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Home Source documents Congressional Record, Senate, September 27, 2022 — Amendments Including Continuing Appropriations Act, 2023

Congressional Record, Senate, September 27, 2022 — Amendments Including Continuing Appropriations Act, 2023

Summary

Page S5094 of the Senate section of the Congressional Record for September 27, 2022, in interleaved columns. A list of amendments submitted includes SA 5742 from Mr. Padilla for himself and Mrs. Feinstein, intended to be proposed to SA 5499 submitted by Mr. Reed for himself and Mr. Inhofe, and SA 5745 from Mr. Schumer to the bill H.R. 6833. Bill text covers a memorandum of understanding between the Secretary of Agriculture and the Karuk Tribe on river values of components of the National Wild and Scenic Rivers System, a requirement for a report to Congress on claims, and a limit on attorney and agent fees for services in connection with a claim.

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“Congressional Record, Senate, September 27, 2022 — Amendments Including Continuing Appropriations Act, 2023.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-27-crec-2022-09-27-pt1-pgs5094-4-05ee3c9975/, SHA-256 c3571856f631e16ab2f080e65a9c41440a13bc96bb6c966fedf4f7b37ae36a13.

Full text

                                             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




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                                             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




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                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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)’’.




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                                                                                                                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.




                                       VerDate Sep 11 2014   03:45 Sep 28, 2022   Jkt 029060   PO 00000   Frm 00065   Fmt 4637   Sfmt 0655   E:\CR\FM\A27SE6.055   S27SEPT1
                                             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’’.




                                       VerDate Sep 11 2014   03:45 Sep 28, 2022   Jkt 029060   PO 00000   Frm 00067   Fmt 4637   Sfmt 0634   E:\CR\FM\A27SE6.055   S27SEPT1
                                             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,




                                       VerDate Sep 11 2014          06:29 Sep 28, 2022           Jkt 029060       PO 00000         Frm 00068        Fmt 4637        Sfmt 0634        E:\CR\FM\A27SE6.055                S27SEPT1
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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




                                       VerDate Sep 11 2014   03:45 Sep 28, 2022   Jkt 029060   PO 00000   Frm 00069   Fmt 4637   Sfmt 0634   E:\CR\FM\A27SE6.055   S27SEPT1
                                             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’’.




ctelli on DSK11ZRN23PROD with SENATE
                                             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.




ctelli on DSK11ZRN23PROD with SENATE
                                                                                                       (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—




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                                             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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