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Home Source documents House Pages on H.R. 6833 Continuing Appropriations, September 30, 2022 — Congressional Record

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.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-30-crec-2022-09-30-pt1-pgh8330-3-72110609d2/, SHA-256 ee03246a73e1e89c9d3d596c0ab81b70d3cfd542557af79e3e49bc711a97904d.

Full text

                                                         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




SSpencer on DSK126QN23PROD with HOUSE
                                              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,




                                        VerDate Sep 11 2014   02:32 Oct 01, 2022   Jkt 029060   PO 00000   Frm 00014   Fmt 4634   Sfmt 6333   E:\CR\FM\A30SE7.010   H30SEPT1
                                              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-




SSpencer on DSK126QN23PROD with HOUSE
                                                                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,




SSpencer on DSK126QN23PROD with HOUSE
                                              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’’.




                                        VerDate Sep 11 2014   02:32 Oct 01, 2022   Jkt 029060   PO 00000   Frm 00016   Fmt 4634   Sfmt 6333   E:\CR\FM\A30SE7.010   H30SEPT1
                                              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




                                        VerDate Sep 11 2014   02:32 Oct 01, 2022   Jkt 029060   PO 00000   Frm 00017   Fmt 4634   Sfmt 6333   E:\CR\FM\A30SE7.010   H30SEPT1
                                              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




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                                                 ‘‘(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




SSpencer on DSK126QN23PROD with HOUSE
                                              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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