranian heavy
manent residents. Colombia. water, inside or outside of Iran.
(B) Erasmo Traslavina Benavides (also (c) JOINT COMPREHENSIVE PLAN OF ACTION
(b) ELEMENTS.—The report required by sub-
known as Ismardo Murcia Lozada, Isnardo DEFINED.—In this section, the term ‘‘Joint
section (a) shall include, regarding the ar-
Murcia Lozada, and Jimmy Guerrero), born Comprehensive Plan of Action’’ means the
rest, capture, detainment, and imprisonment
June 19, 1958, in Guacamayo, Santander, Co- Joint Comprehensive Plan of Action signed
of United States citizens and lawful perma-
lombia. at Vienna on July 14, 2015, by Iran and by
nent residents—
(C) Emiro del Carmen Ropero Suarez (also France, Germany, the Russian Federation,
(1) the names, positions, and institutional
known as Ruben Zamora), born September 2, the People’s Republic of China, the United
affiliation of Venezuelan individuals, or
1962, in Municipio de Nueva Granada, Norte Kingdom, and the United States, and all im-
those acting on their behalf, who have en- plementing materials and agreements re-
gaged in such activities; de Santander, Colombia.
(D) Guillermo Enrique Torres Cueter (also lated to the Joint Comprehensive Plan of Ac-
(2) a description of any role played by tion.
transnational criminal organizations, and an known as Julian Conrado), born August 17,
identification of such organizations; and 1954, in Turbaco, Bolivar, Colombia.
SA 5703. Mr. CRUZ (for himself and
(3) where relevant, an assessment of wheth- (E) Rodrigo Granda Escobar (also known as
Arturo Campos, Gallopinto, and Ricardo
Mr. DURBIN) submitted an amendment
er and how United States citizens and lawful
Gonzalez), born April 9, 1949, in Frontino, intended to be proposed to amendment
permanent residents have been lured to Ven-
ezuela. Antioquia, Colombia. SA 5499 submitted by Mr. REED (for
(c) FORM.—The report required by sub- (F) Piedad Esneda Córdoba Ruiz, born Jan- himself and Mr. INHOFE) and intended
section (a) shall be submitted in unclassified uary 25, 1955, in Colombia. to be proposed to the bill H.R. 7900, to
form, but shall include a classified annex, (G) Sandra Ramirez Lobo Silva (also authorize appropriations for fiscal year
which shall include a list of the total number known as Sandra Ramirez and Griselda 2023 for military activities of the De-
of United States citizens and lawful perma- Lobo), born in 1965 in Colombia. partment of Defense, for military con-
nent residents detained or imprisoned in (c) LIMITATION ON REVOCATION.—The Presi-
dent may not revoke the designation under struction, and for defense activities of
Venezuela as of the date on which the report
subsection (a)(1), or sanctions imposed with the Department of Energy, to prescribe
is submitted.
respect to a foreign person under subsection military personnel strengths for such
SA 5701. Mr. CRUZ submitted an (a)(2) or (b), until the date that is 10 years fiscal year, and for other purposes;
after the date of the designation or the impo- which was ordered to lie on the table;
amendment intended to be proposed to sition of such sanctions, as the case may be.
amendment SA 5499 submitted by Mr. as follows:
(d) FARC DEFINED.—In this section, the
REED (for himself and Mr. INHOFE) and term ‘‘FARC’’ means the group known as the At the end of subtitle G of title X, add the
intended to be proposed to the bill H.R. FARC, the Revolutionary Armed Forces of following:
Colombia, Fuerzas Armadas Revolucionarias SEC. 10ll. DESIGNATION OF OSWALDO PAYÁ
7900, to authorize appropriations for WAY.
fiscal year 2023 for military activities de Colombia, or any other alias.
(a) FINDINGS.—Congress finds that—
of the Department of Defense, for mili- SA 5702. Mr. CRUZ (for himself, Mr. (1) the revolution led by Fidel Castro in
tary construction, and for defense ac- HAGERTY, Mr. TILLIS, Mr. RUBIO, Mr. Cuba in 1959 started 61 years of an ongoing
tivities of the Department of Energy, dictatorship, systemic human rights abuses,
CASSIDY, Mr. CRAMER, Ms. ERNST, and
to prescribe military personnel and a lack of basic freedom of press, religion,
Mr. COTTON) submitted an amendment assembly, and association that continue to
strengths for such fiscal year, and for intended to be proposed to amendment this day under the Communist rule of Raúl
other purposes; which was ordered to SA 5499 submitted by Mr. REED (for Castro and his successor, Miguel Dı́az-Canel;
lie on the table; as follows: himself and Mr. INHOFE) and intended (2) Oswaldo Payá Sardiñas was a Cuban po-
At the end of subtitle F of title XII, add to be proposed to the bill H.R. 7900, to litical dissident dedicated to promoting
the following: authorize appropriations for fiscal year democratic freedoms and human rights in
SEC. 1276. REIMPOSITION OF SANCTIONS WITH 2023 for military activities of the De- Cuba;
RESPECT TO THE FARC. (3) the Communist Party of Cuba has al-
partment of Defense, for military con-
(a) IN GENERAL.—Not later than 30 days ways viewed that commitment to democracy
after the date of the enactment of this Act,
struction, and for defense activities of and freedom as a threat to the existence of
the President shall— the Department of Energy, to prescribe the Communist Party of Cuba;
(1) designate the FARC as a foreign ter- military personnel strengths for such (4) on July 22, 2012, a violent car crash,
rorist organization pursuant to section 219 of fiscal year, and for other purposes; widely believed to have been carried out by
the Immigration and Nationality Act (8 which was ordered to lie on the table; the Castro regime, took the lives of Oswaldo
U.S.C. 1189); and as follows: Payá and Harold Cepero, another dissident;
(2) impose, with respect to FARC and any At the end of subtitle B of title XII, add (5) the official investigation into the crash
foreign person the President determines is the following: has been demonstrated to be compromised,
an official, agent, or affiliate of FARC, the SEC. 1226. TERMINATION OF CERTAIN WAIVERS and the Castro regime has offered no plau-
sanctions applicable with respect to a for- OF SANCTIONS WITH RESPECT TO sible evidence of the innocence of the Castro
eign person pursuant to Executive Order NUCLEAR ACTIVITIES IN OR WITH regime in the crash, leaving the cir-
13224 (50 U.S.C. 1701 note; relating to block- IRAN. cumstances of the death of Oswaldo Payá un-
ing property and prohibiting transactions (a) IN GENERAL.—Effective on the date of known;
ctelli on DSK11ZRN23PROD with SENATE
with persons who commit, threaten to com- the enactment of this Act, any waiver of the (6) opposition by Oswaldo Payá to the
mit, or support terrorism). application of sanctions provided for under Communist Party of Cuba began at a young
(b) DETERMINATION REQUIRED.— sections 1244, 1245, 1246, and 1247 of the Iran age, when he refused to become a member of
(1) IN GENERAL.—Not later than 30 days Freedom and Counter-Proliferation Act of the Young Communist League as a primary
after the President makes the designation 2012 (22 U.S.C. 8803, 8804, 8805, and 8806) for or school student, and continued through high
required by paragraph (1) of subsection (a) to enable an activity described in subsection school, when he publicly criticized the inva-
and imposes the sanctions required by para- (b) is terminated, and the President may not sion of Czechoslovakia by the Soviet Union;
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5079
(7) the Communist Party of Cuba re- 2023 for military activities of the De- Secretary of Defense shall reduce each fee
sponded to the opposition by Oswaldo Payá partment of Defense, for military con- that would otherwise be charged to the civil-
to the invasion of Czechoslovakia by the So- struction, and for defense activities of ian under this section according to a sliding
viet Union by sending Oswaldo Payá to a fee discount program.
labor camp for 3 years;
the Department of Energy, to prescribe
‘‘(3) If a civilian specified in subsection (a)
(8) Oswaldo Payá forewent a chance to es- military personnel strengths for such does not meet the criteria under paragraph
cape Cuba in the 1980 Mariel boatlift, decid- fiscal year, and for other purposes; (1) or (2), the Secretary of Defense shall im-
ing instead to continue the fight for democ- which was ordered to lie on the table; plement an additional catastrophic waiver to
racy in Cuba, saying, ‘‘This is what I am sup- as follows: prevent financial harm.
posed to be, this is what I have to do.’’; At the appropriate place in title II, insert ‘‘(4) The modified payment plan under this
(9) by creating the Varela Project in 1998, the following: subsection may not be administered by a
Oswaldo Payá demonstrated his staunch SEC. lll. ADDITIONAL FUNDING FOR TESTING Federal agency other than the Department
commitment to peacefully advocating for OF HYPERSONIC WEAPON SYSTEMS of Defense.’’; and
freedom of speech and freedom of assembly WITH B–1 BOMBER. (3) by adding at the end the following new
for his fellow Cubans; The amount authorized to be appropriated subsection:
(10) in recognition of his determination for for fiscal year 2023 by section 201 for re- ‘‘(e) DEFINITIONS.—In this section:
political reforms through peaceful protests, search, development, test, and evaluation is ‘‘(1) The term ‘covered payer’ means a
Oswaldo Payá was awarded the Sakharov hereby increased by $30,000,000, with the third-party payer or other insurance, med-
Prize for Freedom of Thought by the Euro- amount of the increase to be available for ical service, or health plan.
pean Parliament in 2002 and the W. Averell the testing of hypersonic weapon systems ‘‘(2) The terms ‘third-party payer’ and ‘in-
Harriman Democracy Award from the Na- with the B–1 bomber. surance, medical service, or health plan’
tional Democratic Institute for Inter- have the meaning given those terms in sec-
national Affairs in 2003 and was nominated SA 5705. Mr. CRUZ submitted an tion 1095(h) of this title.’’.
for the Nobel Peace Prize by former Czech amendment intended to be proposed to (c) APPLICABILITY.—The amendments made
President Václav Havel in 2005; amendment SA 5499 submitted by Mr. by subsections (a) and (b) shall apply with
(11) on April 11, 2018, the Senate unani- respect to care provided on or after the date
mously passed S. Res. 224, recognizing the
REED (for himself and Mr. INHOFE) and
intended to be proposed to the bill H.R. that is 180 days after the date of the enact-
sixth anniversary of the death of Oswaldo ment of this Act.
Payá Sardiñas, commemorating his legacy 7900, to authorize appropriations for
and commitment to democratic values and fiscal year 2023 for military activities
SA 5706. Mr. CRUZ submitted an
principles, and calling on the Cuban govern- of the Department of Defense, for mili-
ment to allow an impartial, third-party in- amendment intended to be proposed to
tary construction, and for defense ac-
vestigation into the circumstances sur- amendment SA 5499 submitted by Mr.
tivities of the Department of Energy,
rounding his death; and REED (for himself and Mr. INHOFE) and
to prescribe military personnel
(12) renaming the street in front of the Em- intended to be proposed to the bill H.R.
bassy of Cuba in the District of Columbia
strengths for such fiscal year, and for
7900, to authorize appropriations for
after Oswaldo Payá serves as an expression other purposes; which was ordered to
fiscal year 2023 for military activities
of solidarity between the people of the lie on the table; as follows:
of the Department of Defense, for mili-
United States and the people of the Cuba, At the end of subtitle B of title VII, add
who are engaged in a long, nonviolent strug- the following:
tary construction, and for defense ac-
gle for fundamental human rights. SEC. 728. IMPROVEMENTS TO PROCESSES TO RE-
tivities of the Department of Energy,
(b) DESIGNATION OF OSWALDO PAYÁ WAY.— DUCE FINANCIAL HARM CAUSED TO to prescribe military personnel
(1) DESIGNATION OF WAY.— CIVILIANS FOR CARE PROVIDED AT strengths for such fiscal year, and for
(A) IN GENERAL.—The area between the MILITARY MEDICAL TREATMENT FA- other purposes; which was ordered to
intersections of 16th Street, Northwest and CILITIES.
(a) CLARIFICATION OF FEE WAIVER PROC-
lie on the table; as follows:
Fuller Street, Northwest and 16th Street,
ESS.—Subsection (b) of section 1079b of title At the end of subtitle D of title XXVIII,
Northwest and Euclid Street, Northwest in
10, United States Code, is amended to read as add the following:
Washington, District of Columbia, shall be
known and designated as ‘‘Oswaldo Payá follows: SEC. 2868. MODIFICATION OF INFRASTRUCTURE
Way’’. ‘‘(b) WAIVER OF FEES.—Each commander TO EXPEDITE THE DEPLOYMENT BY
(or director, as applicable) of a military med- RAIL OF HEAVY ARMORED DIVI-
(B) REFERENCES.—Any reference in a law, SIONS AND ASSOCIATED EQUIPMENT
map, regulation, document, paper, or other ical treatment facility shall issue a waiver
FROM INSTALLATIONS OF THE ARMY
record of the United States to the area re- for a fee that would otherwise be charged
TO NAVAL PORTS.
ferred to in paragraph (1) shall be deemed to under the procedures implemented under
subsection (a) to a civilian provided medical (a) IN GENERAL.—The Secretary of Defense
be a reference to Oswaldo Payá Way. shall modify or improve the infrastructure
(2) DESIGNATION OF ADDRESS.— care at the facility who is not a covered ben-
eficiary if the provision of such care en- necessary to expedite the deployment by rail
(A) DESIGNATION.—The address of 2630 16th of heavy armored divisions and associated
Street, Northwest, Washington, District of hances the knowledge, skills, and abilities of
health care providers, as determined by the equipment from installations of the Army in
Columbia, shall be redesignated as 2630 the United States to naval ports in support
Oswaldo Payá Way. respective commander or director.’’.
(b) MODIFIED PAYMENT PLAN FOR CERTAIN of a large-scale conflict with a near-peer ad-
(B) REFERENCES.—Any reference in a law, versary to ensure that installations of the
map, regulation, document, paper, or other CIVILIANS.—Such section is further amend-
ed— Army that house armored divisions have a
record of the United States to the address re- rail facility with multiple spurs to allow for
ferred to in subparagraph (A) shall be (1) by redesignating subsection (c) as sub-
section (d); the expedited deployment of troops and
deemed to be a reference to 2630 Oswaldo equipment.
Payá Way. (2) by inserting after subsection (b) the fol-
lowing new subsection (c): (b) USE OF AMOUNTS.—The Secretary may
(3) SIGNS.—The District of Columbia shall expend not more than $150,000,000 to carry
construct 2 street signs that shall— ‘‘(c) MODIFIED PAYMENT PLAN FOR CERTAIN
CIVILIANS.—(1)(A) If a civilian specified in out the requirement under subsection (a).
(A) contain the phrase ‘‘Oswaldo Payá
Way’’; subsection (a) is covered by a covered payer
(B) be placed immediately above existing at the time care under this section is pro- SA 5707. Mr. CRUZ submitted an
signs at the intersections of 16th Street, vided, the civilian shall only be responsible amendment intended to be proposed to
Northwest and Fuller Street, Northwest and to pay for any services that are not covered amendment SA 5499 submitted by Mr.
16th Street, Northwest and Euclid Street, by the covered payer or any copays, coinsur- REED (for himself and Mr. INHOFE) and
ance, deductibles, or nominal fees otherwise
Northwest in Washington, District of Colum- intended to be proposed to the bill H.R.
bia; and owed by the civilian.
‘‘(B)(i) The Secretary of Defense may bill 7900, to authorize appropriations for
(C) be similar in design to the signs used fiscal year 2023 for military activities
only the covered payer for care provided to a
by the District of Columbia to designate the of the Department of Defense, for mili-
civilian described in subparagraph (A).
location of Metro stations.
‘‘(ii) Payment received by the Secretary tary construction, and for defense ac-
SA 5704. Mr. CRUZ (for himself and from the covered payer of a civilian for care tivities of the Department of Energy,
ctelli on DSK11ZRN23PROD with SENATE
provided under this section to the civilian to prescribe military personnel
Mr. CORNYN) submitted an amendment
shall be considered payment in full for such strengths for such fiscal year, and for
intended to be proposed to amendment care.
SA 5499 submitted by Mr. REED (for ‘‘(2) If a civilian specified in subsection (a) other purposes; which was ordered to
himself and Mr. INHOFE) and intended does not meet the criteria under paragraph lie on the table; as follows:
to be proposed to the bill H.R. 7900, to (1), is underinsured, or has a remaining bal- At the end of subtitle G of title X, add the
authorize appropriations for fiscal year ance and is at risk of financial harm, the following:
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S5080 CONGRESSIONAL RECORD — SENATE September 27, 2022
SEC. 1077. REVIEW BY COMMITTEE ON FOREIGN (3) by adding at the end the following: SA 5708. Mr. SCOTT of Florida sub-
INVESTMENT IN THE UNITED ‘‘(VI) with respect to covered transactions
STATES OF REAL ESTATE PUR- mitted an amendment intended to be
described in subsection (a)(4)(B)(vi), to the proposed to amendment SA 5499 sub-
CHASES OR LEASES NEAR MILITARY
INSTALLATIONS OR MILITARY AIR- members of the Senate from the State in
which the military installation, military
mitted by Mr. REED (for himself and
SPACE.
training route, special use airspace, con- Mr. INHOFE) and intended to be pro-
(a) INCLUSION IN DEFINITION OF COVERED
TRANSACTION.—Section 721(a)(4) of the De- trolled firing area, or military operations posed to the bill H.R. 7900, to authorize
fense Production Act of 1950 (50 U.S.C. area is located, and the member of the House appropriations for fiscal year 2023 for
4565(a)(4)) is amended— of Representatives from the Congressional military activities of the Department
(1) in subparagraph (A)— District in which such installation, route, of Defense, for military construction,
(A) in clause (i), by striking ‘‘; and’’ and in- airspace, or area is located.’’. and for defense activities of the De-
serting a semicolon; (d) LIMITATION ON APPROVAL OF ENERGY
PROJECTS RELATED TO REVIEWS CONDUCTED partment of Energy, to prescribe mili-
(B) in clause (ii), by striking the period at tary personnel strengths for such fiscal
the end and inserting ‘‘; and’’; and BY COMMITTEE ON FOREIGN INVESTMENT IN
(C) by adding at the end the following: THE UNITED STATES.— year, and for other purposes; which was
‘‘(iii) any transaction described in subpara- (1) REVIEW BY SECRETARY OF DEFENSE.— ordered to lie on the table; as follows:
graph (B)(vi) that is proposed, pending, or Section 183a of title 10, United States Code, At the appropriate place in subtitle D of
completed on or after the date of the enact- is amended— title I, insert the following:
ment of the National Defense Authorization (A) by redesignating subsections (f), (g), SEC. ll. DIVESTMENT OF A–10 THUNDERBOLT II
Act for Fiscal Year 2023.’’; and and (h) as subsections (g), (h), and (i), respec- AIRCRAFT.
(2) in subparagraph (B), by adding at the tively; and In fiscal year 2023, the Secretary of the Air
end the following: (B) by inserting after subsection (e) the fol- Force shall divest 42 A–10 Thunderbolt II air-
‘‘(vi) Notwithstanding clause (ii) or sub- lowing new subsection (f): craft.
‘‘(f) SPECIAL RULE RELATING TO REVIEW BY ---
paragraph (C), the purchase or lease by, or a
COMMITTEE ON FOREIGN INVESTMENT OF THE SA 5709. Mr. CRUZ (for himself, Mr.
concession to, a foreign person of private or
UNITED STATES.—(1) If, during the period RUBIO, Mr. RISCH, Mr. HOEVEN, Mr.
public real estate—
during which the Department of Defense is
‘‘(I) that is located in the United States
reviewing an application for an energy
JOHNSON, and Mr. CRAMER) submitted
and within— an amendment intended to be proposed
project filed with the Secretary of Transpor-
‘‘(aa) 100 miles of a military installation to amendment SA 5499 submitted by
tation under section 44718 of title 49, the pur-
(as defined in section 2801(c)(4) of title 10, Mr. REED (for himself and Mr. INHOFE)
chase, lease, or concession of real property
United States Code); or on which the project is planned to be located
‘‘(bb) 50 miles of— and intended to be proposed to the bill
is under review or investigation by the Com- H.R. 7900, to authorize appropriations
‘‘(AA) a military training route (as defined mittee on Foreign Investment in the United
in section 183a(h) of title 10, United States for fiscal year 2023 for military activi-
States under section 721 of the Defense Pro-
Code); duction Act of 1950 (50 U.S.C. 4565), the Sec- ties of the Department of Defense, for
‘‘(BB) airspace designated as special use retary of Defense— military construction, and for defense
airspace under part 73 of title 14, Code of ‘‘(A) may not complete review of the activities of the Department of Energy,
Federal Regulations (or a successor regula- project until the Committee concludes ac- to prescribe military personnel
tion), and managed by the Department of De- tion under such section 721 with respect to
fense;
strengths for such fiscal year, and for
the purchase, lease, or concession; and other purposes; which was ordered to
‘‘(CC) a controlled firing area (as defined in ‘‘(B) shall notify the Secretary of Trans-
section 1.1 of title 14, Code of Federal Regu- lie on the table; as follows:
portation of the delay.
lations (or a successor regulation)) used by ‘‘(2) If the Committee on Foreign Invest- At the end of subtitle C of title VII, add
the Department of Defense; or ment in the United States determines that the following:
‘‘(DD) a military operations area (as de- the purchase, lease, or concession of real SEC. 753. MODIFICATION OF LIMITATION ON AC-
fined in section 1.1 of title 14, Code of Fed- property on which an energy project de- TIONS BASED SOLELY ON FAILURE
eral Regulations (or a successor regulation)); TO OBEY AN ORDER TO RECEIVE A
scribed in paragraph (1) is planned to be lo-
and VACCINE FOR COVID–19.
cated threatens to impair the national secu-
‘‘(II) if the foreign person is owned or con- rity of the United States and refers the pur- Section 736 of the National Defense Au-
trolled by, is acting for or on behalf of, or re- chase, lease, or concession to the President thorization Act for Fiscal Year 2022 (Public
ceives subsidies from— for further action under section 721(d) of the Law 117–81; 135 Stat. 1800) is amended—
‘‘(aa) the Government of the Russian Fed- Defense Production Act of 1950 (50 U.S.C. (1) by amending the section heading to
eration; 4565(d)), the Secretary of Defense shall— read as follows: ‘‘LIMITATIONS ON PUNISHMENT
‘‘(bb) the Government of the People’s Re- ‘‘(A) find under subsection (e)(1) that the SOLELY ON BASIS OF FAILURE TO OBEY ORDER TO
public of China; project would result in an unacceptable risk RECEIVE COVID–19 VACCINE’’;
‘‘(cc) the Government of the Islamic Re- to the national security of the United (2) in subsection (a)—
public of Iran; or States; and (A) by striking ‘‘a lawful’’ and inserting
‘‘(dd) the Government of the Democratic ‘‘(B) transmit that finding to the Secretary ‘‘an’’; and
People’s Republic of Korea.’’. of Transportation for inclusion in the report (B) by striking ‘‘shall be’’ and all that fol-
(b) MANDATORY UNILATERAL INITIATION OF required under section 44718(b)(2) of title lows through the period at the end and in-
REVIEWS.—Section 721(b)(1)(D) of the Defense 49.’’. serting ‘‘shall be an honorable discharge’’;
Production Act of 1950 (50 U.S.C. (2) REVIEW BY SECRETARY OF TRANSPOR- (3) by redesignating subsection (b) as sub-
4565(b)(1)(D)) is amended— TATION.—Section 44718 of title 49, United section (f);
(1) in clause (iii), by redesignating sub- States Code, is amended— (4) by inserting after subsection (a) the fol-
clauses (I), (II), and (III) as items (aa), (bb), (A) by redesignating subsection (h) as sub- lowing new subsections:
and (cc), respectively, and by moving such section (i); and ‘‘(b) PROHIBITION ON ADVERSE ACTION.—The
items, as so redesignated, 2 ems to the right; (B) by inserting after subsection (g) the Secretary of Defense may not take any ad-
(2) by redesignating clauses (i), (ii), and following new subsection: verse action against a covered member based
(iii) as subclauses (I), (II), and (III), respec- ‘‘(h) SPECIAL RULE RELATING TO REVIEW BY solely on the refusal of such member to re-
tively, and by moving such subclauses, as so COMMITTEE ON FOREIGN INVESTMENT OF THE ceive a vaccine for COVID–19.
redesignated, 2 ems to the right; and UNITED STATES.—The Secretary of Transpor- ‘‘(c) REMEDIES AVAILABLE FOR A COVERED
(3) by striking ‘‘Subject to’’ and inserting tation may not issue a determination pursu- MEMBER DISCHARGED OR PUNISHED BASED ON
the following: ant to this section with respect to a proposed COVID–19 STATUS.—At the election of a cov-
‘‘(i) IN GENERAL.—Subject to’’; and structure to be located on real property the ered member and upon application through a
(4) by adding at the end the following: purchase, lease, or concession of which is process established by the Secretary of De-
‘‘(ii) MANDATORY UNILATERAL INITIATION OF under review or investigation by the Com- fense, the Secretary shall—
CERTAIN TRANSACTIONS.—The Committee mittee on Foreign Investment in the United ‘‘(1) adjust to ‘honorable discharge’ the
shall initiate a review under subparagraph States under section 721 of the Defense Pro- status of the member if—
(A) of a covered transaction described in sub- duction Act of 1950 (50 U.S.C. 4565) until— ‘‘(A) the member was separated from the
section (a)(4)(B)(vi).’’. ‘‘(1) the Committee concludes action under Armed Forces based solely on the failure of
(c) CERTIFICATIONS TO CONGRESS.—Section such section 721 with respect to the pur- the member to obey an order to receive a
ctelli on DSK11ZRN23PROD with SENATE
721(b)(3)(C)(iii) of the Defense Production Act chase, lease, or concession; and vaccine for COVID–19; and
of 1950 (50 U.S.C. 4565(b)(3)(C)(iii)) is amend- ‘‘(2) the Secretary of Defense— ‘‘(B) the discharge status of the member
ed— ‘‘(A) issues a finding under section 183a(e) would have been an ‘honorable discharge’ but
(1) in subclause (IV), by striking ‘‘; and’’ of title 10; or for the refusal to obtain such vaccine;
and inserting a semicolon; ‘‘(B) advises the Secretary of Transpor- ‘‘(2) reinstate the member at the grade
(2) in subclause (V), by striking the period tation that no finding under section 183a(e) held by the member immediately prior to
at the end and inserting ‘‘; and’’; and of title 10 will be forthcoming.’’. the involuntary separation of the member;
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5081
‘‘(3) expunge from the service record of the Defense shall submit to the Committees on ‘‘(3) to be an advocate on behalf of all
member any reference to any adverse action Armed Services of the Senate and the House American Indian veterans without regard to
based solely on COVID–19 status, including of Representatives a report that— whether they served during times of peace,
involuntary separation; and (1) contains a thorough review of owner- conflict, or war;
‘‘(4) include the time of involuntary sepa- ship by foreign persons of agricultural land ‘‘(4) to promote social welfare (including
ration of the member reinstated under para- near installations of the Department of De- educational, economic, social, physical, and
graph (2) in the computation of the retired or fense in the United States; and cultural values and traditional healing) in
retainer pay of the member. (2) assesses the threat such ownership the United States by encouraging the growth
‘‘(d) ATTEMPT TO AVOID DISCHARGE.—The poses to the national security of the United and development, readjustment, self-respect,
Secretary of Defense shall— States. self-confidence, contributions, and self-iden-
‘‘(1) make every effort to retain members tity of American Indian veterans;
of the Armed Forces who are not vaccinated SA 5711. Mr. ROUNDS (for himself, ‘‘(5) to serve as an advocate for the needs
against COVID–19; Mr. LUJÁN, Mr. THUNE, Mr. RUBIO, Mr. of American Indian veterans and their fami-
‘‘(2) create an exemption to the require- SULLIVAN, Mr. INHOFE, Mr. CRAMER, Mr. lies and survivors in their dealings with all
ment that members of the Armed Forces be Federal and State government agencies;
vaccinated against COVID–19 for such mem- DAINES, Mr. CASSIDY, Mr. MORAN, Mr.
KELLY, Mr. CORNYN, Ms. KLOBUCHAR, ‘‘(6) to promote, support, and utilize re-
bers with natural immunity; and search, on a nonpartisan basis, pertaining to
‘‘(3) create and recognize an exemption to Ms. MURKOWSKI, Mr. PADILLA, Ms. the relationship between American Indian
the requirement that members of the Armed SINEMA, Mr. OSSOFF, Ms. SMITH, Mr. veterans and American society; and
Forces be vaccinated against COVID–19 based GRAHAM, Mr. TILLIS, Mr. WARNOCK, Mr. ‘‘(7) to provide technical assistance to the
on an underlying health condition or the sin- HEINRICH, Mr. BENNET, Mr. Bureau of Indian Affairs regional areas that
cerely held religious beliefs of an individual HICKENLOOPER, Mr. BRAUN, Mr. BURR, are not served by any veterans committee or
member. organization or program by—
‘‘(e) REPORT ON RELIGIOUS EXEMPTIONS TO Ms. CORTEZ MASTO, Mr. LANKFORD, Ms.
ROSEN, Ms. WARREN, Mr. SCOTT of Flor- ‘‘(A) providing outreach service to Indian
COVID–19 VACCINE.—Not later than 90 days
ida, and Mrs. FEINSTEIN) submitted an Tribes in need; and
after the date of the enactment of the Allow-
‘‘(B) training and educating Tribal Vet-
ing Military Exemptions, Recognizing Indi- amendment intended to be proposed to
vidual Concerns About New Shots Act of erans Service Officers for Indian Tribes in
amendment SA 5499 submitted by Mr. need.
2022, the Secretary of Defense shall submit REED (for himself and Mr. INHOFE) and
to Congress a report on the number of reli- ‘‘§ 150403. Membership
gious exemptions submitted by members of intended to be proposed to the bill H.R. ‘‘Subject to section 150406, eligibility for
Armed Forces for the requirement that such 7900, to authorize appropriations for membership in the corporation, and the
members be vaccinated against COVID–19, fiscal year 2023 for military activities rights and privileges of members, shall be as
which shall include how many were approved of the Department of Defense, for mili- provided in the constitution and bylaws of
and how many denied, disaggregated by reli- tary construction, and for defense ac- the corporation.
gious denomination.’’; and tivities of the Department of Energy, ‘‘§ 150404. Board of directors
(5) in subsection (f), as redesignated by
to prescribe military personnel ‘‘Subject to section 150406, the board of di-
paragraph (3)— rectors of the corporation, and the respon-
(A) by redesignating paragraphs (1) and (2) strengths for such fiscal year, and for
other purposes; which was ordered to sibilities of the board, shall be as provided in
as paragraphs (2) and (3), respectively; the constitution and bylaws of the corpora-
(B) by inserting before paragraph (2) the lie on the table; as follows:
tion and in conformity with the laws under
following new paragraph: At the end of subtitle G of title X, add the which the corporation is incorporated.
‘‘(1) The term ‘adverse action’ includes dis- following:
‘‘§ 150405. Officers
charge, punishment, retaliation, disparate SEC. llll. RECOGNITION AS CORPORATION
treatment, a requirement to wear a mask, or AND GRANT OF FEDERAL CHARTER ‘‘Subject to section 150406, the officers of
a requirement to reside in substandard hous- FOR NATIONAL AMERICAN INDIAN the corporation, and the election of such of-
ing or endure substandard conditions.’’; and VETERANS, INCORPORATED. ficers, shall be as provided in the constitu-
(C) in paragraph (3), as redesignated by (a) IN GENERAL.—Part B of subtitle II of tion and bylaws of the corporation and in
subparagraph (A)— title 36, United States Code, is amended by conformity with the laws of the jurisdiction
(i) by striking ‘‘means a member’’ and in- inserting after chapter 1503 the following: under which the corporation is incorporated.
serting ‘‘means— ‘‘CHAPTER 1504—NATIONAL AMERICAN ‘‘§ 150406. Nondiscrimination
‘‘(A) a member’’; INDIAN VETERANS, INCORPORATED ‘‘In establishing the conditions of member-
(ii) in subparagraph (A), as designated by ‘‘Sec. ship in the corporation, and in determining
clause (i), by striking the period at the end ‘‘150401. Organization. the requirements for serving on the board of
and insert a semicolon; and ‘‘150402. Purposes. directors or as an officer of the corporation,
(iii) by adding at the end the following new ‘‘150403. Membership. the corporation may not discriminate on the
subparagraphs: ‘‘150404. Board of directors. basis of race, color, religion, sex, national or-
‘‘(B) an individual enrolled at a military ‘‘150405. Officers. igin, handicap, or age.
service academy; or ‘‘150406. Nondiscrimination.
‘‘150407. Powers. ‘‘§ 150407. Powers
‘‘(C) an individual enrolled in the Junior
‘‘150408. Exclusive right to name, seals, em- ‘‘The corporation shall have only those
Reserve Officers’ Training Corps (JROTC) or
blems, and badges. powers granted the corporation through its
Senior Reserve Officers’ Training Corps
‘‘150409. Restrictions. articles of incorporation, constitution, and
(SROTC) program.’’.
‘‘150410. Duty to maintain tax-exempt status. bylaws, which shall conform to the laws of
SA 5710. Ms. BALDWIN (for herself ‘‘150411. Records and inspection. the jurisdiction under which the corporation
‘‘150412. Service of process. is incorporated.
and Mr. GRASSLEY) submitted an ‘‘150413. Liability for acts of officers and
amendment intended to be proposed to ‘‘§ 150408. Exclusive right to name, seals, em-
agents. blems, and badges
amendment SA 5499 submitted by Mr. ‘‘150414. Failure to comply with require-
REED (for himself and Mr. INHOFE) and ‘‘(a) IN GENERAL.—The corporation shall
ments.
‘‘150415. Annual report. have the sole and exclusive right to use the
intended to be proposed to the bill H.R. names ‘National American Indian Veterans,
7900, to authorize appropriations for ‘‘§ 150401 Organization Incorporated’ and ‘National American Indian
fiscal year 2023 for military activities ‘‘The National American Indian Veterans, Veterans’, and such seals, emblems, and
of the Department of Defense, for mili- Incorporated, a nonprofit corporation orga- badges as the corporation may lawfully
tary construction, and for defense ac- nized in the United States (referred to in this adopt.
tivities of the Department of Energy, chapter the ‘corporation’), is a federally ‘‘(b) EFFECT.—Nothing in this section
to prescribe military personnel chartered corporation. interferes or conflicts with any established
strengths for such fiscal year, and for ‘‘§ 150402. Purposes or vested rights.
other purposes; which was ordered to ‘‘The purposes of the corporation are those ‘‘§ 150409. Restrictions
lie on the table; as follows: stated in the articles of incorporation, con- ‘‘(a) STOCK AND DIVIDENDS.—The corpora-
At the end of subtitle G of title X, add the stitution, and bylaws of the corporation, and tion may not—
ctelli on DSK11ZRN23PROD with SENATE
following: include a commitment— ‘‘(1) issue any shares of stock; or
SEC. 1077. REPORT ON FOREIGN OWNERSHIP OF ‘‘(1) to uphold and defend the Constitution ‘‘(2) declare or pay any dividends.
AGRICULTURAL LAND NEAR INSTAL- of the United States while respecting the ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.—
LATIONS OF THE DEPARTMENT OF sovereignty of the American Indian Nations; ‘‘(1) IN GENERAL.—The income or assets of
DEFENSE IN THE UNITED STATES. ‘‘(2) to unite under one body all American the corporation may not—
Not later than one year after the date of Indian veterans who served in the Armed ‘‘(A) inure to any person who is a member,
the enactment of this Act, the Secretary of Forces of United States; officer, or director of the corporation; or
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S5082 CONGRESSIONAL RECORD — SENATE September 27, 2022
‘‘(B) be distributed to any such person dur- (b) CLERICAL AMENDMENT.—The table of to support additional travel and workload to
ing the life of the charter granted by this chapters for subtitle II of title 36, United achieve an initial intent of expanded Jor-
chapter. States Code, is amended by inserting after danian engagement.
‘‘(2) EFFECT.—Nothing in this subsection the item relating to chapter 1503 the fol- (b) OFFSET.—Of the amount authorized to
prevents the payment of reasonable com- lowing: be appropriated under this Act for United
pensation to the officers of the corporation, States Navy, the amount available for the
or reimbursement for actual and necessary SA 5712. Mr. ROUNDS submitted an SHARKCAGE program (PE–0303140N) is here-
expenses, in amounts approved by the board amendment intended to be proposed to by reduced by $500,000.
of directors. amendment SA 5499 submitted by Mr.
‘‘(c) LOANS.—The corporation may not SA 5714. Mr. ROUNDS submitted an
REED (for himself and Mr. INHOFE) and amendment intended to be proposed to
make any loan to any officer, director, mem-
intended to be proposed to the bill H.R. amendment SA 5499 submitted by Mr.
ber, or employee of the corporation.
‘‘(d) NO FEDERAL ENDORSEMENT.—The cor- 7900, to authorize appropriations for REED (for himself and Mr. INHOFE) and
poration may not claim congressional ap- fiscal year 2023 for military activities intended to be proposed to the bill H.R.
proval or Federal Government authority by of the Department of Defense, for mili- 7900, to authorize appropriations for
virtue of the charter granted by this chapter tary construction, and for defense ac- fiscal year 2023 for military activities
for any of the activities of the corporation. tivities of the Department of Energy, of the Department of Defense, for mili-
‘‘§ 150410. Duty to maintain tax-exempt status to prescribe military personnel tary construction, and for defense ac-
‘‘The corporation shall maintain its status strengths for such fiscal year, and for tivities of the Department of Energy,
as an organization exempt from taxation other purposes; which was ordered to to prescribe military personnel
under the Internal Revenue Code of 1986. lie on the table; as follows: strengths for such fiscal year, and for
‘‘§ 150411. Records and inspection At the appropriate place in title II, insert other purposes; which was ordered to
‘‘(a) RECORDS.—The corporation shall the following: lie on the table; as follows:
keep— SEC. lll. ANNUAL REPORT ON UNFUNDED PRI- At the appropriate place in title X, insert
‘‘(1) correct and complete books and ORITIES OF UNDER SECRETARY OF
the following:
records of accounts; DEFENSE FOR RESEARCH AND ENGI-
NEERING. SEC. ll. REMOVAL OF REMAINS OF FORMER
‘‘(2) minutes of any proceeding of the cor- NAVY LIEUTENANT ANDREW J.
poration involving any of member of the cor- (a) ANNUAL REPORT.—Not later than 10 CHABROL FROM ARLINGTON NA-
poration, the board of directors, or any com- days after the date on which the budget of TIONAL CEMETERY.
mittee having authority under the board of the President for a fiscal year is submitted Not later than 180 days after the date of
directors; and to Congress pursuant to section 1105 of title the enactment of this Act, the Secretary of
‘‘(3) at the principal office of the corpora- 31, United States Code, the Under Secretary the Army, in consultation with the Sec-
tion, a record of the names and addresses of of Defense for Research and Engineering retary of Veterans Affairs, shall remove the
all members of the corporation having the shall submit to the Secretary of Defense, the remains of former Navy lieutenant Andrew
right to vote. Chairman of the Joint Chiefs of Staff, and J. Chabrol from Arlington National Ceme-
‘‘(b) INSPECTION.— the congressional defense committees a re- tery.
‘‘(1) IN GENERAL.—All books and records of port on the unfunded priorities of the De-
the corporation may be inspected by any partment of Defense-wide research, develop- SA 5715. Mr. ROUNDS submitted an
member having the right to vote, or by any ment, test, and evaluation activities. amendment intended to be proposed to
agent or attorney of such a member, for any (b) CONTENTS.—Each report submitted amendment SA 5499 submitted by Mr.
proper purpose, at any reasonable time. under subsection (a) shall specify, for each
REED (for himself and Mr. INHOFE) and
‘‘(2) EFFECT.—Nothing in this section con- unfunded priority covered by such report,
the following: intended to be proposed to the bill H.R.
travenes—
(1) A summary description of such priority, 7900, to authorize appropriations for
‘‘(A) the laws of the jurisdiction under
which the corporation is incorporated; or including the objectives to be achieved if fiscal year 2023 for military activities
‘‘(B) the laws of those jurisdictions within such priority is funded (whether in whole or of the Department of Defense, for mili-
the United States and its territories within in part). tary construction, and for defense ac-
which the corporation carries out activities (2) The additional amount of funds rec- tivities of the Department of Energy,
in furtherance of the purposes of the cor- ommended in connection with the objectives to prescribe military personnel
poration. under paragraph (1). strengths for such fiscal year, and for
‘‘§ 150412. Service of process (3) Account information with respect to
other purposes; which was ordered to
such priority, including the following (as ap-
‘‘With respect to service of process, the plicable): lie on the table; as follows:
corporation shall comply with the laws of— (A) Line Item Number (LIN) for applicable At the end of subtitle F of title V, add the
‘‘(1) the jurisdiction under which the cor- procurement accounts. following:
poration is incorporated; and (B) Program Element (PE) number for ap- SEC. 575. LEASE-TO-PURCHASE AGREEMENTS TO
‘‘(2) those jurisdictions within the United plicable research, development, test, and BE INCLUDED IN BONDED INDEBT-
States and its territories within which the EDNESS CALCULATION.
evaluation accounts.
corporation carries out activities in further- Section 7007(b)(3) of the Elementary and
(C) Sub-activity group (SAG) for applicable
ance of the purposes of the corporation. Secondary Education Act of 1965 (20 U.S.C.
operation and maintenance accounts.
‘‘§ 150413. Liability for acts of officers and 7707(b)(3)) is amended by adding at the end
agents the following:
SA 5713. Mr. ROUNDS submitted an
‘‘(F) LEASE PURCHASE AGREEMENTS.—With
‘‘The corporation shall be liable for the amendment intended to be proposed to respect to any local educational agency that
acts of the officers and agents of the corpora- amendment SA 5499 submitted by Mr. is eligible to receive funding under this sub-
tion acting within the scope of their author- REED (for himself and Mr. INHOFE) and section, the amount of debt incurred by the
ity. intended to be proposed to the bill H.R. local educational agency under a lease pur-
‘‘§ 150414. Failure to comply with require- 7900, to authorize appropriations for chase agreement shall be deemed to be bond-
ments ed debt for purposes of determining the local
fiscal year 2023 for military activities
‘‘If the corporation fails to comply with of the Department of Defense, for mili- educational agency’s bonded indebtedness
any of the requirements of this chapter, in- under this subsection.’’.
tary construction, and for defense ac-
cluding the requirement under section 150410
to maintain its status as an organization ex- tivities of the Department of Energy, SA 5716. Mr. SCOTT of Florida sub-
empt from taxation, the charter granted by to prescribe military personnel mitted an amendment intended to be
this chapter shall expire. strengths for such fiscal year, and for proposed to amendment SA 5499 sub-
‘‘§ 150415. Annual report other purposes; which was ordered to mitted by Mr. REED (for himself and
‘‘(a) IN GENERAL.—The corporation shall lie on the table; as follows: Mr. INHOFE) and intended to be pro-
submit to Congress an annual report describ- At the appropriate place in title XVI, in- posed to the bill H.R. 7900, to authorize
ing the activities of the corporation during sert the following: appropriations for fiscal year 2023 for
the preceding fiscal year. SEC. 16ll. ADDITIONAL AMOUNT FOR CYBER military activities of the Department
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‘‘(b) SUBMITTAL DATE.—Each annual report PARTNERSHIP ACTIVITIES.
of Defense, for military construction,
under this section shall be submitted at the (a) ADDITIONAL AMOUNT.—Of the amount
same time as the report of the audit of the authorized to be appropriated under this Act
and for defense activities of the De-
corporation required by section 10101(b). for United States Air Force, the amount partment of Energy, to prescribe mili-
‘‘(c) REPORT NOT PUBLIC DOCUMENT.—No available for cyber partnership activities tary personnel strengths for such fiscal
annual report under this section shall be (PE–0208059F) is hereby increased by $500,000, year, and for other purposes; which was
printed as a public document.’’. with the amount of such increase to be used ordered to lie on the table; as follows:
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5083
At the end of subtitle A of title XII, add (C) ‘‘[the Department of Homeland Secu- SA 5718. Mr. SCOTT of Florida sub-
the following: rity] encountered obstacles to screen, vet, mitted an amendment intended to be
SEC. 1214. RESTRICTION ON FEDERAL FUNDS IN and inspect all Afghan evacuees arriving as proposed to amendment SA 5499 sub-
GAZA. part of Operation Allies Refuge and Oper-
ation Allies Welcome’’;
mitted by Mr. REED (for himself and
(a) SHORT TITLE.—This section may be
cited as the ‘‘Stop Taxpayer Funding of (D) ‘‘U.S. Customs and Border Protection Mr. INHOFE) and intended to be pro-
Hamas Act’’. did not always have critical data to properly posed to the bill H.R. 7900, to authorize
(b) RESTRICTION ON DIRECT EXPENDITURES screen, vet, or inspect the evacuees’’; appropriations for fiscal year 2023 for
OF FEDERAL FUNDS IN GAZA.—No United (E) ‘‘some information used to vet evac- military activities of the Department
States Government funds may be obligated uees through U.S. Government databases, of Defense, for military construction,
or expended in the territory of Gaza until such as name, date of birth, identification and for defense activities of the De-
after the President certifies to the Com- number, and travel document data, was inac-
curate, incomplete, or missing’’; and
partment of Energy, to prescribe mili-
mittee on Foreign Relations of the Senate tary personnel strengths for such fiscal
and the Committee on Foreign Affairs of the (F) ‘‘[U.S. Customs and Border Protection]
House of Representatives that such funds admitted or paroled evacuees who were not year, and for other purposes; which was
can be expended without benefitting any or- fully vetted into the United States’’. ordered to lie on the table; as follows:
ganization or persons that is— (3) The Office of the Inspector General of At the end of title XII, add the following:
(1) a member of Hamas, Palestinian Is- the Department of Homeland Security at-
Subtitle G—Protecting Taiwan for Invasion
lamic Jihad, or any other organization des- tributed the Department of Homeland Secu-
rity’s challenges with respect to properly SEC. 1281. SHORT TITLE.
ignated by the Secretary of State as a for-
screening, vetting, and inspecting such evac- This subtitle may be cited as the ‘‘Taiwan
eign terrorist organization under section 219
uees to not having— Invasion Prevention Act’’.
of the Immigration and Nationality Act (8
U.S.C. 1189); or (A) a list of evacuees from Afghanistan CHAPTER 1—AUTHORIZATION FOR USE
(2) controlled or influenced by Hamas, Pal- who were unable to provide sufficient identi- OF UNITED STATES ARMED FORCES
estinian Islamic Jihad, or any such foreign fication documents; SEC. 1282. FINDINGS; SENSE OF CONGRESS.
terrorist organization. (B) a contingency plan to support similar
(a) FINDINGS.—Congress finds the fol-
(c) UNITED NATIONS ENTITIES.—No United emergency situations; and
lowing:
States Government funds may be obligated (C) standardized policies.
(1) Taiwan is a free and prosperous democ-
or expended in the territory of Gaza through (4) As a result of such deficiencies, the De-
racy of nearly 24,000,000 people and is an im-
any United Nations entity or office unless partment of Homeland Security may have
portant contributor to peace and stability
the President certifies to the congressional admitted or paroled individuals into the
around the world.
committees referred to in subsection (b) that United States who pose a risk to the na-
(2) Section 2(b) of the Taiwan Relations
such entity or office is not encouraging or tional security of the United States and to
Act (Public Law 96–8; 22 U.S.C. 3301(b)) states
teaching anti-Israel or anti-Semitic ideas or the safety of local communities.
(c) IDENTIFICATION AND RECURRENT VETTING that it is the policy of the United States—
propaganda. (A) ‘‘to preserve and promote extensive,
OF EVACUEES FROM AFGHANISTAN.—Not later
--- close, and friendly commercial, cultural, and
than 30 days after the date of the enactment
SA 5717. Mr. SCOTT of Florida sub- of this Act, the Commissioner of U.S. Cus- other relations between the people of the
mitted an amendment intended to be toms and Border Protection shall— United States and the people on Taiwan, as
proposed to amendment SA 5499 sub- (1) identify all evacuees from Afghanistan well as the people on the China mainland and
mitted by Mr. REED (for himself and who— all other peoples of the Western Pacific
Mr. INHOFE) and intended to be pro- (A) were paroled into the United States area’’;
during the period beginning on July 14, 2021, (B) ‘‘to declare that peace and stability in
posed to the bill H.R. 7900, to authorize
and ending on February 19, 2022, as part of the area are in the political, security, and
appropriations for fiscal year 2023 for economic interests of the United States, and
Operation Allies Refuge or Operation Allies
military activities of the Department are matters of international concern’’;
Welcome; and
of Defense, for military construction, (B) remain in the United States; (C) ‘‘to make clear that the United States
and for defense activities of the De- (2) for each such Afghan evacuee, conduct decision to establish diplomatic relations
partment of Energy, to prescribe mili- a full screening and vetting, including by with the People’s Republic of China rests
tary personnel strengths for such fiscal consulting all law enforcement and inter- upon the expectation that the future of Tai-
year, and for other purposes; which was national terrorist screening databases, based wan will be determined by peaceful means’’;
on the confirmed identity of the evacuee; (D) ‘‘to consider any effort to determine
ordered to lie on the table; as follows:
(3) prioritize the screening and vetting de- the future of Taiwan by other than peaceful
At the end of subtitle F of title XII, add means, including by boycotts or embargoes,
scribed in paragraph (2) for such evacuees
the following: a threat to the peace and security of the
who did not have documentation of their
SEC. 1276. AFGHAN VETTING ACCOUNTABILITY. Western Pacific area and of grave concern to
identity on arrival in the United States;
(a) SHORT TITLE.—This section may be (4) establish recurrent and periodic vetting the United States’’;
cited as the ‘‘Afghan Vetting Accountability processes for all such evacuees, including in- (E) ‘‘to provide Taiwan with arms of a de-
Act of 2022’’. person interviews, to the extent necessary; fensive character’’; and
(b) FINDINGS.—Congress makes the fol- (5) ensure that the vetting processes de- (F) ‘‘to maintain the capacity of the
lowing findings: scribed in paragraph (4) are carried out for United States to resist any resort to force or
(1) The Office of the Inspector General of each such evacuee for the duration of the au- other forms of coercion that would jeop-
the Department of Homeland Security con- thorized period of parole of the evacuee; and ardize the security, or the social or economic
ducted an audit, which included meetings (6) submit evidence to the Director of Na- system, of the people on Taiwan’’.
with more than 130 individuals from the De- tional Intelligence, the Secretary of Defense, (3) Since the election of President Tsai
partment of Homeland Security, to deter- the Secretary of State, the Secretary of Ing-wen as President of Taiwan in 2016, the
mine the extent to which the Department of Homeland Security, the Attorney General, Government of the People’s Republic of
Homeland Security screened, vetted, and in- and the head of each State and local law en- China has intensified its efforts to pressure
spected evacuees arriving as part of Oper- forcement agency with jurisdiction over a Taiwan through diplomatic isolation and
ation Allies Refuge and Operation Allies place where an Afghan evacuee resides that military provocations.
Welcome. the full screening and vetting described in (4) The rapid modernization of the People’s
(2) In the report resulting from such audit, paragraph (2) and the recurrent and periodic Liberation Army and recent military maneu-
‘‘DHS Encountered Obstacles to Screen, Vet, vetting processes described in paragraph (4) vers in and around the Taiwan Strait illus-
and Inspect All Evacuees during the Recent have been carried out. trate a clear threat to Taiwan’s security.
Afghanistan Crisis’’, which was issued on (d) REPORT.—Not later than 180 days after (b) SENSE OF CONGRESS.—It is the sense of
September 6, 2022, the Inspector General of the date of the enactment of this Act, the In- Congress that—
the Department of Homeland Security found spector General of the Department of Home- (1) both the United States and Taiwan have
that— land Security shall submit a report to the made significant strides since 1979 in bol-
(A) ‘‘[t]he United States welcomed more Committee on Homeland Security and Gov- stering their defense relationship;
than 79,000 Afghan evacuees between July ernmental Affairs of the Senate and the (2) the People’s Republic of China has dra-
2021 and January 2022, as part of [Operation Committee on Homeland Security of the matically increased the capability of its
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Allies Refuge and Operation Allies Wel- House of Representatives that includes— military forces since 1979;
come]’’; (1) the findings and results of the re- (3) the People’s Republic of China has in
(B) ‘‘[t]he President directed the Secretary screening and vetting required under sub- recent years increased the use of its military
of Homeland Security to lead the coordina- section (c); and forces to harass and provoke Taiwan with
tion across the Federal Government to reset- (2) the number of Afghan evacuees who the threat of overwhelming force; and
tle vulnerable Afghans arriving as part of were determined to be inadmissible to the (4) it is the policy of the United States to
[Operation Allies Welcome]’’; United States. consider any effort to determine the future
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S5084 CONGRESSIONAL RECORD — SENATE September 27, 2022
of Taiwan by anything other than peaceful SEC. 1285. UNITED STATES-TAIWAN BILATERAL that the United States would benefit from a
means, including by boycotts or embargoes, TRADE AGREEMENT. meeting in the United States between the
a threat to the peace and security of the Not later than 180 days after the date of President or the Secretary of State and the
Western Pacific area, and of grave concern to the enactment of this Act, the United States President of Taiwan.
the United States. Trade Representative should seek to enter SEC. 1289. SENSE OF CONGRESS REGARDING AD-
SEC. 1283. AUTHORIZATION FOR USE OF UNITED
into negotiations with representatives from DRESS TO JOINT SESSION OF CON-
STATES ARMED FORCES. Taiwan to establish a bilateral trade agree- GRESS BY PRESIDENT OF TAIWAN.
ment between the United States and Taiwan. It is the sense of Congress that it would be
(a) IN GENERAL.—The President is author-
SEC. 1286. UNITED STATES-TAIWAN COMBINED beneficial for the United States and Taiwan
ized to use the Armed Forces of the United
MILITARY EXERCISES AND RELATED to invite the President of Taiwan to address
States and take such other measures as the ACTIONS.
President determines to be necessary and ap- a joint session of Congress and subsequently
(a) COMBINED MILITARY EXERCISES.—The
propriate in order to secure and protect Tai- participate in a roundtable discussion with
Secretary of Defense, in coordination with
wan against— members of Congress.
the heads of other relevant Federal agencies,
(1) a direct armed attack by the military should seek to carry out a program of com-
forces of the People’s Republic of China SA 5719. Mr. COTTON submitted an
bined military exercises between the United
against the military forces of Taiwan; States, Taiwan, and, if feasible, other United amendment intended to be proposed to
(2) the taking of territory under the effec- States allies and partners to improve mili- amendment SA 5499 submitted by Mr.
tive jurisdiction of Taiwan by the military tary coordination and relations with Taiwan. REED (for himself and Mr. INHOFE) and
forces of the People’s Republic of China; or (b) COMBINED DISASTER RELIEF EXER- intended to be proposed to the bill H.R.
(3) the endangering of the lives of members CISES.—The Secretary of Defense, in coordi- 7900, to authorize appropriations for
of the military forces of Taiwan or civilians nation with the heads of other relevant Fed-
fiscal year 2023 for military activities
within the effective jurisdiction of Taiwan in eral agencies, should engage with their coun-
cases in which such members or civilians terparts in Taiwan to organize combined dis- of the Department of Defense, for mili-
have been killed or are in imminent danger aster and humanitarian relief exercises. tary construction, and for defense ac-
of being killed. (c) TAIWAN STRAIT TRANSITS, FREEDOM OF tivities of the Department of Energy,
(b) WAR POWERS RESOLUTION REQUIRE- NAVIGATION OPERATIONS, AND PRESENCE OP- to prescribe military personnel
MENTS.— ERATIONS.—The Secretary of Defense should strengths for such fiscal year, and for
(1) SPECIFIC STATUTORY AUTHORIZATION.— consider increasing transits through the Tai-
other purposes; which was ordered to
Consistent with section 8(a)(1) of the War wan Strait, freedom of navigation operations
in the Taiwan Strait, and presence oper- lie on the table; as follows:
Powers Resolution (50 U.S.C. 1547(a)(1)), Con-
gress declares that this section is intended ations in the Western Pacific by the United At the appropriate place in title X, insert
to constitute specific statutory authoriza- States Navy, including in conjunction with the following:
tion within the meaning of section 5(b) of the United States allies and partners. SEC. lll. INCREASE IN SPECIAL PENSION FOR
(d) SENSE OF CONGRESS.—It is the sense of MEDAL OF HONOR RECIPIENTS.
War Powers Resolution (50 U.S.C. 1544(b)).
Congress that Taiwan should dedicate addi- (a) IN GENERAL.—Section 1562(a)(1) of title
(2) APPLICABILITY OF OTHER REQUIRE-
tional domestic resources toward advancing 38, United States Code, is amended by strik-
MENTS.—Nothing in this subtitle may be con-
its military readiness for purposes of defend- ing ‘‘$1,388.68’’ and inserting ‘‘$3,500’’.
strued to supersede any requirement of the
ing Taiwan, including through— (b) EFFECTIVE DATE.—
War Powers Resolution (50 U.S.C. 1541 et
(1) steady increases in annual defense (1) IN GENERAL.—The amendment made by
seq.).
spending as a share of gross domestic prod- subsection (a) shall take effect on the date
(c) SENSE OF CONGRESS.—It is the sense of
uct; that is—
Congress that, at the earliest possible date
(2) procurements of defense technologies (A) except as provided in subparagraph (B),
after the date of the enactment of this Act,
that directly bolster Taiwan’s asymmetric 180 days after the date of the enactment of
the President should release a public dec-
defense capabilities; this Act; and
laration that it is the policy of the United
(3) reform of Taiwan’s military reserves, (B) in the case that the date that is 180
States to secure and protect Taiwan against
including increasing the length of training days after the date of the enactment of this
any action of the People’s Republic of China
required and number of days required in Act is not the first day of a month, the first
described in paragraph (1), (2), or (3) of sub-
service annually; day of the first month beginning after the
section (a).
(4) participation with United States Armed date that is 180 days after the date of the en-
(d) STATEMENT OF POLICY.—It is the policy
Forces in combined military exercises; and actment of this Act.
of the United States to demand that the Peo-
(5) further engagement with the United (2) DELAY OF ANNUAL COST-OF-LIVING AD-
ple’s Republic of China officially renounce
States on strengthening Taiwan’s cyber ca- JUSTMENT.—
the use or threat of military force in any at-
pabilities. (A) IN GENERAL.—The Secretary of Vet-
tempt to unify with Taiwan.
(e) AUTHORIZATION PERIOD.— SEC. 1287. SENSE OF CONGRESS REGARDING erans Affairs shall not make an increase pur-
UNITED STATES SUPPORT FOR DE- suant to section 1562(e) of such title effective
(1) IN GENERAL.—The authorization for use FENDING TAIWAN.
of the Armed Forces under this section shall December 1, 2022, if the amendment made by
It is the sense of Congress that— subsection (a) takes effect before such date.
expire on the date that is 5 years after the (1) given the security considerations posed
date of the enactment of this Act. (B) RESUMPTION.—In the case that the Sec-
by the People’s Republic of China, the Sec- retary, pursuant to subparagraph (A), does
(2) SENSE OF CONGRESS.—It is the sense of retary of State should accelerate the ap-
Congress that the authorization for use of not make an increase pursuant to section
proval of sales of defense articles and serv- 1562(e) of such title effective December 1,
the Armed Forces under this section should ices to Taiwan for purposes of defending Tai-
be reauthorized by a subsequent Act of Con- 2022, the Secretary shall resume making in-
wan; and creases pursuant to such section with the
gress. (2) the Secretary of Defense should offer first such increase effective December 1, 2023.
CHAPTER 2—OTHER MATTERS support to Taiwan by—
SEC. 1284. REGIONAL SECURITY DIALOGUE TO (A) continuing to send United States mili- SA 5720. Mr. COTTON submitted an
IMPROVE SECURITY RELATION- tary advisors to Taiwan for training pur- amendment intended to be proposed to
SHIPS IN THE WESTERN PACIFIC poses;
AREA. amendment SA 5499 submitted by Mr.
(B) encouraging members of the United
(a) IN GENERAL.—Not later than 180 days States Armed Forces to enroll in Taiwan’s REED (for himself and Mr. INHOFE) and
after the date of the enactment of this Act, National Defense University; intended to be proposed to the bill H.R.
the Secretary of Defense, in coordination (C) maintaining a significant United 7900, to authorize appropriations for
with the Secretary of State and the heads of States naval presence within a close prox- fiscal year 2023 for military activities
other relevant Federal agencies, as appro- imity to Taiwan; and of the Department of Defense, for mili-
priate, shall seek to convene, on an annual (D) reestablishing the Taiwan Patrol Force tary construction, and for defense ac-
basis, a regional security dialogue with the under the direction of the United States tivities of the Department of Energy,
Government of Taiwan and the governments Navy.
of like-minded security partners to improve to prescribe military personnel
SEC. 1288. HIGH-LEVEL VISITS.
the security relationships among the United (a) VISIT TO TAIWAN BY PRESIDENT OF THE
strengths for such fiscal year, and for
States and such countries in the Western Pa- UNITED STATES.—Not later than 1 year after other purposes; which was ordered to
cific area. the date of the enactment of this Act, the lie on the table; as follows:
ctelli on DSK11ZRN23PROD with SENATE
(b) MATTERS TO BE INCLUDED.—The re- President or the Secretary of State (if des- At the appropriate place, insert the fol-
gional security dialogue may consider mat- ignated by the President), with appropriate lowing:
ters relating to— interagency consultation and participation, SEC. lll. SENSE OF CONGRESS REGARDING
(1) coordinating lower-level military-to- should arrange a meeting in Taiwan with the HONORING THE LAST SURVIVING
military dialogue; and President of Taiwan. MEDAL OF HONOR RECIPIENT FOR
(2) planning for potential military con- (b) VISIT TO THE UNITED STATES BY PRESI- EACH MAJOR MILITARY CONFLICT.
frontation scenarios. DENT OF TAIWAN.—It is the sense of Congress It is the sense of Congress that—
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5085
(1) lying in honor in the rotunda of the (A) Recommendations restore unobligated standing of their ally’s view of the world;
Capitol represents the highest honor that uranium production, conversion and enrich- and
can be bestowed on a citizen of the United ment capabilities, including production of (4) exchange programs between foreign pol-
States upon their passing; high-enriched uranium— icy and national security staff from the
(2) recipients of the Medal of Honor have (i) to refurbish the nuclear weapons stock- United States Congress and the Australian
demonstrated valor and bravery in combat in pile of the United States over a period of not Parliament will further bind our nations to-
service to the United States above all rea- more than 30 years; gether.
sonable expectations of a citizen; (ii) to satisfy the annual requirements of (c) ESTABLISHMENT.—
(3) to honor the thousands of men and the United States for naval reactor fuel, in- (1) IN GENERAL.—The majority leader of the
women who answered their Nation’s call to cluding projections for satisfying fuel re- Senate, the minority leader of the Senate,
arms, the remains of the individual who was quirements for all submarines developed the Speaker of the House of Representatives,
the last surviving recipient of the Medal of using reactor designs and technology of the and the minority leader of the House of Rep-
Honor for acts performed during each major United States; and resentatives, working through a designated
military conflict should be permitted to lie (iii) to satisfy the annual requirements of nonprofit, such as a think tank, a founda-
in honor in the rotunda of the Capitol on the United States for defense nuclear power tion, or another suitable organization con-
such date as is determined appropriate by— reactors. tracted by the Department of Defense com-
(A) the next of kin of such individual; (B) Recommendations to improve the pro- petitive award process, shall work with ap-
(B) the Speaker of the House of Represent- duction capacity of unobligated low-enriched propriate leaders of the Australian Par-
atives; uranium needed to satisfy annual tritium liament to establish the Australia-United
(C) the minority leader of the House of production requirements for the nuclear States Legislative Exchange Program (re-
Representatives; weapons stockpile of the United States and ferred to in this section as the ‘‘Program’’).
(D) the majority leader of the Senate; associated research and development objec- (2) PURPOSE.—The purpose of the Program
(E) the minority leader of the Senate; and tives. shall be to coordinate annual 1 to 2 week leg-
(F) the President pro tempore of the Sen- (C) Such other recommendations and infor- islative exchanges between United States
ate; and mation as the Secretary of Defense or the congressional staff and Australian par-
(4) the Architect of the Capitol should take Administrator for Nuclear Security consider liamentary staff that focus on foreign policy,
all necessary steps for the accomplishment appropriate. national security, and other issues of mutual
of that purpose. interest between both countries.
(3) SELECTION OF STAFF.—
SA 5721. Mr. COTTON submitted an SA 5722. Mr. COTTON (for himself, (A) CONGRESSIONAL STAFF.—In carrying out
amendment intended to be proposed to Mr. COONS, and Mr. BLUNT) submitted the Program, the congressional leaders re-
amendment SA 5499 submitted by Mr. an amendment intended to be proposed ferred to in paragraph (1), in consultation
REED (for himself and Mr. INHOFE) and to amendment SA 5499 submitted by with the head of the nonprofit designated
intended to be proposed to the bill H.R. Mr. REED (for himself and Mr. INHOFE) pursuant to paragraph (1), shall jointly se-
and intended to be proposed to the bill lect a bipartisan, bicameral group of con-
7900, to authorize appropriations for gressional staff for each exchange described
fiscal year 2023 for military activities H.R. 7900, to authorize appropriations
in paragraph (2).
of the Department of Defense, for mili- for fiscal year 2023 for military activi-
(B) PARLIAMENTARY STAFF.—It is the sense
tary construction, and for defense ac- ties of the Department of Defense, for of Congress that leaders in the Australian
tivities of the Department of Energy, military construction, and for defense Parliament will select a politically balanced
to prescribe military personnel activities of the Department of Energy, group of Australian parliamentary staff who
strengths for such fiscal year, and for to prescribe military personnel will participate in each exchange described
other purposes; which was ordered to strengths for such fiscal year, and for in paragraph (2).
lie on the table; as follows: other purposes; which was ordered to (4) VENUES.—The exchanges described in
paragraph (2) shall take place primarily in
At the end of subtitle B of title XXXI, add lie on the table; as follows:
Washington, D.C. and Canberra, Australia,
the following: At the end of subtitle A of title XII, add but may include opportunities for staff—
SEC. 3118. PLAN TO ACCELERATE RESTORATION the following: (A) to engage in cultural immersion activi-
OF DOMESTIC URANIUM ENRICH-
SEC. 1214. AUSTRALIA-UNITED STATES LEGISLA- ties; and
MENT.
TIVE EXCHANGE PROGRAM. (B) to tour other key regions in each coun-
(a) SENSE OF CONGRESS.—It is the sense of
(a) FINDINGS.—Congress finds the fol- try in accordance with the purposes of the
Congress that—
(1) the United States is engaged in a period lowing: Program.
of intense strategic competition with 2 peer (1) The Indo-Pacific region is among the (5) PROGRAM ACTIVITIES.—Program partici-
adversaries, each of which aims to develop fastest-growing regions of the world and is pants, while visiting the partner country,
nuclear forces superior to the nuclear forces the most important region for United States shall—
of the United States and its allies in the interests. (A) meet with senior executive branch and
North Atlantic Treaty Organization; (2) The strategic challenges emerging from legislative branch officials, think tank
(2) successfully deterring the aims of such the Indo-Pacific region require collaboration scholars, and nonprofit advocacy groups; and
adversaries and preserving the national secu- and cooperative solutions between the (B) participate in specially-designed
rity of the United States and the security of United States and its allies and partners. courses covering the politics and foreign pol-
its allies requires that the United States (3) Australia has been one of the United icy issues in such country with the intent to
maintain a capable, credible nuclear force, States’ closest allies for well over 100 years. foster a deeper understanding of the political
including the capability to produce the ma- This ‘‘Mateship’’ began with the visit of the environment in which their counterparts op-
terials needed to manufacture nuclear weap- American Great White Fleet to Sydney Har- erate.
ons and provide reliable sources of energy for bor in 1908. The United States-Australia (6) CONSULTATION.—In managing the Pro-
naval vessels and military facilities; and bond was soon sealed as troops from both gram on behalf of the congressional leaders
(3) a key component to achieving those countries fought and died together in World referred to in paragraph (1), the head of the
goals is the restoration of the domestic ura- War I. nonprofit designated pursuant to paragraph
nium enrichment capability of the United (4) Since World War I, Australians and (1) shall consult with, and accepting guid-
States, a component that will allow the Americans— ance from, senior staff of the Committee on
United States to make significant strides to- (A) have supported each other in every Armed Services of the Senate, the Com-
ward improved energy independence by re- major military conflict in which the United mittee on Foreign Relations of the Senate,
ducing reliance on international sources of States was involved; and the Committee on Armed Services of the
enriched uranium and opening up tremen- (B) have mutually supported each another House of Representatives, and the Com-
dous opportunities for improving the com- in intelligence-sharing. mittee on Foreign Affairs of the House of
petitiveness of the United States in the (b) SENSE OF CONGRESS.—It is the sense of Representatives.
international energy economy. Congress that— (7) ALUMNI NETWORK.—The head of the non-
(b) PLAN.— (1) the United States must continue to profit designated pursuant to paragraph (1)
(1) IN GENERAL.—Not later than June 1, build and maintain strong relationships with shall establish an alumni network program,
2023, the Secretary of Defense, in coordina- allies and partners in the Indo-Pacific region in cooperation with a representative of the
tion with the Administrator for Nuclear Se- to successfully protect its vital interests and Australian Parliament, that brings together
ctelli on DSK11ZRN23PROD with SENATE
curity, shall submit to the congressional de- to ensure a free and open Indo-Pacific region; past alumni of the program for special
fense committees a plan to restore the do- (2) the Australia-United States relation- events or programs that provide for further
mestic uranium enrichment capability of the ship will continue to be vital throughout the exchanges and lasting relationships between
United States by not later than 2035. 21st century and beyond; policymakers and leaders in both countries.
(2) ELEMENTS.—The plan required by para- (3) as the Australia-United States alliance
graph (1) shall include the following ele- evolves, it is necessary that emerging lead- SA 5723. Mr. COTTON submitted an
ments: ers in both countries develop a deeper under- amendment intended to be proposed to
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S5086 CONGRESSIONAL RECORD — SENATE September 27, 2022
amendment SA 5499 submitted by Mr. SEC. ll. STANDARDIZATION OF SECTIONAL tification to the congressional defense com-
BARGE CONSTRUCTION FOR DE- mittees not later than 48 hours after exer-
REED (for himself and Mr. INHOFE) and PARTMENT OF DEFENSE USE ON
intended to be proposed to the bill H.R. cising the waiver authority under subpara-
RIVERS AND INTERCOASTAL WATER-
WAYS. graph (A), including a justification for the
7900, to authorize appropriations for waiver and an assessment of the vetting pro-
fiscal year 2023 for military activities The Secretary of Defense shall ensure that
any sectional barge used by the Department cedures of a country, if appropriate.’’.
of the Department of Defense, for mili- (b) TYPE OF ACCESS COVERED.—Subsections
of Defense—
tary construction, and for defense ac- (a) through (c) of such section 1090 are fur-
(1) is built to a design that has been re-
tivities of the Department of Energy, ther amended by striking ‘‘physical access’’
viewed and approved, to the extent possible,
each place it appears and inserting
to prescribe military personnel by the American Bureau of Shipping, for the ‘‘unescorted physical access’’.
strengths for such fiscal year, and for intended barge service, and using the rule set (c) DEFINITIONS.—
other purposes; which was ordered to of the American Bureau of Shipping for (1) COVERED INDIVIDUAL.—Subsection (e)(2)
lie on the table; as follows: building and classing steel vessels for service of such section is amended to read as follows:
on rivers and intercoastal waterways; and ‘‘(2) The term ‘covered individual’—
At the appropriate place, insert the fol- (2) has a deck design that provides for a ‘‘(A) except as provided in subparagraph
lowing: minimum concentrated load capacity of (B), means a foreign national or other appro-
10,000 pounds per square foot. priate person who is—
SEC. lllll. CERTIFICATIONS RELATED TO
FOREIGN FUNDING OF CERTAIN ‘‘(i) seeking unescorted physical access to
TAX-EXEMPT RESEARCH AND ADVO-
SA 5725. Mr. SCOTT of Florida sub- a Department of Defense installation or fa-
CACY ORGANIZATIONS. mitted an amendment intended to be cility within the United States; and
proposed to amendment SA 5499 sub- ‘‘(ii)(I) selected, nominated, or accepted for
(a) IN GENERAL.—Section 501 of the Inter-
mitted by Mr. REED (for himself and training or education for a period of more
nal Revenue Code of 1986 is amended by add-
ing at the end the following new subsection: Mr. INHOFE) and intended to be pro- than 14 days occurring on a Department of
posed to the bill H.R. 7900, to authorize Defense installation or facility within the
‘‘(s) ADDITIONAL CERTIFICATION REQUIRE- appropriations for fiscal year 2023 for United States; or
MENTS FOR CERTAIN RESEARCH AND ADVOCACY ‘‘(II) an immediate family member accom-
military activities of the Department
ORGANIZATIONS.— panying a foreign national or other appro-
‘‘(1) IN GENERAL.—An applicable research of Defense, for military construction,
priate person who has been so selected, nom-
and advocacy organization shall be exempt and for defense activities of the De- inated, or accepted for such training or edu-
from tax under subsection (a) only if such or- partment of Energy, to prescribe mili- cation; and
ganization submits an annual certification tary personnel strengths for such fiscal ‘‘(B) does not include a foreign national or
verifying that such organization has not ac- year, and for other purposes; which was other appropriate person of Australia, Can-
cepted any contributions or other funding ordered to lie on the table; as follows: ada, New Zealand, or the United Kingdom
from entities that are owned by, controlled At the end of subtitle G of title X, add the who holds a security clearance issued by the
by, or subject to the jurisdiction or direction following: country of the foreign national and has pro-
of a government of a foreign country that is SEC. 1077. VETTING PROCEDURES AND MONI- vided the Department of Defense a certifi-
a covered nation (as defined in section 4872(d) TORING REQUIREMENTS FOR AL- cation of such clearance.’’.
of title 10, United States Code). LIES AND PARTNERS PARTICI- (2) IMMEDIATE FAMILY MEMBER.—Subsection
‘‘(2) APPLICABLE RESEARCH AND ADVOCACY PATING IN EDUCATION OR TRAIN- (e)(4) of such section is amended—
ORGANIZATION.—For purposes of this sub- ING ACTIVITIES IN THE UNITED (A) by striking ‘‘means the parent’’ and in-
section, the term ‘applicable research and STATES.
serting the following: ‘‘means a person who—
advocacy organization’ means any of the fol- (a) WAIVER BY SECRETARY OF DEFENSE.—
‘‘(A) is the parent’’;
lowing: Subsection (a) of section 1090 of the William
(B) in subparagraph (A), as designated by
‘‘(A) An organization described in sub- M. (Mac) Thornberry National Defense Au-
subparagraph (A) of this paragraph, by strik-
section (c)(3)— thorization Act for Fiscal Year 2021 (Public
ing the period and inserting ‘‘; and’’; and
‘‘(i) which is organized or operated exclu- Law 116–283; 10 U.S.C. 113 note) is amended
(C) by adding at the end the following new
sively for— by adding at the end the following new para-
subparagraph:
‘‘(I) research and educational purposes on graph:
‘‘(B) has attained the age of 16 years old at
matters of public policy or political strat- ‘‘(5) WAIVER.—
the time that unescorted physical access is
egy, or ‘‘(A) IN GENERAL.—The Secretary of De-
to begin.’’.
‘‘(II) engaging in advocacy on matters of fense may, with the concurrence of the Sec-
(3) FOREIGN NATIONAL; OTHER APPROPRIATE
public policy or political strategy, retary of State, and without delegation,
PERSON.—Section 1090(e) of such Act is
‘‘(ii) the research, educational, and advo- waive the requirement to vet covered indi-
amended by adding at the end the following
cacy material of which is available to the viduals under this section—
new paragraphs:
general public, and ‘‘(i) on a person-by-person basis, if the Sec-
‘‘(5) The term ‘foreign national’ means a
‘‘(iii) which is not an institution of higher retary of Defense determines that the waiver
person who is not a citizen or national of the
education (as defined in section 1001 of the is in the national security interests of the
United States or an alien lawfully admitted
Higher Education Act of 1965 (20 U.S.C. United States; or
for permanent residence in the United States
1001(a))). ‘‘(ii) on a country-by-country basis, with
under the Immigration and Nationality Act
‘‘(B) An organization described in sub- respect to foreign nationals or other appro-
(8 U.S.C. 1101 et seq.).
section (c)(4) which is affiliated with an or- priate persons who hold a security clearance
‘‘(6) The term ‘other appropriate person’
ganization described in subparagraph (A).’’. issued by that country, if the Secretary of
means a person who is a citizen of both the
Defense determines that the vetting proce-
(b) EFFECTIVE DATE.—The amendment United States and another country or who is
dures of the country are functionally equiva-
made by this section shall apply to taxable an alien lawfully admitted for permanent
lent to the vetting procedures of the United
years beginning after the date of the enact- residence in the United States, if such person
States for United States military personnel.
ment of this Act. intends to attend training or education on
‘‘(B) FUNCTIONAL EQUIVALENCE.—
behalf of a foreign country.’’.
‘‘(i) DEFINITION.—The Secretary of Defense, (d) CLARIFYING AMENDMENT.—Such section
in coordination with the Under Secretary of is further amended by striking ‘‘Secretary’’
SA 5724. Mr. SCOTT of Florida sub- Defense for Intelligence and Security and in
mitted an amendment intended to be each place it appears and inserting ‘‘Sec-
consultation, as appropriate, with the Sec- retary of Defense’’ in the following provi-
proposed to amendment SA 5499 sub- retary of State, shall establish and submit to sions:
mitted by Mr. REED (for himself and the congressional defense committees a defi- (1) Paragraphs (2), (3), and (4) of subsection
Mr. INHOFE) and intended to be pro- nition of functional equivalence for purposes (a).
posed to the bill H.R. 7900, to authorize of making a determination under subpara- (2) Paragraph (1) of subsection (b) in the
appropriations for fiscal year 2023 for graph (A)(ii). matter preceding subparagraph (A).
‘‘(ii) ASSESSMENT.—The Secretary of De-
military activities of the Department fense shall conduct an assessment of the vet- SA 5726. Mr. SCOTT of Florida sub-
of Defense, for military construction, ting procedures of a country prior to making mitted an amendment intended to be
and for defense activities of the De- a determination of functional equivalence proposed to amendment SA 5499 sub-
ctelli on DSK11ZRN23PROD with SENATE
partment of Energy, to prescribe mili- under subparagraph (A)(ii). Such assessment mitted by Mr. REED (for himself and
tary personnel strengths for such fiscal shall take into consideration any informa-
Mr. INHOFE) and intended to be pro-
year, and for other purposes; which was tion about such procedures provided to the
Secretary of Defense by the Secretary of posed to the bill H.R. 7900, to authorize
ordered to lie on the table; as follows: appropriations for fiscal year 2023 for
State.
At the appropriate place in title X, insert ‘‘(C) NOTIFICATION REQUIREMENT.—The Sec- military activities of the Department
the following: retary of Defense shall submit a written no- of Defense, for military construction,
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5087
and for defense activities of the De- Subtitle G—Sanctions With Respect to paragraph (1) or is otherwise a successor to
partment of Energy, to prescribe mili- Chinese Communist Party such an entity; and
tary personnel strengths for such fiscal SEC. 1281. SHORT TITLE. (4) any entity that provides financial serv-
This subtitle may be cited as the ‘‘Sanc- ices for an entity described in paragraph (1),
year, and for other purposes; which was (2), or (3).
ordered to lie on the table; as follows: tion Transactions Originating from Per-
nicious Chinese Companies and Policies Act SEC. 1285. CLOSING SANCTIONS LOOPHOLES.
At the end of subtitle D of title XII, add of 2022’’ or the ‘‘STOP CCP Act of 2022’’. (a) IN GENERAL.—If sanctions are imposed
the following: with respect to a Chinese entity under any
SEC. 1282. DEFINITIONS.
statute or executive order described in sub-
SEC. 1254. ANNUAL REPORT ON UNITED STATES In this subtitle: section (b), sanctions shall be imposed with
PORTFOLIO INVESTMENTS IN THE (1) CHINESE ENTITY.—The term ‘‘Chinese
PEOPLE’S REPUBLIC OF CHINA.
respect to the Chinese entity under each
entity’’ means an entity organized under the other applicable statute and executive order
(a) IN GENERAL.—Not later than one year laws of the People’s Republic of China or described in subsection (b) unless—
after the date of the enactment of this Act, otherwise subject to the jurisdiction of the (1) the President waives the imposition of
and annually thereafter, the Secretary of the Government of the People’s Republic of such sanctions; or
Treasury shall submit to Congress a report China. (2) a waiver provided for under such other
on portfolio investments by United States (2) PUBLICLY TRADED SECURITIES.—The statute or executive order applies.
persons in the People’s Republic of China, in- term ‘‘publicly traded securities’’ includes— (b) STATUTES AND EXECUTIVE ORDERS DE-
cluding such investments routed through a (A) any security (as defined in section 3(a) SCRIBED.—A statute or executive order de-
jurisdiction outside the United States. of the Securities Exchange Act of 1934 (15 scribed in this subsection is a statute or ex-
(b) ELEMENTS.—Each report required by U.S.C. 78c(a))) denominated in any currency ecutive order that provides for the imposi-
subsection (a) shall include an assessment of that trades on a securities exchange, or tion of sanctions.
through the method of trading that is com- (c) NATIONAL SECURITY WAIVER.—
the involvement of the following in portfolio
monly referred to as ‘‘over-the-counter’’, in (1) IN GENERAL.—The President may waive
investments in the People’s Republic of
any jurisdiction; and the application of any sanction imposed with
China:
(B) any security that is derivative of or de- respect to any person under subsection (a) if
(1) United States persons making such in-
signed to provide investment exposure to a the President determines and certifies to
vestments, including an assessment of—
security described in subparagraph (A). Congress that such a waiver is important to
(A) the types of United States persons
(3) UNITED STATES PERSON.—The term the national security interests of the United
making such investments, including State States.
pension funds; and ‘‘United States person’’ means—
(A) an individual who is a United States (2) NOTIFICATION OF AND REPORT TO CON-
(B) United States persons making more GRESS.—If the President decides to exercise
than 2 percent of the total of such invest- citizen or an alien lawfully admitted for per-
manent residence to the United States; the waiver authority provided under para-
ments in a year. graph (1), the President shall, not less than
(2) Chinese entities receiving such invest- (B) an entity organized under the laws of
the United States or any jurisdiction within 20 days before the waiver takes effect, sub-
ments, including an assessment of— mit to Congress a report—
(A) such entities in individual sectors of the United States, including a foreign branch
of such an entity; or (A) notifying Congress of the decision to
the economic of the People’s Republic of exercise the waiver authority; and
China, including the housing sector; (C) any person in the United States.
SEC. 1283. PROHIBITION ON SECURITIES INVEST- (B) fully articulating the rationale and cir-
(B) any Chinese entities subject to sanc- cumstances that led to the decision.
MENTS THAT FINANCE CERTAIN
tions imposed by the United States receiving COMPANIES OF THE PEOPLE’S RE- (d) TERMINATION OF SANCTIONS TO BE RE-
such investments; and PUBLIC OF CHINA. PORTED TO CONGRESS.—Not later than 20 days
(C) Chinese entities that receive more than The following activities by a United States after the termination of any sanction under
$100,000,000 from such investments. person are prohibited: subsection (a), the President shall promptly
(c) PERIOD COVERED.—The period covered (1) The purchase or sale of any publicly submit to Congress a report on that termi-
by a report required by subsection (a) shall traded securities, or any publicly traded se- nation and the reasons for the termination.
be— curities that are derivative of such securities
(1) in the case of the first such report, the or are designed to provide investment expo-
SA 5728. Mr. SCOTT of Florida sub-
period beginning on January 1, 2008, and end- sure to such securities, issued by any person mitted an amendment intended to be
ing on the date of the report; and determined by the Secretary of the Treas- proposed to amendment SA 5499 sub-
(2) in the case of each subsequent such re- ury, in consultation with the Secretary of mitted by Mr. REED (for himself and
port, the one-year period preceding submis- State, and, as the Secretary of the Treasury Mr. INHOFE) and intended to be pro-
sion of the report. deems appropriate, the Secretary of De- posed to the bill H.R. 7900, to authorize
(d) DEFINITIONS.—In this section: fense— appropriations for fiscal year 2023 for
(1) CHINESE ENTITY.—The term ‘‘Chinese (A) to operate or have operated in the de- military activities of the Department
entity’’ means an entity organized under the fense and related materiel sector or the sur- of Defense, for military construction,
laws of the People’s Republic of China or veillance technology sector of the economy and for defense activities of the De-
otherwise subject to the jurisdiction of the of the People’s Republic of China; or
(B) to own or control, or to be owned or
partment of Energy, to prescribe mili-
Government of the People’s Republic of
controlled by, directly or indirectly, a person tary personnel strengths for such fiscal
China.
(2) UNITED STATES PERSON.—The term described in subparagraph (A). year, and for other purposes; which was
‘‘United States person’’ means— (2) The execution, support, or servicing of ordered to lie on the table; as follows:
(A) a United States citizen or an alien law- a purchase or sale described in paragraph (1). At the appropriate place, insert the fol-
fully admitted for permanent residence to (3) Any transaction that evades or avoids, lowing:
the United States; or has the purpose of evading or avoiding, SEC. lllll. SEC REPORTING.
(B) an entity organized under the laws of causes a violation of, or attempts to violate The Securities and Exchange Commission,
the United States or any jurisdiction within the prohibition under paragraph (1). as part of its evaluation of potential guid-
the United States, including a foreign branch (4) Any conspiracy formed to violate the ance on reporting on environmental, social,
of such an entity. prohibition under paragraph (1). and governance matters by publicly traded
SEC. 1284. EXPANSION OF NON-SPECIALLY DES- companies, shall require reporting of—
IGNATED NATIONALS CHINESE MILI- (1) sourcing and due diligence activities of
SA 5727. Mr. SCOTT of Florida sub- TARY-INDUSTRIAL COMPLEX COM- such companies involving supply chains of
mitted an amendment intended to be PANIES LIST. products that are imported into the United
proposed to amendment SA 5499 sub- Not later than 180 days after the date of States that are directly linked to products
mitted by Mr. REED (for himself and the enactment of this Act, the Secretary of utilizing forced labor from Xinjiang, China;
Mr. INHOFE) and intended to be pro- the Treasury shall prescribe regulations to (2) transactions with companies that have
expand the Non-Specially Designated Na- been—
posed to the bill H.R. 7900, to authorize
tionals Chinese Military-Industrial Complex (A) placed on the Entity List by the De-
appropriations for fiscal year 2023 for Companies List (commonly referred to as the partment of Commerce; or
military activities of the Department ‘‘NS–CMIC List’’) of the Office of Foreign As- (B) designated by the Department of the
of Defense, for military construction, sets Control to include— Treasury as Chinese Military-Industrial
ctelli on DSK11ZRN23PROD with SENATE
and for defense activities of the De- (1) any entity engaged in supporting the Complex Companies; and
partment of Energy, to prescribe mili- Chinese military-industrial complex; (3) with respect to publicly traded United
tary personnel strengths for such fiscal (2) any entity that is owned or controlled States companies with facilities in China, on
year, and for other purposes; which was by an entity described in paragraph (1); an annual basis—
(3) any entity that is formed from a spin- (A) whether there is a Chinese Communist
ordered to lie on the table; as follows:
off, merger or acquisition, or sale of a busi- Party committee in the operations of the
At the end of title XII, add the following: ness unit involving an entity described in company; and
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S5088 CONGRESSIONAL RECORD — SENATE September 27, 2022
(B) a summary of the actions and cor- tary construction, and for defense ac- fiscal year 2023 for military activities
porate decisions in which any committee de- tivities of the Department of Energy, of the Department of Defense, for mili-
scribed in subparagraph (A) may have par- to prescribe military personnel tary construction, and for defense ac-
ticipated.
strengths for such fiscal year, and for tivities of the Department of Energy,
SA 5729. Mr. BLUNT submitted an other purposes; which was ordered to to prescribe military personnel
amendment intended to be proposed to lie on the table; as follows: strengths for such fiscal year, and for
amendment SA 5499 submitted by Mr. At the end of subtitle G of title V, add the other purposes; which was ordered to
REED (for himself and Mr. INHOFE) and following: lie on the table; as follows:
intended to be proposed to the bill H.R. SEC. 575. ENHANCED INFORMATION RELATED TO At the end of subtitle E of title I, add the
AWARDING OF THE PURPLE HEART. following:
7900, to authorize appropriations for
(a) PUBLICATION OF AWARD CRITERIA.—Not SEC. 155. SENSE OF THE SENATE ON USE OF
fiscal year 2023 for military activities later than 180 days after the date of the en- TOTAL COST OF OWNERSHIP MODEL
of the Department of Defense, for mili- actment of this Act, each military service FOR PROCUREMENT OF NONTAC-
tary construction, and for defense ac- shall ensure that a publicly available TICAL VEHICLES.
tivities of the Department of Energy, website includes a link to— (a) FINDINGS.—Congress finds the fol-
to prescribe military personnel (1) a description of the background of the lowing:
strengths for such fiscal year, and for Purple Heart; (1) It is financially prudent for the Depart-
other purposes; which was ordered to (2) the eligibility criteria for awarding the ment of Defense to procure cost-effective
Purple Heart; and zero-emission vehicles by considering the
lie on the table; as follows:
(3) contact information for that service’s total cost of ownership (referred to in this
At the end of subtitle F of title III, add the awards and decorations branch liaison to fa- section as ‘‘TCO’’) of such vehicles.
following: cilitate confirmation by a veteran or a vet- (2) A TCO procurement model would ac-
SEC. 389. REVIEW BY DEPARTMENT OF THE ARMY eran’s next of kin whether a veteran has count for operating costs of vehicles, includ-
OF EXECUTION OF FOOD SERVICE
CONTRACTS.
been awarded the Purple Heart after Decem- ing fuel, maintenance, and public health sav-
ber 31, 2002. ings.
(a) REVIEW REQUIRED.—
(b) REPORT.—Not later than one year after (3) Use of a TCO procurement model by the
(1) IN GENERAL.—The Secretary of the
the date of the enactment of this Act, the Department of Defense in the procurement of
Army shall conduct a review of the practices
chief of each military service shall submit to nontactical vehicles would maximize cost
of the Mission and Installation Contracting
the congressional defense committees a re- savings and bolster energy and national se-
Command of the Army in executing existing
port on implementation of the requirements curity.
food service contracts.
under subsection (a). The report shall— (b) SENSE OF THE SENATE.—It is the sense
(2) ELEMENTS.—The review required by
(1) provide background on the publicly ac- of the Senate that—
paragraph (1) shall examine the following:
cessible website described under subsection (1) the Department of Defense should cal-
(A) Whether current food service contract
(a); culate and consider the TCO when procuring
payment practices of the Mission and Instal-
(2) include the number of requests received a nontactical vehicle; and
lation Contracting Command are consistent
by the service related to confirming the (2) the Department of Defense, when con-
with the contractual obligations and policy
award of a Purple Heart; ducting any action with the Government
of such command, including—
(3) describe the average response time for Services Administration relating to the pro-
(i) delaying or withholding scheduled con-
confirming the award of a Purple Heart in curement or requisition of a nontactical ve-
tractor payment;
response to an inquiry from a veteran or hicle, should—
(ii) making pre-payment deductions from
next of kin; and (A) work with the Department of Energy to
contractor payment;
(4) include recommendations for decreasing develop a TCO procurement model that uses
(iii) reducing contract payment price if the
the amount of time taken to respond to such State-wide, regional, and inventory variables
number of alleged performance defects is
inquiries. to estimate the cost of converting the non-
within the acceptable quality level stated in
the contract; and tactical vehicle fleet of the Department of
SA 5731. Mr. SCHUMER submitted an Defense to zero-emission vehicles;
(iv) reducing contractor payment based
upon deficiencies without informing the con- amendment intended to be proposed to (B) submit to Congress a report summa-
tractor of such deficiencies. amendment SA 5499 submitted by Mr. rizing such procurement or requisition that,
(B) Whether current inspection practices REED (for himself and Mr. INHOFE) and at a minimum, identifies—
are consistent with the contractual obliga- intended to be proposed to the bill H.R. (i) types of vehicles by—
(I) size; and
tions and policy of such command, includ- 7900, to authorize appropriations for
ing— (II) fuel source; and
fiscal year 2023 for military activities (ii) the total estimated cost savings and
(i) prohibiting a contractor or their rep- of the Department of Defense, for mili-
resentative from accompanying inspectors; avoided emissions that result or would have
tary construction, and for defense ac- resulted from the purchase or lease of a zero-
and
(ii) refusing to provide to a contractor cop- tivities of the Department of Energy, emission vehicle instead of an internal com-
ies of inspection reports or results of an in- to prescribe military personnel bustion engine vehicle;
spection. strengths for such fiscal year, and for (C) incorporate the TCO procurement
(C) The percentage of deductions identified other purposes; which was ordered to model developed under subparagraph (A) into
any such procurement or requisition action;
in the inspection process relating to food lie on the table; as follows:
service contracts that are a direct result of and
At the end of subtitle G of title X, add the (D) authorize any exemptions from use of
the failure by the Department of the Army following:
to replace or repair food service-related the TCO procurement model developed under
SEC. 1077. AUTHORIZATION OF APPROPRIATIONS subparagraph (A) as the Secretary of Defense
equipment. FOR THE NATIONAL MARITIME HER-
(D) At which installations of the Army the considers appropriate, including by—
ITAGE GRANTS PROGRAM.
practices specified in clauses (i) through (iv) (i) authorizing exemptions for certain cat-
Section 308703 of title 54, United States egories of vehicles, including emergency ve-
of subparagraph (A) and clauses (i) and (ii) of Code, is amended—
subparagraph (B) have taken place since Oc- hicles or other nontactical vehicles as deter-
(1) in subsection (b)(1), by inserting ‘‘sub- mined by the Secretary, when a vehicle type
tober 1, 2021. section (k) and’’ after ‘‘amounts for that pur-
(b) REPORT REQUIRED.—Not later than Sep- is not available for the needed application;
pose under’’; (ii) authorizing exemptions upon finding
tember 30, 2023, the Secretary of the Army (2) in subsection (c)(1), by inserting ‘‘sub-
shall submit to the Committees on Armed that a zero-emission vehicle is not a prac-
section (k) and’’ after ‘‘amounts for that pur- ticable alternative to an internal combus-
Services of the Senate and the House of Rep- pose under’’; and
resentatives a report on the findings of the tion engine vehicle for a particular use, or
(3) by adding at the end the following: for some other compelling reason; and
review conducted under subsection (a). ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— (iii) developing guidance regarding proce-
There is authorized to be appropriated to the dures for requesting such exemptions, in-
SA 5730. Mr. TOOMEY (for himself Secretary to carry out this section $10,000,000
and Mr. CASEY) submitted an amend- cluding the criteria for evaluating such ex-
for each of fiscal years 2023 and 2024.’’. emption requests, which should be published
ment intended to be proposed to
ctelli on DSK11ZRN23PROD with SENATE
on the website of the Department of Defense
amendment SA 5499 submitted by Mr. SA 5732. Mr. DURBIN submitted an and given a 30-day period for public review
REED (for himself and Mr. INHOFE) and amendment intended to be proposed to and comment before the Department adopts
intended to be proposed to the bill H.R. amendment SA 5499 submitted by Mr. or revises such guidance.
7900, to authorize appropriations for REED (for himself and Mr. INHOFE) and
fiscal year 2023 for military activities intended to be proposed to the bill H.R. SA 5733. Mr. KING (for himself, Mr.
of the Department of Defense, for mili- 7900, to authorize appropriations for ROUNDS, Ms. ROSEN, Ms. HASSAN, and
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5089
Mr. OSSOFF) submitted an amendment (C) the expected date on which the Air ‘‘(C) the criminal activity of the organiza-
intended to be proposed to amendment Force expects to store weapons other than tion threatens the security of United States
SA 5499 submitted by Mr. REED (for those described in subparagraph (B) at— nationals or the national security of the
(i) an existing weapons storage area; or United States.
himself and Mr. INHOFE) and intended
(ii) a weapons generation facility that re- ‘‘(2) PROCEDURE.—
to be proposed to the bill H.R. 7900, to places an existing weapons storage area; and ‘‘(A) NOTICE.—
authorize appropriations for fiscal year (D) a mitigation plan to ensure that a ‘‘(i) TO CONGRESSIONAL LEADERS.—Not later
2023 for military activities of the De- weapons storage area can support the safe than 7 days before making a designation
partment of Defense, for military con- and secure storage of weapons other than under this subsection, the Attorney General
struction, and for defense activities of those described in subparagraph (B) if re- shall, by classified communication—
the Department of Energy, to prescribe quired to do so prior to the construction of a ‘‘(I) notify the Speaker and Minority Lead-
military personnel strengths for such weapons generation facility. er of the House of Representatives, the Presi-
(c) FORM.—The report required by sub- dent pro tempore, Majority Leader, and Mi-
fiscal year, and for other purposes;
section (a) shall be submitted in unclassified nority Leader of the Senate, and the mem-
which was ordered to lie on the table; form, but may include a classified annex. bers of the relevant committees of the House
as follows: of Representatives and the Senate, in writ-
At the appropriate place in subtitle G of SA 5735. Mr. COTTON submitted an ing, of the intent to designate an organiza-
title X, insert the following: amendment intended to be proposed to tion under this subsection; and
SEC. 10ll. INSTITUTE A 5-YEAR TERM FOR THE amendment SA 5499 submitted by Mr. ‘‘(II) submit the findings made under para-
DIRECTOR OF CYBERSECURITY AND graph (1) with respect to that organization,
INFRASTRUCTURE SECURITY.
REED (for himself and Mr. INHOFE) and
intended to be proposed to the bill H.R. including the factual basis for such deter-
(a) IN GENERAL.—Subsection (b)(1) of sec- mination.
tion 2202 of the Homeland Security Act of 7900, to authorize appropriations for
fiscal year 2023 for military activities ‘‘(ii) PUBLICATION IN FEDERAL REGISTER.—
2002 (6 U.S.C. 652), is amended by inserting The Attorney General shall publish the des-
‘‘The term of office of an individual serving of the Department of Defense, for mili- ignation in the Federal Register not later
as Director shall be 5 years.’’ after ‘‘who tary construction, and for defense ac- than 76 days after providing the notification
shall report to the Secretary.’’. tivities of the Department of Energy, under clause (i).
(b) TRANSITION RULES.—The amendment to prescribe military personnel ‘‘(B) EFFECT OF DESIGNATION.—A designa-
made by subsection (a) shall take effect on
the first appointment of an individual to the
strengths for such fiscal year, and for tion under this subsection—
other purposes; which was ordered to ‘‘(i) shall take effect upon publication
position of Director of Cybersecurity and In-
lie on the table; as follows: under subparagraph (A)(ii), for purposes of
frastructure Security, by and with the ad-
At the end of subtitle D of title X, add the section 212(a)(2)(F) of this Act and section
vice and consent of the Senate, that is made
following: 2339B of title 18, United States Code; and
on or after the date of enactment of this Act.
SEC. 1035. INADMISSIBILITY OF MEMBERS OF
‘‘(ii) shall cease to have effect upon an Act
SA 5734. Mr. HOEVEN submitted an SIGNIFICANT TRANSNATIONAL of Congress disapproving such designation.
CRIMINAL ORGANIZATIONS. ‘‘(C) FREEZING OF ASSETS.—Upon notifica-
amendment intended to be proposed to
(a) SHORT TITLE.—This section may be tion under paragraph (2)(A)(i), the Secretary
amendment SA 5499 submitted by Mr. of the Treasury may require United States
cited as the ‘‘Significant Transnational
REED (for himself and Mr. INHOFE) and Criminal Organization Designation Act’’. financial institutions possessing or control-
intended to be proposed to the bill H.R. (b) IN GENERAL.—Section 212(a)(2)(F) of the ling any assets of any foreign organization
7900, to authorize appropriations for Immigration and Nationality Act (8 U.S.C. included in the notification to block all fi-
fiscal year 2023 for military activities 1182(a)(2)(F)) is amended to read as follows: nancial transactions involving those assets
of the Department of Defense, for mili- ‘‘(F) MEMBERSHIP IN A SIGNIFICANT until further directive from either the Sec-
tary construction, and for defense ac- TRANSNATIONAL CRIMINAL ORGANIZATION .— retary of the Treasury, Act of Congress, or
‘‘(i) IN GENERAL.—Except as provided in order of court.
tivities of the Department of Energy,
clause (ii), any alien who— ‘‘(3) RECORD.—
to prescribe military personnel ‘‘(A) IN GENERAL.—In making a designation
‘‘(I) is a member of a significant
strengths for such fiscal year, and for transnational criminal organization; or under this subsection, the Attorney General
other purposes; which was ordered to ‘‘(II) is the spouse or child of an alien de- shall create an administrative record.
lie on the table; as follows: scribed in subclause (I), ‘‘(B) CLASSIFIED INFORMATION.—The Attor-
At the end of subtitle E of title III, add the is inadmissible. ney General may consider classified informa-
following: ‘‘(ii) EXCEPTION.—Clause (i)(II) shall not tion in making a designation under this sub-
SEC. 372. REPORT ON WEAPONS GENERATION FA- apply to a spouse or child— section. Classified information shall not be
CILITIES OF THE AIR FORCE. ‘‘(I) who did not know, or should not rea- subject to disclosure for such time as it re-
(a) IN GENERAL.—Not later than 180 days sonably have known, that his or her spouse mains classified, except that such informa-
after the date of the enactment of this Act, or parent was a member of a significant tion may be disclosed to a court ex parte and
the Secretary of the Air Force shall submit transnational criminal organization; or in camera for purposes of judicial review
to the Committees on Armed Services of the ‘‘(II) whom the consular officer or the At- under subsection (c).
Senate and the House of Representatives a torney General has reasonable grounds to be- ‘‘(4) PERIOD OF DESIGNATION.—
report on the construction by the Air Force lieve has renounced the significant ‘‘(A) IN GENERAL.—A designation under this
of weapons generation facilities. transnational criminal organization to subsection shall be effective for all purposes
(b) ELEMENTS.—The report required by sub- which his or her spouse or parent belongs.’’. until revoked under paragraph (5) or (6) or
section (a) shall include the following ele- (c) DESIGNATION OF SIGNIFICANT set aside pursuant to subsection (c).
ments: TRANSNATIONAL CRIMINAL ORGANIZATIONS.— ‘‘(B) REVIEW OF DESIGNATION UPON PETI-
(1) For installations of the Air Force that (1) IN GENERAL.—Chapter 2 of title II of the TION.—
do not have a weapons storage area— Immigration and Nationality Act (8 U.S.C. ‘‘(i) IN GENERAL.—The Attorney General
(A) the total number of weapons genera- 1181 et seq.) is amended by adding at the end shall review the designation of a significant
tion facilities to be constructed at installa- the following: transnational criminal organization under
tions assigned to Air Force Global Strike ‘‘SEC. 219A. DESIGNATION OF SIGNIFICANT the procedures set forth in clauses (iii) and
Command and a timeline for starting and TRANSNATIONAL CRIMINAL ORGANI- (iv) if the designated organization files a pe-
completing construction of each such facil- ZATIONS. tition for revocation within the petition pe-
ity, including construction occurring after ‘‘(a) DESIGNATION.— riod described in clause (ii).
September 30, 2028; and ‘‘(1) IN GENERAL.—The Attorney General is ‘‘(ii) PETITION PERIOD.—For purposes of
(B) the expected date on which the Air authorized to designate an organization as a clause (i)—
Force expects to begin to store weapons at significant transnational criminal organiza- ‘‘(I) if the designated organization has not
each such facility. tion in accordance with this subsection if the previously filed a petition for revocation
(2) For installations assigned to Air Force Attorney General, after consultation with under this subparagraph, the petition period
Global Strike Command that have a weapons the Secretary of State, the Secretary of the begins 2 years after the date on which the
storage area— Treasury, and the Secretary of Homeland Se- designation was made; or
(A) the total number of weapons storage curity, determines that— ‘‘(II) if the designated organization has
areas to be replaced with weapons generation ‘‘(A) the organization is a foreign organiza- previously filed a petition for revocation
ctelli on DSK11ZRN23PROD with SENATE
facilities and the estimated date by which tion; under this subparagraph, the petition period
each installation will require a weapons gen- ‘‘(B) the organization— begins 2 years after the date of the deter-
eration facility to execute the mission of ‘‘(i) engages in criminal activity that in- mination made under clause (iv) on that pe-
such command, including dates estimated to volves or affects commerce in the United tition.
be later than September 30, 2028; States; or ‘‘(iii) PROCEDURES.—Any significant
(B) a description of the weapons currently ‘‘(ii) retains the ability and intent to en- transnational criminal organization that
stored in each weapons storage area; gage in such criminal activity; and submits a petition for revocation under this
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S5090 CONGRESSIONAL RECORD — SENATE September 27, 2022
subparagraph shall provide evidence in that the validity of the issuance of such designa- CRIMINAL ORGANIZATIONS.—Section 2339B of
petition that the relevant circumstances de- tion as a defense or an objection at any trial title 18, United States Code, is amended—
scribed in paragraph (1) are sufficiently dif- or hearing. (1) by inserting ‘‘or a significant
ferent from the circumstances that were the ‘‘(b) AMENDMENTS TO A DESIGNATION.— transnational criminal organization’’ after
basis for the designation such that a revoca- ‘‘(1) IN GENERAL.—The Attorney General ‘‘foreign terrorist organization’’ each place
tion with respect to the organization is war- may amend a designation under this sub- such term appears;
ranted. section if the Attorney General discovers (2) in subsection (a)(1), by amending the
‘‘(iv) DETERMINATION.— that the organization has changed its name, second sentence to read as follows: ‘‘A person
‘‘(I) IN GENERAL.—Not later than 180 days adopted a new alias, dissolved and then re- may not be prosecuted for violating this
after receiving a petition for revocation sub- constituted itself under a different name or paragraph unless the person has knowledge
mitted under this subparagraph, the Attor- names, or merged with another organization. that the organization referred to in the pre-
ney General shall make a determination re- ‘‘(2) PROCEDURE.—Amendments made to a vious sentence—
garding such petition. designation in accordance with paragraph (1) ‘‘(A) is a designated terrorist organization;
‘‘(II) CLASSIFIED INFORMATION.—The Attor- shall be effective upon publication in the ‘‘(B) is a significant transnational criminal
ney General may consider classified informa- Federal Register. Subparagraphs (B) and (C) organization;
tion in making a determination in response of subsection (a)(2) shall apply to an amend- ‘‘(C) has engaged or engages in terrorist ac-
to a petition for revocation. Classified infor- ed designation upon such publication. Para- tivity (as defined in section 212(a)(3)(B) of
mation shall not be subject to disclosure for graphs (2)(A)(i), (4), (5), (6), (7), and (8) of sub- the Immigration and Nationality Act); or
such time as it remains classified, except section (a) shall apply to an amended des- ‘‘(D) has engaged or engages in terrorism
that such information may be disclosed to a ignation. (as defined in section 140(d)(2) of the Foreign
court ex parte and in camera for purposes of ‘‘(3) ADMINISTRATIVE RECORD.—The admin- Relations Authorization Act, Fiscal Years
judicial review under subsection (c). istrative record shall be corrected to include 1988 and 1989).’’; and
‘‘(III) PUBLICATION OF DETERMINATION.—A the amendments and any additional relevant (3) in subsection (g)—
determination made by the Attorney Gen- information that supports such amendments. (A) in paragraph (5), by striking ‘‘and’’ at
eral under this clause shall be published in ‘‘(4) CLASSIFIED INFORMATION.—The Attor- the end;
the Federal Register. ney General may consider classified informa- (B) by redesignating paragraph (6) as para-
‘‘(IV) PROCEDURES.—Any revocation by the tion in amending a designation in accord- graph (7); and
Attorney General shall be made in accord- ance with this subsection. Classified infor- (C) by inserting after paragraph (5) the fol-
ance with paragraph (6). mation shall not be subject to disclosure for lowing:
‘‘(C) OTHER REVIEW OF DESIGNATION.— such time as it remains classified, except ‘‘(6) the term ‘significant transnational
‘‘(i) IN GENERAL.—If no review is conducted that such information may be disclosed to a criminal organization’ means an organiza-
pursuant to subparagraph (B) during the 5- court ex parte and in camera for purposes of tion so designated under section 219A of the
year period beginning on the date on which judicial review under subsection (c). Immigration and Nationality Act; and’’.
a designation under this subsection takes ef- ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— ---
fect, the Attorney General shall review the ‘‘(1) IN GENERAL.—Not later than 30 days SA 5736. Mr. COONS submitted an
designation of the significant transnational after publication in the Federal Register of a amendment intended to be proposed to
criminal organization in order to determine designation, an amended designation, or a amendment SA 5499 submitted by Mr.
whether such designation should be revoked determination in response to a petition for REED (for himself and Mr. INHOFE) and
pursuant to paragraph (6). revocation, the designated organization may
intended to be proposed to the bill H.R.
‘‘(ii) PROCEDURES.—If a review does not seek judicial review in the United States
Court of Appeals for the District of Columbia 7900, to authorize appropriations for
take place pursuant to subparagraph (B) in
response to a petition for revocation that is Circuit. fiscal year 2023 for military activities
filed in accordance with that subparagraph, ‘‘(2) BASIS OF REVIEW.—Review under this of the Department of Defense, for mili-
then the review shall be conducted pursuant subsection shall be based solely upon the ad- tary construction, and for defense ac-
to procedures established by the Attorney ministrative record, except that the Govern- tivities of the Department of Energy,
General. The results of such review and the ment may submit, for ex parte and in camera to prescribe military personnel
applicable procedures shall not be reviewable review, classified information used in mak- strengths for such fiscal year, and for
in any court. ing the designation, amended designation, or other purposes; which was ordered to
‘‘(iii) PUBLICATION OF RESULTS OF REVIEW.— determination in response to a petition for
revocation.
lie on the table; as follows:
The Attorney General shall publish any de-
‘‘(3) SCOPE OF REVIEW.—The Court shall At the end of subtitle C of title XXVIII,
termination made pursuant to this subpara-
hold unlawful and set aside a designation, add the following:
graph in the Federal Register.
amended designation, or determination in SEC. 2842. LAND CONVEYANCE, LEWES, DELA-
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The WARE.
Congress, by an Act of Congress, may block response to a petition for revocation the
(a) CONVEYANCE AUTHORIZED.—The Sec-
or revoke a designation made under para- court finds to be—
retary of the Army (in this section referred
graph (1). ‘‘(A) arbitrary, capricious, an abuse of dis-
to as the ‘‘Secretary’’) may convey, without
‘‘(6) REVOCATION BASED ON CHANGE IN CIR- cretion, or otherwise not in accordance with
consideration, to the City of Lewes, Dela-
CUMSTANCES.— law;
ware (in this section referred to as the
‘‘(A) IN GENERAL.—The Attorney General— ‘‘(B) contrary to constitutional right, ‘‘City’’), all right, title, and interest of the
‘‘(i) may revoke a designation made under power, privilege, or immunity; United States in and to a parcel of real prop-
paragraph (1) at any time; and ‘‘(C) in excess of statutory jurisdiction, au- erty, including improvements thereon, con-
‘‘(ii) shall revoke a designation upon com- thority, or limitation, or short of statutory sisting of approximately 5.26 acres located at
pletion of a review conducted pursuant to right; 1137 Savannah Road, Lewes, Delaware 19958,
subparagraphs (B) and (C) of paragraph (4) if ‘‘(D) lacking substantial support in the ad- for the purpose of housing a new municipal
the Attorney General determines that— ministrative record taken as a whole or in campus for Lewes City Hall, a police station,
‘‘(I) the circumstances that were the basis classified information submitted to the and a board of public works.
for the designation have changed in such a court under paragraph (2), or (b) REVERSIONARY INTEREST.—
manner as to warrant revocation; or ‘‘(E) not in accord with the procedures re- (1) IN GENERAL.—If the Secretary deter-
‘‘(II) the national security of the United quired by law. mines at any time that the property con-
States warrants a revocation. ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend- veyed under subsection (a) is not being used
‘‘(B) PROCEDURE.—The procedural require- ency of an action for judicial review of a des- in accordance with the purpose of the con-
ments under paragraphs (2) and (3) shall ignation, amended designation, or deter- veyance specified in such subsection, all
apply to a revocation under this paragraph. mination in response to a petition for rev- right, title, and interest in and to the prop-
Any revocation shall take effect on the date ocation shall not affect the application of erty, including any improvements thereto,
specified in the revocation or upon publica- this section, unless the court issues a final may, at the option of the Secretary, revert
tion in the Federal Register if no effective order setting aside the designation, amended to and become the property of the United
date is specified. designation, or determination in response to States, and the United States may have the
‘‘(7) EFFECT OF REVOCATION.—The revoca- a petition for revocation.’’. right of immediate entry onto such property.
tion of a designation under paragraph (5) or (2) CLERICAL AMENDMENT.—The table of (2) DETERMINATION.—A determination by
(6) shall not affect any action or proceeding contents of the Immigration and Nationality the Secretary under paragraph (1) may be
based on conduct committed before the effec- Act (8 U.S.C. 1101 note) is amended by insert- made on the record after an opportunity for
ctelli on DSK11ZRN23PROD with SENATE
tive date of such revocation. ing after the item relating to section 219 the a hearing.
‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR- following: (c) PAYMENT OF COSTS OF CONVEYANCE.—
ING.—If a designation under this subsection ‘‘Sec. 219A. Designation of significant (1) PAYMENT AUTHORIZED.—
has become effective pursuant to paragraph transnational criminal organi- (A) IN GENERAL.—The Secretary may re-
(2)(B), a defendant in a criminal action or an zations.’’. quire the City to cover all costs (except costs
alien in a removal proceeding shall not be (d) PROVIDING MATERIAL SUPPORT OR RE- for environmental remediation of the prop-
permitted to raise any question concerning SOURCES TO SIGNIFICANT TRANSNATIONAL erty) to be incurred by the Secretary, or to
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5091
reimburse the Secretary for costs incurred or maintenance of the commemorative work impactful research outcomes and developing
by the Secretary, to carry out the convey- under this section. the next generation of the research eco-
ance under subsection (a), including survey (B) ACCEPTANCE OF CONTRIBUTIONS AND PAY- system, including by—
costs, costs for environmental documenta- MENT OF EXPENSES.—The Sponsor shall be (A) conducting high quality research in
tion, and any other administrative costs re- solely responsible for the acceptance of con- unique areas that has enriched the Depart-
lated to the conveyance. tributions for, and the payment of the ex- ment of Defense research enterprise and the
(B) REFUND.—If amounts are collected penses of, the establishment and mainte- United States research ecosystem;
from the City under subparagraph (A) in ad- nance of the commemorative work under (B) strengthening and diversifying the
vance of the Secretary incurring the actual this section. United States research ecosystem by in-
costs, and the amount collected exceeds the (4) DEPOSIT OF EXCESS FUNDS.— creasing the number of students who are stu-
costs actually incurred by the Secretary to (A) IN GENERAL.—If, on payment of all ex- dents of diverse backgrounds from histori-
carry out the conveyance under subsection penses for the establishment of the com- cally Black colleges and universities with
(a), the Secretary may refund the excess memorative work under this section (includ- undergraduate or graduate degrees in
amount to the City. ing the maintenance and preservation science, technology, engineering, or mathe-
(2) TREATMENT OF AMOUNTS RECEIVED.— amount required by section 8906(b)(1) of title matics; and
Amounts received under paragraph (1) as re- 40, United States Code), there remains a bal- (C) fueling domestic and international col-
imbursement for costs incurred by the Sec- ance of funds received for the establishment laborations that led to trailblazing discov-
retary to carry out the conveyance under of the commemorative work, the Sponsor eries and innovative technologies.
subsection (a) may be credited to the fund or shall transmit the amount of the balance to (6) In 2019, historically Black colleges and
account that was used to cover the costs in- the Secretary for deposit in the account pro- universities received $371,000,000, or about 0.8
curred by the Secretary in carrying out the vided for in section 8906(b)(3) of that title. percent of the $44,500,000,000 in Federal fund-
conveyance, or to an appropriate fund or ac- (B) ON EXPIRATION OF AUTHORITY.—If, on ing to institutions of higher education for re-
count currently available to the Secretary expiration of the authority for the com- search and development. The amount of
for the purposes for which the costs were memorative work under section 8903(e) of funding for 2019 is a marked decrease from
paid. Amounts so credited may be merged title 40, United States Code, there remains a fiscal year 2018, when historically Black col-
with amounts in such fund or account and balance of funds received for the establish- leges and universities received $400,000,000 in
may be available for the same purposes, and ment of the commemorative work under this Federal research and development funding
subject to the same conditions and limita- section, the Sponsor shall transmit the (0.9 percent of the Federal funding to institu-
tions, as amounts in such fund or account. amount of the balance to a separate account tions of higher education for such purposes).
(d) DESCRIPTION OF PROPERTY.—The exact with the National Park Foundation for me- (7) There are no historically Black colleges
acreage and legal description of the property morials, to be available to the Secretary or and universities designated as very high re-
to be conveyed under subsection (a) may be the Administrator of General Services, as ap- search activity status, as classified by the
determined by a survey satisfactory to the propriate, in accordance with the process Carnegie Classification of Institutions of
Secretary. provided in paragraph (4) of section 8906(b) of Higher Education.
(e) ADDITIONAL TERMS AND CONDITIONS.— that title for accounts established under (8) Meaningfully investing in the research
The Secretary may require such additional paragraph (2) or (3) of that section. capacity of historically Black colleges and
terms and conditions in connection with the universities is an investment in our Nation’s
conveyance under subsection (a) as the Sec- SA 5738. Mr. VAN HOLLEN (for him- future and will help meet accelerating
retary considers appropriate to protect the science, technology, engineering, and mathe-
self and Mr. TILLIS) submitted an
interests of the United States. matics workforce demands and safeguard the
amendment intended to be proposed to national security interests of the United
SA 5737. Mr. COONS (for himself and amendment SA 5499 submitted by Mr. States.
Mr. BOOZMAN) submitted an amend- REED (for himself and Mr. INHOFE) and SEC. lll3. PURPOSE.
ment intended to be proposed to intended to be proposed to the bill H.R. The purpose of the program established
7900, to authorize appropriations for under this subtitle is to provide additional
amendment SA 5499 submitted by Mr. pathways needed for further increasing ca-
REED (for himself and Mr. INHOFE) and fiscal year 2023 for military activities
of the Department of Defense, for mili- pacity at historically Black colleges and uni-
intended to be proposed to the bill H.R. versities to achieve and maintain very high
7900, to authorize appropriations for tary construction, and for defense ac- research activity status.
fiscal year 2023 for military activities tivities of the Department of Energy, SEC. lll4. DEFINITIONS.
of the Department of Defense, for mili- to prescribe military personnel In this subtitle:
tary construction, and for defense ac- strengths for such fiscal year, and for (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
tivities of the Department of Energy, other purposes; which was ordered to ble institution’’ means a historically Black
lie on the table; as follows: college or university that is classified as a
to prescribe military personnel high research activity status institution at
strengths for such fiscal year, and for At the appropriate place in title X, insert
the following: the time of application for a grant under sec-
other purposes; which was ordered to tion 5.
Subtitle ll—HBCU RISE Act
lie on the table; as follows: (2) HIGH RESEARCH ACTIVITY STATUS.—The
SEC. lll1. SHORT TITLE. term ‘‘high research activity status’’ means
At the end of subtitle G of title X, add the
following: This subtitle may be cited as the ‘‘HBCU R2 status, as classified by the Carnegie Clas-
SEC. 1077. AUTHORIZATION TO ESTABLISH COM-
Research, Innovation, Security, and Excel- sification of Institutions of Higher Edu-
MEMORATIVE WORK TO HONOR lence Act’’ or the ‘‘HBCU RISE Act’’. cation.
JEAN MONNET. SEC. lll2. FINDINGS. (3) HISTORICALLY BLACK COLLEGE OR UNI-
(a) DEFINITIONS.—In this section: Congress finds the following: VERSITY.—The term ‘‘historically Black col-
(1) SECRETARY.—The term ‘‘Secretary’’ (1) Historically Black colleges and univer- lege or university’’ has the meaning given
means the Secretary of the Interior. sities hold a unique position in the efforts of the term ‘‘part B institution’’ under section
(2) SPONSOR.—The term ‘‘Sponsor’’ means the United States to diversify the science, 322 of the Higher Education Act of 1965 (20
the Government of France. technology, engineering, and mathematics U.S.C. 1061).
(b) AUTHORIZATION.— academic and workforce communities. (4) SECRETARY.—The term ‘‘Secretary’’
(1) IN GENERAL.—The Sponsor may estab- (2) Although our Nation’s historically means the Secretary of Defense.
lish a commemorative work on Federal land Black colleges and universities make up just (5) VERY HIGH RESEARCH ACTIVITY STATUS.—
in the District of Columbia and its environs 3 percent of the colleges and universities in The term ‘‘very high research activity sta-
to honor the extraordinary contributions of the United States, historically Black col- tus’’ means R1 status, as classified by the
Jean Monnet with respect to— leges and universities graduate 25 percent of Carnegie Classification of Institutions of
(A) restoring peace between European na- African-American students with bacca- Higher Education.
tions; and laureate degrees in the fields of science, (6) VERY HIGH RESEARCH ACTIVITY STATUS
(B) establishing the European Union. technology, engineering, and mathematics. INDICATORS.—The term ‘‘very high research
(2) COMPLIANCE WITH STANDARDS FOR COM- (3) Historically Black colleges and univer- activity status indicators’’ means the cat-
MEMORATIVE WORKS.—The establishment of sities are the institution of origin for almost egories used by the Carnegie Classification
the commemorative work under this section 30 percent of Black graduates of science and of Institutions of Higher Education to delin-
shall be in accordance with chapter 89 of engineering doctorate programs. eate which institutions have very high activ-
ctelli on DSK11ZRN23PROD with SENATE
title 40, United States Code (commonly (4) The health of the Department of De- ity status, including—
known as the ‘‘Commemorative Works fense and the United States research eco- (A) annual expenditures in science and en-
Act’’). system relies on high quality researchers gineering;
(3) PROHIBITION ON THE USE OF FEDERAL from a diverse talent pool. (B) per-capita (faculty member) expendi-
FUNDS.— (5) Historically Black colleges and univer- tures in science and engineering;
(A) IN GENERAL.—Federal funds may not be sities have a history of conducting high qual- (C) annual expenditures in non-science and
used to pay any expense of the establishment ity research in unique areas, both providing engineering fields;
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S5092 CONGRESSIONAL RECORD — SENATE September 27, 2022
(D) per-capita (faculty member) expendi- (2) STRATEGIC AREAS OF SCIENTIFIC RE- (7) Recommendations on whether the pro-
tures in non-science and engineering fields; SEARCH.—The Secretary, in consultation gram established should be renewed or ex-
(E) doctorates awarded in science, tech- with the Defense Science Board, shall estab- panded.
nology, engineering, and mathematics fields; lish and update on an annual basis a list of ---
(F) doctorates awarded in social science research areas for which applicants can seek SA 5739. Mr. PADILLA submitted an
fields; funding. amendment intended to be proposed to
(G) doctorates awarded in the humanities; (3) RESEARCH PROGRESS REPORTING.—Not amendment SA 5499 submitted by Mr.
(H) doctorates awarded in other fields with later than 3 years after receiving a grant REED (for himself and Mr. INHOFE) and
a research emphasis; under this section, and every 3 years there- intended to be proposed to the bill H.R.
(I) total number of research staff including after, an eligible institution shall submit to
7900, to authorize appropriations for
postdoctoral researchers; the Secretary—
(J) other doctorate-holding non-faculty re- (A) a report that includes an assessment by fiscal year 2023 for military activities
searchers in science and engineering and per- the institution, using the criteria estab- of the Department of Defense, for mili-
capita (faculty) number of doctorate-level lished under subsection (c)(4), of the progress tary construction, and for defense ac-
research staff including post-doctoral re- made by such institution with respect to tivities of the Department of Energy,
searchers; and achieving very high research activity status to prescribe military personnel
(K) other categories utilized to determine indicators; and strengths for such fiscal year, and for
classification. (B) an updated plan described in subsection other purposes; which was ordered to
SEC. lll5. PROGRAM TO INCREASE CAPACITY (c)(2).
TOWARD ACHIEVING VERY HIGH RE-
lie on the table; as follows:
(4) GRANT PERIOD.—A grant awarded under
SEARCH ACTIVITY STATUS AT HIS- this section shall be for a period of not more At the appropriate place in title II, insert
TORICALLY BLACK COLLEGES OR than 10 years, as determined by the Sec- the following:
UNIVERSITIES.
retary. SEC. ll. SUPPORT FOR RESEARCH AND DEVEL-
(a) PROGRAM.— OPMENT OF BIOINDUSTRIAL MANU-
(5) EXPANSION OF ELIGIBILITY.—The Sec- FACTURING PROCESSES.
(1) IN GENERAL.—The Secretary shall estab-
retary may award grants under this section (a) AUTHORIZATION.—Subject to the avail-
lish and carry out, using funds made avail-
to historically Black colleges and univer- ability of appropriations, the Secretary of
able for research activities, a pilot program
sities that are not eligible institutions if the Defense shall provide support to manufac-
to increase capacity at high research activ-
Secretary determines that the program can turing innovation institutes for the research
ity status (R2) historically Black colleges
support such colleges and universities while and development of innovative bioindustrial
and universities toward achieving very high
achieving the purpose of the program de- manufacturing processes and the develop-
research activity status (R1) during the
scribed in this subtitle. ment of a network of bioindustrial manufac-
grant period.
(2) RECOMMENDATIONS.—In establishing (e) EVALUATION.—Not later than 5 years turing facilities to improve the ability of the
such a program, the Secretary may consider after the date of the enactment of this sub- industrial base to use such processes for the
the recommendations pursuant to section 262 title, the Secretary shall prepare and submit production of chemicals, materials, and
of the National Defense Authorization Act a report to the Committee on Armed Serv- other products necessary to support national
for Fiscal Year 2020 (Public Law 116–92; 10 ices of the Senate and the Committee on security or secure fragile supply chains.
U.S.C. 2362 note) and section 220 of the Na- Armed Services of the House of Representa- (b) FORM OF SUPPORT.—The support pro-
tional Defense Authorization Act for Fiscal tives providing an update on the pilot pro- vided under subsection (a) may consist of—
Year 2022 (Public Law 117–81). gram, including— (1) the establishment of one or more manu-
(b) GRANTS AUTHORIZED.—The Secretary (1) activities carried out under the pilot facturing innovation institutes specializing
shall award, on a competitive basis, grants program; in the research and development of bioindus-
to eligible institutions to carry out the ac- (2) an analysis of the growth in very high trial manufacturing processes;
tivities under subsection (d)(1). research activity status indicators of eligible (2) providing funding to one or more exist-
(c) APPLICATION.—A eligible institution institutions that received a grant under this ing manufacturing innovation institutes—
seeking a grant under this section shall sub- section; and (A) to support the research and develop-
mit an application to the Secretary at such (3) emerging research areas of interest to ment of bioindustrial manufacturing proc-
time, in such manner, and containing such the Department of Defense conducted by eli- esses; or
information and assurances as the Secretary gible institutions that received a grant (B) to otherwise expand the bioindustrial
may require, including a description of— under this section. manufacturing capabilities of such insti-
(1) nascent research capabilities and re- tutes;
(f) TERMINATION.—The authority of the
search areas of interest to the Department of (3) the establishment of dedicated facilities
Secretary to award grants under the pilot
Defense; within one or more manufacturing innova-
program established under this section shall
(2) a plan for increasing the level of re- tion institutes to serve as regional hubs for
terminate 10 years after the date on which
search activity toward achieving very high the research, development, and the scaling of
the Secretary establishes such program.
research activity status classification during bioindustrial manufacturing processes and
the grant period, including measurable mile- (g) REPORT TO CONGRESS.—Not later than products to higher levels of production; or
stones such as growth in very high research 180 days after the termination of the pilot (4) designating a manufacturing innovation
activity status indicators and other relevant program under subsection (f), the Secretary institute to serve as the lead entity respon-
factors; shall prepare and submit a report to the sible for integrating a network of pilot and
(3) how such institution will sustain the in- Committee on Armed Services of the Senate intermediate scale bioindustrial manufac-
creased level of research activity after the and the Committee on Armed Services of the turing facilities.
conclusion of the grant period; and House of Representatives on the pilot pro- (c) ACTIVITIES.—A manufacturing innova-
(4) how the institution will evaluate and gram that includes the following elements: tion institute that receives support under
assess progress with respect to the imple- (1) An analysis of the growth in very high subsection (a) shall carry out activities re-
mentation of the plan under paragraph (2). research activity status indicators of eligible lating to the research, development, test,
(d) PROGRAM COMPONENTS.— institutions that received a grant under this and evaluation of innovative bioindustrial
(1) USE OF FUNDS.—An eligible institution section. manufacturing processes and the scaling of
that receives a grant under this section shall (2) An evaluation on the effectiveness of bioindustrial manufacturing products to
use the grant funds to support research ac- the program in increasing the research ca- higher levels of production, which may in-
tivities with respect to research areas as de- pacity of eligible institutions that received a clude—
termined by the Secretary under paragraph grant under this section. (1) research on the use of bioindustrial
(2), including— (3) A description of how institutions that manufacturing to create materials such as
(A) faculty professional development; have achieved very high research activity polymers, coatings, resins, commodity
(B) stipends for undergraduate and grad- status plan to sustain that status beyond the chemicals, and other materials with fragile
uate students and post-doctoral scholars; duration of the program. supply chains;
(C) laboratory equipment and instrumenta- (4) An evaluation of the maintenance of (2) demonstration projects to evaluate bio-
tion; very high research activity status by eligible industrial manufacturing processes and tech-
(D) recruitment and retention of faculty institutions that received grant under this nologies;
and graduate students; section. (3) activities to scale bioindustrial manu-
(E) communication and dissemination of (5) An evaluation of the effectiveness of the facturing processes and products to higher
ctelli on DSK11ZRN23PROD with SENATE
products produced during the grant period; program in increasing diversity of students levels of production;
(F) construction, modernization, rehabili- conducting high quality research in unique (4) strategic planning for infrastructure
tation, or retrofitting of facilities for re- areas. and equipment investments for bioindustrial
search purposes; and (6) Recommendations with respect to fur- manufacturing of defense-related materials;
(G) other activities necessary to build ca- ther activities and investments necessary to (5) analyses of bioindustrial manufactured
pacity in very high research activity status elevate the research status of historically products and validation of the application of
indicators. Black colleges and universities. biological material used as input to new and
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5093
existing processes to aid in future invest- under paragraph (1), and biannually there- (2) in subsection (a), in the first sentence,
ment strategies and the security of critical after for five years, the Secretary of Defense by striking ‘‘and the Secretary of Homeland
supply chains; shall provide to the appropriate congres- Security for use by the Forest Service and
(6) the selection, construction, and oper- sional committees a briefing on the progress the United States Coast Guard’’ and insert-
ation of pilot and intermediate scale bio- toward the implementation of the plan. ing ‘‘for use by the Forest Service, to the
industrial manufacturing facilities; (f) DEFINITIONS.—In this section: Secretary of Homeland Security for use by
(7) development and management of a net- (1) The term ‘‘appropriate congressional the United States Coast Guard, and to the
work of facilities to scale production of bio- committees’’ means— Governor of a State’’;
industrial products; (A) the congressional defense committees; (3) in subsection (b)—
(8) activities to address workforce needs in (B) the Committee on Agriculture, Nutri- (A) in paragraph (1), by striking ‘‘or the
bioindustrial manufacturing; tion, and Forestry and the Committee on United States Coast Guard as a suitable plat-
(9) establishing an interoperable, secure, Commerce, Science, and Transportation of form to carry out their respective missions’’
digital infrastructure for collaborative data the Senate; and and inserting ‘‘, the United States Coast
exchange across entities in the bioindustrial (C) the Committee on Agriculture and the Guard, or the Governor of a State, as the
manufacturing community, including gov- Committee on Science, Space, and Tech- case may be, as a suitable platform to carry
ernment agencies, industry, and academia; nology of the House of Representatives. out wildfire suppression, search and rescue,
(10) developing and implementing digital (2) The term ‘‘bioindustrial manufac- or emergency operations pertaining to
tools, process security and assurance capa- turing’’ means the use of living organisms, wildfires’’;
bilities, cybersecurity protocols, and best cells, tissues, enzymes, or cell-free systems (B) in paragraph (3), by striking ‘‘; and’’
practices for data storage, sharing and anal- to produce materials and products for non- and inserting a semicolon;
ysis; and pharmaceutical applications. (C) in paragraph (4), by striking the period
(11) such other activities as the Secretary (3) The term ‘‘manufacturing innovation at the end and inserting ‘‘; and’’; and
of Defense determines appropriate. institute’’ means a Manufacturing USA in- (D) by adding at the end the following new
(d) CONSIDERATIONS.—In determining the stitute (as described in section 34(d) of the paragraph:
number, type, and location of manufacturing National Institute of Standards and Tech- ‘‘(5) in the case of aircraft to be transferred
innovation institutes or facilities to support nology Act (15 U.S.C. 278s(d))) that is funded to the Governor of a State, acceptable for
under subsection (a), the Secretary of De- by the Department of Defense. use by the State, as determined by the Gov-
fense shall consider—
ernor.’’;
(1) how the institutes or facilities may SA 5740. Mr. PADILLA submitted an (4) by striking subsection (c);
complement each other by functioning as a amendment intended to be proposed to (5) in subsection (d)—
together as a network;
(2) how to geographically distribute sup-
amendment SA 5499 submitted by Mr. (A) in paragraph (1)—
REED (for himself and Mr. INHOFE) and (i) by striking ‘‘up to seven’’; and
port to such institutes or facilities—
intended to be proposed to the bill H.R. (ii) by inserting ‘‘the Governor of a State
(A) to maximize access to biological mate-
rial needed as an input to bioindustrial man- 7900, to authorize appropriations for or to’’ after ‘‘offered to’’; and
(B) by amending paragraph (2) to read as
ufacturing processes; fiscal year 2023 for military activities
(B) to leverage available industrial and follows:
of the Department of Defense, for mili- ‘‘(2) EXPIRATION OF RIGHT OF REFUSAL.—A
academic expertise; tary construction, and for defense ac-
(C) to leverage relevant domestic infra- right of refusal afforded the Secretary of Ag-
tivities of the Department of Energy, riculture or the Secretary of Homeland Secu-
structure required to secure supply chains
for chemicals and other materials; and to prescribe military personnel rity under paragraph (1) with regards to an
(D) to complement the capabilities of other strengths for such fiscal year, and for aircraft shall expire upon official notice of
manufacturing innovation institutes and other purposes; which was ordered to such Secretary to the Secretary of Defense
similar facilities; and lie on the table; as follows: that such Secretary declines such aircraft.’’;
(3) how the activities supported under this (6) in subsection (e)—
At the end of subtitle B of title XXXI, add
section can be coordinated with relevant ac- (A) in the matter preceding paragraph (1),
the following:
tivities of other departments and agencies of by inserting ‘‘or to the Governor of a State’’
SEC. 3118. DESIGNATION OF NATIONAL NUCLEAR
the Federal Government. SECURITY ADMINISTRATION AS
after ‘‘the Secretary of Agriculture’’;
(e) PLAN REQUIRED.— TECHNICAL NUCLEAR FORENSICS (B) in paragraph (1), by striking ‘‘wildfire
(1) IN GENERAL.—Not later than 180 days LEAD. suppression purposes’’ and inserting ‘‘pur-
after the date of the enactment of this Act, Section 3211(b) of the National Nuclear Se- poses of wildfire suppression, search and res-
the Secretary of Defense shall submit to the curity Administration Act (50 U.S.C. 2401(b)) cue, or emergency operations pertaining to
appropriate congressional committees and is amended by adding at the end the fol- wildfires’’; and
the National Security Commission on lowing new paragraph: (C) in paragraph (2)—
Emerging Biotechnology a plan for the im- ‘‘(7) To lead the technical nuclear forensics (i) by inserting ‘‘, search and rescue, emer-
plementation of this section that includes— efforts of the United States.’’. gency operations pertaining to wildfires,’’
(A) a description of types, relative sizes, after ‘‘efforts’’; and
and locations of the manufacturing innova- SA 5741. Mr. PADILLA (for himself, (ii) by inserting ‘‘or Governor of the State,
tion institutes or facilities the Secretary in- Mr. CRAMER, and Mrs. FEINSTEIN) sub- as the case may be,’’ after ‘‘Secretary of Ag-
tends to establish or support under this sec- mitted an amendment intended to be riculture’’;
tion; proposed to amendment SA 5499 sub- (7) in subsection (f), by striking ‘‘or the
(B) a general description of the focus of Secretary of Homeland Security’’ and insert-
mitted by Mr. REED (for himself and ing ‘‘, the Secretary of Homeland Security,
each institute or facility, including the types Mr. INHOFE) and intended to be pro-
of bioindustrial manufacturing equipment, if or the Governor of a State’’;
any, that are expected to be procured for
posed to the bill H.R. 7900, to authorize (8) in subsection (g), by striking ‘‘and the
each such institute or facility; appropriations for fiscal year 2023 for Secretary of Homeland Security’’ and insert-
(C) a general description of how the insti- military activities of the Department ing ‘‘, the Secretary of Homeland Security,
tutes and facilities will work as a network to of Defense, for military construction, or the Governor of the State to which such
maximize the diversity of bioindustrial prod- and for defense activities of the De- aircraft is transferred’’;
ucts available to be produced by the net- partment of Energy, to prescribe mili- (9) by adding at the end the following new
work; subsection:
tary personnel strengths for such fiscal
(D) an explanation of how the network will year, and for other purposes; which was ‘‘(h) REPORTING.—Not later than December
support the establishment and maintenance 1, 2022, and annually thereafter, the Sec-
of the bioindustrial manufacturing indus-
ordered to lie on the table; as follows: retary of Defense shall submit to the Com-
trial base; and At the end of subtitle G of title X, add the mittees on Armed Services of the Senate and
(E) an explanation of how the Secretary in- following: the House of Representatives a report on air-
tends to ensure that bioindustrial manufac- SEC. 1077. MODIFICATION OF AUTHORITY OF craft transferred, during the fiscal year pre-
SECRETARY OF DEFENSE TO TRANS-
turing activities conducted under this sec- ceding the date of such report, to—
FER EXCESS AIRCRAFT TO OTHER
tion are modernized digitally, including DEPARTMENTS OF THE FEDERAL ‘‘(1) the Secretary of Agriculture, the Sec-
through— GOVERNMENT AND AUTHORITY TO retary of Homeland Security, or the Gov-
(i) the use of a data automation to rep- TRANSFER EXCESS AIRCRAFT TO ernor of a State under this section;
ctelli on DSK11ZRN23PROD with SENATE
resent processes and products as models and STATES. ‘‘(2) the chief executive officer of a State
simulations; and Section 1091 of the National Defense Au- under section 112 of the National Defense Au-
(ii) the implementation of measures to ad- thorization Act for Fiscal Year 2013 (Public thorization Act for Fiscal Year 2012 (Public
dress cybersecurity and process assurance Law 112–239; 10 U.S.C. 2576 note) is amended— Law 112–81; 125 Stat. 1318); or
concerns. (1) in the section heading, by inserting ‘‘(3) the Secretary of the Air Force or the
(2) BRIEFINGS.—Not later than 180 days ‘‘AND TO STATES’’ after ‘‘FEDERAL GOVERN- Secretary of Agriculture under section 1098
after the date of the submittal of the plan MENT’’; of the National Defense Authorization Act
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S5094 CONGRESSIONAL RECORD — SENATE September 27, 2022
for Fiscal Year 2014 (Public Law 113–66; 127 component of the National Wild and Scenic (B) by striking paragraph (3);
Stat. 881).’’; and Rivers System, including any component (C) by redesignating paragraphs (4) and (5)
(10) by redesignating subsections (d) that flows through the land taken into trust as paragraphs (3) and (4), respectively; and
through (h) as subsections (c) through (g), re- under subsection (d). (D) in paragraph (4), as redesignated, by
spectively. (2) MEMORANDUM OF UNDERSTANDING.—The striking ‘‘paragraph (4)’’ and inserting
Secretary of Agriculture shall enter into a ‘‘paragraph (3)’’; and
SA 5742. Mr. PADILLA (for himself memorandum of understanding with the (2) in subsection (d), by striking ‘‘, except
and Mrs. FEINSTEIN) submitted an Karuk Tribe, consistent with the obligations with respect to allegations described in sub-
amendment intended to be proposed to of the Secretary of Agriculture under sub- section (b)(3),’’.
amendment SA 5499 submitted by Mr. section (c), to establish mutual goals for the
REED (for himself and Mr. INHOFE) and protection and enhancement of the river val- SA 5745. Mr. SCHUMER submitted an
intended to be proposed to the bill H.R. ues of any component of the National Wild amendment intended to be proposed by
and Scenic Rivers System that flows through him to the bill H.R. 6833, to amend title
7900, to authorize appropriations for the land taken into trust under subsection
fiscal year 2023 for military activities XXVII of the Public Health Service
(d).
of the Department of Defense, for mili- Act, the Internal Revenue Code of 1986,
tary construction, and for defense ac- SA 5743. Mr. PADILLA (for himself and the Employee Retirement Income
tivities of the Department of Energy, and Mrs. FEINSTEIN) submitted an Security Act of 1974 to establish re-
to prescribe military personnel amendment intended to be proposed to quirements with respect to cost-shar-
strengths for such fiscal year, and for amendment SA 5499 submitted by Mr. ing for certain insulin products, and for
other purposes; which was ordered to REED (for himself and Mr. INHOFE) and other purposes; which was ordered to
lie on the table; as follows: intended to be proposed to the bill H.R. lie on the table; as follows:
At the end of subtitle G of title X, add the 7900, to authorize appropriations for Strike all after the enacting clause and in-
following: fiscal year 2023 for military activities sert the following:
SECTION 1. SHORT TITLE.
SEC. 10ll. LAND HELD IN TRUST FOR THE of the Department of Defense, for mili-
KARUK TRIBE. This Act may be cited as the ‘‘Continuing
tary construction, and for defense ac-
(a) FINDINGS.—Congress finds that— Appropriations and Ukraine Supplemental
tivities of the Department of Energy, Appropriations Act, 2023’’.
(1) the Katimiı̂n and Ameekyáaraam land
is located in the ancestral territory of the
to prescribe military personnel SEC. 2. TABLE OF CONTENTS.
Karuk Tribe; and strengths for such fiscal year, and for
Sec. 1. Short Title.
(2) the Karuk Tribe has historically used, other purposes; which was ordered to Sec. 2. Table of Contents.
and has an ongoing relationship with, the lie on the table; as follows: Sec. 3. References.
Katimiı̂n and Ameekyáaraam land. At the end of subtitle G of title X, add the Sec. 4. Payment to Widows and Heirs of De-
(b) DEFINITIONS.—In this section: following: ceased Members of Congress.
(1) KATIMIÎN AND AMEEKYÁARAAM LAND.— SEC. 10ll. LAND TO BE TAKEN INTO TRUST FOR DIVISION A—CONTINUING
The term ‘‘Katimiı̂n and Ameekyáaraam THE BENEFIT OF THE AGUA APPROPRIATIONS ACT, 2023
land’’ means the approximately 1,031 acres of CALIENTE BAND OF CAHUILLA INDI-
ANS. DIVISION B—UKRAINE SUPPLEMENTAL
Federal land, including improvements and
(a) IN GENERAL.—The approximately 2,560 APPROPRIATIONS ACT, 2023
appurtenances to the Federal land, located
in Siskiyou County, California, and Hum- acres of land owned by the Agua Caliente DIVISION C—OTHER MATTERS
boldt County, California, and generally de- Band of Cahuilla Indians generally depicted Title I—Extensions, Technical Corrections,
picted as ‘‘Proposed Area’’ on the map of the as ‘‘Lands to be Taken into Trust’’ on the and Other Matters
Forest Service entitled ‘‘Katimiı̂n Area map entitled ‘‘Agua Caliente Band of Title II—Budgetary Effects
Boundary Proposal’’ and dated August 9, Cahuilla Indians Land to be Taken into DIVISION D—HEALTH AND HUMAN
2021. Trust’’ and dated November 17, 2021, is here- SERVICES EXTENSIONS
(2) SECRETARY.—The term ‘‘Secretary’’ by taken into trust by the United States for Title I—Medicare and Medicaid
means the Secretary of the Interior. the benefit of the Agua Caliente Band of Title II—Human Services
(c) ADMINISTRATIVE TRANSFER.—Adminis- Cahuilla Indians. Title III—Public Health
trative jurisdiction of the Katimiı̂n and (b) ADMINISTRATION.—Land taken into Title IV—Indian Health
Ameekyáaraam land is hereby transferred trust by subsection (a) shall be—
DIVISION E—VETERANS AFFAIRS
from the Secretary of Agriculture to the (1) part of the reservation of the Agua
EXTENSIONS
Secretary, subject to the condition that the Caliente Band of Cahuilla Indians; and
Chief of the Forest Service shall continue to (2) administered in accordance with the Title I—Extensions of authorities relating to
manage the component of the National Wild laws and regulations generally applicable to health care
and Scenic Rivers System that flows through property held in trust by the United States Title II—Extensions of authorities relating
the Katimiı̂n and Ameekyáaraam land. for the benefit of an Indian Tribe. to benefits
(d) LAND HELD IN TRUST.—The Katimiı̂n (c) GAMING PROHIBITED.—Land taken into Title III—Extensions of authorities relating
and Ameekyáaraam land is hereby taken trust by subsection (a) shall not be eligible to homeless veterans
into trust by the Secretary for the benefit of for gaming under the Indian Gaming Regu- Title IV—Extensions of other authorities
the Karuk Tribe, subject to— latory Act (25 U.S.C. 2701 et seq.). DIVISION F—FDA USER FEE
(1) valid existing rights, contracts, and REAUTHORIZATION ACT OF 2022
management agreements relating to ease- SA 5744. Mr. DURBIN (for himself DIVISION G—HERMIT’S PEAK/CALF
ments and rights-of-way; and and Mr. LEE) submitted an amendment CANYON FIRE ASSISTANCE ACT
(2) continued access by the Chief of the intended to be proposed to amendment SEC. 3. REFERENCES.
Forest Service for the purpose of managing SA 5499 submitted by Mr. REED (for Except as expressly provided otherwise,
the component of the National Wild and Sce- himself and Mr. INHOFE) and intended any reference to ‘‘this Act’’ contained in any
nic Rivers System that flows through the division of this Act shall be treated as refer-
to be proposed to the bill H.R. 7900, to
Katimiı̂n and Ameekyáaraam land. ring only to the provisions of that division.
(e) SURVEY.—Not later than 180 days after authorize appropriations for fiscal year
2023 for military activities of the De- SEC. 4. PAYMENT TO WIDOWS AND HEIRS OF DE-
the date of enactment of this Act, the Sec- CEASED MEMBERS OF CONGRESS.
retary of Agriculture shall provide to the partment of Defense, for military con-
There is hereby appropriated for fiscal year
Secretary a complete survey of the land struction, and for defense activities of 2023, out of any money in the Treasury not
taken into trust under subsection (d). the Department of Energy, to prescribe otherwise appropriated, for payment to Dean
(f) USE OF LAND.— military personnel strengths for such Swihart, beneficiary of Jacqueline Walorski-
(1) IN GENERAL.—Land taken into trust
fiscal year, and for other purposes; Swihart, late a Representative from the
under subsection (d) may be used for tradi-
which was ordered to lie on the table; State of Indiana, $174,000.
tional and customary uses for the benefit of
the Karuk Tribe. as follows: DIVISION A—CONTINUING
(2) GAMING.—Class II and class III gaming At the appropriate place, insert the fol- APPROPRIATIONS ACT, 2023
under the Indian Gaming Regulatory Act (25 lowing: The following sums are hereby appro-
ctelli on DSK11ZRN23PROD with SENATE
U.S.C. 2701 et seq.) shall not be allowed on SEC. ll. INVESTIGATIONS OF DEPARTMENT OF priated, out of any money in the Treasury
the land taken into trust under subsection JUSTICE PERSONNEL. not otherwise appropriated, and out of appli-
(d). Section 8E of the Inspector General Act of cable corporate or other revenues, receipts,
(g) WILD AND SCENIC RIVERS MANAGE- 1978 (5 U.S.C. App.) is amended— and funds, for the several departments, agen-
MENT.— (1) in subsection (b)— cies, corporations, and other organizational
(1) IN GENERAL.—Nothing in this section af- (A) in paragraph (2), by striking ‘‘and para- units of Government for fiscal year 2023, and
fects the status or administration of any graph (3)’’; for other purposes, namely:
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5095
SEC. 101. Such amounts as may be nec- (b) No appropriation or funds made avail- SEC. 112. Amounts made available under
essary, at a rate for operations as provided able or authority granted pursuant to sec- section 101 for civilian personnel compensa-
in the applicable appropriations Acts for fis- tion 101 for the Department of Defense shall tion and benefits in each department and
cal year 2022 and under the authority and be used to initiate multi-year procurements agency may be apportioned up to the rate for
conditions provided in such Acts, for con- utilizing advance procurement funding for operations necessary to avoid furloughs
tinuing projects or activities (including the economic order quantity procurement unless within such department or agency, con-
costs of direct loans and loan guarantees) specifically appropriated later. sistent with the applicable appropriations
that are not otherwise specifically provided SEC. 103. Appropriations made by section Act for fiscal year 2022, except that such au-
for in this Act, that were conducted in fiscal 101 shall be available to the extent and in the thority provided under this section shall not
year 2022, and for which appropriations, manner that would be provided by the perti- be used until after the department or agency
funds, or other authority were made avail- nent appropriations Act. has taken all necessary actions to reduce or
able in the following appropriations Acts: SEC. 104. Except as otherwise provided in defer non-personnel-related administrative
(1) The Agriculture, Rural Development, section 102, no appropriation or funds made expenses.
Food and Drug Administration, and Related available or authority granted pursuant to SEC. 113. Funds appropriated by this Act
Agencies Appropriations Act, 2022 (division A section 101 shall be used to initiate or re- may be obligated and expended notwith-
of Public Law 117–103), except section 783, sume any project or activity for which ap- standing section 10 of Public Law 91–672 (22
and except that section 785 shall be applied propriations, funds, or other authority were U.S.C. 2412), section 15 of the State Depart-
by substituting ‘‘$125,000,000’’ for not available during fiscal year 2022. ment Basic Authorities Act of 1956 (22 U.S.C.
‘‘$250,000,000’’. SEC. 105. Appropriations made and author- 2680), section 313 of the Foreign Relations
(2) The Commerce, Justice, Science, and ity granted pursuant to this Act shall cover Authorization Act, Fiscal Years 1994 and 1995
Related Agencies Appropriations Act, 2022 all obligations or expenditures incurred for (22 U.S.C. 6212), and section 504(a)(1) of the
(division B of Public Law 117–103), except sec- any project or activity during the period for National Security Act of 1947 (50 U.S.C.
tion 521(c)(1). which funds or authority for such project or 3094(a)(1)).
(3) The Department of Defense Appropria- activity are available under this Act.
SEC. 106. Unless otherwise provided for in SEC. 114. Each amount incorporated by ref-
tions Act, 2022 (division C of Public Law 117– erence in this Act that was previously des-
103). this Act or in the applicable appropriations
Act for fiscal year 2023, appropriations and ignated by the Congress as an emergency re-
(4) The Energy and Water Development and quirement pursuant to sections 4001(a)(1) and
Related Agencies Appropriations Act, 2022 funds made available and authority granted
pursuant to this Act shall be available until 4001(b) of S. Con. Res. 14 (117th Congress), the
(division D of Public Law 117–103). concurrent resolution on the budget for fis-
(5) The Financial Services and General whichever of the following first occurs:
(1) The enactment into law of an appro- cal year 2022, or as being for disaster relief
Government Appropriations Act, 2022 (divi- pursuant to section 4005(f) of such concur-
sion E of Public Law 117–103), except the priation for any project or activity provided
for in this Act. rent resolution, is designated as being an
matter under the heading ‘‘Postal Regu- emergency requirement pursuant to section
latory Commission’’ in title V. (2) The enactment into law of the applica-
ble appropriations Act for fiscal year 2023 4001(a)(1) of such concurrent resolution and
(6) The Department of Homeland Security section 1(e) of H. Res. 1151 (117th Congress),
Appropriations Act, 2022 (division F of Public without any provision for such project or ac-
tivity. as engrossed in the House of Representatives
Law 117–103), except sections 544 and 545, and on June 8, 2022, or as being for disaster relief
including title II of division O of Public Law (3) December 16, 2022.
SEC. 107. Expenditures made pursuant to pursuant to section 1(f) of such House resolu-
117–103. tion, respectively.
(7) The Department of the Interior, Envi- this Act shall be charged to the applicable
appropriation, fund, or authorization when- SEC. 115. (a) Rescissions or cancellations of
ronment, and Related Agencies Appropria-
ever a bill in which such applicable appro- discretionary budget authority that con-
tions Act, 2022 (division G of Public Law 117–
priation, fund, or authorization is contained tinue pursuant to section 101 in Treasury Ap-
103).
is enacted into law. propriations Fund Symbols (TAFS)—
(8) The Departments of Labor, Health and
SEC. 108. Appropriations made and funds (1) to which other appropriations are not
Human Services, and Education, and Related
made available by or authority granted pur- provided by this Act, but for which there is
Agencies Appropriations Act, 2022 (division H
suant to this Act may be used without re- a current applicable TAFS that does receive
of Public Law 117–103), and section 162 of di-
gard to the time limitations for submission an appropriation in this Act; or
vision A of Public Law 117–43.
and approval of apportionments set forth in (2) which are no-year TAFS and receive
(9) The Legislative Branch Appropriations
section 1513 of title 31, United States Code, other appropriations in this Act,
Act, 2022 (division I of Public Law 117–103),
but nothing in this Act may be construed to may be continued instead by reducing the
and section 6 in the matter preceding divi-
waive any other provision of law governing rate for operations otherwise provided by
sion A of Public Law 117–103.
the apportionment of funds. section 101 for such current applicable TAFS,
(10) The Military Construction, Veterans
SEC. 109. Notwithstanding any other provi- as long as doing so does not impinge on the
Affairs, and Related Agencies Appropriations
sion of this Act, except section 106, for those final funding prerogatives of the Congress.
Act, 2022 (division J of Public Law 117–103).
programs that would otherwise have high (b) Rescissions or cancellations described
(11) The Department of State, Foreign Op-
initial rates of operation or complete dis- in subsection (a) shall continue in an amount
erations, and Related Programs Appropria-
tribution of appropriations at the beginning equal to the lesser of—
tions Act, 2022 (division K of Public Law 117–
of fiscal year 2023 because of distributions of (1) the amount specified for rescission or
103), except the first proviso of section
funding to States, foreign countries, grant- cancellation in the applicable appropriations
7069(e).
ees, or others, such high initial rates of oper- Act referenced in section 101 of this Act; or
(12) The Transportation, Housing and
ation or complete distribution shall not be (2) the amount of balances available, as of
Urban Development, and Related Agencies
made, and no grants shall be awarded for October 1, 2022, from the funds specified for
Appropriations Act, 2022 (division L of Public
such programs funded by this Act that would rescission or cancellation in the applicable
Law 117–103).
impinge on final funding prerogatives. appropriations Act referenced in section 101
SEC. 102. (a) No appropriation or funds SEC. 110. This Act shall be implemented so
made available or authority granted pursu- of this Act.
that only the most limited funding action of
ant to section 101 for the Department of De- that permitted in the Act shall be taken in (c) No later than November 21, 2022, the Di-
fense shall be used for: order to provide for continuation of projects rector of the Office of Management and
(1) the new production of items not funded and activities. Budget shall provide to the Committees on
for production in fiscal year 2022 or prior SEC. 111. (a) For entitlements and other Appropriations of the House of Representa-
years; mandatory payments whose budget author- tives and the Senate a comprehensive list of
(2) the increase in production rates above ity was provided in appropriations Acts for the rescissions or cancellations that will
those sustained with fiscal year 2022 funds; fiscal year 2022, and for activities under the continue pursuant to section 101: Provided,
or Food and Nutrition Act of 2008, activities That the information in such comprehensive
(3) the initiation, resumption, or continu- shall be continued at the rate to maintain list shall be periodically updated to reflect
ation of any project, activity, operation, or program levels under current law, under the any subsequent changes in the amount of
organization (defined as any project, sub- authority and conditions provided in the ap- balances available, as of October 1, 2022, from
project, activity, budget activity, program plicable appropriations Act for fiscal year the funds specified for rescission or cancella-
element, and subprogram within a program 2022, to be continued through the date speci- tion in the applicable appropriations Act ref-
element, and for any investment items de- fied in section 106(3). erenced in section 101, and such updates shall
ctelli on DSK11ZRN23PROD with SENATE
fined as a P–1 line item in a budget activity (b) Notwithstanding section 106, obliga- be transmitted to the Committees on Appro-
within an appropriation account and an R–1 tions for mandatory payments due on or priations of the House of Representatives
line item that includes a program element about the first day of any month that begins and the Senate upon request.
and subprogram element within an appro- after October 2022 but not later than 30 days SEC. 116. Amounts made available by sec-
priation account) for which appropriations, after the date specified in section 106(3) may tion 101 for ‘‘Farm Service Agency—Agricul-
funds, or other authority were not available continue to be made, and funds shall be tural Credit Insurance Fund Program Ac-
during fiscal year 2022. available for such payments. count’’ may be apportioned up to the rate for
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S5096 CONGRESSIONAL RECORD — SENATE September 27, 2022
operations necessary to accommodate ap- apply to a transfer of funds under this sub- water and wastewater infrastructure under
proved applications for direct and guaran- section: Provided further, That the exercise of section 219 of the Water Resources Develop-
teed farm ownership loans, as authorized by the authority of this subsection shall be sub- ment Act of 1992 (106 Stat. 4835): Provided,
7 U.S.C. 1922 et seq. ject to prior consultation with, and the reg- That such amount is designated by the Con-
SEC. 117. Amounts made available by sec- ular notification procedures of, the Commit- gress as being for an emergency requirement
tion 101 to the Department of Agriculture for tees on Appropriations of the House of Rep- pursuant to section 4001(a)(1) of S. Con. Res.
‘‘Rural Business—Cooperative Service— resentatives and the Senate: Provided further, 14 (117th Congress), the concurrent resolu-
Rural Microentrepreneur Assistance Pro- That any funds transferred pursuant to this tion on the budget for fiscal year 2022, and
gram’’ may be used for the costs of loans, in- subsection that were previously designated section 1(e) of H. Res. 1151 (117th Congress),
cluding the cost of modifying such loans, as by the Congress as an emergency require- as engrossed in the House of Representatives
defined in section 502 of the Congressional ment pursuant to the concurrent resolution on June 8, 2022.
Budget Act of 1974, under the same terms and on the budget are designated by the Congress SEC. 126. (a) During the period covered by
conditions as authorized by section 379E of as being for an emergency requirement pur- this Act, title I of Public Law 108–361 (the
the Consolidated Farm and Rural Develop- suant to section 4001(a)(1) of S. Con. Res. 14 Calfed Bay-Delta Authorization Act) (118
ment Act (7 U.S.C. 2008s). (117th Congress), the concurrent resolution Stat. 1681), as amended by section 204 of divi-
SEC. 118. Section 260 of the Agricultural on the budget for fiscal year 2022, and section sion D of Public Law 117–103, shall be applied
Marketing Act of 1946 (7 U.S.C. 1636i) and 1(e) of H. Res. 1151 (117th Congress), as en- by substituting ‘‘2023’’ for ‘‘2022’’ each place
section 942 of the Livestock Mandatory Re- grossed in the House of Representatives on it appears.
porting Act of 1999 (7 U.S.C. 1635 note; Public June 8, 2022. (b) During the period covered by this Act,
Law 106–78) shall be applied by substituting (b) Not later than November 1, 2022 and section 103(f)(4)(A) of title I of Public Law
the date specified in section 106(3) of this Act prior to any transfer of funds pursuant to 108–361 (the Calfed Bay-Delta Authorization
for ‘‘September 30, 2022’’. subsection (a), the Director of the Office of Act) (118 Stat. 1696) shall be applied by sub-
SEC. 119. Amounts made available by sec- Management and Budget shall provide to the stituting ‘‘$25,650,000’’ for ‘‘$25,000,000’’.
tion 101 to the Department of Commerce for SEC. 127. (a) During the period covered by
Committees on Appropriations of the House
‘‘Economic Development Administration— this Act, section 9106(g)(2) of Public Law 111–
of Representatives and the Senate a written
Salaries and Expenses’’ may be apportioned 11 (Omnibus Public Land Management Act of
report on Operation Allies Welcome or any
up to the rate for operations necessary to 2009) shall be applied by substituting ‘‘2023’’
successor operation: Provided, That such re-
for ‘‘2022’’.
maintain agency operations. port shall describe the number and status of (b) During the period covered by this Act,
SEC. 120. Amounts made available by sec- Afghans residing at Department of Defense section 104(c) of the Reclamation States
tion 101 for ‘‘Department of Commerce—Na- and Department of State-managed facilities Emergency Drought Relief Act of 1991 (43
tional Telecommunications and Information and any anticipated future arrivals at such U.S.C. 2214(c)) shall be applied by sub-
Administration—Salaries and Expenses’’ facilities; the strategy and plan, including stituting ‘‘2023’’ for ‘‘2022’’.
may be apportioned up to the rate for oper- timeline, for adjudicating and relocating all (c) During the period covered by this Act,
ations necessary to ensure continued over- Afghans residing at Department of Defense section 301 of the Reclamation States Emer-
sight of public safety communications pro- or overseas civilian facilities and for the gency Drought Relief Act of 1991 (43 U.S.C.
grams. transition of operations and responsibilities 2241) shall be applied by substituting ‘‘2023’’
SEC. 121. In addition to amounts otherwise under Operation Allies Welcome or any suc- for ‘‘2022’’.
provided by section 101, for ‘‘Department of cessor operation from the Department of De- SEC. 128. In addition to amounts otherwise
Justice—Federal Bureau of Investigation— fense to the Department of State during fis- provided by section 101, amounts are pro-
Salaries and Expenses’’, there is appro- cal year 2023; the activities and responsibil- vided for ‘‘Department of the Treasury—Al-
priated $15,300,000, for an additional amount ities assigned to each Federal agency in- cohol and Tobacco Tax and Trade Bureau—
for fiscal year 2023, to remain available until volved in such strategy and plan; and a spend Salaries and Expenses’’ at a rate for oper-
September 30, 2023, for investigative activi- plan, containing an estimate of the costs, in- ations of $14,929,000, for an additional
ties associated with Afghan resettlement op- cluding additional construction and security amount to administer the Craft Beverage
erations: Provided, That such amount is des- costs, to be incurred by each such agency for Modernization Act import claims program,
ignated by the Congress as being for an carrying out such strategy and plan, and the as required by the Taxpayer Certainty and
emergency requirement pursuant to section sources of funds: Provided further, That prior Disaster Tax Relief Act of 2020, and such
4001(a)(1) of S. Con. Res. 14 (117th Congress), to the initial obligation of funds transferred amounts may be apportioned up to the rate
the concurrent resolution on the budget for to the Department of State pursuant to sub- for operations necessary to establish and im-
fiscal year 2022, and section 1(e) of H. Res. section (a), the Secretary of State shall sub- plement a new import claims program.
1151 (117th Congress), as engrossed in the mit a report to such Committees detailing SEC. 129. Notwithstanding section 101, title
House of Representatives on June 8, 2022. the roles and responsibilities of Department II of division E of Public Law 117–103 shall be
SEC. 122. (a) Notwithstanding sections 101 of State bureaus and offices in Operation Al- applied by adding the following new heading
and 106, through September 30, 2023, the Sec- lies Welcome or any successor operation. and appropriation language under the head-
retary of Defense may transfer up to SEC. 123. During the period covered by this ing ‘‘Executive Office of the President and
$3,000,000,000 from unobligated balances from Act, section 714(b)(2)(B) of title 10, United Funds Appropriated to the President’’:
amounts made available under the heading States Code, shall be applied by substituting ‘‘OFFICE OF THE NATIONAL CYBER DIRECTOR
‘‘Department of Defense—Operation and ‘‘three years’’ for ‘‘two years’’. ‘‘SALARIES AND EXPENSES
Maintenance—Overseas Humanitarian, Dis- SEC. 124. (a) Of the remaining unobligated ‘‘For necessary expenses of the Office of
aster, and Civic Aid’’ in division C of Public balances, as of September 30, 2022, from the National Cyber Director, as authorized
Law 117–43 and division B of Public Law 117– amounts provided under the heading ‘‘Af- by section 1752 of the William M. (Mac)
70 to any appropriation account under the ghanistan Security Forces Fund’’ in title IX Thornberry National Defense Authorization
headings ‘‘Department of State and Related of division C of Public Law 116–260, Act for Fiscal Year 2021 (Public Law 116–283),
Agency—Department of State—Administra- $100,000,000 is hereby permanently rescinded, $21,000,000, of which not to exceed $5,000 shall
tion of Foreign Affairs’’, ‘‘Bilateral Eco- and in addition to amounts otherwise pro- be available for official reception and rep-
nomic Assistance—Department of State—Mi- vided by section 101, an amount of additional resentation expenses.’’.
gration and Refugee Assistance’’, and ‘‘Bilat- new budget authority equivalent to the SEC. 130. Notwithstanding section 101,
eral Economic Assistance—Department of amount rescinded pursuant to this sub- amounts are provided for ‘‘The Judiciary—
State—United States Emergency Refugee section is hereby appropriated on September Courts of Appeals, District Courts, and Other
and Migration Assistance Fund’’ for support 30, 2022, for an additional amount for fiscal Judicial Services—Fees of Jurors and Com-
of Operation Allies Welcome or any suc- year 2022, to remain available until Sep- missioners’’ at a rate for operations of
cessor operation: Provided, That upon trans- tember 30, 2025, for the same purposes and $59,565,000.
fer, such funds shall be merged with the ap- under the same authorities provided under SEC. 131. In addition to amounts otherwise
propriation to which such funds are trans- such heading in Public Law 116–260, in addi- provided by section 101, for ‘‘The Judiciary—
ferred except that such funds may be made tion to other funds as may be available for Courts of Appeals, District Courts, and Other
available for such purposes notwithstanding such purposes. Judicial Services—Court Security’’, there is
any requirement or limitation applicable to (b)(1) Subject to paragraph (2), this section appropriated $112,500,000, for an additional
the appropriation to which transferred, in- shall become effective immediately upon en- amount for fiscal year 2023, to remain avail-
cluding sections 2(c)(1) and 2(c)(2) of the Mi- actment of this Act. able until expended, for security improve-
gration and Refugee Assistance Act of 1962 (2) If this Act is enacted after September ments at United States courthouses and Fed-
with respect to the United States Emergency 30, 2022, this section shall be applied as if it eral court facilities: Provided, That not later
ctelli on DSK11ZRN23PROD with SENATE
Refugee and Migration Assistance Fund and were in effect on September 30, 2022. than 90 days after the date of enactment of
in sections 4(a) and 4(b) of the State Depart- SEC. 125. In addition to amounts otherwise this Act, and every 90 days thereafter until
ment Basic Authorities Act of 1956 with re- provided by section 101, for ‘‘Corps of Engi- all funds provided by this section have been
spect to funds transferred to the Emer- neers—Civil—Construction’’, there is appro- expended, the Director of the Administrative
gencies in the Diplomatic and Consular Serv- priated $20,000,000, for an additional amount Office of the United States Courts shall pro-
ice account: Provided further, That section for fiscal year 2023, to remain available until vide, in an appropriate format, quarterly re-
2215 of title 10, United States Code, shall not expended, for necessary expenses related to ports on the obligations and expenditures of
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5097
the funds provided under this section to the be derived from amounts made available for provided for ‘‘Department of Health and
Committees on Appropriations of the House major disasters declared pursuant to the Human Services—Indian Health Service—In-
of Representatives and the Senate: Provided Robert T. Stafford Disaster Relief and Emer- dian Health Services’’ at a rate for oper-
further, That such amount is designated by gency Assistance Act (42 U.S.C. 5121 et seq.): ations of $16,721,000, for an additional
the Congress as being for an emergency re- Provided further, That amounts provided by amount for costs of staffing and operating
quirement pursuant to section 4001(a)(1) of S. this section shall be subject to the same au- facilities that were opened, renovated, or ex-
Con. Res. 14 (117th Congress), the concurrent thorities and conditions as if such amounts panded in fiscal years 2022 and 2023, and such
resolution on the budget for fiscal year 2022, were provided by title III of the Department amounts may be apportioned up to the rate
and section 1(e) of H. Res. 1151 (117th Con- of Homeland Security Appropriations Act, for operations necessary to staff and operate
gress), as engrossed in the House of Rep- 2022 (division F of Public Law 117–103): Pro- such facilities.
resentatives on June 8, 2022. vided further, That not later than 90 days (b) In addition to amounts otherwise pro-
SEC. 132. Notwithstanding any other provi- after the date of enactment of this Act, and vided by section 101, amounts are provided
sion of this Act, except section 106, the Dis- every 90 days thereafter until all funds pro- for ‘‘Department of Health and Human Serv-
trict of Columbia may expend local funds vided by this section have been expended, the ices—Indian Health Service—Indian Health
made available under the heading ‘‘District Administrator of the Federal Emergency Facilities’’ at a rate for operations of
of Columbia—District of Columbia Funds’’ Management Agency shall provide, in an ap- $1,201,000, for an additional amount for costs
for such programs and activities under the propriate format, quarterly reports to the of staffing and operating facilities that were
District of Columbia Appropriations Act, Committees on Appropriations of the Senate opened, renovated, or expanded in fiscal
2022 (title IV of division E of Public Law 117– and the House of Representatives on the ob- years 2022 and 2023, and such amounts may
103) at the rate set forth in the Fiscal Year ligations and expenditures of the funds made be apportioned up to the rate for operations
2023 Local Budget Act of 2022 (D.C. Act 24– available by this section: Provided further, necessary to staff and operate such facilities.
486), as modified as of the date of enactment That amounts transferred by this section SEC. 145. In addition to amounts otherwise
of this Act. that were previously designated by the Con- provided by section 101, for ‘‘Department of
SEC. 133. In addition to amounts otherwise gress as an emergency requirement pursuant Health and Human Services—Substance
provided by section 101, amounts are pro- to the Balanced Budget and Emergency Def- Abuse and Mental Health Services Adminis-
vided for ‘‘Small Business Administration— icit Control Act of 1985 or a concurrent reso- tration—Mental Health’’, there is appro-
Salaries and Expenses’’ at a rate for oper- lution on the budget are designated as an priated $62,000,000, for an additional amount
ations of $20,000,000, for an additional emergency requirement pursuant to section for fiscal year 2023, to remain available until
amount for costs associated with the estab- 4001(a)(1) of S. Con. Res. 14 (117th Congress), September 30, 2023, for carrying out 988 Sui-
lishment and implementation of a Govern- the concurrent resolution on the budget for cide Lifeline activities and behavioral health
ment-wide service-disabled veteran-owned fiscal year 2022, and section 1(e) of H. Res. crisis services.
small business certification program within 1151 (117th Congress), as engrossed in the SEC. 146. In addition to amounts otherwise
the Small Business Administration, as re- House of Representatives on June 8, 2022. provided by section 101, for ‘‘Department of
quired by section 36 of the Small Business SEC. 137. Section 708(b)(13) of the Homeland Health and Human Services—Administration
Act (15 U.S.C. 657f) and section 862 of Public Security Act of 2002 (6 U.S.C. 348(b)(13)) shall for Children and Families—Low Income
Law 116–283: Provided, That such amounts be applied by substituting the date specified Home Energy Assistance’’, there is appro-
may be apportioned up to the rate for oper- in section 106(3) of this Act for ‘‘September priated $1,000,000,000, for an additional
ations necessary to establish and implement 30, 2022’’. amount for fiscal year 2023, to remain avail-
such certification program: Provided further, SEC. 138. During the period covered by this able until September 30, 2023, for making
That such amounts may be obligated in the Act, section 822(a) of the Homeland Security payments under subsection (b) of section 2602
Act of 2002 (6 U.S.C. 383(a)) shall be applied of the Low-Income Home Energy Assistance
account and budget structure set forth in
by substituting ‘‘2023’’ for ‘‘2022’’. Act of 1981 (42 U.S.C. 8621 et seq.): Provided,
H.R. 8294, as passed by the House of Rep-
SEC. 139. (a) Sections 1309(a) and 1319 of the That of the funds made available by this sec-
resentatives on July 20, 2022.
SEC. 134. Amounts made available by sec- National Flood Insurance Act of 1968 (42 tion, $500,000,000 shall be allocated as though
tion 101 for ‘‘Small Business Administra- U.S.C. 4016(a) and 4026) shall be applied by the total appropriation for such payments
tion—Business Loans Program Account’’ substituting the date specified in section for fiscal year 2023 was less than
may be apportioned up to the rate for oper- 106(3) of this Act for ‘‘September 30, 2022’’. $1,975,000,000: Provided further, That such
ations necessary to accommodate increased (b)(1) Subject to paragraph (2), this section amount is designated by the Congress as
demand for commitments for general busi- shall become effective immediately upon en- being for an emergency requirement pursu-
actment of this Act. ant to section 4001(a)(1) of S. Con. Res. 14
ness loans authorized under paragraphs (1)
(2) If this Act is enacted after September (117th Congress), the concurrent resolution
through (35) of section 7(a) of the Small Busi-
30, 2022, this section shall be applied as if it on the budget for fiscal year 2022, and section
ness Act (15 U.S.C. 636(a)), for guarantees of
were in effect on September 30, 2022. 1(e) of H. Res. 1151 (117th Congress), as en-
trust certificates authorized by section 5(g)
SEC. 140. Section 880(g) of the National De- grossed in the House of Representatives on
of the Small Business Act (15 U.S.C. 634(g)),
fense Authorization Act for Fiscal Year 2017 June 8, 2022.
for commitments to guarantee loans under SEC. 147. In addition to amounts otherwise
(Public Law 114–328) shall be applied by sub-
section 503 of the Small Business Investment provided by section 101, for ‘‘Department of
stituting the date specified in section 106(3)
Act of 1958 (15 U.S.C. 697), and for commit- of this Act for ‘‘September 30, 2022’’. Health and Human Services—Administration
ments to guarantee loans for debentures SEC. 141. Section 210G(i) of the Homeland for Children and Families—Refugee and En-
under section 303(b) of the Small Business In- Security Act of 2002 (6 U.S.C. 124n(i)) shall be trant Assistance’’, there is appropriated
vestment Act of 1958 (15 U.S.C. 683(b)). applied by substituting the date specified in $1,775,000,000, for an additional amount for
SEC. 135. Amounts made available by sec- section 106(3) of this Act for ‘‘the date that is fiscal year 2023, to remain available until
tion 101 to the Department of Homeland Se- 4 years after the date of enactment of this September 30, 2025, to carry out section 462 of
curity under the heading ‘‘Federal Emer- section’’. the Homeland Security Act of 2002 and sec-
gency Management Agency—Disaster Relief SEC. 142. Amounts made available by sec- tion 235 of the William Wilberforce Traf-
Fund’’ may be apportioned up to the rate for tion 101 for ‘‘Department of the Interior—Na- ficking Victims Protection Reauthorization
operations necessary to carry out response tional Park Service—National Recreation Act of 2008, and for refugee and entrant as-
and recovery activities under the Robert T. and Preservation’’ for heritage partnership sistance activities authorized by section 414
Stafford Disaster Relief and Emergency As- programs may be used to provide financial of the Immigration and Nationality Act and
sistance Act (42 U.S.C. 5121 et seq.). assistance to any national heritage area, na- section 501 of the Refugee Education Assist-
SEC. 136. Notwithstanding sections 101, 104, tional heritage corridor, cultural heritage ance Act of 1980: Provided, That such amount
and 106, to carry out the Hermit’s Peak/Calf corridor, national heritage partnership, na- is designated by the Congress as being for an
Canyon Fire Assistance Act, there is appro- tional heritage route, national heritage emergency requirement pursuant to section
priated $2,500,000,000, to remain available canalway, and battlefields national historic 4001(a)(1) of S. Con. Res. 14 (117th Congress),
until expended, to the Department of Home- district established as of September 1, 2022, the concurrent resolution on the budget for
land Security for ‘‘Federal Emergency Man- notwithstanding any statutory sunset provi- fiscal year 2022, and section 1(e) of H. Res.
agement Agency—Hermit’s Peak/Calf Can- sion terminating the Secretary’s authority 1151 (117th Congress), as engrossed in the
yon Fire Assistance Account’’, which shall to provide assistance to any such area and House of Representatives on June 8, 2022.
be derived by transfer from amounts made notwithstanding any limitation on amounts SEC. 148. Notwithstanding section 101, the
available under the heading ‘‘Federal Emer- authorized to be appropriated with respect to first paragraph under the heading ‘‘Social
gency Management Agency—Disaster Relief any such area. Security Administration—Limitation on Ad-
Fund’’ in title VI of division B of the SEC. 143. Amounts made available by sec- ministrative Expenses’’ in title IV of divi-
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Coronavirus Aid, Relief, and Economic Secu- tion 101 to the Department of the Interior sion H of Public Law 117–103 shall be applied
rity Act (Public Law 116–136), of which under the heading ‘‘Working Capital Fund’’ by substituting ‘‘$13,602,945,000’’ for
$1,000,000 shall be transferred to ‘‘Office of may be apportioned up to the rate for oper- ‘‘$13,202,945,000’’.
the Inspector General—Operations and Sup- ations necessary to implement enterprise cy- SEC. 149. (a) During the period covered by
port’’ for oversight of activities authorized bersecurity safeguards. this Act, subsection (a)(1)(A) of section 2502
by the Hermit’s Peak/Calf Canyon Fire As- SEC. 144. (a) In addition to amounts other- of the Afghanistan Supplemental Appropria-
sistance Act: Provided, That no amounts may wise provided by section 101, amounts are tions Act, 2022 (division C of Public Law 117–
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S5098 CONGRESSIONAL RECORD — SENATE September 27, 2022
43) shall be applied by substituting the date curred in 2021 or 2022 and the fourth, twen- TITLE I
specified in section 106(3) for ‘‘September 30, tieth, and twenty-first provisos under such DEPARTMENT OF DEFENSE
2022’’. heading in such Act shall not apply: Pro- MILITARY PERSONNEL
(b) The amount provided by this section is vided, That amounts made available under
designated as an emergency requirement this section and under such heading in such MILITARY PERSONNEL, ARMY
pursuant to section 4001(a)(1) of S. Con. Res. Act may be used by a grantee to assist utili- For an additional amount for ‘‘Military
14 (117th Congress), the concurrent resolu- ties as part of a disaster-related eligible ac- Personnel, Army’’, $110,107,000, to remain
tion on the budget for fiscal year 2022, and tivity under section 105(a) of the Housing available until September 30, 2023, to respond
section 1(e) of H. Res. 1151 (117th Congress), and Community Development Act of 1974 (42 to the situation in Ukraine and for related
as engrossed in the House of Representatives U.S.C. 5305(a)): Provided further, That such expenses.
on June 8, 2022. amount is designated by the Congress as MILITARY PERSONNEL, NAVY
SEC. 150. Activities authorized by part A of being for an emergency requirement pursu- For an additional amount for ‘‘Military
title IV (other than under section 403(c) or ant to section 4001(a)(1) of S. Con. Res. 14 Personnel, Navy’’, $462,000, to remain avail-
418) and section 1108(b) of the Social Security (117th Congress), the concurrent resolution able until September 30, 2023, to respond to
Act shall continue through the date specified on the budget for fiscal year 2022, and section the situation in Ukraine and for related ex-
in section 106(3), in the manner authorized 1(e) of H. Res. 1151 (117th Congress), as en- penses.
for fiscal year 2022, and out of any money in grossed in the House of Representatives on MILITARY PERSONNEL, MARINE CORPS
the Treasury of the United States not other- June 8, 2022.
wise appropriated, there are hereby appro- SEC. 156. Notwithstanding section 106 of For an additional amount for ‘‘Military
priated such sums as may be necessary for this Act, at any time during fiscal year 2023, Personnel, Marine Corps’’, $600,000, to remain
such purpose. the Secretary of Housing and Urban Develop- available until September 30, 2023, to respond
SEC. 151. Notwithstanding section 101, sec- ment may transfer up to $1,300,000 in unobli- to the situation in Ukraine and for related
tion 126 of division J of Public Law 117–103 gated balances from amounts made available expenses.
shall be applied during the period covered by in prior Acts under the heading ‘‘Housing MILITARY PERSONNEL, AIR FORCE
this Act by substituting ‘‘fiscal year 2017 and Programs—Project-Based Rental Assist- For an additional amount for ‘‘Military
fiscal year 2018’’ for ‘‘fiscal year 2017’’. ance’’ to Treasury Appropriation Fund Sym- Personnel, Air Force’’, $11,582,000, to remain
SEC. 152. Notwithstanding section 101, bol 86 X 0148 for the liquidation of obliga- available until September 30, 2023, to respond
amounts are provided for— tions incurred in fiscal year 2018 in connec- to the situation in Ukraine and for related
(1) ‘‘Department of State and Related tion with the continued provision of interest expenses.
Agency—Department of State—Administra- reduction payments authorized under section OPERATION AND MAINTENANCE
tion of Foreign Affairs—Diplomatic Pro- 236 of the National Housing Act (12 U.S.C.
1715z–1). OPERATION AND MAINTENANCE, ARMY
grams’’ at a rate for operations of
$9,228,789,000; SEC. 157. (a) The remaining unobligated For an additional amount for ‘‘Operation
(2) ‘‘Bilateral Economic Assistance—Funds balances, as of September 30, 2022, from and Maintenance, Army’’, $654,696,000, to re-
Appropriated to the President—Inter- amounts made available for ‘‘Department of main available until September 30, 2023, to
national Disaster Assistance’’ at a rate for Transportation—Office of the Secretary—Na- respond to the situation in Ukraine and for
operations of $4,555,460,000; tional Infrastructure Investments’’ in title I related expenses.
(3) ‘‘Bilateral Economic Assistance—Funds of division H of the Further Consolidated Ap- OPERATION AND MAINTENANCE, NAVY
Appropriated to the President—Transition propriations Act, 2020 (Public Law 116–94) are For an additional amount for ‘‘Operation
Initiatives’’ at a rate for operations of hereby permanently rescinded, and in addi- and Maintenance, Navy’’, $433,035,000, to re-
$100,000,000; tion to amounts otherwise provided by sec- main available until September 30, 2023, to
(4) ‘‘Bilateral Economic Assistance—Funds tion 101, an amount of additional new budget respond to the situation in Ukraine and for
Appropriated to the President—Assistance authority equivalent to the amount re- related expenses.
for Europe, Eurasia and Central Asia’’ at a scinded pursuant to this subsection is hereby
OPERATION AND MAINTENANCE, MARINE CORPS
rate for operations of $850,000,000; appropriated on September 30, 2022, for an
additional amount for fiscal year 2022, to re- For an additional amount for ‘‘Operation
(5) ‘‘Bilateral Economic Assistance—De- and Maintenance, Marine Corps’’, $34,984,000,
partment of State—Migration and Refugee main available until September 30, 2023, and
shall be available, without additional com- to remain available until September 30, 2023,
Assistance’’ at a rate for operations of to respond to the situation in Ukraine and
$3,562,188,000; petition, for completing the funding of
awards made pursuant to the fiscal year 2020 for related expenses.
(6) ‘‘International Security Assistance—
Department of State—International Nar- national infrastructure investments pro- OPERATION AND MAINTENANCE, AIR FORCE
cotics Control and Law Enforcement’’ at a gram, in addition to other funds as may be For an additional amount for ‘‘Operation
rate for operations of $1,421,004,000; and available for such purposes. and Maintenance, Air Force’’, $267,084,000, to
(7) ‘‘International Security Assistance— (b) The remaining unobligated balances, as remain available until September 30, 2023, to
Funds Appropriated to the President—For- of September 30, 2022, from amounts made respond to the situation in Ukraine and for
eign Military Financing Program’’ at a rate available to the Department of Transpor- related expenses.
for operations of $6,190,424,000. tation in section 105 of division L of the Con- OPERATION AND MAINTENANCE, SPACE FORCE
SEC. 153. During the period covered by this solidated Appropriations Act, 2021 (Public
For an additional amount for ‘‘Operation
Act, section 579 of the Multifamily Assisted Law 116–260) are hereby permanently re-
and Maintenance, Space Force’’, $1,771,000, to
Housing Reform and Affordability Act of 1997 scinded, and in addition to amounts other-
remain available until September 30, 2023, to
(42 U.S.C. 1437f note) shall be applied by sub- wise provided by section 101, an amount of
respond to the situation in Ukraine and for
stituting ‘‘2023’’ for ‘‘2022’’ each place it ap- additional new budget authority equivalent
related expenses.
pears. to the amount rescinded pursuant to this
subsection is hereby appropriated on Sep- OPERATION AND MAINTENANCE, DEFENSE-WIDE
SEC. 154. Amounts made available by sec-
tion 101 to the Department of Housing and tember 30, 2022, for an additional amount for (INCLUDING TRANSFER OF FUNDS)
Urban Development for ‘‘Public and Indian fiscal year 2022, to remain available until For an additional amount for ‘‘Operation
Housing—Native Hawaiian Housing Loan September 30, 2023, and shall be available, and Maintenance, Defense-Wide’’,
Guarantee Fund Program Account’’ may be without additional competition, for com- $4,713,544,000, to remain available until Sep-
apportioned up to the rate for operations pleting the funding of awards made pursuant tember 30, 2023, to respond to the situation in
necessary to accommodate demand for com- to the fiscal year 2019 national infrastruc- Ukraine and for related expenses: Provided,
mitments to guarantee loans as authorized ture investments program, in addition to That of the total amount provided under this
by section 184A of the Housing and Commu- other funds as may be available for such pur- heading in this Act, $3,000,000,000, to remain
nity Development Act of 1992 (12 U.S.C. poses. available until September 30, 2024, shall be
1715z–13b). (c)(1) Subject to paragraph (2), this section for the Ukraine Security Assistance Initia-
SEC. 155. In addition to amounts otherwise shall become effective immediately upon en- tive: Provided further, That such funds for the
provided by section 101, for ‘‘Department of actment of this Act. Ukraine Security Assistance Initiative shall
Housing and Urban Development—Commu- (2) If this Act is enacted after September be available to the Secretary of Defense
nity Planning and Development—Commu- 30, 2022, this section shall be applied as if it under the same terms and conditions as are
nity Development Fund’’, there is appro- were in effect on September 30, 2022. provided for in section 8139 of the Depart-
priated $2,000,000,000, for an additional This division may be cited as the ‘‘Con- ment of Defense Appropriations Act, 2022 (di-
amount for fiscal year 2023, to remain avail- tinuing Appropriations Act, 2023’’. vision C of Public Law 117–103): Provided fur-
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able until expended, for the same purposes DIVISION B—UKRAINE SUPPLEMENTAL ther, That of the total amount provided
and under the same terms and conditions as APPROPRIATIONS ACT, 2023 under this heading in this Act, up to
funds appropriated under such heading in The following sums are appropriated, out $1,500,000,000, to remain available until Sep-
title VIII of the Disaster Relief Supple- of any money in the Treasury not otherwise tember 30, 2024, may be transferred to ac-
mental Appropriations Act, 2022 (division B appropriated, for the fiscal year ending Sep- counts under the headings ‘‘Operation and
of Public Law 117–43), except that such tember 30, 2023, and for other purposes, Maintenance’’ and ‘‘Procurement’’ for re-
amounts shall be for major disasters that oc- namely: placement of defense articles from the
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5099
stocks of the Department of Defense, and for $2,077,000, to remain available until Sep- TITLE II
reimbursement for defense services of the tember 30, 2024, to respond to the situation in DEPARTMENT OF ENERGY
Department of Defense and military edu- Ukraine and for related expenses. ATOMIC ENERGY DEFENSE ACTIVITIES
cation and training, provided to the govern- RESEARCH, DEVELOPMENT, TEST AND
ment of Ukraine or to foreign countries that NATIONAL NUCLEAR SECURITY
EVALUATION, AIR FORCE
have provided support to Ukraine at the re- ADMINISTRATION
For an additional amount for ‘‘Research,
quest of the United States: Provided further, DEFENSE NUCLEAR NONPROLIFERATION
Development, Test and Evaluation, Air
That funds transferred pursuant to a transfer Force’’, $99,704,000, to remain available until For an additional amount for ‘‘Defense Nu-
authority provided under this heading in this September 30, 2024, to respond to the situa- clear Nonproliferation’’, $35,000,000, to re-
Act shall be merged with and available for tion in Ukraine and for related expenses. main available until expended, to respond to
the same purposes and for the same time pe- RESEARCH, DEVELOPMENT, TEST AND the situation in Ukraine and for related ex-
riod as the appropriations to which the funds EVALUATION, DEFENSE-WIDE penses.
are transferred: Provided further, That the TITLE III
For an additional amount for ‘‘Research,
Secretary of Defense shall notify the con- BILATERAL ECONOMIC ASSISTANCE
Development, Test and Evaluation, Defense-
gressional defense committees of the details
Wide’’, $31,230,000, to remain available until FUNDS APPROPRIATED TO THE PRESIDENT
of such transfers not less than 15 days before
September 30, 2024, to respond to the situa- ECONOMIC SUPPORT FUND
any such transfer: Provided further, That
tion in Ukraine and for related expenses.
upon a determination that all or part of the For an additional amount for ‘‘Economic
funds transferred from this appropriation are OTHER DEPARTMENT OF DEFENSE Support Fund’’, $4,500,000,000, to remain
not necessary for the purposes provided here- PROGRAMS available until September 30, 2024, for assist-
in, such amounts may be transferred back OFFICE OF THE INSPECTOR GENERAL ance for Ukraine: Provided, That funds appro-
and merged with this appropriation: Provided For an additional amount for ‘‘Office of the priated under this heading in this Act may
further, That the transfer authority provided Inspector General’’, $2,000,000, to remain be made available notwithstanding any other
under this heading in this Act is in addition available until September 30, 2023, to carry provision of law that restricts assistance to
to any other transfer authority provided by out reviews of the activities of the Depart- foreign countries and may be made available
law. ment of Defense to execute funds appro- as contributions.
PROCUREMENT priated in this title, including assistance GENERAL PROVISIONS—THIS TITLE
provided to Ukraine: Provided, That the In-
MISSILE PROCUREMENT, ARMY SEC. 1301. During fiscal year 2023, section
spector General of the Department of De-
For an additional amount for ‘‘Missile Pro- fense shall provide to the congressional de- 506(a)(1) of the Foreign Assistance Act of 1961
curement, Army’’, $450,000,000, to remain fense committees a briefing not later than 90 (22 U.S.C. 2318(a)(1)) shall be applied by sub-
available until September 30, 2025, to respond days after the date of enactment of this Act. stituting ‘‘$3,700,000,000’’ for ‘‘$100,000,000’’.
to the situation in Ukraine and for related SEC. 1302. (a) Funds appropriated by this
RELATED AGENCIES title shall be made available for direct finan-
expenses.
INTELLIGENCE COMMUNITY MANAGEMENT cial support for the Government of Ukraine,
PROCUREMENT OF AMMUNITION, ARMY ACCOUNT including for Ukrainian first responders, and
For an additional amount for ‘‘Procure- For an additional amount for ‘‘Intelligence may be made available as a cash transfer
ment of Ammunition, Army’’, $540,000,000, to Community Management Account’’, $500,000, subject to the requirements of subsection (b):
remain available until September 30, 2025, for to remain available until September 30, 2023, Provided, That such funds shall be provided
expansion of public and private plants, in- to respond to the situation in Ukraine and on a reimbursable basis and matched by
cluding the land necessary therefor, and pro- for related expenses. sources other than the United States Gov-
curement and installation of equipment, ap-
GENERAL PROVISIONS—THIS TITLE ernment, to the maximum extent prac-
pliances, and machine tools in such plants,
SEC. 1101. Not later than 60 days after the ticable: Provided further, That the Secretary
for the purpose of increasing production of
date of enactment of this Act, the Secretary of State or the Administrator of the United
critical munitions to replace defense articles
of Defense, in coordination with the Sec- States Agency for International Develop-
provided to the Government of Ukraine or
retary of State, shall submit a report to the ment, as appropriate, shall ensure third-
foreign countries that have provided support
Committees on Appropriations, Armed Serv- party monitoring of such funds: Provided fur-
to Ukraine at the request of the United
ices, and Foreign Affairs of the House of Rep- ther, That at least 15 days prior to the initial
States.
resentatives and the Committees on Appro- obligation of such funds, the Secretary of
OTHER PROCUREMENT, ARMY priations, Armed Services, and Foreign Rela- State, following consultation with the Ad-
For an additional amount for ‘‘Other Pro- tions of the Senate on measures being taken ministrator of the United States Agency for
curement, Army’’, $3,890,000, to remain avail- to account for United States defense articles International Development, shall certify and
able until September 30, 2025, to respond to designated for Ukraine since the February report to the appropriate congressional com-
the situation in Ukraine and for related ex- 24, 2022, Russian invasion of Ukraine, par- mittees that mechanisms for monitoring and
penses. ticularly measures with regard to such arti- oversight of such funds are in place and func-
OTHER PROCUREMENT, NAVY cles that require enhanced end-use moni- tioning and that the Government of Ukraine
For an additional amount for ‘‘Other Pro- toring; measures to ensure that such articles has in place substantial safeguards to pre-
curement, Navy’’, $2,170,000, to remain avail- reach their intended recipients and are used vent corruption and ensure accountability of
able until September 30, 2025, to respond to for their intended purposes; and any other such funds: Provided further, That not less
the situation in Ukraine and for related ex- measures to promote accountability for the than 45 days after the initial obligation of
penses. use of such articles: Provided, That such re- such funds, the Inspectors General of the De-
OTHER PROCUREMENT, AIR FORCE port shall include a description of any occur- partment of State and the United States
rences of articles not reaching their intended Agency for International Development shall
For an additional amount for ‘‘Other Pro- recipients or used for their intended purposes submit a report to the appropriate congres-
curement, Air Force’’, $437,991,000, to remain and a description of any remedies taken: Pro- sional committees detailing and assessing
available until September 30, 2025, to respond vided further, That such report shall be sub- the mechanisms for monitoring and safe-
to the situation in Ukraine and for other ex- mitted in unclassified form, but may be ac- guards described in the previous proviso.
penses. companied by a classified annex. (b) Funds made available to the Govern-
PROCUREMENT, DEFENSE-WIDE SEC. 1102. Not later than 30 days after the ment of Ukraine as a cash transfer under
For an additional amount for ‘‘Procure- date of enactment of this Act, and every 30 subsection (a) shall be subject to a memo-
ment, Defense-Wide’’, $9,770,000, to remain days thereafter through fiscal year 2023, the randum of understanding between the Gov-
available until September 30, 2025, to respond Secretary of Defense, in coordination with ernments of the United States and Ukraine
to the situation in Ukraine and for related the Secretary of State, shall provide a writ- that describes how the funds proposed to be
expenses. ten report to the Committees on Appropria- made available will be used and the appro-
RESEARCH, DEVELOPMENT, TEST AND tions, Armed Services, and Foreign Affairs of priate safeguards to ensure transparency and
EVALUATION the House of Representatives and the Com- accountability: Provided, That such assist-
RESEARCH, DEVELOPMENT, TEST AND mittees on Appropriations, Armed Services, ance shall be maintained in a separate,
EVALUATION, ARMY and Foreign Relations of the Senate describ- auditable account and may not be comingled
ing United States security assistance pro- with any other funds.
For an additional amount for ‘‘Research, vided to Ukraine since the February 24, 2022, (c) The Secretary of State or the Adminis-
Development, Test and Evaluation, Army’’, Russian invasion of Ukraine, including a trator of the United States Agency for Inter-
ctelli on DSK11ZRN23PROD with SENATE
$3,300,000, to remain available until Sep- comprehensive list of the defense articles national Development, as appropriate, shall
tember 30, 2024, to respond to the situation in and services provided to Ukraine and the as- report to the appropriate congressional com-
Ukraine and for related expenses. sociated authority and funding used to pro- mittees on the uses of funds provided for di-
RESEARCH, DEVELOPMENT, TEST AND vide such articles and services: Provided, rect financial support to the Government of
EVALUATION, NAVY That such report shall be submitted in un- Ukraine pursuant to subsection (a) not later
For an additional amount for ‘‘Research, classified form, but may be accompanied by than 45 days after the date of enactment of
Development, Test and Evaluation, Navy’’, a classified annex. this Act and every 45 days thereafter until
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S5100 CONGRESSIONAL RECORD — SENATE September 27, 2022
all such funds have been expended: Provided, succeeding division shall not be entered on (2) in clause (ii)(II), by striking ‘‘October 1,
That such report shall include a detailed de- either PAYGO scorecard maintained pursu- 2022’’ and inserting ‘‘December 17, 2022’’.
scription of the use of such funds, including ant to section 4(d) of the Statutory Pay-As- (b) CONFORMING AMENDMENTS.—
categories and amounts, the intended results You-Go Act of 2010. (1) EXTENSION OF TARGET AMOUNT.—Section
and the results achieved, a summary of other (b) SENATE PAYGO SCORECARDS.—The 1886(b)(3)(D) of the Social Security Act (42
donor contributions, and a description of the budgetary effects of this division and each U.S.C. 1395ww(b)(3)(D)) is amended—
efforts undertaken by the Secretary and Ad- succeeding division shall not be entered on (A) in the matter preceding clause (i), by
ministrator to increase other donor con- any PAYGO scorecard maintained for pur- striking ‘‘October 1, 2022’’ and inserting ‘‘De-
tributions for direct financial support: Pro- poses of section 4106 of H. Con. Res. 71 (115th cember 17, 2022’’; and
vided further, That such report shall also in- Congress). (B) in clause (iv), by inserting ‘‘and the
clude the metrics established to measure (c) CLASSIFICATION OF BUDGETARY EF- portion of fiscal year 2023 beginning on Octo-
such results. FECTS.—Notwithstanding Rule 3 of the Budg- ber 1, 2022, and ending on December 16, 2022,’’
(d) Funds made available for the purposes et Scorekeeping Guidelines set forth in the after ‘‘through fiscal year 2022’’.
of subsection (a) shall be subject to the reg- joint explanatory statement of the com- (2) PERMITTING HOSPITALS TO DECLINE RE-
ular notification procedures of the Commit- mittee of conference accompanying Con- CLASSIFICATION.—Section 13501(e)(2) of the
tees on Appropriations of the House of Rep- ference Report 105–217 and section 250(c)(8) of Omnibus Budget Reconciliation Act of 1993
resentatives and the Senate. the Balanced Budget and Emergency Deficit (42 U.S.C. 1395ww note) is amended by strik-
TITLE IV Control Act of 1985, the budgetary effects of ing ‘‘or fiscal year 2000 through fiscal year
GENERAL PROVISIONS—THIS ACT this division and each succeeding division 2022,’’ and inserting ‘‘fiscal year 2000 through
shall not be estimated— fiscal year 2022, or the portion of fiscal year
SEC. 1401. Each amount appropriated or
(1) for purposes of section 251 of such Act; 2023 beginning on October 1, 2022, and ending
made available by this Act is in addition to
(2) for purposes of an allocation to the on December 16, 2022’’.
amounts otherwise appropriated for the fis-
Committee on Appropriations pursuant to SEC. 103. EXTENSION OF INCREASED FMAPS FOR
cal year involved.
SEC. 1402. No part of any appropriation section 302(a) of the Congressional Budget THE TERRITORIES.
contained in this Act shall remain available Act of 1974; and Section 1905(ff) of the Social Security Act
for obligation beyond the current fiscal year (3) for purposes of paragraph (4)(C) of sec- (42 U.S.C. 1396d(ff)) is amended by striking
unless expressly so provided herein. tion 3 of the Statutory Pay-As-You-Go Act ‘‘December 13’’ each place it appears and in-
SEC. 1403. Unless otherwise provided for by of 2010 as being included in an appropriation serting ‘‘December 16’’ in each such place.
this Act, the additional amounts appro- Act. SEC. 104. REDUCTION OF MEDICARE IMPROVE-
priated by this Act to appropriations ac- DIVISION D—HEALTH AND HUMAN MENT FUND.
counts shall be available under the authori- SERVICES EXTENSIONS Section 1898(b)(1) of the Social Security
ties and conditions applicable to such appro- TITLE I—MEDICARE AND MEDICAID Act (42 U.S.C. 1395iii(b)(1)) is amended by
priations accounts for fiscal year 2023. striking ‘‘$7,500,000,000’’ and inserting
SEC. 101. EXTENSION OF INCREASED INPATIENT
SEC. 1404. Each amount provided by this di- HOSPITAL PAYMENT ADJUSTMENT
‘‘$7,308,000,000’’.
vision is designated by the Congress as being FOR CERTAIN LOW-VOLUME HOS- TITLE II—HUMAN SERVICES
for an emergency requirement pursuant to PITALS. SEC. 201. EXTENSION OF MATERNAL, INFANT,
section 4001(a)(1) of S. Con. Res. 14 (117th (a) IN GENERAL.—Section 1886(d)(12) of the AND EARLY CHILDHOOD HOME VIS-
Congress), the concurrent resolution on the Social Security Act (42 U.S.C. 1395ww(d)(12)) ITING PROGRAMS.
budget for fiscal year 2022, and section 1(e) of is amended— Activities authorized by section 511 of the
H. Res. 1151 (117th Congress), as engrossed in (1) in subparagraph (B), in the matter pre- Social Security Act shall continue through
the House of Representatives on June 8, 2022. ceding clause (i), by striking ‘‘in fiscal year December 16, 2022, in the manner authorized
This division may be cited as the ‘‘Ukraine 2023 and subsequent fiscal years’’ and insert- for fiscal year 2022, and out of any money in
Supplemental Appropriations Act, 2023’’. ing ‘‘during the portion of fiscal year 2023 be- the Treasury of the United States not other-
DIVISION C—OTHER MATTERS ginning on December 17, 2022, and ending on wise appropriated, there is hereby appro-
TITLE I—EXTENSIONS, TECHNICAL September 30, 2023, and in fiscal year 2024 priated for such purpose an amount equal to
CORRECTIONS, AND OTHER MATTERS and subsequent fiscal years’’; the pro rata portion of the amount appro-
SEC. 101. EXTENSION OF FCC AUCTION AUTHOR- (2) in subparagraph (C)(i)— priated for such activities for fiscal year
ITY. (A) in the matter preceding subclause (I)— 2022.
Section 309(j)(11) of the Communications (i) by inserting ‘‘or portion of a fiscal SEC. 202. EXTENSION OF CHILD AND FAMILY
Act of 1934 (47 U.S.C. 309(j)(11)) is amended by year’’ after ‘‘for a fiscal year’’; and SERVICES PROGRAMS.
striking ‘‘September 30, 2022’’ and inserting (ii) by inserting ‘‘and the portion of fiscal Activities authorized by part B of title IV
‘‘December 16, 2022’’. year 2023 beginning on October 1, 2022, and of the Social Security Act shall continue
SEC. 102. EXTENSION OF AUTHORIZATION FOR ending on December 16, 2022’’ after ‘‘through through December 16, 2022, in the manner au-
SPECIAL ASSESSMENT FOR DOMES- 2022’’; thorized for fiscal year 2022, and out of any
TIC TRAFFICKING VICTIMS’ FUND. (B) in subclause (III), by inserting ‘‘and the money in the Treasury of the United States
Section 3014(a) of title 18, United States portion of fiscal year 2023 beginning on Octo- not otherwise appropriated, there are hereby
Code, is amended, in the matter preceding ber 1, 2022, and ending on December 16, 2022’’ appropriated such sums as may be necessary
paragraph (1), by striking ‘‘September 30, after ‘‘through 2022’’; and for such purpose.
2022’’ and inserting ‘‘December 16, 2022’’. (C) in subclause (IV), by striking ‘‘fiscal TITLE III—PUBLIC HEALTH
SEC. 103. UNITED STATES PAROLE COMMISSION year 2023’’ and inserting ‘‘the portion of fis-
EXTENSION. SEC. 301. EXTENSION OF THE PROGRAM TO DEEM
cal year 2023 beginning on December 17, 2022, CERTAIN HEALTH PROFESSIONAL
(a) SHORT TITLE.—This section may be and ending on September 30, 2023, and fiscal VOLUNTEERS EMPLOYEES OF THE
cited as the ‘‘United States Parole Commis- year 2024’’; and PUBLIC HEALTH SERVICE UNDER
sion Extension Act of 2022’’. (3) in subparagraph (D)— CERTAIN CIRCUMSTANCES.
(b) AMENDMENT OF SENTENCING REFORM (A) in the matter preceding clause (i), by (a) IN GENERAL.—Section 224(q) of the Pub-
ACT OF 1984.—For purposes of section 235(b) inserting ‘‘or during the portion of fiscal lic Health Service Act (42 U.S.C. 233(q)) is
of the Sentencing Reform Act of 1984 (18 year 2023 beginning on October 1, 2022, and amended by striking paragraph (6).
U.S.C. 3551 note; Public Law 98–473; 98 Stat. ending on December 16, 2022’’ after ‘‘through (b) TECHNICAL CORRECTIONS.—Section 224 of
2032), as such section relates to chapter 311 of 2022’’; and the Public Health Service Act (42 U.S.C. 233)
title 18, United States Code, and the United (B) in clause (ii), by inserting ‘‘and the por- is amended—
States Parole Commission, each reference in tion of fiscal year 2023 beginning on October (1) in subsection (g)(1)(H)(iv), by striking
such section to ‘‘35 years’’ or ‘‘35-year pe- 1, 2022, and ending on December 16, 2022’’ ‘‘this section.’’ and inserting ‘‘this sec-
riod’’ shall be deemed a reference to ‘‘35 after ‘‘through 2022’’. tion).’’;
years and 46 days’’ or ‘‘35-year and 46-day pe- (b) IMPLEMENTATION.—Notwithstanding (2) in subsection (k)(3), by inserting ‘‘gov-
riod’’, respectively. any other provision of law, the Secretary of erning board members,’’ after ‘‘officers,’’;
SEC. 104. EXTENSION OF COMMODITY FUTURES Health and Human Services may implement (3) in subsection (p)(7)(A)(i), by moving the
TRADING COMMISSION CUSTOMER the provisions of, including the amendments margin of subclause (II) 2 ems to the left;
PROTECTION FUND EXPENSES AC-
made by, this section by program instruction and
COUNT.
or otherwise. (4) in subsection (q)(5)(A), by striking ‘‘and
Section 1(b) of Public Law 117–25 (135 Stat.
297) is amended by striking ‘‘October 1, 2022’’
SEC. 102. EXTENSION OF THE MEDICARE-DE- paragraph (6)’’.
ctelli on DSK11ZRN23PROD with SENATE
PENDENT HOSPITAL (MDH) PRO- SEC. 302. EXTENSION OF AUTHORIZATION FOR A
each place it appears and inserting ‘‘Decem- GRAM. COMMISSIONED OFFICER OF THE
ber 16, 2022’’. (a) IN GENERAL.—Section 1886(d)(5)(G) of PUBLIC HEALTH SERVICE TO ACCU-
TITLE II—BUDGETARY EFFECTS the Social Security Act (42 U.S.C. MULATE EXCESS ANNUAL LEAVE.
SEC. 201. BUDGETARY EFFECTS. 1395ww(d)(5)(G)) is amended— For purposes of annual leave accumulated
(a) STATUTORY PAYGO SCORECARDS.—The (1) in clause (i), by striking ‘‘October 1, in fiscal year 2022, the authority provided in
budgetary effects of this division and each 2022’’ and inserting ‘‘December 17, 2022’’; and section 2106 of division C of Public Law 116–
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5101
159 (42 U.S.C. 210–1 note) shall apply to such SEC. 204. EXTENSION OF AUTHORITY TO PRO- SEC. 403. EXTENSION OF ADVISORY COMMITTEE
leave by substituting ‘‘2022’’ for ‘‘2020’’ in VIDE ASSISTANCE FOR SPECIALLY ON MINORITY VETERANS.
ADAPTED HOUSING FOR DISABLED Section 544(e) of title 38, United States
subsections (a) and (d)(2).
VETERANS RESIDING TEMPORARILY Code, is amended by striking ‘‘September 30,
TITLE IV—INDIAN HEALTH IN HOUSING OWNED BY A FAMILY
MEMBER.
2022’’ and inserting ‘‘September 30, 2026’’.
SEC. 401. EXTENSION OF MORATORIUM. SEC. 404. EXTENSION OF VETERANS’ ADVISORY
Section 2102A(e) of title 38, United States
Section 424(a) of title IV of division G of COMMITTEE ON EDUCATION.
Code, is amended by striking ‘‘December 31,
Public Law 113–76 is amended by striking 2022’’ and inserting ‘‘December 31, 2024’’. Section 3692(c) of title 38, United States
‘‘October 1, 2019’’ and inserting ‘‘December Code, is amended by striking ‘‘December 31,
SEC. 205. EXTENSION OF SPECIALLY ADAPTED
16, 2022’’. HOUSING ASSISTIVE TECHNOLOGY 2022’’ and inserting ‘‘December 31, 2026’’.
GRANT PROGRAM. SEC. 405. EXTENSION OF AUTHORITY FOR TRANS-
DIVISION E—VETERANS AFFAIRS
Section 2108(g) of title 38, United States FER OF REAL PROPERTY.
EXTENSIONS
Code, is amended by striking ‘‘September 30, Section 8118(a)(5) of title 38, United States
TITLE I—EXTENSIONS OF AUTHORITIES 2022’’ and inserting ‘‘September 30, 2024’’. Code, is amended by striking ‘‘September 30,
RELATING TO HEALTH CARE 2022’’ and inserting ‘‘September 30, 2024’’.
TITLE III—EXTENSIONS OF AUTHORITIES
SEC. 101. EXTENSION OF AUTHORITY FOR COL- RELATING TO HOMELESS VETERANS DIVISION F—FDA USER FEE
LECTION OF COPAYMENTS FOR HOS- REAUTHORIZATION ACT OF 2022
SEC. 301. EXTENSION OF AUTHORIZATION OF AP-
PITAL CARE AND NURSING HOME
PROPRIATIONS FOR HOMELESS VET- SECTION 1. SHORT TITLE.
CARE.
ERANS REINTEGRATION PROGRAMS. This division may be cited as the ‘‘FDA
Section 1710(f)(2)(B) of title 38, United Section 2021(e)(1)(F) of title 38, United User Fee Reauthorization Act of 2022’’.
States Code, is amended by striking ‘‘Sep- States Code, is amended by striking ‘‘2022’’ SEC. 2. TABLE OF CONTENTS.
tember 30, 2022’’ and inserting ‘‘September and inserting ‘‘2024’’.
30, 2024’’. The table of contents for this division is as
SEC. 302. EXTENSION OF AUTHORIZATION OF AP- follows:
SEC. 102. EXTENSION OF REQUIREMENT TO PRO- PROPRIATIONS FOR HOMELESS
VIDE NURSING HOME CARE TO CER- WOMEN VETERANS AND HOMELESS DIVISION F—FDA USER FEE
TAIN VETERANS WITH SERVICE-CON- VETERANS WITH CHILDREN RE- REAUTHORIZATION ACT OF 2022
NECTED DISABILITIES. INTEGRATION GRANT PROGRAM. Sec. 1. Short title.
Section 1710A(d) of title 38, United States Section 2021A(f)(1) of title 38, United States Sec. 2. Table of contents.
Code, is amended by striking ‘‘September 30, Code, is amended by striking ‘‘2022’’ and in- TITLE I—FEES RELATING TO DRUGS
2022’’ and inserting ‘‘September 30, 2024’’. serting ‘‘2024’’.
Sec. 1001. Short title; finding.
SEC. 303. EXTENSION OF AUTHORITY FOR TREAT-
SEC. 103. EXTENSION OF AUTHORITY TO CON-
MENT AND REHABILITATION FOR
Sec. 1002. Definitions.
TINUE DOD-VA HEALTH CARE SHAR- Sec. 1003. Authority to assess and use drug
SERIOUSLY MENTALLY ILL AND
ING INCENTIVE FUND. fees.
HOMELESS VETERANS.
Section 8111(d)(3) of title 38, United States (a) GENERAL TREATMENT.—Section 2031(b) Sec. 1004. Reauthorization; reporting re-
Code, is amended by striking ‘‘September 30, of title 38, United States Code, is amended by quirements.
2023’’ and inserting ‘‘September 30, 2026’’. striking ‘‘September 30, 2022’’ and inserting Sec. 1005. Sunset dates.
SEC. 104. EXTENSION OF AUTHORITY FOR JOINT ‘‘September 30, 2024’’. Sec. 1006. Effective date.
DEPARTMENT OF DEFENSE-DEPART- (b) ADDITIONAL SERVICES AT CERTAIN LOCA- Sec. 1007. Savings clause.
MENT OF VETERANS AFFAIRS MED- TIONS.—Section 2033(d) of such title is TITLE II—FEES RELATING TO DEVICES
ICAL FACILITY DEMONSTRATION amended by striking ‘‘September 30, 2022’’ Sec. 2001. Short title; finding.
FUND.
and inserting ‘‘September 30, 2024’’. Sec. 2002. Definitions.
Section 1704(e) of the National Defense Au- SEC. 304. EXTENSION OF FUNDING FOR FINAN- Sec. 2003. Authority to assess and use device
thorization Act for Fiscal Year 2010 (Public CIAL ASSISTANCE FOR SUPPORTIVE fees.
Law 111–84; 123 Stat. 2573), as most recently SERVICES FOR VERY LOW-INCOME Sec. 2004. Reauthorization; reporting re-
amended by section 715 of the National De- VETERAN FAMILIES IN PERMANENT quirements.
fense Authorization Act for Fiscal Year 2022 HOUSING. Sec. 2005. Conformity assessment pilot pro-
(Public Law 117–81; 135 Stat. 1787), is amend- Section 2044(e)(1)(H) of title 38, United gram.
ed by striking ‘‘September 30, 2023’’ and in- States Code, is amended by striking ‘‘and Sec. 2006. Reauthorization of third-party re-
serting ‘‘September 30, 2024’’. 2022’’ and inserting ‘‘through 2024’’. view program.
SEC. 305. EXTENSION OF FUNDING FOR GRANT Sec. 2007. Sunset dates.
SEC. 105. EXTENSION OF TEMPORARY EXPAN-
PROGRAM FOR HOMELESS VET- Sec. 2008. Effective date.
SION OF PAYMENTS AND ALLOW-
ERANS WITH SPECIAL NEEDS. Sec. 2009. Savings clause.
ANCES FOR BENEFICIARY TRAVEL
IN CONNECTION WITH VETERANS Section 2061(d)(1) of title 38, United States
TITLE III—FEES RELATING TO GENERIC
RECEIVING CARE FROM VET CEN- Code, is amended by striking ‘‘2022’’ and in-
DRUGS
TERS. serting ‘‘2024’’.
SEC. 306. EXTENSION OF AUTHORITY FOR THE Sec. 3001. Short title; finding.
Section 104(a) of the Honoring America’s
ADVISORY COMMITTEE ON HOME- Sec. 3002. Authority to assess and use
Veterans and Caring for Camp Lejeune Fami-
LESS VETERANS. human generic drug fees.
lies Act of 2012 (Public Law 112–154; 126 Stat.
Section 2066(d) of title 38, United States Sec. 3003. Reauthorization; reporting re-
1169), as most recently amended by section 3
Code, is amended by striking ‘‘September 30, quirements.
of the Department of Veterans Affairs Expir- Sec. 3004. Sunset dates.
ing Authorities Act of 2021 (Public Law 117– 2022’’ and inserting ‘‘September 30, 2026’’.
Sec. 3005. Effective date.
42; 135 Stat. 342), is amended by striking TITLE IV—EXTENSIONS OF OTHER
Sec. 3006. Savings clause.
‘‘September 30, 2022’’ and inserting ‘‘Sep- AUTHORITIES
TITLE IV—FEES RELATING TO
tember 30, 2023’’. SEC. 401. EXTENSION OF AUTHORIZATION OF AP-
PROPRIATIONS FOR MONTHLY AS-
BIOSIMILAR BIOLOGICAL PRODUCTS
TITLE II—EXTENSIONS OF AUTHORITIES SISTANCE ALLOWANCE UNDER THE Sec. 4001. Short title; finding.
RELATING TO BENEFITS OFFICE OF NATIONAL VETERANS Sec. 4002. Definitions.
SEC. 201. EXTENSION OF AUTHORITY TO TRANS- SPORTS PROGRAMS AND SPECIAL Sec. 4003. Authority to assess and use bio-
PORT INDIVIDUALS TO AND FROM EVENTS. similar biological product fees.
DEPARTMENT OF VETERANS AF- Section 322(d)(4) of title 38, United States Sec. 4004. Reauthorization; reporting re-
FAIRS FACILITIES. Code, is amended by striking ‘‘2022’’ and in- quirements.
Section 111A(a)(2) of title 38, United States serting ‘‘2026’’. Sec. 4005. Sunset dates.
Code, is amended by striking ‘‘September 30, SEC. 402. EXTENSION AND AUTHORIZATION OF Sec. 4006. Effective date.
2022’’ and inserting ‘‘September 30, 2024’’. APPROPRIATIONS FOR ADAPTIVE Sec. 4007. Savings clause.
SPORTS PROGRAMS FOR DISABLED
SEC. 202. EXTENSION OF AUTHORITY TO MAIN- VETERANS AND MEMBERS OF THE TITLE V—REAUTHORIZATION OF OTHER
TAIN REGIONAL OFFICE IN THE RE- ARMED FORCES. PROVISIONS
PUBLIC OF THE PHILIPPINES.
(a) AUTHORIZATION OF APPROPRIATIONS.— Sec. 5001. Reauthorization of the best phar-
Section 315(b) of title 38, United States Subsection (g)(1)(B) of section 521A of title maceuticals for children pro-
Code, is amended by striking ‘‘September 30, 38, United States Code, is amended by strik- gram.
2022’’ and inserting ‘‘September 30, 2024’’. ing ‘‘and 2022’’ and inserting ‘‘through 2026’’. Sec. 5002. Reauthorization of the humani-
ctelli on DSK11ZRN23PROD with SENATE
SEC. 203. EXTENSION OF AUTHORITY FOR RE- (b) EXTENSION.—Subsection (l) of such sec- tarian device exemption incen-
PORT ON EQUITABLE RELIEF PRO- tion is amended by striking ‘‘2022’’ and in- tive.
VIDED DUE TO ADMINISTRATIVE serting ‘‘2026’’. Sec. 5003. Reauthorization of the pediatric
ERROR. (c) TECHNICAL CORRECTION.—Subsection device consortia program.
Section 503(c) of title 38, United States (g)(1)(A) of such section is amended by strik- Sec. 5004. Reauthorization of provision per-
Code, is amended by striking ‘‘December 31, ing ‘‘. for each of fiscal years 2010 through taining to drugs containing sin-
2022’’ and inserting ‘‘December 31, 2024’’. 2020’’. gle enantiomers.
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S5102 CONGRESSIONAL RECORD — SENATE September 27, 2022
Sec. 5005. Reauthorization of the critical ‘‘(ii) For purposes of this subparagraph, a day of such fiscal year and shall be paid only
path public-private partnership. product shall be considered withdrawn from once for each such product for a fiscal year
Sec. 5006. Reauthorization of orphan drug sale once the applicant has ceased its own in which the fee is payable.’’; and
grants. distribution of the product, whether or not (B) by amending subparagraph (B) to read
Sec. 5007. Reauthorization of certain device the applicant has ordered recall of all pre- as follows:
inspections. viously distributed lots of the product, ex- ‘‘(B) EXCEPTION FOR CERTAIN PRESCRIPTION
Sec. 5008. Reauthorization of reporting re- cept that a routine, temporary interruption DRUG PRODUCTS.—A prescription drug pro-
quirements related to pending in supply shall not render a product with- gram fee shall not be assessed for a prescrip-
generic drug applications and drawn from sale.’’. tion drug product under subparagraph (A) if
priority review applications. (c) SKIN-TEST DIAGNOSTIC PRODUCT.—Sec- such product is—
TITLE I—FEES RELATING TO DRUGS tion 735 of the Federal Food, Drug, and Cos- ‘‘(i) a large volume parenteral product (a
SEC. 1001. SHORT TITLE; FINDING. metic Act (21 U.S.C. 379g) is amended by add- sterile aqueous drug product packaged in a
(a) SHORT TITLE.—This title may be cited ing at the end the following: single-dose container with a volume greater
as the ‘‘Prescription Drug User Fee Amend- ‘‘(12) The term ‘skin-test diagnostic prod- than or equal to 100 mL, not including pow-
ments of 2022’’. uct’— ders for reconstitution or pharmacy bulk
(b) FINDING.—Congress finds that the fees ‘‘(A) means a product— packages) identified on the list compiled
authorized by the amendments made by this ‘‘(i) for prick, scratch, intradermal, or sub- under section 505(j)(7);
title will be dedicated toward expediting the cutaneous administration; ‘‘(ii) pharmaceutically equivalent (as de-
drug development process and the process for ‘‘(ii) expected to produce a limited, local fined in section 314.3 of title 21, Code of Fed-
the review of human drug applications, in- reaction at the site of administration (if eral Regulations (or any successor regula-
cluding postmarket drug safety activities, as positive), rather than a systemic effect; tion)) to another product on the list of prod-
set forth in the goals identified for purposes ‘‘(iii) not intended to be a preventive or ucts compiled under section 505(j)(7) (not in-
of part 2 of subchapter C of chapter VII of therapeutic intervention; and cluding the discontinued section of such
the Federal Food, Drug, and Cosmetic Act ‘‘(iv) intended to detect an immediate- or list); or
(21 U.S.C. 379g et seq.), in the letters from delayed-type skin hypersensitivity reaction ‘‘(iii) a skin-test diagnostic product.’’.
the Secretary of Health and Human Services to aid in the diagnosis of—
‘‘(I) an allergy to an antimicrobial agent; (b) FEE REVENUE AMOUNTS.—
to the Chairman of the Committee on
‘‘(II) an allergy that is not to an anti- (1) IN GENERAL.—Paragraph (1) of section
Health, Education, Labor, and Pensions of
microbial agent, if the diagnostic product 736(b) of the Federal Food, Drug, and Cos-
the Senate and the Chairman of the Com-
mittee on Energy and Commerce of the was authorized for marketing prior to Octo- metic Act (21 U.S.C. 379h(b)) is amended to
House of Representatives, as set forth in the ber 1, 2022; or read as follows:
Congressional Record. ‘‘(III) infection with fungal or ‘‘(1) IN GENERAL.—For each of the fiscal
SEC. 1002. DEFINITIONS. mycobacterial pathogens; and years 2023 through 2027, fees under subsection
‘‘(B) includes positive and negative con- (a) shall, except as provided in subsections
(a) HUMAN DRUG APPLICATION.—Section
735(1) of the Federal Food, Drug, and Cos- trols required to interpret the results of a (c), (d), (f), and (g), be established to gen-
metic Act (21 U.S.C. 379g(1)) is amended, in product described in subparagraph (A).’’. erate a total revenue amount under such
the matter following subparagraph (B), by SEC. 1003. AUTHORITY TO ASSESS AND USE DRUG subsection that is equal to the sum of—
striking ‘‘an allergenic extract product, or’’ FEES. ‘‘(A) the annual base revenue for the fiscal
and inserting ‘‘does not include an applica- (a) TYPES OF FEES.— year (as determined under paragraph (3));
tion with respect to an allergenic extract (1) HUMAN DRUG APPLICATION FEE.—Section ‘‘(B) the dollar amount equal to the infla-
product licensed before October 1, 2022, does 736(a) of the Federal Food, Drug, and Cos- tion adjustment for the fiscal year (as deter-
not include an application with respect to a metic Act (21 U.S.C. 379h(a)) is amended— mined under subsection (c)(1));
standardized allergenic extract product sub- (A) in the matter preceding paragraph (1), ‘‘(C) the dollar amount equal to the stra-
mitted pursuant to a notification to the ap- by striking ‘‘fiscal year 2018’’ and inserting tegic hiring and retention adjustment for the
plicant from the Secretary regarding the ex- ‘‘fiscal year 2023’’; fiscal year (as determined under subsection
istence of a potency test that measures the (B) in paragraph (1)(A), by striking ‘‘(c)(5)’’ (c)(2));
allergenic activity of an allergenic extract each place it appears and inserting ‘‘(c)(6)’’; ‘‘(D) the dollar amount equal to the capac-
product licensed by the applicant before Oc- (C) in paragraph (1)(C), by inserting ‘‘prior ity planning adjustment for the fiscal year
tober 1, 2022, does not include an application to approval’’ after ‘‘or was withdrawn’’; and (as determined under subsection (c)(3));
with respect to’’. (D) in paragraph (1), by adding at the end ‘‘(E) the dollar amount equal to the oper-
(b) PRESCRIPTION DRUG PRODUCT.—Section the following: ating reserve adjustment for the fiscal year,
735(3) of the Federal Food, Drug, and Cos- ‘‘(H) EXCEPTION FOR SKIN-TEST DIAGNOSTIC if applicable (as determined under subsection
metic Act (21 U.S.C. 379g(3)) is amended— PRODUCTS.—A human drug application for a (c)(4));
(1) by redesignating subparagraphs (A), (B), skin-test diagnostic product shall not be sub- ‘‘(F) the dollar amount equal to the addi-
and (C) as clauses (i), (ii), and (iii), respec- ject to a fee under subparagraph (A).’’. tional direct cost adjustment for the fiscal
tively; (2) PRESCRIPTION DRUG PROGRAM FEE.—Sec- year (as determined under subsection (c)(5));
(2) by striking ‘‘(3) The term’’ and insert- tion 736(a)(2) of the Federal Food, Drug, and and
ing ‘‘(3)(A) The term’’; Cosmetic Act (21 U.S.C. 379h(a)(2)) is amend- ‘‘(G) additional dollar amounts for each fis-
(3) by striking ‘‘Such term does not include ed— cal year as follows:
whole blood’’ and inserting the following: (A) in subparagraph (A)— ‘‘(i) $65,773,693 for fiscal year 2023.
‘‘(B) Such term does not include whole (i) by striking ‘‘Except as provided in sub- ‘‘(ii) $25,097,671 for fiscal year 2024.
blood’’; paragraphs (B) and (C)’’ and inserting the ‘‘(iii) $14,154,169 for fiscal year 2025.
(4) by striking ‘‘an allergenic extract prod- following: ‘‘(iv) $4,864,860 for fiscal year 2026.
uct,’’ and inserting ‘‘an allergenic extract ‘‘(i) PAYMENT OF FEES.—Except as provided ‘‘(v) $1,314,620 for fiscal year 2027.’’.
product licensed before October 1, 2022, a in subparagraphs (B) and (C)’’; (2) ANNUAL BASE REVENUE.—Paragraph (3)
standardized allergenic extract product sub- (ii) by striking ‘‘subsection (c)(5)’’ and in- of section 736(b) of the Federal Food, Drug,
mitted pursuant to a notification to the ap- serting ‘‘subsection (c)(6)’’; and and Cosmetic Act (21 U.S.C. 379h(b)) is
plicant from the Secretary regarding the ex- (iii) by adding at the end the following: amended to read as follows:
istence of a potency test that measures the ‘‘(ii) SPECIAL RULE FOR PREVIOUSLY DISCON- ‘‘(3) ANNUAL BASE REVENUE.—For purposes
allergenic activity of an allergenic extract TINUED DRUG PRODUCTS.—If a drug product of paragraph (1), the dollar amount of the an-
product licensed by the applicant before Oc- that is identified in a human drug applica- nual base revenue for a fiscal year shall be—
tober 1, 2022,’’ ; and tion approved as of October 1 of a fiscal year ‘‘(A) for fiscal year 2023, $1,151,522,958; and
(5) by adding at the end the following: is not a prescription drug product as of that ‘‘(B) for fiscal years 2024 through 2027, the
‘‘(C)(i) If a written request to place a prod- date because the drug product is in the dis- dollar amount of the total revenue amount
uct in the discontinued section of either of continued section of a list referenced in sec- established under paragraph (1) for the pre-
the lists referenced in subparagraph (A)(iii) tion 735(3)(A)(iii), and on any subsequent day vious fiscal year, not including any adjust-
is submitted to the Secretary on behalf of an during such fiscal year the drug product is a ments made under subsection (c)(4) or
applicant, and the request identifies the date prescription drug product, then except as (c)(5).’’.
the product is, or will be, withdrawn from provided in subparagraphs (B) and (C), each (c) ADJUSTMENTS; ANNUAL FEE SETTING.—
sale, then for purposes of assessing the pre- person who is named as the applicant in a (1) INFLATION ADJUSTMENT.—Section
scription drug program fee under section human drug application with respect to such 736(c)(1)(B)(ii) of the Federal Food, Drug, and
ctelli on DSK11ZRN23PROD with SENATE
736(a)(2), the Secretary shall consider such product, and who, after September 1, 1992, Cosmetic Act (21 U.S.C. 379h(c)(1)(B)(ii)) is
product to have been included in the discon- had pending before the Secretary a human amended by striking ‘‘Washington-Balti-
tinued section on the later of— drug application or supplement, shall pay more, DC–MD–VA–WV’’ and inserting ‘‘Wash-
‘‘(I) the date such request was received; or the annual prescription drug program fee es- ington-Arlington-Alexandria, DC–VA–MD–
‘‘(II) if the product will be withdrawn from tablished for a fiscal year under subsection WV’’.
sale on a future date, such future date when (c)(6) for such prescription drug product. (2) STRATEGIC HIRING AND RETENTION AD-
the product is withdrawn from sale. Such fee shall be due on the last business JUSTMENT.—Section 736(c) of the Federal
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5103
Food, Drug, and Cosmetic Act (21 U.S.C. carryover user fees for the process for the re- tion is requested. Such certification shall be
379h(c)) is amended— view of human drug applications for each fis- supported by—
(A) by redesignating paragraphs (2) cal year in at least the following amounts: ‘‘(A) tax returns submitted to the United
through (6) as paragraphs (3) through (7), re- ‘‘(i) For fiscal year 2023, at least 8 weeks of States Internal Revenue Service; or
spectively; and operating reserves. ‘‘(B) as necessary, other appropriate finan-
(B) by inserting after paragraph (1) the fol- ‘‘(ii) For fiscal year 2024, at least 9 weeks cial information.’’.
lowing: of operating reserves. SEC. 1004. REAUTHORIZATION; REPORTING RE-
‘‘(2) STRATEGIC HIRING AND RETENTION AD- ‘‘(iii) For fiscal year 2025 and subsequent QUIREMENTS.
JUSTMENT.—For each fiscal year, after the fiscal years, at least 10 weeks of operating Section 736B of the Federal Food, Drug,
annual base revenue established in sub- reserves.’’; and and Cosmetic Act (21 U.S.C. 379h–2) is amend-
section (b)(1)(A) is adjusted for inflation in (B) in subparagraph (C), by striking ‘‘para- ed—
accordance with paragraph (1), the Secretary graph (5)’’ and inserting ‘‘paragraph (6)’’. (1) in subsection (a)(1), by striking ‘‘Begin-
shall further increase the fee revenue and (5) ADDITIONAL DIRECT COST ADJUSTMENT.— ning with fiscal year 2018, not’’ and inserting
fees by the following amounts: Paragraph (5), as redesignated, of section ‘‘Not’’;
‘‘(A) For fiscal year 2023, $9,000,000. 736(c) of the Federal Food, Drug, and Cos- (2) by striking ‘‘Prescription Drug User
‘‘(B) For each of fiscal years 2024 through metic Act (21 U.S.C. 379h(c)) is amended to Fee Amendments of 2017’’ each place it ap-
2027, $4,000,000.’’. read as follows: pears and inserting ‘‘Prescription Drug User
(3) CAPACITY PLANNING ADJUSTMENT.—Para- ‘‘(5) ADDITIONAL DIRECT COST ADJUST- Fee Amendments of 2022’’;
graph (3), as redesignated, of section 736(c) of MENT.— (3) in subsection (a)(3)(A), by striking ‘‘Not
the Federal Food, Drug, and Cosmetic Act ‘‘(A) INCREASE.—The Secretary shall, in ad- later than 30 calendar days after the end of
(21 U.S.C. 379h(c)) is amended to read as fol- dition to adjustments under paragraphs (1), the second quarter of fiscal year 2018, and
lows: (2), (3), and (4), further increase the fee rev- not later than 30 calendar days after the end
‘‘(3) CAPACITY PLANNING ADJUSTMENT.— enue and fees— of each quarter of each fiscal year there-
‘‘(A) IN GENERAL.—For each fiscal year, ‘‘(i) for fiscal year 2023, by $44,386,150; and after’’ and inserting ‘‘Not later than 30 cal-
after the annual base revenue established in ‘‘(ii) for each of fiscal years 2024 through endar days after the end of each quarter of
subsection (b)(1)(A) is adjusted in accordance 2027, by the amount set forth in clauses (i) each fiscal year for which fees are collected
with paragraphs (1) and (2), such revenue through (iv) of subparagraph (B), as applica- under this part’’;
shall be adjusted further for such fiscal year, ble, multiplied by the Consumer Price Index (4) in subsection (a)(4), by striking ‘‘Begin-
in accordance with this paragraph, to reflect for urban consumers (Washington-Arlington- ning with fiscal year 2020, the’’ and inserting
changes in the resource capacity needs of the Alexandria, DC–VA–MD–WV; Not Seasonally ‘‘The’’;
Secretary for the process for the review of Adjusted; All Items; Annual Index) for the (5) in subsection (b), by striking ‘‘Begin-
human drug applications. most recent year of available data, divided ning with fiscal year 2018, not’’ and inserting
‘‘(B) METHODOLOGY.—For purposes of this by such Index for 2021. ‘‘Not’’;
paragraph, the Secretary shall employ the ‘‘(B) APPLICABLE AMOUNTS.—The amounts (6) in subsection (c), by striking ‘‘Begin-
capacity planning methodology utilized by referred to in subparagraph (A)(ii) are the ning with fiscal year 2018, for’’ and inserting
the Secretary in setting fees for fiscal year ‘‘For’’; and
following:
2021, as described in the notice titled ‘Pre- (7) in subsection (f)—
‘‘(i) For fiscal year 2024, $60,967,993.
scription Drug User Fee Rates for Fiscal (A) in paragraph (1), in the matter pre-
‘‘(ii) For fiscal year 2025, $35,799,314.
Year 2021’ published in the Federal Register ceding subparagraph (A), by striking ‘‘fiscal
‘‘(iii) For fiscal year 2026, $35,799, 314.
on August 3, 2020 (85 Fed. Reg. 46651). The year 2022’’ and inserting ‘‘fiscal year 2027’’;
‘‘(iv) For fiscal year 2027, $35,799,314.’’.
workload categories used in applying such and
(6) ANNUAL FEE SETTING.—Paragraph (6), as
methodology in forecasting shall include
redesignated, of section 736(c) of the Federal (B) in paragraph (5), by striking ‘‘January
only the activities described in that notice
Food, Drug, and Cosmetic Act (21 U.S.C. 15, 2022’’ and inserting ‘‘January 15, 2027’’.
and, as feasible, additional activities that
379h(c)) is amended by striking ‘‘September SEC. 1005. SUNSET DATES.
are directly related to the direct review of
30, 2017’’ and inserting ‘‘September 30, 2022’’. (a) AUTHORIZATION.—Sections 735 and 736 of
applications and supplements, including ad-
(d) CREDITING AND AVAILABILITY OF FEES.— the Federal Food, Drug, and Cosmetic Act
ditional formal meeting types, the direct re-
Section 736(g)(3) of the Federal Food, Drug, (21 U.S.C. 379g; 379h) shall cease to be effec-
view of postmarketing commitments and re-
quirements, the direct review of risk evalua- and Cosmetic Act (21 U.S.C. 379h(g)(3)) is tive October 1, 2027.
amended by striking ‘‘fiscal years 2018 (b) REPORTING REQUIREMENTS.—Section
tion and mitigation strategies, and the di-
through 2022’’ and inserting ‘‘fiscal years 2023 736B of the Federal Food, Drug, and Cos-
rect review of annual reports for approved
through 2027’’. metic Act (21 U.S.C. 379h–2) shall cease to be
prescription drug products. Subject to the
(e) WRITTEN REQUESTS FOR WAIVERS, RE- effective January 31, 2028.
exceptions in the preceding sentence, the (c) PREVIOUS SUNSET PROVISION.—Effective
Secretary shall not include as workload cat- DUCTIONS, EXEMPTIONS, AND RETURNS; DIS-
PUTES CONCERNING FEES.—Section 736(i) of October 1, 2022, subsections (a) and (b) of sec-
egories in applying such methodology in
the Federal Food, Drug, and Cosmetic Act tion 104 of the FDA Reauthorization Act of
forecasting any non-core review activities,
(21 U.S.C. 379h(i)) is amended to read as fol- 2017 (Public Law 115–52) are repealed.
including those activities that the Secretary
lows: SEC. 1006. EFFECTIVE DATE.
referenced for potential future use in such
‘‘(i) WRITTEN REQUESTS FOR WAIVERS, RE- The amendments made by this title shall
notice but did not utilize in setting fees for
DUCTIONS, EXEMPTIONS, AND RETURNS; DIS-
take effect on October 1, 2022, or the date of
fiscal year 2021.
‘‘(C) LIMITATION.—Under no circumstances PUTES CONCERNING FEES.—To qualify for con-
the enactment of this Act, whichever is
shall an adjustment under this paragraph re- sideration for a waiver or reduction under later, except that fees under part 2 of sub-
sult in fee revenue for a fiscal year that is subsection (d), an exemption under sub- chapter C of chapter VII of the Federal Food,
less than the sum of the amounts under sub- section (k), or the return of any fee paid Drug, and Cosmetic Act (21 U.S.C. 379g et
sections (b)(1)(A) (the annual base revenue under this section, including if the fee is seq.) shall be assessed for all human drug ap-
for the fiscal year), (b)(1)(B) (the dollar claimed to have been paid in error, a person plications received on or after October 1,
amount of the inflation adjustment for the shall— 2022, regardless of the date of the enactment
fiscal year), and (b)(1)(C) (the dollar amount ‘‘(1) not later than 180 days after such fee of this Act.
is due, submit to the Secretary a written re- SEC. 1007. SAVINGS CLAUSE.
of the strategic hiring and retention adjust-
ment for the fiscal year). quest justifying such waiver, reduction, ex- Notwithstanding the amendments made by
‘‘(D) PUBLICATION IN FEDERAL REGISTER.— emption, or return; and this title, part 2 of subchapter C of chapter
The Secretary shall publish in the Federal ‘‘(2) include in the request any legal au- VII of the Federal Food, Drug, and Cosmetic
Register notice under paragraph (6) of the fee thorities under which the request is made.’’. Act (21 U.S.C. 379g et seq.), as in effect on the
revenue and fees resulting from the adjust- (f) ORPHAN DRUGS.—Section 736(k) of the day before the date of the enactment of this
ment and the methodologies under this para- Federal Food, Drug, and Cosmetic Act (21 title, shall continue to be in effect with re-
graph.’’. U.S.C. 379h(k)) is amended— spect to human drug applications and supple-
(4) OPERATING RESERVE ADJUSTMENT.— (1) in paragraph (1)(B), by striking ‘‘during ments (as defined in such part as of such
Paragraph (4), as redesignated, of section the previous year’’ and inserting ‘‘as deter- day) that were accepted by the Food and
736(c) of the Federal Food, Drug, and Cos- mined under paragraph (2)’’; and Drug Administration for filing on or after
metic Act (21 U.S.C. 379h(c)) is amended— (2) by amending paragraph (2) to read as October 1, 2017, but before October 1, 2022,
(A) by amending subparagraph (A) to read follows: with respect to assessing and collecting any
ctelli on DSK11ZRN23PROD with SENATE
as follows: ‘‘(2) EVIDENCE OF QUALIFICATION.—An ex- fee required by such part for a fiscal year
‘‘(A) INCREASE.—For fiscal year 2023 and emption under paragraph (1) applies with re- prior to fiscal year 2023.
subsequent fiscal years, the Secretary shall, spect to a drug only if the applicant involved TITLE II—FEES RELATING TO DEVICES
in addition to adjustments under paragraphs submits a certification that the applicant’s SEC. 2001. SHORT TITLE; FINDING.
(1), (2), and (3), further increase the fee rev- gross annual revenues did not exceed (a) SHORT TITLE.—This title may be cited
enue and fees if such an adjustment is nec- $50,000,000 for the last calendar year ending as the ‘‘Medical Device User Fee Amend-
essary to provide for operating reserves of prior to the fiscal year for which the exemp- ments of 2022’’.
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S5104 CONGRESSIONAL RECORD — SENATE September 27, 2022
(b) FINDING.—Congress finds that the fees (C) in subparagraph (F), by striking ‘‘and (ii) in clause (iii), by striking ‘‘75 percent’’
authorized under the amendments made by premarket notification submissions’’ and in- and inserting ‘‘80 percent’’; and
this title will be dedicated toward expediting serting ‘‘premarket notification submis- (iii) in clause (viii), by striking ‘‘3.4 per-
the process for the review of device applica- sions, and de novo classification requests’’; cent’’ and inserting ‘‘4.5 percent’’;
tions and for assuring the safety and effec- (D) in each of subparagraphs (G) and (H), (B) in subparagraph (B)(iii), by striking ‘‘or
tiveness of devices, as set forth in the goals by striking ‘‘or submissions’’ and inserting premarket notification submission’’ and in-
identified for purposes of part 3 of sub- ‘‘submissions, or requests’’; and serting ‘‘premarket notification submission,
chapter C of chapter VII of the Federal Food, (E) in subparagraph (K), by striking ‘‘or or de novo classification request’’; and
Drug, and Cosmetic Act (21 U.S.C. 379i et premarket notification submissions’’ and in- (C) in subparagraph (C), by striking ‘‘or
seq.), in the letters from the Secretary of serting ‘‘premarket notification submis-
periodic reporting concerning a class III de-
Health and Human Services to the Chairman sions, or de novo classification requests’’;
of the Committee on Health, Education, vice’’ and inserting ‘‘periodic reporting con-
and
Labor, and Pensions of the Senate and the cerning a class III device, or de novo classi-
(2) in paragraph (11), by striking ‘‘2016’’ and
Chairman of the Committee on Energy and inserting ‘‘2021’’. fication request’’.
Commerce of the House of Representatives, (b) FEE AMOUNTS.—Section 738(b) of the
as set forth in the Congressional Record. SEC. 2003. AUTHORITY TO ASSESS AND USE DE-
VICE FEES. Federal Food, Drug, and Cosmetic Act (21
SEC. 2002. DEFINITIONS. U.S.C. 379j(b)) is amended—
Section 737 of the Federal Food, Drug, and (a) TYPES OF FEES.—Section 738(a) of the (1) in paragraph (1), by striking ‘‘2018
Cosmetic Act (21 U.S.C. 379i) is amended— Federal Food, Drug, and Cosmetic Act (21
through 2022’’ and inserting ‘‘2023 through
(1) in paragraph (9)— U.S.C. 379j(a)) is amended—
2027’’;
(A) in the matter preceding subparagraph (1) in paragraph (1), by striking ‘‘fiscal
(2) by amending paragraph (2) to read as
(A), by striking ‘‘and premarket notification year 2018’’ and inserting ‘‘fiscal year 2023’’;
and follows:
submissions’’ and inserting ‘‘premarket noti-
fication submissions, and de novo classifica- (2) in paragraph (2)— ‘‘(2) BASE FEE AMOUNTS SPECIFIED.—For
tion requests’’; (A) in subparagraph (A)— purposes of paragraph (1), the base fee
(B) in subparagraph (D), by striking ‘‘and (i) in the matter preceding clause (i), by amounts specified in this paragraph are as
submissions’’ and inserting ‘‘submissions, striking ‘‘October 1, 2017’’ and inserting ‘‘Oc- follows:
and de novo classification requests’’; tober 1, 2022’’;
Fiscal Fiscal Fiscal Fiscal Fiscal
‘‘Fee Type Year Year Year Year Year
2023 2024 2025 2026 2027
Premarket Application .................................................................................................................................................. $425,000 $435,000 $445,000 $455,000 $470,000
Establishment Registration ........................................................................................................................................... $6,250 $6,875 $7,100 $7,575 $8,465’’;
and
(3) by amending paragraph (3) to read as applications identified in the letters de- the amounts determined under this subpara-
follows: scribed in section 2001(b) of the Medical De- graph are as follows:
‘‘(3) TOTAL REVENUE AMOUNTS SPECIFIED.— vice User Fee Amendments of 2022, as the ‘‘(I) For fiscal year 2026, $6,323,500 if such
For purposes of paragraph (1), the total rev- Secretary determines necessary to achieve goal for fiscal year 2023 is met.
enue amounts specified in this paragraph are an increase in total fee collections for such ‘‘(II) For fiscal year 2027:
as follows: fiscal year equal to the following amounts, ‘‘(aa) $6,323,500 if such goal for fiscal year
‘‘(A) $312,606,000 for fiscal year 2023. as applicable: 2023 is met and such goal for fiscal year 2024
‘‘(B) $335,750,000 for fiscal year 2024. ‘‘(i) For fiscal year 2025, the product of— is not met.
‘‘(C) $350,746,400 for fiscal year 2025. ‘‘(I) the amount determined under subpara- ‘‘(bb) $11,765,400 if such goal for fiscal year
‘‘(D) $366,486,300 for fiscal year 2026. graph (B)(i)(I); and 2024 is met.
‘‘(E) $418,343,000 for fiscal year 2027.’’. ‘‘(II) the applicable inflation adjustment
‘‘(iii) PREMARKET NOTIFICATION AND PRE-
(c) ANNUAL FEE SETTING; ADJUSTMENTS.— under paragraph (2)(B) for such fiscal year.
MARKET APPROVAL AMOUNT.—For purposes of
Section 738(c) of the Federal Food, Drug, and ‘‘(ii) For fiscal year 2026, the product of—
subparagraph (A), with respect to the 510(k)
Cosmetic Act (21 U.S.C. 379j(c)) is amended— ‘‘(I) the sum of the amounts determined
(1) in paragraph (1), by striking ‘‘2017’’ and under subparagraphs (B)(i)(II), (B)(ii)(I), and decision goal, 510(k) Shared Outcome Total
inserting ‘‘2022’’; (B)(iii)(I); and Time to Decision goal, PMA decision goal,
(2) in paragraph (2)— ‘‘(II) the applicable inflation adjustment and PMA Shared Outcome Total Time to De-
(A) in subparagraph (A), by striking ‘‘2018’’ under paragraph (2)(B) for such fiscal year. cision goal, the amounts determined under
and inserting ‘‘2023’’; ‘‘(iii) For fiscal year 2027, the product of— this subparagraph are as follows:
(B) in subparagraph (B)— ‘‘(I) the sum of the amounts determined ‘‘(I) For fiscal year 2026, $1,020,000 if the 4
(i) in the matter preceding clause (i), by under subparagraphs (B)(i)(III), (B)(ii)(II), goals for fiscal year 2023 are met.
striking ‘‘fiscal year 2018’’ and inserting ‘‘fis- and (B)(iii)(II); and ‘‘(II) For fiscal year 2027:
cal year 2023’’; and ‘‘(II) the applicable inflation adjustment ‘‘(aa) $1,020,000 if the 4 goals for fiscal year
(ii) in clause (ii), by striking ‘‘fiscal year under paragraph (2)(B) for such fiscal year. 2023 are met and one or more of the 4 goals
2016’’ and inserting ‘‘fiscal year 2022’’; ‘‘(B) AMOUNTS.— for fiscal year 2024 are not met.
(C) in subparagraph (C), by striking ‘‘Wash- ‘‘(i) PRESUBMISSION AMOUNT.—For purposes ‘‘(bb) $3,906,000 if the 4 goals for fiscal year
ington-Baltimore, DC–MD–VA–WV’’ and in- of subparagraph (A), with respect to the Pre- 2024 are met.
serting ‘‘Washington-Arlington-Alexandria, submission Written Feedback goal, the ‘‘(C) PERFORMANCE CALCULATION.—For pur-
DC–VA–MD–WV’’; and amounts determined under this subpara- poses of this paragraph, performance of the
(D) in subparagraph (D), in the matter pre- graph are as follows: following goals shall be determined as speci-
ceding clause (i), by striking ‘‘fiscal years ‘‘(I) For fiscal year 2025, $15,396,600 if such fied in the letters described in section 2001(b)
2018 through 2022’’ and inserting ‘‘fiscal years goal for fiscal year 2023 is met. of the Medical Device User Fee Amendments
2023 through 2027’’; ‘‘(II) For fiscal year 2026:
of 2022 and based on data available, as fol-
(3) in paragraph (3), by striking ‘‘2018 ‘‘(aa) $15,396,600 if such goal for fiscal year
lows:
through 2022’’ and inserting ‘‘2023 through 2023 is met and such goal for fiscal year 2024
2027’’; is not met. ‘‘(i) The performance of the Presubmission
(4) by redesignating paragraphs (4) and (5) ‘‘(bb) $36,792,200 if such goal for fiscal year Written Feedback goal shall be based on data
as paragraphs (7) and (8), respectively; and 2024 is met. available as of—
(5) by inserting after paragraph (3) the fol- ‘‘(III) For fiscal year 2027: ‘‘(I) for fiscal year 2023, March 31, 2024;
lowing: ‘‘(aa) $15,396,600 if such goal for fiscal year ‘‘(II) for fiscal year 2024, March 31, 2025; and
‘‘(4) PERFORMANCE IMPROVEMENT ADJUST- 2023 is met and such goal for each of fiscal ‘‘(III) for fiscal year 2025, March 31, 2026.
MENT.— years 2024 and 2025 is not met. ‘‘(ii) The performance of the De Novo Deci-
‘‘(A) IN GENERAL.—For each of fiscal years ‘‘(bb) $36,792,200 if such goal for fiscal year sion goal, 510(k) decision goal, 510(k) Shared
ctelli on DSK11ZRN23PROD with SENATE
2025 through 2027, after the adjustments 2024 is met and such goal for fiscal year 2025 Outcome Total Time to Decision goal, PMA
under paragraphs (2) and (3), the base estab- is not met. decision goal, and PMA Shared Outcome
lishment registration fee amounts for such ‘‘(cc) $40,572,600 if such goal for fiscal year Total Time to Decision goal shall be based
fiscal year shall be increased to reflect 2025 is met. on data available as of—
changes in the resource needs of the Sec- ‘‘(ii) DE NOVO CLASSIFICATION REQUEST ‘‘(I) for fiscal year 2023, March 31, 2025; and
retary due to improved review performance AMOUNT.—For purposes of subparagraph (A),
goals for the process for the review of device with respect to the De Novo Decision goal,
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5105
‘‘(II) for fiscal year 2024, March 31, 2026. ‘‘(ii) 1 month of operating reserves main- be accredited, by accreditation bodies meet-
‘‘(D) GOALS DEFINED.—For purposes of this tained pursuant to paragraph (8). ing criteria specified in guidance by the Sec-
paragraph, the terms ‘Presubmission Written ‘‘(C) EXCLUDED AMOUNT.—For the period of retary, to conduct testing to support the as-
Feedback goal’, ‘De Novo Decision goal’, fiscal years 2023 through 2026, a total amount sessment of the conformity of a device to
‘510(k) decision goal’, ‘510(k) Shared Outcome equal to $118,000,000 shall not be considered certain standards recognized under this sec-
Total Time to Decision goal’, ‘PMA decision part of the designated amount under sub- tion; and
goal’, and ‘PMA Shared Outcome Total Time paragraph (B) and shall not be subject to the ‘‘(B) subject to paragraph (2), results from
to Decision goal’ refer to the goals identified decrease under subparagraph (A).’’. tests conducted to support the assessment of
by the same names in the letters described in (d) CONDITIONS.—Section 738(g) of the Fed- conformity of devices as described in sub-
section 2001(b) of the Medical Device User eral Food, Drug, and Cosmetic Act (21 U.S.C. paragraph (A) conducted by testing labora-
Fee Amendments of 2022. 379j(g)) is amended— tories accredited pursuant to this subsection
‘‘(5) HIRING ADJUSTMENT.— (1) in paragraph (1)(A), by striking shall be accepted by the Secretary for pur-
‘‘(A) IN GENERAL.—For each of fiscal years ‘‘$320,825,000’’ and inserting ‘‘$398,566,000’’; poses of demonstrating such conformity un-
2025 through 2027, after the adjustments and less the Secretary finds that certain results
under paragraphs (2), (3), and (4), if applica- (2) in paragraph (2), by inserting ‘‘de novo of such tests should not be so accepted.
ble, if the number of hires to support the classification requests,’’ after ‘‘class III de- ‘‘(2) SECRETARIAL REVIEW OF ACCREDITED
process for the review of device applications vice,’’. LABORATORY RESULTS.—The Secretary may—
falls below the thresholds specified in sub- (e) CREDITING AND AVAILABILITY OF FEES.— ‘‘(A) review the results of tests conducted
paragraph (B) for the applicable fiscal years, Section 738(h)(3) of the Federal Food, Drug, by testing laboratories accredited pursuant
the base establishment registration fee and Cosmetic Act (21 U.S.C. 379j(h)(3)) is to this subsection, including by conducting
amounts shall be decreased as the Secretary amended to read as follows: periodic audits of such results or of the proc-
determines necessary to achieve a reduction ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— esses of accredited bodies or testing labora-
in total fee collections equal to the hiring ‘‘(A) IN GENERAL.—For each of fiscal years tories;
adjustment amount under subparagraph (C). 2023 through 2027, there is authorized to be ‘‘(B) following such review, take additional
‘‘(B) THRESHOLDS.—The thresholds speci- appropriated for fees under this section an measures under this Act, as the Secretary
fied in this subparagraph are as follows: amount equal to the revenue amount deter- determines appropriate, such as—
‘‘(i) For fiscal year 2025, the threshold is mined under subparagraph (B), less the ‘‘(i) suspension or withdrawal of accredita-
123 hires for fiscal year 2023. amount of reductions determined under sub- tion of a testing laboratory or recognition of
‘‘(ii) For fiscal year 2026, the threshold is 38 paragraph (C). an accreditation body under paragraph
hires for fiscal year 2024. ‘‘(B) REVENUE AMOUNT.—For purposes of (1)(A); or
‘‘(iii) For fiscal year 2027, the threshold this paragraph, the revenue amount for each ‘‘(ii) requesting additional information
is— fiscal year is the sum of— with respect to a device; and
‘‘(I) 22 hires for fiscal year 2025 if the base ‘‘(i) the total revenue amount under sub- ‘‘(C) if the Secretary becomes aware of in-
establishment registration fees are not in- section (b)(3) for the fiscal year, as adjusted formation materially bearing on the safety
creased by the amount determined under under paragraphs (2) and (3) of subsection (c); or effectiveness of a device for which an as-
paragraph (4)(A)(i); or and sessment of conformity was supported by
‘‘(II) 75 hires for fiscal year 2025 if such fees ‘‘(ii) the performance improvement adjust- testing conducted by a testing laboratory ac-
are so increased. ment amount for the fiscal year under sub- credited under this subsection, take such ad-
‘‘(C) HIRING ADJUSTMENT AMOUNT.—The hir- section (c)(4), if applicable. ditional measures under this Act, as the Sec-
ing adjustment amount for fiscal year 2025 ‘‘(C) AMOUNT OF REDUCTIONS.—For purposes retary determines appropriate, such as—
and each subsequent fiscal year is the prod- of this paragraph, the amount of reductions ‘‘(i) suspension or withdrawal of accredita-
uct of— for each fiscal year is the sum of— tion of a testing laboratory or recognition of
‘‘(i) the number of hires by which the hir- ‘‘(i) the hiring adjustment amount for the an accreditation body under paragraph
ing goal specified in subparagraph (D) for the fiscal year under subsection (c)(5), if applica- (1)(A); or
fiscal year before the prior fiscal year was ble; and ‘‘(ii) requesting additional information
not met; ‘‘(ii) the operating reserve adjustment with regard to such device.
‘‘(ii) $72,877; and amount for the fiscal year under subsection ‘‘(3) REPORT.—The Secretary shall make
‘‘(iii) the applicable inflation adjustment (c)(6), if applicable.’’. available on the internet website of the Food
under paragraph (2)(B) for the fiscal year for SEC. 2004. REAUTHORIZATION; REPORTING RE- and Drug Administration an annual report
which the hiring goal was not met. QUIREMENTS. on the progress of the program under this
‘‘(D) HIRING GOALS.—The hiring goals for (a) PERFORMANCE REPORTS.—Section subsection.’’.
each of fiscal years 2023 through 2025 are as 738A(a) of the Federal Food, Drug, and Cos- SEC. 2006. REAUTHORIZATION OF THIRD-PARTY
follows: metic Act (21 U.S.C. 379j–1(a)) is amended— REVIEW PROGRAM.
‘‘(i) For fiscal year 2023, 144 hires. (1) by striking ‘‘fiscal year 2018’’ each place Section 523(c) of the Federal Food, Drug,
‘‘(ii) For fiscal year 2024, 42 hires. it appears and inserting ‘‘fiscal year 2023’’; and Cosmetic Act (21 U.S.C. 360m(c)) is
‘‘(iii) For fiscal year 2025: (2) by striking ‘‘Medical Device User Fee amended by striking ‘‘October 1’’ and insert-
‘‘(I) 24 hires if the base establishment reg- Amendments of 2017’’ each place it appears ing ‘‘December 17’’.
istration fees are not increased by the and inserting ‘‘Medical Device User Fee SEC. 2007. SUNSET DATES.
amount determined under paragraph Amendments of 2022’’; (a) AUTHORIZATION.—Sections 737 and 738 of
(4)(A)(i). (3) in paragraph (1)— the Federal Food, Drug, and Cosmetic Act
‘‘(II) 83 hires if the base establishment reg- (A) in subparagraph (A), by redesignating (21 U.S.C. 379i; 379j) shall cease to be effec-
istration fees are increased by the amount the second clause (iv) (relating to analysis) tive October 1, 2027.
determined under paragraph (4)(A)(i). as clause (v); and (b) REPORTING REQUIREMENTS.—Section
‘‘(E) NUMBER OF HIRES.—For purposes of (B) in subparagraph (A)(iv), by striking 738A of the Federal Food, Drug, and Cos-
this paragraph, the number of hires for a fis- ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year metic Act (21 U.S.C. 379j–1) shall cease to be
cal year shall be determined by the Sec- 2023’’; and effective January 31, 2028.
retary as set forth in the letters described in (4) in paragraph (4), by striking ‘‘2018 (c) PREVIOUS SUNSET PROVISIONS.—Effec-
section 2001(b) of the Medical Device User through 2022’’ and inserting ‘‘2023 through tive October 1, 2022, subsections (a) and (b) of
Fee Amendments of 2022. 2027’’. section 210 of the FDA Reauthorization Act
‘‘(6) OPERATING RESERVE ADJUSTMENT.— (b) REAUTHORIZATION.—Section 738A(b) of of 2017 (Public Law 115–52) are repealed.
‘‘(A) IN GENERAL.—For each of fiscal years the Federal Food, Drug, and Cosmetic Act SEC. 2008. EFFECTIVE DATE.
2023 through 2027, after the adjustments (21 U.S.C. 379j–1(b)) is amended— The amendments made by this title shall
under paragraphs (2), (3), (4), and (5), if appli- (1) in paragraph (1), by striking ‘‘2022’’ and take effect on October 1, 2022, or the date of
cable, if the Secretary has operating reserves inserting ‘‘2027’’; and the enactment of this Act, whichever is
of carryover user fees for the process for the (2) in paragraph (5), by striking ‘‘2022’’ and later, except that fees under part 3 of sub-
review of device applications in excess of the inserting ‘‘2027’’. chapter C of chapter VII of the Federal Food,
designated amount in subparagraph (B), the SEC. 2005. CONFORMITY ASSESSMENT PILOT Drug, and Cosmetic Act (21 U.S.C. 379i et
Secretary shall decrease the base establish- PROGRAM. seq.) shall be assessed for all submissions
ment registration fee amounts to provide for Section 514(d) of the Federal Food, Drug, listed in section 738(a)(2)(A) of such Act re-
not more than such designated amount of op- and Cosmetic Act (21 U.S.C. 360d(d)) is ceived on or after October 1, 2022, regardless
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erating reserves. amended to read as follows: of the date of the enactment of this Act.
‘‘(B) DESIGNATED AMOUNT.—Subject to sub- ‘‘(d) ACCREDITATION SCHEME FOR CON- SEC. 2009. SAVINGS CLAUSE.
paragraph (C), for each fiscal year, the des- FORMITY ASSESSMENT.— Notwithstanding the amendments made by
ignated amount in this subparagraph is ‘‘(1) IN GENERAL.—The Secretary shall es- this title, part 3 of subchapter C of chapter
equal to the sum of— tablish a program under which— VII of the Federal Food, Drug, and Cosmetic
‘‘(i) 13 weeks of operating reserves of carry- ‘‘(A) testing laboratories meeting criteria Act (21 U.S.C. 379i et seq.), as in effect on the
over user fees; and specified in guidance by the Secretary may day before the date of the enactment of this
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S5106 CONGRESSIONAL RECORD — SENATE September 27, 2022
title, shall continue to be in effect with re- (c) ADJUSTMENTS.—Section 744B(c) of the ‘‘(III) for purposes of a fiscal year 2026 ad-
spect to the submissions listed in section Federal Food, Drug, and Cosmetic Act (21 justment, the Secretary determines that
738(a)(2)(A) of such Act (as defined in such U.S.C. 379j–42(c)) is amended— during the period from April 1, 2023, through
part as of such day) that on or after October (1) in paragraph (1)— March 31, 2025—
1, 2017, but before October 1, 2022, were re- (A) in the matter preceding subparagraph ‘‘(aa) the total number of abbreviated new
ceived by the Food and Drug Administration (A)— drug applications submitted was greater
with respect to assessing and collecting any (i) by striking ‘‘2019’’ and inserting ‘‘2024’’; than or equal to 2,300; or
fee required by such part for a fiscal year and ‘‘(bb) thirty-five percent or more of abbre-
prior to fiscal year 2023. (ii) by striking ‘‘to equal the product of the viated new drug applications submitted re-
TITLE III—FEES RELATING TO GENERIC total revenues established in such notice for lated to complex products (as so defined);
DRUGS the prior fiscal year multiplied’’ and insert- and
SEC. 3001. SHORT TITLE; FINDING. ing ‘‘to equal the base revenue amount for ‘‘(IV) for purposes of a fiscal year 2027 ad-
(a) SHORT TITLE.—This title may be cited the fiscal year (as specified in subsection justment, the Secretary determines that
as the ‘‘Generic Drug User Fee Amendments (b)(1)(B)(ii)) multiplied’’; and during the period from April 1, 2024, through
of 2022’’. (B) in subparagraph (C), by striking March 31, 2026—
(b) FINDING.—Congress finds that the fees ‘‘Washington-Baltimore, DC–MD–VA–WV’’ ‘‘(aa) the total number of abbreviated new
authorized by the amendments made by this and inserting ‘‘Washington-Arlington-Alex- drug applications submitted was greater
title will be dedicated to human generic drug andria, DC–VA–MD–WV’’; and than or equal to 2,300; or
activities, as set forth in the goals identified (2) by striking paragraph (2) and inserting ‘‘(bb) thirty-five percent or more of abbre-
for purposes of part 7 of subchapter C of the following: viated new drug applications submitted re-
chapter VII of the Federal Food, Drug, and ‘‘(2) CAPACITY PLANNING ADJUSTMENT.— lated to complex products (as so defined).
Cosmetic Act (21 U.S.C. 379j–41 et seq.), in ‘‘(A) IN GENERAL.—Beginning with fiscal ‘‘(D) PUBLICATION IN FEDERAL REGISTER.—
the letters from the Secretary of Health and year 2024, the Secretary shall, in addition to The Secretary shall publish in the Federal
Human Services to the Chairman of the the adjustment under paragraph (1), further Register notice referred to in subsection (a)
Committee on Health, Education, Labor, and increase the fee revenue and fees under this the fee revenue and fees resulting from the
Pensions of the Senate and the Chairman of section for a fiscal year, in accordance with adjustment and the methodology under this
the Committee on Energy and Commerce of this paragraph, to reflect changes in the re- paragraph.
the House of Representatives, as set forth in source capacity needs of the Secretary for ‘‘(3) OPERATING RESERVE ADJUSTMENT.—
the Congressional Record. human generic drug activities. ‘‘(A) IN GENERAL.—For fiscal year 2024 and
SEC. 3002. AUTHORITY TO ASSESS AND USE ‘‘(B) CAPACITY PLANNING METHODOLOGY.— each subsequent fiscal year, the Secretary
HUMAN GENERIC DRUG FEES. The Secretary shall establish a capacity may, in addition to adjustments under para-
(a) TYPES OF FEES.—Section 744B(a) of the planning methodology for purposes of this graphs (1) and (2), further increase the fee
Federal Food, Drug, and Cosmetic Act (21 paragraph, which shall— revenue and fees under this section for such
U.S.C. 379j–42(a)) is amended— ‘‘(i) be derived from the methodology and fiscal year if such an adjustment is nec-
(1) in the matter preceding paragraph (1), recommendations made in the report titled essary to provide operating reserves of carry-
by striking ‘‘2018’’ and inserting ‘‘2023’’; ‘Independent Evaluation of the GDUFA Re- over user fees for human generic drug activi-
(2) in paragraph (2)(C), by striking ‘‘2018 source Capacity Planning Adjustment Meth- ties for not more than the number of weeks
through 2022’’ and inserting ‘‘2023 through odology: Evaluation and Recommendations’ specified in subparagraph (B) with respect to
2027’’; announced in the Federal Register on August that fiscal year.
(3) in paragraph (3)(B), by striking ‘‘2018 3, 2020 (85 Fed. Reg. 46658); and ‘‘(B) NUMBER OF WEEKS.—The number of
through 2022’’ and inserting ‘‘2023 through ‘‘(ii) incorporate approaches and attributes weeks specified in this subparagraph is—
2027’’; determined appropriate by the Secretary, in- ‘‘(i) 8 weeks for fiscal year 2024;
(4) in paragraph (4)(D), by striking ‘‘2018 cluding approaches and attributes made in ‘‘(ii) 9 weeks for fiscal year 2025; and
through 2022’’ and inserting ‘‘2023 through such report, except that in incorporating ‘‘(iii) 10 weeks for each of fiscal year 2026
2027’’; and such approaches and attributes the workload and 2027.
(5) in paragraph (5)(D), by striking ‘‘2018 categories used in forecasting resources shall ‘‘(C) DECREASE.—If the Secretary has car-
through 2022’’ and inserting ‘‘2023 through only be the workload categories specified in ryover balances for human generic drug ac-
2027’’. section VIII.B.2.e. of the letters described in tivities in excess of 12 weeks of the operating
(b) FEE REVENUE AMOUNTS.—Section section 3001(b) of the Generic Drug User Fee reserves referred to in subparagraph (A), the
744B(b) of the Federal Food, Drug, and Cos- Amendments of 2022. Secretary shall decrease the fee revenue and
metic Act (21 U.S.C. 379j–42(b)) is amended— ‘‘(C) LIMITATIONS.— fees referred to in such subparagraph to pro-
(1) in paragraph (1)— ‘‘(i) IN GENERAL.—Under no circumstances vide for not more than 12 weeks of such oper-
(A) in subparagraph (A)— shall an adjustment under this paragraph re- ating reserves.
(i) in the heading, by striking ‘‘2018’’ and in- sult in fee revenue for a fiscal year that is ‘‘(D) RATIONALE FOR ADJUSTMENT.—If an
serting ‘‘2023’’; less than the sum of the amounts under sub- adjustment under this paragraph is made,
(ii) by striking ‘‘2018’’ and inserting ‘‘2023’’; section (b)(1)(B)(ii) (the base revenue amount the rationale for the amount of the increase
and for the fiscal year) and paragraph (1) (the
or decrease (as applicable) in fee revenue and
(iii) by striking ‘‘$493,600,000’’ and inserting dollar amount of the inflation adjustment
fees shall be contained in the annual Federal
‘‘$582,500,000’’; and for the fiscal year).
Register notice under subsection (a) pub-
(B) by amending subparagraph (B) to read ‘‘(ii) ADDITIONAL LIMITATION.—An adjust-
lishing the fee revenue and fees for the fiscal
as follows: ment under this paragraph shall not exceed 3
year involved.’’.
‘‘(B) FISCAL YEARS 2024 THROUGH 2027.— percent of the sum described in clause (i) for
‘‘(i) IN GENERAL.—For each of the fiscal the fiscal year, except that such limitation (d) ANNUAL FEE SETTING.—Section
years 2024 through 2027, fees under para- shall be 4 percent if— 744B(d)(1) of the Federal Food, Drug, and
graphs (2) through (5) of subsection (a) shall ‘‘(I) for purposes of a fiscal year 2024 ad- Cosmetic Act (21 U.S.C. 379j–42(d)(1)) is
be established to generate a total estimated justment, the Secretary determines that amended—
revenue amount under such subsection that during the period from April 1, 2021, through (1) in the paragraph heading, by striking
is equal to the base revenue amount for the March 31, 2023— ‘‘2018 THROUGH 2022’’ and inserting ‘‘2023
fiscal year under clause (ii), as adjusted pur- ‘‘(aa) the total number of abbreviated new THROUGH 2027’’; and
suant to subsection (c). drug applications submitted was greater (2) by striking ‘‘more than 60 days before
‘‘(ii) BASE REVENUE AMOUNT.—The base rev- than or equal to 2,000; or the first day of each of fiscal years 2018
enue amount for a fiscal year referred to in ‘‘(bb) thirty-five percent or more of abbre- through 2022’’ and inserting ‘‘later than 60
clause (i) is equal to the total revenue viated new drug applications submitted re- days before the first day of each of fiscal
amount established under this paragraph for lated to complex products (as that term is years 2023 through 2027’’.
the previous fiscal year, not including any defined in section XI of the letters described
adjustments made for such previous fiscal in section 3001(b) of the Generic Drug User (e) EFFECT OF FAILURE TO PAY FEES.—The
year under subsection (c)(3).’’; and Fee Amendments of 2022); heading of paragraph (3) of section 744B(g) of
(2) in paragraph (2)— ‘‘(II) for purposes of a fiscal year 2025 ad- the Federal Food, Drug, and Cosmetic Act
(A) in subparagraph (C), by striking ‘‘one- justment, the Secretary determines that (21 U.S.C. 379j–42(g)) is amended by striking
third the amount’’ and inserting ‘‘twenty- during the period from April 1, 2022, through ‘‘AND PRIOR APPROVAL SUPPLEMENT FEE’’.
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four percent’’; March 31, 2024—
(f) CREDITING AND AVAILABILITY OF FEES.—
(B) in subparagraph (D), by striking ‘‘(aa) the total number of abbreviated new
‘‘Seven percent’’ and inserting ‘‘Six per- drug applications submitted was greater Section 744B(i)(3) of the Federal Food, Drug,
cent’’; and than or equal to 2,300; or and Cosmetic Act (21 U.S.C. 379j–42(i)(3)) is
(C) in subparagraph (E)(i), by striking ‘‘(bb) thirty-five percent or more of abbre- amended by striking ‘‘fiscal years 2018
‘‘Thirty-five percent’’ and inserting ‘‘Thirty- viated new drug applications submitted re- through 2022’’ and inserting ‘‘fiscal years 2023
six percent’’. lated to complex products (as so defined); through 2027’’.
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5107
SEC. 3003. REAUTHORIZATION; REPORTING RE- (b) FINDING.—Congress finds that the fees logical product development program for a
QUIREMENTS. authorized by the amendments made by this product under subparagraph (C), or who has
Section 744C of the Federal Food, Drug, title will be dedicated to expediting the proc- been administratively removed from such
and Cosmetic Act (21 U.S.C. 379j–43) is ess for the review of biosimilar biological program for a product under subparagraph
amended— product applications, including postmarket (E)(v), shall, if the person seeks to resume
(1) in subsection (a)(1), by striking ‘‘Begin- safety activities, as set forth in the goals participation in such program, pay all an-
ning with fiscal year 2018, not’’ and inserting identified for purposes of part 8 of sub- nual biosimilar biological product develop-
‘‘Not’’; chapter C of chapter VII of the Federal Food, ment fees previously assessed for such prod-
(2) by striking ‘‘Generic Drug User Fee Drug, and Cosmetic Act (21 U.S.C. 379j–51 et uct and still owed and a fee (referred to in
Amendments of 2017’’ each place it appears seq.), in the letters from the Secretary of this section as ‘reactivation fee’) by the ear-
and inserting ‘‘Generic Drug User Fee Health and Human Services to the Chairman lier of the following:
Amendments of 2022’’; of the Committee on Health, Education, ‘‘(I) Not later than 7 days after the Sec-
(3) in subsection (a)(2), by striking ‘‘Not Labor, and Pensions of the Senate and the retary grants a request by such person for a
later than 30 calendar days after the end of Chairman of the Committee on Energy and biosimilar biological product development
the second quarter of fiscal year 2018, and Commerce of the House of Representatives, meeting for the product (after the date on
not later than 30 calendar days after the end as set forth in the Congressional Record. which such participation was discontinued or
of each quarter of each fiscal year there- SEC. 4002. DEFINITIONS. the date of administrative removal, as appli-
after’’ and inserting ‘‘Not later than 30 cal- cable).
(a) ADJUSTMENT FACTOR.—Section 744G(1)
endar days after the end of each quarter of ‘‘(II) Upon the date of submission (after the
of the Federal Food, Drug, and Cosmetic Act
each fiscal year for which fees are collected date on which such participation was discon-
(21 U.S.C. 379j–51(1)) is amended to read as
under this part’’; tinued or the date of administrative re-
follows:
(4) in subsection (a)(3), by striking ‘‘Begin- moval, as applicable) by such person of an in-
‘‘(1) The term ‘adjustment factor’ applica-
ning with fiscal year 2020, the’’ and inserting vestigational new drug application describ-
ble to a fiscal year is the Consumer Price
‘‘The’’; ing an investigation that the Secretary de-
Index for urban consumers (Washington-Ar-
(5) in subsection (b), by striking ‘‘Begin- termines is intended to support a biosimilar
lington-Alexandria, DC–VA–MD–WV; Not
ning with fiscal year 2018, not’’ and inserting biological product application for that prod-
Seasonally Adjusted; All items) for Sep- uct.
‘‘Not’’;
tember of the preceding fiscal year divided ‘‘(ii) APPLICATION OF ANNUAL FEE.—A per-
(6) in subsection (c), by striking ‘‘Begin-
by such Index for September 2011.’’. son that pays a reactivation fee for a product
ning with fiscal year 2018, for’’ and inserting
(b) BIOSIMILAR BIOLOGICAL PRODUCT APPLI- shall pay for such product, beginning in the
‘‘For’’; and
CATION.—Section 744G(4)(B)(iii) of the Fed-
(7) in subsection (f)— next fiscal year, the annual biosimilar bio-
eral Food, Drug, and Cosmetic Act (21 U.S.C. logical product development fee under sub-
(A) in paragraph (1), in the matter pre-
379j–51(4)(B)(iii)) is amended— paragraph (B), except that, in the case that
ceding subparagraph (A), by striking ‘‘fiscal
(1) by striking subclause (II) (relating to an such product (including, where applicable,
year 2022’’ and inserting ‘‘fiscal year 2027’’;
allergenic extract product); and ownership of the relevant investigational
and
(2) by redesignating subclauses (III) and new drug application) is transferred to a li-
(B) in paragraph (5), by striking ‘‘January
(IV) as subclauses (II) and (III), respectively. censee, assignee, or successor of such person,
15, 2022’’ and inserting ‘‘January 15, 2027’’.
SEC. 4003. AUTHORITY TO ASSESS AND USE BIO- and written notice of such transfer is pro-
SEC. 3004. SUNSET DATES.
SIMILAR BIOLOGICAL PRODUCT vided to the Secretary, such licensee, as-
(a) AUTHORIZATION.—Sections 744A and FEES.
744B of the Federal Food, Drug, and Cos- signee, or successor shall pay the annual bio-
(a) TYPES OF FEES.— similar biological product development fee.’’.
metic Act (21 U.S.C. 379j–41; 379j–42) shall (1) IN GENERAL.—The matter preceding
cease to be effective October 1, 2027. (5) EFFECT OF FAILURE TO PAY FEES.—Sec-
paragraph (1) in section 744H(a) of the Fed- tion 744H(a)(1)(E) of the Federal Food, Drug,
(b) REPORTING REQUIREMENTS.—Section
eral Food, Drug, and Cosmetic Act (21 U.S.C. and Cosmetic Act (21 U.S.C. 379j–52(a)(1)(E))
744C of the Federal Food, Drug, and Cosmetic
379j–52(a)) is amended by striking ‘‘fiscal is amended by adding at the end the fol-
Act (21 U.S.C. 379j–43) shall cease to be effec-
year 2018’’ and inserting ‘‘fiscal year 2023’’. lowing:
tive January 31, 2028.
(c) PREVIOUS SUNSET PROVISION.—Effective (2) INITIAL BIOSIMILAR BIOLOGICAL PRODUCT ‘‘(v) ADMINISTRATIVE REMOVAL FROM THE
DEVELOPMENT FEE.—Clauses (iv)(I) and (v)(II) BIOSIMILAR BIOLOGICAL PRODUCT DEVELOP-
October 1, 2022, subsections (a) and (b) of sec-
of section 744H(a)(1)(A) of the Federal Food, MENT PROGRAM.—If a person has failed to pay
tion 305 of the FDA Reauthorization Act of
Drug, and Cosmetic Act (21 U.S.C. 379j– an annual biosimilar biological product de-
2017 (Public Law 115–52) are repealed.
52(a)(1)(A)) are each amended by striking ‘‘5 velopment fee for a product as required
SEC. 3005. EFFECTIVE DATE.
days’’ and inserting ‘‘7 days’’. under subparagraph (B) for a period of 2 con-
The amendments made by this title shall
(3) ANNUAL BIOSIMILAR BIOLOGICAL PRODUCT secutive fiscal years, the Secretary may ad-
take effect on October 1, 2022, or the date of
DEVELOPMENT FEE.—Section 744H(a)(1)(B) of ministratively remove such person from the
the enactment of this Act, whichever is
the Federal Food, Drug, and Cosmetic Act biosimilar biological product development
later, except that fees under part 7 of sub-
(21 U.S.C. 379j–52(a)(1)(B)) is amended— program for the product. At least 30 days
chapter C of chapter VII of the Federal Food,
(A) in clause (i), by inserting before the pe- prior to administratively removing a person
Drug, and Cosmetic Act (21 U.S.C. 379j–41 et
riod at the end the following: ‘‘, except that, from the biosimilar biological product devel-
seq.) shall be assessed for all abbreviated new
in the case that such product (including, opment program for a product under this
drug applications received on or after Octo-
where applicable, ownership of the relevant clause, the Secretary shall provide written
ber 1, 2022, regardless of the date of the en-
investigational new drug application) is notice to such person of the intended admin-
actment of this Act.
transferred to a licensee, assignee, or suc- istrative removal.’’.
SEC. 3006. SAVINGS CLAUSE.
cessor of such person, and written notice of (6) BIOSIMILAR BIOLOGICAL PRODUCT APPLI-
Notwithstanding the amendments made by such transfer is provided to the Secretary, CATION FEE.—Section 744H(a)(2)(D) of the
this title, part 7 of subchapter C of chapter such licensee, assignee, or successor shall Federal Food, Drug, and Cosmetic Act (21
VII of the Federal Food, Drug, and Cosmetic pay the annual biosimilar biological product U.S.C. 379j–52(a)(2)(D)) is amended by insert-
Act (21 U.S.C. 379j–41 et seq.), as in effect on development fee’’; ing after ‘‘or was withdrawn’’ the following:
the day before the date of the enactment of (B) in clause (iii)— ‘‘prior to approval’’.
this title, shall continue to be in effect with (i) in subclause (I), by striking ‘‘or’’ at the (7) BIOSIMILAR BIOLOGICAL PRODUCT PRO-
respect to abbreviated new drug applications end; GRAM FEE.—Section 744H(a)(3) of the Federal
(as defined in such part as of such day) that (ii) in subclause (II), by striking the period Food, Drug, and Cosmetic Act (21 U.S.C. 379j–
were received by the Food and Drug Admin- at the end and inserting ‘‘; or’’; and 52(a)(3)) is amended—
istration within the meaning of section (iii) by adding at the end the following: (A) in subparagraph (A)—
505(j)(5)(A) of such Act (21 U.S.C. 355(j)(5)(A)), ‘‘(III) been administratively removed from (i) in clause (i), by striking ‘‘and’’ at the
prior approval supplements that were sub- the biosimilar biological product develop- end;
mitted, and drug master files for Type II ac- ment program for the product under sub- (ii) by redesignating clause (ii) as clause
tive pharmaceutical ingredients that were paragraph (E)(v).’’; and (iii); and
first referenced on or after October 1, 2017, (C) in clause (iv), by striking ‘‘is accepted (iii) by inserting after clause (i) the fol-
but before October 1, 2022, with respect to as- for filing on or after October 1 of such fiscal lowing:
sessing and collecting any fee required by year’’ and inserting ‘‘is subsequently accept- ‘‘(ii) may be dispensed only under prescrip-
such part for a fiscal year prior to fiscal year ed for filing’’. tion pursuant to section 503(b); and’’; and
2023.
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(4) REACTIVATION FEE.—Section (B) by adding at the end the following:
TITLE IV—FEES RELATING TO 744H(a)(1)(D) of the Federal Food, Drug, and ‘‘(E) MOVEMENT TO DISCONTINUED LIST.—
BIOSIMILAR BIOLOGICAL PRODUCTS Cosmetic Act (21 U.S.C. 379j–52(a)(1)(D)) is ‘‘(i) DATE OF INCLUSION.—If a written re-
SEC. 4001. SHORT TITLE; FINDING. amended to read as follows: quest to place a product on the list ref-
(a) SHORT TITLE.—This title may be cited ‘‘(D) REACTIVATION FEE.— erenced in subparagraph (A) of discontinued
as the ‘‘Biosimilar User Fee Amendments of ‘‘(i) IN GENERAL.—A person that has discon- biosimilar biological products is submitted
2022’’. tinued participation in the biosimilar bio- to the Secretary on behalf of an applicant,
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S5108 CONGRESSIONAL RECORD — SENATE September 27, 2022
and the request identifies the date the prod- ‘‘(3) ANNUAL BASE REVENUE.—For purposes ‘‘(A) INCREASE.—For fiscal year 2023 and
uct is, or will be, withdrawn from sale, then of paragraph (1), the dollar amount of the an- subsequent fiscal years, the Secretary shall,
for purposes of assessing the biosimilar bio- nual base revenue for a fiscal year shall be— in addition to adjustments under paragraphs
logical product program fee, the Secretary ‘‘(A) for fiscal year 2023, $43,376,922; and (1), (2), and (3), further increase the fee rev-
shall consider such product to have been in- ‘‘(B) for fiscal years 2024 through 2027, the enue and fees if such an adjustment is nec-
cluded on such list on the later of— dollar amount of the total revenue amount essary to provide for at least 10 weeks of op-
‘‘(I) the date such request was received; or established under paragraph (1) for the pre- erating reserves of carryover user fees for
‘‘(II) if the product will be withdrawn from vious fiscal year, excluding any adjustments the process for the review of biosimilar bio-
sale on a future date, such future date when to such revenue amount under subsection logical product applications.
the product is withdrawn from sale. (c)(4).’’. ‘‘(B) DECREASE.—
‘‘(ii) TREATMENT AS WITHDRAWN FROM (c) ADJUSTMENTS; ANNUAL FEE SETTING.— ‘‘(i) FISCAL YEAR 2023.—For fiscal year 2023,
SALE.—For purposes of clause (i), a product Section 744H(c) of the Federal Food, Drug, if the Secretary has carryover balances for
shall be considered withdrawn from sale once and Cosmetic Act (21 U.S.C. 379j–52(c)) is such process in excess of 33 weeks of such op-
the applicant has ceased its own distribution amended— erating reserves, the Secretary shall de-
of the product, whether or not the applicant (1) in paragraph (1)— crease such fee revenue and fees to provide
has ordered recall of all previously distrib- (A) in subparagraph (A)— for not more than 33 weeks of such operating
uted lots of the product, except that a rou- (i) in the matter preceding clause (i), by reserves.
tine, temporary interruption in supply shall striking ‘‘subsection (b)(2)(B)’’ and inserting ‘‘(ii) FISCAL YEAR 2024.—For fiscal year 2024,
not render a product withdrawn from sale. ‘‘subsection (b)(1)(B)’’; and if the Secretary has carryover balances for
‘‘(iii) SPECIAL RULE FOR PRODUCTS REMOVED (ii) in clause (i), by striking ‘‘subsection such process in excess of 27 weeks of such op-
FROM DISCONTINUED LIST.—If a biosimilar bio- (b)’’ and inserting ‘‘subsection (b)(1)(A)’’; and erating reserves, the Secretary shall de-
logical product that is identified in a bio- (B) in subparagraph (B)(ii), by striking crease such fee revenue and fees to provide
similar biological product application ap- ‘‘Washington-Baltimore, DC–MD–VA–WV’’ for not more than 27 weeks of such operating
proved as of October 1 of a fiscal year ap- and inserting ‘‘Washington-Arlington-Alex- reserves.
pears, as of October 1 of such fiscal year, on andria, DC–VA–MD–WV’’; ‘‘(iii) FISCAL YEAR 2025 AND SUBSEQUENT FIS-
the list referenced in subparagraph (A) of (2) by striking paragraphs (2) through (4) CAL YEARS.—For fiscal year 2025 and subse-
discontinued biosimilar biological products, and inserting the following:
quent fiscal years, if the Secretary has car-
and on any subsequent day during such fiscal ‘‘(2) STRATEGIC HIRING AND RETENTION AD-
ryover balances for such process in excess of
year the biosimilar biological product does JUSTMENT.—For each fiscal year, after the
21 weeks of such operating reserves, the Sec-
not appear on such list, except as provided in annual base revenue under subsection
retary shall decrease such fee revenue and
subparagraph (D), each person who is named (b)(1)(A) is adjusted for inflation in accord-
fees to provide for not more than 21 weeks of
as the applicant in a biosimilar biological ance with paragraph (1), the Secretary shall
such operating reserves.
product application with respect to such further increase the fee revenue and fees by
‘‘(C) FEDERAL REGISTER NOTICE.—If an ad-
product shall pay the annual biosimilar bio- $150,000.
justment under subparagraph (A) or (B) is
logical product program fee established for a ‘‘(3) CAPACITY PLANNING ADJUSTMENT.—
‘‘(A) IN GENERAL.—For each fiscal year, the made, the rationale for the amount of the in-
fiscal year under subsection (c)(5) for such crease or decrease (as applicable) in fee rev-
biosimilar biological product. Notwith- Secretary shall, in addition to the adjust-
ments under paragraphs (1) and (2), further enue and fees shall be contained in the an-
standing subparagraph (B), such fee shall be
adjust the fee revenue and fees under this nual Federal Register notice under para-
due on the last business day of such fiscal
section for a fiscal year to reflect changes in graph (5)(B) establishing fee revenue and fees
year and shall be paid only once for each
the resource capacity needs of the Secretary for the fiscal year involved.’’; and
such product for each fiscal year.’’.
for the process for the review of biosimilar (3) in paragraph (5), in the matter pre-
(8) BIOSIMILAR BIOLOGICAL PRODUCT FEE.—
biological product applications. ceding subparagraph (A), by striking ‘‘2018’’
Section 744H(a) of the Federal Food, Drug,
‘‘(B) METHODOLOGY.—For purposes of this and inserting ‘‘2023’’.
and Cosmetic Act (21 U.S.C. 379j–52(a)) is
amended by striking paragraph (4). paragraph, the Secretary shall employ the (d) CREDITING AND AVAILABILITY OF FEES.—
(b) FEE REVENUE AMOUNTS.—Subsection (b) capacity planning methodology utilized by Subsection (f)(3) of section 744H of the Fed-
of section 744H of the Federal Food, Drug, the Secretary in setting fees for fiscal year eral Food, Drug, and Cosmetic Act (21 U.S.C.
and Cosmetic Act (21 U.S.C. 379j–52) is 2021, as described in the notice titled ‘Bio- 379j–52(f)(3)) is amended by striking ‘‘2018
amended— similar User Fee Rates for Fiscal Year 2021’ through 2022’’ and inserting ‘‘2023 through
(1) by striking paragraph (1); published in the Federal Register on August 2027’’.
(2) by redesignating paragraphs (2) through 4, 2020 (85 Fed. Reg. 47220). The workload cat- (e) WRITTEN REQUESTS FOR WAIVERS AND
(4) as paragraphs (1) through (3), respec- egories used in applying such methodology RETURNS; DISPUTES CONCERNING FEES.—Sec-
tively; in forecasting shall include only the activi- tion 744H(h) of the Federal Food, Drug, and
(3) by amending paragraph (1) (as so redes- ties described in that notice and, as feasible, Cosmetic Act (21 U.S.C. 379j–52(h)) is amend-
ignated) to read as follows: additional activities that are directly re- ed to read as follows:
‘‘(1) IN GENERAL.—For each of the fiscal lated to the direct review of biosimilar bio- ‘‘(h) WRITTEN REQUESTS FOR WAIVERS AND
years 2023 through 2027, fees under subsection logical product applications and supple- RETURNS; DISPUTES CONCERNING FEES.—To
(a) shall, except as provided in subsection ments, including additional formal meeting qualify for consideration for a waiver under
(c), be established to generate a total rev- types, the direct review of postmarketing subsection (d), or for the return of any fee
enue amount equal to the sum of— commitments and requirements, the direct paid under this section, including if the fee is
‘‘(A) the annual base revenue for the fiscal review of risk evaluation and mitigation claimed to have been paid in error, a person
year (as determined under paragraph (3)); strategies, and the direct review of annual shall submit to the Secretary a written re-
‘‘(B) the dollar amount equal to the infla- reports for approved biosimilar biological quest justifying such waiver or return and,
tion adjustment for the fiscal year (as deter- products. Subject to the exceptions in the except as otherwise specified in this section,
mined under subsection (c)(1)); preceding sentence, the Secretary shall not such written request shall be submitted to
‘‘(C) the dollar amount equal to the stra- include as workload categories in applying the Secretary not later than 180 days after
tegic hiring and retention adjustment (as de- such methodology in forecasting any non- such fee is due. A request submitted under
termined under subsection (c)(2)); core review activities, including those ac- this paragraph shall include any legal au-
‘‘(D) the dollar amount equal to the capac- tivities that the Secretary referenced for po- thorities under which the request is made.’’.
ity planning adjustment for the fiscal year tential future use in such notice but did not
(as determined under subsection (c)(3)); utilize in setting fees for fiscal year 2021. SEC. 4004. REAUTHORIZATION; REPORTING RE-
‘‘(E) the dollar amount equal to the oper- ‘‘(C) LIMITATIONS.—Under no cir- QUIREMENTS.
ating reserve adjustment for the fiscal year, cumstances shall an adjustment under this Section 744I of the Federal Food, Drug, and
if applicable (as determined under subsection paragraph result in fee revenue for a fiscal Cosmetic Act (21 U.S.C. 379j–53) is amended—
(c)(4)); year that is less than the sum of the (1) in subsection (a)(1), by striking ‘‘Begin-
‘‘(F) for fiscal year 2023 an additional amounts under subsections (b)(1)(A) (the an- ning with fiscal year 2018, not’’ and inserting
amount of $4,428,886; and nual base revenue for the fiscal year), ‘‘Not’’;
‘‘(G) for fiscal year 2024 an additional (b)(1)(B) (the dollar amount of the inflation (2) by striking ‘‘Biosimilar User Fee
amount of $320,569.’’; adjustment for the fiscal year), and (b)(1)(C) Amendments of 2017’’ each place it appears
(4) in paragraph (2) (as so redesignated)— (the dollar amount of the strategic hiring and inserting ‘‘Biosimilar User Fee Amend-
(A) in the paragraph heading, by striking and retention adjustment). ments of 2022’’;
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‘‘; LIMITATIONS ON FEE AMOUNTS’’; ‘‘(D) PUBLICATION IN FEDERAL REGISTER.— (3) in subsection (a)(2), by striking ‘‘Begin-
(B) by striking subparagraph (B); and The Secretary shall publish in the Federal ning with fiscal year 2018, the’’ and inserting
(C) by redesignating subparagraphs (C) and Register notice under paragraph (5) the fee ‘‘The’’;
(D) as subparagraphs (B) and (C), respec- revenue and fees resulting from the adjust- (4) in subsection (a)(3)(A), by striking ‘‘Not
tively; and ment and the methodologies under this para- later than 30 calendar days after the end of
(5) by amending paragraph (3) (as so redes- graph. the second quarter of fiscal year 2018, and
ignated) to read as follows: ‘‘(4) OPERATING RESERVE ADJUSTMENT.— not later than 30 calendar days after the end
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5109
of each quarter of each fiscal year there- for the period beginning on October 1, 2022, (7) on May 20, 2022, U.S. Forest Service
after’’ and inserting ‘‘Not later than 30 cal- and ending on December 16, 2022’’. Chief Randy Moore ordered a 90-day review
endar days after the end of each quarter of SEC. 5004. REAUTHORIZATION OF PROVISION of prescribed burn policies to reduce the risk
each fiscal year for which fees are collected PERTAINING TO DRUGS CON- of wildfires and ensure the safety of the com-
under this part’’; TAINING SINGLE ENANTIOMERS. munities involved;
(5) in subsection (b), by striking ‘‘Not later Section 505(u)(4) of the Federal Food, Drug, (8) the U.S. Forest Service has assumed re-
than 120 days after the end of fiscal year 2018 and Cosmetic Act (21 U.S.C. 355(u)(4)) is sponsibility for the Hermit’s Peak/Calf Can-
and each subsequent fiscal year for which amended by striking ‘‘October 1’’ and insert- yon Fire;
fees are collected under this part’’ and in- ing ‘‘December 17’’. (9) the fire resulted in the loss of Federal,
serting ‘‘Not later than 120 days after the SEC. 5005. REAUTHORIZATION OF THE CRITICAL State, local, Tribal, and private property;
end of each fiscal year for which fees are col- PATH PUBLIC-PRIVATE PARTNER- and
lected under this part’’; SHIP. (10) the United States should compensate
(6) in subsection (c), by striking ‘‘Begin- Section 566(f) of the Federal Food, Drug, the victims of the Hermit’s Peak/Calf Can-
ning with fiscal year 2018, and for’’ and in- and Cosmetic Act (21 U.S.C. 360bbb–5(f)) is yon Fire.
serting ‘‘For’’; and amended by striking ‘‘$6,000,000 for each of (b) PURPOSES.—The purposes of this Act
(7) in subsection (f)— fiscal years 2018 through 2022’’ and inserting are—
(A) in paragraph (1), in the matter pre- ‘‘$1,265,753 for the period beginning on Octo- (1) to compensate victims of the Hermit’s
ceding subparagraph (A), by striking ‘‘fiscal ber 1, 2022 and ending on December 16, 2022’’. Peak/Calf Canyon Fire, for injuries resulting
year 2022’’ and inserting ‘‘fiscal year 2027’’; SEC. 5006. REAUTHORIZATION OF ORPHAN DRUG from the fire; and
and GRANTS. (2) to provide for the expeditious consider-
(B) in paragraph (3), by striking ‘‘January Section 5(c) of the Orphan Drug Act (21 ation and settlement of claims for those in-
15, 2022’’ and inserting ‘‘January 15, 2027’’. U.S.C. 360ee(c)) is amended by striking juries.
SEC. 4005. SUNSET DATES. ‘‘$30,000,000 for each of fiscal years 2018 SEC. 103. DEFINITIONS.
(a) AUTHORIZATION.—Sections 744G and through 2022’’ and inserting ‘‘$6,328,767 for In this Act:
744H of the Federal Food, Drug, and Cos- the period beginning on October 1, 2022, and (1) ADMINISTRATOR.—The term ‘‘Adminis-
metic Act (21 U.S.C. 379j–51, 379j–52) shall ending on December 16, 2022’’. trator’’ means—
cease to be effective October 1, 2027. SEC. 5007. REAUTHORIZATION OF CERTAIN DE- (A) the Administrator of the Federal Emer-
(b) REPORTING REQUIREMENTS.—Section VICE INSPECTIONS. gency Management Agency; or
744I of the Federal Food, Drug, and Cosmetic Section 704(g)(11) of the Federal Food, (B) if a Manager is appointed under section
Act (21 U.S.C. 379j–53) shall cease to be effec- Drug, and Cosmetic Act (21 U.S.C. 374(g)(11)) 104(a)(3), the Manager.
tive January 31, 2028. is amended by striking ‘‘October 1’’ and in- (2) HERMIT’S PEAK/CALF CANYON FIRE.—The
(c) PREVIOUS SUNSET PROVISION.—Effective serting ‘‘December 17’’. term ‘‘Hermit’s Peak/Calf Canyon Fire’’
October 1, 2022, subsections (a) and (b) of sec- SEC. 5008. REAUTHORIZATION OF REPORTING means—
tion 405 of the FDA Reauthorization Act of REQUIREMENTS RELATED TO PEND- (A) the fire resulting from the initiation by
2017 (Public Law 115–52) are repealed. ING GENERIC DRUG APPLICATIONS
AND PRIORITY REVIEW APPLICA-
the Forest Service of a prescribed burn in
SEC. 4006. EFFECTIVE DATE. the Santa Fe National Forest in San Miguel
TIONS.
The amendments made by this title shall Section 807 of the FDA Reauthorization County, New Mexico, on April 6, 2022;
take effect on October 1, 2022, or the date of Act of 2017 (Public Law 115–52) is amended, in (B) the pile burn holdover resulting from
the enactment of this Act, whichever is the matter preceding paragraph (1), by strik- the prescribed burn by the Forest Service,
later, except that fees under part 8 of sub- ing ‘‘October 1’’ and inserting ‘‘December which reemerged on April 19, 2022; and
chapter C of chapter VII of the Federal Food, 16’’. (C) the merger of the two fires described in
Drug, and Cosmetic Act (21 U.S.C. 379j–51 et subparagraphs (A) and (B), reported as the
seq.) shall be assessed for all biosimilar bio- DIVISION G—HERMIT’S PEAK/CALF Hermit’s Peak Fire or the Hermit’s Peak
logical product applications received on or CANYON FIRE ASSISTANCE ACT Fire/Calf Canyon Fire.
after October 1, 2022, regardless of the date of SEC. 101. SHORT TITLE. (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
the enactment of this Act. This division may be cited as the ‘‘Her- means the recognized governing body of any
SEC. 4007. SAVINGS CLAUSE. mit’s Peak/Calf Canyon Fire Assistance Indian or Alaska Native Tribe, band, nation,
Notwithstanding the amendments made by Act’’. pueblo, village, community, component
this title, part 8 of subchapter C of chapter SEC. 102. FINDINGS AND PURPOSES. band, or component reservation individually
VII of the Federal Food, Drug, and Cosmetic (a) FINDINGS.—Congress finds that— identified (including parenthetically) in the
Act (21 U.S.C. 379j–51 et seq.), as in effect on (1) on April 6, 2022, the Forest Service initi- list published most recently as of the date of
the day before the date of the enactment of ated the Las Dispensas-Gallinas prescribed enactment of this Act pursuant to section
this title, shall continue to be in effect with burn on Federal land in the Santa Fe Na- 104 of the Federally Recognized Indian Tribe
respect to biosimilar biological product ap- tional Forest in San Miguel County, New List Act of 1994 (25 U.S.C. 5131).
plications and supplements (as defined in Mexico, when erratic winds were prevalent in (4) INJURED PERSON.—The term ‘‘injured
such part as of such day) that were accepted the area that was also suffering from severe person’’ means—
by the Food and Drug Administration for fil- drought after many years of insufficient pre- (A) an individual, regardless of the citizen-
ing on or after October 1, 2017, but before Oc- cipitation; ship or alien status of the individual; or
tober 1, 2022, with respect to assessing and (2) on April 6, 2022, the prescribed burn, (B) an Indian Tribe, corporation, Tribal
collecting any fee required by such part for which became known as the ‘‘Hermit’s Peak corporation, partnership, company, associa-
a fiscal year prior to fiscal year 2023. Fire’’, exceeded the containment capabilities tion, county, township, city, State, school
TITLE V—REAUTHORIZATION OF OTHER of the Forest Service, was declared a wild- district, or other non-Federal entity (includ-
PROVISIONS fire, and spread to other Federal and non- ing a legal representative) that suffered in-
Federal land; jury resulting from the Hermit’s Peak/Calf
SEC. 5001. REAUTHORIZATION OF THE BEST
PHARMACEUTICALS FOR CHILDREN (3) on April 19, 2022, the Calf Canyon Fire, Canyon Fire.
PROGRAM. also in San Miguel County, New Mexico, (5) INJURY.—The term ‘‘injury’’ has the
Section 409I(d)(1) of the Public Health began burning on Federal land and was later same meaning as the term ‘‘injury or loss of
Service Act (42 U.S.C. 284m(d)(1)) is amended identified as the result of a pile burn in Jan- property, or personal injury or death’’ as
by striking ‘‘$25,000,000 for each of fiscal uary 2022 that remained dormant under the used in section 1346(b)(1) of title 28, United
years 2018 through 2022’’ and inserting surface before reemerging; States Code.
‘‘$5,273,973 for the period beginning on Octo- (4) on April 27, 2022, the Hermit’s Peak Fire (6) MANAGER.—The term ‘‘Manager’’ means
ber 1, 2022 and ending on December 16, 2022’’. and the Calf Canyon Fire merged, and both an Independent Claims Manager appointed
SEC. 5002. REAUTHORIZATION OF THE HUMANI- fires were reported as the Hermit’s Peak Fire under section 104(a)(3).
TARIAN DEVICE EXEMPTION INCEN- or the Hermit’s Peak/Calf Canyon Fire, (7) OFFICE.—The term ‘‘Office’’ means the
TIVE. which shall be referred to hereafter as the Office of Hermit’s Peak/Calf Canyon Fire
Section 520(m)(6)(A)(iv) of the Federal Hermit’s Peak/Calf Canyon Fire; Claims established by section 104(a)(2).
Food, Drug, and Cosmetic Act (21 U.S.C. (5) by May 2, 2022, the fire had grown in (8) TRIBAL ENTITY.—The term ‘‘Tribal enti-
360j(m)(6)(A)(iv)) is amended by striking ‘‘Oc- size and caused evacuations in multiple vil- ty’’ includes any Indian Tribe, tribal organi-
tober 1’’ and inserting ‘‘December 17’’. lages and communities in San Miguel County zation, Indian-controlled organization serv-
SEC. 5003. REAUTHORIZATION OF THE PEDI- and Mora County, including in the San ing Indians, Native Hawaiian organization,
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ATRIC DEVICE CONSORTIA PRO- Miguel county jail, the State’s psychiatric or Alaska Native entity, as such terms are
GRAM. hospital, the United World College, and New defined or used in section 166 of the Work-
Section 305(e) of the Food and Drug Admin- Mexico Highlands University; force Innovation and Opportunity Act (29
istration Amendments Act of 2007 (Public (6) on May 4, 2022, the President issued a U.S.C. 3221).
Law 110–85; 42 U.S.C. 282 note) is amended by major disaster declaration for the counties SEC. 104. COMPENSATION FOR VICTIMS OF HER-
striking ‘‘$5,250,000 for each of fiscal years of Colfax, Mora, and San Miguel, New Mex- MIT’S PEAK/CALF CANYON FIRE.
2018 through 2022’’ and inserting ‘‘$1,107,534 ico; (a) IN GENERAL.—
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S5110 CONGRESSIONAL RECORD — SENATE September 27, 2022
(1) COMPENSATION.—Each injured person Act, the Administrator shall determine Canyon Fire for the following types of other-
shall be eligible to receive from the United only— wise uncompensated business loss:
States compensation for injury suffered by (i) whether the claimant is an injured per- (i) Damage to tangible assets or inventory,
the injured person as a result of the Hermit’s son; including natural resources.
Peak/Calf Canyon Fire, subject to the avail- (ii) whether the injury that is the subject (ii) Business interruption losses.
ability of appropriations and subject to the of the claim resulted from the Hermit’s (iii) Overhead costs.
Administrator making the determinations Peak/Calf Canyon Fire; (iv) Employee wages for work not per-
required under subsection (d). (iii) whether the person or persons are oth- formed.
(2) OFFICE OF HERMIT’S PEAK/CALF CANYON erwise eligible to receive any amount deter- (v) Loss of business net income.
FIRE CLAIMS.— mined under clause (iv); and (vi) Any other loss that the Administrator
(A) IN GENERAL.—There is established with- (iv) whether sufficient funds are available determines to be appropriate for inclusion as
in the Federal Emergency Management for payment and, if so, the amount, if any, to business loss.
Agency an Office of Hermit’s Peak/Calf Can- be allowed and paid under this Act. (C) FINANCIAL LOSS.—A claim that is paid
yon Fire Claims. (C) INSURANCE AND OTHER BENEFITS.— for injury under this Act may include dam-
(B) PURPOSE.—The Office shall receive, (i) IN GENERAL.—In determining the ages resulting from the Hermit’s Peak/Calf
process, and pay claims in accordance with amount of, and paying, a claim under this Canyon Fire for the following types of other-
this Act. Act, to prevent recovery by a claimant in ex- wise uncompensated financial loss:
(C) FUNDING.—The Office— cess of actual compensatory damages, the (i) Increased mortgage interest costs.
(i) shall be funded from funds made avail- Administrator shall reduce the amount to be (ii) An insurance deductible.
able to the Administrator for carrying out paid for the claim by an amount that is (iii) A temporary living or relocation ex-
this section; equal to the total of insurance benefits (ex- pense.
(ii) may appoint and fix the compensation cluding life insurance benefits) or other pay- (iv) Lost wages or personal income.
of such temporary personnel as may be nec- ments or settlements of any nature that (v) Emergency staffing expenses.
essary, without regard to the provisions of were paid, or will be paid, with respect to the (vi) Debris removal and other cleanup
title 5, United States Code, governing ap- claim. costs.
pointments in competitive service; and (ii) GOVERNMENT LOANS.—This subpara- (vii) Costs of reasonable efforts, as deter-
(iii) may reimburse other Federal agencies graph shall not apply to the receipt by a mined by the Administrator, to reduce the
for claims processing support and assistance. claimant of any government loan that is re- risk of wildfire, flood, or other natural dis-
(3) OPTION TO APPOINT INDEPENDENT CLAIMS quired to be repaid by the claimant. aster in the counties impacted by the Her-
MANAGER.—The Administrator may appoint (2) PARTIAL PAYMENT.— mit’s Peak/Calf Canyon Fire to risk levels
an Independent Claims Manager to— (A) IN GENERAL.—At the request of a claim- prevailing in those counties before the Her-
(A) head the Office; and ant, the Administrator may make 1 or more mit’s Peak/Calf Canyon Fire, that are in-
(B) assume the duties of the Administrator advance or partial payments, subject to the curred not later than the date that is 3 years
under this Act. determination required under paragraph after the date on which the regulations
(4) DETAIL.—Upon the request of the Ad- (1)(B), before the final settlement of a claim, under subsection (f) are first promulgated.
ministrator, the head of any Federal depart- including final settlement on any portion or
(viii) A premium for flood insurance that is
ment or agency may detail, on a reimburs- aspect of a claim that is determined to be
required to be paid on or before May 31, 2024,
able basis, any of the personnel of that de- severable.
if, as a result of the Hermit’s Peak/Calf Can-
partment or agency to the Federal Emer- (B) JUDICIAL DECISION.—If a claimant re-
yon Fire, a person that was not required to
gency Management Agency to assist the ceives a partial payment on a claim under
purchase flood insurance before the Hermit’s
Agency in carrying out the duties under this this Act, but further payment on the claim
Peak/Calf Canyon Fire is required to pur-
Act. is subsequently denied by the Administrator,
chase flood insurance.
(b) SUBMISSION OF CLAIMS.—Not later than the claimant may—
(ix) A disaster assistance loan received
2 years after the date on which regulations (i) seek judicial review under subsection
from the Small Business Administration.
are first promulgated under subsection (f), (i); and
(ii) keep any partial payment that the (x) Any other loss that the Administrator
an injured person may submit to the Admin-
claimant received, unless the Administrator determines to be appropriate for inclusion as
istrator a written claim for 1 or more inju-
determines that the claimant— financial loss.
ries suffered by the injured person in accord-
ance with such requirements as the Adminis- (I) was not eligible to receive the com- (e) ACCEPTANCE OF AWARD.—The accept-
trator determines to be appropriate. pensation; or ance by a claimant of any payment under
(c) INVESTIGATION OF CLAIMS.— (II) fraudulently procured the compensa- this Act, except an advance or partial pay-
(1) IN GENERAL.—In accordance with sub- tion. ment made under subsection (d)(2), shall—
section (d), the Administrator shall, on be- (3) RIGHTS OF INSURER OR OTHER THIRD (1) be final and conclusive on the claimant,
half of the United States, investigate, con- PARTY.—If an insurer or other third party with respect to all claims arising out of or
sider, ascertain, adjust, determine, grant, pays any amount to a claimant to com- relating to the same subject matter; and
deny, or settle any claim for money damages pensate for an injury described in subsection (2) constitute a complete release of all
asserted under subsection (b). (a), the insurer or other third party shall be claims against the United States (including
(2) APPLICABILITY OF STATE LAW.—Except subrogated to any right that the claimant any agency or employee of the United
as otherwise provided in this Act, the laws of has to receive any payment under this Act or States) under chapter 171 of title 28, United
the State of New Mexico shall apply to the any other law. States Code (commonly known as the ‘‘Fed-
calculation of damages under subsection (4) ALLOWABLE DAMAGES.— eral Tort Claims Act’’), or any other Federal
(d)(4). (A) LOSS OF PROPERTY.—A claim that is or State law, arising out of or relating to the
(3) EXTENT OF DAMAGES.—Any payment paid for loss of property under this Act may same subject matter.
under this Act— include otherwise uncompensated damages (f) REGULATIONS AND PUBLIC INFORMA-
(A) shall be limited to actual compen- resulting from the Hermit’s Peak/Calf Can- TION.—
satory damages measured by injuries suf- yon Fire for— (1) REGULATIONS.—Notwithstanding any
fered; and (i) an uninsured or underinsured property other provision of law, not later than 45 days
(B) shall not include— loss; after the date of enactment of this Act, the
(i) interest before settlement or payment (ii) a decrease in the value of real property; Administrator shall promulgate and publish
of a claim; or (iii) damage to physical infrastructure, in- in the Federal Register interim final regula-
(ii) punitive damages. cluding irrigation infrastructure such as tions for the processing and payment of
(d) PAYMENT OF CLAIMS.— acequia systems; claims under this Act.
(1) DETERMINATION AND PAYMENT OF (iv) a cost resulting from lost subsistence (2) PUBLIC INFORMATION.—
AMOUNT.— from hunting, fishing, firewood gathering, (A) IN GENERAL.—At the time at which the
(A) IN GENERAL.— timbering, grazing, or agricultural activities Administrator promulgates regulations
(i) PAYMENT.—Not later than 180 days after conducted on land damaged by the Hermit’s under paragraph (1), the Administrator shall
the date on which a claim is submitted under Peak/Calf Canyon Fire; publish, online and in print, in newspapers of
this Act, the Administrator shall determine (v) a cost of reforestation or revegetation general circulation in the State of New Mex-
and fix the amount, if any, to be paid for the on Tribal or non-Federal land, to the extent ico, a clear, concise, and easily understand-
claim. that the cost of reforestation or revegetation able explanation, in English and Spanish,
(ii) PRIORITY.—The Administrator, to the is not covered by any other Federal program; of—
ctelli on DSK11ZRN23PROD with SENATE
maximum extent practicable, shall pay sub- and (i) the rights conferred under this Act; and
rogation claims submitted under this Act (vi) any other loss that the Administrator (ii) the procedural and other requirements
only after paying claims submitted by in- determines to be appropriate for inclusion as of the regulations promulgated under para-
jured parties that are not insurance compa- loss of property. graph (1).
nies seeking payment as subrogees. (B) BUSINESS LOSS.—A claim that is paid (B) DISSEMINATION THROUGH OTHER MEDIA.—
(B) PARAMETERS OF DETERMINATION.—In de- for injury under this Act may include dam- The Administrator shall disseminate the ex-
termining and settling a claim under this ages resulting from the Hermit’s Peak/Calf planation published under subparagraph (A)
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September 27, 2022 CONGRESSIONAL RECORD — SENATE S5111
through websites, blogs, social media, bro- nection with a claim submitted under this (2) a brief description of the nature of the
chures, pamphlets, radio, television, and Act, fees in excess of the limitations estab- claim; and
other media that the Administrator deter- lished under section 2678 of title 28, United (3) the status or disposition of the claim,
mines are likely to reach prospective claim- States Code. including the amount of any payment under
ants. (2) VIOLATION.—An attorney or agent who this Act.
(g) CONSULTATION.—In administering this violates paragraph (1) shall be fined not more (o) AUTHORIZATION OF APPROPRIATIONS.—
Act, the Administrator shall consult with than $10,000. There are authorized to be appropriated such
the Secretary of the Interior, the Secretary (k) WAIVER OF REQUIREMENT FOR MATCHING sums as are necessary to carry out this Act.
of Energy, the Secretary of Agriculture, the FUNDS.— ---
Administrator of the Small Business Admin- (1) STATE AND LOCAL PROJECT.— SA 5746. Mr. CORNYN (for himself
istration, other Federal agencies, and State, (A) IN GENERAL.—Notwithstanding any and Mr. CARPER) submitted an amend-
local, and Tribal authorities, as determined other provision of law, a State or local ment intended to be proposed to
to be necessary by the Administrator, to— project that is determined by the Adminis-
(1) ensure the efficient administration of amendment SA 5499 submitted by Mr.
trator to be carried out in response to the REED (for himself and Mr. INHOFE) and
the claims process; and Hermit’s Peak/Calf Canyon Fire under any
(2) provide for local concerns. intended to be proposed to the bill H.R.
Federal program that applies to an area af-
(h) ELECTION OF REMEDY.—
fected by the Hermit’s Peak/Calf Canyon
7900, to authorize appropriations for
(1) IN GENERAL.—An injured person may fiscal year 2023 for military activities
Fire shall not be subject to any requirement
elect to seek compensation from the United of the Department of Defense, for mili-
States for 1 or more injuries resulting from for State or local matching funds to pay the
the Hermit’s Peak/Calf Canyon Fire by— cost of the project under the Federal pro- tary construction, and for defense ac-
(A) submitting a claim under this Act; gram. tivities of the Department of Energy,
(B) filing a claim or bringing a civil action (B) FEDERAL SHARE.—The Federal share of to prescribe military personnel
under chapter 171 of title 28, United States the costs of a project described in subpara- strengths for such fiscal year, and for
Code (commonly known as the ‘‘Federal Tort graph (A) shall be 100 percent. other purposes; which was ordered to
Claims Act’’); or (2) OTHER NEEDS PROGRAM ASSISTANCE.—
Notwithstanding section 408(g)(2) of the Rob-
lie on the table; as follows:
(C) bringing an authorized civil action At the end of subtitle F of title XII, add
under any other provision of law. ert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5174(g)(2)), the following:
(2) EFFECT OF ELECTION.—In accordance
for any emergency or major disaster de- SEC. 1276. STRATEGY TO ENHANCE COOPERA-
with subsection (e), an election by an injured TION WITH CANADA AND MEXICO
person to seek compensation in any manner clared by the President under that Act for
WITH RESPECT TO THE RESILIENCY
described in paragraph (1) shall be final and the Hermit’s Peak/Calf Canyon Fire, the
OF NORTH AMERICAN SUPPLY
conclusive on the claimant with respect to Federal share of assistance provided under CHAINS.
all injuries resulting from the Hermit’s that section shall be 100 percent. (a) IN GENERAL.—Not later than 180 days
Peak/Calf Canyon Fire that are suffered by (3) AGRICULTURAL PROGRAM ASSISTANCE.— after the date of the enactment of this Act,
the claimant upon acceptance of an award. (A) IN GENERAL.—Notwithstanding any the United States Trade Representative, in
(3) ARBITRATION.— other provision of law, a State, local, or indi- consultation with the Secretary of State, the
(A) IN GENERAL.—Not later than 45 days vidual project that is determined by the Sec- Secretary of Commerce, the Commissioner of
after the date of enactment of this Act, the retary of Agriculture to be carried out in re- U.S. Customs and Border Protection, and the
Administrator shall establish by regulation sponse to the Hermit’s Peak/Calf Canyon heads of other relevant agencies, shall sub-
procedures under which a dispute regarding a Fire under any Federal program that applies mit to the appropriate congressional com-
claim submitted under this Act may be set- to an area affected by the Hermit’s Peak/Calf mittees a strategy for how the United States
tled by arbitration. Canyon Fire shall not be subject to any re- will work with the governments of Canada
(B) ARBITRATION AS REMEDY.—On establish- quirement for State, local, or individual and Mexico to improve the resiliency of
ment of arbitration procedures under sub- matching funds to pay the cost of the project North American supply chains, including by
paragraph (A), an injured person that sub- under the Federal program. reducing overdependence on, and concentra-
mits a disputed claim under this Act may (B) FEDERAL SHARE.—The Federal share of tion of critical supply chains in, countries
elect to settle the claim through arbitration. the costs of a project described in subpara- that are foreign adversaries of the United
(C) BINDING EFFECT.—An election by an in- graph (A) shall be 100 percent. States.
jured person to settle a claim through arbi- (l) APPLICABILITY OF DEBT COLLECTION RE- (b) ELEMENTS.—The strategy required by
tration under this paragraph shall— QUIREMENTS.—Section 3711(a) of title 31, subsection (a) shall—
(i) be binding; and United States Code, shall not apply to any (1) include a summary of initiatives car-
(ii) preclude any exercise by the injured payment under this Act, unless— ried out with counterparts in Canada and
person of the right to judicial review of a (1) there is evidence of civil or criminal Mexico to enhance cooperation between the
claim described in subsection (i). fraud, misrepresentation, presentation of a United States, Canada, and Mexico with re-
(4) NO EFFECT ON ENTITLEMENTS.—The false claim; or spect to supply chain resiliency, including
value of compensation that may be provided (2) a claimant was not eligible under sub- through the USMCA (as defined in section 3
under this Act shall not be considered in- section (d)(2) of this Act to any partial pay- of the United States-Mexico-Canada Agree-
come or resources for any purpose under any ment. ment Implementation Act (19 U.S.C. 4502));
Federal, State, or local laws, including laws (m) INDIAN COMPENSATION.—Notwith- (2) identify critical sectors for which co-
relating to taxation, welfare, and public as- standing any other provision of law, in the operation with Canada and Mexico can
sistance programs, and no State or political case of an Indian Tribe, a Tribal entity, or a strengthen the resiliency of supply chains;
subdivision thereof shall decrease any assist- member of an Indian Tribe that submits a and
ance otherwise provided to an injured person claim under this Act— (3) identify challenges to improving the re-
because of the receipt of benefits under this (1) the Bureau of Indian Affairs shall have siliency of supply chains.
Act. no authority over, or any trust obligation re- (c) CONSULTATIONS.—Not later than one
(i) JUDICIAL REVIEW.— garding, any aspect of the submission of, or year after the date of enactment of this Act,
(1) IN GENERAL.—Any claimant aggrieved any payment received for, the claim; the United States Trade Representative shall
by a final decision of the Administrator (2) the Indian Tribe, Tribal entity, or mem- consult with the appropriate congressional
under this Act may, not later than 60 days ber of an Indian Tribe shall be entitled to committees regarding the development and
after the date on which the decision is proceed under this Act in the same manner implementation of the strategy required by
issued, bring a civil action in the United and to the same extent as any other injured subsection (a).
States District Court for the District of New person; and (d) APPROPRIATE CONGRESSIONAL COMMIT-
Mexico, to modify or set aside the decision, (3) except with respect to land damaged by TEES DEFINED.—In this section, the term
in whole or in part. the Hermit’s Peak/Calf Canyon Fire that is ‘‘appropriate congressional committees’’
(2) RECORD.—The court shall hear a civil the subject of the claim, the Bureau of In- means the Committee on Finance of the Sen-
action under paragraph (1) on the record dian Affairs shall have no responsibility to ate and the Committee on Ways and Means
made before the Administrator. restore land damaged by the Hermit’s Peak/ of the House of Representatives.
(3) STANDARD.—The decision of the Admin- Calf Canyon Fire. f
istrator incorporating the findings of the Ad- (n) REPORT.—Not later than 1 year after
ministrator shall be upheld if the decision is the date of promulgation of regulations AUTHORITY FOR COMMITTEES TO
ctelli on DSK11ZRN23PROD with SENATE
supported by substantial evidence on the under subsection (f)(1), and annually there- MEET
record considered as a whole. after, the Administrator shall submit to
Mr. MURPHY. Mr. President, I have
(j) ATTORNEY’S AND AGENT’S FEES.— Congress a report that describes the claims
(1) IN GENERAL.—No attorney or agent, act- submitted under this Act during the year two requests for committees to meet
ing alone or in combination with any other preceding the date of submission of the re- during today’s session of the Senate.
attorney or agent, shall charge, demand, re- port, including, for each claim— They have the approval of the Majority
ceive, or collect, for services rendered in con- (1) the amount claimed; and Minority Leaders.
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