Amendments Submitted and Proposed — Congressional Record, Senate, December 19, 2022
Summary
This is S7313 of the Congressional Record, Senate, December 19, 2022, in the Amendments Submitted and Proposed section. It lists SA 6548 on S. 365, SA 6549 on S. 4719, SA 6550 on S. 3388, and SA 6551 on S. 4978, each proposed by Mr. Kelly for another Senator, and SA 6552, submitted by Mr. Leahy, intended to be proposed to H.R. 2617. Under Text of Amendments, SA 6544, proposed by Mr. Schatz to S. 1402, would amend the Native American Languages Act and includes a survey on Native American languages. The page also contains text on trade-based money laundering and illicit economies.
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“Amendments Submitted and Proposed — Congressional Record, Senate, December 19, 2022.”
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7313
means by which such organizations and net- SA 6548. Mr. KELLY (for Mrs. BLACKBURN) ‘‘SEC. 108. SURVEY ON NATIVE AMERICAN LAN-
works move and launder their ill-gotten proposed an amendment to the bill S. 365, to GUAGES.
gains, such as through the use of illicit amend title 18, United States Code, to re- ‘‘(a) IN GENERAL.—Not later than 18
economies, illicit trade, and trade-based quire a provider of a report to the months after the date of enactment of this
money laundering, pose a risk to the inter- CyberTipline related to online sexual exploi- section, and every 5 years thereafter, the
ests of the United States and allies and part- tation of children to preserve the contents of Secretary of Health and Human Services,
ners of the United States around the world; such report for 180 days, and for other pur- acting through the Commissioner of the Ad-
(2) in addition to considering the coun- poses. ministration for Native Americans (referred
tering of illicit economies, illicit trade, and SA 6549. Mr. KELLY (for Mr. GRASSLEY (for to in this section as the ‘Secretary’), shall
trade-based money laundering as a national himself and Mr. OSSOFF)) proposed an undertake a survey of the use of all Native
priority and committing to detect, address, amendment to the bill S. 4719, to protect American languages in the United States.
and prevent such activities, the President children against sexual abuse and exploi- ‘‘(b) UPDATES.—Prior to conducting each
should— tation, and for other purposes. subsequent survey after the initial survey
(A) continue to assess, in the periodic na- SA 6550. Mr. KELLY (for Mr. TESTER) pro- under subsection (a), the Secretary shall up-
tional risk assessments on money laun- posed an amendment to the bill S. 3388, to date the survey in accordance with this sec-
dering, terrorist financing, and proliferation amend title 38, United States Code, to im- tion.
financing conducted by the Department of prove benefits administered by the Secretary ‘‘(c) CONSULTATION REQUIRED.—The Sec-
the Treasury, the ongoing risks of trade- of Veterans Affairs, and for other purposes. retary shall design the initial survey under
based money laundering; SA 6551. Mr. KELLY (for Mr. BARRASSO (for subsection (a) and each updated survey under
(B) finalize the assessment described in the himself and Ms. SMITH)) proposed an amend- subsection (b)—
Explanatory Statement accompanying the ment to the bill S. 4978, to amend the Public ‘‘(1) in consultation with Indian tribes; and
Financial Services and General Government Health Service Act to reauthorize the State ‘‘(2) after considering feedback received
Appropriations Act, 2020 (division C of the offices of rural health program. from Native American language speakers
Consolidated Appropriations Act, 2020 (Pub- SA 6552. Mr. LEAHY submitted an amend- and experts.
lic Law 116–93)), which directs the Financial ment intended to be proposed by him to the ‘‘(d) CONTENTS.—Each survey under sub-
Crimes Enforcement Network of the Depart- bill H.R. 2617, to amend section 1115 of title section (a) shall solicit—
ment of the Treasury to thoroughly assess 31, United States Code, to amend the descrip- ‘‘(1) information on which Native Amer-
the risk that trade-based money laundering tion of how performance goals are achieved, ican languages are currently spoken;
and other forms of illicit finance pose to the and for other purposes; which was ordered to ‘‘(2) estimates of the number of speakers of
United States; lie on the table. each Native American language;
(C) work expeditiously to develop, finalize, ‘‘(3) any language usage statistics or infor-
and execute a strategy, as described in sec- f
mation that the Secretary, in consultation
tion 6506 of the Anti-Money Laundering Act with Indian tribes and Native American lan-
TEXT OF AMENDMENTS
of 2020 (title LXV of division F of Public Law guage speakers and experts, determines to be
116–283; 134 Stat. 4631)), to counter— SA 6544. Mr. SCHATZ proposed an relevant and appropriate;
(i) the activities of transnational criminal amendment to the bill S. 1402, to ‘‘(4) information on the types of Native
organizations, including illicit trade and amend the Native American Languages American language maintenance and revital-
trade-based money laundering; and Act to ensure the survival and con- ization projects and practices that are cur-
(ii) the illicit economies such organiza- rently being carried out;
tinuing vitality of Native American
tions operate in; ‘‘(5) information on any unmet Native
(D) coordinate with international partners languages, and for other purposes; as American language resource needs of Indian
to implement that strategy, exhorting those follows: tribes and Native American language com-
partners to strengthen their approaches to Strike all after the enacting clause and in- munities; and
combating transnational criminal organiza- sert the following: ‘‘(6) any other information that the Sec-
tions; and SECTION 1. SHORT TITLE. retary, in consultation with Indian tribes
(E) review that strategy on a biennial basis This Act may be cited as the ‘‘Durbin Feel- and Native American language speakers and
and improve it as needed in order to most ef- ing Native American Languages Act of 2022’’. experts, determines to be necessary.
fectively address illicit economies, illicit SEC. 2. ENSURING THE SURVIVAL AND CON- ‘‘(e) COORDINATION.—The Secretary may
trade, and trade-based money laundering by TINUING VITALITY OF NATIVE coordinate, and enter into cooperative agree-
exploring the use of emerging technologies AMERICAN LANGUAGES. ments with, the Director of the Bureau of
and other new avenues for interrupting and (a) IN GENERAL.—Section 106 of the Native the Census for the purposes of carrying out
putting an end to those activities; and American Languages Act (25 U.S.C. 2905) is this section.
(3) the Trade Transparency Unit program amended by adding at the end the following: ‘‘(f) OUTREACH AND ENGAGEMENT.—
of the Department of Homeland Security ‘‘(c) EVALUATION; REPORT.—Not later than ‘‘(1) IN GENERAL.—The Secretary shall
should take steps to strengthen its work, in- 1 year after the date of enactment of this carry out outreach and engagement activi-
cluding in countries that the Department of subsection, the President shall— ties to provide Indian tribes, Native Amer-
State has identified as major money laun- ‘‘(1) require the heads of the various Fed- ican language communities, and the public
dering jurisdictions under section 489 of the eral departments, agencies, and instrumen- information about—
Foreign Assistance Act of 1961 (22 U.S.C. talities to carry out an evaluation described ‘‘(A) opportunities to provide input on the
2291h). in subsection (a)(1); and development and design of each survey under
f ‘‘(2) submit to Congress a report that de- subsection (a), including information on the
scribes— consultations required under subsection (c);
AMENDMENTS SUBMITTED AND ‘‘(A) the results of the evaluations; and ‘‘(B) the goals and purpose of the surveys
PROPOSED ‘‘(B) the recommendations of the Secretary conducted under subsection (a); and
SA 6544. Mr. SCHATZ proposed an amend- of the Interior, the Secretary of Health and ‘‘(C) the benefits and importance of par-
ment to the bill S. 1402, to amend the Native Human Services, and the Secretary of Edu- ticipation in surveys under subsection (a).
American Languages Act to ensure the sur- cation, after consultation with Indian tribes, ‘‘(2) GRANTS, CONTRACTS, AND COOPERATIVE
vival and continuing vitality of Native traditional leaders, and representatives of AGREEMENTS AUTHORIZED.—The Secretary
American languages, and for other purposes. Native American language communities, for may carry out the outreach and engagement
SA 6545. Mr. SCHATZ proposed an amend- amendments to Federal laws that are need- activities required under paragraph (1)—
ment to the bill S. 989, to establish a Native ed— ‘‘(A) directly;
American language resource center in fur- ‘‘(i) to bring the Federal laws into compli- ‘‘(B) in partnership with the Bureau of the
therance of the policy set forth in the Native ance with this Act; Census; or
American Languages Act. ‘‘(ii) to improve interagency coordination ‘‘(C) through grants to, or contracts or co-
SA 6546. Mr. SCHATZ proposed an amend- for purposes of supporting revitalization, operative agreements with—
ment to the bill S. 3168, to amend the White maintenance, and use of Native American ‘‘(i) Indian tribes;
Mountain Apache Tribe Water Rights Quan- languages; and ‘‘(ii) tribal organizations; and
tification Act of 2010 to modify the enforce- ‘‘(iii) to reduce duplication, inefficiencies, ‘‘(iii) nonprofit organizations that work
ability date for certain provisions, and for and barriers Native American language com- with Indian tribes, Native American lan-
other purposes. munities face in accessing Federal programs guage programs, and Native American lan-
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SA 6547. Mr. SCHATZ proposed an amend- to support efforts to revitalize, maintain, or guage communities.
ment to the bill S. 4104, to approve the set- increase the use of Native American lan- ‘‘(g) LIMITATION.—Nothing in this section
tlement of water rights claims of the guages.’’. requires an Indian tribe, Native American
Hualapai Tribe and certain allottees in the (b) SURVEY ON NATIVE AMERICAN LAN- language community, or Native American
State of Arizona, to authorize construction GUAGES.—The Native American Languages language speaker—
of a water project relating to those water Act (25 U.S.C. 2901 et seq.) is amended by ‘‘(1) to participate in a survey under sub-
rights claims, and for other purposes. adding at the end the following: section (a); or
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S7314 CONGRESSIONAL RECORD — SENATE December 19, 2022
‘‘(2) to provide specific or culturally sen- (3) preserve, protect, and promote the (8) to support Native American language
sitive information in completing such a sur- rights and freedom of Native Americans to programs and Native American communities
vey. use, practice, and develop Native American in—
‘‘(h) AVAILABILITY OF SURVEY MATERIALS languages in furtherance of— (A) accessing international best practices,
AND FINDINGS.— (A) the policies set forth in the Native resources, and research in indigenous lan-
‘‘(1) IN GENERAL.—Not later than 1 year American Languages Act (25 U.S.C. 2901 et guage revitalization; and
after the date of enactment of this section, seq.); and (B) gathering and sharing technical assist-
and prior to conducting each survey under (B) the United States trust responsibility ance, promising practices, and experiences;
subsection (a), the Secretary shall submit to to Native American communities; (9) for the operation of intensive programs,
the Committee on Indian Affairs of the Sen- (4) address the effects of past discrimina- including summer institutes, to train Native
ate and the Committees on Education and tion and ongoing inequities experienced by American language speakers, to provide pro-
Labor and Natural Resources of the House of Native American language speakers; fessional development, and to improve Na-
Representatives, and make publicly avail- (5) support the revitalization and reclama- tive American language instruction through
able, a description of— tion of Native American languages; and preservice and in-service language training
‘‘(A) the feedback received under sub- (6) support the use of Native American lan- for teachers; and
section (c) on the design of the survey; guages as a medium of instruction for a wide (10) that otherwise support the Native
‘‘(B) the form and content of the survey; variety of age levels, academic content American language resource center estab-
‘‘(C) the plan for deploying the survey to areas, and types of schools, including Native lished under subsection (b) to carry out the
ensure a robust response; and American language medium education. activities required in subsection (c).
‘‘(D) how the Secretary will ensure any (d) ADDITIONAL AUTHORIZED ACTIVITIES.— (e) DEFINITIONS.—In this section:
survey enumeration efforts are culturally in- The Native American language resource cen- (1) ESEA DEFINITIONS.—The terms ‘‘ele-
formed and appropriate. ter established under subsection (b) may also mentary school’’, ‘‘local educational agen-
‘‘(2) RESULTS.—Not later than 90 days after carry out activities— cy’’, ‘‘secondary school’’, and ‘‘State edu-
the date on which analysis of each survey (1) to encourage and support the use of Na- cational agency’’ have the meanings given
under subsection (a) is completed, the Sec- tive American languages within educational the terms in section 8101 of the Elementary
retary shall submit to the Committee on In- systems in the same manner as other world and Secondary Education Act of 1965 (20
dian Affairs of the Senate and the Commit- languages, including by encouraging State U.S.C. 7801).
tees on Education and Labor and Natural Re- educational agencies, local educational agen- (2) ELIGIBLE ENTITY.—The term ‘‘eligible
sources of the House of Representatives, and cies, and institutions of higher education to entity’’ means—
make publicly available, the results of the offer Native American language courses the (A) an institution of higher education;
survey. same full academic credit as courses in other (B) an entity within an institution of high-
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— world languages; er education with dedicated expertise in Na-
There is authorized to be appropriated to (2) to support the development, adoption, tive American language and culture edu-
carry out this section $1,500,000 for each fis- and use of educational outcome metrics cation; or
cal year— aligned with the Native American language
(C) a consortium that includes 1 or more
‘‘(1) preceding a fiscal year during which a of instruction, including assessments, quali-
institutions of higher education or 1 or more
survey under subsection (a) is conducted; and fications, and processes based on promising
entities described in subparagraph (B).
‘‘(2) during which a survey under that sub- practices in Native American language me-
(3) INSTITUTION OF HIGHER EDUCATION.—The
section is conducted.’’. dium education;
term ‘‘institution of higher education’’ has
(3) to provide assistance to Native Amer-
the meaning given the term in section 101 of
SA 6545. Mr. SCHATZ proposed an ican language programs seeking Federal re-
the Higher Education Act of 1965 (20 U.S.C.
amendment to the bill S. 989, to estab- sources;
1001).
(4) to encourage and support teacher prepa-
lish a Native American language re- ration programs that prepare teachers to
(4) NATIVE AMERICAN; NATIVE AMERICAN
source center in furtherance of the pol- LANGUAGE.—The terms ‘‘Native American’’
teach Native American languages and to use
icy set forth in the Native American Native American languages as a medium of and ‘‘Native American language’’ have the
Languages Act; as follows: instruction, including by disseminating meanings given those terms in section 103 of
promising practices and developing peda- the Native American Languages Act (25
Strike all after the enacting clause and in-
gogical programming and through appro- U.S.C. 2902).
sert the following: (f) AUTHORIZATION OF APPROPRIATIONS.—
SECTION 1. SHORT TITLE. priate alternative pathways to teacher cer-
There are authorized to be appropriated to
This Act may be cited as the ‘‘Native tification;
carry out this section, $3,000,000 for each fis-
American Language Resource Center Act of (5) to provide information and resources—
cal year.
2022’’. (A) on promising practices in the use and
SEC. 2. NATIVE AMERICAN LANGUAGE RESOURCE revitalization of Native American languages SA 6546. Mr. SCHATZ proposed an
CENTERS. in Native American communities, including
amendment to the bill S. 3168, to
(a) PURPOSE.—The purpose of this Act is to use in educational institutions; and
(B) for the use of technology in school and amend the White Mountain Apache
further align the resources provided by the
Department of Education with the policies community-based Native American language Tribe Water Rights Quantification Act
set forth in the Native American Languages programs to support the retention, use, and of 2010 to modify the enforceability
Act (25 U.S.C. 2901 et seq.) through establish- teaching of Native American languages; date for certain provisions, and for
ment of a program within the Department of (6) to support the use of distance learning other purposes; as follows:
Education to support 1 or more Native Amer- technologies and training for parents, stu- Strike all after the enacting clause and in-
ican language resource centers. dents, teachers, and learning support staff sert the following:
(b) IN GENERAL.—The Secretary of Edu- associated with Native American language SECTION 1. WHITE MOUNTAIN APACHE TRIBE
cation is authorized to make a grant to, or programs, including— RURAL WATER SYSTEM.
enter into a contract with, an eligible entity (A) the compilation and curation of digital (a) EXTENSION OF ENFORCEABILITY DATE.—
for the purpose of— libraries and other online resources for Na- (1) IN GENERAL.—Section 309(d)(2) of the
(1) establishing, strengthening, and oper- tive American languages, except that any White Mountain Apache Tribe Water Rights
ating a Native American language resource materials collected by the center shall only Quantification Act of 2010 (Public Law 111–
center; and be materials provided by a Native American 291; 124 Stat. 3088; 133 Stat. 2669) is amend-
(2) staffing the center with individuals language program or Native American com- ed—
with relevant expertise and experience, in- munity; (A) in the matter preceding subparagraph
cluding staff who speak American Indian and (B) the development of optional distance (A), by striking ‘‘April 30, 2023’’ and inserting
Alaska Native languages and the Native Ha- learning curricula appropriate for preschool, ‘‘December 30, 2027’’; and
waiian language and have worked in lan- elementary school, secondary school, adult (B) in subparagraph (A), by striking ‘‘May
guage education in the American Indian and education, and postsecondary education; 1, 2023’’ and inserting ‘‘December 31, 2027’’.
Alaska Native languages and the Native Ha- (C) pedagogical training for Native Amer- (2) CONFORMING AMENDMENT.—Section
waiian language in a preschool, elementary ican language teachers; and 3(b)(2) of the White Mountain Apache Tribe
school, secondary school, adult education, or (D) other efforts necessary to continue Na- Rural Water System Loan Authorization Act
higher education program. tive American language acquisition through (Public Law 110–390; 122 Stat. 4191; 124 Stat.
(c) AUTHORIZED ACTIVITIES.—The Native distance learning; 3092) is amended by striking ‘‘beginning on’’
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American language resource center estab- (7) to provide technical assistance for Na- and all that follows through the period at
lished under subsection (b) shall carry out tive American communities and school sys- the end and inserting ‘‘beginning on Decem-
activities to— tems to develop Native American language ber 31, 2027.’’.
(1) improve the capacity to teach and learn medium education programs in preschool, el- (b) COST INDEXING.—Section 312(c) of the
Native American languages; ementary school, secondary school, or adult White Mountain Apache Tribe Water Rights
(2) further Native American language use education programs conducted through the Quantification Act of 2010 (Public Law 111–
and acquisition; medium of Native American languages; 291; 124 Stat. 3095) is amended by striking
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7315
‘‘All amounts made available under’’ and all 1626) is amended by striking subparagraph 70101(a) of the Infrastructure Investment and
that follows through the period at the end (B) and inserting the following: Jobs Act (25 U.S.C. 149(a)); or
and inserting the following: ‘‘(B) TRANSFERS TO FUND.—There is author- ‘‘(B) the Reclamation Water Settlements
‘‘(1) WHITE MOUNTAIN APACHE TRIBE WATER ized to be appropriated to the Secretary for Fund established by section 10501(a) of the
RIGHTS SETTLEMENT SUBACCOUNT.—All deposit in the WMAT Settlement Fund Omnibus Public Land Management Act of
amounts made available under subsection (a) $78,500,000.’’. 2009 (43 U.S.C. 407(a)).’’.
shall be adjusted as necessary to reflect the (e) CONVEYANCE OF TITLE TO TRIBE.—Sec- (j) OVERSIGHT AND ACCOUNTING.—Section
changes since October 1, 2007, in the con- tion 307(d)(2)(E) of the White Mountain 312 of the White Mountain Apache Tribe
struction cost indices applicable to the types Apache Tribe Water Rights Quantification Water Rights Quantification Act of 2010
of construction involved in the construction Act of 2010 (Public Law 111–291; 124 Stat. 3082; (Public Law 111–291; 124 Stat. 3093) is amend-
of the WMAT rural water system and the 132 Stat. 1626) is amended, in the matter pre- ed by adding at the end the following:
maintenance of the WMAT rural water sys- ceding clause (i), by striking ‘‘water sys- ‘‘(h) OVERSIGHT AND ACCOUNTING.—
tem. tem—’’ and all that follows through the pe- ‘‘(1) IN GENERAL.—Not later than 1 year
‘‘(2) WMAT SETTLEMENT FUND.—All riod at the end of clause (ii)(II) and inserting after the date of enactment of this sub-
amounts made available under subsection ‘‘water system is substantially complete, as section and annually thereafter, the Director
(b)(2) shall be adjusted annually to reflect determined by the Secretary in accordance of the Bureau shall submit to the Committee
the changes since October 1, 2007, in the con- with subsection (k).’’. on Indian Affairs of the Senate and the Com-
struction cost indices applicable to the types (f) REQUIREMENTS FOR DETERMINATION OF mittee on Natural Resources of the House of
of construction involved in the construction SUBSTANTIAL COMPLETION OF THE WMAT Representatives an annual report that de-
of the WMAT rural water system and the RURAL WATER SYSTEM.—Section 307 of the
scribes all expenditures, during the year cov-
maintenance of the WMAT rural water sys- White Mountain Apache Tribe Water Rights
ered by the report, from—
tem. Quantification Act of 2010 (Public Law 111–
‘‘(A) the WMAT Settlement Fund estab-
‘‘(3) WMAT MAINTENANCE FUND.—All 291; 124 Stat. 3080; 132 Stat. 1626) is amended
lished by subsection (b)(2)(A) and the WMAT
amounts made available under subsection by adding at the end the following:
‘‘(k) REQUIREMENTS FOR DETERMINATION OF Maintenance Fund established by subsection
(b)(3) shall be adjusted on deposit to reflect (b)(3)(A) (referred to in this subsection as the
SUBSTANTIAL COMPLETION OF THE WMAT
changes since October 1, 2007, in the Con- ‘Funds’); and
RURAL WATER SYSTEM.—The WMAT rural
sumer Price Index for All Urban Consumers ‘‘(B) the WMAT Cost Overrun Subaccount
water system shall be determined to be sub-
West Urban 50,000 to 1,500,000 published by established by subsection (e)(1) (referred to
stantially complete if—
the Bureau of Labor Statistics. in this subsection as the ‘Subaccount’).
‘‘(1) the infrastructure constructed is capa-
‘‘(4) WMAT COST OVERRUN SUBACCOUNT.—Of ‘‘(2) INCLUSIONS.—Each report under para-
ble of storing, diverting, treating, transmit-
the amounts made available under sub- graph (1) shall include, but not be limited to:
ting, and distributing a supply of water as
section (e)(2)— ‘‘(A) Progress and cost accounting on the
set forth in the final project design described
‘‘(A) $35,000,000 shall be adjusted as nec- planning, design and construction of the
in subsection (c); or
essary to reflect the changes since October 1, Miner Flat Dam and any additional water
‘‘(2) the Secretary—
2007, in the construction cost indices applica- supply facilities resulting from expenditures
‘‘(A) expended all of the available funding
ble to the types of construction involved in from the Funds and the Subaccount.
provided to construct the WMAT rural water
the construction of the WMAT rural water ‘‘(B) A cost accounting of the administra-
system; and
system and the maintenance of the WMAT tive expenses related to activities resulting
‘‘(B) despite diligent efforts, cannot com-
rural water system; and plete construction as described in the final from expenditures from the Funds and the
‘‘(B) additional funds, in excess of the project design described in subsection (c) due Subaccount.
amount referred to in subparagraph (A), solely to the lack of additional authorized ‘‘(C) A cost accounting of the environ-
shall be adjusted as necessary to reflect the funding.’’. mental regulatory and economic process re-
changes since April 1, 2021, in the construc- (g) REQUIREMENT.—Section 310(b) of the lated to activities resulting from expendi-
tion cost indices applicable to the types of White Mountain Apache Tribe Water Rights tures from the Funds and the Subaccount.
construction involved in the construction of Quantification Act of 2010 (Public Law 111– ‘‘(D) A projection of such costs described in
the WMAT rural water system and the main- 291; 124 Stat. 3090) is amended by adding at subparagraphs (A), (B), and (C) for the next
tenance of the WMAT rural water system. the end the following: fiscal year and specific goals and objectives
‘‘(5) CONSTRUCTION COSTS ADJUSTMENT.— ‘‘(3) EXPENDITURES.—If, before the enforce- for the next fiscal year.
The amounts made available under sub- ability date, Federal funds are expended to ‘‘(E) Whether those projections and spe-
sections (a), (b)(2), and (e)(2) shall be ad- carry out activities described in subpara- cific goals and objectives have been met and
justed to address construction cost changes graph (A) or (C) of paragraph (2) in excess of any barriers encountered in the last fiscal
necessary to account for unforeseen market the amounts provided pursuant to the White year.’’.
volatility that may not otherwise be cap- Mountain Apache Tribe Rural Water System ---
tured by engineering cost indices, as deter- Loan Authorization Act (Public Law 110–390; SA 6547. Mr. SCHATZ proposed an
mined by the Secretary, including repricing 122 Stat. 4191), such expenditures shall be ac- amendment to the bill S. 4104, to ap-
applicable to the types of construction and counted for as White Mountain Apache Tribe prove the settlement of water rights
current industry standards involved. Water Rights Settlement Subaccount
‘‘(6) PROHIBITION.—Notwithstanding any funds.’’.
claims of the Hualapai Tribe and cer-
other provision of law, after the enforce- (h) ENFORCEABILITY DATE EFFECTIVENESS.— tain allottees in the State of Arizona,
ability date, any increase in the amounts ap- Section 309(d)(1) of the White Mountain to authorize construction of a water
propriated under subsections (a)(1), (b)(3)(B), Apache Tribe Water Rights Quantification project relating to those water rights
and (e)(2)(A) because of cost indexing shall Act of 2010 (Public Law 111–291; 124 Stat. 3088; claims, and for other purposes; as fol-
not be available from funds in the Treasury 133 Stat. 2669) is amended— lows:
not otherwise appropriated. (1) by redesignating subparagraphs (D)
Strike all after the enacting clause and in-
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— through (G) as subparagraphs (E) through
sert the following:
There are authorized to be appropriated (H), respectively; and
SECTION 1. SHORT TITLE.
funding for the purposes provided in this sub- (2) by inserting after subparagraph (C) the
following: This Act may be cited as the ‘‘Hualapai
section.’’.
(c) FUNDING FOR WMAT COST OVERRUN ‘‘(D) such amount, up to the amount made Tribe Water Rights Settlement Act of 2022’’.
SUBACCOUNT.—Section 312(e)(2)(B) of the available under section 312(e)(2), as the Sec- SEC. 2. PURPOSES.
White Mountain Apache Tribe Water Rights retary determines to be necessary to con- The purposes of this Act are—
Quantification Act of 2010 (Public Law 111– struct the WMAT rural water system that is (1) to resolve, fully and finally, all claims
291; 124 Stat. 3095) is amended by striking capable of storing, diverting, treating, trans- to rights to water in the State, including the
‘‘$11,000,000’’ and inserting ‘‘$541,000,000’’. mitting, and distributing a supply of water Verde River, the Bill Williams River, and the
(d) RETURN TO TREASURY.— as set forth in the final project design de- Colorado River, of—
(1) IN GENERAL.—Section 312(e)(4)(B) of the scribed in section 307(c) has been deposited in (A) the Hualapai Tribe, on behalf of the
White Mountain Apache Tribe Water Rights the WMAT Cost Overrun Subaccount;’’. Hualapai Tribe and the members of the
Quantification Act of 2010 (Public Law 111– (i) PROHIBITION.—Section 312(e) of the Hualapai Tribe; and
291; 124 Stat. 3096) is amended, in the matter White Mountain Apache Tribe Water Rights (B) the United States, acting as trustee for
preceding clause (i), by striking ‘‘shall be—’’ Quantification Act of 2010 (Public Law 111– the Hualapai Tribe, the members of the
and all that follows through the period at 291; 124 Stat. 3095) is amended by adding at Hualapai Tribe, and the allottees;
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the end of clause (ii) and inserting ‘‘shall be the end the following: (2) to authorize, ratify, and confirm the
returned to the general fund of the Treas- ‘‘(5) PROHIBITION.—Notwithstanding any Hualapai Tribe water rights settlement
ury.’’. other provision of law, any amounts made agreement, to the extent that agreement is
(2) CONFORMING AMENDMENT.—Section available under paragraph (2)(B) shall not be consistent with this Act;
312(b)(2) of the White Mountain Apache Tribe made available from— (3) to authorize and direct the Secretary to
Water Rights Quantification Act of 2010 ‘‘(A) the Indian Water Rights Settlement execute and perform the duties and obliga-
(Public Law 111–291; 124 Stat. 3093; 132 Stat. Completion Fund established by section tions of the Secretary under the Hualapai
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S7316 CONGRESSIONAL RECORD — SENATE December 19, 2022
Tribe water rights settlement agreement and within the available CAP supply having a (27) DIVERSION.—The term ‘‘diversion’’
this Act; and municipal and industrial delivery priority. means an act to divert.
(4) to authorize the appropriation of funds (14) CAP NIA PRIORITY WATER.—The term (28) DIVERT.—The term ‘‘divert’’ means to
necessary to carry out the Hualapai Tribe ‘‘CAP NIA priority water’’ means water receive, withdraw, develop, produce, or cap-
water rights settlement agreement and this within the available CAP supply having a ture water using—
Act. non-Indian agricultural delivery priority. (A) a ditch, canal, flume, bypass, pipeline,
SEC. 3. DEFINITIONS. (15) CAP OPERATING AGENCY.—The term pit, collection or infiltration gallery, con-
In this Act: ‘‘CAP operating agency’’ means— duit, well, pump, turnout, dam, or any other
(1) 1947 JUDGMENT.—The term ‘‘1947 Judg- (A) the 1 or more entities authorized to as- mechanical device; or
ment’’ means the Judgment and the Stipula- sume responsibility for the care, operation, (B) any other act of man.
tion and Agreement, including exhibits to maintenance, and replacement of the CAP (29) DOMESTIC PURPOSE.—
the Judgment and the Stipulation and system; and (A) IN GENERAL.—The term ‘‘domestic pur-
Agreement, entered on March 13, 1947, in (B) as of the date of enactment of this Act, pose’’ means any use relating to the supply,
United States v. Santa Fe Pac. R.R. Co., No. the Central Arizona Water Conservation Dis- service, or activity of a household or private
E–190 (D. Ariz.) and attached to the Hualapai trict. residence.
(16) CAP PUMPING ENERGY CHARGE.—The (B) INCLUSIONS.—The term ‘‘domestic pur-
Tribe water rights settlement agreement as
term ‘‘CAP pumping energy charge’’ has the pose’’ includes the application of water to
Exhibit 3.1.1.
meaning given the term ‘‘Pumping Energy not more than 2 acres of land to produce a
(2) AFY.—The term ‘‘AFY’’ means acre-
Charge’’ in the CAP repayment stipulation.
feet per year. plant or parts of a plant for—
(17) CAP REPAYMENT CONTRACT.—The term
(3) ALLOTMENT.—The term ‘‘allotment’’ (i) sale or human consumption; or
‘‘CAP repayment contract’’ means—
means any of the 4 off-reservation parcels (ii) use as feed for livestock, range live-
(A) the contract dated December 1, 1988
that are— stock, or poultry.
(Contract No. 14–06–W–245, Amendment No.
(A) held in trust by the United States for (30) EFFLUENT.—The term ‘‘effluent’’
1), between the United States and the Cen-
individual Indians in the Big Sandy River means water that—
tral Arizona Water Conservation District for
basin in Mohave County, Arizona, under the (A) has been used in the State for domes-
the Delivery of Water and Repayment of
patents numbered 1039995, 1039996, 1039997, Costs of the Central Arizona Project; and tic, municipal, or industrial purposes, other
and 1019494; and (B) any amendment to, or revision of, that than solely for hydropower generation; and
(B) identified as Parcels 1A, 1B, 1C, and 2 contract. (B) is available for reuse for any purpose,
on the map attached to the Hualapai Tribe (18) CAP REPAYMENT STIPULATION.—The regardless or whether the water has been
water rights settlement agreement as Ex- term ‘‘CAP repayment stipulation’’ means treated to improve the quality of the water.
hibit 3.1.6. the Stipulated Judgment and the Stipulation (31) ENFORCEABILITY DATE.—The term ‘‘En-
(4) ALLOTTEE.—The term ‘‘allottee’’ means for Judgment, including any exhibits to forceability Date’’ means the date described
any Indian owner of an allotment. those documents, entered on November 21, in section 14(a).
(5) AVAILABLE CAP SUPPLY.—The term 2007, in the United States District Court for (32) EXCHANGE.—The term ‘‘exchange’’
‘‘available CAP supply’’ means, for any the District of Arizona in the consolidated means a trade between 1 or more persons of
year— civil action Central Arizona Water Conserva- any water for any other water, if each person
(A) all fourth priority water available for tion District v. United States, numbered CIV has a right or claim to use the water the per-
delivery through the Central Arizona 95–625–TUC–WDB (EHC) and CIV 95–1720– son provides in the trade, regardless of
Project; PHX–EHC. whether the water is traded in equal quan-
(B) water available from Central Arizona (19) CAP SUBCONTRACT.—The term ‘‘CAP tities or other consideration is included in
Project dams and reservoirs other than the subcontract’’ means a long-term subcontract the trade.
Modified Roosevelt Dam; and (as defined in the CAP repayment stipula- (33) FOURTH PRIORITY WATER.—The term
(C) return flows captured by the Secretary tion) with the United States and the Central ‘‘fourth priority water’’ means Colorado
for Central Arizona Project use. Arizona Water Conservation District for the River water that is available for delivery in
(6) BILL WILLIAMS ACT.—The term ‘‘Bill delivery of CAP water through the CAP sys- the State for the satisfaction of entitle-
Williams Act’’ means the Bill Williams River tem. ments—
Water Rights Settlement Act of 2014 (Public (20) CAP SUBCONTRACTOR.—The term ‘‘CAP (A) in accordance with contracts, Secre-
Law 113–223; 128 Stat. 2096). subcontractor’’ means a person that has en- tarial reservations, perfected rights, and
(7) BILL WILLIAMS AGREEMENTS.—The term tered into a CAP subcontract. other arrangements between the United
‘‘Bill Williams agreements’’ means the (21) CAP SYSTEM.—The term ‘‘CAP system’’ States and water users in the State entered
Amended and Restated Big Sandy River- means— into or established after September 30, 1968,
Planet Ranch Water Rights Settlement (A) the Mark Wilmer Pumping Plant; for use on Federal, State, or privately owned
Agreement and the Amended and Restated (B) the Hayden-Rhodes Aqueduct; land in the State, in a total quantity of not
Hualapai Tribe Bill Williams River Water (C) the Fannin-McFarland Aqueduct; greater than 164,652 AFY of diversions; and
Rights Settlement Agreement, including all (D) the Tucson Aqueduct; (B) after first providing for the delivery of
exhibits to each agreement, copies of which (E) any pumping plant or appurtenant Colorado River water for the CAP system,
(excluding exhibits) are attached to the work of a feature described in subparagraph including for use on Indian land, under sec-
Hualapai Tribe water rights settlement (A), (B), (C), or (D); and tion 304(e) of the Colorado River Basin
agreement as Exhibit 3.1.11. (F) any extension of, addition to, or re- Project Act (43 U.S.C. 1524(e)), in accordance
(8) BILL WILLIAMS RIVER PHASE 2 ENFORCE- placement for a feature described in subpara- with the CAP repayment contract.
ABILITY DATE.—The term ‘‘Bill Williams graph (A), (B), (C), (D), or (E). (34) FREEPORT.—
River Phase 2 Enforceability Date’’ means (22) CAP WATER.—The term ‘‘CAP water’’ (A) IN GENERAL.—The term ‘‘Freeport’’
the date described in section 14(d). has the meaning given the term ‘‘Project means the Delaware corporation named
(9) BILL WILLIAMS RIVER PHASE 2 WATER Water’’ in the CAP repayment stipulation. ‘‘Freeport Minerals Corporation’’.
RIGHTS SETTLEMENT AGREEMENT.—The term (23) CENTRAL ARIZONA PROJECT.—The term (B) INCLUSIONS.—The term ‘‘Freeport’’ in-
‘‘Bill Williams River phase 2 water rights ‘‘Central Arizona Project’’ means the rec- cludes all subsidiaries, affiliates, successors,
settlement agreement’’ means the agree- lamation project authorized and constructed and assigns of Freeport Minerals Corpora-
ment of that name that is attached to, and by the United States in accordance with title tion, including Byner Cattle Company, a Ne-
incorporated in, the Hualapai Tribe water III of the Colorado River Basin Project Act vada corporation.
rights settlement agreement as Exhibit 4.3.3. (43 U.S.C. 1521 et seq.). (35) GILA RIVER ADJUDICATION.—The term
(10) CAP CONTRACT.—The term ‘‘CAP con- (24) CENTRAL ARIZONA WATER CONSERVATION ‘‘Gila River adjudication’’ means the action
tract’’ means a long-term contract (as de- DISTRICT.—The term ‘‘Central Arizona Water pending in the Superior Court of the State,
fined in the CAP repayment stipulation) Conservation District’’ means the political in and for the County of Maricopa, In Re the
with the United States for delivery of CAP subdivision of the State that is the con- General Adjudication of All Rights To Use
water through the CAP system. tractor under the CAP repayment contract. Water In The Gila River System and Source,
(11) CAP CONTRACTOR.— (25) COLORADO RIVER COMPACT.—The term W–1 (Salt), W–2 (Verde), W–3 (Upper Gila), W–
(A) IN GENERAL.—The term ‘‘CAP con- ‘‘Colorado River Compact’’ means the Colo- 4 (San Pedro) (Consolidated).
tractor’’ means a person that has entered rado River Compact of 1922, as ratified and (36) GILA RIVER ADJUDICATION COURT.—The
into a CAP contract. reprinted in article 2 of chapter 7 of title 45, term ‘‘Gila River adjudication court’’ means
(B) INCLUSION.—The term ‘‘CAP con- Arizona Revised Statutes. the Superior Court of the State, in and for
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tractor’’ includes the Hualapai Tribe. (26) COLORADO RIVER WATER ENTITLEMENT.— the County of Maricopa, exercising jurisdic-
(12) CAP FIXED OM&R CHARGE.—The term The term ‘‘Colorado River water entitle- tion over the Gila River adjudication.
‘‘CAP fixed OM&R charge’’ has the meaning ment’’ means the right or authorization to (37) GILA RIVER ADJUDICATION DECREE.—The
given the term ‘‘Fixed OM&R Charge’’ in the use Colorado River water in the State term ‘‘Gila River adjudication decree’’
CAP repayment stipulation. through a mainstem contract with the Sec- means the judgment or decree entered by the
(13) CAP M&I PRIORITY WATER.—The term retary pursuant to section 5 of the Boulder Gila River adjudication court in substan-
‘‘CAP M&I priority water’’ means water Canyon Project Act (43 U.S.C. 617d). tially the same form as the form of judgment
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7317
attached to the Hualapai Tribe water rights (B) as of the Enforceability Date, held in (64) WATER.—The term ‘‘water’’, when used
settlement agreement as Exhibit 3.1.43. trust by the United States for the benefit of without a modifying adjective, means—
(38) GROUNDWATER.—The term ‘‘ground- the Hualapai Tribe. (A) groundwater;
water’’ means all water beneath the surface (47) HUALAPAI WATER PROJECT.—The term (B) surface water;
of the Earth within the State that is not— ‘‘Hualapai Water Project’’ means the project (C) effluent; and
(A) surface water; constructed in accordance with section (D) Colorado River water.
(B) effluent; or 6(a)(7)(A). (65) WATER RIGHT.—The term ‘‘water right’’
(C) Colorado River water. (48) HUALAPAI WATER TRUST FUND AC- means any right in or to groundwater, sur-
(39) HUALAPAI FEE LAND.—The term COUNT.—The term ‘‘Hualapai Water Trust face water, effluent, or Colorado River water
‘‘Hualapai fee land’’ means land, other than Fund Account’’ means the account estab- under Federal, State, or other law.
Hualapai trust land, that— lished under section 6(a)(1). SEC. 4. RATIFICATION AND EXECUTION OF
(49) INDIAN TRIBE.—The term ‘‘Indian HUALAPAI TRIBE WATER RIGHTS
(A) is located in the State; SETTLEMENT AGREEMENT.
(B) is located outside the exterior bound- Tribe’’ has the meaning given the term in
(a) RATIFICATION.—
aries of the Hualapai Reservation or section 4 of the Indian Self-Determination
(1) IN GENERAL.—Except as modified by this
Hualapai trust land; and and Education Assistance Act (25 U.S.C.
Act and to the extent the Hualapai Tribe
(C) as of the Enforceability Date, is owned 5304). water rights settlement agreement does not
by the Hualapai Tribe, including by a trib- (50) INJURY TO WATER RIGHTS.— conflict with this Act, the Hualapai Tribe
ally owned corporation. (A) IN GENERAL.—The term ‘‘injury to water rights settlement agreement is au-
(40) HUALAPAI LAND.—The term ‘‘Hualapai water rights’’ means any interference with, thorized, ratified, and confirmed.
land’’ means— diminution of, or deprivation of, a water (2) AMENDMENTS.—If an amendment to the
(A) the Hualapai Reservation; right under Federal, State, or other law. Hualapai Tribe water rights settlement
(B) Hualapai trust land; and (B) EXCLUSION.—The term ‘‘injury to water agreement, or to any exhibit attached to the
(C) Hualapai fee land. rights’’ does not include any injury to water Hualapai Tribe water rights settlement
(41) HUALAPAI RESERVATION.—The term quality. agreement requiring the signature of the
‘‘Hualapai Reservation’’ means the land (51) LOWER BASIN.—The term ‘‘lower basin’’ Secretary, is executed in accordance with
within the exterior boundaries of the has the meaning given the term in article this Act to make the Hualapai Tribe water
Hualapai Reservation, including— II(g) of the Colorado River Compact. rights settlement agreement consistent with
(A) all land withdrawn by the Executive (52) LOWER COLORADO RIVER BASIN DEVELOP- this Act, the amendment is authorized, rati-
order dated January 4, 1883, as modified by MENT FUND.—The term ‘‘Lower Colorado fied, and confirmed, to the extent the amend-
the May 28, 1942, order of the Secretary pur- River Basin Development Fund’’ means the ment is consistent with this Act.
suant to the Act of February 20, 1925 (43 Stat. fund established by section 403(a) of the Col- (b) EXECUTION.—
954, chapter 273); orado River Basin Project Act (43 U.S.C. (1) IN GENERAL.—To the extent the
(B) the land identified by the Executive or- 1543(a)). Hualapai Tribe water rights settlement
ders dated December 22, 1898, May 14, 1900, (53) MEMBER.—The term ‘‘member’’ means agreement does not conflict with this Act,
and June 2, 1911; and any person duly enrolled as a member of the the Secretary shall execute the Hualapai
(C) the land added to the Hualapai Res- Hualapai Tribe. Tribe water rights settlement agreement, in-
ervation by sections 11 and 12. (54) OM&R.—The term ‘‘OM&R’’ means— cluding all exhibits to, or parts of, the
(42) HUALAPAI TRIBE.—The term ‘‘Hualapai (A) any recurring or ongoing activity re- Hualapai Tribe water rights settlement
Tribe’’ means the Hualapai Tribe, a federally lating to the day-to-day operation of a agreement requiring the signature of the
recognized Indian Tribe of Hualapai Indians project; Secretary.
organized under section 16 of the Act of June (B) any activity relating to scheduled or (2) MODIFICATIONS.—Nothing in this Act
unscheduled maintenance of a project; and prohibits the Secretary from approving any
18, 1934 (25 U.S.C. 5123) (commonly known as
(C) any activity relating to replacing a fea- modification to an appendix or exhibit to the
the ‘‘Indian Reorganization Act’’).
ture of a project. Hualapai Tribe water rights settlement
(43) HUALAPAI TRIBE CAP WATER.—The term
(55) PARCEL 1.—The term ‘‘Parcel 1’’ means agreement that is consistent with this Act,
‘‘Hualapai Tribe CAP water’’ means the 4,000
the parcel of land that is— to the extent the modification does not oth-
AFY of the CAP NIA priority water that—
(A) depicted as 3 contiguous allotments erwise require congressional approval under
(A) was previously allocated to non-Indian
identified as 1A, 1B, and 1C on the map at- section 2116 of the Revised Statutes (25
agricultural entities;
tached to the Hualapai Tribe water rights U.S.C. 177) or any other applicable provision
(B) was retained by the Secretary for re-
settlement agreement as Exhibit 3.1.6; and of Federal law.
allocation to Indian Tribes in the State pur-
(B) held in trust for certain allottees. (c) ENVIRONMENTAL COMPLIANCE.—
suant to section 104(a)(1)(A)(iii) of the Cen-
(56) PARCEL 2.—The term ‘‘Parcel 2’’ means (1) IN GENERAL.—In implementing the
tral Arizona Project Settlement Act of 2004 the parcel of land that is— Hualapai Tribe water rights settlement
(Public Law 108–451; 118 Stat. 3487); and (A) depicted as ‘‘Parcel 2’’ on the map at- agreement (including all exhibits to the
(C) is reallocated to the Hualapai Tribe tached to the Hualapai Tribe water rights Hualapai Tribe water rights settlement
pursuant to section 13. settlement agreement as Exhibit 3.1.6; and agreement requiring the signature of the
(44) HUALAPAI TRIBE WATER DELIVERY CON- (B) held in trust for certain allottees. Secretary) and this Act, the Secretary shall
TRACT.—The term ‘‘Hualapai Tribe water de-
(57) PARCEL 3.—The term ‘‘Parcel 3’’ means comply with all applicable provisions of—
livery contract’’ means the contract entered the parcel of land that is— (A) the Endangered Species Act of 1973 (16
into in accordance with the Hualapai Tribe (A) depicted as ‘‘Parcel 3’’ on the map at- U.S.C. 1531 et seq.);
water rights settlement agreement and sec- tached to the Hualapai Tribe water rights (B) the National Environmental Policy Act
tion 13(c) for the delivery of Hualapai Tribe settlement agreement as Exhibit 3.1.6; of 1969 (42 U.S.C. 4321 et seq.), including the
CAP water. (B) held in trust for the Hualapai Tribe; implementing regulations of that Act; and
(45) HUALAPAI TRIBE WATER RIGHTS SETTLE- and (C) all other applicable Federal environ-
MENT AGREEMENT.— (C) part of the Hualapai Reservation pursu- mental laws and regulations.
(A) IN GENERAL.—The term ‘‘Hualapai ant to Executive Order 1368, dated June 2, (2) COMPLIANCE.—
Tribe water rights settlement agreement’’ 1911. (A) IN GENERAL.—In implementing the
means the agreement, including exhibits, en- (58) PARTY.—The term ‘‘party’’ means a Hualapai Tribe water rights settlement
titled ‘‘Hualapai Tribe Water Rights Settle- person that is a signatory to the Hualapai agreement and this Act, the Hualapai Tribe
ment Agreement’’ and dated February 11, Tribe water rights settlement agreement. shall prepare any necessary environmental
2019. (59) SECRETARY.—The term ‘‘Secretary’’ documents, consistent with all applicable
(B) INCLUSIONS.—The term ‘‘Hualapai Tribe means the Secretary of the Interior. provisions of—
water rights settlement agreement’’ in- (60) STATE.—The term ‘‘State’’ means the (i) the Endangered Species Act of 1973 (16
cludes— State of Arizona. U.S.C. 1531 et seq.);
(i) any amendments necessary to make the (61) STOCK WATERING.—The term ‘‘stock (ii) the National Environmental Policy Act
Hualapai Tribe water rights settlement watering’’ means the watering of livestock, of 1969 (42 U.S.C. 4321 et seq.), including the
agreement consistent with this Act; and range livestock, or poultry. implementing regulations of that Act; and
(ii) any other amendments approved by the (62) SURFACE WATER.—The term ‘‘surface (iii) all other applicable Federal environ-
parties to the Hualapai Tribe water rights water’’ means all water in the State that is mental laws and regulations.
settlement agreement and the Secretary. appropriable under State law. (B) AUTHORIZATIONS.—The Secretary
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(46) HUALAPAI TRUST LAND.—The term (63) TRUXTON BASIN.—The term ‘‘Truxton shall—
‘‘Hualapai trust land’’ means land, other Basin’’ means the groundwater aquifer de- (i) independently evaluate the documenta-
than Hualapai fee land, that is— scribed in the report issued by the United tion submitted under subparagraph (A); and
(A) located— States Geological Survey entitled ‘‘Ground- (ii) be responsible for the accuracy, scope,
(i) in the State; and water Availability in the Truxton Basin, and contents of that documentation.
(ii) outside the exterior boundaries of the Northwestern Arizona’’, Scientific Investiga- (3) EFFECT OF EXECUTION.—The execution of
Hualapai Reservation; and tions Report No. 2020–5017–A. the Hualapai Tribe water rights settlement
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S7318 CONGRESSIONAL RECORD — SENATE December 19, 2022
agreement by the Secretary under this sec- the Hualapai Reservation, in accordance credited to amounts held in the Hualapai
tion shall not constitute a major action for with the Hualapai Tribe water rights settle- Water Trust Fund Account are authorized to
purposes of the National Environmental Pol- ment agreement and all applicable Federal be appropriated to be used in accordance
icy Act of 1969 (42 U.S.C. 4321 et seq.). and State laws governing the transfer of Col- with paragraph (7).
SEC. 5. WATER RIGHTS. orado River water entitlements within the (4) AVAILABILITY OF AMOUNTS.—
(a) WATER RIGHTS TO BE HELD IN TRUST.— State. (A) IN GENERAL.—Amounts appropriated to,
(1) HUALAPAI TRIBE.—The United States (4) LEASES.—The Hualapai Tribe may lease and deposited in, the Hualapai Water Trust
shall hold the following water rights in trust any Colorado River water entitlement for Fund Account, including any investment
for the benefit of the Hualapai Tribe: use or storage under paragraph (1) or (2), re- earnings, shall be made available to the
(A) The water rights for the Hualapai Res- spectively, to a water user within the State, Hualapai Tribe by the Secretary beginning
ervation described in subparagraph 4.2 of the in accordance with the Hualapai Tribe water on the Enforceability Date, subject to the re-
Hualapai Tribe water rights settlement rights settlement agreement and all applica- quirements of this section.
agreement. ble Federal and State laws governing the (B) USE.—Notwithstanding subparagraph
(B) The water rights for Hualapai trust transfer of Colorado River water entitle- (A), amounts deposited in the Hualapai
land described in subparagraph 4.4 of the ments within the State. Water Trust Fund Account shall be available
(5) TRANSPORTS.—The Hualapai Tribe, or to the Hualapai Tribe on the date on which
Hualapai Tribe water rights settlement
any person who leases a Colorado River the amounts are deposited for environmental
agreement.
water entitlement from the Hualapai Tribe compliance, as provided in section 8.
(C) The water rights described in section
under paragraph (4), may transport Colorado (5) WITHDRAWALS.—
12(e)(2) for any land taken into trust by the
River water available under the Colorado (A) WITHDRAWALS UNDER THE AMERICAN IN-
United States for the benefit of the Hualapai
River water entitlement through the Central DIAN TRUST FUND MANAGEMENT REFORM ACT
Tribe—
Arizona Project in accordance with all laws OF 1994.—
(i) after the Enforceability Date; and
of the United States and the agreements be- (i) IN GENERAL.—The Hualapai Tribe may
(ii) in accordance with section 12(e)(1).
tween the United States and the Central Ari- withdraw any portion of the amounts in the
(D) All Hualapai Tribe CAP water.
zona Water Conservation District governing Hualapai Water Trust Fund Account on ap-
(2) ALLOTTEES.—The United States shall proval by the Secretary of a Tribal manage-
hold in trust for the benefit of the allottees the use of the Central Arizona Project to
transport water other than CAP water. ment plan submitted by the Tribe in accord-
all water rights for the allotments described ance with the American Indian Trust Fund
in subparagraph 4.3.2 of the Hualapai Tribe (f) USE OFF-RESERVATION.—No water rights
to groundwater under the Hualapai Reserva- Management Reform Act of 1994 (25 U.S.C.
water rights settlement agreement. 4001 et seq.).
(b) FORFEITURE AND ABANDONMENT.—The tion or Hualapai trust land, or to surface
water on the Hualapai Reservation or (ii) REQUIREMENTS.—In addition to the re-
following water rights shall not be subject to quirements under the American Indian Trust
Hualapai trust land, may be sold, leased,
loss through non-use, forfeiture, abandon- Fund Management Reform Act of 1994 (25
transferred, or used outside the boundaries
ment, or other operation of law: U.S.C. 4001 et seq.), the Tribal management
of the Hualapai Reservation or Hualapai
(1) The water rights for the Hualapai Res- plan under this subparagraph shall require
trust land, other than under an exchange.
ervation described in subparagraph 4.2 of the (g) GROUNDWATER TRANSPORTATION.— that the Hualapai Tribe spend all amounts
Hualapai Tribe water rights settlement (1) FEE LAND.—Groundwater may be trans- withdrawn from the Hualapai Water Trust
agreement. ported in accordance with State law away Fund Account and any investment earnings
(2) The water rights for Hualapai trust from Hualapai fee land and away from land accrued through the investments under the
land described in subparagraph 4.4 of the acquired in fee by the Hualapai Tribe, in- Tribal management plan in accordance with
Hualapai Tribe water rights settlement cluding by a tribally owned corporation, this Act.
agreement. after the Enforceability Date. (iii) ENFORCEMENT.—The Secretary may
(3) Any Colorado River water entitlement (2) LAND ADDED TO HUALAPAI RESERVA- carry out such judicial and administrative
purchased by the Hualapai Tribe wholly or TION.—Groundwater may be transported in actions as the Secretary determines to be
substantially with amounts in the Economic accordance with State law away from land necessary to enforce the Tribal management
Development Fund described in section 8.1 of added to the Hualapai Reservation by sec- plan under this subparagraph to ensure that
the Amended and Restated Hualapai Tribe tions 11 and 12 to other land within the amounts withdrawn by the Hualapai Tribe
Bill Williams River Water Rights Settlement Hualapai Reservation. from the Hualapai Water Trust Fund Ac-
Agreement. SEC. 6. HUALAPAI WATER TRUST FUND AC- count under clause (i) are used in accordance
(c) ALIENATION.—Any Colorado River water COUNT; CONSTRUCTION OF with this Act.
entitlement purchased by the Hualapai Tribe HUALAPAI WATER PROJECT; FUND- (B) WITHDRAWALS UNDER EXPENDITURE
wholly or substantially with amounts in the ING. PLAN.—
Economic Development Fund described in (a) HUALAPAI WATER TRUST FUND AC- (i) IN GENERAL.—The Hualapai Tribe may
section 8.1 of the Amended and Restated COUNT.— submit to the Secretary a request to with-
Hualapai Tribe Bill Williams River Water (1) ESTABLISHMENT.—The Secretary shall draw funds from the Hualapai Water Trust
Rights Settlement Agreement shall be re- establish a trust fund account, to be known Fund Account pursuant to an approved ex-
stricted against permanent alienation by the as the ‘‘Hualapai Water Trust Fund Ac- penditure plan.
Hualapai Tribe. count’’, to be managed, invested, and distrib- (ii) REQUIREMENTS.—To be eligible to with-
(d) HUALAPAI TRIBE CAP WATER.—The uted by the Secretary and to remain avail- draw amounts under an expenditure plan
Hualapai Tribe shall have the right to divert, able until expended, withdrawn, or reverted under this subparagraph, the Hualapai Tribe
use, and store the Hualapai Tribe CAP water to the general fund of the Treasury, con- shall submit to the Secretary an expenditure
in accordance with section 13. sisting of the amounts deposited in the plan for any portion of the Hualapai Water
(e) COLORADO RIVER WATER ENTITLE- Hualapai Water Trust Fund Account under Trust Fund Account that the Hualapai Tribe
MENTS.— paragraph (2), together with any interest elects to withdraw pursuant to this subpara-
(1) USES.—The Hualapai Tribe shall have earned on those amounts, for the purposes of graph, subject to the condition that the
the right to use any Colorado River water carrying out this Act. amounts shall be used for the purposes de-
entitlement purchased by or donated to the (2) DEPOSITS.—The Secretary shall deposit scribed in this Act.
Hualapai Tribe at the location to which the in the Hualapai Water Trust Fund Account (iii) INCLUSIONS.—An expenditure plan
entitlement is appurtenant on the date on the amounts made available pursuant to sec- under this subparagraph shall include a de-
which the entitlement is purchased or do- tion 7(a)(1). scription of the manner and purpose for
nated. (3) MANAGEMENT AND INTEREST.— which the amounts proposed to be withdrawn
(2) STORAGE.— (A) MANAGEMENT.—On receipt and deposit from the Hualapai Water Trust Fund Ac-
(A) IN GENERAL.—Subject to paragraphs (3) of funds into the Hualapai Water Trust Fund count will be used by the Hualapai Tribe, in
and (5), the Hualapai Tribe may store Colo- Account, the Secretary shall manage, invest, accordance with paragraph (7).
rado River water available under any Colo- and distribute all amounts in the Hualapai (iv) APPROVAL.—The Secretary shall ap-
rado River water entitlement purchased by Water Trust Fund Account in a manner that prove an expenditure plan submitted under
or donated to the Hualapai Tribe at under- is consistent with the investment authority clause (ii) if the Secretary determines that
ground storage facilities or groundwater sav- of the Secretary under— the plan—
ings facilities located within the State and (i) the first section of the Act of June 24, (I) is reasonable; and
in accordance with State law. 1938 (25 U.S.C. 162a); (II) is consistent with, and will be used for,
(B) ASSIGNMENTS.—The Hualapai Tribe (ii) the American Indian Trust Fund Man- the purposes of this Act.
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may assign any long-term storage credits ac- agement Reform Act of 1994 (25 U.S.C. 4001 et (v) ENFORCEMENT.—The Secretary may
crued as a result of storage under subpara- seq.); and carry out such judicial and administrative
graph (A) in accordance with State law. (iii) this subsection. actions as the Secretary determines to be
(3) TRANSFERS.—The Hualapai Tribe may (B) INVESTMENT EARNINGS.—In addition to necessary to enforce an expenditure plan to
transfer the entitlement for use or storage the deposits made to the Hualapai Water ensure that amounts disbursed under this
under paragraph (1) or (2), respectively, to Trust Fund Account under paragraph (2), any subparagraph are used in accordance with
another location within the State, including investment earnings, including interest, this Act.
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7319
(6) EFFECT.—Nothing in this section gives (b) HUALAPAI WATER SETTLEMENT IMPLE- (2) the National Environmental Policy Act
the Hualapai Tribe the right to judicial re- MENTATION FUND ACCOUNT.— of 1969 (42 U.S.C. 4321 et seq.), including the
view of a determination of the Secretary re- (1) ESTABLISHMENT.—There is established implementing regulations of that Act; and
lating to whether to approve a Tribal man- in the Treasury of the United States a (3) all other applicable Federal environ-
agement plan under paragraph (5)(A) or an nontrust, interest-bearing account, to be mental or historical and cultural protection
expenditure plan under paragraph (5)(B) ex- known as the ‘‘Hualapai Water Settlement laws and regulations.
cept under subchapter II of chapter 5, and Implementation Fund Account’’ (referred to (b) NO EFFECT ON OUTCOME.—Nothing in
chapter 7, of title 5, United States Code in this subsection as the ‘‘Implementation this Act affects or directs the outcome of
(commonly known as the ‘‘Administrative Fund Account’’) to be managed and distrib- any analysis under the National Environ-
Procedure Act’’). uted by the Secretary, for use by the Sec- mental Policy Act of 1969 (42 U.S.C. 4321 et
(7) USES.—Amounts from the Hualapai retary for carrying out this Act. seq.) or any other applicable Federal envi-
Water Trust Fund Account shall be used by (2) DEPOSITS.—The Secretary shall deposit ronmental or historical and cultural protec-
in the Implementation Fund Account the tion law.
the Hualapai Tribe—
amounts made available pursuant to section (c) COMPLIANCE COSTS.—Any costs associ-
(A) to plan, design, construct, and conduct ated with the performance of the compliance
related activities, including compliance with 7(a)(2).
activities under subsection (a) shall be paid
Federal environmental laws under section 8, (3) USES.—The Implementation Fund Ac-
from funds deposited in the Hualapai Water
the Hualapai Water Project, which shall be count shall be used by the Secretary to carry
Trust Fund Account, subject to the condi-
designed to divert, treat, and convey up to out section 15(c), including for groundwater
tion that any costs associated with the per-
3,414 AFY of water from the Colorado River monitoring in the Truxton Basin. formance of Federal approval or other review
in the lower basin in the State, including lo- (4) INTEREST.—In addition to the deposits of such compliance work or costs associated
cations on or directly adjacent to the under paragraph (2), any investment earn- with inherently Federal functions shall re-
Hualapai Reservation, for municipal, com- ings, including interest, credited to amounts main the responsibility of the Secretary.
mercial, and industrial uses on the Hualapai unexpended in the Implementation Fund Ac- (d) RECORD OF DECISION.—Construction of
Reservation; count are authorized to be appropriated to be the Hualapai Water Project shall not com-
(B) to perform OM&R on the Hualapai used in accordance with paragraph (3). mence until the Secretary issues a record of
Water Project; SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. decision after completion of an environ-
(C) to construct facilities to transport (a) AUTHORIZATIONS.— mental impact statement for the Hualapai
electrical power to pump water for the (1) HUALAPAI WATER TRUST FUND ACCOUNT.— Water Project.
Hualapai Water Project; There is authorized to be appropriated to the (e) CONSTRUCTION COSTS.—Any costs of con-
(D) to construct, repair, and replace such Secretary for deposit in the Hualapai Water struction incurred by the Hualapai Tribe
infrastructure as may be necessary for Trust Fund Account $312,000,000, to be avail- during the period beginning on the date on
groundwater wells on the Hualapai Reserva- able until expended, withdrawn, or reverted which the Secretary issues a record of deci-
tion and to construct infrastructure for de- to the general fund of the Treasury. sion and ending on the Enforceability Date
livery and use of such groundwater on the (2) HUALAPAI WATER SETTLEMENT IMPLE- shall be paid by the Hualapai Tribe and not
Hualapai Reservation; MENTATION FUND ACCOUNT.—There is author- from funds deposited in the Hualapai Water
(E) to acquire land, interests in land, and ized to be appropriated to the Secretary for Trust Fund Account, subject to the condi-
water rights outside the exterior boundaries deposit in the Hualapai Water Settlement tion that, pursuant to section 6(a)(7)(F), the
Implementation Fund account established Hualapai Tribe may be reimbursed after the
of the Hualapai Reservation that are located
by section 6(b)(1) $5,000,000. Enforceability Date from the Hualapai
in the Truxton Basin;
(3) PROHIBITION.—Notwithstanding any Water Trust Fund Account for any such
(F) to reimburse the Hualapai Tribe for
other provision of law, any amounts made costs of construction incurred by the
any—
available under paragraph (1) or (2) shall not Hualapai Tribe prior to the Enforceability
(i) planning, design, and engineering costs Date.
associated with the Hualapai Water Project be made available from the Reclamation
SEC. 9. WAIVERS, RELEASES, AND RETENTIONS
that the Hualapai Tribe incurs using Tribal Water Settlements Fund established by sec- OF CLAIMS.
funds during the period— tion 10501(a) of the Omnibus Public Land
(a) WAIVERS AND RELEASES OF CLAIMS BY
(I) beginning on the date of enactment of Management Act of 2009 (43 U.S.C. 407(a)). THE HUALAPAI TRIBE.—
this Act; and (b) FLUCTUATION IN COSTS.—
(1) CLAIMS AGAINST THE STATE AND OTH-
(II) ending on the Enforceability Date; and (1) IN GENERAL.—The amount authorized to
ERS.—
(ii) construction costs associated with the be appropriated under subsection (a)(1) shall
(A) IN GENERAL.—Except as provided in
Hualapai Water Project that the Hualapai be increased or decreased, as appropriate, by subparagraph (C), the Hualapai Tribe, on be-
Tribe incurs using Tribal funds during the such amounts as may be justified by reason half of the Hualapai Tribe and the members
period— of ordinary fluctuations in costs occurring of the Hualapai Tribe (but not members in
(I) beginning on the date on which the Sec- after the date of enactment of this Act, as the capacity of the members as allottees)
retary issues a record of decision; and indicated by the Bureau of Reclamation Con- and the United States, acting as trustee for
(II) ending on the Enforceability Date; and struction Cost Index—Composite Trend. the Hualapai Tribe and the members of the
(G) to make contributions to the Economic (2) CONSTRUCTION COSTS ADJUSTMENT.—The Hualapai Tribe (but not members in the ca-
Development Fund described in section 8.1 of amount authorized to be appropriated under pacity of the members as allottees), as part
the Amended and Restated Hualapai Tribe subsection (a)(1) shall be adjusted to address of the performance of the respective obliga-
Bill Williams River Water Rights Settlement construction cost changes necessary to ac- tions of the Hualapai Tribe and the United
Agreement for the purpose of purchasing ad- count for unforeseen market volatility that States under the Hualapai Tribe water rights
ditional Colorado River water entitlements may not otherwise be captured by engineer- settlement agreement and this Act, are au-
and appurtenant land. ing cost indices as determined by the Sec- thorized to execute a waiver and release of
(8) LIABILITY.—The Secretary and the Sec- retary, including repricing applicable to the any claims against the State (or any agency
retary of the Treasury shall not be liable for types of construction and current industry or political subdivision of the State) and any
the expenditure or investment of any standards involved. other individual, entity, corporation, or mu-
amounts withdrawn from the Hualapai (3) REPETITION.—The adjustment process nicipal corporation under Federal, State, or
Water Trust Fund Account by the Hualapai under this subsection shall be repeated for other law for all—
Tribe under paragraph (5). each subsequent amount appropriated until (i) past, present, and future claims for
(9) TITLE TO INFRASTRUCTURE.—Title to, the amount authorized, as adjusted, has been water rights, including rights to Colorado
control over, and operation of any project appropriated. River water, for Hualapai land, arising from
constructed using funds from the Hualapai (4) PERIOD OF INDEXING.—The period of in- time immemorial and, thereafter, forever;
Water Trust Fund Account shall remain in dexing adjustment for any increment of (ii) past, present, and future claims for
the Hualapai Tribe. funding shall end on the date on which the water rights, including rights to Colorado
(10) OM&R.—All OM&R costs of any funds are deposited in the Hualapai Water River water, arising from time immemorial
project constructed using funds from the Trust Fund Account. and, thereafter, forever, that are based on
Hualapai Water Trust Fund Account shall be SEC. 8. ENVIRONMENTAL COMPLIANCE. the aboriginal occupancy of land by the
the responsibility of the Hualapai Tribe. (a) IN GENERAL.—Effective beginning on Hualapai Tribe, the predecessors of the
(11) NO PER CAPITA DISTRIBUTIONS.—No por- the date of deposit of funds in the Hualapai Hualapai Tribe, the members of the Hualapai
tion of the Hualapai Water Trust Fund Ac- Water Trust Fund Account, the Hualapai Tribe, or predecessors of the members of the
count shall be distributed on a per capita Tribe may commence any environmental, Hualapai Tribe;
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basis to any member of the Hualapai Tribe. cultural, and historical compliance activi- (iii) past and present claims for injury to
(12) EXPENDITURE REPORTS.—The Hualapai ties necessary to implement the Hualapai water rights, including injury to rights to
Tribe shall annually submit to the Secretary Tribe water rights settlement agreement and Colorado River water, for Hualapai land,
an expenditure report describing accomplish- this Act, including activities necessary to arising from time immemorial through the
ments and amounts spent from use of with- comply with all applicable provisions of— Enforceability Date;
drawals under a Tribal management plan or (1) the Endangered Species Act of 1973 (16 (iv) past, present, and future claims for in-
an expenditure plan under this Act. U.S.C. 1531 et seq.); jury to water rights, including injury to
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S7320 CONGRESSIONAL RECORD — SENATE December 19, 2022
rights to Colorado River water, arising from pumping capacity and case diameter of the Bill Williams River watershed, and the waiv-
time immemorial and, thereafter, forever, well being replaced; and ers of claims, set forth in the Bill Williams
that are based on the aboriginal occupancy (II) any well constructed within the agreements and the Bill Williams Act;
of land by the Hualapai Tribe, the prede- Truxton Basin for purposes other than do- (II) any well constructed within the
cessors of the Hualapai Tribe, the members mestic purposes or stock watering— Truxton Basin for domestic purposes or
of the Hualapai Tribe, or predecessors of the (aa) on or before the date of enactment of stock watering after the date on which the
members of the Hualapai Tribe; this Act; Secretary has provided written notice to the
(v) claims for injury to water rights, in- (bb) after the date of enactment of this Act State pursuant to section 15(c)(2), except for
cluding injury to rights to Colorado River if the Secretary has not provided written no- a replacement well described in subpara-
water, arising after the Enforceability Date, tice to the State pursuant to section 15(c)(2); graph (A)(ix)(I)(bb); and
for Hualapai land, resulting from the off-res- or (III) any well constructed within the
ervation diversion or use of surface water, (cc) after the date of enactment of this Act Truxton Basin for purposes other than do-
Colorado River water, or effluent in a man- if the Secretary has provided written notice mestic purposes or stock watering after the
ner not in violation of the Hualapai Tribe to the State pursuant to section 15(c)(2) and date of enactment of this Act, if the Sec-
water rights settlement agreement or State if— retary has provided notice to the State pur-
law; (AA) the well was constructed to replace a suant to section 15(c)(2), except for a replace-
(vi) past, present, and future claims arising well in existence on the on which date the ment well as described in subparagraph
out of, or relating in any manner to, the ne- notice was provided; (A)(ix)(II)(cc).
gotiation, execution, or adoption of the (BB) the replacement well was constructed
(2) CLAIMS AGAINST UNITED STATES.—
Hualapai Tribe water rights settlement within 660 feet of the well being replaced;
(A) IN GENERAL.—Except as provided in
agreement, any judgment or decree approv- and
subparagraph (C), the Hualapai Tribe, acting
ing or incorporating the Hualapai Tribe (CC) the pumping capacity and case diame-
on behalf of the Hualapai Tribe and the
water rights settlement agreement, or this ter of the replacement well do not exceed the
members of the Hualapai Tribe (but not
Act; pumping capacity and case diameter of the
members in the capacity of the members as
(vii) claims for water rights of the well being replaced.
allottees) as part of the performance of the
Hualapai Tribe or the United States, acting (B) EFFECTIVE DATE.—The waiver and re-
as trustee for the Hualapai Tribe and mem- lease of claims described in subparagraph (A) obligations of the Hualapai Tribe under the
bers of the Hualapai Tribe, with respect to shall take effect on the Enforceability Date. Hualapai Tribe water rights settlement
Parcel 3, in excess of 300 AFY; (C) RESERVATION OF RIGHTS AND RETENTION agreement and this Act, is authorized to exe-
(viii) claims for injury to water rights aris- OF CLAIMS.—Notwithstanding the waiver and
cute a waiver and release of all claims
ing after the Enforceability Date for release of claims described in subparagraph against the United States, including agen-
Hualapai land resulting from the off-reserva- (A), the Hualapai Tribe, acting on behalf of cies, officials, and employees of the United
tion diversion or use of groundwater from— the Hualapai Tribe and the members of the States, under Federal, State, or other law for
(I) any well constructed outside of the Hualapai Tribe, and the United States, act- all—
Truxton Basin on or before the date of enact- ing as trustee for the Hualapai Tribe and the (i) past, present, and future claims for
ment of this Act; members of the Hualapai Tribe (but not water rights, including rights to Colorado
(II) any well constructed outside of the members in the capacity of the members as River water, for Hualapai land, arising from
Truxton Basin, and not more than 2 miles allottees), shall retain any right— time immemorial and, thereafter, forever;
from the exterior boundaries of the Hualapai (i) subject to subparagraph 12.7 of the (ii) past, present, and future claims for
Reservation, after the date of enactment of Hualapai Tribe water rights settlement water rights, including rights to Colorado
this Act if— agreement, to assert claims for injuries to, River water, arising from time immemorial
(aa) the well was constructed to replace a and seek enforcement of, the rights of the and, thereafter, forever, that are based on
well in existence on the date of enactment of Hualapai Tribe under the Hualapai Tribe the aboriginal occupancy of land by the
this Act; water rights settlement agreement or this Hualapai Tribe, the predecessors of the
(bb) the replacement well was constructed Act in any Federal or State court of com- Hualapai Tribe, the members of the Hualapai
within 660 feet of the well being replaced; petent jurisdiction; Tribe, or predecessors of the members of the
and (ii) to assert claims for injuries to, and Hualapai Tribe;
(cc) the pumping capacity and case diame- seek enforcement of, the rights of the (iii) past and present claims relating in
ter of the replacement well do not exceed the Hualapai Tribe under any judgment or de- any manner to damages, losses, or injury to
pumping capacity and case diameter of the cree approving or incorporating the Hualapai water rights (including injury to rights to
well being replaced; or Tribe water rights settlement agreement; Colorado River water), land, or other re-
(III) any well constructed outside the (iii) to assert claims for water rights based sources due to loss of water or water rights
Truxton Basin, and not less than 2 miles on State law for land owned or acquired by (including damages, losses, or injuries to
from the exterior boundaries of the Hualapai the Hualapai Tribe in fee, under subpara- hunting, fishing, gathering, or cultural
Reservation, after the date of enactment of graph 4.8 of the Hualapai Tribe water rights rights due to loss of water or water rights,
this Act, subject to the condition that the settlement agreement; claims relating to interference with, diver-
authorizations and restrictions regarding the (iv) to object to any claims for water sion, or taking of water, or claims relating
location, size, and operation of wells in the rights or injury to water rights by or for any to the failure to protect, acquire, or develop
Bill Williams River watershed set forth in Indian Tribe or the United States, acting on water, water rights, or water infrastructure)
the Bill Williams agreements and the Bill behalf of any Indian Tribe; within the State that first accrued at any
Williams Act, and the waivers of claims in (v) to assert past, present, or future claims time prior to the Enforceability Date;
the Bill Williams agreements and the Bill for injury to water rights against any Indian (iv) past and present claims for injury to
Williams Act, shall continue to apply to the Tribe or the United States, acting on behalf water rights, including injury to rights to
parties to the Bill Williams agreements, not- of any Indian Tribe; Colorado River water, for Hualapai land,
withstanding the provisions of this sub- (vi) to assert claims for injuries to, and arising from time immemorial through the
section; and seek enforcement of, the rights of the Enforceability Date;
(ix) claims for injury to water rights aris- Hualapai Tribe under the Bill Williams (v) past, present, and future claims for in-
ing after the Enforceability Date, for agreements or the Bill Williams Act in any jury to water rights, including injury to
Hualapai land, resulting from the off-res- Federal or State court of competent jurisdic- rights to Colorado River water, arising from
ervation diversion or use of groundwater in tion; time immemorial and, thereafter, forever,
the Truxton Basin from— (vii) subject to paragraphs (1), (3), (4), and that are based on the aboriginal occupancy
(I) any well constructed within the (5) of section 5(e), to assert the rights of the of land by the Hualapai Tribe, the prede-
Truxton Basin for domestic purposes or Hualapai Tribe under any Colorado River cessors of the Hualapai Tribe, the members
stock watering— water entitlement purchased by or donated of the Hualapai Tribe, or predecessors of the
(aa) on or before the date on which the to the Hualapai Tribe; and members of the Hualapai Tribe;
Secretary provides written notice to the (viii) to assert claims for injury to water (vi) claims for injury to water rights, in-
State pursuant to section 15(c)(2); or rights arising after the Enforceability Date cluding injury to rights to Colorado River
(bb) after the date on which the Secretary for Hualapai land resulting from any off-res- water, arising after the Enforceability Date
provides written notice to the State pursu- ervation diversion or use of groundwater, for Hualapai land, resulting from the off-res-
ant to that section if— without regard to quantity, from— ervation diversion or use of surface water,
(AA) the well was constructed to replace a (I) any well constructed after the date of Colorado River water, or effluent in a man-
dlhill on DSK120RN23PROD with SENATE
well in existence on the date on which the enactment of this Act outside of the Truxton ner not in violation of the Hualapai Tribe
notice was provided; Basin and not more than 2 miles from the ex- water rights settlement agreement or State
(BB) the replacement well was constructed terior boundaries of the Hualapai Reserva- law;
within 660 feet of the well being replaced; tion, except a replacement well described in (vii) past, present, and future claims aris-
and subparagraph (A)(viii)(II), subject to the au- ing out of, or relating in any manner to, the
(CC) the pumping capacity and case diame- thorizations and restrictions regarding the negotiation, execution, or adoption of the
ter of the replacement well do not exceed the location, size, and operation of wells in the Hualapai Tribe water rights settlement
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7321
agreement, any judgment or decree approv- pumping capacity and case diameter of the gations of the United States under the
ing or incorporating the Hualapai Tribe well being replaced. Hualapai Tribe water rights settlement
water rights settlement agreement, or this (B) EFFECTIVE DATE.—The waiver and re- agreement and this Act, is authorized to exe-
Act; lease of claims described in subparagraph (A) cute a waiver and release of any claims
(viii) claims for injury to water rights aris- shall take effect on the Enforceability Date. against the State (or any agency or political
ing after the Enforceability Date for (C) RETENTION OF CLAIMS.—Notwith- subdivision of the State), the Hualapai Tribe,
Hualapai land resulting from the off-Res- standing the waiver and release of claims de- and any other individual, entity, corpora-
ervation diversion or use of groundwater scribed in subparagraph (A), the Hualapai tion, or municipal corporation under Fed-
from— Tribe and the members of the Hualapai Tribe eral, State, or other law, for all—
(I) any well constructed on public domain (but not members in the capacity of the (A) past, present, and future claims for
land outside of the Truxton Basin on or be- members as allottees) shall retain any water rights, including rights to Colorado
fore the date of enactment of this Act; right— River water, for the allotments, arising from
(II) any well constructed on public domain (i) subject to subparagraph 12.7 of the time immemorial and, thereafter, forever;
land outside of the Truxton Basin, and not Hualapai Tribe water rights settlement (B) past, present, and future claims for
more than 2 miles from the exterior bound- agreement, to assert claims for injuries to, water rights, including rights to Colorado
aries of the Hualapai Reservation, after the and seek enforcement of, the rights of the River water, arising from time immemorial
date of enactment of this Act if— Hualapai Tribe under the Hualapai Tribe and, thereafter, forever, that are based on
(aa) the well was constructed to replace a water rights settlement agreement or this the aboriginal occupancy of land by the
well in existence on the date of enactment of Act in any Federal or State court of com-
allottees or predecessors of the allottees;
this Act; petent jurisdiction;
(C) past and present claims for injury to
(bb) the replacement well was constructed (ii) to assert claims for injuries to, and
water rights, including injury to rights to
within 660 feet of the well being replaced; seek enforcement of, the rights of the
Colorado River water, for the allotments,
and Hualapai Tribe under any judgment or de-
arising from time immemorial through the
(cc) the pumping capacity and case diame- cree approving or incorporating the Hualapai
Enforceability Date;
ter of the replacement well do not exceed the Tribe water rights settlement agreement;
(D) past, present, and future claims for in-
pumping capacity and case diameter of the (iii) to assert claims for water rights based
well being replaced; or on State law for land owned or acquired by jury to water rights, if any, including injury
(III) any well constructed on public domain the Hualapai Tribe in fee under subpara- to rights to Colorado River water, arising
land outside of the Truxton Basin, and not graph 4.8 of the Hualapai Tribe water rights from time immemorial and, thereafter, for-
less than 2 miles from the exterior bound- settlement agreement; ever, that are based on the aboriginal occu-
aries of the Hualapai Reservation, after the (iv) to object to any claims for water pancy of land by the allottees or prede-
date of enactment of this Act, subject to the rights or injury to water rights by or for any cessors of the allottees;
condition that the authorizations and re- Indian Tribe or the United States, acting on (E) claims for injury to water rights, in-
strictions regarding the location, size, and behalf of any Indian Tribe; cluding injury to rights to Colorado River
operation of wells in the Bill Williams River (v) to assert past, present, or future claims water, arising after the Enforceability Date,
watershed set forth in the Bill Williams for injury to water rights against any Indian for the allotments, resulting from the off-
agreements and the Bill Williams Act, and Tribe or the United States, acting on behalf reservation diversion or use of water in a
the waivers of claims in the Bill Williams of any Indian Tribe; manner not in violation of the Hualapai
agreements and the Bill Williams Act, shall (vi) to assert claims for injuries to, and Tribe water rights settlement agreement or
continue to apply to the parties to the Bill seek enforcement of, the rights of the State law;
Williams agreements, notwithstanding the Hualapai Tribe under the Bill Williams (F) past, present, and future claims arising
provisions of this subsection; and agreements or the Bill Williams Act in any out of, or relating in any manner to, the ne-
(ix) claims for injury to water rights aris- Federal or State court of competent jurisdic- gotiation, execution, or adoption of the
ing after the Enforceability Date for tion; Hualapai Tribe water rights settlement
Hualapai land resulting from the off-reserva- (vii) subject to paragraphs (1), (3), (4), and agreement, any judgment or decree approv-
tion diversion or use of groundwater in the (5) of section 5(e), to assert the rights of the ing or incorporating the Hualapai Tribe
Truxton Basin from— Hualapai Tribe under any Colorado River water rights settlement agreement, or this
(I) any well constructed on public domain water entitlement purchased by or donated Act; and
land within the Truxton Basin for domestic to the Hualapai Tribe; and (G) claims for any water rights of the
purposes or stock watering— (viii) to assert any claims for injury to allottees or the United States acting as
(aa) on or before the date on which the water rights arising after the Enforceability trustee for the allottees with respect to—
Secretary provides written notice to the Date for Hualapai land resulting from any (i) Parcel 1, in excess of 82 AFY; or
State pursuant to section 15(c)(2); or off-reservation diversion or use of ground- (ii) Parcel 2, in excess of 312 AFY.
(bb) after the date on which the Secretary water, without regard to quantity, from— (2) EFFECTIVE DATE.—The waiver and re-
provides written notice to the State pursu- (I) any well constructed after the date of lease of claims under paragraph (1) shall
ant to that section if— enactment of this Act on public domain land take effect on the Enforceability Date.
(AA) the well was constructed to replace a outside of the Truxton Basin and not more (3) RETENTION OF CLAIMS.—Notwith-
well in existence on the date on which the than 2 miles from the exterior boundaries of standing the waiver and release of claims de-
notice was provided; the Hualapai Reservation, except for a re- scribed in paragraph (1), the United States,
(BB) the replacement well was constructed placement well described in subparagraph acting as trustee for the allottees of the
within 660 feet of the well being replaced; (A)(viii)(II), subject to the authorizations Hualapai Tribe, shall retain any right—
and and restrictions regarding the location, size, (A) subject to subparagraph 12.7 of the
(CC) the pumping capacity and case diame- and operation of wells in the Bill Williams Hualapai Tribe water rights settlement
ter of the replacement well do not exceed the River watershed, and the waivers of claims, agreement, to assert claims for injuries to,
pumping capacity and case diameter of the set forth in the Bill Williams agreements and seek enforcement of, the rights of the
well being replaced; and and the Bill Williams Act; allottees, if any, under the Hualapai Tribe
(II) any well constructed on public domain (II) any well constructed on public domain water rights settlement agreement or this
land within the Truxton Basin for purposes land within the Truxton Basin for domestic Act in any Federal or State court of com-
other than domestic purposes or stock wa- purposes or stock watering after the date on petent jurisdiction;
tering— which the Secretary has provided written no- (B) to assert claims for injuries to, and
(aa) on or before the date of enactment of tice to the State pursuant to section 15(c)(2), seek enforcement of, the rights of the
this Act; except for a replacement well described in allottees under any judgment or decree ap-
(bb) after the date of enactment of this Act subparagraph (A)(ix)(I)(bb); and proving or incorporating the Hualapai Tribe
if the Secretary has not provided written no- (III) any well constructed on public domain water rights settlement agreement;
tice to the State pursuant to section 15(c)(2); land within the Truxton Basin for purposes (C) to object to any claims for water rights
or other than domestic purposes or stock wa- or injury to water rights by or for—
(cc) after the date of enactment of this Act tering after the date of enactment of this (i) any Indian Tribe other than the
if the Secretary has provided written notice Act, if the Secretary has provided notice to Hualapai Tribe; or
to the State pursuant to section 15(c)(2) and the State pursuant to section 15(c)(2), except (ii) the United States, acting on behalf of
if— for a replacement well as described in sub- any Indian Tribe other than the Hualapai
(AA) the well was constructed to replace a paragraph (A)(ix)(II)(cc). Tribe;
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well in existence on the date on which the (b) WAIVERS AND RELEASES OF CLAIMS BY (D) to assert past, present, or future claims
notice was provided; UNITED STATES, ACTING AS TRUSTEE FOR for injury to water rights against—
(BB) the replacement well was constructed ALLOTTEES.— (i) any Indian Tribe other than the
within 660 feet of the well being replaced; (1) IN GENERAL.—Except as provided in Hualapai Tribe; or
and paragraph (3), the United States, acting as (ii) the United States, acting on behalf of
(CC) the pumping capacity and case diame- trustee for the allottees of the Hualapai any Indian Tribe other than the Hualapai
ter of the replacement well do not exceed the Tribe, as part of the performance of the obli- Tribe; and
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S7322 CONGRESSIONAL RECORD — SENATE December 19, 2022
(E) to assert claims for injuries to, and phase 2 water rights settlement agreement (2) SATISFACTION.—Any entitlement to
seek enforcement of, the rights of the in a manner not in violation of the Bill Wil- water of the Hualapai Tribe and the mem-
allottees under the Bill Williams agreements liams River phase 2 water rights settlement bers of the Hualapai Tribe (but not members
or the Bill Williams Act in any Federal or agreement; in the capacity of the members as allottees)
State court of competent jurisdiction. (II) the diversion of up to 2,500 AFY of or the United States, acting in the capacity
(c) WAIVER AND RELEASE OF CLAIMS BY water by Freeport from Sycamore Creek as of the United States as trustee for the
UNITED STATES AGAINST HUALAPAI TRIBE.— permitted by section 4.3(iv) of the Bill Wil- Hualapai Tribe and the members of the
(1) IN GENERAL.—Except as provided in liams River phase 2 water rights settlement Hualapai Tribe (but not members in the ca-
paragraph (3), the United States, in all ca- agreement; and pacity of the members as allottees), for
pacities (except as trustee for an Indian (III) any other diversion or use of water by Hualapai land shall be satisfied out of the
Tribe other than the Hualapai Tribe), as part Freeport authorized by the Bill Williams water resources and other benefits granted,
of the performance of the obligations of the River phase 2 water rights settlement agree- confirmed, quantified, or recognized by the
United States under the Hualapai Tribe ment, subject to the condition that such a Hualapai Tribe water rights settlement
water rights settlement agreement and this diversion and use of water is conducted in a agreement, this Act, the Bill Williams agree-
Act, is authorized to execute a waiver and manner not in violation of the Bill Williams ments, and the Bill Williams Act to or for
release of all claims against the Hualapai River phase 2 water rights settlement agree- the Hualapai Tribe, the members of the
Tribe, the members of the Hualapai Tribe, or ment; and Hualapai Tribe (but not members in the ca-
any agency, official, or employee of the (iii) any past, present, or future claim aris- pacity of the members as allottees), and the
Hualapai Tribe, under Federal, State or any ing out of, or relating in any manner to, the United States, acting in the capacity of the
other law for all— negotiation or execution of the Bill Williams United States as trustee for the Hualapai
(A) past and present claims for injury to River phase 2 water rights settlement agree- Tribe and the members of the Hualapai Tribe
water rights, including injury to rights to ment, the Hualapai Tribe water rights settle- (but not members in the capacity of the
Colorado River water, resulting from the di- ment agreement, or this Act. members as allottees).
version or use of water on Hualapai land (B) EFFECTIVE DATE.—The waiver and re- (b) ALLOTTEE WATER CLAIMS.—
arising from time immemorial through the lease of claims under subparagraph (A) shall (1) IN GENERAL.—The benefits realized by
Enforceability Date; take effect on the Bill Williams River Phase the allottees of the Hualapai Tribe under the
(B) claims for injury to water rights, in- 2 Enforceability Date. Hualapai Tribe water rights settlement
cluding injury to rights to Colorado River (C) RETENTION OF CLAIMS.—The United agreement, this Act, the Bill Williams agree-
water, arising after the Enforceability Date, States shall retain all rights not expressly ments, and the Bill Williams Act shall be in
resulting from the diversion or use of water waived in the waiver and release of claims complete replacement of and substitution
on Hualapai land in a manner that is not in under subparagraph (A), including, subject to for, and full satisfaction of, all claims with
violation of the Hualapai Tribe water rights section 6.4 of the Bill Williams River phase 2 respect to allotments of the allottees and the
settlement agreement or State law; and water rights settlement agreement, the right
United States, acting in the capacity of the
(C) past, present, and future claims arising to assert a claim for injury to, and seek en-
United States as trustee for the allottees, for
out of, or related in any manner to, the ne- forcement of, the Bill Williams River phase 2
gotiation, execution, or adoption of the water rights and injury to water rights under
water rights settlement agreement or this
Hualapai Tribe water rights settlement Federal, State, or other law.
Act, in any Federal or State court of com-
agreement, any judgment or decree approv- (2) SATISFACTION.—Any entitlement to
petent jurisdiction (but not a Tribal court).
ing or incorporating the Hualapai Tribe water of the allottees or the United States,
(2) NO PRECEDENTIAL EFFECT.—
water rights settlement agreement, or this acting in the capacity of the United States
(A) PENDING AND FUTURE PROCEEDINGS.—
Act. as trustee for the allottees, for allotments
The Bill Williams River phase 2 water rights
(2) EFFECTIVE DATE.—The waiver and re- shall be satisfied out of the water resources
settlement agreement shall have no prece-
lease of claims under paragraph (1) shall dential effect in any other administrative or and other benefits granted, confirmed, or
take effect on the Enforceability Date. judicial proceeding, including— recognized by the Hualapai Tribe water
(3) RETENTION OF CLAIMS.—Notwith- (i) any pending or future general stream rights settlement agreement, this Act, the
standing the waiver and release of claims de- adjudication, or any other litigation involv- Bill Williams agreements, and the Bill Wil-
scribed in paragraph (1), the United States ing Freeport or the United States, including liams Act to or for the allottees and the
shall retain any right to assert any claim any proceeding to establish or quantify a United States, acting as trustee for the
not expressly waived in accordance with that Federal reserved water right; allottees.
paragraph, including any right to assert a (ii) any pending or future administrative (c) EFFECT.—Notwithstanding subsections
claim for injury to, and seek enforcement of, or judicial proceeding relating to an applica- (a) and (b), nothing in this Act or the
any right of the United States under the Bill tion— Hualapai Tribe water rights settlement
Williams agreements or the Bill Williams (I) to appropriate water (for instream flow agreement—
Act, in any Federal or State court of com- or other purposes); (1) recognizes or establishes any right of a
petent jurisdiction. (II) to sever and transfer a water right; member of the Hualapai Tribe or an allottee
(d) BILL WILLIAMS RIVER PHASE 2 WATER (III) to change a point of diversion; or to water on Hualapai land; or
RIGHTS SETTLEMENT AGREEMENT WAIVER, RE- (IV) to change a place of use for any water (2) prohibits the Hualapai Tribe or an al-
LEASE, AND RETENTION OF CLAIMS.— right; and lottee from acquiring additional water rights
(1) CLAIMS AGAINST FREEPORT.— (iii) any proceeding regarding water rights by purchase of land, credits, or water rights.
(A) IN GENERAL.—Except as provided in or a claim relating to any Federal land. SEC. 11. LAND ADDED TO HUALAPAI RESERVA-
subparagraph (C), the United States, acting (B) NO METHODOLOGY OR STANDARD.—Noth- TION.
solely on behalf of the Department of the In- ing in the Bill Williams River phase 2 water The following land in the State is added to
terior (including the Bureau of Land Man- rights settlement agreement establishes any the Hualapai Reservation:
agement and the United States Fish and standard or methodology to be used for the (1) PUBLIC LAW 93–560.—The land held in
Wildlife Service), as part of the performance quantification of any claim to water rights trust by the United States for the Hualapai
of the obligations of the United States under (whether based on Federal or State law) in Tribe pursuant to the first section of Public
the Bill Williams River phase 2 water rights any judicial or administrative proceeding, Law 93–560 (88 Stat. 1820).
settlement agreement, is authorized to exe- other than a proceeding to enforce the terms (2) 1947 JUDGMENT.—The land deeded to the
cute a waiver and release of all claims of the of the Bill Williams River phase 2 water United States in the capacity of the United
United States against Freeport under Fed- rights settlement agreement. States as trustee for the Hualapai Tribe pur-
eral, State, or any other law for— SEC. 10. SATISFACTION OF WATER RIGHTS AND suant to the 1947 judgment.
(i) any past or present claim for injury to OTHER BENEFITS. (3) TRUXTON TRIANGLE.—That portion of
water rights resulting from— (a) HUALAPAI TRIBE AND MEMBERS.— the S1⁄2 sec. 3, lying south of the south
(I) the diversion or use of water by Free- (1) IN GENERAL.—The benefits realized by boundary of the Hualapai Reservation and
port pursuant to the water rights described the Hualapai Tribe and the members of the north of the north right-of-way boundary of
in Exhibit 4.1(ii) to the Bill Williams River Hualapai Tribe (but not members in the ca- Arizona Highway 66, and bounded by the
phase 2 water rights settlement agreement; pacity of the members as allottees) under west section line of that sec. 3 and the south
and the Hualapai Tribe water rights settlement section line of that sec. 3, T. 24 N., R. 12 W.,
(II) any other diversion or use of water for agreement, this Act, the Bill Williams agree- Gila and Salt River Base and Meridian, Mo-
mining purposes authorized by the Bill Wil- ments, and the Bill Williams Act shall be in have County, Arizona.
liams River phase 2 water rights settlement full satisfaction of all claims of the Hualapai (4) HUNT PARCEL 4.—SW1⁄4NE1⁄4 sec. 7, T. 25
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agreement; Tribe, the members of the Hualapai Tribe, N., R. 13 W., Gila and Salt River Base and
(ii) any claim for injury to water rights and the United States, acting in the capacity Meridian, Mohave County, Arizona.
arising after the Bill Williams River Phase 2 of the United States as trustee for the (5) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 14
Enforceability Date resulting from— Hualapai Tribe and the members of the W., Gila and Salt River Base and Meridian,
(I) the diversion or use of water by Free- Hualapai Tribe, for water rights and injury Mohave County, Arizona—
port pursuant to the water rights described to water rights under Federal, State, or (A) NE1⁄4SW1⁄4 sec. 9; and
in Exhibit 4.1(ii) to the Bill Williams River other law with respect to Hualapai land. (B) NW1⁄4SE1⁄4 sec. 27.
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7323
(6) HUNT PARCEL 3.—SW ⁄ NE ⁄ sec. 25, T. 27
14 14 January 1, 2008, the Secretary shall firm CAP subcontracts for the delivery of CAP
N., R. 15 W., Gila and Salt River Base and 557.50 AFY of the Hualapai Tribe CAP water NIA priority water.
Meridian, Mohave County, Arizona. to the equivalent of CAP M&I priority water. (III) DETERMINATION.—The Secretary shall
(7) HUNT PARCEL 5.—In sec. 1, T. 25 N., R. 14 (B) In accordance with section 105(b)(2)(B) determine the quantity of CAP NIA priority
W., Gila and Salt River Base and Meridian, of the Central Arizona Project Settlement water used by the Gila River Indian Commu-
Mohave County, Arizona— Act of 2004 (Public Law 108–451; 118 Stat. nity and the Tohono O’odham Nation in the
(A) SE1⁄4; 3492), for the 100-year period beginning on last year in which the available CAP supply
(B) E1⁄2SW1⁄4; and January 1, 2008, the State shall firm 557.50 was sufficient to fill all orders for CAP NIA
(C) SW1⁄4SW1⁄4. AFY of the Hualapai Tribe CAP water to the priority water in a manner consistent with
(8) VALENTINE CEMETERY PARCEL.— equivalent of CAP M&I priority water. the settlement agreements with those
W1⁄2NW1⁄4SW1⁄4 sec. 22, T. 23 N., R. 13 W., Gila (2) ADDITIONAL FIRMING.—The Hualapai Tribes.
and Salt River Base and Meridian, Mohave Tribe may, at the expense of the Hualapai (E) LEASES AND EXCHANGES OF HUALAPAI
County, Arizona, excepting and reserving to Tribe, take additional actions to firm or sup- TRIBE CAP WATER.—On and after the date on
the United States a right-of-way for ditches plement the Hualapai Tribe CAP water, in- which the Hualapai Tribe water delivery con-
or canals constructed by the authority of the cluding by entering into agreements for that tract becomes effective, the Hualapai Tribe
United States, pursuant to the Act of August purpose with the Central Arizona Water Con- may, with the approval of the Secretary,
30, 1890 (43 U.S.C. 945). servation District, the Arizona Water Bank- enter into contracts or options to lease, or
SEC. 12. TRUST LAND. ing Authority, or any other lawful authority, contracts or options to exchange, the
(a) LAND TO BE TAKEN INTO TRUST.— in accordance with State law. Hualapai Tribe CAP water within the lower
(1) IN GENERAL.—On the date of enactment (c) HUALAPAI TRIBE WATER DELIVERY CON- basin in the State, and not in Navajo,
of this Act, the Secretary is authorized and TRACT.— Apache, or Cochise Counties, providing for
directed to take legal title to the land de- (1) IN GENERAL.—In accordance with the the temporary delivery to other persons of
scribed in paragraph (2) and hold such land Hualapai Tribe water rights settlement any portion of Hualapai Tribe CAP water.
in trust for the benefit of the Hualapai Tribe. agreement and the requirements described in (F) TERM OF LEASES AND EXCHANGES.—
(2) CHOLLA CANYON RANCH PARCELS.—The paragraph (2), the Secretary shall enter into (i) LEASING.—Contracts or options to lease
land referred to in paragraph (1) is, in T. 16 the Hualapai Tribe water delivery contract. under subparagraph (E) shall be for a term of
N., R. 13 W., Gila and Salt River Base and (2) REQUIREMENTS.—The requirements re- not more than 100 years.
Meridian, Mohave County, Arizona— ferred to in paragraph (1) are the following: (ii) EXCHANGING.—Contracts or options to
(A) SW1⁄4 sec. 25; and (A) IN GENERAL.—The Hualapai Tribe water exchange under subparagraph (E) shall be for
(B) NE1⁄4 and NE1⁄4 SE1⁄4 sec. 35. delivery contract shall—
(b) RESERVATION STATUS.—The land taken the term provided for in the contract or op-
(i) be for permanent service (as that term tion, as applicable.
into trust under subsection (a) shall be part is used in section 5 of the Boulder Canyon
of the Hualapai Reservation and adminis- (iii) RENEGOTIATION.—The Hualapai Tribe
Project Act (43 U.S.C. 617d)); may, with the approval of the Secretary, re-
tered in accordance with the laws and regu- (ii) take effect on the Enforceability Date;
lations generally applicable to land held in negotiate any lease described in subpara-
and graph (E), at any time during the term of the
trust by the United States for an Indian (iii) be without limit as to term.
Tribe. lease, if the term of the renegotiated lease
(B) HUALAPAI TRIBE CAP WATER.— does not exceed 100 years.
(c) VALID EXISTING RIGHTS.—The land (i) IN GENERAL.—The Hualapai Tribe CAP
taken into trust under subsection (a) shall be (G) PROHIBITION ON PERMANENT ALIEN-
water may be delivered for use in the lower ATION.—No Hualapai Tribe CAP water may
subject to valid existing rights, including basin in the State through—
easements, rights-of-way, contracts, and be permanently alienated.
(I) the Hualapai Water Project; or (H) NO FIRMING OF LEASED WATER.—The
management agreements. (II) the CAP system.
(d) LIMITATIONS.—Nothing in subsection (a) firming obligations described in subsection
(ii) METHOD OF DELIVERY.—The Secretary
affects— (b)(1) shall not apply to any Hualapai Tribe
shall authorize the delivery of Hualapai
(1) any water right of the Hualapai Tribe in CAP water leased by the Hualapai Tribe to
Tribe CAP water under this subparagraph to
existence under State law before the date of another person.
be effected by the diversion and use of water
enactment of this Act; or (I) ENTITLEMENT TO LEASE AND EXCHANGE
directly from the Colorado River in the
(2) any right or claim of the Hualapai Tribe FUNDS; OBLIGATIONS OF UNITED STATES.—
State.
to any land or interest in land in existence (i) ENTITLEMENT.—
(C) CONTRACTUAL DELIVERY.—The Sec-
before the date of enactment of this Act. (I) IN GENERAL.—The Hualapai Tribe shall
(e) FUTURE TRUST LAND.— retary shall deliver the Hualapai Tribe CAP
be entitled to all consideration due to the
(1) NEW STATUTORY REQUIREMENT.—Effec- water to the Hualapai Tribe in accordance
Hualapai Tribe under any contract to lease,
tive beginning on the date of enactment of with the terms and conditions of the
Hualapai Tribe water delivery contract. option to lease, contract to exchange, or op-
this Act, and except as provided in sub- tion to exchange the Hualapai Tribe CAP
section (a), any land located in the State (D) DISTRIBUTION OF CAP NIA PRIORITY
WATER.—
water entered into by the Hualapai Tribe.
outside the exterior boundaries of the (II) EXCLUSION.—The United States shall
Hualapai Reservation may only be taken (i) IN GENERAL.—Except as provided in
clause (ii), if, for any year, the available CAP not, in any capacity, be entitled to the con-
into trust by the United States for the ben- sideration described in subclause (I).
efit of the Hualapai Tribe by an Act of Con- supply is insufficient to meet all demands
under CAP contracts and CAP subcontracts (ii) OBLIGATIONS OF UNITED STATES.—The
gress— United States shall not, in any capacity,
(A) that specifically authorizes the trans- for the delivery of CAP NIA priority water,
the Secretary and the CAP operating agency have any trust or other obligation to mon-
fer of the land for the benefit of the Hualapai itor, administer, or account for, in any man-
Tribe; and shall prorate the available CAP NIA priority
water among the CAP contractors and CAP ner, any funds received by the Hualapai
(B) the date of enactment of which is after Tribe as consideration under any contract to
the date of enactment of this Act. subcontractors holding contractual entitle-
ments to CAP NIA priority water on the lease, option to lease, contract to exchange,
(2) WATER RIGHTS.—Any land taken into or option to exchange the Hualapai Tribe
trust for the benefit of the Hualapai Tribe basis of the quantity of CAP NIA priority
water used by each such CAP contractor and CAP water entered into by the Hualapai
under paragraph (1)— Tribe, except in a case in which the Hualapai
(A) shall include water rights only under CAP subcontractor in the last year in which
the available CAP supply was sufficient to Tribe deposits the proceeds of any lease, op-
State law; and tion to lease, contract to exchange, or option
(B) shall not include any federally reserved fill all orders for CAP NIA priority water.
(ii) EXCEPTION.— to exchange into an account held in trust for
water rights. the Hualapai Tribe by the United States.
SEC. 13. REALLOCATION OF CAP NIA PRIORITY
(I) IN GENERAL.—Notwithstanding clause
(i), if the available CAP supply is insufficient (J) WATER USE AND STORAGE.—
WATER; FIRMING; WATER DELIVERY
CONTRACT; COLORADO RIVER AC- to meet all demands under CAP contracts (i) IN GENERAL.—The Hualapai Tribe may
COUNTING. and CAP subcontracts for the delivery of use the Hualapai Tribe CAP water on or off
(a) REALLOCATION TO THE HUALAPAI CAP NIA priority water in the year fol- the Hualapai Reservation within the lower
TRIBE.—On the Enforceability Date, the Sec- lowing the year in which the Enforceability basin in the State for any purpose.
retary shall reallocate to the Hualapai Tribe Date occurs, the Secretary shall assume that (ii) STORAGE.—The Hualapai Tribe, in ac-
the Hualapai Tribe CAP water. the Hualapai Tribe used the full volume of cordance with State law, may store the
(b) FIRMING.— Hualapai Tribe CAP water in the last year in Hualapai Tribe CAP water at 1 or more un-
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(1) HUALAPAI TRIBE CAP WATER.—Except as which the available CAP supply was suffi- derground storage facilities or groundwater
provided in subsection (c)(2)(H), the Hualapai cient to fill all orders for CAP NIA priority savings facilities, subject to the condition
Tribe CAP water shall be firmed as follows: water. that, if the Hualapai Tribe stores Hualapai
(A) In accordance with section 105(b)(1)(B) (II) CONTINUATION.—The assumption de- Tribe CAP water that has been firmed pursu-
of the Central Arizona Project Settlement scribed in subclause (I) shall continue until ant to subsection (b)(1), the stored water
Act of 2004 (Public Law 108–451; 118 Stat. the available CAP supply is sufficient to may only be—
3492), for the 100-year period beginning on meet all demands under CAP contracts and (I) used by the Hualapai Tribe; or
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S7324 CONGRESSIONAL RECORD — SENATE December 19, 2022
(II) exchanged by the Hualapai Tribe for associated with the delivery of the Hualapai (B) any action taken by the Secretary and
water that will be used by the Hualapai Tribe CAP water, regardless of whether the any contract or agreement entered into pur-
Tribe. Hualapai Tribe CAP water is delivered for suant to this Act shall be void; and
(iii) ASSIGNMENT.—The Hualapai Tribe, in use by the Hualapai Tribe or in accordance (C) any amounts appropriated under sec-
accordance with State law, may assign any with any lease, option to lease, exchange, or tion 7, together with any investment earn-
long-term storage credit accrued as a result option to exchange providing for the delivery ings on those amounts, less any amounts ex-
of storage described in clause (ii), subject to to other persons of the Hualapai Tribe CAP pended under section 6(a)(4)(B), shall revert
the condition that the Hualapai Tribe shall water, shall be— immediately to the general fund of the
not assign any long-term storage credit ac- (i) nonreimbursable; and Treasury.
crued as a result of the storage of Hualapai (ii) excluded from the repayment obliga- (2) SEVERABILITY.—Notwithstanding para-
Tribe CAP water that has been firmed pursu- tion of the Central Arizona Water Conserva- graph (1), if the Secretary fails to publish in
ant to subsection (b)(1). tion District. the Federal Register a statement of findings
(K) USE OUTSIDE STATE.—The Hualapai (S) NONREIMBURSABLE CAP CONSTRUCTION under subsection (a) by April 15, 2029, or such
Tribe may not use, lease, exchange, forbear, COSTS.— alternative later date as may be agreed to by
or otherwise transfer any Hualapai Tribe (i) IN GENERAL.—With respect to the costs the Hualapai Tribe, the Secretary, and the
CAP water for use directly or indirectly out- associated with the construction of the CAP State, section 11 and subsections (a), (b), (c),
side of the lower basin in the State. system allocable to the Hualapai Tribe— and (d) of section 12 shall remain in effect.
(L) CAP FIXED OM&R CHARGES.— (I) the costs shall be nonreimbursable; and (c) RIGHT TO OFFSET.—If the Secretary has
(i) IN GENERAL.—The CAP operating agency (II) the Hualapai Tribe shall have no repay- not published in the Federal Register the
shall be paid the CAP fixed OM&R charges ment obligation for the costs. statement of findings under subsection (a) by
associated with the delivery of all Hualapai (ii) CAPITAL CHARGES.—No CAP water serv- April 15, 2029, or such alternative later date
Tribe CAP water. ice capital charges shall be due or payable as may be agreed to by the Hualapai Tribe,
(ii) PAYMENT OF CHARGES.—Except as pro- for the Hualapai Tribe CAP water, regardless the Secretary, and the State, the United
vided in subparagraph (O), all CAP fixed of whether the Hualapai Tribe CAP water is States shall be entitled to offset any Federal
OM&R charges associated with the delivery delivered— amounts made available under section
of the Hualapai Tribe CAP water to the (I) for use by the Hualapai Tribe; or 6(a)(4)(B) that were used or authorized for
Hualapai Tribe shall be paid by— (II) under any lease, option to lease, ex- any use under that section against any claim
(I) the Secretary, pursuant to section change, or option to exchange entered into asserted by the Hualapai Tribe against the
403(f)(2)(A) of the Colorado River Basin by the Hualapai Tribe. United States described in section 9(a)(2)(A).
Project Act (43 U.S.C. 1543(f)(2)(A)), subject (d) BILL WILLIAMS RIVER PHASE 2 ENFORCE-
(d) COLORADO RIVER ACCOUNTING.—All
to the condition that funds for that payment ABILITY DATE.—Notwithstanding any other
Hualapai Tribe CAP water diverted directly
are available in the Lower Colorado River provision of this Act, the Bill Williams River
from the Colorado River shall be accounted phase 2 water rights settlement agreement
Basin Development Fund; and for as deliveries of CAP water within the
(II) if the funds described in subclause (I) (including the waivers and releases described
State. in section 9(d) of this Act and section 5 of the
become unavailable, the Hualapai Tribe.
SEC. 14. ENFORCEABILITY DATE. Bill Williams River phase 2 water rights set-
(M) CAP PUMPING ENERGY CHARGES.—
(i) IN GENERAL.—The CAP operating agency (a) IN GENERAL.—Except as provided in tlement agreement) shall take effect and be-
shall be paid the CAP pumping energy subsection (d), the Hualapai Tribe water come enforceable among the parties to the
charges associated with the delivery of rights settlement agreement, including the Bill Williams River phase 2 water rights set-
Hualapai Tribe CAP water only in cases in waivers and releases of claims described in tlement agreement on the date on which all
which the CAP system is used for the deliv- section 9, shall take effect and be fully en- of the following conditions have occurred:
ery of that water. forceable on the date on which the Secretary (1) The Hualapai Tribe water rights settle-
(ii) PAYMENT OF CHARGES.—Except for CAP publishes in the Federal Register a state- ment agreement becomes enforceable pursu-
water not delivered through the CAP system, ment of findings that— ant to subsection (a).
which does not incur a CAP pumping energy (1) to the extent the Hualapai Tribe water (2) Freeport has submitted to the Arizona
charge, or water delivered to other persons rights settlement agreement conflicts with Department of Water Resources a condi-
as described in subparagraph (O), any appli- this Act— tional withdrawal of any objection to the
cable CAP pumping energy charges associ- (A) the Hualapai Tribe water rights settle- Bill Williams River watershed instream flow
ated with the delivery of the Hualapai Tribe ment agreement has been revised through an applications pursuant to section 4.4(i) of the
CAP water shall be paid by the Hualapai amendment to eliminate the conflict; and Bill Williams River phase 2 water rights set-
Tribe. (B) the revised Hualapai Tribe water rights tlement agreement, which withdrawal shall
(N) WAIVER OF PROPERTY TAX EQUIVALENCY settlement agreement, including any exhib- take effect on the Bill Williams River Phase
PAYMENTS.—No property tax or in-lieu prop- its requiring execution by any party to the 2 Enforceability Date described in this sub-
erty tax equivalency shall be due or payable Hualapai Tribe water rights settlement section.
by the Hualapai Tribe for the delivery of agreement, has been executed by the re- (3) Not later than the Enforceability Date,
CAP water or for the storage of CAP water in quired party; the Arizona Department of Water Resources
an underground storage facility or ground- (2) the waivers and releases of claims de- has issued an appealable, conditional deci-
water savings facility. scribed in section 9 have been executed by sion and order for the Bill Williams River
(O) LESSEE RESPONSIBILITY FOR CHARGES.— the Hualapai Tribe and the United States; watershed instream flow applications pursu-
(i) IN GENERAL.—Any lease or option to (3) the abstracts referred to in subpara- ant to section 4.4(iii) of the Bill Williams
lease providing for the temporary delivery to graphs 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the River phase 2 water rights settlement agree-
other persons of any Hualapai Tribe CAP Hualapai Tribe water rights settlement ment, which order shall become noncondi-
water shall require the lessee to pay the CAP agreement have been completed by the tional and effective on the Bill Williams
operating agency all CAP fixed OM&R Hualapai Tribe; River Phase 2 Enforceability Date described
charges and all CAP pumping energy charges (4) the full amount described in section in this subsection.
associated with the delivery of the leased 7(a)(1), as adjusted by section 7(b), has been (4) The conditional decision and order de-
water. deposited in the Hualapai Water Trust Fund scribed in paragraph (3)—
(ii) NO RESPONSIBILITY FOR PAYMENT.—Nei- Account; (A) becomes final; and
ther the Hualapai Tribe nor the United (5) the Gila River adjudication decree has (B) is not subject to any further appeal.
States in any capacity shall be responsible been approved by the Gila River adjudication SEC. 15. ADMINISTRATION.
for the payment of any charges associated court substantially in the form of the judg- (a) LIMITED WAIVER OF SOVEREIGN IMMU-
with the delivery of the Hualapai Tribe CAP ment and decree attached to the Hualapai NITY.—
water leased to other persons. Tribe water rights settlement agreement as (1) WAIVER.—
(P) ADVANCE PAYMENT.—No Hualapai Tribe Exhibit 3.1.43, as amended to ensure consist- (A) IN GENERAL.—In any circumstance de-
CAP water shall be delivered unless the CAP ency with this Act; and scribed in paragraph (2)—
fixed OM&R charges and any applicable CAP (6) the Secretary has executed the (i) the United States or the Hualapai Tribe
pumping energy charges associated with the Hualapai Tribe water delivery contract de- may be joined in the action described in the
delivery of that water have been paid in ad- scribed in section 13(c). applicable subparagraph of that paragraph;
vance. (b) REPEAL ON FAILURE TO MEET ENFORCE- and
(Q) CALCULATION.—The charges for delivery ABILITY DATE.— (ii) subject to subparagraph (B), any claim
of the Hualapai Tribe CAP water pursuant to (1) IN GENERAL.—Except as provided in by the United States or the Hualapai Tribe
dlhill on DSK120RN23PROD with SENATE
the Hualapai Tribe water delivery contract paragraph (2), if the Secretary fails to pub- to sovereign immunity from the action is
shall be calculated in accordance with the lish in the Federal Register a statement of waived.
CAP repayment stipulation. findings under subsection (a) by April 15, (B) LIMITATION.—A waiver under subpara-
(R) CAP REPAYMENT.—For purposes of de- 2029, or such alternative later date as may be graph (A)(ii)—
termining the allocation and repayment of agreed to by the Hualapai Tribe, the Sec- (i) shall only be for the limited and sole
costs of any stages of the CAP system con- retary, and the State— purpose of the interpretation or enforcement
structed after November 21, 2007, the costs (A) this Act is repealed; of—
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7325
(I) this Act; carry out any obligation or activity author- SEC. 2. PRESERVATION OF REPORTS TO
(II) the Hualapai Tribe water rights settle- ized by this Act (including all agreements or CYBERTIPLINE RELATED TO ONLINE
ment agreement, as ratified by this Act; or exhibits ratified or confirmed by this Act) SEXUAL EXPLOITATION OF CHIL-
DREN.
(III) the Bill Williams River phase 2 water if—
right settlement agreement, as ratified by (1) adequate appropriations are not pro- Section 2258A(h) of title 18, United States
this Act; and vided expressly by Congress to carry out the Code, is amended—
(ii) shall not include any award against the purposes of this Act; or (1) in paragraph (1), by striking ‘‘90 days’’
United States or the Hualapai Tribe for (2) there are not enough monies available and inserting ‘‘180 days’’; and
money damages, court costs, or attorney to carry out this Act in the Lower Colorado (2) by adding at the end the following:
fees. River Basin Development Fund. ‘‘(5) EXTENSION OF PRESERVATION.—A pro-
(2) CIRCUMSTANCES DESCRIBED.—A cir- (e) APPLICATION OF RECLAMATION REFORM vider of a report to the CyberTipline under
cumstance referred to in paragraph (1)(A) is ACT OF 1982.—The Reclamation Reform Act subsection (a)(1) may voluntarily preserve
any of the following: of 1982 (43 U.S.C. 390aa et seq.) and any other the contents provided in the report (includ-
(A) Any party to the Hualapai Tribe water acreage limitation or full-cost pricing provi- ing any comingled content described in para-
rights settlement agreement— sion of Federal law shall not apply to any graph (2)) for longer than 180 days after the
(i) brings an action in any court of com- person, entity, or tract of land solely on the submission to the CyberTipline for the pur-
petent jurisdiction relating only and directly basis of— pose of reducing the proliferation of online
to the interpretation or enforcement of— (1) receipt of any benefit under this Act; child sexual exploitation or preventing the
(I) this Act; or (2) execution or performance of this Act; or online sexual exploitation of children.
(II) the Hualapai Tribe water rights settle- (3) the use, storage, delivery, lease, or ex- ‘‘(6) METHOD OF PRESERVATION.—Not later
ment agreement; and change of CAP water. than 1 year after the date of enactment of
(ii) names the United States or the (f) EFFECT.— this paragraph, a provider of a report to the
Hualapai Tribe as a party in that action. (1) NO MODIFICATION OR PREEMPTION OF CyberTipline under subsection (a)(1) shall
(B) Any landowner or water user in the OTHER LAW.—Unless expressly provided in preserve materials under this subsection in a
Verde River Watershed— this Act, nothing in this Act modifies, con- manner that is consistent with most recent
(i) brings an action in any court of com- flicts with, preempts, or otherwise affects— version of the Cybersecurity Framework de-
petent jurisdiction relating only and directly (A) the Boulder Canyon Project Act (43 veloped by the National Institute of Stand-
to the interpretation or enforcement of— U.S.C. 617 et seq.); ards and Technology, or a successor re-
(I) paragraph 10.0 of the Hualapai Tribe (B) the Boulder Canyon Project Adjust- source.’’.
water rights settlement agreement; ment Act (43 U.S.C. 618 et seq.);
(II) Exhibit 3.1.43 to the Hualapai Tribe (C) the Act of April 11, 1956 (commonly SA 6549. Mr. KELLY (for Mr. GRASS-
water rights settlement agreement; or known as the ‘‘Colorado River Storage LEY (for himself and Mr. OSSOFF)) pro-
(III) section 9; and Project Act’’) (43 U.S.C. 620 et seq.); posed an amendment to the bill S. 4719,
(ii) names the United States or the (D) the Colorado River Basin Project Act to protect children against sexual
Hualapai Tribe as a party in that action. (Public Law 90–537; 82 Stat. 885); abuse and exploitation, and for other
(C) Any party to the Bill Williams River (E) the Treaty between the United States
of America and Mexico respecting utilization
purposes; as follows:
phase 2 settlement agreement— Strike all after the enacting clause and in-
(i) brings an action in any court of com- of waters of the Colorado and Tijuana Rivers
and of the Rio Grande, signed at Washington sert the following:
petent jurisdiction relating only and directly SECTION 1. SHORT TITLE.
to the interpretation or enforcement of— February 3, 1944 (59 Stat. 1219);
(F) the Colorado River Compact; This Act may be cited as the ‘‘Preventing
(I) this Act; or
(G) the Upper Colorado River Basin Com- Child Sex Abuse Act of 2022’’.
(II) the Bill Williams River phase 2 settle-
pact; SEC. 2. SENSE OF CONGRESS.
ment agreement; and
(H) the Omnibus Public Land Management The sense of Congress is the following:
(ii) names the United States or the
Act of 2009 (Public Law 111–11; 123 Stat. 991); (1) The safety of children should be a top
Hualapai Tribe as a party in that action.
(b) EFFECT ON CURRENT LAW.—Nothing in or priority for public officials and communities
this section alters the law with respect to (I) case law concerning water rights in the in the United States.
pre-enforcement review of Federal environ- Colorado River system other than any case (2) According to the Rape, Abuse & Incest
mental or safety-related enforcement ac- to enforce the Hualapai Tribe water rights National Network, an individual in the
tions. settlement agreement or this Act. United States is sexually assaulted every 68
(c) BASIN GROUNDWATER WITHDRAWAL ESTI- (2) EFFECT ON AGREEMENTS.—Nothing in seconds. And every 9 minutes, that victim is
MATES.— this Act or the Hualapai Tribe water rights a child. Meanwhile, only 25 out of every 1,000
(1) GROUNDWATER WITHDRAWAL ESTI- settlement agreement limits the right of the perpetrators will end up in prison.
MATES.— Hualapai Tribe to enter into any agreement (3) The effects of child sexual abuse can be
(A) IN GENERAL.—Not later than 1 year of for the storage or banking of water in ac- long-lasting and affect the victim’s mental
the date of enactment of this Act, the Sec- cordance with State law with— health.
retary, acting through the United States Ge- (A) the Arizona Water Banking Authority (4) Victims are more likely than non-vic-
ological Survey Water Use Program, shall (or a successor agency or entity); or tims to experience the following mental
issue an estimate for groundwater with- (B) any other lawful authority. health challenges:
drawals in the Truxton Basin outside the (3) EFFECT OF ACT.—Nothing in this Act— (A) Victims are about 4 times more likely
boundaries of the Hualapai Reservation. (A) quantifies or otherwise affects the to develop symptoms of drug abuse.
(B) ANNUAL ESTIMATES.—Each year after water rights, claims, or entitlements to (B) Victims are about 4 times more likely
publication of the initial estimate required water of any Indian Tribe other than the to experience post-traumatic stress disorder
by subparagraph (A), the Secretary, acting Hualapai Tribe; as adults.
through the United States Geological Survey (B) affects the ability of the United States (C) Victims are about 3 times more likely
Water Use Program, shall issue an estimate to take action on behalf of any Indian Tribe to experience a major depressive episode as
for groundwater withdrawals in the Truxton other than the Hualapai Tribe, the members adults.
Basin outside the boundaries of the Hualapai of the Hualapai Tribe, and the allottees; or (5) The criminal justice system should and
Reservation until such time as the Sec- (C) limits the right of the Hualapai Tribe has acted as an important line of defense to
retary, after consultation with the Hualapai to use any water of the Hualapai Tribe in protect children and hold perpetrators ac-
Tribe, determines that annual estimates are any location on the Hualapai Reservation. countable.
not warranted. (6) However, the horrific crimes perpet-
(2) NOTICE TO THE STATE.—Based on the es- SA 6548. Mr. KELLY (for Mrs. BLACK- uated by Larry Nassar demonstrate first-
timates under paragraph (1), the Secretary BURN) proposed an amendment to the hand the loopholes that still exist in the
shall notify the State, in writing, if the total bill S. 365, to amend title 18, United criminal justice system. While Larry Nassar
withdrawal of groundwater from the Truxton States Code, to require a provider of a was found guilty of several State-level of-
Basin outside the boundaries of the Hualapai fenses, he was not charged federally for his
report to the CyberTipline related to
Reservation exceeds the estimate prepared illicit sexual contact with minors, despite
online sexual exploitation of children crossing State and international borders to
pursuant to that paragraph by 3,000 or more
to preserve the contents of such report commit this conduct.
AFY, exclusive of any diversion or use of
groundwater on Hualapai fee land and any for 180 days, and for other purposes; as (7) The Department of Justice has also
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land acquired by the Hualapai Tribe, includ- follows: identified a growing trend of Americans who
ing by a tribally owned corporation, in fee Strike all after the enacting clause and in- use charitable or missionary work in a for-
after the Enforceability Date. sert the following: eign country as a cover for sexual abuse of
(d) ANTIDEFICIENCY.—Notwithstanding any SECTION 1. SHORT TITLE. children.
authorization of appropriations to carry out This Act may be cited as the ‘‘Eliminate (8) It is the intent of Congress to prohibit
this Act, the United States shall not be lia- Network Distribution of Child Exploitation Americans from engaging in sexual abuse or
ble for any failure of the United States to Act’’ or the ‘‘END Child Exploitation Act’’. exploitation of minors under the guise of
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S7326 CONGRESSIONAL RECORD — SENATE December 19, 2022
work, including volunteer work, with an or- by the Secretary of Veterans Affairs, (a), not later than one year after the date of
ganization that affects interstate or foreign and for other purposes; as follows: the enactment of this Act.
commerce, such as an international charity. SEC. 102. PILOT PROGRAM ON ESTABLISHMENT
Strike all after the enacting clause and in- OF BOARD OF VETERANS’ APPEALS
(9) Federal law does not require that an
sert the following: HONORS PROGRAM.
abuser’s intention to engage in sexual abuse
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) ESTABLISHMENT.—Not later than one
be a primary, significant, dominant, or moti-
vating purpose of the travel. (a) SHORT TITLE.—This Act may be cited as year after the date of the enactment of this
(10) Child sexual abuse does not require the ‘‘Veterans Benefits Improvement Act of Act, the Secretary shall establish a pilot
physical contact between the abuser and the 2021’’. program to assess the feasibility and advis-
child. This is especially true as perpetrators (b) TABLE OF CONTENTS.—The table of con- ability of establishing a competitive honors
turn increasingly to internet platforms, on- tents for this Act is as follows: program within the Department for the pur-
line chat rooms, and webcams to commit Sec. 1. Short title; table of contents. pose of recruiting high-achieving law school
child sexual abuse. Sec. 2. Definitions. students, recent law school graduates, and
(11) However, a decision of the United TITLE I—BOARD OF VETERANS’ entry-level attorneys for employment with
States Court of Appeals for the Seventh Cir- APPEALS MATTERS the Board.
(b) DURATION.—The Secretary shall carry
cuit found the use of a webcam to engage in Sec. 101. Board of Veterans’ Appeals intern- out the pilot program required by subsection
sexually provocative activity with a minor ship program. (a) during the nine-year period beginning on
did not qualify as ‘‘sexual activity’’. Sec. 102. Pilot program on establishment of the date of the establishment of the pilot
(12) Congress can address this issue by Board of Veterans’ Appeals hon- program.
amending the definition of the term ‘‘sexual ors program. (c) HONORS PROGRAM.—
activity’’ to clarify that it does not require Sec. 103. Report on improving access to (1) IN GENERAL.—Under the pilot program
interpersonal, physical contact. Board of Veterans’ Appeals required by subsection (a), the Secretary
(13) It is the duty of Congress to provide telehearings. shall carry out a competitive honors pro-
clearer guidance to ensure that those who TITLE II—MEDICAL DISABILITY EXAM gram as described in such subsection.
commit crimes against children are pros- MATTERS (2) PRIORITY CONSIDERATION.—The Sec-
ecuted to the fullest extent of the law. retary shall give priority consideration in
SEC. 3. INTERSTATE CHILD SEXUAL ABUSE.
Sec. 201. Improving requirement to publish
disability benefit questionnaire application for the honors program to indi-
Section 2423 of title 18, United States Code, viduals who successfully complete the in-
forms of Department of Vet-
is amended— ternship program established under section
erans Affairs.
(1) in subsection (b), by striking ‘‘with a 7114 of title 38, United States Code, as added
Sec. 202. Report on improving medical dis-
motivating purpose of engaging in any illicit by section 101(a).
ability examinations for vet-
sexual conduct with another person’’ and in- (3) STUDENT LOAN REPAYMENT BENEFITS.—
erans who live abroad.
serting ‘‘with intent to engage in any illicit (A) IN GENERAL.—The Secretary shall pro-
Sec. 203. Department of Veterans Affairs re-
sexual conduct with another person’’; vide student loan repayment benefits under
quirement for communication
(2) by redesignating subsections (d), (e), (f), section 5379 of title 5, United States Code, to
by contractors providing cov-
and (g) as subsections (e), (f), (g), and (i), re- each participant in the pilot program who is
ered medical disability exami-
spectively; eligible for student loan repayment benefits
nations with persons recognized
(3) in subsection (e), as so redesignated, by under such section.
by power of attorney for prepa-
striking ‘‘with a motivating purpose of en- (B) AGREEMENTS.—The Secretary shall
ration, presentation, and pros-
gaging in any illicit sexual conduct’’ and in- enter into an agreement with each partici-
ecution of claims.
serting ‘‘with intent to engage in any illicit pant in the pilot program who will receive
Sec. 204. Department of Veterans Affairs
sexual conduct’’; and benefits described in subparagraph (A), in ac-
outreach regarding contact in-
(4) by inserting after subsection (g), as so cordance with such section.
formation for contractors pro-
redesignated, the following: (C) COMMITMENT.— An agreement described
‘‘(h) RULE OF CONSTRUCTION.—As used in viding covered medical dis-
ability examinations. in subparagraph (B) shall include a require-
this section, the term ‘intent’ shall be con- ment that the participant will remain in the
strued as any intention to engage in illicit TITLE III—OTHER MATTERS
service of the Department for a period of not
sexual conduct at the time of the travel.’’. Sec. 301. Report on supporting governmental less than three years, unless involuntarily
SEC. 4. ABUSE UNDER THE GUISE OF CHARITY. veterans service officers. separated, in accordance with subsection (c)
Section 2423 of title 18, United States Code, Sec. 302. Facilitating Department of Vet- of such section.
as amended by section 3 of this Act, is erans Affairs contractor access (4) PROFESSIONAL DEVELOPMENT ACTIVI-
amended— to federal tax return informa- TIES.—
(1) by inserting after subsection (c) the fol- tion necessary for claims proc- (A) ASSIGNMENT OF MENTORS.—Not later
lowing: essing. than 90 days after the date on which an indi-
‘‘(d) ILLICIT SEXUAL CONDUCT IN CONNEC- SEC. 2. DEFINITIONS. vidual begins participating in the pilot pro-
TION WITH CERTAIN ORGANIZATIONS.—Any cit- In this Act: gram required by subsection (a), the Sec-
izen of the United States or alien admitted (1) CLAIMANT.—The term ‘‘claimant’’ has retary shall assign the participant a mentor
for permanent residence who— the meaning given that term in section 5100 who is a managerial employee of the Depart-
‘‘(1) is an officer, director, employee, or of title 38, United States Code. ment outside the participant’s chain of com-
agent of an organization that affects inter- (2) DEPARTMENT.—The term ‘‘Department’’ mand.
state or foreign commerce; means the Department of Veterans Affairs. (B) ASSIGNMENTS TO OFFICE OF GENERAL
‘‘(2) makes use of the mails or any means (3) SECRETARY.—The term ‘‘Secretary’’ COUNSEL.—
or instrumentality of interstate or foreign means the Secretary of Veterans Affairs. (i) IN GENERAL.—The Secretary shall pro-
commerce through the connection or affili- vide each participant in the pilot program at
TITLE I—BOARD OF VETERANS’ APPEALS
ation of the person with such organization; least one assignment within the Office of
MATTERS
and General Counsel of the Department that in-
‘‘(3) commits an act in furtherance of il- SEC. 101. BOARD OF VETERANS’ APPEALS IN-
TERNSHIP PROGRAM. cludes full-time legal responsibilities in
licit sexual conduct through the connection order to further the professional develop-
or affiliation of the person with such organi- (a) IN GENERAL.—Chapter 71 of title 38,
United States Code, is amended by adding at ment of the participant.
zation, (ii) PERIOD OF ASSIGNMENT.—An assignment
shall be fined under this title, imprisoned for the end the following new section:
provided under clause (i) shall be for a period
not more than 30 years, or both.’’; ‘‘§ 7114. Internship program of not less than 120 days and not more than
(2) in subsection (f), as so redesignated, by ‘‘The Secretary shall establish a competi- 180 days, or longer at the discretion of the
striking ‘‘or (d)’’ and inserting ‘‘(d), or (e)’’; tive internship program within the Depart- Secretary.
and ment for the purpose of providing an oppor- (C) OTHER ROTATIONAL ASSIGNMENTS.—
(3) in subsection (i), as so redesignated, by tunity for high-achieving students at law (i) IN GENERAL.—The Secretary may pro-
striking ‘‘(f)(2)’’ and inserting ‘‘(g)(2)’’. schools accredited by the American Bar As- vide a participant in the pilot program one
SEC. 5. SEXUAL ACTIVITY WITH MINORS. sociation to gain experience with the or more other short-term rotational assign-
Section 2427 of title 18, United States Code, Board.’’. ments.
is amended by inserting ‘‘does not require (b) CLERICAL AMENDMENT.—The table of (ii) PERIOD OF ASSIGNMENT.—An assignment
dlhill on DSK120RN23PROD with SENATE
interpersonal physical contact, and’’ before sections at the beginning of chapter 71 of provided under clause (i) shall be for a period
‘‘includes’’. such title is amended by adding at the end of not less than 30 days and not more than
--- the following new item: 180 days, at the discretion of the Secretary.
SA 6550. Mr. KELLY (for Mr. TESTER) ‘‘7114. Internship program.’’. (d) PERIODIC REPORTS.—
proposed an amendment to the bill S. (c) DEADLINE.—The Secretary shall estab- (1) REPORTS REQUIRED.—Not later than
3388, to amend title 38, United States lish the internship program required by sec- three years after the date on which the Sec-
Code, to improve benefits administered tion 7114 of such title, as added by subsection retary first accepts a participant into the
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7327
honors program carried out under subsection ‘‘(i) was in effect after January 1, 2020; and Committee on Veterans’ Affairs of the House
(c)(1) and not less frequently than once every ‘‘(ii) has not been published under para- of Representatives a report on improving the
three years thereafter for the duration of the graph (1). support by the Department of Veterans Af-
pilot program, the Secretary shall submit to ‘‘(C) For each form excluded under sub- fairs of governmental veterans service offi-
the Committee on Veterans’ Affairs of the paragraph (A), the Secretary shall— cers.
Senate and the Committee on Veterans’ Af- ‘‘(i) list the form on the same internet (b) ELEMENTS.—The report submitted
fairs of the House of Representatives a re- website as the forms published under para- under subsection (a) shall include the fol-
port on the findings of the Secretary with re- graph (1)(A) with an indication that the form lowing:
spect to the pilot program. has been excluded; and (1) ENHANCED ACCESS TO SYSTEMS.—An as-
(2) CONTENTS.—Each report submitted ‘‘(ii) provide with such listing a justifica- sessment of the feasibility and current tech-
under paragraph (1) shall include the fol- tion for such exclusion.’’. nical limitations of providing governmental
lowing: SEC. 202. REPORT ON IMPROVING MEDICAL DIS- veterans service officers enhanced access to
(A) The findings of the Secretary with re- ABILITY EXAMINATIONS FOR VET- certain Department systems to better serve
spect to the feasibility and advisability of ERANS WHO LIVE ABROAD. veterans those governmental service officers
establishing a competitive honors program Not later than one year after the date of may not have authorization to represent.
as described in subsection (a). the enactment of this Act, the Secretary (2) INTERGOVERNMENTAL LIAISONS.—An as-
(B) Such recommendations as the Sec- shall submit to the Committee on Veterans’ sessment as to whether the Department
retary may have for legislative or adminis- Affairs of the Senate and the Committee on would benefit from the establishment or des-
trative action to improve recruitment and Veterans’ Affairs of the House of Representa- ignation of an office or working group within
retention of staff at the Board of Veterans’ tives a report on the efforts of the Secretary the Department to serve as an intergovern-
Appeals. to provide reimbursement for a veteran’s mental liaison between the Department and
SEC. 103. REPORT ON IMPROVING ACCESS TO travel to a Department facility or a facility governmental veterans service officers.
BOARD OF VETERANS’ APPEALS of a Department-contracted provider, regard- (3) OTHER.—Any other recommendations to
TELEHEARINGS. less of whether the facility is inside or out- improve how the Department monitors, co-
(a) IN GENERAL.—Not later than 180 days side the United States, when such travel is ordinates with, or provides support to gov-
after the date of the enactment of this Act, incident to a scheduled compensation and ernmental veterans service officers.
the Secretary shall submit to the Committee pension examination. (c) DEFINITIONS.—In this section:
on Veterans’ Affairs of the Senate and the SEC. 203. DEPARTMENT OF VETERANS AFFAIRS (1) GOVERNMENTAL VETERANS SERVICE OFFI-
Committee on Veterans’ Affairs of the House REQUIREMENT FOR COMMUNICA- CER.—The term ‘‘governmental veterans
of Representatives a report on improving ac- TION BY CONTRACTORS PROVIDING service officer’’ means an employee of a
cess to hearings before the Board of Vet- COVERED MEDICAL DISABILITY EX- State, county, municipal, or Tribal govern-
AMINATIONS WITH PERSONS RECOG- ment—
erans’ Appeals held by picture and voice NIZED BY POWER OF ATTORNEY FOR
transmission. PREPARATION, PRESENTATION, AND
(A) who is accredited by at least one vet-
(b) CONTENTS.—The report required by sub- PROSECUTION OF CLAIMS. erans service organization to serve as a vet-
section (a) shall include the following: (a) IN GENERAL.—In each contract entered erans service officer; and
(1) Recommendations on the feasibility into by the Secretary after the date of the (B) whose primary responsibilities include
and advisability of reimbursing veterans for enactment of this Act for the provision by a working as such an officer.
expenses incurred for travel from the home contractor of a covered medical disability (2) VETERANS SERVICE ORGANIZATION.—The
of a veteran to the location at which a hear- examination, the Secretary shall include a term ‘‘veterans service organization’’ means
ing before the Board of Veterans’ Appeals is requirement that every communication from an organization recognized by the Secretary
held by picture and voice transmission, if the a contractor to a veteran regarding the for the representation of veterans under sec-
Secretary determines that travel to such lo- scheduling of a covered medical disability tion 5902 of title 38, United States Code.
cation is reasonably necessary for such a examination be contemporaneously trans- SEC. 302. FACILITATING DEPARTMENT OF VET-
hearing; ERANS AFFAIRS CONTRACTOR AC-
mitted to the person recognized by a power CESS TO FEDERAL TAX RETURN IN-
(2) Recommendations on establishment of of attorney executed under sections 5902, FORMATION NECESSARY FOR
pilot programs to assess the feasibility and 5903, and 5904 of title 38, United States Code, CLAIMS PROCESSING.
advisability of using other methods that for the preparation, presentation, and pros- (a) IN GENERAL.—Section 6103(l)(7) of the
could improve veteran access to hearings be- ecution of claims. Internal Revenue Code of 1986 is amended by
fore the Board of Veterans’ Appeals held by (b) DEFINITION.—In this section, the term adding at the end the following new subpara-
picture and voice transmission from a vet- ‘‘covered medical disability examination’’ graph:
eran’s home. means a medical examination that the Sec- ‘‘(E) REDISCLOSURES.—
(3) Such other recommendations to im- retary determines necessary for the purposes ‘‘(i) IN GENERAL.—Officers and employees of
prove access to hearings before the Board of of adjudicating a benefit under chapter 11 or the Department of Veterans Affairs who are
Veterans’ Appeals held by picture and voice 15 of title 38, United States Code. specifically designated by the Secretary of
transmission as the Secretary may receive SEC. 204. DEPARTMENT OF VETERANS AFFAIRS Veterans Affairs may redisclose return infor-
from stakeholders. OUTREACH REGARDING CONTACT mation described in subparagraphs (A) and
TITLE II—MEDICAL DISABILITY EXAM INFORMATION FOR CONTRACTORS
(B) to contractors of such Department ad-
MATTERS PROVIDING COVERED MEDICAL DIS-
ABILITY EXAMINATIONS. ministering (or assisting in administering) a
SEC. 201. IMPROVING REQUIREMENT TO PUB-
Not later than 120 days after the date of program listed in subparagraph (D)(viii).
LISH DISABILITY BENEFIT QUES- ‘‘(ii) RESTRICTIONS ON USE OF INFORMA-
TIONNAIRE FORMS OF DEPARTMENT enactment of this Act, the Secretary of Vet-
TION.—Information disclosed under this sub-
OF VETERANS AFFAIRS. erans Affairs shall, in partnership with vet-
erans service organizations and such other paragraph shall be disclosed only for pur-
Section 5101(d) of title 38, United States poses of, and to the extent necessary in, de-
Code, is amended— stakeholders as the Secretary considers rel-
evant and appropriate, implement an inform- termining eligibility for, or the correct
(1) in paragraph (1)(A), by striking ‘‘; and’’ amount of, benefits under a program listed
and inserting ‘‘, including (except as pro- ative outreach program for veterans regard-
ing the following: in subparagraph (D)(viii).’’.
vided in paragraph (4)(A))— (b) CONFORMING AMENDMENT.—Section
‘‘(i) all disability benefit questionnaire (1) Contact information for contractors
6103(a)(3) of such Code is amended by insert-
forms available to personnel of the Veterans providing covered medical disability exami-
ing ‘‘(7)(E),’’ after ‘‘(6),’’.
Health Administration and contracted per- nations, including the telephone numbers
(c) SAFEGUARDS.—Section 6103(p)(4) of such
sonnel for the completion of compensation from which such contractors may contact
Code is amended by striking ‘‘subsection
and pension examinations; and veterans.
(l)(10)’’ each place it appears and inserting
‘‘(ii) all factsheets available to such per- (2) The requirement for veterans to provide
‘‘subsection (l)(7), (10)’’.
sonnel to inform completion of such exami- personally identifiable information when ---
nations; and’’; and contacted by such contractors in order to SA 6551. Mr. KELLY (for Mr. BAR-
(2) by adding at the end the following new verify their identity.
RASSO (for himself and Ms. SMITH)) pro-
paragraph: TITLE III—OTHER MATTERS posed an amendment to the bill S. 4978,
‘‘(4)(A) The Secretary may exclude from SEC. 301. REPORT ON SUPPORTING GOVERN- to amend the Public Health Service
publication under clauses (i) and (ii) of para- MENTAL VETERANS SERVICE OFFI-
graph (1)(A) any form described in subpara- CERS. Act to reauthorize the State offices of
rural health program; as follows:
dlhill on DSK120RN23PROD with SENATE
graph (B) of this paragraph that the Sec- (a) REPORT.—Not later than one year after
retary determines could not reasonably be the date of the enactment of this Act and Strike all after the enacting clause and in-
completed to a clinically acceptable stand- after consulting veterans service organiza- sert the following:
ard by someone not an employee or a con- tions and such other stakeholders as the Sec- SECTION 1. SHORT TITLE.
tractor of the Department. retary considers relevant and appropriate, This Act may be cited as the ‘‘State Offices
‘‘(B) A form described in this subparagraph the Secretary shall submit to the Committee of Rural Health Program Reauthorization
is a form that— on Veterans’ Affairs of the Senate and the Act of 2022’’.
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S7328 CONGRESSIONAL RECORD — SENATE December 19, 2022
SEC. 2. STATE OFFICES OF RURAL HEALTH. Title VIII—General Provisions—District of Title VIII—United States Parole Commis-
Section 338J(i)(1) of the Public Health Columbia sion Extension
Service Act (42 U.S.C. 254r(i)(1)) is amended DIVISION F—DEPARTMENT OF HOME- Title IX—Extension of FCC Auction Author-
by striking ‘‘fiscal years 2018 through 2022’’ LAND SECURITY APPROPRIATIONS ity
and inserting ‘‘fiscal years 2023 through ACT, 2023 Title X—Budgetary Effects
2027’’.
Title I—Departmental Management, Intel-
--- DIVISION P—ELECTORAL COUNT RE-
ligence, Situational Awareness,
SA 6552. Mr. LEAHY submitted an FORM AND PRESIDENTIAL TRANSI-
and Oversight
amendment intended to be proposed by TION IMPROVEMENT
Title II—Security, Enforcement, and Inves-
him to the bill H.R. 2617, to amend sec- tigations DIVISION Q—AVIATION RELATED
tion 1115 of title 31, United States Title III—Protection, Preparedness, Re- MATTERS
Code, to amend the description of how sponse, and Recovery
DIVISION R—NO TIKTOK ON
performance goals are achieved, and Title IV—Research, Development, Training,
GOVERNMENT DEVICES
for other purposes; which was ordered and Services
Title V—General Provisions DIVISION S—OCEANS RELATED
to lie on the table; as follows: MATTERS
DIVISION G—DEPARTMENT OF THE INTE-
In lieu of the matter proposed to be in- RIOR, ENVIRONMENT, AND RELATED
serted by the House in Senate amendment 4, DIVISION T—SECURE 2.0 ACT OF 2022
AGENCIES APPROPRIATIONS ACT, 2023
insert the following: DIVISION U—JOSEPH MAXWELL
Title I—Department of the Interior
SECTION 1. SHORT TITLE. CLELAND AND ROBERT JOSEPH DOLE
Title II—Environmental Protection Agency
This Act may be cited as the ‘‘Consolidated MEMORIAL VETERANS BENEFITS AND
Title III—Related Agencies
Appropriations Act, 2023’’. HEALTH CARE IMPROVEMENT ACT OF
Title IV—General Provisions
SEC. 2. TABLE OF CONTENTS. 2022
DIVISION H—DEPARTMENTS OF LABOR,
Sec. 1. Short title. HEALTH AND HUMAN SERVICES, AND DIVISION V—STRONG VETERANS ACT OF
Sec. 2. Table of contents. EDUCATION, AND RELATED AGENCIES 2022
Sec. 3. References. APPROPRIATIONS ACT, 2023 DIVISION W—UNLEASHING AMERICAN
Sec. 4. Explanatory statement. Title I—Department of Labor INNOVATORS ACT OF 2022
Sec. 5. Statement of appropriations. Title II—Department of Health and Human
Sec. 6. Adjustments to compensation. DIVISION X—EXTENSION OF AUTHORIZA-
Services
DIVISION A—AGRICULTURE, RURAL DE- TION FOR SPECIAL ASSESSMENT FOR
Title III—Department of Education
VELOPMENT, FOOD AND DRUG ADMIN- DOMESTIC TRAFFICKING VICTIMS’
Title IV—Related Agencies
ISTRATION, AND RELATED AGENCIES FUND
Title V—General Provisions
APPROPRIATIONS ACT, 2023 DIVISION I—LEGISLATIVE BRANCH DIVISION Y—CONTRACT ACT OF 2022
Title I—Agricultural Programs APPROPRIATIONS ACT, 2023 DIVISION Z—COVS ACT
Title II—Farm Production and Conservation Title I—Legislative Branch
Programs DIVISION AA—FINANCIAL SERVICES
Title II—General Provisions
Title III—Rural Development Programs MATTERS
DIVISION J—MILITARY CONSTRUCTION,
Title IV—Domestic Food Programs VETERANS AFFAIRS, AND RELATED DIVISION BB—CONSUMER PROTECTION
Title V—Foreign Assistance and Related AGENCIES APPROPRIATIONS ACT, 2023 AND COMMERCE
Programs
Title VI—Related Agency and Food and Drug Title I—Department of Defense DIVISION CC—WATER RELATED
Administration Title II—Department of Veterans Affairs MATTERS
Title VII—General Provisions Title III—Related Agencies DIVISION DD—PUBLIC LAND
Title IV—General Provisions
DIVISION B—COMMERCE, JUSTICE, MANAGEMENT
DIVISION K—DEPARTMENT OF STATE,
SCIENCE, AND RELATED AGENCIES AP- DIVISION EE—POST OFFICE
FOREIGN OPERATIONS, AND RELATED
PROPRIATIONS ACT, 2023 DESIGNATIONS
PROGRAMS APPROPRIATIONS ACT, 2023
Title I—Department of Commerce DIVISION FF—HEALTH AND HUMAN
Title I—Department of State and Related
Title II—Department of Justice SERVICES
Agency
Title III—Science
Title II—United States Agency for Inter- DIVISION GG—MERGER FILING FEE
Title IV—Related Agencies
national Development MODERNIZATION
Title V—General Provisions
Title III—Bilateral Economic Assistance
DIVISION C—DEPARTMENT OF DEFENSE Title IV—International Security Assistance DIVISION HH—AGRICULTURE
APPROPRIATIONS ACT, 2023 Title V—Multilateral Assistance DIVISION JJ—NORTH ATLANTIC RIGHT
Title I—Military Personnel Title VI—Export and Investment Assistance WHALES
Title II—Operation and Maintenance Title VII—General Provisions
Title III—Procurement SEC. 3. REFERENCES.
DIVISION L—TRANSPORTATION, HOUS-
Title IV—Research, Development, Test and ING AND URBAN DEVELOPMENT, AND Except as expressly provided otherwise,
Evaluation RELATED AGENCIES APPROPRIATIONS any reference to ‘‘this Act’’ contained in any
Title V—Revolving and Management Funds ACT, 2023 division of this Act shall be treated as refer-
Title VI—Other Department of Defense Pro- Title I—Department of Transportation ring only to the provisions of that division.
grams Title II—Department of Housing and Urban SEC. 4. EXPLANATORY STATEMENT.
Title VII—Related Agencies Development
Title VIII—General Provisions The explanatory statement regarding this
Title III—Related Agencies Act, printed in the Senate section of the
DIVISION D—ENERGY AND WATER DE- Title IV—General Provisions—This Act
Congressional Record on or about December
VELOPMENT AND RELATED AGENCIES DIVISION M—ADDITIONAL UKRAINE SUP- 19, 2022, and submitted by the chair of the
APPROPRIATIONS ACT, 2023 PLEMENTAL APPROPRIATIONS ACT, Committee on Appropriations of the Senate,
Title I—Corps of Engineers—Civil 2023 shall have the same effect with respect to
Title II—Department of the Interior DIVISION N—DISASTER RELIEF SUPPLE- the allocation of funds and implementation
Title III—Department of Energy MENTAL APPROPRIATIONS ACT, 2023 of divisions A through L of this Act as if it
Title IV—Independent Agencies DIVISION O—EXTENDERS AND were a joint explanatory statement of a com-
Title V—General Provisions TECHNICAL CORRECTIONS mittee of conference.
DIVISION E—FINANCIAL SERVICES AND Title I—National Cybersecurity Protection SEC. 5. STATEMENT OF APPROPRIATIONS.
GENERAL GOVERNMENT APPROPRIA- System Authorization Exten-
TIONS ACT, 2023 The following sums in this Act are appro-
sion priated, out of any money in the Treasury
Title I—Department of the Treasury Title II—NDAA Technical Corrections not otherwise appropriated, for the fiscal
Title II—Executive Office of the President Title III—Immigration Extensions year ending September 30, 2023.
and Funds Appropriated to the Title IV—Environment and Public Works
dlhill on DSK120RN23PROD with SENATE
President SEC. 6. ADJUSTMENTS TO COMPENSATION.
Matters
Title III—The Judiciary Title V—Safety Enhancements Notwithstanding any other provision of
Title IV—District of Columbia Title VI—Extension of Temporary Order for law, no adjustment shall be made under sec-
Title V—Independent Agencies Fentanyl-Related Substances tion 601(a) of the Legislative Reorganization
Title VI—General Provisions—This Act Title VII—Federal Trade Commission Over- Act of 1946 (2 U.S.C. 4501) (relating to cost of
Title VII—General Provisions—Government- sight of Horseracing Integrity living adjustments for Members of Congress)
wide and Safety Authority during fiscal year 2023.
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7329
DIVISION A—AGRICULTURE, RURAL DE- obligated after 30 days from the date of en- agency of the Department for its use in
VELOPMENT, FOOD AND DRUG ADMINIS- actment of this Act, unless the Secretary meeting all requirements pursuant to the
TRATION, AND RELATED AGENCIES AP- has notified the Committees on Appropria- above Acts on Federal and non-Federal
PROPRIATIONS ACT, 2023 tions of both Houses of Congress on the allo- lands.
TITLE I cation of these funds by USDA agency: Pro- OFFICE OF SAFETY, SECURITY, AND
AGRICULTURAL PROGRAMS vided further, That during any 30 day notifi- PROTECTION
cation period referenced in section 716 of this
PROCESSING, RESEARCH, AND MARKETING For necessary expenses of the Office of
Act, the Secretary of Agriculture shall take
OFFICE OF THE SECRETARY Safety, Security, and Protection, $21,800,000.
no action to begin implementation of the ac-
(INCLUDING TRANSFERS OF FUNDS) tion that is subject to section 716 of this Act OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of the or make any public announcement of such For necessary expenses of the Office of In-
Secretary, $65,067,000 of which not to exceed action in any form. spector General, including employment pur-
$7,432,000 shall be available for the imme- EXECUTIVE OPERATIONS suant to the Inspector General Act of 1978
diate Office of the Secretary; not to exceed (Public Law 95–452; 5 U.S.C. App.),
OFFICE OF THE CHIEF ECONOMIST
$1,396,000 shall be available for the Office of $111,561,000, including such sums as may be
For necessary expenses of the Office of the necessary for contracting and other arrange-
Homeland Security; not to exceed $5,190,000
Chief Economist, $28,181,000, of which ments with public agencies and private per-
shall be available for the Office of Tribal Re-
$8,000,000 shall be for grants or cooperative sons pursuant to section 6(a)(9) of the Inspec-
lations, of which $1,000,000 shall be to estab-
agreements for policy research under 7 tor General Act of 1978 (Public Law 95–452; 5
lish a Tribal Public Health Resource Center
U.S.C. 3155: Provided, That of the amounts U.S.C. App.), and including not to exceed
at a land grant university with existing in-
made available under this heading, $500,000 $125,000 for certain confidential operational
digenous public health expertise to expand
shall be available to carry out section 224 of expenses, including the payment of inform-
current partnerships and collaborative ef-
subtitle A of the Department of Agriculture ants, to be expended under the direction of
forts with indigenous groups, including but
Reorganization Act of 1994 (7 U.S.C. 6924), as the Inspector General pursuant to the In-
not limited to, tribal organizations and in-
amended by section 12504 of Public Law 115– spector General Act of 1978 (Public Law 95–
stitutions such as tribal colleges, tribal tech-
334. 452; 5 U.S.C. App.) and section 1337 of the Ag-
nical colleges, tribal community colleges
and tribal universities, to improve the deliv- OFFICE OF HEARINGS AND APPEALS riculture and Food Act of 1981 (Public Law
ery of culturally appropriate public health For necessary expenses of the Office of 97–98).
services and functions in American Indian Hearings and Appeals, $16,703,000. OFFICE OF THE GENERAL COUNSEL
communities focusing on indigenous food OFFICE OF BUDGET AND PROGRAM ANALYSIS For necessary expenses of the Office of the
sovereignty; not to exceed $9,280,000 shall be General Counsel, $60,537,000.
For necessary expenses of the Office of
available for the Office of Partnerships and
Budget and Program Analysis, $14,967,000. OFFICE OF ETHICS
Public Engagement, of which $1,500,000 shall
be for 7 U.S.C. 2279(c)(5); not to exceed OFFICE OF THE CHIEF INFORMATION OFFICER For necessary expenses of the Office of
$28,422,000 shall be available for the Office of For necessary expenses of the Office of the Ethics, $5,556,000.
the Assistant Secretary for Administration, Chief Information Officer, $92,284,000, of OFFICE OF THE UNDER SECRETARY FOR
of which $26,716,000 shall be available for De- which not less than $77,428,000 is for cyberse- RESEARCH, EDUCATION, AND ECONOMICS
partmental Administration to provide for curity requirements of the department. For necessary expenses of the Office of the
necessary expenses for management support OFFICE OF THE CHIEF FINANCIAL OFFICER Under Secretary for Research, Education,
services to offices of the Department and for and Economics, $2,384,000: Provided, That
For necessary expenses of the Office of the
general administration, security, repairs and funds made available by this Act to an agen-
Chief Financial Officer, $7,367,000.
alterations, and other miscellaneous supplies cy in the Research, Education, and Econom-
and expenses not otherwise provided for and OFFICE OF THE ASSISTANT SECRETARY FOR
ics mission area for salaries and expenses are
necessary for the practical and efficient CIVIL RIGHTS
available to fund up to one administrative
work of the Department: Provided, That For necessary expenses of the Office of the support staff for the Office: Provided further,
funds made available by this Act to an agen- Assistant Secretary for Civil Rights, That of the amounts made available under
cy in the Administration mission area for $1,466,000: Provided, That funds made avail- this heading, $1,000,000 shall be made avail-
salaries and expenses are available to fund able by this Act to an agency in the Civil able for the Office of the Chief Scientist.
up to one administrative support staff for Rights mission area for salaries and expenses
ECONOMIC RESEARCH SERVICE
the Office; not to exceed $4,609,000 shall be are available to fund up to one administra-
available for the Office of Assistant Sec- tive support staff for the Office. For necessary expenses of the Economic
retary for Congressional Relations and Inter- Research Service, $92,612,000.
OFFICE OF CIVIL RIGHTS
governmental Affairs to carry out the pro- NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the Office of
grams funded by this Act, including pro- For necessary expenses of the National Ag-
Civil Rights, $37,595,000.
grams involving intergovernmental affairs ricultural Statistics Service, $211,076,000, of
and liaison within the executive branch; and AGRICULTURE BUILDINGS AND FACILITIES
which up to $66,413,000 shall be available
not to exceed $8,738,000 shall be available for (INCLUDING TRANSFERS OF FUNDS) until expended for the Census of Agriculture:
the Office of Communications: Provided fur- For payment of space rental and related Provided, That amounts made available for
ther, That the Secretary of Agriculture is au- costs pursuant to Public Law 92–313, includ- the Census of Agriculture may be used to
thorized to transfer funds appropriated for ing authorities pursuant to the 1984 delega- conduct Current Industrial Report surveys
any office of the Office of the Secretary to tion of authority from the Administrator of subject to 7 U.S.C. 2204g(d) and (f).
any other office of the Office of the Sec- General Services to the Department of Agri- AGRICULTURAL RESEARCH SERVICE
retary: Provided further, That no appropria- culture under 40 U.S.C. 121, for programs and
tion for any office shall be increased or de- SALARIES AND EXPENSES
activities of the Department which are in-
creased by more than 5 percent: Provided fur- cluded in this Act, and for alterations and For necessary expenses of the Agricultural
ther, That not to exceed $22,000 of the other actions needed for the Department and Research Service and for acquisition of lands
amount made available under this paragraph its agencies to consolidate unneeded space by donation, exchange, or purchase at a
for the immediate Office of the Secretary into configurations suitable for release to nominal cost not to exceed $100, and for land
shall be available for official reception and the Administrator of General Services, and exchanges where the lands exchanged shall
representation expenses, not otherwise pro- for the operation, maintenance, improve- be of equal value or shall be equalized by a
vided for, as determined by the Secretary: ment, and repair of Agriculture buildings payment of money to the grantor which
Provided further, That the amount made and facilities, and for related costs, shall not exceed 25 percent of the total value
available under this heading for Depart- $40,581,000, to remain available until ex- of the land or interests transferred out of
mental Administration shall be reimbursed pended. Federal ownership, $1,744,279,000: Provided,
from applicable appropriations in this Act That appropriations hereunder shall be
HAZARDOUS MATERIALS MANAGEMENT
for travel expenses incident to the holding of available for the operation and maintenance
hearings as required by 5 U.S.C. 551–558: Pro- (INCLUDING TRANSFERS OF FUNDS) of aircraft and the purchase of not to exceed
vided further, That funds made available For necessary expenses of the Department one for replacement only: Provided further,
under this heading for the Office of the As- of Agriculture, to comply with the Com- That appropriations hereunder shall be
sistant Secretary for Congressional Rela- prehensive Environmental Response, Com- available pursuant to 7 U.S.C. 2250 for the
dlhill on DSK120RN23PROD with SENATE
tions and Intergovernmental Affairs shall be pensation, and Liability Act (42 U.S.C. 9601 construction, alteration, and repair of build-
transferred to agencies of the Department of et seq.) and the Solid Waste Disposal Act (42 ings and improvements, but unless otherwise
Agriculture funded by this Act to maintain U.S.C. 6901 et seq.), $7,581,000, to remain provided, the cost of constructing any one
personnel at the agency level: Provided fur- available until expended: Provided, That ap- building shall not exceed $500,000, except for
ther, That no funds made available under propriations and funds available herein to headhouses or greenhouses which shall each
this heading for the Office of Assistant Sec- the Department for Hazardous Materials be limited to $1,800,000, except for 10 build-
retary for Congressional Relations may be Management may be transferred to any ings to be constructed or improved at a cost
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S7330 CONGRESSIONAL RECORD — SENATE December 19, 2022
not to exceed $1,100,000 each, and except for vided further, That each institution eligible ANIMAL AND PLANT HEALTH INSPECTION
four buildings to be constructed at a cost not to receive funds under the Evans-Allen pro- SERVICE
to exceed $5,000,000 each, and the cost of al- gram receives no less than $1,000,000: Pro- SALARIES AND EXPENSES
tering any one building during the fiscal vided further, That funds for education grants
year shall not exceed 10 percent of the cur- for Alaska Native and Native Hawaiian-serv- (INCLUDING TRANSFERS OF FUNDS)
rent replacement value of the building or ing institutions be made available to indi- For necessary expenses of the Animal and
$500,000, whichever is greater: Provided fur- vidual eligible institutions or consortia of el- Plant Health Inspection Service, including
ther, That appropriations hereunder shall be igible institutions with funds awarded equal- up to $30,000 for representation allowances
available for entering into lease agreements ly to each of the States of Alaska and Ha- and for expenses pursuant to the Foreign
at any Agricultural Research Service loca- waii: Provided further, That funds for pro- Service Act of 1980 (22 U.S.C. 4085),
tion for the construction of a research facil- viding grants for food and agricultural $1,171,071,000 of which up to $9,552,000 shall be
ity by a non-Federal entity for use by the sciences for Alaska Native and Native Ha- for the purposes, and in the amounts, speci-
Agricultural Research Service and a condi- waiian-Serving institutions and for Insular fied for this account in the table titled
tion of the lease shall be that any facility Areas shall remain available until Sep- ‘‘Community Project Funding/Congression-
shall be owned, operated, and maintained by tember 30, 2024: Provided further, That funds ally Directed Spending’’ in the explanatory
the non-Federal entity and shall be removed for education grants for 1890 institutions statement described in section 4 (in the mat-
upon the expiration or termination of the shall be made available to institutions eligi- ter preceding division A of this consolidated
lease agreement: Provided further, That the ble to receive funds under 7 U.S.C. 3221 and Act); of which $514,000, to remain available
limitations on alterations contained in this 3222: Provided further, That not more than 5 until expended, shall be available for the
Act shall not apply to modernization or re- percent of the amounts made available by control of outbreaks of insects, plant dis-
placement of existing facilities at Beltsville, this or any other Act to carry out the Agri- eases, animal diseases and for control of pest
Maryland: Provided further, That appropria- culture and Food Research Initiative under 7 animals and birds (‘‘contingency fund’’) to
tions hereunder shall be available for grant- U.S.C. 3157 may be retained by the Secretary the extent necessary to meet emergency con-
ing easements at the Beltsville Agricultural of Agriculture to pay administrative costs ditions; of which $15,450,000, to remain avail-
Research Center: Provided further, That the incurred by the Secretary in carrying out able until expended, shall be used for the cot-
foregoing limitations shall not apply to re- that authority. ton pests program, including for cost share
placement of buildings needed to carry out NATIVE AMERICAN INSTITUTIONS ENDOWMENT purposes or for debt retirement for active
the Act of April 24, 1948 (21 U.S.C. 113a): Pro- FUND eradication zones; of which $39,183,000, to re-
vided further, That appropriations hereunder main available until expended, shall be for
shall be available for granting easements at For the Native American Institutions En-
dowment Fund authorized by Public Law Animal Health Technical Services; of which
any Agricultural Research Service location $4,096,000 shall be for activities under the au-
for the construction of a research facility by 103–382 (7 U.S.C. 301 note), $11,880,000, to re-
main available until expended. thority of the Horse Protection Act of 1970,
a non-Federal entity for use by, and accept- as amended (15 U.S.C. 1831); of which
able to, the Agricultural Research Service EXTENSION ACTIVITIES
$64,930,000, to remain available until ex-
and a condition of the easements shall be For payments to States, the District of Co- pended, shall be used to support avian
that upon completion the facility shall be lumbia, Puerto Rico, Guam, the Virgin Is- health; of which $4,251,000, to remain avail-
accepted by the Secretary, subject to the lands, Micronesia, the Northern Marianas, able until expended, shall be for information
availability of funds herein, if the Secretary and American Samoa, $565,410,000 which shall technology infrastructure; of which
finds that acceptance of the facility is in the be for the purposes, and in the amounts, $216,117,000, to remain available until ex-
interest of the United States: Provided fur- specified in the table titled ‘‘National Insti- pended, shall be for specialty crop pests, of
ther, That funds may be received from any tute of Food and Agriculture, Extension Ac- which $8,500,000, to remain available until
State, other political subdivision, organiza- tivities’’ in the explanatory statement de- September 30, 2024, shall be for one-time con-
tion, or individual for the purpose of estab- scribed in section 4 (in the matter preceding trol and management and associated activi-
lishing or operating any research facility or division A of this consolidated Act): Pro- ties directly related to the multiple-agency
research project of the Agricultural Re- vided, That funds for extension services at response to citrus greening; of which,
search Service, as authorized by law. 1994 institutions and for facility improve- $14,986,000, to remain available until ex-
BUILDINGS AND FACILITIES ments at 1890 institutions shall remain avail- pended, shall be for field crop and rangeland
For the acquisition of land, construction, able until expended: Provided further, That ecosystem pests; of which $21,567,000, to re-
repair, improvement, extension, alteration, institutions eligible to receive funds under 7 main available until expended, shall be for
and purchase of fixed equipment or facilities U.S.C. 3221 for cooperative extension receive zoonotic disease management; of which
as necessary to carry out the agricultural re- no less than $1,000,000: Provided further, That $44,067,000, to remain available until ex-
search programs of the Department of Agri- funds for cooperative extension under sec- pended, shall be for emergency preparedness
culture, where not otherwise provided, tions 3(b) and (c) of the Smith-Lever Act (7 and response; of which $62,562,000, to remain
$74,297,000 to remain available until ex- U.S.C. 343(b) and (c)) and section 208(c) of available until expended, shall be for tree
pended, of which $56,697,000 shall be for the Public Law 93–471 shall be available for re- and wood pests; of which $6,500,000, to remain
purposes, and in the amounts, specified for tirement and employees’ compensation costs available until expended, shall be for the Na-
this account in the table titled ‘‘Community for extension agents. tional Veterinary Stockpile; of which up to
Project Funding/Congressionally Directed INTEGRATED ACTIVITIES $1,500,000, to remain available until ex-
Spending’’ in the explanatory statement de- pended, shall be for the scrapie program for
For the integrated research, education,
scribed in section 4 (in the matter preceding indemnities; of which $2,500,000, to remain
and extension grants programs, including
division A of this consolidated Act). available until expended, shall be for the
necessary administrative expenses,
wildlife damage management program for
NATIONAL INSTITUTE OF FOOD AND $41,500,000, which shall be for the purposes,
aviation safety: Provided, That of amounts
AGRICULTURE and in the amounts, specified in the table ti-
available under this heading for wildlife
RESEARCH AND EDUCATION ACTIVITIES tled ‘‘National Institute of Food and Agri-
services methods development, $1,000,000
culture, Integrated Activities’’ in the explan-
For payments to agricultural experiment shall remain available until expended: Pro-
atory statement described in section 4 (in
stations, for cooperative forestry and other vided further, That of amounts available
the matter preceding division A of this con-
research, for facilities, and for other ex- under this heading for the screwworm pro-
solidated Act): Provided, That funds for the
penses, $1,094,121,000 which shall be for the gram, $4,990,000 shall remain available until
Food and Agriculture Defense Initiative
purposes, and in the amounts, specified in expended; of which $24,527,000, to remain
shall remain available until September 30,
the table titled ‘‘National Institute of Food available until expended, shall be used to
2024: Provided further, That notwithstanding
and Agriculture, Research and Education Ac- carry out the science program and transition
any other provision of law, indirect costs
tivities’’ in the explanatory statement de- activities for the National Bio and Agro-de-
shall not be charged against any Extension
scribed in section 4 (in the matter preceding fense Facility located in Manhattan, Kansas:
Implementation Program Area grant award-
division A of this consolidated Act): Pro- Provided further, That no funds shall be used
ed under the Crop Protection/Pest Manage-
vided, That funds for research grants for 1994 to formulate or administer a brucellosis
ment Program (7 U.S.C. 7626).
institutions, education grants for 1890 insti- eradication program for the current fiscal
tutions, Hispanic serving institutions edu- OFFICE OF THE UNDER SECRETARY FOR year that does not require minimum match-
cation grants, capacity building for non- MARKETING AND REGULATORY PROGRAMS ing by the States of at least 40 percent: Pro-
land-grant colleges of agriculture, the agri- For necessary expenses of the Office of the vided further, That this appropriation shall
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culture and food research initiative, veteri- Under Secretary for Marketing and Regu- be available for the purchase, replacement,
nary medicine loan repayment, multicul- latory Programs, $1,617,000: Provided, That operation, and maintenance of aircraft: Pro-
tural scholars, graduate fellowship and insti- funds made available by this Act to an agen- vided further, That in addition, in emer-
tution challenge grants, grants management cy in the Marketing and Regulatory Pro- gencies which threaten any segment of the
systems, tribal colleges education equity grams mission area for salaries and expenses agricultural production industry of the
grants, and scholarships at 1890 institutions are available to fund up to one administra- United States, the Secretary may transfer
shall remain available until expended: Pro- tive support staff for the Office. from other appropriations or funds available
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7331
to the agencies or corporations of the De- on Appropriations of both Houses of Con- TITLE II
partment such sums as may be deemed nec- gress. FARM PRODUCTION AND CONSERVATION
essary, to be available only in such emer- PROGRAMS
FUNDS FOR STRENGTHENING MARKETS, INCOME,
gencies for the arrest and eradication of con- OFFICE OF THE UNDER SECRETARY FOR FARM
AND SUPPLY (SECTION 32)
tagious or infectious disease or pests of ani- PRODUCTION AND CONSERVATION
mals, poultry, or plants, and for expenses in (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the
accordance with sections 10411 and 10417 of Under Secretary for Farm Production and
the Animal Health Protection Act (7 U.S.C. Funds available under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c), shall be Conservation, $1,727,000: Provided, That funds
8310 and 8316) and sections 431 and 442 of the made available by this Act to an agency in
Plant Protection Act (7 U.S.C. 7751 and 7772), used only for commodity program expenses
as authorized therein, and other related op- the Farm Production and Conservation mis-
and any unexpended balances of funds trans- sion area for salaries and expenses are avail-
ferred for such emergency purposes in the erating expenses, except for: (1) transfers to
the Department of Commerce as authorized able to fund up to one administrative sup-
preceding fiscal year shall be merged with port staff for the Office.
such transferred amounts: Provided further, by the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.); (2) transfers otherwise provided FARM PRODUCTION AND CONSERVATION
That appropriations hereunder shall be
in this Act; and (3) not more than $21,501,000 BUSINESS CENTER
available pursuant to law (7 U.S.C. 2250) for
the repair and alteration of leased buildings for formulation and administration of mar- SALARIES AND EXPENSES
and improvements, but unless otherwise pro- keting agreements and orders pursuant to (INCLUDING TRANSFERS OF FUNDS)
vided the cost of altering any one building the Agricultural Marketing Agreement Act For necessary expenses of the Farm Pro-
during the fiscal year shall not exceed 10 per- of 1937 and the Agricultural Act of 1961 (Pub- duction and Conservation Business Center,
cent of the current replacement value of the lic Law 87–128). $248,684,000: Provided, That $60,228,000 of
building. PAYMENTS TO STATES AND POSSESSIONS
amounts appropriated for the current fiscal
In fiscal year 2023, the agency is authorized year pursuant to section 1241(a) of the Farm
to collect fees to cover the total costs of pro- For payments to departments of agri- Security and Rural Investment Act of 1985
viding technical assistance, goods, or serv- culture, bureaus and departments of mar- (16 U.S.C. 3841(a)) shall be transferred to and
ices requested by States, other political sub- kets, and similar agencies for marketing ac- merged with this account.
divisions, domestic and international organi- tivities under section 204(b) of the Agricul- FARM SERVICE AGENCY
zations, foreign governments, or individuals, tural Marketing Act of 1946 (7 U.S.C. 1623(b)), SALARIES AND EXPENSES
provided that such fees are structured such $1,235,000.
(INCLUDING TRANSFERS OF FUNDS)
that any entity’s liability for such fees is
LIMITATION ON INSPECTION AND WEIGHING For necessary expenses of the Farm Serv-
reasonably based on the technical assistance,
SERVICES EXPENSES ice Agency, $1,215,307,000, of which not less
goods, or services provided to the entity by
than $15,000,000 shall be for the hiring of new
the agency, and such fees shall be reim- Not to exceed $55,000,000 (from fees col-
employees to fill vacancies and anticipated
bursed to this account, to remain available lected) shall be obligated during the current vacancies at Farm Service Agency county
until expended, without further appropria- fiscal year for inspection and weighing serv- offices and farm loan officers and shall be
tion, for providing such assistance, goods, or ices: Provided, That if grain export activities available until September 30, 2024: Provided,
services. require additional supervision and oversight, That not more than 50 percent of the funding
BUILDINGS AND FACILITIES or other uncontrollable factors occur, this made available under this heading for infor-
For plans, construction, repair, preventive limitation may be exceeded by up to 10 per- mation technology related to farm program
maintenance, environmental support, im- cent with notification to the Committees on delivery may be obligated until the Sec-
provement, extension, alteration, and pur- Appropriations of both Houses of Congress. retary submits to the Committees on Appro-
chase of fixed equipment or facilities, as au- OFFICE OF THE UNDER SECRETARY FOR FOOD priations of both Houses of Congress, and re-
thorized by 7 U.S.C. 2250, and acquisition of SAFETY ceives written or electronic notification of
land as authorized by 7 U.S.C. 2268a, receipt from such Committees of, a plan for
$3,175,000, to remain available until ex- For necessary expenses of the Office of the expenditure that (1) identifies for each
pended. Under Secretary for Food Safety, $1,117,000: project/investment over $25,000 (a) the func-
AGRICULTURAL MARKETING SERVICE Provided, That funds made available by this tional and performance capabilities to be de-
Act to an agency in the Food Safety mission livered and the mission benefits to be real-
MARKETING SERVICES
area for salaries and expenses are available ized, (b) the estimated lifecycle cost for the
For necessary expenses of the Agricultural to fund up to one administrative support entirety of the project/investment, including
Marketing Service, $237,695,000, of which staff for the Office. estimates for development as well as mainte-
$7,504,000 shall be available for the purposes nance and operations, and (c) key milestones
of section 12306 of Public Law 113–79, and of FOOD SAFETY AND INSPECTION SERVICE
to be met; (2) demonstrates that each
which $1,000,000 shall be available for the For necessary expenses to carry out serv- project/investment is, (a) consistent with the
purposes of section 779 of division A of Public ices authorized by the Federal Meat Inspec- Farm Service Agency Information Tech-
Law 117–103: Provided, That of the amounts tion Act, the Poultry Products Inspection nology Roadmap, (b) being managed in ac-
made available under this heading, Act, and the Egg Products Inspection Act, cordance with applicable lifecycle manage-
$25,000,000, to remain available until ex- including not to exceed $10,000 for represen- ment policies and guidance, and (c) subject
pended, shall be to carry out section 12513 of tation allowances and for expenses pursuant to the applicable Department’s capital plan-
Public Law 115–334, of which $23,000,000 shall to section 8 of the Act approved August 3, ning and investment control requirements;
be for dairy business innovation initiatives 1956 (7 U.S.C. 1766), $1,158,266,000; and in addi- and (3) has been reviewed by the Government
established in Public Law 116–6 and the Sec- tion, $1,000,000 may be credited to this ac- Accountability Office and approved by the
retary shall take measures to ensure an count from fees collected for the cost of lab- Committees on Appropriations of both
equal distribution of funds between these oratory accreditation as authorized by sec- Houses of Congress: Provided further, That
three regional innovation initiatives: Pro- tion 1327 of the Food, Agriculture, Conserva- the agency shall submit a report by the end
vided further, That this appropriation shall tion and Trade Act of 1990 (7 U.S.C. 138f): Pro- of the fourth quarter of fiscal year 2023 to
be available pursuant to law (7 U.S.C. 2250) vided, That funds provided for the Public the Committees on Appropriations and the
for the alteration and repair of buildings and Health Data Communication Infrastructure Government Accountability Office, that
improvements, but the cost of altering any system shall remain available until ex- identifies for each project/investment that is
one building during the fiscal year shall not pended: Provided further, That no fewer than operational (a) current performance against
exceed 10 percent of the current replacement 148 full-time equivalent positions shall be key indicators of customer satisfaction, (b)
value of the building. employed during fiscal year 2023 for purposes current performance of service level agree-
Fees may be collected for the cost of stand- dedicated solely to inspections and enforce- ments or other technical metrics, (c) current
ardization activities, as established by regu- ment related to the Humane Methods of performance against a pre-established cost
lation pursuant to law (31 U.S.C. 9701), ex- Slaughter Act (7 U.S.C. 1901 et seq.): Provided baseline, (d) a detailed breakdown of current
cept for the cost of activities relating to the further, That the Food Safety and Inspection and planned spending on operational en-
development or maintenance of grain stand- Service shall continue implementation of hancements or upgrades, and (e) an assess-
ards under the United States Grain Stand- section 11016 of Public Law 110–246 as further ment of whether the investment continues to
ards Act, 7 U.S.C. 71 et seq. clarified by the amendments made in section meet business needs as intended as well as
LIMITATION ON ADMINISTRATIVE EXPENSES 12106 of Public Law 113–79: Provided further, alternatives to the investment: Provided fur-
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Not to exceed $62,596,000 (from fees col- That this appropriation shall be available ther, That the Secretary is authorized to use
lected) shall be obligated during the current pursuant to law (7 U.S.C. 2250) for the alter- the services, facilities, and authorities (but
fiscal year for administrative expenses: Pro- ation and repair of buildings and improve- not the funds) of the Commodity Credit Cor-
vided, That if crop size is understated and/or ments, but the cost of altering any one poration to make program payments for all
other uncontrollable events occur, the agen- building during the fiscal year shall not ex- programs administered by the Agency: Pro-
cy may exceed this limitation by up to 10 ceed 10 percent of the current replacement vided further, That other funds made avail-
percent with notification to the Committees value of the building. able to the Agency for authorized activities
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S7332 CONGRESSIONAL RECORD — SENATE December 19, 2022
may be advanced to and merged with this ac- For the cost of direct and guaranteed loans to surveys and investigations, engineering
count: Provided further, That of the amount and grants, including the cost of modifying operations, works of improvement, and
appropriated under this heading, $696,594,000 loans as defined in section 502 of the Con- changes in use of land, in accordance with
shall be made available to county commit- gressional Budget Act of 1974, as follows: the Watershed Protection and Flood Preven-
tees, to remain available until expended: $249,000 for emergency loans, to remain tion Act (16 U.S.C. 1001–1005 and 1007–1009)
Provided further, That, notwithstanding the available until expended; and $23,520,000 for and in accordance with the provisions of
preceding proviso, any funds made available direct farm operating loans, $11,228,000 for laws relating to the activities of the Depart-
to county committees in the current fiscal unsubsidized guaranteed farm operating ment, $75,000,000, to remain available until
year that the Administrator of the Farm loans, $10,983,000 for the relending program, expended, of which up to $20,591,000 shall be
Service Agency deems to exceed or not meet and $894,000 for Indian highly fractionated for the purposes, and in the amounts, speci-
the amount needed for the county commit- land loans. fied for this account in the table titled
tees may be transferred to or from the Farm In addition, for administrative expenses ‘‘Community Project Funding/Congression-
Service Agency for necessary expenses: Pro- necessary to carry out the direct and guar- ally Directed Spending’’ in the explanatory
vided further, That none of the funds avail- anteed loan programs, $326,461,000: Provided, statement described in section 4 (in the mat-
able to the Farm Service Agency shall be That of this amount, $305,803,000 shall be ter preceding division A of this consolidated
used to close Farm Service Agency county transferred to and merged with the appro- Act): Provided, That for funds provided by
offices: Provided further, That none of the priation for ‘‘Farm Service Agency, Salaries this Act or any other prior Act, the limita-
funds available to the Farm Service Agency and Expenses’’. tion regarding the size of the watershed or
shall be used to permanently relocate county Funds appropriated by this Act to the Ag- subwatershed exceeding two hundred and
based employees that would result in an of- ricultural Credit Insurance Program Ac- fifty thousand acres in which such activities
fice with two or fewer employees without count for farm ownership, operating and con- can be undertaken shall only apply for ac-
prior notification and approval of the Com- servation direct loans and guaranteed loans tivities undertaken for the primary purpose
mittees on Appropriations of both Houses of may be transferred among these programs: of flood prevention (including structural and
Congress. Provided, That the Committees on Appropria- land treatment measures): Provided further,
STATE MEDIATION GRANTS tions of both Houses of Congress are notified That of the amounts made available under
For grants pursuant to section 502(b) of the at least 15 days in advance of any transfer. this heading, $10,000,000 shall be allocated to
Agricultural Credit Act of 1987, as amended RISK MANAGEMENT AGENCY projects and activities that can commence
(7 U.S.C. 5101–5106), $7,000,000. SALARIES AND EXPENSES promptly following enactment; that address
GRASSROOTS SOURCE WATER PROTECTION For necessary expenses of the Risk Man- regional priorities for flood prevention, agri-
PROGRAM agement Agency, $66,870,000: Provided, That cultural water management, inefficient irri-
For necessary expenses to carry out well- $1,000,000 of the amount appropriated under gation systems, fish and wildlife habitat, or
head or groundwater protection activities this heading in this Act shall be available for watershed protection; or that address au-
under section 1240O of the Food Security Act compliance and integrity activities required thorized ongoing projects under the authori-
of 1985 (16 U.S.C. 3839bb–2), $7,500,000, to re- under section 516(b)(2)(C) of the Federal Crop ties of section 13 of the Flood Control Act of
main available until expended. Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), December 22, 1944 (Public Law 78–534) with a
DAIRY INDEMNITY PROGRAM and shall be in addition to amounts other- primary purpose of watershed protection by
wise provided for such purpose: Provided fur- preventing floodwater damage and stabi-
(INCLUDING TRANSFER OF FUNDS)
ther, That not to exceed $1,000 shall be avail- lizing stream channels, tributaries, and
For necessary expenses involved in making banks to reduce erosion and sediment trans-
indemnity payments to dairy farmers and able for official reception and representation
expenses, as authorized by 7 U.S.C. 1506(i). port: Provided further, That of the amounts
manufacturers of dairy products under a made available under this heading, $10,000,000
dairy indemnity program, such sums as may NATURAL RESOURCES CONSERVATION SERVICE
shall remain available until expended for the
be necessary, to remain available until ex- CONSERVATION OPERATIONS authorities under 16 U.S.C. 1001–1005 and
pended: Provided, That such program is car- For necessary expenses for carrying out 1007–1009 for authorized ongoing watershed
ried out by the Secretary in the same man- the provisions of the Act of April 27, 1935 (16 projects with a primary purpose of providing
ner as the dairy indemnity program de- U.S.C. 590a–f), including preparation of con- water to rural communities.
scribed in the Agriculture, Rural Develop- servation plans and establishment of meas-
ment, Food and Drug Administration, and WATERSHED REHABILITATION PROGRAM
ures to conserve soil and water (including
Related Agencies Appropriations Act, 2001 farm irrigation and land drainage and such Under the authorities of section 14 of the
(Public Law 106–387, 114 Stat. 1549A–12). special measures for soil and water manage- Watershed Protection and Flood Prevention
GEOGRAPHICALLY DISADVANTAGED FARMERS ment as may be necessary to prevent floods Act, $2,000,000 is provided.
AND RANCHERS and the siltation of reservoirs and to control HEALTHY FORESTS RESERVE PROGRAM
For necessary expenses to carry out direct agricultural related pollutants); operation of
reimbursement payments to geographically conservation plant materials centers; classi- For necessary expenses to carry out the
disadvantaged farmers and ranchers under fication and mapping of soil; dissemination Healthy Forests Reserve Program under the
section 1621 of the Food Conservation, and of information; acquisition of lands, water, Healthy Forests Restoration Act of 2003 (16
Energy Act of 2008 (7 U.S.C. 8792), $4,000,000, and interests therein for use in the plant ma- U.S.C. 6571–6578), $7,000,000, to remain avail-
to remain available until expended. terials program by donation, exchange, or able until expended.
AGRICULTURAL CREDIT INSURANCE FUND purchase at a nominal cost not to exceed $100 URBAN AGRICULTURE AND INNOVATIVE
PROGRAM ACCOUNT pursuant to the Act of August 3, 1956 (7 PRODUCTION
(INCLUDING TRANSFERS OF FUNDS) U.S.C. 2268a); purchase and erection or alter-
ation or improvement of permanent and tem- For necessary expenses to carry out the
For gross obligations for the principal Urban Agriculture and Innovative Produc-
amount of direct and guaranteed farm own- porary buildings; and operation and mainte-
nance of aircraft, $941,124,000, to remain tion Program under section 222 of subtitle A
ership (7 U.S.C. 1922 et seq.) and operating (7 of the Department of Agriculture Reorga-
U.S.C. 1941 et seq.) loans, emergency loans (7 available until September 30, 2024, of which
up to $22,973,000 shall be for the purposes, and nization Act of 1994 (7 U.S.C. 6923), as added
U.S.C. 1961 et seq.), Indian tribe land acquisi- by section 12302 of Public Law 115–334,
tion loans (25 U.S.C. 5136), boll weevil loans in the amounts, specified for this account in
the table titled ‘‘Community Project Fund- $8,500,000.
(7 U.S.C. 1989), guaranteed conservation
loans (7 U.S.C. 1924 et seq.), relending pro- ing/Congressionally Directed Spending’’ in CORPORATIONS
gram (7 U.S.C. 1936c), and Indian highly the explanatory statement described in sec-
The following corporations and agencies
fractionated land loans (25 U.S.C. 5136) to be tion 4 (in the matter preceding division A of
are hereby authorized to make expenditures,
available from funds in the Agricultural this consolidated Act): Provided further, That
within the limits of funds and borrowing au-
Credit Insurance Fund, as follows: appropriations hereunder shall be available
thority available to each such corporation or
$3,500,000,000 for guaranteed farm ownership pursuant to 7 U.S.C. 2250 for construction
agency and in accord with law, and to make
loans and $3,100,000,000 for farm ownership di- and improvement of buildings and public im-
contracts and commitments without regard
rect loans; $2,118,491,000 for unsubsidized provements at plant materials centers, ex-
to fiscal year limitations as provided by sec-
guaranteed operating loans and $1,633,333,000 cept that the cost of alterations and im-
tion 104 of the Government Corporation Con-
for direct operating loans; emergency loans, provements to other buildings and other pub-
trol Act as may be necessary in carrying out
$4,062,000; Indian tribe land acquisition loans, lic improvements shall not exceed $250,000:
the programs set forth in the budget for the
$20,000,000; guaranteed conservation loans, Provided further, That when buildings or
current fiscal year for such corporation or
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$150,000,000; relending program, $61,426,000; other structures are erected on non-Federal
agency, except as hereinafter provided.
Indian highly fractionated land loans, land, that the right to use such land is ob-
$5,000,000; and for boll weevil eradication pro- tained as provided in 7 U.S.C. 2250a. FEDERAL CROP INSURANCE CORPORATION FUND
gram loans, $60,000,000: Provided, That the WATERSHED AND FLOOD PREVENTION For payments as authorized by section 516
Secretary shall deem the pink bollworm to OPERATIONS of the Federal Crop Insurance Act (7 U.S.C.
be a boll weevil for the purpose of boll weevil For necessary expenses to carry out pre- 1516), such sums as may be necessary, to re-
eradication program loans. ventive measures, including but not limited main available until expended.
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7333
COMMODITY CREDIT CORPORATION FUND RURAL HOUSING SERVICE multi-family rental housing properties to re-
REIMBURSEMENT FOR NET REALIZED LOSSES RURAL HOUSING INSURANCE FUND PROGRAM structure existing USDA multi-family hous-
ACCOUNT ing loans, as the Secretary deems appro-
(INCLUDING TRANSFERS OF FUNDS) priate, expressly for the purposes of ensuring
(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as the project has sufficient resources to pre-
For gross obligations for the principal
may be necessary to reimburse the Com- serve the project for the purpose of providing
amount of direct and guaranteed loans as au-
modity Credit Corporation for net realized safe and affordable housing for low-income
thorized by title V of the Housing Act of
losses sustained, but not previously reim- residents and farm laborers including reduc-
1949, to be available from funds in the rural
bursed, pursuant to section 2 of the Act of ing or eliminating interest; deferring loan
housing insurance fund, as follows:
August 17, 1961 (15 U.S.C. 713a–11): Provided, payments, subordinating, reducing or re-am-
$1,250,000,000 shall be for direct loans,
That of the funds available to the Com- ortizing loan debt; and other financial assist-
$7,500,000 shall be for a Single Family Hous-
modity Credit Corporation under section 11 ance including advances, payments and in-
ing Relending demonstration program for
of the Commodity Credit Corporation Char- centives (including the ability of owners to
Native American Tribes, and $30,000,000,000
ter Act (15 U.S.C. 714i) for the conduct of its obtain reasonable returns on investment) re-
shall be for unsubsidized guaranteed loans;
business with the Foreign Agricultural Serv- quired by the Secretary: Provided, That the
$28,000,000 for section 504 housing repair
ice, up to $5,000,000 may be transferred to and Secretary shall, as part of the preservation
loans; $70,000,000 for section 515 rental hous-
used by the Foreign Agricultural Service for and revitalization agreement, obtain a re-
ing; $400,000,000 for section 538 guaranteed
information resource management activities strictive use agreement consistent with the
multi-family housing loans; $10,000,000 for
of the Foreign Agricultural Service that are terms of the restructuring.
credit sales of single family housing acquired
not related to Commodity Credit Corpora- property; $5,000,000 for section 523 self-help In addition, for the cost of direct loans,
tion business: Provided further, That the Sec- housing land development loans; and grants, and contracts, as authorized by sec-
retary shall notify the Committees on Ap- $5,000,000 for section 524 site development tions 514 and 516 of the Housing Act of 1949
propriations of the House and Senate in writ- loans. (42 U.S.C. 1484, 1486), $14,084,000, to remain
ing 15 days prior to the obligation or com- For the cost of direct and guaranteed available until expended, for direct farm
mitment of any emergency funds from the loans, including the cost of modifying loans, labor housing loans and domestic farm labor
Commodity Credit Corporation. as defined in section 502 of the Congressional housing grants and contracts.
HAZARDOUS WASTE MANAGEMENT Budget Act of 1974, as follows: section 502 In addition, for administrative expenses
loans, $46,375,000 shall be for direct loans; necessary to carry out the direct and guar-
(LIMITATION ON EXPENSES)
Single Family Housing Relending dem- anteed loan programs, $412,254,000 shall be
For the current fiscal year, the Commodity onstration program for Native American paid to the appropriation for ‘‘Rural Devel-
Credit Corporation shall not expend more Tribes, $2,468,000; section 504 housing repair opment, Salaries and Expenses’’.
than $15,000,000 for site investigation and loans, $2,324,000; section 523 self-help housing
RENTAL ASSISTANCE PROGRAM
cleanup expenses, and operations and main- land development loans, $267,000; section 524
tenance expenses to comply with the require- site development loans, $208,000; and repair, For rental assistance agreements entered
ment of section 107(g) of the Comprehensive rehabilitation, and new construction of sec- into or renewed pursuant to the authority
Environmental Response, Compensation, and tion 515 rental housing, $13,377,000: Provided, under section 521(a)(2) of the Housing Act of
Liability Act (42 U.S.C. 9607(g)), and section That to support the loan program level for 1949 or agreements entered into in lieu of
6001 of the Solid Waste Disposal Act (42 section 538 guaranteed loans made available debt forgiveness or payments for eligible
U.S.C. 6961). under this heading the Secretary may charge households as authorized by section
TITLE III or adjust any fees to cover the projected cost 502(c)(5)(D) of the Housing Act of 1949,
of such loan guarantees pursuant to the pro- $1,487,926,000, and in addition such sums as
RURAL DEVELOPMENT PROGRAMS visions of the Credit Reform Act of 1990 (2 may be necessary, as authorized by section
OFFICE OF THE UNDER SECRETARY FOR RURAL U.S.C. 661 et seq.), and the interest on such 521(c) of the Act, to liquidate debt incurred
DEVELOPMENT loans may not be subsidized: Provided further, prior to fiscal year 1992 to carry out the rent-
That applicants in communities that have a al assistance program under section 521(a)(2)
For necessary expenses of the Office of the
current rural area waiver under section 541 of the Act: Provided, That rental assistance
Under Secretary for Rural Development,
of the Housing Act of 1949 (42 U.S.C. 1490q) agreements entered into or renewed during
$1,620,000: Provided, That funds made avail-
shall be treated as living in a rural area for the current fiscal year shall be funded for a
able by this Act to an agency in the Rural
purposes of section 502 guaranteed loans pro- one-year period: Provided further, That upon
Development mission area for salaries and
vided under this heading: Provided further, request by an owner of a project financed by
expenses are available to fund up to one ad-
That of the amounts available under this an existing loan under section 514 or 515 of
ministrative support staff for the Office.
paragraph for section 502 direct loans, no less the Act, the Secretary may renew the rental
RURAL DEVELOPMENT than $5,000,000 shall be available for direct assistance agreement for a period of 20 years
SALARIES AND EXPENSES loans for individuals whose homes will be or until the term of such loan has expired,
built pursuant to a program funded with a subject to annual appropriations: Provided
(INCLUDING TRANSFERS OF FUNDS)
mutual and self-help housing grant author- further, That any unexpended balances re-
For necessary expenses for carrying out ized by section 523 of the Housing Act of 1949 maining at the end of such one-year agree-
the administration and implementation of until June 1, 2023: Provided further, That the ments may be transferred and used for pur-
Rural Development programs, including ac- Secretary shall implement provisions to pro- poses of any debt reduction, maintenance,
tivities with institutions concerning the de- vide incentives to nonprofit organizations repair, or rehabilitation of any existing
velopment and operation of agricultural co- and public housing authorities to facilitate projects; preservation; and rental assistance
operatives; and for cooperative agreements; the acquisition of Rural Housing Service activities authorized under title V of the
$351,087,000: Provided, That of the amount (RHS) multifamily housing properties by Act: Provided further, That rental assistance
made available under this heading, up to such nonprofit organizations and public provided under agreements entered into
$5,000,000, to remain available until Sep- housing authorities that commit to keep prior to fiscal year 2023 for a farm labor
tember 30, 2024, shall be for the Rural Part- such properties in the RHS multifamily multi-family housing project financed under
ners Network activities of the Department of housing program for a period of time as de- section 514 or 516 of the Act may not be re-
Agriculture, and may be transferred to other termined by the Secretary, with such incen- captured for use in another project until
agencies of the Department for such purpose, tives to include, but not be limited to, the such assistance has remained unused for a
consistent with the missions and authorities following: allow such nonprofit entities and period of 12 consecutive months, if such
of such agencies: Provided further, That of public housing authorities to earn a Return project has a waiting list of tenants seeking
the amount made available under this head- on Investment on their own resources to in- such assistance or the project has rental as-
ing, no less than $135,000,000, to remain avail- clude proceeds from low income housing tax sistance eligible tenants who are not receiv-
able until expended, shall be used for infor- credit syndication, own contributions, ing such assistance: Provided further, That
mation technology expenses: Provided fur- grants, and developer loans at favorable such recaptured rental assistance shall, to
ther, That notwithstanding any other provi- rates and terms, invested in a deal; and allow the extent practicable, be applied to another
sion of law, funds appropriated under this reimbursement of organizational costs asso- farm labor multi-family housing project fi-
heading may be used for advertising and pro- ciated with owner’s oversight of asset re- nanced under section 514 or 516 of the Act:
motional activities that support Rural De- ferred to as ‘‘Asset Management Fee’’ of up Provided further, That except as provided in
velopment programs: Provided further, That to $7,500 per property. the fourth proviso under this heading and
dlhill on DSK120RN23PROD with SENATE
in addition to any other funds appropriated In addition, for the cost of direct loans and notwithstanding any other provision of the
for purposes authorized by section 502(i) of grants, including the cost of modifying Act, the Secretary may recapture rental as-
the Housing Act of 1949 (42 U.S.C. 1472(i)), loans, as defined in section 502 of the Con- sistance provided under agreements entered
any amounts collected under such section, as gressional Budget Act of 1974, $36,000,000, to into prior to fiscal year 2023 for a project
amended by this Act, will immediately be remain available until expended, for a dem- that the Secretary determines no longer
credited to this account and will remain onstration program for the preservation and needs rental assistance and use such recap-
available until expended for such purposes. revitalization of the sections 514, 515, and 516 tured funds for current needs.
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S7334 CONGRESSIONAL RECORD — SENATE December 19, 2022
RURAL HOUSING VOUCHER ACCOUNT intermediary organizations shall provide shall be available through June 30, 2023, for
For the rural housing voucher program as matching funds from other sources, includ- Mississippi Delta Region counties (as deter-
authorized under section 542 of the Housing ing Federal funds for related activities, in an mined in accordance with Public Law 100–
Act of 1949, but notwithstanding subsection amount not less than funds provided: Pro- 460): Provided, That such costs, including the
(b) of such section, $48,000,000, to remain vided further, That any unobligated balances cost of modifying such loans, shall be as de-
available until expended: Provided, That the from prior year appropriations under this fined in section 502 of the Congressional
funds made available under this heading heading for the cost of direct loans, loan Budget Act of 1974.
shall be available for rural housing vouchers guarantees and grants, including amounts In addition, for administrative expenses to
to any low-income household (including deobligated or cancelled, may be made avail- carry out the direct loan programs, $4,468,000
those not receiving rental assistance) resid- able to cover the subsidy costs for direct shall be paid to the appropriation for ‘‘Rural
ing in a property financed with a section 515 loans and or loan guarantees under this Development, Salaries and Expenses’’.
loan which has been prepaid or otherwise heading in this fiscal year: Provided further, RURAL ECONOMIC DEVELOPMENT LOANS
paid off after September 30, 2005: Provided That no amounts may be made available pur- PROGRAM ACCOUNT
further, That the amount of such voucher suant to the preceding proviso from amounts For the principal amount of direct loans,
shall be the difference between comparable that were designated by the Congress as an as authorized under section 313B(a) of the
market rent for the section 515 unit and the emergency requirement pursuant to a Con- Rural Electrification Act, for the purpose of
tenant paid rent for such unit: Provided fur- current Resolution on the Budget or the Bal- promoting rural economic development and
ther, That funds made available for such anced Budget and Emergency Deficit Control job creation projects, $75,000,000.
vouchers shall be subject to the availability Act of 1985, or that were specified in the The cost of grants authorized under sec-
of annual appropriations: Provided further, table titled ‘‘Community Project Funding/ tion 313B(a) of the Rural Electrification Act,
That the Secretary shall, to the maximum Congressionally Directed Spending’’ in the for the purpose of promoting rural economic
extent practicable, administer such vouchers explanatory statement for division A of Pub- development and job creation projects shall
with current regulations and administrative lic Law 117-103 described in section 4 in the not exceed $15,000,000.
guidance applicable to section 8 housing matter preceding such division A: Provided
RURAL COOPERATIVE DEVELOPMENT GRANTS
vouchers administered by the Secretary of further, That $10,000,000 of the amount appro-
the Department of Housing and Urban Devel- priated under this heading shall be available For rural cooperative development grants
opment: Provided further, That in addition to for community facilities grants to tribal col- authorized under section 310B(e) of the Con-
any other available funds, the Secretary may leges, as authorized by section 306(a)(19) of solidated Farm and Rural Development Act
expend not more than $1,000,000 total, from such Act: Provided further, That sections (7 U.S.C. 1932), $28,300,000, of which $3,500,000
the program funds made available under this 381E–H and 381N of the Consolidated Farm shall be for cooperative agreements for the
heading, for administrative expenses for ac- and Rural Development Act are not applica- appropriate technology transfer for rural
tivities funded under this heading. ble to the funds made available under this areas program: Provided, That not to exceed
heading. $3,000,000 shall be for grants for cooperative
MUTUAL AND SELF-HELP HOUSING GRANTS
RURAL BUSINESS—COOPERATIVE SERVICE development centers, individual coopera-
For grants and contracts pursuant to sec- tives, or groups of cooperatives that serve
tion 523(b)(1)(A) of the Housing Act of 1949 (42 RURAL BUSINESS PROGRAM ACCOUNT
socially disadvantaged groups and a major-
U.S.C. 1490c), $32,000,000, to remain available For the cost of loan guarantees and grants, ity of the boards of directors or governing
until expended. for the rural business development programs boards of which are comprised of individuals
RURAL HOUSING ASSISTANCE GRANTS authorized by section 310B and described in who are members of socially disadvantaged
For grants for very low-income housing re- subsections (a), (c), (f) and (g) of section 310B groups; and of which $16,000,000, to remain
pair and rural housing preservation made by of the Consolidated Farm and Rural Develop- available until expended, shall be for value-
the Rural Housing Service, as authorized by ment Act, $86,520,000, to remain available added agricultural product market develop-
42 U.S.C. 1474, and 1490m, $48,000,000, to re- until expended: Provided, That of the amount ment grants, as authorized by section 210A of
main available until expended. appropriated under this heading, not to ex- the Agricultural Marketing Act of 1946, of
RURAL COMMUNITY FACILITIES PROGRAM ceed $500,000 shall be made available for one which $3,000,000, to remain available until ex-
ACCOUNT grant to a qualified national organization to pended, shall be for Agriculture Innovation
provide technical assistance for rural trans- Centers authorized pursuant to section 6402
(INCLUDING TRANSFERS OF FUNDS)
portation in order to promote economic de- of Public Law 107–171.
For gross obligations for the principal velopment and $9,000,000 shall be for grants
amount of direct and guaranteed loans as au- RURAL MICROENTREPRENEUR ASSISTANCE
to the Delta Regional Authority (7 U.S.C.
thorized by section 306 and described in sec- PROGRAM
2009aa et seq.), the Northern Border Regional
tion 381E(d)(1) of the Consolidated Farm and Commission (40 U.S.C. 15101 et seq.), and the For the principal amount of direct loans as
Rural Development Act, $2,800,000,000 for di- Appalachian Regional Commission (40 U.S.C. authorized by section 379E of the Consoli-
rect loans and $650,000,000 for guaranteed 14101 et seq.) for any Rural Community Ad- dated Farm and Rural Development Act (7
loans. vancement Program purpose as described in U.S.C. 2008s), $25,000,000.
For the cost of direct loans, loan guaran- section 381E(d) of the Consolidated Farm and For the cost of loans and grants, $6,000,000
tees and grants, including the cost of modi- Rural Development Act, of which not more under the same terms and conditions as au-
fying loans, as defined in section 502 of the than 5 percent may be used for administra- thorized by section 379E of the Consolidated
Congressional Budget Act of 1974, for rural tive expenses: Provided further, That Farm and Rural Development Act (7 U.S.C.
community facilities programs as authorized $4,000,000 of the amount appropriated under 2008s).
by section 306 and described in section this heading shall be for business grants to RURAL ENERGY FOR AMERICA PROGRAM
381E(d)(1) of the Consolidated Farm and benefit Federally Recognized Native Amer- For the principal amount of loan guaran-
Rural Development Act, $341,490,328, to re- ican Tribes, including $250,000 for a grant to tees, under the same terms and conditions as
main available until expended, of which up a qualified national organization to provide authorized by section 9007 of the Farm Secu-
to $325,490,328 shall be for the purposes, and technical assistance for rural transportation rity and Rural Investment Act of 2002 (7
in the amounts, specified for this account in in order to promote economic development: U.S.C. 8107), $20,000,000.
the table titled ‘‘Community Project Fund- Provided further, That of the amount appro- For the cost of a program of loan guaran-
ing/Congressionally Directed Spending’’ in priated under this heading, $2,000,000 shall be tees, under the same terms and conditions as
the explanatory statement described in sec- for the Rural Innovation Stronger Economy authorized by section 9007 of the Farm Secu-
tion 4 (in the matter preceding division A of Grant Program (7 U.S.C. 2008w): Provided fur- rity and Rural Investment Act of 2002 (7
this consolidated Act): Provided, That ther, That sections 381E–H and 381N of the U.S.C. 8107), $18,000: Provided, That the cost
$6,000,000 of the amount appropriated under Consolidated Farm and Rural Development of loan guarantees, including the cost of
this heading shall be available for a Rural Act are not applicable to funds made avail- modifying such loans, shall be as defined in
Community Development Initiative: Provided able under this heading. section 502 of the Congressional Budget Act
further, That such funds shall be used solely
INTERMEDIARY RELENDING PROGRAM FUND of 1974.
to develop the capacity and ability of pri-
ACCOUNT HEALTHY FOOD FINANCING INITIATIVE
vate, nonprofit community-based housing
and community development organizations, (INCLUDING TRANSFER OF FUNDS) For the cost of loans and grants that is
low-income rural communities, and Feder- For the principal amount of direct loans, consistent with section 243 of subtitle D of
ally Recognized Native American Tribes to as authorized by the Intermediary Relending title II of the Department of Agriculture Re-
undertake projects to improve housing, com- Program Fund Account (7 U.S.C. 1936b), organization Act of 1994 (7 U.S.C. 6953), as
dlhill on DSK120RN23PROD with SENATE
munity facilities, community and economic $18,889,000. added by section 4206 of the Agricultural Act
development projects in rural areas: Provided For the cost of direct loans, $3,313,000, as of 2014, for necessary expenses of the Sec-
further, That such funds shall be made avail- authorized by the Intermediary Relending retary to support projects that provide ac-
able to qualified private, nonprofit and pub- Program Fund Account (7 U.S.C. 1936b), of cess to healthy food in underserved areas, to
lic intermediary organizations proposing to which $331,000 shall be available through create and preserve quality jobs, and to revi-
carry out a program of financial and tech- June 30, 2023, for Federally Recognized Na- talize low-income communities, $3,000,000, to
nical assistance: Provided further, That such tive American Tribes; and of which $663,000 remain available until expended: Provided,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7335
That such costs of loans, including the cost rural water systems: Provided further, That tion 4 (in the matter preceding division A of
of modifying such loans, shall be as defined not to exceed $4,000,000 of the amounts made this consolidated Act): Provided, That
in section 502 of the Congressional Budget available under this heading shall be for $3,000,000 shall be made available for grants
Act of 1974. solid waste management grants: Provided fur- authorized by section 379G of the Consoli-
RURAL UTILITIES SERVICE ther, That not to exceed $2,724,000 of the dated Farm and Rural Development Act: Pro-
RURAL WATER AND WASTE DISPOSAL PROGRAM amounts appropriated under this heading vided further, That funding provided under
ACCOUNT shall be available as the Secretary deems ap- this heading for grants under section 379G of
propriate for water and waste direct one per- the Consolidated Farm and Rural Develop-
(INCLUDING TRANSFERS OF FUNDS)
cent loans for distressed communities: Pro- ment Act may only be provided to entities
For gross obligations for the principal that meet all of the eligibility criteria for a
vided further, That if the Secretary deter-
amount of direct and guaranteed loans as au- consortium as established by this section.
mines that any portion of the amount made
thorized by section 306 and described in sec- For the cost of broadband loans, as author-
available for one percent loans is not needed
tion 381E(d)(2) of the Consolidated Farm and ized by sections 601 and 602 of the Rural Elec-
for such loans, the Secretary may use such
Rural Development Act, as follows: trification Act, $3,000,000, to remain avail-
amounts for grants authorized by section
$1,420,000,000 for direct loans; and $50,000,000 able until expended: Provided, That the cost
306(a)(2) of the Consolidated Farm and Rural
for guaranteed loans. of direct loans shall be as defined in section
For the cost of loan guarantees and grants, Development Act: Provided further, That if
any funds made available for the direct loan 502 of the Congressional Budget Act of 1974.
including the cost of modifying loans, as de- For the cost to continue a broadband loan
fined in section 502 of the Congressional subsidy costs remain unobligated after July
and grant pilot program established by sec-
Budget Act of 1974, for rural water, waste 31, 2024, such unobligated balances may be
tion 779 of division A of the Consolidated Ap-
water, waste disposal, and solid waste man- used for grant programs funded under this
propriations Act, 2018 (Public Law 115–141)
agement programs authorized by sections heading: Provided further, That $10,000,000 of
under the Rural Electrification Act of 1936,
306, 306A, 306C, 306D, 306E, and 310B and de- the amount appropriated under this heading
as amended (7 U.S.C. 901 et seq.), $363,512,317,
scribed in sections 306C(a)(2), 306D, 306E, and shall be transferred to, and merged with, the
to remain available until expended, of which
381E(d)(2) of the Consolidated Farm and Rural Utilities Service, High Energy Cost
up to $15,512,317 shall be for the purposes, and
Rural Development Act, $596,404,000, to re- Grants Account to provide grants authorized
in the amounts, specified for this account in
main available until expended, of which not under section 19 of the Rural Electrification the table titled ‘‘Community Project Fund-
to exceed $1,000,000 shall be available for the Act of 1936 (7 U.S.C. 918a): Provided further, ing/Congressionally Directed Spending’’ in
rural utilities program described in section That sections 381E–H and 381N of the Con- the explanatory statement described in sec-
306(a)(2)(B) of such Act, and of which not to solidated Farm and Rural Development Act tion 4 (in the matter preceding division A of
exceed $5,000,000 shall be available for the are not applicable to the funds made avail- this consolidated Act): Provided, That the
rural utilities program described in section able under this heading. Secretary may award grants described in
306E of such Act: Provided, That not to ex- RURAL ELECTRIFICATION AND TELECOMMUNI- section 601(a) of the Rural Electrification
ceed $15,000,000 of the amount appropriated CATIONS LOANS PROGRAM ACCOUNT Act of 1936, as amended (7 U.S.C. 950bb(a)) for
under this heading shall be for grants au- (INCLUDING TRANSFER OF FUNDS) the purposes of carrying out such pilot pro-
thorized by section 306A(i)(2) of the Consoli- gram: Provided further, That the cost of di-
The principal amount of loans and loan
dated Farm and Rural Development Act in rect loans shall be defined in section 502 of
guarantees as authorized by sections 4, 305,
addition to funding authorized by section the Congressional Budget Act of 1974: Pro-
306, 313A, and 317 of the Rural Electrification
306A(i)(1) of such Act: Provided further, That vided further, That at least 90 percent of the
Act of 1936 (7 U.S.C. 904, 935, 936, 940c–1, and
$70,000,000 of the amount appropriated under households to be served by a project receiv-
940g) shall be made as follows: guaranteed
this heading shall be for loans and grants in- ing a loan or grant under the pilot program
rural electric loans made pursuant to section
cluding water and waste disposal systems shall be in a rural area without sufficient ac-
306 of that Act, $2,167,000,000; cost of money
grants authorized by section 306C(a)(2)(B) cess to broadband: Provided further, That for
direct loans made pursuant to sections 4,
and section 306D of the Consolidated Farm purposes of such pilot program, a rural area
notwithstanding the one-eighth of one per-
and Rural Development Act, and Federally without sufficient access to broadband shall
cent in 4(c)(2), and 317, notwithstanding
Recognized Native American Tribes author- be defined as twenty-five megabits per sec-
317(c), of that Act, $4,333,000,000; guaranteed
ized by 306C(a)(1) of such Act: Provided fur- ond downstream and three megabits per sec-
underwriting loans pursuant to section 313A ond upstream: Provided further, That to the
ther, That funding provided for section 306D
of that Act, $900,000,000; and for cost-of- extent possible, projects receiving funds pro-
of the Consolidated Farm and Rural Develop-
money rural telecommunications loans made vided under the pilot program must build out
ment Act may be provided to a consortium
pursuant to section 305(d)(2) of that Act, service to at least one hundred megabits per
formed pursuant to section 325 of Public Law
$690,000,000: Provided, That up to $2,000,000,000 second downstream, and twenty megabits
105–83: Provided further, That not more than 2
shall be used for the construction, acquisi- per second upstream: Provided further, That
percent of the funding provided for section
tion, design, engineering or improvement of an entity to which a loan or grant is made
306D of the Consolidated Farm and Rural De-
fossil-fueled electric generating plants under the pilot program shall not use the
velopment Act may be used by the State of
(whether new or existing) that utilize carbon loan or grant to overbuild or duplicate
Alaska for training and technical assistance
subsurface utilization and storage systems. broadband service in a service area by any
programs and not more than 2 percent of the
For the cost of direct loans as authorized entity that has received a broadband loan
funding provided for section 306D of the Con-
by section 305(d)(2) of the Rural Electrifica- from the Rural Utilities Service unless such
solidated Farm and Rural Development Act
tion Act of 1936 (7 U.S.C. 935(d)(2)), including service is not provided sufficient access to
may be used by a consortium formed pursu-
the cost of modifying loans, as defined in broadband at the minimum service thresh-
ant to section 325 of Public Law 105–83 for
section 502 of the Congressional Budget Act old: Provided further, That not more than
training and technical assistance programs:
of 1974, cost of money rural telecommuni- four percent of the funds made available in
Provided further, That not to exceed
cations loans, $3,726,000. this paragraph can be used for administra-
$37,500,000 of the amount appropriated under
In addition, $11,500,000 to remain available tive costs to carry out the pilot program and
this heading shall be for technical assistance
until expended, to carry out section 6407 of up to three percent of funds made available
grants for rural water and waste systems
the Farm Security and Rural Investment in this paragraph may be available for tech-
pursuant to section 306(a)(14) of such Act, un-
Act of 2002 (7 U.S.C. 8107a): Provided, That nical assistance and pre-development plan-
less the Secretary makes a determination of
the energy efficiency measures supported by ning activities to support the most rural
extreme need, of which $8,500,000 shall be
the funding in this paragraph shall con- communities: Provided further, That the
made available for a grant to a qualified
tribute in a demonstrable way to the reduc- Rural Utilities Service is directed to expe-
nonprofit multi-State regional technical as-
tion of greenhouse gases. dite program delivery methods that would
sistance organization, with experience in
In addition, for administrative expenses implement this paragraph: Provided further,
working with small communities on water
necessary to carry out the direct and guar- That for purposes of this paragraph, the Sec-
and waste water problems, the principal pur-
anteed loan programs, $33,270,000, which shall retary shall adhere to the notice, reporting
pose of such grant shall be to assist rural
be paid to the appropriation for ‘‘Rural De- and service area assessment requirements
communities with populations of 3,300 or
velopment, Salaries and Expenses’’. set forth in section 701 of the Rural Elec-
less, in improving the planning, financing,
DISTANCE LEARNING, TELEMEDICINE, AND trification Act (7 U.S.C. 950cc).
development, operation, and management of
BROADBAND PROGRAM In addition, $35,000,000, to remain available
water and waste water systems, and of which until expended, for the Community Connect
not less than $800,000 shall be for a qualified For grants for telemedicine and distance Grant Program authorized by 7 U.S.C. 950bb–
national Native American organization to learning services in rural areas, as author- 3.
dlhill on DSK120RN23PROD with SENATE
provide technical assistance for rural water ized by 7 U.S.C. 950aaa et seq., $64,991,000, to
remain available until expended, of which up TITLE IV
systems for tribal communities: Provided fur-
ther, That not to exceed $21,180,000 of the to $4,991,000 shall be for the purposes, and in DOMESTIC FOOD PROGRAMS
amount appropriated under this heading the amounts, specified for this account in OFFICE OF THE UNDER SECRETARY FOR FOOD,
shall be for contracting with qualified na- the table titled ‘‘Community Project Fund- NUTRITION, AND CONSUMER SERVICES
tional organizations for a circuit rider pro- ing/Congressionally Directed Spending’’ in For necessary expenses of the Office of the
gram to provide technical assistance for the explanatory statement described in sec- Under Secretary for Food, Nutrition, and
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S7336 CONGRESSIONAL RECORD — SENATE December 19, 2022
Consumer Services, $1,376,000: Provided, That authorized by section 17 of the Child Nutri- lands, as authorized by section 103(f)(2) of the
funds made available by this Act to an agen- tion Act of 1966 (42 U.S.C. 1786), $6,000,000,000, Compact of Free Association Amendments
cy in the Food, Nutrition and Consumer to remain available through September 30, Act of 2003 (Public Law 108–188); and the
Services mission area for salaries and ex- 2024: Provided, That notwithstanding section Farmers’ Market Nutrition Program, as au-
penses are available to fund up to one admin- 17(h)(10) of the Child Nutrition Act of 1966 (42 thorized by section 17(m) of the Child Nutri-
istrative support staff for the Office. U.S.C. 1786(h)(10)), not less than $90,000,000 tion Act of 1966, $457,710,000, to remain avail-
FOOD AND NUTRITION SERVICE shall be used for breastfeeding peer coun- able through September 30, 2024: Provided,
CHILD NUTRITION PROGRAMS selors and other related activities, and That none of these funds shall be available
$14,000,000 shall be used for infrastructure: to reimburse the Commodity Credit Corpora-
(INCLUDING TRANSFERS OF FUNDS)
Provided further, That the Secretary shall use tion for commodities donated to the pro-
For necessary expenses to carry out the funds made available under this heading to gram: Provided further, That notwithstanding
Richard B. Russell National School Lunch increase the amount of a cash-value voucher any other provision of law, effective with
Act (42 U.S.C. 1751 et seq.), except section 21, for women and children participants to an funds made available in fiscal year 2023 to
and the Child Nutrition Act of 1966 (42 U.S.C. amount recommended by the National Acad- support the Seniors Farmers’ Market Nutri-
1771 et seq.), except sections 17 and 21; emies of Science, Engineering and Medicine tion Program, as authorized by section 4402
$28,545,432,000 to remain available through and adjusted for inflation: Provided further, of the Farm Security and Rural Investment
September 30, 2024, of which such sums as are That none of the funds provided in this ac- Act of 2002, such funds shall remain available
made available under section 14222(b)(1) of count shall be available for the purchase of through September 30, 2024: Provided further,
the Food, Conservation, and Energy Act of infant formula except in accordance with the That of the funds made available under sec-
2008 (Public Law 110–246), as amended by this cost containment and competitive bidding tion 27(a) of the Food and Nutrition Act of
Act, shall be merged with and available for requirements specified in section 17 of such 2008 (7 U.S.C. 2036(a)), the Secretary may use
the same time period and purposes as pro- Act: Provided further, That none of the funds up to 20 percent for costs associated with the
vided herein: Provided, That of the total provided shall be available for activities that distribution of commodities.
amount available, $20,162,000 shall be avail- are not fully reimbursed by other Federal NUTRITION PROGRAMS ADMINISTRATION
able to carry out section 19 of the Child Nu- Government departments or agencies unless
trition Act of 1966 (42 U.S.C. 1771 et seq.): For necessary administrative expenses of
authorized by section 17 of such Act: Pro- the Food and Nutrition Service for carrying
Provided further, That of the total amount vided further, That upon termination of a fed-
available, $21,005,000 shall be available to out any domestic nutrition assistance pro-
erally mandated vendor moratorium and gram, $189,348,000: Provided, That of the funds
carry out studies and evaluations and shall subject to terms and conditions established
remain available until expended: Provided provided herein, $2,000,000 shall be used for
by the Secretary, the Secretary may waive the purposes of section 4404 of Public Law
further, That of the total amount available, the requirement at 7 CFR 246.12(g)(6) at the
$14,000,000 shall remain available until ex- 107–171, as amended by section 4401 of Public
request of a State agency. Law 110–246.
pended to carry out section 18(g) of the Rich-
SUPPLEMENTAL NUTRITION ASSISTANCE TITLE V
ard B. Russell National School Lunch Act (42
PROGRAM
U.S.C. 1769(g)): Provided further, That not- FOREIGN ASSISTANCE AND RELATED
withstanding section 18(g)(3)(C) of the Rich- For necessary expenses to carry out the PROGRAMS
ard B. Russell National School Lunch Act (42 Food and Nutrition Act of 2008 (7 U.S.C. 2011
OFFICE OF THE UNDER SECRETARY FOR TRADE
U.S.C. 1769(g)(3)(c)), the total grant amount et seq.), $153,863,723,000, of which AND FOREIGN AGRICULTURAL AFFAIRS
provided to a farm to school grant recipient $3,000,000,000, to remain available through
September 30, 2025, shall be placed in reserve For necessary expenses of the Office of the
in fiscal year 2023 shall not exceed $500,000: Under Secretary for Trade and Foreign Agri-
Provided further, That of the total amount for use only in such amounts and at such
cultural Affairs, $932,000: Provided, That
available, $30,000,000 shall be available to times as may become necessary to carry out
funds made available by this Act to any
provide competitive grants to State agencies program operations: Provided, That funds
agency in the Trade and Foreign Agricul-
for subgrants to local educational agencies provided herein shall be expended in accord-
tural Affairs mission area for salaries and
and schools to purchase the equipment, with ance with section 16 of the Food and Nutri-
expenses are available to fund up to one ad-
a value of greater than $1,000, needed to tion Act of 2008: Provided further, That of the
ministrative support staff for the Office.
serve healthier meals, improve food safety, funds made available under this heading,
$998,000 may be used to provide nutrition OFFICE OF CODEX ALIMENTARIUS
and to help support the establishment, main-
tenance, or expansion of the school breakfast education services to State agencies and For necessary expenses of the Office of
program: Provided further, That of the total Federally Recognized Tribes participating in Codex Alimentarius, $4,922,000, including not
amount available, $40,000,000 shall remain the Food Distribution Program on Indian to exceed $40,000 for official reception and
available until expended to carry out section Reservations: Provided further, That of the representation expenses.
749(g) of the Agriculture Appropriations Act funds made available under this heading, FOREIGN AGRICULTURAL SERVICE
of 2010 (Public Law 111–80): Provided further, $3,000,000, to remain available until Sep- SALARIES AND EXPENSES
That of the total amount available, $2,000,000 tember 30, 2024, shall be used to carry out (INCLUDING TRANSFERS OF FUNDS)
shall remain available until expended to section 4003(b) of Public Law 115–334 relating For necessary expenses of the Foreign Ag-
carry out activities authorized under sub- to demonstration projects for tribal organi- ricultural Service, including not to exceed
sections (a)(2) and (e)(2) of section 21 of the zations: Provided further, That this appro- $250,000 for representation allowances and for
Richard B. Russell National School Lunch priation shall be subject to any work reg- expenses pursuant to section 8 of the Act ap-
Act (42 U.S.C. 1769b–1(a)(2) and (e)(2)): Pro- istration or workfare requirements as may proved August 3, 1956 (7 U.S.C. 1766),
vided further, That of the total amount avail- be required by law: Provided further, That $237,330,000, of which no more than 6 percent
able, $3,000,000 shall be available until Sep- funds made available for Employment and shall remain available until September 30,
tember 30, 2024 to carry out section 23 of the Training under this heading shall remain 2024, for overseas operations to include the
Child Nutrition Act of 1966 (42 U.S.C. 1793), of available through September 30, 2024: Pro- payment of locally employed staff: Provided,
which $1,000,000 shall be for grants under vided further, That funds made available That the Service may utilize advances of
such section to the Commonwealth of Puerto under this heading for section 28(d)(1), sec- funds, or reimburse this appropriation for ex-
Rico, the Commonwealth of the Northern tion 4(b), and section 27(a) of the Food and penditures made on behalf of Federal agen-
Mariana Islands, the United States Virgin Is- Nutrition Act of 2008 shall remain available cies, public and private organizations and in-
lands, Guam, and American Samoa: Provided through September 30, 2024: Provided further, stitutions under agreements executed pursu-
further, That section 26(d) of the Richard B. That none of the funds made available under ant to the agricultural food production as-
Russell National School Lunch Act (42 U.S.C. this heading may be obligated or expended in sistance programs (7 U.S.C. 1737) and the for-
1769g(d)) is amended in the first sentence by contravention of section 213A of the Immi- eign assistance programs of the United
striking ‘‘2010 through 2023’’ and inserting gration and Nationality Act (8 U.S.C. 1183A): States Agency for International Develop-
‘‘2010 through 2024’’: Provided further, That Provided further, That funds made available ment: Provided further, That funds made
section 9(h)(3) of the Richard B. Russell Na- under this heading may be used to enter into available for middle-income country training
tional School Lunch Act (42 U.S.C. 1758(h)(3)) contracts and employ staff to conduct stud- programs, funds made available for the
is amended in the first sentence by striking ies, evaluations, or to conduct activities re- Borlaug International Agricultural Science
‘‘For fiscal year 2022’’ and inserting ‘‘For fis- lated to program integrity provided that and Technology Fellowship program, and up
cal year 2023’’: Provided further, That section such activities are authorized by the Food to $2,000,000 of the Foreign Agricultural
9(h)(4) of the Richard B. Russell National and Nutrition Act of 2008. Service appropriation solely for the purpose
School Lunch Act (42 U.S.C. 1758(h)(4)) is COMMODITY ASSISTANCE PROGRAM of offsetting fluctuations in international
dlhill on DSK120RN23PROD with SENATE
amended in the first sentence by striking For necessary expenses to carry out dis- currency exchange rates, subject to docu-
‘‘For fiscal year 2022’’ and inserting ‘‘For fis- aster assistance and the Commodity Supple- mentation by the Foreign Agricultural Serv-
cal year 2023’’. mental Food Program as authorized by sec- ice, shall remain available until expended.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM tion 4(a) of the Agriculture and Consumer FOOD FOR PEACE TITLE II GRANTS
FOR WOMEN, INFANTS, AND CHILDREN (WIC) Protection Act of 1973 (7 U.S.C. 612c note); For expenses during the current fiscal
For necessary expenses to carry out the the Emergency Food Assistance Act of 1983; year, not otherwise recoverable, and unre-
special supplemental nutrition program as special assistance for the nuclear affected is- covered prior years’ costs, including interest
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7337
thereon, under the Food for Peace Act (Pub- 379j–12, and shall be credited to this account shall only be from amounts made available
lic Law 83–480), for commodities supplied in and remain available until expended; under this heading for other activities and
connection with dispositions abroad under $29,303,000 shall be derived from generic new shall not exceed $2,000,000: Provided further,
title II of said Act, $1,750,000,000, to remain animal drug user fees authorized by 21 U.S.C. That of the amounts that are made available
available until expended. 379j–21, and shall be credited to this account under this heading for ‘‘other activities’’,
MCGOVERN-DOLE INTERNATIONAL FOOD FOR and remain available until expended; and that are not derived from user fees,
EDUCATION AND CHILD NUTRITION PROGRAM $712,000,000 shall be derived from tobacco $1,500,000 shall be transferred to and merged
GRANTS product user fees authorized by 21 U.S.C. with the appropriation for ‘‘Department of
387s, and shall be credited to this account Health and Human Services—Office of In-
For necessary expenses to carry out the
and remain available until expended: Pro- spector General’’ for oversight of the pro-
provisions of section 3107 of the Farm Secu-
vided further, That in addition to and not- grams and operations of the Food and Drug
rity and Rural Investment Act of 2002 (7
withstanding any other provision under this Administration and shall be in addition to
U.S.C. 1736o–1), $243,331,000, to remain avail-
heading, amounts collected for prescription funds otherwise made available for oversight
able until expended: Provided, That the Com-
drug user fees, medical device user fees, of the Food and Drug Administration: Pro-
modity Credit Corporation is authorized to
human generic drug user fees, biosimilar bio- vided further, That funds may be transferred
provide the services, facilities, and authori-
logical product user fees, animal drug user from one specified activity to another with
ties for the purpose of implementing such fees, and generic new animal drug user fees
section, subject to reimbursement from the prior approval of the Committees on Ap-
that exceed the respective fiscal year 2023 propriations of both Houses of Congress.
amounts provided herein: Provided further, limitations are appropriated and shall be
That of the amount made available under In addition, mammography user fees au-
credited to this account and remain avail- thorized by 42 U.S.C. 263b, export certifi-
this heading, not more than 10 percent, but able until expended: Provided further, That
not less than $24,300,000, shall remain avail- cation user fees authorized by 21 U.S.C. 381,
fees derived from prescription drug, medical priority review user fees authorized by 21
able until expended to purchase agricultural device, human generic drug, biosimilar bio-
commodities as described in subsection U.S.C. 360n and 360ff, food and feed recall
logical product, animal drug, and generic fees, food reinspection fees, and voluntary
3107(a)(2) of the Farm Security and Rural In- new animal drug assessments for fiscal year
vestment Act of 2002 (7 U.S.C. 1736o–1(a)(2)). qualified importer program fees authorized
2023, including any such fees collected prior by 21 U.S.C. 379j–31, outsourcing facility fees
COMMODITY CREDIT CORPORATION EXPORT to fiscal year 2023 but credited for fiscal year authorized by 21 U.S.C. 379j–62, prescription
(LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT 2023, shall be subject to the fiscal year 2023 drug wholesale distributor licensing and in-
(INCLUDING TRANSFERS OF FUNDS) limitations: Provided further, That the Sec- spection fees authorized by 21 U.S.C.
For administrative expenses to carry out retary may accept payment during fiscal 353(e)(3), third-party logistics provider li-
the Commodity Credit Corporation’s Export year 2023 of user fees specified under this censing and inspection fees authorized by 21
Guarantee Program, GSM 102 and GSM 103, heading and authorized for fiscal year 2024, U.S.C. 360eee–3(c)(1), third-party auditor fees
$6,063,000, to cover common overhead ex- prior to the due date for such fees, and that authorized by 21 U.S.C. 384d(c)(8), medical
penses as permitted by section 11 of the Com- amounts of such fees assessed for fiscal year countermeasure priority review voucher user
modity Credit Corporation Charter Act and 2024 for which the Secretary accepts pay- fees authorized by 21 U.S.C. 360bbb–4a, and
in conformity with the Federal Credit Re- ment in fiscal year 2023 shall not be included
fees relating to over-the-counter monograph
form Act of 1990, which shall be transferred in amounts under this heading: Provided fur-
drugs authorized by 21 U.S.C. 379j–72 shall be
to and merged with the appropriation for ther, That none of these funds shall be used
credited to this account, to remain available
‘‘Foreign Agricultural Service, Salaries and to develop, establish, or operate any program
until expended.
Expenses’’. of user fees authorized by 31 U.S.C. 9701: Pro-
vided further, That of the total amount ap- BUILDINGS AND FACILITIES
TITLE VI propriated: (1) $1,196,097,000 shall be for the For plans, construction, repair, improve-
RELATED AGENCY AND FOOD AND DRUG Center for Food Safety and Applied Nutri- ment, extension, alteration, demolition, and
ADMINISTRATION tion and related field activities in the Office purchase of fixed equipment or facilities of
DEPARTMENT OF HEALTH AND HUMAN of Regulatory Affairs, of which no less than or used by the Food and Drug Administra-
SERVICES $15,000,000 shall be used for inspections of for- tion, where not otherwise provided,
FOOD AND DRUG ADMINISTRATION eign seafood manufacturers and field exami- $12,788,000, to remain available until ex-
nations of imported seafood; (2) $2,289,290,000 pended.
SALARIES AND EXPENSES
shall be for the Center for Drug Evaluation FDA INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFERS OF FUNDS) and Research and related field activities in
For necessary expenses of the Food and (INCLUDING TRANSFER OF FUNDS)
the Office of Regulatory Affairs, of which no
Drug Administration, including hire and pur- less than $10,000,000 shall be for pilots to in- For necessary expenses to carry out the
chase of passenger motor vehicles; for pay- crease unannounced foreign inspections and purposes described under section 1002(b)(4) of
ment of space rental and related costs pursu- shall remain available until expended; (3) the 21st Century Cures Act, in addition to
ant to Public Law 92–313 for programs and $489,594,000 shall be for the Center for Bio- amounts available for such purposes under
activities of the Food and Drug Administra- logics Evaluation and Research and for re- the heading ‘‘Salaries and Expenses’’,
tion which are included in this Act; for rent- lated field activities in the Office of Regu- $50,000,000, to remain available until ex-
al of special purpose space in the District of latory Affairs; (4) $287,339,000 shall be for the pended: Provided, That amounts appropriated
Columbia or elsewhere; in addition to Center for Veterinary Medicine and for re- in this paragraph are appropriated pursuant
amounts appropriated to the FDA Innova- lated field activities in the Office of Regu- to section 1002(b)(3) of the 21st Century Cures
tion Account, for carrying out the activities latory Affairs; (5) $736,359,000 shall be for the Act, are to be derived from amounts trans-
described in section 1002(b)(4) of the 21st Cen- Center for Devices and Radiological Health ferred under section 1002(b)(2)(A) of such Act,
tury Cures Act (Public Law 114–255); for mis- and for related field activities in the Office and may be transferred by the Commissioner
cellaneous and emergency expenses of en- of Regulatory Affairs; (6) $76,919,000 shall be of Food and Drugs to the appropriation for
forcement activities, authorized and ap- for the National Center for Toxicological Re- ‘‘Department of Health and Human Services
proved by the Secretary and to be accounted search; (7) $677,165,000 shall be for the Center Food and Drug Administration Salaries and
for solely on the Secretary’s certificate, not for Tobacco Products and for related field Expenses’’ solely for the purposes provided in
to exceed $25,000; and notwithstanding sec- activities in the Office of Regulatory Affairs; such Act: Provided further, That upon a de-
tion 521 of Public Law 107–188; $6,562,793,000: (8) $214,082,000 shall be for Rent and Related termination by the Commissioner that funds
Provided, That of the amount provided under activities, of which $55,893,000 is for White transferred pursuant to the previous proviso
this heading, $1,310,319,000 shall be derived Oak Consolidation, other than the amounts are not necessary for the purposes provided,
from prescription drug user fees authorized paid to the General Services Administration such amounts may be transferred back to
by 21 U.S.C. 379h, and shall be credited to for rent; (9) $236,166,000 shall be for payments the account: Provided further, That such
this account and remain available until ex- to the General Services Administration for transfer authority is in addition to any other
pended; $324,777,000 shall be derived from rent; and (10) $359,782,000 shall be for other transfer authority provided by law.
medical device user fees authorized by 21 activities, including the Office of the Com- INDEPENDENT AGENCY
U.S.C. 379j, and shall be credited to this ac- missioner of Food and Drugs, the Office of
FARM CREDIT ADMINISTRATION
count and remain available until expended; Food Policy and Response, the Office of Op-
$582,500,000 shall be derived from human ge- erations, the Office of the Chief Scientist, LIMITATION ON ADMINISTRATIVE EXPENSES
neric drug user fees authorized by 21 U.S.C. and central services for these offices: Pro- Not to exceed $88,500,000 (from assessments
379j–42, and shall be credited to this account vided further, That not to exceed $25,000 of collected from farm credit institutions, in-
dlhill on DSK120RN23PROD with SENATE
and remain available until expended; this amount shall be for official reception cluding the Federal Agricultural Mortgage
$41,600,000 shall be derived from biosimilar and representation expenses, not otherwise Corporation) shall be obligated during the
biological product user fees authorized by 21 provided for, as determined by the Commis- current fiscal year for administrative ex-
U.S.C. 379j–52, and shall be credited to this sioner: Provided further, That any transfer of penses as authorized under 12 U.S.C. 2249:
account and remain available until ex- funds pursuant to, and for the administra- Provided, That this limitation shall not
pended; $32,144,000 shall be derived from ani- tion of, section 770(n) of the Federal Food, apply to expenses associated with receiver-
mal drug user fees authorized by 21 U.S.C. Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) ships: Provided further, That the agency may
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S7338 CONGRESSIONAL RECORD — SENATE December 19, 2022
exceed this limitation by up to 10 percent Houses of Congress and in accordance with technology systems or significant upgrades,
with notification to the Committees on Ap- the requirements of section 716 of this Act: as determined by the Office of the Chief In-
propriations of both Houses of Congress: Pro- Provided further, That the National Finance formation Officer, without the approval of
vided further, That the purposes of section Center Information Technology Services Di- the Chief Information Officer and the con-
3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 vision personnel and data center manage- currence of the Executive Information Tech-
(12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit ment responsibilities, and control of any nology Investment Review Board: Provided,
Administration may exempt, an amount in functions, missions, and systems for current That notwithstanding any other provision of
its sole discretion, from the application of and future human resources management law, none of the funds appropriated or other-
the limitation provided in that clause of ex- and integrated personnel and payroll sys- wise made available by this Act may be
port loans described in the clause guaranteed tems (PPS) and functions provided by the transferred to the Office of the Chief Infor-
or insured in a manner other than described Chief Financial Officer and the Chief Infor- mation Officer without written notification
in subclause (II) of the clause. mation Officer shall remain in the National to and the prior approval of the Committees
TITLE VII Finance Center and under the management on Appropriations of both Houses of Con-
GENERAL PROVISIONS responsibility and administrative control of gress: Provided further, That notwithstanding
the National Finance Center: Provided fur- section 11319 of title 40, United States Code,
(INCLUDING RESCISSIONS AND TRANSFERS OF
ther, That the Secretary of Agriculture and none of the funds available to the Depart-
FUNDS)
the offices of the Chief Financial Officer ment of Agriculture for information tech-
SEC. 701. The Secretary may use any appro- shall actively market to existing and new nology shall be obligated for projects, con-
priations made available to the Department Departments and other government agencies tracts, or other agreements over $25,000 prior
of Agriculture in this Act to purchase new National Finance Center shared services in- to receipt of written approval by the Chief
passenger motor vehicles, in addition to spe- cluding, but not limited to, payroll, financial Information Officer: Provided further, That
cific appropriations for this purpose, so long management, and human capital shared the Chief Information Officer may authorize
as the total number of vehicles purchased in services and allow the National Finance Cen- an agency to obligate funds without written
fiscal year 2023 does not exceed the number ter to perform technology upgrades: Provided approval from the Chief Information Officer
of vehicles owned or leased in fiscal year further, That of annual income amounts in for projects, contracts, or other agreements
2018: Provided, That, prior to purchasing ad- the Working Capital Fund of the Department up to $250,000 based upon the performance of
ditional motor vehicles, the Secretary must of Agriculture attributable to the amounts an agency measured against the performance
determine that such vehicles are necessary in excess of the true costs of the shared serv- plan requirements described in the explana-
for transportation safety, to reduce oper- ices provided by the National Finance Center tory statement accompanying Public Law
ational costs, and for the protection of life, and budgeted for the National Finance Cen- 113–235.
property, and public safety: Provided further, ter, the Secretary shall reserve not more SEC. 707. Funds made available under sec-
That the Secretary may not increase the De- than 4 percent for the replacement or acqui- tion 524(b) of the Federal Crop Insurance Act
partment of Agriculture’s fleet above the sition of capital equipment, including equip- (7 U.S.C. 1524(b)) in the current fiscal year
2018 level unless the Secretary notifies in ment for the improvement, delivery, and im- shall remain available until expended to dis-
writing, and receives approval from, the plementation of financial, administrative, burse obligations made in the current fiscal
Committees on Appropriations of both and information technology services, and year.
Houses of Congress within 30 days of the no- other systems of the National Finance Cen- SEC. 708. Notwithstanding any other provi-
tification. ter or to pay any unforeseen, extraordinary sion of law, any former Rural Utilities Serv-
SEC. 702. Notwithstanding any other provi- cost of the National Finance Center: Provided ice borrower that has repaid or prepaid an
sion of this Act, the Secretary of Agriculture further, That none of the amounts reserved insured, direct or guaranteed loan under the
may transfer unobligated balances of discre- shall be available for obligation unless the Rural Electrification Act of 1936, or any not-
tionary funds appropriated by this Act or Secretary submits written notification of for-profit utility that is eligible to receive
any other available unobligated discre- the obligation to the Committees on Appro- an insured or direct loan under such Act,
tionary balances that are remaining avail- priations of both Houses of Congress: Pro- shall be eligible for assistance under section
able of the Department of Agriculture to the vided further, That the limitations on the ob- 313B(a) of such Act in the same manner as a
Working Capital Fund for the acquisition of ligation of funds pending notification to borrower under such Act.
property, plant and equipment and for the Congressional Committees shall not apply to SEC. 709. Except as otherwise specifically
improvement, delivery, and implementation any obligation that, as determined by the provided by law, not more than $20,000,000 in
of Department financial, and administrative Secretary, is necessary to respond to a de- unobligated balances from appropriations
information technology services, and other clared state of emergency that significantly made available for salaries and expenses in
support systems necessary for the delivery of impacts the operations of the National Fi- this Act for the Farm Service Agency shall
financial, administrative, and information nance Center; or to evacuate employees of remain available through September 30, 2024,
technology services, including cloud adop- the National Finance Center to a safe haven for information technology expenses.
tion and migration, of primary benefit to the to continue operations of the National Fi- SEC. 710. None of the funds appropriated or
agencies of the Department of Agriculture, nance Center. otherwise made available by this Act may be
such transferred funds to remain available SEC. 703. No part of any appropriation con- used for first-class travel by the employees
until expended: Provided, That none of the tained in this Act shall remain available for of agencies funded by this Act in contraven-
funds made available by this Act or any obligation beyond the current fiscal year un- tion of sections 301–10.122 through 301–10.124
other Act shall be transferred to the Work- less expressly so provided herein. of title 41, Code of Federal Regulations.
ing Capital Fund without the prior approval SEC. 704. No funds appropriated by this Act SEC. 711. In the case of each program estab-
of the agency administrator: Provided fur- may be used to pay negotiated indirect cost lished or amended by the Agricultural Act of
ther, That none of the funds transferred to rates on cooperative agreements or similar 2014 (Public Law 113–79) or by a successor to
the Working Capital Fund pursuant to this arrangements between the United States De- that Act, other than by title I or subtitle A
section shall be available for obligation partment of Agriculture and nonprofit insti- of title III of such Act, or programs for
without written notification to and the prior tutions in excess of 10 percent of the total di- which indefinite amounts were provided in
approval of the Committees on Appropria- rect cost of the agreement when the purpose that Act, that is authorized or required to be
tions of both Houses of Congress: Provided of such cooperative arrangements is to carry carried out using funds of the Commodity
further, That none of the funds appropriated out programs of mutual interest between the Credit Corporation—
by this Act or made available to the Depart- two parties. This does not preclude appro- (1) such funds shall be available for salaries
ment’s Working Capital Fund shall be avail- priate payment of indirect costs on grants and related administrative expenses, includ-
able for obligation or expenditure to make and contracts with such institutions when ing technical assistance, associated with the
any changes to the Department’s National such indirect costs are computed on a simi- implementation of the program, without re-
Finance Center without written notification lar basis for all agencies for which appropria- gard to the limitation on the total amount
to and prior approval of the Committees on tions are provided in this Act. of allotments and fund transfers contained in
Appropriations of both Houses of Congress as SEC. 705. Appropriations to the Department section 11 of the Commodity Credit Corpora-
required by section 716 of this Act: Provided of Agriculture for the cost of direct and tion Charter Act (15 U.S.C. 714i); and
further, That none of the funds appropriated guaranteed loans made available in the cur- (2) the use of such funds for such purpose
by this Act or made available to the Depart- rent fiscal year shall remain available until shall not be considered to be a fund transfer
ment’s Working Capital Fund shall be avail- expended to disburse obligations made in the or allotment for purposes of applying the
able for obligation or expenditure to initiate, current fiscal year for the following ac- limitation on the total amount of allotments
plan, develop, implement, or make any counts: the Rural Development Loan Fund and fund transfers contained in such section.
dlhill on DSK120RN23PROD with SENATE
changes to remove or relocate any systems, program account, the Rural Electrification SEC. 712. Of the funds made available by
missions, personnel, or functions of the of- and Telecommunication Loans program ac- this Act, not more than $2,900,000 shall be
fices of the Chief Financial Officer and the count, and the Rural Housing Insurance used to cover necessary expenses of activi-
Chief Information Officer, co-located with or Fund program account. ties related to all advisory committees, pan-
from the National Finance Center prior to SEC. 706. None of the funds made available els, commissions, and task forces of the De-
written notification to and prior approval of to the Department of Agriculture by this Act partment of Agriculture, except for panels
the Committee on Appropriations of both may be used to acquire new information used to comply with negotiated rule makings
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7339
and panels used to evaluate competitively (1) creates new programs; (e) As described in this section, no funds
awarded grants. (2) eliminates a program, project, or activ- may be used for any activities unless the
SEC. 713. (a) None of the funds made avail- ity; Secretary of Agriculture or the Secretary of
able in this Act may be used to maintain or (3) increases funds or personnel by any Health and Human Services receives from
establish a computer network unless such means for any project or activity for which the Committee on Appropriations of both
network blocks the viewing, downloading, funds have been denied or restricted; Houses of Congress written or electronic
and exchanging of pornography. (4) relocates an office or employees; mail confirmation of receipt of the notifica-
(b) Nothing in subsection (a) shall limit (5) reorganizes offices, programs, or activi- tion as required in this section.
the use of funds necessary for any Federal, ties; or SEC. 717. Notwithstanding section
State, tribal, or local law enforcement agen- (6) contracts out or privatizes any func- 310B(g)(5) of the Consolidated Farm and
cy or any other entity carrying out criminal tions or activities presently performed by Rural Development Act (7 U.S.C. 1932(g)(5)),
investigations, prosecution, or adjudication Federal employees; the Secretary may assess a one-time fee for
activities. unless the Secretary of Agriculture or the any guaranteed business and industry loan
SEC. 714. Notwithstanding subsection (b) of in an amount that does not exceed 3 percent
Secretary of Health and Human Services (as
section 14222 of Public Law 110–246 (7 U.S.C. of the guaranteed principal portion of the
the case may be) notifies in writing and re-
612c–6; in this section referred to as ‘‘section loan.
ceives approval from the Committees on Ap-
14222’’), none of the funds appropriated or SEC. 718. None of the funds appropriated or
propriations of both Houses of Congress at
otherwise made available by this or any otherwise made available to the Department
least 30 days in advance of the reprogram-
other Act shall be used to pay the salaries of Agriculture, the Food and Drug Adminis-
ming of such funds or the use of such author-
and expenses of personnel to carry out a pro- tration or the Farm Credit Administration
ity.
gram under section 32 of the Act of August shall be used to transmit or otherwise make
(b) None of the funds provided by this Act,
24, 1935 (7 U.S.C. 612c; in this section referred available reports, questions, or responses to
or provided by previous Appropriations Acts
to as ‘‘section 32’’) in excess of $1,483,309,000 questions that are a result of information re-
to the agencies funded by this Act that re-
(exclusive of carryover appropriations from quested for the appropriations hearing proc-
main available for obligation or expenditure
prior fiscal years), as follows: Child Nutri- ess to any non-Department of Agriculture,
in the current fiscal year, or provided from
tion Programs Entitlement Commodities— non-Department of Health and Human Serv-
any accounts in the Treasury derived by the
$485,000,000; State Option Contracts— ices, or non-Farm Credit Administration em-
collection of fees available to the agencies
$5,000,000; Removal of Defective Commod- ployee.
funded by this Act, shall be available for ob- SEC. 719. Unless otherwise authorized by
ities—$2,500,000; Administration of section 32
ligation or expenditure for activities, pro- existing law, none of the funds provided in
Commodity Purchases—$37,178,000: Provided,
grams, or projects through a reprogramming this Act, may be used by an executive branch
That, of the total funds made available in
or use of the authorities referred to in sub- agency to produce any prepackaged news
the matter preceding this proviso that re-
section (a) involving funds in excess of story intended for broadcast or distribution
main unobligated on October 1, 2023, such un-
$500,000 or 10 percent, whichever is less, in the United States unless the story in-
obligated balances shall carryover into fiscal
that— cludes a clear notification within the text or
year 2024 and shall remain available until ex-
pended for any of the purposes of section 32, (1) augments existing programs, projects, audio of the prepackaged news story that the
except that any such carryover funds used in or activities; prepackaged news story was prepared or
accordance with clause (3) of section 32 may (2) reduces by 10 percent funding for any funded by that executive branch agency.
not exceed $350,000,000 and may not be obli- existing program, project, or activity, or SEC. 720. No employee of the Department of
gated until the Secretary of Agriculture pro- numbers of personnel by 10 percent as ap- Agriculture may be detailed or assigned
vides written notification of the expendi- proved by Congress; or from an agency or office funded by this Act
tures to the Committees on Appropriations (3) results from any general savings from a or any other Act to any other agency or of-
of both Houses of Congress at least two reduction in personnel which would result in fice of the Department for more than 60 days
weeks in advance: Provided further, That, a change in existing programs, activities, or in a fiscal year unless the individual’s em-
with the exception of any available carry- projects as approved by Congress; ploying agency or office is fully reimbursed
over funds authorized in any prior appropria- unless the Secretary of Agriculture or the by the receiving agency or office for the sal-
tions Act to be used for the purposes of Secretary of Health and Human Services (as ary and expenses of the employee for the pe-
clause (3) of section 32, none of the funds ap- the case may be) notifies in writing and re- riod of assignment.
ceives approval from the Committees on Ap- SEC. 721. Not later than 30 days after the
propriated or otherwise made available by
propriations of both Houses of Congress at date of enactment of this Act, the Secretary
this or any other Act shall be used to pay the
least 30 days in advance of the reprogram- of Agriculture, the Commissioner of the
salaries or expenses of any employee of the
ming or transfer of such funds or the use of Food and Drug Administration and the
Department of Agriculture to carry out Chairman of the Farm Credit Administration
clause (3) of section 32. such authority.
(c) The Secretary of Agriculture or the shall submit to the Committees on Appro-
SEC. 715. None of the funds appropriated by
Secretary of Health and Human Services priations of both Houses of Congress a de-
this or any other Act shall be used to pay the
shall notify in writing and receive approval tailed spending plan by program, project,
salaries and expenses of personnel who pre-
from the Committees on Appropriations of and activity for all the funds made available
pare or submit appropriations language as
both Houses of Congress before imple- under this Act including appropriated user
part of the President’s budget submission to
menting any program or activity not carried fees, as defined in the explanatory statement
the Congress for programs under the juris-
out during the previous fiscal year unless the described in section 4 (in the matter pre-
diction of the Appropriations Subcommit- ceding division A of this consolidated Act).
tees on Agriculture, Rural Development, program or activity is funded by this Act or
specifically funded by any other Act. SEC. 722. None of the funds made available
Food and Drug Administration, and Related by this Act may be used to propose, promul-
Agencies that assumes revenues or reflects a (d) None of the funds provided by this Act,
or provided by previous Appropriations Acts gate, or implement any rule, or take any
reduction from the previous year due to user other action with respect to, allowing or re-
fees proposals that have not been enacted to the agencies funded by this Act that re-
main available for obligation or expenditure quiring information intended for a pre-
into law prior to the submission of the budg- scribing health care professional, in the case
et unless such budget submission identifies in the current fiscal year, or provided from
of a drug or biological product subject to sec-
which additional spending reductions should any accounts in the Treasury derived by the
tion 503(b)(1) of the Federal Food, Drug, and
occur in the event the user fees proposals are collection of fees available to the agencies
Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis-
not enacted prior to the date of the con- funded by this Act, shall be available for—
tributed to such professional electronically
vening of a committee of conference for the (1) modifying major capital investments (in lieu of in paper form) unless and until a
fiscal year 2024 appropriations Act. funding levels, including information tech- Federal law is enacted to allow or require
SEC. 716. (a) None of the funds provided by nology systems, that involves increasing or such distribution.
this Act, or provided by previous appropria- decreasing funds in the current fiscal year SEC. 723. For the purposes of determining
tions Acts to the agencies funded by this Act for the individual investment in excess of eligibility or level of program assistance for
that remain available for obligation or ex- $500,000 or 10 percent of the total cost, which- Rural Development programs the Secretary
penditure in the current fiscal year, or pro- ever is less; shall not include incarcerated prison popu-
vided from any accounts in the Treasury de- (2) realigning or reorganizing new, current, lations.
rived by the collection of fees available to or vacant positions or agency activities or SEC. 724. For loans and loan guarantees
the agencies funded by this Act, shall be functions to establish a center, office, that do not require budget authority and the
available for obligation or expenditure branch, or similar entity with ten or more program level has been established in this
through a reprogramming, transfer of funds, personnel; or Act, the Secretary of Agriculture may in-
dlhill on DSK120RN23PROD with SENATE
or reimbursements as authorized by the (3) carrying out activities or functions that crease the program level for such loans and
Economy Act, or in the case of the Depart- were not described in the budget request; loan guarantees by not more than 25 percent:
ment of Agriculture, through use of the au- unless the agencies funded by this Act no- Provided, That prior to the Secretary imple-
thority provided by section 702(b) of the De- tify, in writing, the Committees on Appro- menting such an increase, the Secretary no-
partment of Agriculture Organic Act of 1944 priations of both Houses of Congress at least tifies, in writing, the Committees on Appro-
(7 U.S.C. 2257) or section 8 of Public Law 89– 30 days in advance of using the funds for priations of both Houses of Congress at least
106 (7 U.S.C. 2263), that— these purposes. 15 days in advance.
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S7340 CONGRESSIONAL RECORD — SENATE December 19, 2022
SEC. 725. None of the credit card refunds or Act, 21 U.S.C. 451 et seq., the Federal Meat ably available quantities or of a satisfactory
rebates transferred to the Working Capital Inspection Act, 21 U.S.C. 601 et seq, and the quality; or
Fund pursuant to section 729 of the Agri- Egg Products Inspection Act, 21 U.S.C. 1031 (3) inclusion of iron and steel products pro-
culture, Rural Development, Food and Drug et seq., for the cost of inspection services duced in the United States will increase the
Administration, and Related Agencies Ap- provided outside of an establishment’s ap- cost of the overall project by more than 25
propriations Act, 2002 (7 U.S.C. 2235a; Public proved inspection shifts, and for inspection percent.
Law 107–76) shall be available for obligation services provided on Federal holidays: Pro- (c) If the Secretary or the designee re-
without written notification to, and the vided, That any sums charged pursuant to ceives a request for a waiver under this sec-
prior approval of, the Committees on Appro- this paragraph shall be deemed as overtime tion, the Secretary or the designee shall
priations of both Houses of Congress: Pro- pay or holiday pay under section 1001(d) of make available to the public on an informal
vided, That the refunds or rebates so trans- the American Rescue Plan Act of 2021 (Pub- basis a copy of the request and information
ferred shall be available for obligation only lic Law 117–2, 135 Stat. 242): Provided further, available to the Secretary or the designee
for the acquisition of property, plant and That sums received by the Secretary under concerning the request, and shall allow for
equipment, including equipment for the im- this paragraph shall, in addition to other informal public input on the request for at
provement, delivery, and implementation of available funds, remain available until ex- least 15 days prior to making a finding based
Departmental financial management, infor- pended to the Secretary without further ap- on the request. The Secretary or the des-
mation technology, and other support sys- propriation for the purpose of funding all ignee shall make the request and accom-
tems necessary for the delivery of financial, costs associated with FSIS inspections. panying information available by electronic
administrative, and information technology SEC. 731. (a) The Secretary of Agriculture means, including on the official public Inter-
services, including cloud adoption and mi- shall— net Web site of the Department.
gration, of primary benefit to the agencies of (1) conduct audits in a manner that evalu- (d) This section shall be applied in a man-
the Department of Agriculture. ates the following factors in the country or ner consistent with United States obliga-
SEC. 726. None of the funds made available region being audited, as applicable— tions under international agreements.
by this Act may be used to implement, ad- (A) veterinary control and oversight; (e) The Secretary may retain up to 0.25
minister, or enforce the ‘‘variety’’ require- percent of the funds appropriated in this Act
(B) disease history and vaccination prac-
ments of the final rule entitled ‘‘Enhancing for ‘‘Rural Utilities Service—Rural Water
tices;
Retailer Standards in the Supplemental Nu- and Waste Disposal Program Account’’ for
(C) livestock demographics and
trition Assistance Program (SNAP)’’ pub- carrying out the provisions described in sub-
traceability;
lished by the Department of Agriculture in section (a)(1) for management and oversight
(D) epidemiological separation from poten-
the Federal Register on December 15, 2016 (81 of the requirements of this section.
tial sources of infection; (f) Subsection (a) shall not apply with re-
Fed. Reg. 90675) until the Secretary of Agri- (E) surveillance practices;
culture amends the definition of the term spect to a project for which the engineering
(F) diagnostic laboratory capabilities; and plans and specifications include use of iron
‘‘variety’’ as defined in section (G) emergency preparedness and response; and steel products otherwise prohibited by
278.1(b)(1)(ii)(C) of title 7, Code of Federal and such subsection if the plans and specifica-
Regulations, and ‘‘variety’’ as applied in the (2) promptly make publicly available the tions have received required approvals from
definition of the term ‘‘staple food’’ as de- final reports of any audits or reviews con- State agencies prior to the date of enact-
fined in section 271.2 of title 7, Code of Fed- ducted pursuant to subsection (1). ment of this Act.
eral Regulations, to increase the number of (b) This section shall be applied in a man- (g) For purposes of this section, the terms
items that qualify as acceptable varieties in ner consistent with United States obliga- ‘‘United States’’ and ‘‘State’’ shall include
each staple food category so that the total tions under its international trade agree- each of the several States, the District of Co-
number of such items in each staple food cat- ments. lumbia, and each Federally recognized In-
egory exceeds the number of such items in SEC. 732. In this fiscal year and thereafter, dian Tribe.
each staple food category included in the and notwithstanding any other provision of SEC. 735. None of the funds appropriated by
final rule as published on December 15, 2016: law, none of the funds made available by this this Act may be used in any way, directly or
Provided, That until the Secretary promul- Act may be used to implement section 3.7(f) indirectly, to influence congressional action
gates such regulatory amendments, the Sec- of the Farm Credit Act of 1971 in a manner on any legislation or appropriation matters
retary shall apply the requirements regard- inconsistent with section 343(a)(13) of the pending before Congress, other than to com-
ing acceptable varieties and breadth of stock Consolidated Farm and Rural Development municate to Members of Congress as de-
to Supplemental Nutrition Assistance Pro- Act. scribed in 18 U.S.C. 1913.
gram retailers that were in effect on the day SEC. 733. In this fiscal year and thereafter, SEC. 736. Of the total amounts made avail-
before the date of the enactment of the Agri- and notwithstanding any other provision of able by this Act for direct loans and grants
cultural Act of 2014 (Public Law 113–79). law, none of the funds made available by this under the following headings: ‘‘Rural Hous-
SEC. 727. In carrying out subsection (h) of Act may be used to carry out any activities ing Service—Rural Housing Insurance Fund
section 502 of the Housing Act of 1949 (42 or incur any expense related to the issuance Program Account’’; ‘‘Rural Housing Serv-
U.S.C. 1472), the Secretary of Agriculture of licenses under section 3 of the Animal ice—Mutual and Self-Help Housing Grants’’;
shall have the same authority with respect Welfare Act (7 U.S.C. 2133), or the renewal of ‘‘Rural Housing Service—Rural Housing As-
to loans guaranteed under such section and such licenses, to class B dealers who sell sistance Grants’’; ‘‘Rural Housing Service—
eligible lenders for such loans as the Sec- Random Source dogs and cats for use in re- Rural Community Facilities Program Ac-
retary has under subsections (h) and (j) of search, experiments, teaching, or testing. count’’; ‘‘Rural Business-Cooperative Serv-
section 538 of such Act (42 U.S.C. 1490p–2) SEC. 734. (a)(1) No Federal funds made ice—Rural Business Program Account’’;
with respect to loans guaranteed under such available for this fiscal year for the rural ‘‘Rural Business-Cooperative Service—Rural
section 538 and eligible lenders for such water, waste water, waste disposal, and solid Economic Development Loans Program Ac-
loans. waste management programs authorized by count’’; ‘‘Rural Business-Cooperative Serv-
SEC. 728. None of the funds appropriated or sections 306, 306A, 306C, 306D, 306E, and 310B ice—Rural Cooperative Development
otherwise made available by this Act shall of the Consolidated Farm and Rural Develop- Grants’’; ‘‘Rural Business-Cooperative Serv-
be available for the United States Depart- ment Act (7 U.S.C. 1926 et seq.) shall be used ice—Rural Microentrepreneur Assistance
ment of Agriculture to propose, finalize or for a project for the construction, alteration, Program’’; ‘‘Rural Utilities Service—Rural
implement any regulation that would pro- maintenance, or repair of a public water or Water and Waste Disposal Program Ac-
mulgate new user fees pursuant to 31 U.S.C. wastewater system unless all of the iron and count’’; ‘‘Rural Utilities Service—Rural
9701 after the date of the enactment of this steel products used in the project are pro- Electrification and Telecommunications
Act. duced in the United States. Loans Program Account’’; and ‘‘Rural Utili-
SEC. 729. Of the unobligated balances from (2) In this section, the term ‘‘iron and steel ties Service—Distance Learning, Telemedi-
amounts made available for the supple- products’’ means the following products cine, and Broadband Program’’, to the max-
mental nutrition program as authorized by made primarily of iron or steel: lined or un- imum extent feasible, at least 10 percent of
section 17 of the Child Nutrition Act of 1966 lined pipes and fittings, manhole covers and the funds shall be allocated for assistance in
(42 U.S.C. 1786), $315,000,000 are hereby re- other municipal castings, hydrants, tanks, persistent poverty counties under this sec-
scinded: Provided, That no amounts may be flanges, pipe clamps and restraints, valves, tion, including, notwithstanding any other
rescinded from amounts that were des- structural steel, reinforced precast concrete, provision regarding population limits, any
ignated by the Congress as an emergency re- and construction materials. county seat of such a persistent poverty
quirement pursuant to a Concurrent Resolu- (b) Subsection (a) shall not apply in any county that has a population that does not
tion on the Budget or the Balanced Budget case or category of cases in which the Sec- exceed the authorized population limit by
dlhill on DSK120RN23PROD with SENATE
and Emergency Deficit Control Act of 1985. retary of Agriculture (in this section re- more than 10 percent: Provided, That for pur-
SEC. 730. Notwithstanding any provision of ferred to as the ‘‘Secretary’’) or the designee poses of this section, the term ‘‘persistent
law that regulates the calculation and pay- of the Secretary finds that— poverty counties’’ means any county that
ment of overtime and holiday pay for FSIS (1) applying subsection (a) would be incon- has had 20 percent or more of its population
inspectors, the Secretary may charge estab- sistent with the public interest; living in poverty over the past 30 years, as
lishments subject to the inspection require- (2) iron and steel products are not produced measured by the 1990 and 2000 decennial cen-
ments of the Poultry Products Inspection in the United States in sufficient and reason- suses, and 2007–2011 American Community
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7341
Survey 5-year average, or any territory or properties in areas where the Secretary de- ment of Agriculture for purposes of making
possession of the United States: Provided fur- termines a risk of loss of affordable housing, such grants.
ther, That with respect to specific activities by non-profit housing organizations and pub- SEC. 755. There is hereby appropriated
for which program levels have been made lic housing authorities as authorized by law $400,000 to carry out section 1672(g)(4)(B) of
available by this Act that are not supported that commit to keep such properties in the the Food, Agriculture, Conservation, and
by budget authority, the requirements of RHS multi-family housing program for a pe- Trade Act of 1990 (7 U.S.C. 5925(g)(4)(B)) as
this section shall be applied to such program riod of time as determined by the Secretary. amended by section 7209 of Public Law 115–
level. SEC. 746. There is hereby appropriated 334.
SEC. 737. None of the funds made available $4,000,000, to carry out section 4208 of Public SEC. 756. Hereafter, none of the funds made
by this Act may be used to notify a sponsor Law 115–334, including for project locations available by this Act or any other Act, may
or otherwise acknowledge receipt of a sub- in additional regions. be used to pay the salaries or expenses of
mission for an exemption for investigational SEC. 747. There is hereby appropriated personnel to implement any activities re-
use of a drug or biological product under sec- $4,000,000 to carry out section 12301 of Public lated to the permitting of non-recording of
tion 505(i) of the Federal Food, Drug, and Law 115–334, Farming Opportunities Training observed violations of the Animal Welfare
Cosmetic Act (21 U.S.C. 355(i)) or section and Outreach. Act or its regulations on official inspection
351(a)(3) of the Public Health Service Act (42 SEC. 748. In response to an eligible commu- reports.
U.S.C. 262(a)(3)) in research in which a nity where the drinking water supplies are SEC. 757. For necessary expenses associated
human embryo is intentionally created or inadequate due to a natural disaster, as de- with cotton classing activities pursuant to 7
modified to include a heritable genetic modi- termined by the Secretary, including U.S.C. 55, to include equipment and facility
fication. Any such submission shall be drought or severe weather, the Secretary upgrades, and in addition to any other funds
deemed to have not been received by the Sec- may provide potable water through the made available for this purpose, there is ap-
Emergency Community Water Assistance propriated $4,000,000, to remain available
retary, and the exemption may not go into
Grant Program for an additional period of until September 30, 2024: Provided, That
effect.
SEC. 738. None of the funds made available time not to exceed 120 days beyond the es- amounts made available in this section shall
by this or any other Act may be used to en- tablished period provided under the Program be treated as funds collected by fees author-
force the final rule promulgated by the Food in order to protect public health. ized under Mar. 4, 1923, ch. 288, §5, 42 Stat.
and Drug Administration entitled ‘‘Stand- SEC. 749. Funds made available under title 1518, as amended (7 U.S.C. 55).
II of the Food for Peace Act (7 U.S.C. 1721 et SEC. 758. Notwithstanding any other provi-
ards for the Growing, Harvesting, Packing,
seq.) may only be used to provide assistance sion of law, no funds available to the Depart-
and Holding of Produce for Human Consump-
to recipient nations if adequate monitoring ment of Agriculture may be used to move
tion,’’ and published on November 27, 2015,
and controls, as determined by the Adminis- any staff office or any agency from the mis-
with respect to the regulation of entities sion area in which it was located on August
that grow, harvest, pack, or hold wine trator, are in place to ensure that emergency
food aid is received by the intended bene- 1, 2018, to any other mission area or office
grapes, hops, pulse crops, or almonds. within the Department in the absence of the
SEC. 739. There is hereby appropriated ficiaries in areas affected by food shortages
and not diverted for unauthorized or inap- enactment of specific legislation affirming
$5,000,000, to remain available until Sep-
such move.
tember 30, 2024, for a pilot program for the propriate purposes.
SEC. 759. The Secretary, acting through the
National Institute of Food and Agriculture SEC. 750. In this fiscal year and thereafter,
Chief of the Natural Resources Conservation
to provide grants to nonprofit organizations and notwithstanding any other provision of
Service, may use funds appropriated under
for programs and services to establish and law, ARS facilities as described in the
this Act or any other Act for the Watershed
enhance farming and ranching opportunities ‘‘Memorandum of Understanding Between
and Flood Prevention Operations Program
for military veterans. the U.S. Department of Agriculture Animal
and the Watershed Rehabilitation Program
SEC. 740. For school years 2022–2023 and and Plant Health Inspection Service (APHIS)
carried out pursuant to the Watershed Pro-
2023–2024, none of the funds made available and the U.S. Department of Agriculture Ag-
tection and Flood Prevention Act (16 U.S.C.
by this Act may be used to implement or en- ricultural Research Service (ARS) Con-
1001 et seq.), and for the Emergency Water-
force the matter following the first comma cerning Laboratory Animal Welfare’’ (16– shed Protection Program carried out pursu-
in the second sentence of footnote (c) of sec- 6100–0103–MU Revision 16–1) shall be in- ant to section 403 of the Agricultural Credit
tion 220.8(c) of title 7, Code of Federal Regu- spected by APHIS for compliance with the Act of 1978 (16 U.S.C. 2203) to provide tech-
lations, with respect to the substitution of Animal Welfare Act and its regulations and nical services for such programs pursuant to
vegetables for fruits under the school break- standards. section 1252(a)(1) of the Food Security Act of
fast program established under section 4 of SEC. 751. None of the funds made available
1985 (16 U.S.C. 3851(a)(1)), notwithstanding
the Child Nutrition Act of 1966 (42 U.S.C. by this Act may be used to procure raw or
subsection (c) of such section.
1773). processed poultry products imported into the SEC. 760. In administering the pilot pro-
SEC. 741. None of the funds made available United States from the People’s Republic of gram established by section 779 of division A
by this Act or any other Act may be used— China for use in the school lunch program of the Consolidated Appropriations Act, 2018
(1) in contravention of section 7606 of the under the Richard B. Russell National (Public Law 115–141), the Secretary of Agri-
Agricultural Act of 2014 (7 U.S.C. 5940), sub- School Lunch Act (42 U.S.C. 1751 et seq.), the culture may, for purposes of determining en-
title G of the Agricultural Marketing Act of Child and Adult Care Food Program under tities eligible to receive assistance, consider
1946, or section 10114 of the Agriculture Im- section 17 of such Act (42 U.S.C. 1766), the those communities which are ‘‘Areas Rural
provement Act of 2018; or Summer Food Service Program for Children in Character’’: Provided, That not more than
(2) to prohibit the transportation, proc- under section 13 of such Act (42 U.S.C. 1761), 10 percent of the funds made available under
essing, sale, or use of hemp, or seeds of such or the school breakfast program under the the heading ‘‘Distance Learning, Telemedi-
plant, that is grown or cultivated in accord- Child Nutrition Act of 1966 (42 U.S.C. 1771 et cine, and Broadband Program’’ for the pur-
ance with section 7606 of the Agricultural seq.). poses of the pilot program established by
Act of 2014 or subtitle G of the Agricultural SEC. 752. For school year 2023–2024, only a section 779 of Public Law 115–141 may be used
Marketing Act of 1946, within or outside the school food authority that had a negative for this purpose.
State in which the hemp is grown or cul- balance in the nonprofit school food service SEC. 761. None of the funds made available
tivated. account as of June 30, 2022, shall be required by this Act may be used to pay the salaries
SEC. 742. There is hereby appropriated to establish a price for paid lunches in ac- or expenses of personnel—
$3,000,000, to remain available until ex- cordance with section 12(p) of the Richard B. (1) to inspect horses under section 3 of the
pended, for grants under section 12502 of Pub- Russell National School Lunch Act (42 U.S.C. Federal Meat Inspection Act (21 U.S.C. 603);
lic Law 115–334. 1760(p)). (2) to inspect horses under section 903 of
SEC. 743. There is hereby appropriated SEC. 753. There is hereby appropriated the Federal Agriculture Improvement and
$1,000,000 to carry out section 3307 of Public $2,000,000, to remain available until ex- Reform Act of 1996 (7 U.S.C. 1901 note; Public
Law 115–334. pended, for the Secretary of Agriculture to Law 104–127); or
SEC. 744. The Secretary of Agriculture may carry out a pilot program that assists rural (3) to implement or enforce section 352.19
waive the matching funds requirement under hospitals to improve long-term operations of title 9, Code of Federal Regulations (or a
section 412(g) of the Agricultural Research, and financial health by providing technical successor regulation).
Extension, and Education Reform Act of 1998 assistance through analysis of current hos- SEC. 762. In addition to amounts otherwise
(7 U.S.C. 7632(g)). pital management practices. made available by this Act and notwith-
SEC. 745. There is hereby appropriated SEC. 754. Any funds made available by this standing the last sentence of 16 U.S.C. 1310,
$2,000,000, to remain available until ex- or any other Act that the Secretary with- there is appropriated $4,000,000, to remain
dlhill on DSK120RN23PROD with SENATE
pended, for a pilot program for the Secretary holds pursuant to section 1668(g)(2) of the available until expended, to implement non-
to provide grants to qualified non-profit or- Food, Agriculture, Conservation, and Trade renewable agreements on eligible lands, in-
ganizations and public housing authorities Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, cluding flooded agricultural lands, as deter-
to provide technical assistance, including fi- shall be available for grants for bio- mined by the Secretary, under the Water
nancial and legal services, to RHS multi- technology risk assessment research: Pro- Bank Act (16 U.S.C. 1301–1311).
family housing borrowers to facilitate the vided, That the Secretary may transfer such SEC. 763. Out of amounts appropriated to
acquisition of RHS multi-family housing funds among appropriations of the Depart- the Food and Drug Administration under
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S7342 CONGRESSIONAL RECORD — SENATE December 19, 2022
title VI, the Secretary of Health and Human SEC. 768. There is hereby appropriated includes a balanced representation of indi-
Services, acting through the Commissioner $500,000 to carry out the duties of the work- viduals who are unbiased and free from con-
of Food and Drugs, shall, not later than Sep- ing group established under section 770 of the flicts of interest.
tember 30, 2023, and following the review re- Agriculture, Rural Development, Food and SEC. 773. The Secretary, as part of the re-
quired under Executive Order No. 12866 (5 Drug Administration, and Related Agencies port on foreign landholding required under
U.S.C. 601 note; relating to regulatory plan- Appropriations Act, 2019 (Public Law 116–6; the Agricultural Foreign Investment Disclo-
ning and review), issue advice revising the 133 Stat. 89). sure Act (Public Law 95–460), shall report to
advice provided in the notice of availability SEC. 769. For an additional amount for the Congress on foreign investments in agricul-
entitled ‘‘Advice About Eating Fish, From Office of the Secretary, $15,000,000, to remain tural land in the United States, including
the Environmental Protection Agency and available until expended, to continue the In- the impact foreign ownership has on family
Food and Drug Administration; Revised Fish stitute for Rural Partnerships as established farms, rural communities, and the domestic
Advice; Availability’’ (82 Fed. Reg. 6571 (Jan- in section 778 of Public Law 117–103: Provided, food supply: Provided, That within 3 years
uary 19, 2017)), in a manner that is consistent That the Institute for Rural Partnerships after the enactment of this Act, the Sec-
with nutrition science recognized by the shall continue to dedicate resources to re- retary shall establish a streamlined process
Food and Drug Administration on the net ef- searching the causes and conditions of chal- for electronic submission and retention of
fects of seafood consumption. lenges facing rural areas, and develop com- disclosures made under the Agricultural For-
SEC. 764. There is hereby appropriated munity partnerships to address such chal- eign Investment Disclosure Act, including an
$5,000,000, to remain available until ex- lenges: Provided further, That administrative internet database that contains
pended, to carry out section 2103 of Public or other fees shall not exceed one percent: disaggregated data from each disclosure sub-
Law 115–334: Provided, That the Secretary Provided further, That such partnership shall mitted: Provided further, That all prior year
shall prioritize the wetland compliance coordinate and publish an annual report. disclosures of foreign investments in agricul-
needs of areas with significant numbers of SEC. 770. Of the unobligated balances from
tural land in the United States are published
individual wetlands, wetland acres, and con- prior year appropriations made available
in the database: Provided further, That the
servation compliance requests. under the heading ‘‘Farm Service Agency—
plan includes a process to ensure the protec-
SEC. 765. Notwithstanding any other provi- Agricultural Credit Insurance Fund Program
tion of personally identifiable information
sion of law, the acceptable market name of Account’’, $73,000,000 are hereby rescinded.
SEC. 771. In addition to the amount of re- and that all disclosures of foreign invest-
any engineered animal approved prior to the
imbursement for administrative and oper- ments in agricultural land on the USDA
effective date of the National Bioengineered
Food Disclosure Standard (February 19, 2019) ating expenses available for crop insurance website be disaggregated by: (1) in any case
shall include the words ‘‘genetically engi- contracts described in subsection (a)(2)(F) of in which such foreign person is an individual,
neered’’ prior to the existing acceptable mar- section III of the 2023 Standard Reinsurance the citizenship of such foreign person; and (2)
ket name. Agreement (SRA) that cover agricultural in any case in which such foreign person is
SEC. 766. There is appropriated to the De- commodities described in section 101 of title not an individual or a government, the na-
partment of Agriculture, for an additional I of the Specialty Crops Competitiveness Act ture of the legal entity holding the interest,
amount for ‘‘Agricultural Programs—Proc- of 2004 (7 U.S.C. 1621 note), there is hereby the country in which such foreign person is
essing, Research, and Marketing—Office of appropriated $25,000,000, to remain available created or organized, and the principal place
the Secretary’’, $5,000,000, which shall re- until expended, to pay, with respect to such of business of such foreign person.
main available until expended, for necessary contracts for the 2021 reinsurance year, an SEC. 774. Notwithstanding any other provi-
expenses, under such terms and conditions amount that is equal to the difference be- sion of law, the common name ‘‘Kanpachi’’
determined by the Secretary, related to test- tween the amount to be paid pursuant to the shall serve as an acceptable market name
ing soil, water, or agricultural products for SRA for the applicable reinsurance year and under the Federal Food, Drug, and Cosmetic
per- and polyfluoroalkyl substances (PFAS) the amount that would be paid if such con- Act (21 U.S.C. 301 et seq.) for labeling and
at the request of an agricultural producer, tracts were not subject to a reduction de- marketing of ocean-farmed Seriola rivoliana.
assisting agricultural producers affected by scribed in subsection (a)(2)(G) of section III SEC. 775. In this or any subsequent fiscal
PFAS contamination with costs related to of the SRA but subject to a reimbursement year, the Secretary of Homeland Security
mitigate the impacts to their operation that rate equal to 17.5 percent of the net book shall transfer to the Secretary of Agri-
have resulted from such contamination and premium. culture the operation of and all property re-
indemnifying agricultural producers for the SEC. 772. For an additional amount for the quired to operate the National Bio- and
value of unmarketable crops, livestock, and ‘‘Office of the Secretary’’, $1,300,000, to re- Agro-Defense Facility in Manhattan, Kansas:
other agricultural products related to PFAS main available until expended, for the Sec- Provided, That, such transfer of function
contamination: Provided, That the Secretary retary, in consultation with the Secretary of shall include the transfer of up to 40 full
shall prioritize such assistance to agricul- the Department of Health and Human Serv- time equivalent positions, to be completed
tural producers in states and territories that ices, to enter into an agreement with the Na- within 120 days of the effective date of the
have established a tolerance threshold for tional Academies of Sciences, Engineering, transfer of function, as jointly determined
PFAS in a food or agricultural product: Pro- and Medicine to conduct a study of the eight by the Secretaries.
vided further, That, not later than 90 days topics and scientific questions related to al- SEC. 776. (a) Section 260 of the Agricultural
after the end of fiscal year 2023, the Sec- cohol previously published by USDA and Marketing Act of 1946 (7 U.S.C. 1636i) is
retary shall submit a report to the Congress HHS and other relevant topics: Provided, amended by striking ‘‘2022’’ and inserting
specifying the type, amount, and method of That the panel or panels established by the ‘‘2023’’.
such assistance by state and territory and National Academies Sciences, Engineering, (b) Section 942 of the Livestock Mandatory
the status of the amounts obligated and and Medicine to conduct the study shall op- Reporting Act of 1999 (7 U.S.C. 1635 note;
plans for further expenditure, and include erate in a fully transparent manner and in- Public Law 106–78) is amended by striking
improvements that can be made to U.S. De- clude a balanced representation of individ- ‘‘2022’’ and inserting ‘‘2023’’.
partment of Agriculture programs, either ad- uals who have expertise in the health effects SEC. 777. Section 18(g) of the Richard B.
ministratively or legislatively, to increase of alcohol consumption, are unbiased, and Russell National School Lunch Act (42 U.S.C.
support for agricultural producers impacted are free from conflicts of interests: Provided 1769(g)) is amended by striking ‘‘Access to
by PFAS contamination and to enhance sci- further, That the findings and recommenda- Local Foods: Farm to School Program.’’ and
entific knowledge on PFAS uptake in crops tions of the study shall be based on the pre- inserting ‘‘Access to Local Foods: Patrick
and livestock and PFAS mitigation and re- ponderance of the scientific and medical Leahy Farm to School Program’’.
mediation methods and disseminate such knowledge consistent with section 5341 of SEC. 778. Notwithstanding 7 U.S.C.
knowledge to agricultural producers. title 7 of United States Code: Provided fur- 1991(a)(13), the Secretary shall consider a
SEC. 767. The Secretary shall set aside for ther, That not later than eighteen months city or town to be a rural area for the pur-
Rural Economic Area Partnership (REAP) after the date of enactment of this Act, the poses of eligibility for a guaranteed loan
Zones, until August 15, 2023, an amount of National Academies of Sciences, Engineer- funded through the Rural Community Facili-
funds made available in title III under the ing, and Medicine shall submit its report to ties Program Account if the project to be
headings of Rural Housing Insurance Fund the Secretary of Agriculture, the Secretary funded received a prior loan from such ac-
Program Account, Mutual and Self-Help of Health and Human Services, and the Con- count in fiscal year 2021.
Housing Grants, Rural Housing Assistance gress of its systematic review and data anal- SEC. 779. Of the unobligated balances in the
Grants, Rural Community Facilities Pro- ysis of the eight research topics: Provided ‘‘Nonrecurring Expenses Fund’’ established
gram Account, Rural Business Program Ac- further, That the Secretary of Agriculture in section 742 of division A of Public Law
count, Rural Development Loan Fund Pro- shall ensure that the 2025 Dietary Guidelines 113–235, $150,000,000 are hereby rescinded not
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gram Account, and Rural Water and Waste for Americans process includes a rec- later than September 30, 2023.
Disposal Program Account, equal to the ommendation for alcohol and shall be based SEC. 780. Funds made available in the Con-
amount obligated in REAP Zones with re- on the preponderance of scientific and med- solidated Appropriations Act, 2018 (Public
spect to funds provided under such headings ical knowledge consistent with section 5341 Law 115–141) for the ‘‘Rural Community Fa-
in the most recent fiscal year any such funds of title 7 of United States Code: Provided fur- cilities Program Account’’ under section 306
were obligated under such headings for ther, That the Secretary of Agriculture shall of the Consolidated Farm and Rural Develop-
REAP Zones. ensure the process is fully transparent and ment Act, 7 U.S.C. 1926, for the principal
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7343
amount of direct loans are to remain avail- out a pilot fellowship program of the United ceding division A of this consolidated Act),
able through fiscal year 2028 for the liquida- States Commercial Service under which the or any use of deobligated balances of funds
tion of valid obligations incurred in fiscal Secretary of Commerce may make competi- provided under this heading in previous
year 2018. tive grants to appropriate institutions of years, shall be subject to the procedures set
SEC. 781. Of the unobligated balances from higher education or students to increase the forth in section 505 of this Act.
amounts made available to carry out section level of knowledge and awareness of, and in- SALARIES AND EXPENSES
749(g) of the Agricultural Appropriations Act terest in employment with, that Service
of 2010 (Public Law 111–80), $80,000,000 are among minority students: Provided further, For necessary expenses of administering
hereby rescinded: Provided, That no amounts That any grants awarded under such pro- the economic development assistance pro-
may be rescinded from amounts that were gram shall be made pursuant to regulations grams as provided for by law, $68,000,000: Pro-
designated by the Congress as an emergency to be prescribed by the Secretary, which vided, That funds provided under this head-
requirement pursuant to a Concurrent Reso- shall require as a condition of the initial re- ing may be used to monitor projects ap-
lution on the Budget or the Balanced Budget ceipt of grant funds, a commitment by pro- proved pursuant to title I of the Public
and Emergency Deficit Control Act of 1985. spective grantees to accept full-time employ- Works Employment Act of 1976; title II of
This division may be cited as the ‘‘Agri- ment in the Global Markets unit of the the Trade Act of 1974; sections 27 through 30
culture, Rural Development, Food and Drug International Trade Administration upon of the Stevenson-Wydler Technology Innova-
Administration, and Related Agencies Ap- the completion of participation in the pro- tion Act of 1980 (15 U.S.C. 3722–3723), as
propriations Act, 2023’’. gram. amended; and the Community Emergency
Drought Relief Act of 1977.
DIVISION B—COMMERCE, JUSTICE, BUREAU OF INDUSTRY AND SECURITY
SCIENCE, AND RELATED AGENCIES AP- MINORITY BUSINESS DEVELOPMENT AGENCY
OPERATIONS AND ADMINISTRATION
PROPRIATIONS ACT, 2023 MINORITY BUSINESS DEVELOPMENT
For necessary expenses for export adminis-
TITLE I tration and national security activities of For necessary expenses of the Minority
DEPARTMENT OF COMMERCE the Department of Commerce, including Business Development Agency in fostering,
INTERNATIONAL TRADE ADMINISTRATION costs associated with the performance of ex- promoting, and developing minority business
port administration field activities both do- enterprises, as authorized by law, $70,000,000.
OPERATIONS AND ADMINISTRATION
mestically and abroad; full medical coverage ECONOMIC AND STATISTICAL ANALYSIS
For necessary expenses for international for dependent members of immediate fami-
trade activities of the Department of Com- SALARIES AND EXPENSES
lies of employees stationed overseas; em-
merce provided for by law, to carry out ac- ployment of citizens of the United States For necessary expenses, as authorized by
tivities associated with facilitating, attract- and aliens by contract for services abroad; law, of economic and statistical analysis pro-
ing, and retaining business investment in the payment of tort claims, in the manner au- grams of the Department of Commerce,
United States, and for engaging in trade pro- thorized in the first paragraph of section 2672 $130,000,000, to remain available until Sep-
motional activities abroad, including ex- of title 28, United States Code, when such tember 30, 2024.
penses of grants and cooperative agreements claims arise in foreign countries; not to ex- BUREAU OF THE CENSUS
for the purpose of promoting exports of ceed $13,500 for official representation ex-
United States firms, without regard to sec- CURRENT SURVEYS AND PROGRAMS
penses abroad; awards of compensation to in-
tions 3702 and 3703 of title 44, United States formers under the Export Control Reform For necessary expenses for collecting, com-
Code; full medical coverage for dependent Act of 2018 (subtitle B of title XVII of the piling, analyzing, preparing, and publishing
members of immediate families of employees John S. McCain National Defense Authoriza- statistics, provided for by law, $330,000,000:
stationed overseas and employees tempo- tion Act for Fiscal Year 2019; Public Law 115– Provided, That, from amounts provided here-
rarily posted overseas; travel and transpor- 232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and in, funds may be used for promotion, out-
tation of employees of the International as authorized by section 1(b) of the Act of reach, and marketing activities.
Trade Administration between two points June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); PERIODIC CENSUSES AND PROGRAMS
abroad, without regard to section 40118 of and purchase of passenger motor vehicles for For necessary expenses for collecting, com-
title 49, United States Code; employment of official use and motor vehicles for law en- piling, analyzing, preparing, and publishing
citizens of the United States and aliens by forcement use with special requirement vehi- statistics for periodic censuses and programs
contract for services; rental of space abroad cles eligible for purchase without regard to provided for by law, $1,155,000,000, to remain
for periods not exceeding 10 years, and ex- any price limitation otherwise established available until September 30, 2024: Provided,
penses of alteration, repair, or improvement; by law, $191,000,000, of which $76,000,000 shall That, from amounts provided herein, funds
purchase or construction of temporary de- remain available until expended: Provided, may be used for promotion, outreach, and
mountable exhibition structures for use That the provisions of the first sentence of marketing activities.
abroad; payment of tort claims, in the man- section 105(f) and all of section 108(c) of the
ner authorized in the first paragraph of sec- NATIONAL TELECOMMUNICATIONS AND
Mutual Educational and Cultural Exchange
tion 2672 of title 28, United States Code, INFORMATION ADMINISTRATION
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
when such claims arise in foreign countries; apply in carrying out these activities: Pro- SALARIES AND EXPENSES
not to exceed $294,300 for official representa- vided further, That payments and contribu- For necessary expenses, as provided for by
tion expenses abroad; purchase of passenger tions collected and accepted for materials or law, of the National Telecommunications
motor vehicles for official use abroad, not to services provided as part of such activities and Information Administration (NTIA),
exceed $45,000 per vehicle; not to exceed may be retained for use in covering the cost $62,000,000, to remain available until Sep-
$325,000 for purchase of armored vehicles of such activities, and for providing informa- tember 30, 2024: Provided, That, notwith-
without regard to the general purchase price tion to the public with respect to the export standing 31 U.S.C. 1535(d), the Secretary of
limitations; obtaining insurance on official administration and national security activi- Commerce shall charge Federal agencies for
motor vehicles; and rental of tie lines, ties of the Department of Commerce and costs incurred in spectrum management,
$625,000,000, of which $85,000,000 shall remain other export control programs of the United analysis, operations, and related services,
available until September 30, 2024: Provided, States and other governments. and such fees shall be retained and used as
That $12,000,000 is to be derived from fees to offsetting collections for costs of such spec-
be retained and used by the International ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE
trum services, to remain available until ex-
Trade Administration, notwithstanding sec- pended: Provided further, That the Secretary
tion 3302 of title 31, United States Code: Pro- PROGRAMS
of Commerce is authorized to retain and use
vided further, That, of amounts provided For grants for economic development as- as offsetting collections all funds trans-
under this heading, not less than $16,400,000 sistance as provided by the Public Works and ferred, or previously transferred, from other
shall be for China antidumping and counter- Economic Development Act of 1965, for trade Government agencies for all costs incurred
vailing duty enforcement and compliance ac- adjustment assistance, and for grants au- in telecommunications research, engineer-
tivities: Provided further, That the provisions thorized by sections 27, 28, 29, and 30 of the ing, and related activities by the Institute
of the first sentence of section 105(f) and all Stevenson-Wydler Technology Innovation for Telecommunication Sciences of NTIA, in
of section 108(c) of the Mutual Educational Act of 1980 (15 U.S.C. 3722, 3722a, 3722b, and furtherance of its assigned functions under
and Cultural Exchange Act of 1961 (22 U.S.C. 3723), as amended, $430,000,000 to remain this paragraph, and such funds received from
2455(f) and 2458(c)) shall apply in carrying out available until expended, of which $50,000,000 other Government agencies shall remain
these activities; and that for the purpose of shall be for grants under section 27, available until expended.
this Act, contributions under the provisions $41,000,000 shall be for grants under section
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of the Mutual Educational and Cultural Ex- 28, $41,000,000 shall be for grants under sec- PUBLIC TELECOMMUNICATIONS FACILITIES,
change Act of 1961 shall include payment for tion 29 in amounts determined by the Sec- PLANNING AND CONSTRUCTION
assessments for services provided as part of retary, and $2,500,000 shall be for grants For the administration of prior-year
these activities: Provided further, That, of under section 30: Provided, That any devi- grants, recoveries and unobligated balances
amounts provided under this heading, up to ation from the amounts designated for spe- of funds previously appropriated are avail-
$3,000,000, to remain available until ex- cific activities in the explanatory statement able for the administration of all open grants
pended, shall be for the purpose of carrying described in section 4 (in the matter pre- until their expiration.
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S7344 CONGRESSIONAL RECORD — SENATE December 19, 2022
UNITED STATES PATENT AND TRADEMARK where applicable: Provided further, That, not- the Secretary submits to Congress in support
OFFICE withstanding any other provision of law, all of the Department of Commerce budget (as
SALARIES AND EXPENSES fees and surcharges assessed and collected by submitted with the budget of the President
(INCLUDING TRANSFERS OF FUNDS) USPTO are available for USPTO only pursu- under section 1105(a) of title 31, United
ant to section 42(c) of title 35, United States States Code) an estimate for each National
For necessary expenses of the United
States Patent and Trademark Office Code, as amended by section 22 of the Leahy- Institute of Standards and Technology con-
(USPTO) provided for by law, including de- Smith America Invents Act (Public Law 112– struction project having a total multi-year
fense of suits instituted against the Under 29): Provided further, That within the program cost of more than $5,000,000, and si-
Secretary of Commerce for Intellectual amounts appropriated, $2,450,000 shall be multaneously the budget justification mate-
Property and Director of the USPTO, transferred to the ‘‘Office of Inspector Gen- rials shall include an estimate of the budg-
$4,253,404,000, to remain available until ex- eral’’ account for activities associated with etary requirements for each such project for
pended: Provided, That the sum herein appro- carrying out investigations and audits re- each of the 5 subsequent fiscal years.
priated from the general fund shall be re- lated to the USPTO. NATIONAL OCEANIC AND ATMOSPHERIC
duced as offsetting collections of fees and NATIONAL INSTITUTE OF STANDARDS AND ADMINISTRATION
surcharges assessed and collected by the TECHNOLOGY OPERATIONS, RESEARCH, AND FACILITIES
USPTO under any law are received during SCIENTIFIC AND TECHNICAL RESEARCH AND (INCLUDING TRANSFER OF FUNDS)
fiscal year 2023, so as to result in a fiscal SERVICES
For necessary expenses of activities au-
year 2023 appropriation from the general (INCLUDING TRANSFER OF FUNDS)
thorized by law for the National Oceanic and
fund estimated at $0: Provided further, That For necessary expenses of the National In- Atmospheric Administration, including
during fiscal year 2023, should the total stitute of Standards and Technology (NIST),
amount of such offsetting collections be less maintenance, operation, and hire of aircraft
$953,000,000, to remain available until ex- and vessels; pilot programs for State-led
than $4,253,404,000, this amount shall be re- pended, of which not to exceed $9,000,000 may
duced accordingly: Provided further, That any fisheries management, notwithstanding any
be transferred to the ‘‘Working Capital other provision of law; grants, contracts, or
amount received in excess of $4,253,404,000 in Fund’’: Provided, That of the amounts appro-
fiscal year 2023 and deposited in the Patent other payments to nonprofit organizations
priated under this heading, $62,532,000 shall for the purposes of conducting activities pur-
and Trademark Fee Reserve Fund shall re- be used for the projects, and in the amounts,
main available until expended: Provided fur- suant to cooperative agreements; and reloca-
specified in the table immediately following tion of facilities, $4,500,997,000, to remain
ther, That the Director of USPTO shall sub- the paragraph ‘‘NIST STRS Community
mit a spending plan to the Committees on available until September 30, 2024: Provided,
Project Funding/NIST External Projects’’ in That fees and donations received by the Na-
Appropriations of the House of Representa- the explanatory statement described in sec-
tives and the Senate for any amounts made tional Ocean Service for the management of
tion 4 (in the matter preceding division A of national marine sanctuaries may be retained
available by the preceding proviso and such this consolidated Act): Provided further, That
spending plan shall be treated as a re- and used for the salaries and expenses associ-
the amounts made available for the projects ated with those activities, notwithstanding
programming under section 505 of this Act referenced in the preceding proviso may not
and shall not be available for obligation or section 3302 of title 31, United States Code:
be transferred for any other purpose: Pro- Provided further, That in addition, $344,901,000
expenditure except in compliance with the vided further, That not to exceed $5,000 shall
procedures set forth in that section: Provided shall be derived by transfer from the fund en-
be for official reception and representation titled ‘‘Promote and Develop Fishery Prod-
further, That any amounts reprogrammed in expenses: Provided further, That NIST may
accordance with the preceding proviso shall ucts and Research Pertaining to American
provide local transportation for summer un- Fisheries’’, which shall only be used for fish-
be transferred to the United States Patent dergraduate research fellowship program
and Trademark Office ‘‘Salaries and Ex- ery activities related to the Saltonstall-Ken-
participants. nedy Grant Program; Fisheries Data Collec-
penses’’ account: Provided further, That the
budget of the President submitted for fiscal
INDUSTRIAL TECHNOLOGY SERVICES tions, Surveys, and Assessments; Observers
year 2024 under section 1105 of title 31, For necessary expenses for industrial tech- and Training; Fisheries Management Pro-
United States Code, shall include within nology services, $212,000,000, to remain avail- grams and Services; and Interjurisdictional
amounts provided under this heading for nec- able until expended, of which $175,000,000 Fisheries Grants: Provided further, That not
essary expenses of the USPTO any increases shall be for the Hollings Manufacturing Ex- to exceed $71,299,000 shall be for payment to
that are expected to result from an increase tension Partnership, and of which $37,000,000 the ‘‘Department of Commerce Working Cap-
promulgated through rule or regulation in shall be for the Manufacturing USA Pro- ital Fund’’: Provided further, That of the
offsetting collections of fees and surcharges gram. $4,868,898,000 provided for in direct obliga-
assessed and collected by the USPTO under CONSTRUCTION OF RESEARCH FACILITIES tions under this heading, $4,500,997,000 is ap-
any law in either fiscal year 2023 or fiscal For construction of new research facilities, propriated from the general fund, $344,901,000
year 2024: Provided further, That from including architectural and engineering de- is provided by transfer, and $23,000,000 is de-
amounts provided herein, not to exceed sign, and for renovation and maintenance of rived from recoveries of prior year obliga-
$13,500 shall be made available in fiscal year existing facilities, not otherwise provided for tions: Provided further, That of the amounts
2023 for official reception and representation the National Institute of Standards and appropriated under this heading, $111,465,000
expenses: Provided further, That in fiscal year Technology, as authorized by sections 13 shall be used for the projects, and in the
2023 from the amounts made available for through 15 of the National Institute of amounts, specified in the table immediately
‘‘Salaries and Expenses’’ for the USPTO, the Standards and Technology Act (15 U.S.C. following the paragraph ‘‘NOAA Community
amounts necessary to pay (1) the difference 278c–278e), $462,285,000, to remain available Project Funding/NOAA Special Projects’’ in
between the percentage of basic pay contrib- until expended: Provided, That of the the explanatory statement described in sec-
uted by the USPTO and employees under sec- amounts appropriated under this heading, tion 4 (in the matter preceding division A of
tion 8334(a) of title 5, United States Code, $332,285,000 shall be used for the projects, and this consolidated Act): Provided further, That
and the normal cost percentage (as defined in the amounts, specified in the table imme- the amounts made available for the projects
by section 8331(17) of that title) as provided diately following the paragraph ‘‘NIST Con- referenced in the preceding proviso may not
by the Office of Personnel Management struction Community Project Funding/NIST be transferred for any other purpose: Pro-
(OPM) for USPTO’s specific use, of basic pay, Extramural Construction’’ in the explana- vided further, That any deviation from the
of employees subject to subchapter III of tory statement described in section 4 (in the amounts designated for specific activities in
chapter 83 of that title, and (2) the present matter preceding division A of this consoli- the explanatory statement described in sec-
value of the otherwise unfunded accruing dated Act): Provided further, That up to one tion 4 (in the matter preceding division A of
costs, as determined by OPM for USPTO’s percent of amounts made available for the this consolidated Act), or any use of
specific use of post-retirement life insurance projects referenced in the preceding proviso deobligated balances of funds provided under
and post-retirement health benefits coverage may be used for the administrative costs of this heading in previous years, shall be sub-
for all USPTO employees who are enrolled in such projects: Provided further, That the Di- ject to the procedures set forth in section 505
Federal Employees Health Benefits (FEHB) rector of the National Institute of Standards of this Act: Provided further, That in addi-
and Federal Employees Group Life Insurance and Technology shall submit a spending plan tion, for necessary retired pay expenses
(FEGLI), shall be transferred to the Civil to the Committees on Appropriations of the under the Retired Serviceman’s Family Pro-
Service Retirement and Disability Fund, the House of Representatives and the Senate for tection and Survivor Benefits Plan, and for
FEGLI Fund, and the Employees FEHB any amounts made available by the pre- payments for the medical care of retired per-
Fund, as appropriate, and shall be available ceding proviso and such spending plan shall sonnel and their dependents under the De-
pendents’ Medical Care Act (10 U.S.C. ch. 55),
dlhill on DSK120RN23PROD with SENATE
for the authorized purposes of those ac- be treated as a reprogramming under section
counts: Provided further, That any differences 505 of this Act and shall not be available for such sums as may be necessary.
between the present value factors published obligation or expenditure except in compli- PROCUREMENT, ACQUISITION AND CONSTRUCTION
in OPM’s yearly 300 series benefit letters and ance with the procedures set forth in that For procurement, acquisition and con-
the factors that OPM provides for USPTO’s section: Provided further, That the Secretary struction of capital assets, including alter-
specific use shall be recognized as an im- of Commerce shall include in the budget jus- ation and modification costs, of the National
puted cost on USPTO’s financial statements, tification materials for fiscal year 2024 that Oceanic and Atmospheric Administration,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7345
$1,653,630,000, to remain available until Sep- DEPARTMENTAL MANAGEMENT able for obligation or expenditure except in
tember 30, 2025, except that funds provided SALARIES AND EXPENSES compliance with the procedures set forth in
for acquisition and construction of vessels For necessary expenses for the manage- that section: Provided further, That the Sec-
and aircraft, and construction of facilities retary of Commerce shall notify the Com-
ment of the Department of Commerce pro-
shall remain available until expended: Pro- mittees on Appropriations at least 15 days in
vided for by law, including not to exceed
vided, That of the $1,666,630,000 provided for advance of the acquisition or disposal of any
$4,500 for official reception and representa-
in direct obligations under this heading, capital asset (including land, structures, and
tion, $95,000,000: Provided, That no employee
$1,653,630,000 is appropriated from the general equipment) not specifically provided for in
of the Department of Commerce may be de-
fund and $13,000,000 is provided from recov- this Act or any other law appropriating
tailed or assigned from a bureau or office
eries of prior year obligations: Provided fur- funds for the Department of Commerce.
funded by this Act or any other Act to of- SEC. 104. The requirements set forth by sec-
ther, That any deviation from the amounts fices within the Office of the Secretary of the
designated for specific activities in the ex- tion 105 of the Commerce, Justice, Science,
Department of Commerce for more than 180 and Related Agencies Appropriations Act,
planatory statement described in section 4 days in a fiscal year unless the individual’s
(in the matter preceding division A of this 2012 (Public Law 112–55), as amended by sec-
employing bureau or office is fully reim- tion 105 of title I of division B of Public Law
consolidated Act), or any use of deobligated bursed for the salary and expenses of the em-
balances of funds provided under this head- 113–6, are hereby adopted by reference and
ployee for the entire period of assignment made applicable with respect to fiscal year
ing in previous years, shall be subject to the using funds provided under this heading: Pro-
procedures set forth in section 505 of this 2023: Provided, That the life cycle cost for the
vided further, That amounts made available Joint Polar Satellite System is
Act: Provided further, That the Secretary of to the Department of Commerce in this or
Commerce shall include in budget justifica- $11,322,125,000, the life cycle cost of the Polar
any prior Act may not be transferred pursu- Follow On Program is $6,837,900,000, the life
tion materials for fiscal year 2024 that the ant to section 508 of this or any prior Act to
Secretary submits to Congress in support of cycle cost for the Geostationary Operational
the account funded under this heading, ex- Environmental Satellite R-Series Program is
the Department of Commerce budget (as sub- cept in the case of extraordinary cir-
mitted with the budget of the President $11,700,100,000, and the life cycle cost for the
cumstances that threaten life or property. Space Weather Follow On Program is
under section 1105(a) of title 31, United
RENOVATION AND MODERNIZATION $692,800,000.
States Code) an estimate for each National
Oceanic and Atmospheric Administration For necessary expenses for the renovation SEC. 105. Notwithstanding any other provi-
procurement, acquisition or construction and modernization of the Herbert C. Hoover sion of law, the Secretary of Commerce may
project having a total of more than $5,000,000 Building, $1,142,000. furnish services (including but not limited to
and simultaneously the budget justification NONRECURRING EXPENSES FUND
utilities, telecommunications, and security
shall include an estimate of the budgetary services) necessary to support the operation,
For necessary expenses for technology maintenance, and improvement of space that
requirements for each such project for each modernization projects and cybersecurity
of the 5 subsequent fiscal years. persons, firms, or organizations are author-
risk mitigation of the Department of Com- ized, pursuant to the Public Buildings Coop-
PACIFIC COASTAL SALMON RECOVERY merce, $35,000,000, to remain available until erative Use Act of 1976 or other authority, to
September 30, 2025: Provided, That amounts use or occupy in the Herbert C. Hoover
For necessary expenses associated with the
made available under this heading are in ad- Building, Washington, DC, or other build-
restoration of Pacific salmon populations,
dition to such other funds as may be avail- ings, the maintenance, operation, and pro-
$65,000,000, to remain available until Sep-
able for such purposes: Provided further, That tection of which has been delegated to the
tember 30, 2024: Provided, That, of the funds
any unobligated balances of expired discre- Secretary from the Administrator of General
provided herein, the Secretary of Commerce
tionary funds transferred to the Department Services pursuant to the Federal Property
may issue grants to the States of Wash-
of Commerce Nonrecurring Expenses Fund, and Administrative Services Act of 1949 on a
ington, Oregon, Idaho, Nevada, California,
as authorized by section 111 of title I of divi- reimbursable or non-reimbursable basis.
and Alaska, and to the federally recognized
sion B of Public Law 116–93, may be obligated Amounts received as reimbursement for
Tribes of the Columbia River and Pacific
only after the Committees on Appropriations services provided under this section or the
Coast (including Alaska), for projects nec-
of the House of Representatives and the Sen- authority under which the use or occupancy
essary for conservation of salmon and
ate are notified at least 15 days in advance of of the space is authorized, up to $200,000,
steelhead populations that are listed as
the planned use of funds. shall be credited to the appropriation or fund
threatened or endangered, or that are identi-
fied by a State as at-risk to be so listed, for OFFICE OF INSPECTOR GENERAL which initially bears the costs of such serv-
maintaining populations necessary for exer- For necessary expenses of the Office of In- ices.
cise of Tribal treaty fishing rights or native spector General in carrying out the provi- SEC. 106. Nothing in this title shall be con-
subsistence fishing, or for conservation of sions of the Inspector General Act of 1978 (5 strued to prevent a grant recipient from de-
Pacific coastal salmon and steelhead habi- U.S.C. App.), $48,000,000. terring child pornography, copyright in-
tat, based on guidelines to be developed by GENERAL PROVISIONS—DEPARTMENT OF fringement, or any other unlawful activity
the Secretary of Commerce: Provided further, COMMERCE over its networks.
That all funds shall be allocated based on SEC. 107. The Administrator of the Na-
(INCLUDING TRANSFER OF FUNDS) tional Oceanic and Atmospheric Administra-
scientific and other merit principles and
SEC. 101. During the current fiscal year, ap- tion is authorized to use, with their consent,
shall not be available for marketing activi-
plicable appropriations and funds made with reimbursement and subject to the lim-
ties: Provided further, That funds disbursed to
available to the Department of Commerce by its of available appropriations, the land,
States shall be subject to a matching re-
this Act shall be available for the activities services, equipment, personnel, and facilities
quirement of funds or documented in-kind
specified in the Act of October 26, 1949 (15 of any department, agency, or instrumen-
contributions of at least 33 percent of the
U.S.C. 1514), to the extent and in the manner tality of the United States, or of any State,
Federal funds.
prescribed by the Act, and, notwithstanding local government, Indian Tribal government,
FISHERIES DISASTER ASSISTANCE 31 U.S.C. 3324, may be used for advanced pay- Territory, or possession, or of any political
For necessary expenses of administering ments not otherwise authorized only upon subdivision thereof, or of any foreign govern-
the fishery disaster assistance programs au- the certification of officials designated by ment or international organization, for pur-
thorized by the Magnuson-Stevens Fishery the Secretary of Commerce that such pay- poses related to carrying out the responsibil-
Conservation and Management Act (Public ments are in the public interest. ities of any statute administered by the Na-
Law 94–265) and the Interjurisdictional Fish- SEC. 102. During the current fiscal year, ap- tional Oceanic and Atmospheric Administra-
eries Act (title III of Public Law 99–659), propriations made available to the Depart- tion.
$300,000. ment of Commerce by this Act for salaries SEC. 108. The National Technical Informa-
and expenses shall be available for hire of tion Service shall not charge any customer
FISHERMEN’S CONTINGENCY FUND passenger motor vehicles as authorized by 31 for a copy of any report or document gen-
For carrying out the provisions of title IV U.S.C. 1343 and 1344; services as authorized erated by the Legislative Branch unless the
of Public Law 95–372, not to exceed $349,000, by 5 U.S.C. 3109; and uniforms or allowances Service has provided information to the cus-
to be derived from receipts collected pursu- therefor, as authorized by law (5 U.S.C. 5901– tomer on how an electronic copy of such re-
ant to that Act, to remain available until ex- 5902). port or document may be accessed and
pended. SEC. 103. Not to exceed 5 percent of any ap- downloaded for free online. Should a cus-
propriation made available for the current tomer still require the Service to provide a
FISHERIES FINANCE PROGRAM ACCOUNT
fiscal year for the Department of Commerce printed or digital copy of the report or docu-
dlhill on DSK120RN23PROD with SENATE
Subject to section 502 of the Congressional in this Act may be transferred between such ment, the charge shall be limited to recov-
Budget Act of 1974, during fiscal year 2023, appropriations, but no such appropriation ering the Service’s cost of processing, repro-
obligations of direct loans may not exceed shall be increased by more than 10 percent ducing, and delivering such report or docu-
$24,000,000 for Individual Fishing Quota loans by any such transfers: Provided, That any ment.
and not to exceed $100,000,000 for traditional transfer pursuant to this section shall be SEC. 109. To carry out the responsibilities
direct loans as authorized by the Merchant treated as a reprogramming of funds under of the National Oceanic and Atmospheric Ad-
Marine Act of 1936. section 505 of this Act and shall not be avail- ministration (NOAA), the Administrator of
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S7346 CONGRESSIONAL RECORD — SENATE December 19, 2022
NOAA is authorized to: (1) enter into grants JUSTICE INFORMATION SHARING TECHNOLOGY cial reception and representation expenses:
and cooperative agreements with; (2) use on (INCLUDING TRANSFER OF FUNDS) Provided further, That notwithstanding sec-
a non-reimbursable basis land, services, tion 205 of this Act, upon a determination by
For necessary expenses for information
equipment, personnel, and facilities provided the Attorney General that emergent cir-
sharing technology, including planning, de-
by; and (3) receive and expend funds made cumstances require additional funding for
velopment, deployment and departmental di- litigation activities of the Civil Division, the
available on a consensual basis from: a Fed-
rection, $138,000,000, to remain available Attorney General may transfer such
eral agency, State or subdivision thereof,
until expended: Provided, That the Attorney amounts to ‘‘Salaries and Expenses, General
local government, Tribal government, Terri-
General may transfer up to $40,000,000 to this Legal Activities’’ from available appropria-
tory, or possession or any subdivisions there-
account, from funds available to the Depart- tions for the current fiscal year for the De-
of: Provided, That funds received for permit-
ment of Justice for information technology, partment of Justice, as may be necessary to
ting and related regulatory activities pursu-
to remain available until expended, for en- respond to such circumstances: Provided fur-
ant to this section shall be deposited under
terprise-wide information technology initia- ther, That any transfer pursuant to the pre-
the heading ‘‘National Oceanic and Atmos-
tives: Provided further, That the transfer au- ceding proviso shall be treated as a re-
pheric Administration—Operations, Re-
thority in the preceding proviso is in addi- programming under section 505 of this Act
search, and Facilities’’ and shall remain
tion to any other transfer authority con- and shall not be available for obligation or
available until September 30, 2024, for such
tained in this Act: Provided further, That any expenditure except in compliance with the
purposes: Provided further, That all funds
transfer pursuant to the first proviso shall procedures set forth in that section: Provided
within this section and their corresponding
be treated as a reprogramming under section further, That of the amount appropriated,
uses are subject to section 505 of this Act.
505 of this Act and shall not be available for such sums as may be necessary shall be
SEC. 110. Amounts provided by this Act or
obligation or expenditure except in compli- available to the Civil Rights Division for sal-
by any prior appropriations Act that remain
ance with the procedures set forth in that aries and expenses associated with the elec-
available for obligation, for necessary ex-
section. tion monitoring program under section 8 of
penses of the programs of the Economics and the Voting Rights Act of 1965 (52 U.S.C. 10305)
Statistics Administration of the Department EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
and to reimburse the Office of Personnel
of Commerce, including amounts provided (INCLUDING TRANSFER OF FUNDS)
Management for such salaries and expenses:
for programs of the Bureau of Economic For expenses necessary for the administra- Provided further, That of the amounts pro-
Analysis and the Bureau of the Census, shall tion of immigration-related activities of the vided under this heading for the election
be available for expenses of cooperative Executive Office for Immigration Review, monitoring program, $3,390,000 shall remain
agreements with appropriate entities, in- $860,000,000, of which $4,000,000 shall be de- available until expended: Provided further,
cluding any Federal, State, or local govern- rived by transfer from the Executive Office That any funds provided under this heading
mental unit, or institution of higher edu- for Immigration Review fees deposited in the in prior year appropriations Acts that re-
cation, to aid and promote statistical, re- ‘‘Immigration Examinations Fee’’ account, main available to the Civil Rights Division
search, and methodology activities which and of which not less than $29,000,000 shall be for salaries and expenses associated with the
further the purposes for which such amounts available for services and activities provided election monitoring program under section 8
have been made available. by the Legal Orientation Program: Provided, of the Voting Rights Act of 1965 (52 U.S.C.
SEC. 111. Amounts provided by this Act for That not to exceed $50,000,000 of the total 10305) may also be used to carry out any au-
the Hollings Manufacturing Extension Part- amount made available under this heading thorized purposes of the Civil Rights Divi-
nership under the heading ‘‘National Insti- shall remain available until September 30, sion: Provided further, That amounts
tute of Standards and Technology—Indus- 2027, for build-out and modifications of repurposed by the preceding proviso may not
trial Technology Services’’ shall not be sub- courtroom space. be used to increase the number of permanent
ject to cost share requirements under 15 OFFICE OF INSPECTOR GENERAL positions.
U.S.C. 278k(e)(2): Provided, That the author- In addition, for reimbursement of expenses
ity made available pursuant to this section For necessary expenses of the Office of In- of the Department of Justice associated with
shall be elective, in whole or in part, for any spector General, $139,000,000, including not to processing cases under the National Child-
Manufacturing Extension Partnership Center exceed $10,000 to meet unforeseen emer- hood Vaccine Injury Act of 1986, $31,738,000,
that also receives funding from a State that gencies of a confidential character: Provided, to be appropriated from the Vaccine Injury
is conditioned upon the application of a Fed- That not to exceed $4,000,000 shall remain Compensation Trust Fund and to remain
eral cost sharing requirement. available until September 30, 2024. available until expended.
SEC. 112. The Secretary of Commerce, or UNITED STATES PAROLE COMMISSION SALARIES AND EXPENSES, ANTITRUST DIVISION
the designee of the Secretary, may waive— SALARIES AND EXPENSES For expenses necessary for the enforce-
(1) in whole or in part, the matching re- For necessary expenses of the United ment of antitrust and kindred laws,
quirements under sections 306 and 306A, and States Parole Commission as authorized, $225,000,000, to remain available until ex-
the cost sharing requirements under section $14,591,000: Provided, That, notwithstanding pended, of which not to exceed $5,000 shall be
315, of the Coastal Zone Management Act of any other provision of law, upon the expira- available for official reception and represen-
1972 (16 U.S.C. 1455, 1455a, and 1461) as nec- tion of a term of office of a Commissioner, tation expenses: Provided, That notwith-
essary at the request of the grant applicant, the Commissioner may continue to act until standing any other provision of law, fees col-
for amounts made available under this Act a successor has been appointed. lected for premerger notification filings
under the heading ‘‘Operations, Research, under the Hart-Scott-Rodino Antitrust Im-
LEGAL ACTIVITIES provements Act of 1976 (15 U.S.C. 18a), re-
and Facilities’’ under the heading ‘‘National
Oceanic and Atmospheric Administration’’; SALARIES AND EXPENSES, GENERAL LEGAL gardless of the year of collection (and esti-
and ACTIVITIES mated to be $190,000,000 in fiscal year 2023),
(2) up to 50 percent of the matching re- (INCLUDING TRANSFER OF FUNDS) shall be retained and used for necessary ex-
quirements under sections 306 and 306A, and For expenses necessary for the legal activi- penses in this appropriation, and shall re-
the cost sharing requirements under section ties of the Department of Justice, not other- main available until expended: Provided fur-
315, of the Coastal Zone Management Act of wise provided for, including not to exceed ther, That the sum herein appropriated from
1972 (16 U.S.C. 1455, 1455a, and 1461) as nec- $20,000 for expenses of collecting evidence, to the general fund shall be reduced as such off-
essary at the request of the grant applicant, be expended under the direction of, and to be setting collections are received during fiscal
for amounts made available under this Act accounted for solely under the certificate of, year 2023, so as to result in a final fiscal year
under the heading ‘‘Procurement, Acquisi- the Attorney General; the administration of 2023 appropriation from the general fund es-
tion and Construction’’ under the heading timated at $35,000,000.
pardon and clemency petitions; and rent of
‘‘National Oceanic and Atmospheric Admin- private or Government-owned space in the SALARIES AND EXPENSES, UNITED STATES
istration’’. District of Columbia, $1,138,000,000, of which ATTORNEYS
This title may be cited as the ‘‘Department not to exceed $50,000,000 for litigation sup- For necessary expenses of the Offices of the
of Commerce Appropriations Act, 2023’’. port contracts and information technology United States Attorneys, including inter-
TITLE II projects, including cybersecurity and hard- governmental and cooperative agreements,
ening of critical networks, shall remain $2,632,000,000: Provided, That of the total
DEPARTMENT OF JUSTICE
available until expended: Provided, That of amount appropriated, not to exceed $19,600
GENERAL ADMINISTRATION shall be available for official reception and
the amount provided for INTERPOL Wash-
SALARIES AND EXPENSES ington dues payments, not to exceed $685,000 representation expenses: Provided further,
For expenses necessary for the administra- shall remain available until expended: Pro- That not to exceed $40,000,000 shall remain
dlhill on DSK120RN23PROD with SENATE
tion of the Department of Justice, vided further, That of the total amount ap- available until expended: Provided further,
$145,000,000, of which $4,000,000 shall remain propriated, not to exceed $9,000 shall be That each United States Attorney shall es-
available until September 30, 2024, and of available to INTERPOL Washington for offi- tablish or participate in a task force on
which not to exceed $4,000,000 for security cial reception and representation expenses: human trafficking.
and construction of Department of Justice Provided further, That of the total amount UNITED STATES TRUSTEE SYSTEM FUND
facilities shall remain available until ex- appropriated, not to exceed $9,000 shall be For necessary expenses of the United
pended. available to the Criminal Division for offi- States Trustee Program, as authorized,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7347
$255,000,000, to remain available until ex- ASSETS FORFEITURE FUND not to exceed $216,900,000 shall remain avail-
pended: Provided, That, notwithstanding any For expenses authorized by subparagraphs able until expended: Provided, That not to ex-
other provision of law, deposits of discre- (B), (F), and (G) of section 524(c)(1) of title 28, ceed $284,000 shall be available for official re-
tionary offsetting collections to the United United States Code, $20,514,000, to be derived ception and representation expenses.
States Trustee System Fund and amounts from the Department of Justice Assets For- CONSTRUCTION
herein appropriated shall be available in feiture Fund. For necessary expenses, to include the cost
such amounts as may be necessary to pay re- of equipment, furniture, and information
UNITED STATES MARSHALS SERVICE
funds due depositors: Provided further, That, technology requirements, related to con-
notwithstanding any other provision of law, SALARIES AND EXPENSES
struction or acquisition of buildings, facili-
fees deposited into the Fund as discretionary For necessary expenses of the United ties, and sites by purchase, or as otherwise
offsetting collections pursuant to section States Marshals Service, $1,705,000,000, of authorized by law; conversion, modification,
589a of title 28, United States Code (as lim- which not to exceed $20,000 shall be available and extension of federally owned buildings;
ited by section 589a(f)(2) of title 28, United for official reception and representation ex- preliminary planning and design of projects;
States Code), shall be retained and used for penses, and not to exceed $25,000,000 shall re- and operation and maintenance of secure
necessary expenses in this appropriation and main available until expended. work environment facilities and secure net-
shall remain available until expended: Pro- CONSTRUCTION working capabilities; $651,895,000, to remain
vided further, That to the extent that fees de- available until expended.
For construction in space that is con-
posited into the Fund as discretionary offset- trolled, occupied, or utilized by the United DRUG ENFORCEMENT ADMINISTRATION
ting collections in fiscal year 2023, net of States Marshals Service for prisoner holding SALARIES AND EXPENSES
amounts necessary to pay refunds due de- and related support, $18,000,000, to remain For necessary expenses of the Drug En-
positors, exceed $255,000,000, those excess available until expended. forcement Administration, including not to
amounts shall be available in future fiscal exceed $70,000 to meet unforeseen emer-
FEDERAL PRISONER DETENTION
years only to the extent provided in advance gencies of a confidential character pursuant
in appropriations Acts: Provided further, That For necessary expenses related to United to section 530C of title 28, United States
the sum herein appropriated from the gen- States prisoners in the custody of the United Code; and expenses for conducting drug edu-
eral fund shall be reduced (1) as such fees are States Marshals Service as authorized by cation and training programs, including
received during fiscal year 2023, net of section 4013 of title 18, United States Code, travel and related expenses for participants
amounts necessary to pay refunds due de- $2,129,789,000, to remain available until ex- in such programs and the distribution of
positors, (estimated at $269,000,000) and (2) to pended: Provided, That not to exceed items of token value that promote the goals
the extent that any remaining general fund $20,000,000 shall be considered ‘‘funds appro- of such programs, $2,563,116,000, of which not
appropriations can be derived from amounts priated for State and local law enforcement to exceed $75,000,000 shall remain available
deposited in the Fund as discretionary off- assistance’’ pursuant to section 4013(b) of until expended and not to exceed $90,000 shall
setting collections in previous fiscal years title 18, United States Code: Provided further, be available for official reception and rep-
that are not otherwise appropriated, so as to That the United States Marshals Service resentation expenses: Provided, That, not-
result in a final fiscal year 2023 appropria- shall be responsible for managing the Justice withstanding section 3672 of Public Law 106–
tion from the general fund estimated at $0. Prisoner and Alien Transportation System. 310, up to $10,000,000 may be used to reim-
SALARIES AND EXPENSES, FOREIGN CLAIMS NATIONAL SECURITY DIVISION burse States, units of local government, In-
SETTLEMENT COMMISSION SALARIES AND EXPENSES dian Tribal Governments, other public enti-
For expenses necessary to carry out the ac- ties, and multi-jurisdictional or regional
(INCLUDING TRANSFER OF FUNDS)
tivities of the Foreign Claims Settlement consortia thereof for expenses incurred to
For expenses necessary to carry out the ac- clean up and safely dispose of substances as-
Commission, including services as author-
tivities of the National Security Division, sociated with clandestine methamphetamine
ized by section 3109 of title 5, United States
$133,512,000, of which not to exceed $5,000,000 laboratories, conversion and extraction oper-
Code, $2,504,000.
for information technology systems shall re- ations, tableting operations, or laboratories
FEES AND EXPENSES OF WITNESSES main available until expended: Provided, and processing operations for fentanyl and
For fees and expenses of witnesses, for ex- That notwithstanding section 205 of this Act, fentanyl-related substances which may
penses of contracts for the procurement and upon a determination by the Attorney Gen- present a danger to public health or the envi-
supervision of expert witnesses, for private eral that emergent circumstances require ronment.
counsel expenses, including advances, and for additional funding for the activities of the BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
expenses of foreign counsel, $270,000,000, to National Security Division, the Attorney EXPLOSIVES
remain available until expended, of which General may transfer such amounts to this SALARIES AND EXPENSES
not to exceed $16,000,000 is for construction of heading from available appropriations for
buildings for protected witness safesites; not For necessary expenses of the Bureau of
the current fiscal year for the Department of
to exceed $3,000,000 is for the purchase and Alcohol, Tobacco, Firearms and Explosives,
Justice, as may be necessary to respond to
maintenance of armored and other vehicles for training of State and local law enforce-
such circumstances: Provided further, That
for witness security caravans; and not to ex- ment agencies with or without reimburse-
any transfer pursuant to the preceding pro-
ceed $35,000,000 is for the purchase, installa- ment, including training in connection with
viso shall be treated as a reprogramming
tion, maintenance, and upgrade of secure the training and acquisition of canines for
under section 505 of this Act and shall not be
telecommunications equipment and a secure explosives and fire accelerants detection;
available for obligation or expenditure ex-
automated information network to store and and for provision of laboratory assistance to
cept in compliance with the procedures set State and local law enforcement agencies,
retrieve the identities and locations of pro- forth in that section. with or without reimbursement,
tected witnesses: Provided, That amounts INTERAGENCY LAW ENFORCEMENT $1,672,000,000, of which not to exceed $36,000
made available under this heading may not
INTERAGENCY CRIME AND DRUG ENFORCEMENT shall be for official reception and representa-
be transferred pursuant to section 205 of this
For necessary expenses for the identifica- tion expenses, not to exceed $1,000,000 shall
Act.
tion, investigation, and prosecution of indi- be available for the payment of attorneys’
SALARIES AND EXPENSES, COMMUNITY fees as provided by section 924(d)(2) of title
RELATIONS SERVICE viduals associated with the most significant
drug trafficking organizations, transnational 18, United States Code, and not to exceed
(INCLUDING TRANSFER OF FUNDS)
organized crime, and money laundering orga- $25,000,000 shall remain available until ex-
For necessary expenses of the Community nizations not otherwise provided for, to in- pended: Provided, That none of the funds ap-
Relations Service, $25,024,000: Provided, That clude inter-governmental agreements with propriated herein shall be available to inves-
notwithstanding section 205 of this Act, upon State and local law enforcement agencies en- tigate or act upon applications for relief
a determination by the Attorney General gaged in the investigation and prosecution of from Federal firearms disabilities under sec-
that emergent circumstances require addi- individuals involved in transnational orga- tion 925(c) of title 18, United States Code:
tional funding for conflict resolution and vi- Provided further, That such funds shall be
nized crime and drug trafficking, $550,458,000,
olence prevention activities of the Commu- available to investigate and act upon appli-
of which $50,000,000 shall remain available
nity Relations Service, the Attorney General cations filed by corporations for relief from
until expended: Provided, That any amounts
may transfer such amounts to the Commu- Federal firearms disabilities under section
obligated from appropriations under this
nity Relations Service, from available appro- 925(c) of title 18, United States Code: Pro-
heading may be used under authorities avail-
priations for the current fiscal year for the vided further, That no funds made available
able to the organizations reimbursed from
Department of Justice, as may be necessary by this or any other Act may be used to
this appropriation.
dlhill on DSK120RN23PROD with SENATE
to respond to such circumstances: Provided transfer the functions, missions, or activities
FEDERAL BUREAU OF INVESTIGATION of the Bureau of Alcohol, Tobacco, Firearms
further, That any transfer pursuant to the
preceding proviso shall be treated as a re- SALARIES AND EXPENSES and Explosives to other agencies or Depart-
programming under section 505 of this Act For necessary expenses of the Federal Bu- ments.
and shall not be available for obligation or reau of Investigation for detection, inves- CONSTRUCTION
expenditure except in compliance with the tigation, and prosecution of crimes against For necessary expenses related to con-
procedures set forth in that section. the United States, $10,676,000,000, of which struction of laboratory facilities, to include
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S7348 CONGRESSIONAL RECORD — SENATE December 19, 2022
the cost of equipment, furniture, and infor- and commitments without regard to fiscal lence, dating violence, stalking, or sexual as-
mation technology requirements; construc- year limitations as provided by section 9104 sault as authorized by section 40299 of the
tion or acquisition of buildings, facilities, of title 31, United States Code, as may be 1994 Act;
and sites by purchase, or as otherwise au- necessary in carrying out the program set (3) $2,500,000 is for the National Institute of
thorized by law; conversion, modification forth in the budget for the current fiscal Justice and the Bureau of Justice Statistics
and extension of federally owned buildings; year for such corporation. for research, evaluation, and statistics of vi-
and preliminary planning and design of LIMITATION ON ADMINISTRATIVE EXPENSES, olence against women and related issues ad-
projects; $75,000,000, to remain available FEDERAL PRISON INDUSTRIES, INCORPORATED dressed by grant programs of the Office on
until expended. Not to exceed $2,700,000 of the funds of the Violence Against Women, which shall be
FEDERAL PRISON SYSTEM Federal Prison Industries, Incorporated, transferred to ‘‘Research, Evaluation and
SALARIES AND EXPENSES shall be available for its administrative ex- Statistics’’ for administration by the Office
(INCLUDING TRANSFER OF FUNDS) penses, and for services as authorized by sec- of Justice Programs;
tion 3109 of title 5, United States Code, to be (4) $17,000,000 is for a grant program to pro-
For necessary expenses of the Federal Pris-
on System for the administration, operation, computed on an accrual basis to be deter- vide services to advocate for and respond to
and maintenance of Federal penal and cor- mined in accordance with the corporation’s youth victims of domestic violence, dating
rectional institutions, and for the provision current prescribed accounting system, and violence, sexual assault, and stalking; assist-
of technical assistance and advice on correc- such amounts shall be exclusive of deprecia- ance to children and youth exposed to such
tions related issues to foreign governments, tion, payment of claims, and expenditures violence; programs to engage men and youth
$8,392,588,000: Provided, That not less than which such accounting system requires to be in preventing such violence; and assistance
$409,483,000 shall be for the programs and ac- capitalized or charged to cost of commod- to middle and high school students through
tivities authorized by the First Step Act of ities acquired or produced, including selling education and other services related to such
2018 (Public Law 115–391), of which not less and shipping expenses, and expenses in con- violence, of which $3,500,000 is to engage men
than 2 percent shall be transferred to and nection with acquisition, construction, oper- and youth in preventing domestic violence,
merged with the appropriation for ‘‘Office of ation, maintenance, improvement, protec- dating violence, sexual assault, and stalking:
Justice Programs—Research, Evaluation and tion, or disposition of facilities and other Provided, That unobligated balances avail-
Statistics’’ for the National Institute of Jus- property belonging to the corporation or in able for the programs authorized by sections
tice to carry out evaluations of programs which it has an interest. 41201, 41204, 41303, and 41305 of the 1994 Act,
and activities related to the First Step Act STATE AND LOCAL LAW ENFORCEMENT prior to its amendment by the 2013 Act, shall
of 2018: Provided further, That the Attorney ACTIVITIES be available for this program: Provided fur-
General may transfer to the Department of ther, That 10 percent of the total amount
OFFICE ON VIOLENCE AGAINST WOMEN
Health and Human Services such amounts as available for this grant program shall be
VIOLENCE AGAINST WOMEN PREVENTION AND
may be necessary for direct expenditures by available for grants under the program au-
PROSECUTION PROGRAMS
that Department for medical relief for in- thorized by section 2015 of the 1968 Act: Pro-
(INCLUDING TRANSFER OF FUNDS) vided further, That the definitions and grant
mates of Federal penal and correctional in-
stitutions: Provided further, That the Direc- For grants, contracts, cooperative agree- conditions in section 40002 of the 1994 Act
tor of the Federal Prison System, where nec- ments, and other assistance for the preven- shall apply to this program;
essary, may enter into contracts with a fis- tion and prosecution of violence against (5) $60,500,000 is for grants to improve the
cal agent or fiscal intermediary claims proc- women, as authorized by the Omnibus Crime criminal justice response as authorized by
essor to determine the amounts payable to Control and Safe Streets Act of 1968 (34 part U of title I the 1968 Act, of which
persons who, on behalf of the Federal Prison U.S.C. 10101 et seq.) (‘‘the 1968 Act’’); title II $4,000,000 is for a homicide reduction initia-
System, furnish health services to individ- of the Civil Rights Act of 1968 (commonly tive; up to $4,000,000 is for a domestic vio-
uals committed to the custody of the Federal known as the ‘‘Indian Civil Rights Act of lence lethality reduction initiative; $8,000,000
Prison System: Provided further, That not to 1968’’) (Public Law 90–284) (‘‘the Indian Civil is for an initiative to promote effective po-
exceed $5,400 shall be available for official re- Rights Act’’); the Violent Crime Control and licing and prosecution responses to domestic
ception and representation expenses: Pro- Law Enforcement Act of 1994 (Public Law violence, dating violence, sexual assault, and
vided further, That not to exceed $50,000,000 103–322) (‘‘the 1994 Act’’); the Victims of stalking, including evaluation of the effec-
shall remain available until expended for Child Abuse Act of 1990 (Public Law 101–647) tiveness of funded interventions (‘‘Policing
necessary operations: Provided further, That, (‘‘the 1990 Act’’); the Prosecutorial Remedies and Prosecution Initiative’’); and $1,000,000 is
of the amounts provided for contract con- and Other Tools to end the Exploitation of for an initiative to enhance prosecution and
finement, not to exceed $20,000,000 shall re- Children Today Act of 2003 (Public Law 108– investigation of online abuse and harassment
main available until expended to make pay- 21); the Juvenile Justice and Delinquency (‘‘Prosecution and Investigation of Online
ments in advance for grants, contracts and Prevention Act of 1974 (34 U.S.C. 11101 et Abuse Initiative’’): Provided, That sub-
reimbursable agreements, and other ex- seq.) (‘‘the 1974 Act’’); the Victims of Traf- sections (c) and (d) of section 2101 of the 1968
penses: Provided further, That the Director of ficking and Violence Protection Act of 2000 Act shall not apply to the Policing and Pros-
the Federal Prison System may accept do- (Public Law 106–386) (‘‘the 2000 Act’’); the Vi- ecution Initiative or the Prosecution and In-
nated property and services relating to the olence Against Women and Department of vestigation of Online Abuse Initiative;
operation of the prison card program from a Justice Reauthorization Act of 2005 (Public (6) $78,500,000 is for sexual assault victims
not-for-profit entity which has operated such Law 109–162) (‘‘the 2005 Act’’); the Violence assistance, as authorized by section 41601 of
program in the past, notwithstanding the Against Women Reauthorization Act of 2013 the 1994 Act;
fact that such not-for-profit entity furnishes (Public Law 113–4) (‘‘the 2013 Act’’); the Jus- (7) $50,000,000 is for rural domestic violence
services under contracts to the Federal Pris- tice for Victims of Trafficking Act of 2015 and child abuse enforcement assistance
on System relating to the operation of pre- (Public Law 114–22) (‘‘the 2015 Act’’); and the grants, as authorized by section 40295 of the
release services, halfway houses, or other Abolish Human Trafficking Act (Public Law 1994 Act;
custodial facilities. 115–392); and the Violence Against Women (8) $25,000,000 is for grants to reduce violent
Act Reauthorization Act of 2022 (division W crimes against women on campus, as author-
BUILDINGS AND FACILITIES
of Public Law 117–103) (‘‘the 2022 Act’’); and ized by section 304 of the 2005 Act, of which
For planning, acquisition of sites, and con- for related victims services, $700,000,000, to $12,500,000 is for grants to Historically Black
struction of new facilities; purchase and ac- remain available until expended: Provided, Colleges and Universities, Hispanic-Serving
quisition of facilities and remodeling, and That except as otherwise provided by law, Institutions, and Tribal colleges and univer-
equipping of such facilities for penal and cor- not to exceed 5 percent of funds made avail- sities;
rectional use, including all necessary ex- able under this heading may be used for ex- (9) $55,000,000 is for legal assistance for vic-
penses incident thereto, by contract or force penses related to evaluation, training, and tims, as authorized by section 1201 of the 2000
account; and constructing, remodeling, and technical assistance: Provided further, That Act;
equipping necessary buildings and facilities of the amount provided— (10) $9,000,000 is for enhanced training and
at existing penal and correctional institu- (1) $255,000,000 is for grants to combat vio- services to end violence against and abuse of
tions, including all necessary expenses inci- lence against women, as authorized by part women in later life, as authorized by section
dent thereto, by contract or force account, T of the 1968 Act, and any applicable in- 40801 of the 1994 Act;
$108,000,000, to remain available until ex- creases for the amount of such grants, as au- (11) $22,000,000 is for grants to support fami-
pended: Provided, That labor of United States thorized by section 5903 of the James M. lies in the justice system, as authorized by
prisoners may be used for work performed Inhofe National Defense Authorization Act section 1301 of the 2000 Act: Provided, That
dlhill on DSK120RN23PROD with SENATE
under this appropriation. for Fiscal Year 2023: Provided, That $10,000,000 unobligated balances available for the pro-
FEDERAL PRISON INDUSTRIES, INCORPORATED shall be for any such increases under such grams authorized by section 1301 of the 2000
The Federal Prison Industries, Incor- section 5903, which shall apply to fiscal year Act and section 41002 of the 1994 Act, prior to
porated, is hereby authorized to make such 2023 grants funded by amounts provided in their amendment by the 2013 Act, shall be
expenditures within the limits of funds and this paragraph; available for this program;
borrowing authority available, and in accord (2) $50,000,000 is for transitional housing as- (12) $12,000,000 is for education and training
with the law, and to make such contracts sistance grants for victims of domestic vio- to end violence against and abuse of women
VerDate Sep 11 2014 09:36 Dec 20, 2022 Jkt 039060 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\CR\FM\A19DE6.018 S19DEPT1
December 19, 2022 CONGRESSIONAL RECORD — SENATE S7349
with disabilities, as authorized by section 21) (‘‘the PROTECT Act’’); the Justice for All Property Act of 2008 (Public Law 110–403); the
1402 of the 2000 Act; Act of 2004 (Public Law 108–405); the Violence Victims of Crime Act of 1984 (Public Law 98–
(13) $1,000,000 is for the National Resource Against Women and Department of Justice 473); the Mentally Ill Offender Treatment
Center on Workplace Responses to assist vic- Reauthorization Act of 2005 (Public Law 109– and Crime Reduction Reauthorization and
tims of domestic violence, as authorized by 162) (‘‘the 2005 Act’’); the Victims of Child Improvement Act of 2008 (Public Law 110–
section 41501 of the 1994 Act; Abuse Act of 1990 (Public Law 101–647); the 416); the Violence Against Women Reauthor-
(14) $1,000,000 is for analysis and research Second Chance Act of 2007 (Public Law 110– ization Act of 2013 (Public Law 113–4) (‘‘the
on violence against Indian women, including 199); the Victims of Crime Act of 1984 (Public 2013 Act’’); the Comprehensive Addiction and
as authorized by section 904 of the 2005 Act: Law 98–473); the Adam Walsh Child Protec- Recovery Act of 2016 (Public Law 114–198)
Provided, That such funds may be transferred tion and Safety Act of 2006 (Public Law 109– (‘‘CARA’’); the Justice for All Reauthoriza-
to ‘‘Research, Evaluation and Statistics’’ for 248) (‘‘the Adam Walsh Act’’); the PROTECT tion Act of 2016 (Public Law 114–324); Kevin
administration by the Office of Justice Pro- Our Children Act of 2008 (Public Law 110–401); and Avonte’s Law (division Q of Public Law
grams; subtitle C of title II of the Homeland Secu- 115–141) (‘‘Kevin and Avonte’s Law’’); the
(15) $500,000 is for a national clearinghouse rity Act of 2002 (Public Law 107–296) (‘‘the Keep Young Athletes Safe Act of 2018 (title
that provides training and technical assist- 2002 Act’’); the Prison Rape Elimination Act III of division S of Public Law 115–141) (‘‘the
ance on issues relating to sexual assault of of 2003 (Public Law 108–79) (‘‘PREA’’); the Keep Young Athletes Safe Act’’); the STOP
American Indian and Alaska Native women; NICS Improvement Amendments Act of 2007 School Violence Act of 2018 (title V of divi-
(16) $11,000,000 is for programs to assist (Public Law 110–180); the Violence Against sion S of Public Law 115–141) (‘‘the STOP
Tribal Governments in exercising special Women Reauthorization Act of 2013 (Public School Violence Act’’); the Fix NICS Act of
Tribal criminal jurisdiction, as authorized Law 113–4) (‘‘the 2013 Act’’); the Comprehen-
2018 (title VI of division S of Public Law 115–
by section 204 of the Indian Civil Rights Act: sive Addiction and Recovery Act of 2016
141); the Project Safe Neighborhoods Grant
Provided, That the grant conditions in sec- (Public Law 114–198); the First Step Act of
Program Authorization Act of 2018 (Public
tion 40002(b) of the 1994 Act shall apply to 2018 (Public Law 115–391); and other pro-
Law 115–185); the SUPPORT for Patients and
grants made; grams, $77,000,000, to remain available until
Communities Act (Public Law 115–271); the
(17) $2,500,000 is for the purposes authorized expended, of which—
Second Chance Reauthorization Act of 2018
under the 2015 Act; (1) $42,000,000 is for criminal justice statis-
(Public Law 115–391); the Matthew Shepard
(18) $15,000,000 is for a grant program to tics programs, and other activities, as au-
and James Byrd, Jr. Hate Crimes Prevention
support restorative justice responses to do- thorized by part C of title I of the 1968 Act;
Act (Public Law 111–84); the Ashanti Alert
mestic violence, dating violence, sexual as- and
Act of 2018 (Public Law 115–401); the Missing
sault, and stalking, including evaluations of (2) $35,000,000 is for research, development,
Persons and Unidentified Remains Act of
those responses: Provided, That the defini- and evaluation programs, and other activi-
2019 (Public Law 116–277); the Jabara-Heyer
tions and grant conditions in section 109 of ties as authorized by part B of title I of the
NO HATE Act (34 U.S.C. 30507); the Violence
the 2022 Act, shall apply to this program; 1968 Act and subtitle C of title II of the 2002
Against Women Act Reauthorization Act of
(19) $11,000,000 is for culturally specific Act, and for activities authorized by or con-
2022 (division W of Public Law 117–103 (‘‘the
services for victims, as authorized by section sistent with the First Step Act of 2018, of
2022 Act’’); and other programs, $2,416,805,000,
121 of the 2005 Act; which $7,500,000 is for research targeted to-
to remain available until expended as fol-
(20) $3,000,000 is for an initiative to support ward developing a better understanding of
lows—
cross-designation of tribal prosecutors as the domestic radicalization phenomenon,
(1) $770,805,000 for the Edward Byrne Memo-
Tribal Special Assistant United States At- and advancing evidence-based strategies for
rial Justice Assistance Grant program as au-
torneys: Provided, That the definitions and effective intervention and prevention;
thorized by subpart 1 of part E of title I of
grant conditions in section 40002 of the 1994 $1,000,000 is for research to study the root
the 1968 Act (except that section 1001(c), and
Act shall apply to this initiative; causes of school violence to include the im-
the special rules for Puerto Rico under sec-
(21) $1,000,000 is for an initiative to support pact and effectiveness of grants made under
tion 505(g), of title I of the 1968 Act shall not
victims of domestic violence, dating vio- the STOP School Violence Act of 2018 (title
apply for purposes of this Act), of which, not-
lence, sexual assault, and stalking, including V of division S of Public Law 115–141);
withstanding such subpart 1—
through the provision of technical assist- $1,000,000 is for research on violence against
(A) $13,000,000 is for an Officer Robert Wil-
ance, as authorized by section 206 of the 2022 American Indians and Alaska Natives or oth-
son III memorial initiative on Preventing
Act: Provided, That the definitions and grant erwise affecting indigenous communities, in
Violence Against Law Enforcement and En-
conditions in section 40002 of the 1994 Act connection with extractive industry activi-
suring Officer Resilience and Survivability
shall apply to this initiative; ties; $1,000,000 is for research on gun violence
(VALOR);
(22) $2,000,000 is for a National Deaf Serv- prevention; $1,000,000 is for surveys on the
(B) $3,500,000 is for the operation, mainte-
ices Line to provide remote services to Deaf campus sexual assault climate; $1,200,000 is
nance, and expansion of the National Missing
victims of domestic violence, dating vio- for a study on certain school-based crimes;
and Unidentified Persons System;
lence, sexual assault, and stalking: Provided, and $1,000,000 is for a study on law enforce-
(C) $10,000,000 is for a grant program for
That the definitions and grant conditions in ment and community agency responses to
State and local law enforcement to provide
section 40002 of the 1994 Act shall apply to opioid overdoses.
officer training on responding to individuals
this service line; STATE AND LOCAL LAW ENFORCEMENT with mental illness or disabilities;
(23) $5,000,000 is for grants for outreach and ASSISTANCE (D) $5,000,000 is for a student loan repay-
services to underserved populations, as au- (INCLUDING TRANSFER OF FUNDS) ment assistance program pursuant to section
thorized by section 120 of the 2005 Act; For grants, contracts, cooperative agree- 952 of Public Law 110–315;
(24) $4,000,000 is for an initiative to provide ments, and other assistance authorized by (E) $15,500,000 is for prison rape prevention
financial assistance to victims, including the Violent Crime Control and Law Enforce- and prosecution grants to States and units of
evaluation of the effectiveness of funded ment Act of 1994 (Public Law 103–322) (‘‘the local government, and other programs, as
projects: Provided, That the definitions and 1994 Act’’); the Omnibus Crime Control and authorized by PREA;
grant conditions in section 40002 of the 1994 Safe Streets Act of 1968 (Public Law 90–351) (F) $3,000,000 is for the Missing Americans
Act shall apply to this initiative; (‘‘the 1968 Act’’); the Justice for All Act of Alert Program (title XXIV of the 1994 Act),
(25) $5,000,000 is for trauma-informed, vic- 2004 (Public Law 108–405); the Victims of as amended by Kevin and Avonte’s Law;
tim-centered training for law enforcement, Child Abuse Act of 1990 (Public Law 101–647) (G) $20,000,000 is for grants authorized
and related research and evaluation activi- (‘‘the 1990 Act’’); the Trafficking Victims under the Project Safe Neighborhoods Grant
ties, as authorized by section 41701 of the 1994 Protection Reauthorization Act of 2005 (Pub- Authorization Act of 2018 (Public Law 115–
Act; and lic Law 109–164) (‘‘the TVPRA of 2005’’); the 185);
(26) $1,500,000 is for a pilot program to im- Violence Against Women and Department of (H) $13,000,000 is for the Capital Litigation
prove victim services on college campuses. Justice Reauthorization Act of 2005 (Public Improvement Grant Program, as authorized
OFFICE OF JUSTICE PROGRAMS Law 109–162) (‘‘the 2005 Act’’); the Adam by section 426 of Public Law 108–405, and for
RESEARCH, EVALUATION AND STATISTICS Walsh Child Protection and Safety Act of grants for wrongful conviction review;
For grants, contracts, cooperative agree- 2006 (Public Law 109–248) (‘‘the Adam Walsh (I) $3,000,000 is for a national center on re-
ments, and other assistance authorized by Act’’); the Victims of Trafficking and Vio- storative justice;
title I of the Omnibus Crime Control and lence Protection Act of 2000 (Public Law 106– (J) $1,000,000 is for the purposes of the
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 386) (‘‘the Victims of Trafficking Act’’); the Ashanti Alert Communications Network as
Violent Crime Control and Law Enforcement NICS Improvement Amendments Act of 2007 authorized under the Ashanti Alert Act of
dlhill on DSK120RN23PROD with SENATE
Act of 1994 (Public Law 103–322) (‘‘the 1994 (Public Law 110–180); subtitle C of title II of 2018 (Public Law 115–401);
Act’’); the Juvenile Justice and Delinquency the Homeland Security Act of 2002 (Public (K) $3,500,000 is for a grant program to rep-
Prevention Act of 1974 (‘‘the 1974 Act’’); the Law 107–296) (‘‘the 2002 Act’’); the Prison licate and support family-based alternative
Missing Children’s Assistance Act (34 U.S.C. Rape Elimination Act of 2003 (Public Law sentencing programs;
11291 et seq.); the Prosecutorial Remedies 108–79) (‘‘PREA’’); the Second Chance Act of (L) $2,000,000 is for a grant program to sup-
and Other Tools to end the Exploitation of 2007 (Public Law 110–199); the Prioritizing port child advocacy training in post-sec-
Children Today Act of 2003 (Public Law 108– Resources and Organization for Intellectual ondary education;
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S7350 CONGRESSIONAL RECORD — SENATE December 19, 2022
(M) $8,000,000 is for a rural violent crime cent of funds made available under this para- (16) $2,500,000 for a competitive grant pro-
initiative, including assistance for law en- graph may be used for the purposes described gram authorized by the Keep Young Athletes
forcement; in the DNA Training and Education for Law Safe Act;
(N) $6,000,000 is for grants authorized under Enforcement, Correctional Personnel, and (17) $82,000,000 for grants to be adminis-
the Missing Persons and Unidentified Re- Court Officers program (Public Law 108–405, tered by the Bureau of Justice Assistance for
mains Act of 2019 (Public Law 116–277); section 303); purposes authorized under the STOP School
(O) $4,000,000 is for a drug data research (B) $20,000,000 for other local, State, and Violence Act;
center to combat opioid abuse; Federal forensic activities; (18) $3,500,000 for grants to State and local
(P) $1,500,000 is for grants to accredited in- (C) $15,000,000 is for the purposes described law enforcement agencies for the expenses
stitutions of higher education to support fo- in the Kirk Bloodsworth Post-Conviction associated with the investigation and pros-
rensic ballistics programs; DNA Testing Grant Program (Public Law ecution of criminal offenses involving civil
(Q) $229,551,000 is for discretionary grants 108–405, section 412); and rights, authorized by the Emmett Till Un-
to improve the functioning of the criminal (D) $5,000,000 is for Sexual Assault Forensic solved Civil Rights Crimes Reauthorization
justice system, to prevent or combat juve- Exam Program grants, including as author- Act of 2016 (Public Law 114–325);
nile delinquency, and to assist victims of ized by section 304 of Public Law 108–405; (19) $25,000,000 for grants to State, local,
crime (other than compensation), which (11) $55,000,000 for community-based grant and Tribal law enforcement agencies to con-
shall be used for the projects, and in the programs to improve the response to sexual duct educational outreach and training on
amounts, specified under the heading, assault, including assistance for investiga- hate crimes and to investigate and prosecute
‘‘Byrne Discretionary Community Project hate crimes, as authorized by section 4704 of
tion and prosecution of related cold cases;
Grants/Byrne Discretionary Grants’’, in the the Matthew Shepard and James Byrd, Jr.
(12) $15,000,000 for the court-appointed spe-
explanatory statement described in section 4 Hate Crimes Prevention Act (Public Law 111–
cial advocate program, as authorized by sec-
(in the matter preceding division A of this 84);
tion 217 of the 1990 Act;
consolidated Act): Provided, That such (20) $10,000,000 for grants to support com-
(13) $60,000,000 for assistance to Indian
amounts may not be transferred for any munity-based approaches to advancing jus-
Tribes;
other purpose; tice and reconciliation, facilitating dialogue
(R) $5,000,000 is for the purposes authorized (14) $125,000,000 for offender reentry pro-
grams and research, as authorized by the between all parties, building local capacity,
under section 1506 of the 2022 Act; de-escalating community tensions, and pre-
(S) $5,000,000 is for a program to improve Second Chance Act of 2007 (Public Law 110–
199) and by the Second Chance Reauthoriza- venting hate crimes through conflict resolu-
virtual training for law enforcement; and tion and community empowerment and edu-
(T) $7,000,000 is for programs for tion Act of 2018 (Public Law 115–391), without
regard to the time limitations specified at cation;
cybercrime enforcement, as authorized by (21) $10,000,000 for programs authorized
sections 1401 and 1402 of the 2022 Act; section 6(1) of such Act, of which not to ex-
ceed— under the Jabara-Heyer NO HATE Act (34
(2) $234,000,000 for the State Criminal Alien U.S.C. 30507); and
Assistance Program, as authorized by sec- (A) $8,000,000 is for a program to improve
State, local, and Tribal probation or parole (22) $120,000,000 for initiatives to improve
tion 241(I)(5) of the Immigration and Nation- police-community relations, of which
ality Act (8 U.S.C. 1231(I)(5)): Provided, That supervision efforts and strategies;
(B) $5,000,000 is for children of incarcerated $35,000,000 is for a competitive matching
no jurisdiction shall request compensation
parents demonstration programs to enhance grant program for purchases of body-worn
for any cost greater than the actual cost for
and maintain parental and family relation- cameras for State, local, and Tribal law en-
Federal immigration and other detainees
ships for incarcerated parents as a reentry or forcement; $35,000,000 is for a justice rein-
housed in State and local detention facili-
recidivism reduction strategy; vestment initiative, for activities related to
ties;
(C) $5,000,000 is for additional replication criminal justice reform and recidivism re-
(3) $95,000,000 for victim services programs
sites employing the Project HOPE Oppor- duction; and $50,000,000 is for a community
for victims of trafficking, as authorized by
tunity Probation with Enforcement model violence intervention and prevention initia-
section 107(b)(2) of the Victims of Trafficking
implementing swift and certain sanctions in tive:
Act, by the TVPRA of 2005, or programs au-
probation, of which no less than $500,000 shall Provided, That, if a unit of local government
thorized under Public Law 113–4;
be used for a project that provides training, uses any of the funds made available under
(4) $13,000,000 for a grant program to pre-
technical assistance, and best practices; and this heading to increase the number of law
vent and address economic, high technology,
(D) $10,000,000 is for a grant program for enforcement officers, the unit of local gov-
white collar, and Internet crime, including
crisis stabilization and community reentry, ernment will achieve a net gain in the num-
as authorized by section 401 of Public Law
as authorized by the Crisis Stabilization and ber of law enforcement officers who perform
110–403, of which not less than $2,500,000 is for
Community Reentry Act of 2020 (Public Law non-administrative public sector safety serv-
intellectual property enforcement grants in-
116–281): ice: Provided further, That in the spending
cluding as authorized by section 401, and
$2,000,000 is for grants to develop databases Provided, That up to $7,500,000 of funds made plan submitted pursuant to section 528 of
on Internet of Things device capabilities and available in this paragraph may be used for this Act, the Office of Justice Programs shall
to build and execute training modules for performance-based awards for Pay for Suc- specifically and explicitly identify all
law enforcement; cess projects, of which up to $5,000,000 shall changes in the administration of competitive
(5) $20,000,000 for sex offender management be for Pay for Success programs imple- grant programs for fiscal year 2023, including
assistance, as authorized by the Adam Walsh menting the Permanent Supportive Housing changes to applicant eligibility, priority
Act, and related activities; Model and reentry housing; areas or weightings, and the application re-
(6) $30,000,000 for the Patrick Leahy Bullet- (15) $445,000,000 for comprehensive opioid view process.
proof Vest Partnership Grant Program, as use reduction activities, including as author- JUVENILE JUSTICE PROGRAMS
authorized by section 2501 of title I of the ized by CARA, and for the following pro- For grants, contracts, cooperative agree-
1968 Act: Provided, That $1,500,000 shall be grams, which shall address opioid, stimulant, ments, and other assistance authorized by
transferred directly to the National Institute and substance use disorders consistent with the Juvenile Justice and Delinquency Pre-
of Standards and Technology’s Office of Law underlying program authorities, of which— vention Act of 1974 (‘‘the 1974 Act’’); the Om-
Enforcement Standards for research, testing, (A) $95,000,000 is for Drug Courts, as au- nibus Crime Control and Safe Streets Act of
and evaluation programs; thorized by section 1001(a)(25)(A) of title I of 1968 (‘‘the 1968 Act’’); the Violence Against
(7) $1,000,000 for the National Sex Offender the 1968 Act; Women and Department of Justice Reauthor-
Public Website; (B) $45,000,000 is for mental health courts ization Act of 2005 (Public Law 109–162) (‘‘the
(8) $95,000,000 for grants to States to up- and adult and juvenile collaboration pro- 2005 Act’’); the Missing Children’s Assistance
grade criminal and mental health records for gram grants, as authorized by parts V and Act (34 U.S.C. 11291 et seq.); the PROTECT
the National Instant Criminal Background HH of title I of the 1968 Act, and the Men- Act (Public Law 108–21); the Victims of Child
Check System, of which no less than tally Ill Offender Treatment and Crime Re- Abuse Act of 1990 (Public Law 101–647) (‘‘the
$25,000,000 shall be for grants made under the duction Reauthorization and Improvement 1990 Act’’); the Adam Walsh Child Protection
authorities of the NICS Improvement Act of 2008 (Public Law 110–416); and Safety Act of 2006 (Public Law 109–248)
Amendments Act of 2007 (Public Law 110–180) (C) $45,000,000 is for grants for Residential (‘‘the Adam Walsh Act’’); the PROTECT Our
and Fix NICS Act of 2018; Substance Abuse Treatment for State Pris- Children Act of 2008 (Public Law 110–401); the
(9) $35,000,000 for Paul Coverdell Forensic oners, as authorized by part S of title I of the Violence Against Women Reauthorization
Sciences Improvement Grants under part BB 1968 Act; Act of 2013 (Public Law 113–4) (‘‘the 2013
of title I of the 1968 Act; (D) $35,000,000 is for a veterans treatment Act’’); the Justice for All Reauthorization
dlhill on DSK120RN23PROD with SENATE
(10) $170,000,000 for DNA-related and foren- courts program; Act of 2016 (Public Law 114–324); the Missing
sic programs and activities, of which— (E) $35,000,000 is for a program to monitor Children’s Assistance Act of 2018 (Public Law
(A) $130,000,000 is for the purposes author- prescription drugs and scheduled listed 115–267); the Juvenile Justice Reform Act of
ized under section 2 of the DNA Analysis chemical products; and 2018 (Public Law 115–385); the Victims of
Backlog Elimination Act of 2000 (Public Law (F) $190,000,000 is for a comprehensive Crime Act of 1984 (chapter XIV of title II of
106–546) (the Debbie Smith DNA Backlog opioid, stimulant, and substance use disorder Public Law 98–473) (‘‘the 1984 Act’’); the Com-
Grant Program): Provided, That up to 4 per- program; prehensive Addiction and Recovery Act of
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7351
2016 (Public Law 114–198); and other juvenile able for obligation or expenditure except in lawful distribution of prescription opioids, or
justice programs, $400,000,000, to remain compliance with the procedures set forth in unlawful heroin and prescription opioid traf-
available until expended as follows— that section. fickers through statewide collaboration;
(1) $75,000,000 for programs authorized by COMMUNITY ORIENTED POLICING SERVICES (5) $53,000,000 is for competitive grants to
section 221 of the 1974 Act, and for training COMMUNITY ORIENTED POLICING SERVICES be administered by the Community Oriented
and technical assistance to assist small, non- PROGRAMS Policing Services Office for purposes author-
profit organizations with the Federal grants (INCLUDING TRANSFER OF FUNDS)
ized under the STOP School Violence Act
process: Provided, That of the amounts pro- (title V of division S of Public Law 115–141);
vided under this paragraph, $500,000 shall be For activities authorized by the Violent
(6) $45,000,000 is for community policing de-
Crime Control and Law Enforcement Act of
for a competitive demonstration grant pro- velopment activities in furtherance of sec-
1994 (Public Law 103–322); the Omnibus Crime
gram to support emergency planning among tion 1701 of title I of the 1968 Act (34 U.S.C.
Control and Safe Streets Act of 1968 (‘‘the
State, local, and Tribal juvenile justice resi- 10381); and
1968 Act’’); the Violence Against Women and
dential facilities; (7) $177,880,000 is for a law enforcement
Department of Justice Reauthorization Act
(2) $107,000,000 for youth mentoring grants; technologies and interoperable communica-
of 2005 (Public Law 109–162) (‘‘the 2005 Act’’);
(3) $65,000,000 for delinquency prevention, the American Law Enforcement Heroes Act tions program, and related law enforcement
of which, pursuant to sections 261 and 262 of of 2017 (Public Law 115–37); the Law Enforce- and public safety equipment, which shall be
the 1974 Act— ment Mental Health and Wellness Act (Pub- used for the projects, and in the amounts,
(A) $5,000,000 shall be for grants to prevent lic Law 115–113) (‘‘the LEMHW Act’’); the specified under the heading, ‘‘Community
trafficking of girls; SUPPORT for Patients and Communities Oriented Policing Services, Technology and
(B) $17,000,000 shall be for the Tribal Youth Act (Public Law 115–271); and the Supporting Equipment Community Projects/ COPS Law
Program; and Treating Officers In Crisis Act of 2019 Enforcement Technology and Equipment’’,
(C) $500,000 shall be for an Internet site (Public Law 116–32) (‘‘the STOIC Act’’), in the explanatory statement described in
providing information and resources on chil- $662,880,000, to remain available until ex- section 4 (in the matter preceding division A
dren of incarcerated parents; pended: Provided, That any balances made of this consolidated Act): Provided, That such
(D) $5,500,000 shall be for competitive available through prior year deobligations amounts may not be transferred for any
grants focusing on girls in the juvenile jus- shall only be available in accordance with other purpose: Provided further, That grants
tice system; section 505 of this Act: Provided further, That funded by such amounts shall not be subject
(E) $12,500,000 shall be for an initiative re- of the amount provided under this heading— to section 1703 of title I of the 1968 Act (34
lating to youth affected by opioids, stimu- (1) $324,000,000 is for grants under section U.S.C. 10383).
lants, and substance use disorder; 1701 of title I of the 1968 Act (34 U.S.C. 10381) GENERAL PROVISIONS—DEPARTMENT OF
(F) $10,000,000 shall be for an initiative re- for the hiring and rehiring of additional ca- JUSTICE
lating to children exposed to violence; and reer law enforcement officers under part Q of (INCLUDING TRANSFER OF FUNDS)
(G) $2,000,000 shall be for grants to protect such title notwithstanding subsection (i) of SEC. 201. In addition to amounts otherwise
vulnerable and at-risk youth; such section: Provided, That, notwith- made available in this title for official recep-
(4) $41,000,000 for programs authorized by standing section 1704(c) of such title (34 tion and representation expenses, a total of
the Victims of Child Abuse Act of 1990; U.S.C. 10384(c)), funding for hiring or rehir- not to exceed $50,000 from funds appropriated
(5) $105,000,000 for missing and exploited ing a career law enforcement officer may not to the Department of Justice in this title
children programs, including as authorized exceed $125,000 unless the Director of the Of- shall be available to the Attorney General
by sections 404(b) and 405(a) of the 1974 Act fice of Community Oriented Policing Serv- for official reception and representation ex-
(except that section 102(b)(4)(B) of the PRO- ices grants a waiver from this limitation: penses.
TECT Our Children Act of 2008 (Public Law Provided further, That of the amounts appro- SEC. 202. None of the funds appropriated by
110–401) shall not apply for purposes of this priated under this paragraph, $34,000,000 is this title shall be available to pay for an
Act); for improving Tribal law enforcement, in- abortion, except where the life of the mother
(6) $4,500,000 for child abuse training pro- cluding hiring, equipment, training, anti- would be endangered if the fetus were carried
grams for judicial personnel and practi- methamphetamine activities, and anti- to term, or in the case of rape or incest: Pro-
tioners, as authorized by section 222 of the opioid activities: Provided further, That of vided, That should this prohibition be de-
1990 Act; and the amounts appropriated under this para- clared unconstitutional by a court of com-
(7) $2,500,000 for a program to improve juve- graph, $44,000,000 is for regional information petent jurisdiction, this section shall be null
nile indigent defense: sharing activities, as authorized by part M of and void.
Provided, That not more than 10 percent of title I of the 1968 Act, which shall be trans- SEC. 203. None of the funds appropriated
each amount may be used for research, eval- ferred to and merged with ‘‘Research, Eval- under this title shall be used to require any
uation, and statistics activities designed to uation, and Statistics’’ for administration by person to perform, or facilitate in any way
benefit the programs or activities author- the Office of Justice Programs: Provided fur- the performance of, any abortion.
ized: Provided further, That not more than 2 SEC. 204. Nothing in the preceding section
ther, That of the amounts appropriated under
percent of the amounts designated under shall remove the obligation of the Director
this paragraph, no less than $4,000,000 is to
paragraphs (1) through (3) and (6) may be of the Bureau of Prisons to provide escort
support the Tribal Access Program: Provided
used for training and technical assistance: services necessary for a female inmate to re-
further, That of the amounts appropriated
Provided further, That the two preceding pro- ceive such service outside the Federal facil-
under this paragraph, $10,000,000 is for train-
visos shall not apply to grants and projects ity: Provided, That nothing in this section in
ing, peer mentoring, mental health program
administered pursuant to sections 261 and 262 any way diminishes the effect of section 203
activities, and other support services as au- intended to address the philosophical beliefs
of the 1974 Act and to missing and exploited
thorized under the LEMHW Act and the of individual employees of the Bureau of
children programs.
STOIC Act: Provided further, That of the Prisons.
PUBLIC SAFETY OFFICER BENEFITS amounts appropriated under this paragraph, SEC. 205. Not to exceed 5 percent of any ap-
(INCLUDING TRANSFER OF FUNDS) $7,500,000 is for the collaborative reform propriation made available for the current
For payments and expenses authorized model of technical assistance in furtherance fiscal year for the Department of Justice in
under section 1001(a)(4) of title I of the Omni- of section 1701 of title I of the 1968 Act (34 this Act may be transferred between such ap-
bus Crime Control and Safe Streets Act of U.S.C. 10381); propriations, but no such appropriation, ex-
1968, such sums as are necessary (including (2) $12,000,000 is for activities authorized by cept as otherwise specifically provided, shall
amounts for administrative costs), to remain the POLICE Act of 2016 (Public Law 114–199); be increased by more than 10 percent by any
available until expended; and $34,800,000 for (3) $16,000,000 is for competitive grants to such transfers: Provided, That any transfer
payments authorized by section 1201(b) of State law enforcement agencies in States pursuant to this section shall be treated as a
such Act and for educational assistance au- with high seizures of precursor chemicals, reprogramming of funds under section 505 of
thorized by section 1218 of such Act, to re- finished methamphetamine, laboratories, this Act and shall not be available for obliga-
main available until expended: Provided, and laboratory dump seizures: Provided, That tion except in compliance with the proce-
That notwithstanding section 205 of this Act, funds appropriated under this paragraph dures set forth in that section: Provided fur-
upon a determination by the Attorney Gen- shall be utilized for investigative purposes to ther, That this section shall not apply to the
eral that emergent circumstances require locate or investigate illicit activities, in- following—
additional funding for such disability and cluding precursor diversion, laboratories, or (1) paragraph 1(Q) under the heading
education payments, the Attorney General methamphetamine traffickers; ‘‘State and Local Law Enforcement Assist-
may transfer such amounts to ‘‘Public Safe- (4) $35,000,000 is for competitive grants to ance’’; and
dlhill on DSK120RN23PROD with SENATE
ty Officer Benefits’’ from available appro- statewide law enforcement agencies in (2) paragraph (7) under the heading ‘‘Com-
priations for the Department of Justice as States with high rates of primary treatment munity Oriented Policing Services Pro-
may be necessary to respond to such cir- admissions for heroin and other opioids: Pro- grams’’.
cumstances: Provided further, That any vided, That these funds shall be utilized for SEC. 206. None of the funds made available
transfer pursuant to the preceding proviso investigative purposes to locate or inves- under this title may be used by the Federal
shall be treated as a reprogramming under tigate illicit activities, including activities Bureau of Prisons or the United States Mar-
section 505 of this Act and shall not be avail- related to the distribution of heroin or un- shals Service for the purpose of transporting
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S7352 CONGRESSIONAL RECORD — SENATE December 19, 2022
an individual who is a prisoner pursuant to This section shall not apply to paragraph SEC. 219. Section 3201 of Public Law 101–647,
conviction for crime under State or Federal 1(Q) under the heading ‘‘State and Local Law as amended (28 U.S.C. 509 note), is hereby
law and is classified as a maximum or high Enforcement Assistance’’. amended: (1) by striking ‘‘or the Immigra-
security prisoner, other than to a prison or SEC. 213. Upon request by a grantee for tion and Naturalization Service’’ and insert-
other facility certified by the Federal Bu- whom the Attorney General has determined ing ‘‘the Federal Prison System, the Bureau
reau of Prisons as appropriately secure for there is a fiscal hardship, the Attorney Gen- of Alcohol, Tobacco, Firearms and Explo-
housing such a prisoner. eral may, with respect to funds appropriated sives, or the United States Marshals Serv-
SEC. 207. (a) None of the funds appropriated in this or any other Act making appropria- ice’’; and (2) by striking ‘‘$25,000’’ and insert-
by this Act may be used by Federal prisons tions for fiscal years 2020 through 2023 for the ing ‘‘$50,000’’.
to purchase cable television services, or to following programs, waive the following re- SEC. 220. None of the funds made available
rent or purchase audiovisual or electronic quirements: under this Act may be used to conduct, con-
media or equipment used primarily for rec- (1) For the adult and juvenile offender tract for, or otherwise support, live tissue
reational purposes. State and local reentry demonstration training, unless the Attorney General issues
(b) Subsection (a) does not preclude the projects under part FF of title I of the Omni- a written, non-delegable determination that
rental, maintenance, or purchase of audio- bus Crime Control and Safe Streets Act of such training is medically necessary and
visual or electronic media or equipment for 1968 (34 U.S.C. 10631 et seq.), the require- cannot be replicated by alternatives.
inmate training, religious, or educational ments under section 2976(g)(1) of such part SEC. 221. (a) DESIGNATION.—The facilities of
programs. (34 U.S.C. 10631(g)(1)). the Federal Bureau of Investigation at Red-
SEC. 208. None of the funds made available (2) For grants to protect inmates and safe- stone Arsenal, Alabama, shall be known and
under this title shall be obligated or ex- guard communities as authorized by section designated as the ‘‘Richard Shelby Center for
pended for any new or enhanced information 6 of the Prison Rape Elimination Act of 2003 Innovation and Advanced Training’’.
technology program having total estimated (34 U.S.C. 30305(c)(3)), the requirements of (b) REFERENCES.—Any reference in a law,
development costs in excess of $100,000,000, section 6(c)(3) of such Act. map, regulation, document, paper, or other
SEC. 214. Notwithstanding any other provi- record of the United States to the facilities
unless the Deputy Attorney General and the
sion of law, section 20109(a) of subtitle A of of the Federal Bureau of Investigation at
investment review board certify to the Com-
title II of the Violent Crime Control and Law Redstone Arsenal referred to in subsection
mittees on Appropriations of the House of Enforcement Act of 1994 (34 U.S.C. 12109(a))
Representatives and the Senate that the in- (a) shall be deemed to be a reference to the
shall not apply to amounts made available ‘‘Richard Shelby Center for Innovation and
formation technology program has appro- by this or any other Act.
priate program management controls and Advanced Training’’.
SEC. 215. None of the funds made available This title may be cited as the ‘‘Department
contractor oversight mechanisms in place, under this Act, other than for the national of Justice Appropriations Act, 2023’’.
and that the program is compatible with the instant criminal background check system
enterprise architecture of the Department of TITLE III
established under section 103 of the Brady
Justice. SCIENCE
Handgun Violence Prevention Act (34 U.S.C.
SEC. 209. The notification thresholds and 40901), may be used by a Federal law enforce- OFFICE OF SCIENCE AND TECHNOLOGY POLICY
procedures set forth in section 505 of this Act ment officer to facilitate the transfer of an For necessary expenses of the Office of
shall apply to deviations from the amounts operable firearm to an individual if the Fed- Science and Technology Policy, in carrying
designated for specific activities in this Act eral law enforcement officer knows or sus- out the purposes of the National Science and
and in the explanatory statement described pects that the individual is an agent of a Technology Policy, Organization, and Prior-
in section 4 (in the matter preceding division drug cartel, unless law enforcement per- ities Act of 1976 (42 U.S.C. 6601 et seq.), hire
A of this consolidated Act), and to any use of sonnel of the United States continuously of passenger motor vehicles, and services as
deobligated balances of funds provided under monitor or control the firearm at all times. authorized by section 3109 of title 5, United
this title in previous years. SEC. 216. (a) None of the income retained in States Code, not to exceed $2,250 for official
SEC. 210. None of the funds appropriated by the Department of Justice Working Capital reception and representation expenses, and
this Act may be used to plan for, begin, con- Fund pursuant to title I of Public Law 102– rental of conference rooms in the District of
tinue, finish, process, or approve a public- 140 (105 Stat. 784; 28 U.S.C. 527 note) shall be Columbia, $7,965,000.
private competition under the Office of Man- available for obligation during fiscal year NATIONAL SPACE COUNCIL
agement and Budget Circular A–76 or any 2023, except up to $12,000,000 may be obli- For necessary expenses of the National
successor administrative regulation, direc- gated for implementation of a unified De- Space Council, in carrying out the purposes
tive, or policy for work performed by em- partment of Justice financial management of title V of Public Law 100–685 and Execu-
ployees of the Bureau of Prisons or of Fed- system. tive Order No. 13803, hire of passenger motor
eral Prison Industries, Incorporated. (b) Not to exceed $30,000,000 of the unobli-
vehicles, and services as authorized by sec-
SEC. 211. Notwithstanding any other provi- gated balances transferred to the capital ac-
tion 3109 of title 5, United States Code, not
sion of law, no funds shall be available for count of the Department of Justice Working
to exceed $2,250 for official reception and rep-
the salary, benefits, or expenses of any Capital Fund pursuant to title I of Public
Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) resentation expenses, $1,965,000: Provided,
United States Attorney assigned dual or ad- That notwithstanding any other provision of
ditional responsibilities by the Attorney shall be available for obligation in fiscal
year 2023, and any use, obligation, transfer, law, the National Space Council may accept
General or his designee that exempt that personnel support from Federal agencies, de-
United States Attorney from the residency or allocation of such funds shall be treated
as a reprogramming of funds under section partments, and offices, and such Federal
requirements of section 545 of title 28, United agencies, departments, and offices may de-
States Code. 505 of this Act.
(c) Not to exceed $10,000,000 of the excess tail staff without reimbursement to the Na-
SEC. 212. At the discretion of the Attorney tional Space Council for purposes provided
unobligated balances available under section
General, and in addition to any amounts herein.
524(c)(8)(E) of title 28, United States Code,
that otherwise may be available (or author- NATIONAL AERONAUTICS AND SPACE
shall be available for obligation during fiscal
ized to be made available) by law, with re- ADMINISTRATION
year 2023, and any use, obligation, transfer or
spect to funds appropriated by this title
allocation of such funds shall be treated as a SCIENCE
under the headings ‘‘Research, Evaluation
reprogramming of funds under section 505 of For necessary expenses, not otherwise pro-
and Statistics’’, ‘‘State and Local Law En- this Act.
forcement Assistance’’, and ‘‘Juvenile Jus- vided for, in the conduct and support of
SEC. 217. Discretionary funds that are made science research and development activities,
tice Programs’’— available in this Act for the Office of Justice
(1) up to 2 percent of funds made available including research, development, operations,
Programs may be used to participate in Per- support, and services; maintenance and re-
to the Office of Justice Programs for grant formance Partnership Pilots authorized
or reimbursement programs may be used by pair, facility planning and design; space
under such authorities as have been enacted flight, spacecraft control, and communica-
such Office to provide training and technical for Performance Partnership Pilots in appro-
assistance; and tions activities; program management; per-
priations acts in prior fiscal years and the
(2) up to 2 percent of funds made available sonnel and related costs, including uniforms
current fiscal year.
for grant or reimbursement programs under SEC. 218. The Attorney General shall sub- or allowances therefor, as authorized by sec-
such headings, except for amounts appro- mit to the Committees on Appropriations of tions 5901 and 5902 of title 5, United States
priated specifically for research, evaluation, the House of Representatives and the Senate Code; travel expenses; purchase and hire of
or statistical programs administered by the quarterly reports on the Crime Victims passenger motor vehicles; and purchase,
National Institute of Justice and the Bureau Fund, the Working Capital Fund, the Three lease, charter, maintenance, and operation of
dlhill on DSK120RN23PROD with SENATE
of Justice Statistics, shall be transferred to Percent Fund, and the Asset Forfeiture mission and administrative aircraft,
and merged with funds provided to the Na- Fund. Such quarterly reports shall contain $7,795,000,000, to remain available until Sep-
tional Institute of Justice and the Bureau of at least the same level of information and tember 30, 2024.
Justice Statistics, to be used by them for re- detail for each Fund as was provided to the AERONAUTICS
search, evaluation, or statistical purposes, Committees on Appropriations of the House For necessary expenses, not otherwise pro-
without regard to the authorizations for of Representatives and the Senate in fiscal vided for, in the conduct and support of aero-
such grant or reimbursement programs. year 2022. nautics research and development activities,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7353
including research, development, operations, a second mobile launch platform: Provided Departments of Veterans Affairs and Hous-
support, and services; maintenance and re- further, That the National Aeronautics and ing and Urban Development, and Inde-
pair, facility planning and design; space Space Administration shall provide to the pendent Agencies Appropriations Act, 1995
flight, spacecraft control, and communica- Committees on Appropriations of the House (Public Law 103–327) up to $1,000,000 shall be
tions activities; program management; per- of Representatives and the Senate, concur- available from amounts made available
sonnel and related costs, including uniforms rent with the annual budget submission, a 5- under this heading to make such grant dis-
or allowances therefor, as authorized by sec- year budget profile for an integrated system bursements: Provided further, That of the
tions 5901 and 5902 of title 5, United States that includes the SLS, the Orion Multi-Pur- amounts appropriated under this heading,
Code; travel expenses; purchase and hire of pose Crew Vehicle, and associated ground $30,701,000 shall be used for the projects, and
passenger motor vehicles; and purchase, systems that will ensure a crewed launch as in the amounts, specified in the table under
lease, charter, maintenance, and operation of early as possible, as well as a system-based the heading ‘‘NASA Community Projects/
mission and administrative aircraft, funding profile for a sustained launch ca- NASA Special Projects’’ in the explanatory
$935,000,000, to remain available until Sep- dence that contemplates the use of an SLS statement described in section 4 (in the mat-
tember 30, 2024. Block 1B cargo variant with an 8.4 meter ter preceding division A of this consolidated
SPACE TECHNOLOGY fairing and associated ground systems: Pro- Act): Provided further, That the amounts
For necessary expenses, not otherwise pro- vided further, That $2,600,300,000 shall be for made available for the projects referenced in
vided for, in the conduct and support of Artemis Campaign Development. the preceding proviso may not be transferred
space technology research and development SPACE OPERATIONS
for any other purpose.
activities, including research, development, CONSTRUCTION AND ENVIRONMENTAL
For necessary expenses, not otherwise pro-
operations, support, and services; mainte- COMPLIANCE AND RESTORATION
vided for, in the conduct and support of
nance and repair, facility planning and de- space operations research and development For necessary expenses for construction of
sign; space flight, spacecraft control, and activities, including research, development, facilities including repair, rehabilitation, re-
communications activities; program man- operations, support and services; space vitalization, and modification of facilities,
agement; personnel and related costs, includ- flight, spacecraft control, and communica- construction of new facilities and additions
ing uniforms or allowances therefor, as au- tions activities, including operations, pro- to existing facilities, facility planning and
thorized by sections 5901 and 5902 of title 5, duction, and services; maintenance and re- design, and restoration, and acquisition or
United States Code; travel expenses; pur- pair, facility planning and design; program condemnation of real property, as authorized
chase and hire of passenger motor vehicles; management; personnel and related costs, in- by law, and environmental compliance and
and purchase, lease, charter, maintenance, cluding uniforms or allowances therefor, as restoration, $47,300,000, to remain available
and operation of mission and administrative until September 30, 2028: Provided, That pro-
authorized by sections 5901 and 5902 of title 5,
aircraft, $1,200,000,000, to remain available ceeds from leases deposited into this account
United States Code; travel expenses; pur-
until September 30, 2024: Provided, That shall be available for a period of 5 years to
chase and hire of passenger motor vehicles;
$227,000,000 shall be for On-orbit Servicing, the extent and in amounts as provided in an-
and purchase, lease, charter, maintenance,
Assembly, and Manufacturing 1: Provided fur- nual appropriations Acts: Provided further,
and operation of mission and administrative
ther, That $110,000,000 shall be for the devel- That such proceeds referred to in the pre-
aircraft, $4,250,000,000, to remain available
opment, production, and demonstration of a ceding proviso shall be available for obliga-
until September 30, 2024.
nuclear thermal propulsion system, of which tion for fiscal year 2023 in an amount not to
not less than $45,000,000 shall be for reactor SCIENCE, TECHNOLOGY, ENGINEERING, AND exceed $25,000,000: Provided further, That each
development, not less than $45,000,000 shall MATHEMATICS ENGAGEMENT annual budget request shall include an an-
be for fuel materials development, and not For necessary expenses, not otherwise pro- nual estimate of gross receipts and collec-
less than $20,000,000 shall be for non-nuclear vided for, in the conduct and support of aero- tions and proposed use of all funds collected
systems development and acquisition plan- space and aeronautical education research pursuant to section 20145 of title 51, United
ning: Provided further, That, not later than and development activities, including re- States Code.
180 days after the enactment of this Act, the search, development, operations, support, OFFICE OF INSPECTOR GENERAL
National Aeronautics and Space Administra- and services; program management; per- For necessary expenses of the Office of In-
tion shall provide a plan for the design of a sonnel and related costs, including uniforms spector General in carrying out the Inspec-
flight demonstration. or allowances therefor, as authorized by sec- tor General Act of 1978, $47,600,000, of which
EXPLORATION tions 5901 and 5902 of title 5, United States $500,000 shall remain available until Sep-
For necessary expenses, not otherwise pro- Code; travel expenses; purchase and hire of tember 30, 2024.
vided for, in the conduct and support of passenger motor vehicles; and purchase, ADMINISTRATIVE PROVISIONS
Artemis Campaign Development activities, lease, charter, maintenance, and operation of
(INCLUDING TRANSFERS OF FUNDS)
including research, development, operations, mission and administrative aircraft,
$143,500,000, to remain available until Sep- Funds for any announced prize otherwise
support, and services; maintenance and re- authorized shall remain available, without
pair, facility planning and design; space tember 30, 2024, of which $26,000,000 shall be
for the Established Program to Stimulate fiscal year limitation, until a prize is
flight, spacecraft control, and communica- claimed or the offer is withdrawn.
tions activities; program management; per- Competitive Research and $58,000,000 shall be
Not to exceed 5 percent of any appropria-
sonnel and related costs, including uniforms for the National Space Grant College and
tion made available for the current fiscal
or allowances therefor, as authorized by sec- Fellowship Program.
year for the National Aeronautics and Space
tions 5901 and 5902 of title 5, United States SAFETY, SECURITY AND MISSION SERVICES Administration in this Act may be trans-
Code; travel expenses; purchase and hire of For necessary expenses, not otherwise pro- ferred between such appropriations, but no
passenger motor vehicles; and purchase, vided for, in the conduct and support of such appropriation, except as otherwise spe-
lease, charter, maintenance, and operation of science, aeronautics, space technology, ex- cifically provided, shall be increased by more
mission and administrative aircraft, ploration, space operations and education re- than 10 percent by any such transfers. Any
$7,468,850,000, to remain available until Sep- search and development activities, including funds transferred to ‘‘Construction and Envi-
tember 30, 2024: Provided, That not less than research, development, operations, support, ronmental Compliance and Restoration’’ for
$1,338,700,000 shall be for the Orion Multi- and services; maintenance and repair, facil- construction activities shall not increase
Purpose Crew Vehicle: Provided further, That ity planning and design; space flight, space- that account by more than 50 percent and
not less than $2,600,000,000 shall be for the craft control, and communications activi- any funds transferred to or within ‘‘Explo-
Space Launch System (SLS) launch vehicle, ties; program management; personnel and re- ration’’ for Exploration Ground Systems
which shall have a lift capability not less lated costs, including uniforms or allowances shall not increase Exploration Ground Sys-
than 130 metric tons and which shall have therefor, as authorized by sections 5901 and tems by more than $49,300,000. Balances so
core elements and an Exploration Upper 5902 of title 5, United States Code; travel ex- transferred shall be merged with and avail-
Stage developed simultaneously to be used penses; purchase and hire of passenger motor able for the same purposes and the same
to the maximum extent practicable, includ- vehicles; not to exceed $63,000 for official re- time period as the appropriations to which
ing for Earth to Moon missions and Moon ception and representation expenses; and transferred. Any transfer pursuant to this
landings: Provided further, That of the purchase, lease, charter, maintenance, and provision shall be treated as a reprogram-
amounts provided for SLS, not less than operation of mission and administrative air- ming of funds under section 505 of this Act
$600,000,000 shall be for SLS Block 1B devel- craft, $3,129,451,000, to remain available until and shall not be available for obligation ex-
opment including the Exploration Upper September 30, 2024: Provided, That if avail- cept in compliance with the procedures set
Stage and associated systems including re- able balances in the ‘‘Science, Space, and forth in that section.
dlhill on DSK120RN23PROD with SENATE
lated facilitization, to support an SLS Block Technology Education Trust Fund’’ are not Not to exceed 5 percent of any appropria-
1B mission available to launch in 2025 in ad- sufficient to provide for the grant disburse- tion provided for the National Aeronautics
dition to the planned Block 1 missions for ments required under the third and fourth and Space Administration under previous ap-
Artemis I through Artemis III: Provided fur- provisos under such heading in the Depart- propriations Acts that remains available for
ther, That $799,150,000 shall be for Explo- ment of Housing and Urban Development- obligation or expenditure in fiscal year 2023
ration Ground Systems and associated Block Independent Agencies Appropriations Act, may be transferred between such appropria-
1B activities, including up to $281,350,000 for 1989 (Public Law 100–404) as amended by the tions, but no such appropriation, except as
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S7354 CONGRESSIONAL RECORD — SENATE December 19, 2022
otherwise specifically provided, shall be in- until September 30, 2024, of which not to ex- ming of funds under section 505 of this Act
creased by more than 10 percent by any such ceed $640,000,000 shall remain available until and shall not be available for obligation ex-
transfers. Any transfer pursuant to this pro- expended for polar research and operations cept in compliance with the procedures set
vision shall retain its original availability support, and for reimbursement to other forth in that section.
and shall be treated as a reprogramming of Federal agencies for operational and science The Director of the National Science Foun-
funds under section 505 of this Act and shall support and logistical and other related ac- dation (NSF) shall notify the Committees on
not be available for obligation except in tivities for the United States Antarctic pro- Appropriations of the House of Representa-
compliance with the procedures set forth in gram: Provided, That receipts for scientific tives and the Senate at least 30 days in ad-
that section. support services and materials furnished by vance of any planned divestment through
The spending plan required by this Act the National Research Centers and other Na- transfer, decommissioning, termination, or
shall be provided by the National Aero- tional Science Foundation supported re- deconstruction of any NSF-owned facilities
nautics and Space Administration at the search facilities may be credited to this ap- or any NSF capital assets (including land,
theme, program, project, and activity level. propriation. structures, and equipment) valued greater
The spending plan, as well as any subsequent than $2,500,000.
MAJOR RESEARCH EQUIPMENT AND FACILITIES
change of an amount established in that There is hereby established in the Treas-
CONSTRUCTION
spending plan that meets the notification re- ury of the United States a fund to be known
For necessary expenses for the acquisition, as the ‘‘National Science Foundation Non-
quirements of section 505 of this Act, shall be
construction, commissioning, and upgrading recurring Expenses Fund’’ (the Fund). Unob-
treated as a reprogramming under section
of major research equipment, facilities, and ligated balances of expired discretionary
505 of this Act and shall not be available for
other such capital assets pursuant to the Na- funds appropriated for this or any succeeding
obligation or expenditure except in compli-
tional Science Foundation Act of 1950 (42 fiscal year from the General Fund of the
ance with the procedures set forth in that
U.S.C. 1861 et seq.), including authorized Treasury to the National Science Founda-
section.
Not more than 20 percent or $50,000,000, travel, $187,230,000, to remain available until tion by this or any other Act may be trans-
whichever is less, of the amounts made avail- expended. ferred (not later than the end of the fifth fis-
able in the current-year Construction and STEM EDUCATION cal year after the last fiscal year for which
Environmental Compliance and Restoration such funds are available for the purposes for
For necessary expenses in carrying out
(CECR) appropriation may be applied to which appropriated) into the Fund. Amounts
science, mathematics, and engineering edu-
CECR projects funded under previous years’ deposited in the Fund shall be available until
cation and human resources programs and
CECR appropriations. Use of current-year expended, and in addition to such other
activities pursuant to the National Science
funds under this provision shall be treated as funds as may be available for such purposes,
Foundation Act of 1950 (42 U.S.C. 1861 et
a reprogramming of funds under section 505 for information and business technology sys-
seq.), including services as authorized by sec-
of this act and shall not be available for obli- tem modernization and facilities infrastruc-
tion 3109 of title 5, United States Code, au- ture improvements, including nonrecurring
gation except in compliance with the proce- thorized travel, and rental of conference maintenance, necessary for the operation of
dures set forth in that section. rooms in the District of Columbia,
Of the amounts made available in this Act the Foundation or its funded research facili-
$1,154,000,000, to remain available until Sep- ties, subject to approval by the Office of
under the heading ‘‘Science, Technology, En- tember 30, 2024.
gineering, and Mathematics Engagement’’ Management and Budget. Amounts in the
AGENCY OPERATIONS AND AWARD MANAGEMENT Fund may be obligated only after the Com-
(‘‘STEM Engagement’’), up to $5,000,000 shall
For agency operations and award manage- mittees on Appropriations of the House of
be available to jointly fund, with an addi-
ment necessary in carrying out the National Representatives and the Senate are notified
tional amount of up to $1,000,000 each from
Science Foundation Act of 1950 (42 U.S.C. at least 15 days in advance of the planned use
amounts made available in this Act under
1861 et seq.); services authorized by section of funds.
the headings ‘‘Science’’, ‘‘Aeronautics’’, This title may be cited as the ‘‘Science Ap-
‘‘Space Technology’’, ‘‘Exploration’’, and 3109 of title 5, United States Code; hire of
passenger motor vehicles; uniforms or allow- propriations Act, 2023’’.
‘‘Space Operations’’, projects and activities
ances therefor, as authorized by sections 5901 TITLE IV
for engaging students in STEM and increas-
ing STEM research capacities of univer- and 5902 of title 5, United States Code; rental RELATED AGENCIES
sities, including Minority Serving Institu- of conference rooms in the District of Co- COMMISSION ON CIVIL RIGHTS
tions. lumbia; and reimbursement of the Depart- SALARIES AND EXPENSES
Section 30102(b) of title 51, United States ment of Homeland Security for security
For necessary expenses of the Commission
Code, is amended by: guard services; $448,000,000: Provided, That on Civil Rights, including hire of passenger
(1) Redesignating existing paragraph (3) to not to exceed $8,280 is for official reception motor vehicles, $14,350,000: Provided, That
(4); and and representation expenses: Provided fur- none of the funds appropriated in this para-
(2) Inserting, after paragraph (2), the fol- ther, That contracts may be entered into graph may be used to employ any individuals
lowing: under this heading in fiscal year 2023 for under Schedule C of subpart C of part 213 of
‘‘(3) INFORMATION TECHNOLOGY (IT) MOD- maintenance and operation of facilities and title 5 of the Code of Federal Regulations ex-
ERNIZATION.—The fund shall also be available for other services to be provided during the clusive of one special assistant for each Com-
for the purpose of funding IT Modernization next fiscal year. missioner: Provided further, That none of the
activities, as described in section OFFICE OF THE NATIONAL SCIENCE BOARD funds appropriated in this paragraph shall be
1077(b)(3)(A)–(E) of Public Law 115–91, on a For necessary expenses (including payment used to reimburse Commissioners for more
non-reimbursable basis.’’. of salaries, authorized travel, hire of pas- than 75 billable days, with the exception of
Not to exceed $18,162,000 made available for senger motor vehicles, the rental of con- the chairperson, who is permitted 125 billable
the current fiscal year in this Act within ference rooms in the District of Columbia, days: Provided further, That the Chair may
‘‘Safety, Security and Mission Services’’ and the employment of experts and consult- accept and use any gift or donation to carry
may be transferred to the Working Capital ants under section 3109 of title 5, United out the work of the Commission: Provided
Fund of the National Aeronautics and Space States Code) involved in carrying out section further, That none of the funds appropriated
Administration. Balances so transferred 4 of the National Science Foundation Act of in this paragraph shall be used for any activ-
shall be available until expended only for ac- 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 ity or expense that is not explicitly author-
tivities described in section 30102(b)(3) of U.S.C. 1880 et seq.), $5,090,000: Provided, That ized by section 3 of the Civil Rights Commis-
title 51, United States Code, as amended by not to exceed $2,500 shall be available for of- sion Act of 1983 (42 U.S.C. 1975a): Provided
this Act, and shall remain available until ex- ficial reception and representation expenses. further, That notwithstanding the preceding
pended. Any transfer pursuant to this provi- proviso, $2,000,000 shall be used to separately
OFFICE OF INSPECTOR GENERAL
sion shall be treated as a reprogramming of fund the Commission on the Social Status of
funds under section 505 of this Act and shall For necessary expenses of the Office of In- Black Men and Boys.
not be available for obligation except in spector General as authorized by the Inspec-
EQUAL EMPLOYMENT OPPORTUNITY
compliance with the procedures set forth in tor General Act of 1978, $23,393,000, of which
COMMISSION
that section. $400,000 shall remain available until Sep-
SALARIES AND EXPENSES
NATIONAL SCIENCE FOUNDATION tember 30, 2024.
For necessary expenses of the Equal Em-
RESEARCH AND RELATED ACTIVITIES ADMINISTRATIVE PROVISIONS
ployment Opportunity Commission as au-
For necessary expenses in carrying out the (INCLUDING TRANSFERS OF FUNDS) thorized by title VII of the Civil Rights Act
National Science Foundation Act of 1950 (42 Not to exceed 5 percent of any appropria- of 1964, the Age Discrimination in Employ-
dlhill on DSK120RN23PROD with SENATE
U.S.C. 1861 et seq.), and Public Law 86–209 (42 tion made available for the current fiscal ment Act of 1967, the Equal Pay Act of 1963,
U.S.C. 1880 et seq.); services as authorized by year for the National Science Foundation in the Americans with Disabilities Act of 1990,
section 3109 of title 5, United States Code; this Act may be transferred between such ap- section 501 of the Rehabilitation Act of 1973,
maintenance and operation of aircraft and propriations, but no such appropriation shall the Civil Rights Act of 1991, the Genetic In-
purchase of flight services for research sup- be increased by more than 10 percent by any formation Nondiscrimination Act (GINA) of
port; acquisition of aircraft; and authorized such transfers. Any transfer pursuant to this 2008 (Public Law 110–233), the ADA Amend-
travel; $7,021,136,000, to remain available paragraph shall be treated as a reprogram- ments Act of 2008 (Public Law 110–325), and
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7355
the Lilly Ledbetter Fair Pay Act of 2009 OFFICE OF THE UNITED STATES TRADE grams, or activities; (6) contracts out or
(Public Law 111–2), including services as au- REPRESENTATIVE privatizes any functions or activities pres-
thorized by section 3109 of title 5, United SALARIES AND EXPENSES ently performed by Federal employees; (7)
States Code; hire of passenger motor vehi- augments existing programs, projects, or ac-
For necessary expenses of the Office of the
cles as authorized by section 1343(b) of title tivities in excess of $500,000 or 10 percent,
United States Trade Representative, includ-
31, United States Code; nonmonetary awards whichever is less, or reduces by 10 percent
to private citizens; and up to $31,500,000 for ing the hire of passenger motor vehicles and
funding for any program, project, or activ-
payments to State and local enforcement the employment of experts and consultants
ity, or numbers of personnel by 10 percent; or
agencies for authorized services to the Com- as authorized by section 3109 of title 5,
(8) results from any general savings, includ-
mission, $455,000,000: Provided, That the Com- United States Code, $61,000,000, of which
ing savings from a reduction in personnel,
mission is authorized to make available for $1,000,000 shall remain available until ex-
which would result in a change in existing
official reception and representation ex- pended: Provided, That of the total amount
programs, projects, or activities as approved
penses not to exceed $2,250 from available made available under this heading, not to ex-
by Congress; unless the House and Senate
funds: Provided further, That the Commission ceed $124,000 shall be available for official re-
Committees on Appropriations are notified
may take no action to implement any work- ception and representation expenses.
15 days in advance of such reprogramming of
force repositioning, restructuring, or reorga- TRADE ENFORCEMENT TRUST FUND funds.
nization until such time as the Committees (INCLUDING TRANSFER OF FUNDS) SEC. 506. (a) If it has been finally deter-
on Appropriations of the House of Represent- mined by a court or Federal agency that any
For activities of the United States Trade
atives and the Senate have been notified of person intentionally affixed a label bearing a
Representative authorized by section 611 of
such proposals, in accordance with the re- ‘‘Made in America’’ inscription, or any in-
the Trade Facilitation and Trade Enforce-
programming requirements of section 505 of scription with the same meaning, to any
ment Act of 2015 (19 U.S.C. 4405), including
this Act: Provided further, That the Chair product sold in or shipped to the United
transfers, $15,000,000, to be derived from the
may accept and use any gift or donation to States that is not made in the United States,
Trade Enforcement Trust Fund: Provided,
carry out the work of the Commission. the person shall be ineligible to receive any
That any transfer pursuant to subsection
INTERNATIONAL TRADE COMMISSION (d)(1) of such section shall be treated as a re- contract or subcontract made with funds
SALARIES AND EXPENSES programming under section 505 of this Act. made available in this Act, pursuant to the
For necessary expenses of the Inter- debarment, suspension, and ineligibility pro-
STATE JUSTICE INSTITUTE cedures described in sections 9.400 through
national Trade Commission, including hire
of passenger motor vehicles and services as SALARIES AND EXPENSES 9.409 of title 48, Code of Federal Regulations.
authorized by section 3109 of title 5, United For necessary expenses of the State Jus- (b)(1) To the extent practicable, with re-
States Code, and not to exceed $2,250 for offi- tice Institute, as authorized by the State spect to authorized purchases of promotional
cial reception and representation expenses, Justice Institute Act of 1984 (42 U.S.C. 10701 items, funds made available by this Act shall
$122,400,000, to remain available until ex- et seq.) $7,640,000, of which $500,000 shall re- be used to purchase items that are manufac-
pended. main available until September 30, 2024: Pro- tured, produced, or assembled in the United
vided, That not to exceed $2,250 shall be States, its territories or possessions.
LEGAL SERVICES CORPORATION (2) The term ‘‘promotional items’’ has the
PAYMENT TO THE LEGAL SERVICES
available for official reception and represen-
tation expenses: Provided further, That, for meaning given the term in OMB Circular A–
CORPORATION 87, Attachment B, Item (1)(f)(3).
the purposes of section 505 of this Act, the
For payment to the Legal Services Cor- SEC. 507. (a) The Departments of Commerce
State Justice Institute shall be considered
poration to carry out the purposes of the and Justice, the National Science Founda-
an agency of the United States Government.
Legal Services Corporation Act of 1974, tion, and the National Aeronautics and
$560,000,000, of which $516,100,000 is for basic TITLE V Space Administration shall provide to the
field programs and required independent au- GENERAL PROVISIONS Committees on Appropriations of the House
dits; $5,700,000 is for the Office of Inspector (INCLUDING RESCISSIONS) of Representatives and the Senate a quar-
General, of which such amounts as may be terly report on the status of balances of ap-
(INCLUDING TRANSFER OF FUNDS)
necessary may be used to conduct additional propriations at the account level. For unob-
audits of recipients; $26,200,000 is for manage- SEC. 501. No part of any appropriation con- ligated, uncommitted balances and unobli-
ment and grants oversight; $5,000,000 is for tained in this Act shall be used for publicity gated, committed balances the quarterly re-
client self-help and information technology; or propaganda purposes not authorized by ports shall separately identify the amounts
$5,000,000 is for a Pro Bono Innovation Fund; the Congress. attributable to each source year of appro-
and $2,000,000 is for loan repayment assist- SEC. 502. No part of any appropriation con- priation from which the balances were de-
ance: Provided, That the Legal Services Cor- tained in this Act shall remain available for rived. For balances that are obligated, but
poration may continue to provide locality obligation beyond the current fiscal year un- unexpended, the quarterly reports shall sepa-
pay to officers and employees at a rate no less expressly so provided herein. rately identify amounts by the year of obli-
greater than that provided by the Federal SEC. 503. The expenditure of any appropria- gation.
Government to Washington, DC-based em- tion under this Act for any consulting serv- (b) The report described in subsection (a)
ployees as authorized by section 5304 of title ice through procurement contract, pursuant shall be submitted within 30 days of the end
5, United States Code, notwithstanding sec- to section 3109 of title 5, United States Code, of each quarter.
tion 1005(d) of the Legal Services Corpora- shall be limited to those contracts where (c) If a department or agency is unable to
tion Act (42 U.S.C. 2996d(d)): Provided further, such expenditures are a matter of public fulfill any aspect of a reporting requirement
That the authorities provided in section 205 record and available for public inspection, described in subsection (a) due to a limita-
of this Act shall be applicable to the Legal except where otherwise provided under exist- tion of a current accounting system, the de-
Services Corporation: Provided further, That, ing law, or under existing Executive order partment or agency shall fulfill such aspect
for the purposes of section 505 of this Act, issued pursuant to existing law. to the maximum extent practicable under
the Legal Services Corporation shall be con- SEC. 504. If any provision of this Act or the such accounting system and shall identify
sidered an agency of the United States Gov- application of such provision to any person and describe in each quarterly report the ex-
ernment. or circumstances shall be held invalid, the tent to which such aspect is not fulfilled.
ADMINISTRATIVE PROVISION—LEGAL SERVICES
remainder of the Act and the application of SEC. 508. Any costs incurred by a depart-
CORPORATION
each provision to persons or circumstances ment or agency funded under this Act result-
other than those as to which it is held in- ing from, or to prevent, personnel actions
None of the funds appropriated in this Act
valid shall not be affected thereby. taken in response to funding reductions in-
to the Legal Services Corporation shall be
SEC. 505. None of the funds provided under cluded in this Act shall be absorbed within
expended for any purpose prohibited or lim-
this Act, or provided under previous appro- the total budgetary resources available to
ited by, or contrary to any of the provisions
priations Acts to the agencies funded by this such department or agency: Provided, That
of, sections 501, 502, 503, 504, 505, and 506 of
Act that remain available for obligation or the authority to transfer funds between ap-
Public Law 105–119, and all funds appro-
expenditure in fiscal year 2023, or provided propriations accounts as may be necessary
priated in this Act to the Legal Services Cor-
from any accounts in the Treasury of the to carry out this section is provided in addi-
poration shall be subject to the same terms
United States derived by the collection of tion to authorities included elsewhere in this
and conditions set forth in such sections, ex-
fees available to the agencies funded by this Act: Provided further, That use of funds to
cept that all references in sections 502 and
Act, shall be available for obligation or ex- carry out this section shall be treated as a
503 to 1997 and 1998 shall be deemed to refer
penditure through a reprogramming of funds reprogramming of funds under section 505 of
instead to 2022 and 2023, respectively.
dlhill on DSK120RN23PROD with SENATE
that: (1) creates or initiates a new program, this Act and shall not be available for obliga-
MARINE MAMMAL COMMISSION project, or activity; (2) eliminates a pro- tion or expenditure except in compliance
SALARIES AND EXPENSES gram, project, or activity; (3) increases funds with the procedures set forth in that section:
For necessary expenses of the Marine or personnel by any means for any project or Provided further, That for the Department of
Mammal Commission as authorized by title activity for which funds have been denied or Commerce, this section shall also apply to
II of the Marine Mammal Protection Act of restricted; (4) relocates an office or employ- actions taken for the care and protection of
1972 (16 U.S.C. 1361 et seq.), $4,500,000. ees; (5) reorganizes or renames offices, pro- loan collateral or grant property.
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S7356 CONGRESSIONAL RECORD — SENATE December 19, 2022
SEC. 509. None of the funds provided by this days after the date on which the Director of cial Privacy Act of 1978; The Electronic Com-
Act shall be available to promote the sale or the Office of Management and Budget, in munications Privacy Act of 1986; The Fair
export of tobacco or tobacco products, or to consultation with the Director of the Office Credit Reporting Act; The National Security
seek the reduction or removal by any foreign of Government Ethics, determines that a Act of 1947; USA PATRIOT Act; USA FREE-
country of restrictions on the marketing of uniform set of rules and requirements, sub- DOM Act of 2015; and the laws amended by
tobacco or tobacco products, except for re- stantially similar to the requirements in these Acts.
strictions which are not applied equally to such subsections, consistently apply under SEC. 518. If at any time during any quarter,
all tobacco or tobacco products of the same the executive branch ethics program to all the program manager of a project within the
type. Federal departments, agencies, and entities. jurisdiction of the Departments of Com-
SEC. 510. Notwithstanding any other provi- SEC. 514. (a) None of the funds appropriated merce or Justice, the National Aeronautics
sion of law, amounts deposited or available or otherwise made available under this Act and Space Administration, or the National
in the Fund established by section 1402 of may be used by the Departments of Com- Science Foundation totaling more than
chapter XIV of title II of Public Law 98–473 merce and Justice, the National Aeronautics $75,000,000 has reasonable cause to believe
(34 U.S.C. 20101) in any fiscal year in excess and Space Administration, or the National that the total program cost has increased by
of $1,900,000,000 shall not be available for ob- Science Foundation to acquire a high-impact 10 percent or more, the program manager
ligation until the following fiscal year: Pro- or moderate-impact information system, as shall immediately inform the respective Sec-
vided, That notwithstanding section 1402(d) defined for security categorization in the Na- retary, Administrator, or Director. The Sec-
of such Act, of the amounts available from tional Institute of Standards and Tech- retary, Administrator, or Director shall no-
the Fund for obligation: (1) $10,000,000 shall nology’s (NIST) Federal Information Proc- tify the House and Senate Committees on
be transferred to the Department of Justice essing Standard Publication 199, ‘‘Standards Appropriations within 30 days in writing of
Office of Inspector General and remain avail- for Security Categorization of Federal Infor- such increase, and shall include in such no-
able until expended for oversight and audit- mation and Information Systems’’ unless the tice: the date on which such determination
ing purposes associated with this section; agency has— was made; a statement of the reasons for
and (2) 5 percent shall be available to the Of- (1) reviewed the supply chain risk for the such increases; the action taken and pro-
fice for Victims of Crime for grants, con- information systems against criteria devel- posed to be taken to control future cost
sistent with the requirements of the Victims oped by NIST and the Federal Bureau of In- growth of the project; changes made in the
of Crime Act, to Indian Tribes to improve vestigation (FBI) to inform acquisition deci- performance or schedule milestones and the
services for victims of crime. sions for high-impact and moderate-impact degree to which such changes have contrib-
SEC. 511. None of the funds made available information systems within the Federal Gov- uted to the increase in total program costs
to the Department of Justice in this Act ernment; or procurement costs; new estimates of the
may be used to discriminate against or deni- (2) reviewed the supply chain risk from the total project or procurement costs; and a
grate the religious or moral beliefs of stu- presumptive awardee against available and statement validating that the project’s man-
dents who participate in programs for which relevant threat information provided by the agement structure is adequate to control
financial assistance is provided from those FBI and other appropriate agencies; and total project or procurement costs.
funds, or of the parents or legal guardians of (3) in consultation with the FBI or other SEC. 519. Funds appropriated by this Act,
such students. appropriate Federal entity, conducted an as- or made available by the transfer of funds in
SEC. 512. None of the funds made available sessment of any risk of cyber-espionage or this Act, for intelligence or intelligence re-
in this Act may be transferred to any depart- sabotage associated with the acquisition of lated activities are deemed to be specifically
ment, agency, or instrumentality of the such system, including any risk associated authorized by the Congress for purposes of
United States Government, except pursuant with such system being produced, manufac- section 504 of the National Security Act of
to a transfer made by, or transfer authority tured, or assembled by one or more entities 1947 (50 U.S.C. 3094) during fiscal year 2023
provided in, this Act or any other appropria- identified by the United States Government until the enactment of the Intelligence Au-
tions Act. as posing a cyber threat, including but not thorization Act for fiscal year 2023.
SEC. 513. (a) The Inspectors General of the SEC. 520. None of the funds appropriated or
limited to, those that may be owned, di-
Department of Commerce, the Department otherwise made available by this Act may be
rected, or subsidized by the People’s Repub-
of Justice, the National Aeronautics and used to enter into a contract in an amount
lic of China, the Islamic Republic of Iran, the
Space Administration, the National Science greater than $5,000,000 or to award a grant in
Democratic People’s Republic of Korea, or
Foundation, and the Legal Services Corpora- excess of such amount unless the prospective
the Russian Federation.
tion shall conduct audits, pursuant to the In- (b) None of the funds appropriated or oth- contractor or grantee certifies in writing to
spector General Act (5 U.S.C. App.), of grants erwise made available under this Act may be the agency awarding the contract or grant
or contracts for which funds are appro- used to acquire a high-impact or moderate- that, to the best of its knowledge and belief,
priated by this Act, and shall submit reports impact information system reviewed and as- the contractor or grantee has filed all Fed-
to Congress on the progress of such audits, sessed under subsection (a) unless the head eral tax returns required during the three
which may include preliminary findings and of the assessing entity described in sub- years preceding the certification, has not
a description of areas of particular interest, section (a) has— been convicted of a criminal offense under
within 180 days after initiating such an audit (1) developed, in consultation with NIST, the Internal Revenue Code of 1986, and has
and every 180 days thereafter until any such the FBI, and supply chain risk management not, more than 90 days prior to certification,
audit is completed. experts, a mitigation strategy for any identi- been notified of any unpaid Federal tax as-
(b) Within 60 days after the date on which fied risks; sessment for which the liability remains
an audit described in subsection (a) by an In- (2) determined, in consultation with NIST unsatisfied, unless the assessment is the sub-
spector General is completed, the Secretary, and the FBI, that the acquisition of such sys- ject of an installment agreement or offer in
Attorney General, Administrator, Director, tem is in the national interest of the United compromise that has been approved by the
or President, as appropriate, shall make the States; and Internal Revenue Service and is not in de-
results of the audit available to the public on (3) reported that determination to the fault, or the assessment is the subject of a
the Internet website maintained by the De- Committees on Appropriations of the House non-frivolous administrative or judicial pro-
partment, Administration, Foundation, or of Representatives and the Senate and the ceeding.
Corporation, respectively. The results shall agency Inspector General. (RESCISSIONS)
be made available in redacted form to ex- SEC. 515. None of the funds made available SEC. 521. (a) Of the unobligated balances in
clude— in this Act shall be used in any way whatso- the ‘‘Nonrecurring Expenses Fund’’ estab-
(1) any matter described in section 552(b) of ever to support or justify the use of torture lished in section 111(a) of division B of Public
title 5, United States Code; and by any official or contract employee of the Law 116–93, $50,000,000 are hereby perma-
(2) sensitive personal information for any United States Government. nently rescinded not later than September
individual, the public access to which could SEC. 516. None of the funds made available 30, 2023.
be used to commit identity theft or for other in this Act may be used to include in any (b) Of the unobligated balances from prior
inappropriate or unlawful purposes. new bilateral or multilateral trade agree- year appropriations available to the Depart-
(c) Any person awarded a grant or contract ment the text of— ment of Commerce under the heading ‘‘Eco-
funded by amounts appropriated by this Act (1) paragraph 2 of article 16.7 of the United nomic Development Administration, Eco-
shall submit a statement to the Secretary of States–Singapore Free Trade Agreement; nomic Development Assistance Programs’’,
Commerce, the Attorney General, the Ad- (2) paragraph 4 of article 17.9 of the United $10,000,000 are hereby permanently rescinded,
ministrator, Director, or President, as appro- States–Australia Free Trade Agreement; or not later than September 30, 2023.
priate, certifying that no funds derived from (3) paragraph 4 of article 15.9 of the United (c) Of the unobligated balances from prior
dlhill on DSK120RN23PROD with SENATE
the grant or contract will be made available States–Morocco Free Trade Agreement. year appropriations available to the Depart-
through a subcontract or in any other man- SEC. 517. None of the funds made available ment of Justice, the following funds are
ner to another person who has a financial in- in this Act may be used to authorize or issue hereby permanently rescinded, not later
terest in the person awarded the grant or a national security letter in contravention of than September 30, 2023, from the following
contract. any of the following laws authorizing the accounts in the specified amounts—
(d) The provisions of the preceding sub- Federal Bureau of Investigation to issue na- (1) ‘‘State and Local Law Enforcement Ac-
sections of this section shall take effect 30 tional security letters: The Right to Finan- tivities, Office on Violence Against Women,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7357
Violence Against Women Prevention and (3) Identification of undisbursed balances priated or otherwise made available by this
Prosecution Programs’’, $15,000,000; in expired grant accounts that may be re- Act may be used to pay award or incentive
(2) ‘‘State and Local Law Enforcement Ac- turned to the Treasury of the United States. fees for contractor performance that has
tivities, Office of Justice Programs’’, (4) In the preceding 3 fiscal years, details been judged to be below satisfactory per-
$75,000,000; and on the total number of expired grant ac- formance or for performance that does not
(3) ‘‘State and Local Law Enforcement Ac- counts with undisbursed balances (on the meet the basic requirements of a contract.
tivities, Community Oriented Policing Serv- first day of each fiscal year) for the depart- SEC. 530. None of the funds made available
ices’’, $15,000,000. ment, agency, or instrumentality and the by this Act may be used in contravention of
(d) Of the unobligated balances available total finances that have not been obligated section 7606 (‘‘Legitimacy of Industrial Hemp
to the Department of Justice, the following to a specific project remaining in the ac- Research’’) of the Agricultural Act of 2014
funds are hereby permanently rescinded, not counts. (Public Law 113–79) by the Department of
later than September 30, 2023, from the fol- SEC. 525. To the extent practicable, funds Justice or the Drug Enforcement Adminis-
lowing accounts in the specified amounts— made available in this Act should be used to tration.
purchase light bulbs that are ‘‘Energy Star’’ SEC. 531. None of the funds made available
(1) ‘‘Working Capital Fund’’, $705,768,000;
qualified or have the ‘‘Federal Energy Man- under this Act to the Department of Justice
and may be used, with respect to any of the
(2) ‘‘Legal Activities, Assets Forfeiture agement Program’’ designation.
SEC. 526. (a) None of the funds made avail- States of Alabama, Alaska, Arizona, Arkan-
Fund’’, $500,000,000. sas, California, Colorado, Connecticut, Dela-
(e) The Departments of Commerce and Jus- able by this Act may be used for the Na-
tional Aeronautics and Space Administra- ware, Florida, Georgia, Hawaii, Illinois, Indi-
tice shall submit to the Committees on Ap- ana, Iowa, Kentucky, Louisiana, Maine,
propriations of the House of Representatives tion (NASA), the Office of Science and Tech-
nology Policy (OSTP), or the National Space Maryland, Massachusetts, Michigan, Min-
and the Senate a report no later than Sep- nesota, Mississippi, Missouri, Montana, Ne-
tember 1, 2023, specifying the amount of each Council (NSC) to develop, design, plan, pro-
vada, New Hampshire, New Jersey, New Mex-
rescission made pursuant to subsections (a), mulgate, implement, or execute a bilateral
ico, New York, North Carolina, North Da-
(b), (c) and (d). policy, program, order, or contract of any
kota, Ohio, Oklahoma, Oregon, Pennsyl-
(f) The amounts rescinded in subsections kind to participate, collaborate, or coordi-
vania, Rhode Island, South Carolina, South
(a), (b), (c) and (d) shall not be from amounts nate bilaterally in any way with China or
Dakota, Tennessee, Texas, Utah, Vermont,
that were designated by the Congress as an any Chinese-owned company unless such ac-
Virginia, Washington, West Virginia, Wis-
emergency or disaster relief requirement tivities are specifically authorized by a law
consin, and Wyoming, or with respect to the
pursuant to the concurrent resolution on the enacted after the date of enactment of this
District of Columbia, the Commonwealth of
budget or the Balanced Budget and Emer- Act.
the Northern Mariana Islands, the United
gency Deficit Control Act of 1985. (b) None of the funds made available by
States Virgin Islands, Guam, or Puerto Rico,
(g) The amounts rescinded pursuant to sub- this Act may be used to effectuate the
to prevent any of them from implementing
sections (c) and (d) shall not be from— hosting of official Chinese visitors at facili-
their own laws that authorize the use, dis-
(1) amounts provided under subparagraph ties belonging to or utilized by NASA.
(c) The limitations described in sub- tribution, possession, or cultivation of med-
(Q) of paragraph (1) under the heading ‘‘State ical marijuana.
sections (a) and (b) shall not apply to activi-
and Local Law Enforcement Activities—Of- SEC. 532. The Department of Commerce,
ties which NASA, OSTP, or NSC, after con-
fice of Justice Programs—State and Local the National Aeronautics and Space Admin-
sultation with the Federal Bureau of Inves-
Law Enforcement Assistance’’ in title II of istration, and the National Science Founda-
tigation, have certified— tion shall provide a quarterly report to the
division B of Public Law 117–103; or
(1) pose no risk of resulting in the transfer Committees on Appropriations of the House
(2) amounts provided under paragraph (7)
of technology, data, or other information of Representatives and the Senate on any of-
under the heading ‘‘State and Local Law En-
with national security or economic security ficial travel to China by any employee of
forcement Activities—Community Oriented
implications to China or a Chinese-owned such Department or agency, including the
Policing Services—Community Oriented Po-
company; and purpose of such travel.
licing Services Programs’’ in title II of divi-
(2) will not involve knowing interactions SEC. 533. Of the amounts made available by
sion B of Public Law 117–103.
with officials who have been determined by this Act, not less than 10 percent of each
SEC. 522. None of the funds made available
the United States to have direct involvement total amount provided, respectively, for Pub-
in this Act may be used to purchase first
with violations of human rights. lic Works grants authorized by the Public
class or premium airline travel in contraven- (d) Any certification made under sub-
tion of sections 301–10.122 through 301–10.124 Works and Economic Development Act of
section (c) shall be submitted to the Com- 1965 and grants authorized by section 27 of
of title 41 of the Code of Federal Regulations. mittees on Appropriations of the House of
SEC. 523. None of the funds made available the Stevenson-Wydler Technology Innova-
Representatives and the Senate, and the tion Act of 1980 (15 U.S.C. 3722) shall be allo-
in this Act may be used to send or otherwise Federal Bureau of Investigation, no later
pay for the attendance of more than 50 em- cated for assistance in persistent poverty
than 30 days prior to the activity in question counties: Provided, That for purposes of this
ployees from a Federal department or agen- and shall include a description of the purpose
cy, who are stationed in the United States, section, the term ‘‘persistent poverty coun-
of the activity, its agenda, its major partici- ties’’ means any county that has had 20 per-
at any single conference occurring outside pants, and its location and timing. cent or more of its population living in pov-
the United States unless— SEC. 527. (a) None of the funds made avail- erty over the past 30 years, as measured by
(1) such conference is a law enforcement able in this Act may be used to maintain or the 1993 Small Area Income and Poverty Es-
training or operational conference for law establish a computer network unless such timates, the 2000 decennial census, and the
enforcement personnel and the majority of network blocks the viewing, downloading, most recent Small Area Income and Poverty
Federal employees in attendance are law en- and exchanging of pornography. Estimates, or any Territory or possession of
forcement personnel stationed outside the (b) Nothing in subsection (a) shall limit the United States.
United States; or the use of funds necessary for any Federal, SEC. 534. (a) Notwithstanding any other
(2) such conference is a scientific con- State, Tribal, or local law enforcement agen- provision of law or treaty, none of the funds
ference and the department or agency head cy or any other entity carrying out criminal appropriated or otherwise made available
determines that such attendance is in the investigations, prosecution, adjudication, or under this Act or any other Act may be ex-
national interest and notifies the Commit- other law enforcement- or victim assistance- pended or obligated by a department, agen-
tees on Appropriations of the House of Rep- related activity. cy, or instrumentality of the United States
resentatives and the Senate within at least SEC. 528. The Departments of Commerce to pay administrative expenses or to com-
15 days of that determination and the basis and Justice, the National Aeronautics and pensate an officer or employee of the United
for that determination. Space Administration, the National Science States in connection with requiring an ex-
SEC. 524. The Director of the Office of Man- Foundation, the Commission on Civil Rights, port license for the export to Canada of com-
agement and Budget shall instruct any de- the Equal Employment Opportunity Com- ponents, parts, accessories or attachments
partment, agency, or instrumentality of the mission, the International Trade Commis- for firearms listed in Category I, section
United States receiving funds appropriated sion, the Legal Services Corporation, the 121.1 of title 22, Code of Federal Regulations
under this Act to track undisbursed balances Marine Mammal Commission, the Offices of (International Trafficking in Arms Regula-
in expired grant accounts and include in its Science and Technology Policy and the tions (ITAR), part 121, as it existed on April
annual performance plan and performance United States Trade Representative, the Na- 1, 2005) with a total value not exceeding $500
and accountability reports the following: tional Space Council, and the State Justice wholesale in any transaction, provided that
(1) Details on future action the depart- Institute shall submit spending plans, signed the conditions of subsection (b) of this sec-
dlhill on DSK120RN23PROD with SENATE
ment, agency, or instrumentality will take by the respective department or agency tion are met by the exporting party for such
to resolve undisbursed balances in expired head, to the Committees on Appropriations articles.
grant accounts. of the House of Representatives and the Sen- (b) The foregoing exemption from obtain-
(2) The method that the department, agen- ate not later than 45 days after the date of ing an export license—
cy, or instrumentality uses to track enactment of this Act. (1) does not exempt an exporter from filing
undisbursed balances in expired grant ac- SEC. 529. Notwithstanding any other provi- any Shipper’s Export Declaration or notifi-
counts. sion of this Act, none of the funds appro- cation letter required by law, or from being
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S7358 CONGRESSIONAL RECORD — SENATE December 19, 2022
otherwise eligible under the laws of the SEC. 539. (a) None of the funds appropriated SEC. 541. Funds made available to the De-
United States to possess, ship, transport, or or otherwise made available in this or any partment of Commerce and under the head-
export the articles enumerated in subsection other Act may be used to construct, acquire, ing ‘‘Department of Justice—Federal Bureau
(a); and or modify any facility in the United States, of Investigation—Salaries and Expenses’’ in
(2) does not permit the export without a li- its territories, or possessions to house any this Act and any remaining unobligated bal-
cense of— individual described in subsection (c) for the ances of funds made available to the Depart-
(A) fully automatic firearms and compo- purposes of detention or imprisonment in the ment of Commerce and under the heading
nents and parts for such firearms, other than custody or under the effective control of the ‘‘Department of Justice—Federal Bureau of
for end use by the Federal Government, or a Department of Defense. Investigation—Salaries and Expenses’’ in
Provincial or Municipal Government of Can- (b) The prohibition in subsection (a) shall prior year Acts, other than amounts des-
ada; not apply to any modification of facilities at ignated by the Congress as being for an
(B) barrels, cylinders, receivers (frames) or United States Naval Station, Guantanamo emergency requirement pursuant to a con-
complete breech mechanisms for any firearm Bay, Cuba. current resolution on the budget or the Bal-
listed in Category I, other than for end use (c) An individual described in this sub- anced Budget and Emergency Deficit Control
by the Federal Government, or a Provincial section is any individual who, as of June 24, Act of 1985, shall be available to provide pay-
or Municipal Government of Canada; or 2009, is located at United States Naval Sta- ments pursuant to section 901(i)(2) of title IX
(C) articles for export from Canada to an- tion, Guantanamo Bay, Cuba, and who— of division J of the Further Consolidated Ap-
other foreign destination. (1) is not a citizen of the United States or propriations Act, 2020 (22 U.S.C. 2680b(i)(2)):
(c) In accordance with this section, the a member of the Armed Forces of the United Provided, That payments made pursuant to
District Directors of Customs and post- States; and the matter preceding this proviso may not
masters shall permit the permanent or tem- (2) is— exceed $5,000,000 for the Department of Com-
porary export without a license of any un- (A) in the custody or under the effective merce and $5,000,000 for the Federal Bureau
classified articles specified in subsection (a) control of the Department of Defense; or of Investigation.
to Canada for end use in Canada or return to (B) otherwise under detention at United SEC. 542. (a) None of the funds in this Act
the United States, or temporary import of States Naval Station, Guantanamo Bay, may be used for design or construction of the
Canadian-origin items from Canada for end Cuba. Mobile Launcher 2 until 30 days after the Ad-
use in the United States or return to Canada SEC. 540. (a) The remaining unobligated ministrator of the National Aeronautics and
for a Canadian citizen. balances of funds as of September 30, 2023, Space Administration (the ‘‘Administrator’’)
(d) The President may require export li- from amounts made available to ‘‘Office of submits a plan to the Committees on Appro-
censes under this section on a temporary the United States Trade Representative— priations of the House of Representatives
basis if the President determines, upon pub- Salaries and Expenses’’ in title IX of the and the Senate (the ‘‘Committees’’), the Gov-
lication first in the Federal Register, that United States-Mexico-Canada Agreement ernment Accountability Office, and the Of-
the Government of Canada has implemented Implementation Act (Public Law 116–113), fice of Inspector General of the National Aer-
or maintained inadequate import controls are hereby rescinded, and an amount of addi- onautics and Space Administration detailing
for the articles specified in subsection (a), tional new budget authority equivalent to a cost and schedule baseline for the Mobile
such that a significant diversion of such arti- the amount rescinded pursuant to this sub- Launcher 2. Such plan shall include each of
cles has and continues to take place for use section is hereby appropriated on September the requirements described in subsection
in international terrorism or in the esca- 30, 2023, for an additional amount for fiscal (c)(2) of section 30104 of title 51, United
lation of a conflict in another nation. The year 2023, to remain available until Sep- States Code, as well as an estimated date for
President shall terminate the requirements tember 30, 2024, and shall be available for the completion of design and construction of the
of a license when reasons for the temporary same purposes, in addition to other funds as Mobile Launcher 2.
requirements have ceased. may be available for such purposes, and (b) Not later than 90 days after the submis-
SEC. 535. Notwithstanding any other provi- under the same authorities for which the sion of the plan described in subsection (a),
sion of law, no department, agency, or in- funds were originally provided in Public Law and every 90 days thereafter, the Adminis-
strumentality of the United States receiving
116–113, except that all references to ‘‘2023’’ trator shall report to the Committees, the
appropriated funds under this Act or any
under such heading in Public Law 116–113 Government Accountability Office, and the
other Act shall obligate or expend in any
shall be deemed to refer instead to ‘‘2024’’. Office of Inspector General of the National
way such funds to pay administrative ex- (b) The remaining unobligated balances of Aeronautics and Space Administration on
penses or the compensation of any officer or
funds as of September 30, 2023, from amounts steps taken to implement such plan.
employee of the United States to deny any
made available to ‘‘Office of the United SEC. 543. (a)(1) Within 45 days of enactment
application submitted pursuant to 22 U.S.C.
States Trade Representative—Trade En- of this Act, the Secretary of Commerce shall
2778(b)(1)(B) and qualified pursuant to 27 CFR
forcement Trust Fund’’ in title IX of the allocate amounts made available from the
section 478.112 or .113, for a permit to import
United States origin ‘‘curios or relics’’ fire- United States-Mexico-Canada Agreement Creating Helpful Incentives to Produce
arms, parts, or ammunition. Implementation Act (Public Law 116–113), Semiconductors (CHIPS) for America Fund
SEC. 536. None of the funds made available are hereby rescinded, and an amount of addi- for fiscal year 2023 pursuant to paragraphs
by this Act may be used to pay the salaries tional new budget authority equivalent to (1) and (2) of section 102(a) of the CHIPS Act
or expenses of personnel to deny, or fail to the amount rescinded pursuant to this sub- of 2022 (division A of Public Law 117–167), in-
act on, an application for the importation of section is hereby appropriated on September cluding the transfer authority in such para-
any model of shotgun if— 30, 2023, for an additional amount for fiscal graphs of that section of that Act, to the ac-
(1) all other requirements of law with re- year 2023, to remain available until Sep- counts specified, in the amounts specified,
spect to the proposed importation are met; tember 30, 2024, and shall be available for the and for the projects and activities specified,
and same purposes, in addition to other funds as in the table titled ‘‘Department of Com-
(2) no application for the importation of may be available for such purposes, and merce Allocation of National Institute of
such model of shotgun, in the same configu- under the same authorities for which the Standards and Technology Funds: CHIPS
ration, had been denied by the Attorney Gen- funds were originally provided in Public Law Act Fiscal Year 2023’’ in the explanatory
eral prior to January 1, 2011, on the basis 116–113, except that the reference to ‘‘2023’’ statement described in section 4 (in the mat-
that the shotgun was not particularly suit- under such heading in Public Law 116–113 ter preceding division A of this consolidated
able for or readily adaptable to sporting pur- shall be deemed to refer instead to ‘‘2024’’. Act).
poses. (c) The amounts rescinded pursuant to this (2) Within 45 days of enactment of this Act,
SEC. 537. None of the funds made available section that were previously designated by the Secretary of Commerce shall allocate
by this Act may be obligated or expended to the Congress as an emergency requirement amounts made available from the Public
implement the Arms Trade Treaty until the pursuant to section 251(b)(2)(A)(i) of the Bal- Wireless Supply Chain Innovation Fund for
Senate approves a resolution of ratification anced Budget and Emergency Deficit Control fiscal year 2023 pursuant to section 106 of the
for the Treaty. Act of 1985 are designated by the Congress as CHIPS Act of 2022 (division A of Public Law
SEC. 538. None of the funds appropriated or an emergency requirement pursuant to sec- 117–167), including the transfer authority in
otherwise made available in this or any tion 4001(a)(1) of S. Con. Res. 14 (117th Con- section 106(b)(2) of that Act, to the accounts
other Act may be used to transfer, release, gress), the concurrent resolution on the specified, in the amounts specified, and for
or assist in the transfer or release to or with- budget for fiscal year 2022, and section 1(e) of the projects and activities specified, in the
in the United States, its territories, or pos- H. Res. 1151 (117th Congress), as engrossed in table titled ‘‘Department of Commerce Allo-
sessions Khalid Sheikh Mohammed or any the House of Representatives on June 8, 2022. cation of National Telecommunications and
other detainee who— (d) Each amount provided by this section is Information Administration Funds: CHIPS
dlhill on DSK120RN23PROD with SENATE
(1) is not a United States citizen or a mem- designated by the Congress as being for an Act Fiscal Year 2023’’ in the explanatory
ber of the Armed Forces of the United emergency requirement pursuant to section statement described in section 4 (in the mat-
States; and 4001(a)(1) of S. Con. Res. 14 (117th Congress), ter preceding division A of this consolidated
(2) is or was held on or after June 24, 2009, the concurrent resolution on the budget for Act).
at the United States Naval Station, Guanta- fiscal year 2022, and section 1(e) of H. Res. (3) Within 45 days of enactment of this Act,
namo Bay, Cuba, by the Department of De- 1151 (117th Congress), as engrossed in the the Director of the National Science Founda-
fense. House of Representatives on June 8, 2022. tion shall allocate amounts made available
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7359
from the Creating Helpful Incentives to permanent change of station travel (includ- duty, and expenses authorized by section
Produce Semiconductors (CHIPS) for Amer- ing all expenses thereof for organizational 16131 of title 10, United States Code; and for
ica Workforce and Education Fund for fiscal movements), and expenses of temporary duty payments to the Department of Defense Mili-
year 2023 pursuant to section 102(d)(1) of the travel between permanent duty stations, for tary Retirement Fund, $5,212,834,000.
CHIPS Act of 2022 (division A of Public Law members of the Army on active duty (except RESERVE PERSONNEL, NAVY
117–167), to the account specified, in the members of reserve components provided for For pay, allowances, clothing, subsistence,
amounts specified, and for the projects and elsewhere), cadets, and aviation cadets; for gratuities, travel, and related expenses for
activities specified in the table titled ‘‘Na- members of the Reserve Officers’ Training personnel of the Navy Reserve on active duty
tional Science Foundation Allocation of Corps; and for payments pursuant to section under section 10211 of title 10, United States
Funds: CHIPS Act Fiscal Year 2023’’ in the 156 of Public Law 97–377, as amended (42 Code, or while serving on active duty under
explanatory statement described in section 4 U.S.C. 402 note), and to the Department of section 12301(d) of title 10, United States
(in the matter preceding division A of this Defense Military Retirement Fund, Code, in connection with performing duty
consolidated Act). $49,628,305,000.
(b) Neither the President nor his designee specified in section 12310(a) of title 10, United
may allocate any amounts that are made MILITARY PERSONNEL, NAVY States Code, or while undergoing reserve
available for any fiscal year under section For pay, allowances, individual clothing, training, or while performing drills or equiv-
102(a)(2)(A) of the CHIPS Act of 2022 or under subsistence, interest on deposits, gratuities, alent duty, and expenses authorized by sec-
section 102(d)(2) of such Act if there is in ef- permanent change of station travel (includ- tion 16131 of title 10, United States Code; and
fect an Act making or continuing appropria- ing all expenses thereof for organizational for payments to the Department of Defense
tions for part of a fiscal year for the Depart- movements), and expenses of temporary duty Military Retirement Fund, $2,400,831,000.
ments of Commerce and Justice, Science, travel between permanent duty stations, for RESERVE PERSONNEL, MARINE CORPS
and Related Agencies: Provided, That in any members of the Navy on active duty (except For pay, allowances, clothing, subsistence,
fiscal year, the matter preceding this proviso members of the Reserve provided for else- gratuities, travel, and related expenses for
shall not apply to the allocation, apportion- where), midshipmen, and aviation cadets; for personnel of the Marine Corps Reserve on ac-
ment, or allotment of amounts for con- members of the Reserve Officers’ Training tive duty under section 10211 of title 10,
tinuing administration of programs allo- Corps; and for payments pursuant to section United States Code, or while serving on ac-
cated funds from the CHIPS for America 156 of Public Law 97–377, as amended (42 tive duty under section 12301(d) of title 10,
Fund, which may be allocated only in U.S.C. 402 note), and to the Department of United States Code, in connection with per-
amounts that are no more than the alloca- Defense Military Retirement Fund, forming duty specified in section 12310(a) of
tion for such purposes in subsection (a) of $36,706,395,000. title 10, United States Code, or while under-
this section. MILITARY PERSONNEL, MARINE CORPS going reserve training, or while performing
(c) Subject to prior consultation with, and drills or equivalent duty, and for members of
the regular notification procedures of, the For pay, allowances, individual clothing,
the Marine Corps platoon leaders class, and
Committees on Appropriations of the House subsistence, interest on deposits, gratuities,
expenses authorized by section 16131 of title
of Representatives and the Senate, and sub- permanent change of station travel (includ-
10, United States Code; and for payments to
ject to the terms and conditions in section ing all expenses thereof for organizational
the Department of Defense Military Retire-
505 of this Act— movements), and expenses of temporary duty
ment Fund, $826,712,000.
(1) the Secretary of Commerce may reallo- travel between permanent duty stations, for
members of the Marine Corps on active duty RESERVE PERSONNEL, AIR FORCE
cate funds allocated to Industrial Tech-
(except members of the Reserve provided for For pay, allowances, clothing, subsistence,
nology Services for section 9906 of Public
elsewhere); and for payments pursuant to gratuities, travel, and related expenses for
Law 116–283 by subsection (a)(1) of this sec-
section 156 of Public Law 97–377, as amended personnel of the Air Force Reserve on active
tion; and
(42 U.S.C. 402 note), and to the Department of duty under sections 10211, 10305, and 8038 of
(2) the Director of the National Science
Defense Military Retirement Fund, title 10, United States Code, or while serving
Foundation may reallocate funds allocated
$15,050,088,000. on active duty under section 12301(d) of title
to the CHIPS for America Workforce and
10, United States Code, in connection with
Education Fund by subsection (a)(3) of this MILITARY PERSONNEL, AIR FORCE
performing duty specified in section 12310(a)
section. For pay, allowances, individual clothing, of title 10, United States Code, or while un-
(d) Concurrent with the annual budget sub- subsistence, interest on deposits, gratuities, dergoing reserve training, or while per-
mission of the President for fiscal year 2024, permanent change of station travel (includ-
the Secretary of Commerce and the Director forming drills or equivalent duty or other
ing all expenses thereof for organizational duty, and expenses authorized by section
of the National Science Foundation, as ap- movements), and expenses of temporary duty
propriate, shall each submit to the Commit- 16131 of title 10, United States Code; and for
travel between permanent duty stations, for payments to the Department of Defense Mili-
tees on Appropriations of the House of Rep- members of the Air Force on active duty (ex-
resentatives and the Senate proposed alloca- tary Retirement Fund, $2,457,519,000.
cept members of reserve components pro-
tions by account and by program, project, or NATIONAL GUARD PERSONNEL, ARMY
vided for elsewhere), cadets, and aviation ca-
activity, with detailed justifications, for dets; for members of the Reserve Officers’ For pay, allowances, clothing, subsistence,
amounts made available under section Training Corps; and for payments pursuant gratuities, travel, and related expenses for
102(a)(2) and section 102(d)(2) of the CHIPS to section 156 of Public Law 97–377, as personnel of the Army National Guard while
Act of 2022 for fiscal year 2024. amended (42 U.S.C. 402 note), and to the De- on duty under sections 10211, 10302, or 12402 of
(e) The Department of Commerce and the title 10 or section 708 of title 32, United
partment of Defense Military Retirement
National Science Foundation, as appro- States Code, or while serving on duty under
Fund, $35,427,788,000.
priate, shall each provide the Committees on section 12301(d) of title 10 or section 502(f) of
Appropriations of the House of Representa- MILITARY PERSONNEL, SPACE FORCE title 32, United States Code, in connection
tives and Senate quarterly reports on the For pay, allowances, individual clothing, with performing duty specified in section
status of balances of projects and activities subsistence, interest on deposits, gratuities, 12310(a) of title 10, United States Code, or
funded by the CHIPS for America Fund for permanent change of station travel (includ- while undergoing training, or while per-
amounts allocated pursuant to subsection ing all expenses thereof for organizational forming drills or equivalent duty or other
(a)(1) of this section, the status of balances movements), and expenses of temporary duty duty, and expenses authorized by section
of projects and activities funded by the Pub- travel between permanent duty stations, for 16131 of title 10, United States Code; and for
lic Wireless Supply Chain Innovation Fund members of the Space Force on active duty payments to the Department of Defense Mili-
for amounts allocated pursuant to sub- and cadets; for members of the Reserve Offi- tary Retirement Fund, $9,232,554,000.
section (a)(2) of this section, and the status cers’ Training Corps; and for payments pur- NATIONAL GUARD PERSONNEL, AIR FORCE
of balances of projects and activities funded suant to section 156 of Public Law 97–377, as
For pay, allowances, clothing, subsistence,
by the CHIPS for America Workforce and amended (42 U.S.C. 402 note), and to the De-
Education Fund for amounts allocated pur- gratuities, travel, and related expenses for
partment of Defense Military Retirement
suant to subsection (a)(3) of this section, in- personnel of the Air National Guard on duty
Fund, $1,109,400,000.
cluding all uncommitted, committed, and under sections 10211, 10305, or 12402 of title 10
RESERVE PERSONNEL, ARMY or section 708 of title 32, United States Code,
unobligated funds.
This division may be cited as the ‘‘Com- For pay, allowances, clothing, subsistence, or while serving on duty under section
merce, Justice, Science, and Related Agen- gratuities, travel, and related expenses for 12301(d) of title 10 or section 502(f) of title 32,
cies Appropriations Act, 2023’’. personnel of the Army Reserve on active United States Code, in connection with per-
DIVISION C—DEPARTMENT OF DEFENSE duty under sections 10211, 10302, and 7038 of forming duty specified in section 12310(a) of
dlhill on DSK120RN23PROD with SENATE
APPROPRIATIONS ACT, 2023 title 10, United States Code, or while serving title 10, United States Code, or while under-
on active duty under section 12301(d) of title going training, or while performing drills or
TITLE I 10, United States Code, in connection with equivalent duty or other duty, and expenses
MILITARY PERSONNEL performing duty specified in section 12310(a) authorized by section 16131 of title 10, United
MILITARY PERSONNEL, ARMY of title 10, United States Code, or while un- States Code; and for payments to the Depart-
For pay, allowances, individual clothing, dergoing reserve training, or while per- ment of Defense Military Retirement Fund,
subsistence, interest on deposits, gratuities, forming drills or equivalent duty or other $4,913,538,000.
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S7360 CONGRESSIONAL RECORD — SENATE December 19, 2022
TITLE II and evaluation appropriations, to be merged retary determines that such provision of law
OPERATION AND MAINTENANCE with and to be available for the same time would prohibit, restrict, delay or otherwise
period as the appropriations to which trans- limit the provision of such assistance and a
OPERATION AND MAINTENANCE, ARMY
ferred: Provided further, That any ceiling on notice of and justification for such waiver is
For expenses, not otherwise provided for, the investment item unit cost of items that submitted to the congressional defense com-
necessary for the operation and maintenance may be purchased with operation and main- mittees, the Committees on Appropriations
of the Army, as authorized by law, tenance funds shall not apply to the funds and Foreign Relations of the Senate and the
$59,015,977,000: Provided, That not to exceed described in the preceding proviso: Provided Committees on Appropriations and Foreign
$12,478,000 may be used for emergencies and further, That of the funds provided under this Affairs of the House of Representatives: Pro-
extraordinary expenses, to be expended upon heading, $2,467,009,000, of which $1,510,260,000, vided further, That the United States may ac-
the approval or authority of the Secretary of to remain available until September 30, 2024, cept equipment procured using funds pro-
the Army, and payments may be made upon shall be available to provide support and as- vided under this heading, or under the head-
the Secretary’s certificate of necessity for sistance to foreign security forces or other ing, ‘‘Iraq Train and Equip Fund’’ in prior
confidential military purposes. groups or individuals to conduct, support or Acts, that was transferred to security forces,
OPERATION AND MAINTENANCE, NAVY facilitate counterterrorism, crisis response, irregular forces, or groups participating, or
For expenses, not otherwise provided for, or other Department of Defense security co- preparing to participate in activities to
necessary for the operation and maintenance operation programs: Provided further, That counter the Islamic State of Iraq and Syria
of the Navy and the Marine Corps, as author- the Secretary of Defense shall provide quar- and returned by such forces or groups to the
ized by law, $68,260,046,000: Provided, That not terly reports to the Committees on Appro- United States, and such equipment may be
to exceed $15,055,000 may be used for emer- priations of the House of Representatives treated as stocks of the Department of De-
gencies and extraordinary expenses, to be ex- and the Senate on the use and status of funds fense upon written notification to the con-
pended upon the approval or authority of the made available in this paragraph: Provided gressional defense committees: Provided fur-
Secretary of the Navy, and payments may be further, That the transfer authority provided ther, That equipment procured using funds
made upon the Secretary’s certificate of ne- under this heading is in addition to any provided under this heading, or under the
cessity for confidential military purposes. other transfer authority provided elsewhere heading, ‘‘Iraq Train and Equip Fund’’ in
OPERATION AND MAINTENANCE, MARINE CORPS in this Act. prior Acts, and not yet transferred to secu-
COUNTER-ISIS TRAIN AND EQUIP FUND rity forces, irregular forces, or groups par-
For expenses, not otherwise provided for,
For the ‘‘Counter-Islamic State of Iraq and ticipating, or preparing to participate in ac-
necessary for the operation and maintenance
Syria Train and Equip Fund’’, $475,000,000, to tivities to counter the Islamic State of Iraq
of the Marine Corps, as authorized by law,
remain available until September 30, 2024: and Syria may be treated as stocks of the
$9,891,998,000.
Provided, That such funds shall be available Department of Defense when determined by
OPERATION AND MAINTENANCE, AIR FORCE to the Secretary of Defense in coordination the Secretary to no longer be required for
For expenses, not otherwise provided for, with the Secretary of State, to provide as- transfer to such forces or groups and upon
necessary for the operation and maintenance sistance, including training; equipment; lo- written notification to the congressional de-
of the Air Force, as authorized by law, gistics support, supplies, and services; sti- fense committees: Provided further, That the
$60,279,937,000: Provided, That not to exceed pends; infrastructure repair and renovation; Secretary of Defense shall provide quarterly
$7,699,000 may be used for emergencies and construction for facility fortification and reports to the congressional defense commit-
extraordinary expenses, to be expended upon humane treatment; and sustainment, to for- tees on the use of funds provided under this
the approval or authority of the Secretary of eign security forces, irregular forces, groups, heading, including, but not limited to, the
the Air Force, and payments may be made or individuals participating, or preparing to number of individuals trained, the nature
upon the Secretary’s certificate of necessity participate in activities to counter the Is- and scope of support and sustainment pro-
for confidential military purposes. lamic State of Iraq and Syria, and their af- vided to each group or individual, the area of
OPERATION AND MAINTENANCE, SPACE FORCE filiated or associated groups: Provided fur- operations for each group, and the contribu-
ther, That amounts made available under tions of other countries, groups, or individ-
For expenses, not otherwise provided for,
this heading shall be available to provide as- uals.
necessary for the operation and maintenance
of the Space Force, as authorized by law, sistance only for activities in a country des-
OPERATION AND MAINTENANCE, ARMY
$4,086,883,000. ignated by the Secretary of Defense, in co-
RESERVE
ordination with the Secretary of State, as
OPERATION AND MAINTENANCE, DEFENSE-WIDE
having a security mission to counter the Is- For expenses, not otherwise provided for,
(INCLUDING TRANSFER OF FUNDS) lamic State of Iraq and Syria, and following necessary for the operation and mainte-
For expenses, not otherwise provided for, written notification to the congressional de- nance, including training, organization, and
necessary for the operation and maintenance fense committees of such designation: Pro- administration, of the Army Reserve; repair
of activities and agencies of the Department vided further, That the Secretary of Defense of facilities and equipment; hire of passenger
of Defense (other than the military depart- shall ensure that prior to providing assist- motor vehicles; travel and transportation;
ments), as authorized by law, $49,574,779,000: ance to elements of any forces or individuals, care of the dead; recruiting; procurement of
Provided, That not more than $2,981,000 may such elements or individuals are appro- services, supplies, and equipment; and com-
be used for the Combatant Commander Ini- priately vetted, including at a minimum, as- munications, $3,206,434,000.
tiative Fund authorized under section 166a of sessing such elements for associations with
title 10, United States Code: Provided further, terrorist groups or groups associated with OPERATION AND MAINTENANCE, NAVY RESERVE
That not to exceed $36,000,000 may be used the Government of Iran; and receiving com- For expenses, not otherwise provided for,
for emergencies and extraordinary expenses, mitments from such elements to promote re- necessary for the operation and mainte-
to be expended upon the approval or author- spect for human rights and the rule of law: nance, including training, organization, and
ity of the Secretary of Defense, and pay- Provided further, That the Secretary of De- administration, of the Navy Reserve; repair
ments may be made upon the Secretary’s fense shall, not fewer than 15 days prior to of facilities and equipment; hire of passenger
certificate of necessity for confidential mili- obligating from this appropriation account, motor vehicles; travel and transportation;
tary purposes: Provided further, That of the notify the congressional defense committees care of the dead; recruiting; procurement of
funds provided under this heading, not less in writing of the details of any such obliga- services, supplies, and equipment; and com-
than $55,000,000 shall be made available for tion: Provided further, That the Secretary of munications, $1,278,050,000.
the Procurement Technical Assistance Coop- Defense may accept and retain contribu-
erative Agreement Program, of which not tions, including assistance in-kind, from for- OPERATION AND MAINTENANCE, MARINE CORPS
less than $5,000,000 shall be available for cen- eign governments, including the Government RESERVE
ters defined in 10 U.S.C. 2411(1)(D): Provided of Iraq and other entities, to carry out as-
further, That none of the funds appropriated sistance authorized under this heading: Pro- For expenses, not otherwise provided for,
or otherwise made available by this Act may vided further, That contributions of funds for necessary for the operation and mainte-
be used to plan or implement the consolida- the purposes provided herein from any for- nance, including training, organization, and
tion of a budget or appropriations liaison of- eign government or other entity may be administration, of the Marine Corps Reserve;
fice of the Office of the Secretary of Defense, credited to this Fund, to remain available repair of facilities and equipment; hire of
the office of the Secretary of a military de- until expended, and used for such purposes: passenger motor vehicles; travel and trans-
partment, or the service headquarters of one Provided further, That the Secretary of De- portation; care of the dead; recruiting; pro-
of the Armed Forces into a legislative affairs fense shall prioritize such contributions curement of services, supplies, and equip-
dlhill on DSK120RN23PROD with SENATE
or legislative liaison office: Provided further, when providing any assistance for construc- ment; and communications, $347,633,000.
That $49,071,000 to remain available until ex- tion for facility fortification: Provided fur- OPERATION AND MAINTENANCE, AIR FORCE
pended, is available only for expenses relat- ther, That the Secretary of Defense may RESERVE
ing to certain classified activities, and may waive a provision of law relating to the ac-
be transferred as necessary by the Secretary quisition of items and support services or For expenses, not otherwise provided for,
of Defense to operation and maintenance ap- sections 40 and 40A of the Arms Export Con- necessary for the operation and mainte-
propriations or research, development, test trol Act (22 U.S.C. 2780 and 2785) if the Sec- nance, including training, organization, and
VerDate Sep 11 2014 09:36 Dec 20, 2022 Jkt 039060 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\CR\FM\A19DE6.018 S19DEPT1
December 19, 2022 CONGRESSIONAL RECORD — SENATE S7361
administration, of the Air Force Reserve; re- ENVIRONMENTAL RESTORATION, NAVY ardous waste, removal of unsafe buildings
pair of facilities and equipment; hire of pas- (INCLUDING TRANSFER OF FUNDS) and debris at sites formerly used by the De-
senger motor vehicles; travel and transpor- For the Department of the Navy, partment of Defense, transfer the funds made
tation; care of the dead; recruiting; procure- $400,113,000, to remain available until trans- available by this appropriation to other ap-
ment of services, supplies, and equipment; ferred: Provided, That the Secretary of the propriations made available to the Depart-
and communications, $3,700,800,000. Navy shall, upon determining that such ment of the Army, to be merged with and to
OPERATION AND MAINTENANCE, ARMY funds are required for environmental res- be available for the same purposes and for
NATIONAL GUARD toration, reduction and recycling of haz- the same time period as the appropriations
ardous waste, removal of unsafe buildings to which transferred: Provided further, That
For expenses of training, organizing, and upon a determination that all or part of the
administering the Army National Guard, in- and debris of the Department of the Navy, or
for similar purposes, transfer the funds made funds transferred from this appropriation are
cluding medical and hospital treatment and not necessary for the purposes provided here-
related expenses in non-Federal hospitals; available by this appropriation to other ap-
propriations made available to the Depart- in, such amounts may be transferred back to
maintenance, operation, and repairs to this appropriation: Provided further, That the
structures and facilities; hire of passenger ment of the Navy, to be merged with and to
be available for the same purposes and for transfer authority provided under this head-
motor vehicles; personnel services in the Na- ing is in addition to any other transfer au-
tional Guard Bureau; travel expenses (other the same time period as the appropriations
to which transferred: Provided further, That thority provided elsewhere in this Act.
than mileage), as authorized by law for
upon a determination that all or part of the OVERSEAS HUMANITARIAN, DISASTER, AND
Army personnel on active duty, for Army
funds transferred from this appropriation are CIVIC AID
National Guard division, regimental, and
battalion commanders while inspecting units not necessary for the purposes provided here- For expenses relating to the Overseas Hu-
in compliance with National Guard Bureau in, such amounts may be transferred back to manitarian, Disaster, and Civic Aid pro-
regulations when specifically authorized by this appropriation: Provided further, That the grams of the Department of Defense (con-
the Chief, National Guard Bureau; supplying transfer authority provided under this head- sisting of the programs provided under sec-
and equipping the Army National Guard as ing is in addition to any other transfer au- tions 401, 402, 404, 407, 2557, and 2561 of title
authorized by law; and expenses of repair, thority provided elsewhere in this Act. 10, United States Code), $170,000,000, to re-
modification, maintenance, and issue of sup- ENVIRONMENTAL RESTORATION, AIR FORCE main available until September 30, 2024: Pro-
plies and equipment (including aircraft), (INCLUDING TRANSFER OF FUNDS)
vided, That such amounts shall not be sub-
$8,299,187,000. ject to the limitation in section 407(c)(3) of
For the Department of the Air Force, title 10, United States Code.
OPERATION AND MAINTENANCE, AIR NATIONAL $573,810,000, to remain available until trans-
ferred: Provided, That the Secretary of the COOPERATIVE THREAT REDUCTION ACCOUNT
GUARD
Air Force shall, upon determining that such For assistance, including assistance pro-
For expenses of training, organizing, and vided by contract or by grants, under pro-
funds are required for environmental res-
administering the Air National Guard, in- grams and activities of the Department of
toration, reduction and recycling of haz-
cluding medical and hospital treatment and Defense Cooperative Threat Reduction Pro-
ardous waste, removal of unsafe buildings
related expenses in non-Federal hospitals; gram authorized under the Department of
and debris of the Department of the Air
maintenance, operation, and repairs to Defense Cooperative Threat Reduction Act,
Force, or for similar purposes, transfer the
structures and facilities; transportation of $351,598,000, to remain available until Sep-
funds made available by this appropriation
things, hire of passenger motor vehicles; sup- tember 30, 2025.
to other appropriations made available to
plying and equipping the Air National
the Department of the Air Force, to be DEPARTMENT OF DEFENSE ACQUISITION
Guard, as authorized by law; expenses for re-
merged with and to be available for the same WORKFORCE DEVELOPMENT ACCOUNT
pair, modification, maintenance, and issue of
purposes and for the same time period as the For the Department of Defense Acquisition
supplies and equipment, including those fur-
appropriations to which transferred: Provided Workforce Development Account,
nished from stocks under the control of
further, That upon a determination that all $111,791,000: Provided, That no other amounts
agencies of the Department of Defense; trav-
or part of the funds transferred from this ap- may be otherwise credited or transferred to
el expenses (other than mileage) on the same
propriation are not necessary for the pur- the Account, or deposited into the Account,
basis as authorized by law for Air National
poses provided herein, such amounts may be in fiscal year 2023 pursuant to section 1705(d)
Guard personnel on active Federal duty, for
transferred back to this appropriation: Pro- of title 10, United States Code.
Air National Guard commanders while in-
vided further, That the transfer authority TITLE III
specting units in compliance with National
provided under this heading is in addition to
Guard Bureau regulations when specifically PROCUREMENT
any other transfer authority provided else-
authorized by the Chief, National Guard Bu- AIRCRAFT PROCUREMENT, ARMY
where in this Act.
reau, $7,382,079,000. For construction, procurement, produc-
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
UNITED STATES COURT OF APPEALS FOR THE tion, modification, and modernization of air-
(INCLUDING TRANSFER OF FUNDS)
ARMED FORCES craft, equipment, including ordnance, ground
For the Department of Defense, $10,979,000, handling equipment, spare parts, and acces-
For salaries and expenses necessary for the
to remain available until transferred: Pro- sories therefor; specialized equipment and
United States Court of Appeals for the
vided, That the Secretary of Defense shall, training devices; expansion of public and pri-
Armed Forces, $16,003,000, of which not to ex-
upon determining that such funds are re- vate plants, including the land necessary
ceed $10,000 may be used for official represen-
quired for environmental restoration, reduc- therefor, for the foregoing purposes, and
tation purposes.
tion and recycling of hazardous waste, re- such lands and interests therein, may be ac-
ENVIRONMENTAL RESTORATION, ARMY moval of unsafe buildings and debris of the quired, and construction prosecuted thereon
(INCLUDING TRANSFER OF FUNDS) Department of Defense, or for similar pur- prior to approval of title; and procurement
poses, transfer the funds made available by and installation of equipment, appliances,
For the Department of the Army, this appropriation to other appropriations
$324,500,000, to remain available until trans- and machine tools in public and private
made available to the Department of De- plants; reserve plant and Government and
ferred: Provided, That the Secretary of the fense, to be merged with and to be available
Army shall, upon determining that such contractor-owned equipment layaway; and
for the same purposes and for the same time other expenses necessary for the foregoing
funds are required for environmental res- period as the appropriations to which trans-
toration, reduction and recycling of haz- purposes, $3,847,834,000, to remain available
ferred: Provided further, That upon a deter- for obligation until September 30, 2025.
ardous waste, removal of unsafe buildings mination that all or part of the funds trans-
and debris of the Department of the Army, MISSILE PROCUREMENT, ARMY
ferred from this appropriation are not nec-
or for similar purposes, transfer the funds essary for the purposes provided herein, such For construction, procurement, produc-
made available by this appropriation to amounts may be transferred back to this ap- tion, modification, and modernization of
other appropriations made available to the propriation: Provided further, That the trans- missiles, equipment, including ordnance,
Department of the Army, to be merged with fer authority provided under this heading is ground handling equipment, spare parts, and
and to be available for the same purposes in addition to any other transfer authority accessories therefor; specialized equipment
and for the same time period as the appro- provided elsewhere in this Act. and training devices; expansion of public and
priations to which transferred: Provided fur- private plants, including the land necessary
ther, That upon a determination that all or ENVIRONMENTAL RESTORATION, FORMERLY therefor, for the foregoing purposes, and
part of the funds transferred from this appro- USED DEFENSE SITES such lands and interests therein, may be ac-
dlhill on DSK120RN23PROD with SENATE
priation are not necessary for the purposes (INCLUDING TRANSFER OF FUNDS) quired, and construction prosecuted thereon
provided herein, such amounts may be trans- For the Department of the Army, prior to approval of title; and procurement
ferred back to this appropriation: Provided $317,580,000, to remain available until trans- and installation of equipment, appliances,
further, That the transfer authority provided ferred: Provided, That the Secretary of the and machine tools in public and private
under this heading is in addition to any Army shall, upon determining that such plants; reserve plant and Government and
other transfer authority provided elsewhere funds are required for environmental res- contractor-owned equipment layaway; and
in this Act. toration, reduction and recycling of haz- other expenses necessary for the foregoing
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