House Pages on H.R. 6833 Continuing Appropriations, September 30, 2022 — Congressional Record
Summary
This is the Congressional Record, House, September 30, 2022, starting at H8330, under a title referring to H.R. 6833 and continuing appropriations. The opening page prints a roll call vote, Roll No. 475, with yeas 219, nays 209, and not voting 4, after which the resolution is agreed to and a motion to reconsider is laid on the table. A Message from the Senate announces that the Senate passed without amendment House bills H.R. 1766 and H.R. 8982, and passed bills S. 3232, S. 4254, S. 4524, and S. 5059 in which the concurrence of the House is requested. It also records an appointment to the Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group.
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“House Pages on H.R. 6833 Continuing Appropriations, September 30, 2022 — Congressional Record.”
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H8330 CORRECTION CONGRESSIONAL RECORD — HOUSE September 30, 2022
The vote was taken by electronic de- Davidson Hollingsworth Owens Ryan (OH) Sires (Pallone) Timmons
Davis, Rodney Hudson Palazzo (Correa) Soto (Escobar) (Duncan)
vice, and there were—yeas 219, nays DesJarlais Huizenga Palmer Salazar (Waltz) Speier (Garcia Vargas
209, not voting 4, as follows: Diaz-Balart Issa Pence Sewell (Cicilline) (TX)) (Garamendi)
[Roll No. 475] Donalds Jackson Perry Sherman Steel (Obernolte) Wilson (FL)
Duncan Jacobs (NY) Pfluger (Garamendi) Steube (Cicilline)
YEAS—219 Dunn Johnson (LA) Posey Sherrill (Reschenthaler) Wilson (SC)
Adams Ellzey Johnson (OH) Reschenthaler (Pallone) (Norman)
Gomez Ocasio-Cortez
Emmer Johnson (SD) Rice (SC)
Aguilar Gonzalez, Omar
Estes Jordan Rodgers (WA) f
Allred Vicente Pallone
Fallon Joyce (OH) Rogers (KY)
Auchincloss Gottheimer Panetta
Feenstra Joyce (PA) Rose MESSAGE FROM THE SENATE
Axne Green, Al (TX) Pappas
Barragán Ferguson Katko Rosendale A message from the Senate by Ms.
Grijalva Pascrell
Finstad Keller Rouzer
Bass Harder (CA) Payne
Fischbach Kelly (MS) Roy Byrd, one of its clerks, announced that
Beatty Hayes Peltola
Bera Higgins (NY) Perlmutter
Fitzgerald Kelly (PA) Rutherford the Senate has passed without amend-
Beyer Himes Peters
Fitzpatrick Kim (CA) Salazar ment bills of the House of the following
Fleischmann Kustoff Scalise
Bishop (GA) Horsford Phillips
Flood LaHood Schweikert
titles:
Blumenauer Houlahan Pingree
Flores LaMalfa Scott, Austin H.R. 1766. An act to enhance cooperation
Blunt Rochester Hoyer Pocan
Bonamici Huffman Porter
Foxx Lamborn Sempolinski between the Federal Trade Commission and
Bourdeaux Franklin, C. Latta Sessions State Attorneys General to combat unfair
Jackson Lee Pressley
Bowman Scott LaTurner Simpson and deceptive practices, and for other pur-
Jacobs (CA) Price (NC)
Fulcher Lesko Smith (MO)
Boyle, Brendan Jayapal Quigley poses.
F. Gaetz Letlow Smith (NE)
Jeffries Raskin H.R. 8982. An act to amend the Harmonized
Brown (MD) Gallagher Long Smith (NJ)
Johnson (GA) Rice (NY) Tariff Schedule of the United States to sus-
Brown (OH) Garbarino Loudermilk Smucker
Johnson (TX) Ross
Garcia (CA) Lucas Spartz pend temporarily rates of duty on imports of
Brownley Jones Roybal-Allard
Bush Kahele Ruiz
Gibbs Luetkemeyer Stauber certain infant formula base powder used in
Bustos Gimenez Mace Steel the manufacturing of infant formula in the
Kaptur Ruppersberger
Butterfield Gohmert Malliotakis Stefanik United States, and for other purposes.
Keating Rush
Gonzales, Tony Mann Steil
Carbajal Kelly (IL) Ryan (NY)
Gonzalez (OH) Massie Steube The message also announced that the
Cárdenas Khanna Ryan (OH)
Carter (LA) Kildee Sánchez
Good (VA) Mast Stewart Senate has passed bills of the following
Cartwright Kilmer Sarbanes
Gooden (TX) McCarthy Taylor title in which the concurrence of the
Gosar McCaul Tenney
Case Kim (NJ) Scanlon
Granger McClain Thompson (PA)
House is requested:
Casten Kind Schakowsky
Graves (LA) McClintock Tiffany S. 3232. An act to require the Consumer
Castor (FL) Kirkpatrick Schiff
Castro (TX) Krishnamoorthi Schneider
Graves (MO) McHenry Timmons Product Safety Commission to promulgate a
Cherfilus- Green (TN) McKinley Turner consumer product safety rule for free-stand-
Kuster Schrader
McCormick Greene (GA) Meijer Upton ing clothing storage units to protect chil-
Lamb Schrier
Griffith Meuser Valadao
Chu Langevin Scott (VA) dren from tip-over related death or injury,
Cicilline Grothman Miller (IL) Van Drew
Larsen (WA) Scott, David and for other purposes.
Clark (MA) Guest Miller (WV) Van Duyne
Larson (CT) Sewell S. 4254. An act to amend the Lobbying Dis-
Clarke (NY) Guthrie Miller-Meeks Wagner
Lawrence Sherman
Harris Moolenaar Walberg closure Act of 1995 to clarify a provision re-
Cleaver Lawson (FL) Sherrill
Clyburn Lee (CA) Sires
Harshbarger Mooney Waltz lating to certain contents of registrations
Cohen Hartzler Moore (AL) Weber (TX) under that Act.
Lee (NV) Slotkin
Connolly Hern Moore (UT) Webster (FL) S. 4524. An act to limit the judicial en-
Leger Fernandez Smith (WA)
Herrell Mullin Wenstrup
Cooper Levin (CA) Soto forceability of predispute nondisclosure and
Correa Herrera Beutler Murphy (NC) Westerman
Levin (MI) Spanberger nondisparagement contract clauses relating
Costa Hice (GA) Nehls Williams (TX)
Lieu Speier to disputes involving sexual assault and sex-
Courtney Higgins (LA) Newhouse Wilson (SC)
Lofgren Stansbury
Hill Norman Wittman ual harassment.
Craig Lowenthal Stanton
Crow Luria Stevens
Hinson Obernolte Womack S. 5059. An act to improve the pilot pro-
Cuellar Lynch Strickland gram on acceptance by the Department of
NOT VOTING—4
Davids (KS) Malinowski Suozzi Veterans Affairs of donated facilities and re-
Davis, Danny K. Maloney, Swalwell Carson Rogers (AL) lated improvements to account for issues re-
Dean Carolyn B. Takano Kinzinger Zeldin
lating to inflation, and for other purposes.
DeFazio Maloney, Sean Thompson (CA)
The message also announced that
DeGette Manning Thompson (MS) b 1110
DeLauro Matsui Titus pursuant to Public Law 117–81, the
DelBene McBath Tlaib So the resolution was agreed to. Chair, on behalf of the Republican
Demings McCollum Tonko The result of the vote was announced
DeSaulnier McEachin Torres (CA) Leader, appoints the following individ-
Deutch McGovern Torres (NY) as above recorded. uals to serve as members of the Cyprus,
Dingell McNerney Trahan A motion to reconsider was laid on Greece, Israel, and the United States
Doggett Meeks Trone the table.
Doyle, Michael Meng Underwood
3+1 Interparliamentary Group:
F. Mfume Vargas MEMBERS RECORDED PURSUANT TO HOUSE The Senator from Nebraska (Mrs. Fischer).
Escobar Moore (WI) Veasey RESOLUTION 8, 117TH CONGRESS The Senator from West Virginia (Mrs. Cap-
Eshoo Morelle Velázquez Bacon (Hartzler) Crawford Kind (Beyer) ito).
Espaillat Moulton Wasserman Beatty (Cicilline) (Fleischmann) Kirkpatrick The Senator from South Dakota (Mr.
Evans Mrvan Schultz Bergman Cuellar (Correa) (Pallone) Rounds).
Fletcher Murphy (FL) Waters (Moolenaar) Demings (Dean) Lawson (FL)
Foster Nadler Watson Coleman Bilirakis Diaz-Balart (Stevens) f
Frankel, Lois Napolitano Welch (Fleischmann) (Reschenthaler) Leger Fernandez
Gallego Neal Wexton Boyle, Brendan Donalds (Cicilline) REMOVAL OF NAME OF MEMBER
Garamendi Neguse Wild F. (Beyer) (Cammack) Lynch (Trahan) AS COSPONSOR OF H.R. 8814
Garcı́a (IL) Newman Williams (GA) Brooks Doyle, Michael Mace (Smucker)
Garcia (TX) Norcross Wilson (FL) (Fleischmann) F. (Pallone) Mast (Waltz) Mr. HICE of Georgia. Mr. Speaker, I
Golden O’Halleran Yarmuth Brown (MD) Dunn (Cammack) McEachin hereby remove my name as cosponsor
(Trone) Gimenez (Beyer) from H.R. 8814.
NAYS—209 Brownley (Malliotakis) Meng (Escobar)
Aderholt Bilirakis Carl (Pingree) Gonzalez, Mfume (Beyer) The SPEAKER pro tempore (Mr.
Allen Bishop (NC) Carter (GA) Buchanan Vicente Murphy (FL) COURTNEY). The gentleman’s request is
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Amodei Boebert Carter (TX) (Bucshon) (Correa) (Peters) accepted.
Armstrong Bost Cawthorn Budd (McHenry) Gosar (Weber Newman (Beyer)
Arrington Brady Chabot Bustos (Pingree) (TX)) Ocasio-Cortez f
Babin Brooks Cheney Carter (TX) Herrera Beutler (Neguse)
Bacon Buchanan Cline (Weber (TX)) (Meijer) Payne (Pallone) AFFORDABLE INSULIN NOW ACT
Baird Buck Cloud Cawthorn Houlahan Pfluger (Ellzey)
Balderson Bucshon Clyde (Gohmert) (Wexton) Porter (Neguse)
Ms. DELAURO. Mr. Speaker, pursu-
Banks Budd Cole Cherfilus- Jacobs (NY) Pressley ant to House Resolution 1404, I call up
Barr Burchett Comer McCormick (Sempolinski) (Trahan) the bill (H.R. 6833) to amend title
Bentz Burgess Conway (Neguse) Jayapal Rice (NY) XXVII of the Public Health Service
Bergman Calvert Crawford Chu (Beyer) (Cicilline) (Morelle)
Bice (OK) Cammack Crenshaw Conway Johnson (TX) Rice (SC) Act, the Internal Revenue Code of 1986,
Biggs Carey Curtis (LaMalfa) (Stevens) (Meijer) and the Employee Retirement Income
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8331
Security Act of 1974 to establish re- (1) The Agriculture, Rural Development, Food gations or expenditures incurred for any project
quirements with respect to cost-shar- and Drug Administration, and Related Agencies or activity during the period for which funds or
ing for certain insulin products, and for Appropriations Act, 2022 (division A of Public authority for such project or activity are avail-
Law 117–103), except section 783, and except able under this Act.
other purposes, with the Senate
that section 785 shall be applied by substituting SEC. 106. Unless otherwise provided for in this
amendment thereto, and ask for its im- ‘‘$125,000,000’’ for ‘‘$250,000,000’’. Act or in the applicable appropriations Act for
mediate consideration. (2) The Commerce, Justice, Science, and Re- fiscal year 2023, appropriations and funds made
The Clerk read the title of the bill. lated Agencies Appropriations Act, 2022 (divi- available and authority granted pursuant to
The SPEAKER pro tempore. The sion B of Public Law 117–103), except section this Act shall be available until whichever of the
Clerk will designate the Senate amend- 521(c)(1). following first occurs:
ment. (3) The Department of Defense Appropriations (1) The enactment into law of an appropria-
Senate amendment: Act, 2022 (division C of Public Law 117–103). tion for any project or activity provided for in
(4) The Energy and Water Development and this Act.
Strike all after the enacting clause and in- Related Agencies Appropriations Act, 2022 (divi-
sert the following: (2) The enactment into law of the applicable
sion D of Public Law 117–103). appropriations Act for fiscal year 2023 without
SECTION 1. SHORT TITLE. (5) The Financial Services and General Gov- any provision for such project or activity.
This Act may be cited as the ‘‘Continuing Ap- ernment Appropriations Act, 2022 (division E of (3) December 16, 2022.
propriations and Ukraine Supplemental Appro- Public Law 117–103), except the matter under SEC. 107. Expenditures made pursuant to this
priations Act, 2023’’. the heading ‘‘Postal Regulatory Commission’’ in Act shall be charged to the applicable appro-
SEC. 2. TABLE OF CONTENTS. title V. priation, fund, or authorization whenever a bill
Sec. 1. Short Title. (6) The Department of Homeland Security Ap- in which such applicable appropriation, fund,
Sec. 2. Table of Contents. propriations Act, 2022 (division F of Public Law or authorization is contained is enacted into
Sec. 3. References. 117–103), except sections 544 and 545, and in- law.
Sec. 4. Payment to Widows and Heirs of De- cluding title II of division O of Public Law 117– SEC. 108. Appropriations made and funds
ceased Members of Congress. 103. made available by or authority granted pursu-
DIVISION A—CONTINUING (7) The Department of the Interior, Environ- ant to this Act may be used without regard to
APPROPRIATIONS ACT, 2023 ment, and Related Agencies Appropriations Act, the time limitations for submission and approval
2022 (division G of Public Law 117–103). of apportionments set forth in section 1513 of
DIVISION B—UKRAINE SUPPLEMENTAL
(8) The Departments of Labor, Health and
APPROPRIATIONS ACT, 2023 title 31, United States Code, but nothing in this
Human Services, and Education, and Related
DIVISION C—OTHER MATTERS Act may be construed to waive any other provi-
Agencies Appropriations Act, 2022 (division H of
sion of law governing the apportionment of
Title I—Extensions, Technical Corrections, and Public Law 117–103), and section 162 of division
funds.
Other Matters A of Public Law 117–43.
Title II—Budgetary Effects SEC. 109. Notwithstanding any other provision
(9) The Legislative Branch Appropriations
of this Act, except section 106, for those pro-
DIVISION D—HEALTH AND HUMAN Act, 2022 (division I of Public Law 117–103), and
grams that would otherwise have high initial
SERVICES EXTENSIONS section 6 in the matter preceding division A of
rates of operation or complete distribution of ap-
Title I—Medicare and Medicaid Public Law 117–103.
propriations at the beginning of fiscal year 2023
Title II—Human Services (10) The Military Construction, Veterans Af-
because of distributions of funding to States,
Title III—Public Health fairs, and Related Agencies Appropriations Act,
foreign countries, grantees, or others, such high
Title IV—Indian Health 2022 (division J of Public Law 117–103).
(11) The Department of State, Foreign Oper- initial rates of operation or complete distribu-
DIVISION E—VETERANS AFFAIRS tion shall not be made, and no grants shall be
EXTENSIONS ations, and Related Programs Appropriations
Act, 2022 (division K of Public Law 117–103), ex- awarded for such programs funded by this Act
Title I—Extensions of authorities relating to cept the first proviso of section 7069(e). that would impinge on final funding preroga-
health care (12) The Transportation, Housing and Urban tives.
Title II—Extensions of authorities relating to Development, and Related Agencies Appropria- SEC. 110. This Act shall be implemented so
benefits tions Act, 2022 (division L of Public Law 117– that only the most limited funding action of
Title III—Extensions of authorities relating to 103). that permitted in the Act shall be taken in order
homeless veterans SEC. 102. (a) No appropriation or funds made to provide for continuation of projects and ac-
Title IV—Extensions of other authorities available or authority granted pursuant to sec- tivities.
DIVISION F—FDA USER FEE tion 101 for the Department of Defense shall be SEC. 111. (a) For entitlements and other man-
REAUTHORIZATION ACT OF 2022 used for: datory payments whose budget authority was
DIVISION G—HERMIT’S PEAK/CALF (1) the new production of items not funded for provided in appropriations Acts for fiscal year
CANYON FIRE ASSISTANCE ACT production in fiscal year 2022 or prior years; 2022, and for activities under the Food and Nu-
(2) the increase in production rates above trition Act of 2008, activities shall be continued
SEC. 3. REFERENCES.
those sustained with fiscal year 2022 funds; or at the rate to maintain program levels under
Except as expressly provided otherwise, any current law, under the authority and conditions
reference to ‘‘this Act’’ contained in any divi- (3) the initiation, resumption, or continuation
of any project, activity, operation, or organiza- provided in the applicable appropriations Act
sion of this Act shall be treated as referring only for fiscal year 2022, to be continued through the
to the provisions of that division. tion (defined as any project, subproject, activ-
ity, budget activity, program element, and sub- date specified in section 106(3).
SEC. 4. PAYMENT TO WIDOWS AND HEIRS OF DE- (b) Notwithstanding section 106, obligations
CEASED MEMBERS OF CONGRESS. program within a program element, and for any
investment items defined as a P–1 line item in a for mandatory payments due on or about the
There is hereby appropriated for fiscal year first day of any month that begins after October
budget activity within an appropriation account
2023, out of any money in the Treasury not oth- 2022 but not later than 30 days after the date
and an R–1 line item that includes a program
erwise appropriated, for payment to Dean specified in section 106(3) may continue to be
element and subprogram element within an ap-
Swihart, beneficiary of Jacqueline Walorski- made, and funds shall be available for such
propriation account) for which appropriations,
Swihart, late a Representative from the State of payments.
funds, or other authority were not available
Indiana, $174,000. SEC. 112. Amounts made available under sec-
during fiscal year 2022.
DIVISION A—CONTINUING (b) No appropriation or funds made available tion 101 for civilian personnel compensation and
APPROPRIATIONS ACT, 2023 or authority granted pursuant to section 101 for benefits in each department and agency may be
The following sums are hereby appropriated, the Department of Defense shall be used to ini- apportioned up to the rate for operations nec-
out of any money in the Treasury not otherwise tiate multi-year procurements utilizing advance essary to avoid furloughs within such depart-
appropriated, and out of applicable corporate or procurement funding for economic order quan- ment or agency, consistent with the applicable
other revenues, receipts, and funds, for the sev- tity procurement unless specifically appro- appropriations Act for fiscal year 2022, except
eral departments, agencies, corporations, and priated later. that such authority provided under this section
other organizational units of Government for SEC. 103. Appropriations made by section 101 shall not be used until after the department or
fiscal year 2023, and for other purposes, namely: shall be available to the extent and in the man- agency has taken all necessary actions to re-
SEC. 101. Such amounts as may be necessary, ner that would be provided by the pertinent ap- duce or defer non-personnel-related administra-
at a rate for operations as provided in the appli- propriations Act. tive expenses.
cable appropriations Acts for fiscal year 2022 SEC. 104. Except as otherwise provided in sec- SEC. 113. Funds appropriated by this Act may
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and under the authority and conditions pro- tion 102, no appropriation or funds made avail- be obligated and expended notwithstanding sec-
vided in such Acts, for continuing projects or able or authority granted pursuant to section tion 10 of Public Law 91–672 (22 U.S.C. 2412),
activities (including the costs of direct loans and 101 shall be used to initiate or resume any section 15 of the State Department Basic Au-
loan guarantees) that are not otherwise specifi- project or activity for which appropriations, thorities Act of 1956 (22 U.S.C. 2680), section 313
cally provided for in this Act, that were con- funds, or other authority were not available of the Foreign Relations Authorization Act, Fis-
ducted in fiscal year 2022, and for which appro- during fiscal year 2022. cal Years 1994 and 1995 (22 U.S.C. 6212), and
priations, funds, or other authority were made SEC. 105. Appropriations made and authority section 504(a)(1) of the National Security Act of
available in the following appropriations Acts: granted pursuant to this Act shall cover all obli- 1947 (50 U.S.C. 3094(a)(1)).
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H8332 CONGRESSIONAL RECORD — HOUSE September 30, 2022
SEC. 114. Each amount incorporated by ref- Telecommunications and Information Adminis- cessor operation from the Department of Defense
erence in this Act that was previously des- tration—Salaries and Expenses’’ may be appor- to the Department of State during fiscal year
ignated by the Congress as an emergency re- tioned up to the rate for operations necessary to 2023; the activities and responsibilities assigned
quirement pursuant to sections 4001(a)(1) and ensure continued oversight of public safety com- to each Federal agency involved in such strat-
4001(b) of S. Con. Res. 14 (117th Congress), the munications programs. egy and plan; and a spend plan, containing an
concurrent resolution on the budget for fiscal SEC. 121. In addition to amounts otherwise estimate of the costs, including additional con-
year 2022, or as being for disaster relief pursu- provided by section 101, for ‘‘Department of Jus- struction and security costs, to be incurred by
ant to section 4005(f) of such concurrent resolu- tice—Federal Bureau of Investigation—Salaries each such agency for carrying out such strategy
tion, is designated as being an emergency re- and Expenses’’, there is appropriated and plan, and the sources of funds: Provided
quirement pursuant to section 4001(a)(1) of such $15,300,000, for an additional amount for fiscal further, That prior to the initial obligation of
concurrent resolution and section 1(e) of H. Res. year 2023, to remain available until September funds transferred to the Department of State
1151 (117th Congress), as engrossed in the House 30, 2023, for investigative activities associated pursuant to subsection (a), the Secretary of
of Representatives on June 8, 2022, or as being with Afghan resettlement operations: Provided, State shall submit a report to such Committees
for disaster relief pursuant to section 1(f) of That such amount is designated by the Congress detailing the roles and responsibilities of De-
such House resolution, respectively. as being for an emergency requirement pursuant partment of State bureaus and offices in Oper-
SEC. 115. (a) Rescissions or cancellations of to section 4001(a)(1) of S. Con. Res. 14 (117th ation Allies Welcome or any successor operation.
discretionary budget authority that continue Congress), the concurrent resolution on the SEC. 123. During the period covered by this
pursuant to section 101 in Treasury Appropria- budget for fiscal year 2022, and section 1(e) of Act, section 714(b)(2)(B) of title 10, United States
tions Fund Symbols (TAFS)— H. Res. 1151 (117th Congress), as engrossed in Code, shall be applied by substituting ‘‘three
(1) to which other appropriations are not pro- the House of Representatives on June 8, 2022. years’’ for ‘‘two years’’.
vided by this Act, but for which there is a cur- SEC. 122. (a) Notwithstanding sections 101 and SEC. 124. (a) Of the remaining unobligated
rent applicable TAFS that does receive an ap- 106, through September 30, 2023, the Secretary of balances, as of September 30, 2022, from amounts
propriation in this Act; or Defense may transfer up to $3,000,000,000 from provided under the heading ‘‘Afghanistan Secu-
(2) which are no-year TAFS and receive other unobligated balances from amounts made avail- rity Forces Fund’’ in title IX of division C of
appropriations in this Act, able under the heading ‘‘Department of De- Public Law 116–260, $100,000,000 is hereby per-
may be continued instead by reducing the rate fense—Operation and Maintenance—Overseas manently rescinded, and in addition to amounts
for operations otherwise provided by section 101 Humanitarian, Disaster, and Civic Aid’’ in divi- otherwise provided by section 101, an amount of
sion C of Public Law 117–43 and division B of additional new budget authority equivalent to
for such current applicable TAFS, as long as
Public Law 117–70 to any appropriation account the amount rescinded pursuant to this sub-
doing so does not impinge on the final funding
under the headings ‘‘Department of State and section is hereby appropriated on September 30,
prerogatives of the Congress.
(b) Rescissions or cancellations described in Related Agency—Department of State—Admin- 2022, for an additional amount for fiscal year
subsection (a) shall continue in an amount istration of Foreign Affairs’’, ‘‘Bilateral Eco- 2022, to remain available until September 30,
equal to the lesser of— nomic Assistance—Department of State—Migra- 2025, for the same purposes and under the same
(1) the amount specified for rescission or can- tion and Refugee Assistance’’, and ‘‘Bilateral
authorities provided under such heading in
cellation in the applicable appropriations Act Economic Assistance—Department of State—
Public Law 116–260, in addition to other funds
referenced in section 101 of this Act; or United States Emergency Refugee and Migra-
as may be available for such purposes.
(2) the amount of balances available, as of Oc- tion Assistance Fund’’ for support of Operation (b)(1) Subject to paragraph (2), this section
tober 1, 2022, from the funds specified for rescis- Allies Welcome or any successor operation: Pro- shall become effective immediately upon enact-
sion or cancellation in the applicable appropria- vided, That upon transfer, such funds shall be ment of this Act.
tions Act referenced in section 101 of this Act. merged with the appropriation to which such (2) If this Act is enacted after September 30,
(c) No later than November 21, 2022, the Direc- funds are transferred except that such funds 2022, this section shall be applied as if it were in
tor of the Office of Management and Budget may be made available for such purposes not- effect on September 30, 2022.
shall provide to the Committees on Appropria- withstanding any requirement or limitation ap- SEC. 125. In addition to amounts otherwise
tions of the House of Representatives and the plicable to the appropriation to which trans- provided by section 101, for ‘‘Corps of Engi-
Senate a comprehensive list of the rescissions or ferred, including sections 2(c)(1) and 2(c)(2) of neers—Civil—Construction’’, there is appro-
cancellations that will continue pursuant to sec- the Migration and Refugee Assistance Act of priated $20,000,000, for an additional amount for
tion 101: Provided, That the information in such 1962 with respect to the United States Emer- fiscal year 2023, to remain available until ex-
comprehensive list shall be periodically updated gency Refugee and Migration Assistance Fund pended, for necessary expenses related to water
to reflect any subsequent changes in the amount and in sections 4(a) and 4(b) of the State De- and wastewater infrastructure under section 219
of balances available, as of October 1, 2022, from partment Basic Authorities Act of 1956 with re- of the Water Resources Development Act of 1992
the funds specified for rescission or cancellation spect to funds transferred to the Emergencies in (106 Stat. 4835): Provided, That such amount is
in the applicable appropriations Act referenced the Diplomatic and Consular Service account: designated by the Congress as being for an
in section 101, and such updates shall be trans- Provided further, That section 2215 of title 10, emergency requirement pursuant to section
mitted to the Committees on Appropriations of United States Code, shall not apply to a transfer 4001(a)(1) of S. Con. Res. 14 (117th Congress),
the House of Representatives and the Senate of funds under this subsection: Provided fur- the concurrent resolution on the budget for fis-
upon request. ther, That the exercise of the authority of this cal year 2022, and section 1(e) of H. Res. 1151
SEC. 116. Amounts made available by section subsection shall be subject to prior consultation (117th Congress), as engrossed in the House of
101 for ‘‘Farm Service Agency—Agricultural with, and the regular notification procedures of, Representatives on June 8, 2022.
Credit Insurance Fund Program Account’’ may the Committees on Appropriations of the House SEC. 126. (a) During the period covered by this
be apportioned up to the rate for operations nec- of Representatives and the Senate: Provided fur- Act, title I of Public Law 108–361 (the Calfed
essary to accommodate approved applications ther, That any funds transferred pursuant to Bay-Delta Authorization Act) (118 Stat. 1681),
for direct and guaranteed farm ownership loans, this subsection that were previously designated as amended by section 204 of division D of Pub-
as authorized by 7 U.S.C. 1922 et seq. by the Congress as an emergency requirement lic Law 117–103, shall be applied by substituting
SEC. 117. Amounts made available by section pursuant to the concurrent resolution on the ‘‘2023’’ for ‘‘2022’’ each place it appears.
101 to the Department of Agriculture for ‘‘Rural budget are designated by the Congress as being (b) During the period covered by this Act, sec-
Business—Cooperative Service—Rural Micro- for an emergency requirement pursuant to sec- tion 103(f)(4)(A) of title I of Public Law 108–361
entrepreneur Assistance Program’’ may be used tion 4001(a)(1) of S. Con. Res. 14 (117th Con- (the Calfed Bay-Delta Authorization Act) (118
for the costs of loans, including the cost of gress), the concurrent resolution on the budget Stat. 1696) shall be applied by substituting
modifying such loans, as defined in section 502 for fiscal year 2022, and section 1(e) of H. Res. ‘‘$25,650,000’’ for ‘‘$25,000,000’’.
of the Congressional Budget Act of 1974, under 1151 (117th Congress), as engrossed in the House SEC. 127. (a) During the period covered by this
the same terms and conditions as authorized by of Representatives on June 8, 2022. Act, section 9106(g)(2) of Public Law 111–11
section 379E of the Consolidated Farm and (b) Not later than November 1, 2022 and prior (Omnibus Public Land Management Act of 2009)
Rural Development Act (7 U.S.C. 2008s). to any transfer of funds pursuant to subsection shall be applied by substituting ‘‘2023’’ for
SEC. 118. Section 260 of the Agricultural Mar- (a), the Director of the Office of Management ‘‘2022’’.
keting Act of 1946 (7 U.S.C. 1636i) and section and Budget shall provide to the Committees on (b) During the period covered by this Act, sec-
942 of the Livestock Mandatory Reporting Act Appropriations of the House of Representatives tion 104(c) of the Reclamation States Emergency
of 1999 (7 U.S.C. 1635 note; Public Law 106–78) and the Senate a written report on Operation Drought Relief Act of 1991 (43 U.S.C. 2214(c))
shall be applied by substituting the date speci- Allies Welcome or any successor operation: Pro- shall be applied by substituting ‘‘2023’’ for
fied in section 106(3) of this Act for ‘‘September vided, That such report shall describe the num- ‘‘2022’’.
30, 2022’’. ber and status of Afghans residing at Depart- (c) During the period covered by this Act, sec-
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SEC. 119. Amounts made available by section ment of Defense and Department of State-man- tion 301 of the Reclamation States Emergency
101 to the Department of Commerce for ‘‘Eco- aged facilities and any anticipated future arriv- Drought Relief Act of 1991 (43 U.S.C. 2241) shall
nomic Development Administration—Salaries als at such facilities; the strategy and plan, in- be applied by substituting ‘‘2023’’ for ‘‘2022’’.
and Expenses’’ may be apportioned up to the cluding timeline, for adjudicating and relo- SEC. 128. In addition to amounts otherwise
rate for operations necessary to maintain agen- cating all Afghans residing at Department of provided by section 101, amounts are provided
cy operations. Defense or overseas civilian facilities and for the for ‘‘Department of the Treasury—Alcohol and
SEC. 120. Amounts made available by section transition of operations and responsibilities Tobacco Tax and Trade Bureau—Salaries and
101 for ‘‘Department of Commerce—National under Operation Allies Welcome or any suc- Expenses’’ at a rate for operations of
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8333
$14,929,000, for an additional amount to admin- accommodate increased demand for commit- (2) If this Act is enacted after September 30,
ister the Craft Beverage Modernization Act im- ments for general business loans authorized 2022, this section shall be applied as if it were in
port claims program, as required by the Tax- under paragraphs (1) through (35) of section effect on September 30, 2022.
payer Certainty and Disaster Tax Relief Act of 7(a) of the Small Business Act (15 U.S.C. 636(a)), SEC. 140. Section 880(g) of the National De-
2020, and such amounts may be apportioned up for guarantees of trust certificates authorized by fense Authorization Act for Fiscal Year 2017
to the rate for operations necessary to establish section 5(g) of the Small Business Act (15 U.S.C. (Public Law 114–328) shall be applied by sub-
and implement a new import claims program. 634(g)), for commitments to guarantee loans stituting the date specified in section 106(3) of
SEC. 129. Notwithstanding section 101, title II under section 503 of the Small Business Invest- this Act for ‘‘September 30, 2022’’.
of division E of Public Law 117–103 shall be ap- ment Act of 1958 (15 U.S.C. 697), and for commit- SEC. 141. Section 210G(i) of the Homeland Se-
plied by adding the following new heading and ments to guarantee loans for debentures under curity Act of 2002 (6 U.S.C. 124n(i)) shall be ap-
appropriation language under the heading ‘‘Ex- section 303(b) of the Small Business Investment plied by substituting the date specified in sec-
ecutive Office of the President and Funds Ap- Act of 1958 (15 U.S.C. 683(b)). tion 106(3) of this Act for ‘‘the date that is 4
propriated to the President’’: years after the date of enactment of this sec-
SEC. 135. Amounts made available by section
tion’’.
‘‘OFFICE OF THE NATIONAL CYBER DIRECTOR 101 to the Department of Homeland Security SEC. 142. Amounts made available by section
‘‘SALARIES AND EXPENSES under the heading ‘‘Federal Emergency Man- 101 for ‘‘Department of the Interior—National
‘‘For necessary expenses of the Office of the agement Agency—Disaster Relief Fund’’ may be Park Service—National Recreation and Preser-
National Cyber Director, as authorized by sec- apportioned up to the rate for operations nec- vation’’ for heritage partnership programs may
tion 1752 of the William M. (Mac) Thornberry essary to carry out response and recovery activi- be used to provide financial assistance to any
National Defense Authorization Act for Fiscal ties under the Robert T. Stafford Disaster Relief national heritage area, national heritage cor-
Year 2021 (Public Law 116–283), $21,000,000, of and Emergency Assistance Act (42 U.S.C. 5121 et ridor, cultural heritage corridor, national herit-
which not to exceed $5,000 shall be available for seq.). age partnership, national heritage route, na-
official reception and representation expenses.’’. SEC. 136. Notwithstanding sections 101, 104, tional heritage canalway, and battlefields na-
SEC. 130. Notwithstanding section 101, and 106, to carry out the Hermit’s Peak/Calf tional historic district established as of Sep-
amounts are provided for ‘‘The Judiciary— Canyon Fire Assistance Act, there is appro- tember 1, 2022, notwithstanding any statutory
Courts of Appeals, District Courts, and Other priated $2,500,000,000, to remain available until sunset provision terminating the Secretary’s au-
Judicial Services—Fees of Jurors and Commis- expended, to the Department of Homeland Secu- thority to provide assistance to any such area
sioners’’ at a rate for operations of $59,565,000. rity for ‘‘Federal Emergency Management Agen- and notwithstanding any limitation on amounts
SEC. 131. In addition to amounts otherwise cy—Hermit’s Peak/Calf Canyon Fire Assistance authorized to be appropriated with respect to
provided by section 101, for ‘‘The Judiciary— Account’’, which shall be derived by transfer any such area.
Courts of Appeals, District Courts, and Other from amounts made available under the heading SEC. 143. Amounts made available by section
Judicial Services—Court Security’’, there is ap- ‘‘Federal Emergency Management Agency—Dis- 101 to the Department of the Interior under the
propriated $112,500,000, for an additional aster Relief Fund’’ in title VI of division B of heading ‘‘Working Capital Fund’’ may be ap-
amount for fiscal year 2023, to remain available the Coronavirus Aid, Relief, and Economic Se- portioned up to the rate for operations nec-
until expended, for security improvements at curity Act (Public Law 116–136), of which essary to implement enterprise cybersecurity
United States courthouses and Federal court fa- $1,000,000 shall be transferred to ‘‘Office of the safeguards.
cilities: Provided, That not later than 90 days Inspector General—Operations and Support’’ SEC. 144. (a) In addition to amounts otherwise
after the date of enactment of this Act, and for oversight of activities authorized by the Her- provided by section 101, amounts are provided
every 90 days thereafter until all funds provided mit’s Peak/Calf Canyon Fire Assistance Act: for ‘‘Department of Health and Human Serv-
by this section have been expended, the Director Provided, That no amounts may be derived from ices—Indian Health Service—Indian Health
of the Administrative Office of the United States amounts made available for major disasters de- Services’’ at a rate for operations of $16,721,000,
Courts shall provide, in an appropriate format, clared pursuant to the Robert T. Stafford Dis- for an additional amount for costs of staffing
quarterly reports on the obligations and expend- aster Relief and Emergency Assistance Act (42 and operating facilities that were opened, ren-
itures of the funds provided under this section U.S.C. 5121 et seq.): Provided further, That ovated, or expanded in fiscal years 2022 and
to the Committees on Appropriations of the amounts provided by this section shall be sub- 2023, and such amounts may be apportioned up
House of Representatives and the Senate: Pro- ject to the same authorities and conditions as if to the rate for operations necessary to staff and
vided further, That such amount is designated operate such facilities.
such amounts were provided by title III of the
(b) In addition to amounts otherwise provided
by the Congress as being for an emergency re- Department of Homeland Security Appropria-
by section 101, amounts are provided for ‘‘De-
quirement pursuant to section 4001(a)(1) of S. tions Act, 2022 (division F of Public Law 117– partment of Health and Human Services—In-
Con. Res. 14 (117th Congress), the concurrent 103): Provided further, That not later than 90 dian Health Service—Indian Health Facilities’’
resolution on the budget for fiscal year 2022, days after the date of enactment of this Act, at a rate for operations of $1,201,000, for an ad-
and section 1(e) of H. Res. 1151 (117th Congress), and every 90 days thereafter until all funds pro- ditional amount for costs of staffing and oper-
as engrossed in the House of Representatives on vided by this section have been expended, the ating facilities that were opened, renovated, or
June 8, 2022. Administrator of the Federal Emergency Man- expanded in fiscal years 2022 and 2023, and such
SEC. 132. Notwithstanding any other provision agement Agency shall provide, in an appro- amounts may be apportioned up to the rate for
of this Act, except section 106, the District of Co- priate format, quarterly reports to the Commit- operations necessary to staff and operate such
lumbia may expend local funds made available tees on Appropriations of the Senate and the facilities.
under the heading ‘‘District of Columbia—Dis- House of Representatives on the obligations and SEC. 145. In addition to amounts otherwise
trict of Columbia Funds’’ for such programs and expenditures of the funds made available by this provided by section 101, for ‘‘Department of
activities under the District of Columbia Appro- section: Provided further, That amounts trans- Health and Human Services—Substance Abuse
priations Act, 2022 (title IV of division E of Pub- ferred by this section that were previously des- and Mental Health Services Administration—
lic Law 117–103) at the rate set forth in the Fis- ignated by the Congress as an emergency re- Mental Health’’, there is appropriated
cal Year 2023 Local Budget Act of 2022 (D.C. Act quirement pursuant to the Balanced Budget and $62,000,000, for an additional amount for fiscal
24–486), as modified as of the date of enactment Emergency Deficit Control Act of 1985 or a con- year 2023, to remain available until September
of this Act. current resolution on the budget are designated 30, 2023, for carrying out 988 Suicide Lifeline ac-
SEC. 133. In addition to amounts otherwise as an emergency requirement pursuant to sec- tivities and behavioral health crisis services.
provided by section 101, amounts are provided tion 4001(a)(1) of S. Con. Res. 14 (117th Con- SEC. 146. In addition to amounts otherwise
for ‘‘Small Business Administration—Salaries gress), the concurrent resolution on the budget provided by section 101, for ‘‘Department of
and Expenses’’ at a rate for operations of for fiscal year 2022, and section 1(e) of H. Res. Health and Human Services—Administration for
$20,000,000, for an additional amount for costs 1151 (117th Congress), as engrossed in the House Children and Families—Low Income Home En-
associated with the establishment and imple- of Representatives on June 8, 2022. ergy Assistance’’, there is appropriated
mentation of a Government-wide service-dis- SEC. 137. Section 708(b)(13) of the Homeland $1,000,000,000, for an additional amount for fis-
abled veteran-owned small business certification Security Act of 2002 (6 U.S.C. 348(b)(13)) shall be cal year 2023, to remain available until Sep-
program within the Small Business Administra- applied by substituting the date specified in sec- tember 30, 2023, for making payments under sub-
tion, as required by section 36 of the Small Busi- tion 106(3) of this Act for ‘‘September 30, 2022’’. section (b) of section 2602 of the Low-Income
ness Act (15 U.S.C. 657f) and section 862 of Pub- Home Energy Assistance Act of 1981 (42 U.S.C.
SEC. 138. During the period covered by this
lic Law 116–283: Provided, That such amounts 8621 et seq.): Provided, That of the funds made
Act, section 822(a) of the Homeland Security Act
may be apportioned up to the rate for operations available by this section, $500,000,000 shall be al-
of 2002 (6 U.S.C. 383(a)) shall be applied by sub-
necessary to establish and implement such cer- located as though the total appropriation for
stituting ‘‘2023’’ for ‘‘2022’’.
tification program: Provided further, That such such payments for fiscal year 2023 was less than
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amounts may be obligated in the account and SEC. 139. (a) Sections 1309(a) and 1319 of the $1,975,000,000: Provided further, That such
budget structure set forth in H.R. 8294, as National Flood Insurance Act of 1968 (42 U.S.C. amount is designated by the Congress as being
passed by the House of Representatives on July 4016(a) and 4026) shall be applied by sub- for an emergency requirement pursuant to sec-
20, 2022. stituting the date specified in section 106(3) of tion 4001(a)(1) of S. Con. Res. 14 (117th Con-
SEC. 134. Amounts made available by section this Act for ‘‘September 30, 2022’’. gress), the concurrent resolution on the budget
101 for ‘‘Small Business Administration—Busi- (b)(1) Subject to paragraph (2), this section for fiscal year 2022, and section 1(e) of H. Res.
ness Loans Program Account’’ may be appor- shall become effective immediately upon enact- 1151 (117th Congress), as engrossed in the House
tioned up to the rate for operations necessary to ment of this Act. of Representatives on June 8, 2022.
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H8334 CONGRESSIONAL RECORD — HOUSE September 30, 2022
SEC. 147. In addition to amounts otherwise SEC. 154. Amounts made available by section gram, in addition to other funds as may be
provided by section 101, for ‘‘Department of 101 to the Department of Housing and Urban available for such purposes.
Health and Human Services—Administration for Development for ‘‘Public and Indian Housing— (c)(1) Subject to paragraph (2), this section
Children and Families—Refugee and Entrant Native Hawaiian Housing Loan Guarantee shall become effective immediately upon enact-
Assistance’’, there is appropriated $1,775,000,000, Fund Program Account’’ may be apportioned up ment of this Act.
for an additional amount for fiscal year 2023, to to the rate for operations necessary to accommo- (2) If this Act is enacted after September 30,
remain available until September 30, 2025, to date demand for commitments to guarantee 2022, this section shall be applied as if it were in
carry out section 462 of the Homeland Security loans as authorized by section 184A of the Hous- effect on September 30, 2022.
Act of 2002 and section 235 of the William Wil- ing and Community Development Act of 1992 (12 This division may be cited as the ‘‘Continuing
berforce Trafficking Victims Protection Reau- U.S.C. 1715z–13b). Appropriations Act, 2023’’.
thorization Act of 2008, and for refugee and en- SEC. 155. In addition to amounts otherwise DIVISION B—UKRAINE SUPPLEMENTAL
trant assistance activities authorized by section provided by section 101, for ‘‘Department of APPROPRIATIONS ACT, 2023
414 of the Immigration and Nationality Act and Housing and Urban Development—Community
The following sums are appropriated, out of
section 501 of the Refugee Education Assistance Planning and Development—Community Devel-
any money in the Treasury not otherwise appro-
Act of 1980: Provided, That such amount is des- opment Fund’’, there is appropriated
priated, for the fiscal year ending September 30,
ignated by the Congress as being for an emer- $2,000,000,000, for an additional amount for fis-
2023, and for other purposes, namely:
gency requirement pursuant to section 4001(a)(1) cal year 2023, to remain available until ex-
of S. Con. Res. 14 (117th Congress), the concur- pended, for the same purposes and under the TITLE I
rent resolution on the budget for fiscal year same terms and conditions as funds appro- DEPARTMENT OF DEFENSE
2022, and section 1(e) of H. Res. 1151 (117th Con- priated under such heading in title VIII of the MILITARY PERSONNEL
gress), as engrossed in the House of Representa- Disaster Relief Supplemental Appropriations MILITARY PERSONNEL, ARMY
tives on June 8, 2022. Act, 2022 (division B of Public Law 117–43), ex-
SEC. 148. Notwithstanding section 101, the cept that such amounts shall be for major disas- For an additional amount for ‘‘Military Per-
first paragraph under the heading ‘‘Social Secu- ters that occurred in 2021 or 2022 and the fourth, sonnel, Army’’, $110,107,000, to remain available
rity Administration—Limitation on Administra- twentieth, and twenty-first provisos under such until September 30, 2023, to respond to the situa-
tive Expenses’’ in title IV of division H of Public heading in such Act shall not apply: Provided, tion in Ukraine and for related expenses.
Law 117–103 shall be applied by substituting That amounts made available under this section MILITARY PERSONNEL, NAVY
‘‘$13,602,945,000’’ for ‘‘$13,202,945,000’’. and under such heading in such Act may be For an additional amount for ‘‘Military Per-
SEC. 149. (a) During the period covered by this used by a grantee to assist utilities as part of a sonnel, Navy’’, $462,000, to remain available
Act, subsection (a)(1)(A) of section 2502 of the disaster-related eligible activity under section until September 30, 2023, to respond to the situa-
Afghanistan Supplemental Appropriations Act, 105(a) of the Housing and Community Develop- tion in Ukraine and for related expenses.
2022 (division C of Public Law 117–43) shall be ment Act of 1974 (42 U.S.C. 5305(a)): Provided MILITARY PERSONNEL, MARINE CORPS
applied by substituting the date specified in sec- further, That such amount is designated by the
tion 106(3) for ‘‘September 30, 2022’’. For an additional amount for ‘‘Military Per-
Congress as being for an emergency requirement
(b) The amount provided by this section is sonnel, Marine Corps’’, $600,000, to remain
pursuant to section 4001(a)(1) of S. Con. Res. 14
designated as an emergency requirement pursu- available until September 30, 2023, to respond to
(117th Congress), the concurrent resolution on
ant to section 4001(a)(1) of S. Con. Res. 14 (117th the situation in Ukraine and for related ex-
the budget for fiscal year 2022, and section 1(e)
Congress), the concurrent resolution on the penses.
of H. Res. 1151 (117th Congress), as engrossed in
budget for fiscal year 2022, and section 1(e) of the House of Representatives on June 8, 2022. MILITARY PERSONNEL, AIR FORCE
H. Res. 1151 (117th Congress), as engrossed in SEC. 156. Notwithstanding section 106 of this For an additional amount for ‘‘Military Per-
the House of Representatives on June 8, 2022. Act, at any time during fiscal year 2023, the Sec- sonnel, Air Force’’, $11,582,000, to remain avail-
SEC. 150. Activities authorized by part A of retary of Housing and Urban Development may able until September 30, 2023, to respond to the
title IV (other than under section 403(c) or 418) transfer up to $1,300,000 in unobligated balances situation in Ukraine and for related expenses.
and section 1108(b) of the Social Security Act from amounts made available in prior Acts OPERATION AND MAINTENANCE
shall continue through the date specified in sec- under the heading ‘‘Housing Programs—Project-
tion 106(3), in the manner authorized for fiscal OPERATION AND MAINTENANCE, ARMY
Based Rental Assistance’’ to Treasury Appro-
year 2022, and out of any money in the Treas- priation Fund Symbol 86 X 0148 for the liquida- For an additional amount for ‘‘Operation and
ury of the United States not otherwise appro- tion of obligations incurred in fiscal year 2018 in Maintenance, Army’’, $654,696,000, to remain
priated, there are hereby appropriated such connection with the continued provision of in- available until September 30, 2023, to respond to
sums as may be necessary for such purpose. terest reduction payments authorized under sec- the situation in Ukraine and for related ex-
SEC. 151. Notwithstanding section 101, section tion 236 of the National Housing Act (12 U.S.C. penses.
126 of division J of Public Law 117–103 shall be 1715z–1). OPERATION AND MAINTENANCE, NAVY
applied during the period covered by this Act by SEC. 157. (a) The remaining unobligated bal- For an additional amount for ‘‘Operation and
substituting ‘‘fiscal year 2017 and fiscal year ances, as of September 30, 2022, from amounts Maintenance, Navy’’, $433,035,000, to remain
2018’’ for ‘‘fiscal year 2017’’. made available for ‘‘Department of Transpor- available until September 30, 2023, to respond to
SEC. 152. Notwithstanding section 101, tation—Office of the Secretary—National Infra- the situation in Ukraine and for related ex-
amounts are provided for— structure Investments’’ in title I of division H of penses.
(1) ‘‘Department of State and Related Agen- the Further Consolidated Appropriations Act,
cy—Department of State—Administration of OPERATION AND MAINTENANCE, MARINE CORPS
2020 (Public Law 116–94) are hereby perma-
Foreign Affairs—Diplomatic Programs’’ at a For an additional amount for ‘‘Operation and
nently rescinded, and in addition to amounts
rate for operations of $9,228,789,000; Maintenance, Marine Corps’’, $34,984,000, to re-
otherwise provided by section 101, an amount of
(2) ‘‘Bilateral Economic Assistance—Funds main available until September 30, 2023, to re-
additional new budget authority equivalent to
Appropriated to the President—International spond to the situation in Ukraine and for re-
the amount rescinded pursuant to this sub-
Disaster Assistance’’ at a rate for operations of lated expenses.
section is hereby appropriated on September 30,
$4,555,460,000; OPERATION AND MAINTENANCE, AIR FORCE
(3) ‘‘Bilateral Economic Assistance—Funds 2022, for an additional amount for fiscal year
2022, to remain available until September 30, For an additional amount for ‘‘Operation and
Appropriated to the President—Transition Ini-
2023, and shall be available, without additional Maintenance, Air Force’’, $267,084,000, to re-
tiatives’’ at a rate for operations of $100,000,000;
(4) ‘‘Bilateral Economic Assistance—Funds competition, for completing the funding of main available until September 30, 2023, to re-
Appropriated to the President—Assistance for awards made pursuant to the fiscal year 2020 spond to the situation in Ukraine and for re-
Europe, Eurasia and Central Asia’’ at a rate for national infrastructure investments program, in lated expenses.
operations of $850,000,000; addition to other funds as may be available for OPERATION AND MAINTENANCE, SPACE FORCE
(5) ‘‘Bilateral Economic Assistance—Depart- such purposes. For an additional amount for ‘‘Operation and
ment of State—Migration and Refugee Assist- (b) The remaining unobligated balances, as of Maintenance, Space Force’’, $1,771,000, to re-
ance’’ at a rate for operations of $3,562,188,000; September 30, 2022, from amounts made avail- main available until September 30, 2023, to re-
(6) ‘‘International Security Assistance—De- able to the Department of Transportation in sec- spond to the situation in Ukraine and for re-
partment of State—International Narcotics Con- tion 105 of division L of the Consolidated Appro- lated expenses.
trol and Law Enforcement’’ at a rate for oper- priations Act, 2021 (Public Law 116–260) are
hereby permanently rescinded, and in addition OPERATION AND MAINTENANCE, DEFENSE-WIDE
ations of $1,421,004,000; and
(7) ‘‘International Security Assistance—Funds to amounts otherwise provided by section 101, (INCLUDING TRANSFER OF FUNDS)
Appropriated to the President—Foreign Military an amount of additional new budget authority For an additional amount for ‘‘Operation and
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Financing Program’’ at a rate for operations of equivalent to the amount rescinded pursuant to Maintenance, Defense-Wide’’, $4,713,544,000, to
$6,190,424,000. this subsection is hereby appropriated on Sep- remain available until September 30, 2023, to re-
SEC. 153. During the period covered by this tember 30, 2022, for an additional amount for spond to the situation in Ukraine and for re-
Act, section 579 of the Multifamily Assisted fiscal year 2022, to remain available until Sep- lated expenses: Provided, That of the total
Housing Reform and Affordability Act of 1997 tember 30, 2023, and shall be available, without amount provided under this heading in this Act,
(42 U.S.C. 1437f note) shall be applied by sub- additional competition, for completing the fund- $3,000,000,000, to remain available until Sep-
stituting ‘‘2023’’ for ‘‘2022’’ each place it ap- ing of awards made pursuant to the fiscal year tember 30, 2024, shall be for the Ukraine Secu-
pears. 2019 national infrastructure investments pro- rity Assistance Initiative: Provided further,
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8335
That such funds for the Ukraine Security As- RESEARCH, DEVELOPMENT, TEST AND ticles and services: Provided, That such report
sistance Initiative shall be available to the Sec- EVALUATION, NAVY shall be submitted in unclassified form, but may
retary of Defense under the same terms and con- For an additional amount for ‘‘Research, De- be accompanied by a classified annex.
ditions as are provided for in section 8139 of the velopment, Test and Evaluation, Navy’’, TITLE II
Department of Defense Appropriations Act, 2022 $2,077,000, to remain available until September
(division C of Public Law 117–103): Provided DEPARTMENT OF ENERGY
30, 2024, to respond to the situation in Ukraine
further, That of the total amount provided ATOMIC ENERGY DEFENSE ACTIVITIES
and for related expenses.
under this heading in this Act, up to NATIONAL NUCLEAR SECURITY
$1,500,000,000, to remain available until Sep- RESEARCH, DEVELOPMENT, TEST AND
ADMINISTRATION
tember 30, 2024, may be transferred to accounts EVALUATION, AIR FORCE
DEFENSE NUCLEAR NONPROLIFERATION
under the headings ‘‘Operation and Mainte- For an additional amount for ‘‘Research, De-
nance’’ and ‘‘Procurement’’ for replacement of velopment, Test and Evaluation, Air Force’’, For an additional amount for ‘‘Defense Nu-
defense articles from the stocks of the Depart- $99,704,000, to remain available until September clear Nonproliferation’’, $35,000,000, to remain
ment of Defense, and for reimbursement for de- 30, 2024, to respond to the situation in Ukraine available until expended, to respond to the situ-
fense services of the Department of Defense and and for related expenses. ation in Ukraine and for related expenses.
military education and training, provided to the RESEARCH, DEVELOPMENT, TEST AND TITLE III
government of Ukraine or to foreign countries EVALUATION, DEFENSE-WIDE BILATERAL ECONOMIC ASSISTANCE
that have provided support to Ukraine at the re- For an additional amount for ‘‘Research, De- FUNDS APPROPRIATED TO THE PRESIDENT
quest of the United States: Provided further, velopment, Test and Evaluation, Defense-
That funds transferred pursuant to a transfer ECONOMIC SUPPORT FUND
Wide’’, $31,230,000, to remain available until
authority provided under this heading in this For an additional amount for ‘‘Economic Sup-
September 30, 2024, to respond to the situation
Act shall be merged with and available for the port Fund’’, $4,500,000,000, to remain available
in Ukraine and for related expenses.
same purposes and for the same time period as until September 30, 2024, for assistance for
the appropriations to which the funds are trans- OTHER DEPARTMENT OF DEFENSE Ukraine: Provided, That funds appropriated
ferred: Provided further, That the Secretary of PROGRAMS under this heading in this Act may be made
Defense shall notify the congressional defense OFFICE OF THE INSPECTOR GENERAL available notwithstanding any other provision
committees of the details of such transfers not For an additional amount for ‘‘Office of the of law that restricts assistance to foreign coun-
less than 15 days before any such transfer: Pro- Inspector General’’, $2,000,000, to remain avail- tries and may be made available as contribu-
vided further, That upon a determination that able until September 30, 2023, to carry out re- tions.
all or part of the funds transferred from this ap- views of the activities of the Department of De- GENERAL PROVISIONS—THIS TITLE
propriation are not necessary for the purposes fense to execute funds appropriated in this title, SEC. 1301. During fiscal year 2023, section
provided herein, such amounts may be trans- including assistance provided to Ukraine: Pro- 506(a)(1) of the Foreign Assistance Act of 1961
ferred back and merged with this appropriation: vided, That the Inspector General of the Depart- (22 U.S.C. 2318(a)(1)) shall be applied by sub-
Provided further, That the transfer authority ment of Defense shall provide to the congres- stituting ‘‘$3,700,000,000’’ for ‘‘$100,000,000’’.
provided under this heading in this Act is in ad- sional defense committees a briefing not later SEC. 1302. (a) Funds appropriated by this title
dition to any other transfer authority provided than 90 days after the date of enactment of this shall be made available for direct financial sup-
by law. Act. port for the Government of Ukraine, including
PROCUREMENT RELATED AGENCIES for Ukrainian first responders, and may be
MISSILE PROCUREMENT, ARMY INTELLIGENCE COMMUNITY MANAGEMENT made available as a cash transfer subject to the
For an additional amount for ‘‘Missile Pro- ACCOUNT requirements of subsection (b): Provided, That
curement, Army’’, $450,000,000, to remain avail- such funds shall be provided on a reimbursable
For an additional amount for ‘‘Intelligence
able until September 30, 2025, to respond to the basis and matched by sources other than the
Community Management Account’’, $500,000, to
situation in Ukraine and for related expenses. United States Government, to the maximum ex-
remain available until September 30, 2023, to re-
PROCUREMENT OF AMMUNITION, ARMY tent practicable: Provided further, That the Sec-
spond to the situation in Ukraine and for re-
For an additional amount for ‘‘Procurement retary of State or the Administrator of the
lated expenses.
of Ammunition, Army’’, $540,000,000, to remain United States Agency for International Develop-
GENERAL PROVISIONS—THIS TITLE ment, as appropriate, shall ensure third-party
available until September 30, 2025, for expansion
of public and private plants, including the land SEC. 1101. Not later than 60 days after the monitoring of such funds: Provided further,
necessary therefor, and procurement and instal- date of enactment of this Act, the Secretary of That at least 15 days prior to the initial obliga-
lation of equipment, appliances, and machine Defense, in coordination with the Secretary of tion of such funds, the Secretary of State, fol-
tools in such plants, for the purpose of increas- State, shall submit a report to the Committees on lowing consultation with the Administrator of
ing production of critical munitions to replace Appropriations, Armed Services, and Foreign the United States Agency for International De-
defense articles provided to the Government of Affairs of the House of Representatives and the velopment, shall certify and report to the appro-
Ukraine or foreign countries that have provided Committees on Appropriations, Armed Services, priate congressional committees that mecha-
support to Ukraine at the request of the United and Foreign Relations of the Senate on meas- nisms for monitoring and oversight of such
States. ures being taken to account for United States funds are in place and functioning and that the
defense articles designated for Ukraine since the Government of Ukraine has in place substantial
OTHER PROCUREMENT, ARMY
February 24, 2022, Russian invasion of Ukraine, safeguards to prevent corruption and ensure ac-
For an additional amount for ‘‘Other Procure- particularly measures with regard to such arti- countability of such funds: Provided further,
ment, Army’’, $3,890,000, to remain available cles that require enhanced end-use monitoring; That not less than 45 days after the initial obli-
until September 30, 2025, to respond to the situa- measures to ensure that such articles reach their gation of such funds, the Inspectors General of
tion in Ukraine and for related expenses. intended recipients and are used for their in- the Department of State and the United States
OTHER PROCUREMENT, NAVY tended purposes; and any other measures to Agency for International Development shall
For an additional amount for ‘‘Other Procure- promote accountability for the use of such arti- submit a report to the appropriate congressional
ment, Navy’’, $2,170,000, to remain available cles: Provided, That such report shall include a committees detailing and assessing the mecha-
until September 30, 2025, to respond to the situa- description of any occurrences of articles not nisms for monitoring and safeguards described
tion in Ukraine and for related expenses. reaching their intended recipients or used for in the previous proviso.
OTHER PROCUREMENT, AIR FORCE their intended purposes and a description of (b) Funds made available to the Government
For an additional amount for ‘‘Other Procure- any remedies taken: Provided further, That of Ukraine as a cash transfer under subsection
ment, Air Force’’, $437,991,000, to remain avail- such report shall be submitted in unclassified (a) shall be subject to a memorandum of under-
able until September 30, 2025, to respond to the form, but may be accompanied by a classified standing between the Governments of the
situation in Ukraine and for other expenses. annex. United States and Ukraine that describes how
PROCUREMENT, DEFENSE-WIDE SEC. 1102. Not later than 30 days after the the funds proposed to be made available will be
date of enactment of this Act, and every 30 days used and the appropriate safeguards to ensure
For an additional amount for ‘‘Procurement,
thereafter through fiscal year 2023, the Sec- transparency and accountability: Provided,
Defense-Wide’’, $9,770,000, to remain available
retary of Defense, in coordination with the Sec- That such assistance shall be maintained in a
until September 30, 2025, to respond to the situa-
retary of State, shall provide a written report to separate, auditable account and may not be co-
tion in Ukraine and for related expenses.
the Committees on Appropriations, Armed Serv- mingled with any other funds.
RESEARCH, DEVELOPMENT, TEST AND ices, and Foreign Affairs of the House of Rep- (c) The Secretary of State or the Adminis-
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EVALUATION resentatives and the Committees on Appropria- trator of the United States Agency for Inter-
RESEARCH, DEVELOPMENT, TEST AND tions, Armed Services, and Foreign Relations of national Development, as appropriate, shall re-
EVALUATION, ARMY the Senate describing United States security as- port to the appropriate congressional committees
For an additional amount for ‘‘Research, De- sistance provided to Ukraine since the February on the uses of funds provided for direct finan-
velopment, Test and Evaluation, Army’’, 24, 2022, Russian invasion of Ukraine, including cial support to the Government of Ukraine pur-
$3,300,000, to remain available until September a comprehensive list of the defense articles and suant to subsection (a) not later than 45 days
30, 2024, to respond to the situation in Ukraine services provided to Ukraine and the associated after the date of enactment of this Act and
and for related expenses. authority and funding used to provide such ar- every 45 days thereafter until all such funds
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H8336 CONGRESSIONAL RECORD — HOUSE September 30, 2022
have been expended: Provided, That such report PAYGO scorecard maintained pursuant to sec- (B) in clause (iv), by inserting ‘‘and the por-
shall include a detailed description of the use of tion 4(d) of the Statutory Pay-As-You-Go Act of tion of fiscal year 2023 beginning on October 1,
such funds, including categories and amounts, 2010. 2022, and ending on December 16, 2022,’’ after
the intended results and the results achieved, a (b) SENATE PAYGO SCORECARDS.—The budg- ‘‘through fiscal year 2022’’.
summary of other donor contributions, and a etary effects of this division and each suc- (2) PERMITTING HOSPITALS TO DECLINE RECLAS-
description of the efforts undertaken by the Sec- ceeding division shall not be entered on any SIFICATION.—Section 13501(e)(2) of the Omnibus
retary and Administrator to increase other PAYGO scorecard maintained for purposes of Budget Reconciliation Act of 1993 (42 U.S.C.
donor contributions for direct financial support: section 4106 of H. Con. Res. 71 (115th Congress). 1395ww note) is amended by striking ‘‘or fiscal
Provided further, That such report shall also in- (c) CLASSIFICATION OF BUDGETARY EFFECTS.— year 2000 through fiscal year 2022,’’ and insert-
clude the metrics established to measure such re- Notwithstanding Rule 3 of the Budget
ing ‘‘fiscal year 2000 through fiscal year 2022, or
sults. Scorekeeping Guidelines set forth in the joint
the portion of fiscal year 2023 beginning on Oc-
(d) Funds made available for the purposes of explanatory statement of the committee of con-
tober 1, 2022, and ending on December 16, 2022’’.
subsection (a) shall be subject to the regular no- ference accompanying Conference Report 105–
tification procedures of the Committees on Ap- 217 and section 250(c)(8) of the Balanced Budget SEC. 103. EXTENSION OF INCREASED FMAPS FOR
and Emergency Deficit Control Act of 1985, the THE TERRITORIES.
propriations of the House of Representatives
and the Senate. budgetary effects of this division and each suc- Section 1905(ff) of the Social Security Act (42
TITLE IV ceeding division shall not be estimated— U.S.C. 1396d(ff)) is amended by striking ‘‘De-
(1) for purposes of section 251 of such Act; cember 13’’ each place it appears and inserting
GENERAL PROVISIONS—THIS ACT (2) for purposes of an allocation to the Com- ‘‘December 16’’ in each such place.
SEC. 1401. Each amount appropriated or made mittee on Appropriations pursuant to section
available by this Act is in addition to amounts 302(a) of the Congressional Budget Act of 1974; SEC. 104. REDUCTION OF MEDICARE IMPROVE-
MENT FUND.
otherwise appropriated for the fiscal year in- and
volved. (3) for purposes of paragraph (4)(C) of section Section 1898(b)(1) of the Social Security Act
SEC. 1402. No part of any appropriation con- 3 of the Statutory Pay-As-You-Go Act of 2010 as (42 U.S.C. 1395iii(b)(1)) is amended by striking
tained in this Act shall remain available for ob- being included in an appropriation Act. ‘‘$7,500,000,000’’ and inserting ‘‘$7,308,000,000’’.
ligation beyond the current fiscal year unless DIVISION D—HEALTH AND HUMAN
expressly so provided herein. TITLE II—HUMAN SERVICES
SERVICES EXTENSIONS
SEC. 1403. Unless otherwise provided for by TITLE I—MEDICARE AND MEDICAID SEC. 201. EXTENSION OF MATERNAL, INFANT,
this Act, the additional amounts appropriated AND EARLY CHILDHOOD HOME VIS-
SEC. 101. EXTENSION OF INCREASED INPATIENT ITING PROGRAMS.
by this Act to appropriations accounts shall be
HOSPITAL PAYMENT ADJUSTMENT
available under the authorities and conditions FOR CERTAIN LOW-VOLUME HOS- Activities authorized by section 511 of the So-
applicable to such appropriations accounts for PITALS. cial Security Act shall continue through Decem-
fiscal year 2023. (a) IN GENERAL.—Section 1886(d)(12) of the ber 16, 2022, in the manner authorized for fiscal
SEC. 1404. Each amount provided by this divi- Social Security Act (42 U.S.C. 1395ww(d)(12)) is year 2022, and out of any money in the Treas-
sion is designated by the Congress as being for amended— ury of the United States not otherwise appro-
an emergency requirement pursuant to section (1) in subparagraph (B), in the matter pre- priated, there is hereby appropriated for such
4001(a)(1) of S. Con. Res. 14 (117th Congress), ceding clause (i), by striking ‘‘in fiscal year 2023 purpose an amount equal to the pro rata portion
the concurrent resolution on the budget for fis- and subsequent fiscal years’’ and inserting of the amount appropriated for such activities
cal year 2022, and section 1(e) of H. Res. 1151 ‘‘during the portion of fiscal year 2023 begin- for fiscal year 2022.
(117th Congress), as engrossed in the House of ning on December 17, 2022, and ending on Sep-
Representatives on June 8, 2022. SEC. 202. EXTENSION OF CHILD AND FAMILY
tember 30, 2023, and in fiscal year 2024 and sub- SERVICES PROGRAMS.
This division may be cited as the ‘‘Ukraine sequent fiscal years’’;
Supplemental Appropriations Act, 2023’’. (2) in subparagraph (C)(i)— Activities authorized by part B of title IV of
DIVISION C—OTHER MATTERS (A) in the matter preceding subclause (I)— the Social Security Act shall continue through
(i) by inserting ‘‘or portion of a fiscal year’’ December 16, 2022, in the manner authorized for
TITLE I—EXTENSIONS, TECHNICAL
after ‘‘for a fiscal year’’; and fiscal year 2022, and out of any money in the
CORRECTIONS, AND OTHER MATTERS
(ii) by inserting ‘‘and the portion of fiscal Treasury of the United States not otherwise ap-
SEC. 101. EXTENSION OF FCC AUCTION AUTHOR- year 2023 beginning on October 1, 2022, and end- propriated, there are hereby appropriated such
ITY. ing on December 16, 2022’’ after ‘‘through 2022’’; sums as may be necessary for such purpose.
Section 309(j)(11) of the Communications Act (B) in subclause (III), by inserting ‘‘and the
of 1934 (47 U.S.C. 309(j)(11)) is amended by strik- portion of fiscal year 2023 beginning on October TITLE III—PUBLIC HEALTH
ing ‘‘September 30, 2022’’ and inserting ‘‘Decem- 1, 2022, and ending on December 16, 2022’’ after SEC. 301. EXTENSION OF THE PROGRAM TO DEEM
ber 16, 2022’’. ‘‘through 2022’’; and CERTAIN HEALTH PROFESSIONAL
SEC. 102. EXTENSION OF AUTHORIZATION FOR (C) in subclause (IV), by striking ‘‘fiscal year VOLUNTEERS EMPLOYEES OF THE
SPECIAL ASSESSMENT FOR DOMES- 2023’’ and inserting ‘‘the portion of fiscal year PUBLIC HEALTH SERVICE UNDER
TIC TRAFFICKING VICTIMS’ FUND. 2023 beginning on December 17, 2022, and ending CERTAIN CIRCUMSTANCES.
Section 3014(a) of title 18, United States Code, on September 30, 2023, and fiscal year 2024’’; (a) IN GENERAL.—Section 224(q) of the Public
is amended, in the matter preceding paragraph and Health Service Act (42 U.S.C. 233(q)) is amended
(1), by striking ‘‘September 30, 2022’’ and insert- (3) in subparagraph (D)— by striking paragraph (6).
ing ‘‘December 16, 2022’’. (A) in the matter preceding clause (i), by in-
serting ‘‘or during the portion of fiscal year 2023 (b) TECHNICAL CORRECTIONS.—Section 224 of
SEC. 103. UNITED STATES PAROLE COMMISSION
EXTENSION. beginning on October 1, 2022, and ending on De- the Public Health Service Act (42 U.S.C. 233) is
cember 16, 2022’’ after ‘‘through 2022’’; and amended—
(a) SHORT TITLE.—This section may be cited
as the ‘‘United States Parole Commission Exten- (B) in clause (ii), by inserting ‘‘and the por- (1) in subsection (g)(1)(H)(iv), by striking
sion Act of 2022’’. tion of fiscal year 2023 beginning on October 1, ‘‘this section.’’ and inserting ‘‘this section).’’;
(b) AMENDMENT OF SENTENCING REFORM ACT 2022, and ending on December 16, 2022’’ after (2) in subsection (k)(3), by inserting ‘‘gov-
OF 1984.—For purposes of section 235(b) of the ‘‘through 2022’’. erning board members,’’ after ‘‘officers,’’;
Sentencing Reform Act of 1984 (18 U.S.C. 3551 (b) IMPLEMENTATION.—Notwithstanding any
(3) in subsection (p)(7)(A)(i), by moving the
note; Public Law 98–473; 98 Stat. 2032), as such other provision of law, the Secretary of Health
margin of subclause (II) 2 ems to the left; and
section relates to chapter 311 of title 18, United and Human Services may implement the provi-
States Code, and the United States Parole Com- sions of, including the amendments made by, (4) in subsection (q)(5)(A), by striking ‘‘and
mission, each reference in such section to ‘‘35 this section by program instruction or otherwise. paragraph (6)’’.
years’’ or ‘‘35-year period’’ shall be deemed a SEC. 102. EXTENSION OF THE MEDICARE-DE- SEC. 302. EXTENSION OF AUTHORIZATION FOR A
reference to ‘‘35 years and 46 days’’ or ‘‘35-year PENDENT HOSPITAL (MDH) PRO- COMMISSIONED OFFICER OF THE
and 46-day period’’, respectively. GRAM. PUBLIC HEALTH SERVICE TO ACCU-
(a) IN GENERAL.—Section 1886(d)(5)(G) of the MULATE EXCESS ANNUAL LEAVE.
SEC. 104. EXTENSION OF COMMODITY FUTURES
TRADING COMMISSION CUSTOMER Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) For purposes of annual leave accumulated in
PROTECTION FUND EXPENSES AC- is amended— fiscal year 2022, the authority provided in sec-
COUNT. (1) in clause (i), by striking ‘‘October 1, 2022’’ tion 2106 of division C of Public Law 116–159 (42
Section 1(b) of Public Law 117–25 (135 Stat. and inserting ‘‘December 17, 2022’’; and U.S.C. 210–1 note) shall apply to such leave by
(2) in clause (ii)(II), by striking ‘‘October 1,
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297) is amended by striking ‘‘October 1, 2022’’ substituting ‘‘2022’’ for ‘‘2020’’ in subsections (a)
each place it appears and inserting ‘‘December 2022’’ and inserting ‘‘December 17, 2022’’. and (d)(2).
16, 2022’’. (b) CONFORMING AMENDMENTS.—
(1) EXTENSION OF TARGET AMOUNT.—Section TITLE IV—INDIAN HEALTH
TITLE II—BUDGETARY EFFECTS 1886(b)(3)(D) of the Social Security Act (42
SEC. 201. BUDGETARY EFFECTS. SEC. 401. EXTENSION OF MORATORIUM.
U.S.C. 1395ww(b)(3)(D)) is amended—
(a) STATUTORY PAYGO SCORECARDS.—The (A) in the matter preceding clause (i), by Section 424(a) of title IV of division G of Pub-
budgetary effects of this division and each suc- striking ‘‘October 1, 2022’’ and inserting ‘‘De- lic Law 113–76 is amended by striking ‘‘October
ceeding division shall not be entered on either cember 17, 2022’’; and 1, 2019’’ and inserting ‘‘December 16, 2022’’.
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8337
DIVISION E—VETERANS AFFAIRS TITLE III—EXTENSIONS OF AUTHORITIES DIVISION F—FDA USER FEE
EXTENSIONS RELATING TO HOMELESS VETERANS REAUTHORIZATION ACT OF 2022
TITLE I—EXTENSIONS OF AUTHORITIES SEC. 301. EXTENSION OF AUTHORIZATION OF AP- SECTION 1. SHORT TITLE.
RELATING TO HEALTH CARE PROPRIATIONS FOR HOMELESS VET- This division may be cited as the ‘‘FDA User
ERANS REINTEGRATION PROGRAMS.
SEC. 101. EXTENSION OF AUTHORITY FOR COL- Fee Reauthorization Act of 2022’’.
Section 2021(e)(1)(F) of title 38, United States
LECTION OF COPAYMENTS FOR HOS- SEC. 2. TABLE OF CONTENTS.
PITAL CARE AND NURSING HOME Code, is amended by striking ‘‘2022’’ and insert-
ing ‘‘2024’’. The table of contents for this division is as fol-
CARE.
SEC. 302. EXTENSION OF AUTHORIZATION OF AP-
lows:
Section 1710(f)(2)(B) of title 38, United States
PROPRIATIONS FOR HOMELESS DIVISION F—FDA USER FEE
Code, is amended by striking ‘‘September 30, WOMEN VETERANS AND HOMELESS REAUTHORIZATION ACT OF 2022
2022’’ and inserting ‘‘September 30, 2024’’. VETERANS WITH CHILDREN RE-
INTEGRATION GRANT PROGRAM.
Sec. 1. Short title.
SEC. 102. EXTENSION OF REQUIREMENT TO PRO-
VIDE NURSING HOME CARE TO CER- Sec. 2. Table of contents.
Section 2021A(f)(1) of title 38, United States
TAIN VETERANS WITH SERVICE-CON- Code, is amended by striking ‘‘2022’’ and insert- TITLE I—FEES RELATING TO DRUGS
NECTED DISABILITIES.
ing ‘‘2024’’. Sec. 1001. Short title; finding.
Section 1710A(d) of title 38, United States SEC. 303. EXTENSION OF AUTHORITY FOR TREAT- Sec. 1002. Definitions.
Code, is amended by striking ‘‘September 30, MENT AND REHABILITATION FOR SE- Sec. 1003. Authority to assess and use drug fees.
2022’’ and inserting ‘‘September 30, 2024’’. RIOUSLY MENTALLY ILL AND HOME- Sec. 1004. Reauthorization; reporting require-
SEC. 103. EXTENSION OF AUTHORITY TO CON- LESS VETERANS. ments.
TINUE DOD–VA HEALTH CARE SHAR- (a) GENERAL TREATMENT.—Section 2031(b) of Sec. 1005. Sunset dates.
ING INCENTIVE FUND. title 38, United States Code, is amended by strik- Sec. 1006. Effective date.
Section 8111(d)(3) of title 38, United States ing ‘‘September 30, 2022’’ and inserting ‘‘Sep- Sec. 1007. Savings clause.
Code, is amended by striking ‘‘September 30, tember 30, 2024’’.
TITLE II—FEES RELATING TO DEVICES
2023’’ and inserting ‘‘September 30, 2026’’. (b) ADDITIONAL SERVICES AT CERTAIN LOCA-
TIONS.—Section 2033(d) of such title is amended Sec. 2001. Short title; finding.
SEC. 104. EXTENSION OF AUTHORITY FOR JOINT
DEPARTMENT OF DEFENSE-DEPART- by striking ‘‘September 30, 2022’’ and inserting Sec. 2002. Definitions.
MENT OF VETERANS AFFAIRS MED- ‘‘September 30, 2024’’. Sec. 2003. Authority to assess and use device
ICAL FACILITY DEMONSTRATION SEC. 304. EXTENSION OF FUNDING FOR FINAN- fees.
FUND. CIAL ASSISTANCE FOR SUPPORTIVE Sec. 2004. Reauthorization; reporting require-
Section 1704(e) of the National Defense Au- SERVICES FOR VERY LOW-INCOME ments.
thorization Act for Fiscal Year 2010 (Public Law VETERAN FAMILIES IN PERMANENT Sec. 2005. Conformity assessment pilot program.
111–84; 123 Stat. 2573), as most recently amended HOUSING. Sec. 2006. Reauthorization of third-party review
by section 715 of the National Defense Author- Section 2044(e)(1)(H) of title 38, United States program.
ization Act for Fiscal Year 2022 (Public Law Code, is amended by striking ‘‘and 2022’’ and in- Sec. 2007. Sunset dates.
117–81; 135 Stat. 1787), is amended by striking serting ‘‘through 2024’’. Sec. 2008. Effective date.
‘‘September 30, 2023’’ and inserting ‘‘September SEC. 305. EXTENSION OF FUNDING FOR GRANT Sec. 2009. Savings clause.
30, 2024’’. PROGRAM FOR HOMELESS VET-
ERANS WITH SPECIAL NEEDS.
TITLE III—FEES RELATING TO GENERIC
SEC. 105. EXTENSION OF TEMPORARY EXPANSION DRUGS
OF PAYMENTS AND ALLOWANCES
Section 2061(d)(1) of title 38, United States
Code, is amended by striking ‘‘2022’’ and insert- Sec. 3001. Short title; finding.
FOR BENEFICIARY TRAVEL IN CON-
NECTION WITH VETERANS RECEIV- ing ‘‘2024’’. Sec. 3002. Authority to assess and use human
ING CARE FROM VET CENTERS. SEC. 306. EXTENSION OF AUTHORITY FOR THE generic drug fees.
ADVISORY COMMITTEE ON HOME- Sec. 3003. Reauthorization; reporting require-
Section 104(a) of the Honoring America’s Vet-
LESS VETERANS. ments.
erans and Caring for Camp Lejeune Families
Section 2066(d) of title 38, United States Code, Sec. 3004. Sunset dates.
Act of 2012 (Public Law 112–154; 126 Stat. 1169),
is amended by striking ‘‘September 30, 2022’’ and Sec. 3005. Effective date.
as most recently amended by section 3 of the De-
inserting ‘‘September 30, 2026’’. Sec. 3006. Savings clause.
partment of Veterans Affairs Expiring Authori-
ties Act of 2021 (Public Law 117–42; 135 Stat. TITLE IV—EXTENSIONS OF OTHER TITLE IV—FEES RELATING TO BIOSIMILAR
342), is amended by striking ‘‘September 30, AUTHORITIES BIOLOGICAL PRODUCTS
2022’’ and inserting ‘‘September 30, 2023’’. SEC. 401. EXTENSION OF AUTHORIZATION OF AP- Sec. 4001. Short title; finding.
TITLE II—EXTENSIONS OF AUTHORITIES PROPRIATIONS FOR MONTHLY AS- Sec. 4002. Definitions.
SISTANCE ALLOWANCE UNDER THE Sec. 4003. Authority to assess and use biosimilar
RELATING TO BENEFITS OFFICE OF NATIONAL VETERANS biological product fees.
SEC. 201. EXTENSION OF AUTHORITY TO TRANS- SPORTS PROGRAMS AND SPECIAL
PORT INDIVIDUALS TO AND FROM EVENTS.
Sec. 4004. Reauthorization; reporting require-
DEPARTMENT OF VETERANS AF- ments.
Section 322(d)(4) of title 38, United States
FAIRS FACILITIES. Sec. 4005. Sunset dates.
Code, is amended by striking ‘‘2022’’ and insert-
Section 111A(a)(2) of title 38, United States Sec. 4006. Effective date.
ing ‘‘2026’’.
Code, is amended by striking ‘‘September 30, Sec. 4007. Savings clause.
SEC. 402. EXTENSION AND AUTHORIZATION OF
2022’’ and inserting ‘‘September 30, 2024’’. APPROPRIATIONS FOR ADAPTIVE TITLE V—REAUTHORIZATION OF OTHER
SEC. 202. EXTENSION OF AUTHORITY TO MAIN- SPORTS PROGRAMS FOR DISABLED PROVISIONS
TAIN REGIONAL OFFICE IN THE RE- VETERANS AND MEMBERS OF THE Sec. 5001. Reauthorization of the best pharma-
PUBLIC OF THE PHILIPPINES. ARMED FORCES.
ceuticals for children program.
Section 315(b) of title 38, United States Code, (a) AUTHORIZATION OF APPROPRIATIONS.— Sec. 5002. Reauthorization of the humanitarian
is amended by striking ‘‘September 30, 2022’’ and Subsection (g)(1)(B) of section 521A of title 38, device exemption incentive.
inserting ‘‘September 30, 2024’’. United States Code, is amended by striking Sec. 5003. Reauthorization of the pediatric de-
SEC. 203. EXTENSION OF AUTHORITY FOR RE-
‘‘and 2022’’ and inserting ‘‘through 2026’’. vice consortia program.
PORT ON EQUITABLE RELIEF PRO- (b) EXTENSION.—Subsection (l) of such section Sec. 5004. Reauthorization of provision per-
VIDED DUE TO ADMINISTRATIVE is amended by striking ‘‘2022’’ and inserting taining to drugs containing single
ERROR. ‘‘2026’’. enantiomers.
Section 503(c) of title 38, United States Code, (c) TECHNICAL CORRECTION.—Subsection
Sec. 5005. Reauthorization of the critical path
is amended by striking ‘‘December 31, 2022’’ and (g)(1)(A) of such section is amended by striking
public-private partnership.
inserting ‘‘December 31, 2024’’. ‘‘. for each of fiscal years 2010 through 2020’’.
Sec. 5006. Reauthorization of orphan drug
SEC. 403. EXTENSION OF ADVISORY COMMITTEE
SEC. 204. EXTENSION OF AUTHORITY TO PROVIDE grants.
ON MINORITY VETERANS.
ASSISTANCE FOR SPECIALLY ADAPT- Sec. 5007. Reauthorization of certain device in-
ED HOUSING FOR DISABLED VET- Section 544(e) of title 38, United States Code, spections.
ERANS RESIDING TEMPORARILY IN is amended by striking ‘‘September 30, 2022’’ and Sec. 5008. Reauthorization of reporting require-
HOUSING OWNED BY A FAMILY MEM- inserting ‘‘September 30, 2026’’. ments related to pending generic
BER. SEC. 404. EXTENSION OF VETERANS’ ADVISORY drug applications and priority re-
Section 2102A(e) of title 38, United States COMMITTEE ON EDUCATION.
view applications.
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Code, is amended by striking ‘‘December 31, Section 3692(c) of title 38, United States Code,
2022’’ and inserting ‘‘December 31, 2024’’. is amended by striking ‘‘December 31, 2022’’ and TITLE I—FEES RELATING TO DRUGS
SEC. 205. EXTENSION OF SPECIALLY ADAPTED inserting ‘‘December 31, 2026’’. SEC. 1001. SHORT TITLE; FINDING.
HOUSING ASSISTIVE TECHNOLOGY SEC. 405. EXTENSION OF AUTHORITY FOR TRANS- (a) SHORT TITLE.—This title may be cited as
GRANT PROGRAM. FER OF REAL PROPERTY. the ‘‘Prescription Drug User Fee Amendments of
Section 2108(g) of title 38, United States Code, Section 8118(a)(5) of title 38, United States 2022’’.
is amended by striking ‘‘September 30, 2022’’ and Code, is amended by striking ‘‘September 30, (b) FINDING.—Congress finds that the fees au-
inserting ‘‘September 30, 2024’’. 2022’’ and inserting ‘‘September 30, 2024’’. thorized by the amendments made by this title
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H8338 CONGRESSIONAL RECORD — HOUSE September 30, 2022
will be dedicated toward expediting the drug de- ‘‘(iv) intended to detect an immediate- or de- Act (21 U.S.C. 379h(b)) is amended to read as
velopment process and the process for the review layed-type skin hypersensitivity reaction to aid follows:
of human drug applications, including in the diagnosis of— ‘‘(1) IN GENERAL.—For each of the fiscal years
postmarket drug safety activities, as set forth in ‘‘(I) an allergy to an antimicrobial agent; 2023 through 2027, fees under subsection (a)
the goals identified for purposes of part 2 of sub- ‘‘(II) an allergy that is not to an antimicrobial shall, except as provided in subsections (c), (d),
chapter C of chapter VII of the Federal Food, agent, if the diagnostic product was authorized (f), and (g), be established to generate a total
Drug, and Cosmetic Act (21 U.S.C. 379g et seq.), for marketing prior to October 1, 2022; or revenue amount under such subsection that is
in the letters from the Secretary of Health and ‘‘(III) infection with fungal or mycobacterial equal to the sum of—
Human Services to the Chairman of the Com- pathogens; and ‘‘(A) the annual base revenue for the fiscal
mittee on Health, Education, Labor, and Pen- ‘‘(B) includes positive and negative controls year (as determined under paragraph (3));
sions of the Senate and the Chairman of the required to interpret the results of a product de- ‘‘(B) the dollar amount equal to the inflation
Committee on Energy and Commerce of the scribed in subparagraph (A).’’. adjustment for the fiscal year (as determined
House of Representatives, as set forth in the SEC. 1003. AUTHORITY TO ASSESS AND USE DRUG under subsection (c)(1));
Congressional Record. FEES. ‘‘(C) the dollar amount equal to the strategic
SEC. 1002. DEFINITIONS. (a) TYPES OF FEES.— hiring and retention adjustment for the fiscal
(a) HUMAN DRUG APPLICATION.—Section (1) HUMAN DRUG APPLICATION FEE.—Section year (as determined under subsection (c)(2));
735(1) of the Federal Food, Drug, and Cosmetic 736(a) of the Federal Food, Drug, and Cosmetic ‘‘(D) the dollar amount equal to the capacity
Act (21 U.S.C. 379g(1)) is amended, in the matter Act (21 U.S.C. 379h(a)) is amended— planning adjustment for the fiscal year (as de-
following subparagraph (B), by striking ‘‘an al- (A) in the matter preceding paragraph (1), by termined under subsection (c)(3));
lergenic extract product, or’’ and inserting striking ‘‘fiscal year 2018’’ and inserting ‘‘fiscal ‘‘(E) the dollar amount equal to the operating
‘‘does not include an application with respect to year 2023’’; reserve adjustment for the fiscal year, if appli-
(B) in paragraph (1)(A), by striking ‘‘(c)(5)’’ cable (as determined under subsection (c)(4));
an allergenic extract product licensed before Oc-
each place it appears and inserting ‘‘(c)(6)’’; ‘‘(F) the dollar amount equal to the additional
tober 1, 2022, does not include an application
(C) in paragraph (1)(C), by inserting ‘‘prior to direct cost adjustment for the fiscal year (as de-
with respect to a standardized allergenic extract
approval’’ after ‘‘or was withdrawn’’; and termined under subsection (c)(5)); and
product submitted pursuant to a notification to
(D) in paragraph (1), by adding at the end the ‘‘(G) additional dollar amounts for each fiscal
the applicant from the Secretary regarding the
following: year as follows:
existence of a potency test that measures the al- ‘‘(H) EXCEPTION FOR SKIN-TEST DIAGNOSTIC ‘‘(i) $65,773,693 for fiscal year 2023.
lergenic activity of an allergenic extract product PRODUCTS.—A human drug application for a ‘‘(ii) $25,097,671 for fiscal year 2024.
licensed by the applicant before October 1, 2022, skin-test diagnostic product shall not be subject ‘‘(iii) $14,154,169 for fiscal year 2025.
does not include an application with respect to a fee under subparagraph (A).’’. ‘‘(iv) $4,864,860 for fiscal year 2026.
to’’. (2) PRESCRIPTION DRUG PROGRAM FEE.—Sec- ‘‘(v) $1,314,620 for fiscal year 2027.’’.
(b) PRESCRIPTION DRUG PRODUCT.—Section tion 736(a)(2) of the Federal Food, Drug, and (2) ANNUAL BASE REVENUE.—Paragraph (3) of
735(3) of the Federal Food, Drug, and Cosmetic Cosmetic Act (21 U.S.C. 379h(a)(2)) is amended— section 736(b) of the Federal Food, Drug, and
Act (21 U.S.C. 379g(3)) is amended— (A) in subparagraph (A)— Cosmetic Act (21 U.S.C. 379h(b)) is amended to
(1) by redesignating subparagraphs (A), (B), (i) by striking ‘‘Except as provided in sub- read as follows:
and (C) as clauses (i), (ii), and (iii), respectively; paragraphs (B) and (C)’’ and inserting the fol- ‘‘(3) ANNUAL BASE REVENUE.—For purposes of
(2) by striking ‘‘(3) The term’’ and inserting lowing: paragraph (1), the dollar amount of the annual
‘‘(3)(A) The term’’; ‘‘(i) PAYMENT OF FEES.—Except as provided in base revenue for a fiscal year shall be—
(3) by striking ‘‘Such term does not include subparagraphs (B) and (C)’’; ‘‘(A) for fiscal year 2023, $1,151,522,958; and
whole blood’’ and inserting the following: (ii) by striking ‘‘subsection (c)(5)’’ and insert- ‘‘(B) for fiscal years 2024 through 2027, the
‘‘(B) Such term does not include whole ing ‘‘subsection (c)(6)’’; and dollar amount of the total revenue amount es-
blood’’; (iii) by adding at the end the following: tablished under paragraph (1) for the previous
(4) by striking ‘‘an allergenic extract prod- ‘‘(ii) SPECIAL RULE FOR PREVIOUSLY DISCON- fiscal year, not including any adjustments made
uct,’’ and inserting ‘‘an allergenic extract prod- TINUED DRUG PRODUCTS.—If a drug product that under subsection (c)(4) or (c)(5).’’.
uct licensed before October 1, 2022, a standard- is identified in a human drug application ap- (c) ADJUSTMENTS; ANNUAL FEE SETTING.—
ized allergenic extract product submitted pursu- proved as of October 1 of a fiscal year is not a (1) INFLATION ADJUSTMENT.—Section
ant to a notification to the applicant from the prescription drug product as of that date be- 736(c)(1)(B)(ii) of the Federal Food, Drug, and
Secretary regarding the existence of a potency cause the drug product is in the discontinued Cosmetic Act (21 U.S.C. 379h(c)(1)(B)(ii)) is
test that measures the allergenic activity of an section of a list referenced in section amended by striking ‘‘Washington-Baltimore,
allergenic extract product licensed by the appli- 735(3)(A)(iii), and on any subsequent day dur- DC–MD–VA–WV’’ and inserting ‘‘Washington-
cant before October 1, 2022,’’ ; and ing such fiscal year the drug product is a pre- Arlington-Alexandria, DC–VA–MD–WV’’.
(5) by adding at the end the following: scription drug product, then except as provided (2) STRATEGIC HIRING AND RETENTION ADJUST-
‘‘(C)(i) If a written request to place a product in subparagraphs (B) and (C), each person who MENT.—Section 736(c) of the Federal Food,
in the discontinued section of either of the lists is named as the applicant in a human drug ap- Drug, and Cosmetic Act (21 U.S.C. 379h(c)) is
referenced in subparagraph (A)(iii) is submitted plication with respect to such product, and who, amended—
to the Secretary on behalf of an applicant, and after September 1, 1992, had pending before the (A) by redesignating paragraphs (2) through
the request identifies the date the product is, or Secretary a human drug application or supple- (6) as paragraphs (3) through (7), respectively;
will be, withdrawn from sale, then for purposes ment, shall pay the annual prescription drug and
of assessing the prescription drug program fee program fee established for a fiscal year under (B) by inserting after paragraph (1) the fol-
under section 736(a)(2), the Secretary shall con- subsection (c)(6) for such prescription drug lowing:
sider such product to have been included in the product. Such fee shall be due on the last busi- ‘‘(2) STRATEGIC HIRING AND RETENTION AD-
discontinued section on the later of— ness day of such fiscal year and shall be paid JUSTMENT.—For each fiscal year, after the an-
‘‘(I) the date such request was received; or only once for each such product for a fiscal year nual base revenue established in subsection
‘‘(II) if the product will be withdrawn from in which the fee is payable.’’; and (b)(1)(A) is adjusted for inflation in accordance
sale on a future date, such future date when the (B) by amending subparagraph (B) to read as with paragraph (1), the Secretary shall further
product is withdrawn from sale. follows: increase the fee revenue and fees by the fol-
‘‘(ii) For purposes of this subparagraph, a ‘‘(B) EXCEPTION FOR CERTAIN PRESCRIPTION lowing amounts:
product shall be considered withdrawn from sale DRUG PRODUCTS.—A prescription drug program ‘‘(A) For fiscal year 2023, $9,000,000.
once the applicant has ceased its own distribu- fee shall not be assessed for a prescription drug ‘‘(B) For each of fiscal years 2024 through
tion of the product, whether or not the appli- product under subparagraph (A) if such product 2027, $4,000,000.’’.
cant has ordered recall of all previously distrib- is— (3) CAPACITY PLANNING ADJUSTMENT.—Para-
uted lots of the product, except that a routine, ‘‘(i) a large volume parenteral product (a ster- graph (3), as redesignated, of section 736(c) of
temporary interruption in supply shall not ile aqueous drug product packaged in a single- the Federal Food, Drug, and Cosmetic Act (21
render a product withdrawn from sale.’’. dose container with a volume greater than or U.S.C. 379h(c)) is amended to read as follows:
(c) SKIN-TEST DIAGNOSTIC PRODUCT.—Section equal to 100 mL, not including powders for re- ‘‘(3) CAPACITY PLANNING ADJUSTMENT.—
735 of the Federal Food, Drug, and Cosmetic Act constitution or pharmacy bulk packages) identi- ‘‘(A) IN GENERAL.—For each fiscal year, after
(21 U.S.C. 379g) is amended by adding at the fied on the list compiled under section 505(j)(7); the annual base revenue established in sub-
end the following: ‘‘(ii) pharmaceutically equivalent (as defined section (b)(1)(A) is adjusted in accordance with
‘‘(12) The term ‘skin-test diagnostic product’— in section 314.3 of title 21, Code of Federal Regu- paragraphs (1) and (2), such revenue shall be
SSpencer on DSK126QN23PROD with HOUSE
‘‘(A) means a product— lations (or any successor regulation)) to another adjusted further for such fiscal year, in accord-
‘‘(i) for prick, scratch, intradermal, or sub- product on the list of products compiled under ance with this paragraph, to reflect changes in
cutaneous administration; section 505(j)(7) (not including the discontinued the resource capacity needs of the Secretary for
‘‘(ii) expected to produce a limited, local reac- section of such list); or the process for the review of human drug appli-
tion at the site of administration (if positive), ‘‘(iii) a skin-test diagnostic product.’’. cations.
rather than a systemic effect; (b) FEE REVENUE AMOUNTS.— ‘‘(B) METHODOLOGY.—For purposes of this
‘‘(iii) not intended to be a preventive or thera- (1) IN GENERAL.—Paragraph (1) of section paragraph, the Secretary shall employ the ca-
peutic intervention; and 736(b) of the Federal Food, Drug, and Cosmetic pacity planning methodology utilized by the
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8339
Secretary in setting fees for fiscal year 2021, as Food, Drug, and Cosmetic Act (21 U.S.C. U.S.C. 379h–2) shall cease to be effective Janu-
described in the notice titled ‘Prescription Drug 379h(c)) is amended by striking ‘‘September 30, ary 31, 2028.
User Fee Rates for Fiscal Year 2021’ published 2017’’ and inserting ‘‘September 30, 2022’’. (c) PREVIOUS SUNSET PROVISION.—Effective
in the Federal Register on August 3, 2020 (85 (d) CREDITING AND AVAILABILITY OF FEES.— October 1, 2022, subsections (a) and (b) of sec-
Fed. Reg. 46651). The workload categories used Section 736(g)(3) of the Federal Food, Drug, and tion 104 of the FDA Reauthorization Act of 2017
in applying such methodology in forecasting Cosmetic Act (21 U.S.C. 379h(g)(3)) is amended (Public Law 115–52) are repealed.
shall include only the activities described in by striking ‘‘fiscal years 2018 through 2022’’ and SEC. 1006. EFFECTIVE DATE.
that notice and, as feasible, additional activities inserting ‘‘fiscal years 2023 through 2027’’. The amendments made by this title shall take
that are directly related to the direct review of (e) WRITTEN REQUESTS FOR WAIVERS, REDUC- effect on October 1, 2022, or the date of the en-
applications and supplements, including addi- TIONS, EXEMPTIONS, AND RETURNS; DISPUTES actment of this Act, whichever is later, except
tional formal meeting types, the direct review of CONCERNING FEES.—Section 736(i) of the Federal that fees under part 2 of subchapter C of chap-
postmarketing commitments and requirements, Food, Drug, and Cosmetic Act (21 U.S.C. ter VII of the Federal Food, Drug, and Cosmetic
the direct review of risk evaluation and mitiga- 379h(i)) is amended to read as follows: Act (21 U.S.C. 379g et seq.) shall be assessed for
tion strategies, and the direct review of annual ‘‘(i) WRITTEN REQUESTS FOR WAIVERS, REDUC- all human drug applications received on or after
reports for approved prescription drug products. TIONS, EXEMPTIONS, AND RETURNS; DISPUTES October 1, 2022, regardless of the date of the en-
Subject to the exceptions in the preceding sen- CONCERNING FEES.—To qualify for consideration actment of this Act.
tence, the Secretary shall not include as work- for a waiver or reduction under subsection (d), SEC. 1007. SAVINGS CLAUSE.
load categories in applying such methodology in an exemption under subsection (k), or the return Notwithstanding the amendments made by
forecasting any non-core review activities, in- of any fee paid under this section, including if this title, part 2 of subchapter C of chapter VII
cluding those activities that the Secretary ref- the fee is claimed to have been paid in error, a of the Federal Food, Drug, and Cosmetic Act (21
erenced for potential future use in such notice person shall— U.S.C. 379g et seq.), as in effect on the day be-
but did not utilize in setting fees for fiscal year ‘‘(1) not later than 180 days after such fee is fore the date of the enactment of this title, shall
2021. due, submit to the Secretary a written request continue to be in effect with respect to human
‘‘(C) LIMITATION.—Under no circumstances justifying such waiver, reduction, exemption, or drug applications and supplements (as defined
shall an adjustment under this paragraph result return; and in such part as of such day) that were accepted
in fee revenue for a fiscal year that is less than ‘‘(2) include in the request any legal authori- by the Food and Drug Administration for filing
the sum of the amounts under subsections ties under which the request is made.’’. on or after October 1, 2017, but before October 1,
(b)(1)(A) (the annual base revenue for the fiscal (f) ORPHAN DRUGS.—Section 736(k) of the Fed- 2022, with respect to assessing and collecting
year), (b)(1)(B) (the dollar amount of the infla- eral Food, Drug, and Cosmetic Act (21 U.S.C. any fee required by such part for a fiscal year
tion adjustment for the fiscal year), and 379h(k)) is amended— prior to fiscal year 2023.
(b)(1)(C) (the dollar amount of the strategic hir- (1) in paragraph (1)(B), by striking ‘‘during
TITLE II—FEES RELATING TO DEVICES
ing and retention adjustment for the fiscal the previous year’’ and inserting ‘‘as determined
year). under paragraph (2)’’; and SEC. 2001. SHORT TITLE; FINDING.
‘‘(D) PUBLICATION IN FEDERAL REGISTER.—The (2) by amending paragraph (2) to read as fol- (a) SHORT TITLE.—This title may be cited as
Secretary shall publish in the Federal Register lows: the ‘‘Medical Device User Fee Amendments of
notice under paragraph (6) of the fee revenue ‘‘(2) EVIDENCE OF QUALIFICATION.—An exemp- 2022’’.
and fees resulting from the adjustment and the tion under paragraph (1) applies with respect to (b) FINDING.—Congress finds that the fees au-
methodologies under this paragraph.’’. a drug only if the applicant involved submits a thorized under the amendments made by this
(4) OPERATING RESERVE ADJUSTMENT.—Para- certification that the applicant’s gross annual title will be dedicated toward expediting the
graph (4), as redesignated, of section 736(c) of revenues did not exceed $50,000,000 for the last process for the review of device applications and
the Federal Food, Drug, and Cosmetic Act (21 calendar year ending prior to the fiscal year for for assuring the safety and effectiveness of de-
U.S.C. 379h(c)) is amended— which the exemption is requested. Such certifi- vices, as set forth in the goals identified for pur-
(A) by amending subparagraph (A) to read as cation shall be supported by— poses of part 3 of subchapter C of chapter VII
follows: ‘‘(A) tax returns submitted to the United of the Federal Food, Drug, and Cosmetic Act (21
‘‘(A) INCREASE.—For fiscal year 2023 and sub- States Internal Revenue Service; or U.S.C. 379i et seq.), in the letters from the Sec-
sequent fiscal years, the Secretary shall, in ad- ‘‘(B) as necessary, other appropriate financial retary of Health and Human Services to the
dition to adjustments under paragraphs (1), (2), information.’’. Chairman of the Committee on Health, Edu-
and (3), further increase the fee revenue and SEC. 1004. REAUTHORIZATION; REPORTING RE- cation, Labor, and Pensions of the Senate and
fees if such an adjustment is necessary to pro- QUIREMENTS. the Chairman of the Committee on Energy and
vide for operating reserves of carryover user fees Section 736B of the Federal Food, Drug, and Commerce of the House of Representatives, as
for the process for the review of human drug ap- Cosmetic Act (21 U.S.C. 379h–2) is amended— set forth in the Congressional Record.
plications for each fiscal year in at least the fol- (1) in subsection (a)(1), by striking ‘‘Begin- SEC. 2002. DEFINITIONS.
lowing amounts: ning with fiscal year 2018, not’’ and inserting Section 737 of the Federal Food, Drug, and
‘‘(i) For fiscal year 2023, at least 8 weeks of Cosmetic Act (21 U.S.C. 379i) is amended—
‘‘Not’’;
operating reserves. (1) in paragraph (9)—
‘‘(ii) For fiscal year 2024, at least 9 weeks of (2) by striking ‘‘Prescription Drug User Fee
Amendments of 2017’’ each place it appears and (A) in the matter preceding subparagraph (A),
operating reserves. by striking ‘‘and premarket notification submis-
‘‘(iii) For fiscal year 2025 and subsequent fis- inserting ‘‘Prescription Drug User Fee Amend-
ments of 2022’’; sions’’ and inserting ‘‘premarket notification
cal years, at least 10 weeks of operating re- submissions, and de novo classification re-
serves.’’; and (3) in subsection (a)(3)(A), by striking ‘‘Not
later than 30 calendar days after the end of the quests’’;
(B) in subparagraph (C), by striking ‘‘para- (B) in subparagraph (D), by striking ‘‘and
graph (5)’’ and inserting ‘‘paragraph (6)’’. second quarter of fiscal year 2018, and not later
than 30 calendar days after the end of each submissions’’ and inserting ‘‘submissions, and
(5) ADDITIONAL DIRECT COST ADJUSTMENT.—
quarter of each fiscal year thereafter’’ and in- de novo classification requests’’;
Paragraph (5), as redesignated, of section 736(c)
serting ‘‘Not later than 30 calendar days after (C) in subparagraph (F), by striking ‘‘and
of the Federal Food, Drug, and Cosmetic Act (21
the end of each quarter of each fiscal year for premarket notification submissions’’ and insert-
U.S.C. 379h(c)) is amended to read as follows:
which fees are collected under this part’’; ing ‘‘premarket notification submissions, and de
‘‘(5) ADDITIONAL DIRECT COST ADJUSTMENT.—
‘‘(A) INCREASE.—The Secretary shall, in addi- (4) in subsection (a)(4), by striking ‘‘Begin- novo classification requests’’;
tion to adjustments under paragraphs (1), (2), (D) in each of subparagraphs (G) and (H), by
ning with fiscal year 2020, the’’ and inserting
(3), and (4), further increase the fee revenue and striking ‘‘or submissions’’ and inserting ‘‘sub-
‘‘The’’;
fees— missions, or requests’’; and
(5) in subsection (b), by striking ‘‘Beginning
‘‘(i) for fiscal year 2023, by $44,386,150; and (E) in subparagraph (K), by striking ‘‘or pre-
with fiscal year 2018, not’’ and inserting ‘‘Not’’;
‘‘(ii) for each of fiscal years 2024 through 2027, market notification submissions’’ and inserting
(6) in subsection (c), by striking ‘‘Beginning
by the amount set forth in clauses (i) through ‘‘premarket notification submissions, or de novo
with fiscal year 2018, for’’ and inserting ‘‘For’’;
(iv) of subparagraph (B), as applicable, multi- classification requests’’; and
and (2) in paragraph (11), by striking ‘‘2016’’ and
plied by the Consumer Price Index for urban (7) in subsection (f)—
consumers (Washington-Arlington-Alexandria, inserting ‘‘2021’’.
(A) in paragraph (1), in the matter preceding
DC–VA–MD–WV; Not Seasonally Adjusted; All SEC. 2003. AUTHORITY TO ASSESS AND USE DE-
subparagraph (A), by striking ‘‘fiscal year 2022’’ VICE FEES.
Items; Annual Index) for the most recent year of and inserting ‘‘fiscal year 2027’’; and
available data, divided by such Index for 2021. (a) TYPES OF FEES.—Section 738(a) of the Fed-
(B) in paragraph (5), by striking ‘‘January 15,
eral Food, Drug, and Cosmetic Act (21 U.S.C.
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‘‘(B) APPLICABLE AMOUNTS.—The amounts re- 2022’’ and inserting ‘‘January 15, 2027’’.
ferred to in subparagraph (A)(ii) are the fol- 379j(a)) is amended—
SEC. 1005. SUNSET DATES. (1) in paragraph (1), by striking ‘‘fiscal year
lowing:
‘‘(i) For fiscal year 2024, $60,967,993. (a) AUTHORIZATION.—Sections 735 and 736 of 2018’’ and inserting ‘‘fiscal year 2023’’; and
‘‘(ii) For fiscal year 2025, $35,799,314. the Federal Food, Drug, and Cosmetic Act (21 (2) in paragraph (2)—
‘‘(iii) For fiscal year 2026, $35,799, 314. U.S.C. 379g; 379h) shall cease to be effective Oc- (A) in subparagraph (A)—
‘‘(iv) For fiscal year 2027, $35,799,314.’’. tober 1, 2027. (i) in the matter preceding clause (i), by strik-
(6) ANNUAL FEE SETTING.—Paragraph (6), as (b) REPORTING REQUIREMENTS.—Section 736B ing ‘‘October 1, 2017’’ and inserting ‘‘October 1,
redesignated, of section 736(c) of the Federal of the Federal Food, Drug, and Cosmetic Act (21 2022’’;
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H8340 CONGRESSIONAL RECORD — HOUSE September 30, 2022
(ii) in clause (iii), by striking ‘‘75 percent’’ (C) in subparagraph (C), by striking ‘‘or peri- (1) in paragraph (1), by striking ‘‘2018
and inserting ‘‘80 percent’’; and odic reporting concerning a class III device’’ through 2022’’ and inserting ‘‘2023 through
(iii) in clause (viii), by striking ‘‘3.4 percent’’ and inserting ‘‘periodic reporting concerning a 2027’’;
and inserting ‘‘4.5 percent’’; class III device, or de novo classification re- (2) by amending paragraph (2) to read as fol-
(B) in subparagraph (B)(iii), by striking ‘‘or quest’’. lows:
premarket notification submission’’ and insert- (b) FEE AMOUNTS.—Section 738(b) of the Fed- ‘‘(2) BASE FEE AMOUNTS SPECIFIED.—For pur-
ing ‘‘premarket notification submission, or de eral Food, Drug, and Cosmetic Act (21 U.S.C. poses of paragraph (1), the base fee amounts
novo classification request’’; and 379j(b)) is amended— specified in this paragraph are as follows:
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 fol- ‘‘(II) the applicable inflation adjustment Decision goal shall be based on data available
lows: under paragraph (2)(B) for such fiscal year. as of—
‘‘(3) TOTAL REVENUE AMOUNTS SPECIFIED.— ‘‘(B) AMOUNTS.— ‘‘(I) for fiscal year 2023, March 31, 2025; and
For purposes of paragraph (1), the total revenue ‘‘(i) PRESUBMISSION AMOUNT.—For purposes of ‘‘(II) for fiscal year 2024, March 31, 2026.
amounts specified in this paragraph are as fol- subparagraph (A), with respect to the Pre- ‘‘(D) GOALS DEFINED.—For purposes of this
lows: submission Written Feedback goal, the amounts paragraph, the terms ‘Presubmission Written
‘‘(A) $312,606,000 for fiscal year 2023. determined under this subparagraph are as fol- Feedback goal’, ‘De Novo Decision goal’, ‘510(k)
‘‘(B) $335,750,000 for fiscal year 2024. lows: decision goal’, ‘510(k) Shared Outcome Total
‘‘(C) $350,746,400 for fiscal year 2025. ‘‘(I) For fiscal year 2025, $15,396,600 if such Time to Decision goal’, ‘PMA decision goal’,
‘‘(D) $366,486,300 for fiscal year 2026. goal for fiscal year 2023 is met. and ‘PMA Shared Outcome Total Time to Deci-
‘‘(E) $418,343,000 for fiscal year 2027.’’. ‘‘(II) For fiscal year 2026: sion goal’ refer to the goals identified by the
(c) ANNUAL FEE SETTING; ADJUSTMENTS.—Sec- ‘‘(aa) $15,396,600 if such goal for fiscal year same names in the letters described in section
tion 738(c) of the Federal Food, Drug, and Cos- 2023 is met and such goal for fiscal year 2024 is 2001(b) of the Medical Device User Fee Amend-
metic Act (21 U.S.C. 379j(c)) is amended— not met. ments of 2022.
(1) in paragraph (1), by striking ‘‘2017’’ and ‘‘(bb) $36,792,200 if such goal for fiscal year ‘‘(5) HIRING ADJUSTMENT.—
inserting ‘‘2022’’; 2024 is met. ‘‘(A) IN GENERAL.—For each of fiscal years
(2) in paragraph (2)— ‘‘(III) For fiscal year 2027: 2025 through 2027, after the adjustments under
(A) in subparagraph (A), by striking ‘‘2018’’ ‘‘(aa) $15,396,600 if such goal for fiscal year paragraphs (2), (3), and (4), if applicable, if the
and inserting ‘‘2023’’; 2023 is met and such goal for each of fiscal years number of hires to support the process for the
(B) in subparagraph (B)— 2024 and 2025 is not met. review of device applications falls below the
(i) in the matter preceding clause (i), by strik- ‘‘(bb) $36,792,200 if such goal for fiscal year thresholds specified in subparagraph (B) for the
ing ‘‘fiscal year 2018’’ and inserting ‘‘fiscal year 2024 is met and such goal for fiscal year 2025 is applicable fiscal years, the base establishment
2023’’; and not met. registration fee amounts shall be decreased as
(ii) in clause (ii), by striking ‘‘fiscal year ‘‘(cc) $40,572,600 if such goal for fiscal year the Secretary determines necessary to achieve a
2016’’ and inserting ‘‘fiscal year 2022’’; 2025 is met. reduction in total fee collections equal to the
(C) in subparagraph (C), by striking ‘‘Wash- ‘‘(ii) DE NOVO CLASSIFICATION REQUEST hiring adjustment amount under subparagraph
ington-Baltimore, DC–MD–VA–WV’’ and insert- AMOUNT.—For purposes of subparagraph (A), (C).
ing ‘‘Washington-Arlington-Alexandria, DC– with respect to the De Novo Decision goal, the ‘‘(B) THRESHOLDS.—The thresholds specified
VA–MD–WV’’; and amounts determined under this subparagraph in this subparagraph are as follows:
(D) in subparagraph (D), in the matter pre- are as follows: ‘‘(i) For fiscal year 2025, the threshold is 123
ceding clause (i), by striking ‘‘fiscal years 2018 ‘‘(I) For fiscal year 2026, $6,323,500 if such hires for fiscal year 2023.
through 2022’’ and inserting ‘‘fiscal years 2023 goal for fiscal year 2023 is met. ‘‘(ii) For fiscal year 2026, the threshold is 38
through 2027’’; ‘‘(II) For fiscal year 2027: hires for fiscal year 2024.
(3) in paragraph (3), by striking ‘‘2018 ‘‘(aa) $6,323,500 if such goal for fiscal year ‘‘(iii) For fiscal year 2027, the threshold is—
through 2022’’ and inserting ‘‘2023 through 2023 is met and such goal for fiscal year 2024 is ‘‘(I) 22 hires for fiscal year 2025 if the base es-
2027’’; not met. tablishment registration fees are not increased
(4) by redesignating paragraphs (4) and (5) as ‘‘(bb) $11,765,400 if such goal for fiscal year by the amount determined under paragraph
paragraphs (7) and (8), respectively; and 2024 is met. (4)(A)(i); or
(5) by inserting after paragraph (3) the fol- ‘‘(iii) PREMARKET NOTIFICATION AND PRE- ‘‘(II) 75 hires for fiscal year 2025 if such fees
lowing: MARKET APPROVAL AMOUNT.—For purposes of are so increased.
‘‘(4) PERFORMANCE IMPROVEMENT ADJUST- subparagraph (A), with respect to the 510(k) de- ‘‘(C) HIRING ADJUSTMENT AMOUNT.—The hir-
MENT.— cision goal, 510(k) Shared Outcome Total Time ing adjustment amount for fiscal year 2025 and
‘‘(A) IN GENERAL.—For each of fiscal years to Decision goal, PMA decision goal, and PMA each subsequent fiscal year is the product of—
2025 through 2027, after the adjustments under Shared Outcome Total Time to Decision goal, ‘‘(i) the number of hires by which the hiring
paragraphs (2) and (3), the base establishment the amounts determined under this subpara- goal specified in subparagraph (D) for the fiscal
registration fee amounts for such fiscal year graph are as follows: year before the prior fiscal year was not met;
shall be increased to reflect changes in the re- ‘‘(I) For fiscal year 2026, $1,020,000 if the 4 ‘‘(ii) $72,877; and
source needs of the Secretary due to improved goals for fiscal year 2023 are met. ‘‘(iii) the applicable inflation adjustment
review performance goals for the process for the ‘‘(II) For fiscal year 2027: under paragraph (2)(B) for the fiscal year for
review of device applications identified in the ‘‘(aa) $1,020,000 if the 4 goals for fiscal year which the hiring goal was not met.
letters described in section 2001(b) of the Med- 2023 are met and one or more of the 4 goals for ‘‘(D) HIRING GOALS.—The hiring goals for
ical Device User Fee Amendments of 2022, as the fiscal year 2024 are not met. each of fiscal years 2023 through 2025 are as fol-
Secretary determines necessary to achieve an in- ‘‘(bb) $3,906,000 if the 4 goals for fiscal year lows:
crease in total fee collections for such fiscal year 2024 are met. ‘‘(i) For fiscal year 2023, 144 hires.
equal to the following amounts, as applicable: ‘‘(C) PERFORMANCE CALCULATION.—For pur- ‘‘(ii) For fiscal year 2024, 42 hires.
‘‘(i) For fiscal year 2025, the product of— poses of this paragraph, performance of the fol- ‘‘(iii) For fiscal year 2025:
‘‘(I) the amount determined under subpara- lowing goals shall be determined as specified in ‘‘(I) 24 hires if the base establishment registra-
graph (B)(i)(I); and the letters described in section 2001(b) of the tion fees are not increased by the amount deter-
‘‘(II) the applicable inflation adjustment Medical Device User Fee Amendments of 2022 mined under paragraph (4)(A)(i).
under paragraph (2)(B) for such fiscal year. and based on data available, as follows: ‘‘(II) 83 hires if the base establishment reg-
‘‘(ii) For fiscal year 2026, the product of— ‘‘(i) The performance of the Presubmission istration fees are increased by the amount deter-
‘‘(I) the sum of the amounts determined under Written Feedback goal shall be based on data mined under paragraph (4)(A)(i).
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subparagraphs (B)(i)(II), (B)(ii)(I), and available as of— ‘‘(E) NUMBER OF HIRES.—For purposes of this
(B)(iii)(I); and ‘‘(I) for fiscal year 2023, March 31, 2024; paragraph, the number of hires for a fiscal year
‘‘(II) the applicable inflation adjustment ‘‘(II) for fiscal year 2024, March 31, 2025; and shall be determined by the Secretary as set forth
under paragraph (2)(B) for such fiscal year. ‘‘(III) for fiscal year 2025, March 31, 2026. in the letters described in section 2001(b) of the
‘‘(iii) For fiscal year 2027, the product of— ‘‘(ii) The performance of the De Novo Decision Medical Device User Fee Amendments of 2022.
‘‘(I) the sum of the amounts determined under goal, 510(k) decision goal, 510(k) Shared Out- ‘‘(6) OPERATING RESERVE ADJUSTMENT.—
subparagraphs (B)(i)(III), (B)(ii)(II), and come Total Time to Decision goal, PMA decision ‘‘(A) IN GENERAL.—For each of fiscal years
(B)(iii)(II); and goal, and PMA Shared Outcome Total Time to 2023 through 2027, after the adjustments under
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8341
paragraphs (2), (3), (4), and (5), if applicable, if SEC. 2005. CONFORMITY ASSESSMENT PILOT PRO- SEC. 2009. SAVINGS CLAUSE.
the Secretary has operating reserves of carry- GRAM. Notwithstanding the amendments made by
over user fees for the process for the review of Section 514(d) of the Federal Food, Drug, and this title, part 3 of subchapter C of chapter VII
device applications in excess of the designated Cosmetic Act (21 U.S.C. 360d(d)) is amended to of the Federal Food, Drug, and Cosmetic Act (21
amount in subparagraph (B), the Secretary read as follows: U.S.C. 379i et seq.), as in effect on the day be-
shall decrease the base establishment registra- ‘‘(d) ACCREDITATION SCHEME FOR CONFORMITY fore the date of the enactment of this title, shall
tion fee amounts to provide for not more than ASSESSMENT.— continue to be in effect with respect to the sub-
such designated amount of operating reserves. ‘‘(1) IN GENERAL.—The Secretary shall estab- missions listed in section 738(a)(2)(A) of such
‘‘(B) DESIGNATED AMOUNT.—Subject to sub- lish a program under which— Act (as defined in such part as of such day)
paragraph (C), for each fiscal year, the des- ‘‘(A) testing laboratories meeting criteria spec- that on or after October 1, 2017, but before Octo-
ignated amount in this subparagraph is equal to ified in guidance by the Secretary may be ac- ber 1, 2022, were received by the Food and Drug
the sum of— credited, by accreditation bodies meeting criteria Administration with respect to assessing and
‘‘(i) 13 weeks of operating reserves of carry- specified in guidance by the Secretary, to con- collecting any fee required by such part for a
over user fees; and duct testing to support the assessment of the fiscal year prior to fiscal year 2023.
‘‘(ii) 1 month of operating reserves maintained conformity of a device to certain standards rec- TITLE III—FEES RELATING TO GENERIC
pursuant to paragraph (8). ognized under this section; and DRUGS
‘‘(C) EXCLUDED AMOUNT.—For the period of ‘‘(B) subject to paragraph (2), results from SEC. 3001. SHORT TITLE; FINDING.
fiscal years 2023 through 2026, a total amount tests conducted to support the assessment of (a) SHORT TITLE.—This title may be cited as
equal to $118,000,000 shall not be considered part conformity of devices as described in subpara- the ‘‘Generic Drug User Fee Amendments of
of the designated amount under subparagraph graph (A) conducted by testing laboratories ac- 2022’’.
(B) and shall not be subject to the decrease credited pursuant to this subsection shall be ac- (b) FINDING.—Congress finds that the fees au-
under subparagraph (A).’’. cepted by the Secretary for purposes of dem- thorized by the amendments made by this title
(d) CONDITIONS.—Section 738(g) of the Federal onstrating such conformity unless the Secretary will be dedicated to human generic drug activi-
Food, Drug, and Cosmetic Act (21 U.S.C. 379j(g)) finds that certain results of such tests should ties, as set forth in the goals identified for pur-
is amended— not be so accepted. poses of part 7 of subchapter C of chapter VII
(1) in paragraph (1)(A), by striking ‘‘(2) SECRETARIAL REVIEW OF ACCREDITED LAB- of the Federal Food, Drug, and Cosmetic Act (21
‘‘$320,825,000’’ and inserting ‘‘$398,566,000’’; and ORATORY RESULTS.—The Secretary may— U.S.C. 379j–41 et seq.), in the letters from the
(2) in paragraph (2), by inserting ‘‘de novo ‘‘(A) review the results of tests conducted by Secretary of Health and Human Services to the
classification requests,’’ after ‘‘class III de- testing laboratories accredited pursuant to this Chairman of the Committee on Health, Edu-
vice,’’. subsection, including by conducting periodic au- cation, Labor, and Pensions of the Senate and
(e) CREDITING AND AVAILABILITY OF FEES.— dits of such results or of the processes of accred- the Chairman of the Committee on Energy and
Section 738(h)(3) of the Federal Food, Drug, and ited bodies or testing laboratories; Commerce of the House of Representatives, as
Cosmetic Act (21 U.S.C. 379j(h)(3)) is amended to ‘‘(B) following such review, take additional set forth in the Congressional Record.
read as follows: measures under this Act, as the Secretary deter- SEC. 3002. AUTHORITY TO ASSESS AND USE
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— mines appropriate, such as— HUMAN GENERIC DRUG FEES.
‘‘(A) IN GENERAL.—For each of fiscal years ‘‘(i) suspension or withdrawal of accreditation (a) TYPES OF FEES.—Section 744B(a) of the
2023 through 2027, there is authorized to be ap- of a testing laboratory or recognition of an ac- Federal Food, Drug, and Cosmetic Act (21
propriated for fees under this section an amount creditation body under paragraph (1)(A); or U.S.C. 379j–42(a)) is amended—
equal to the revenue amount determined under ‘‘(ii) requesting additional information with (1) in the matter preceding paragraph (1), by
subparagraph (B), less the amount of reductions respect to a device; and striking ‘‘2018’’ and inserting ‘‘2023’’;
determined under subparagraph (C). ‘‘(C) if the Secretary becomes aware of infor- (2) in paragraph (2)(C), by striking ‘‘2018
‘‘(B) REVENUE AMOUNT.—For purposes of this mation materially bearing on the safety or effec- through 2022’’ and inserting ‘‘2023 through
paragraph, the revenue amount for each fiscal tiveness of a device for which an assessment of 2027’’;
year is the sum of— conformity was supported by testing conducted (3) in paragraph (3)(B), by striking ‘‘2018
‘‘(i) the total revenue amount under sub- by a testing laboratory accredited under this through 2022’’ and inserting ‘‘2023 through
section (b)(3) for the fiscal year, as adjusted subsection, take such additional measures under 2027’’;
under paragraphs (2) and (3) of subsection (c); this Act, as the Secretary determines appro- (4) in paragraph (4)(D), by striking ‘‘2018
and priate, such as— through 2022’’ and inserting ‘‘2023 through
‘‘(ii) the performance improvement adjustment ‘‘(i) suspension or withdrawal of accreditation 2027’’; and
amount for the fiscal year under subsection of a testing laboratory or recognition of an ac- (5) in paragraph (5)(D), by striking ‘‘2018
(c)(4), if applicable. creditation body under paragraph (1)(A); or through 2022’’ and inserting ‘‘2023 through
‘‘(C) AMOUNT OF REDUCTIONS.—For purposes ‘‘(ii) requesting additional information with 2027’’.
of this paragraph, the amount of reductions for regard to such device. (b) FEE REVENUE AMOUNTS.—Section 744B(b)
each fiscal year is the sum of— ‘‘(3) REPORT.—The Secretary shall make of the Federal Food, Drug, and Cosmetic Act (21
‘‘(i) the hiring adjustment amount for the fis- available on the internet website of the Food U.S.C. 379j–42(b)) is amended—
cal year under subsection (c)(5), if applicable; and Drug Administration an annual report on (1) in paragraph (1)—
and (A) in subparagraph (A)—
the progress of the program under this sub-
‘‘(ii) the operating reserve adjustment amount (i) in the heading, by striking ‘‘2018’’ and in-
section.’’.
for the fiscal year under subsection (c)(6), if ap- serting ‘‘2023’’;
SEC. 2006. REAUTHORIZATION OF THIRD-PARTY (ii) by striking ‘‘2018’’ and inserting ‘‘2023’’;
plicable.’’. REVIEW PROGRAM. and
SEC. 2004. REAUTHORIZATION; REPORTING RE- Section 523(c) of the Federal Food, Drug, and
QUIREMENTS.
(iii) by striking ‘‘$493,600,000’’ and inserting
Cosmetic Act (21 U.S.C. 360m(c)) is amended by ‘‘$582,500,000’’; and
(a) PERFORMANCE REPORTS.—Section 738A(a) striking ‘‘October 1’’ and inserting ‘‘December (B) by amending subparagraph (B) to read as
of the Federal Food, Drug, and Cosmetic Act (21 17’’. follows:
U.S.C. 379j–1(a)) is amended— SEC. 2007. SUNSET DATES. ‘‘(B) FISCAL YEARS 2024 THROUGH 2027.—
(1) by striking ‘‘fiscal year 2018’’ each place it ‘‘(i) IN GENERAL.—For each of the fiscal years
appears and inserting ‘‘fiscal year 2023’’; (a) AUTHORIZATION.—Sections 737 and 738 of
the Federal Food, Drug, and Cosmetic Act (21 2024 through 2027, fees under paragraphs (2)
(2) by striking ‘‘Medical Device User Fee through (5) of subsection (a) shall be established
Amendments of 2017’’ each place it appears and U.S.C. 379i; 379j) shall cease to be effective Octo-
ber 1, 2027. to generate a total estimated revenue amount
inserting ‘‘Medical Device User Fee Amendments under such subsection that is equal to the base
of 2022’’; (b) REPORTING REQUIREMENTS.—Section 738A
of the Federal Food, Drug, and Cosmetic Act (21 revenue amount for the fiscal year under clause
(3) in paragraph (1)— (ii), as adjusted pursuant to subsection (c).
(A) in subparagraph (A), by redesignating the U.S.C. 379j–1) shall cease to be effective January
31, 2028. ‘‘(ii) BASE REVENUE AMOUNT.—The base rev-
second clause (iv) (relating to analysis) as enue amount for a fiscal year referred to in
clause (v); and (c) PREVIOUS SUNSET PROVISIONS.—Effective
October 1, 2022, subsections (a) and (b) of sec- clause (i) is equal to the total revenue amount
(B) in subparagraph (A)(iv), by striking ‘‘fis- established under this paragraph for the pre-
cal year 2020’’ and inserting ‘‘fiscal year 2023’’; tion 210 of the FDA Reauthorization Act of 2017
(Public Law 115–52) are repealed. vious fiscal year, not including any adjustments
and made for such previous fiscal year under sub-
(4) in paragraph (4), by striking ‘‘2018 SEC. 2008. EFFECTIVE DATE.
section (c)(3).’’; and
through 2022’’ and inserting ‘‘2023 through The amendments made by this title shall take (2) in paragraph (2)—
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2027’’. effect on October 1, 2022, or the date of the en- (A) in subparagraph (C), by striking ‘‘one-
(b) REAUTHORIZATION.—Section 738A(b) of the actment of this Act, whichever is later, except third the amount’’ and inserting ‘‘twenty-four
Federal Food, Drug, and Cosmetic Act (21 that fees under part 3 of subchapter C of chap- percent’’;
U.S.C. 379j–1(b)) is amended— ter VII of the Federal Food, Drug, and Cosmetic (B) in subparagraph (D), by striking ‘‘Seven
(1) in paragraph (1), by striking ‘‘2022’’ and Act (21 U.S.C. 379i et seq.) shall be assessed for percent’’ and inserting ‘‘Six percent’’; and
inserting ‘‘2027’’; and all submissions listed in section 738(a)(2)(A) of (C) in subparagraph (E)(i), by striking ‘‘Thir-
(2) in paragraph (5), by striking ‘‘2022’’ and such Act received on or after October 1, 2022, re- ty-five percent’’ and inserting ‘‘Thirty-six per-
inserting ‘‘2027’’. gardless of the date of the enactment of this Act. cent’’.
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H8342 CONGRESSIONAL RECORD — HOUSE September 30, 2022
(c) ADJUSTMENTS.—Section 744B(c) of the Fed- period from April 1, 2023, through March 31, (3) in subsection (a)(2), by striking ‘‘Not later
eral Food, Drug, and Cosmetic Act (21 U.S.C. 2025— than 30 calendar days after the end of the sec-
379j–42(c)) is amended— ‘‘(aa) the total number of abbreviated new ond quarter of fiscal year 2018, and not later
(1) in paragraph (1)— drug applications submitted was greater than or than 30 calendar days after the end of each
(A) in the matter preceding subparagraph equal to 2,300; or quarter of each fiscal year thereafter’’ and in-
(A)— ‘‘(bb) thirty-five percent or more of abbre- serting ‘‘Not later than 30 calendar days after
(i) by striking ‘‘2019’’ and inserting ‘‘2024’’; viated new drug applications submitted related the end of each quarter of each fiscal year for
and to complex products (as so defined); and which fees are collected under this part’’;
(ii) by striking ‘‘to equal the product of the ‘‘(IV) for purposes of a fiscal year 2027 adjust- (4) in subsection (a)(3), by striking ‘‘Begin-
total revenues established in such notice for the ment, the Secretary determines that during the ning with fiscal year 2020, the’’ and inserting
prior fiscal year multiplied’’ and inserting ‘‘to period from April 1, 2024, through March 31, ‘‘The’’;
equal the base revenue amount for the fiscal 2026— (5) in subsection (b), by striking ‘‘Beginning
year (as specified in subsection (b)(1)(B)(ii)) ‘‘(aa) the total number of abbreviated new with fiscal year 2018, not’’ and inserting ‘‘Not’’;
multiplied’’; and drug applications submitted was greater than or (6) in subsection (c), by striking ‘‘Beginning
(B) in subparagraph (C), by striking ‘‘Wash- equal to 2,300; or with fiscal year 2018, for’’ and inserting ‘‘For’’;
ington-Baltimore, DC–MD–VA–WV’’ and insert- ‘‘(bb) thirty-five percent or more of abbre- and
ing ‘‘Washington-Arlington-Alexandria, DC– viated new drug applications submitted related (7) in subsection (f)—
VA–MD–WV’’; and to complex products (as so defined). (A) in paragraph (1), in the matter preceding
(2) by striking paragraph (2) and inserting the ‘‘(D) PUBLICATION IN FEDERAL REGISTER.—The subparagraph (A), by striking ‘‘fiscal year 2022’’
following: Secretary shall publish in the Federal Register and inserting ‘‘fiscal year 2027’’; and
‘‘(2) CAPACITY PLANNING ADJUSTMENT.— notice referred to in subsection (a) the fee rev- (B) in paragraph (5), by striking ‘‘January 15,
‘‘(A) IN GENERAL.—Beginning with fiscal year 2022’’ and inserting ‘‘January 15, 2027’’.
enue and fees resulting from the adjustment and
2024, the Secretary shall, in addition to the ad- SEC. 3004. SUNSET DATES.
the methodology under this paragraph.
justment under paragraph (1), further increase ‘‘(3) OPERATING RESERVE ADJUSTMENT.— (a) AUTHORIZATION.—Sections 744A and 744B
the fee revenue and fees under this section for ‘‘(A) IN GENERAL.—For fiscal year 2024 and of the Federal Food, Drug, and Cosmetic Act (21
a fiscal year, in accordance with this para- each subsequent fiscal year, the Secretary may, U.S.C. 379j–41; 379j–42) shall cease to be effective
graph, to reflect changes in the resource capac- in addition to adjustments under paragraphs (1) October 1, 2027.
ity needs of the Secretary for human generic and (2), further increase the fee revenue and (b) REPORTING REQUIREMENTS.—Section 744C
drug activities. fees under this section for such fiscal year if of the Federal Food, Drug, and Cosmetic Act (21
‘‘(B) CAPACITY PLANNING METHODOLOGY.—The U.S.C. 379j–43) shall cease to be effective Janu-
such an adjustment is necessary to provide oper-
Secretary shall establish a capacity planning ary 31, 2028.
ating reserves of carryover user fees for human
methodology for purposes of this paragraph, (c) PREVIOUS SUNSET PROVISION.—Effective
generic drug activities for not more than the
which shall— October 1, 2022, subsections (a) and (b) of sec-
‘‘(i) be derived from the methodology and rec- number of weeks specified in subparagraph (B)
with respect to that fiscal year. tion 305 of the FDA Reauthorization Act of 2017
ommendations made in the report titled ‘Inde- (Public Law 115–52) are repealed.
‘‘(B) NUMBER OF WEEKS.—The number of
pendent Evaluation of the GDUFA Resource SEC. 3005. EFFECTIVE DATE.
weeks specified in this subparagraph is—
Capacity Planning Adjustment Methodology:
‘‘(i) 8 weeks for fiscal year 2024; The amendments made by this title shall take
Evaluation and Recommendations’ announced
‘‘(ii) 9 weeks for fiscal year 2025; and effect on October 1, 2022, or the date of the en-
in the Federal Register on August 3, 2020 (85 ‘‘(iii) 10 weeks for each of fiscal year 2026 and actment of this Act, whichever is later, except
Fed. Reg. 46658); and 2027.
‘‘(ii) incorporate approaches and attributes that fees under part 7 of subchapter C of chap-
‘‘(C) DECREASE.—If the Secretary has carry- ter VII of the Federal Food, Drug, and Cosmetic
determined appropriate by the Secretary, in-
over balances for human generic drug activities Act (21 U.S.C. 379j–41 et seq.) shall be assessed
cluding approaches and attributes made in such
in excess of 12 weeks of the operating reserves for all abbreviated new drug applications re-
report, except that in incorporating such ap-
referred to in subparagraph (A), the Secretary ceived on or after October 1, 2022, regardless of
proaches and attributes the workload categories
shall decrease the fee revenue and fees referred the date of the enactment of this Act.
used in forecasting resources shall only be the
to in such subparagraph to provide for not more SEC. 3006. SAVINGS CLAUSE.
workload categories specified in section
than 12 weeks of such operating reserves. Notwithstanding the amendments made by
VIII.B.2.e. of the letters described in section ‘‘(D) RATIONALE FOR ADJUSTMENT.—If an ad-
3001(b) of the Generic Drug User Fee Amend- this title, part 7 of subchapter C of chapter VII
justment under this paragraph is made, the ra- of the Federal Food, Drug, and Cosmetic Act (21
ments of 2022. tionale for the amount of the increase or de-
‘‘(C) LIMITATIONS.— U.S.C. 379j–41 et seq.), as in effect on the day
‘‘(i) IN GENERAL.—Under no circumstances crease (as applicable) in fee revenue and fees before the date of the enactment of this title,
shall an adjustment under this paragraph result shall be contained in the annual Federal Reg- shall continue to be in effect with respect to ab-
in fee revenue for a fiscal year that is less than ister notice under subsection (a) publishing the breviated new drug applications (as defined in
the sum of the amounts under subsection fee revenue and fees for the fiscal year in- such part as of such day) that were received by
(b)(1)(B)(ii) (the base revenue amount for the volved.’’. the Food and Drug Administration within the
fiscal year) and paragraph (1) (the dollar (d) ANNUAL FEE SETTING.—Section 744B(d)(1) meaning of section 505(j)(5)(A) of such Act (21
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(A)), prior approval supplements
amount of the inflation adjustment for the fiscal
U.S.C. 379j–42(d)(1)) is amended— that were submitted, and drug master files for
year).
‘‘(ii) ADDITIONAL LIMITATION.—An adjustment (1) in the paragraph heading, by striking ‘‘2018 Type II active pharmaceutical ingredients that
THROUGH 2022’’ and inserting ‘‘2023 THROUGH were first referenced on or after October 1, 2017,
under this paragraph shall not exceed 3 percent
2027’’; and but before October 1, 2022, with respect to as-
of the sum described in clause (i) for the fiscal
year, except that such limitation shall be 4 per- (2) by striking ‘‘more than 60 days before the sessing and collecting any fee required by such
cent if— first day of each of fiscal years 2018 through part for a fiscal year prior to fiscal year 2023.
‘‘(I) for purposes of a fiscal year 2024 adjust- 2022’’ and inserting ‘‘later than 60 days before
the first day of each of fiscal years 2023 through TITLE IV—FEES RELATING TO BIOSIMILAR
ment, the Secretary determines that during the BIOLOGICAL PRODUCTS
period from April 1, 2021, through March 31, 2027’’.
(e) EFFECT OF FAILURE TO PAY FEES.—The SEC. 4001. SHORT TITLE; FINDING.
2023—
heading of paragraph (3) of section 744B(g) of (a) SHORT TITLE.—This title may be cited as
‘‘(aa) the total number of abbreviated new
the Federal Food, Drug, and Cosmetic Act (21 the ‘‘Biosimilar User Fee Amendments of 2022’’.
drug applications submitted was greater than or
U.S.C. 379j–42(g)) is amended by striking ‘‘AND (b) FINDING.—Congress finds that the fees au-
equal to 2,000; or
‘‘(bb) thirty-five percent or more of abbre- PRIOR APPROVAL SUPPLEMENT FEE’’. thorized by the amendments made by this title
viated new drug applications submitted related (f) CREDITING AND AVAILABILITY OF FEES.— will be dedicated to expediting the process for
to complex products (as that term is defined in Section 744B(i)(3) of the Federal Food, Drug, the review of biosimilar biological product appli-
section XI of the letters described in section and Cosmetic Act (21 U.S.C. 379j–42(i)(3)) is cations, including postmarket safety activities,
3001(b) of the Generic Drug User Fee Amend- amended by striking ‘‘fiscal years 2018 through as set forth in the goals identified for purposes
ments of 2022); 2022’’ and inserting ‘‘fiscal years 2023 through of part 8 of subchapter C of chapter VII of the
‘‘(II) for purposes of a fiscal year 2025 adjust- 2027’’. Federal Food, Drug, and Cosmetic Act (21
ment, the Secretary determines that during the SEC. 3003. REAUTHORIZATION; REPORTING RE- U.S.C. 379j–51 et seq.), in the letters from the
period from April 1, 2022, through March 31, QUIREMENTS. Secretary of Health and Human Services to the
2024— Section 744C of the Federal Food, Drug, and Chairman of the Committee on Health, Edu-
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‘‘(aa) the total number of abbreviated new Cosmetic Act (21 U.S.C. 379j–43) is amended— cation, Labor, and Pensions of the Senate and
drug applications submitted was greater than or (1) in subsection (a)(1), by striking ‘‘Begin- the Chairman of the Committee on Energy and
equal to 2,300; or ning with fiscal year 2018, not’’ and inserting Commerce of the House of Representatives, as
‘‘(bb) thirty-five percent or more of abbre- ‘‘Not’’; set forth in the Congressional Record.
viated new drug applications submitted related (2) by striking ‘‘Generic Drug User Fee SEC. 4002. DEFINITIONS.
to complex products (as so defined); Amendments of 2017’’ each place it appears and (a) ADJUSTMENT FACTOR.—Section 744G(1) of
‘‘(III) for purposes of a fiscal year 2026 adjust- inserting ‘‘Generic Drug User Fee Amendments the Federal Food, Drug, and Cosmetic Act (21
ment, the Secretary determines that during the of 2022’’; U.S.C. 379j–51(1)) is amended to read as follows:
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8343
‘‘(1) The term ‘adjustment factor’ applicable ‘‘(ii) APPLICATION OF ANNUAL FEE.—A person product shall pay the annual biosimilar biologi-
to a fiscal year is the Consumer Price Index for that pays a reactivation fee for a product shall cal product program fee established for a fiscal
urban consumers (Washington-Arlington-Alex- pay for such product, beginning in the next fis- year under subsection (c)(5) for such biosimilar
andria, DC–VA–MD–WV; Not Seasonally Ad- cal year, the annual biosimilar biological prod- biological product. Notwithstanding subpara-
justed; All items) for September of the preceding uct development fee under subparagraph (B), graph (B), such fee shall be due on the last busi-
fiscal year divided by such Index for September except that, in the case that such product (in- ness day of such fiscal year and shall be paid
2011.’’. cluding, where applicable, ownership of the rel- only once for each such product for each fiscal
(b) BIOSIMILAR BIOLOGICAL PRODUCT APPLI- evant investigational new drug application) is year.’’.
CATION.—Section 744G(4)(B)(iii) of the Federal transferred to a licensee, assignee, or successor (8) BIOSIMILAR BIOLOGICAL PRODUCT FEE.—
Food, Drug, and Cosmetic Act (21 U.S.C. 379j– of such person, and written notice of such Section 744H(a) of the Federal Food, Drug, and
51(4)(B)(iii)) is amended— transfer is provided to the Secretary, such li- Cosmetic Act (21 U.S.C. 379j–52(a)) is amended
(1) by striking subclause (II) (relating to an censee, assignee, or successor shall pay the an- by striking paragraph (4).
allergenic extract product); and nual biosimilar biological product development (b) FEE REVENUE AMOUNTS.—Subsection (b) of
(2) by redesignating subclauses (III) and (IV) fee.’’. section 744H of the Federal Food, Drug, and
as subclauses (II) and (III), respectively. (5) EFFECT OF FAILURE TO PAY FEES.—Section Cosmetic Act (21 U.S.C. 379j–52) is amended—
SEC. 4003. AUTHORITY TO ASSESS AND USE BIO- 744H(a)(1)(E) of the Federal Food, Drug, and (1) by striking paragraph (1);
SIMILAR BIOLOGICAL PRODUCT Cosmetic Act (21 U.S.C. 379j–52(a)(1)(E)) is (2) by redesignating paragraphs (2) through
FEES. (4) as paragraphs (1) through (3), respectively;
amended by adding at the end the following:
(a) TYPES OF FEES.— ‘‘(v) ADMINISTRATIVE REMOVAL FROM THE BIO- (3) by amending paragraph (1) (as so redesig-
(1) IN GENERAL.—The matter preceding para- SIMILAR BIOLOGICAL PRODUCT DEVELOPMENT
nated) to read as follows:
graph (1) in section 744H(a) of the Federal ‘‘(1) IN GENERAL.—For each of the fiscal years
PROGRAM.—If a person has failed to pay an an-
Food, Drug, and Cosmetic Act (21 U.S.C. 379j– 2023 through 2027, fees under subsection (a)
nual biosimilar biological product development
52(a)) is amended by striking ‘‘fiscal year 2018’’ shall, except as provided in subsection (c), be es-
fee for a product as required under subpara-
and inserting ‘‘fiscal year 2023’’. tablished to generate a total revenue amount
graph (B) for a period of 2 consecutive fiscal
(2) INITIAL BIOSIMILAR BIOLOGICAL PRODUCT equal to the sum of—
years, the Secretary may administratively re-
DEVELOPMENT FEE.—Clauses (iv)(I) and (v)(II) ‘‘(A) the annual base revenue for the fiscal
move such person from the biosimilar biological
of section 744H(a)(1)(A) of the Federal Food, year (as determined under paragraph (3));
product development program for the product. ‘‘(B) the dollar amount equal to the inflation
Drug, and Cosmetic Act (21 U.S.C. 379j–
At least 30 days prior to administratively remov- adjustment for the fiscal year (as determined
52(a)(1)(A)) are each amended by striking ‘‘5
ing a person from the biosimilar biological prod- under subsection (c)(1));
days’’ and inserting ‘‘7 days’’.
(3) ANNUAL BIOSIMILAR BIOLOGICAL PRODUCT uct development program for a product under ‘‘(C) the dollar amount equal to the strategic
DEVELOPMENT FEE.—Section 744H(a)(1)(B) of the
this clause, the Secretary shall provide written hiring and retention adjustment (as determined
Federal Food, Drug, and Cosmetic Act (21 notice to such person of the intended adminis- under subsection (c)(2));
U.S.C. 379j–52(a)(1)(B)) is amended— trative removal.’’. ‘‘(D) the dollar amount equal to the capacity
(A) in clause (i), by inserting before the period (6) BIOSIMILAR BIOLOGICAL PRODUCT APPLICA- planning adjustment for the fiscal year (as de-
at the end the following: ‘‘, except that, in the TION FEE.—Section 744H(a)(2)(D) of the Federal termined under subsection (c)(3));
case that such product (including, where appli- Food, Drug, and Cosmetic Act (21 U.S.C. 379j– ‘‘(E) the dollar amount equal to the operating
cable, ownership of the relevant investigational 52(a)(2)(D)) is amended by inserting after ‘‘or reserve adjustment for the fiscal year, if appli-
new drug application) is transferred to a li- was withdrawn’’ the following: ‘‘prior to ap- cable (as determined under subsection (c)(4));
censee, assignee, or successor of such person, proval’’. ‘‘(F) for fiscal year 2023 an additional amount
and written notice of such transfer is provided (7) BIOSIMILAR BIOLOGICAL PRODUCT PROGRAM of $4,428,886; and
FEE.—Section 744H(a)(3) of the Federal Food, ‘‘(G) for fiscal year 2024 an additional amount
to the Secretary, such licensee, assignee, or suc-
cessor shall pay the annual biosimilar biological Drug, and Cosmetic Act (21 U.S.C. 379j–52(a)(3)) of $320,569.’’;
is amended— (4) in paragraph (2) (as so redesignated)—
product development fee’’;
(A) in subparagraph (A)— (A) in the paragraph heading, by striking ‘‘;
(B) in clause (iii)—
(i) in clause (i), by striking ‘‘and’’ at the end; LIMITATIONS ON FEE AMOUNTS’’;
(i) in subclause (I), by striking ‘‘or’’ at the
(ii) by redesignating clause (ii) as clause (iii); (B) by striking subparagraph (B); and
end; (C) by redesignating subparagraphs (C) and
(ii) in subclause (II), by striking the period at and
(iii) by inserting after clause (i) the following: (D) as subparagraphs (B) and (C), respectively;
the end and inserting ‘‘; or’’; and
(iii) by adding at the end the following: ‘‘(ii) may be dispensed only under prescription and
‘‘(III) been administratively removed from the pursuant to section 503(b); and’’; and (5) by amending paragraph (3) (as so redesig-
biosimilar biological product development pro- (B) by adding at the end the following: nated) to read as follows:
‘‘(E) MOVEMENT TO DISCONTINUED LIST.— ‘‘(3) ANNUAL BASE REVENUE.—For purposes of
gram for the product under subparagraph
‘‘(i) DATE OF INCLUSION.—If a written request paragraph (1), the dollar amount of the annual
(E)(v).’’; and
(C) in clause (iv), by striking ‘‘is accepted for to place a product on the list referenced in sub- base revenue for a fiscal year shall be—
paragraph (A) of discontinued biosimilar bio- ‘‘(A) for fiscal year 2023, $43,376,922; and
filing on or after October 1 of such fiscal year’’ ‘‘(B) for fiscal years 2024 through 2027, the
and inserting ‘‘is subsequently accepted for fil- logical products is submitted to the Secretary on
behalf of an applicant, and the request identi- dollar amount of the total revenue amount es-
ing’’. tablished under paragraph (1) for the previous
(4) REACTIVATION FEE.—Section 744H(a)(1)(D) fies the date the product is, or will be, with-
drawn from sale, then for purposes of assessing fiscal year, excluding any adjustments to such
of the Federal Food, Drug, and Cosmetic Act (21
the biosimilar biological product program fee, revenue amount under subsection (c)(4).’’.
U.S.C. 379j–52(a)(1)(D)) is amended to read as
the Secretary shall consider such product to (c) ADJUSTMENTS; ANNUAL FEE SETTING.—Sec-
follows: tion 744H(c) of the Federal Food, Drug, and
‘‘(D) REACTIVATION FEE.— have been included on such list on the later of—
‘‘(i) IN GENERAL.—A person that has discon- ‘‘(I) the date such request was received; or Cosmetic Act (21 U.S.C. 379j–52(c)) is amended—
‘‘(II) if the product will be withdrawn from (1) in paragraph (1)—
tinued participation in the biosimilar biological
(A) in subparagraph (A)—
product development program for a product sale on a future date, such future date when the
(i) in the matter preceding clause (i), by strik-
under subparagraph (C), or who has been ad- product is withdrawn from sale.
ing ‘‘subsection (b)(2)(B)’’ and inserting ‘‘sub-
ministratively removed from such program for a ‘‘(ii) TREATMENT AS WITHDRAWN FROM SALE.—
section (b)(1)(B)’’; and
product under subparagraph (E)(v), shall, if the For purposes of clause (i), a product shall be (ii) in clause (i), by striking ‘‘subsection (b)’’
person seeks to resume participation in such considered withdrawn from sale once the appli- and inserting ‘‘subsection (b)(1)(A)’’; and
program, pay all annual biosimilar biological cant has ceased its own distribution of the prod- (B) in subparagraph (B)(ii), by striking
product development fees previously assessed for uct, whether or not the applicant has ordered ‘‘Washington-Baltimore, DC–MD–VA–WV’’ and
such product and still owed and a fee (referred recall of all previously distributed lots of the inserting ‘‘Washington-Arlington-Alexandria,
to in this section as ‘reactivation fee’) by the product, except that a routine, temporary inter- DC–VA–MD–WV’’;
earlier of the following: ruption in supply shall not render a product (2) by striking paragraphs (2) through (4) and
‘‘(I) Not later than 7 days after the Secretary withdrawn from sale. inserting the following:
grants a request by such person for a biosimilar ‘‘(iii) SPECIAL RULE FOR PRODUCTS REMOVED ‘‘(2) STRATEGIC HIRING AND RETENTION AD-
biological product development meeting for the FROM DISCONTINUED LIST.—If a biosimilar bio- JUSTMENT.—For each fiscal year, after the an-
product (after the date on which such participa- logical product that is identified in a biosimilar nual base revenue under subsection (b)(1)(A) is
tion was discontinued or the date of administra- biological product application approved as of adjusted for inflation in accordance with para-
tive removal, as applicable). October 1 of a fiscal year appears, as of October graph (1), the Secretary shall further increase
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‘‘(II) Upon the date of submission (after the 1 of such fiscal year, on the list referenced in the fee revenue and fees by $150,000.
date on which such participation was discon- subparagraph (A) of discontinued biosimilar bi- ‘‘(3) CAPACITY PLANNING ADJUSTMENT.—
tinued or the date of administrative removal, as ological products, and on any subsequent day ‘‘(A) IN GENERAL.—For each fiscal year, the
applicable) by such person of an investigational during such fiscal year the biosimilar biological Secretary shall, in addition to the adjustments
new drug application describing an investiga- product does not appear on such list, except as under paragraphs (1) and (2), further adjust the
tion that the Secretary determines is intended to provided in subparagraph (D), each person who fee revenue and fees under this section for a fis-
support a biosimilar biological product applica- is named as the applicant in a biosimilar bio- cal year to reflect changes in the resource ca-
tion for that product. logical product application with respect to such pacity needs of the Secretary for the process for
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H8344 CONGRESSIONAL RECORD — HOUSE September 30, 2022
the review of biosimilar biological product appli- (e) WRITTEN REQUESTS FOR WAIVERS AND RE- plements (as defined in such part as of such
cations. TURNS; DISPUTES CONCERNING FEES.—Section day) that were accepted by the Food and Drug
‘‘(B) METHODOLOGY.—For purposes of this 744H(h) of the Federal Food, Drug, and Cos- Administration for filing on or after October 1,
paragraph, the Secretary shall employ the ca- metic Act (21 U.S.C. 379j–52(h)) is amended to 2017, but before October 1, 2022, with respect to
pacity planning methodology utilized by the read as follows: assessing and collecting any fee required by
Secretary in setting fees for fiscal year 2021, as ‘‘(h) WRITTEN REQUESTS FOR WAIVERS AND such part for a fiscal year prior to fiscal year
described in the notice titled ‘Biosimilar User RETURNS; DISPUTES CONCERNING FEES.—To 2023.
Fee Rates for Fiscal Year 2021’ published in the qualify for consideration for a waiver under TITLE V—REAUTHORIZATION OF OTHER
Federal Register on August 4, 2020 (85 Fed. Reg. subsection (d), or for the return of any fee paid PROVISIONS
47220). The workload categories used in apply- under this section, including if the fee is claimed
ing such methodology in forecasting shall in- SEC. 5001. REAUTHORIZATION OF THE BEST
to have been paid in error, a person shall submit PHARMACEUTICALS FOR CHILDREN
clude only the activities described in that notice to the Secretary a written request justifying PROGRAM.
and, as feasible, additional activities that are such waiver or return and, except as otherwise
directly related to the direct review of biosimilar Section 409I(d)(1) of the Public Health Service
specified in this section, such written request Act (42 U.S.C. 284m(d)(1)) is amended by strik-
biological product applications and supple- shall be submitted to the Secretary not later
ments, including additional formal meeting ing ‘‘$25,000,000 for each of fiscal years 2018
than 180 days after such fee is due. A request through 2022’’ and inserting ‘‘$5,273,973 for the
types, the direct review of postmarketing com- submitted under this paragraph shall include
mitments and requirements, the direct review of period beginning on October 1, 2022 and ending
any legal authorities under which the request is on December 16, 2022’’.
risk evaluation and mitigation strategies, and made.’’.
the direct review of annual reports for approved SEC. 5002. REAUTHORIZATION OF THE HUMANI-
SEC. 4004. REAUTHORIZATION; REPORTING RE- TARIAN DEVICE EXEMPTION INCEN-
biosimilar biological products. Subject to the ex- QUIREMENTS. TIVE.
ceptions in the preceding sentence, the Secretary Section 744I of the Federal Food, Drug, and
shall not include as workload categories in ap- Section 520(m)(6)(A)(iv) of the Federal Food,
Cosmetic Act (21 U.S.C. 379j–53) is amended— Drug, and Cosmetic Act (21 U.S.C.
plying such methodology in forecasting any (1) in subsection (a)(1), by striking ‘‘Begin-
non-core review activities, including those ac- 360j(m)(6)(A)(iv)) is amended by striking ‘‘Octo-
ning with fiscal year 2018, not’’ and inserting ber 1’’ and inserting ‘‘December 17’’.
tivities that the Secretary referenced for poten- ‘‘Not’’;
tial future use in such notice but did not utilize SEC. 5003. REAUTHORIZATION OF THE PEDIATRIC
(2) by striking ‘‘Biosimilar User Fee Amend- DEVICE CONSORTIA PROGRAM.
in setting fees for fiscal year 2021. ments of 2017’’ each place it appears and insert-
‘‘(C) LIMITATIONS.—Under no circumstances Section 305(e) of the Food and Drug Adminis-
ing ‘‘Biosimilar User Fee Amendments of 2022’’;
shall an adjustment under this paragraph result tration Amendments Act of 2007 (Public Law
(3) in subsection (a)(2), by striking ‘‘Begin-
in fee revenue for a fiscal year that is less than 110–85; 42 U.S.C. 282 note) is amended by strik-
ning with fiscal year 2018, the’’ and inserting
the sum of the amounts under subsections ing ‘‘$5,250,000 for each of fiscal years 2018
‘‘The’’;
(b)(1)(A) (the annual base revenue for the fiscal through 2022’’ and inserting ‘‘$1,107,534 for the
(4) in subsection (a)(3)(A), by striking ‘‘Not
year), (b)(1)(B) (the dollar amount of the infla- period beginning on October 1, 2022, and ending
later than 30 calendar days after the end of the
tion adjustment for the fiscal year), and on December 16, 2022’’.
second quarter of fiscal year 2018, and not later
(b)(1)(C) (the dollar amount of the strategic hir- SEC. 5004. REAUTHORIZATION OF PROVISION
than 30 calendar days after the end of each
ing and retention adjustment). PERTAINING TO DRUGS CONTAINING
‘‘(D) PUBLICATION IN FEDERAL REGISTER.—The quarter of each fiscal year thereafter’’ and in- SINGLE ENANTIOMERS.
Secretary shall publish in the Federal Register serting ‘‘Not later than 30 calendar days after
Section 505(u)(4) of the Federal Food, Drug,
notice under paragraph (5) the fee revenue and the end of each quarter of each fiscal year for
and Cosmetic Act (21 U.S.C. 355(u)(4)) is amend-
fees resulting from the adjustment and the which fees are collected under this part’’;
ed by striking ‘‘October 1’’ and inserting ‘‘De-
methodologies under this paragraph. (5) in subsection (b), by striking ‘‘Not later
cember 17’’.
‘‘(4) OPERATING RESERVE ADJUSTMENT.— than 120 days after the end of fiscal year 2018
and each subsequent fiscal year for which fees SEC. 5005. REAUTHORIZATION OF THE CRITICAL
‘‘(A) INCREASE.—For fiscal year 2023 and sub- PATH PUBLIC-PRIVATE PARTNER-
sequent fiscal years, the Secretary shall, in ad- are collected under this part’’ and inserting SHIP.
dition to adjustments under paragraphs (1), (2), ‘‘Not later than 120 days after the end of each
Section 566(f) of the Federal Food, Drug, and
and (3), further increase the fee revenue and fiscal year for which fees are collected under
Cosmetic Act (21 U.S.C. 360bbb–5(f)) is amended
fees if such an adjustment is necessary to pro- this part’’;
(6) in subsection (c), by striking ‘‘Beginning by striking ‘‘$6,000,000 for each of fiscal years
vide for at least 10 weeks of operating reserves 2018 through 2022’’ and inserting ‘‘$1,265,753 for
of carryover user fees for the process for the re- with fiscal year 2018, and for’’ and inserting
‘‘For’’; and the period beginning on October 1, 2022 and
view of biosimilar biological product applica- ending on December 16, 2022’’.
tions. (7) in subsection (f)—
(A) in paragraph (1), in the matter preceding SEC. 5006. REAUTHORIZATION OF ORPHAN DRUG
‘‘(B) DECREASE.—
GRANTS.
‘‘(i) FISCAL YEAR 2023.—For fiscal year 2023, if subparagraph (A), by striking ‘‘fiscal year 2022’’
the Secretary has carryover balances for such and inserting ‘‘fiscal year 2027’’; and Section 5(c) of the Orphan Drug Act (21
process in excess of 33 weeks of such operating (B) in paragraph (3), by striking ‘‘January 15, U.S.C. 360ee(c)) is amended by striking
reserves, the Secretary shall decrease such fee 2022’’ and inserting ‘‘January 15, 2027’’. ‘‘$30,000,000 for each of fiscal years 2018 through
revenue and fees to provide for not more than 33 SEC. 4005. SUNSET DATES. 2022’’ and inserting ‘‘$6,328,767 for the period
weeks of such operating reserves. (a) AUTHORIZATION.—Sections 744G and 744H beginning on October 1, 2022, and ending on De-
‘‘(ii) FISCAL YEAR 2024.—For fiscal year 2024, if of the Federal Food, Drug, and Cosmetic Act (21 cember 16, 2022’’.
the Secretary has carryover balances for such U.S.C. 379j–51, 379j–52) shall cease to be effective SEC. 5007. REAUTHORIZATION OF CERTAIN DE-
process in excess of 27 weeks of such operating VICE INSPECTIONS.
October 1, 2027.
reserves, the Secretary shall decrease such fee (b) REPORTING REQUIREMENTS.—Section 744I Section 704(g)(11) of the Federal Food, Drug,
revenue and fees to provide for not more than 27 of the Federal Food, Drug, and Cosmetic Act (21 and Cosmetic Act (21 U.S.C. 374(g)(11)) is
weeks of such operating reserves. U.S.C. 379j–53) shall cease to be effective Janu- amended by striking ‘‘October 1’’ and inserting
‘‘(iii) FISCAL YEAR 2025 AND SUBSEQUENT FISCAL ary 31, 2028. ‘‘December 17’’.
YEARS.—For fiscal year 2025 and subsequent fis- (c) PREVIOUS SUNSET PROVISION.—Effective SEC. 5008. REAUTHORIZATION OF REPORTING RE-
cal years, if the Secretary has carryover bal- October 1, 2022, subsections (a) and (b) of sec- QUIREMENTS RELATED TO PENDING
ances for such process in excess of 21 weeks of GENERIC DRUG APPLICATIONS AND
tion 405 of the FDA Reauthorization Act of 2017
such operating reserves, the Secretary shall de- PRIORITY REVIEW APPLICATIONS.
(Public Law 115–52) are repealed.
crease such fee revenue and fees to provide for Section 807 of the FDA Reauthorization Act of
SEC. 4006. EFFECTIVE DATE.
not more than 21 weeks of such operating re- 2017 (Public Law 115–52) is amended, in the mat-
The amendments made by this title shall take ter preceding paragraph (1), by striking ‘‘Octo-
serves.
‘‘(C) FEDERAL REGISTER NOTICE.—If an ad- effect on October 1, 2022, or the date of the en- ber 1’’ and inserting ‘‘December 16’’.
justment under subparagraph (A) or (B) is actment of this Act, whichever is later, except
that fees under part 8 of subchapter C of chap- DIVISION G—HERMIT’S PEAK/CALF
made, the rationale for the amount of the in- CANYON FIRE ASSISTANCE ACT
crease or decrease (as applicable) in fee revenue ter VII of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379j–51 et seq.) shall be assessed SEC. 101. SHORT TITLE.
and fees shall be contained in the annual Fed-
for all biosimilar biological product applications This division may be cited as the ‘‘Hermit’s
eral Register notice under paragraph (5)(B) es-
received on or after October 1, 2022, regardless Peak/Calf Canyon Fire Assistance Act’’.
tablishing fee revenue and fees for the fiscal
year involved.’’; and of the date of the enactment of this Act. SEC. 102. FINDINGS AND PURPOSES.
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(3) in paragraph (5), in the matter preceding SEC. 4007. SAVINGS CLAUSE. (a) FINDINGS.—Congress finds that—
subparagraph (A), by striking ‘‘2018’’ and in- Notwithstanding the amendments made by (1) on April 6, 2022, the Forest Service initi-
serting ‘‘2023’’. this title, part 8 of subchapter C of chapter VII ated the Las Dispensas-Gallinas prescribed burn
(d) CREDITING AND AVAILABILITY OF FEES.— of the Federal Food, Drug, and Cosmetic Act (21 on Federal land in the Santa Fe National Forest
Subsection (f)(3) of section 744H of the Federal U.S.C. 379j–51 et seq.), as in effect on the day in San Miguel County, New Mexico, when er-
Food, Drug, and Cosmetic Act (21 U.S.C. 379j– before the date of the enactment of this title, ratic winds were prevalent in the area that was
52(f)(3)) is amended by striking ‘‘2018 through shall continue to be in effect with respect to bio- also suffering from severe drought after many
2022’’ and inserting ‘‘2023 through 2027’’. similar biological product applications and sup- years of insufficient precipitation;
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8345
(2) on April 6, 2022, the prescribed burn, (5) INJURY.—The term ‘‘injury’’ has the same (1) DETERMINATION AND PAYMENT OF
which became known as the ‘‘Hermit’s Peak meaning as the term ‘‘injury or loss of property, AMOUNT.—
Fire’’, exceeded the containment capabilities of or personal injury or death’’ as used in section (A) IN GENERAL.—
the Forest Service, was declared a wildfire, and 1346(b)(1) of title 28, United States Code. (i) PAYMENT.—Not later than 180 days after
spread to other Federal and non-Federal land; (6) MANAGER.—The term ‘‘Manager’’ means the date on which a claim is submitted under
(3) on April 19, 2022, the Calf Canyon Fire, an Independent Claims Manager appointed this Act, the Administrator shall determine and
also in San Miguel County, New Mexico, began under section 104(a)(3). fix the amount, if any, to be paid for the claim.
burning on Federal land and was later identi- (7) OFFICE.—The term ‘‘Office’’ means the Of- (ii) PRIORITY.—The Administrator, to the
fied as the result of a pile burn in January 2022 fice of Hermit’s Peak/Calf Canyon Fire Claims maximum extent practicable, shall pay subroga-
that remained dormant under the surface before established by section 104(a)(2). tion claims submitted under this Act only after
reemerging; (8) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ paying claims submitted by injured parties that
(4) on April 27, 2022, the Hermit’s Peak Fire includes any Indian Tribe, tribal organization, are not insurance companies seeking payment
and the Calf Canyon Fire merged, and both Indian-controlled organization serving Indians, as subrogees.
fires were reported as the Hermit’s Peak Fire or Native Hawaiian organization, or Alaska Native (B) PARAMETERS OF DETERMINATION.—In de-
the Hermit’s Peak/Calf Canyon Fire, which entity, as such terms are defined or used in sec- termining and settling a claim under this Act,
shall be referred to hereafter as the Hermit’s tion 166 of the Workforce Innovation and Op- the Administrator shall determine only—
Peak/Calf Canyon Fire; portunity Act (29 U.S.C. 3221). (i) whether the claimant is an injured person;
(ii) whether the injury that is the subject of
(5) by May 2, 2022, the fire had grown in size SEC. 104. COMPENSATION FOR VICTIMS OF HER-
MIT’S PEAK/CALF CANYON FIRE. the claim resulted from the Hermit’s Peak/Calf
and caused evacuations in multiple villages and
(a) IN GENERAL.— Canyon Fire;
communities in San Miguel County and Mora
(1) COMPENSATION.—Each injured person shall (iii) whether the person or persons are other-
County, including in the San Miguel county
be eligible to receive from the United States com- wise eligible to receive any amount determined
jail, the State’s psychiatric hospital, the United
pensation for injury suffered by the injured per- under clause (iv); and
World College, and New Mexico Highlands Uni- (iv) whether sufficient funds are available for
versity; son as a result of the Hermit’s Peak/Calf Can-
payment and, if so, the amount, if any, to be al-
(6) on May 4, 2022, the President issued a yon Fire, subject to the availability of appro-
lowed and paid under this Act.
major disaster declaration for the counties of priations and subject to the Administrator mak- (C) INSURANCE AND OTHER BENEFITS.—
Colfax, Mora, and San Miguel, New Mexico; ing the determinations required under sub- (i) IN GENERAL.—In determining the amount
(7) on May 20, 2022, U.S. Forest Service Chief section (d). of, and paying, a claim under this Act, to pre-
Randy Moore ordered a 90-day review of pre- (2) OFFICE OF HERMIT’S PEAK/CALF CANYON vent recovery by a claimant in excess of actual
scribed burn policies to reduce the risk of FIRE CLAIMS.—
compensatory damages, the Administrator shall
wildfires and ensure the safety of the commu- (A) IN GENERAL.—There is established within reduce the amount to be paid for the claim by
nities involved; the Federal Emergency Management Agency an an amount that is equal to the total of insur-
(8) the U.S. Forest Service has assumed re- Office of Hermit’s Peak/Calf Canyon Fire ance benefits (excluding life insurance benefits)
sponsibility for the Hermit’s Peak/Calf Canyon Claims. or other payments or settlements of any nature
Fire; (B) PURPOSE.—The Office shall receive, proc-
that were paid, or will be paid, with respect to
(9) the fire resulted in the loss of Federal, ess, and pay claims in accordance with this Act.
the claim.
State, local, Tribal, and private property; and (C) FUNDING.—The Office—
(ii) GOVERNMENT LOANS.—This subparagraph
(10) the United States should compensate the (i) shall be funded from funds made available
shall not apply to the receipt by a claimant of
victims of the Hermit’s Peak/Calf Canyon Fire. to the Administrator for carrying out this sec-
any government loan that is required to be re-
(b) PURPOSES.—The purposes of this Act are— tion;
paid by the claimant.
(1) to compensate victims of the Hermit’s Peak/ (ii) may appoint and fix the compensation of
(2) PARTIAL PAYMENT.—
Calf Canyon Fire, for injuries resulting from the such temporary personnel as may be necessary, (A) IN GENERAL.—At the request of a claimant,
fire; and without regard to the provisions of title 5, the Administrator may make 1 or more advance
(2) to provide for the expeditious consideration United States Code, governing appointments in or partial payments, subject to the determina-
and settlement of claims for those injuries. competitive service; and tion required under paragraph (1)(B), before the
(iii) may reimburse other Federal agencies for final settlement of a claim, including final set-
SEC. 103. DEFINITIONS.
claims processing support and assistance. tlement on any portion or aspect of a claim that
In this Act: (3) OPTION TO APPOINT INDEPENDENT CLAIMS
(1) ADMINISTRATOR.—The term ‘‘Adminis- is determined to be severable.
MANAGER.—The Administrator may appoint an
trator’’ means— (B) JUDICIAL DECISION.—If a claimant receives
Independent Claims Manager to— a partial payment on a claim under this Act, but
(A) the Administrator of the Federal Emer- (A) head the Office; and
gency Management Agency; or further payment on the claim is subsequently
(B) assume the duties of the Administrator
(B) if a Manager is appointed under section denied by the Administrator, the claimant
under this Act.
104(a)(3), the Manager. may—
(4) DETAIL.—Upon the request of the Adminis-
(2) HERMIT’S PEAK/CALF CANYON FIRE.—The (i) seek judicial review under subsection (i);
trator, the head of any Federal department or
term ‘‘Hermit’s Peak/Calf Canyon Fire’’ and
agency may detail, on a reimbursable basis, any (ii) keep any partial payment that the claim-
means— of the personnel of that department or agency to
(A) the fire resulting from the initiation by the ant received, unless the Administrator deter-
the Federal Emergency Management Agency to mines that the claimant—
Forest Service of a prescribed burn in the Santa assist the Agency in carrying out the duties
Fe National Forest in San Miguel County, New (I) was not eligible to receive the compensa-
under this Act. tion; or
Mexico, on April 6, 2022; (b) SUBMISSION OF CLAIMS.—Not later than 2 (II) fraudulently procured the compensation.
(B) the pile burn holdover resulting from the years after the date on which regulations are (3) RIGHTS OF INSURER OR OTHER THIRD
prescribed burn by the Forest Service, which re- first promulgated under subsection (f), an in- PARTY.—If an insurer or other third party pays
emerged on April 19, 2022; and jured person may submit to the Administrator a any amount to a claimant to compensate for an
(C) the merger of the two fires described in written claim for 1 or more injuries suffered by injury described in subsection (a), the insurer or
subparagraphs (A) and (B), reported as the Her- the injured person in accordance with such re- other third party shall be subrogated to any
mit’s Peak Fire or the Hermit’s Peak Fire/Calf quirements as the Administrator determines to right that the claimant has to receive any pay-
Canyon Fire. be appropriate. ment under this Act or any other law.
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (c) INVESTIGATION OF CLAIMS.— (4) ALLOWABLE DAMAGES.—
means the recognized governing body of any In- (1) IN GENERAL.—In accordance with sub- (A) LOSS OF PROPERTY.—A claim that is paid
dian or Alaska Native Tribe, band, nation, section (d), the Administrator shall, on behalf of for loss of property under this Act may include
pueblo, village, community, component band, or the United States, investigate, consider, ascer- otherwise uncompensated damages resulting
component reservation individually identified tain, adjust, determine, grant, deny, or settle from the Hermit’s Peak/Calf Canyon Fire for—
(including parenthetically) in the list published any claim for money damages asserted under (i) an uninsured or underinsured property
most recently as of the date of enactment of this subsection (b). loss;
Act pursuant to section 104 of the Federally (2) APPLICABILITY OF STATE LAW.—Except as (ii) a decrease in the value of real property;
Recognized Indian Tribe List Act of 1994 (25 otherwise provided in this Act, the laws of the (iii) damage to physical infrastructure, in-
U.S.C. 5131). State of New Mexico shall apply to the calcula- cluding irrigation infrastructure such as
(4) INJURED PERSON.—The term ‘‘injured per- tion of damages under subsection (d)(4). acequia systems;
son’’ means— (3) EXTENT OF DAMAGES.—Any payment under (iv) a cost resulting from lost subsistence from
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(A) an individual, regardless of the citizenship this Act— hunting, fishing, firewood gathering, timbering,
or alien status of the individual; or (A) shall be limited to actual compensatory grazing, or agricultural activities conducted on
(B) an Indian Tribe, corporation, Tribal cor- damages measured by injuries suffered; and land damaged by the Hermit’s Peak/Calf Can-
poration, partnership, company, association, (B) shall not include— yon Fire;
county, township, city, State, school district, or (i) interest before settlement or payment of a (v) a cost of reforestation or revegetation on
other non-Federal entity (including a legal rep- claim; or Tribal or non-Federal land, to the extent that
resentative) that suffered injury resulting from (ii) punitive damages. the cost of reforestation or revegetation is not
the Hermit’s Peak/Calf Canyon Fire. (d) PAYMENT OF CLAIMS.— covered by any other Federal program; and
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H8346 CONGRESSIONAL RECORD — HOUSE September 30, 2022
(vi) any other loss that the Administrator de- that the Administrator determines are likely to (k) WAIVER OF REQUIREMENT FOR MATCHING
termines to be appropriate for inclusion as loss reach prospective claimants. FUNDS.—
of property. (g) CONSULTATION.—In administering this Act, (1) STATE AND LOCAL PROJECT.—
(B) BUSINESS LOSS.—A claim that is paid for the Administrator shall consult with the Sec- (A) IN GENERAL.—Notwithstanding any other
injury under this Act may include damages re- retary of the Interior, the Secretary of Energy, provision of law, a State or local project that is
sulting from the Hermit’s Peak/Calf Canyon Fire the Secretary of Agriculture, the Administrator determined by the Administrator to be carried
for the following types of otherwise uncompen- of the Small Business Administration, other out in response to the Hermit’s Peak/Calf Can-
sated business loss: Federal agencies, and State, local, and Tribal yon Fire under any Federal program that ap-
(i) Damage to tangible assets or inventory, in- authorities, as determined to be necessary by the plies to an area affected by the Hermit’s Peak/
cluding natural resources. Administrator, to— Calf Canyon Fire shall not be subject to any re-
(ii) Business interruption losses. (1) ensure the efficient administration of the quirement for State or local matching funds to
(iii) Overhead costs. claims process; and pay the cost of the project under the Federal
(iv) Employee wages for work not performed. (2) provide for local concerns. program.
(v) Loss of business net income. (h) ELECTION OF REMEDY.— (B) FEDERAL SHARE.—The Federal share of
(vi) Any other loss that the Administrator de- (1) IN GENERAL.—An injured person may elect the costs of a project described in subparagraph
termines to be appropriate for inclusion as busi- to seek compensation from the United States for (A) shall be 100 percent.
ness loss. 1 or more injuries resulting from the Hermit’s (2) OTHER NEEDS PROGRAM ASSISTANCE.—Not-
(C) FINANCIAL LOSS.—A claim that is paid for Peak/Calf Canyon Fire by— withstanding section 408(g)(2) of the Robert T.
injury under this Act may include damages re- (A) submitting a claim under this Act; Stafford Disaster Relief and Emergency Assist-
sulting from the Hermit’s Peak/Calf Canyon Fire (B) filing a claim or bringing a civil action ance Act (42 U.S.C. 5174(g)(2)), for any emer-
for the following types of otherwise uncompen- under chapter 171 of title 28, United States Code gency or major disaster declared by the Presi-
sated financial loss: (commonly known as the ‘‘Federal Tort Claims dent under that Act for the Hermit’s Peak/Calf
(i) Increased mortgage interest costs. Act’’); or Canyon Fire, the Federal share of assistance
(ii) An insurance deductible. (C) bringing an authorized civil action under provided under that section shall be 100 percent.
(iii) A temporary living or relocation expense. any other provision of law. (3) AGRICULTURAL PROGRAM ASSISTANCE.—
(iv) Lost wages or personal income. (2) EFFECT OF ELECTION.—In accordance with (A) IN GENERAL.—Notwithstanding any other
(v) Emergency staffing expenses. subsection (e), an election by an injured person provision of law, a State, local, or individual
(vi) Debris removal and other cleanup costs. to seek compensation in any manner described project that is determined by the Secretary of
(vii) Costs of reasonable efforts, as determined in paragraph (1) shall be final and conclusive Agriculture to be carried out in response to the
by the Administrator, to reduce the risk of wild- on the claimant with respect to all injuries re- Hermit’s Peak/Calf Canyon Fire under any Fed-
fire, flood, or other natural disaster in the coun- sulting from the Hermit’s Peak/Calf Canyon Fire eral program that applies to an area affected by
ties impacted by the Hermit’s Peak/Calf Canyon that are suffered by the claimant upon accept- the Hermit’s Peak/Calf Canyon Fire shall not be
Fire to risk levels prevailing in those counties ance of an award. subject to any requirement for State, local, or
before the Hermit’s Peak/Calf Canyon Fire, that (3) ARBITRATION.—
(A) IN GENERAL.—Not later than 45 days after individual matching funds to pay the cost of the
are incurred not later than the date that is 3 project under the Federal program.
years after the date on which the regulations the date of enactment of this Act, the Adminis-
(B) FEDERAL SHARE.—The Federal share of
under subsection (f) are first promulgated. trator shall establish by regulation procedures
the costs of a project described in subparagraph
(viii) A premium for flood insurance that is re- under which a dispute regarding a claim sub-
(A) shall be 100 percent.
quired to be paid on or before May 31, 2024, if, mitted under this Act may be settled by arbitra-
(l) APPLICABILITY OF DEBT COLLECTION RE-
as a result of the Hermit’s Peak/Calf Canyon tion.
QUIREMENTS.—Section 3711(a) of title 31, United
(B) ARBITRATION AS REMEDY.—On establish-
Fire, a person that was not required to purchase States Code, shall not apply to any payment
ment of arbitration procedures under subpara-
flood insurance before the Hermit’s Peak/Calf under this Act, unless—
graph (A), an injured person that submits a dis-
Canyon Fire is required to purchase flood insur- (1) there is evidence of civil or criminal fraud,
puted claim under this Act may elect to settle
ance. misrepresentation, presentation of a false claim;
the claim through arbitration.
(ix) A disaster assistance loan received from or
(C) BINDING EFFECT.—An election by an in-
the Small Business Administration. (2) a claimant was not eligible under sub-
jured person to settle a claim through arbitra-
(x) Any other loss that the Administrator de- section (d)(2) of this Act to any partial payment.
tion under this paragraph shall—
termines to be appropriate for inclusion as fi- (i) be binding; and (m) INDIAN COMPENSATION.—Notwithstanding
nancial loss. (ii) preclude any exercise by the injured per- any other provision of law, in the case of an In-
(e) ACCEPTANCE OF AWARD.—The acceptance son of the right to judicial review of a claim de- dian Tribe, a Tribal entity, or a member of an
by a claimant of any payment under this Act, scribed in subsection (i). Indian Tribe that submits a claim under this
except an advance or partial payment made (4) NO EFFECT ON ENTITLEMENTS.—The value Act—
under subsection (d)(2), shall— of compensation that may be provided under (1) the Bureau of Indian Affairs shall have no
(1) be final and conclusive on the claimant, this Act shall not be considered income or re- authority over, or any trust obligation regard-
with respect to all claims arising out of or relat- sources for any purpose under any Federal, ing, any aspect of the submission of, or any
ing to the same subject matter; and State, or local laws, including laws relating to payment received for, the claim;
(2) constitute a complete release of all claims taxation, welfare, and public assistance pro- (2) the Indian Tribe, Tribal entity, or member
against the United States (including any agency grams, and no State or political subdivision of an Indian Tribe shall be entitled to proceed
or employee of the United States) under chapter thereof shall decrease any assistance otherwise under this Act in the same manner and to the
171 of title 28, United States Code (commonly provided to an injured person because of the re- same extent as any other injured person; and
known as the ‘‘Federal Tort Claims Act’’), or ceipt of benefits under this Act. (3) except with respect to land damaged by the
any other Federal or State law, arising out of or (i) JUDICIAL REVIEW.— Hermit’s Peak/Calf Canyon Fire that is the sub-
relating to the same subject matter. (1) IN GENERAL.—Any claimant aggrieved by a ject of the claim, the Bureau of Indian Affairs
(f) REGULATIONS AND PUBLIC INFORMATION.— final decision of the Administrator under this shall have no responsibility to restore land dam-
(1) REGULATIONS.—Notwithstanding any other Act may, not later than 60 days after the date aged by the Hermit’s Peak/Calf Canyon Fire.
provision of law, not later than 45 days after on which the decision is issued, bring a civil ac- (n) REPORT.—Not later than 1 year after the
the date of enactment of this Act, the Adminis- tion in the United States District Court for the date of promulgation of regulations under sub-
trator shall promulgate and publish in the Fed- District of New Mexico, to modify or set aside section (f)(1), and annually thereafter, the Ad-
eral Register interim final regulations for the the decision, in whole or in part. ministrator shall submit to Congress a report
processing and payment of claims under this (2) RECORD.—The court shall hear a civil ac- that describes the claims submitted under this
Act. tion under paragraph (1) on the record made be- Act during the year preceding the date of sub-
(2) PUBLIC INFORMATION.— fore the Administrator. mission of the report, including, for each
(A) IN GENERAL.—At the time at which the (3) STANDARD.—The decision of the Adminis- claim—
Administrator promulgates regulations under trator incorporating the findings of the Admin- (1) the amount claimed;
paragraph (1), the Administrator shall publish, istrator shall be upheld if the decision is sup- (2) a brief description of the nature of the
online and in print, in newspapers of general ported by substantial evidence on the record claim; and
circulation in the State of New Mexico, a clear, considered as a whole. (3) the status or disposition of the claim, in-
concise, and easily understandable explanation, (j) ATTORNEY’S AND AGENT’S FEES.— cluding the amount of any payment under this
in English and Spanish, of— (1) IN GENERAL.—No attorney or agent, acting Act.
(i) the rights conferred under this Act; and alone or in combination with any other attorney (o) AUTHORIZATION OF APPROPRIATIONS.—
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(ii) the procedural and other requirements of or agent, shall charge, demand, receive, or col- There are authorized to be appropriated such
the regulations promulgated under paragraph lect, for services rendered in connection with a sums as are necessary to carry out this Act.
(1). claim submitted under this Act, fees in excess of MOTION TO CONCUR
(B) DISSEMINATION THROUGH OTHER MEDIA.— the limitations established under section 2678 of
The Administrator shall disseminate the expla- title 28, United States Code. Ms. DELAURO. Mr. Speaker, I have a
nation published under subparagraph (A) (2) VIOLATION.—An attorney or agent who motion at the desk.
through websites, blogs, social media, brochures, violates paragraph (1) shall be fined not more The SPEAKER pro tempore. The
pamphlets, radio, television, and other media than $10,000. Clerk will designate the motion.
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8347
The text of the motion is as follows: The bill also includes $12.35 billion in other communities all over the Nation,
Ms. DELAURO of Connecticut moves that necessary emergency funding to sup- including Kentucky, California, Lou-
the House concur in the Senate amendment port the Ukrainian people and global isiana, and Texas, by providing $2 bil-
to H.R. 6833. democracy in the face of Russia’s lion to help address unmet housing, in-
The SPEAKER pro tempore. Pursu- grievous invasion of Ukraine. This frastructure, and economic recovery
ant to House Resolution 1404, the mo- body came together twice earlier this needs in communities recovering from
tion shall be debatable for 1 hour year to deliver on our commitment to recent wildfires, major storms,
equally divided and controlled by the the courageous people of Ukraine, but droughts, floods, and extreme heat.
chair and ranking minority member of most of those resources have already While this legislation provides a
the Committee on Appropriations or been disbursed or committed. bridge to an omnibus, it is not perfect.
their respective designees. For that reason, this bill includes I am saddened that the continuing res-
The gentlewoman from Connecticut necessary security assistance for olution does not fully meet some of our
(Ms. DELAURO) and the gentlewoman Ukraine, including $3 billion for the country’s most urgent needs, including
from Texas (Ms. GRANGER) each will Ukraine Security Assistance Initiative the ongoing COVID–19 pandemic and
control 30 minutes. to keep weapons and ammunition flow- monkey pox outbreak. I will continue
The Chair recognizes the gentle- ing without interruption, and $1.5 bil- working to provide the resources to
woman from Connecticut. lion to replenish U.S. stocks of equip- combat these public health crises and
GENERAL LEAVE ment sent through drawdown author- support the areas in need of additional
Ms. DELAURO. Mr. Speaker, I ask ity. resources to recover from natural dis-
unanimous consent that all Members We also help Ukraine protect its de- asters.
mocracy by supporting the continuity Despite these shortcomings, the in-
may have 5 legislative days within
of its democratic government and de- vestments included in this bill are ur-
which to revise and extend their re-
livery of citizen services with $4.5 bil- gent and necessary to avoid disruptions
marks and include extraneous material
lion. This contribution ensures we con- to vital Federal agencies, to help com-
on the Senate amendment to H.R. 6833.
tinue upholding our moral responsi- munities get back on their feet, and to
The SPEAKER pro tempore. Is there
ensure we have the time needed to ne-
objection to the request of the gentle- bility to support the people of Ukraine
gotiate a final funding agreement that
woman from Connecticut? in the face of a vicious invasion that
meets the needs of hardworking people.
There was no objection. continues to demand decisive action I urge my colleagues to support this
Ms. DELAURO. Mr. Speaker, I yield from us. bill, and I reserve the balance of my
myself such time as I may consume. The bill also includes safeguards over time.
Mr. Speaker, I rise in support of the these funds, such as a requirement of Ms. GRANGER. Mr. Speaker, I yield
Continuing Appropriations and third-party monitoring and a certifi- myself such time as I may consume.
Ukraine Supplemental Appropriations cation by the Secretary of State that I rise today in opposition to the Sen-
Act, which extends funding for Federal protects against corruption. ate amendment to H.R. 6833, a short-
programs and services through Decem- With $2 million for the DOD Inspec- term continuing resolution extending
ber 16. tor General to monitor funds and pro- government funding through December
With a 72–25 vote, the United States vide Congress with a report 16. I oppose this CR for several reasons.
Senate approved this legislation with inventorying security assistance, we First, we should be here addressing
the support of all Democrats and 22 Re- ensure weapons are used for their in- the border crisis, the energy crisis, and
publicans, including Senators SHELBY tended purpose by their intended re- the inflation crisis. This bill does noth-
and MCCONNELL. cipients. ing to fix any of these issues. In fact,
Before I begin, I want to acknowledge At the same time, this bill responds this bill actually bails out the Biden
the millions of people in Florida, Puer- to the devastation that recent natural administration for their failures and
to Rico, Alaska, and elsewhere reeling disasters and extreme weather events provides additional appropriations to
from recent disasters, stranded without have left behind. As the climate crisis put a Band-Aid on some of these prob-
power and other necessary resources, wreaks havoc on communities all over lems for a few more months.
and mourning the loss of loved ones. our Nation, this legislation provides For example, this bill includes nearly
This institution will stand with com- significant support for disaster re- $2 billion in funding for children and
munities across America as they re- sponse and recovery efforts. families flooding the border. Providing
build and recover. Included in this is a critical $20 mil- more funding without changing the
With the many challenges facing our lion in funding to complete previously policies that led to this crisis will only
Nation and the world, including dev- authorized Army Corps of Engineers encourage more migrants to come.
astating natural disasters and the high projects that will help address the Second, it is unfortunate this bill
cost of living, we cannot wait any water crisis in Jackson, Mississippi, will be rushed through the House today
longer to pass this bill. and upgrade its water and wastewater with just hours to spare to avoid a gov-
This bill guarantees that we have the infrastructure. ernment shutdown. The American peo-
means to continue the important work In the wealthiest Nation in the ple continue to wonder why Congress
we are doing to help middle class and world, the bare minimum every person can’t get its job done until the very
working families with the cost of liv- deserves is drinking water that is clean last minute and why we don’t have
ing, support vulnerable Americans by and safe, and this bill gets us one step more time to review legislation.
For these reasons, I urge my col-
keeping roofs over the heads of mil- closer to that minimum.
leagues to vote ‘‘no.’’ I reserve the bal-
lions of families and food on their ta- By fully funding the Disaster Relief
ance of my time.
bles, uphold our commitment to our Fund, this bill responds to Hurricane Ms. DELAURO. Mr. Speaker, I yield 3
veterans, and strengthen our national Ian in Florida; to the crisis left behind minutes to the gentlewoman from
security. But this is not enough, and in Puerto Rico after the devastating Florida (Ms. WASSERMAN SCHULTZ), the
this solution is only a short-term one. Hurricane Fiona; and to the severe chair of the Military Construction,
The Appropriations Committee and storm, flooding, and landslides in Alas- Veterans Affairs, and Related Agencies
House Democrats worked to clear all 12 ka, helping with recovery and disaster Subcommittee.
government funding bills out of com- relief efforts. Ms. WASSERMAN SCHULTZ. Mr.
mittee and pass six on the floor of the We also provide $1 billion in funding Speaker, I thank the chairwoman for
House this summer. These are trans- for the Low Income Home Energy As- yielding.
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formational bills needed to meet the sistance Program to help lower-income I rise to support this continuing reso-
moment and tackle our Nation’s big- families cover the rising energy costs lution that will keep our Federal Gov-
gest challenges. of home heating and cooling; including ernment open and deliver the vital
The legislation before us allows addi- $2.5 billion to address the largest wild- services that impact us all.
tional time for bipartisan, bicameral fire in New Mexico, in their history, Look no further than Southwest
negotiations to enact final 2023 funding that started from prescribed burns on Florida, in my home State, where Hur-
bills. Federal land; and support these and ricane Ian inflicted tragic human loss
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H8348 CONGRESSIONAL RECORD — HOUSE September 30, 2022
and massive property damage. While government running, and instead of Appropriations for all she has done to
we pray for those who endured Ian’s confronting these crises that are lead- get us to the point where we are able to
wrath and those who still face it, let’s ing us to this shutdown, this Demo- pass this continuing resolution today.
pass this continuing resolution and cratic majority is kicking the can In June, House Democrats and Re-
offer more than well wishes. down the road until after the elections publicans came together to pass, by an
Thankfully, President Biden declared in November. overwhelming supermajority, a sweep-
a major disaster, unleashing extensive The American people are furious at a ing package of reforms at the Food and
Federal aid and assistance for the broken, business-as-usual Washington Drug Administration. That bipartisan
counties hit by Ian. But this CR will that refuses to confront the crises. In legislation would strengthen the integ-
allow FEMA and other Federal part- fact, it exacerbates the crises created rity of the accelerated approval pro-
ners to keep assistance flowing to Flor- by President Biden and the Democratic gram, foster innovation, improve clin-
ida in our time of need, while also aid- majority. ical trial diversity, and reauthorize the
ing those hurting in Puerto Rico, Alas- This continuing resolution we are agency’s medical product user fee pro-
ka, New Mexico, and Mississippi. voting on today, once again, makes grams. Those user fee programs help
We cannot leave communities behind clear that the Democrats’ business-as- fund FDA reviews for safety and effi-
that are still picking up the pieces usual Washington must end. cacy of drugs and medical devices.
from disastrous floods, wildfires, and Just look at some of these policies While the House concluded its work
hurricanes, and even basic water sys- that Democrats have stuffed in this in June, the Senate failed to act. As
tem failures. This Federal funding bill bill, thrown taxpayer dollars at Biden’s soon as we passed our legislation
comes to their rescue by helping to wide-open border crisis, the raging in- through the House, I reached out to
meet long-term housing, infrastruc- flation crisis, and the skyrocketing en- Ranking Member RODGERS and the
ture, and recovery needs. ergy crisis. Democratic and Republican leaders of
This CR also extends funding for $57.5 billion for DHS to continue the Senate HELP Committee to begin
vital Federal education, health, hous- wide-open border and amnesty policies bipartisan, bicameral conversations to
ing, and public safety programs. It that have allowed illegal migrants to come to an agreement on a package of
keeps up school, job training, and child pour across our southern border and mutually agreeable FDA reforms.
nutritional investments, and it keeps After weeks of negotiations, our
drug cartels to smuggle deadly
funds flowing to address badly needed talks hit a temporary roadblock with
fentanyl into our communities under
affordable housing problems which Senator BURR, the Republican ranking
Secretary Mayorkas’ failed leadership.
plague so many families in Florida. member of the Senate HELP Com-
$10.8 billion for the FBI that the
Anyone who understands the housing mittee, but we stayed at the table, and
Biden administration has weaponized
struggles that millions of Americans eventually, the negotiations were fruit-
against Americans who disagree with
face cannot possibly ignore the relief ful. We were able to come together to
its policies, including parents con-
that this CR offers. This legislation find common ground across several
cerned about their kids in schools. meaningful policy areas.
also keeps America’s security intact, $12.6 billion for the IRS, on top of the Unfortunately, despite this progress,
while also supporting those brave vet- $80 billion that Democrats just gave to Senate Minority Leader MCCONNELL
erans who defended us. hire 87,000 new agents to spy into the decided to stand in the way of enacting
This CR also confronts Russia’s fake bank accounts of Americans and con- bipartisan policies to improve public
elections to annex parts of Ukraine, duct more audits on small businesses. health. Senator MCCONNELL threatened
whose families urgently need our sup- $728 billion to a Department of De- to hold up government funding if our
port to defend global democracy and fense that is more focused on pro- FDA reforms were included in the con-
turn back a murderous communist ty- moting the radical left’s woke ideology tinuing resolution we are debating
rant. than protecting our national security today.
I am pleased that this continuing res- here at home and abroad. While I am pleased that we are reau-
olution before us reflects that van- $3.8 billion for a Low Income Housing thorizing user fees, which will prevent
ishing breed of bipartisan, bicameral, Energy Assistance Program that pays layoffs at the agency and allow the
negotiated compromise. for the increased energy costs for those FDA to continue its mission, I will
I hope our colleagues on the other that live in anti-fracking States like continue pushing for the widely sup-
side of the aisle respect that and honor New York, without addressing the real ported improvements at the agency.
the trust that Americans hand us to cause of the energy crisis, which is the I have secured commitments from
maintain an orderly economy and state Democrats’ socialist Green New Deal Senators MURRAY and BURR, as well as
of affairs. This CR provides that basic agenda. Ranking Member RODGERS, to continue
test of governance. Americans are hurting and their pay- working to finalize a package of FDA
Americans want our government checks are declining in value, but reforms before the continuing resolu-
funding bills to help reduce their cost Democrats continue to fund these out- tion expires in December, and I look
of living, support their families, create of-touch policies, and that is why I am forward to taking meaningful action in
good jobs, and combat climate change. voting ‘‘no.’’ the near future. For now, I encourage
This continuing funding legislation The SPEAKER pro tempore. The Members to support continuing the
gives us the time we need to ensure our time of the gentleman has expired. work at the FDA by voting in favor of
2023 bills will do exactly that. Ms. GRANGER. Mr. Speaker, I yield the continuing resolution.
Let’s keep America running so Con- an additional 1 minute to the gen- Ms. GRANGER. Mr. Speaker, I yield
gress can complete America’s critical tleman from Virginia. 2 minutes to the gentleman from Vir-
fiscal work. Mr. CLINE. Mr. Speaker, Americans ginia (Mr. GOOD).
Ms. GRANGER. Mr. Speaker, I yield are hurting. Their paychecks are de- Mr. GOOD of Virginia. Mr. Speaker,
2 minutes to the gentleman from Vir- clining in value, but Democrats con- the preamble to the Constitution
ginia (Mr. CLINE), a member of the Ap- tinue to fund these out-of-touch poli- states that its purpose is, in part, to
propriations Committee. cies with billions of taxpayer dollars ‘‘secure the blessings of liberty to our-
Mr. CLINE. Mr. Speaker, I rise on be- from hardworking Americans. That is selves and our posterity.’’ Are we doing
half of the people of the Sixth District why I am voting ‘‘no.’’ I hope my col- that today?
of Virginia who are contacting my of- leagues will join me. This legislation represents Congress
fice right now expressing their outrage Ms. DELAURO. Mr. Speaker, I yield 2 at its worst. We are voting to let gov-
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at this failed, do-nothing Democratic minutes to the gentleman from New ernment funding expire on December
majority who has brought us to the Jersey (Mr. PALLONE), the chairman of 16, just days after dozens of Democrats
brink of a government shutdown. They the Energy and Commerce Committee. are fired by the voters on November 8.
are furious, furious because Democrats But before this Congress adjourns and
control the House, the Senate, the b 1130 new courageous conservatives are
White House, and still, here we are at Mr. PALLONE. Mr. Speaker, I thank sworn in, Congress wants to stick it to
the point where we have to keep the the chairwoman of the Committee on the American people one more time.
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8349
The funding for 2023 and beyond Ms. DELAURO. Mr. Speaker, I yield 1 America. That is why we are passing
should reflect the will of the people and minute to the gentlewoman from Texas the CR.
how they vote on November 8 when (Ms. JACKSON LEE). Mr. Speaker, I rise in support of the Senate
they reject the policies under which Ms. JACKSON LEE. Mr. Speaker, I amendment to H.R. 6833: the Continuing Res-
they are suffering today. thank the gentlewoman for her leader- olution to fund the federal government through
No Republican in the Senate should ship. December 16, 2022.
have, and no Republican in this House, I am very glad to say that there is I commend our colleagues in the Senate
and even those on the other side, something that responsibility calls you and the House for crafting this bipartisan, bi-
should give one more cent to a govern- to do: save lives. This CR indicates cameral agreement that keeps the federal
ment that doesn’t care about our bor- that we will not shut the government government fully operational without any inter-
der but wants to send $12 billion more down in the face of disasters around ruption.
to secure the border of Ukraine. the world. We will not freeze out low- The agreement that led to this Continuing
We should not fund a government income families by not providing them Resolution reflects our commitment to the poli-
that is allowing an invasion across our with the home energy assistance pro- cies on which Americans rely.
southern border and is giving hundreds gram. And, yes, we will ensure that It reassures the American people that our
of millions of dollars to the countries agencies like housing and health and government will continue to deliver all services
that are facilitating that just south of public safety, to reduce the crime while negotiations continue on funding federal
our border. across America, to respond to the agencies, programs, activities, and services
We should be cutting our spending needs of our police officers and victims for the remainder of Fiscal Year 2023.
and not increasing inflation by more of crime, will not shut down. Passing this continuing resolution might ap-
massive spending, as reflected in this But, yes, we will also recognize that pear to be a basic ministerial act; but it is ac-
package today. we are good neighbors. In Pakistan, 33 tually much more than that and highly con-
We should support American energy million people have been dislocated be- sequential.
production, not subsidize unreliable en- cause of catastrophic floods of Biblical Throughout my 27 years of service in Con-
ergy and Biden’s gas price hike. proportions. Mothers are about to de- gress, I have never lost sight of my principal
We should not be funding the hiring liver babies, 70,000 of them, and we can responsibilities to my constituents and to the
of 87,000 new IRS agents to go after help them as USAID goes and does its American people.
regular, hardworking Americans. work internationally. Paramount among them are two priorities:
We should end the vaccine mandate I am glad that we are putting a stop to do everything we can to keep our country
and the COVID China virus emergency sign on closing the government down. I and our people safe, and to provide the vitally
and not fund an administration that wish our friends on the other side necessary services and activities that preserve
wants to fire healthcare workers be- would join us. and enhance quality-of-life standards for all
cause they don’t get a vaccine. Finally, I want us to give more Americans.
All Republicans should oppose this money to the hostage section of the Keeping our country safe includes protecting
CR, not give one more vote for one Department of State because people Americans from:
more cent for this tyrannical govern- like Brittney Griner are in cages in domestic terrorism and violent extremism,
ment that is hurting all Americans. Russia, and we have to get our hos- public health pandemics,
Ms. DELAURO. Mr. Speaker, I yield 1 aggression from adversarial countries and
tages out. Americans are looking for
minute to the gentleman from Rhode non-country actors,
America to stand by their side.
Island (Mr. CICILLINE). environmental hazards to our air and water,
Mr. CICILLINE. Mr. Speaker, I rise The SPEAKER pro tempore. The
time of the gentlewoman has expired. food and drug contamination,
today in support of this continuing res- racially based hate crimes, and
Ms. DELAURO. Mr. Speaker, I yield
olution. gun violence, which we advanced this sum-
In addition to averting a disastrous an additional 1 minute to the gentle-
mer by enacting the Bipartisan Safer Commu-
government shutdown, this legislation woman from Texas.
Ms. JACKSON LEE. Mr. Speaker, I nities Act.
provides critical funding to continue Maintaining vital services includes providing:
our support for Ukraine, resettle Af- thank the chairwoman very much and
health care and public health programs,
ghan refugees, support communities again applaud her persistence in help-
food stamps and SNAP funding,
impacted by natural disasters, and help ing the American people. clean air and water standards,
low-income families heat their homes As I finish, on the issue of Brittney weather forecasting to enable resilience
this winter. Griner, introducing this to many of our against natural disasters and FEMA funding to
However, we still have work to do as colleagues that don’t know, she is a help rebuild lives and communities after they
this package lacks funding to support hostage in Putin’s Russia. Playing bas- strike,
our public health response to COVID–19 ketball there was her only crime, if child nutrition and immunizations,
and monkeypox, also known as MPV. you will. There she is, in a cage in Rus- education programs and funding,
Our public health workforce is de- sia, a hostage since February. economic and business support programs
pleted and exhausted from battling the We have a department that works on that help create jobs and entrepreneurial op-
COVID–19 pandemic over the last 2 this issue inside the Department of portunities,
years. They cannot stop the spread of State. I want to implore them and workplace safety protections and safeguards
these outbreaks without additional make sure they have the resources for for employee rights,
Federal support. the many Americans who are inno- prosecution of crimes and protections of civil
Both viruses disproportionately im- cently held by countries around the rights,
pact low-income communities and world. It is a tragedy and a shame that housing assistance and homelessness pre-
communities of color. Congressional we have a circumstance where Ameri- vention assistance,
inaction will deepen these disparities. cans cannot travel. I am grateful for broadband and other communication serv-
Mr. Speaker, I urge my colleagues to that support. ices,
vote today to avert a government shut- I am also grateful to acknowledge, if medical research and healthcare innovation,
down and then join us in working on you will, the Disaster Relief Fund for American leadership in the world commu-
long-term funding bills that address our domestic crises. As I said earlier, a nity, and
these public health crises and the other man was interviewed in Florida and myriad other services and programs that are
priorities of the American people. said: I have lost everything, my house synonymous with service to all Americans, es-
I want to end by thanking the ex- and everything in it. pecially those who are most in need of a help-
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traordinary chairwoman of the Com- There are a million people with no ing hand to uplift themselves and thrive.
mittee on Appropriations, ROSA access to power, so this is a crucial and Both of these goals—keeping Americans
DELAURO, for her leadership in negoti- important CR. Puerto Rico is in need. safe and providing vital services—require that
ating today’s legislation and thanking It is a crucial and important CR. We al- the federal government and all of its programs
her for all she has done. ways stand to hand out to our friends remain fully operational at all times without
Ms. GRANGER. Mr. Speaker, I re- around the Nation and around the any interruption, especially a disruption due to
serve the balance of my time. world. That is the United States of political discord.
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H8350 CONGRESSIONAL RECORD — HOUSE September 30, 2022
It is incumbent upon Congress to pass ap- Mr. Speaker, this continuing resolution is their lives, for their democracy, and for
propriations bills that enable the federal gov- crucial for the sustenance and resilience of the world democracy against Russian ag-
ernment to fulfill its diverse mandates. American people. gression.
With 535 members of the House and Sen- I urge all my colleagues to support the Con- We protect communities everywhere
ate, is essential that we negotiate, com- tinuing Resolution so that we can keep the in need of safe water. We help to re-
promise, and reach agreements to ensure that government operating while we negotiate a build them from crushing natural dis-
the government will deliver for the American comprehensive bill to maintain programs, serv- asters.
people on all activities that we are entrusted to ices, and activities through the remainder of This bill will make a very real dif-
perform. this fiscal year. ference in the lives of Americans ev-
Failure is not an option because the con- Ms. GRANGER. Mr. Speaker, I re- erywhere, and I am proud to support it.
sequences on peoples’ lives and livelihoods serve the balance of my time. Mr. Speaker, I urge all of my col-
would be far too great to bear. Ms. DELAURO. Mr. Speaker, I yield 1 leagues to join me in supporting these
Failure would debilitate our economy, elimi- minute to the gentleman from New bills, and I reserve the balance of my
nate jobs, and devastate family finances. York (Mr. NADLER). time.
Failure would mean that: Mr. NADLER. Mr. Speaker, there are Ms. GRANGER. Mr. Speaker, I yield
the health of Americans would suffer, many good things about this CR. One myself the balance of my time for clos-
more people would become homeless, of the best is that it won’t shut down ing.
production of food would be limited and its the government. Mr. Speaker, as I said before, we all
safety put at risk, It is shocking to me that our Repub- know we must pass the CR to keep the
public safety would be impaired, lican colleagues seem to want to shut government open. But this bill is a
rebuilding from natural disasters would grind down the government, with all of these wasted opportunity.
to a halt, services and necessary things it does Mr. Speaker, I urge my colleagues to
veterans and Social Security recipients for the people of the United States. vote against this bill, and I yield back
would not receive their checks, and This CR does many good things. I the balance of my time.
the global stature of the United States would want to focus on one of them, the 87,000 Ms. DELAURO. Mr. Speaker, I yield
be diminished, among many other unaccept- extra new agents to be hired for en- back the balance of my time.
able outcomes. forcement by the Internal Revenue Ms. KAPTUR. Mr. Speaker, first I want to
These are just some of the reasons why I Service. That is an excellent thing be- thank Chair DELAURO for her diligent work to
support passage of this Continuing Resolution. cause what will they do? They will go bring this CR to the floor in order to fund the
It is imperative that we keep the federal after the rich people. essential services of the federal government at
government open and fully functional over the By the terms of the statute, by the a time when our Nation needs stable govern-
next few months as we continue to craft ap- terms of the CR, they cannot be used ance.
propriations legislation that will fuel the federal for enforcement of taxes against any- As Chair of the House Energy and Water
government for the remainder of this fiscal body earning less than $400,000, so we Appropriations Subcommittee, I am pleased
year. are not talking about the middle class. that this bill provides $20 million in emergency
During this time, we will be able to craft lan- The rich people in this country are funding to the Corps of Engineers for pre-
guage to improve government operations, ad- cheating. They are cheating tremen- viously authorized water and wastewater infra-
dress urgent needs, and accelerate forward- dously. They are cheating to the tune structure improvements, which can be used in
looking initiatives that will strengthen our coun- of tens of billions of dollars because Jackson, Mississippi.
try, ensure equity, and enhance opportunity for they know they can get away with it I also appreciate the inclusion of $1 billion
all Americans. and because there is no manpower or for the Low-Income Home Energy Assistance
Yet, some needs are already well recog- womanpower to enforce the law. This Program to help address pressure on low-in-
nized. That is why I am particularly pleased will give us the manpower to enforce come households’ pocketbooks due to inflation
that this bill not only continues funding for gov- the law. caused by pandemic-related supply chain
ernment programs and services at their cur- The SPEAKER pro tempore. The backups and global energy disruption due to
rent rate, but also includes funding for critically time of the gentleman has expired. Russia’s war on Ukraine.
necessary activities, and extends programs Ms. DELAURO. Mr. Speaker, I yield As Co-Chair of the bipartisan Congressional
that would have expired. an additional 30 seconds to the gen- Ukraine Caucus, I am grateful for the inclusion
Some of the many provisions in the bill that tleman from New York. of a new U.S. funding package that will deliver
would achieve these aims and which I fully Mr. NADLER. Mr. Speaker, this will urgently-needed weapons, equipment, aid,
support are the: give us the manpower to enforce the and support to America’s friend and ally
$1 billion in aid to Jackson Mississippi to law and to make sure that the rich pay Ukraine in her valiant battle for Liberty against
help them resolve their water crisis, their fair share, and, therefore, there Putin’s tyranny.
$1 billion in Low Income Home Energy As- can be more services for the middle We have more work ahead of us to pass
sistance Program support to help low income class and for low-income people in this the full slate of appropriations bills—including
families afford heat during the upcoming cold country, which is exactly what the our Energy and Water bill to invest in Amer-
weather months, government is for. ican progress, American jobs, American fami-
funding for victims of natural disasters that This is one of the best things it does. lies, and the future of American communities.
is needed to help them restore their homes Mr. Speaker, I urge everyone to vote Today, we take a responsible step forward
and rebuild their lives, for the CR, in particular, because of to keep the government open—and we con-
maintenance of social security customer the 87,000 extra agents that the Inter- tinue our work to deliver for the American peo-
service systems, nal Revenue Service will have to en- ple.
$2 billion for the Community Development force taxes against rich tax cheats. The SPEAKER pro tempore. All time
Block Grant Disaster Recovery program, Ms. GRANGER. Mr. Speaker, I re- for debate has expired.
extension of child and family services pro- serve the balance of my time. Pursuant to House Resolution 1404,
grams, Ms. DELAURO. Mr. Speaker, I yield the previous question is ordered.
extension of veterans’ health care and hous- myself such time as I may consume. The question is on the motion by the
ing supports, We need this bill. We need this bill to gentlewoman from Connecticut (Ms.
fortification of cybersecurity by funding the continue negotiating final 2023 funding DELAURO).
newly created Office of the National Cyber Di- bills. The question was taken; and the
rector, With the bill before us, what is in Speaker pro tempore announced that
enhancement of the Judiciary’s court secu- this bill, and why is it so onerous to the ayes appeared to have it.
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rity program, some? Ms. GRANGER. Mr. Speaker, on that
extension of the national flood insurance We provide relief to working fami- I demand the yeas and nays.
program, lies, our schools, our children, small The yeas and nays were ordered.
funding of the FDA to continue its activities, businesses, and communities across The SPEAKER pro tempore. Pursu-
and this Nation. ant to clause 8 of rule XX, further pro-
$12.35 billion in aid to Ukraine that will en- We support the people of Ukraine. We ceedings on this question will be post-
able them to combat Russia’s hegemony. support them in what is the fight for poned.
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September 30, 2022 CONGRESSIONAL RECORD — HOUSE H8351
b 1145 Mr. Speaker, the Fairness for 9/11 Mr. JORDAN. Mr. Speaker, I yield
FAIRNESS FOR 9/11 FAMILIES ACT Families Act would provide a catch-up myself such time as I may consume.
payment to thousands of 9/11 victims, Mr. Speaker, the families of the 9/11
Mr. NADLER. Mr. Speaker, pursuant spouses, and dependents who were un- victims have our deepest sympathies.
to House Resolution 1404, I call up the fairly excluded from the U.S. Victims They have spent the last 20 years seek-
bill (H.R. 8987) to amend the Justice for of State Sponsored Terrorism Fund ing justice through a maze of red tape.
United States Victims of State Spon- when it was first established in 2015. Due to errors made with how funds to
sored Terrorism Act to authorize ap- While no amount of money can ever compensate victims were structured, a
propriations for catch-up payments make up for the incalculable loss that disparity emerged between the com-
from the United States Victims of they suffered on September 11, this leg- pensation received by differently situ-
State Sponsored Terrorism Fund, and islation would ensure that they are ated 9/11 families. This legislation
ask for its immediate consideration in fairly compensated for their claims would help remedy that inequity.
the House. against those responsible for one of our Behind the scenes, we have been
The Clerk read the title of the bill. Nation’s darkest days. working to solve this problem for
The SPEAKER pro tempore. Pursu- In 2015, Congress created the United years. Unfortunately, the Democrats
ant to House Resolution 1404, an States Victims of State Sponsored Ter- have not been particularly interested.
amendment in the nature of a sub- rorism Fund to provide compensation During the last few years of trying to
stitute consisting of the text of Rules for individuals with terrorism judg- resolve this matter, the Judiciary
Committee Print 117–68 is adopted, and ments against designated state spon- Committee has not held a single hear-
the bill, as amended, is considered sors of terrorism. ing or markup to evaluate the prob-
read. At the time, those who had received lems with victims funds or how to best
The text of the bill, as amended, is as payments from the September 11th address the problem.
follows: Victim Compensation Fund—primarily In fact, according to a GAO study re-
H.R. 8987 victims, spouses, and children—were quired by Congress, the shortfall owed
Be it enacted by the Senate and House of Rep- precluded from receiving funds from to 9/11 families amounts to $2.7 billion.
resentatives of the United States of America in the VSSTF. The proposal before us takes from
Congress assembled, Their exclusion from the fund led to COVID relief money that Congress ap-
SECTION 1. SHORT TITLE. a perverse result by which other family propriated for small businesses to
This Act may be cited as the ‘‘Fairness for 9/ members who were not eligible for pay-
make 9/11 families whole.
11 Families Act’’. ments under the VCF could receive There are potential solutions to this
SEC. 2. APPROPRIATIONS. compensation from the VSSTF—in problem that we should have put for-
(a) IN GENERAL.—Section 404(d)(4)(C) of the some cases, substantially more than
Justice for United States Victims of State Spon- ward earlier. Unfortunately, because
what was paid out under the VCF—
sored Terrorism Act (34 U.S.C. 20144(d)(4)(C)) is Chairman NADLER has declined to
while victims, spouses, and children
amended by adding at the end the following: allow the Judiciary Committee to con-
were excluded from the fund, despite
‘‘(iv) AUTHORIZATION.— sider these other possibilities, we are
‘‘(I) IN GENERAL.—The Special Master shall also having claims.
Congress corrected this injustice in left with just the bill before us today.
authorize lump sum catch-up payments in I do think it is important to recog-
amounts equal to the amounts described in sub- 2019, and a year later it tasked the
Government Accountability Office nize that we are here today thanks to
clauses (I), (II), and (III) of clause (iii).
‘‘(II) APPROPRIATIONS.— with calculating a lump-sum catch-up the hard work of the gentlewoman
‘‘(aa) IN GENERAL.—There are authorized to payment that would bring those who from New York (Ms. MALLIOTAKIS) and
be appropriated and there are appropriated to initially had been wrongly excluded the gentleman from New Jersey (Mr.
the Fund such sums as are necessary to carry from the VSSTF into parity with those SMITH). I know Congresswoman
out this clause, to remain available until ex-
individuals who had been included in MALLIOTAKIS and Congressman SMITH
pended. have been working tirelessly on this
‘‘(bb) LIMITATION.—Amounts appropriated the fund when it was first created.
The Fairness for 9/11 Families Act during this entire Congress. It would
pursuant to item (aa) may not be used for a pur-
fully funds these catch-up payments, have been nice to have their bill before
pose other than to make lump sum catch-up
payments under this clause.’’. offset by funds no longer needed to im- our committee for some debate. We
(b) RESCISSION.—Of the unobligated balances plement the Paycheck Protection Pro- never would have gotten to a place of
of amounts made available under the heading gram. I thank Senators MENENDEZ and finding a solution for these victims
‘‘Small Business Administration—Business SCHUMER for their partnership on this without their tireless efforts.
Loans Program Account, CARES Act’’, for car- legislation and for all of their efforts to Mr. Speaker, I urge a ‘‘yes’’ vote and
rying out paragraphs (36) and (37) of section reserve the balance of my time.
provide justice and support to 9/11 fam-
7(a) of the Small Business Act (15 U.S.C. 636(a)), Mr. NADLER. Mr. Speaker, I yield 2
$2,982,000,000 are hereby rescinded. ilies over the years.
I also thank the many victims and minutes to the distinguished gentle-
The SPEAKER pro tempore. The bill, family members whose advocacy and woman from Texas (Ms. JACKSON LEE).
as amended, shall be debatable for 1 determination were essential to bring- Ms. JACKSON LEE. Mr. Speaker, I
hour equally divided and controlled by ing this legislation forward. Although thank the gentleman from New York
the chair and ranking minority mem- nothing can make up for 20 years of (Mr. NADLER) for work that is long
ber of the Committee on the Judiciary missed birthdays, anniversaries, and overdue, and the Senators in the other
or their respective designees. memories for those who lost loved ones body, as well.
The gentleman from New York (Mr. on September 11, I hope that these I lived through 9/11, as many of us
NADLER) and the gentleman from Ohio funds can provide some measure of who have served in this Congress did. I
(Mr. JORDAN) each will control 30 min- comfort and justice to the people lived through the terror, the horror,
utes. whose lives were changed forever that the horrific scenes that were unspeak-
The Chair recognizes the gentleman day. able and unbelievable. I lived through
from New York (Mr. NADLER). As we pass this legislation, we must them with the same sense of this could
GENERAL LEAVE not forget the survivors and first re- not be America.
Mr. NADLER. Mr. Speaker, I ask sponders who continue to suffer the I was in this building as the planes
unanimous consent that all Members health effects of the 9/11 attacks. As I hit the Pentagon. We did not get the
may have 5 legislative days in which to always have, I will continue to fight to direct information about the World
revise and extend their remarks and in- ensure that these people have the care Trade Center, but as we were screamed
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sert extraneous material on H.R. 8987. they need. We can, and we must, look at to get out and flee, as we ran with-
The SPEAKER pro tempore. Is there after everyone who was affected that out knowledge, I could see the bil-
objection to the request of the gen- fateful day. lowing smoke, as the plane had already
tleman from New York? Mr. Speaker, I urge all Members to hit the Pentagon.
There was no objection. support the Fairness for 9/11 Families Never in our lives since World War II
Mr. NADLER. Mr. Speaker, I yield Act, and I reserve the balance of my and Pearl Harbor had I seen or heard
myself such time as I may consume. time. about, if you will, such atrocities and
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