Congressional Record — Senate, S8553 (December 20, 2022)
Summary
The Congressional Record, Senate, Vol. 168, No. 198, Book II, dated Tuesday, December 20, 2022, for the 117th Congress, Second Session. It carries the Explanatory Statement submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations, regarding H.R. 2617, the Consolidated Appropriations Act, 2023. The pages read cover Division F, the Department of Homeland Security Appropriations Act, 2023, which the statement says sustains existing programs that protect the nation and sets the joint explanatory statement as an indication of congressional intent. For the Office of the Secretary and Executive Management the agreement includes an increase of $45,566,000 above the budget request, and it directs a biometric exit expenditure plan within 30 days of enactment.
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Congressional Record
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117 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 168 WASHINGTON, TUESDAY, DECEMBER 20, 2022 No. 198—Book II
Senate
EXPLANATORY STATEMENT SUB- of Homeland Security; ‘‘component’’ should sure the Department has clearly delineated
MITTED BY MR. LEAHY, CHAIR be interpreted to mean an agency, adminis- roles and responsibilities for each of its over-
OF THE SENATE COMMITTEE ON tration, or directorate within DHS; any ref- sight bodies, while also preserving the inde-
erence to SLTT should be interpreted to pendence and authorities of the DHS Office
APPROPRIATIONS, REGARDING
mean state, local, tribal, and territorial gov- of the Inspector General (OIG); to brief the
H.R. 2617, CONSOLIDATED APPRO- ernments; and ‘‘budget request’’ or ‘‘the re- Committees not later than 90 days after the
PRIATIONS ACT, 2023 quest’’ should be interpreted to mean the date of enactment of that Act on the interim
The following is an explanation of budget of the U.S. Government for fiscal findings of the review; and to issue a revised
the Consolidated Appropriations Act, year 2023 that was submitted to Congress on directive, as warranted by the review, not
March 28, 2022. later than 180 days after the date of enact-
2023.
TITLE I—DEPARTMENTAL MANAGE- ment of this Act. The Department is directed
MENT, INTELLIGENCE, SITUATIONAL to immediately comply with the overdue re-
DIVISION F—DEPARTMENT OF HOME-
AWARENESS, AND OVERSIGHT quirements of this directive.
LAND SECURITY APPROPRIATIONS ACT,
2023 OFFICE OF THE SECRETARY AND EXECUTIVE Office of Strategy, Policy, and Plans
The following is an explanation of Division MANAGEMENT Advance Requests for Protection.—Within 180
F, which makes appropriations for the De- OPERATIONS AND SUPPORT days of the date of enactment of this Act,
partment of Homeland Security (DHS) for the Office of Strategy, Policy, and Plans
The agreement includes an increase of
fiscal year 2023. Funding provided in this (OSPP), in consultation with the State De-
$45,566,000 above the budget request, includ-
agreement sustains existing programs that partment, shall submit to the Committees
ing program increases above the request of
protect the nation from all manner of an assessment of the United for Ukraine pro-
$365,000 for the Office of Legislative Affairs
threats and ensures DHS’s ability to improve gram and the factors to be considered in any
(OLA); $10,414,000 for the Office of Strategy,
preparedness at the federal, state, local, trib- effort to apply related methods more broad-
Policy, and Plans; $22,266,000 for the Office of
al, and territorial levels; prevent and re- ly.
Health Security; $7,157,000 for the Office for
spond to terrorist attacks; and hire, train, Biometric Exit.—Not later than 30 days after
Civil Rights and Civil Liberties (CRCL);
and equip DHS frontline personnel pro- the date of enactment of this Act, the OSPP
$7,311,000 for the Office of the Immigration
tecting the country. is directed to provide an expenditure plan for
Detention Ombudsman (OIDO); and $2,256,000
The joint explanatory statement (JES) ac- H–1B and L–1 fee revenue and any other re-
for the Office of Partnership and Engage-
companying this division indicates congres- sources to be applied to biometric exit im-
ment (OPE). Within the total amount pro-
sional intent. Unless otherwise specifically plementation. Not later than 180 days after
vided, $18,862,000 is made available for two
noted in this JES, directives set forth in the date of enactment of this Act, OSPP
fiscal years, including $14,862,000 for the Of-
House Report 117–396 carry the same weight shall brief the Committees on its ongoing ef-
fice of Health Security and $4,000,000 for
as those included in the JES. While some di- forts to address entry and exit data collec-
OIDO. The bill does not provide the re-
rectives from the House report may be re- tion and exchange in the air, land, and sea
quested transfer of the Office for Faith-Based
peated in the JES for emphasis, this should border environments.
and Neighborhood Partnerships into OPE
not be interpreted as establishing other di- Border-Related Data and Transparency.—
from the Federal Emergency Management
rectives from the House report as lesser pri- Within 30 days of the date of enactment of
Agency and does not include the requested
orities. this Act and quarterly thereafter, the De-
transfer of the Blue Campaign out of OPE to
References in the JES to ‘‘the Commit- partment, in consultation with other appro-
U.S. Immigration and Customs Enforcement
tees’’ or ‘‘the Committees on Appropria- priate federal officials, shall submit to the
(ICE).
tions’’ should be interpreted as both the Committees sector level, monthly apprehen-
House Appropriations Subcommittee on Management and Oversight sion data and estimates of the numbers of
Homeland Security and the Senate Appro- Caseloads and Staffing.—Within 90 days of ‘‘turn backs’’ and ‘‘got aways,’’ as defined by
priations Subcommittee on Homeland Secu- the date of enactment of this Act, the Office section 223 of title 6, United States Code. In
rity. of General Counsel (OGC) shall brief the addition, CBP is directed to ensure a review
This JES refers to certain entities, per- Committees on the current average caseload by third party statistical experts on the cur-
sons, funds, and documents as follows: the per attorney, along with staffing levels, rent process, assumptions, and formulas used
Department of Homeland Security is ref- goals, and requirements by division. to derive ‘‘got away’’ estimates and any pro-
erenced as DHS or the Department; the Gov- Joint Requirements Council (JRC).—The Of- posed changes to improve them, including
ernment Accountability Office is referenced fice of the Secretary is directed to continue any proposed changes to statutory defini-
as GAO; and the Office of Inspector General to provide quarterly briefings on the JRC, tions. CBP shall provide the Committees
of the Department of Homeland Security is which shall include—at a minimum—the with the findings and recommendations from
referenced as OIG. In addition, ‘‘full-time identification of specific accomplishments the review, including a description of any
equivalents’’ are referred to as FTE; ‘‘full- for the preceding quarter, particularly those steps the agency plans to take based on
time positions’’ are referenced as FTP; ‘‘In- that have resulted in resource realignment. them.
formation Technology’’ is referred to as IT; Management Directive 0810.1.—Division F of Charging Document Backlog.—Within 30
‘‘program, project, and activity’’ is referred the explanatory statement accompanying days of the date of enactment of this Act,
to as PPA; any reference to ‘‘the Secretary’’ Public Law 117–103 directed the Secretary to OSPP shall provide to the Committees a plan
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should be interpreted to mean the Secretary review Management Directive 0810.1 to en- to avoid the release of noncitizens into the
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S8553
.
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S8554 CONGRESSIONAL RECORD — SENATE December 20, 2022
interior of the United States without valid ment of this Act, the Department shall pro- centage in executive and supervisory posi-
charging documents, as well as a plan to de- vide a briefing to the Committees on an obli- tions. In addition, the briefing shall identify
crease the ICE backlog for issuing charging gation plan for the OHSS and anticipated planned recruitment and retention efforts by
documents, which shall include any nec- milestones for independent reporting on the component for fiscal years 2023 and 2024; any
essary resource requirements. Department’s immigration activities and for unmet funding requirements for improving
Detention Report.—The Department is re- its planned expansion to other homeland se- those efforts, by component and with com-
minded of the reporting requirement pursu- curity data domains. The briefing shall also parisons to similar efforts by other federal
ant to section 1386(b) of title 8, United States address the role of the DHS Statistical Offi- law enforcement agencies, including the De-
Code, which should be submitted to the Com- cial in overseeing the Department’s statis- partment of Justice; and recommendations,
mittees on the Judiciary and Appropriations tical reporting standards and ensuring con- by component, for new or expanded programs
of the Senate and House of Representatives sistency in the Department’s public report- or efforts.
not later than 180 days after the date of en- ing. Visa Overstays.—Consistent with section
actment of this Act. Parole Requests.—Division F of the explana- 1376 of title 8, United States Code, the De-
Family Separation-Extended Families.—The tory statement accompanying Public Law partment is directed to submit an updated
Department shall continue to follow the di- 117–103 directed the Department to provide report outlining its comprehensive strategy
rectives under this subject heading in the ex- quarterly reports on the number of parole re- for overstay enforcement and deterrence not
planatory statement accompanying the fis- quests received and granted, and for those later than 180 days after the date of enact-
cal year 2022 Act (Public Law 117–103) accord- granted, the rationale for each grant and its ment of this Act. The report shall detail on-
ing to the previously directed timeframes, duration. The reports shall delineate re- going actions to identify aliens who have
reporting requirements and other required quests received and granted by entity, in- overstayed their visas, including efforts to
actions. cluding ICE, CBP, and USCIS. The Depart- improve overstay reporting capabilities; no-
Family Separation and Reunification.—The ment shall continue to work with the Com- tify aliens in advance of their required de-
Department shall continue to follow the di- mittees to begin providing all the required parture dates; track overstays for enforce-
rectives under this subject heading in the ex- data in a satisfactory and timely manner. ment action; refuse or revoke current and fu-
planatory statement accompanying the fis- Records Management.—The Department is ture visas and travel authorization; and oth-
cal year 2022 Act (Public Law 117–103) accord- expected to maintain records and respond to erwise deter violations or take enforcement
ing to the previously directed timeframes, records requests according to the require- action.
reporting requirements and other required ments of section 552 of title 5, United States Operations and Engagement
actions. Code, for information related to all detainees Blue Campaign.—The Department is di-
Human Trafficking and Child Exploitation.— in the custody of the Department, regardless rected to account for and propose full direct
OSPP is directed to brief the Committees of whether such detainees are housed in a funding for program operations in the jus-
semiannually on department-wide efforts to federal or non-federal detention facility. tification materials that accompany future
combat human trafficking and child exploi- Records should only be withheld from disclo- budget submissions. Any transfer of funds to
tation and to continue to provide the study sure if the Department can reasonably fore- the Center for Combatting Human Traf-
required in the Trafficking Victims Protec- see that disclosure would harm an interest ficking from OSEM or any other account re-
tion Reauthorization Act of 2008 (Public Law protected by an exemption described in sec- quires a notification under section 503(c) of
110–457). tion 552(b) of title 5, United States Code, or this Act.
Informational Report on Departmental In- is otherwise prohibited by law. External Communication—Within 90 days of
spections.—Within 180 days of the date of en- Small Unmanned Aerial Vehicles (sUAS).— the date of enactment of this Act, the De-
actment of this Act, OSPP is directed to Until national security requirements for pro- partment shall brief the Committees on op-
produce a report that examines and summa- curing sUAS are in place, no funds in this tions for strengthening external communica-
rizes the roles, responsibilities, and scope of Act shall be used to procure sUAS without a tions and engagement within OSEM, includ-
work of all departmental entities that en- certification of review of the industry alert ing communications and information shar-
gage in detention oversight, including within and any subsequent UAS guidance and the ing with the Committees. The briefing shall
components. The report shall include all completion of a risk assessment that con- include an analysis of whether the current
Memoranda of Understanding currently in siders the proposed use of foreign-made UAS. alignment of external facing offices in OSEM
place concerning the scope, roles, and re- OSPP is directed to continue to review do- creates stovepipes and hurdles to clear com-
sponsibilities related to detention oversight mestically produced sUAS alternatives and munication related to the Department’s op-
erations. The briefing shall include rec-
for all departmental entities, including all update guidance as appropriate.
Southwest Border Security and Prepared- ommended options to consolidate and re-
relevant citations to each entity’s authority.
Law Enforcement Support.—Not later than ness.—On April 26, 2022, the Secretary issued align external facing offices and assess how
a Department-wide plan to manage an un- that will support more comprehensive and
45 days after the date of enactment of this
accurate engagement and communications.
Act, and quarterly thereafter, the Secretary precedented number of noncitizens crossing
Office of Civil Rights and Civil Liberties
shall make available a report on a publicly the southwest border while continuing to se- (CRCL).—The agreement includes an in-
accessible website that includes data on re- cure the border, including through inter- crease of $7,157,000 above the request, includ-
quests to any law enforcement component of dicting narcotics and other illicit goods. ing an increase of $250,000 for management
the Department of Homeland Security for Within 120 days of the date of enactment of and administration of the Alternatives to
law enforcement support in the form of per- this Act, OSPP is directed to report on the Detention (ATD) Case Management Pilot
sonnel, aircraft, or other assets. The Depart- status of implementing the plan, including Program (CMPP); $4,901,000 to restore and
ment is directed to continue to work with changes in processing, transportation, hold- annualize enhancements in the fiscal year
the Committees on the format and content ing, and medical services capacities. The re- 2022 funding Act for ATD–CMPP administra-
of the report as described in the explanatory port shall include a detailed accounting of tion ($750,000), Women, Peace, and Security
statement accompanying division F of Pub- the funding supporting implementation of Act implementation ($580,000), and CRCL
lic Law 117–103. the plan and a description of related partner- staffing ($3,571,000); and $2,006,000 to restore
Messaging Impacts on Irregular Migration.— ships with other federal agencies, state and proposed cuts related to contract support
Within 60 days of the date of enactment of local governments, foreign governments, and that were not justified.
this Act, OSPP shall brief the Committees nongovernmental organizations providing OIDO.—The agreement includes $7,311,000
on its messaging efforts to discourage irreg- services in support of the plan. above the request, including $3,310,000 to re-
ular migration to the United States, includ- Tribal Consultation.—Within 180 days of the store an enhancement provided in fiscal year
ing an assessment on the efficacy of various date of enactment of this Act, the Depart- 2022 and an additional enhancement of
messaging strategies and media. ment shall consult and work with Tribes to $4,000,000 to help OIDO to continue expanding
Migration Analysis Center (MAC).—The improve the mandatory base level training toward full operational capacity. The addi-
agreement includes an increase of $6,514,000 course for Department personnel, including tional funds are intended to support the hir-
above the request for MAC, of which contractors, who regularly interact with ing of permanent OIDO staff, in addition to
$5,499,000 is to restore and annualize the cost tribal members or are likely to encounter support contracts.
of funding provided in fiscal year 2022 to es- tribal members at their duty station. Outreach to Tribes and Rural Areas.—The
tablish the MAC and $1,015,000 is for an addi- Women in Law Enforcement.—Within 90 days Office of Partnership and Engagement is di-
tional enhancement, including for additional of the date of enactment of this Act, OSPP rected to brief the Committees not later
FTE. OSPP is directed to ensure that fund- shall brief the Committees on efforts to re- than 90 days after the date of enactment of
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ing and personnel resources for the MAC are cruit and retain women in law enforcement this Act on its outreach efforts to rural com-
clearly described in future budget requests. across the Department. At a minimum, the munities and tribes in support of the home-
Office of Immigration Statistics (OIS).—The briefing shall include an overview of current land security mission.
agreement includes $3,900,000 above the re- efforts, by component, along with base fund- PROCUREMENT, CONSTRUCTION, AND
quest for OIS to address an increasing work- ing for such efforts; an assessment of the IMPROVEMENTS
load and to establish a new Office of Home- success of current efforts, including the The agreement provides $8,048,000 for the
land Security Statistics (OHSS) that will op- metrics used by fiscal year; and the current Office of Health Security for the Medical In-
erate as an independent statistical unit. Not percentage of women in law enforcement po- formation Exchange. No funding was pro-
later than 120 days after the date of enact- sitions, by component, including the per- posed for this account.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8555
FEDERAL ASSISTANCE provide a report to the Committees with rec- DHS Headquarters Consolidation.—Within 60
The agreement provides an increase of ommendations on how the Department may days of the date of enactment of this Act,
$15,000,000 above the request for ATD–CMPP. procure additional items from domestic the Department shall brief the Committees
MANAGEMENT DIRECTORATE sources and bolster the domestic supply on an updated master plan for St. Elizabeths,
chain for items related to national security. to include an updated Estimated Implemen-
OPERATIONS AND SUPPORT
The report shall include a status of the com- tation Costs and Date of Occupancy list and
The agreement includes an overall de- pliance of the Department with the require- a detailed plan for the average number of
crease of $10,265,000 below the request. It in- ments under section 604 of title VI of divi- federal employees, by component, who are
cludes increases of $36,092,000 for Automated sion A of the American Recovery and Rein- slated to work on-site at the St. Elizabeths
Biometric Identification System (IDENT) vestment Act of 2009 (6 U.S.C. 453b). Addi- campus and the average number who will
sustainment costs; $2,500,000 for the Program tionally, the report shall include an assess- telework. The plan should provide compari-
Analysis and Evaluation Division to review ment of the capacity of the Department to sons for each category with the original mas-
models developed by DHS components and procure the following items from domestic ter plan for St. Elizabeths and the current
$3,000,000 for the Cybersecurity and Diversity sources: personal protective equipment and numbers for each category.
Fellowship Program. It includes decreases of other items necessary to respond to a pan- HART Development and Deployment.—The
$44,000,000 for vehicles and $2,788,000 for the demic such as that caused by COVID–19; agreement includes a decrease of $17,133,000
Acquisition Data Analytics Platform Tool. body armor components intended to provide from the request due to ongoing cost, sched-
The agreement also provides technical ad- ballistic protection for an individual; hel- ule, and performance challenges.
justments requested by the Department in- mets that provide ballistic protection and JPC.—Not later than 60 days after the date
cluding moving $1,334,000 from the Manage- other head protection and components; and of enactment of this Act, the Department
ment Directorate to OSEM for updated rain gear, cold weather gear, and other envi- shall brief the Committees on its plans for
working capital fund estimates; $700,000 to ronmental and flame resistant clothing. JPCs.
OSEM for a suicide prevention initiative; Financial Systems Modernization Transi- FEDERAL PROTECTIVE SERVICE
and $3,010,000 to FEMA for the DHS Volun- tions.—Within 30 days of the date of enact-
Security Camera and Alarm Systems.—The
teer Force. The agreement does not include ment of this Act, OCFO and OCIO, together
agreement directs FPS to work with the
any resources related to third party medical with the Coast Guard, are directed to brief
General Service Administration (GSA) to
expenses in this account. the Committees on the full extent of the
Budget Justifications.—The Department is delays in the Coast Guard transition to a implement the recommendations in the GSA
expected to provide complete justification new financial management system and the Inspector General’s report on security cam-
materials for the fiscal year 2024 budget re- extent to which the causes of the delays have era and alarm systems at GSA-owned build-
quest, providing details for each office and been remedied. In addition, OFCO and OCIO ings and to brief the Committees on an im-
program, and clearly describing and account- are directed to brief the Committees on les- plementation plan and schedule within 180
ing for current services, transfers, adjust- sons learned from all completed component days of the date of enactment of this Act.
ments to base, and program changes. In addi- transitions and measures that are being INTELLIGENCE, ANALYSIS, AND SITUATIONAL
tion to the detail described in Senate Report taken to ensure that further transitions are AWARENESS
116–125, the justifications shall incorporate successful and cost effective, including re- OPERATIONS AND SUPPORT
output from predictive models used by DHS lated costs. The CFO shall notify the Com- The agreement provides $316,640,000, a re-
component agencies to identify likely im- mittees when significant delays are pro- duction of $24,519,000 below the request, of
pacts to future requirements. For each rel- jected to occur. which $95,273,000 is available until September
evant program area, justifications shall IDENT Sustainment Operations.—The agree- 30, 2024.
clearly describe and quantify the projections ment includes an increase of $36,092,000 for Intelligence Data Environment for Analytics
used to inform resource requests, indicate the continued operation of IDENT during fis- (IDEA).—The agreement does not include the
the agencies impacted by the projections, cal year 2023 due to the mismanagement of requested $24,519,000 for the IDEA.
and confirm whether the budget requests for the program and the program’s failure to Annual Budget Justification Materials.—The
those agencies were developed using the achieve initial operating capacity of the fiscal year 2024 budget justification mate-
same assumptions. In addition, the Chief Fi- Homeland Advanced Recognition Technology rials for the classified budget shall include
nancial Officer (CFO) is directed to ensure System (HART) on schedule. the same level of detail required for other
that fiscal year 2024 budget justification ma- Independent Evaluation of HART.—The De- appropriations and PPAs.
terials for classified and unclassified budgets partment is directed to initiate an inde- Intelligence Expenditure Plan.—The Depart-
of all components are submitted concurrent pendent evaluation of HART in fiscal year ment’s Chief Intelligence Officer is directed
with the President’s budget submission to 2023 by an entity outside of DHS that follows to brief the Committees on the fiscal year
the Congress. the National Institute of Standards and 2023 expenditure plan for the Office of Intel-
Component Expenditure and Staffing Plans.— Technology requirements for independent ligence and Analysis within 30 days of the
The Department is directed to notify the verification and validation. Additionally, the date of enactment of this Act. The plan shall
Committees when significant, policy related Department shall report to the Committees include the following:
changes are made to expenditure plans. Any on the technology, data collection mecha- (1) fiscal year 2023 expenditures and staff-
significant new activity that has not been nisms, and sharing agreements among DHS ing allotted for each program as compared to
explicitly justified to the Committees or for immigration enforcement agencies, other fiscal years 2019 through 2022;
which funds have not been provided in appro- federal, state, local, and foreign law enforce- (2) all funded versus on-board positions, in-
priations Acts requires the submission of a ment agencies, and fusion centers as relates cluding FTE, contractors, and reimbursable
reprogramming or transfer notification. The to the development of HART. The report and non-reimbursable detailees;
Department shall submit staffing plans to shall provide details on HART data com- (3) a plan for all programs and invest-
the Committees on a quarterly basis and piling and a list of data sharing agreements ments, including dates or timeframes for
shall ensure such plans are connected to ac- related to the source or recipient of data. achieving key milestones;
Office of Biometric Identity Management (4) allocations of funding within each PPA
tivity-level details in the budget justifica-
(OBIM) Semi-Annual Briefings.—OBIM is di- for individual programs and a description of
tion materials.
Counter-Unmanned Aerial Systems (CUAS).— rected to continue briefing the Committees the desired outcomes for fiscal year 2023; and
on a semiannual basis on its workload, serv- (5) items outlined in the classified annex
Within 60 days of the date of enactment of
ice levels, staffing, modernization efforts, accompanying the fiscal year 2022 explana-
this Act, the Department shall brief the
and other operations. tory statement, updated for fiscal year 2023.
Committees on its estimated funding needs,
Zero Trust Security Model.—The agreement Continuation of Fiscal Year 2022 Require-
including those not addressed within the fis-
directs the Department to continue aggres- ments.—The Department is directed to con-
cal year 2023 budget request, for fiscal years
sively pursuing a zero-trust security model, tinue providing in fiscal year 2023 any brief-
2023 through 2024 to research, test, acquire,
including through adopting capabilities that ing and report as outlined in the classified
and deploy CUAS capabilities.
allow mobile devices, remote workspaces, annex accompanying the fiscal year 2022 ex-
Cybersecurity Professionals.—Not later than
and other endpoints to operate in a planatory statement.
60 days after the date of enactment of this
Act, the Office of the Chief Human Capital secureand protected manner. OFFICE OF INSPECTOR GENERAL
Officer, in coordination with OCIO and the PROCUREMENT, CONSTRUCTION, AND OPERATIONS AND SUPPORT
Cybersecurity and Infrastructure Security IMPROVEMENTS The agreement provides $214,879,000 for the
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Agency (CISA), shall brief the Committees The agreement provides $247,133,000 below Office of Inspector General (OIG), as re-
on the status of meeting the Department’s the request. Reductions to the request in- quested. The agreement also includes a pro-
cybersecurity hiring goals and plans for de- clude $140,000,000 for a third Joint Processing vision that transfers $14,000,000 of the
veloping standardized metrics to ensure con- Center (JPC); $50,000,000 for climate change $50,000,000,000 made available to the FEMA
sistency in identifying personnel skills and projects; $28,000,000 for financial systems Disaster Relief Fund in the American Rescue
talents across the Department. modernization; $17,133,000 proposed for HART Plan Act of 2021 (Public Law 117—2) to the
Domestic Supply Chain.—Not later than 180 development and deployment; and $12,000,000 OIG for oversight of the use of those funds.
days after the date of enactment of this Act, for the Office of Intelligence and Analysis Obligation Plan.—Information accom-
the Secretary of Homeland Security shall building on the St. Elizabeths campus. panying OIG’s fiscal year 2024 budget request
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S8556 CONGRESSIONAL RECORD — SENATE December 20, 2022
shall include an obligation plan with details backup care, for a total of $24,600,000; cost-effective manner, including through
on projected obligations by oversight area $3,000,000 for the unified immigration portal, DHS volunteers, contract staff, temporary
and activity type, such as by audits, inspec- for a total of $20,000,000; $2,000,000 for Pro- duty assignments, re-employed annuitants,
tions, and investigations. curement Directorate within the Office of and remote processing.
Monthly Budget and Staffing Briefings.—The Acquisition; $2,500,000 for the Survivor Advo- Chief Operating Officer (COO) Re-designa-
OIG shall continue to provide the Commit- cacy Program; $3,000,000 for the Office of Fi- tion.—CBP is encouraged to re-designate the
tees monthly budget and staffing briefings, nance staffing; $5,000,000 for technology capa- current COO position from ‘‘general’’ to ‘‘ca-
as described in the explanatory statement bilities for the Office of Chief Counsel; reer reserved.’’ The expanding CBP workload
accompanying the fiscal year 2022 funding $800,000,000 for a shelter and services grant requires stability from career leadership in
Act (Public Law 117—103). The briefings shall program; $60,085,000 for an additional 125 CBP overseeing the day-to-day operations of the
include all available funding sources, con- Officers, 250 technicians, and 250 mission sup- organization.
tracts, and contract FTE. Further, the brief- port staff; $51,536,000 over the enacted level Childcare for Employees.—Not later than 90
ings shall be modified in fiscal year 2023 to for forced labor to include $17,112,000 for an days after the date of enactment of this Act,
begin to shift away from program office pro- advanced trade analytics platform for a total CBP shall provide a briefing to the Commit-
files and instead reflect budget and staffing of $99,428,000 over fiscal year 2022; $10,000,000 tees on options for meeting the childcare
profiles by oversight area. They shall include for innovative technology, for a total of needs of its workforce in underserved areas.
a plan of action and milestones update re- $35,000,000; $6,000,000 for an increase in the The briefing should include an assessment of
garding the development of a robust report- uniform allowance; $5,000,000 for tribal roads; the limits of existing legal authorities and
ing capability that will provide more trans- $6,900,000 for linear ground detection system cost estimates for various options.
parency and insight into OIG’s budget plan- sustainment; $5,200,000 for cross border tun- Contracted Capabilities.—CBP is directed to
ning and execution by such oversight areas. nel threats; $5,300,000 for counter unmanned brief the Committees not later than 60 days
Required Notification of Failure to Provide aerial systems; $7,702,000 for team awareness after the date of enactment of this Act on
Requested Information by Secret Service.—In kits, for a total of $19,417,000; $10,000,000 for the feasibility and legal limitations of using
addition to the requirements of the Inspector tactical communications; $94,655,000 to reject contracted personnel for the monitoring of
General Act, the Inspector General shall no- Trade and Travel Operations PPA base pay Border Patrol surveillance video; expanding
tify the Committees in writing within 30 reductions; $51,116,000 to reject reductions to the role of contracted personnel in proc-
days of requesting and not receiving infor- rent related expenses; $3,000,000 for counter essing noncitizens; and supplementing Air
mation from the Secret Service. Within 30 network capability; $8,000,000 for increased and Marine Operations (AMO) flying hours
days after receipt of any such action by the intelligence capabilities; and $600,000 for with contracted flying hours.
Secret Service, the Inspector General shall medical utilization. Developing and Using Predictive Analytics.—
transmit to the Committees a copy of the re- Reductions to the request include: The agreement directs CBP to provide, with-
quest for information; the response from the $140,231,000 for changes to the adjustments to in 45 days of the date of enactment of this
Secret Service, if any; and a statement re- base for current services due to updated base Act, a description of its analytic and mod-
garding whether the Inspector General pay and annualizations; $3,000,000 for zero eling capabilities; data provided by those ca-
agrees or disagrees with such response. trust architecture; $2,500,000 for the Office of pabilities; how CBP currently uses that data;
Finance Resource Planning Technology & and any plans to expand such use. Further,
TITLE I—ADMINISTRATIVE PROVISIONS
Analytic; $10,000,000 for contracting costs; CBP shall provide a briefing to the Commit-
Section 101. The agreement continues a tees within 45 days of the date of enactment
provision requiring the Inspector General to $31,500,000 for medical referral costs; and
$2,000,000 for medical contract costs. The ac- of this Act on a plan to better incorporate
review grants and contracts awarded by data output from current analytic and mod-
means other than full and open competition count is reduced $3,000,000 for a transfer to
PC&I. eling capabilities into reporting require-
and report the results to the Committees. ments in fiscal year 2023, and options for in-
Within the total amount provided, the rec-
Section 102. The agreement continues a vestments in expanded capabilities in fiscal
ommendation includes: $5,000,000 for tuition
provision requiring the CFO to submit year 2024.
assistance; $10,000,000 for processing improve-
monthly budget execution and staffing re- Human Capital Strategic Plan.—Not later
ments; $6,000,000 for caregivers and childcare
ports within 30 days after the close of each than 120 days after the date of enactment of
services; $3,500,000 for rescue beacons and the
month. this Act, the Commissioner shall submit to
Missing Migrant Program; $6,000,000 for
Section 103. The agreement continues a the Committees a human capital strategy
Carrizo cane control; $21,055,000 for the Inci-
provision directing the Secretary to require plan addressing future staffing challenges as
dent Driven Video Recording System, includ-
that contracts providing award fees link a growing percentage of CBP law enforce-
ing body worn cameras and related require-
such fees to successful acquisition outcomes. ment personnel become eligible for retire-
Section 104. The agreement continues a ments for Freedom of Information Act
(FOIA) compliance and data storage; ment between fiscal year 2023 and the end of
provision requiring the Secretary, in con- fiscal year 2028. The plan shall include an as-
junction with the Secretary of the Treasury, $21,000,000 for autonomous surveillance tow-
ers; $10,000,000 for video monitoring capabili- sessment of potential operational impacts;
to notify the Committees of any proposed hiring and recruitment strategies that incor-
transfers from the Department of Treasury ties; and $7,000,000 for Port of Entry (POE)
technology, of which $5,000,000 is for out- porate lessons learned from previous hiring
Forfeiture Fund to any agency at DHS. No efforts; resource requirements for CBP of-
funds may be obligated prior to such notifi- bound operations.
Within the total amount provided, the bill fices that provide critical support for hiring,
cation. including for Human Resource Management,
makes $500,000,000 available until September
Section 105. The agreement continues a the Office of Training and Development, and
30, 2024, to provide limited flexibility for cer-
provision related to official travel costs of the Office of Professional Responsibility; and
tain activities.
the Secretary and Deputy Secretary. funding requirements to maintain oper-
Border Management Requirements.—Funds
Section 106. The agreement continues and ational effectiveness, including for both hir-
provided in title V of this Act are for border
modifies a provision requiring the Under ing and overtime costs.
management requirements. Eligible uses of
Secretary for Management to provide quar- Integrating Budget Requests.—In order to
these funds include soft-sided facilities with
terly briefings on acquisition information to minimize funding imbalances across CBP
appropriate wrap-around services; medical
the Committees. and DHS programs, CBP is directed to in-
capabilities; child caregivers; overtime and
Section 107. The agreement continues and clude with any requests for new funds a de-
temporary duty (TDY) costs; DHS volunteer
modifies a provision restricting the use of scription of the impact of the investment on
force costs; CBP -related transportation
funding for certain pilot programs unless the other programs. CBP, in coordination with
costs; operational costs; flight hours; law en-
Secretary submits specified information to the Department, is directed to provide a
forcement personnel; and general contract
the Committees related to the program’s briefing to the Committees within 60 days of
support for processing. Not later than 45
goals, metrics, and implementation plan. the date of enactment of this Act on a plan
days after the date of enactment of this Act,
Section 108. The agreement includes a new for complying with this requirement, includ-
the Undersecretary for Management shall
provision transferring $14,000,000 to the OIG ing a description of how necessary data will
provide an expenditure plan to the Commit-
from amounts provided to FEMA for the Dis- be incorporated into internal planning and
tees for the use of these funds and the Com-
aster Relief Fund in the American Rescue budgeting processes.
missioner shall provide a bimonthly update
Plan Act of 2021 (Public Law 117–2). Intelligence Human Capital Strategic Plan.—
thereafter.
TITLE II—SECURITY, ENFORCEMENT, None of the funds provided for border man- Not later than 120 days after the date of en-
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AND INVESTIGATIONS agement requirements shall be used: actment of this Act, CBP shall brief the
U.S. CUSTOMS AND BORDER PROTECTION (1) to hire FTE; Committees on an intelligence human cap-
OPERATIONS AND SUPPORT
(2) for flight hours other than those flown ital plan for the next five fiscal years ad-
by CBP Air and Marine Operations; or dressing the expanded need for intelligence
(INCLUDING TRANSFERS OF FUNDS) (3) to acquire, maintain, or extend border professionals, including:
The agreement includes $1,131,069,000 above security technologies and capabilities except (1) a description of CBP intelligence func-
the request, including the following: to improve processing. tions;
$1,600,000 for suicide prevention and wellness CBP should consider a full suite of options (2) the role(s) that new, non-law enforce-
activities, to include employee child and to attain additional processing support in a ment analysts would perform;
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8557
(3) the benefits of additional analysts; budgetary obligations and on-board staffing trol Agent hiring and retention efforts; hir-
(4) the number of law enforcement per- data to program areas within each PPA; and ing processing coordinators and professional
sonnel currently performing intelligence delineate pay from non-pay obligations. CBP staff that relieve agents of administrative
function roles; is directed to provide the data and other in- duties; and for morale efforts, to include in-
(5) the methodology used to determine the formation supporting each briefing to the creasing the uniform allowance.
number of law enforcement personnel who Committees in a downloadable, searchable, Within 90 days of the date of enactment of
would be returned to front-line duties; and sortable spreadsheet format. The first this Act, CBP shall brief the Committees on
(6) the timeline for, and the projected num- briefing shall include: a plan and schedule for hiring the funded
ber of, such law enforcement personnel and (1) planned monthly obligations and on- level of agents. The briefing shall also ad-
the associated resource requirements for board staffing projections for the fiscal year dress how CBP is ensuring appropriate over-
each of the next five fiscal years; against which execution data will be com- sight of the hiring process and its efforts to
(7) a cost-benefit analysis for the options of pared in subsequent briefings, along with implement recommendations from mis-
hiring intelligence professionals versus addi- any changes to the plan; conduct investigations. Given the number of
tional law enforcement personnel; (2) a consultation with the Committees on agents from the northern border who have
(8) examples of how current operations are a plan and format for future quarterly brief- been redeployed to the southwest border in
shaped by intelligence data analysis; and ings; recent years, the briefing shall also detail
(9) how additional analysts would enhance (3) a description of any limitations that the number of planned new agents who will
strategic and tactical understanding of the CBP’s financial and staffing systems of be assigned to the northern border.
border environment to improve operational record present towards complying with re- Border Security Technology Gaps.—Within
decision making. quirements under this heading, such as the 180 days of the date of enactment of this Act,
Law Enforcement Suitability Analysis.—CBP monitoring of obligations and onboard staff CBP shall brief the Committees on its efforts
is directed to submit a report on the effec- at the program level; and to improve border security technology devel-
tiveness of polygraph tests within 120 days of (4) plans to address such limitations. opment and acquisition.
the date of enactment of this Act. The report Prior to the first briefing, CBP shall pro- Body Worn Cameras.—Within 90 days of the
shall include data comparing CBP’s failure vide the Committees a proposed list of pro- date of enactment of this Act, CBP shall pro-
rates to those of other federal law enforce- gram areas to be tracked within each PPA, vide the Committees an execution plan and
ment agencies; a list of admissions elicited which shall include at a minimum any pro- deployment schedule for body worn cameras.
during polygraph tests since CBP imple- gram enhancements in this Act for congres- Operational Impact of Processing Coordina-
mented a mandatory polygraph test require- sional priorities described in this statement tors.—Within 60 days of the date of enact-
ment; and details regarding the total and or enhancements that were in the Presi- ment of this Act and quarterly thereafter,
annualized number of such admissions and dent’s budget request. CBP shall provide a briefing to the Commit-
types of admissions. Recruitment, Hiring, and Retention.—Within tees on the status of hiring processing coor-
Northern Border Strategy Implementation 90 days of the date of enactment of this Act, dinators funded by this and previous appro-
Plan.—Within 90 days of the date of enact- CBP shall brief the Committees on its efforts priations Acts, including the number of law
ment of this Act and quarterly thereafter, to improve hiring and retention by all of its enforcement personnel returned to the field
CBP shall brief the Committees on the sta- law enforcement components. CBP shall as a result of the onboarding of new coordi-
tus of the Northern Border Strategy Imple- prioritize and continue efforts to use avail- nators; the measures the agency is using to
mentation Plan, including whether the fiscal able incentives to recruit and retain per- assess the costs and benefits of coordinator
year 2022 milestones have been achieved; the sonnel in rural and remote areas, including positions; and a description of all training
status of the fiscal year 2023 milestones; and, the exploration of new strategies; ensure and certifications required for such posi-
in each case where a milestone has not been that its efforts include the recruitment and tions. Future funding requests for coordina-
achieved, detailed explanations for the fail- retention of women and other traditionally tors shall be accompanied by measures clear-
ure to achieve the milestone. The fiscal year under-represented population groups; and en- ly detailing projected operational impacts.
2024 budget request shall detail specific sure that appropriate anti-harassment proto- Prison Rape Elimination Act (PREA).—The
northern border staffing and technology re- cols are in place for all personnel. CBP shall agreement directs CBP to post on its
quirements and request specific funding for also ensure that staff are trained to recog- website, within 60 days of the date of enact-
implementation of planned northern border nize signs of trauma exposure, understand ment of this Act, a schedule for achieving
enforcement initiatives enumerated in the common behaviors of people exposed to trau- full compliance with PREA requirements.
analysis. The Department shall work with ma, and on trauma-informed practices. Reporting Requirements for Deaths in Cus-
the Committees prior to providing this brief- Resource Prioritization.—CBP is directed to tody.—CBP shall continue to provide the
ing to ensure alignment with expectations. provide a bimonthly briefing to the Commit- data required in House Report 116–80 regard-
Overtime Usage.—CBP is directed to provide ing deaths of noncitizens.
tees on its efforts to evaluate CBP-wide
a briefing to the Committees that compares Shelter and Services Program.—The agree-
workload, capabilities, assets, and human re-
onboard positions, salary and overtime costs, ment provides $800,000,000 for a Shelter and
source gaps; describe how those gaps impact
and the monthly volume of vehicles, pedes- Services Program (SSP) to support CBP in
mission performance; and use the results of
trians, and cargo containers by POE for fis- effectively managing noncitizen processing
the ongoing analyses to support the develop-
cal years 2017 through 2022. and preventing the overcrowding of short-
ment of the fiscal year 2024 budget request.
Prioritizing the Acquisition of Innovative and term CBP holding facilities. Within the total
Emerging Technologies and Capabilities.—The BORDER SECURITY OPERATIONS amount provided, up to $50,000,000 is avail-
Commissioner shall ensure that all funding Assessing Commercial Satellite Radio Fre- able for the construction or expansion of
provided in this Act for the acquisition of quency (RF).—CBP is directed to continue shelter facilities. The funds are transferred
operational or administrative technology, pilot programs and other efforts to evaluate to the Federal Emergency Management
equipment, and services focuses on innova- the use of commercial satellite radio fre- Agency (FEMA) for administration as grants
tive and emerging capabilities. Agency poli- quency (RF) collections to improve situa- or cooperative agreements with state and
cies should prioritize the testing and, when tional awareness near the land borders of the local governments and non-governmental or-
testing results support a sound business United States, including how RF collection ganizations (NGOs).
case, their acquisition and can be integrated into existing surveillance During fiscal year 2023, a portion of this
operationalization. New technologies, in- and reconnaissance architectures. funding may be used for the existing Emer-
cluding artificial intelligence (AI)/machine Border Barriers.—Within 90 days of the date gency Food and Shelter Program-Humani-
learning (ML) tools and autonomous capa- of enactment of this Act, the Commissioner tarian (EFSP–H) in order to provide time for
bilities, are critical for improving mission shall provide an update on the work of the CBP and FEMA to establish a funding alloca-
performance and personnel effectiveness. multi-agency working group established to tion process for the SSP. While the Emer-
Within 60 days of the date of enactment of identify the impacts of complete and incom- gency Food and Shelter National Board has
this Act, CBP shall provide a briefing to the plete border security infrastructure on bor- performed admirably in administering
Committees on a plan to better prioritize in- der security, communities, tribes, wildlife, EFSP–H since it was first funded in fiscal
novative and emerging technologies and ca- and local environments, including the im- year 2019, funding the SSP through CBP will
pabilities into the agency’s internal plan- pacts of erosion and improper drainage asso- facilitate more effective support of CBP ef-
ning, budgeting, and programming processes. ciated with partially complete infrastruc- forts to efficiently process and humanely
Quarterly Budget and Staffing Briefings.—In ture projects, as well as its plan for address- treat noncitizens. It also acknowledges the
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addition to the requirement set forth in sec- ing such impacts. existing vital partnership between CBP and
tion 102 of this Act, CBP shall provide the Border Patrol Hiring.—The agreement pro- NGOs.
Committees quarterly budget and staffing vides funding for 19,855 Border Patrol agents, Prior to EFSP–H, many NGOs and local
briefings beginning not later than 45 days an increase of 300 above the level funded in communities already provided shelter and
after the date of enactment of this Act and fiscal year 2022. In light of the Border Pa- other services to individuals released di-
not later than 30 days after the close of each trol’s ongoing recruitment and attrition rectly from CBP custody, helping to facili-
quarter thereafter. The briefings shall in- challenges, funding that is unable to be exe- tate the humane and respectful treatment of
clude any source of funding available to CBP cuted for new hiring in fiscal year 2023 is noncitizens undergoing processing at CBP fa-
for obligation; align projected and executed available for additional targeted Border Pa- cilities, including families, while minimizing
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S8558 CONGRESSIONAL RECORD — SENATE December 20, 2022
impacts on local border communities. Over- a briefing within 120 days of the date of en- existing OFO personnel. The CBP CFO shall
crowding at CBP short-term holding facili- actment of this Act on the agency’s plan to continue to manage and oversee CBP fee
ties has negative impacts on noncitizens and expand BSDP at land POEs. funding to ensure current year operational
makes it more difficult for CBP personnel to Combatting Transportation of Firearms and requirements are balanced against the con-
carry out their duties. This partnership also Illicit Funds.—The agreement encourages tinuing requirement to build and maximize a
serves American taxpayers by minimizing CBP to continue to collaborate with domes- carryover balance. If fee collections during
the need to expand the capacity of existing tic and international partners to disrupt the fiscal year 2023 exceed current projections
CBP facilities. flow of funding that supports illicit mone- and carryover requirements, CBP shall re-
Not less than quarterly, CBP shall provide tary instruments and firearm smuggling ac- frain from obligating those available funds
data to FEMA to help inform decisions on tivities. CBP shall inform the Committees until it briefs the Committees on options for
where funding should be provided to shelters any additional legal authorities or resources the use of those funds to include for hiring
along the southwest border and in the inte- needed for these efforts. additional CBP officers and mission support
rior of the United States to support CBP’s Data on Asylum Seekers.—The agreement di- staff.
border security mission. At a minimum, this rects the Office of Field Operations (OFO) to Identifying Fentanyl Analogues and Related
data shall include historical data and future continue to produce a monthly report detail- Substances at the Southwest Border.—Within
projections of encounters of families and sin- ing for each preceding month: the POEs 60 days of the date of enactment of this Act,
gle adults, by POE and Border Patrol sector. along the southwest border at which queue CBP shall provide the Committees a briefing
Short Term Detention.—In addition to direc- management or metering practices have on options to publicly report seizures of
tion in House Report 117–396, the Commis- been employed; a detailed flow-chart for how fentanyl-related substances and fentanyl
sioner shall provide a report to the Commit- a noncitizen’s case is managed in these proc- analogues in the same manner it reports
tees, within 90 days of the date of enactment esses; and the number of asylum seekers monthly seizures of marijuana, cocaine, her-
of this Act, on infrastructure changes, train- processed at each such POE. oin, and fentanyl.
ing protocols, and other investments made The report shall also address: CBP’s ration- International Mail and Express Consignment
or planned to ensure the safe, humane, and ale for queue management or metering prac- Facilities.—Previously provided funds, and
orderly processing of single adults, families, tices at POEs; capacity and resource con- funds provided in this Act shall be made
and unaccompanied children in CBP custody, straints leading to or requiring the imple- available for facility improvements; detec-
in compliance with the CBP National Stand- mentation of such practices; recommenda- tion and testing equipment upgrades; in-
ards on Transport, Escort, Detention, and tions for alleviating such capacity and re- creased capacity for testing and storing ille-
Search as well as the Flores Settlement. The source constraints; and any agreements or gal and regulated substances; interoper-
report shall also describe CBP efforts to im- arrangements between CBP, or the Federal ability improvements with Food and Drug
prove stakeholder monitoring and access Government more broadly, and Government Administration detection equipment; and in-
policies at CBP facilities. These directives of Mexico authorities involving efforts to re- novative technologies that apply advanced
should not be construed to interfere with the strict the number of potential asylum seek- analytics and machine learning capabilities.
ers that can access a POE prior to entering LPOE Hours of Operation.—CBP is directed
rights obtained, or obligations owed, under
the United States. to consult with elected officials at all levels,
any federal consent decree.
Transportation Checks and Roving Enforce- Environmental Crimes Enforcement.—Within community members, and industry stake-
ment.—In addition to direction in House Re- 120 days of the date of enactment of this Act, holders prior to making changes to LPOE
port 117–396, the required reporting shall in- CBP shall provide a briefing to the Commit- hours of operations. Prior to any actual re-
tees on the activities and resources applied duction in operating hours, CBP shall dem-
clude the total amount of drugs, currency,
to the enforcement of the Lacey Act amend- onstrate that the change will not impede
and firearms seized as a result of transpor-
ments of 2008, which help address inter- local or regional commerce or unduly impede
tation checks.
Workload Staffing Model for Between the national deforestation and combat trade in local resident traffic.
illegal wildlife and timber products. The Not later than 90 days after the date of en-
Ports.—Within 30 days of the date of enact-
briefing shall also address CBP efforts to as- actment of this Act, CBP shall provide a re-
ment of this Act, CBP shall provide a brief-
sist the Animal and Plant Health Inspection port to the Committees detailing operating
ing to the Committees on how data from the
Service of the U.S. Department of Agri- hours at all northern border POEs and de-
Border Patrol’s Mission Advantage Program
scribing how CBP plans to improve the re-
demonstrates its impact on personnel needs culture with the electronic collection of
cruitment and retention of CBP personnel at
and projections of the impacts of future in- data, as well as its continued consultation
remote northern border ports of entry to sus-
vestments in the program. Within 60 days of with trading partners, importers, exporters,
tain those operating hours. Additionally, the
the date of enactment of this Act, CBP shall and other interested groups as the provisions
agreement directs CBP to establish a pilot
provide a report to the Committees detailing of the Act are fully implemented.
Enhancement of Supply Chain Security.— program for the co-location of CBP and Can-
the staffing model and the process that CBP ada Border Services Agency border agents at
used to create and validate it. Within 180 days of the date of enactment of
this Act, CBP shall provide a briefing to the remote LPOEs to maintain border security
TRADE AND TRAVEL OPERATIONS—OFFICE OF and reduce costs.
FIELD OPERATIONS Committees with recommendations on how
Locality Pay Scale Flexibility.—Within 120
innovative capabilities, including
Advanced Electronic Data (AED).—Within days of the date of enactment of this Act,
blockchain-based platforms, may improve CBP is directed to provide a report, in co-
180 days of the date of enactment of this Act,
trade operations between the United States ordination with the Office of Personnel Man-
CBP shall provide a report to the Commit-
and Central and South American countries, agement, on:
tees on the implementation of the AED ini-
including potential opportunities for part- (1) an analysis of local pay scales and how
tiative, including the:
(1) total volume received by the United nership with non-profit and private partners those pay brackets impact recruitment and
States Postal Service (USPS) and volume and with Central and South American Cus- retention;
containing AED; toms Agencies. (2) an overview of agency authorities for
(2) volume received by country containing Expanding Outbound Operations at Land adjusting pay; and
AED; Ports of Entry (LPOE).—The agreement pro- (3) recommendations to better align local
(3) number of packages CBP requests to vides $30,000,000 for building outbound oper- pay with costs of living to improve recruit-
screen and the number tendered by the ations capacity, including $2,250,000 for Do- ment and retention.
USPS; mestic Operations to hire 18 CBP officers; Northern Border LPOEs and CBPOs.—CBP
(4) number of goods seized in Mail Facili- $5,000,000 for RFID/QR code readers for all shall prioritize staffing shortages at north-
ties; and outbound truck lanes to capture trucks at ern border LPOEs to help expedite cross-bor-
(5) volume received from countries exempt- exit, increase CBP’s ability to pursue sub- der tourist and commercial traffic while pro-
ed from AED by CBP. jects attempting to abscond from CBP in- viding significant consideration to the
The report shall also include a detailed spection areas and other security capabili- health, safety, and welfare needs of CBP offi-
plan, to be developed in coordination with ties and upgrades; and $22,750,000 through the cers; explore options for 24–hour use of
the USPS, for the Postal Service to scan Procurement, Construction, and Improve- NEXUS at LPOEs; and expand public aware-
every package or letter entering the United ments account for non-intrusive inspection ness about and enrollment in the NEXUS
States that could contain an illegal opioid. equipment, development and deployment of program, including through the deployment
Border Searches and Electronics.—In addi- ACE electronic export manifest capability, of signage in collaboration with state trans-
tion to direction in House Report 117–396, the and infrastructure investments, including portation agencies.
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required reporting shall include the number vehicle inspection stations. Within 90 days of Additionally, CBP is directed to notify the
of times CBP searched an electronic device the date of enactment of this Act, CBP is di- Committees within 15 days of redeploying
at the request of a federal, state, local, or rected to provide an expenditure plan for the more than 10 percent of staff in any sector
foreign governmental entity, including an- use of these funds and to brief the Commit- along the northern border to the southwest
other component of the Department, or dis- tees on the metrics it will use to capture the border or other ports of entry, including the
closed to such entity information from any impact of this investment. number and location of the personnel di-
searched device. Fee Shortfalls and Reinstating Base Funding verted, the duration of the temporary de-
Border Security Deployment Program for OFO Personnel.—The agreement restores ployment, and when the personnel will re-
(BSDP).—CBP shall provide the Committees $94,655,000 in proposed reductions to pay for turn to their posts.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8559
Prevent Abduction Program.—Within 180 (4) an ongoing strategy for CBP to detect within 24 hours. Instances of equipment that
days of the date of enactment of this Act, and combat COO fraud. remain non-working after 120 hours must be
CBP is directed to report to the Committees Office of International Affairs.—CBP is di- reported to the Office of Professional Re-
on the status of the Prevent Abduction Pro- rected to provide a briefing, within 60 days of sponsibility. Outage and repair status re-
gram, including: the date of enactment of this Act and in co- porting shall be updated weekly.
(1) the total hours of training CBP officers ordination with the Department of State, on Workforce Wellness and Suicide Prevention.—
receive on the issue of international parental opportunities to expand information cam- The agreement provides not less than
child abduction; paigns in targeted Central and South Amer- $24,600,000 for workforce wellness and suicide
(2) the total number of children enrolled in ican countries through social and behavior prevention. In addition to direction in the
the program and the number enrolled in the change communication advertising the dan- House Report, the agreement includes not
preceding fiscal year; gers of irregular migration to the United less than $1,600,000 to work with non-profits
(3) the number of children enrolled in the States and educating residents of those to provide workforce wellness and suicide
program who were taken out of the United countries about legal immigration pathways. prevention services at CBP locations on the
States through an air POE by an abductor, if Persistent Maritime Domain Awareness southern border. Further, CBP shall explore
any; and (MDA) Demonstration.—The agreement di- opportunities to establish partnerships with
(4) the identification of resources CBP rects AMO to work with CBP’s innovation other federal agencies and SLTT entities, es-
might need to ensure children are not re- technology program to examine opportuni- pecially within the law enforcement and first
moved from the United States in violation of ties to work with industry partners to con- responder communities, to improve and ex-
a valid state court order. duct a persistent, long duration MDA dem-
Reimbursable Services Program.—CBP is di- pand service offerings, with a focus on under-
onstration in an area where illicit maritime served areas.
rected to provide each air, land, and sea port
activity is known to be concentrated. Addi- Withholds.—Of the $249,915,000 made avail-
operator, including cruise terminals, with in-
tionally, AMO is encouraged to place staff able through the bill for the Executive Lead-
formation on baseline service levels and re-
within the innovation technology program ership and Oversight PPA, the agreement
port to the Committees quarterly on its ad-
to assist in the development of AMO-specific withholds $5,000,000 until reports concerning
herence to these baseline levels. The report
capabilities. human capital strategic plans and the Office
shall also address staffing shortages, require-
ments for facility and security upgrades, and MISSION SUPPORT of Field Operations workload staffing model
plans for technology recapitalization; the Medical Care.—Within 60 days of the date of are submitted to the Committees.
process used to decide how initiatives are enactment of this Act, CBP shall provide to PROCUREMENT, CONSTRUCTION, AND
funded; a justification for the scope of the re- the Committees a briefing on the medical IMPROVEMENTS
quests; and how CBP will negotiate with port care capacity supported by the enacted fund- The bill includes the following increases
operators and incorporate their feedback ing level, along with a detailed breakout of above the request: $150,000,000 for border se-
into the development of plans to address fu- the types of care it supports. curity technology, to include funding for a
ture facility and security needs. ENTERPRISE SERVICES common operating picture; $69,947,000 for
CBP is encouraged to defer all current and CBP OneTM Mobile Application.—Within 90 non-intrusive inspection (NII) systems;
future seaport facility agreements until it days of the date of enactment of this Act, $3,000,000 for a distributed ledger; $7,500,000
has provided details on baseline service lev- CBP shall provide to the Committees a re- for an electronic export manifest capability
els to each port operator and provided the port on CBP OneTM, including a description associated with outbound enforcement; and
Committees with estimates for future facil- of current uses; the frequency of use for each $26,650,000 for the Advanced Training Center
ity and security requirement improvements service available on the mobile application; (ATC).
and associated federally mandated tech- a description of additional services and fea- The bill reduces the request by the fol-
nology. CBP is expected to work in partner- tures that will be implemented by the end of lowing amounts: $5,000,000 from ACE en-
ship with seaports and refrain from imposing fiscal year 2023; and data specific to the use hancements; $31,245,000 from Multi Role En-
requirements on seaports in a unilateral of the mobile application by International forcement Aircraft; $10,000,000 from the light
fashion. Organizations and/or asylum seekers for the enforcement platform; and $45,459,000 from
Workforce Staffing Model.—Not later than 90 purpose of coordinating entry into the CBP facilities. The agreement also includes
days after the date of enactment of this Act, United States through a POE, along with realignments based on technical assistance
CBP shall provide a report to the Commit- any expansion plans for this service. provided by the Department.
tees on the results of the most current Trade Office of Professional Responsibility (OPR).— Border Patrol Technology.—In addition to
and Travel Workload Staffing Model, to in- Within 90 days of the date of enactment of direction in the House Report, this funding
clude results; descriptions of any other mod- this Act, CBP shall brief the Committees on is available for autonomous surveillance,
els related to workload at ports of entry; and efforts to hire additional OPR agents and a search and rescue capabilities, mobile sur-
a comparison of model results. The agree- description of targeted areas of investigative veillance capabilities, cross-border tunnel
ment withholds funds from the Executive enhancements or expansions, and its efforts detection capabilities, geospatial capabili-
Leadership and Oversight PPA pending deliv- to ensure CBP meets hiring targets for ties, small unmanned aerialsystems, counter
ery of the report. agents and officers. small unmanned aerial system capabilities,
TRADE AND TRAVEL OPERATIONS—OFFICE OF Remote Applications for Protection.—Within and common operating picture capabilities.
TRADE 120 days of the date of enactment of this Act, The Commissioner is directed to prioritize
Combatting Transshipment.—CBP is directed CBP is directed to provide a briefing to the procurement of the most cost-effective tech-
to modify targeting criteria and make addi- Committees on any ongoing efforts to work nologies based on lifecycle costs, system
tional changes necessary to provide CBP with USCIS and the State Department that availability, reduced requirements for per-
with the administrative flexibility required allow noncitizens from certain countries to sonnel, and input from sector leadership.
to identify transshipped products. apply to seek protection in the United Construction and Facility Improvements.—
Trade Enforcement.—Within 90 days of the States, prior to their arrival, using CBP The agreement provides $99,900,000 for CBP
date of enactment of this Act, CBP shall pro- OneTM. facilities, a reduction of $45,459,000 from the
vide a report to the Committees detailing its Personnel Pay Resources Reporting.—The request. In technical assistance provided to
implementation of trade priorities. CBP CFO is directed to provide a full-year the Committees, CBP proposed a restruc-
Uyghur Forced Labor Prevention Act pay execution plan to the Committees within turing of the budget request to offset unfore-
(UFLPA).—The agreement fully funds imple- 30 days of the date of enactment of this Act, seen costs of previously funded facilities
mentation of the UFLPA, adjusted for fund- along with monthly updates thereafter, for projects. Additionally, the agreement re-
ing provided above the request in fiscal year the Border Security Operations PPA and the scinds $43,500,000 from prior years.
2022. Within 60 days of the date of enactment Trade & Travel sub-PPAs for Domestic Oper- Within the funds provided, $26,650,000 is for
of this Act, CBP shall provide a briefing to ations, Targeting, and International Oper- additional expansion and renovation activi-
the Committees on implementation of the ations. The report shall compare planned ties at the ATC. These funds shall be used to
law. execution to actual obligations for FTE and complete construction of the Institute Build-
INTEGRATED OPERATIONS overtime. In addition, it shall differentiate ing and an Instructional Design/Distance
Honey Import Testing.—CBP is directed to needs that are tied to inspection and non-in- Learning Center.
provide a report to the Committees, within spection operations. Additionally, not later than 90 days after
180 days of the date of enactment of this Act Survivor Advocacy Program.—The agree- the date of enactment of this Act, CBP shall
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and in consultation with the FDA, on: ment provides an additional $2,500,000 to in- submit a report to the Committees that in-
(1) the number of imported honey ship- crease the number of full-time personnel cludes:
ments tested for country of origin (COO) working as survivor advocates to help CBP (1) the details of the design and construc-
fraud and adulteration; personnel and their families after the death tion process for new or renovated Border Pa-
(2) the number of shipments that testing of a CBP employee. trol facilities, including stations, processing
suggested involved COO fraud or adultera- Video Monitoring.—Any non-working closed centers, and checkpoints;
tion; caption television and associated recording (2) detailed requirements for each facility
(3) the technologies employed in carrying or storage equipment in a facility that de- currently funded or proposed for funding, in-
out those tests; and tains migrants must be repaired or replaced cluding buildings, parking facilities, sally
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S8560 CONGRESSIONAL RECORD — SENATE December 20, 2022
ports, vehicle maintenance facilities, fueling nual LPOE priority list; outline projected planatory statement accompanying the fis-
stations, temporary detainee holding facili- CBP costs; explain how CBP will engage with cal year 2022 funding Act, which was due to
ties, and kennels; state and local entities; and detail specific Congress on September 12, 2022.
(3) for each currently funded facility: milestones and a timeline for the project’s Period of Availability.—The PPA funding
(a) the total amount funded, obligated, and completion. table in the explanatory statement accom-
expended, by fiscal year; and CBP is directed to provide an update on panying division F of the Consolidated Ap-
(b) if funds were obligated to an outside the agency’s implementation of rec- propriations Act, 2022 (Public Law 117–103)
agency (e.g., General Services Administra- ommendations from GAO’s July 2019 report, included an inadvertent transposition of the
tion and U.S. Army Corps of Engineers), the ‘‘Border Infrastructure: Actions Needed to funding amounts available for three years
obligation and expenditure status of those Improve Information on Facilities and Cap- and five years in CBP’s Procurement, Con-
funds; ital Planning at Land Border Crossings,’’ struction, and Improvements (PC&I) ac-
(4) for each currently funded facility and along with a description of any changes CBP count. Notwithstanding that transposition,
for proposed facilities, a construction sched- is making to the existing planning process. the three- and five-year funds are not pur-
ule and associated expenditure plan broken Additionally, CBP shall, in consultation pose restricted and may be obligated for any
out by quarter (to include funds appropriated with GSA, consider growth in trade value, project funded under the fiscal year 2022
through other agencies); the expansion of in-bound commercial traf- PC&I appropriation. CBP shall allocate these
(5) For each requirement described in (2): fic, and CBP operational needs when devel- funds as necessary to execute fully all of the
(a) the severability of each requirement oping the capital investment plan. CBP is di- funded projects within the periods of avail-
that is specific to the location; rected to provide an update within 60 days of ability set forth in that Act. CBP is directed
(b) confirmation that each requirement is the completion of the ongoing assessment of to provide revised spending allocations for
an independently awardable option for all capacity requirements at the Santa Teresa the three- and five-year funds when it sub-
contracts currently funded; POE. mits the expenditure plan required under
(c) the requirements for facilities that are Within 120 days of the date of enactment of Section 208 of this Act.
unfunded; and this Act, CBP, in consultation with GSA, Revenue Modernization.—Within 120 days of
(d) the requirements for facilities described shall provide the Committees a briefing on the date of enactment of this Act, CBP shall
in (2) that are unfunded; and plans to execute the funds provided in the In- provide a briefing to the Committees de-
(6) the number of personnel to be assigned frastructure Investment and Jobs Act of 2021. scribing the percent transition from manual
at each location, with confirmation the de- As part of this briefing, CBP shall provide field collections to automated electronic sys-
sign is scoped to address current and antici- the Committees an update on steps to ‘‘re- tems, along with the cost, by POE.
pated future staffing needs. build’’ the annual 5–year LPOE plan.
The report shall also include a detailed U.S. IMMIGRATION AND CUSTOMS
Multi-Role Enforcement Aircraft (MEA).—
plan to improve CBP’s cost estimating capa- ENFORCEMENT
The agreement provides $29,000,000 to fund
bility for these facilities. the second land variant MEA to expand OPERATIONS AND SUPPORT
Deterring Illicit Substances.—CBP shall en- CBP’s ability to conduct maritime, air, and The agreement provides $394,177,000 above
sure the necessary resources for procuring land surveillance at our Nation’s borders. the request, including increases of $5,960,000
NII, passive radiation, and X-ray/Gamma-ray Additionally, the agreement rescinds for Homeland Security Investigations (HSI);
imaging of cargo and conveyances to detect, $23,182,000 from prior year funding for this $379,560,000 for Enforcement and Removal Op-
interdict, and deter the flow of illicit drugs, program due to contract cost savings. erations (ERO); and $8,657,000 for Mission
including fentanyl, carfentanil, and heroin. NII.—The agreement provides $69,947,000 Support and Office of the Principal Legal
Distributed Ledger Technology.—The agree- for the NII program.CBP shall execute these Advisor (OPLA) activities. The agreement
ment provides $2,500,000 above the request for funds only as follows: $15,250,000 for outbound also provides net-zero technical adjustments
CBP to test implementation of blockchain inspection equipment; $10,000,000 for artifi- requested by ICE after submission of the
and distributed ledger technologies to im- cial intelligence and machine learning capa- budget request.
prove trade operations, including enhance- bilities, to include independent verification Within the total amount provided, the
ment of supply chain security, single win- and validation during the initial stages of agreement makes $46,696,000 available until
dow, and sharing of Customs Trade Partner- development; $44,947,000 for the deployment September 30, 2024, including $32,996,000 for
ship Against Terrorism data, in cooperation of previously funded equipment, civil works authorized Title III activities and $13,700,000
with foreign Customs Agencies and infrastructure, site prep, and installation of for the Visa Security Program. The agree-
leveraging existing platforms as appropriate. equipment associated with achieving 100 per- ment also continues a provision that with-
Furthermore, the agreement provides cent scanning of vehicles crossing the U.S. holds $5,000,000 from obligation until the re-
$500,000 to explore opportunities for addi- border. The agreement rescinds all remain- ports directed in the explanatory statements
tional investment in distributed ledger plat- ing unobligated fiscal year 2022 funding pro- accompanying Public Laws 116–6, 116–93, and
forms for coordination of customs data be- vided for NII, totaling $73,246,000, due to con- 117–103 have been submitted to the Commit-
tween the United States and international tinued concerns with the management of the tees.
partners, including potential opportunities NII program, as discussed in House Report Annual ERO and HSI Reports.—ICE is di-
for partnership with non-profit and private 117–396. rected to continue issuing annual Fiscal
entities. CBP shall provide a report to the To date, CBP has failed to request any Year ERO and HSI reports by not later than
Committees within 180 days of the date of funding to address unfunded requirements 90 days after end of each fiscal year. The re-
enactment of this Act with such rec- for civil works, installation, and site prep for ports should compare data for the reporting
ommendations. previously funded NII equipment to be de- fiscal year to the prior five fiscal years in a
Innovative Technology.—The bill provides ployed in pre-primary lanes at LPOEs, which sortable, downloadable, and printable for-
$20,000,000 for innovative technology, of could require more than an additional mat, with a description of any significant de-
which not more than $5,000,000 shall be avail- $200,000,000. While the agreement provides viations in data representation when com-
able for each specific technology project. additional funding for the NII program, CBP pared to prior years.
CBP is encouraged to review the following and DHS are encouraged to request funds in Continuation of Prior-Year Requirements.—
technologies: geospatial search and rescue; future budgets to address this shortfall. ICE shall continue to follow the directives
unmanned maritime vessels; remote sensing; To ensure proper oversight of NII funds, under the following headings in the explana-
mesh networking; satellite communications; CBP shall also continue to provide monthly tory statements accompanying the fiscal
vehicle communications in LTE denied updates to the Committees on the obligation year 2022 funding Act (Public Law 117–103),
areas; DNA traceability tools to assist in of funds for NII equipment, along with actual according to the previously directed time-
identifying goods made with forced labor and and projected performance gains as a result frames, reporting requirements, required
aerostats. CBP shall provide a briefing to the of NII deployments funded in this or prior sustainment, and guidance:
Committees within 90 days of the date of en- appropriations. Within 30 days of the date of (1) Detention Standards;
actment of this Act and quarterly thereafter enactment of this Act, CBP shall provide a (2) Reporting Requirements;
on pilot or demonstration projects that have briefing to the Committees on the status of (3) Healthcare Costs for Immigrants in De-
transitioned to normal operations over the NII coverage in pre-primary lanes along the tention;
last three fiscal years; the impact of such southwest border. The briefing should ad- (4) Law Enforcement Support Center
transitions on performance; an assessment of dress how an increase in pre-primary screen- (LESC);
common indicators for successful and unsuc- ing will impact current secondary inspection (5) Sex Offender Release Notifications;
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cessful pilots; and recommendations to capacity and the workflow of other federal (6) Kiosks for Non-Detained Appearances;
incentivize CBP programs to participate in agencies that may not have sufficient time (7) Detention Facility Inspections;
testing and adopting promising new capabili- to plan for additional resource needs. (8) HERO Child-Rescue Corp Program;
ties. Not later than 180 days after the date of (9) Child Exploitation Investigations Unit;
LPOE.—CBP shall provide a detailed report enactment of this Act, CBP shall provide a (10) Counter-Proliferation Investigations
and timeline within 90 days of the date of en- report on the current status of mobile NII Center;
actment of this Act outlining completion of technology and proposals for enhancing it. (11) International Megan’s Law;
the Blue Water Bridge Plaza expansion CBP is reminded of the reporting require- (12) Opioid Investigations;
project. The report shall align with the an- ment on 100 percent scanning in the joint ex- (13) Access to Due Process;
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8561
(14) Immigration Enforcement at Sensitive tention border management requirements, assistance from the Department; $15,000,000
Locations; including $74,980,000 in third party medical from amounts proposed for an information
(15) Forced Child Labor; costs related to noncitizens in CBP custody. technology initiative; $21,000,000 related to
(16) Intellectual Property Rights Enforce- HOMELAND SECURITY INVESTIGATIONS facility standards; $3,313,000 associated with
ment; Fugitive Operations technical assistance and
Enhancing and Modernizing HSI’s Capabili-
(17) Electronic Nationality Verification efficiencies; $6,258,000 for Criminal Apprehen-
ties.—The agreement provides a total in-
Program; sion Program technical assistance and effi-
(18) ICE Removal and Detention of U.S. crease of $5,960,000 above the request, includ- ciencies; $820,000 for Transportation and Re-
Citizens; ing: moval Program (TRP) efficiencies; and
(19) Immigration Data; and (1) $31,808,000 to restore proposed reduc- $84,871,000 for the ATD program. The agree-
(20) Wrongful Removals. tions for the Domestic Investigations PPA ment does not include the requested realign-
Danger Pay.—Within 60 days of the date of based on efficiencies that were not clearly ment of $8,000,000 in third party medical
enactment of this Act, ICE shall provide a defined; costs to CBP.
report to the Committees that details the lo- (2) $10,017,000 to increase investigative ca- 287(g) Program.—ICE is directed to publish
cation of all ICE federal employees serving pacity to respond to projected increases in applications for new or renewed 287(g) agree-
abroad who currently do not receive danger workload associated with the planned expan- ments on its website at least eight weeks
pay in locations where other federal employ- sion of CBP’s NII technology along the prior to entering into any such agreement.
ees receive such pay. The report shall also southwest border; In addition, ICE shall ensure thorough vet-
include a projected estimate of the cost to (3) $2,200,000 to expand and enhance under- ting of 287(g) applicants to minimize deten-
provide danger pay to such employees. cover activities; tion conditions that do not fully comply
Facilities Backlog and Use.—Within 60 days (4) $8,600,000 to accelerate development of with Performance-Based National Detention
of the date of enactment of this Act, and capabilities for the Repository for Analytics Standards and PREA standards.
quarterly thereafter, ICE is directed to brief in a Virtualized Environment (RAVEn); ICE, OIG, and CRCL are directed to provide
(5) $6,860,000 to fund the training, equip- rigorous oversight of the 287(g) program, and
the Committees on any changes to facility
ment, travel, software, and analysts nec- ICE is directed to notify the Committees 15
condition assessments. ICE is also directed
essary to address the increase in child ex- days prior to implementing any changes to
to incorporate those assessments into its
ploitation leads and investigations and in- the program, including any changes to train-
outyear budget requests—including its an-
creased victim assistance requirements; ing requirements, data collection, selection
nual budget justifications—for facility main-
(6) $4,500,000 for the training, equipping, criteria, or the jurisdictions with which ICE
tenance funding, as well as in its monthly
and hiring of Human Exploitation Rescue has agreements, including both entering into
execution briefings.
Operative (HERO) Child-Rescue Corps pro- new contracts or the termination of existing
Financial and Reporting System.—ICE shall
gram graduates; contracts. ICE is also directed to report to
develop a plan to configure its financial and
(7) $220,000 for the Victim Assistance Pro- the Committees on the effectiveness and ac-
reporting systems by June 2023 to better
gram; curacy of prior efforts to publicly disclose
budget for and monitor the costs of programs
(8) $14,500,000 for the National Intellectual personally identifiable information about
and initiatives and to track obligations and noncitizens encountered through the 287(g)
Property Rights (IPR) Center, of which, not
expenditures by program and initiative. Not program within 60 days of the date of enact-
less than $7,500,000 shall be for the creation
later than 60 days after the date of enact- ment of this Act.
of the Wildlife Trafficking Unit;
ment of this Act, ICE shall brief the Com- (9) $1,607,000 to restore proposed reductions If CRCL or ICE’s Office of Professional Re-
mittees on the status of this effort, including to the International Investigations PPA; and sponsibility (OPR) determines that a partici-
a description of anticipated risks and a miti- (10) $1,820,000 to restore proposed reduc- pating 287(g) jurisdiction has a pattern or
gation plan to address such risks. tions to the Intelligence PPA. practice of civil rights or liberties violations
Forward Funding of Contracts.—ICE is di- ICE is directed to update the Committees of individuals who were subsequently the
rected to identify in its monthly budget with details about the use of these additional subject of immigration enforcement activity
briefings any funding used for contracts for funds as part of its monthly operational and delegated under the 287(g) authority, the
which the period of performance extends be- expenditure plans. Further, ICE shall provide Secretary shall require CRCL to conduct a
yond the fiscal year, or begins after the end detailed staffing and budget assumptions review of the use of this program in that ju-
of the fiscal year, and to include an exhibit about these efforts in future budget requests. risdiction which shall include recommenda-
in future budget requests showing any such The agreement also includes a reduction of tions regarding ICE’s furtherance of any
forward funded contracts. $73,672,000 from the request based on updated such agreement with that jurisdiction. Not
Monthly Budget and Staffing Briefings.—In later than 120 days after the date of enact-
information from ICE about personnel cost
addition to the requirement set forth in sec- ment of this Act, and quarterly thereafter,
requirements. The agreement also rejects
tion 102 of this Act, ICE shall provide the CRCL and OPR shall brief the Committees
the proposed realignment of $2,500,000 from
Committees monthly budget and staffing on any such determinations, reviews, and
OSEM for the Blue Campaign.
briefings beginning not later than 30 days recommendations, as well as the status of
International Operations Strategic Plan.—
after the date of enactment of this Act. The any previous activity.
Within 90 days of the date of enactment of ATD.—The funding level for ATD is based
briefings shall include any source of funding this Act, HSI is directed to brief the Com-
available to ICE for obligation; align pro- on fiscal year 2022 data on the actual pro-
mittees on its strategic plan for inter- gram costs and provides sufficient funding
jected and executed budgetary obligations national operations. At a minimum, the plan
and on-board staffing data to program areas for the proposed enrollment levels. ICE shall
should include a justification for an ex- continue to brief the Committees on any
within each PPA; and delineate pay and non- panded international presence; the proposed
pay obligations. Prior to the first briefing, ATD contracts it awards under this program.
locations for expansion; the operational and Within 60 days of the date of enactment of
ICE shall provide the Committees a proposed administrative resources required to imple-
list of program areas to be tracked within this Act, ICE shall begin providing a month-
ment the plan; a description of any plan im- ly briefing on the number of noncitizens par-
each PPA, which shall at a minimum include plementation challenges or impediments, in-
all congressional priorities referenced in this ticipating in the ATD program by tech-
cluding any related to the State Depart- nology type, cost by technology type, and
Act, along with those of the last three fiscal ment; and a description of any planned ex-
years, including the accompanying explana- the number of participants who attend a por-
pansion of the Visa Security Program. tion of or all of their immigration court
tory statements for each Act. The first brief- Wildlife Trafficking Unit.—$7,500,000 is pro-
ing shall include: hearings. ICE shall also continue to publish
vided above the request for the establish- annually the following policies and data re-
(1) planned monthly obligations and on- ment of a new unit dedicated to the preven-
board staffing projections for the fiscal year lating to ATD:
tion of Wildlife Trafficking within HSI’s IPR (1) guidance for referral, placement, esca-
against which execution data will be com- Center, Global Trade Division. HSI shall con- lation, and de-escalation decisions;
pared in subsequent briefings, along with tinue to work in partnership with the U.S. (2) enrollment and disenrollment by Field
any changes to the plan; Fish and Wildlife Service and CBP to im- Office;
(2) a consultation with the Committees on (3) information on the length of enrollment
prove efforts to address wildlife trafficking.
a plan and format for future monthly brief- broken down by type of ATD;
Within 90 days of enactment of this Act, HSI
ings; (4) a breakdown of enrollment by type and
shall brief the Committees on the execution
(3) a description of any limitations pre- point of apprehension; and
of these funds and the status of the new
sented by ICE’s existing financial and staff- (5) a breakdown of disenrollment by type
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Wildlife Trafficking Unit, including efforts
ing systems of record in complying with re- and reason.
to hire and train future staff. HSI is also di-
quirements under this heading, such as the ATD Program Violations.—ICE shall submit
rected to continue to produce the report
monitoring of obligations and onboard staff data to the Committees within 30 days of the
identified in Public Law 116–125.
at the program level; and date of the enactment of this Act and
(4) ICE’s plan to address the limitations de- ENFORCEMENT AND REMOVAL OPERATIONS monthly thereafter, on the number of ATD
scribed in (3), including resource require- The agreement sustains the fiscal year 2022 program violations in the prior month, bro-
ments. detention capacity levels. Reductions below ken out by area of responsibility, type of vio-
Title V Requirements.—The agreement pro- the request include $46,150,000 based on up- lation, repeat violations, and any enforce-
vides $339,658,000 in Title V for ICE’s non-de- dated information from ICE and technical ment consequences for violations.
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S8562 CONGRESSIONAL RECORD — SENATE December 20, 2022
ATD Referrals.—ICE shall consider enroll- Pregnant, Postpartum, and Lactating for 72–hours or less; and to conduct reviews
ment referrals from NGOs and community Women.—ICE is directed to provide semi- and inspections of any special or short-term
partners that are actively implementing annual reports on the total number of preg- or emergency facilities and programs.
ICE’s ATD programs that utilize case man- nant, postpartum, and lactating women in Workload Staffing Model (WSM).—The
agement. ICE shall establish, with the con- ICE custody, including detailed justification agreement includes $4,000,000 above the re-
sultation of relevant NGO and local commu- of the circumstances warranting each such quest to conduct an IV&V of the WSM, which
nity partners, at ICE’s discretion, criteria detainee’s continued detention and the shall be performed by an organization that is
for such referrals, guidelines for submission, length of detention. These anonymized re- technically, managerially, and financially
and criteria for how ICE will consider any ports shall be made publicly available on the independent from ICE and DHS. Not later
such referrals for enrollment in ATD pro- ICE website. than 90 days after the date of enactment of
grams. ICE shall submit a report to the Com- Transportation and Removal Program this Act, ICE shall brief the Committees on
mittees on progress regarding these guide- (TRP).—TRP provides the safe and secure the status of the IV&V and the WSM, includ-
lines within 60 days of the date of enactment transportation of noncitizens who are sub- ing how the WSM supports the formulation
of this Act and quarterly thereafter until the ject to final orders of removal or require of budget requests and is used in the develop-
guidelines are finalized. ICE shall submit an transfer within the United States, which ment and implementation of ICE’s oper-
annual report on the number of NGO refer- may ultimately include transportation to ational plan.
rals that are submitted and the number of the noncitizen’s final destination if ICE de- Office of the Principal Legal Advisor
such referrals accepted into ATD programs termines in its discretion that such trans-
that utilize case management programs. The agreement provides the requested
portation is necessary. level of $402,314,000 for OPLA.
Custody Operations.—The agreement sus- Within 60 days of the date of enactment of
tains the fiscal year 2022 detention capacity this Act, and quarterly thereafter, ICE shall PROCUREMENT, CONSTRUCTION, AND
levels. Within 90 days of the date of enact- brief the Committees on its existing con- IMPROVEMENTS
ment of this Act, ICE shall brief the Com- tracts for all air, ground, and sea transpor- The agreement provides $22,997,000,
mittees on a projected cost to secure an tation of noncitizens, including children and $74,765,000 below the request. ICE shall pro-
Independent Verification and Validation families. The briefing shall include a descrip- vide a detailed expenditure plan to the Com-
(IV&V) of a detention capacity funding re- tion of the current total contracted capac- mittees for each project, including the
quirements model to be used for resource ity, delineated by transportation type; aver- planned use of any carryover balances of
planning for the current year, budget year, age cost per person for each type; contract prior-year funding, within 30 days of the date
and out-years. The review should address the options, where applicable; contract costs, in- of enactment of this Act and provide plan
accuracy of projections of average daily pop- cluding actual daily, weekly, and monthly updates as part of its monthly operational
ulation levels and utilization rates for fund- costs; and comparisons of actual costs to ini- and expenditure briefings. These plans shall
ed detention capacity; whether the model tial projections for the preceding quarter. also include information on the operational
clearly accounts for policy and external fac- Unaccompanied Children (UC) Transferred efficiencies and expanded capabilities that
tors; and whether the model is informed by from ORR.—Not later than 30 days after the will result from these investments.
projected border encounters. ICE shall brief date of enactment of this Act and quarterly TRANSPORTATION SECURITY ADMINISTRATION
the Committees within 30 days of the date of thereafter, ICE shall brief the Committees
enactment of this Act and monthly there- OPERATIONS AND SUPPORT
on its compliance with Garcia Ramirez, Et
after on the detention capacity, cost, and ac- The agreement reduces the request by a
Al. v. ICE, Et Al. (No. CV 18–508 (RC)).
tual use associated with detention contracts total of $744,362,000. Increases above the re-
that do not have guaranteed minimum costs. Mission Support quest include $94,147,000 for exit lane staff-
Detention and Solitary Confinement of Vul- The agreement provides $8,657,000 above ing; $13,382,000 for the Personnel Futures
nerable/Special Populations.—Within 15 days the request for Mission Support and includes Program; $5,000,000 for acquisition support
of the date of enactment of this Act and realignments among the three Mission Sup- staffing; and $4,000,000 for pipeline cybersecu-
quarterly thereafter, ICE shall report on a port sub-PPAs based on technical assistance rity. Decreases below the request are attrib-
publicly available website the number of in- from the Department. The total includes in- uted to the implementation of personnel sys-
dividuals in vulnerable or special popu- creases above the request of $4,000,000 for a tem changes later in the fiscal year than
lations in its physical custody for the pre- workforce staffing model IV&V; $2,500,000 for proposed and staffing increases that better
ceding quarter. At a minimum, the report the Office of Detention Oversight; $12,000,000 reflect fiscal year 2023 requirements, as de-
shall include: for body worn cameras; $10,000,000 for in- scribed below. The agreement includes
(1) a definition for vulnerable and special creased legal access for non-citizens in de- $22,300,000 for Credential Authentication
populations; tention; and $583,000 for restoring a 2022 en- Technology in the PC&I account instead of
(2) the number of consecutive and cumu- hancement for the Office of Professional Re- in the O&S account, where the funding had
lative days such individuals were in deten- sponsibility. It includes decreases from the been proposed. The agreement also provides
tion or involuntary segregation through iso- request of: $7,917,000 for OPLA augmentation net zero budgetary adjustments requested by
lation, solitary confinement, or protective efforts; $1,999,000 for event security logging; TSA in technical assistance.
custody; $1,486,000 for ATD IT services; and $9,024,000 Exit Lane Staffing.—The agreement rejects
(3) the basis for any use of involuntary seg-
for mission and administration support in- the $94,147,000 decrease proposed in the Presi-
regation; and
frastructure. dent’s fiscal year 2023 budget to eliminate
(4) the process for and frequency of re-eval-
Body Worn Cameras.—ICE shall use the re- statutorily-required exit lane staffing. With-
uating custody decisions.
Within 90 days of the date of enactment of sults from its Body Worn Camera pilot to de- in 120 days of the date of enactment of this
this Act, ICE shall brief the Committees on velop guidance and policies for full imple- Act, TSA shall provide a report to the Com-
the state of compliance with the principles mentation across the agency. Within 90 days mittees on technological solutions to secure
and standards of all ICE guidance related to of the date of enactment of this Act, ICE exit lanes and the feasibility of imple-
vulnerable populations, along with any nec- shall brief the Committees on the draft guid- menting such solutions.
essary actions needed to remediate defi- ance and policies for the pilot. Federal Air Marshal Service (FAMS).—TSA
ciencies. The briefing should address the Fleet.—The agreement provides the re- shall continue to submit semiannual reports
number of facilities that are in compliance quested amount for vehicles, of which at the appropriate level of classification on
with such guidance; their location; the num- $1,000,000 is for the replacement and mainte- FAMS mission coverage, staffing levels, and
ber of available beds for vulnerable or special nance of vehicles deployed overseas. hiring rates.
populations; whether those beds are in a Improved Legal Resources.—The agreement Hiring in Rural Communities.—Not later
form of involuntary segregation; and wheth- provides $10,000,000 above the request to the than 90 days after the date of enactment of
er such facilities need additional resources Civil Liberties Division of the Office of Di- this Act, TSA shall provide a briefing to the
to ensure the health and safety of such per- versity and Civil Rights to improve law li- Committees on the challenges of recruiting
sons in their care and custody. braries, update legal materials, provide on- and retaining federal employees in non-con-
Juvenile Coordinators.—Within 60 days of line legal access, expand video attorney visi- tiguous and rural states, including how TSA
the date of enactment of this Act, and quar- tation, and facilitate the secure exchange of is addressing these challenges and the re-
terly thereafter, ICE shall brief the Commit- legal documents between noncitizens and sources identified for this purpose.
tees on the status of regional juvenile coor- their counsel. ICE is directed to brief the International Parental Child Abduction.—
dinators and young adults in the ICE system, Committees on an expenditure plan for in- Within 120 days of the date of enactment of
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and provide updates on the IV&V, as pre- creased legal access within 60 days of the this Act, TSA shall provide a report to the
viously directed. date of enactment of this Act. Committees summarizing current frontline
Personal devices.—ICE shall brief the Com- Office of Detention Oversight (ODO).—The workforce training requirements on recog-
mittees, within 180 days of the date of enact- agreement provides $2,500,000 above the re- nizing and preventing international parental
ment of this Act, on the potential implica- quest to support additional, unannounced in- child abduction.
tions, pros/cons, and costs/savings associated spections; to review compliance with each On-Person Screening Algorithm Develop-
with allowing noncitizens in custody to re- detention standard not less than once every ment.—The agreement provides $18,700,000, as
tain or have access to their personal cell three years at each facility; to expand ODO’s requested in the President’s fiscal year 2023
phones while in custody. oversight to facilities that detain individuals budget, to continue the development of an
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8563
upgraded algorithm to achieve lower alarm which CAT is not currently deployed, and a ing in the two Field Operations PPAs. For
rates for the current Advanced Imagining plan for the full procurement and deploy- the fiscal year 2024 budget justification, the
Technology fleet. ment of CAT systems at all domestic air- Department is expected to propose funding
Passenger Screening Canine Teams.—Within ports. in the same sub-PPA structure.
120 days of the date of enactment of this Act, Explosive Detection Systems (EDS).—TSA is Department of Defense (DOD) Cybersecurity
TSA shall brief the Committees on its ongo- directed to provide quarterly briefings on its Requirements.—The Coast Guard shall brief
ing efforts to improve the effectiveness of investment plans for checkpoint security the Committees within 120 days of the date
passenger screening canine teams. and EDS refurbishment, procurement, and of enactment of this Act, on its compliance
Personnel System Changes.—The agreement installation by airport location. These brief- with DOD information network require-
provides $397,619,000 to implement TSA per- ings shall include information on specific ments.
sonnel system initiatives in fiscal year 2023, technologies for purchase; program sched- Interoperable Gateway System (IGS) Mod-
compared to $992,020,000 in the President’s ules; major milestones; obligation schedules; ernization.—The Coast Guard is directed to
budget request. Not later than 180 days after recapitalization priorities; status of oper- explore the feasibility and value of incor-
the date of enactment of this Act, TSA shall ational testing for each passenger screening porating IGS technology into its operations
provide a briefing to the Committees on a technology under development; and a table and to brief the Committees on the results of
detailed plan to effectively measure the im- detailing actual unobligated balances versus its assessment within 120 days of the date of
pact of these personnel system changes on those anticipated at the close of the fiscal enactment of this Act.
TSO recruitment, hiring, and retention. year. Migrant Interdiction Effectiveness.—Within
Pipeline Cybersecurity.—The agreement pro- These briefings shall also include details 90 days of the date of enactment of this Act,
vides $4,000,000 above the President’s budget on checkpoint screening pilot programs and the Coast Guard is directed to brief the Com-
request for pipeline cybersecurity, sufficient public-private partnerships that are in mittees on the key drivers of the drop in the
to meet the estimated fiscal year 2023 re- progress or being considered for implementa- migrant interdiction effectiveness rate in
quirements for this activity when combined tion. For each pilot program or public-pri- the maritime environment and any actions
with carryover funding from prior years. Not vate partnership, these briefings shall also the Coast Guard is taking to improve its ef-
later than 90 days after the date of enact- include a summary; a description of its fectiveness rate.
ment of this Act, TSA shall provide a brief- goals; potential capabilities and benefits of NSC Follow-On.—The agreement reduces
ing to the Committees on an obligation plan the program; the airports where the pilots or the budget request for NSC follow-on costs
for fiscal year 2023 and actions taken to bet- partnerships will take place; funding com- by $20,429,000 but fully funds the requested
ter plan for required funding in future years. mitments; and plans for future expansion. military personnel follow-on costs.
Remote Screening Infrastructure (RSI).— OPC Follow-On.—The agreement reduces
In addition, the briefing shall include de-
Within 90 days of the date of enactment of the budget request for operations and main-
tailed program schedules for passenger
this Act, TSA shall provide a briefing to the tenance costs of the second OPC by $5,781,000
screening technologies, including all mile-
Committees detailing its partnership with but fully funds the requested military per-
stones from the issuance of a request for pro-
the Science and Technology Directorate on sonnel follow-on costs.
posal to deployment. Offshore Wind.—The Coast Guard and De-
the RSI initiative. The briefing shall include RESEARCH AND DEVELOPMENT partment are encouraged to collaborate with
information on all remote screening evalua-
The agreement provides $33,532,000 as re- other public and private stakeholders, in-
tion efforts, the feasibility of incorporating
quested. cluding industry and labor groups, to sup-
remote screening infrastructure into screen-
Innovation Task Force (ITF).—Within 120 port offshore wind and supporting maritime
ing environments, and an analysis of any po-
days of the date of enactment of this Act, infrastructure and to work together to sup-
tential impacts on TSA staffing, security op-
TSA shall provide a briefing to the Commit- port the domestic workforce and vessel in-
erations, and the passenger experience.
tees on how the funds provided for ITF will ventory required to advance offshore wind
Transportation Security Officer (TSO) Staff-
inform future TSA budget requests. technology.
ing.—The agreement provides $60,638,000 for Regional Programs.—The Coast Guard shall
new TSO hiring. Within 90 days of the date of Open Architecture.—Within 120 days of the
date of enactment of this Act, TSA shall pro- provide quarterly briefings on the execution
enactment of this Act, and monthly there- of funding provided for its operations in var-
after, TSA shall provide a briefing on TSO vide a briefing to the Committees on current
developments of an established open archi- ious regions (including the Arctic Strategy
staffing levels using the most current pay- and Operations and the Oceania Operations
roll data available, combined with commen- tecture framework for transportation secu-
rity equipment. The briefing shall include and Strategy Development initiatives funded
surate passenger volume and wait-time data. in the agreement) beginning within 180 days
TSA shall ensure that future budget requests well-defined requirements and standards,
and detail existing workflows and interfaces of the date of enactment of this Act.
and briefings include a detailed forecast of Towing Vessel Inspection Fee.—The Coast
passenger volume in relation to requested across the aviation security domain.
Guard is directed to brief the Committees on
TSO staffing levels and specify projected COAST GUARD
the status of the rulemaking and implemen-
operational efficiencies and passenger expe- OPERATIONS AND SUPPORT tation of new user fees within 60 days of the
rience improvements resulting from the con- The agreement provides an increase of date of enactment of this Act.
tinued investment and deployment of new $80,449,000 above the request, including in- Unfunded Priorities List (UPL).—The Coast
screening technologies. creases of $110,939,000 to maintain 2022 en- Guard is directed to provide a list of ap-
Visible Intermodal Prevention and Response hancements; $82,598,000 for increased fuel and proved but unfunded Coast Guard priorities
(VIPR) Teams.—The agreement partially re- energy costs; $20,000,000 for the National and the associated funding needs for each
jects the $6,854,000 decrease for VIPR as pro- Coast Guard Museum exhibits; $5,000,000 to priority to the Committees at the time of
posed in the President’s fiscal year 2023 meet increased demand for the child care the fiscal year 2024 budget request submis-
budget. Within the funds provided for Sur- subsidy; $5,000,000 for housing program in- sion.
face Programs, the agreement includes vestments; $2,500,000 for military recruiting; Unmanned Surface Vehicles (USV).—The
$800,000 for body worn cameras to ensure $4,004,000 for other recruiting and retention agreement directs the Coast Guard to pro-
compliance with Executive Order 14074, and efforts; $3,600,000 to accelerate efforts to vide a report on its research and develop-
$151,000 for increased VIPR law enforcement modify the nine 140–foot Bay Class ment activities related to USVs, including
training. Icebreaking Tug berthings to accommodate an evaluation of wind and solar powered ves-
PROCUREMENT, CONSTRUCTION, AND mixed gender crews; $1,900,000 for the oper- sels with surface and subsurface capabilities,
IMPROVEMENTS ation, maintenance, and transport of new within 90 days of the date of enactment of
The agreement provides $22,300,000 above hyperbaric chambers funded in PC&I; and this Act. The Coast Guard shall update the
the request, which reflects the realignment $275,000 for station redundancy adjustments. Committees on the findings of its research as
of Credential Authentication Technology The agreement includes reductions from they become available.
funding from the O&S account. the request, including: $39,509,000 for the At- PROCUREMENT, CONSTRUCTION, AND
Computed Tomography (CT).—The agree- lantic Partnership; $25,000,000 for the crewing IMPROVEMENTS
ment includes $105,405,000, as proposed in the of a commercially available icebreaker; The agreement provides an increase of
President’s fiscal year 2023 budget, for the $21,611,000 to reflect updated pay assump- $14,800,000 above the request, including
purchase and installation of approximately tions; $20,429,000 in NSC follow-on costs to re- $46,000,000 for the economic price adjustment
108 CT machines for passenger checkpoints flect changes in the NSC schedule; $6,756,000 costs of Fast Response Cutters (FRCs) fund-
SSpencer on DSK126QN23PROD with SENATE-2
at the highest-risk airports in the United for software follow-on costs; $5,781,000 in Off- ed in prior years; $56,000,000 for eight new
States. TSA is directed to continue to lever- shore Patrol Cutter (OPC) follow-on costs to MH–60T helicopter hulls; $12,000,000 for heavy
age innovative capabilities to improve reflect changes in the OPC schedule; weather boats; $10,000,000 for the Vessel Traf-
threat detection. $3,807,000 for the Operations and Strategy De- fic System modernization and Command and
Credential Authentication Technology velopment—Oceania program; and $2,474,000 Control Modernization efforts; $7,800,000 for
(CAT).—Within 90 days of the date of enact- for innovation and commercial technology hyperbaric recompression chambers;
ment of this Act, TSA shall provide a report initiatives. $75,000,000 for the Polar Security Cutter
to the Committees detailing airports at In lieu of the requested contingency fund- (PSC) homeport in Seattle; $10,000,000 for
which CAT is currently deployed, airports at ing, the agreement provides increased fund- phase 3 of the family housing project at Fort
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S8564 CONGRESSIONAL RECORD — SENATE December 20, 2022
Wadsworth-Sector New York; $10,000,000 for Aircraft forensics and academic certification at NCFI
Air Station Barbers Point hangar project; MH—60T Fleet.—The agreement includes and $23,000,000 to repurpose and renovate ex-
$105,000,000 for the Kodiak pier project for $56,000,000 above the request for eight new isting NCFI facilities to accommodate the
OPCs and FRCs; and $35,000,000 for construc- MH–60T helicopter hulls to accelerate the ro- ongoing growth of the program. These re-
tion and expansion of Coast Guard child de- tary wing fleet transition. sources are critical to bolstering state and
velopment centers. Reductions from the re- Other Acquisition Programs local cyber capabilities and supporting USSS
quest include: $125,000,000 for a commercially CFTF. NCFI shall continue to prioritize the
The agreement includes $17,800,000 above
available ice breaker; $120,000,000 from the training needs of SLTT law enforcement per-
the request, including $7,800,000 for
PSC program and $107,000,000 from the OPC sonnel and legal and judicial professionals in
hyperbaric recompression chambers and
program. computer forensics and cyber investigations.
Coast Guard Yard Resilient Infrastructure $10,000,000 for the Vessel Traffic System mod-
Strategic Human Capital Plan.—The agree-
and Construction Improvement.—The Coast ernization and Command and Control Mod-
ment directs the USSS, in coordination with
Guard should dedicate funding to facility up- ernization efforts.
the Department’s Chief Human Capital Offi-
grades needed to improve the resilience of Shore Facilities and Aids to Navigation cer (CHCO), to annually evaluate the 5–year
the Coast Guard Yard and associated infra- The agreement includes $235,000,000 above strategic human capital plan to assess
structure, as well as any other shore infra- the request for several projects from the progress in meeting identified benchmarks
structure maintenance and capital improve- Coast Guard’s UPL including $75,000,000 for and goals. The USSS and the CHCO shall
ment projects. the PSC homeport in Seattle; $10,000,000 for also brief the Committees not less than bi-
Commercially Available Icebreaker.—The phase 3 of the family housing project at Fort annually on progress in achieving plan
agreement does not include the requested Wadsworth-Sector New York; $10,000,000 for benchmarks and goals.
funding for the acquisition of a commer- Air Station Barbers Point hangar project;
PROCUREMENT, CONSTRUCTION, AND
cially available polar icebreaker. $105,000,000 for the Kodiak pier project for
IMPROVEMENTS
Domestic Content.—To the maximum extent OPCs and FRCs; and $35,000,000 for construc-
practicable, the Coast Guard is directed to tion and expansion of Coast Guard Child De- The agreement provides $18,000,000 above
utilize components that are manufactured in velopment Centers. the request for a net realignment from O&S
the United States when contracting for new based on technical assistance provided by
UNITED STATES SECRET SERVICE
vessels, including auxiliary equipment, such the Secret Service.
OPERATIONS AND SUPPORT
as pumps for shipboard services; propulsion TITLE II—ADMINISTRATIVE PROVISIONS
equipment, including engines, reduction The agreement provides $100,671,000 above
Section 201. The agreement continues a
gears, and propellers; shipboard cranes; and the request, including $11,000,000 for in-
provision regarding overtime compensation.
spreaders for shipboard cranes. creased travel expenses; $32,800,000 for pro-
Section 202. The agreement continues a
Fleet Mix Analysis.—The Coast Guard is di- tection of protectees; $11,700,000 for increased
provision allowing CBP to sustain or in-
rected to provide an update to the Commit- National Special Security Event (NSSE) sup-
crease operations in Puerto Rico and the
tees on the analysis required in division F of port; $2,500,000 for the National Threat As-
U.S. Virgin Islands with appropriated funds.
the Joint Explanatory Statement accom- sessment Center (NTAC); $2,600,000 for in- Section 203. The agreement continues a
panying Public Law 117–103 within 60 days of creased campaign support; $38,270,000 to con- provision regarding the availability of pas-
the date of enactment of this Act. The anal- tinue and expand training in computer senger fees collected from certain countries.
ysis should include all classes of vessels, in- forensics by the National Computer Section 204. The agreement continues a
cluding those with missions that might not Forensics Institute (NCFI); $5,000,000 for provision allowing CBP access to certain re-
have a direct bearing on the workload of Cyber Fraud Task Force (CFTF); and imbursements for preclearance activities.
other vessel classes. $8,801,000 for permanent change of station re- Section 205. The agreement continues a
Full-Funding Policy.—Consistent with con- quirements. Additionally, the agreement in- provision regarding the importation of pre-
gressional direction in prior years, the Coast cludes a net realignment of $18,000,000 from scription drugs from Canada.
Guard shall be exempt from any acquisition O&S to PC&I compared to the request, based Section 206. The agreement continues a
policy that requires an appropriation for the on technical assistance from the Secret provision regarding the waiver of certain
total acquisition cost for a vessel, including Service. navigation and vessel-inspection laws.
long lead time materials (LLTM), production Within the total amount provided, the bill Section 207. The agreement continues a
costs, and postproduction costs, before a pro- makes $52,296,000 available until September provision preventing the establishment of
duction contract can be awarded. 30, 2024, including $1,675,000 for international new border crossing fees at LPOEs.
Funded Projects.—The Coast Guard is di- operations; $12,880,000 for the James J. Section 208. The agreement continues and
rected to expeditiously notify the Commit- Rowley Training Center; $15,241,000 for Oper- modifies a provision requiring the Commis-
tees regarding cost increases, executability ational Mission Support; $18,000,000 for pro- sioner of CBP to submit an expenditure plan
concerns, and any other issues that may in- tective travel; and $4,500,000 for NSSEs. for funds made available under the heading,
crease the risk profile of planned and funded CFTF.—The agreement includes $5,000,000 ‘‘U.S. Customs and Border Protection—Pro-
acquisitions. above the request to help provide the modern curement, Construction, and Improve-
Heavy Weather Boats.—The agreement in- investigative capabilities necessary for com- ments’’.
cludes $12,000,000 above the request to re- bating the rise in transnational crimes under Section 209. The agreement continues a
place heavy weather boats that have been the jurisdiction of USSS. The USSS shall en- provision prohibiting the construction of
taken out of service. sure funds are evenly distributed among the border security barriers in specified areas.
NSC Program.—The agreement provides the Secret Service’s Field Divisions for nec- Section 210. The agreement continues a
requested $60,000,000 for the NSC program to essary mobile forensic technology upgrades. provision on vetting operations at existing
support post-delivery activities to missionize Not later than 120 days after the date of en- locations.
and operationalize NSCs 10 and 11. actment of this Act, USSS is directed to pro- Section 211. The agreement includes a new
OPC.—The agreement includes $543,000,000, vide a briefing on the efforts of the CFTF, in- provision that provides for a grant for the
which is $107,000,000 below the request, for cluding the current state of the program and purposes of providing shelter and other serv-
the construction of the fifth OPC and LLTM any future needs to ensure the task forces ices.
for the sixth OPC. No funding is provided for remain prepared for evolving cyber threats. Section 212. The agreement continues a
hull form licenses or training aids. Presidential Limousine.—USSS is directed to provision that describes the use of funds pro-
PSC.—The agreement includes $42,000,000 provide annual updates on acquisition con- vided under the heading, ‘‘U.S. Customs and
for the program management costs of a third tract progress, including contract perform- Border Protection—Procurement, Construc-
PSC. ance in meeting delivery deadlines. tion, and Improvements’’.
Quarterly Acquisition Briefing.—The Coast Secret Service Overtime.—Not later than 30 Section 213. The agreement continues a
Guard shall continue to brief the Commit- days after the date of enactment of this Act, provision prohibiting the use of funds pro-
tees quarterly on all major acquisitions, USSS is directed to provide data to the Com- vided under the heading, ‘‘U.S. Immigration
with a particular focus on the costs and mittees for the previous calendar year on and Customs Enforcement—Operations and
schedules of the NSC, OPC, and PSC pro- personnel who received supermax pay, Support’’ to continue a delegation of author-
grams. In addition, the Coast Guard shall disaggregated by position, title and pay ity under the 287(g) program if the terms of
brief the Committees at least one week prior grade, years of federal service at USSS, total an agreement governing such delegation
to taking procurement actions that will sig- years of service with the Federal Govern- have been materially violated.
nificantly impact the costs of these acquisi- ment, and total salary, delineated by base, Section 214. The agreement continues a
SSpencer on DSK126QN23PROD with SENATE-2
tion programs. overtime, and supermax pay. USSS shall en- provision prohibiting the use of funds pro-
Waterways Commerce Cutter (WCC).—The sure that all privacy-related laws are fol- vided under the heading ‘‘U.S. Immigration
agreement includes $77,000,000, as requested, lowed as a part of this data reporting re- and Customs Enforcement—Operations and
for the recapitalization of the nation’s in- quirement. Beginning with the fiscal year Support’’ to contract with a facility for de-
land tenders and barges. The Coast Guard 2025 budget request, this information should tention services if the facility receives less
shall maintain consistent oversight of the be included in the justification materials than ‘‘adequate’’ ratings in two consecutive
procurement process including adherence to that accompany budget submissions. performance evaluations and requires that
the small business set aside arrangement Support for NCFI.—The agreement includes such evaluations be conducted by the ICE
throughout the duration of the program. $45,526,000 to continue training in computer OPR.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8565
Section 215. The agreement continues a Section 234. The agreement continues a sustainment of fiscal year 2022 enhance-
provision allowing the Secretary to repro- provision allowing the reprogramming of ments.
gram funds within and transfer funds to funds provided under the heading, ‘‘United Accreditation of Third-Party Cybersecurity
‘‘U.S. Immigration and Customs Enforce- States Secret Service—Operations and Sup- Service Providers.—CISA shall examine the
ment—Operations and Support’’ to ensure port’’. feasibility of developing standardized re-
the detention of noncitizens prioritized for Section 235. The agreement continues a quirements for and accreditation of third-
removal. provision allowing funds provided under the party cybersecurity service providers for fed-
Section 216. The agreement continues a heading, ‘‘United States Secret Service—Op- eral agencies, SLTT governments, and crit-
provision that requires ICE to provide statis- erations and Support’’ to be available for ical infrastructure organizations, including
tics about its detention population. travel of employees on protective missions vulnerability assessment and incident re-
Section 217. By reference, the agreement without regard to the limitations on such ex- sponse providers. Not later than 120 days
continues provisions related to information penditures. after the date of enactment of this Act, CISA
sharing and on reporting under the 287(g) Section 236. The agreement includes a new shall brief the Committees on the results of
program. provision providing for a grant or coopera- this analysis, which shall include any nec-
Section 218. The agreement continues a tive agreement for certain existing facilities essary additional legal authorities required
provision clarifying that certain elected and used by the USSS. to execute such functions.
appointed officials are not exempt from fed- TITLE III—PROTECTION, PREPARED- Critical Infrastructure Cybersecurity Shared
eral passenger and baggage screening. NESS, RESPONSE, AND RECOVERY Services Pilot Program.—The agreement pro-
Section 219. The agreement continues a vides $15,000,000 above the request for the de-
provision directing TSA to deploy explosives CYBERSECURITY AND INFRASTRUCTURE velopment of a pilot program to make avail-
detection systems based on risk and other SECURITY AGENCY able scalable, commercial cybersecurity
factors. OPERATIONS AND SUPPORT shared services that critical infrastructure
Section 220. The agreement continues a The agreement includes a net increase of entities can utilize to detect and prevent cy-
provision authorizing TSA to use funds from $388,946,000 above the budget request, as de- bersecurity threats and more effectively
the Aviation Security Capital Fund for the scribed in further detail below. The agree- mitigate vulnerabilities, as described in
procurement and installation of explosives ment also includes one-time reductions to House Report 117–396.
detection systems or for other purposes au- account for projected under-execution of Cyber Defense Education and Training
thorized by law. payroll-related funding; such reductions are (CDET).—The agreement provides $17,300,000
Section 221. The agreement continues and not intended to impact CISA’s table of orga- above the request to support CDET, includ-
modifies a provision requiring TSA to pro- nization but rather, to reflect that hiring all ing $5,000,000 for continuing the Federal
vide a report that includes the Capital In- congressionally funded positions will require Cyber Reskilling Academy; $2,500,000 for con-
vestment Plan, the five-year technology in- additional time. tinuing the National Initiative for Cyberse-
vestment plan, and information on Advanced Of the total amount provided for this ac- curity Education (NICE); $3,000,000 for the
Integrated Passenger Screening Tech- count, $36,293,000 is available until Sep- development of non-traditional training pro-
nologies. tember 30, 2024, for the National Infrastruc- viders (NTTP) in cyber workforce develop-
Section 222. The agreement continues and ture Simulation Analysis Center (NISAC). ment; and $6,800,000 for continuing invest-
modifies a provision relating to a pilot pro- Industry Outreach.—To allow CISA and in- ments in cybersecurity education programs
gram for screening outside an existing pri- dustry to have meaningful discussions about targeting kindergarten through the 12th
mary passenger terminal screening area. cybersecurity capabilities, challenges, and grade (K–12), including the Cybersecurity
Section 223. The agreement continues a technologies, as well as future business op- Education and Training Assistance Program
provision prohibiting funds made available portunities, CISA is directed to hold quar- (CETAP). CETAP and NTTP funding may be
by this Act under the heading, ‘‘Coast terly outreach sessions with a broad array of executed as grants or cooperative agree-
Guard—Operations and Support’’ for rec- small, mid-size, and large cyber security ments, as needed.
reational vessel expenses, except to the ex- businesses. In addition, CISA shall regularly CISA shall provide a briefing to the Com-
tent fees are collected from owners of yachts provide additional engagement opportunities mittees not later than 90 days after the date
and credited to this appropriation. for both small group and one-on-one industry of enactment of this Act regarding efforts to
Section 224. The agreement continues a sessions. CISA shall provide a briefing to the implement the interagency cybersecurity
provision under the heading, ‘‘Coast Guard— Committees within 90 days of the date of en- training and education strategy developed in
Operations and Support’’ allowing up to actment of this Act that details the level of fiscal year 2022, to include an update on
$10,000,000 to be reprogrammed to or from participation, materials shared with indus- CISA’s cybersecurity education and training
Military Personnel and between the Field try, and a timeline for future engagements. programs. CISA is also directed to continue
Operations funding subcategories. Quarterly Budget and Staffing Briefings.— its commitment to the NICE Challenge
Section 225. The agreement continues a The agreement includes a provision to re- Project and shall brief the Committees not
provision requiring the Commandant of the quire that the Director of CISA (or the Di- later than 90 days after the date of enact-
Coast Guard to submit a future-years capital rector’s designee) provide the Committees ment of this Act on its planned activities re-
investment plan. quarterly expenditure plan, budget execu- garding this project.
Section 226. The agreement continues a tion, and staffing briefings, consistent with Cyber Threat Indicators.—The agreement
provision related to the reallocation of funds the requirement in the explanatory state- provides $7,100,000 above the budget request
for certain overseas activities. ment accompanying the fiscal year 2022 fund- level for a collaborative analysis of cyber
Section 227. The agreement continues a ing Act (Public Law 117–103). The provision threat indicators, including $6,740,000 within
provision prohibiting funds to reduce the reduces the amounts for CISA Operations the Threat Hunting PPA and $360,000 within
staff or mission at the Coast Guard’s legacy and Support by $50,000 for each day after the the Operations, Planning, and Coordination
Operations Systems Center. respective due dates that the briefings for PPA, to expand CISA’s capacity and capa-
Section 228. The agreement continues a the first three quarters have not been pro- bilities related to data collection and statis-
provision prohibiting the use of funds to con- vided to the Committees; and directs that tical analyses.
duct a competition for activities related to any such reductions come from the Manage- Cyber Threat Intelligence Shared Service Of-
the Coast Guard National Vessel Documenta- ment and Business Activities PPA. fering.—The agreement provides $2,500,000
tion Center. above the request to enable CISA to continue
Section 229. The agreement continues a Cybersecurity efforts funded in fiscal year 2022 to enhance
provision allowing the use of funds to alter, The agreement includes a net increase of its cyber threat intelligence ‘‘as-a service’’
but not reduce, operations within the Civil $210,241,000 above the budget request, includ- capabilities through CISA’s Cybersecurity
Engineering program of the Coast Guard. ing $164,819,000 to sustain fiscal year 2022 en- Shared Services Office (CSSO).
Section 230. The agreement continues a hancements; $23,476,000 to implement re- Data Security Vulnerability Improvements.—
provision allowing for use of the Coast Guard quirements of the Cyber Incident Reporting Not later than 180 days after the date of en-
Housing Fund. for Critical Infrastructure Act of 2022 actment of this Act, the Secretary shall sub-
Section 231. The agreement continues a (CIRCIA) (Public Law 117–103); and $51,400,000 mit a report that examines existing security
provision related to towing vessel fees. in enhancements that are described in more vulnerabilities of Federal Civilian Executive
Section 232. The agreement continues a detail below. The agreement realigns $650,000 Branch (FCEB) government IT systems. The
provision allowing the Secret Service to ob- and 3 FTE from CISA’s Joint Cyber Defense report shall include an examination of
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ligate funds in anticipation of reimburse- Collaborative (JCDC) to CISA’s Office of emerging technologies that could improve
ment for personnel receiving training. Strategy, Policy, and Plans (SPP) to host the government’s data security and protec-
Section 233. The agreement continues a the Program Management Office (PMO) for tion, such as data shielding and immutable
provision prohibiting the use of funds by the Sensitive Source Reporting Programs. The logging of suspect activity; instant threat
Secret Service to protect the head of a fed- agreement includes a one-time reduction of and anomaly detection mechanisms; and
eral agency other than the Secretary of $21,877,000 below the request for projected user behavior analytics. This report may be
Homeland Security, except when the Direc- under-execution of funding for staffing and submitted in a classified format, if nec-
tor has entered into a reimbursable agree- $6,927,000 below the request for requested en- essary, along with an unclassified summary
ment for such protection services. hancements already funded in the of findings.
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S8566 CONGRESSIONAL RECORD — SENATE December 20, 2022
Evaluating Expansion of CSSO Support.— ransomware attack on critical infrastructure Emergency Communications
The recommendation required under this over the last year and CISA’s efforts to raise The agreement includes an increase of
heading in House Report 117–396 shall be due awareness of the threat of ransomware and $28,336,000 above the budget request, includ-
to the Committees not later than 240 days activities to reduce the impact of ing $22,482,000 to sustain fiscal year 2022 en-
after the date of enactment of this Act. ransomware attacks. hancements; $3,854,000 to restore the pro-
Evaluating Federal Cybersecurity Planning State Courts Electronic Data.—CISA is di- posed cut to the Interoperable Communica-
and Strategy.—CISA is reminded of the re- rected to continue its ongoing partnership tions Technical Assistance Program; and
quirement under this heading in the explana- with MS—ISAC to expand outreach to the $2,000,000 in enhancements that are described
tory statement accompanying the fiscal year state courts through national level associa- in more detail below.
2022 funding Act that is due annually within tions to drive participation and under- Cyber Resilient 911 (CR911) Ecosystem.—In
60 days of the submission of the President’s standing of services available to prevent, lieu of the requirement under the heading,
annual budget request. protect against, and respond to cyber-at- ‘‘Resilient Next Generation 911 (NG911) Eco-
Federal Network Resilience, Hardening Crit- tacks on state court electronic data systems. system’’ in House Report 117–396, CISA shall
ical Infrastructure and SLTT Attack Surfaces.— Threat Hunting.—Not later than 60 days include the CR911 program in its quarterly
CISA is directed to expand its attack surface after the date of enactment of this Act, CISA expenditure plan and budget briefings de-
visibility and national vulnerability incident shall provide a report to the Committees on scribed above.
response to improve situational awareness of the total capacity of threat hunting and in- First Responder Emergency Medical Commu-
internet-accessible attack surfaces related cident response capability it has developed, nications.—The agreement provides $6,000,000
to non-federal, critical infrastructure, and using a metric by which its ability to re- above the request—$2,000,000 above the fiscal
SLTT networks. Accordingly, the agreement spond to the severity and quantity of inci- year 2022 level—for CISA to administer and
provides $67,714,000 above the request to re- dents can be measured. expand competitive grants for SLTT merit-
store proposed cuts to and sustain efforts Infrastructure Security based demonstration projects and technical
funded in fiscal year 2022 for attack surface The agreement includes a net increase of assistance offerings that aid in the imple-
management and federal vulnerability re- $26,890,000 above the budget request, includ- mentation of the National Emergency Com-
sponse, and provides an additional $6,000,000 ing $28,219,000 to sustain fiscal year 2022 en- munications Plan through innovative ap-
to add non-federal, critical infrastructure, hancements; $2,520,000 to restore the pro- proaches to interoperable emergency med-
and SLTT networks to the portfolio. posed cut to the Infrastructure Assessments ical communications in rural areas to en-
Joint Cyber Defense Collaborative (JCDC).— and Analysis Program; and $12,064,000 in en- hance public safety communications.
In addition to providing $16,995,000 above the hancements that are described in more de- Integrated Operations
request in the Operational Planning and Co- tail below. The agreement includes a one- The agreement includes a net increase of
ordination PPA to sustain fiscal year 2022 time reduction of $12,000,000 below the re- $38,517,000 above the budget request, includ-
enhancements for the JCDC, the agreement quest for projected under-execution of fund- ing $34,032,000 to sustain fiscal year 2022 en-
provides $14,728,000, as requested, to further ing for staffing and $3,913,000 below the re- hancements; $5,869,000 to implement require-
expand the JCDC’s capabilities, of which quest for a requested increase to implement ments of CIRCIA; and $7,216,000 to restore
$2,604,000 is to support the Joint Cyber Co- exercise-related provisions of the Fiscal Year the proposed cut to chemical security in-
ordination Group. 2021 National Defense Authorization Act spections based on unexplained efficiencies
Further, the agreement provides $300,000 that are already funded in the sustainment that would result in fewer inspections of reg-
above the budget request to mature and ex- of fiscal year 2022 enhancements. ulated chemical facilities throughout the fis-
pand CISA’s existing relationship with the Bomb Disposal Technician Training and cal year. The agreement includes a one-time
Health Information Sharing and Analysis Technology Training Events (TTEs).—The reduction of $8,600,000 below the request for
Center and related entities that help miti- agreement provides $2,000,000 above the re- projected under-execution of funding for
gate risk to our healthcare infrastructure, quest for the Office for Bombing Prevention, staffing.
along with all other sectors and ISACs. as described in House Report 117–396. Not State Cybersecurity Coordinators.—Not later
Multi-State Information Sharing and Analysis later than 120 days after the date of enact- than 60 days after the date of enactment of
Center (MS–ISAC).—The agreement provides ment of this Act, CISA and the Federal Bu- this Act, CISA shall provide a briefing to the
not less than $43,000,000 to be awarded to the reau of Investigation (FBI) Hazardous De- Committees detailing its plan and schedule
MS–ISAC to sustain and continue to expand vices School (HDS) shall provide a briefing to hire all vacant state cybersecurity coordi-
and invest in the program’s capabilities and to the Committees that outlines a strategy nator positions. CISA shall also include rec-
expertise, to include: for ensuring that guidance, intelligence ommendations to the Committees on addi-
(1) SLTT election security support via the products, training curricula, and capability tional resources state cybersecurity coordi-
Election Infrastructure Information Sharing assessments provided to the Public Safety nators need to assist state, local, and tribal
and Analysis Center; Bomb Technician community follow stand- governments enhance their cyber defenses.
(2) mis- and disinformation mitigation ca- ardized terminology, as well as tactics, tech-
Risk Management Operations
pabilities; niques, and procedures. The briefing shall in-
clude a description of authorities, roles, and The agreement includes a net increase of
(3) enhanced support and additional li-
responsibilities of all relevant federal gov- $44,107,000 above the budget request, includ-
censes for Endpoint Detection and Response;
(4) expanded malicious domain activity ernment stakeholders, including any im- ing $43,338,000 to sustain fiscal year 2022 en-
blocking and reporting services; pacts of resources at CISA and the FBI. hancements; $700,000 to implement require-
(5) expansion of the MS–ISAC cyber inci- National Cyber Exercise Program (NCEP).—In ments of CIRCIA; and $6,869,000 to restore
dent response team and its capabilities; furtherance of section 1547 of the National the proposed cut to the NISAC. The agree-
(6) additional Albert sensors; Defense Authorization Act for Fiscal Year ment includes a one-time reduction of
(7) additional services, including Managed 2022 (Public Law 117–81), the agreement pro- $6,800,000 below the request for projected
Email Security, Security Orchestration Au- vides $6,500,000 above the request for CISA to under-execution of funding for staffing.
tomation and Response, Web Application execute its role as the NCEP administrator. Continuity of the Economy Plan.—The agree-
Firewall, and the SLTT Critical Infrastruc- School Safety.—The agreement provides ment provides $349,000 above the request for
ture Baseline Security program; $3,564,000 above the request to allow CISA to the continued development of a Continuity
(8) continuing a National Prevention Pilot expand its school safety services and product of the Economy Plan, as required by section
to provide an unclassified Unified Threat offerings. Not later than 180 days after the 9603 of the William M. (Mac) Thornberry Na-
Management service for election and SLTT date of enactment of this Act, CISA shall tional Defense Authorization Act for Fiscal
partners; provide a briefing to the Committees on its Year 2021 (Public Law 116–283).
strategy and plans to address the wide range National Risk Management Center (NRMC).—
(9) improving threat intelligence and data
of complex and evolving threats to the na- Not later than 60 days after the date of en-
retention and storage capabilities; and
(10) allowing additional SLTT members to tion’s schools, both cyber and physical. The actment of this Act, CISA shall provide a
receive MS–ISAC services. briefing shall reflect the consultation re- briefing to the Committees on the strategic
Private Sector Engagement on Cyber Train- quirements set forth in 2220D of the Home- direction of the NRMC. The briefing shall
ing.—The briefing required under this head- land Security Act of 2002 (6 U.S.C. 665K), in- also include an update on CISA’s national
ing in House Report 117–396 shall be due to cluding the Departments of Education, Jus- critical functions analytic capabilities,
the Committees not later than 60 days after tice, and Health and Human Services, and along with any applications of these capa-
the completion of the National Cyber Work- education, disability, and civil rights stake- bilities in fiscal year 2022 and the status and
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force Strategy report. holders. Further, the briefing shall include a prioritization of ongoing analyses and mod-
Protective Domain Name Service (DNS).—The breakout of the funding and staffing re- eling.
agreement provides $15,000,000 above the re- sources dedicated to these efforts and infor- Stakeholder Engagement and Requirements
quest to continue support for the operation mation on how CISA plans to prioritize evi- The agreement includes a net increase of
of a centralized federal DNS egress service. dence-based resources and strategies that $14,388,000 above the budget request, includ-
Ransomware.—Within 180 days of the date help foster safe, inclusive, and positive ing $16,198,000 to sustain fiscal year 2022 en-
of enactment of this Act, CISA shall provide school climates that support the social, emo- hancements; $700,000 to implement require-
a briefing to the Committees on the factors tional, and mental well-being of students ments of CIRCIA; and $1,890,000 in enhance-
that left the United States vulnerable to any alongside their physical safety. ments that are described in more detail
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8567
below. The agreement includes a one-time FEDERAL EMERGENCY MANAGEMENT AGENCY Emergency Management Assistance Com-
reduction of $4,400,000 below the request for OPERATIONS AND SUPPORT pact.—The agreement provides $2,000,000 in
projected under-execution of funding for The agreement provides $1,448,000 above the Response and Recovery PPA for the
staffing. the request, including $1,000,000 for adminis- Emergency Management Assistance Com-
Systemically Important Entities (SIE) Out- tration of the Next Generation Warning Sys- pact.
reach and Engagement Support.—The agree- Interagency Coordination.—Within 90 days
tem; $9,193,000 for Integrated Public Alert
ment provides $1,890,000 above the request to of the date of enactment of this Act, FEMA
and Warning System; $2,000,000 for National
support agency-wide efforts to engage with and the U.S. Department of Housing and
Continuity Readiness Implementation;
and support SIEs, as described in House Re- Urban Development (HUD) are directed to
$2,426,000 for the FEMA Strategic Program;
port 117–396. brief the Committees on:
$305,000 for the Emergency Management Ac-
(1) efforts to improve data sharing and in-
Mission Support creditation Program; $370,000 for the Cer-
tegration;
The agreement includes a net increase of tified Emergency Manager Program;
(2) how such efforts are staffed, coordi-
$26,467,000 above the budget request, includ- $3,000,000 for the FEMA Operations Center;
nated, and monitored to ensure continual
ing $16,618,000 to sustain fiscal year 2022 en- $3,200,000 for the Administration of Commu-
progress;
hancements; $3,755,000 to implement require- nity Project Funding/Congressionally Di-
(3) how such efforts can reduce redundant
ments of CIRCIA; and $11,620,000 in enhance- rected Spending grants; $350,000 to reject the
and burdensome data collection from sur-
ments that are described in more detail proposed cut to administration of Alter-
vivors;
below. The agreement realigns $650,000 and 3 natives to Detention Case Management;
(4) known challenges and barriers to ad-
FTE from the JCDC to SPP, as described $3,010,000 for the transfer of Volunteer Force
vancing FEMA–HUD data sharing;
above. The agreement includes $6,176,000 into FEMA; $632,000 to reject the proposed
(5) safeguards in place to protect survivor
below the request for requested enhance- transfer of the Office of Faith and Neighbor-
privacy; and
ments for procurement operations already hood Partnerships; $6,697,000 to reject the
(6) key lessons learned from prior efforts.
funded in the sustainment of fiscal year 2022 proposed realignment of Defense Production
National Dam Safety Program.—The agree-
enhancements. Act activities; $1,600,000 for Continuity Com-
ment provides not less than $9,657,000 in the
munications Equipment; $1,000,000 for the
Cybersecurity Insurance and Data Analysis Mitigation PPA for the National Dam Safety
Deployable Cellular Communications Sys-
Working Group.—In lieu of direction provided Program.
tem; $7,500,000 for post disaster technical as-
under these headings in House Report 117– National Earthquake Hazards Reduction Pro-
sistance to insular areas; and $32,000 above
396, CISA shall provide a briefing to the gram.—The agreement provides not less than
the request to sustain fiscal year 2022 en-
Committees, not later than 90 days after the $8,517,000 in the Mitigation PPA for the Na-
hancements.
date of enactment of this Act, on the status tional Earthquake Hazards Reduction Pro-
Funding below the request includes reduc-
of establishing a public-private cybersecu- gram.
tions of $400,000 for Human Capital Systems;
rity insurance and data analysis working National Inventory of Dams.—FEMA is di-
$4,500,000 for Regional Response Coordination
group, as described in House Report 117–87. rected to ensure the maintenance and reli-
Center Modernization; $1,622,000 for Mobile
Mission Support Requirements.—The agree- able operation of national decision support
Emergency Office Vehicles (MEOVs); and
ment provides $10,500,000 above the request, tools that generate flood inundation maps
$900,000 for the privacy organization pro-
of which $8,000,000 is for Management and and other products to support the goals of
gram. The agreement also includes a reduc-
Business Activities for resource planning and dam safety.
tion of $32,464,000 for one-time reductions to
to improve internal controls, with a focus on New Programs and Initiatives.—FEMA is di-
account for projected under-execution of
hiring and budget planning, execution, and rected to brief the Committees prior to im-
payroll-related funding and net zero tech-
reporting; and of which $2,500,000 is for Strat- plementing significant new programs or ini-
nical adjustments among PPAs requested by
egy, Policy, and Plans to increase its capac- tiatives, with sufficient time allowed for ap-
FEMA, including the realignment of the En-
ity to address CISA’s expanding and evolving propriate feedback and oversight.
terprise Cybersecurity activity and an asso-
mission. Small and Rural Water and Waste Water Sys-
ciated $982,000 out of O&S to the Disaster Re-
Talent Management Mission Support.—The tems.—FEMA is directed to provide a brief-
lief Fund base.
agreement provides $1,120,000 above the re- ing, within 60 days of the date of enactment
Advanced Modeling and 3D Technology.—
quest for additional personnel to support hir- of this Act, outlining a plan and the re-
Within 180 days of the date of enactment of
ing and talent management programs, in- sources necessary (by state) to assist water
this Act, the Office of Response and Recov-
cluding through the accelerated implementa- and wastewater utilities that lack financial
ery (OR&R) is directed to brief the Commit-
tion of the Cyber Talent Management Sys- resources and capacity to address emergency
tees on the benefits and feasibility of inte-
tem. preparedness and response activities in the
grating hi-resolution imagery and three-di-
Gulf of Mexico coastal states.
PROCUREMENT, CONSTRUCTION, AND mensional simulation capabilities into its
Technical Assistance for Insular Areas.—The
IMPROVEMENTS emergency response tools, the steps OR&R is
agreement provides $7,500,000 for post-dis-
Cybersecurity taking to execute such integration (includ-
aster technical assistance for insular areas,
ing partnerships with industry), and how
Continuous Diagnostics and Mitigation as authorized by 42 U.S.C. 5204b. FEMA is di-
these steps could expedite Federal disaster
(CDM).—The agreement provides $331,896,000 rected to brief the Committees prior to im-
declarations by the President.
for CDM, as requested. CISA is directed to plementing this program.
Building Resilient Infrastructure and Commu-
continue evaluating the use of automation Technical Hazards Preparedness and Train-
nities (BRIC).—Within 60 days of the date of
to replace manual software patch remedi- ing.—Within 60 days of the date of enactment
enactment of this Act and quarterly there-
ation methods, as described in House Report of this Act, FEMA shall brief the Commit-
after, FEMA shall brief the Committees on
117–396. CISA shall provide a briefing to the tees on a plan to implement technical haz-
the status of BRIC implementation, includ-
Committees on the findings of the evalua- ards preparedness and training, to include an
ing projected funding levels; a description of
tion within 30 days of the completion of the estimate of the resources required to offer
how stakeholder views, including those of
evaluation. this nationwide.
local governments, are incorporated into
National Cybersecurity Protection System Underserved Communities.—Within 60 days
program operation; and details about how
(NCPS).—The agreement provides $91,193,000 of the date of enactment of this Act, FEMA
FEMA is addressing stakeholder concerns re-
for NCPS, including $1,000,000 above the re- shall brief the Committees on its efforts to
garding limited feedback from FEMA to un-
quest to enhance the protection of federal implement the requirements of Executive
successful applicants and regarding the geo-
networks and expand CISA’s ability to co- Order 13985 and the measurable outcomes re-
graphic distribution of grants.
ordinate and execute defenses against na- lated to such implementation.
Within 180 days of the date of enactment of
tion-state threats and mitigate critical Urban Search and Rescue (US&R).—Within
this Act, FEMA is directed to brief the Com-
vulnerabilities. 60 days of the date of enactment of this Act,
mittees on plans for addressing how the
FEMA shall brief the Committees on the
Threat Hunting.—The agreement provides BRIC technical scoring process takes into
US&R program to understand how pre-
$31,000,000 for threat hunting, of which consideration the unique circumstances of
viously provided funds have been utilized.
$28,000,000 is for CyberSentry, $3,000,000 above many local municipalities, such as the level
the request. Not later than 30 days after the of government with responsibility for build- PROCUREMENT, CONSTRUCTION, AND
date of enactment of this Act, CISA shall ing code adoption and enforcement. IMPROVEMENTS
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provide a briefing to the Committees on the Dam Removal Coordination.—Within 60 days The agreement includes an increase of
additional capacity it will achieve in fiscal of the date of enactment of this Act, FEMA, $17,411,000 above the request, including
year 2023. in consultation with the U.S. Fish and Wild- $3,000,000 for the National Warning System;
RESEARCH AND DEVELOPMENT life Service, shall submit a plan to increase $8,400,000 for the Integrated Public Alert and
inter-agency coordination on dam removal Warning System; and $10,411,000 for construc-
Risk Management and related flood map updates, including a tion, facilities, and asset improvement
Technology Development and Deployment timeline for plans to update flood maps of projects at the Mount Weather Emergency
Program (TDDP).—The agreement provides states where dam removals have taken place Operations Center. No funding is provided for
$3,500,000 above the request for the TDDP. within the past 10 years. Mobile Emergency Office Vehicles.
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S8568 CONGRESSIONAL RECORD — SENATE December 20, 2022
FEDERAL ASSISTANCE cluding funding transferred from the Office transferred from U.S. Customs and Border
of the Secretary and Executive Management Protection for a Shelter and Services Pro-
(INCLUDING TRANSFERS OF FUNDS)
for targeted violence and terrorism preven- gram. The amount provided for this appro-
The agreement includes an increase of tion grants and an Alternatives to Detention priation by PPA is as follows:
$351,525,000 above the budget request, not in- case management pilot program, or funds
Budget Estimate Final Bill
Federal Assistance Grants
State Homeland Security Grant Program ...................................................................................................................................................................................................................................................... $616,186,000 $520,000,000
(Operation Stonegarden) ................................................................................................................................................................................................................................................................................ (90,000,000) (90,000,000)
(Tribal Security Grants) ................................................................................................................................................................................................................................................................................. (15,000,000) (15,000,000)
(Non-profit Security) ...................................................................................................................................................................................................................................................................................... (180,000,000) –––
Urban Area Security Initiative ....................................................................................................................................................................................................................................................................... 711,184,000 615,000,000
(Non-profit Security) ...................................................................................................................................................................................................................................................................................... (180,000,000) –––
Non-Profit Security Grants ............................................................................................................................................................................................................................................................................. ––– 305,000,000
Public Transportation Security Assistance .................................................................................................................................................................................................................................................... 100,000,000 105,000,000
(Amtrak Security) ........................................................................................................................................................................................................................................................................................... (10,000,000) (10,000,000)
(Over-the-Road Bus Security) ........................................................................................................................................................................................................................................................................ (2,000,000) (2,000,000)
Port Security Grants ...................................................................................................................................................................................................................................................................................... 100,000,000 100,000,000
Assistance to Firefighter Grants ................................................................................................................................................................................................................................................................... 370,000,000 360,000,000
Staffing for Adequate Fire and Emergency Response (SAFER) Grants ........................................................................................................................................................................................................ 370,000,000 360,000,000
Emergency Management Performance Grants .............................................................................................................................................................................................................................................. 355,000,000 355,000,000
Critical Infrastructure Cybersecurity Grant Program .................................................................................................................................................................................................................................... 80,000,000 –––
Flood Hazard Mapping and Risk Analysis Program (RiskMAP) .................................................................................................................................................................................................................... 350,000,000 312,750,000
Regional Catastrophic Preparedness Grants ................................................................................................................................................................................................................................................ 12,000,000 12,000,000
Emergency Food and Shelter ......................................................................................................................................................................................................................................................................... 154,000,000 130,000,000
(Humanitarian Assistance) ............................................................................................................................................................................................................................................................................ (24,000,000) –––
Next Generation Warning System .................................................................................................................................................................................................................................................................. ––– 56,000,000
Community Project Funding/Congressionally Directed Spending Grants ...................................................................................................................................................................................................... ––– 335,145,000
Subtotal, Grants ................................................................................................................................................................................................................................................................................... 3,218,370,000 3,565,895,000
Education, Training, and Exercises
Center for Domestic Preparedness ................................................................................................................................................................................................................................................................ 71,031,000 71,031,000
Center for Homeland Defense and Security .................................................................................................................................................................................................................................................. 18,000,000 18,000,000
Emergency Management Institute ................................................................................................................................................................................................................................................................. 30,777,000 30,777,000
U.S. Fire Administration ................................................................................................................................................................................................................................................................................ 58,287,000 58,287,000
National Domestic Preparedness Consortium ............................................................................................................................................................................................................................................... 101,000,000 101,000,000
Continuing Training Grants ........................................................................................................................................................................................................................................................................... 12,000,000 16,000,000
National Exercise Program ............................................................................................................................................................................................................................................................................ 21,024,000 21,024,000
Subtotal, Education, Training, and Exercises ...................................................................................................................................................................................................................................... 312,119,000 316,119,000
Subtotal, Federal Assistance ................................................................................................................................................................................................................................................................ 3,530,489,000 3,882,014,000
Targeted Violence and Terrorism Prevention Grants (by transfer) ............................................................................................................................................................................................................... (20,000,000) (20,000,000)
Alternatives to Detention Case Management (by transfer) .......................................................................................................................................................................................................................... (5,000,000) (20,000,000)
Shelter and Services Program (by transfer) ................................................................................................................................................................................................................................................. ––– (800,000,000)
Total, Federal Assistance (including transfers) ................................................................................................................................................................................................................................... $3,555,489,000 $4,722,014,000
Combating Domestic Violent Extremism.—The Flood Mapping.—FEMA is directed to brief Staffing for Adequate Fire and Emergency Re-
agreement directs FEMA to post a public re- the Committees within 60 days of the date of sponse (SAFER).—FEMA is directed to pro-
port detailing the use of fiscal year 2021 and enactment of this Act on its flood mapping vide a briefing to the Committees, within 90
2022 State Homeland Security Grant Pro- plan for fiscal year 2023. days of the date of enactment of this Act, de-
gram and Urban Area Security Initiative Grant Considerations.—When awarding tailing SAFER grant awards by state for fis-
grants related to combating domestic vio- grants, the Administrator shall consider the cal years 2019 through 2022, delineated by
lent extremism within 90 days of the date of needs of cybersecurity preparedness and funding provided to career and volunteer fire
enactment of this Act. planning, state court cybersecurity, 911 call departments.
Community Project Funding and Congression- capability, alert and warning capabilities, United States Fire Administration (USFA).—
ally Directed Spending.—The agreement pro- implementation of the REAL ID Act (Public FEMA is directed to continue to provide
vides $335,145,000 for Community Project Law 109–13), and countering targeted vio- funding for the congressionally-mandated
Funding (CPF) and Congressionally Directed lence and terrorism prevention programs. National Fallen Firefighters Memorial.
Spending (CDS) Grants. Although CPF/CDS Light Detection and Ranging.—FEMA is di- Within 180 days of the date of enactment of
project award amounts are not available for rected to obligate not less than the fiscal this Act, USFA is directed to provide a brief-
the management and administration (M&A) year 2022 funding level for Light Detection ing to the Committees on any plans to revise
costs of states, the total includes $15,960,933 and Ranging surveys based on flood risk. Emergency Support Function (ESF)–4, Fire-
for the reimbursement of state M&A costs, fighting, to clarify or change USFA’s role in
Local Control Pilot Study and Assessment.—
which may not exceed an amount equal to 5 responding to structural fires and wildland
Within 180 days of the date of enactment of
percent of the total award amount for each fires that expand into the Wildland Urban
this Act, FEMA shall brief the Committees
project. However, state recipients may use Interface. The briefing shall also address
on its plan to conduct a pilot study and as-
other eligible funds, including their own plans for improving data collection efforts,
sessment on a local control option for offset-
funds, in addition to the amount provided in including efforts to upgrade or replace the
ting the impacts of a physical revision of
this bill for CPF and CDS M&A. In addition National Fire Incident Reporting System.
flood insurance rate maps for eligible com-
CBP Shelter and Services Program (SSP).—
to their own funds, subrecipients may use munities. Prior to the briefing, FEMA shall The bill transfers $800,000,000 for CBP’s Shel-
CPF/CDS project award funds for M&A to the confer with the Committees to ensure its ter and Services Program from CBP’s Oper-
extent it is permitted by the relevant FEMA technical aspects will align with the Com- ations and Support account to FEMA for ad-
guidance. mittees’ intent. ministration.
Continuing Training Grants.—The agree- Regional Catastrophic Preparedness Grant FEMA and CBP shall brief the Committees
ment includes $16,000,000 for Continuing Program.—FEMA is directed to prioritize the within 180 days of the date of enactment of
Training Grants, including not less than use of funding to formalize new or sustain this Act on the process and timeline for es-
$3,000,000 to be competitively awarded for existing working groups for continued effec- tablishing the program, including any poten-
FEMA-certified rural and tribal training; tive coordination; ensure synchronization of tial change—statutory or otherwise—that
$2,000,000 for FEMA to partner with the Fed- plans and shared best practices; implement would help maximize the program’s effi-
eral Aviation Administration (FAA) Un- citizen and community preparedness cam- ciency and effectiveness. In order to avoid
manned Aircraft Center of Excellence to con- paigns; and pre-position needed commodities any interruption in support for CBP short-
duct a regional training program for SLTT and equipment. FEMA is further directed to term holding facility decompression, up to
responders in using UAS for disaster pre- consider the needs of both areas at risk of $785,000,000 of the amount provided for SSP
paredness and response; and $8,000,000 for ac- natural and man-made catastrophes, and in fiscal year 2023 is available for allocation
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tivities of the National Cybersecurity Pre- other directly or indirectly affected commu- through the Emergency Food and Shelter
paredness Consortium (NCPC). nities. Program-Humanitarian (EFSP–H), including
NCPC is directed to provide to the Com- RiskMAP Urban Flood Mapping Program.— up to $50,000,000 that may be used for the
mittees, by not later than the end of fiscal FEMA is reminded of the requirement to construction and expansion of shelter facili-
year 2023, a comprehensive report detailing brief the Committees within 30 days of the ties (see further description, below). FEMA
recommendations for establishing multi- completion of Fiscal Year 2020 Urban Area and CBP should continue to work coopera-
year curricula to improve cybersecurity pre- Flooding Pilot activities and to make re- tively with non-governmental organizations
paredness among SLTT governments that lated recommendations, including whether a (NGO) and state and local governments to
utilize the Consortium’s services. permanent program should be established. fund eligible costs of providing temporary
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8569
shelter and related services to individuals re- non-governmental recipient; reimbursements ter capacity constraints, particularly in bor-
leased from DHS custody. to-date for fiscal year 2023 for both govern- der areas with consistently high numbers of
Within 90 days of the date of enactment of mental and non-governmental organizations; individuals crossing the border between the
this Act and quarterly thereafter, FEMA a description of SSP program goals, policies, ports of entry. During the fiscal year 2023
shall brief the Committees on funding award- and program structure; an SSP award alloca- transition to SSP, a limited amount of
ed since fiscal year 2019 through EFSP–H, to tion methodology that depends to the great- EFSP–H funding is made available, at the
include details on the amounts awarded to est extent possible on available border data; discretion of the Board and in consultation
each recipient and the lowest level of data and outcome performance measures and re- with CBP and FEMA, for the construction
available from recipients (to include in- sults related to achieving program goals. and expansion of state, local, or NGO shelter
voices, as necessary), along with administra- The initial briefing shall include an analysis facilities. This authority provides flexibility
tive costs incurred by FEMA or the Emer- of challenges and impediments CBP and
gency Food and Shelter National Board. in meeting shelter capacity requirements as
FEMA may have in providing data to the part of an overall strategy to maximize the
In addition, within 180 days of the date of
Committees related to sheltering require- use of shelter capacity in support of decom-
enactment of this Act, CBP and FEMA shall
ments and a description of the strategies in pressing CBP short-term holding facilities.
provide a report to the Committees on the
place to overcome these issues. FEMA and the Board shall notify the Com-
planned or actual date(s) of the notice(s) of
funding opportunity (NOFO) for the SSP; Under the new SSP, the permissible use of mittees at least 15 days in advance of award-
planned and actual obligations and outlays; funding includes the construction and expan- ing any EFSP–H funds for shelter construc-
funding awarded to each governmental and sion of shelter facilities to help address shel- tion or expansion.
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S8570 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8571
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S8572 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8573
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S8574 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8575
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S8576 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8577
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S8578 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8579
DISASTER RELIEF FUND structure Security Agency—Operations and revenue projections, actual spending, and
The agreement provides $19,945,000,000, an Support’’ funding available for procuring and other financial forecasts. At a minimum, the
increase of $205,000,000 above the request. providing cybersecurity threat feeds to CISA briefing shall detail spending by directorate
The total amount is appropriated under the stakeholders and partners. and office, with comparisons to initial pro-
budget cap adjustment for major disaster re- Section 302. The agreement includes a pro- jections; revenue and expenses delineated by
sponse and recovery activities. No funds are vision regarding quarterly budget and staff- form type; other agency expenses, including
provided for base DRF activities due to a sig- ing briefings for CISA. payments or transfers to other federal agen-
nificant carryover balance in the base ac- Section 303. The agreement modifies a pro- cies; and carryover or reserve fund projec-
count. vision limiting expenses for administration tions and spending. USCIS shall ensure the
Building Resilient Infrastructure and Commu- of grants. agency maintains a sufficient carryover bal-
nities (BRIC).—The Capability and Capacity Section 304. The agreement includes a pro- ance to provide stability amid fluctuating
Building activity shall be funded at no less vision clarifying the allocation of funds for receipts. Additionally, USCIS shall establish
than $1,500,000 per state as defined by section the State Homeland Security Grant Pro- a baseline for current application and peti-
102(4) of the Stafford Act in fiscal year 2023. gram. tion processing capacity, along with metrics
Disaster Declaration Process.—FEMA is di- Section 305. The agreement continues a for measuring the impact of investments in
rected to consult with states, including provision specifying timeframes for informa- personnel, technology, and changes to proc-
those with large populations, on the policy tion on certain grant awards. esses and policies on productivity. Updates
of considering population size when deter- Section 306. The agreement continues and on USCIS performance against these metrics
mining the assistance criteria for Public As- modifies a provision requiring a five-day ad- shall be included with the briefings.
sistance. Within 270 days of the date of en- vance notification for certain grant awards Budget Justification Materials.—USCIS shall
actment of this Act, FEMA shall provide a under ‘‘Federal Emergency Management provide additional detailed information and
briefing to the Committees on the results of Agency—Federal Assistance.’’ accounting level data in its future budget
the consultation. Section 307. The agreement continues a justification materials to ensure trans-
GAO Review of FEMA COVID–19 Funding.— provision that addresses the availability of parency and executability. Such details shall
GAO is directed to conduct a comprehensive certain grant funds for the installation of include additional information regarding
audit and review of FEMA’s role in the re- communications towers. each adjustment to base and program change
sponse to the COVID–19 pandemic, including Section 308. The agreement continues a from the prior year for each PPA, including
types of projects submitted, approved, and provision requiring a report on the expendi- the PPAs within the Immigration Examina-
not approved for award; FEMA use of finan- tures of the DRF. tions Fee Account (IEFA) and at the office-
cial controls to ensure project award eligi- Section 309. The agreement continues a level for the Administration PPA. Within 30
bility and the prevention of awards that du- provision permitting waivers to certain days of the date of enactment of this Act,
plicate other federal funding awards; SAFER grant program requirements. USCIS shall confer with the Committees on
FEMA’s forecasting methodologies for future Section 310. The agreement continues a the PPA structure to be used for future
COVID–19-related obligations and FEMA’s provision providing for the receipt and ex- budget requests.
incorporation of lessons learned into such penditure of fees collected for the Radio- Data on Asylum Operations.—USCIS is di-
methodologies; and recipients’ processes to logical Emergency Preparedness Program, as rected to continue to make available, on a
ensure FEMA funding is used for only eligi- authorized by Public Law 105–276. publicly accessible website in a
ble costs. Section 311. The agreement continues a downloadable, searchable, and sortable for-
The Agreement directs the Comptroller provision permitting waivers to certain As- mat, a report containing not less than the
General to brief the Committees on its pre- sistance to Firefighter Grants program re- previous 12 months of semimonthly data on:
liminary findings not later than one year quirements. (1) the number of noncitizens determined
after the date of enactment of this Act, and TITLE IV—RESEARCH, DEVELOPMENT, to have a credible or reasonable fear of—
to provide a full report on the findings of the TRAINING, AND SERVICES (a) persecution, as defined in section
review to the same Committees at a date UNITED STATES CITIZENSHIP AND IMMIGRATION 235(b)(1)(B)(v) of the Immigration and Na-
agreed upon at a preliminary briefing. SERVICES tionality Act; or
Improving access to BRIC.—Within 90 days (b) torture, as defined in section 208.30 of
OPERATIONS AND SUPPORT
of the date of enactment of this Act, FEMA title 8, Code of Federal Regulations (as in ef-
shall brief the Committees on challenges The agreement provides $242,981,000 for op- fect on January 1, 2018);
states face in accessing BRIC grants. erations and support, of which $109,611,000 is (2) the total number of cases received by
Natural Infrastructure Activities.—Within 180 for the E–Verify program and $133,370,000 is U.S. Citizenship and Immigration Services
days of the date of enactment of this Act, for refugee processing, as requested. Given to adjudicate credible or reasonable fear
FEMA shall provide the Committees a report projected carryover balances for fiscal year claims, as described in paragraph (1), and the
on the number, total requested funding, and 2024, the agreement does not provide funding total number of cases closed; and
percentage of fiscal year 2021 BRIC applica- for backlog reduction for fiscal year 2023. (3) the total pending asylum operations
tions for natural infrastructure projects, and Asylum Processing.—Not later than 90 days workload.
a comparison of these numbers to the fiscal after the date of enactment of this Act, Such report shall also disaggregate the
year 2020 grant cycle. The report shall be USCIS shall provide a report to the Commit- data described above with respect to the fol-
disaggregated by successful and unsuccessful tees that details its efforts to reduce the lowing subsets:
applications and describe the types of nat- backlog of asylum applications, while ensur- (1) claims submitted by aliens detained at
ural infrastructure activities funded. ing that asylum applicants are properly re- a U.S. Immigration and Customs Enforce-
FEMA may utilize public/private partner- viewed for security purposes. USCIS shall co- ment family residential center or an emer-
ships, pursuant to 16 U.S.C. 3701 and 16 U.S.C. ordinate with relevant federal agencies that gency family shelter;
3709, to enhance and leverage nature-based provide services to individuals who have (2) claims submitted by aliens, organized
infrastructure within the BRIC and pre-dis- been granted asylum to ensure that such per- by each subdivision of legal or administra-
aster mitigation programs through one or sons are appropriately referred and informed tive authority under which claims are re-
more pilot projects. Such projects should of available services. Not later than 90 days viewed; and
provide additional expedited and streamlined after the date of enactment of this Act, (3) the job series of the personnel reviewing
opportunities for communities, including USCIS shall provide a briefing to the Com- the claims.
disadvantaged communities, to utilize fund- mittees on efforts to refer asylees for serv- Not later than 60 days after the date of en-
ing for enhancing nature-based strategies ices. actment of this Act, and quarterly there-
that provide resilience and protection Backlog Reporting.—USCIS shall provide after, USCIS shall provide a briefing to the
against natural threats, including but not the Committees a plan, within 60 days of the Committees on the implementation of the
limited to coastal and inland flooding, date of enactment of this Act, to establish a Credible Fear and Asylum Processing In-
wildland fires, and drought. quarterly, public report on all backlogs, terim Final Rule. The briefing shall include
Public Assistance Briefings.—FEMA is re- frontlogs, and pending forms for all form data on the number of credible fear inter-
minded of the overdue Public Assistance types. The report shall include the number of views and Asylum Merits Interviews con-
briefings described in House Report 117–396 applicants or petitioners in each USCIS ducted; outcomes of such interviews, includ-
and is directed to provide these briefings as backlog, frontlog, or pending status, includ- ing, but not limited to, the number ap-
soon as possible. ing beneficiaries where applicable, by form proved, denied, administratively closed, and
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NATIONAL FLOOD INSURANCE FUND
type; and shall include the length of the sta- pending cases; the Field Office location of
tus associated with the relevant form type. such interviews; and whether the individual
The agreement includes $225,000,000 for the Additionally, within 180 days of the date of was represented. USCIS shall report publicly
National Flood Insurance Fund, consistent enactment of this Act, USCIS shall provide a the number of individuals referred to immi-
with the budget request. briefing to the Committees on a plan for ad- gration or criminal proceedings, or otherwise
TITLE III—ADMINISTRATIVE dressing ongoing backlogs and frontlogs. referred for an enforcement action.
PROVISIONS Budget and Productivity Reporting.—USCIS Electronic Processing.—USCIS shall provide
Section 301. The agreement includes a pro- shall provide semi-annual briefings to the a semi-annual briefing to the Committees on
vision making ‘‘Cybersecurity and Infra- Committees on budget operations, including its electronic processing efforts, as described
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S8580 CONGRESSIONAL RECORD — SENATE December 20, 2022
in the explanatory statement accompanying (1) the total number of SIJ petitions pend- Laboratory Facilities
the fiscal year 2022 funding Act (Public Law ing before USCIS and the length of time each Work for Others (WFO).—S&T shall provide
117–103), including its efforts to establish a case has been pending; a briefing to the Committees not later than
centralized mechanism for asylum seekers to (2) the total number of SIJ adjudications, 120 days after the date of enactment of this
apply for employment authorization online. broken down by grant or denial and the aver- Act on the implementation and execution of
Further, USCIS shall explore options, includ- age length of time SIJ petitions were pend- the WFO program, including actions it is
ing through technology, to increase access to ing prior to adjudication, decision, or taking to ensure the program is supported,
interviews and other processes for individ- issuance of a Request for Evidence (RFE) or without disruption, into the future. The
uals who may not be geographically located Notice of Intent to Deny (NOID); briefing shall include a review of the current
near a USCIS Field Office. (3) the total number of RFEs and NOIDs execution of the program and identify
E-Verify.—Within 90 days of the date of en- issued; and whether there is full cost recovery for WFO
actment of this Act, USCIS shall provide a (4) the total numbers of SIJ petitions that projects and activities.
briefing on the status of its plans to mod- have been pending for 60 or fewer days, 61–90 Acquisition and Operations Analysis
ernize and improve the quality and accuracy days, 91–120 days, 121–179 days, and 180 or
of information submitted into the E-Verify Border Security Capabilities and Performance
more days. Measurement.—S&T shall provide to the Com-
system, including the status of its efforts to Voter Registration for New Citizens.—Not
implement an appeal process for a non-con- mittees, within 90 days of the date of enact-
later than 120 days after the date of enact- ment of this Act, an initial report that in-
firmation within the E-Verify system. ment of this Act, USCIS shall provide a
Employment Authorizations.—USCIS shall cludes a preliminary assessment of the effi-
briefing to the Committees regarding the cacy and impact of technological solutions
ensure all regulatory, statutory, and court- status of its efforts in each field office to fa-
ordered or stipulated agreement timelines acquired and deployed within the past 5
cilitate the registration of U.S. Citizens years, personnel levels, and other related in-
are met for all applications for employment upon completion of their oath ceremonies.
authorization. Not later than 90 days after vestments to address current border security
At a minimum, the briefing shall include de- needs. Within one year of enactment of this
the date of enactment of this Act, and quar- tails on agreements and partnerships with
terly thereafter, USCIS is directed to make Act, S&T shall provide a final report to the
the appropriate state or local officials or Committees that includes:
available on a publicly accessible website: agencies, or non-profits, as appropriate, and
(1) the total number of pending employ- (1) a final assessment of the efficacy and
how USCIS works with the appropriate enti- impact of border investments deployed with-
ment authorization applications filed; and
(2) the total number of such applications ties to electronically transfer voter informa- in the past 5 years to address border protec-
that have been pending for 60 or fewer days, tion, or to pursue other avenues to reduce tion needs;
61–90 days, 91–120 days, 121–179 days, and 180 paperwork and facilitate voter registration (2) recommendations for a decision support
or more days. for these individuals upon successfully ob- tool architecture that supports deployment
The website shall also summarize, on an taining U.S. Citizenship. of future technology solutions; and
annual basis, all existing processing time Workload Staffing Modeling.—Not later than (3) an action plan based on the analyses
goals, the source of the time goal, and 120 days after the date of enactment of this and assessments.
whether the agency met the time goal for Act, USCIS shall provide a briefing to the Measuring Impact of Efforts to Combat Forced
the prior fiscal year. Committees that updates the information re- Labor.—To accelerate capabilities to prevent
Fee Waivers and Exemptions.—Within 60 quired under this heading in the explanatory the entry of goods subject to Section 307 of
days of the date of enactment of this Act and statement accompanying the fiscal year 2022 the Tariff Act of 1930 (19 U.S.C. 1307), the
quarterly thereafter, the Department shall funding Act (Public Law 117–103). The brief- agreement provides $2,500,000 above the re-
provide the Committees with updated re- ing shall include data outputs from the quest to develop, in partnership with CBP’s
ports on all applications and petitions for Staffing Allocation Model and the Model of Office of Trade, analytic capabilities to as-
which fees are waived and any budgetary im- Operational Planning in order to provide the sess the impact of Department and CBP ac-
pacts resulting from the issuances of such Committees a better understanding of what tions and investments on world-wide forced
waivers. the budget request and anticipated fee fund- labor levels and how those investments im-
H–2A and H–2B Visas.—USCIS shall, in co- ed resources will support and the associated pact U.S. businesses.
ordination with the Department of Labor’s projections for improvements in perform- Projecting and Planning for Future Flow to
Office of Foreign Labor Certification, timely ance. U.S. Southwest Border.—The agreement pro-
post public information provided by employ- vides $8,000,000 above the request to expand
FEDERAL ASSISTANCE and evolve the interagency models used to
ers on Form I–129 and associated filings re-
garding recruiters, recruiting agents, or The agreement provides $25,000,000 to sup- project impacts to federal agencies from the
agencies they plan to use. USCIS shall also port the Citizenship and Integration Grant changing flow of migrants crossing the bor-
establish a process whereby workers may Program. Additionally, USCIS continues to der, as well as the effect of changes in poli-
confirm that they are the beneficiaries of H– have the authority to accept private dona- cies and agency resources. A primary objec-
2A or H–2B petitions and can receive infor- tions to support this program. tive is to model the different processing
mation about their own immigration status, FEDERAL LAW ENFORCEMENT TRAINING pathways for noncitizens encountered at the
including their authorized period of stay and CENTERS border based on their demographics (e.g., sin-
the status of any requested visa extensions. OPERATIONS AND SUPPORT
gle adults, family units, and unaccompanied
Military Naturalization Applications.—The children) and then apply predictive tools to
The agreement provides $695,000 below the help establish a shared baseline across all
briefing required under this heading in House
request for a transfer to PC&I for the pur- agencies and community partners that play
Report 117–396 shall be due not later than 90
chase of Vogel Road. a role in managing that processing.
days after the date of enactment of this Act.
Refugee Admissions.—The agreement pro- Interagency Training Centers.—The Depart- Working with the Department’s Office of
vides sufficient resources for USCIS to meet ment shall continue working with the De- the Chief Financial Officer (OCFO), Office of
the Presidential Determination on refugee partment of the Army and with the National Policy (including the Office of Immigration
admissions for the fiscal year. Within 90 days Guard, as well as state and local leaders, to Statistics (OIS)), and operational compo-
of the date of enactment of this Act, USCIS identify opportunities to expand domestic nents, S&T shall collaborate with the De-
shall provide a briefing to the Committees training locations on federal or state prop- partments of Justice and Health and Human
on its detailed plan to achieve the Presi- erty, particularly in regions like the North- Services to share model outputs that can in-
dential Determination on refugee admissions east that lack facilities for training related form the development of agency budget re-
for Fiscal Year 2023. The briefing shall in- to active shooters, dense urban terrain, and quests. Not later than 60 days after the date
clude, for fiscal year 2022, the information cyber and electromagnetic response. of enactment of this Act, S&T, the Office of
identified under this heading in the explana- PROCUREMENT, CONSTRUCTION, AND Policy, OCFO, and the relevant DHS oper-
tory statement accompanying the fiscal year IMPROVEMENTS ational partners shall provide a briefing to
2022 funding Act (Public Law 117–103) related The agreement provides $10,695,000 above the Committees on the planned execution of
to staffing, interviews, approvals, and deni- the request, including $10,000,000 for the these funds and a timeframe for delivery of
als. USCIS shall examine whether any bur- Charleston Construction Project and a trans- model outputs to all impacted agencies.
densome administrative or inefficiencies cur- fer of $695,000 from O&S for the purchase of Support Anti-Terrorism by Fostering Effective
rently exist in the refugee admissions proc- Vogel Road. Technologies (SAFETY) Act.—The agreement
ess including whether any duplicative finger- provides $4,000,000 above the request for the
SCIENCE AND TECHNOLOGY DIRECTORATE
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print requirements exist that slow refugee Office of SAFETY Act Implementation
admissions and shall include such informa- OPERATIONS AND SUPPORT (OSAI). Not later than nine months after the
tion in the briefing to the Committees. The agreement provides $31,000,000 above date of enactment of this Act, OSAI shall de-
Special Immigrant Juvenile (SIJ) Applica- the budget request for operations and sup- ploy a public-facing dashboard to document
tions.—Not later than 90 days after the date port, which is described in further detail the progress in achieving the objectives es-
of enactment of this Act and quarterly below. Of the total amount provided for this tablished under the SAFETY Act implemen-
thereafter, USCIS shall make the following account, $219,897,000 is available until Sep- tation regulations, including monthly per-
information available on a publicly acces- tember 30, 2024, for Laboratory Facilities and formance metric updates. Such metrics shall
sible website: Acquisition and Operations Analysis. include, but not be limited to:
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8581
(1) applications submitted for develop- tors that may impact timelines and cor- sion of Low-Cost Team Awareness Kits
mental test and evaluation designation, full responding budget estimates. The briefing (TAK); up to $4,736,000 above the request for
designation, and certification, including re- shall also include details regarding: port of entry (POE) data analytic capabili-
newals, modifications, transfers, and pre-ap- (1) the activities each department intends ties for the detection and disruption of ille-
plications; to conduct and the anticipated personnel and gal activity while expediting processing; up
(2) the number of applications in evalua- resources to be assigned to NBAF, particu- to $5,000,000 above the request for develop-
tion beyond both 120 and 165 days, by appli- larly those outlined in Section 5(J) of the ment and deployment of active neutron in-
cation type; and National Security Memorandum on terrogation for cargo screening; and up to
(3) processing timelines associated with ‘‘Strengthening the Security and Resilience $3,000,000 above the request to address
issuing completeness determinations and of United States Food and Agriculture’’ threats facing port and maritime critical in-
rendering final decisions, by application (NSM–16) (November 10, 2022); and frastructure.
type. (2) the continuity plans for legacy Agricul- Chemical, Biological, and Explosive (CBE)
System of Systems Operational Analytics tural Research Service, Animal and Plant Defense
(SoSOA).—To expand upon the services the Health Inspection Service, and DHS collabo- Within the CBE Defense thrust area, S&T
SoSOA team can provide, the agreement pro- rative efforts that were conducted at PIADC shall consider funding for the following: up
vides $5,500,000 above the request, of which that should be transitioned to NBAF, includ- to $6,000,000 above the request for next gen-
$4,000,000 is in the Acquisition and Oper- ing but not limited to: eration biosurveillance systems; and up to
ations Analysis PPA and $1,500,000 is in the (a) the Targeted Advanced Development $8,300,000 for the detection canine program.
Mission Support PPA for additional staffing. (TAD) Group; Opioid and Fentanyl Detection.—S&T shall
Not later than 90 days after the date of en- (b) PANTHR/TIGER studies for threat and provide a report to the Committees within
actment of this Act and quarterly thereafter, risk assessments; 180 days of the date of enactment of this Act
S&T shall brief the Committees on the exe- (c) agent characterization of cross-over on any research or development activity
cution of these funds and the projects the threats for the Intelligence Community; and that incorporates rapid scanning into screen-
SoSOA team is supporting. (d) initiatives that fall under Other Trans- ing methods for drug interdiction.
Mission Support action Authority (OTA). Cybersecurity/Information Analysis
The agreement provides $12,500,000 above Transportation Security Laboratory (TSL) Within the Cybersecurity/Information
the request for the Mission Support PPA, in- DSTAR Center.—The agreement provides par- Analysis thrust area, S&T shall consider
cluding $5,500,000 for the Chief Information tial funding of $6,000,000 for planning and de- funding for the following: up to $5,000,000
Office to sustain core operational require- sign activities for DSTAR, pending receipt of above the request for voting technologies
ments and for a systems refresh; $4,500,000 for an up-to-date detailed project cost estimate and election data security procedures; up to
contract acquisition program support; and schedule. Concurrent with the Presi- $4,000,000 above the request for cyber defense/
$500,000 for counsel detailees supporting dent’s fiscal year 2024 budget request, S&T incident response capabilities for chemical
OSAI; $1,500,000 for SoSOA, as described shall provide a detailed project schedule and sector critical infrastructure; and up to
above; and $500,000 for the Artificial Intel- milestones assessment for construction of $6,000,000 for the U.S.-Israel Cybersecurity
ligence (AI) Technology Center, as described the DSTAR Center, including a revised cost Cooperation grant program, as authorized by
in House Report 117—396. estimate that reflects the TSL’s up-to-date section 1551 of the National Defense Author-
requirements for the center and current mar- ization Act for Fiscal Year 2022; and up to
PROCUREMENT, CONSTRUCTION, AND
ket conditions. $2,000,000 above the request to continue ef-
IMPROVEMENTS
The agreement provides $35,750,000, as re- RESEARCH AND DEVELOPMENT forts to ensure the effectiveness of cyber
quested, for critical improvements to S&T’s The agreement provides $2,500,000 above training for law enforcement and vulnerable
laboratory facilities; $13,466,000, as re- the request for University Programs. populations.
quested, for the Plum Island Closure and Despite the direction below to consider First Responder/Disaster Resilience
Support (PICS) Program; and $6,000,000 for funding above the request within S&T’s var- Within the First Responder/Disaster Resil-
the design and environmental planning of ious thrust areas, overall funding for Re- ience thrust area, S&T shall consider fund-
the Detection Sciences Testing and Applied search, Development, and Innovation is pro- ing for the following: up to $4,000,000 above
Research (DSTAR) Center, a reduction of vided at the request level. Accordingly, S&T the request to develop and deploy software
$34,250,000 below the request. shall notify the Committees not fewer than quality assurance tools for monitoring and
National Biodefense Analysis and Counter- 30 days in advance of any reduction, dis- timely cyber-attack mitigation for critical
measures Center (NBACC).—S&T shall ensure continuation, or transfer of custody from the infrastructure and to complete the require-
that the NBACC facility expansion scoping Undersecretary for Science and Technology ments for federal contracts specified in Exec-
study described in the request is completed of any R&D activity described in the request, utive Order 13905—Strengthening National
and is directed to provide a briefing to the including reductions taken to redirect fund- Resilience Through Responsible Use of Posi-
Committees on the results not later than 150 ing for any effort described below. tioning, Navigation, and Timing Services
days after the date of enactment of this Act. Research, Development, and Innovation (February 18, 2020); up to $9,000,000 above the
Plum Island Closure and Support (PICS) Pro- request for exploitation of mesonets for
Increased Early Collaboration with Stake-
gram.—The agreement provides $13,466,000 to emergency preparedness and response to pro-
holders.—Within 90 days of the date of enact-
continue the transition, closure, and convey- vide advance warning of severe weather con-
ment of this Act, S&T shall provide a brief-
ance of all Plum Island real property and all ditions, for developing capabilities for main-
ing to the Committees on its early-outreach
related personal property prior to the trans- taining and improving the integrity of the
efforts, including the pros and cons of a cre-
fer of the Plum Island Animal Disease Cen- nation’s levee and dams systems, and for re-
ating a formal forum or portal for interested
ter’s (PIADC) operational and programmatic search into viable alternatives of concrete
stakeholders and partners to share perspec-
missions to the National Bio and Agro-De- dam design and performance; up to $1,500,000
tives on future research.
fense Facility (NBAF). S&T is encouraged to above the request for research on advanced
Transitioning New Capabilities to Operational
establish a cooperative agreement to admin- modeling and three-dimensional (3D) simula-
Components.—To better account for both the
ister funding for a facilitated process that tion technologies that support FEMA dis-
impact of R&D funding and how those re-
can enable stakeholders to conduct an eco- aster resilience, mitigation, and recovery op-
sources improve the Department’s oper-
system study of Plum Island’s native wildlife erations; $5,000,000 above the request for the
ational capabilities, S&T shall provide a
and natural habitat in the conservation area. Research and Prototyping for Improvised Ex-
briefing to the Committees within 45 days of
With the transition of the PIADC science plosive Device Defeat (RAPID) program; and
the date of enactment of this Act on a plan
mission activities to the NBAF, currently up to $9,000,000 to further expand the Distrib-
to partner with DHS components to develop
scheduled for completion in fiscal year 2024, uted Environment for Critical Infrastructure
key measures to capture that impact and
S&T shall continue to provide semi-annual Decision-making Exercises program, focus-
quantify a return on investment. Within 60
briefings on the progress of these activities, ing on industrial control systems for multi-
days of the date of enactment of this Act,
as specified in the explanatory report accom- sector cyber event exercises.
S&T shall provide the Committees examples
panying Public Law 116–260. S&T shall also Advanced Modeling and 3D Simulation Tech-
of the impact of not fewer than three R&D
notify the Committees in these briefings of nologies.—In lieu of the direction provided in
projects.
any foreseeable issues with the continuation House Report 117–396, S&T shall assist, as
at NBAF of any DHS essential mission ac- Border Security needed, FEMA OR&R in the analysis de-
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tivities that were performed by the Depart- Within the Border Security thrust area, scribed under the FEMA O&S heading, ‘‘Ad-
ment at PIADC, along with steps that the S&T shall consider funding for the following: vanced Modeling and 3D Technology’’ above.
Department is considering to avoid interrup- up to $4,000,000 above the request for work re- RAPID.—Not later than 120 days after the
tion. Further, not later than 120 days after lated to enabling unmanned aerial systems date of enactment of this Act, S&T shall pro-
the date of enactment of this Act, S&T, in (UAS) to support DHS operational entities vide a briefing to the Committees on the
consultation with the Department of Agri- and for work related to addressing threats planned obligation of funds for RAPID; de-
culture, shall provide a briefing to the Com- posed by UAS, including small UAS, in the veloping technologies; and transition/train-
mittees on the full transition schedule and border, maritime, and urban environments; ing efforts to support public safety across
projected milestones, including any risk fac- up to $2,000,000 above the request for expan- the nation.
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S8582 CONGRESSIONAL RECORD — SENATE December 20, 2022
Innovative Research and Foundational Tools briefing, within 90 days of the date of enact- Section 407. The agreement continues a
Within the Innovative Research and ment of this Act, on plans to procure and in- provision classifying FLETC instructor staff
Foundational Tools thrust area, S&T shall stall RPMs at SCS locations designated by as inherently governmental for certain con-
consider funding for the following: up to the U.S. Department of Transportation Mari- siderations.
$2,000,000 above the request for the Bina- time Administration and the U.S. Depart- TITLE V—GENERAL PROVISIONS
tional Industrial Research and Development ment of Defense Military Surface Deploy- (INCLUDING TRANSFERS AND RESCISSIONS OF
Homeland Security (BIRD HLS) program; up ment and Distribution Command. The brief- FUNDS)
to $10,000,000 above the request to support ing shall include the Department’s rec-
ommendation on the appropriate number of Section 501. The agreement continues a
any required additional funding for con- provision directing that no part of any ap-
tainer demonstrations to expedite transition functioning and staffed RPMs for each dedi-
cated ingress/egress gate at each SCS, along propriation shall remain available for obliga-
to more secure composite shipping con- tion beyond the current year unless ex-
tainers; up to $2,000,000 above the request for with the estimated costs, including total ac-
quisition, operations, and maintenance costs pressly provided.
any necessary efforts to continue to develop Section 502. The agreement continues a
thermoplastic composite materials that re- and associated costs for any necessary infra-
provision providing authority to merge unex-
duce costs and improve intrusion sensor in- structure enhancements or configuration
pended balances of prior appropriations with
tegration; up to $5,000,000 above the request changes at each POE; and a proposed
new appropriation accounts, to be used for
for work to be performed at the Artificial In- timeline for procurement, deployment, and
the same purpose, subject to reprogramming
telligence (AI) Technology Center; and up to installation of the RPM technology.
guidelines.
$5,000,000 above the request for enhancing the RESEARCH AND DEVELOPMENT Section 503. The agreement continues a
resiliency and reliability of domestically The Agreement includes an increase of provision related to reprogramming limita-
manufactured, multi-modal wildfire fire de- $2,000,000 for Technical Forensics and re- tions and transfer authority.
tection systems. aligns $19,900,000 to the Procurement Con- The Department must notify the Commit-
BIRD HLS.—Not later than 180 days after struction and Improvements account for the tees on Appropriations at least 15 days in ad-
the date of enactment of this Act, S&T shall RPM Replacement Program, consistent with vance of each reprogramming of funds that
provide a briefing to the Committees on the technical assistance received from the Agen- would: (1) reduce programs, projects, and ac-
outcome of each grant awarded through the cy. tivities, or personnel, by ten percent or
program and on any commercialization or National Technical Nuclear Forensics Center more; or (2) increase a program, project, or
transition to practice that has resulted from (NTNFC).—The Agreement includes $2,000,000 activity by more than $5,000,000 or ten per-
the program’s initiatives. Further, S&T, in above the request for the NTNFC. CWMD is cent, whichever is less.
collaboration with the BIRD Foundation, directed to provide the Committees a brief- The term ‘‘program, project, and activity’’
shall provide a report to the Committees on ing on NTNFC activities and capabilities (PPA) is defined as each functional category
the status of funds for the BIRD HLS and Cy- within 120 days of the date of enactment of listed under an account heading in the fund-
bersecurity programs, to include a history of this Act. ing table at the back of this explanatory
contributions, interest, and repayments to statement, along with each funding amount
FEDERAL ASSISTANCE
the program, along with grant payments and designated for a particular purpose within
any other costs charged to these programs. Biosurveillance Capabilities.—CWMD is di-
the statement narrative, exclusive of simple
Physical Security and Critical rected to provide an update on the status of
references to increases or reductions below
Infrastructure Resilience the Biological Detection for the Twenty-
the budget request. Funding for each PPA
First Century (BD21) program and plans to
Within the Physical Security and Critical should not be used for the purposes of any
replace BioWatch capabilities within 120
Infrastructure Resilience thrust area, S&T other PPA. Within 30 days of the date of en-
days of the date of enactment of this Act.
shall consider targeting up to $2,500,000 to actment of this Act, the Department shall
The update shall address the status of CWMD
detect hazardous materials more effectively submit to the Committees a table delin-
implementation of recommendations in
in cargo loads at POEs and improve the effi- eating PPAs subject to section 503 notifica-
GAO–21–292, ‘‘DHS Exploring New Methods to
ciency of screening operations. tion requirements.
Replace BioWatch and Could Benefit from
University Programs For purposes of reprogramming notifica-
Additional Guidance.’’
The agreement provides $2,500,000 above tions, the creation of a new program,
Securing the Cities Implementation Plan.—
the request for the Minority-Serving Institu- project, or activity is defined as any signifi-
The Countering Weapons of Mass Destruc-
tions Program (MSIP). cant new activity that has not been explic-
tion Act of 2018 requires CWMD to develop an
Centers of Excellence.—In lieu of the re- itly justified to the Congress in budget jus-
implementation plan for the Securing the
quirement under this heading in House Re- tification material and for which funds have
Cities program that, among other things,
port 117–396, S&T shall provide a briefing to not been appropriated by the Congress.
identifies program goals and a strategy for
the Committees not later than 60 days after Limited transfer authority is provided to
achieving them. CWMD is directed to provide
the date of enactment of this Act on how give the Department flexibility in respond-
the Committees, within 120 days of the date
DHS is leveraging Emeritus COEs to address ing to emerging requirements and signifi-
of enactment of this Act, an updated imple-
homeland security challenges. cant changes in circumstances, but is not in-
mentation plan for the Securing the Cities
MSIP.—The Department shall ensure that tended to facilitate the implementation of
program, including a detailed assessment of
the MSIP is open to the minority-serving in- new programs, projects, or activities that
program expenditures and their impact on
stitutions defined in section 371(a) of the were not proposed in a formal budget sub-
achieving key program milestones.
Higher Education Act of 1965 (20 U.S.C. mission. Transfers may not reduce accounts
TITLE IV—ADMINISTRATIVE by more than five percent or augment appro-
1067q(a)).
PROVISIONS priations by more than ten percent. The De-
COUNTERING WEAPONS OF MASS DESTRUCTION
OFFICE Section 401. The agreement continues a partment must notify the Committees on
provision allowing USCIS to acquire, oper- Appropriations not fewer than 30 days in ad-
OPERATIONS AND SUPPORT
ate, equip, and dispose of up to five vehicles vance of any transfer.
The Agreement includes the proposed fund- under certain scenarios. To avoid violations of the Anti-Deficiency
ing level. Section 402. The agreement continues a Act, the Secretary shall ensure that any
Radiation Portal Technology Enhancement provision limiting the use of A–76 competi- transfer of funds is carried out in compliance
and Replacement.—CWMD, in collaboration tions by USCIS. with the limitations and requirements of
with CBP, is directed to provide a briefing to Section 403. The agreement continues a section 503(c). In particular, the Secretary
the Committees within 90 days of the date of provision related to the collection and use of should ensure that any such transfers adhere
enactment of this Act and quarterly there- biometrics. to the opinion of the Comptroller General’s
after regarding the requirements for the Section 404. The agreement continues a decision in the Matter of: John D. Webster, Di-
RAPTER program and any related progress provision authorizing the Director of FLETC rector, Financial Services, Library of Congress,
updates. CWMD shall also promptly commu- to distribute funds for expenses incurred in dated November 7, 1997, with regard to the def-
nicate with industry stakeholders a revised training accreditation. inition of an appropriation subject to trans-
development strategy and timelines, and Section 405. The agreement continues a fer limitations.
when completed, the updated requirements provision directing the FLETC Accreditation Notifications should provide complete ex-
for RAPTER or any follow-on program. Board to lead the federal law enforcement planations of proposed funding reallocations,
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PROCUREMENT, CONSTRUCTION, AND training accreditation process to measure including detailed justifications for in-
IMPROVEMENTS and assess federal law enforcement training creases and offsets; any specific impact the
The agreement includes a realignment of programs, facilities, and instructors. proposed changes are expected to have on fu-
$19,900,000 from the proposed amount for Re- Section 406. The agreement continues a ture-year appropriations requirements; a
search and Development for the Radiation provision allowing the acceptance of trans- table showing the proposed revisions to fund-
Portal Monitor (RPM) Replacement Pro- fers from government agencies into ‘‘Federal ing and full-time equivalents (FTE)—at the
gram. Law Enforcement Training Centers—Pro- account and PPA levels—for the current fis-
Strategic Commercial Seaports (SCS).—CWMD curement, Construction, and Improve- cal year; and any expected funding and FTE
is directed to provide the Committees a ments’’. impacts during the budget year.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8583
The Department shall manage its PPAs Section 514. The agreement continues and Section 529. The agreement continues a
within the levels appropriated and should modifies a provision that precludes DHS provision regarding congressional visits to
only submit reprogramming or transfer noti- from using funds in this Act to use reorga- detention facilities.
fications in cases of unforeseeable and com- nization authority. This prohibition is not Section 530. The agreement continues a
pelling circumstances that could not have intended to prevent the Department from provision providing funding for ‘‘Federal
been predicted when formulating the budget carrying out routine or small reallocations Emergency Management Agency—Federal
request for the current fiscal year. When the of personnel or functions within components, Assistance’’ to reimburse extraordinary law
Department becomes aware of an emerging subject to section 503 of this Act. This sec- enforcement personnel overtime costs for
requirement after the President’s budget has tion prevents large-scale reorganization of protection activities directly and demon-
been submitted to Congress but prior to the the Department, which should be acted on strably associated with a residence of the
enactment of a full-year funding Act for the legislatively by the relevant congressional President that is designated for protection.
budget year, it is incumbent on the Office of committees of jurisdiction. Any DHS pro- Section 531. The agreement continues a
the Chief Financial Officer to timely notify posal to reorganize components that is in- provision prohibiting the use of funds to use
the Committees. When the Department sub- cluded as part of a budget request will be restraints on pregnant detainees in DHS cus-
mits a reprogramming or transfer notifica- considered by the Committees. tody except in certain circumstances.
tion and does not receive identical responses Section 515. The agreement continues a Section 532. The agreement continues a
from the House and Senate Committees, it is provision prohibiting funds for planning, provision prohibiting the use of funds for the
expected to work with the Committees to testing, piloting, or developing a national destruction of records related to the death,
reconcile the differences before proceeding. identification card. sexual abuse, or assault of detainees in cus-
Section 504. The agreement continues a Section 516. The agreement continues a tody.
provision, by reference, prohibiting funds ap- provision directing that any official required Section 533. The agreement continues a
propriated or otherwise made available to by this Act to report or certify to the Com- provision prohibiting the use of federal funds
the Department to make payment to the mittees on Appropriations may not delegate for a Principal Federal Official during a
Working Capital Fund (WCF), except for ac- such authority unless expressly authorized Stafford Act declared disaster or emergency,
tivities and amounts allowed in the Presi- to do so in this Act. with certain exceptions.
dent’s fiscal year 2023 budget request. Section 517. The agreement continues a Section 534. The agreement continues a
Section 505. The agreement continues a provision prohibiting funds in this Act to be provision requiring the submission of a re-
provision providing that not to exceed 50 per- used for first-class travel. port on unfunded priorities for which appro-
cent of unobligated balances from prior-year Section 518. The agreement continues a priations would be classified as the 050 Budg-
appropriations for each Operations and Sup- provision prohibiting the use of funds to em- et function category.
port appropriation shall remain available ploy illegal workers as described in Section Section 535. The agreement continues a
through fiscal year 2024, subject to section 274A(h)(3) of the Immigration and Nation- provision requiring notifications and report-
503 reprogramming requirements. ality Act. ing related to the protection of certain indi-
Section 506. The agreement continues a Section 519. The agreement continues a viduals.
provision that deems intelligence activities provision prohibiting funds appropriated or Section 536. The agreement continues a
to be specifically authorized during fiscal otherwise made available by this Act to pay provision requiring notifications and the
year 2023 until the enactment of an Act au- for award or incentive fees for contractors submission of information to the Commit-
thorizing intelligence activities for fiscal with below satisfactory performance or per- tees related to DHS requests for resources
year 2023. When such an authorization is en- formance that fails to meet the basic re- from the Technology Modernization Fund.
quirements of the contract. Section 537. The agreement continues a
acted after the enactment of this Act,
Section 520. The agreement continues a provision requiring the identification of dis-
amounts appropriated for ‘‘Intelligence,
provision requiring DHS computer systems cretionary offsets when fee increase pro-
Analysis, and Situational Awareness—Oper-
to block electronic access to pornography, posals to support current activities assume
ations and Support’’ in excess of the author-
except for law enforcement purposes. the enactment of such proposals prior to the
ized amounts shall be transferred to ‘‘Man-
Section 521. The agreement continues a beginning of the budget year.
agement Directorate—Operations and Sup- Section 538. The agreement continues a
port’’. provision prohibiting the use of funds to
enter into a federal contract unless the con- provision related to the Arms Trade Treaty.
Section 507. The agreement continues a Section 539. The agreement includes a pro-
provision requiring notification to the Com- tract meets requirements of the Federal
Property and Administrative Services Act of vision prohibiting the use of funds related to
mittees at least three days before DHS exe- certain entities identified under section
cutes or announces grant allocations or 1949 or chapter 137 of title 10, United States
1260H of the William M. (Mac) Thornberry
grant awards totaling $1,000,000 or more; an Code, and the Federal Acquisition Regula-
National Defense Authorization Act for Fis-
award or contract, other transaction agree- tion, unless the contract is otherwise au-
cal Year 2021.
ment, or task order on a multiple award thorized by statute. Section 540. The agreement includes a pro-
agreement, or to issue a letter of intent of Section 522. The agreement continues a
vision making technical corrections to sec-
greater than $4,000,000; task or delivery or- provision regarding the transfer of firearms
tion 205 of the Robert T. Stafford Disaster
ders greater than $10,000,000 from multi-year by federal law enforcement personnel.
Section 523. The agreement continues a Relief and Emergency Assistance Act.
funds; or sole-source grant awards. Notifica- Section 541. The agreement includes a pro-
tions shall include a description of the provision regarding funding restrictions and
vision making a technical correction to a
projects or activities to be funded and the lo- reporting requirements related to con-
Community Funding Project funded in the
cation, including city, county, and state. ferences occurring outside of the United
fiscal year 2022 DHS funding Act.
Section 508. The agreement continues a States. Section 542. The agreement includes a pro-
provision prohibiting all agencies from pur- Section 524. The agreement continues a
vision making a technical correction to a
chasing, constructing, or leasing additional provision prohibiting the use of funds to re- Congressionally Directed Spending grant
facilities for federal law enforcement train- imburse any federal department or agency funded in the fiscal year 2022 DHS funding
ing without advance notification to the Com- for its participation in a National Special Act.
mittees. Security Event. Section 543. The agreement continues a
Section 509. The agreement continues a Section 525. The agreement continues a provision extending an authority provided in
provision prohibiting the use of funds for any provision requiring a notification, including title VI of division B of Public Law 116–136.
construction, repair, alteration, or acquisi- justification materials, prior to imple- Section 544. The agreement continues a
tion project for which a prospectus, if re- menting any structural pay reform that af- provision prohibiting the use of funds for the
quired under chapter 33 of title 40, United fects more than 100 full time positions or transfer or release of individuals detained at
States Code, has not been approved. costs more than $5,000,000, including the in- United States Naval Station, Guantanamo
Section 510. The agreement continues and troduction of new position classifications. Bay, Cuba into or within the United States.
modifies a provision that includes and con- Section 526. The agreement continues a Section 545. The agreement includes a pro-
solidates by reference prior-year statutory provision directing the Department to post vision directing the Secretary of Homeland
provisions related to sensitive security infor- on a public website reports required by the Security to develop, use, and share estimates
mation and the use of funds in conformance Committees on Appropriations unless public of arrivals of noncitizens at the southwest
with section 303 of the Energy Policy Act of posting compromises homeland or national border.
1992. security or contains proprietary informa- Section 546. The agreement continues and
Section 511. The agreement continues a tion. modifies a provision appropriating addi-
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provision related to contracting officer rep- Section 527. The agreement continues a tional amounts for CBP and ICE to address
resentatives. provision authorizing minor procurement, Border Management requirements.
Section 512. The agreement continues a construction, and improvements activities Section 547. The agreement includes an ex-
provision prohibiting the use of funds in con- using Operations and Support funding. tension of an authorization related to the
travention of the Buy American Act. Section 528. The agreement continues a protection of certain facilities and assets
Section 513. The agreement continues a provision to authorize discretionary funding from unmanned aircraft.
provision regarding the oath of allegiance re- for the cost of primary and secondary school- Section 548. The agreement includes a pro-
quired by section 337 of the Immigration and ing of dependents in territories that meet vision rescinding unobligated balances from
Nationality Act. certain criteria. specified sources.
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S8584 CONGRESSIONAL RECORD — SENATE December 20, 2022
Section 549. The agreement includes a pro- and rule XLIV of the Standing Rules of the vide a certification that neither the Senator
vision rescinding lapsed balances pursuant to Senate, respectively) included in the bill or nor the Senator’s immediate family has a pe-
Section 505 of division F of Public Law 117– this explanatory statement, along with the cuniary interest in such congressionally di-
103. name of each House Member, Senator, Dele- rected spending item. Neither the bill nor
DISCLOSURE OF EARMARKS gate, or Resident Commissioner who sub- the explanatory statement contains any lim-
AND CONGRESSIONALLY DIRECTED SPENDING mitted a request to the Committee of juris- ited tax benefits or limited tariff benefits as
ITEMS diction for each item so identified. For each defined in the applicable House and Senate
item, a Member is required to provide a cer- rules.
Following is a list of congressional ear-
marks and congressionally directed spending tification that neither the Member nor the HOMELAND SECURITY
items (as defined in clause 9 of rule XXI of Member’s immediate family has a financial [COMMUNITY PROJECT FUNDING /
the Rules of the House of Representatives interest, and each Senator is required to pro- CONGRESSIONALLY DIRECTED SPENDING]
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8585
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Insert offset folio 1205 here 39060F.010
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S8586 CONGRESSIONAL RECORD — SENATE December 20, 2022
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S8644 CONGRESSIONAL RECORD — SENATE December 20, 2022
DIVISION G—DEPARTMENT OF THE INTE- ditches in the American Southwest during report has been reviewed and approved for
RIOR, ENVIRONMENT, AND RELATED the land use planning process. The Depart- agency use after consultation with AVSO. In
AGENCIES APPROPRIATIONS ACT, 2023 ment of the Interior and the Forest Service addition to the reporting requirement in
The following statement is an explanation shall, in accordance with applicable law, House Report 117–400, the Department is di-
of the effects of Division G, which provides consider and, as appropriate, provide for tra- rected to report to the Committees on proc-
appropriations for the Department of the In- ditional-historic uses by these entities with- ess improvements within 90 days of enact-
terior, the Environmental Protection Agen- in land management plans. ment of this Act.
cy (EPA), the Forest Service, the Indian Secretarial Order 3407.—Within 90 days of Bureau of Land Management.—The Bureau
Health Service, and related agencies for fis- enactment of this Act, the Committees di- should prioritize recreational access funds to
cal year 2023. rect the Department of the Interior to pro- acquire conservation easements or right of
The joint explanatory statement accom- vide a written plan regarding implementa- way acquisitions for high priority access par-
panying this division is approved and indi- tion of Secretarial Order 3407, including spe- cels identified as part of the Department’s
cates congressional intent. Unless otherwise cific steps planned and a timeline. conformance with Section 4105 of the John
noted, the language set forth in House Re- Tribal Lease Payments.—The Committees D. Dingell, Jr. Conservation, Management,
port 117–400 carries the same weight as lan- are aware of recent litigation in Federal and Recreation Act (Public Law 116–9) in
guage included in this joint explanatory courts regarding what constitutes reasonable order to reduce areas of public lands that
statement and should be complied with un- lease costs under the 105(l) program. As part have significantly restricted public access.
less specifically addressed to the contrary in of the consultation required by language in Fish and Wildlife Service.—The Service is
this joint explanatory statement. While Title IV of this Act, the Indian Health Serv- expected to provide outreach to all units of
some language is repeated for emphasis, it is ice and the Department of the Interior are the National Wildlife Refuge System, includ-
not intended to negate the language referred expected to consult with Tribes and Tribal ing Clarks, Edwards, Green River,
to above unless expressly provided herein. organizations regarding agency regulations Loxahatchee, McKinney, and Ottawa, to en-
In cases where the House report or this and policies that determine the amount of sure these refuges are accessing all available
joint explanatory statement direct the sub- space and other standards necessary to carry funding tools, including recreational access
mission of a report, such report is to be sub- out Federal programs under a section 105(l) and inholdings. The Service is strongly en-
mitted to both the House and Senate Com- lease, and to ensure that such regulations couraged to begin due diligence work on the
mittees on Appropriations. Where this joint and policies are consistent, transparent, and accumulating backlog of parcels available at
explanatory statement refers to the Commit- clearly communicated to affected Tribes. Clarks River National Wildlife Refuge. The
tees or the Committees on Appropriations, The Service and the Department are ex- Committees encourage the Service to con-
unless otherwise noted, this reference is to pected to periodically update the Commit- sider habitat conservation plan land acquisi-
the House Subcommittee on Interior, Envi- tees on the status of the consultation. tion applications that enhance efforts to es-
ronment, and Related Agencies and the Sen- LAND AND WATER CONSERVATION FUND tablish state research forests through the
ate Subcommittee on Interior, Environment, With enactment of the Great American Cooperative Endangered Species Conserva-
and Related Agencies. Outdoors Act (GAOA) (Public Law 116–152), tion program.
Each department and agency funded in this Congress provided a permanent appropria- National Park Service.—The bill provides
Act is directed to follow the directions set tion of $900,000,000 per year from the Land $336,028,000 for the state assistance program.
forth in this Act and the accompanying and Water Conservation Fund (LWCF). Along In addition, the Service has $59,900,000 in un-
statement and to not reallocate resources or with other mandatory appropriations, LWCF obligated funds from Fiscal Year 2019 and
reorganize activities except as provided here- programs are subject to a 5.7% sequestra- prior years not associated with any State’s
in or otherwise approved by the House and tion, with those sequestered amounts becom- allocation. The bill also provides authority
Senate Appropriations Committees through ing available in the subsequent fiscal year. for the Service to use up to seven percent of
the reprogramming process as referenced in GAOA also mandated that account alloca- the funds provided for State Conservation
this Act. This joint explanatory statement tions and detailed project information be Grants to support States in covering their
addresses only those agencies and accounts proposed by the administration each year administrative costs, which will allow the
for which there is a need for greater expla- through the President’s annual budget sub- program to improve its ability to obligate
nation than provided in the Act itself. Fund- mission, and that such allocations, following funds in a timely manner.
ing levels for appropriations by account, pro- Forest Service.—The Forest Service is
review by the Committees on Appropria-
gram, and activity, with comparisons to the strongly encouraged to explore funding op-
tions, may be modified through an alternate
fiscal year 2022 enacted level and the fiscal portunities for tracts available for acquisi-
allocation.
year 2023 budget request, can be found in the A detailed table accompanying this explan- tion in the Talladega and Conecuh National
table at the end of this division. atory statement shows the LWCF allocation Forests. The Service should examine ways to
Unless expressly stated otherwise, any ref- for fiscal year 2023 by agency, account, activ- improve the appraisal process, including uni-
erence to ‘‘this Act’’ or ‘‘at the end of this ity, and project, including lists of specific form Service-wide appraisal and real estate
statement’’ shall be treated as referring only Federal land acquisition projects and Forest policies that provide consistency across re-
to the provisions of this division. Legacy Program projects, including congres- gions and ensure delivery of timely apprais-
Continued Directives.—The Committees con- sionally directed spending. Additional tables als, as well as effective, collaborative use of
tinue the directives in the explanatory state- provide the sequestration adjustments and partners to improve efficiency and project
ment accompanying Public Law 117–103 re- details for the reallocation of unobligated success, allowing for third party contracting
garding Deferred Maintenance; Training, balances appropriated in previous years to and other engagement where appropriate.
Hiring, and Public Lands Education in Alas- projects that have been completed, deferred, The Service is directed to report to the Com-
ka; and the Federal Lands Recreation En- or terminated and are being transferred to mittees on appraisal program improvements
hancement Act. The Committees also con- currently viable projects. The agencies are within 90 days of enactment of this Act.
tinue the directives in the explanatory state- Within 45 days of enactment of this Act,
expected to continue to follow the directions
ment accompanying Public Law 116–94 re- the Service shall submit a reprogramming
included in the explanatory statement ac-
garding Everglades Restoration as well as request in accordance with the Committees’
companying the Consolidated Appropriations
the directives in the explanatory statement established reprogramming guidelines for ad-
Act, 2021 (Public Law 116–260) under General
accompanying Public Law 116–260 regarding ditional unobligated balances to be used for
Implementation. Specific additional direc-
Transparency of Information Regarding Forest Legacy Program projects included in
tions follow.
Grants, Agreements, Research, and Con- Department of the Interior.—The recently- the supplemental list submitted to the Com-
ferences Attendance. established Department-wide working group mittees pursuant to Public Law 116–220.
Disaster Recovery Needs.—The Committees on appraisal and land acquisition is working REPROGRAMMING GUIDELINES
direct the Department of the Interior and to identify root causes for delays and chal- The following are the procedures governing
the other agencies funded in this bill to es- lenges in the current Appraisals and Valu- reprogramming actions for programs and ac-
tablish quarterly reporting requirements for ation Services Office (AVSO) and bureau re- tivities funded in the Department of the In-
their component bureaus, regions, offices, alty processes. The working group shall terior, Environment, and Related Agencies
and programs, as appropriate, to maintain evaluate processes to improve uniform De- Appropriations Act. The agencies funded in
up-to-date comprehensive information for partmental appraisal policies, options for re- this Act are reminded that these reprogram-
supplemental funding needs related to dis- turning some appraisal or valuation func- ming guidelines are in effect, and must be
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aster recovery, which shall be delivered to tions to the bureaus, if any, utilizing third complied with, until such time as the Com-
the Committees within 30 days of a quarter party contracting, and clarifying the roles mittees modify them through bill or report
closing. and responsibilities of federal and non-fed- language.
Land Grants, Acequias and Community eral parties. AVSO should incentivize re- Definitions.—‘‘Reprogramming,’’ as defined
Ditches.—The Secretaries of the Department cruitment, invest in retention and appren- in these procedures, includes the realloca-
of the Interior and the Department of Agri- ticeship, improve process efficiency, and im- tion of funds from one budget activity, budg-
culture are urged to recognize the tradi- prove collaboration with its client bureaus. et line-item, or program area to another
tional use of State-recognized community Requesting bureaus may release unredacted within any appropriation funded in this Act.
land grants, acequias, and community appraisal reports to intended users after a In cases where either the House or Senate
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8645
Committee on Appropriations report dis- given fiscal year no later than 60 days after be exchanged is greater than $1,000,000, shall
plays an allocation of an appropriation below the end of the fiscal year. not be consummated until the Committees
that level, the more detailed level shall be (b) With regard to the EPA, the Commit- have had 30 days in which to examine the
the basis for reprogramming. tees do not require reprogramming requests proposed exchange. ln addition, the Commit-
For construction, land acquisition, and for- associated with the States and Tribes Part- tees shall be provided advance notification of
est legacy accounts, a reprogramming con- nership Grants or up to a cumulative total of exchanges valued between $500,000 and
stitutes the reallocation of funds, including $5,000,000 from carryover balances among the $1,000,000.
unobligated balances, from one construction, individual program areas delineated in the Budget Structure.—The budget activity or
land acquisition, or forest legacy project to Environmental Programs and Management line item structure for any agency appro-
another such project. account, with no more than $1,000,000 coming priation account shall not be altered without
A reprogramming shall also consist of any from any individual program area. No funds, advance approval of the Committees.
significant departure from the program de- however, shall be reallocated from individual TITLE I—DEPARTMENT OF THE
scribed in the agency’s budget justifications. Geographic Programs. INTERIOR
This includes all proposed reorganizations or (c) With regard to the National Park Serv- BUREAU OF LAND MANAGEMENT
other workforce actions detailed below ice, the Committees do not require re-
MANAGEMENT OF LANDS AND RESOURCES
which affect a total of 10 staff members or 10 programming requests associated with the
percent of the staffing of an affected pro- park base within the Park Management ac- Management of Lands and Resources
gram or office, whichever is less, even with- tivity in the Operation of the National Park (MLR).—The bill provides $1,368,969,000 for
out a change in funding. Any change to the System Account. The Service is required to the Management of Lands and Resources ap-
organization table presented in the budget brief the House and Senate Committees on propriation. All programs and activities are
justification shall also be subject to this re- Appropriations on spending trends for the funded at the amounts enacted in fiscal year
quirement. park base within 60 days of enactment of this 2022 unless otherwise specified below or in
Agencies are reminded that this agreement Act. the table at the end of this division. Fixed
continues longstanding General Guidelines Assessments.—‘‘Assessment’’ as defined in costs are provided. The Bureau is expected to
for Reprogramming that require agencies these procedures shall refer to any charges, comply with the instructions and require-
funded by this Act to submit reorganization reserves, or holdbacks applied to a budget ments at the beginning of this division and
proposals for the Committees’ review prior activity or budget line item for costs associ- in House Report 117–400 unless otherwise
to their implementation. It is noted that ated with general agency administrative specified below. While some language is re-
such reprogramming guidelines apply to pro- costs, overhead costs, working capital ex- peated for emphasis, it is not intended to ne-
posed reorganizations, workforce restruc- penses, or contingencies. gate the language referred to above unless
ture, reshaping, transfer of functions, or bu- (a) No assessment shall be levied against expressly provided herein. The Bureau will
reau-wide downsizing and include closures, any program, budget activity, subactivity, also continue to follow the directives in-
consolidations, and relocations of offices, fa- budget line item, or project funded by the In- cluded in the explanatory statement accom-
cilities, and laboratories. In addition, no terior, Environment, and Related Agencies panying Public Law 117–103 related to the
agency shall implement any part of a reorga- Appropriations Act unless such assessment Wild Horse and Burro Program, National
nization that modifies regional or State and the basis therefor are presented to the Trails, Circumpolar Wildland Fire, Vacant
boundaries for agencies or bureaus that were Committees in the budget justifications and Grazing Allotments, Sheep Disease Trans-
in effect as of the date of enactment of this are subsequently approved by the Commit- mission, Coos Bay Wagon Road Act Lands,
Act unless approved consistent with the Gen- tees. The explanation for any assessment in Sudden Oak Death, and Tribal Coordination
eral Guidelines for Reprogramming proce- the budget justification shall show the on Energy. Funding for the National Scenic
dures specified herein. Any such reprogram- amount of the assessment, the activities as- Historic Trails has been consolidated in a
ming request submitted to the Committees sessed, and the purpose of the funds. new line in National Conservation Lands.
on Appropriations shall include a description (b) Proposed changes to estimated assess- Rangeland Management.—The agreement
of anticipated benefits, including anticipated ments, as such estimates were presented in provides $112,340,000. House report 117–400 di-
efficiencies and cost-savings, as well as a de- annual budget justifications, shall be sub- rection for grazing permit renewals is main-
scription of anticipated personnel impacts mitted through the reprogramming process tained.
and funding changes anticipated to imple- and shall be subject to the same dollar and Forestry Management.—The agreement pro-
ment the proposal. reporting criteria as any other reprogram- vides $10,814,000 which includes a program in-
General Guidelines for Reprogramming.— ming. crease of $200,000 for general programs.
(a) A reprogramming should be made only (c) Each agency or bureau which utilizes Land Management Priorities.—The bill pro-
when an unforeseen situation arises, and assessments shall submit an annual report to vides $3,500,000 for congressionally directed
then only if postponement of the project or the Committees, which provides details on spending in this program. A detailed list of
the activity until the next appropriation the use of all funds assessed from any other projects is included in the ‘‘Interior and En-
year would result in actual loss or damage. budget activity, line item, subactivity, or vironment Incorporation of Community
(b) Any project or activity, which may be project. Project Funding Items/Congressionally Di-
deferred through reprogramming, shall not (d) In no case shall contingency funds or rected Spending Items’’ table accompanying
later be accomplished by means of further assessments be used to finance projects and this statement.
reprogramming, but instead, funds should activities disapproved or limited by Congress Wildlife Habitat Management.—The agree-
again be sought for the deferred project or or to finance programs or activities that ment provides $148,938,000 which includes
activity through the regular appropriations could be foreseen and included in the normal $20,600,000 for Plant Conservation and Res-
process. budget review process. toration, $71,000,000 for sage-grouse habitat,
(c) Except under the most urgent situa- (e) New programs requested in the budget and $34,000,000 for Threatened and Endan-
tions, reprogramming should not be em- should not be initiated before enactment of gered Species. The Bureau is directed to pro-
ployed to initiate new programs or increase the bill without notification to, and the ap- vide a report within 180 days of enactment of
allocations specifically denied or limited by proval of, the Committees. This restriction this Act on a needs assessment and cost
Congress, or to decrease allocations specifi- applies to all such actions regardless of analysis of conservation actions to ensure
cally increased by the Congress. whether a formal reprogramming of funds is the future sustainability of habitat identi-
(d) Reprogramming proposals submitted to required to begin the program. fied in recent departmental work on
the House and Senate Committees on Appro- Quarterly Reports.—All reprogrammings be- ungulate migrations in the Western United
priations for approval will be considered as tween budget activities, budget line-items, States and improving habitat quality in
expeditiously as possible, and the Commit- program areas, or the more detailed activity western big game winter range and migra-
tees remind the agencies that in order to levels shown in this agreement, including tion corridors. The Committees continue to
process reprogramming requests, adequate those below the monetary thresholds estab- focus on improving and restoring sage-grouse
and timely information must be provided. lished above, shall be reported to the Com- habitat and expect the Bureau to use the re-
Criteria and Exceptions.—A reprogramming mittees within 60 days of the end of each sources provided to increase capacity, imple-
must be submitted to the Committees in quarter and shall include cumulative totals ment the National Seed Strategy, and detect
writing prior to implementation if it exceeds for each budget activity or budget line item, and remove invasive plants.
$1,000,000 annually or results in an increase or construction, land acquisition, or forest Legacy Wells.—The bill provides no less
or decrease of more than 10 percent annually legacy project. than $28,900,000 for legacy well remediation
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in affected programs or projects, whichever Land Acquisitions, Easements, and Forest to maintain program capacity and continue
amount is less, with the following excep- Legacy.—Lands shall not be acquired for progress toward cleanup of the next cluster
tions: more than the approved appraised value, as of legacy wells in need of remediation.
(a) With regard to the Tribal priority allo- addressed in section 301(3) of Public Law 91– Resource Management Planning.—The bill
cations of the Bureau of Indian Affairs (BIA) 646, unless such acquisitions are submitted provides $69,029,000 which maintains
and Bureau of Indian Education (BIE), there to the Committees on Appropriations for ap- $10,000,000 for sage grouse. The Committees
is no restriction on reprogrammings among proval in compliance with these procedures. understand the Bureau is expected to finalize
these programs. However, the Bureaus shall Land Exchanges.—Land exchanges, wherein the resource management plan amendments
report on all reprogrammings made during a the estimated value of the Federal lands to currently underway for Greater sage-grouse
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S8646 CONGRESSIONAL RECORD — SENATE December 20, 2022
conservation and is encouraged to consider language contained in Senate Report 116–123 maining funding coming from Recovery
Area of Critical Environmental Concern des- subtitled Native Handicrafts, Central Ever- Challenge funds. Partner contribution cal-
ignations where appropriate. glades Planning Project, Loxahatchee Na- culations may include in-kind services. Un-
Abandoned Mine Lands and Hazardous Mate- tional Wildlife Refuge, is restated. The less an affected State is a partner on the
rials Management.—The agreement provides agreement reiterates that the Service’s 2016 project, no funds may be awarded to a
$57,166,000 which includes program increases regulation does not apply to Alaska Native project until the project partners have con-
and $16,503,000 for remediation of abandoned handicrafts made from walrus ivory and sulted with such State.
mine land sites. mammoth ivory. State Research Forests.—The Service is en-
Administrative Support.—The agreement Ecological Services.—The agreement pro- couraged to support cooperative research,
provides $56,305,000 which includes the budg- vides $296,033,000 for programs and activities monitoring, and recovery efforts for the pro-
et request for diversity, inclusion and com- within Ecological Services, including tection and recovery of spotted owl and mar-
pliance, Justice 40, HR support, and the $23,398,000 for listing. bled murrelet species on state research for-
Foundation for America’s Public Lands. Bill Planning and Consultation.—The agreement ests.
language and direction as outlined in House provides $120,858,000 which maintains Florida Grasshopper Sparrow.—The Service
Report 117–400 is maintained. $4,000,000 for Gulf Coast restoration activi- is directed to continue to support the Flor-
National Conservation Lands.—The agree- ties and provides $96,373,000 for general pro- ida grasshopper sparrow recovery efforts and
ment provides $61,599,000 which includes gram activities for building staff capacity. the captive breeding program as managed by
$11,000,000 in a new line for the National Sce- The Committees understand concerns exist its conservation partners as referenced in
regarding the timing of processing of Endan- Senate Report 116–123 and the agreement
nic and Historic Trails.
The Committees expect the increase pro- gered Species Act Section 7 consultation re- provides $350,000.
quests, such as in West Virginia. While the Western Monarchs and Other Pollinators.—
vided will create capacity to initiate or re-
Committees recognize the Service is working The Service is directed to utilize Service-
vise management plans for recently des- managed lands to the maximum extent prac-
ignated or expanded monuments, including to clear the backlog, the Service is directed
ticable to serve as habitat corridors for mi-
Cascade-Siskiyou National Monument and to report to the Committees within 90 days
grating monarchs, in particular the western
Rio Grande del Norte National Monument, of enactment of this Act on a review of the
monarch. The Committees recognize the
and address other high priority areas. process and provide recommendations on
Service provides resources for monarchs and
Off-Highway Vehicle Pilot Program.—In ad- ways to improve and expedite the process.
other pollinators across multiple accounts,
dition to the direction in House Report 117– Conservation and Restoration.—The agree-
and this agreement provides no less than
400, the Committees strongly encourage the ment provides $37,653,000 for conservation
$7,000,000 for the western monarch butterfly
Bureau to dedicate two additional employees and restoration activities which includes
and other pollinators which includes
to support high-volume special recreation $7,220,000 for marine mammals with the in-
$4,000,000 within National Wildlife Refuge
permit (SRP) offices and examine moving crease directed toward manatees; $500,000 for System, Inventory and Monitoring and
the threshold for recovering SRP processing the Alaska Nannut Co-Management Council $3,000,000 in Science Support. The Service is
costs from 50 to 100 hours. (ANCC); $250,000 for the Eskimo Walrus Com- encouraged to work alongside Federal agen-
OREGON AND CALIFORNIA GRANT LANDS
mission (EWC); and $15,037,000 for candidate cies, State, Tribal, and non-governmental or-
conservation. The Service is expected to ganizations on a comprehensive strategy to
The bill provides $120,334,000 for the Oregon complete the survey and stock assessment of
and California Grant Lands appropriation. increase habitat and monitoring of critical
northern sea otters in Southeast Alaska and pollinator species. The Service is expected to
Specific allocations at the activity and sub- assess this population relative to the opti-
activity level are contained in the table at continue to work with the National Fish and
mum sustainable level, improve manage- Wildlife Foundation to expand and leverage
the back of this explanatory statement. The ment strategies, and document ecological
Bureau will continue to follow and imple- monarch recovery efforts.
impacts of sea otters. Upon finalization of Western Yellow Rail.—The Service is en-
ment the directives included in the explana- this report, the Service shall transmit the couraged to contribute to regional coopera-
tory statement accompanying Public Law report to the Committees. tive efforts in the study, conservation, and
117—103 under this heading. Collaboration between Federal Agencies and management of the western Yellow Rail in
RANGE IMPROVEMENTS Private Forest Owners.—The Committees rec- the Pacific Northwest.
The bill provides $10,000,000 to be derived ognize that many at-risk species inhabit pri- Habitat Conservation.—The agreement pro-
from public lands receipts and Bankhead- vate lands, and that the Service must con- vides $74,224,000 for habitat conservation pro-
Jones Farm Tenant Act lands grazing re- sider non-regulatory and voluntary collabo- grams, of which $60,267,000 is for the Partners
ceipts. rative conservation efforts with private land- for Fish and Wildlife program and $13,957,000
owners to accomplish its mission. The Serv- is for the Coastal Program. The agreement
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
ice is directed to continue to utilize its grant provides $3,200,000 for nutria eradication
The bill provides an indefinite appropria- project and notes additional funding is pro-
and other programs to pursue collaborative
tion estimated to be $30,000,000 for Service vided in the National Wildlife Refuge Sys-
species conservation to the maximum extent
Charges, Deposits, and Forfeitures. tem.
practicable, specifically for the Northern
MISCELLANEOUS TRUST FUNDS Long-Eared Bat and the Wood Turtle. Over- Klamath Restoration.—The Service is di-
The bill provides an indefinite appropria- all, these ongoing collaborative efforts with rected to consider additional activities that
tion estimated to be $26,000,000 for Miscella- private landowners through programs such could be undertaken to recover endangered
neous Trust Funds. as the Wildlife Conservation Initiative will and threatened species, restore habitat, and
play a vital role in conserving at-risk and improve the health of the Klamath Basin Na-
UNITED STATES FISH AND WILDLIFE SERVICE tional Wildlife Refuges with the funds pro-
RESOURCE MANAGEMENT
listed species, allow for cooperation, and ul-
vided in fiscal year 2023 and during the fiscal
timately help achieve important wildlife
(INCLUDING TRANSFER OF FUNDS) year 2024 budget formulation. The Service is
conservation outcomes.
The bill provides $1,555,684,000 for Resource Recovery.—The agreement provides also encouraged to continue to coordinate
Management. All programs and activities $114,124,000 for activities in support of the re- with the Bureau of Reclamation where ap-
are funded at the amounts enacted in fiscal propriate and consult with Tribes.
covery and delisting of threatened and en-
National Wildlife Refuge System.—The agree-
year 2022 unless otherwise specified below or dangered species which includes $4,750,000 for ment provides $541,555,000 for the National
in the table at the end of this division. Fixed the State of the Birds to respond to the ur- Wildlife Refuge System.
costs are provided. The Service is expected gent needs of critically endangered birds Wildlife and Habitat Management.—The
to comply with the instructions and require- that, due to climate change, now face immi- agreement provides $16,925,000 for invasive
ments at the beginning of this division and nent extinction from non-native mosquitoes species to focus on high priority invasive
in House Report 117–400 unless otherwise that carry avian malaria and other patho- species including nutria, buffelgrass, and
specified below. While some language is re- gens lethal to these birds; $2,300,000 for the cheatgrass; $3,000,000 for nutria eradication;
peated for emphasis, it is not intended to ne- Prescott Grant program; $1,000,000 for the $500,000 to help refuges improve water effi-
gate the language referred to above unless wolf-livestock demonstration program; and ciency in order to maintain, improve, re-
expressly provided herein. $87,192,000 for general program activities place and upgrade refuge infrastructure on
The Service is expected to comply with with a particular focus on building staff ca- areas such as the Quivira National Wildlife
language contained in the explanatory state- pacity. Refuge; $2,500,000 for Marine National Monu-
ment accompanying Public Law 117–103, the The agreement provides $10,500,000 for Re- ments and maintains the direction in House
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Consolidated Appropriations Act, 2022 re- covery Challenge matching grants. Recovery Report 117–400 on the Northeast Canyons and
garding Traditional Knowledge, Subsistence Challenge grants are to be used to imple- Seamounts Marine National Monument;
Activities, Continued Funding Prohibitions, ment high priority recovery actions as pre- $25,924,000 for inventory and monitoring in-
Sea Otters, Polar Bear Tourism, Conserva- scribed in recovery plans to recover federally cluding no less than $4,000,000 for western
tion Banking Report, and Ozark Hellbender. listed species. Actions should include, but monarchs and pollinators and $1,000,000 for
The agreement reiterates the direction in are not limited to, genetically-sound breed- chronic wasting disease.
House Report 117–83 and the explanatory ing, rearing, and reintroduction programs. Staffing of the National Wildlife Refuge Sys-
statement accompanying Public Law 116–260 Project partners must provide contributions tem.—Over the past 10 years, the Refuge Sys-
regarding American red wolves. In addition, at least 50% of the project cost, with the re- tem’s full-time equivalent (FTE) staffing has
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8647
decreased while the Refuge System has con- North American Waterfowl Management cludes $11,500,000 to implement the Delaware
tinued to grow. Funding increases have been Plan/Joint Ventures program. River Basin Conservation Act; $200,000 for
provided so the Service can prioritize hiring Law Enforcement.—The agreement provides the Truckee River Operating Agreement;
FTEs to the maximum extent practicable, $92,099,000 for law enforcement activities, in- $268,000 for the Chehalis Fisheries Restora-
particularly to fill longstanding vacancies in cluding the requested internal transfer of tion Program; $18,598,000 for the National
the refuge system such as at the Northern $144,000 to General Operations, and $3,500,000 Fish Passage Program which includes
Maine Wildlife Refuge Complex and Chesa- to continue the Service’s work with the In- $5,000,000 to implement the Fisheries Res-
peake Marshlands National Wildlife Refuge dian Arts and Crafts Board to combat inter- toration and Irrigation Mitigation Act (Pub-
Complex. national trafficking of counterfeit arts and lic Law 106–502) for fish passage devices, fish
Visitor Services.—The agreement includes crafts and to conduct criminal investigations screens and other related features to miti-
$80,859,000 which includes $7,000,000 for the of alleged violations of the Indian Arts and gate the impacts on fisheries in the Pacific
Urban Wildlife Refuge Partnership program Crafts Act (Public Law 101–644). Ocean drainage of Oregon, Washington, Mon-
and $500,000 for Arctic Youth. Within 120 days of enactment of this Act, tana, Idaho, and California; and $9,750,000 to
Refuge Management Plans.—The agreement the Committees direct the Service to develop implement Klamath Basin restoration ac-
includes $3,684,000 for Conservation Planning a report outlining the challenges associated tivities.
and notes the increase over the fiscal year with combatting wildlife trafficking, includ-
ing those challenges associated with hiring Population Assessment and Cooperative Man-
2022 enacted level is for the Service to agement.—The agreement provides $36,932,000
prioritize updating refuge management plans and retraining law enforcement personnel
and payments made to informants to gather which includes $3,000,000 for Great Lakes
that predate the National Wildlife Refuge Fish and Wildlife Restoration Act grants;
Improvement Act of 1997, to improve the intelligence.
International Affairs.—The agreement pro- $1,000,000 for Great Lakes Consent Decree;
management of refuges in a manner con- $818,000 for the Lake Champlain Sea lamprey
sistent with the strategic vision of the Na- vides $29,079,000 including $10,098,000 for
International Conservation and $18,981,000 program; and $1,000,000 in General Program
tional Wildlife Refuge System. Activities for snakehead eradication. The
Alaska Maritime National Wildlife Refuge.— for International Wildlife Trade. Funds re-
quested to continue progress on the elec- agreement also provides $500,000 in General
The Service is directed to continue to follow
tronic permit application and processing sys- Program Activities for American Shad and
the directive from previous fiscal years that
tem are provided. The Theodore Roosevelt in addition to direction in House Report 117–
prohibits a caribou hunt on Kagalaska Island
Genius Prizes for technological innovation 400, the Service is encouraged to collaborate
and efforts to remove cattle on Chirikof and
to help conserve and manage wildlife is with academic research institutions, and
Wosnesenski Islands in the State of Alaska.
John H. Chafee National Wildlife Refuge.— maintained at the fiscal year 2022 enacted State, Tribal, and local governments.
The Committees support the salt marsh res- level. Within one year of enactment of this Act,
toration work in the John H. Chafee Na- The Committees are aware of proposed im- the Committees direct the Service to work
tional Wildlife Refuge to enhance salt marsh port revisions and direct the Service to con- with the State of Alaska to develop a joint
resiliency with native plantings, tidal flush- tinue to apprise the Committees of any addi- strategy with management recommenda-
ing, and other drainage work. The Service is tional actions regarding protecting lions and tions on subsistence hunting and fishing that
encouraged to prioritize these ongoing ef- other iconic species that are hunted for tro- will help increase food security in rural
phies to ensure the conservation and sur- areas in the State. This joint strategy should
forts.
Kenai National Wildlife Refuge.—The Com- vival of those species. include public input from Alaska’s rural
Fish and Aquatic Conservation.—The agree- residents, document and apply local and tra-
mittees are aware the Kenai National Wild-
ment provides $241,571,000 for fish and aquat- ditional knowledge, and identify any needed
life Refuge has identified 2,500 acres of for-
ic conservation programs.
ested habitat impacted by spruce bark bee- regulatory flexibilities to respond to the
National Fish Hatchery System Operations.—
tles that is currently ready for treatment, timing and changing distributions of fish and
The agreement provides $76,356,000 which in-
several acres of which are adjacent to exist- cludes: $3,750,000 for Klamath Basin restora- wildlife populations.
ing roads, facilities, campgrounds, trails, and tion activities and directs the Service to Connecticut River Atlantic Salmon Commis-
other high use recreation sites. To protect work with the affected Tribes on fish res- sion.—The agreement provides $700,000 for
the Refuge and surrounding communities, toration activities; $4,700,000 for mitigation the Connecticut River Atlantic Salmon Com-
the Committees encourage the Service to of the Pacific Salmon Treaty and directs the pact, as authorized in Public Law 98–138, for
treat the 2,500 high priority acres ready for Service to work in cooperation with State research, monitoring, conservation, and
treatment within the funds provided. These fish and game agencies and which includes habitat restoration work related to this
treatments would meet multiple objectives $1,556,000 for implementation of the Yukon high-priority watershed. The Committees di-
by removing beetle-killed trees and reducing River Salmon Agreement and funding for rect that the Secretary undertake a special
risk to the public, employees, and infrastruc- anadromous salmonids. The Service is di- resource study of the national significance
ture, while reducing accumulations of haz- rected to continue to work in cooperation of, and the suitability and feasibility of car-
ardous fuels. with State fish and game agencies on mark- rying out a basin-scale, nonregulatory pro-
Good Neighbor Agreements.—The Commit- ing of anadromous fish and the agreement gram of conservation, stewardship, and en-
tees note that forest ecosystems in the Na- maintains funding for mass marking at the hancement of habitat for fish and wildlife in
tional Wildlife Refuge System are suscep- fiscal year 2022 enacted level. None of the the Connecticut River basin.
tible to elevated wildfire risk, drought, and funds provided under this subactivity may be Aquatic Invasive Species.—The agreement
insect and disease infestation. The Commit- used to terminate operations or to close any includes $50,143,000 for aquatic invasive spe-
tees recognize that the environmental stew- facility of the National Fish Hatchery Sys- cies programs, of which $2,749,000 is for Pre-
ardship of national wildlife refuges and adja- tem. None of the production programs listed vention; $5,038,000 is to implement subsection
cent non-Federal lands would benefit if the in the March 2013 National Fish Hatchery 5(d)(2) of the Lake Tahoe Restoration Act
Service offered cross-boundary fuels reduc- System Strategic Hatchery and Workforce which is supplemented by funding provided
tion projects to neighboring State, local, and Planning Report may be reduced or termi- in Public Law 117–58 for fiscal year 2023;
Tribal governments similar to those issued nated without advance, informal consulta- $31,000,000 is for invasive carp as outlined in
by other land management agencies under tion with affected States and Tribes. The House Report 117–400 and Senate Report 116–
Good Neighbor Agreements [GNA]. There- Service is encouraged to include adequate 123 including not less than $4,000,000 for con-
fore, the Department of the Interior is en- support for mitigation activities at National tract fishing; $2,834,000 for NISA State Plans
couraged to develop a legislative proposal Fish Hatcheries in future budget submis- and $1,566,000 for NISA implementation
that would provide GNA authority to the sions. which help control the spread of invasive
Service. The bill provides $8,000,000 for the Warm
Refuge Maintenance.—The agreement in- carp; $3,500,000 is to prevent the spread of
Springs Fish Health Center (FHC) which pro-
cludes $25,850,000 for annual maintenance; quagga and zebra mussels; $1,500,000 is for re-
vides disease diagnosis, biosecurity and dis-
$46,579,000 for deferred maintenance; search on hydrilla, eel, and milfoil invasive
ease management, disease treatment and
$12,201,000 for equipment and vehicles; and grasses; and $1,011,000 is for Great Lakes Sea
prevention, fish health inspection services
$65,581,000 for maintenance support. for Federal, State, and Tribal hatcheries re- Lamprey administration costs. Direction to
Conservation and Enforcement.—The agree- sponsible for production of salmonids and the Office of the Secretary contained in
ment provides $175,038,000 for other conserva- warm water species for recovery, restora- House Report 117–400 is maintained. The
tion and enforcement programs as described tion, and recreational fisheries, and inspec- Committees urge the Secretary to provide
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below. tion and certificates for the National the necessary resources for National Early
Migratory Bird Management.—The agree- Triploid Grass Carp Protection. Additional Detection and Rapid Response Framework
ment provides $53,860,000 which includes funding is provided to develop environmental and Rapid Response Fund.
$30,935,000 for Conservation and Monitoring DNA tools to forecast and detect aquatic Invasive Carp.—The Committees recognize
of which $600,000 is to manage bird-livestock invasive species, aquatic nuisance species, the importance of the work conducted by the
conflicts, $333,000 is for urban bird treaties, aquatic pathogens, and rare species for Fed- Service to combat the serious threat of
and $800,000 is for clean energy; $5,513,000 is eral, State, and Tribal hatcheries. invasive carp and the bill provides $27,000,000
for Permits; $591,000 is for the Federal Duck Habitat Assessment and Restoration.—The for invasive carp activities, as directed in
Stamp program; and $16,821,000 is for the agreement provides $51,826,000, which in- House Report 117–400 including the direction
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S8648 CONGRESSIONAL RECORD — SENATE December 20, 2022
for contract fishing. The Service should con- The agreement continues support for the The agreement provides fixed costs and
sider the utility of creating a dedicated fund- Everglades at not less than the fiscal year funding for New Responsibilities at New and
ing source to increase the intensity and geo- 2022 enacted level. Existing Park Areas and for Additional Re-
graphic scope of efforts to prevent entry into CONSTRUCTION sponsibilities, as requested. This funding
the Great Lakes and control in areas where The bill provides $29,904,000 for Construc- provided will address a number of new re-
invasive carp are currently located. The tion and includes fixed costs. No additional quirements at national park units across the
Committees encourage the Service to work country, including at Ste. Genevieve Na-
funding is provided for fleet related infra-
with those States with existing cooperative tional Historical Park [MO], Katmai Na-
structure, and field communication mod-
agreements, including nonprofits, to develop tional Park and Preserve [AK], Catoctin
ernization. The agreement continues to sup-
and implement innovative solutions to re- Mountain Park [MD], and the National Mall
port the Service’s objective priority-setting
duce invasive carp populations in the Ohio and Memorial Parks [DC]. The agreement
process and expects the Service to follow its
River basin, with emphasis on Kentucky also provides an increase of $31,500,000 to the
recast project priority list submitted on July
Lake and Lake Barkley. Additionally, while enacted level to restore staffing capacity
11, 2022, with the funds provided. When a con-
the Committees recognize the importance of across the system. Additional funding guid-
struction project is completed or terminated
studying and understanding invasive carp ance is provided below.
and appropriated funds remain, the Service Resource Stewardship.—The bill includes:
patterns, the Service is encouraged to take
may use those balances to respond to unfore- $5,300,000 for the Partnership Wild & Scenic
action on a strategy that increases the focus
seen reconstruction, replacement, or repair Rivers program and other similarly managed
on biomass removal and restricts carp pro-
of facilities or equipment damaged or de- rivers; $2,000,000 for Active Forest Manage-
gression by coordinating with other Federal
stroyed by storms, floods, fires, and similar ment; $6,500,000 for Quagga and Zebra Mussel
partners on constructing invasive carp bar-
unanticipated natural events. The detailed programs; $800,000 for Cave and Karst Eco-
riers. The Committees direct the Service to
allocation of funding by activity is included system Research; $400,000 for Recreational
report back within 60 days of enactment of
in the table at the end of this explanatory Access—Support Alaska Subsistence;
this Act detailing how fiscal year 2021 and
statement. $18,856,000 for the National Trails System;
fiscal year 2022 funds have been expended,
along with a strategy for targeting and re- COOPERATIVE ENDANGERED SPECIES and $2,500,000 for socioeconomic monitoring.
moving increased tonnage of invasive carp in CONSERVATION FUND The agreement provides $9,143,000 for the Na-
the Ohio, Tennessee, and Cumberland River The bill provides $24,564,000 in discre- tional Networks. Within this amount, the
basins. tionary funding from the Cooperative Endan- African American Civil Rights Network is
European Green Crab.—Over the last three gered Species Conservation Fund for con- funded at the requested level of $5,384,000 and
years, the population of invasive European servation grants, habitat conservation plan- the National Underground Railroad Network
Green Crab in the Salish Sea has grown ex- ning grants, and program administration. In to Freedom is funded at $2,505,000.
ponentially. This invasive species is resilient addition, the bill allocates $32,800,000 in man- Visitor Services.—Funding is provided at the
to rising water temperatures caused by cli- datory funding from the Land and Water enacted level to expand recreational fishing,
mate change. This crab species preys on na- Conservation Fund for species recovery and camping, and instruction focusing on intro-
tive vegetation which is important habitat habitat conservation plan land acquisitions. ductory recreation experiences in parks
for endangered salmon and other species that Detailed tables of funding allocations below throughout the year in a variety of rec-
are critical to uphold Tribal treaty rights, the account level are provided at the end of reational activities. Funding is also provided
and Puget Sound recovery. The Committees this explanatory statement. at the enacted level for the National Capital
are aware the Service is working with the Area Performing Arts Program and at not
NATIONAL WILDLIFE REFUGE FUND
National Oceanic and Atmospheric Adminis- less than the enacted level for the Indian
The bill provides $13,228,000 for payments Youth Service Corps. The agreement in-
tration on eradication efforts and direct the to counties from the National Wildlife Ref-
Service to report back within 90 days of en- cludes an increase of $776,000 for the Volun-
uge Fund. teers in Parks program.
actment of this Act outlining these collabo-
NORTH AMERICAN WETLANDS CONSERVATION Park Protection.—The bill provides $950,000
rative efforts.
FUND for veterans’ fire corps.
The Service is expected to continue to pur-
The bill provides $50,000,000 for the North Park Support.—The proposed transfers have
sue methods for invasive species control that been accepted and $400,000 is provided for the
do not result in the addition of chemical American Wetlands Conservation Fund.
Diversity, Inclusion, and Compliance initia-
agents to the ecosystem and harmful sec- NEOTROPICAL MIGRATORY BIRD CONSERVATION tive. The requested level of $4,635,000 is pro-
ondary by-products such as algal blooms, as FUND vided for servicewide bandwidth.
directed in House Report 117–400. The bill provides $5,100,000 for the Global Positioning System Modernization.—
Cooperative Landscape Conservation.—The Neotropical Migratory Bird Conservation The agreement provides $1,500,000 for the
agreement maintains the merging of this ac- Fund. sustainment of recently acquired Global Po-
tivity into Science Support and creates a sitioning System (GPS) data collection de-
MULTINATIONAL SPECIES CONSERVATION FUND
new subactivity Science Partnerships as out- vices used by the Service for facilities plan-
lined in House Report 117–400. The bill provides $21,000,000 for the Multi-
national Species Conservation Fund. The de- ning, lands administration, visitor safety,
Science Support.—The agreement provides and infrastructure protection.
$35,372,000 for Science Support which in- tailed allocation of funding by activity is in-
National Park Foundation.—The agreement
cludes $26,400,000 for Science Partnerships cluded in the table at the end of this explan-
provides $10,000,000 for the National Park
and $8,972,000 for Service Science. The bill atory statement.
Foundation.
provides $3,500,000 for white nose syndrome; STATE AND TRIBAL WILDLIFE GRANTS Additional Guidance.—The following addi-
the fiscal year 2022 enacted level for Gulf The bill provides $73,812,000 for State and tional guidance is included:
Coast ecosystem restoration; $8,000,000 for Tribal Wildlife Grants which includes Appalachian National Scenic Trail.—The
Chesapeake WILD; and $3,000,000 for research $60,000,000 for State Wildlife Formula grants, Committees are aware that the Trail is expe-
on western monarch butterflies and other $7,612,000 for State Wildlife Competitive riencing increased visitation and encourage
pollinators. Best practices developed in re- grants, and $6,200,000 for Tribal Wildlife the Service to include sufficient resources in
sponse to white nose syndrome are directed grants. future budget requests to meet its expanded
to be applied in response to other new and visitor services, law enforcement, compli-
NATIONAL PARK SERVICE
emerging high-risk wildlife diseases. The ance, and land acquisition requirements.
Service should also continue, along with the OPERATION OF THE NATIONAL PARK SYSTEM Biscayne National Park.—The Committees
U.S. Geological Survey, to lead and imple- The bill provides $2,923,424,000 for Oper- are pleased with the recent Memorandum of
ment the North American Bat Monitoring ation of the National Park System (ONPS). Understanding [MOU] between Biscayne Na-
Program in association with other Federal For this and all other Service accounts fund- tional Park [BNP] and the State of Florida’s
natural resource management agencies and ed in this bill, the Service is expected to Fish and Wildlife Conservation Commission
offices, States, Tribes, and non-govern- comply with the instructions and require- [FWC], which affirms fishing rights within
mental partners. ments at the beginning of this division and the boundaries of BNP and affirms the regu-
General Operations.—The agreement pro- in House Report 117–400, unless otherwise latory responsibilities of the Service and the
vides $166,250,000 for general operations specified below. Additional details, instruc- FWC to manage wildlife and regulate com-
which includes the internal transfer of tions, and requirements follow below and in mercial and recreational fishing within Bis-
$144,000 from Law Enforcement. the table at the end of this division. cayne National Park, in conformance with
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Stewardship Priorities.—The agreement pro- The Service is expected to execute its Federal and State law. The Committees com-
vides $25,641,000 in congressionally directed spending at the levels provided. The Service mend the parties for their commitment to
spending for stewardship projects to further may not redistribute the allocations in a fis- engage in good faith with regard to any dis-
conservation goals. Further detail on these cal year 2023 operating plan. The Service is putes that may arise in the future related to
projects is provided in the table titled ‘‘Inte- directed to continue to refine the Operation the MOU.
rior and Environment Incorporation of Com- of the National Park Service Realignment Blackstone Valley National Heritage Cor-
munity Project Funding Items/Congression- and collaborate with the Committees with ridor.—The Committees continue the fiscal
ally Directed Spending Items’’ accom- the goal to develop an updated methodology year 2022 enacted directive regarding cooper-
panying this explanatory statement. to improve the budgeting process. ative agreements with the local coordinating
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8649
entity for the Blackstone Valley National the bill provides $11,661,000 to support the regarding the distribution of funding in-
Heritage Corridor. The Committees believe South Florida Ecosystem Restoration Task cluded in Senate Report 116–123.
the acquisition of Slater Mill’s historic dam Force to develop and implement responses to Save America’s Treasures.—The Save Amer-
will contribute positively to the cultural, invasive species threatening the integrity of ica’s Treasures program is provided
natural, and recreational resource base of the Everglades ecosystem, pursuant to Sec- $26,500,000. The Committees support this pro-
the Park. The Service shall brief the Com- tion 528(f)(2) of the Water Resources Develop- gram because of its important role in pro-
mittees on its plan to fulfill this directive ment Act of 1996 (110 Stat. 3771) as amended viding preservation and conservation assist-
within 60 days of enactment of this Act. by Public Law 116—260. ance to nationally significant historical
Chesapeake Bay Office.—The Service is a Tok/Ahtna Visitor Center.—The Committees properties and collections, including historic
lead implementing partner for four goals appreciate the efforts by the Service to col- courthouses.
(land conservation, public access, citizen laborate in the development of plans for in- Semiquincentennial Preservation Grants.—
stewardship, and education) of the 2014 terpretive facilities, information about rec- The bill provides $10,000,000 for the Service to
Chesapeake Bay Watershed Agreement. The reational opportunities, and support with assist states in preparing for the upcoming
National Park Service Chesapeake Bay office volunteer staffing at the Tok Visitor Center, Semiquincentennial celebration and to cele-
has continued, despite funding challenges, to which serves as a gateway for visitors to brate the Nation’s history. Funds from this
expand its activities and responsibilities re- allocation should be used for a competitive
nearby Denali National Park and Preserve,
lated to expanding public access to the Bay grant program to support the restoration of
Wrangell-St. Elias National Park and Pre-
and serves as the lead agency on several sites that honor the 250th anniversary of the
serve, and the Yukon-Charley Rivers Na-
multi-State and Federal conservation goals country’s founding, including Revolutionary
tional Preserve.
as a part of the 2014 Chesapeake Bay Water- War monuments. Eligible sites shall include
Additionally, the Committees appreciate
shed Agreement. The Committees support those that commemorate the anniversary of
Wrangell-St. Elias National Park and Pre-
operational funding for the Chesapeake Bay the country’s founding even if they were con-
serve’s commitment to the Ahtna Cultural
Office in order to meet the conservation and structed later than the end of the Revolu-
Center. The Park’s current visitor center co- tionary War. Priority should be given to
public access goals established by the Bay management strategy with Ahtna Incor-
Watershed Agreement. state-owned sites. A site must be listed in, or
porated honors the original Congressional in- be eligible to be listed in, the National Reg-
Cumberland Island National Seashore.—The tent to collaborate with the Ahtna people,
Committees are concerned about erosion im- ister of Historic Places in order to be eligi-
and the Committees expect the Service to ble.
pacting the Cumberland Island National Sea- continue this partnership and to provide the
shore. The Committees direct the Service to State Historic Preservation Offices [SHPOs].—
Committees with information regarding any The bill provides $62,150,000 for grants to
consult with the U.S. Army Corps of Engi- facilities maintenance issues that need to be
neers to exchange information regarding cur- State Historic Preservation Offices, an in-
addressed to further facilitate this partner- crease of $4,475,000 to the enacted level which
rently available science related to climate ship.
vulnerability of Cumberland Island in order shall be allocated consistent with the newly
to gain common understanding of available NATIONAL RECREATION AND PRESERVATION updated apportionment formula. The Com-
tools for assessing and addressing erosion. The bill provides $92,512,000 for national mittees note that this funding level will en-
The Committees direct the Service to keep recreation and preservation. The amounts sure that each SHPO will receive no less
the Committees apprised of developments re- recommended by the Committees compared than the fiscal year 2022 amount.
lated to climate assessments of Cumberland with the budget estimates by activity are CONSTRUCTION
Island National Seashore. shown in the table at the end of this explana- The bill provides $239,803,000 for construc-
Continued Directives.—The Committees con- tory statement. tion.
tinue the directives regarding Director’s The bill provides $13,000,000 for the Rivers, Line-Item Construction.—Funding for line-
Order 21, Roosevelt-Campobello Inter- Trails, and Conservation Assistance Pro- item construction projects is provided as
national Park, and Katahdin Wood and gram; $3,027,000 for Chesapeake Bay Gate- outlined in the table contained in House Re-
Waters National Monument contained in ways and Trails; $3,407,000 for Native Amer- port 117–400.
Senate Report 116–123. ican Graves Protection and Repatriation Denali National Park Road.—The Commit-
Glen Echo Park.—The Committees encour- Grants; $4,655,000 for Japanese Confinement tees recognize the importance of the Denali
age the Service to provide a report on the fa- Site Grants; $2,750,000 for American Indian Park Road as the sole method of motor vehi-
cility condition assessment and cost esti- and Native Hawaiian Art and Culture cle access to Denali National Park and Pre-
mate on necessary deferred maintenance to Grants; and, $4,000,000 for the competitive serve and will continue to support the Serv-
the Crystal Pool and Spanish Ballroom with- grant program, as authorized by the 9/11 Me- ice as it works to complete the bridge con-
in Glen Echo Park. The Service is also en- morial Act (Public Law 115–413). struction and reopen the road as quickly as
couraged to collaborate with Montgomery Cultural Programs.—The Committees recog- possible.
County on the Glen Echo Park Master Plan nize the importance of supporting Native Fort Vancouver National Historic Site.—The
to ensure that park operations are beneficial culture and arts development, which contrib- Committees support the ongoing efforts to
to those who enjoy and use the park while utes to maintaining the cultural diversity of develop a plan for long-term usage of the
reducing the financial burden on the Service. the Nation and the cultural survival of the Fort Vancouver National Historic Site. It is
Honouliuli National Historic Site and Pearl regional indigenous populations. Funding is critical that that an actionable plan for re-
Harbor National Memorial.—The Committees provided for grants to nonprofit organiza- habilitation of the facility be produced as
direct the Service to maintain the line item tions or institutions for the purpose of sup- soon as is practicable. Within 90 days after
and program summary in the budget for porting programs for Native Hawaiian or the enactment of this Act, the Service shall
Honouliuli. Further, the Service shall not Alaska Native culture and arts development provide to the Committees a completed ac-
construe Section 2206 of the John D. Dingell, at a total program level of $2,750,000, an in- tion plan to facilitate this work.
Jr. Conservation, Management, and Recre- crease of $1,250,000 to the enacted level, Ocmulgee River Corridor.—The Committees
ation Act to result in any reduction in fund- which is provided to support both continued support the Service’s initiation of the
ing for Pearl Harbor National Memorial or participation and encourage new entities to Ocmulgee River Corridor Special Resource
Honouliuli National Historic Site. apply. Study to evaluate its potential for designa-
National Trails System.—The Committees Heritage Partnership Programs.—The bill tion as a national park unit and directs the
understand the importance of providing ade- provides $29,232,000 for Heritage Partnership Service to complete the report in a timely
quate funding to develop and maintain the Programs. The directive contained in the ex- manner.
National Trails System for future genera- Valles Caldera National Preserve.—The Com-
planatory statement that accompanied Pub-
tions to enjoy. The Committees urge the mittees are concerned about the presence of
lic Law 116–6 with regards to funding dis-
Service to continue its efforts to support illegal trespass cattle on the Valles Caldera
tribution is continued. The Committees note
construction and maintenance projects and National Preserve in violation of the Pre-
that areas that have not completed their
volunteer coordination efforts, including ac- serve’s authorizing statute and Service pol-
management plan continue to be eligible for icy. The Service, in cooperation with the
tivities in support of non-unit National Sce-
funding regardless of the status of their U.S. Forest Service, is urged to make
nic Trails.
management plan. progress on infrastructure improvements
Public-Private Partnership [P3] Authorities.—
The Committees direct the Service to pro- HISTORIC PRESERVATION FUND that will effectively exclude unauthorized
vide a report on its plan to use its existing The bill provides $204,515,000 for historic cattle from the Preserve.
P3 authorities to work with public- and pri- preservation. CENTENNIAL CHALLENGE
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vate-sector entities that have experience de- Competitive Grants.—The bill provides The bill provides $15,000,000 for the Centen-
signing, developing, and constructing facili- $24,000,000 for the African American Civil nial Challenge matching grant program.
ties, including in the Arctic, to develop pro- Rights Grants, as requested. Additionally,
UNITED STATES GEOLOGICAL SURVEY
posals for affordable and sustainable em- $5,000,000 is provided for the History of Equal
Rights grants and $1,250,000 for grants to un- SURVEYS, INVESTIGATIONS, AND RESEARCH
ployee housing options. The report should
identify where, if any, existing authorities derserved communities. (INCLUDING TRANSFER OF FUNDS)
limit the viability of potential P3s. Paul Bruhn Historic Revitalization Grants.— The bill provides $1,497,178,000 for Surveys,
South Florida Ecosystem Restoration Task The bill provides $12,500,000 for historic revi- Investigations, and Research of the U.S. Geo-
Force.—Consistent with the budget request, talization grants and retains the directives logical Survey (USGS, or the Survey). All
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S8650 CONGRESSIONAL RECORD — SENATE December 20, 2022
programs and activities are funded at the Climate Adaptation Science Center and Land The agreement continues no less than the
amounts enacted in fiscal year 2022 unless Change Science Program.—The agreement pro- enacted level for the national seismic hazard
otherwise specified below or in the table at vides $83,181,000 of which $63,115,000 is for the map, including for expansion to Puerto Rico
the end of this division. Fixed costs are pro- National and Regional Climate Adaptation and the Virgin Islands, for regional networks
vided. The Survey is expected to comply Science Centers. The agreement also pro- to operate and maintain recently acquired
with the instructions and requirements at vides $20,066,000 for Land Change Science. USArray stations, for the Advanced National
the beginning of this division and in House Cooperative Research Units Program.—Coop- Seismic System (ANSS) and for regional
Report 117–400 unless otherwise specified erative Research Units (CRUs) are funded at seismic networks including the Central and
below. While some language is repeated for $28,206,000 in accordance with the specifica- Eastern U.S. Network.
emphasis, it is not intended to negate the tions outlined in House Report 117–400. Of the The agreement provides $37,500,000 for vol-
language referred to above unless expressly funds provided, the Survey is directed to use cano hazards.
provided herein. at least $800,000 from within available funds In 2019 the National Volcano Early Warn-
Ecosystems.—The agreement provides to establish a CRU at a land-grant institu- ing and Monitoring System (NVEWS) was
$307,176,000 as outlined below. tion within a State that does not have a initiated. The Survey is completing the two
Environmental Health Program.—The agree- CRU. Priority should be given to funding a prerequisite steps to NVEWS expansion and
ment provides $30,457,000 for Environmental CRU that can serve the diverse aquatic and upgrades and is encouraged to accelerate the
Health, which includes $12,528,000 for Con- ecological landscapes, including urban and pace of these activities where possible. The
taminant Biology and $17,929,000 for Toxic rural components, that encompass the Lake agreement provides $18,349,000 for NVEWS an
Substances Hydrology. The agreement in- Michigan and Ohio River ecosystems. The increase of $2,591,000 over the enacted level.
cludes no less than a $2,000,000 increase above agreement also provides $250,000 from within Within 60 days of enactment of this Act, the
the enacted level for research on harmful available funds for research into the causes Survey is directed to brief the Committees
algal blooms; $2,700,000 for research on the of malignant melanomas affecting 25 percent on the NVEWS program and how this in-
transmission of per- and polyfluoroalkyl sub- or more of brown bullhead (Ameiurus crease is allocated within the program. The
stances (PFOA/PFAS) in watersheds and nebulosus) in some northern New England agreement further provides an increase of
aquifers; and the $1,000,000 requested for waters and related fishery research at the $750,000 for Volcanic Hazards Assessments.
mitigation of contaminant exposures and re- host institution. The Survey is directed to follow the guid-
cycling of mine waste. The Survey is to con- Great Lakes Science.—The Survey is di- ance regarding early warning systems con-
tinue its research as directed in House Re- rected to follow the guidance contained in tained in the joint explanatory statement
port 117–400. House Report 117–400. accompanying Public Law 117–103.
Plastics.—The Survey is urged to emphasize Energy and Mineral Resources.—The agree- The agreement includes $14,432,000 for land-
plastics research, including microplastics ment provides $104,220,000 for Energy and slide hazards which includes an increase of
and nanoplastics research, in the environ- Mineral Resources. Mineral Resources is $4,774,000 for science as outlined in House Re-
mental health strategic vision the Survey is funded at $70,855,000 which provides port 117–400.
developing and to brief the Committees on $10,848,000 for the critical minerals Earth The agreement also includes an increase of
its findings after release of the review. Mapping Resources Initiative (Earth MRI) $500,000 above the fiscal year 2022 enacted
Species Management Research Program.—The and provides an increase of $5,000,000 for level towards collaborating with State,
agreement provides $63,904,000 which includes mine waste research and to characterize local, and regional entities in Alaska, par-
an increase of $500,000 for Hawaiian forest mine waste as a potential source for critical ticularly areas with heightened risk like
birds to respond to the urgent needs of criti- minerals. Energy Resources is funded at those communities in Prince William Sound
cally endangered Hawaiian forest birds that, $33,365,000 including $2,977,000 for geologic and Southeast Alaska to develop, support,
due to climate change, now face imminent carbon sequestration, a portion of which is and maintain landslide monitoring systems.
extinction from non-native mosquitoes that to advance the understanding of alkalinity The Survey is directed to collaborate with
carry avian malaria and other pathogens le- sources of carbon mineralization as outlined local and Indigenous people and entities to
thal to these birds; $500,000 to support and in House Report 117–83. support and maintain landslide monitoring
collaborate with the USA National Phe- The Committees urge the Survey, when de- systems. The Survey is directed to continue
nology Network; $2,000,000 for deepwater veloping critical mineral maps, to consider to collaborate with the National Oceanic and
fisheries research at the Great Lakes Science other sensitive resources such as sacred Atmospheric Administration and State and
Center; and the requested funding rebase of Tribal sites, sensitive watersheds, critical
$5,087,000. The Survey is directed to follow local governments to assess landslide poten-
habitat, and other areas with special des-
the guidance on saline lakes contained in the tial and hazards and implement tsunami
ignations, and prioritize mapping in those
joint explanatory statement accompanying warning capabilities in Southeast Alaska
areas that do not conflict with other pre-
Public Law 117–103. and Prince William Sound, expanding its
viously identified sensitive resources. The
Land Management Research Program.—The work to locations that have recently experi-
Committees encourage the Survey to work
agreement provides $54,806,000 including enced landslides and will continue to face
with partner agencies responsible for permit-
$8,000,000 for Chesapeake Bay activities; an the threat of devastating landslides, includ-
ting critical mineral projects and to increase
increase of $1,000,000 to expand research on ing through the use of physical instrumenta-
the provision and public release of science to
vegetation treatments to restore the integ- tion or remote sensing technologies, particu-
inform decision-making for permitting proc-
rity of native Sagebrush Sea ecosystems; and larly where the threat of a landslide and tsu-
esses, including data and analysis from the
a reduction of $7,707,000 as requested to Earth MRI program and mineral resource as- nami presents the most serious risks to resi-
rebase funding. sessments as called for under the Energy Act dents, visitors, and property. Further, the
Biological Threats and Invasive Species Re- of 2020. Survey is directed to brief the Committees
search Program.—The agreement provides The Survey is expected to continue critical within 60 days of enactment of this Act on
$46,622,000 including $4,970,000 for chronic mineral mapping efforts in Alaska, pursuant what resources are needed to aid the develop-
wasting disease (CWD) and maintaining the to the budget request, at no less than the fis- ment and deployment of early warning tech-
direction for CWD contained in the joint ex- cal year 2022 enacted level and to brief the nologies to affected communities.
planatory statement accompanying Public Committees on such efforts within 90 days of The agreement provides $5,251,000 for
Law 117–103. The agreement provides $700,000 enactment of this Act. Geomagnetism including no less than the fis-
for coral disease and $2,000,000 for research to Natural Hazards.—The agreement provides cal year 2022 enacted level for the
develop integrated approaches to tick man- $200,256,000 for the Natural Hazards Program, magnetotelluric survey to advance the col-
agement including using biodiversity and including $92,651,000 for earthquake hazards. lection of magnetotelluric observations of
ecosystem services to lower population Within this funding, $28,600,000 is included the Earth’s naturally occurring electric and
counts. This research should be conducted for continued development and expansion of magnetic fields in the U.S. regions.
with coordination from several States in a the ShakeAlert West Coast earthquake early Water Resources.—The agreement provides
region that is most heavily impacted by the warning (EEW) system to enable its comple- $304,434,000 for Water Resources, with
prevalence of ticks and tick-borne disease. tion by 2025, as well as the timely processing $66,529,000 for activities associated with the
The agreement also provides $11,000,000 for of station permits and License to Operate ap- Cooperative Matching Funds. Water Avail-
invasive carp research, of which $3,000,000 is plications. The establishment of a memo- ability and Use Science is funded at
for research on grass carp. The direction randum of understanding between the Sur- $74,296,000, which includes $1,000,000 for the
found in Senate Report 116–123 is continued vey and its ShakeAlert state government U.S.-Mexico transboundary aquifer assess-
for invasive carp, coral disease, and invasive partners to enable closer collaboration and ment; $13,500,000 for integrated water pre-
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species research, detection, and response ef- coordination on future system improvements diction to continue to utilize the best avail-
forts. Additional resources for invasives spe- is supported. Continued efforts to complete able technology to develop advanced mod-
cies were provided in Public Law 117–58 to and operate the EEW system on the West eling tools, state-of-the-art forecasts, and
the Office of the Secretary. The requested Coast are supported. decision support systems and to incorporate
funding rebase of $2,620,000 is provided and Concerns remain regarding the lack of these capabilities into daily water oper-
funding is continued at the enacted level for knowledge and offshore real time instrumen- ations; $1,750,000 for a regional Integrated
white-nose syndrome (WNS) research and the tation available for the Cascadia subduction Water Availability Assessment (IWAA) study
direction found in Senate Report 116–123 is zone and the direction in House Report 117– program for saline lakes to expand the as-
continued for WNS research. 400 is maintained. sessment and monitoring of the hydrology of
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8651
saline lakes in the Great Basin and the mi- assess controls of inflow to Upper Klamath $92,184,000 for Satellite Operations and main-
gratory birds and other wildlife dependent on Lake from surface water and groundwater, tains the enacted level for the National Civil
those habitats; $3,500,000 for the Survey’s improve snowmelt prediction, and forecast Applications Center. The agreement recog-
work with the Open ET consortium and the impacts of drought and other drivers on nizes the value of the Remote Sensing State
Open ET software system; and $2,000,000 for water availability for both human and eco- Grants program and provides $1,465,000 to en-
the Mississippi Alluvial Plain (MAP) IWAA logical uses and the agreement provides at sure the on-going viability of the program
to focus on delivery of a groundwater model- least the fiscal year 2022 enacted level to nationwide. The agreement also includes an
based decision support system to support continue to expand this work. increase of $500,000 for biologic carbon se-
water sustainability decision-making and a Hydrological Science Talent Pipeline.—Ro- questration.
basin-wide model and monitoring program bust participation with universities in the Science Support.—The agreement includes
for irrigation water-use. hydrologic sciences is essential to building a $106,304,000 which includes $82,179,000 for ad-
The agreement provides $5,000,000 to estab- talent pipeline as well as building capacity ministration and management including in-
lish a center to study complete water cycles to support future hydrological research and creases of $724,000 for scientific integrity;
and watersheds from mountaintops to shore- operational efforts. To support this, the $100,000 for fleet enhancement; and increases
lines. The center should focus on freshwater agreement continues funding of $2,000,000 outlined in House Report 117–400; and
ecosystems with diverse industries, water within the Water Availability and Use $24,125,000 for Information Services which
use, and geological surroundings that impact Science Program and $2,000,000 within the provides an increase of $1,500,000 for cloud
the local watershed. All aspects of the water National Groundwater and Streamflow Infor- and high-performance computing.
cycle should be considered including nega- Facilities.—The agreement provides funding
mation Program to pursue such cooperative
tive outcomes such as drought, flooding, and for deferred maintenance and capital im-
research agreements with an emphasis on lo-
harmful algal blooms. This center should be provement projects as requested including
cations where the Survey has pending
located near and work in collaboration with $176,000 for Field Communications Mod-
hydrological facilities as well as where there
at least one Water Resources Research Insti- ernization as requested.
are other Federal operational hydrologic re-
tute and collaborate with other relevant BUREAU OF OCEAN ENERGY MANAGEMENT
sources.
water institutes such as Sea Grant and the The agreement includes $100,080,000 for the OCEAN ENERGY MANAGEMENT
Northeastern States Research Cooperative. National Water Quality program which in- The bill provides $219,960,000 for the Ocean
The agreement provides $1,000,000 to the cludes $7,490,000 for harmful algal bloom re- Energy Management appropriation, which is
Survey, in cooperation with the Bureau of search. The agreement provides an increase partially offset through the collection of
Land Management, to increase its invest- of $500,000 to support PFAS substances re- rental receipts and cost recovery fees total-
ment in streamflow permanence modeling in search. The Survey is directed to consult ing $37,000,000, resulting in a net appropria-
the Pacific Northwest. with States and Tribes to determine priority tion of $182,960,000. Specific allocations at
Groundwater and Streamflow Information the activity level are contained in the table
mapping areas for PFAS contamination and
is funded at $114,558,000 which includes accompanying this explanatory statement.
to follow the direction in House Report 117–
$500,000 to maintain operational capacity The Bureau will follow the directives con-
400.
within the existing super-gage network Water Resources Research Institutes.—The tained in the explanatory statement accom-
along the Ohio River in basins containing agreement provides $15,500,000 including panying Public Law 117–103 related to Off-
unique geology, distinct soils, and a signifi- $1,500,000 for research on the control and shore Wind Site Identification, Regional Cit-
cant agricultural presence. The agreement management of aquatic invasive species in izen Advisory Councils, and Marine Minerals.
also includes $25,715,000 for Federal priority the Upper Mississippi River region and an in- Renewable Energy.—The bill provides
streamgages and $29,500,000 for the Next Gen- crease of $500,000 over the fiscal year 2022 en- $42,818,000 for renewable energy. The Bureau
eration Water Observing System (NGWOS). acted level for PFAS research as directed in is expected to collaborate with existing Re-
The Survey is encouraged to partner, where House Report 117–400. The remaining fiscal gional Ocean Partnerships to inform the
appropriate, with State and local govern- year 2023 increase over the fiscal year 2022 siting and development of wind energy areas.
ment officials and with the academic re- enacted level is to be directed toward annual Further, project boundaries will be drawn in
search community. Funding for NGWOS in- base grants (104b). partnership with a diversity of maritime
cludes the enacted level of $4,500,000 to con- Special Initiatives.—The agreement provides users and stakeholder groups, particularly
tinue work with universities and other part- an additional amount of $2,130,000 in congres- on the West Coast. The Bureau is directed to
ners to develop innovative water resource sionally directed spending for Special Initia- consider working groups or other mecha-
sensor technologies that are scalable to re- tives projects. Further detail on these nisms to ensure appropriate engagement oc-
gional and national monitoring networks. projects is located in the table titled ‘‘Inte- curs with local communities and stake-
The Survey is directed to deliver a report to rior and Environment Incorporation of Com- holders in the Pacific Northwest.
the Committees within 180 days of the enact- munity Project Funding Items/Congression- Conventional Energy.—The bill provides
ment of this Act on a plan for full national ally Directed Spending Items’’ accom- $61,487,000 for conventional energy.
implementation of the NGWOS. The agree- Geologic Carbon Sequestration.—The agree-
panying this explanatory statement.
ment provides $3,870,000 to support and main- Core Science Systems.—The agreement pro- ment includes not less than $2,000,000 for geo-
tain operational capacity of existing logic carbon sequestration on the Outer Con-
vides $284,607,000, which includes $30,480,000
streamgages on certain transboundary riv- tinental Shelf as authorized by the Infra-
for science, synthesis, analysis, and research
ers, including those at risk from mining pol- structure Investment and Jobs Act (Public
including an increase of $3,650,000 for super-
lution originating in Canada, including in Law 117–58; 43 U.S.C. 1337(p)(1)(E)). The Com-
computing associated with high-risk acceler-
the Kootenai watershed. This includes at mittees expect the Bureau to build and sup-
ated climate research and maintains the fis-
least $1,500,000 for implementation of the port necessary expertise using funds within
cal year 2022 enacted level of funding for Na-
baseline strategy for transboundary rivers, Environmental Programs and Conventional
tional Geologic and Geophysical Data Pres-
as outlined by the Survey’s Water Quality Energy. The Committees direct the Bureau
ervation which is supplemented by funding
Baseline Assessment for Transboundary Riv- to complete the necessary technical, safety,
provided in Public Law 117–58. The agree-
ers; $120,000 for the streamgage on the Unuk and environmental work expeditiously to
ment provides $44,556,000 for the National Co-
River; and an additional $750,000 above en- begin implementation and ensure long-term
operative Geologic Mapping of which the in-
acted levels for expanded water quality mon- secure storage while reducing the risk of en-
crease above fixed costs is outlined in House
itoring and analysis efforts in the Kootenai vironmental impacts. The Bureau is further
Report 117–400.
watershed to support interagency efforts to The National Geospatial program is funded directed to brief the Committees on this ef-
evaluate and reduce transboundary pollution at $93,650,000 including $500,000 for the 3D Na- fort within 60 days of enactment of this Act.
through the installation of new streamgages, Environmental Assessment.—The bill pro-
tional Topography Model; $42,905,000 for 3D
expanded analyses, and related activities. vides $82,373,000 for environmental assess-
Elevation Program (3DEP) providing an in-
The Survey is directed to continue to expand ment. Up to $5,000,000 is available for the Bu-
crease of $3,000,000 for Federal lands in west-
reau to partner with academia and state
its streamgage monitoring of transboundary ern states; $330,000 for geospatial work fo-
agencies to establish a Center for
watersheds and to work with the Environ- cused on Tribal lands; $1,900,000 for the
Paleoenvironmental Records of Extreme
mental Protection Agency to ensure the rel- United States Board of Geographic Names;
Events. The Bureau will provide the Com-
evant equipment is deployed to the Kootenai $1,350,000 for the National Digital Trails mittees with a spend plan detailing the es-
watershed to support the agency’s work to project; and an increase of $250,000 for tablishment of the center, its location, and
evaluate and reduce transboundary pollu- topoBuilder.
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associated costs within 90 days of enactment
tion. The direction is continued that the No less than $10,000,000 is provided for the
of this Act.
Survey enter into a formal partnership with Alaska mapping and map modernization ini-
local Tribes and other Federal agencies as tiative, which includes modernizing Alaskan Bureau of Safety and Environmental
necessary in the area to develop a water hydrography datasets. The direction con- Enforcement
quality strategy for the transboundary riv- tained in the joint explanatory statement OFFSHORE SAFETY AND ENVIRONMENTAL
ers. accompanying Public Law 117–103 regarding ENFORCEMENT
On-going monitoring of critical water Alaska mapping is continued. The bill provides $213,886,000 for the Off-
budget components in the Klamath Basin is The National Land Imaging program is shore Safety and Environmental Enforce-
critical to provide the information needed to funded at $115,921,000 which includes ment appropriation. This amount is partially
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S8652 CONGRESSIONAL RECORD — SENATE December 20, 2022
offset through the collection of rental re- Alaska Native housing mortgage assistance, Human Services.—The bill provides
ceipts, cost recovery fees and inspection fees tribal land trash assessment, and MMIW Ini- $166,985,000 for Human Services programs.
totaling $57,000,000, resulting in a net appro- tiative comprehensive review is restated. Ad- The Committees provide $54,934,000 for Social
priation of $156,886,000. Specific allocations ditional details, instructions, and require- Services (TPA), which includes an additional
at the activity level are contained in the ments are included below and in the table at $1,000,000 to expand the Tiwahe Initiative to
table accompanying this explanatory state- the end of this division. Indian Affairs is re- new sites, as noted above, and an additional
ment. minded of the importance of meeting report- $1,000,000 to implement the Indian Child Pro-
OIL SPILL RESEARCH
ing requirement deadlines so that the Com- tection and Family Violence Prevention Act
mittees can properly evaluate programs. (Public Law 101–630). For the Indian Child
The bill provides $15,099,000 for Oil Spill Failure to do so could negatively impact fu- Welfare Act program, $17,848,000 is provided,
Research. ture budgets.
Arctic Oil Spill Research.—The Bureau will which includes an additional $1,000,000 to ex-
Tiwahe.—The bill includes additional pand the Tiwahe Initiative to new sites, as
continue to follow the directive regarding funds, as noted below, under Human Services noted above, and an additional $500,000 is in-
Arctic Oil Spill Research contained in the to expand the Tiwahe Initiative to more cluded to implement section 202 of the Indian
explanatory statement accompanying Public Tribes for human services-related Tiwahe ac- Child Welfare Act (25 U.S.C. § 1932). The
Law 117–103. tivities. As part of the expansion, the Bureau agreement includes $12,219,000 for the Hous-
Office of Surface Mining Reclamation and may consider including Tribal consortiums ing Improvement Act. The Bureau is further
Enforcement as eligible entities. Further, the Committees directed to provide to the Committees with-
REGULATION AND TECHNOLOGY expect funding to existing Tiwahe pilot pro- in 120 days of enactment of this Act an anal-
grams to continue in the same amounts to ysis of Alaska Natives’ eligibility for both
The bill provides $121,026,000 for the Regu-
the same recipients, including funding to Housing Improvement Program mortgage as-
lation and Technology appropriation.
support women and children’s shelters. sistance grants and mortgages, as well as
ABANDONED MINE RECLAMATION FUND Tribal Government.—The agreement pro- any barriers to affording new, energy-effi-
The bill provides $168,904,000 for the Aban- vides $368,988,000 for Tribal Government pro-
cient homes in western Alaskan villages off-
doned Mine Reclamation Fund appropria- grams. The Committees encourage the Bu-
road system.
tion. Of the funds provided, $33,904,000 shall reau to provide technical assistance to the Trust—Natural Resources Management.—The
be derived from the Abandoned Mine Rec- maximum extent practicable to recently fed- bill provides $333,119,000 for Natural Re-
lamation Fund and $135,000,000 shall be de- erally recognized Tribes on how best to le- sources Management programs, which con-
rived from the General Fund. The Office is verage funding through existing programs. tinues funding at the fiscal year 2022 enacted
directed to work with States to determine Indian Affairs is directed to brief the Com- level for the Everglades. For Natural Re-
how reclamation grants may be used to ad- mittees on the status of pending requests by sources (TPA), the agreement provides
dress the long term abatement and treat- Alaska Natives seeking organization under $16,903,000, which includes an additional
ment of acid mine drainage. the Alaska amendment to the Indian Reorga- $1,000,000 for the Indian Youth Service Corps
Abandoned Mine Land Economic Revitaliza- nization Act and how Indian Affairs plans to and maintains funding for land acquisitions
tion (AMLER).—The bill provides a total of bring these pending cases to a resolution. for newly recognized or landless Tribes at
$135,000,000 for grants to States and federally The Committees have consistently in-
the authorized level. The Bureau is encour-
recognized Indian Tribes for the reclamation cluded funding and directives regarding the
aged to work with the committees of juris-
of abandoned mine lands in conjunction with Small and Needy Tribes supplement and con-
diction to evaluate whether a change in au-
economic and community development and tinue to be concerned about the overall ad-
thorization for land acquisition is warranted.
reuse goals. For fiscal year 2023, $88,042,000 ministration of this important program.
The agreement includes an additional
shall be divided equally between the three Within 60 days of enactment of this Act, the
$1,000,000 to replace the National Indian Irri-
Appalachian States with the largest un- Committees direct the Bureau to prepare a
gation Management System in Irrigation Op-
funded needs for the reclamation of Priority report for the current and prior two fiscal
erations and Maintenance programs for a
1 and Priority 2 sites as delineated in the years identifying which Tribes qualify for
total funding level of $15,269,000. The agree-
AML Inventory System; $35,218,000 shall be the small and needy supplement, explaining
ment provides $49,200,000 for Rights Protec-
divided equally between the next three Appa- in detail the methodology used to calculate
tion Implementation (RPI), which maintains
lachian States with the largest unfunded each Tribe’s revenue to determine eligibility
for the small and needy supplement (listing funding for law enforcement needs, oper-
needs for the reclamation of Priority 1 and ations and maintenance needs, and includes
Priority 2 sites as delineated in the AML In- the programs that are counted against the
cap), and provide a chart showing how those $1,300,000 for construction, all as required to
ventory System; and $11,740,000 shall be for implement the Columbia River In-Lieu and
grants to federally recognized Indian Tribes. calculations were made for each eligible
Tribe each year. Upon completion of the re- Treaty Fishing Access Sites Improvement
The Office is expected to continue to follow Act (Public Law 116–99). Within the general
the additional program direction provided in port, the Committees expect the Bureau to
post this data online for at least 60 days to program increase for RPI, the Committees
Senate Report 116–123. The Committees ex- expect funding to be distributed to all those
enable Tribes time to review it and confirm
pect the Office to increase its capacity and who receive distributions, including funding
the correct data is used before funds are dis-
expertise to improve collaboration with for tribes who must implement terms of the
tributed. Further, the Committees under-
States and Tribes and to process proposed Pacific Salmon Treaty.
stand the Bureau is undergoing
projects in a timely and transparent manner. Tribal consultation to determine if The bill provides $18,544,000 for Tribal Man-
The detailed allocation of funding by activ- changes should be made to the program and agement/Development programs (TMDP),
ity is included in the table accompanying directs the agency to notify the Committees which includes a general program increase of
this explanatory statement. within 30 days before adopting or finalizing $3,000,000 to be distributed to all the lines
INDIAN AFFAIRS any changes to the current formula. within the funding allocation table and an
BUREAU OF INDIAN AFFAIRS The agreement also includes $39,190,000 for additional $1,000,000 to implement Public
the Road Maintenance program, which con- Law 116–260 with respect to the return of the
OPERATION OF INDIAN PROGRAMS
tinues funding at fiscal year 2022 levels for National Bison Range to the Confederated
(INCLUDING TRANSFERS OF FUNDS) Salish and Kootenai Tribe as outlined in the
school bus roads and the NATIVE Act (Pub-
The bill provides $1,906,998,000 for Oper- lic Law 114–22). The Committees direct the budget request. The Committees are aware
ation of Indian Programs. All programs, Bureau to report back within 60 days of en- the Bureau entered into cooperative agree-
projects, and activities are maintained at actment of this Act on funds provided to im- ments with Ahtna Inter-Tribal Resource
fiscal year 2022 enacted levels, except fixed plement the NATIVE Act that have not been Commission and the Kuskokwim River Inter-
costs and internal transfers as recast, or un- utilized for roads along with a strategy out- Tribal Fisheries Commission and has initi-
less otherwise specified below. Additional in- lining how to meet the increased demand to ated similar agreements with other organiza-
creases are general program increases unless address tourism needs across Indian Coun- tions. Therefore, the Committees expect
otherwise specified. For this and all other try. The BIA Road Maintenance and Repair these pilot projects and programs to con-
Bureau accounts funded in this bill, Indian program faces significant backlogs with tinue, and the Bureau is expected to report
Affairs is expected to comply with the in- some roads in need of repair for decades, in- to the Committees within 60 days of enact-
structions and requirements at the begin- cluding BIA Routes 3, 7, 8, and 12, which re- ment of this Act on a distribution plan for
ning of this division and in House Report 117– quire re-graveling and improvements to ad- these funds. An additional $1,000,000 is in-
400, unless otherwise specified below. Lan- dress safety concerns. The Committees en- cluded for Endangered Species programs for
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guage contained in the explanatory state- courage BIA to fund these repair projects uses as proposed in the request for a total of
ment accompanying the Consolidated Appro- and make the necessary safety improve- $6,243,000.
priations Act, 2022 (Public Law 117–103) re- ments to the roads, within funding limita- For Tribal Climate Resilience, the agree-
garding Missing and Murdered Indigenous tions. Further, the Committees direct the ment provides $34,991,000, which includes an
Women (MMIW), advanced training for pub- Bureau to report on implementation of the additional $750,000 for Tribal climate adapta-
lic safety and justice training needs, Indian GAO–17–423 recommendations and provide an tion grants to be used by the Bureau to re-
Police Academy, the Tiwahe expansion plan, allocation and obligation plan for fiscal year port to the Committees within one year of
pre-fire detection technology, Osage Nation 2023 funding within 60 days of enactment of enactment of this Act information on the es-
records, law enforcement training needs, this Act. timated unmet need of coastal Tribes in the
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8653
lower 48 states that are facing relocation due requested. Funding for MMIW cold cases, Indian Tribes and Tribal organizations to
to climate impacts. An additional $1,500,000 background checks to hire more law enforce- provide native language instruction and im-
is provided for Tribal relocation grants, for ment officers, and law enforcement to imple- mersion programs to Native students not en-
which all Tribes shall be eligible, and $750,000 ment the Native American Graves Protec- rolled at BIE schools, including those Tribes
is to implement the Pathways Internship tion and Repatriation Act (NAGPRA) is con- and organizations in states without Bureau-
Program. The Committees remind the Bu- tinued at fiscal year 2022 enacted levels. The funded schools. Funding for Public Law 114–
reau that the Denali Commission was des- Committees remain concerned about theft, 22 is maintained at the fiscal year 2022 en-
ignated as the lead coordinating agency for looting, and trafficking of sacred objects and acted level, less a transfer of $1,176,000 to the
Alaska Native village relocation in 2015, and items of cultural patrimony, and note the Office of the Secretary to carry out the pro-
the Commission has been leading the efforts importance of enforcing NAGPRA and re- gram for Native Hawaiian Organizations.
since then. The Committees recommend the lated laws. The bill continues funding for Executive Direction and Administrative Serv-
Bureau work closely with the Commission to opioids grants and maintains flexibility for ices.—The bill includes $263,766,000 for Execu-
avoid duplication of work and to take advan- use of the funds against other illicit drugs. tive Direction and Administrative Services,
tage of the Commission’s expertise in the The Committees understand there are over of which: $19,409,000 is for Assistant Sec-
area when considering relocation grants. 30 Tribes, including some in Oregon, Wis- retary support, which maintains funding to
The bill provides $39,438,000 for Agriculture consin, and elsewhere, for which BIA is re- implement the PROGRESS Act, the Diver-
and Range programs, which includes an addi- sponsible for providing law enforcement sity and Inclusion program for BIA and OST,
tional $500,000 for the invasive species pro- services, but which are not receiving either and the Native boarding school initiative.
gram. For Forestry Programs, the agree- direct services or funding from BIA to pro- Within Administrative Services (Central),
ment provides $66,017,000, which provides a vide the services on their own. The agree- $74,000 is provided for fixed costs while no
$2,500,000 general program increase for For- ment includes $7,000,000 for law enforcement fixed costs are included for Administrative
estry Program (TPA) and an additional services for these Tribes. Within 30 days of Services (Regional). Within Human Capital
$1,000,000 in Forestry Projects for uses as re- enactment of this Act, the Committees di- Management, an additional $160,000 is pro-
quested. rect the Bureau to provide a report of all vided for uses as requested. The bill includes
For Water Resources programs, the agree- Tribes that meet this requirement and the $4,240,000 for Special Initiatives identified in
ment provides $18,426,000, which includes amount of additional funding required to the table titled ‘‘Interior and Environment
$500,000 to install water filtration systems, provide them parity in funding with other Incorporation of Community Project Fund-
an additional $1,500,000 general program in- Tribes. In addition, the Committees expect ing Items/Congressionally Directed Spending
crease for Water Resources (TPA), and an ad- the Bureau to consult with the Tribes re- Items’’ included at the end of this division.
ditional $500,000 for the Water Resources garding the allocation of funds and to submit
Technician training program in Water Man- INDIAN LAND CONSOLIDATION
a subsequent reprogramming request to allo-
agement, Planning and Pre-development. cate portions of the funding to other public The bill provides $8,000,000 for Indian Land
For Fish, Wildlife and Parks programs, the safety and justice functions as necessary. Consolidation. Within 30 days of enactment
agreement provides $23,699,000, which in- Within 90 days of enactment of this Act, of this Act, the Bureau is directed to submit
cludes a $2,000,000 general program increase the Bureau shall brief the Committees on the administrative expense estimates and per-
for Wildlife and Parks (TPA) and an addi- status of law enforcement vacancies in each formance metrics, including the proposed
tional $1,000,000 in Fish, Wildlife, and Parks Bureau region, as well as the number of law number of fractionated interests to be pur-
Projects for operation of fish hatcheries. As enforcement background checks pending as chased and acreage consolidated. Going for-
requested, the Committees rename the Min- of the date of enactment. ward, the Bureau is expected to include this
eral and Mining program to Energy and Min- The agreement includes $136,324,000 for De- data in the annual budget justification.
erals to encompass the full array of existing tention/Corrections, which maintains pre- CONTRACT SUPPORT COSTS
activities and provide an additional $1,000,000 viously provided increases for Indian Coun-
The bill provides an indefinite appropria-
for uses as outlined in the budget request. try detention facilities and background
tion for contract support costs, consistent
The Committees understand the investiga- checks, and includes the previously men-
with fiscal year 2022 and estimated to be
tion in the Chaco Canyon region of the tioned transfer because of the McGirt re-
$328,000,000 in fiscal year 2023.
Southwest is complete. Funding provided in programming. Due to reports of high num-
previous years for this purpose are bers of deaths in BIA-funded detention facili- PAYMENTS FOR TRIBAL LEASES
repurposed as a general program increase in ties, the Committees direct the Office of the The bill provides an indefinite appropria-
Resource Management Program Oversight. Inspector General (OIG) to follow-up on tion for payments under section 105(l) of the
Trust—Real Estate Services.—The bill pro- closed OIG recommendations to determine Indian Self-Determination and Education
vides $159,003,000 for Trust—Real Estate whether changes made by BIA in response to Assistance Act, consistent with fiscal year
Services, of which $500,000 within Trust Serv- prior recommendations are being imple- 2022 and estimated to be $30,000,000 in fiscal
ices (TPA) is to implement the Gila River In- mented correctly. As part of the review, the year 2023.
dian Community Federal Rights-of-Way, Committees expect the OIG to examine ap- CONSTRUCTION
Easements and Boundary Clarification Act propriations provided for Detention/Correc-
(Public Law 115–350), an additional $2,000,000 (INCLUDING TRANSFER OF FUNDS)
tions in prior years to determine how the
is to continue remediating open dumps and funds were spent and whether they were The bill provides $153,309,000 for Construc-
prepare for other environmental quality spent correctly. This review should begin no tion. All programs, projects, and activities
challenges, and an additional $1,000,000 is to later than 60 days after enactment of this are maintained at fiscal year 2022 levels, ex-
complete demolition and abatement of the Act. cept for fixed cost and transfers as recast, or
vacant BIA buildings at Shiprock as detailed The agreement includes $25,094,000 for Law unless otherwise specified below. Increases
in the budget request, both within Environ- Enforcement Special Initiatives, which con- are general program increases unless other-
mental Quality Projects. Funding is contin- tinues funding at enacted levels for the wise noted. Language contained in the ex-
ued at fiscal year 2022 enacted levels with MMIW Tribal Public Safety initiative, planatory statement accompanying the Con-
fixed costs for the Alaska Native Claims Set- Tiwahe recidivism initiative, equipment to solidated Appropriations Act, 2022 (Public
tlement Act historical places. An additional collect and preserve evidence at crime Law 117–103) regarding the San Carlos
$1,374,000 is included for additional realty scenes, and victim witness specialists. Apache Tribe’s public safety facilities is re-
staff as requested in Trust—Real Estate For Tribal Justice Support, $34,836,000 is stated.
Services Oversight. provided, which maintains $3,000,000 to im- Public Safety and Justice Construction.—The
Public Safety and Justice.—The bill provides plement and ensure compliance with the Vio- bill provides $51,561,000 for Public Safety and
$579,725,000 for Public Safety and Justice pro- lence Against Women Act and provides an Justice Construction programs and includes
grams. For Criminal Investigations and Po- additional $2,000,000 to address the needs of the following: $33,500,000 for facilities re-
lice Services, the agreement includes Tribes affected by Public Law 93–280 as out- placement and new construction; $4,744,000
$7,000,000 for Tribes not receiving law en- lined in the Senate Report 116–123. The for employee housing; $9,872,000 for facilities
forcement services or funding, as detailed agreement includes $71,770,000 for Tribal improvement and repair; $171,000 for fire
below. The agreement maintains $62,000,000 Courts (TPA), of which an additional safety coordination; and $3,274,000 for fire
to implement public safety changes resulting $1,000,000 is for operation and maintenance of protection.
from the McGirt v. Oklahoma Supreme courts, as requested. The Bureau is expected to distribute funds
Court decision, however funding is redistrib- Community and Economic Development.—The provided in this Act to expeditiously com-
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uted based on a reprogramming request by bill provides $31,172,000 for Community and plete construction of adult detention center
the Bureau after consultation with impacted Economic Development programs, which in- projects that were previously awarded. Re-
Tribes. As a result, the amount for Criminal cludes $13,759,000 for Job Placement and maining amounts should be considered avail-
Investigations and Police Services reflects a Training (TPA), $5,855,000 for Economic de- able for all public safety and justice facili-
$15,546,000 transfer to Detentions/Correc- velopment (TPA), of which an additional ties, consistent with previous direction. Di-
tions, and a $23,341,000 transfer to Tribal $500,000 is for business incubators; and rection is provided for the Bureau to: (1)
Courts (TPA). Further, funds provided in fis- $11,558,000 is for Community Development produce a plan on how to spend unobligated
cal year 2022 for bodyworn cameras is Central Oversight, of which an additional public safety and justice balances on facili-
repurposed as a general program increase, as $2,000,000 is for grants to federally recognized ties in poor condition; and (2) provide the
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S8654 CONGRESSIONAL RECORD — SENATE December 20, 2022
plan to the Committees within 120 days of mersion grants at BIE-funded schools. An ad- DEPARTMENTAL OFFICES
enactment of this Act. ditional $3,000,000 is provided in Early Child OFFICE OF THE SECRETARY
Resources Management Construction.—The and Family Development to increase support DEPARTMENTAL OPERATIONS
bill provides $75,213,000 for Resources Man- for existing early child and family develop- (INCLUDING TRANSFER OF FUNDS)
agement Construction programs. Within this ment programs and to expand to new pro-
amount, $28,716,000 is for irrigation project The bill provides $135,884,000 for the Office
grams.
construction, of which $10,000,000 is contin- of the Secretary, Departmental Operations
Post-Secondary Programs (forward funded).— appropriation. Specific allocations at the ac-
ued for projects authorized by the WIIN Act
Post-secondary programs (forward-funded) tivity level are contained in the table at the
(Public Law 114—322). The Committees ex-
are provided with $127,407,000, which includes back of this explanatory statement. Fixed
pect the funds designated for WIIN Act ac-
$2,000,000 for endowments at Tribal colleges costs are provided as requested. The bill pro-
tivities will be deposited into the Indian Irri-
gation Fund to fund those projects author- and universities. vides $1,176,000 for implementation of the
Johnson O’Malley.—The agreement provides NATIVE Act, equal to the enacted level, and
ized by Public Law 114—322. Further, the
$21,570,000 for Johnson O’Malley programs. In previously provided through the Bureau of
agreement includes $2,758,000 for engineering
Indian Affairs. The Committees recommend
and supervision; $1,016,000 for survey and de- prior years, the Committees included fund-
not less than $500,000 to carry out land as-
sign; $671,000 for Federal power compliance; ing for capacity building but for fiscal year
sessments, appraisals, surveys and other ac-
and $42,052,000 for dam safety and mainte- 2023, this funding is repurposed as a general
tivities in support of the Secretary’s respon-
nance, which includes an additional $1,000,000 program increase. Indian Affairs is expected
sibilities under the Hawaiian Home Lands
for dam maintenance. The Committees di- to comply with the reporting requirements
Recovery Act, including up to $200,000 to add
rect the Bureau to begin dam safety work ex- in House Report 117–400 as well as develop
capacity related to infrastructure programs.
peditiously and to provide a report to the recommended processes and timelines to en- Indian and Arts and Crafts Board [IACB].—
Committees on the number of reservation sure the JOM program operates effectively The bill includes not less than $1,806,000 for
dams in need of a safety review and hazard and efficiently and to submit a report to the the IACB, an increase of $125,000 to the re-
classification. Committees within 120 days from enactment quest to enhance support activities related
Other Program Construction.—The bill pro- of this Act on the progress being made to- to enforcement of the Indian Arts and Crafts
vides $26,535,000 for Other Program Construc- wards meeting GAO recommendations. Fur- Act.
tion. This amount provides $2,419,000 for tele- ther Indian Affairs is expected to include es- Plum Island.—The Committees express sup-
communications, which includes $1,000,000 timates of necessary appropriations levels to port for the permanent conservation of Plum
for the Interior-wide field communication provide per pupil funding levels equal to the Island for the protection in perpetuity of its
modernization project; $4,619,000 for facilities fiscal year 2018 level per pupil levels for all natural and cultural resources. The Commit-
and quarters, which includes an additional newly reported eligible students. tees request that the Department of the In-
$550,000 for fleet management infrastructure; terior, in conjunction with the Department
Education Management.—The agreement in-
and $19,497,000 for program management, and of Homeland Security (DHS) and the General
cludes $39,291,000 for Education Management,
an additional $74,000 to continue the project Services Administration, provide a briefing
which includes increases as requested for
at Fort Peck. to the Committees regarding the closure and
Education Program Management and an ad-
INDIAN LAND AND WATER CLAIM SETTLEMENTS ditional $4,000,000 for requested Education IT disposal process for the island’s permanent
AND MISCELLANEOUS PAYMENTS TO INDIANS uses. Within 90 days of enactment of this conservation, the possibility of interim eco-
The bill provides $825,000 for Indian Land Act, the Bureau is directed to provide a de- logical management, and options for perma-
and Water Claim Settlements and Miscella- tailed spend plan with timelines for the Edu- nent ownership of Plum Island, including
neous Payments to Indians. Additional de- cation IT funds. management of and partnerships with State,
tails are included in the bill language and in Federal, and Tribal entities, potential costs
the table at the end of this division. EDUCATION CONSTRUCTION for managing the island, the status and
schedule of cleanup and monitoring, and the
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT Education Construction.—The bill provides procedures for a subsequent owner to invoke
The bill provides $13,884,000 for the Indian $267,887,000 for schools and related facilities DHS’s responsibility to ensure that DHS’s
Guaranteed Loan Program Account to facili- within the BIE system. All programs, certification that its remedial actions on
tate business investments in Indian Country. projects, and activities are maintained at Plum Island protect human health and the
This includes a general program increase and fiscal year 2022 levels, except for requested environment remains valid.
funding to expand technical assistance, both fixed costs and internal transfers, or unless Zero Emission Vehicles [ZEV].—The bill in-
as requested. otherwise specified below. All increases are cludes funding within the Department’s bu-
BUREAU OF INDIAN EDUCATION general program increases unless otherwise reaus for the Department-wide initiative to
noted below. Language contained in the ex- begin installing, or securing access to, elec-
OPERATION OF INDIAN EDUCATION PROGRAMS
planatory statement accompanying the Con- tric charging and hydrogen fueling stations
Bureau of Indian Education.—The bill in- solidated Appropriations Act, 2021 (Public to support the ZEV transition and to replace
cludes $1,133,552,000 for Bureau of Indian Edu- Law 116–260) regarding Tribal college and vehicles at the end of their life cycle with
cation (BIE) Operation of Indian Education university operations, maintenance and in- ZEVs. The Committees appreciate the De-
Programs. All programs, projects, and activi- frastructure needs is restated. The agree- partment’s efforts to ensure that all new
ties are maintained at fiscal year 2022 en- ment includes the following: $116,504,000 for charging infrastructure provides universal
acted levels, except for fixed costs and inter- replacement school campus construction; access to all types of electric vehicles by uti-
nal transfers as recast, or unless otherwise $23,935,000 for replacement facility construc- lizing the U.S. standard level 2.
specified below. Increases are general pro- tion; $1,500,000 for replacement/new employee INSULAR AFFAIRS
gram increases unless otherwise specified. housing; $13,595,000 for employee housing re-
For this and all other Bureau accounts fund- ASSISTANCE TO TERRITORIES
pair; $96,353,000 for facilities improvement
ed in this bill, the Bureau is expected to The bill provides $120,357,000 for Assistance
and repair; and $16,000,000 for Tribal colleges
comply with the instructions and require- to Territories. The detailed allocation of
and universities’ facilities requirements.
ments at the beginning of this division and funding is included in the table at the end of
in House Report 117–400, unless otherwise OFFICE OF THE SPECIAL TRUSTEE FOR this explanatory statement.
specified below. Additional details, instruc- AMERICAN INDIANS Kwajalein Masterplan Implementation.—The
tions, and requirements follow below and in Office is directed to report to the Commit-
the table at the end of this division. Lan- FEDERAL TRUST PROGRAMS tees within 180 days of enactment of this Act
guage contained in the explanatory state- on implementation of activities the Depart-
(INCLUDING TRANSFER OF FUNDS)
ment accompanying the Consolidated Appro- ment is undertaking pursuant to the Kwaja-
priations Act, 2021 (Public Law 116–260) re- The agreement provides $111,272,000 for the lein Atoll Masterplan to address the special
garding displaying amounts required to com- Office of the Special Trustee for American needs of communities within Kwajalein
ply with Department of Defense Education Indians (OST) and rejects the proposed budg- Atoll.
Activity, collecting fixed cost information et structure for a new Bureau of Trust Funds COMPACT OF FREE ASSOCIATION
from Tribal colleges and universities, and Administration (BTFA) within the Office of The bill provides $8,463,000 for Compact of
Tribal colleges and universities operations, the Assistant Secretary-Indian Affairs. This Free Association, equal to the fiscal year
maintenance, and infrastructure needs is re- should not be construed as interfering with 2022 enacted level. A detailed table of fund-
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stated. the statutorily required sunset of OST. This ing allocations below the account level is
Elementary/Secondary Programs (forward amount includes fixed costs as recast and in- provided at the end of this explanatory
funded).—The bill includes $706,185,000 for El- ternal transfers to effectuate historical trust statement.
ementary/Secondary Programs. Tribal grant accounting. It does not include requested in- Compact of Free Association—Federal Serv-
support costs are fully funded. Within Edu- ternal transfers for new employees, nor are ices.—The Committees recommend $7,813,000
cation Program Enhancements, $2,153,000 is any funds included for these positions. The for Federal Services, equal to the enacted
included for teacher recruitment and reten- Committees await a requested Government level and the budget request. The Commit-
tion, as requested, and an additional Accountability Office report expected to be tees recognize the importance of the rela-
$2,000,000 is included for Native language im- completed in 2023. tionship between the United States and the
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8655
Republic of the Marshall Islands and pro- which is $10,000,000 above the enacted level. organizations for long-term care of wild
vides $5,000,000 as the fourth and final pay- S. Con. Res. 14 (117th Congress), the concur- horses and burros.
ment towards the $20,000,000 requested by the rent resolution on the budget for fiscal year Section 109 addresses the U.S. Fish and
Republic of the Marshall Islands in Sep- 2022 and section 1(g) of H. Res. 1151 (117th Wildlife Service’s responsibilities for mass
tember 2009 for Compensatory Adjustments, Congress), as engrossed in the House of Rep- marking of salmonid stocks.
as authorized in section 111(d) of the Com- resentatives on June 8, 2022, included a budg- Section 110 allows the Bureau of Indian Af-
pact of Free Association Act of 1986 (Public et cap adjustment for wildfire suppression fairs and Bureau of Indian Education to
Law 99–239; 99 Stat. 1799; 48 U.S.C. 1911) and costs and this additional funding is included more efficiently and effectively perform re-
section 108(b) of the Compact of Free Asso- for fiscal year 2023. imbursable work.
ciation Amendments Act of 2003 (Public Law CENTRAL HAZARDOUS MATERIALS FUND
Section 111 provides for the establishment
108–188; 117 Stat. 2755; 48 U.S.C. 1921g). The of a Department of the Interior Experienced
The bill provides $10,064,000 for the Central Services Program.
Compacts and related laws provided for an
Hazardous Materials Fund appropriation. Section 112 requires funds to be available
additional $40,000,000 available to the Freely
Associated States for compensatory adjust- ENERGY COMMUNITY REVITALIZATION PROGRAM for obligation and expenditure not later than
ments which, if not substantiated by a party (INCLUDING TRANSFERS OF FUNDS) 60 days after the date of enactment.
to the Compact to the fully authorized level The agreement provides $5,000,000 for the Section 113 provides the Secretary of the
within 15 years, could be applied to another Energy Community Revitalization Program. Interior the ability to transfer funds among
nation. The Committees direct the Office to The Department is expected to comply with and between the Bureau of Indian Affairs and
submit to Congress within 180 days of enact- the instructions in House Report 117–400. The the Bureau of Indian Education.
ment of this Act a plan to apply unsubstan- Section 114 provides funding for the Pay-
detailed allocation of funding is included in
tiated funds to eligible nations. The Com- ments in Lieu of Taxes (PILT) program.
the table at the end of this explanatory
mittees are encouraged by reports regarding Section 115 directs notification of any de-
statement.
progress towards renegotiation of expiring viation in procedure or equipment.
NATURAL RESOURCE DAMAGE ASSESSMENT AND Section 116 allows the National Park Serv-
Compacts of Free Association and directs the RESTORATION ice to convey lands for purposes of transpor-
Office to brief the Committees quarterly on
NATURAL RESOURCE DAMAGE ASSESSMENT FUND tation and recreation for a specific project.
the status of these negotiations.
The bill provides $8,037,000 for the Natural Section 117 authorizes Tribally controlled
OFFICE OF THE SOLICITOR schools access to interagency motor vehicles
Resource Damage Assessment Fund appro-
SALARIES AND EXPENSES
priation. Specific allocations at the activity in the same manner as if performing activi-
The bill provides $101,050,000 for the Sala- level are contained in the table at the end of ties under the Indian Self Determination and
ries and Expenses appropriation within the this explanatory statement. Education Assistance Act.
Office of the Solicitor. Specific allocations Section 118 addresses National Heritage
WORKING CAPITAL FUND Areas.
at the activity level are contained in the
table at the back of this explanatory state- The bill provides $112,198,000 for the Work- Section 119 provides the Secretary of the
ment. The Committees provide fixed costs ing Capital Fund appropriation. Interior with certain pay authority for the
and internal transfers, as requested. Remain- OFFICE OF NATURAL RESOURCES REVENUE Appraisal and Valuation Services Office.
ing funds may be used to fund necessary Section 120 addresses the issuance of rules
The bill provides $174,934,000 for the Nat-
costs required for office moves. To the extent for sage-grouse.
ural Resources Revenue appropriation.
funding is available, the Committees urge Section 121 authorizes the National Park
Distribution of GOMESA Revenues.—The Of-
the office to consider further increases to Service to retain up to 7 percent of State
fice is directed to distribute revenues from
staffing to address the department-wide Conservation Grants to provide matching
Gulf of Mexico operations in a manner con-
backlog of pending Freedom of Information grants to support state program administra-
sistent with current law, including the Gulf
Act (FOIA) requests.FOIA Office staff are di- tive costs.
of Mexico Energy Security Act (GOMESA) of
rected to brief the Committees semiannually Section 122 allows additional funding to be
2006 (Public Law 109–432), as amended.
on their efforts related to the backlog. provided for Lowell National Historical
GENERAL PROVISIONS, DEPARTMENT OF THE Park.
OFFICE OF INSPECTOR GENERAL INTERIOR Section 123 extends Visitor Experience Im-
SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) provement authority by two years.
The bill provides $67,000,000 for the Office The bill includes various legislative provi- Section 124 extends the authorization for
of Inspector General. sions affecting the Department in Title I of the Delaware Water Gap National Recreation
DEPARTMENT-WIDE PROGRAMS the bill, ‘‘General Provisions, Department of Area.
WILDLAND FIRE MANAGEMENT the Interior.’’ The provisions are: TITLE II—ENVIRONMENTAL
(INCLUDING TRANSFERS OF FUNDS) Section 101 provides Secretarial authority PROTECTION AGENCY
The bill provides $663,786,000 for Depart- for the intra-bureau transfer of program The agreement provides $10,135,433,000 for
ment of the Interior Wildland Fire Manage- funds for expenditures in cases of emer- the Environmental Protection Agency
ment. In total, the annual funding for fire gencies when all other emergency funds are (EPA). The Agency is expected to comply
suppression operations at the Department is exhausted. with the instructions and requirements at
$798,657,000, including $458,657,000 in emer- Section 102 provides for the Department- the beginning of this division and in House
gency funding and $340,000,000 in the Wildfire wide expenditure or transfer of funds by the Report 117–400, unless otherwise specified
Suppression Operations Reserve Fund. The Secretary in the event of actual or potential below. Additional details, instructions, and
bill also provides an additional $45,343,000 for emergencies including forest fires, range requirements follow below and in the table
preparedness in emergency supplemental fires, earthquakes, floods, volcanic erup- at the end of this division.
funding. The detailed allocation of funding tions, storms, oil spills, grasshopper and Congressional Budget Justification.—The
by activity is included in the table accom- Mormon cricket outbreaks, and surface mine Committees direct the Agency to include in
panying this explanatory statement. reclamation emergencies. future justifications the provisions included
Other Operations.—The bill provides Section 103 provides for the use of appro- in the joint explanatory statement accom-
$281,970,000 for other wildland fire manage- priated funds by the Secretary for contracts, panying Public Law 116–260.
ment operations. The Department will con- rental cars and aircraft, telephone expenses, Operating Plan.—Within 30 days of enact-
tinue to follow the directives included in the and other certain services. ment of this Act, the Agency is directed to
explanatory statement accompanying Public Section 104 provides for the expenditure or submit to the House and Senate Committees
Law 117–103 under the ‘‘Other Operations’’ transfer of funds from the Bureau of Indian on Appropriations its annual operating plan
heading. The Department must continue to Affairs and Bureau of Indian Education, and for fiscal year 2023. The operating plan shall
develop technologies to allow aerial suppres- the Office of the Special Trustee for Amer- adhere to the program area levels, and where
sion assets to safely operate in degraded vis- ican Indians, for Indian trust management applicable, the program project levels, speci-
ual environments, specifically wildfire and reform activities. fied within this explanatory statement. For
smoke, and should solicit external informa- Section 105 permits the redistribution of program project levels not otherwise speci-
tion to better understand industry capabili- Tribal priority allocation and Tribal base fied herein, the operating plan should detail
ties in this arena. The Department is di- funds to alleviate funding inequities. how the Agency plans to allocate funds at
rected to provide $4,500,000 to the Joint Fire Section 106 authorizes the acquisition of the program project level. Further, the budg-
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Science program for fiscal year 2023, which lands for the purpose of operating and main- ets of each major office should be itemized to
combined with funding in the Forest Service taining facilities that support visitors to indicate the source of funds for each major
provides $9,000,000 in total. Ellis, Governors, and Liberty Islands. office by program project level. Further, the
Section 107 continues Outer Continental Agency is directed to continue the long-
WILDFIRE SUPPRESSION OPERATIONS RESERVE
Shelf inspection fees to be collected by the standing practice of submitting quarterly
FUND
Secretary of the Interior. statement of balances reports, and the Agen-
(INCLUDING TRANSFERS OF FUNDS) Section 108 provides the Secretary of the cy is directed to display data separately for
The bill includes $340,000,000 for the Wild- Interior with authority to enter into multi- both the current fiscal year and the prior fis-
fire Suppression Operations Reserve Fund, year cooperative agreements with non-profit cal year.
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S8656 CONGRESSIONAL RECORD — SENATE December 20, 2022
Workforce and Staffing Plans.—The Com- corporation of Community Project Funding ties for a greenhouse gas monitoring and in-
mittees direct the Agency to adhere to the Items/Congressionally Directed Spending formation system that will integrate data
provisions included in the joint explanatory Items’’ accompanying this explanatory from a variety of sources. The goal of such a
statement accompanying Public Law 116–260. statement. system should be to make data more acces-
PFAS and Contaminants of Emerging Con- Research: Safe and Sustainable Water Re- sible and usable to Federal, State, Tribal,
cern.—The Committees encourage the Agen- sources.—Of the funds provided, up to and local governments, researchers, the pub-
cy to continue to take action on PFAS, in- $5,000,000 shall be used for grants under sec- lic, and other users. The Committees encour-
cluding addressing contamination, advanc- tion 2007 of America’s Water Infrastructure age the Agency to work with current and
ing clean up and treatment solutions, con- Act (P.L. 115–270). new partners to utilize commercial assets to
ducting research, and undertaking needed Additional Guidance.—The following addi- monitor emissions.
rulemaking actions. Within 60 days of enact- tional guidance is included: The Committees commend the Agency for
ment of this Act, the Agency is directed to Harmful Algal Blooms.—The agreement pro- its efforts through the AirNow Fire and
brief the Committees on planned fiscal year vides $6,000,000 and the Agency is directed to Smoke Map to better forecast and commu-
2023 PFAS-related actions and provide the follow the guidance in House Report 117–83 nicate the impact of wildfire smoke on com-
Committees with a spend plan that details and Senate Report 116–123. munities. The Committees are concerned
funding at the program project level. Integrated Risk Information System (IRIS) that air quality monitors are not currently
Combination of Separate Fiscal Year Grant program.—In lieu of the directive in House distributed equitably across impacted com-
Funding.—The Committees continue the di- Report 117–400 under the heading, ‘‘Maintain- munities. The Committees encourage the
rective contained in the joint explanatory ing IRIS Program Integrity,’’ the Agency is Agency to expand its support for wildfire
statement accompanying Public Law 116–260. directed to follow the guidance in the joint smoke monitoring, including improving in-
Changes to Grant Formulas or Allocations.— explanatory statement accompanying Public strumentation, technical assistance, and
The Committees are concerned that the Law 117–103. outreach, using the resources provided in
Agency has proposed changes to a categor- Landfill Emissions Research.—The Commit- this bill with a focus on traditionally under-
ical grant funding allocation without pro- tees encourage the Agency to prioritize ef- served or under-monitored communities. The
viding the Committees any notification. The forts to refine greenhouse gas and air pollut- bill includes an increase of $3,000,000 in ac-
Agency is directed to brief the Committees ant measurement. In particular, municipal cordance with the request for wildfire
before making any allocation or formula solid waste landfills continue to be a signifi- smoke-related activities.
change to a grant. cant source of greenhouse gas and hazardous The agreement provides a $1,000,000 in-
air pollutant emissions. The Committees di- crease to the fiscal year enacted level for the
SCIENCE AND TECHNOLOGY
rect that at least $2,000,000 be used by the Of- Agency’s wood stove certification and test-
For Science and Technology programs, the fice of Research and Development to support ing standards work. The Agency is directed
agreement provides $802,276,000. The bill research to quantify emissions of methane to use the additional $1,000,000 to increase its
transfers $31,607,000 from the Hazardous Sub- and hazardous air pollutants from landfills staffing and other required efforts to support
stance Superfund account to this account. using the most effective technologies, in- the wood stove certification and testing pro-
The agreement provides the following spe- cluding near-infrared imaging from satellites gram. The Agency is further directed to brief
cific funding levels and direction: as appropriate, and, during the times the the Committees within 60 days of enactment
Clean Air.—The Committees direct the emissions are measured, measurement of any of this Act on improvements the Agency
Agency to provide a briefing within 60 days quantity of methane captured by the landfill plans to make to the program and how it
of enactment of this Act on current and fu- gas collection system. will better communicate with State and
ture plans for the Clean Air Status and New Approach Methods.—The Agency is di- local stakeholders.
Trends Network, National Trends Network, rected to follow the guidance in the joint ex- Environmental Protection: National Prior-
and Ammonia Monitoring Network as well as planatory statement accompanying Public ities.—The agreement provides $30,700,000, an
funding requirements to keep the networks Law 117–103. increase of $5,000,000 above the enacted level,
active at their fiscal year 2021 levels, includ- Plastics.—The Committees support the for a competitive grant program for qualified
ing anticipated fixed cost increases. Agency’s research on plastics in water sup- non-profit organizations to provide technical
The Committees appreciate the work of plies, including microplastics, nanoplastics, assistance for improved water quality or safe
the Agency to advance the rule permitting and plastic pellets, and encourage the Agen- drinking water, adequate waste-water to
the production, transfer, and use of Renew- cy to characterize the risks to human and small systems, or individual private well
able Fuels Standard credits from renewable ecosystem health. owners. The Agency shall provide $26,000,000
electricity, also referred to as eRINS. The Science to Achieve Results (STAR) Grants.— for Grassroots Rural and Small Community
Committees urge the Agency to continue The agreement provides funds to continue Water Systems Assistance Act (Public Law
this rulemaking in a timely manner, includ- the STAR program and directs the Agency to 114–98), for activities specified under section
ing processing all pending pathway petitions. distribute grants consistent with fiscal year 1442(e) of the Safe Drinking Water Act (42
Research: Air and Energy.—Within available 2022. The Committees also direct that fund- U.S.C. 300j–1(e)(8)). The Agency is also di-
funds, the Committees continue funding for ing for Children’s Environmental Health and rected to provide $3,450,000 for grants to
the study under the heading ‘‘Partnership Disease Prevention be continued. The Com- qualified not-for-profit organizations for
Research’’ contained in the explanatory mittees support the efforts of the Agency to technical assistance for individual private
statement of Public Law 115–141. focus this funding on research related to well owners, with priority given to organiza-
Research: Chemical Safety for Sustain- early life stage, including prenatal, tions that currently provide technical and
ability.—Of the funds provided, $1,500,000 vulnerabilities to environmental stressors. educational assistance to individual private
shall be used to develop and demonstrate The Agency is directed to brief the Commit- well owners. The Agency is directed to pro-
nano-sensor technology with functionalized tees on the program within 60 days of enact- vide on a national and multi-State regional
catalysts that have potential to degrade se- ment of this Act. basis, $1,250,000 for grants to qualified orga-
lected contaminants in addition to detecting Water Security Test Bed.—Consistent with nizations for the sole purpose of providing
and monitoring pollutants. House Report 117–400 direction, the agree- on-site training and technical assistance for
Research: National Priorities.—The agree- ment provides up to $1,500,000 for advancing wastewater systems. The Agency shall re-
ment provides $30,751,000 for Research: Na- full scale applied research and testing capa- quire each grantee to provide a minimum 10
tional Priorities, including $9,500,000 for ex- bilities to address threats to drinking water percent match, including in-kind contribu-
tramural research grants, independent of the and associated infrastructure at Water Secu- tions. The Agency is directed to allocate
Science to Achieve Results (STAR) grant rity Test Bed facilities. funds to grantees within 180 days of enact-
program, as specified under this heading in Wildfire Smoke Research.—The Agency is di-
ment of this Act.
Public Law 116–260. rected to follow the guidance in the joint ex- Geographic Programs.—The agreement pro-
The Committees support the Agency’s ef- planatory statement accompanying Public vides $681,726,000 as described in the table at
fort to prioritize new federal research that Law 117–103. the end of this division, and includes the fol-
will help farmers, ranchers, and rural com- ENVIRONMENTAL PROGRAMS AND MANAGEMENT lowing direction:
munities manage PFAS impacts in agricul- For Environmental Programs and Manage- Great Lakes Restoration Initiative.—The
tural settings and communities and provide ment, the bill provides $3,286,330,000. The Agency shall continue to follow the direction
$8,000,000 to continue that work. The Agency agreement provides the following specific as provided in House Report 117–83 and Sen-
is directed to work with the U.S. Depart- funding levels and direction: ate Report 115—276 related to the Great
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ment of Agriculture to invest in agronomic Clean Air.—The Committees recognize the Lakes Restoration Initiative.
research to better understand PFAS uptake value of and continue to support the Chesapeake Bay.—From the total amount
into plants and animals to help reduce PFAS EnergySTAR program and other programs provided, at least $10,000,000 is for nutrient
exposure in our food supply and promote where EPA works collaboratively with non- and sediment removal grants, at least
farm viability. governmental entities to identify beneficial $10,000,000 is for small watershed grants to
The agreement provides $13,251,000 for Con- methods to reduce emissions, reduce pollu- control polluted runoff from urban, suburban
gressionally Directed Spending grants. Fur- tion, or increase efficiency. and agricultural lands, and at least $8,000,000
ther detail on the projects is located in the The agreement provides up to $3,000,000 for is for state-based implementation in the
table titled ‘‘Interior and Environment In- the Agency to study and prototype capabili- most effective basins.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8657
San Francisco Bay.—The Committees direct program as in fiscal year 2022. Additionally, ther, in the Administrative Provisions sec-
the Agency to undertake priority activities the Committees note the need to ensure ac- tion, the bill directs that $2,500,000 in com-
within the San Francisco Bay estuary Com- cess to the U.S. primary radon reference and petitive grants be made available for addi-
prehensive Conservation and Management calibration program by states and industry tional projects.
Plan approved under section 320 of the Clean as the national benchmark for radon meas- Ensure Safe Water.—The agreement pro-
Water Act. urement devices and encourages the Agency vides funding to support monitoring for un-
Puget Sound.—The Agency is directed to to support efforts by states and the Centers regulated contaminants under Section
follow the guidance in House Report 117–83. for Disease Control to collect and dissemi- 1445(a)(2)(C) of the Safe Drinking Water Act
Long Island Sound.—The Agency is directed nate available radon test data. and the Committees direct the Agency to
to follow the guidance in House Report 117– Information Exchange/Outreach.—Environ- brief the Committees on the Agency’s imple-
83. mental Education is funded at not less than mentation plan within 180 days of the enact-
South Florida.—Within the funds provided, $9,500,000. The Committees are concerned ment of this Act.
the Committees recommend at least that the smart skin cancer education pro- The Committees encourage the swift com-
$2,000,000 to monitor coral health in South gram has recently received insufficient at- pletion of the 2022 Drinking Water Infra-
Florida; $1,150,000 to enhance water quality tention from the Agency; therefore, the structure Needs Survey Assessment, in par-
and seagrass monitoring in the Agency is directed to use Environmental ticular the assessment of the costs of replac-
Caloosahatchee Estuary and Indian River Education funds for the smart skin cancer ing all lead service lines.
Lagoon, especially with respect to assessing education program, similar to prior years. The agreement provides an additional
the impact of Lake Okeechobee discharges Resource Conservation and Recovery Act $3,000,000 for the Agency to implement the
and harmful algal blooms; $1,150,000 to en- (RCRA).—Of the funds provided under this needs assessment for nationwide rural and
hance water quality and seagrass monitoring program area, $9,000,000 is for implementa- urban low-income community water assist-
in Florida Bay and Biscayne Bay, especially tion of a Federal permit program for coal ance authorized in section 50108 of the Infra-
with respect to assessing the impact of Ever- combustion residuals in non-participating structure Investment and Jobs Act (Public
glades Restoration projects and harmful states, as authorized under section Law 117–58).
algal blooms; and $1,000,000 for the expansion 4005(d)(2)(B) of the Solid Waste Disposal Act To the extent there are eligible permit and
of the water quality and ecosystem health (42 U.S.C. 6945(d)(2)(B)), or to provide tech- primacy applications for review, the agree-
monitoring and prediction network which nical assistance to states establishing their ment provides $5,000,000 for the Agency’s
will use vetted, modern procedures for long- own permitting program under section continued work within the Underground In-
term monitoring of Florida waters, including jection Control program related to Class VI
4005(d) of the Solid Waste Disposal Act (42
wells for geologic sequestration to help de-
Molecular, Algal, Ocean Floor, and U.S.C. 6945(d)).
The Committees appreciate the Agency’s velop expertise and capacity at the Agency.
Seagrasses.
Gulf of Mexico.—The Committees note that work to develop a national strategy to re- In addition, the agreement provides $1,200,000
hypoxia continues to be a growing cause for duce plastic and other waste in waterways to support Class VI regulator education and
concern. The Committees direct the Agency and oceans. The Committees direct the training programs in conjunction with
to coordinate with the Department of Agri- Agency to provide an update within 90 days States, or other eligible entities such as an
culture, the Gulf States, and other State, of enactment of this Act on the National association of States. The Committees direct
the Agency to brief the Committees within
local, and private partners to leverage great- Academy of Sciences study, funded in Public
120 days of enactment of this Act on efforts
er resources toward conservation projects on Law 117–103, of the costs of recycling pro-
to enhance permitting tools, public engage-
working-lands within the Gulf Region and grams to State, Tribal, local and municipal
ment, and outreach and on current and an-
Mississippi River Basin. The Agency is di- governments (including recycling fees paid
ticipated Full-Time Employee levels within
rected to distribute funds in the same man- directly by residents) and related policy rec-
the UIC program working on Class VI per-
ner as fiscal year 2022. ommendations. The Agency is directed to
Lake Champlain.—These funds shall be allo- mitting.
follow the guidance regarding improving The agreement provides an increase of
cated through the Lake Champlain Basin markets for recycled materials included in $5,300,000 to support administration, manage-
Program, other than $8,000,000 which shall be the joint explanatory statement accom- ment, and oversight of water infrastructure
directed to support significant, impactful panying Public Law 117–103. grants.
projects identified in the State implementa- Alaska Contaminated Sites.—The Commit- Ensure Clean Water.—The Agency is di-
tion plan that will make measurable tees recognize the injustice done to Alaska rected to follow the guidance regarding in-
progress towards meeting the phosphorus re- Natives when in return for settling their ab- frastructure solutions in the joint explana-
duction targets of the EPA’s 2016 Phosphorus original rights to land under the Alaska Na- tory statement accompanying Public Law
Total Maximum Daily Load Plan for Lake tive Claims Settlement Act, the Federal 117–103.
Champlain. Government conveyed to them thousands of The Committees support the Agency’s on-
Southern New England Estuaries.—The contaminated sites which to-date largely re- going activities related to integrated plan-
Agency is directed to follow the guidance in main contaminated because of Federal inac- ning, which will be increasingly necessary as
House Report 117–83. tion. This enduring environmental injustice States and communities work to meet their
Lake Pontchartrain.—The Lake Pont- poses a significant threat to human health myriad clean water obligations while keep-
chartrain Restoration Program has been ad- and the environment, including to drinking ing rates affordable for water ratepayers.
ministered through the active participation water sources, homes, schools, and more. The agreement provides up to $2,000,000 for
of stakeholders within the sixteen-parish The agreement provides $20,000,000 for the in- integrated planning activities consistent
basin since the program’s inception and the ventory, verification, assessment, and reme- with Section 402(s) of the Federal Water Pol-
Committees expects local stakeholder con- diation of these contaminated sites, as well lution Control Act (33 U.S.C. 1342(s)).
sensus to continue to play an integral role in as related community outreach and involve- The Committees support the WaterSense
the approval of recommended projects. The ment. The Committees recognize that nei- program and appreciate the Agency’s work
Committees are concerned regarding changes ther the State of Alaska nor the Agency are to advance water recycling through the Na-
the Agency is proposing to the program in responsible for the contamination. The Com- tional Water Reuse Action Plan (WRAP).
light of Public Law 117–58. The Agency is di- mittees thank Agency leadership for its re- The Committees note the establishment of
rected to brief the Committees within 60 cent attention and work on this issue and the Water Reuse Interagency Working Group
days of enactment of this Act on these po- look forward to continuing their close work- in May of this year and encourage the work-
tential changes. ing relationship with the Agency in finding ing group to analyze the public benefit of a
Great Lakes and Lake Champlain Invasive solutions to this longstanding environmental Federal investment tax incentive that will
Species Program.—The Committees appreciate injustice. encourage and leverage private investment
the ongoing research to combat aquatic nui- Toxics Risk Review and Prevention.—The in water reuse and recycling infrastructure.
sance species transported by commercial Agency is directed to follow the guidance re- The agreement provides an increase of
shipping and ballast water operations in garding the Service Fees Rule included in $8,000,000 to support administration, manage-
order to implement the Great Lakes and the joint explanatory statement accom- ment, and oversight of water infrastructure
Lake Champlain Invasive Species Program panying Public Law 117–103. grants.
as authorized by the Vessel Incident Dis- The Committees support the Safer Choice Additional Guidance.—The following addi-
charge Act (Public Law 115–282). The Com- program and direct that the program be tional guidance is included:
mittees direct the Agency to use funds from funded at no lower than the enacted level Administrator Priorities.—The Agency is di-
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the appropriate Geographic Program to build and operated consistent with prior years. rected to submit a report within 90 days of
on these implementation efforts to reduce Ensure Clean Water: National Estuary Pro- enactment of this Act that identifies how
the risk of introduction of invasive species gram/Coastal Waterways.—The agreement pro- any fiscal year 2020, 2021, and 2022 funding
into the Great Lakes and Lake Champlain. vides $40,000,000 for National Estuary Pro- was used, by account, program area, and pro-
The Agency is directed to include details of gram (NEP) grants as authorized by section gram project. Each activity funded should
these amounts as part of the Agency’s oper- 320 of the Clean Water Act, and other activi- include a justification for the effort and any
ating plan. ties. This amount is sufficient to provide anticipated results.
Indoor Air and Radiation.—The Agency is each of the 28 national estuaries in the pro- Biointermediates.—The Committees appre-
directed to continue to operate the Radon gram with a grant of at least $850,000. Fur- ciate the work of the Agency to finalize the
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S8658 CONGRESSIONAL RECORD — SENATE December 20, 2022
rule permitting the production, transfer, and gress as consistent with past practice and re- statement accompanying Public Law 117–103.
use of biointermediates. The Agency is di- quired by Public Law 117–103. The Office is The Committees encourage further commu-
rected to brief the Committees within 90 reminded of the Committees’ reprogramming nity engagement as EPA monitors and tests
days of enactment of this Act on its imple- rules and guidelines outlined in the front manganese contaminated sites in Chicago as
mentation efforts. matter of this report. well as continued EPA assistance to assess
Chemical Reviews.—To help ensure that un- The Office of Inspector General is directed and safely clean up affected areas.
reasonable risks from chemicals are ad- to provide a quarterly report that includes Oak Ridge Reservation Cleanup.—The Com-
dressed in a timely manner, the Committees all activities and expenditures related to its mittees note the Agency’s work and agree-
encourage the Office of Chemical Safety and work on the Infrastructure Investment and ment with the Department of Energy and
Pollution Prevention to develop improved Jobs Act, including any travel or conference State of Tennessee to remediate the legacy
outreach and guidance so that submitters expenditures. The report shall include a de- waste at the Oak Ridge Reservation. The
understand information needs, processes, and scription of the activity, budget authority Committees further note the time-sensitive
requirements prior to and during submission allocated for that activity, obligations, and need for approval of a final Record of Deci-
of pre-manufacturing notices. In addition, outlays. It shall also include the number of sion on a future CERCLA disposal facility.
the Committees urge the Agency, as re- full-time equivalents assigned to each activ- The Agency is encouraged to execute all ac-
sources allow, to enhance existing submitter ity. The Office is reminded of its duty to tions under its regulatory responsibility re-
engagement procedures to facilitate timely properly account for these funds, to make quired for a final Record of Decision ap-
communication and resolution of any issues sure that they are not comingled with its an- proval in a timely fashion.
that may arise during the review period nual appropriated dollars, and to ensure that Polychlorinated Byphenyls (PCB) Contamina-
while continuing to protect public health. its work returns value to stakeholders, tax- tion.—The Agency is directed to follow the
Community Air Quality Monitoring.—The payers, and others. The first report is due guidance in Senate Report 116–123. The Com-
Agency is directed to follow the guidance in within 90 days of enactment of this Act. mittees also direct the Agency to move expe-
the joint explanatory statement accom- BUILDINGS AND FACILITIES
ditiously through the final portions of the
panying Public Law 117–103. Shaffer Equipment/Arbuckle Creek site risk
Environmentally Preferable Purchasing Pro- The bill provides $48,752,000 for Buildings assessment and remedial action plans and
gram.—The Committees support the work and Facilities. begin helping residents address this contami-
that the Agency has done to improve the sus- HAZARDOUS SUBSTANCE SUPERFUND nation as quickly as possible.
tainable marketplace through the Environ- (INCLUDING TRANSFERS OF FUNDS) Tribal Guidance.—The Agency is directed to
mentally Preferable Purchasing Program, follow the guidance in Senate Report 116–123.
The bill provides $1,282,700,000 for the Haz-
which uses purchasing power to help cata- ardous Substance Superfund account and in- LEAKING UNDERGROUND STORAGE TANK TRUST
lyze sustainable products innovation. The cludes bill language to transfer $11,800,000 to FUND PROGRAM
Committees recommend that as the Agency the Office of Inspector General account and The bill provides $93,205,000 for the Leaking
continues to expand the Recommendations $31,607,000 to the Science and Technology ac- Underground Storage Tank Trust Fund Pro-
of Specifications, Standards and Ecolabels count. The agreement provides the following gram.
for Federal Purchasing, the Agency should additional direction: Additional Guidance.—The following addi-
examine ways to reduce plastic and other Research: Chemical Safety and Sustain- tional guidance is included:
waste. ability.—The agreement provides $12,961,000 Tribal Consultation.—The Agency is di-
Output-Based Regulations.—The Agency is for Research: Chemical Safety and Sustain- rected to follow the guidance in Senate Re-
directed to follow the guidance included in ability. The Agency is directed to include port 116–123.
the joint explanatory statement accom- these funds as part of the transfer to the INLAND OIL SPILL PROGRAMS
panying Public Law 117–103. Science and Technology account. The bill provides $22,072,000 for Inland Oil
Outreach to Farm Workers.—The Commit- Research: Sustainable and Healthy Commu- Spill Programs.
tees direct the Agency to extend its Spanish- nities.—The agreement provides $16,937,000 STATE AND TRIBAL ASSISTANCE GRANTS
language outreach program educating farm- for Research: Sustainable and Healthy Com-
workers and pesticide handlers about im- (INCLUDING RESCISSION OF FUNDS)
munities. The Agency is directed to include
proving workers safety when applying pes- The bill provides $4,480,428,000 for the State
these funds as part of the transfer to the
ticides in agriculture operations through and Tribal Assistance Grants program and
Science and Technology account.
radio and other media. The Committees note includes the following specific funding levels
Superfund Cleanup.—Within available funds
support from outside parties of the radio and direction:
for Superfund Remedial, the agreement in- Community Project Funding Items/Congres-
outreach effort as having materially im- cludes $3,856,000 as requested to replace and
proved farm workers’ knowledge and ability sionally Directed Spending Items.—From with-
upgrade aging analytical equipment and in funds provided for capitalization grants
to reduce exposure risks for themselves and modernize associated IT infrastructure
their families, and that research indicates for the Clean Water State Revolving Fund
across regional offices and in regional EPA and the Drinking Water State Revolving
the importance of message repetition over laboratories that provide sound, legally de-
an extended period. The Committees encour- Fund, the Committees recommend
fensible scientific data to support decisions $863,108,642 from the Clean Water SRF and
age the Agency to continue its Spanish-lan- by EPA’s Superfund Remedial Program.
guage outreach program educating farm $609,255,899 from the Drinking Water SRF be
Additional Guidance.—The following addi- for Community Project Funding/Congres-
workers and pesticide handlers about im- tional guidance is included:
proving workers safety when applying pes- sionally Directed Spending grants for the
Adaptive Management.—The Agency is di- construction of drinking water, waste-water,
ticides in agriculture operations through rected to follow the guidance regarding
media such as radio. and storm-water infrastructure and for
Adaptive Management Guidance in the joint water quality protection. The Agency is di-
Pre-Commercial Thinning.—The Agency is explanatory statement accompanying Public
directed to follow the guidance included in rected to follow the guidance in the joint ex-
Law 117–103. The Committees also encourage planatory statement accompanying Public
the joint explanatory statement accom- the Agency to create an implementation
panying Public Law 117–103. Law 117–103.
plan, which aims to educate the Regions as Of the unobligated balances available prior
Small Refinery Relief.—The Agency is di- well as stakeholders regarding the proper use
rected to follow the guidance in the joint ex- to fiscal year 2012 for ‘‘special project
and consistent application of the Guidance. grants’’ or ‘‘special needs infrastructure
planatory statement accompanying Public Bubbly Creek, Illinois.—The Committees di-
Law 117–103. grants,’’ or for the administration, manage-
rect the Agency to brief the Committees on ment, and oversight of such grants,
Transboundary Watersheds.—The Agency is
what current EPA authorities and programs $13,300,000 are permanently rescinded.
directed to follow the guidance in the joint
exist to advance the restoration of urban riv- The Committees remind the Agency of the
explanatory statement accompanying Public
ers and environmental justice areas that importance of Community Project Funding/
Law 117–103.
have historic contamination but that do not Congressionally Directed Spending projects
OFFICE OF INSPECTOR GENERAL meet the levels needed to be considered to hundreds of communities across the coun-
The bill provides $44,030,000 for the Office Superfund sites. The Committees remain try. The Agency should prioritize the proper
of Inspector General. The bill transfers concerned about the lack of progress on the oversight and execution of these dollars.
$11,800,000 from the Hazardous Substance restoration of the South Fork of the South Infrastructure Assistance.—The Agency is
Superfund account to this account. Branch of the Chicago River known as ‘‘Bub- directed to follow the guidance regarding
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The Committees remind the Office of In- bly Creek’’ and encourage the Agency to use certified operators in the joint explanatory
spector General of its stated core values of its existing authorities and programs to ad- statement accompanying Public Law 117–103.
customer service, integrity, and account- vance the project. Brownfields Program.—The agreement di-
ability, including a commitment to trans- Contaminants of Emerging Concern.—The rects the Agency to follow the guidance in
parent processes and compliance with laws, Agency is directed to follow the guidance in House Report 117–400.
regulations, policies, and sound business the joint explanatory statement accom- Diesel Emission Reductions Grants (DERA).—
practices. The Committees remain concerned panying Public Law 117–103. The Committees support the use of DERA
that the Office undertook a significant reor- Manganese.—The Agency is directed to fol- funding in transportation electrification
ganization without prior notification to Con- low the guidance in the joint explanatory projects.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8659
Targeted Airshed Grants.—The Agency is di- clear through guidance or other means that, are aware of available jobs and should use
rected to follow the guidance in the joint ex- where eligible, funding may be used for such contracting mechanisms that focus on local
planatory statement accompanying Public innovative technologies and that the Agency hiring, such as stewardship contracts, pref-
Law 117–103. encourages applicants to State Revolving erential treatment for businesses that hire
Wildfire Smoke Preparedness.—The Agency Fund programs to utilize technology to opti- locally as authorized in this bill, and utiliza-
is directed to follow the guidance in the joint mize water delivery performance, reduce en- tion of graduates of Forest Service Job Corps
explanatory statement accompanying Public ergy consumption, and limit water waste in Civilian Conservation Centers. The Service
Law 117–103. distribution systems. must also work with the Department of
New Grant Programs.—The agreement pro- Use of Iron and Steel.—The bill includes lan- Labor to ensure that contractors are in com-
vides $16,000,000 for new infrastructure as- guage in title IV general provisions that pliance with the law and regulations for tem-
sistance grant programs including the stipulates requirements for the use of iron porary non-agricultural visas.
Midsize and Large Drinking Water System and steel in State Revolving Fund projects, Forest and Grassland Collaboratives.—In lieu
Infrastructure Resilience and Sustainability and the agreement includes only the fol- of the House direction on Forest
program, the Indian Reservation Drinking lowing guidance: the Committees acknowl- Collaboratives, the Committees have in-
Water Program, Stormwater Infrastructure edge that the Agency may issue a waiver of cluded bill language that gives the Service
Technology, and Enhanced Aquifer Use and said requirements for de minimis amounts of authority to better support local organiza-
Recharge. Funding is listed by account in iron and steel building materials. The Com- tions’ capacity to collaborate on projects
the table accompanying this explanatory mittees emphasize that any coating proc- that benefit the National Forest System and
statement. esses that are applied to the external surface provide up to $2,000,000 for these activities.
Categorical Grants.—The agreement pro- of iron and steel components that otherwise The Service should partner with Tribes to
vides $1,160,625,000 for Categorical Grants. qualify under the procurement preference prioritize recovery on lands impacted by
Funding levels are specified in the table at shall not render such products ineligible for wildfire.
the end of this division. the procurement preference regardless of FOREST SERVICE OPERATIONS
Categorical Grant: Resource Recovery and where the coating processes occur, provided (INCLUDING TRANSFERS OF FUNDS)
Hazardous Waste Grants.—The bill includes a that final assembly of the products occurs in
provision to spend categorical grant funds The bill provides $1,152,744,000 for Forest
the United States. Service Operations. The detailed allocation
for the purpose of providing grants to assist
WATER INFRASTRUCTURE FINANCE AND of funding by activity is included in the
States in the development and implementa-
INNOVATION PROGRAM ACCOUNT table accompanying this explanatory state-
tion of state programs for the control of coal
combustion residuals under section 2301 of The agreement provides a total of ment.
the Water and Waste Act of 2016 (Public Law $75,640,000 for the Water Infrastructure Fi- FOREST AND RANGELAND RESEARCH
114–322), and the Agency is directed to allo- nance and Innovation Act (WIFIA) program. The bill provides $307,273,000 for Forest and
cate $4,000,000 from the Hazardous Waste Fi- ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL Rangeland Research. The Committees sup-
nancial Assistance categorical grants pro- PROTECTION AGENCY port the current structure consisting of the
gram project for this purpose. The Commit- (INCLUDING TRANSFERS OF FUNDS) five regional research stations, the Inter-
tees note that funds awarded under the au- The bill continues several administrative national Institute of Tropical Forestry, and
thority provided by this Act are not subject provisions from previous years. the Forest Products Laboratory, and direct
to section 3011 of the Solid Waste Disposal The bill increases the cost ceiling per that each of the existing facilities and pro-
Act (Public Law 89–272). project to $300,000 for the construction, alter- grams be funded at least at the enacted
Categorical Grant: Public Water System Su- level. The detailed allocation of funding by
ation, repair, rehabilitation, and renovation
pervision.—Of the funds provided, $12,000,000 activity is included in the table accom-
of facilities.
is to further support States, Territories, and panying this explanatory statement.
The bill directs the availability of not less
Tribes in addressing PFAS and other con- Funding Directives.—The agreement pro-
than $2,500,000 of funds for the National Estu-
taminants of emerging concern as they carry vides for the following research priorities,
ary Program for competitive grants.
out their Public Water System Supervision The bill provides for the Office of Chemical for which funding of geographically-based
programs. Safety and Pollution Prevention and the Of- items is in addition to funds otherwise pro-
Categorical Grant: State and Local Air Qual- vided to individual research units and there-
fice of Water in fiscal year 2023 to use up to
ity Management.—The Agency is directed to fore is not to be factored into base alloca-
$2,000,000 to hire students and recent grad-
allocate funds for this program using the tions:
uates as contractors on a temporary or
same formula as fiscal year 2015. Should the —$4,500,000 to the Joint Fire Science pro-
intermittent basis.
Agency seek to change the formula, it should gram, which combined with funding in the
submit a proposal in its fiscal year 2024 budg- TITLE III—RELATED AGENCIES Department of Interior provides $9,000,000 in
et justification for consideration by the DEPARTMENT OF AGRICULTURE total.
Committees. OFFICE OF THE UNDER SECRETARY FOR —$2,000,000 for collaborative research to de-
Categorical Grant: Tribal General Assistance NATURAL RESOURCES AND ENVIRONMENT termine the quantity and spatial distribu-
Program.—For fiscal year 2023, the Agency is tion of forest biomass and carbon at multiple
The bill provides $1,000,000 for the Office of
directed to allocate funds for this program spatial scales and analyze the financial im-
the Under Secretary for Natural Resources
using the same formula as fiscal year 2022. pact of this determination to provide forest
Additional Guidance.—The following addi- and Environment.
carbon program participants with greater
tional guidance is included: FOREST SERVICE opportunities for income generation.
Innovative Technologies for Water Infrastruc- The agreement maintains funding for the —$3,000,000 to conduct collaborative re-
ture.—The Committees are aware that cap- activities delineated in House Report 117–83, search to determine the distribution and
ital investment in innovative technologies, unless otherwise specified herein, which the movement of needle pathogens, understand
including but not limited to, distribution Service will fund with the appropriate com- the disease cycle and the environmental fac-
network leak detection, pressure moni- bination of salaries and expenses and pro- tors that drive the emergence and distribu-
toring, water chemistry, sanitary and com- grammatic funds within each appropriations tion of the needle pathogens, and determine
bined sewer monitoring, enhanced nutrient account. if the appearance is due to more aggressive
removal, and membrane treatment during Sudden Oak Death.—Within funds provided, strains of the pathogens and the origins of
upgrades to water and wastewater systems, the bill provides $2,000,000 for Sudden Oak the pathogens.
is essential to optimize water delivery per- Death treatments and partnerships with —$5,000,000 to support the Northeastern
formance, reduce energy usage, limit water States and private landowners. States Research Cooperative, a collaboration
waste in distribution systems, protect public Transfers within Appropriations.—The Serv- among universities in Maine, New Hamp-
health, and enhance the modeling and oper- ice is directed to include a list of approved shire, New York, and Vermont, sponsoring
ation of sewer collection networks and administrative transfers for the previous fis- research to sustain the health of northern
wastewater treatment facilities. Such tech- cal year, including those made between ac- forest ecosystems and communities, develop
nologies will help to improve operations, counts affected by budget restructuring and new forest products and improve forest bio-
maintenance, and capital expenditures in for hazardous fuels mitigation, in the annual diversity management. Of this amount,
planning and budgeting and increase spatial budget submission. $4,000,000 shall be provided directly to the
and temporal monitoring data available on 21st Century Conservation Service Corps and Cooperative within 90 days of enactment of
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U.S. water quality and quantity. The Com- Job Corps.—The Service is directed to con- this Act, and $1,000,000 shall be directed to
mittees also are aware that these tech- tinue to expand advance wildfire training of- Service research projects identified as pri-
nologies may be funded by both the Drinking ferings at Job Corps Civilian Conservation ority needs by an advisory committee of
Water and Clean Water State Revolving Centers and to brief the Committees within community, business, and industry leaders
Funds, as well as various other water infra- 90 days of enactment of this Act on barriers in the region. None of these funds shall be
structure grant programs, and may be fund- to expanding these offerings. factored into the base allocation of the
ed separately or as part of an overall project Local Hiring and Workforce.—The Service Northern Research Station.
to upgrade water infrastructure. As such, the must work with state workforce develop- —$2,000,000 for research on forest-based cel-
Committees direct the Agency to make it ment offices to ensure that local residents lulose nanomaterials, including material
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S8660 CONGRESSIONAL RECORD — SENATE December 20, 2022
forms, manufacturing processes, and tech- The Committees intend that this clarifica- CAPITAL IMPROVEMENT AND MAINTENANCE
nology transfer. tion, in addition to the projects’ funding (INCLUDING TRANSFER OF FUNDS)
—$2,000,000 to support new and existing coming from a separate line within State The bill provides $158,048,000 for Capital
academic partnerships to further explore the and Private Forestry, should simplify the Improvement and Maintenance programs.
use of available technologies like remote process for recipients and the Service. The Service is directed to brief the Com-
sensing and methodologies such as small NATIONAL FOREST SYSTEM mittees within 90 days of enactment of this
area estimation to further refine county and Act on a plan to delineate between new con-
State biomass estimates as outlined in Sec. The bill provides $1,974,388,000 for the Na-
struction and the maintenance and repair of
8632 of the Agriculture Improvement Act of tional Forest System. The detailed alloca-
existing infrastructure in future budget sub-
2018 (Public Law 115–334). tion of funding by activity is included in the
missions.
—$4,000,000 for cooperative research to de- table accompanying this explanatory state-
Facilities.—The bill provides $54,000,000 for
velop new understandings and innovative so- ment.
Facilities. The Service is directed to use an
lutions to address wildfire impacts on for- The Service will continue to follow the di- appropriate level of funding for shared repos-
ested source water, downstream clean water, rective on Tariffs on Timber Exports con- itory care of the National historical collec-
and water treatability. tained in Senate Report 116–123. tion.
—$3,000,000 for university-led research and Recreation, Heritage, and Wilderness.—With- The Service should work with the Federal
partnerships to better understand fires in in the funds provided, $1,000,000 is included to Aviation Administration to update charting
the wildland-urban interface, improve work- continue implementation of the Native of airstrips located on National Forest Sys-
force development for wildfire management American Tourism and Improving Visitor tem lands for administrative, recreational,
professionals, and improve the safety and ef- Experience [NATIVE] Act (Public Law 114– and emergency purposes.
ficiency of wildland firefighting techniques. 221) and $3,000,000 is included to support in- The Service is directed to brief the Com-
—$1,500,000 to conduct collaborative re- frastructure and trails development and to mittees within 120 days of enactment of this
search to develop remote sensing capabilities build the capacity of local user groups and Act on its plan to rebuild the Ocoee White-
that deploy acoustic technologies for wild- partnership organizations, to be divided water Center, including the anticipated cost
fire monitoring. equally between National Recreation Areas and timeframe.
—$200,000 to study the impact of reduced administered by the Forest Service and es- The Service is directed to prioritize fund-
snowpack on the Northern Waterthrush. tablished after 1997. ing available for public-use cabins on main-
—$500,000 to increase modeling work to Grazing Management.—The bill provides tenance, ensuring structural integrity, and
better understand the upper limit of fish dis- $6,300,000 for Grazing Management. The Serv- the general hygiene of existing cabins prior
tribution in the Pacific Northwest. ice is encouraged to prioritize management to the construction of new cabins.
—$1,500,000 to continue Forest Products of active allotments that are not meeting or Trails.—The bill includes $20,000,000 for
Laboratory university partnerships to opti- are inconsistent with current forest plan Trails. Of the funds provided, no less than an
mize biomass commercialization, including standards or do not have current assess- increase above enacted of $500,000 for trail
lumber standards, mass timber construction, ments, and reducing the backlog of active al- operation, maintenance and construction on
and durability. lotments requiring analysis and new man- National Scenic and Historic Trails. The
STATE AND PRIVATE FORESTRY agement decisions under the National Envi- Service is directed to develop a plan to ad-
The bill provides $337,758,000 for State and ronmental Policy Act, according to the pri- dress gaps in the Alaska Long Trail between
Private Forestry. The detailed allocation of orities established in the Forest Service Moose Path and Portage within the Chugach
funding by activity is included in the table Handbook. The Service is directed to brief National Forest.
accompanying this explanatory statement. the Committees within 90 days of enactment Legacy Roads and Trails.—The bill provides
All funding for specific programs, directives, of this Act on its progress to relieve the $6,000,000 for Legacy Roads and Trails.
backlog of fully processed permits. Further, Construction Projects.—The bill provides
or congressionally directed spending identi-
the Service shall evaluate the condition of $5,048,000 for congressionally directed spend-
fied herein is in addition to funds otherwise
permitted lands with Greater sage-grouse ing in this program. A detailed list of
provided to States and regions through the
habitat and is expected to consider modi- projects is included in the ‘‘Interior and En-
formula and competitive grant process and
fying usage to assure achievement of sage- vironment Incorporation of Community
therefore is not to be factored into those al-
grouse habitat requirements, taking into ac- Project Funding Items/Congressionally Di-
locations.
count drought, climate change, and its mul- rected Spending Items’’ table accompanying
Cooperative Forestry.—The Committees re-
tiple use mandate. this explanatory statement.
main concerned about the high rate of tree
mortality on National Forests due to bark Fuels Management.—The bill provides ACQUISITION OF LANDS FOR NATIONAL FORESTS
beetle infestations, which can increase the $207,000,000 for fuels management activities SPECIAL ACTS
risk and severity of wildfires for commu- and does not transfer the program to The bill provides $664,000 for the Acquisi-
nities and adjacent lands. The Service is di- Wildland Fire Management, as proposed in tion of Lands for National Forests Special
rected to work with States and Tribes to the budget. This program was transferred to Acts.
prioritize insect prevention, suppression, and National Forest System in fiscal year 2018 to ACQUISITION OF LANDS TO COMPLETE LAND
mitigation projects on non-Federal land that align hazardous fuels work with other forest EXCHANGES
support community wildfire protection and management activities. The Committees will The bill provides $150,000 for the Acquisi-
State forest action plans. consider moving this budget line item once tion of Lands to Complete Land Exchanges.
Forest Ecosystem Monitoring Cooperative.— the Service has provided an analysis of how
RANGE BETTERMENT FUND
Within the funds provided, $1,000,000 is for relocation of the program aligns with the
the Forest Ecosystem Monitoring Coopera- long-term workforce planning effort cur- The bill provides $1,719,000 for the Range
tive to support existing academic partner- rently underway. Of the funds made avail- Betterment Fund.
ships in the Northern Forest Region. A re- able for fuels management, $15,000,000 is for GIFTS, DONATIONS AND BEQUESTS FOR FOREST
duced non-Federal cost share shall be nego- the Community Wood Energy Program; AND RANGELAND RESEARCH
tiated with the host agencies to enable full $30,000,000 is for Wood Innovation Grants; The bill provides $45,000 for Gifts, Dona-
implementation of the program. The Com- $6,600,000 is provided for the Southwest Eco- tions and Bequests for Forest and Rangeland
mittees direct the Service to continue to uti- logical Restoration Institutes; and no less Research.
lize existing partnerships with research in- than the enacted level is to implement sec- MANAGEMENT OF NATIONAL FOREST LANDS FOR
stitutions and States to fund research to es- tion 5 of the Lake Tahoe Restoration Act SUBSISTENCE USES
tablish methods, tools, and standard proto- (Public Law 106–506).
The bill provides $1,099,000 for the Manage-
cols that help quantify forest ecosystem Wildlife and Fish Habitat Management.—The ment of National Forest Lands for Subsist-
services, particularly carbon, in natural for- bill provides $24,000,000 for Wildlife and Fish ence Uses.
ested regions as a resource that can be man- Habitat Management. The Service should
WILDLAND FIRE MANAGEMENT
aged by forest landowners for ecological and create a system for integrating both com-
economic benefit. prehensive and discrete projects to meet fish (INCLUDING TRANSFERS OF FUNDS)
Forest Resource Information and Analysis.— and wildlife habitat conservation goals into The bill provides $945,956,000 for Forest
The bill provides $30,167,000 for congression- its spending plans. Consequently, the bill Service Wildland Fire Management. In total,
ally directed spending in this program. A de- provides no less than an increase of $2,000,000 the annual funding for fire suppression oper-
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tailed list of projects is included in the ‘‘In- above the enacted level of funding for threat- ations at the Forest Service is $3,596,000,000,
terior and Environment Incorporation of ened and endangered species activities to including $1,386,000,000 in emergency funding
Community Project Funding Items/Congres- contribute to significant recovery actions. and $2,210,000,000 in the Wildfire Suppression
sionally Directed Spending Items’’ table ac- The Service is directed to brief the Commit- Operations Reserve Fund. The bill also pro-
companying this statement. In order to align tees within 90 days of enactment of this Act vides an additional $160,000,000 for prepared-
with new guidance related to matching re- on performance indicators and other ac- ness in emergency supplemental funding.
quirements announced by the Service on countability measures for these activities in The detailed allocation of funding by activ-
July 22, 2022, the Committees direct that no order to track its expenditures to comply ity is included in the table accompanying
match shall be required for these projects. with reporting requirements. this explanatory statement.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8661
Firefighter Housing.—The Service shall is based upon updated recent estimates pro- els for the behavioral health integration ini-
brief the Committees within 90 days of en- vided to the Committees. The Committees tiative, for suicide prevention, and for the
actment of this Act on the housing needs expect IHS to disburse all funding provided Telebehavioral Health Center of Excellence
necessary to support a permanent wildfire for current services upon receipt, and to con- and includes the requested reallocation of
workforce, detailing the deferred mainte- sult with the Committees before withholding staffing funds. The Director of IHS, in co-
nance for existing housing and required new any appropriated funds. ordination with the Assistant Secretary for
housing, and highlighting any current bar- Staffing for New Facilities.—The agreement Mental Health and Substance Abuse, shall
riers such as market rate requirements and includes $60,384,000 for staffing newly opened award grants for providing services, provide
Federal housing price determinations. health facilities, which is the full amount re- technical assistance to grantees under this
Aviation Resources.—The Service is directed quired in fiscal year 2023 based upon updated section, and evaluate performance of the pro-
to develop policies to implement the findings estimates provided to the Committees. gram.
in its Aerial Firefighting Use and Effective- Funds for staffing of new facilities are lim- Alcohol and Substance Abuse.—The bill pro-
ness study, and brief the Committees within ited to facilities funded through the Health vides $266,440,000 for the Alcohol and Sub-
90 days of enactment of this Act on how it Care Facilities Construction Priority Sys- stance Abuse Programs, which includes a
will spend funding appropriated for Pre- tem or the Joint Venture Construction Pro- general program increase to support existing
paredness and Suppression in a manner con- gram that have opened in fiscal year 2022 or programs, including, among others, the Spe-
sistent with those findings. will open in fiscal year 2023. None of these cial Behavioral Health Pilot Program that
WILDFIRE SUPPRESSION OPERATIONS RESERVE
funds may be allocated to a facility until addresses behavioral health challenges in In-
FUND
such facility has achieved beneficial occu- dian Country. In addition, the agreement
pancy status. As initial estimates included continues the Generation Indigenous, Youth
(INCLUDING TRANSFERS OF FUNDS)
as part of the annual budget request are re- Pilot project, and essential detoxification
The bill includes $2,210,000,000 for the Wild- fined, IHS is expected to communicate up- services, which shall be distributed as di-
fire Suppression Operations Reserve Fund, dated cost estimates to the Committees. rected in Senate Report 116–123. This amount
which is $90,000,000 above the enacted level. In fiscal year 2022 the Committees provided also includes the requested reallocation of
S. Con. Res. 14 (117th Congress), the concur- funds for the staffing of facilities scheduled former National Institute on Alcohol Abuse
rent resolution on the budget for fiscal year to obtain beneficial occupancy status. Due to and Alcoholism (NIAAA) funds to the Urban
2022 and section 1(g) of H. Res. 1151 (117th unforeseen delays these facilities were not Indian Health line.
Congress), as engrossed in the House of Rep- able to achieve beneficial occupancy nor are Purchased/Referred Care.—The agreement
resentatives on June 8, 2022, included a budg- they expected to do so in fiscal year 2023. includes $996,755,000 for the Purchased/Re-
et cap adjustment for wildfire suppression Consequently, these previously provided ferred Care program, which includes an addi-
costs and this additional funding is included funds will expire at the end of fiscal year tional $1,000,000 funding for the Indian Cata-
for fiscal year 2023. 2023. Rather than let these funds expire and strophic Health Fund.
DEPARTMENT OF HEALTH AND HUMAN SERVICES go unused, the Committees are required to Urban Indian Health.—The agreement in-
INDIAN HEALTH SERVICE rescind these funds and provide appropria- cludes $90,419,000 for the Urban Indian health
INDIAN HEALTH SERVICES
tions when the facilities are scheduled to program, which includes the reallocation of
achieve beneficial occupancy. The Commit- former NIAAA funds.
(INCLUDING RESCISSION OF FUNDS) Indian Health Professions.—The agreement
tees expect the Service to provide periodic
The bill provides a total of $6,958,223,000 for status updates on these facilities and to re- provides $80,568,000 for Indian health profes-
the Indian Health Service (IHS), of which quest the necessary staffing funds at the ap- sions, which includes an additional $5,000,000
$4,890,282,000 is for the Services account, and propriate time. for the loan repayment program and a gen-
a rescission of $29,388,000 of unobligated bal- Hospitals and Health Clinics.—The agree- eral program funding increase to be allo-
ances as detailed below. All programs, ment provides $2,503,025,000 for Hospitals and cated for all programs, including among oth-
projects, and activities are maintained at Health Clinics, which includes an additional ers, the InMed program, the fourth site ex-
fiscal year 2022 enacted levels unless other- $10,000,000 for Tribal epidemiology centers, pansion, Quentin N. Burdick Indians into
wise specified below. All increases are gen- $2,000,000 for village built clinics, and an ad- Nursing, and the American Indians into Psy-
eral program increases unless otherwise stat- ditional $1,000,000 to improve maternal chology Programs.
ed. The Service is expected to comply with health. This amount also includes requested Direct Operations.—The bill provides
the instructions and requirements at the be- reallocation of prior year staffing funds for $103,805,000 for direct operations, which in-
ginning of this division and in House Report the Phoenix Indian Medical Center, Cher- cludes an increase of $5,000,000 for quality
117–400, unless otherwise specified below. okee Nation, and United Keetoowah Band. and oversight, for uses as requested, and an
Language contained in the explanatory The agreement maintains funding at fiscal increase of $1,000,000 for management and op-
statement accompanying the Consolidated year 2022 enacted levels for the Alzheimer’s erations.
Appropriations Act, 2022 (Public Law 117–103) program and Produce Prescription Pilot pro- CONTRACT SUPPORT COSTS
regarding market-specific pay scales, limita- gram. The agreement also continues funding The bill continues language from fiscal
tions on incentives, tracking improvements at the fiscal year 2022 enacted levels for the year 2022 providing an indefinite appropria-
to patient health, use of accreditation emer- domestic violence prevention program, ac- tion to fully fund contract support costs,
gency funds, joint venture solicitations, and creditation emergencies as discussed in the which are estimated to be $969,000,000 in fis-
interoperability and compatibility of the House report, health information tech- cal year 2023.
new electronic health record system with the nology, healthy lifestyles in youth project, PAYMENTS FOR TRIBAL LEASES
Department of Veterans Affairs system, is and the National Indian Health Board coop-
restated, and first aid kit enhancements is The bill continues language from fiscal
erative agreement.
restated as well as language contained in the Village Built Clinics (VBC).—The Commit- year 2022 providing an indefinite appropria-
Public Law 116–260, Consolidated Appropria- tees remind the Service of fiscal year 2022 di- tion to fully fund payments for Tribal leases,
tions Act 2021, regarding the dental health rection to work collaboratively with im- which are estimated to be $111,000,000 in fis-
therapist training program is also restated. pacted Tribes and Tribal organizations to cal year 2023.
Additional details, instructions, and require- produce the data needed to accurately cal- INDIAN HEALTH FACILITIES
ments follow below and in the table at the culate the funding for VBC lease funding, in- The bill provides $958,553,000 for Indian
end of this division. cluding the number of active VBC facilities, Health Facilities. All programs, projects,
Advance Appropriations.—The agreement their current funding levels, and if nec- and activities are maintained at fiscal year
provides advance appropriations for the In- essary, any additional amounts needed to 2022 enacted levels unless otherwise specified
dian Services and Indian Health Facilities fully fund the eligible operating and owner- below. IHS is expected to comply with the
accounts totaling $5,129,458,000 for fiscal year ship costs for all VBC facilities. The Service instructions and requirements at the begin-
2024. Additional details, instructions, and re- is directed to brief the Committees on the ning of this division and in House Report 117–
quirements follow in the table at the end of status of this directive within 60 days of en- 400, unless otherwise specified below. Lan-
this division. actment of this Act, which shall include pro- guage contained in explanatory statement
Addressing Sexual Abuse.—The Committees viding a copy of the data collected to date. accompanying Public Law 116–6 regarding
remain deeply concerned about reports of Electronic Health Records.—The agreement health impacts of inadequate sanitation, Mt.
sexual abuse at IHS operated facilities. IHS provides $217,564,000 for Electronic Health Edgecombe, and Alaska facility assessments
is to take prompt action on any new allega- Records (EHR), which includes an increase is restated.
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tions, and keep the Committees apprised on for uses as requested. The Committees ex- Current Services.—The agreement includes
implementation of recommendations to pre- pect the Service to provide detailed quar- $11,324,000 for pay costs and inflation, which
vent sexual abuse. Further the Committees terly progress updates on the obligation and is based upon updated estimates provided to
remind IHS of the direction contained in the expenditure of these funds as well as status the Committees. The stipulation included in
House bill and incorporate language included updates on progress of the Service’s mod- ‘‘Indian Health Services’’ regarding prompt
in the fiscal year 2022 explanatory statement ernization efforts. distribution of funds pertains to this account
related to addressing sexual abuse. Mental Health.—The bill provides as well.
Current Services.—The agreement includes $127,171,000 for Mental Health, which con- Staffing for New Facilities.—The bill in-
$109,082,000 for pay costs and inflation, which tinues funding at fiscal year 2022 enacted lev- cludes $5,398,000 for staffing newly opened
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S8662 CONGRESSIONAL RECORD — SENATE December 20, 2022
health facilities, which is the full amount Birth Cohort Study.—The bill provides fund- bitions, and education programming. Within
based upon updated estimates provided to ing for continuation of the birth cohort 90 days of enactment of this Act, the Smith-
the Committees. Funds for staffing of new study on the Navajo Nation. The Committees sonian is directed to brief the Committees on
facilities are limited to facilities funded support the study to better understand the its plans for such activities for fiscal year
through the Health Care Facilities Construc- relationship between uranium exposures, 2023.
tion Priority System or Joint Venture Con- birth outcomes, and early developmental Within 90 days of enactment of this Act,
struction Program that have opened in FY delays on the Navajo Nation. the Smithsonian is directed to brief the
2022 or will open in FY 2023. Further, the Pediatric Environmental Health Specialty Committees on the funding it is allocating to
stipulations included in the ‘‘Indian Health Units.—The Committees encourage the Agen- deferred maintenance and how it is address-
Services’’ account regarding the allocation cy to continue support for Pediatric Envi- ing the deferred maintenance backlog.
of funds pertain to this account as well. ronmental Health Specialty Units. FACILITIES CAPITAL
Sanitation Facilities Construction.—The OTHER RELATED AGENCIES
agreement provides $196,167,000 for sanitation The agreement provides $251,645,000 for Fa-
facilities construction, which accounts for a EXECUTIVE OFFICE OF THE PRESIDENT cilities Capital. The Smithsonian is directed
transfer of $3,000,000 for certification train- COUNCIL ON ENVIRONMENTAL QUALITY AND to use planning and design funding for the
ing to the Facilities and Environmental OFFICE OF ENVIRONMENTAL QUALITY new museums as requested in the budget.
Health funding line as requested in a re- The agreement provides $4,676,000 for the NATIONAL GALLERY OF ART
programming request by the Service. The Council on Environmental Quality and Office SALARIES AND EXPENSES
bill also includes $15,192,000 for congression- of Environmental Quality. The bill provides $170,240,000 for the Sala-
ally directed spending (CDS) projects as CHEMICAL SAFETY AND HAZARD ries and Expenses account of the National
shown on the table titled ‘‘Interior and Envi- INVESTIGATION BOARD Gallery of Art, of which not to exceed
ronment Incorporation of Community
SALARIES AND EXPENSES $3,875,000 is for the special exhibition pro-
Project Funding Items/Congressionally Di-
The bill provides $14,400,000 for the Chem- gram.
rected Spending Items’’ accompanying this
explanatory statement. Further, the Com- ical Safety and Hazard Investigation Board, REPAIR, RESTORATION AND RENOVATION OF
mittees expect IHS to include an updated which includes funding for the docket man- BUILDINGS
five-year spend plan in fiscal year 2023 for agement system as requested. The Commit- (INCLUDING TRANSFER OF FUNDS)
any funds requested. tees urge the Board to address long-standing The bill provides $39,000,000 for the Repair,
Health Care Facilities Construction.—The management challenges and staff vacancy Restoration and Renovation of Buildings ac-
agreement provides $260,896,000 for health issues so that it can effectively and fully ac- count and includes funds for the design and
care facilities construction, which includes complish its critical mission. The Commit- construction of an off-site art storage facil-
an additional $1,000,000 for quarters. The tees also direct the Board to brief the Com- ity in partnership with the Smithsonian In-
agreement continues funding at fiscal year mittees on proposed funding needs and budg- stitution.
2022 enacted levels for green infrastructure et structure for fiscal year 2024.
JOHN F. KENNEDY CENTER FOR THE
as directed in the explanatory statement ac- OFFICE OF NAVAJO AND HOPI INDIAN PERFORMING ARTS
companying Public Law 116–94, and small RELOCATION
ambulatory clinics, including the funds for OPERATIONS AND MAINTENANCE
SALARIES AND EXPENSES
replacement and expansion projects. The The bill provides $27,640,000 for the Oper-
The bill does not provide new appropria-
agreement directs the Service to report to ations and Maintenance account.
tions for fiscal year 2023, however, a total of
the Committees within 90 days of enactment CAPITAL REPAIR AND RESTORATION
$3,060,000 is made available from unobligated
of this Act on how these funds will be dis- The bill provides $17,740,000 for the Capital
balances for fiscal year 2023 operations. The
tributed as well as the estimated number of Repair and Restoration account.
bill continues the direction provided in the
quarters and associated costs for new staff
explanatory statement accompanying Divi- WOODROW WILSON INTERNATIONAL CENTER FOR
quarters at existing health facilities.
sion G of the Consolidated Appropriations SCHOLARS
Facilities and Environmental Health.—The
Act, 2017 (Public Law 115–31). There is con-
agreement provides $298,297,000 for this pro- SALARIES AND EXPENSES
tinued commitment to bringing the reloca-
gram, which maintains $3,000,000 for prelimi- The bill provides $15,000,000 for the Wood-
tion process to an orderly conclusion and en-
nary engineering reports and repurposes row Wilson International Center for Scholars
suring all eligible relocatees receive the relo-
prior year staffing funds as requested. This to continue the Federal commitment and
cation benefits to which they are entitled.
also includes a transfer from the Sanitation support operations.
Consultation with all affected parties and
Facilities Construction funding in order to NATIONAL FOUNDATION ON THE ARTS AND THE
agencies is the key to a transparent, orderly
provide technical assistance, training, and HUMANITIES
closeout.
guidance to sanitation operators, families,
and communities regarding the operation INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIONAL ENDOWMENT FOR THE ARTS
and maintenance of water supply and sewage NATIVE CULTURE AND ARTS DEVELOPMENT GRANTS AND ADMINISTRATION
disposal facilities as outlined in a re- PAYMENT TO THE INSTITUTE The bill provides $207,000,000 for the Na-
programming request by the Service. The bill provides $13,482,000 for fixed costs tional Endowment for the Arts (NEA) to con-
Equipment.—The bill provides $32,598,000 for and academic programs of the Institute of tinue the important work of the Endowment.
equipment, which continues $500,000 for American Indian Arts. Changes to the enacted level are included in
TRANSAM and includes an additional the table at the end of this explanatory
SMITHSONIAN INSTITUTION
$1,000,000 for emergency generators, as di- statement. The agreement reiterates the di-
rected in House Report 117–400. SALARIES AND EXPENSES
rection contained in the explanatory state-
NATIONAL INSTITUTES OF HEALTH The agreement provides a total of ment accompanying Public Law 117–103, Con-
NATIONAL INSTITUTE OF ENVIRONMENTAL
$1,144,500,000 for all Smithsonian Institution solidated Appropriations Act, 2022, regarding
HEALTH SCIENCES
accounts, of which $892,855,000 is provided for the Creative Forces NEA Healing Arts Net-
salaries and expenses, which includes fixed work, and the collaborative relationship be-
The agreement provides $83,035,000 for the
costs. The agreement also includes the fol- tween NEA and States.
National Institute of Environmental Health
lowing program increases: $600,000 for Na-
Sciences. The Committees continue the NATIONAL ENDOWMENT FOR THE HUMANITIES
tional Zoological Park animal welfare; the
$2,000,000 provided in fiscal year 2022 to fur- GRANTS AND ADMINISTRATION
requested program increases for the National
ther the Institute’s work on PFAS and other
Museum of the American Latino and the The bill provides $207,000,000 for the Na-
contaminants of emerging concern. The In-
Smithsonian Women’s History Museum; tional Endowment for the Humanities (NEH)
stitute both leads and supports significant
$3,000,000 to support digital transformation to continue the important work of the En-
research on PFAS that will result in better
efforts across the Institution ensuring access dowment. Changes to the enacted level are
remediation outcomes. Further, of the funds
to the Smithsonian’s digital content; and included in the table at the end of this ex-
provided, not less than $1,750,000 shall be to
$3,050,000 for the Research Program Initia- planatory statement. The agreement reiter-
support risk reduction for Native Americans
tives Pool, with a particular focus on recy- ates the direction contained in the explana-
to hazardous metals mixtures from aban-
cling research; $3,600,000 for IT security; and tory statement accompanying Public Law
doned uranium mine waste.
$500,000 for facilities security. The detailed 116–260, Consolidated Appropriations Act,
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AGENCY FOR TOXIC SUBSTANCES AND DISEASE allocation of funding is included in the table 2021, regarding the ‘‘We the People Initia-
REGISTRY at the end of this explanatory statement. tive’’, and Public Law 117–103, Consolidated
TOXIC SUBSTANCES AND ENVIRONMENTAL Repressed Cultures Preservation.—Global Appropriations Act, 2022, regarding the sup-
PUBLIC HEALTH conflicts and repressive regimes continue to port for projects that illustrate the trans-
The agreement provides $85,020,000. The threaten cultural and linguistic heritage formative role of women in American his-
Committees continue the $2,000,000 provided across the world. The bill includes $500,000 in tory.
in fiscal year 2022 to further the Agency’s World Culture Consortium to enhance the Endangered Languages.—The Committees
work on PFAS and other contaminants of Smithsonian’s work in this area, to include support the Documenting Endangered Lan-
emerging concern. preservation efforts as well as research, exhi- guages Initiative and NEH’s partnership
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8663
with the National Science Foundation [NSF] Section 401 continues a provision providing Section 421 provides a one-year extension
to develop and advance knowledge con- that appropriations available in the bill of the Federal Lands Recreation Enhance-
cerning endangered human languages. The shall not be used to produce literature or ment Act.
Committees are especially concerned with otherwise promote public support of a legis- Section 422 incorporates Reprogramming
the linguistic threats faced by ethnic and re- lative proposal on which legislative action is Guidelines into the Act.
ligious minorities in Central and East Asia, not complete. Section 423 continues a provision author-
including the Uyghurs, Tibetans, and Mongo- Section 402 continues a provision providing izing the Secretary of the Interior and the
lians. The Committees direct the NEH to for annual appropriations unless expressly Secretary of Agriculture to consider local
brief the Committees within 90 days of the provided otherwise in this Act. contractors when awarding contracts for cer-
enactment of this Act on the ongoing endan- Section 403 continues a provision providing tain activities on public lands.
gered languages work with emphasis on this restrictions on departmental assessments Section 424 extends the authority for the
region. unless approved by the Committees on Ap- Shasta-Trinity Marina fee for one year.
COMMISSION OF FINE ARTS propriations. Section 425 extends the authority for the
Section 404 continues a limitation on ac- Interpretive Association for one year.
SALARIES AND EXPENSES
cepting and processing applications for pat- Section 426 extends the authority for Puer-
The bill provides $3,661,000 for the Commis- ents and on the patenting of Federal lands.
sion of Fine Arts. to Rico Schooling for one year.
Section 405 continues a provision regarding Section 427 extends the authority for For-
NATIONAL CAPITAL ARTS AND CULTURAL the payment of contract support costs. est Botanical Products fee collection for one
AFFAIRS Section 406 addresses the payment of con- year.
The bill provides $5,000,000 for the National tract support costs for fiscal year 2023. Section 428 includes certain limitations on
Capital Arts and Cultural Affairs program. Section 407 continues a provision providing oil and gas development near Chaco Culture
The agreement provides bill language re- that the Secretary of Agriculture shall not National Historical Park.
garding eligibility for grants. Grant funds be considered in violation of certain provi- Section 429 requires 105(l) Tribal lease pay-
shall be distributed consistent with the es- sions of the Forest and Rangeland Renewable ments to begin no earlier than the date the
tablished formula and eligibility require- Resources Planning Act solely because more lease proposal is submitted and for the Fed-
ments used in fiscal year 2022. than 15 years have passed without revision of eral agencies to consult with Tribes on lease
ADVISORY COUNCIL ON HISTORIC a forest plan, provided that the Secretary is requirements.
PRESERVATION working in good faith to complete the plan Section 430 extends the authority for the
revision. Forest Ecosystem Health and Recovery Fund
SALARIES AND EXPENSES
Section 408 continues a provision limiting
The bill provides $8,585,000 for the Advisory by one year.
preleasing, leasing, and related activities
Council on Historic Preservation. Section 431 requires the allocation of funds
within the boundaries of National Monu-
from the National Parks and Public Land
NATIONAL CAPITAL PLANNING COMMISSION ments.
Legacy Restoration Fund and Land and
SALARIES AND EXPENSES Section 409 restricts funding appropriated
Water Conservation Fund.
The bill provides $8,750,000 for the National for acquisition of land or interests in land
Section 432 addresses carbon emissions
Capital Planning Commission, including from being used for declarations of taking or
from forest biomass.
funding for lease costs. complaints in condemnation.
Section 433 addresses the use of small re-
Section 410 continues a provision which
UNITED STATES HOLOCAUST MEMORIAL mote incinerators in the State of Alaska.
prohibits no-bid contracts.
MUSEUM Section 411 continues a provision which re- Section 434 addresses timber sales involv-
HOLOCAUST MEMORIAL MUSEUM quires public disclosure of certain reports. ing Alaska western red and yellow cedar.
Section 412 continues a provision which de- Section 435 provides transfer authority to
The bill provides $65,231,000 for the United
lineates the grant guidelines for the Na- the Federal Highway Administration for the
States Holocaust Memorial Museum.
tional Endowment for the Arts. National Parks and Public Land Legacy Res-
PRESIDIO TRUST toration Fund.
Section 413 continues a provision which de-
The bill provides $90,000,000 in loan author- Section 436 continues a provision prohib-
lineates the program priorities for the pro-
ity for the Presidio Trust and increases the iting the use of funds to promulgate or im-
grams managed by the National Endowment
limit for the aggregate amount of out- plement any regulation requiring the
for the Arts.
standing obligations to $250,000,000. issuance of permits under Title V of the
Section 414 requires the Department of the
WORLD WAR I CENTENNIAL COMMISSION Interior, Environmental Protection Agency, Clean Air Act for carbon dioxide, nitrous
SALARIES AND EXPENSES Forest Service and Indian Health Service to oxide, water vapor, or methane emissions.
provide the Committees on Appropriations Section 437 continues a provision prohib-
The bill provides $1,000,000 for the Salaries
quarterly reports on the status of balances of iting the use of funds to implement any pro-
and Expenses account of the World War I
appropriations. vision in a rule if that provision requires
Centennial Commission.
Section 415 extends certain authorities al- mandatory reporting of greenhouse gas emis-
UNITED STATES SEMIQUINCENTENNIAL sions from manure management systems.
COMMISSION lowing the Forest Service to renew grazing
permits. Section 438 continues a provision prohib-
SALARIES AND EXPENSES Section 416 prohibits the use of funds to iting the use of funds to regulate the lead
The bill provides $15,000,000 for the nec- maintain or establish a computer network content of ammunition or fishing tackle.
essary expenses of the United States unless such network is designed to block ac- Section 439 makes road construction more
Semiquincentennial Commission. cess to pornography websites. inclusive.
ALYCE SPOTTED BEAR AND WALTER SOBOLEFF Section 417 addresses the humane transfer Section 440 provides for wildland fire-
COMMISSION ON NATIVE CHILDREN and treatment of excess wild horses and bur- fighter pay cap waiver.
ros. Section 441 establishes an interest bearing
The bill provides $550,000 for necessary ex-
Section 418 extends the authority of the account.
penses of the Commission. The Commission
is directed to conduct a comprehensive study Forest Service Facility Realignment and En- Section 442 provides a technical correction
of Federal, State, local, and Tribal programs hancement Act. to a fiscal year 2022 project.
that serve Native children. Section 419 sets requirements for the use of Section 443 provides an emergency designa-
American iron and steel for certain loans tion to the Hazardous Substance Superfund
TITLE IV—GENERAL PROVISIONS account.
and grants.
(INCLUDING TRANSFERS OF FUNDS) Section 420 provides authority for the Sec- Section 444 allows easement or right-of-
The bill includes various legislative provi- retary of the Interior to enter into training way permits over certain Federal lands.
sions in Title IV of the bill. The provisions agreements and to transfer excess equipment Section 445 extends authorization for Alas-
are: and supplies for wildfires. ka Native regional health entities.
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S8666 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8667
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S8668 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8669
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S8670 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8671
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S8672 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8673
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S8674 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8675
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S8676 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8677
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S8678 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8679
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S8680 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8681
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S8682 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8683
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S8684 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8685
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S8686 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8687
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S8688 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8689
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S8690 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8691
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S8692 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8693
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S8694 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8695
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S8696 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8697
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S8698 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8699
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S8700 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8701
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S8702 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8703
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S8704 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8705
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S8706 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8707
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S8708 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8709
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S8710 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8711
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S8712 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8713
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S8714 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8715
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S8716 CONGRESSIONAL RECORD — SENATE December 20, 2022
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2023
State(s) Station or Unit Name Project Funding Amount
BUREAU OF LAND MANAGEMENT
AK ................................................................. Anchorage District ........................................................................................................... Glennallen Warehouse Consolidation .............................................................................. 4,706,000
AZ ................................................................. Gila District ..................................................................................................................... Hot Well Dunes Facilities and Site Repairs ................................................................... 5,180,000
CA ................................................................ California Desert District ................................................................................................ Cahuilla Ranger Station Replacement ........................................................................... 8,225,000
CO ................................................................ Grand Junction Air Center ............................................................................................... Grand Junction Air Center Tanker Base Repairs (Phase II) ........................................... 3,470,000
ID ................................................................. Coeur d’Alene District, Idaho Falls District, and Twin Falls District ............................ Idaho Recreation Site Repairs ........................................................................................ 6,377,000
ID ................................................................. National Interagency Fire Center .................................................................................... Airfield Ramp Tarmac Replacement ............................................................................... 2,500,000
MT ................................................................ Eastern Montana Dakotas District, North Central District, Western Montana District Recreation, Roads, Dams, and Building Repair Project ................................................ 7,681,000
NM ................................................................ Farmington District ......................................................................................................... Wild Rivers Back Country Byway Repairs (Phase II) ..................................................... 4,851,000
NV ................................................................ Elko District ..................................................................................................................... Elko District Office Building Replacement and Repairs ................................................ 12,830,000
OR ................................................................ Northwest Oregon District ............................................................................................... Yaquina Head Outstanding Natural Area Site Maintenance .......................................... 9,582,000
OR ................................................................ Vale District .................................................................................................................... Vale District Building Renovation ................................................................................... 4,557,000
UT ................................................................. West Desert District ........................................................................................................ Little Sahara Recreation Area Maintenance (Phases II and III) .................................... 6,057,000
VA ................................................................. Northeastern States District ........................................................................................... Meadowood Repairs ........................................................................................................ 400,000
WY ................................................................ High Desert District, Wind River/Bighorn Basin District, and High Planes District ..... Wyoming Safety of Dams Repairs and Maintenance (Phase II) .................................... 5,263,000
Program Administration (Indirect Costs) ........................................................................ .......................................................................................................................................... 2,850,000
Contingency Fund ............................................................................................................ .......................................................................................................................................... 10,662,093
Sequestration, 2023 ........................................................................................................ .......................................................................................................................................... (5,415,000)
Previously Sequestered Budget Authority, 2022.
.......................................................................................................................................... 5,415,000.
TOTAL, BUREAU OF LAND MANAGEMENT PROJECTS ....................................................... .......................................................................................................................................... 95,191,093
U.S. FISH AND WILDLIFE SERVICE
AL ................................................................. Bon Secour National Wildlife Refuge .............................................................................. Replace Headquarters Office and Maintenance Building .............................................. 1,918,904
AL ................................................................. Wheeler National Wildlife Refuge ................................................................................... Replace Compound Maintenance Shop .......................................................................... 1,769,260
AZ ................................................................. Buenos Aires National Wildlife Refuge ........................................................................... Consolidate and Modernize Public Use Facilities and Improve Recreational Access 14,760,000
(Phase I).
CA ................................................................ San Luis National Wildlife Refuge Complex ................................................................... Modernize Infrastructure to Improve Waterfowl Hunting Areas and Improve Rec- 2,250,000
reational Access (Phase II).
CA ................................................................ San Luis National Wildlife Refuge Complex ................................................................... Repair Water Management and Public Outdoor Recreation Infrastructure (Phase III) 5,400,000
GA ................................................................ Okefenokee National Wildlife Refuge .............................................................................. Replace Administrative and Visitor Center .................................................................... 1,800,000
IA .................................................................. Upper Mississippi National Wildlife and Fish Refuge .................................................... Replacement, Repair, and Consolidation of McGregor District Headquarters and Fa- 10,620,000
cilities.
LA ................................................................. Red River National Wildlife Refuge ................................................................................ Replacement of the Primary Boardwalk and Trail Bridge ............................................. 900,000
LA ................................................................. Southeast Louisiana Refuges ......................................................................................... Replacement of the Public Use Facilities and Critical Infrastructure .......................... 1,556,000
MQ ................................................................ Midway Atoll National Wildlife Refuge ........................................................................... Replace Waste Treatment Plant ..................................................................................... 7,380,000
OK ................................................................ Wichita Mountains Wildlife Refuge ................................................................................. Consolidate and Modernize Public Use Facilities and Improve Recreational Access 3,635,000
(Phase II).
PR ................................................................ Cabo Rojo National Wildlife Refuge ............................................................................... Replace Cabo Rojo Headquarters/Visitor Center Building ............................................. 3,763,000
UT ................................................................. Bear River Migratory Bird Refuge ................................................................................... Rehabilitation of Water Management Infrastructure ...................................................... 15,472,240
VT ................................................................. Missisquoi National Wildlife Refuge ............................................................................... Rehabilitation of the Multipurpose Administration and Visitor Facility ........................ 81,000
VT ................................................................. Silvio O. Conte National Fish and Wildlife Refuge—Nulhegan Basin Division ............ Rehabilitation of Infrastructure and Public Use Facilities ............................................ 900,000
WV ................................................................ Canaan Valley National Wildlife Refuge ......................................................................... Rehabilitation of the Schaeffer Building ........................................................................ 150,000
WV ................................................................ Ohio River Islands National Wildlife Refuge .................................................................. Rehabilitation of the Multipurpose Headquarters Building ........................................... 100,000
Mult. ............................................................. National Wildlife Refuges ............................................................................................... Salary Funding for National Maintenance Action Team Strike Forces (Year 3) ............ 4,253,596
Mult. ............................................................. National Wildlife Refuges ............................................................................................... Salary Funding for Supplemental Conservation Workforce (Year 2) .............................. 2,000,000
Program Administration (Indirect Costs) ........................................................................ .......................................................................................................................................... 2,850,000
Contingency Fund ............................................................................................................ .......................................................................................................................................... 13,632,093
Sequestration, 2023 ........................................................................................................ .......................................................................................................................................... (5,415,000)
Previously Sequestered Budget Authority, 2022 ............................................................. .......................................................................................................................................... 5,415,000
TOTAL, U.S. FISH AND WILDLIFE SERVICE PROJECTS ..................................................... .......................................................................................................................................... 95,191,093
NATIONAL PARK SERVICE
AL ................................................................. Freedom Riders National Monument, Birmingham Civil Rights National Monument ... Rehabilitate Civil Rights-Related Structures, Including the Greyhound Bus Depot, 7,451,000
Mural Building, and Interior of A.G. Gaston Motel.
AR ................................................................ Hot Springs National Park .............................................................................................. Rehabilitate Historic Bathhouses ................................................................................... 16,729,000
AZ ................................................................. Petrified Forest National Park ......................................................................................... Rehabilitate Painted Desert Community Complex .......................................................... 33,327,000
AZ, UT .......................................................... Glen Canyon National Recreation Area ........................................................................... Rehabilitate Critical Utility Systems ............................................................................... 72,489,000
CA ................................................................ Golden Gate National Recreation Area ........................................................................... Stabilize and Rehabilitate Alcatraz Island Historic Structures ..................................... 63,584,000
CA ................................................................ San Francisco Maritime National Historical Park .......................................................... Rehabilitate Hyde Street Pier and the National Historic Landmark Eureka Ferryboat .. 102,282,000
DC ................................................................ National Mall and Memorial Parks ................................................................................. Rehabilitate Seawalls and Shoreline Landscape (Phase I) ........................................... 124,292,000
FL ................................................................. Everglades National Park ................................................................................................ Rehabilitate Parkwide Water and Wastewater Systems ................................................. 36,916,000
GA ................................................................ Chickamauga and Chattanooga National Military Park ................................................. Repair, Rehabilitation, and Reconstruction of Roads and Parking ............................... 5,666,000
HI ................................................................. Haleakala National Park, Hawaii Volcanoes National Park, Kalaupapa National His- Rehabilitate Perimeter Fences to Protect Park Resources ............................................. 30,539,000
torical Park.
ID ................................................................. Craters of the Moon National Monument and Preserve, Hagerman Fossil Beds Na- Rehabilitate Operational Buildings at Idaho Parks ....................................................... 9,932,000
tional Monument, Minidoka National Historic Site.
IN ................................................................. Indiana Dunes National Park .......................................................................................... Rehabilitate Historic Structures ...................................................................................... 14,812,000
MA ................................................................ Boston National Historical Park ...................................................................................... Rehabilitate Building 107 and Demolish Hoosac Stores Warehouse Building (Phase 36,628,000
I).
MD ................................................................ Clara Barton National Historic Site ................................................................................ Rehabilitate the Clara Barton National Historic Site .................................................... 14,982,000
MI ................................................................. Pictured Rocks National Lakeshore, Sleeping Bear Dunes National Lakeshore ............ Complete Pavement Rehabilitation on High-Priority NPS Roads in Michigan .............. 6,625,000
MO ................................................................ George Washington Carver National Monument, Ozark National Scenic Riverways, Complete Pavement Rehabilitation on High-Priority NPS Roads in Missouri ................ 15,156,000
Wilson’s Creek National Battlefield.
MO ................................................................ Ozark National Scenic Riverways, Alley Springs Campground ....................................... Project Planning and Compliance .................................................................................. 400,000
MS ................................................................ Natchez Trace Parkway ................................................................................................... Rehabilitate Sections of the Natchez Trace Parkway (Phase II) ................................... 46,212,000
NJ ................................................................. Delaware Water Gap National Recreation Area .............................................................. Rehabilitate and Repair Critical Sections of Old Mine Road ........................................ 16,869,000
NV ................................................................ Great Basin National Park .............................................................................................. Rehabilitate Deteriorated Wastewater Collection and Water Distribution Systems ....... 4,504,000
NY ................................................................ Gateway National Recreation Area ................................................................................. Rehabilitate Deteriorated and Failing Mission-Critical Utility System Infrastructure 34,150,000
(Phase I).
PA ................................................................. Independence National Historical Park ........................................................................... Rehabilitate the Interior and Exterior of First Bank ...................................................... 30,163,000
WV ................................................................ New River Gorge National Park and Preserve ................................................................ Remove Excess Structures and Abandoned Buildings Parkwide and Address Utility 1,237,000
Needs (Phase I).
WY ................................................................ Yellowstone National Park .............................................................................................. Rehabilitate Old Faithful Wastewater Collection and Treatment System ...................... 33,630,000
Mult. ............................................................. Preservation Maintenance Action Teams at Multiple Parks .......................................... .......................................................................................................................................... 20,000,000
2024+ Project Planning and Compliance ...................................................................... .......................................................................................................................................... 224,600,000
Program Administration (Indirect Costs) ........................................................................ .......................................................................................................................................... 39,900,000
Project Management ....................................................................................................... .......................................................................................................................................... 46,816,000
Contingency Fund ............................................................................................................ .......................................................................................................................................... 242,783,268
Sequestration, 2023 ........................................................................................................ .......................................................................................................................................... (75,810,000)
Previously Sequestered Budget Authority, 2022 ............................................................. .......................................................................................................................................... 75,810,000
TOTAL, NATIONAL PARK SERVICE PROJECTS ................................................................... .......................................................................................................................................... 1,332,674,268
BUREAU OF INDIAN EDUCATION
AZ ................................................................. Shonto Preparatory School .............................................................................................. Shonto Preparatory School Employee Housing New (Replacement) or Improvement 11,636,000
Repair.
SSpencer on DSK126QN23PROD with SENATE-2
AZ ................................................................. Shonto Preparatory School .............................................................................................. Shonto Preparatory School Replacement ........................................................................ 60,482,000
SD ................................................................ Wounded Knee District School ........................................................................................ Wounded Knee District Employee Housing New (Replacement) or Improvement Repair 10,500,000
Program Administration (Indirect Costs) ........................................................................ .......................................................................................................................................... 2,850,000
Contingency Fund ............................................................................................................ .......................................................................................................................................... 9,723,093
Sequestration, 2023 ........................................................................................................ .......................................................................................................................................... (5,415,000)
Previously Sequestered Budget Authority, 2022 ............................................................. .......................................................................................................................................... 5,415,000
TOTAL, BUREAU OF INDIAN EDUCATION PROJECTS ......................................................... .......................................................................................................................................... 95,191,093
U.S. FOREST SERVICE
Mult. ............................................................. Research and Development Stations .............................................................................. Research and Development Deferred Maintenance ........................................................ 12,686,500
MT ................................................................ Beaverhead-Deerlodge National Forest ........................................................................... Beaverhead-Deerlodge National Forest Deferred Maintenance ...................................... 2,291,000
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00164 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.274 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8717
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2023—Continued
State(s) Station or Unit Name Project Funding Amount
ID, MT .......................................................... Bitterroot National Forest ................................................................................................ Bitterroot National Forest Deferred Maintenance ........................................................... 1,105,000
MT ................................................................ Custer Gallatin National Forest ...................................................................................... Custer Gallation National Forest Deferred Maintenance ................................................ 4,380,300
ND, SD ......................................................... Dakota Prairie Grasslands .............................................................................................. Dakota Prairie Grasslands Deferred Maintenance .......................................................... 374,000
MT ................................................................ Flathead National Forest ................................................................................................. Flathead National Forest Deferred Maintenance ............................................................ 2,208,800
MT ................................................................ Helena-Lewis and Clark National Forest ........................................................................ Helena-Lewis and Clark National Forest Deferred Maintenance ................................... 5,020,000
ID ................................................................. Idaho Panhandle National Forests .................................................................................. Idaho Panhandle National Forests Deferred Maintenance ............................................. 6,369,000
MT ................................................................ Kootenai National Forest ................................................................................................. Kootenai National Forest Deferred Maintenance ............................................................ 584,000
MT ................................................................ Lolo National Forest ........................................................................................................ Lolo National Forest Deferred Maintenance .................................................................... 2,255,000
ID ................................................................. Nez Perce-Clearwater National Forests ........................................................................... Nez Perce-Clearwater National Forests Deferred Maintenance ...................................... 4,215,100
CO ................................................................ Arapaho and Roosevelt National Forests and Pawnee National Grassland .................. Arapaho and Roosevelt National Forests and Pawnee National Grassland Deferred 4,099,300
Maintenance.
WY ................................................................ Bighorn National Forest .................................................................................................. Bighorn National Forest Deferred Maintenance .............................................................. 3,612,100
SD ................................................................ Black Hills National Forest ............................................................................................. Black Hills National Forest Deferred Maintenance ......................................................... 2,505,400
CO ................................................................ Grand Mesa, Uncompahgre, and Gunnison National Forests ........................................ Grand Mesa, Uncompahgre, and Gunnison National Forest Deferred Maintenance ..... 3,895,800
CO ................................................................ Medicine Bow-Routt National Forest .............................................................................. Medicine Bow-Routt National Forest Deferred Maintenance .......................................... 922,500
CO ................................................................ Pike-San Isabel National Forests and Cimarron and Comanche National Grasslands Pike-San Isabel National Forests and Cimarron and Comanche National Grasslands 1,017,000
Deferred Maintenance.
CO ................................................................ Rio Grande National Forest ............................................................................................. Rio Grande National Forest Deferred Maintenance ........................................................ 413,000
WY ................................................................ Shoshone National Forest ............................................................................................... Shoshone First Forest and Facility Maintenance ............................................................ 729,000
CO ................................................................ White River National Forest ............................................................................................ White River National Forest Deferred Maintenance ........................................................ 7,088,000
AZ ................................................................. Apache-Sitgreaves National Forests ............................................................................... Forest-Wide Developed Recreation Site Renovation ....................................................... 650,000
NM ................................................................ Carson National Forest ................................................................................................... Carson National Forest Deferred Maintenance ............................................................... 2,798,600
NM ................................................................ Cibola National Forest .................................................................................................... Sandia Crest Recreation Complex Design and Construction ......................................... 1,601,500
AZ ................................................................. Coconino National Forest ................................................................................................ Coconino National Forest Deferred Maintenance ............................................................ 870,000
AZ ................................................................. Coronado National Forest ................................................................................................ Coronado National Forest Deferred Maintenance ........................................................... 2,473,000
NM ................................................................ Gila National Forest ........................................................................................................ Gila National Forest Deferred Maintenance .................................................................... 5,640,000
AZ ................................................................. Kaibab National Forest ................................................................................................... Road 307 and Road 310 Improvements and Parking Lot Reconstruction .................... 578,000
NM ................................................................ Lincoln National Forest ................................................................................................... Cedar Creek Trail Access Capital Improvement ............................................................. 175,000
AZ ................................................................. Prescott National Forest .................................................................................................. Trails Deferred Maintenance ........................................................................................... 225,000
NM ................................................................ Santa Fe National Forest ................................................................................................ Santa Fe National Forest Deferred Maintenance ............................................................ 8,193,000
AZ ................................................................. Southwestern Region ....................................................................................................... Arizona National Scenic Trail (AZT) Deferred Maintenance ........................................... 360,000
AZ ................................................................. Tonto National Forest ...................................................................................................... Retrofitting Four Composting toilets to Vault toilets ..................................................... 418,500
UT, WY ......................................................... Ashley National Forest .................................................................................................... Ashley National Forest Deferred Maintenance ................................................................ 1,743,000
ID ................................................................. Boise National Forest ...................................................................................................... Boise National Forest Deferred Maintenance ................................................................. 909,000
WY ................................................................ Bridger-Teton National Forest ......................................................................................... Bridger-Teton National Forest Deferred Maintenance .................................................... 788,000
ID, WY .......................................................... Caribou-Targhee National Forest .................................................................................... Caribou-Targhee National Forest Deferred Maintenance ................................................ 2,082,000
UT ................................................................. Dixie National Forest ....................................................................................................... Duck Creek Campground Deferred Maintenance Reduction .......................................... 1,728,500
UT ................................................................. Fishlake National Forest ................................................................................................. Fishlake National Forest Deferred Maintenance ............................................................. 4,171,200
CA, NV .......................................................... Humboldt-Toiyabe National Forest .................................................................................. Humboldt-Toiyabe National Forest Deferred Maintenance ............................................. 981,500
UT ................................................................. Manti-La Sal National Forest .......................................................................................... Manti-La Sal National Forest Deferred Maintenance ..................................................... 1,123,500
ID ................................................................. Payette National Forest ................................................................................................... Payette National Forest Deferred Maintenance .............................................................. 1,574,000
ID ................................................................. Salmon-Challis National Forest ...................................................................................... Salmon-Challis National Forest Deferred Maintenance .................................................. 1,169,300
ID ................................................................. Sawtooth National Forest ................................................................................................ Sawtooth National Forest Deferred Maintenance ........................................................... 1,273,800
UT ................................................................. Uinta-Wasatch-Cache National Forest ............................................................................ Uinta-Wasatch-Cache National Forest Deferred Maintenance ....................................... 5,010,300
CA ................................................................ Angeles National Forest .................................................................................................. Angeles National Forest Deferred Maintenance .............................................................. 1,750,000
CA ................................................................ Eldorado National Forest ................................................................................................. Eldorado National Forest Deferred Maintenance ............................................................ 3,570,000
CA ................................................................ Inyo National Forest ........................................................................................................ Inyo National Forest Deferred Maintenance .................................................................... 13,840,300
CA ................................................................ Lake Tahoe Basin Management Unit .............................................................................. Bayview Parking Lot Upgrades ....................................................................................... 400,000
CA ................................................................ Lassen National Forest ................................................................................................... Recreation Deferred Maintenance ................................................................................... 555,600
CA ................................................................ Mendocino National Forest .............................................................................................. Critical Forest-Wide Roof Replacement .......................................................................... 122,000
CA ................................................................ Modoc National Forest .................................................................................................... Blue Lake Recreation Improvements .............................................................................. 2,550,000
CA ................................................................ Plumas National Forest ................................................................................................... Plumas National Forest Fire Detection and Recreation Lookouts Deferred Mainte- 531,000
nance Upgrades.
CA ................................................................ San Bernardino National Forest ...................................................................................... San Bernardino National Forest Deferred Maintenance ................................................. 270,000
CA ................................................................ Sierra National Forest ..................................................................................................... Sierra National Forest Deferred Maintenance ................................................................. 8,619,300
CA ................................................................ Tahoe National Forest ..................................................................................................... Tahoe Public Service Center and Hotshot Facilities Modernization ............................... 1,400,000
WA ................................................................ Columbia River Gorge National Scenic Area .................................................................. Columbia River Gorge National Scenic Area Deferred Maintenance ............................. 1,066,700
WA ................................................................ Colville National Forest ................................................................................................... Colville National Forest Deferred Maintenance .............................................................. 1,705,000
OR ................................................................ Deschutes National Forest .............................................................................................. Forest-Wide Trail Bridge Reconstruction ........................................................................ 130,000
OR ................................................................ Fremont-Winema National Forest .................................................................................... Oregon Timber Trail Access Improvements Recreation .................................................. 150,000
WA ................................................................ Gifford Pinchot National Forest ...................................................................................... Gifford Pinchot National Forest Deferred Maintenance .................................................. 2,775,000
WA ................................................................ Mt. Baker-Snoqualmie National Forest ........................................................................... Mt. Baker-Snoqualmie National Forest Deferred Maintenance ...................................... 3,835,000
OR ................................................................ Mt. Hood National Forest ................................................................................................ Timberline Lodge Boiler System Replacement ................................................................ 7,000,000
OR ................................................................ Ochoco National Forest ................................................................................................... Ochoco National Forest Deferred Maintenance ............................................................... 3,425,500
WA ................................................................ Okanogan-Wenatchee National Forest ............................................................................ Okanogan-Wenatchee National Forest Deferred Maintenance ........................................ 1,810,000
OR, WA ......................................................... Pacific Northwest Region ................................................................................................ Pacific Northwest Region-Wide Deferred Maintenance .................................................. 1,300,000
OR ................................................................ Rogue River-Siskiyou National Forest ............................................................................. Quosatana Campground Septic Replacements .............................................................. 175,000
OR ................................................................ Siuslaw National Forest .................................................................................................. Vssitor Center and Roof Replacements .......................................................................... 400,000
OR ................................................................ Umatilla National Forest ................................................................................................. Blue Mountain Scenic Byway Chip Seal ......................................................................... 500,000
OR ................................................................ Umpqua National Forest ................................................................................................. Umpqua National Forest Deferred Maintenance ............................................................. 2,310,000
OR ................................................................ Wallowa-Whitman National Forest .................................................................................. Wallowa-Whitman National Forest Deferred Maintenance ............................................. 1,800,000
OR ................................................................ Willamette National Forest .............................................................................................. Willamette National Forest Deferred Maintenance ......................................................... 1,670,000
TN ................................................................. Cherokee National Forest ................................................................................................ Cherokee National Forest Deferred Maintenance ............................................................ 9,595,700
SC ................................................................ Francis Marion-Sumter National Forests ........................................................................ Palmetto Trail Enoree Passage Rehabilitation ............................................................... 70,000
VA ................................................................. George Washington and Jefferson National Forests ....................................................... George Washington-Jefferson National Forests Deferred Maintenance .......................... 3,936,700
AL ................................................................. National Forests in Alabama .......................................................................................... National Forests in Alabama Deferred Maintenance ...................................................... 2,065,700
FL ................................................................. National Forests in Florida ............................................................................................. National Forests in Florida Deferred Maintenance ......................................................... 2,070,000
MS ................................................................ National Forests in Mississippi ...................................................................................... Turkey Fork Recreation Area Boat Launch Resurfacing ................................................. 450,000
NC ................................................................ National Forests in North Carolina ................................................................................. National Forests in North Carolina Deferred Maintenance ............................................ 3,781,300
AR ................................................................ Ouachita National Forest ................................................................................................ Shady Lake Recreation Site Day Use Renovation ........................................................... 1,300,000
AR ................................................................ Ozark-St. Francis National Forests ................................................................................. Ozark-St Francis National Forest Deferred Maintenance ............................................... 7,181,900
PA ................................................................. Allegheny National Forest ............................................................................................... Allegheny National Forest Deferred Maintenance ........................................................... 6,849,300
WI ................................................................. Chequamegon-Nicolet National Forest ............................................................................ Chequamegon-Nicolet National Forest Deferred Maintenance ....................................... 1,603,000
MN ................................................................ Chippewa National Forest ............................................................................................... Chippewa National Forest Deferred Maintenance .......................................................... 638,700
NY, VT .......................................................... Green Mountain and Finger Lakes National Forests ...................................................... Green Mountain and Finger Lakes National Forest Deferred Maintenance ................... 661,200
MI ................................................................. Hiawatha National Forest ............................................................................................... Hiawatha National Forest Deferred Maintenance ........................................................... 990,900
IN ................................................................. Hoosier National Forest ................................................................................................... Hoosier National Forest Deferred Maintenance .............................................................. 866,000
MI ................................................................. Huron-Manistee National Forests .................................................................................... Huron-Manistee National Forest Deferred Maintenance ................................................. 2,075,000
MO ................................................................ Mark Twain National Forest ............................................................................................ Mark Twain National Forest Deferred Maintenance ....................................................... 1,650,200
WV ................................................................ Monongahela National Forest ......................................................................................... Monongahela National Forest Deferred Maintenance ..................................................... 1,092,000
MI ................................................................. Ottawa National Forest ................................................................................................... Ottawa National Forest Deferred Maintenance ............................................................... 1,115,000
IL .................................................................. Shawnee National Forest ................................................................................................ Shawnee National Forest Deferred Maintenance ............................................................ 2,500,000
MN ................................................................ Superior National Forest ................................................................................................. Superior National Forest Deferred Maintenance ............................................................. 2,420,000
OH ................................................................ Wayne National Forest .................................................................................................... Wayne National Forest Deferred Maintenance ................................................................ 855,300
NH ................................................................ White Mountain National Forest ..................................................................................... White Mountain National Forest Deferred Maintenance ................................................. 967,900
AK ................................................................. Chugach National Forest ................................................................................................ Chugach National Forest Deferred Maintenance ............................................................ 2,085,000
AK ................................................................. Tongass National Forest ................................................................................................. Tongass National Forest Deferred Maintenance ............................................................. 14,398,000
Administrative Funds ...................................................................................................... .......................................................................................................................................... 21,568,300
Contingency Fund ............................................................................................................ .......................................................................................................................................... 16,788,142
Sequestration, 2023 ........................................................................................................ .......................................................................................................................................... (16,245,000)
Previously Sequestered Budget Authority, 2022 ............................................................. .......................................................................................................................................... 16,247,749
TOTAL, U.S. FOREST SERVICE PROJECTS ........................................................................ .......................................................................................................................................... 285,545,891
SSpencer on DSK126QN23PROD with SENATE-2
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2022 REVISIONS
U.S. FISH AND WILDLIFE SERVICE
DE ................................................................ Coastal Delaware NWR Complex ..................................................................................... Eliminate DM Backlog at Prime Hook NWR and Bombay Hook NWR ............................ 5,480,000
Mult. ............................................................. MAT Strikeforce ............................................................................................................... National Maintenance Action Team, Year 2 ................................................................... 2,000,000
NY ................................................................ Montezuma NWR ............................................................................................................. Consolidate and Modernize Public Use Facilities and Improve Recreational Access ... 7,071,000
NATIONAL PARK SERVICE
CA ................................................................ Yosemite National Park ................................................................................................... Ahwahnee Hotel and Correct Critical Safety Hazards (Rescoped) ................................. 34,213,059
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00165 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.274 S20DEPT2
S8718 CONGRESSIONAL RECORD — SENATE December 20, 2022
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2023—Continued
State(s) Station or Unit Name Project Funding Amount
NC ................................................................ Blue Ridge Parkway ........................................................................................................ Rehabilitate Sections of Blue Ridge Parkway in North Carolina (Rescoped) ................ 26,789,000
VA ................................................................. Blue Ridge Parkway ........................................................................................................ Rehabilitate Sections of Blue Ridge Parkway in Virginia (Rescoped) ........................... 32,834,000
WY ................................................................ Yellowstone National Park .............................................................................................. Rehabilitate/Replace Canyon & Grant Village Wastewater Collection and Treatment 52,588,000
Systems (Rescoped).
U.S. FOREST SERVICE
CA ................................................................ Mendocino National Forest .............................................................................................. Mendocino National Forest Deferred Maintenance ......................................................... 250,000
CA ................................................................ Plumas National Forest ................................................................................................... Plumas National Forest Deferred Maintenance .............................................................. 436,000
CA ................................................................ Cleveland National Forest ............................................................................................... Cleveland National Forest Deferred Maintenance .......................................................... 1,420,000
MO ................................................................ Mark Twain National Forest ............................................................................................ Mark Twain National Forest Deferred Maintenance ....................................................... 1,694,000
MO ................................................................ Ottawa National Forest ................................................................................................... South Branch Paint River Bridge Replacement for Timber Access and Recreation ..... 1,030,000
WV ................................................................ Monongahela National Forest ......................................................................................... Monongahela National Forest Deferred Maintenance ..................................................... 7,364,370
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2021 REVISIONS
BUREAU OF LAND MANAGEMENT
CO ................................................................ Grand Junction Air Center ............................................................................................... Grand Junction Air Center Repair Containment Pond .................................................... 172,967
MT ................................................................ Western Montana District ............................................................................................... Moose Creek Road Resurfacing ...................................................................................... 450,000
NM ................................................................ Las Cruces District ......................................................................................................... Caballo-Cooke’s Road Repairs ........................................................................................ 103,430
NM ................................................................ Las Cruces District ......................................................................................................... Permian Trackways Road Repairs .................................................................................. 199,999
WY ................................................................ High Plains District ......................................................................................................... Mills Ware Yard Paving .................................................................................................. 299,983
Contingency Fund ............................................................................................................ .......................................................................................................................................... 349,821
NATIONAL PARK SERVICE
AZ ................................................................. Grand Canyon National Park .......................................................................................... Rehabilitate and Preserve Historic Powerhouse Building for Future Use ...................... 0
NC ................................................................ Blue Ridge Parkway ........................................................................................................ Blue Ridge Parkway Reconstruction (NC) (Rescoped) ................................................... 123,500,000
WA ................................................................ Mount Rainier National Park .......................................................................................... Rehabilitate Ohanapecosh Campground and Replace Sewer Collection System 2,886,000
(Rescoped).
Contingency Fund ............................................................................................................ .......................................................................................................................................... 20,223,010
BUREAU OF INDIAN EDUCATION
AZ, NM ......................................................... Navajo Region ................................................................................................................. Navajo—Education Demolition Project C (Rescoped) .................................................... 7,112,000
ND, SD ......................................................... Great Plains Region ........................................................................................................ Great Plains—Education Demolition Project .................................................................. 524,272
U.S. FOREST SERVICE
SD ................................................................ Dakota Prairie Grasslands .............................................................................................. Forest Road 5733 Reconditioning and Drainage Repairs .............................................. 0
ND ................................................................ Dakota Prairie Grasslands .............................................................................................. Civilian Conservation Corps Campground Updates near Maah-Daah-Hey Trail, Theo- 375,000
dore National Park and Bakken Oil Formation.
CO ................................................................ Pike-San Isabel National Forests and Cimarron and Comanche National Grasslands Devil’s Head Toilet Replacement .................................................................................... 0
CO ................................................................ Pike-San Isabel National Forests and Cimarron and Comanche National Grasslands Vault Toilet Replacement ................................................................................................ 329,000
NV ................................................................ Humboldt-Toiyabe National Forest .................................................................................. Lamoille Canyon Road Pavement Preservation .............................................................. 0
NV ................................................................ Humboldt-Toiyabe National Forest .................................................................................. Mt Rose and Tahoe Meadows Restroom Reconstruction ............................................... 828,500
CA ................................................................ Mendocino National Forest .............................................................................................. Hammerhorn Accessibility Improvements ....................................................................... 0
CA ................................................................ Cleveland National Forest ............................................................................................... Renovate Blue Jay Campground ..................................................................................... 385,000
WV ................................................................ Monongahela National Forest ......................................................................................... Elleber North Fork Deer Creek Bridge Replacement ....................................................... 0
WV ................................................................ Monongahela National Forest ......................................................................................... West Fork Greenbrier Bridge Replacement for Laurel Fork Wilderness Access ............. 0
WI ................................................................. Chequamegon-Nicolet National Forest ............................................................................ South Branch Oconto River Accessible Fishing Pier Replacement ................................ 520,042
MI ................................................................. Ottawa National Forest ................................................................................................... South Branch Paint River Bridge Replacement for Timber Access and Recreation ..... 520,042
PA ................................................................. Grey Towers National Historic Site ................................................................................. Replace Temporary Structure at Grey Towers National Historic Site ............................. 0
PA ................................................................. Grey Towers National Historic Site ................................................................................. Grey Towers Deferred Maintenance ................................................................................. 75,000
PR ................................................................ El Yunque National Forest .............................................................................................. El Portal Bridge Replacement and Visitor Improvements .............................................. 0
VA ................................................................. George Washington and Jefferson National Forests ....................................................... Lower Sherando Dam Spillway Upgrade ......................................................................... 0
AR ................................................................ Ozark-St Francis National Forests .................................................................................. Cove Lake Dam Spillway Rehabilitation ......................................................................... 315,000
AR ................................................................ Ozark-St Francis National Forests .................................................................................. Bear Creek Lake Spillway Rehabilitation ........................................................................ 1,200,000
Mission Support funds .................................................................................................... .......................................................................................................................................... 22,742,907
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2023
State(s) Agency—Account—Activity—Project Funding Amount
OFFICE OF THE SECRETARY
................................................................ Departmental Operations.
................................................................ Appraisal and Valuation Services—Federal Lands ...................................................................................................................................................................................................... 19,000,000
................................................................ TOTAL, OFFICE OF THE SECRETARY ............................................................................................................................................................................................................................... 19,000,000
BUREAU OF LAND MANAGEMENT
................................................................ Land Acquisition.
................................................................ Acquisition Management ............................................................................................................................................................................................................................................... 8,137,000
................................................................ Recreational Access ....................................................................................................................................................................................................................................................... 20,500,000
................................................................ Inholdings, Emergencies & Hardships .......................................................................................................................................................................................................................... 13,500,000
Mult. ............................................................. California National Historical Trail (CA/NV) .................................................................................................................................................................................................................. 2,000,000
MT ................................................................ Big Hole River Access ................................................................................................................................................................................................................................................... 5,300,000
ID .................................................................. Upper Snake/South Fork River Special Recreation Management Area and Tex Creek Wildlife Management Area ..................................................................................................... 6,250,000
OR ................................................................ Pipe Fork-Port Orford Cedar Research Natural Area .................................................................................................................................................................................................... 500,000
MT ................................................................ Blackfoot River Watershed ............................................................................................................................................................................................................................................ 1,000,000
WY ................................................................ Mule Creek Ranch ......................................................................................................................................................................................................................................................... 1,700,000
NM ................................................................ Rio Grande del Norte National Monument .................................................................................................................................................................................................................... 9,990,000
OR ................................................................ Cascade-Siskiyou National Monument .......................................................................................................................................................................................................................... 1,200,000
................................................................ Subtotal, Land Acquisition Projects .............................................................................................................................................................................................................................. 27,940,000
................................................................ TOTAL, BUREAU OF LAND MANAGEMENT ....................................................................................................................................................................................................................... 70,077,000
U.S. FISH AND WILDLIFE SERVICE
................................................................ Land Acquisition.
................................................................ Highlands Conservation Act (Public Law 108–421) ..................................................................................................................................................................................................... 10,000,000
................................................................ Land Acquisition Management ...................................................................................................................................................................................................................................... 18,028,000
................................................................ Sportsmen and Recreational Access ............................................................................................................................................................................................................................. 15,500,000
................................................................ Inholding/Emergencies and Hardships .......................................................................................................................................................................................................................... 10,000,000
................................................................ Exchanges ...................................................................................................................................................................................................................................................................... 1,591,000
................................................................ Land Protection Planning .............................................................................................................................................................................................................................................. 493,000
SSpencer on DSK126QN23PROD with SENATE-2
ME ................................................................ Rachel Carson National Wildlife Refuge ....................................................................................................................................................................................................................... 2,000,000
TX ................................................................. Lower Rio Grande National Wildlife Refuge .................................................................................................................................................................................................................. 3,000,000
Mult. ............................................................. Great Thicket National Wildlife Refuge (CT/MA/ME/NH/NY/RI) ..................................................................................................................................................................................... 1,500,000
AR ................................................................. Cache River National Wildlife Refuge ........................................................................................................................................................................................................................... 1,000,000
Mult. ............................................................. Dakota Grassland Conservation Area (ND/SD) .............................................................................................................................................................................................................. 3,000,000
Mult. ............................................................. Silvio O. Conte National Fish and Wildlife Refuge (CT/MA/NH/VT) .............................................................................................................................................................................. 3,000,000
Mult. ............................................................. Northern Tallgrass Prairie National Wildlife Refuge (IA/MN) ........................................................................................................................................................................................ 500,000
TX ................................................................. Laguna Atascosa National Wildlife Refuge ................................................................................................................................................................................................................... 4,000,000
CA ................................................................. Sacramento River National Wildlife Refuge .................................................................................................................................................................................................................. 1,000,000
FL ................................................................. Everglades Headwaters National Wildlife Refuge/Conservation Area ........................................................................................................................................................................... 4,000,000
PA ................................................................. Cherry Valley National Wildlife Refuge ......................................................................................................................................................................................................................... 3,000,000
Mult. ............................................................. Dakota Tallgrass Prairie Wildlife Management Area (ND/SD) ...................................................................................................................................................................................... 1,000,000
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8719
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2023—Continued
State(s) Agency—Account—Activity—Project Funding Amount
Mult. ............................................................. Hackmatack National Wildlife Refuge (IL/WI) ............................................................................................................................................................................................................... 1,100,000
CA ................................................................. Grasslands Wildlife Management Area ......................................................................................................................................................................................................................... 1,000,000
AK ................................................................. Alaska Refuges .............................................................................................................................................................................................................................................................. 2,800,000
AR ................................................................. Felsenthal National Wildlife Refuge .............................................................................................................................................................................................................................. 3,000,000
FL ................................................................. St. Marks National Wildlife Refuge ............................................................................................................................................................................................................................... 2,000,000
WA ................................................................ Willapa National Wildlife Refuge .................................................................................................................................................................................................................................. 3,500,000
MT ................................................................ Montana Conservation Areas ......................................................................................................................................................................................................................................... 12,000,000
IN .................................................................. Patoka River National Wildlife Refuge .......................................................................................................................................................................................................................... 2,500,000
CA ................................................................. San Joaquin River National Wildlife Refuge ................................................................................................................................................................................................................. 2,000,000
CA ................................................................. Tulare Basin Wildlife Management Area ....................................................................................................................................................................................................................... 1,000,000
MO ................................................................ Big Muddy National Fish and Wildlife Refuge .............................................................................................................................................................................................................. 429,000
................................................................ Subtotal, Land Acquisition Projects .............................................................................................................................................................................................................................. 58,329,000
................................................................ Total, Land Acquisition .................................................................................................................................................................................................................................................. 113,941,000
................................................................ Cooperative Endangered Species Conservation Fund.
................................................................ Species Recovery Land Acquisition ............................................................................................................................................................................................................................... 11,162,000
................................................................ Habitat Conservation Plan Acquisition ......................................................................................................................................................................................................................... 21,638,000
................................................................ Total, Cooperative Endangered Species Conservation Fund ......................................................................................................................................................................................... 32,800,000
................................................................ TOTAL, U.S. FISH AND WILDLIFE SERVICE ..................................................................................................................................................................................................................... 146,741,000
NATIONAL PARK SERVICE
................................................................ Land Acquisition and State Assistance.
................................................................ State Conservation Grants ............................................................................................................................................................................................................................................ 200,000,000
................................................................ LWCF Outdoor Recreation Legacy Grants ...................................................................................................................................................................................................................... 125,000,000
................................................................ State Conservation Grants Administration .................................................................................................................................................................................................................... 11,028,000
................................................................ Subtotal, State Assistance ............................................................................................................................................................................................................................................ 336,028,000
................................................................ American Battlefield Protection Program (Public Law 113–287) ................................................................................................................................................................................. 20,000,000
................................................................ Acquisition Management ............................................................................................................................................................................................................................................... 14,500,000
................................................................ Recreational Access ....................................................................................................................................................................................................................................................... 14,500,000
................................................................ Emergencies, Hardships, Relocations, and Deficiencies .............................................................................................................................................................................................. 3,421,000
...................................................................... Inholding, Donations, and Exchanges ........................................................................................................................................................................................................................... 7,000,000
HI .................................................................. Haleakala National Park ................................................................................................................................................................................................................................................ 12,900,000
FL ................................................................. Timucuan Ecological and Historic Preserve .................................................................................................................................................................................................................. 4,950,000
CA ................................................................. Santa Monica Mountains National Recreation Area ..................................................................................................................................................................................................... 12,600,000
GA ................................................................. Cumberland Island National Seashore .......................................................................................................................................................................................................................... 2,850,000
AR ................................................................. Buffalo National River ................................................................................................................................................................................................................................................... 1,635,000
FL ................................................................. Big Cypress National Preserve ...................................................................................................................................................................................................................................... 1,500,000
TN ................................................................. Big South Fork National River and Recreation Area .................................................................................................................................................................................................... 5,600,000
Mult. ............................................................. Battlefield Parks ............................................................................................................................................................................................................................................................ 2,500,000
NY ................................................................. Home of Franklin D. Roosevelt National Historic Site .................................................................................................................................................................................................. 840,000
MT ................................................................ Bighorn Canyon National Recreation Area .................................................................................................................................................................................................................... 770,000
GA ................................................................. Ocmulgee Mounds National Historical Park .................................................................................................................................................................................................................. 1,150,000
SC ................................................................. Congaree National Park ................................................................................................................................................................................................................................................. 200,000
NM ................................................................ Petroglyph National Monument ..................................................................................................................................................................................................................................... 2,630,000
MI ................................................................. Sleeping Bear Dunes National Lakeshore ..................................................................................................................................................................................................................... 2,170,000
AZ ................................................................. Saguaro National Park .................................................................................................................................................................................................................................................. 4,125,000
AZ ................................................................. Petrified Forest National Park ....................................................................................................................................................................................................................................... 1,235,000
GA ................................................................. Cumberland Island National Seashore .......................................................................................................................................................................................................................... 8,700,000
................................................................ Subtotal, Land Acquisition Projects .............................................................................................................................................................................................................................. 66,355,000
................................................................ TOTAL, NATIONAL PARK SERVICE ................................................................................................................................................................................................................................... 461,804,000
U.S. FOREST SERVICE
................................................................ Land Acquisition.
................................................................ Acquisition Management ............................................................................................................................................................................................................................................... 14,000,000
................................................................ Recreational Access ....................................................................................................................................................................................................................................................... 17,000,000
................................................................ Critical Inholdings/Wilderness ....................................................................................................................................................................................................................................... 5,500,000
................................................................ Cash Equalization .......................................................................................................................................................................................................................................................... 250,000
AK ................................................................. Chugach National Forest ............................................................................................................................................................................................................................................... 4,000,000
WA ................................................................ Okanogan-Wenatchee National Forest ........................................................................................................................................................................................................................... 6,500,000
NC ................................................................ National Forests in North Carolina ............................................................................................................................................................................................................................... 3,600,000
MT ................................................................ Lolo National Forest ....................................................................................................................................................................................................................................................... 9,000,000
GA ................................................................. Chattahoochee-Oconee National Forests ....................................................................................................................................................................................................................... 8,050,000
OR ................................................................ Umatilla National Forest ............................................................................................................................................................................................................................................... 10,000,000
CO ................................................................ Rio Grande National Forest ........................................................................................................................................................................................................................................... 8,000,000
MT ................................................................ Beaverhead-Deerlodge National Forest ......................................................................................................................................................................................................................... 3,000,000
AZ ................................................................. Prescott National Forest ................................................................................................................................................................................................................................................ 9,500,000
SC ................................................................. Francis Marion and Sumter National Forests ............................................................................................................................................................................................................... 5,000,000
CA ................................................................. Tahoe National Forest .................................................................................................................................................................................................................................................... 9,750,000
MT ................................................................ Custer Gallatin National Forest ..................................................................................................................................................................................................................................... 2,000,000
PR ................................................................. El Yunque National Forest ............................................................................................................................................................................................................................................. 2,388,000
CO ................................................................ Pike and San Isabel National Forests ........................................................................................................................................................................................................................... 3,400,000
VT ................................................................. Green Mountain National Forest—Taconic Gateway/Big Spruce .................................................................................................................................................................................. 3,500,000
................................................................ Subtotal, Land Acquisition Projects .............................................................................................................................................................................................................................. 87,688,000
................................................................ Total, Land Acquisition .................................................................................................................................................................................................................................................. 124,438,000
................................................................ Forest Legacy Program.
................................................................ Administrative Funds ..................................................................................................................................................................................................................................................... 8,000,000
MT ................................................................ Upper Thompson Connectivity Project ........................................................................................................................................................................................................................... 6,000,000
WI ................................................................. Pelican River-Forest Project .......................................................................................................................................................................................................................................... 11,000,000
ID .................................................................. International Selkirk Loop Conservation Project ........................................................................................................................................................................................................... 7,000,000
FL ................................................................. Wolfe Creek Forest Project ............................................................................................................................................................................................................................................. 9,155,000
ME ................................................................ South Bog Stream & Beaver Mountain Project ............................................................................................................................................................................................................. 3,665,000
HI .................................................................. Kaneohe Pali Project ...................................................................................................................................................................................................................................................... 1,800,000
CA ................................................................. Trinity Timberlands Project ............................................................................................................................................................................................................................................ 3,000,000
GA ................................................................. Suwannee River Headwaters Forest Project .................................................................................................................................................................................................................. 1,860,000
VA ................................................................. Southern Shenandoah Borderlands Project ................................................................................................................................................................................................................... 7,095,000
WA ................................................................ Kittitas Working Forest Project ...................................................................................................................................................................................................................................... 5,700,000
MS ................................................................ Wolf River Forest Conservation Project ......................................................................................................................................................................................................................... 7,000,000
AR ................................................................. Hot Springs Forest Project ............................................................................................................................................................................................................................................. 1,345,000
SC ................................................................. Southern Coastal Biodiversity Project ........................................................................................................................................................................................................................... 3,975,000
HI .................................................................. Maunawili Valley Project ............................................................................................................................................................................................................................................... 1,345,000
................................................................ Subtotal, Forest Legacy Projects ................................................................................................................................................................................................................................... 69,940,000
................................................................ Total, Forest Legacy Program ........................................................................................................................................................................................................................................ 77,940,000
................................................................ TOTAL, U.S. FOREST SERVICE ........................................................................................................................................................................................................................................ 203,378,000
................................................................ TOTAL, LAND AND WATER CONSERVATION FUND FISCAL YEAR 2023 ........................................................................................................................................................................... 900,000,000
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2022 REVISIONS
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NATIONAL PARK SERVICE
PA ................................................................. Upper Delaware Scenic and Recreation River .............................................................................................................................................................................................................. 0
MA ................................................................ Lowell National Historical Park ..................................................................................................................................................................................................................................... 200,000
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2021 REVISIONS
BUREAU OF LAND MANAGEMENT
MT ................................................................ Big Snowy Mountain Access .......................................................................................................................................................................................................................................... 0
MT ................................................................ High Divide .................................................................................................................................................................................................................................................................... 12,100,000
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S8720 CONGRESSIONAL RECORD — SENATE December 20, 2022
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2023—Continued
State(s) Agency—Account—Activity—Project Funding Amount
NATIONAL PARK SERVICE
OH ................................................................ William Howard Taft National Historic Site .................................................................................................................................................................................................................. 0
KS ................................................................. Fort Scott National Historic Site ................................................................................................................................................................................................................................... 0
CO ................................................................ Dinosaur National Monument ........................................................................................................................................................................................................................................ 488,667
OH ................................................................ Cuyahoga Valley National Park ..................................................................................................................................................................................................................................... 5,081,333
MS ................................................................ Natchez National Historical Park .................................................................................................................................................................................................................................. 1,330,000
MA ................................................................ Lowell National Historical Park ..................................................................................................................................................................................................................................... 200,000
Mult. ............................................................. Inholdings and Recreational Access ............................................................................................................................................................................................................................. 375,000
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION items (as defined in clause 9 of rule XXI of
FUND FISCAL YEAR 2023 SEQUESTRATION FUND FISCAL YEAR 2023 SEQUESTRATION—Continued the Rules of the House of Representatives
(Amounts in thousands) (Amounts in thousands) and rule XLIV of the Standing Rules of the
Senate, respectively) included in the bill or
National Park Service-Land Acquisition and State Assistance
Office of the Secretary-Departmental Operations, Appraisal this explanatory statement, along with the
New Budget Authority, 2023 ................................................. 461,804
and Valuation Services—Federal Lands name of each House Member, Senator, Dele-
New Budget Authority, 2023 ................................................. 19,000 Previously Sequestered Budget Authority, 2022 ................... (25,496)
Previously Sequestered Budget Authority, 2022 ................... (1,083) Sequestration, 2023 .............................................................. 26,373 gate, or Resident Commissioner who sub-
Sequestration, 2023 .............................................................. 1,083 Net Budget Authority, 2023 .................................................. 462,681 mitted a request to the Committee of juris-
Net Budget Authority, 2023 .................................................. 19,000 U.S. Forest Service-Land Acquisition
New Budget Authority, 2023 ................................................. 124,438 diction for each item so identified. For each
Bureau of Land Management-Land Acquisition
New Budget Authority, 2023 ................................................. 70,077 Previously Sequestered Budget Authority, 2022 ................... (7,372) item, a Member is required to provide a cer-
Previously Sequestered Budget Authority, 2022 ................... (3,843) Sequestration, 2023 .............................................................. 7,076 tification that neither the Member nor the
Sequestration, 2023 .............................................................. 4,004 Net Budget Authority, 2023 .................................................. 124,142 Member’s immediate family has a financial
Net Budget Authority, 2023 .................................................. 70,328 U.S. Forest Service-Forest Legacy
Fish and Wildlife Service-Land Acquisition New Budget Authority, 2023 ................................................. 77,940 interest, and each Senator is required to pro-
New Budget Authority, 2023 ................................................. 113,941 Previously Sequestered Budget Authority, 2022 ................... (5,066) vide a certification that neither the Senator
Previously Sequestered Budget Authority, 2022 ................... (6,571) Sequestration, 2023 .............................................................. 4,405 nor the Senator’s immediate family has a pe-
Sequestration, 2023 .............................................................. 6,490 Net Budget Authority, 2023 .................................................. 77,279 cuniary interest in such congressionally di-
Net Budget Authority, 2023 .................................................. 113,860
Fish and Wildlife Service-Cooperative Endangered Species rected spending item. Neither the bill nor
DISCLOSURE OF EARMARKS AND CON-
Conservation Fund GRESSIONALLY DIRECTED SPENDING the explanatory statement contains any lim-
New Budget Authority, 2023 ................................................. 32,800 ited tax benefits or limited tariff benefits as
Previously Sequestered Budget Authority, 2022 ................... (1,870)
ITEMS
Following is a list of congressional ear- defined in the applicable House and Senate
Sequestration, 2023 .............................................................. 1,870
Net Budget Authority, 2023 .................................................. 32,800 marks and congressionally directed spending rules.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8721
DEPARTMENT OF THE INTERIOR, ENVI-
RONMENT, AND RELATED AGENCIES
[Community Project Funding/
Congressionally Directed Spending]
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S8722 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8723
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S8724 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8725
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S8726 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8727
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S8728 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8729
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S8730 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8731
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S8732 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8733
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S8734 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8735
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S8736 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8737
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S8738 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8739
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S8740 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8741
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S8742 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8743
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S8744 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8745
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S8746 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8747
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S8748 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8749
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S8750 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8751
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S8752 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8753
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S8754 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8755
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S8756 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8757
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S8758 CONGRESSIONAL RECORD — SENATE December 20, 2022
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S8759
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S8760 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1448 here 39060G.091
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00208 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8761
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1449 here 39060G.092
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00209 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8762 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1450 here 39060G.093
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00210 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8763
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1451 here 39060G.094
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00211 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8764 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1452 here 39060G.095
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00212 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8765
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1453 here 39060G.096
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00213 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8766 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1454 here 39060G.097
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00214 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8767
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1455 here 39060G.098
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00215 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8768 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1456 here 39060G.099
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00216 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8769
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1457 here 39060G.100
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00217 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8770 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1458 here 39060G.101
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00218 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8771
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1459 here 39060G.102
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00219 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8772 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1460 here 39060G.103
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00220 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8773
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1461 here 39060G.104
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00221 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8774 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1462 here 39060G.105
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00222 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8775
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1463 here 39060G.106
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00223 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8776 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1464 here 39060G.107
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00224 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8777
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1465 here 39060G.108
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00225 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8778 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1466 here 39060G.109
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00226 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8779
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1467 here 39060G.110
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00227 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8780 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1468 here 39060G.111
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00228 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8781
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1469 here 39060G.112
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00229 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8782 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1470 here 39060G.113
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00230 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8783
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1471 here 39060G.114
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00231 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8784 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1472 here 39060G.115
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00232 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8785
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1473 here 39060G.116
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00233 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8786 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1474 here 39060G.117
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00234 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8787
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1475 here 39060G.118
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00235 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8788 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1476 here 39060G.119
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00236 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8789
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1477 here 39060G.120
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00237 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8790 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1478 here 39060G.121
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00238 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8791
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1479 here 39060G.122
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00239 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8792 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1480 here 39060G.123
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00240 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8793
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1481 here 39060G.124
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00241 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8794 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1482 here 39060G.125
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00242 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8795
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1483 here 39060G.126
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00243 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8796 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1484 here 39060G.127
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00244 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8797
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1485 here 39060G.128
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00245 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8798 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1486 here 39060G.129
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00246 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8799
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1487 here 39060G.130
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00247 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8800 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1488 here 39060G.131
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00248 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8801
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1489 here 39060G.132
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00249 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8802 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1490 here 39060G.133
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00250 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8803
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1491 here 39060G.134
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00251 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8804 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1492 here 39060G.135
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00252 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8805
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1493 here 39060G.136
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00253 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8806 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1494 here 39060G.137
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00254 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8807
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1495 here 39060G.138
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00255 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8808 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1496 here 39060G.139
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00256 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8809
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1497 here 39060G.140
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00257 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8810 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1498 here 39060G.141
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00258 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8811
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1499 here 39060G.142
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00259 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8812 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1500 here 39060G.143
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00260 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8813
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1501 here 39060G.144
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00261 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8814 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1502 here 39060G.145
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00262 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8815
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1503 here 39060G.146
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00263 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8816 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1504 here 39060G.147
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00264 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8817
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1505 here 39060G.148
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00265 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8818 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1506 here 39060G.149
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00266 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8819
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1507 here 39060G.150
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00267 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8820 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1508 here 39060G.151
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00268 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8821
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1509 here 39060G.152
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00269 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8822 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1510 here 39060G.153
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00270 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8823
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1511 here 39060G.154
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00271 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8824 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1512 here 39060G.155
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00272 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8825
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1513 here 39060G.156
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00273 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8826 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1514 here 39060G.157
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00274 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8827
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1515 here 39060G.158
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00275 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8828 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1516 here 39060G.159
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00276 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8829
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1517 here 39060G.160
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00277 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8830 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1518 here 39060G.161
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00278 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8831
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1519 here 39060G.162
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00279 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8832 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1520 here 39060G.163
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00280 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8833
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1521 here 39060G.164
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00281 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8834 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1522 here 39060G.165
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00282 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8835
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1523 here 39060G.166
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00283 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8836 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1524 here 39060G.167
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00284 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8837
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1525 here 39060G.168
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00285 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8838 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1526 here 39060G.169
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00286 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8839
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1527 here 39060G.170
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00287 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8840 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1528 here 39060G.171
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00288 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8841
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1529 here 39060G.172
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00289 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8842 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1530 here 39060G.173
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00290 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8843
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1531 here 39060G.174
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00291 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8844 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1532 here 39060G.175
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00292 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8845
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1533 here 39060G.176
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00293 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8846 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1534 here 39060G.177
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00294 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8847
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1535 here 39060G.178
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00295 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8848 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1536 here 39060G.179
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00296 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8849
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1537 here 39060G.180
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00297 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8850 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1538 here 39060G.181
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00298 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
December 20, 2022 CONGRESSIONAL RECORD — SENATE S8851
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1539 here 39060G.182
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00299 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
S8852 CONGRESSIONAL RECORD — SENATE December 20, 2022
SSpencer on DSK126QN23PROD with SENATE-2
Insert offset folio 1540 here 39060G.183
VerDate Sep 11 2014 19:39 Dec 22, 2022 Jkt 039060 PO 00000 Frm 00300 Fmt 4624 Sfmt 0634 E:\CR\FM\A20DE6.275 S20DEPT2
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