Senate Amendments to the House Message on H.R. 2617 — Congressional Record, December 22, 2022
Summary
This is page S10062 of the Congressional Record, Senate, December 22, 2022, containing Senate proceedings on the House message to accompany H.R. 2617. The text reads an order of procedure under which amendments numbered 6561, 6555, 6559, 6621, 6563, 6576, 6577, 6569, 6558, 6588, 6596, 6595, 6597, 6607, and 6617 are called up en bloc by Mr. Schumer and voted on in order. It prints the text of Amendment No. 6561, to increase the voting threshold for budget points of order, and Amendment No. 6555, to eliminate all earmarks in the bill. Mr. Schumer states that the Senate has an agreement to vote on all of the amendments and then on final passage.
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“Senate Amendments to the House Message on H.R. 2617 — Congressional Record, December 22, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-12-22-crec-2022-12-22-pt1-pgs10062-f4efb08e23/
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S10062 CORRECTION CONGRESSIONAL RECORD — SENATE December 22, 2022
Cantwell Inhofe Rosen be the only matters remaining in order The PRESIDING OFFICER. Without
Capito Kaine Rounds
Cardin Kelly
to the House message with respect to objection, it is so ordered.
Schatz
Carper King Schumer H.R. 2617; that the amendments be AMENDMENT NOS. 6561, 6555, 6559, 6621, 6563, 6576,
Casey Klobuchar Shaheen called up en bloc, reported by number, 6577, 6569, 6558, 6588, 6596, 6595, 6597, 6607, 6617
Collins Leahy Sinema and considered in order: Paul, No. 6561, The PRESIDING OFFICER. Under
Coons Luján Smith
Cornyn Manchin
and a motion to waive; Johnson, No. the previous order, the following
Stabenow 6555; Johnson, No. 6559; Sinema-Tester, amendments will be called en bloc and
Cortez Masto Markey
Sullivan
Duckworth McConnell
Tester
No. 6621; Lee, No. 6563; Lee, No. 6576; reported by number.
Durbin Menendez Lankford, No. 6577; Braun, No. 6569; The legislative clerk read as follows:
Ernst Merkley Thune
Feinstein Moran Toomey Cassidy, No. 6558; Padilla-Cornyn, No. The Senator from New York [Mr. SCHUMER]
Fischer Murkowski Van Hollen 6588; Graham, No. 6596; Merkley, No. proposes amendments en bloc numbered 6561,
Gillibrand Murphy Warner 6595; Klobuchar-Lee, No. 6597; Gilli- 6555, 6559, 6621, 6563, 6576, 6577, 6569, 6558, 6588,
Grassley Murray Warnock 6596, 6595, 6597, 6607, 6617.
Warren
brand, No. 6607; Menendez-Cotton, No.
Hassan Ossoff The amendments are as follows:
Heinrich Padilla Whitehouse 6617; that the Senate then proceed to
Hickenlooper Peters Wicker the immediate consideration of the AMENDMENT NO. 6561
Hirono Portman Wyden Scott of Florida bill that is at the (Purpose: To increase the voting threshold
Hoeven Reed Young for budget points of order)
Hyde-Smith Romney
desk; that the bill be considered read a
third time and the Senate vote on pas- At the appropriate place, insert the fol-
NAYS—22 sage of the bill; that if the bill is lowing:
SEC. lll. VOTING THRESHOLD FOR BUDGET
Blackburn Hagerty Risch passed, the motion to reconsider be POINTS OF ORDER.
Boozman Hawley Rubio
Braun Johnson
considered made and laid upon the (a) DEFINITION.—In this section, the term
Scott (FL)
Cassidy Lankford Scott (SC)
table; that upon disposition of the ‘‘covered point of order’’ means a point of
Cotton Lee Shelby Scott bill, the Senate resume consider- order under the Congressional Budget Act of
Crapo Lummis Tuberville ation of the House message; further, 1974 (2 U.S.C. 621 et seq.), the Balanced Budg-
Cruz Marshall et and Emergency Deficit Control Act of 1985
Daines Paul
that the Senate then vote on the mo-
tion to waive, if made, and in relation (2 U.S.C. 900 et seq.), the Statutory Pay-As-
NOT VOTING—8 You-Go Act of 2010 (2 U.S.C. 931 et seq.), or a
to the amendments in the order listed; concurrent resolution on the budget.
Barrasso Graham Sasse that upon disposition of the amend- (b) VOTING THRESHOLD.—In the Senate—
Burr Kennedy Tillis
Cramer Sanders
ments, the motion to refer be with- (1) a covered point of order may be waived
drawn, amendment No. 6571 be with- only by the affirmative vote of two-thirds of
The nomination was confirmed. drawn, and the Senate then vote on the the Members, duly chosen and sworn; and
The PRESIDING OFFICER (Mr. motion to concur in the House amend- (2) an affirmative vote of two-thirds of the
PETERS). Under the previous order, the ment to the Senate amendment No. 4 Members, duly chosen and sworn, shall be re-
motion to reconsider is considered quired to sustain an appeal of the ruling of
to H.R. 2617 with amendment No. 6552,
made and laid upon the table, and the the Chair on a covered point of order.
as amended, if amended, with 2 min-
President will be immediately notified AMENDMENT NO. 6555
utes for debate equally divided between
of the Senate’s action. (Purpose: To eliminate all earmarks in the
each vote and all votes after the first
bill)
f vote be 10-minute votes, with 60 affirm-
On page 6, after line 2, add the following:
ative votes required for passage of the SEC. 7. ELIMINATION OF EARMARKS.
LEGISLATIVE SESSION Scott bill, the motion to concur with (a) IN GENERAL.—Notwithstanding any
amendment, and the adoption of all other provision of any division of this Act—
AGRICULTURE, RURAL DEVELOP- amendments except No. 6555, No. 6577, (1) no amounts shall be made available for
No. 6563, and No. 6576; finally, that if a purpose specified in any table relating to
MENT, FOOD AND DRUG ADMIN-
the motion to concur with amendment congressionally directed spending in the ex-
ISTRATION, AND RELATED planatory statement described in section 4
is agreed to, the motion to reconsider
AGENCIES APPROPRIATIONS (in the matter preceding division A of this
be considered made and laid upon the
ACT, 2023 consolidated Act), or for any congressionally
table, without intervening action or
The PRESIDING OFFICER. The Sen- directed spending in any division of this Act,
debate. and each such item of congressionally di-
ate will resume legislative session. The PRESIDING OFFICER. Without rected spending is null and void;
The clerk will report the pending objection, it is so ordered. (2) each appropriation under any division
business. ORDER OF PROCEDURE of this Act shall be reduced by the amount of
The legislative clerk read as follows: Mr. SCHUMER. Mr. President, we any allocation of such appropriation for con-
House message to accompany H.R. 2617, a have an agreement now. We will vote gressionally directed spending items that is
bill to amend section 1115 of title 31, United on all of the amendments in order and made null and void by paragraph (1); and
States Code, to amend the description of how then vote on final passage. It has taken (3) each allocation of an appropriation
performance goals are achieved, taking ac- a while, but it is worth it. And I appre- under any division of this Act shall be re-
tion on the following amendments and mo- duced by the amount of any further alloca-
ciate the cooperation of everyone here. tion of such allocation of an appropriation
tions proposed thereto.
The first vote will take a while, until for congressionally directed spending items
Pending: the Members can assemble. But after that is made null and void by paragraph (1).
Schumer motion to concur in the amend- that, I hope, we intend that everyone (b) REPORT.—The Director of the Office of
ment of the House to the amendment of the will sit in their seat and we vote Management and Budget shall submit to
Senate No. 4 to the bill, with Schumer (for through the amendments quickly. As Congress a report indicating the final
Leahy) amendment No. 6552, in the nature of we know, the storm is coming. We amount appropriated for each appropriation
a substitute. account for which amounts are made avail-
want to have people vote, get the bill
Schumer amendment No. 6571 (to amend- able under any division of this Act and the
ment No. 6552), to add an effective date. done, but then be able to go home once amount of each allocation of such an appro-
Schumer motion to refer the message of we have done our work. priation, as reduced in accordance with sub-
the House on the bill to the Committee on So please cooperate, and no appoint- section (a).
Appropriations, with instructions, Schumer ments far away. We are going to vote AMENDMENT NO. 6559
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
amendment No. 6572, to add an effective quickly, 10-minute votes on each, and, (Purpose: To restrict the use of Federal
date. hopefully, Members will sit in their funds appropriated to the Department of
Schumer amendment No. 6573 (to the in- chairs. Homeland Security for the transportation
structions (amendment No. 6572) of the mo- I suggest the absence of a quorum. of illegal aliens within the United States.)
tion to refer), to modify the effective date. The PRESIDING OFFICER. The (The amendment is printed in today’s
Schumer amendment No. 6574 (to amend- clerk will call the roll. RECORD under ‘‘Text of Amendments.’’)
ment No. 6573), to modify the effective date. The legislative clerk proceeded to AMENDMENT NO. 6621
The PRESIDING OFFICER. The ma- call the roll. (Purpose: To appropriate amounts for the
jority leader. Mr. SCHUMER. Mr. President, I ask Executive Office for Immigration Review,
Mr. SCHUMER. Mr. President, I ask unanimous consent that the order for U.S. Customs and Border Protection, U.S.
unanimous consent that the following the quorum call be rescinded. Immigration and Customs Enforcement, the
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December 22, 2022 CONGRESSIONAL RECORD — SENATE S10063
Federal Emergency Management Agency, SEC. 1708. (a) The Attorney General may (iii) by striking ‘‘2004’’ and inserting
U.S. Citizenship and Immigration Services, transfer to the Secretary of State the pro- ‘‘2023’’; and
refugee and entrant assistance, and other ceeds of any covered forfeited property for (iv) by striking ‘‘2003’’ and inserting
Federal agencies.) use by the Secretary of State to provide as- ‘‘2022’’;
(The amendment is printed in today’s sistance to Ukraine to remediate the harms (B) in paragraph (2)—
of Russian aggression towards Ukraine. Any (i) by striking ‘‘$125,000’’ and inserting
RECORD under ‘‘Text of Amendments.’’)
such transfer shall be considered foreign as- ‘‘$100,000’’;
AMENDMENT NO. 6563 (ii) by striking ‘‘$100,000,000’’ and inserting
sistance under the Foreign Assistance Act of
(Purpose: To prohibit the expenditure of Fed- 1961 (22 U.S.C. 2151 et seq.), including for pur- ‘‘$161,500,000’’;
eral funds to terminate the prohibitions on poses of making available the administrative (iii) by striking ‘‘but less’’ and inserting
entry into the United States that are com- authorities and implementing the reporting ‘‘but is less’’; and
monly referred to as Title 42) requirements contained in that Act. (iv) by striking ‘‘and’’ at the end;
On page 757, between lines 15 and 16, insert (b) Not later than 15 days after any trans- (C) in paragraph (3)—
the following: fers made pursuant to subsection (a), the At- (i) by striking ‘‘$280,000’’ and inserting
SEC. 550. None of the funds provided by this torney General, in consultation with the ‘‘$250,000’’; and
Act may be obligated or expended to termi- Secretary of the Treasury and the Secretary (ii) by striking the period at the end and
nate the prohibitions on entry into the of State, shall submit a report describing inserting ‘‘but is less than $1,000,000,000 (as so
United States issued pursuant to sections 362 such transfers to the appropriate congres- adjusted and published);’’; and
and 365 of the Public Health Service Act (42 sional committees. (D) by adding at the end the following:
U.S.C. 265 and 268) as a result of the public (c) In this section: ‘‘(4) $400,000 if the aggregate total amount
health emergency relating to the (1) The term ‘‘appropriate congressional determined under section 7A(a)(2) of the
Coronavirus Disease 2019 (COVID-19) pan- committees’’ means— Clayton Act (15 U.S.C. 18a(a)(2)) is not less
demic declared under section 319 of such Act (A) the Committee on the Judiciary of the than $1,000,000,000 (as so adjusted and pub-
(42 U.S.C. 247d) on January 31, 2020 (popularly Senate; lished) but is less than $2,000,000,000 (as so ad-
known as ‘‘Title 42’’). (B) the Committee on Foreign Relations of justed and published);
AMENDMENT NO. 6576 the Senate; ‘‘(5) $800,000 if the aggregate total amount
(C) the Committee on Banking, Housing, determined under section 7A(a)(2) of the
(Purpose: To provide for the continuation of
and Urban Affairs of the Senate; Clayton Act (15 U.S.C. 18a(a)(2)) is not less
pay and benefits for Lieutenant Ridge
(D) the Committee on Appropriations of than $2,000,000,000 (as so adjusted and pub-
Alkonis)
the Senate; lished) but is less than $5,000,000,000 (as so ad-
On page 410, after line 25, add the fol- justed and published); and
lowing: (E) the Committee on the Judiciary of the
House of Representatives; ‘‘(6) $2,250,000 if the aggregate total
SEC. 8145. The Secretary of the Navy shall amount determined under section 7A(a)(2) of
continue to provide pay and allowances to (F) the Committee on Foreign Affairs of
the House of Representatives; the Clayton Act (15 U.S.C. 18a(a)(2)) is not
Lieutenant Ridge Alkonis, United States less than $5,000,000,000 (as so adjusted and
Navy, until such time as the Secretary of the (G) the Committee on Financial Services
of the House of Representatives; and published).’’; and
Navy makes a determination with respect to (2) by adding at the end the following:
the separation of Lieutenant Alkonis from (H) the Committee on Appropriations of
‘‘(c)(1) For each fiscal year commencing
the Navy. the House of Representatives.
after September 30, 2023, the filing fees in
(2) The term ‘‘covered forfeited property’’
AMENDMENT NO. 6577 this section shall be increased by an amount
means property forfeited under chapter 46 or
(Purpose: To establish a rule of construction equal to the percentage increase, if any, in
section 1963 of title 18, United States Code,
relating to religious entities) the Consumer Price Index, as determined by
which property belonged to, was possessed the Department of Labor or its successor, for
Strike section ll7(b) and insert the fol- by, or was controlled by a person subject to
lowing: the year then ended over the level so estab-
sanctions and designated by the Secretary of lished for the year ending September 30, 2022.
(b) RULE OF CONSTRUCTION.—This division the Treasury or the Secretary of State, or ‘‘(2) As soon as practicable, but not later
shall not be construed to require a religious which property was involved in an act in vio- than January 31 of each year, the Federal
entity described in section 702(a) of the Civil lation of sanctions enacted pursuant to Ex- Trade Commission shall publish the adjusted
Rights Act of 1964 (42 U.S.C. 2000e–1(a)) to ecutive Order 14024, and as expanded by Ex- amounts required by paragraph (1).
make an accommodation that would violate ecutive Order 14066 of March 8, 2022, and re- ‘‘(3) The Federal Trade Commission shall
the entity’s religion (as defined in section lied on for additional steps taken in Execu- not adjust amounts required by paragraph (1)
701(j) of such Act (42 U.S.C. 2000e(j))). tive Order 14039 of August 20, 2021, and Exec- if the percentage increase described in para-
AMENDMENT NO. 6569 utive Order 14068 of March 11, 2022. graph (1) is less than 1 percent.
(Purpose: To eliminate a waiver of State (d) The authority under this section shall ‘‘(4) An amount adjusted under this section
immunity) apply to any covered forfeited property for- shall be rounded to the nearest multiple of
Strike section ll6 (relating to a waiver of feited on or before May 1, 2025. $5,000.’’.
AMENDMENT NO. 6595 SEC. 102.REPORTING REQUIREMENTS FOR
State immunity).
MERGER FEE COLLECTIONS.
AMENDMENT NO. 6558 (Purpose: To amend the Fair Labor Stand-
(a) FTC AND DOJ JOINT REPORT.—For each
(Purpose: To eliminate discrimination and ards Act of 1938 to expand access to of fiscal years 2023 through 2027, the Federal
promote women’s health and economic secu- breastfeeding accommodations in the work- Trade Commission and Department of Jus-
rity by ensuring reasonable workplace ac- place, and for other purposes.) tice shall jointly and annually report to the
commodations for workers whose ability to (The amendment is printed in today’s Congress on the operation of section 7A of
perform the functions of a job are limited by RECORD under ‘‘Text of Amendments.’’) the Clayton Act (15 U.S.C. 18a) and shall in-
pregnancy, childbirth, or a related medical AMENDMENT NO. 6597
clude in such report the following:
condition.) (1) The amount of funds made available to
(Purpose: To improve the bill) the Federal Trade Commission and the De-
(The amendment is printed in today’s
Strike division GG and insert the fol- partment of Justice, respectively, from the
RECORD under ‘‘Text of Amendments.’’) lowing: premerger notification filing fees under this
AMENDMENT NO. 6588 section, as adjusted by the Merger Filing Fee
DIVISION GG—MERGER FILING FEE
(Purpose: To amend title VI of the Social MODERNIZATION Modernization Act of 2022, as compared to
Security Act to allow States and local gov- the funds made available to the Federal
SEC. 101. SHORT TITLE.
ernments to use coronavirus relief funds pro- Trade Commission and the Department of
This division may be cited as the ‘‘Merger
vided under the American Rescue Plan Act Justice, respectively, from premerger notifi-
Filing Fee Modernization Act of 2022’’.
for infrastructure projects, improve the cation filing fees as the fees were determined
Local Assistance and Tribal Consistency TITLE I—MODERNIZING MERGER FILING in fiscal year 2022.
Fund, provide Tribal governments with more FEE COLLECTIONS; ACCOUNTABILITY (2) The total revenue derived from
time to use Coronavirus Relief Fund pay- REQUIREMENTS; LIMITATION ON FUND- premerger notification filing fees, by tier, by
ments, and for other purposes.) ING the Federal Trade Commission and the De-
(The amendment is printed in today’s SEC. 101. MODIFICATION OF PREMERGER NOTIFI- partment of Justice, respectively.
CATION FILING FEES. (3) The gross cost of operations of the Fed-
RECORD under ‘‘Text of Amendments.’’)
Section 605 of Public Law 101–162 (15 U.S.C. eral Trade Commission, by Budget Activity,
dlhill on DSK120RN23PROD with SENATE
AMENDMENT NO. 6596 18a note) is amended— and the Antitrust Division of the Depart-
(Purpose: To authorize the transfer of the (1) in subsection (b)— ment of Justice, respectively.
proceeds of certain forfeited property to (A) in paragraph (1)— (b) FTC REPORT.—The Federal Trade Com-
help Ukraine recover from the harms (i) by striking ‘‘$45,000’’ and inserting mission shall include in the report required
caused by the ongoing Russian aggression) ‘‘$30,000’’; under subsection (a), in addition to the re-
On page 1857, after line 23, add the fol- (ii) by striking ‘‘$100,000,000’’ and inserting quirements under subsection (a), for the pre-
lowing: ‘‘$161,500,000’’; vious fiscal year—
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S10064 CONGRESSIONAL RECORD — SENATE December 22, 2022
(1) for actions with respect to which the SEC. 202. MERGERS INVOLVING FOREIGN GOV- 3351(c), to the WTC Program Administrator
record of the vote of each member of the ERNMENT SUBSIDIES. as needed at the discretion of such Adminis-
Federal Trade Commission is on the public (a) DEFINITION.—In this section, the term trator, for carrying out any provision in this
record of the Federal Trade Commission, a ‘‘foreign entity of concern’’ has the meaning title, including sections 3303 and 3341(c).
list of each action with respect to which the given the term in section 40207 of the Infra-
Federal Trade Commission took or declined structure Investment and Jobs Act (42 U.S.C. ‘‘(d) RETURN OF FUNDS.—Any amounts that
to take action on a 3 to 2 vote; and 18741(a)). remain in the Supplemental Fund on Sep-
(2) for all actions for which the Federal (b) ACCOUNTING FOR FOREIGN GOVERNMENT tember 30, 2032, shall be deposited into the
Trade Commission took a vote, the percent- SUBSIDIES.—A person required to file a noti- Treasury as miscellaneous receipts.’’.
age of such actions that were decided on a 3 fication under section 7A of the Clayton Act (b) CONFORMING AMENDMENTS.—Title
to 2 vote. (15 U.S.C. 18a) that received a subsidy from a XXXIII of the Public Health Service Act (42
(c) SUMMARY.—The Federal Trade Commis- foreign entity of concern shall include in U.S.C. 300mm et seq.) is amended—
sion and the Department of Justice shall such notification content regarding such (1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C.
make the report required under subsection subsidy. 300mm–21(a)(4)(B)(i)(II)), by striking ‘‘section
(a) available to the Committees on the Judi- (c) AUTHORITY OF ANTITRUST REGU-
3351’’ and inserting ‘‘sections 3351 and 3352’’;
LATORS.—The Federal Trade Commission,
ciary of the House of Representatives and of (2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C.
the Senate, and shall, for fiscal years 2023 with the concurrence of the Assistant Attor-
300mm–31(a)(3)(B)(i)(II)), by striking ‘‘section
through 2027, no later than July 1, present a ney General in charge of the Antitrust Divi-
3351’’ and inserting ‘‘sections 3351 and 3352’’;
summary of the joint annual report for the sion of the Department of Justice, and in
(3) in section 3331 (42 U.S.C. 300mm–41)—
preceding fiscal year, including the informa- consultation with the Chairperson of the
(A) in subsection (a), by inserting ‘‘and the
tion required in subsections (a) and (b) of Committee on Foreign Investment in the
World Trade Center Health Program Supple-
this section, to the Committees on the Judi- United States, the Secretary of Commerce,
mental Fund’’ before the period at the end;
ciary of the House of Representatives and of the Chair of the United States International
and
the Senate. Trade Commission, the United States Trade
(B) in subsection (d)—
Representative, and the heads of other ap-
TITLE II—DISCLOSURE OF SUBSIDIES BY (i) in paragraph (1)(B), by inserting ‘‘(ex-
propriate agencies, and by rule in accordance
FOREIGN ADVERSARIES cluding any expenditures from amounts in
with section 553 of title 5, United States
the World Trade Center Health Program
SEC. 201. FINDINGS AND PURPOSE. Code, shall require that the notification re-
Supplemental Fund under section 3352)’’ be-
(a) FINDINGS.—Congress finds the fol- quired under subsection (b) be in such form
fore the period at the end; and
lowing: and contain such documentary material and
(ii) in paragraph (2), in the flush text fol-
(1) Foreign subsidies, which can take the information relevant to a proposed acquisi-
lowing subparagraph (C), by inserting ‘‘(ex-
form of direct subsidies, grants, loans (in- tion as is necessary and appropriate to en-
cluding any expenditures from amounts in
cluding below-market loans), loan guaran- able the Federal Trade Commission and the
the World Trade Center Health Program
tees, tax concessions, preferential govern- Assistant Attorney General in charge of the
Supplemental Fund under section 3352)’’ be-
ment procurement policies, or government Antitrust Division of the Department of Jus-
fore the period at the end; and
ownership or control, can distort the com- tice to determine whether such acquisition
(4) in section 3351(b) (42 U.S.C. 300mm–
petitive process by enabling the subsidized may, if consummated, violate the antitrust
61(b))—
firm to submit a bid higher than other firms laws.
(A) in paragraph (2), by inserting ‘‘or as
in the market, or otherwise change the in- (d) EFFECTIVE DATE.—Subsection (b) shall
available from the World Trade Center
centives of the firm in ways that undermine take effect on the date on which the rule de-
Health Program Supplemental Fund under
competition following an acquisition. scribed in subsection (c) takes effect.
section 3352’’ before the period at the end;
(2) Foreign subsidies are particularly prob- TITLE III—VENUE FOR STATE ANTITRUST and
lematic when granted by countries or enti- ENFORCEMENT (B) in paragraph (3), by inserting ‘‘or as
ties that constitute a strategic or economic SEC. 301. VENUE FOR STATE ANTITRUST EN- available from the World Trade Center
threat to United States interests. FORCEMENT. Health Program Supplemental Fund under
(3) The Made in China 2025 plan, states that Section 1407 of title 28, United States Code, section 3352’’ before the period at the end.
the Chinese Communist Party will ‘‘support is amended—
(c) PREVENTION AND PUBLIC HEALTH
enterprises to carry out mergers and acquisi- (1) in subsection (g) by inserting ‘‘or a
FUND.—Section 4002(b) of the Patient Protec-
tions (M&A), equity investment, and venture State’’ after ‘‘United States’’ and striking ‘‘;
capital overseas’’. but shall not include section 4A of the Act of tion and Affordable Care Act (42 U.S.C. 300u-
(4) The 2020 report to Congress from the bi- October 15, 1914, as added July 7, 1955 (69 11(b)) is amended—
partisan U.S.-China Economic and Security Stat. 282; 15 U.S.C. 15a)’’; and (1) in paragraph (8), by striking
Review Commission concluded that the Chi- (2) by striking subsection (h). ‘‘$1,800,000,000; and’’ and inserting
nese Government subsidizes companies with ‘‘$1,525,000,000;’’;
AMENDMENT NO. 6607
a goal of their expanding into the United (2) by striking paragraph (9) and inserting
(Purpose: To establish a World Trade Center the following:
States and other countries, finding that
Health Program Supplemental Fund) ‘‘(9) for each of fiscal years 2028 and 2029,
‘‘[t]his process assists Chinese national
champions in surpassing and supplanting At the end of division FF, add the fol- $1,725,000,000; and’’; and
global market leaders’’. The report warns lowing: (3) by adding at the end the following:
that the risk is particularly acute when it TITLE VII—SUPPLEMENTAL FUNDING FOR ‘‘(10) for fiscal year 2030 and each fiscal
comes to emerging technologies, where THE WORLD TRADE CENTER HEALTH year thereafter, $2,000,000,000.’’.
China seeks to ‘‘surpass and displace the PROGRAM SEC. 7702. RESEARCH COHORT FOR EMERGING
United States altogether [and that] [f]ailure SEC. 7701. SUPPLEMENTAL FUNDING FOR THE HEALTH IMPACTS ON YOUTH.
to appreciate the gravity of this challenge WORLD TRADE CENTER HEALTH
and defend U.S. competitiveness would be PROGRAM. (a) IN GENERAL.—Section 3341 of the Public
dire . . . [and] risks setting back U.S. eco- (a) IN GENERAL.—Title XXXIII of the Pub- Health Service Act (42 U.S.C. 300mm–51) is
nomic and technological progress for dec- lic Health Service Act (42 U.S.C. 300mm et amended—
ades’’. seq.) is amended by adding at the end the fol- (1) in subsection (a)—
(5) In remarks before the Hudson Institute lowing: (A) in the matter preceding paragraph (1),
on December 8, 2020, FTC Commissioner ‘‘SEC. 3352. SUPPLEMENTAL FUND.
by striking ‘‘With respect’’ through ‘‘subtitle
Noah Phillips stated, ‘‘[O]ne area where anti- B, the’’ and inserting ‘‘The’’; and
‘‘(a) IN GENERAL.—There is established a
trust needs to reckon with the strategic in- (B) by striking ‘‘of such individuals’’ each
fund to be known as the World Trade Center
terests of other nations is when we scruti- place it appears;
Health Program Supplemental Fund (re-
nize mergers or conduct involving state- (2) in subsection (b)(1), by inserting ‘‘and
ferred to in this section as the ‘Supplemental
owned entities . . . companies that are con- individuals who were exposed within a geo-
Fund’), consisting of amounts deposited into
trolled, to varying degrees, by the state . . . graphic area related to the September 11,
the Fund under subsection (b).
[and] often are a government tool for imple- 2001, terrorist attacks in a manner similar to
‘‘(b) AMOUNT.—Out of any money in the
menting industrial policies or to protect na- the exposure within such geographic area ex-
Treasury not otherwise appropriated, there
tional security’’. perienced by individuals meeting the eligi-
is appropriated for fiscal year 2023
bility criteria under section 3311(a)(2) or
(b) PURPOSE.—The purpose of this section $1,000,000,000, for deposit into the Supple-
3321(a)(1)(B)’’ after ‘‘treatment’’;
dlhill on DSK120RN23PROD with SENATE
is to require parties providing pre-merger no- mental Fund, which amounts shall remain
(3) by redesignating subsections (c) and (d)
tifications to include in the notification re- available through fiscal year 2032.
as subsections (d) and (e), respectively; and
quired under section 7A of the Clayton Act ‘‘(c) USES OF FUNDS.—Amounts deposited
(4) by inserting after subsection (b) the fol-
(15 U.S.C. 18a) information concerning sub- into the Supplemental Fund under sub-
lowing:
sidies they receive from countries or entities section (b) shall be available, without fur-
that are strategic or economic threats to the ther appropriation and without regard to ‘‘(c) RESEARCH COHORT FOR EMERGING
United States. any spending limitation under section HEALTH IMPACTS ON YOUTH.—
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December 22, 2022 CONGRESSIONAL RECORD — SENATE S10065
‘‘(1) IN GENERAL.—The WTC Program Ad- passed, I made clear that I would fight from Wyoming (Mr. BARRASSO), the
ministrator, in consultation with the Sec- for and support a standalone disaster Senator from North Carolina (Mr.
retary of Education, shall establish a re- aid package to get Floridians the as- BURR), the Senator from North Dakota
search cohort of sufficient size to conduct fu-
sistance they need to recover. (Mr. CRAMER), and the Senator from
ture research studies on the health and edu-
cational impacts of exposure to airborne tox- On September 30, just 2 days after Nebraska (Mr. SASSE).
ins, or any other hazard or adverse condi- Ian made its catastrophic landfall near The result was announced—yeas 22,
tion, resulting from the September 11, 2001, Fort Myers, FL, I wrote to my col- nays 73, as follows:
terrorist attacks, including on the popu- leagues urging them to work with me [Rollcall Vote No. 407 Leg.]
lation of individuals who were 21 years of age on getting much needed aid to Florida YEAS—22
or younger at the time of exposure, including families as quickly as possible. Blackburn Hawley Scott (SC)
such individuals who are screening-eligible Immediately after, the aid Floridians Blunt Hyde-Smith Sullivan
WTC survivors or certified-eligible WTC sur- desperately needed was delayed so that Braun Johnson Tillis
vivors. Cassidy Kennedy Tuberville
‘‘(2) POPULATIONS STUDIED.—The research
it could be stuffed into this massive Crapo Lummis Wicker
cohort under paragraph (1) may include— and reckless $1.7 trillion omnibus bill. Cruz Risch Young
While that is disappointing enough, I Daines Rubio
‘‘(A) individuals who, on September 11,
Hagerty Scott (FL)
2001, were 21 years of age or younger and have now heard from Floridians, espe-
were— cially our growers in agriculture, that NAYS—73
‘‘(i) outside the New York City disaster without changes, this disaster aid will Baldwin Heinrich Peters
area; and not be delivered in the most efficient Bennet Hickenlooper Portman
‘‘(ii) in— Blumenthal Hirono Reed
and effective way possible to ensure Booker Hoeven Romney
‘‘(I) the area of Manhattan not further
north than 14th Street; or
their recovery. Boozman Inhofe Rosen
‘‘(II) Brooklyn; and We should take this opportunity to Brown Kelly Rounds
Cantwell King
‘‘(B) control populations, including popu- act on their concerns today and make Capito Klobuchar
Sanders
needed changes that ensure this Fed- Schatz
lations of individuals who, on September 11, Cardin Lankford
Schumer
2001, were 21 years of age or younger.’’. eral disaster aid does as much good as Carper Leahy
Shaheen
(b) FUNDING.—Section 3351(b) of such Act possible. There is no reason to delay Casey Lee
Collins Luján Shelby
(42 U.S.C. 300mm–61(b)) is amended by insert- this further. I urge my colleagues to Sinema
Coons Manchin
ing after paragraph (3) the following: stand with those recovering from these Smith
Cornyn Markey
‘‘(4) LIMITATION FOR RESEARCH COHORT FOR Stabenow
EMERGING HEALTH IMPACTS ON YOUTH.—Not-
terrible storms and the folks who put Cortez Masto Marshall
Cotton McConnell Tester
withstanding paragraph (1), the amounts the food on our tables. Please support Duckworth Menendez Thune
made available under such paragraph may this bill. Durbin Merkley Toomey
not be used for fiscal years 2023 through 2032 The PRESIDING OFFICER. The Sen- Ernst Moran Van Hollen
to carry out subsection (c) of section 3341.’’. ator from Vermont. Feinstein Murkowski Warner
Fischer Murphy Warnock
(c) CONFORMING AMENDMENT.—Section Mr. LEAHY. Mr. President, I spoke Gillibrand Murray Warren
3301(f)(2)(E) of such Act (42 U.S.C. on this matter earlier this week, and I Graham Ossoff Whitehouse
300mm(f)(2)(E)) is amended by striking ‘‘sec- still agree with the Senator from Flor- Grassley Padilla Wyden
tion 3341(a)’’ and inserting ‘‘subsection (a) or Hassan Paul
ida that we have a responsibility to
(c) of section 3341’’.
help Americans in the wake of disas- NOT VOTING—5
AMENDMENT NO. 6617
ters. It does not matter if you are a Re- Barrasso Cramer Sasse
(Purpose: To improve the Justice for publican or a Democrat, or if you are Burr Kaine
United States Victims of State Sponsored
from a blue State or a red State. As The PRESIDING OFFICER. On this
Terrorism Act.)
Americans, we have to stand together vote, the yeas are 22, the nays are 73.
(The amendment is printed in today’s to help our communities recover and Three-fifths of the Senators duly cho-
RECORD under ‘‘Text of Amendments.’’) rebuild. sen and sworn not having voted in the
Mr. SCHUMER. I suggest the absence I have done that on this floor for 48 affirmative, the bill is not passed.
of a quorum, Mr. President. years—voting for disaster bills for all The bill (S. 5355) was rejected.
The PRESIDING OFFICER. The States. But I believe in reality, not
clerk will call the roll. f
rhetoric. We don’t have time to play
The legislative clerk proceeded to politics or for sound bites. We have to AGRICULTURE, RURAL DEVELOP-
call the roll. enact the omnibus bill now, and that MENT, FOOD AND DRUG ADMIN-
Mr. SCOTT of Florida. Mr. President, will get the aid to people in Florida ISTRATION, AND RELATED
I ask unanimous consent that the order and other communities that need it AGENCIES APPROPRIATIONS
for the quorum call be rescinded. most. ACT, 2023—Continued
The PRESIDING OFFICER. Without So I would urge all Senators to vote The PRESIDING OFFICER. The ma-
objection, it is so ordered. for the omnibus, and let us get these jority leader.
f things done. It is time to go forward. Mr. SCHUMER. Madam President,
We don’t have time for further delay. now, may I have the attention of ev-
MAKING EMERGENCY SUPPLE-
The PRESIDING OFFICER (Ms. erybody, please?
MENTAL APPROPRIATIONS FOR OK. I urge everybody to stay in their
ROSEN). Under the previous order, the
DISASTER RELIEF FOR THE FIS- seats. We are having 10-minute votes.
bill is considered read a third time.
CAL YEAR ENDING SEPTEMBER We have to get out of here as quickly
The bill was ordered to be engrossed
30, 2023 as possible, so we need cooperation
for a third reading and was read the
The PRESIDING OFFICER. Under third time. from everybody, OK? Thank you.
the previous order, the Senate will pro- The PRESIDING OFFICER. The bill The PRESIDING OFFICER. The Sen-
ceed to the consideration of S. 5355, having been read the third time, the ator from Kentucky.
which the clerk will report. question is, Shall the bill pass? POINT OF ORDER
The senior assistant legislative clerk Mr. SCOTT of Florida. I ask for the Mr. PAUL. Madam President, for
read as follows: yeas and nays. years, Members of Congress have la-
A bill (S. 5355) making emergency supple- Is there a sufficient second? mented their inability to control
mental appropriations for disaster relief for There appears to be a sufficient sec- spending and debt. On rare occasions,
the fiscal year ending September 30, 2023, and ond. though, Congress has actually passed
for other purposes. The clerk will call the roll. rules to try to tame their primal urge
dlhill on DSK120RN23PROD with SENATE
The PRESIDING OFFICER. There is The legislative clerk called the roll. to borrow and spend.
now 2 minutes of debate, equally di- Mr. DURBIN. I announce that the From Gramm-Rudman-Hollings to
vided. Senator from Virginia (Mr. KAINE) is PAYGO, good legislation is out there
The Senator from Florida. necessarily absent. to restrain deficit spending, only to be
Mr. SCOTT of Florida. Mr. President, Mr. THUNE. The following Senators universally ignored and rejected by fu-
immediately after Hurricane Ian are necessarily absent: the Senator ture Congresses.
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