[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5060-S5111]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5647. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title V, add the following:

     SEC. 58___. GAO FEASIBILITY STUDY ON THE INCLUSION ON THE 
                   VIETNAM VETERANS MEMORIAL WALL OF THE NAMES OF 
                   THE LOST CREW MEMBERS OF THE U.S.S. FRANK E. 
                   EVANS KILLED ON JUNE 3, 1969.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study to determine the feasibility of 
     including on the Vietnam Veterans Memorial Wall in the 
     District of Columbia the names of the 74 crew members of the 
     U.S.S. Frank E. Evans who were killed on June 3, 1969.
       (b) Inclusions.--The study conducted under subsection (a) 
     shall include a determination by the Comptroller General of 
     the United States on--
       (1) the cost of including on the Vietnam Veterans Memorial 
     Wall the names of the 74 crew members; and
       (2) whether there is sufficient space on the Vietnam 
     Veterans Memorial Wall for the inclusion of the names of the 
     74 crew members.
       (c) Consultation Required.--In conducting the study under 
     subsection (a), the Comptroller General of the United States 
     shall consult with--
       (1) the heads of appropriate Federal agencies, including 
     the Secretary of Defense and the Secretary of the Interior;
       (2) members of the Frank E. Evans Association;
       (3) survivors of the event on June 3, 1969; and
       (4) family members of the crew members of the U.S.S. Frank 
     E. Evans who were killed on June 3, 1969.
                                 ______
                                 
  SA 5648. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. EQUITY FOR READY RESERVE CORPS OF THE PUBLIC HEALTH 
                   SERVICE.

       (a) Dual Employment.--Section 5534 of title 5, United 
     States Code, is amended--
       (1) by inserting ``, a member of the Ready Reserve Corps of 
     the Public Health Service,'' after ``armed forces''; and
       (2) by inserting ``, member of the Ready Reserve Corps,'' 
     after ``allowances as a Reserve''.
       (b) Uniformed Service Leave.--
       (1) In general.--Section 6323 of title 5, United States 
     Code, is amended--
       (A) in the section heading, by striking ``Military leave; 
     Reserves and National Guardsmen'' and inserting ``Uniformed 
     services leave''; and
       (B) by adding at the end the following:
       ``(e)(1) Subject to paragraph (2) of this subsection, an 
     employee as defined by section 2105 of this title or an 
     individual employed by the government of the District of 
     Columbia is entitled to leave without loss in pay, time, or 
     performance or efficiency rating for active duty or inactive-
     duty training (as defined in section 101 of title 37) as a 
     member of the Ready Reserve Corps of the Public Health 
     Service. Leave under this subsection accrues for an employee 
     or individual at the rate of 15 days per fiscal year and, to 
     the extent that it is not used in a fiscal year, accumulates 
     for use in the succeeding fiscal year until it totals 15 days 
     at the beginning of a fiscal year.
       ``(2) In the case of an employee or individual employed on 
     a part-time career employment basis (as defined in section 
     3401(2) of this title), the rate at which leave accrues under 
     this subsection shall be a percentage of the rate prescribed 
     under paragraph (1) which is determined by dividing 40 into 
     the number of hours in the regularly scheduled workweek of 
     that employee or individual during that fiscal year.
       ``(3) The minimum charge for leave under this subsection is 
     one hour, and additional charges are in multiples thereof.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 63 of title 5, United States Code, is amended by 
     striking the item relating to section 6323 and inserting the 
     following:

``6323. Uniformed services leave.''.
                                 ______
                                 
  SA 5649. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. IMPROVED APPLICATION OF EMPLOYMENT AND REEMPLOYMENT 
                   RIGHTS OF ALL MEMBERS OF UNIFORMED SERVICES.

       (a) In General.--Paragraph (5) of section 4303 of title 38, 
     United States Code, is amended to read as follows:
       ``(5) The term `Federal executive agency'--
       ``(A) except as provided in subparagraph (B), includes--
       ``(i) the United States Postal Service;
       ``(ii) the Postal Regulatory Commission;
       ``(iii) any nonappropriated fund instrumentality of the 
     United States;
       ``(iv) any Executive agency (as defined in section 105 of 
     title 5); and
       ``(v) any military department (as defined in section 102 of 
     title 5) with respect to the civilian employees of that 
     department; and
       ``(B) does not include--
       ``(i) an agency referred to in section 2302(a)(2)(C)(ii) of 
     title 5;
       ``(ii) the National Oceanic and Atmospheric Administration 
     with respect to members of the commissioned officer corps of 
     the National Oceanic and Atmospheric Administration; or
       ``(iii) the Public Health Service with respect to members 
     of the Commissioned Corps of the Public Health Service 
     serving on active duty, active duty for training, or inactive 
     duty training.''.
       (b) Technical Correction.--Paragraph (16) of such section 
     is amended by striking ``commissioned corps of the Public 
     Health Service'' and inserting ``Commissioned Corps of the 
     Public Health Service''.
                                 ______
                                 
  SA 5650. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. EXTENSION OF CERTAIN EDUCATIONAL BENEFITS TO 
                   MEMBERS OF THE PUBLIC HEALTH SERVICE READY 
                   RESERVE CORPS.

       (a) In General.--Section 16131 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``each military department'' and inserting 
     ``reserve component of that Secretary's uniformed service''
       (B) by striking ``and'' after ``Secretary of Defense,'';
       (C) by inserting ``, and the Secretary of Health and Human 
     Services with respect to the Public Health Service Ready 
     Reserve Corps,'' after ``Navy''; and
       (D) by striking ``of the armed forces under the 
     jurisdiction of the Secretary concerned'' and inserting ``of 
     the uniformed services under the jurisdiction of such 
     Secretary'';
       (2) in subsection (b)(1), by inserting ``or the Secretary 
     of Health and Human Services, as the case may be'' after 
     ``Secretary concerned'';
       (3) in subsection (c)(3)(B)(i), by inserting ``or section 
     203 of the Public Health Service Act (42 U.S.C. 204(a)(4))'' 
     after ``of this title'';
       (4) in subsection (g)(2)(A), by inserting ``or the 
     Secretary of Health and Human Services, as the case may be'' 
     after ``Secretary concerned''; and
       (5) in subsection (i)--

[[Page S5061]]

       (A) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be,'' after ``Secretary of 
     Defense'' each place it appears; and
       (B) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be,'' after ``Secretary concerned'' 
     both place it appears.
       (b) Eligibility.--Section 16132(c) of title 10, United 
     States Code, is amended by inserting ``or the Secretary of 
     Health and Human Services, as the case may be,'' after 
     ``Secretary of Defense''.
       (c) Authority to Transfer Unused Education Benefits to 
     Family Members.--Section 16132a of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by inserting ``or the Secretary of 
     Health and Human Services, as the case may be,'' after 
     ``Secretary concerned'';
       (2) in subsection (b)(1), by striking ``member of the armed 
     forces'' and inserting ``member of the reserve component of 
     such member's uniformed service'';
       (3) in subsection (d), by inserting ``and the Secretary of 
     Health and Human Services'' after ``Secretary of Defense'';
       (4) in subsection (f)(2), by inserting ``or the Secretary 
     of Health and Human Services, as the case may be,'' after 
     ``Secretary concerned'';
       (5) in subsection (g), by striking ``armed forces'' and 
     inserting ``uniformed services'' both places it appears;
       (6) in subsection (h)(5)(B)--
       (A) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be,'' after ``Secretary 
     concerned''; and
       (B) by inserting ``or a member of the Public Health Service 
     Commissioned Corps, as the case may be'' after ``enlisted 
     member''; and
       (7) in subsection (j), by inserting ``and the Secretary of 
     Health and Human Services'' after ``Secretary of Defense''.
       (d) Failure to Participate Satisfactorily; Penalties.--
     Section 16135(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be'' after ``Secretary concerned''; 
     and
       (2) by striking ``of an armed force'' and inserting ``of a 
     uniformed service'';
       (e) Administration of the Program.--Section 16136(a) of 
     title 10, United States Code, is amended--
       (1) by striking ``and by the Secretary of Homeland 
     Security'' and inserting ``by the Secretary of Homeland 
     Security, and by the Secretary of Health and Human 
     Services''; and
       (2) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be,'' after ``Secretary 
     concerned''.
                                 ______
                                 
  SA 5651. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle A of title VII, add the following:

     SEC. 706. EXPANSION OF CERTAIN COVERAGE UNDER THE TRICARE 
                   PROGRAM TO INCLUDE MEMBERS OF THE UNIFORMED 
                   SERVICES.

       (a) Expansion of Certain Health Care Coverage to Include 
     Members of the Uniformed Services.--
       (1) Delayed-effective-date active-duty order.--Section 
     1074(d)(1) of title 10, United States Code, is amended by 
     striking ``the armed forces'' and inserting ``a uniformed 
     service''.
       (2) Overnight prior to duty.--Section 1074a(a) of such 
     title is amended--
       (A) in paragraph (3), by striking ``the armed forces'' and 
     inserting ``a uniformed service''; and
       (B) in paragraph (4), by striking ``the armed forces'' and 
     inserting ``a uniformed service''.
       (b) Expansion and Clarification of Certain TRICARE Reserve 
     Coverage to Include Members of the Uniformed Services.--
       (1) TRICARE reserve select.--Section 1076d(a)(1) of title 
     10, United States Code, is amended by striking ``the armed 
     forces'' and inserting ``a uniformed service''.
       (2) TRICARE retired reserve.--Section 1076e(a)(1) of such 
     title is amended by striking ``the armed forces'' and 
     inserting ``a uniformed service''.
       (3) TRICARE dental program.--Section 1076a(a) of such title 
     is amended--
       (A) in paragraph (1), by inserting ``of a reserve component 
     of a uniformed service'' after ``Ready Reserve''; and
       (B) in paragraph (4), by striking ``the reserve 
     components'' and inserting ``a reserve component of a 
     uniformed service''.
                                 ______
                                 
  SA 5652. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. EXPANSION AND CLARIFICATION OF ENTITLEMENT TO POST-
                   9/11 EDUCATIONAL ASSISTANCE FOR SERVICE ON 
                   ACTIVE DUTY IN THE UNIFORMED SERVICES.

       (a) Expansion and Clarification.--Section 3301(1) of title 
     38, United States Code, is amended by adding at the end the 
     following new subparagraphs:
       ``(D) In the case of members of the regular components of 
     the Commissioned Corps of the Public Health Service, the 
     meaning given such term in section 101(21)(B).
       ``(E) In the case of members of the reserve component of 
     the Commissioned Corps of the Public Health Service, service 
     on active duty under a call or order to active duty under 
     subparagraph (B), (C), or (D) of section 203(c)(2) of the 
     Public Health Service Act (42 U.S.C. 204(c)(2)) or section 
     216 of such Act (42 U.S.C. 217).''.
       (b) Additional Clarification.--Section 3311 of such title 
     is amended--
       (1) in the section heading by striking ``in the Armed 
     Forces'' and inserting ``in the uniformed services'';
       (2) in subsection (b), in paragraphs (1) through (11), by 
     striking ``Armed Forces'' each place it appears and inserting 
     ``uniformed services'';
       (3) in subsection (c), by striking ``Armed Forces'' each 
     place it appears and inserting ``uniformed services'';
       (4) in subsection (d)(3)(A), by striking ``Armed Forces'' 
     and inserting ``uniformed services''; and
       (5) in subsection (f)(4)(B)(ii), by striking ``Armed 
     Forces'' and inserting ``uniformed services''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 33 of such title is amended by striking 
     the item relating to section 3311 and inserting the following 
     new item:

``3311. Educational assistance for service in the uniformed services 
              commencing on or after September 11, 2001: 
              entitlement.''.
       (d) Technical Correction.--Section 101 of such title is 
     amended, in paragraphs (21) through (23), by striking 
     ``Reserve Corps of the Public Health Service'' each place it 
     appears and inserting ``Ready Reserve Corps of the Public 
     Health Service''.
                                 ______
                                 
  SA 5653. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. PUBLIC HEALTH SERVICE READY RESERVE CORPS.

       (a) Establishment.--Section 10141 of title 10, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``in each armed force'' 
     and inserting ``in each uniformed service''; and
       (2) in subsection (c), striking ``the same for all armed 
     services'' and inserting ``the same for all reserve 
     components of the uniformed services''.
       (b) Organization and Unit Structure.--Section 10143(b) of 
     title 10, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``and the Public Health Service Ready 
     Reserve Corps'' after ``other than the Coast Guard''; and
       (B) by striking ``war plans; and'' and inserting ``war 
     plans;'';
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) in the case of the Public Health Service Ready 
     Reserve Corps, by the Secretary of Health and Human Services 
     upon the recommendation of the Assistant Secretary for 
     Health.''.
       (c) Placement in Ready Reserves.--Section 10145(a) of title 
     10, United States Code, is amended by striking ``Ready 
     Reserve of his armed force for his prescribed term of 
     service, unless he is transferred'' and inserting ``Ready 
     Reserve of the reserve component of the member's uniformed 
     service for his or her prescribed term of service, unless 
     such member is transferred''.
       (d) Standby Reserves.--
       (1) Transfers to.--Section 10146 of title 10, United States 
     Code, is amended--
       (A) in subsection (a), by inserting ``and the Secretary of 
     Health and Human Services with respect to Public Health 
     Service Ready

[[Page S5062]]

     Reserve Corp'' after ``operating as a service in the Navy''; 
     and
       (B) in subsection (b), by inserting ``or the Secretary of 
     Health and Human Service, as the case may be,'' after 
     ``prescribed by the Secretary concerned''.
       (2) Transfers from.--Section 10150 of title 10, United 
     States Code, is amended by inserting ``and the Secretary of 
     Health and Human Services with respect to Public Health 
     Service Ready Reserve Corp'' after ``operating as a service 
     in the Navy''.
       (e) Inactive Status List.--Section 10152 of title 10, 
     United States Code, is amended by striking ``armed force'' 
     and inserting ``uniformed service''.
       (f) Technical and Conforming Amendments.--
       (1) Authorized end strength of the ready reserves of the 
     armed forces.--Section 10142 of title 10, United States Code, 
     is amended by inserting ``of the armed forces'' after ``Ready 
     Reserve'' both places it appears.
       (2) Continuous screening provisions applicable to armed 
     forces.--Section 10149(a) of title 10, United States Code, is 
     amended by inserting ``of the armed forces'' after ``members 
     of the Ready Reserve''.
       (3) Composition of standby reserves of armed forces.--
     Section 10151 of title 10, United States Code, is amended by 
     inserting ``of the armed forces'' after ``The Standby 
     Reserve''.
                                 ______
                                 
  SA 5654. Mr. CORNYN (for himself, Mr. Whitehouse, Mr. Hagerty, and 
Mrs. Fischer) submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. TREATMENT OF EXEMPTIONS UNDER FARA.

       Section 3 of the Foreign Agents Registration Act of 1938, 
     as amended (22 U.S.C. 613), is amended, in the matter 
     preceding subsection (a), by inserting ``, except that the 
     exemptions under subsections (d)(1) and (h) shall not apply 
     to any agent of a foreign principal that is listed as a 
     foreign adversary (as defined in section 8(c) of the Secure 
     and Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1607(c))) in accordance with that Act'' before the colon.
                                 ______
                                 
  SA 5655. Mr. RISCH (for himself and Mr. King) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SECURING ENERGY INFRASTRUCTURE.

       Section 5726 of division E of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 6 
     U.S.C. 189 note) is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``means an entity'' and inserting the 
     following: ``means--
       ``(A) an'';
       (B) in subparagraph (A) (as so designated), by striking the 
     period at the end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(B) a manufacturer of critical digital components in 
     industrial control systems.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking ``2-
     year'' and inserting ``4-year''; and
       (B) in paragraph (1), by striking ``(including critical 
     component manufacturers in the supply chain)'';
       (3) in subsection (d), by striking paragraph (2) and 
     inserting the following:
       ``(2) Updated report.--Not later than 2 years after the 
     date on which funds are first disbursed under the Program, 
     the Secretary shall update the report submitted under 
     paragraph (1) and submit the updated report to the 
     appropriate congressional committees.''; and
       (4) in subsection (h)--
       (A) in paragraph (1), by striking ``$10,000,000'' and 
     inserting ``$20,000,000''; and
       (B) in paragraph (2), by striking ``$1,500,000'' and 
     inserting ``$3,000,000''.
                                 ______
                                 
  SA 5656. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle E of title V, add the following:

     SEC. 564. PARTICIPATION OF THE RESERVE COMPONENTS IN THE 
                   SKILLBRIDGE PROGRAM.

       Section 1143(e)(2) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) A member of the armed forces is eligible for a 
     program under this subsection if--
       ``(A) the member--
       ``(i) has completed at least 180 days on active duty in the 
     armed forces; and
       ``(ii) is expected to be discharged or released from active 
     duty in the armed forces within 180 days of the date of 
     commencement of participation in such a program; or
       ``(B) the member is a member of a reserve component.''.
                                 ______
                                 
  SA 5657. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. PROHIBITION ON ALLOCATIONS OF SPECIAL DRAWING 
                   RIGHTS AT INTERNATIONAL MONETARY FUND FOR 
                   PERPETRATORS OF GENOCIDE AND STATE SPONSORS OF 
                   TERRORISM WITHOUT CONGRESSIONAL AUTHORIZATION.

       Section 6(b) of the Special Drawing Rights Act (22 U.S.C. 
     286q(b)) is amended by adding at the end the following:
       ``(3) Unless Congress by law authorizes such action, 
     neither the President nor any person or agency shall on 
     behalf of the United States vote to allocate Special Drawing 
     Rights under article XVIII, sections 2 and 3, of the Articles 
     of Agreement of the Fund to a member country of the Fund, if 
     the government of the member country has--
       ``(A) committed genocide at any time during the 10-year 
     period ending with the date of the vote; or
       ``(B) been determined by the Secretary of State, as of the 
     date of the enactment of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023, to have repeatedly 
     provided support for acts of international terrorism, for 
     purposes of--
       ``(i) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
       ``(ii) section 620A of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371);
       ``(iii) section 40(d) of the Arms Export Control Act (22 
     U.S.C. 2780(d)); or
       ``(iv) any other provision of law.''.
                                 ______
                                 
  SA 5658. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. DISCLOSURES BY DIRECTORS, OFFICERS, AND PRINCIPAL 
                   STOCKHOLDERS.

       (a) In General.--Section 16(a)(1) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78p(a)(1)) is amended by 
     inserting ``(including any such security of a foreign private 
     issuer, as that term is defined in section 240.3b-4 of title 
     17, Code of Federal Regulations, or any successor 
     regulation)'' after ``pursuant to section 12''.
       (b) Effect on Regulation.--If any provision of section 
     240.3a12-3(b) of title 17, Code of Federal Regulations, or 
     any successor regulation, is inconsistent with the amendment 
     made by subsection (a), that provision of such section 
     240.3a12-3(b) (or such successor) shall have no force or 
     effect.
       (c) Issuance or Amendment of Regulations.--Not later than 
     90 days after the date of enactment of this Act, the 
     Securities and Exchange Commission shall issue final 
     regulations (or amend existing regulations of the Commission) 
     to carry out the amendment made by subsection (a).
                                 ______
                                 
  SA 5659. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for

[[Page S5063]]

fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR 
                   WARFARE.

       (a) In General.--Chapter 3 of title 10, United States Code, 
     is amended by inserting after section 127c the following new 
     section:

     ``Sec. 127d. Support of special operations for irregular 
       warfare

       ``(a) Authority.--The Secretary of Defense may, with the 
     concurrence of the relevant Chief of Mission, expend up to 
     $25,000,000 for each fiscal year to provide support to 
     foreign forces, irregular forces, groups, or individuals 
     engaged in supporting or facilitating ongoing and authorized 
     irregular warfare operations by United States special 
     operations forces.
       ``(b) Funds.--(1) Funds for support under this section in a 
     fiscal year shall be derived from amounts authorized to be 
     appropriated for that fiscal year for the Department of 
     Defense for operation and maintenance.
       ``(2) Funds may not be made available under paragraph (1) 
     until 15 days after the submittal of the strategy required by 
     section 1097 of the National Defense Authorization Act for 
     Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1020).
       ``(c) Procedures.--(1) The authority in this section shall 
     be exercised in accordance with such procedures as the 
     Secretary shall establish for purposes of this section.
       ``(2) The procedures required under paragraph (1) shall 
     establish, at a minimum, the following:
       ``(A) Policy guidance for the execution of, and constraints 
     within, activities under the authority in this section.
       ``(B) The processes through which activities under the 
     authority in this section are to be developed, validated, and 
     coordinated, as appropriate, with relevant entities of the 
     United States Government.
       ``(C) The processes through which legal reviews and 
     determinations are made to comply with the authority in this 
     section and ensure that the exercise of such authority is 
     consistent with the national security of the United States.
       ``(3) The Secretary shall notify the congressional defense 
     committees of the procedures established pursuant to this 
     section before any exercise of the authority in this section, 
     and shall notify such committee of any material modification 
     of the procedures.
       ``(d) Notification.--(1) Not later than 15 days before 
     exercising the authority in this section to make funds 
     available to initiate support of an ongoing and authorized 
     operation or changing the scope or funding level of any 
     support under this section for such an operation by $500,000 
     or an amount equal to 10 percent of such funding level 
     (whichever is less), the Secretary shall notify the 
     congressional defense committees of the use of such authority 
     with respect to such operation. Any such notification shall 
     be in writing.
       ``(2) A notification required by this subsection shall 
     include the following:
       ``(A) The type of support to be provided to United States 
     special operations forces, and a description of the ongoing 
     and authorized operation to be supported.
       ``(B) A description of the foreign forces, irregular 
     forces, groups, or individuals engaged in supporting or 
     facilitating the ongoing and authorized operation that is to 
     be the recipient of funds.
       ``(C) The type of support to be provided to the recipient 
     of the funds, and a description of the end-use monitoring to 
     be used in connection with the use of the funds.
       ``(D) The amount obligated under the authority to provide 
     support.
       ``(E) The determination of the Secretary that the provision 
     of support does not constitute any of the following:
       ``(i) A specific authorization within the meaning of 
     section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)) 
     for the introduction of United States armed forces into 
     hostilities or situations wherein hostilities are clearly 
     indicated by circumstances.
       ``(ii) A covert action, as such term is defined in section 
     503(e) of the National Security Act of 1947 (50 U.S.C. 
     3093(e)).
       ``(iii) An authorization for the provision of support to 
     regular forces, irregular forces, groups or individuals for 
     the conduct of operations that United States special 
     operations forces are not otherwise legally authorized to 
     conduct themselves.
       ``(iv) The conduct or support of activities, whether 
     directly or indirectly, that are inconsistent with the laws 
     of armed conflict.
       ``(e) Limitation on Delegation.--The authority of the 
     Secretary to make funds available under this section for 
     support of a military operation may not be delegated.
       ``(f) Construction of Authority.--Nothing in this section 
     shall be construed to constitute a specific statutory 
     authorization for any of the following:
       ``(1) The conduct of a covert action, as such term is 
     defined in section 503(e) of the National Security Act of 
     1947.
       ``(2) The introduction of United States armed forces, 
     within the meaning of section 5(b) of the War Powers 
     Resolution, into hostilities or into situations wherein 
     hostilities are clearly indicated by the circumstances.
       ``(3) The provision of support to regular forces, irregular 
     forces, groups, or individuals for the conduct of operations 
     that United States special operations forces are not 
     otherwise legally authorized to conduct themselves.
       ``(4) The conduct or support of activities, directly or 
     indirectly, that are inconsistent with the laws of armed 
     conflict.
       ``(g) Programmatic and Policy Oversight.--The Assistant 
     Secretary of Defense for Special Operations and Low-Intensity 
     Conflict shall have primary programmatic and policy oversight 
     within the Office of the Secretary of Defense of support to 
     irregular warfare activities authorized by this section.
       ``(h) Biannual Reports.--(1) Not later than 120 days after 
     the close of each fiscal year in which subsection (a) is in 
     effect, the Secretary shall submit to the congressional 
     defense committees a report on the support provided under 
     this section during the preceding fiscal year.
       ``(2) Not later than 180 days after the submittal of each 
     report required by paragraph (1), the Secretary shall submit 
     to the congressional defense committees a report on the 
     support provided under this section during the first half of 
     the fiscal year in which the report under this paragraph is 
     submitted.
       ``(3) Each report required by this subsection shall include 
     the following:
       ``(A) A summary of the ongoing irregular warfare 
     operations, and associated authorized campaign plans, being 
     conducted by United States special operations forces that 
     were supported or facilitated by foreign forces, irregular 
     forces, groups, or individuals for which support was provided 
     under this section during the period covered by such report.
       ``(B) A description of the support or facilitation provided 
     by such foreign forces, irregular forces, groups, or 
     individuals to United States special operations forces during 
     such period.
       ``(C) The type of recipients that were provided support 
     under this section during such period, identified by 
     authorized category (foreign forces, irregular forces, 
     groups, or individuals).
       ``(D) A detailed description of the support provided to the 
     recipients under this section during such period.
       ``(E) The total amount obligated for support under this 
     section during such period, including budget details.
       ``(F) The intended duration of support provided under this 
     section during such period.
       ``(G) An assessment of value of the support provided under 
     this section during such period, including a summary of 
     significant activities undertaken by foreign forces, 
     irregular forces, groups, or individuals to support irregular 
     warfare operations by United States special operations 
     forces.
       ``(H) The total amount obligated for support under this 
     section in prior fiscal years.
       ``(i) Irregular Warfare Defined.--In this section, the term 
     `irregular warfare' means activities in support of 
     predetermined United States policy and military objectives 
     conducted by, with, and through regular forces, irregular 
     forces, groups, and individuals participating in competition 
     between state and non-state actors short of traditional armed 
     conflict.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 127c the following new item:

``127d. Support of special operations for irregular warfare.''.
                                 ______
                                 
  SA 5660. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X of division A, add the 
     following:

     SEC. ____. DISCLOSURES OF FOREIGN GIFTS.

       Section 117 of the Higher Education Act of 1965 (20 U.S.C. 
     1011f) is amended--
       (1) in subsection (a), by striking ``Whenever'' and 
     inserting ``Except as provided in subsection (d), whenever'';
       (2) by redesignating subsections (d) through (h) as 
     subsections (e) through (i), respectively;
       (3) by inserting after subsection (c) the following:
       ``(d) Special Rules Relating to China-Affiliated 
     Organizations.--
       ``(1) Enhanced disclosures of gifts and contracts.--
       ``(A) In general.--Whenever any institution receives a gift 
     from or enters into a contract with a China-affiliated 
     organization, the value of which is $5,000 or more, 
     considered alone or in combination with all other gifts from 
     or contracts with that organization within a calendar year, 
     the institution shall file a disclosure report with the 
     Secretary on January 31 or July 31, whichever is sooner.
       ``(B) Contents of report.--Each report under subparagraph 
     (A) shall include--
       ``(i) the information described in subsections (b) and (c) 
     (as applicable);

[[Page S5064]]

       ``(ii) the full legal name of the individual or 
     organization that made the gift or entered into the contract 
     to which the disclosure pertains; and
       ``(iii) instructions for accessing the information made 
     available under paragraph (3).
       ``(2) Disclosure of joint activities.--On an annual basis, 
     any institution that receives funds under a Federal grant 
     program shall file a disclosure report with the Secretary 
     that identifies any activities conducted pursuant to a 
     contract or other agreement between the institution and a 
     China-affiliated organization, including any joint research 
     or academic exchanges.
       ``(3) Public availability of agreements.--Each institution 
     shall make available, on a publicly accessible website of the 
     institution, the full text of any contract, agreement, or 
     memorandum of understanding between the institution and a 
     China-affiliated organization (regardless of whether the 
     contract, agreement, or memorandum remains in effect).''; and
       (4) in subsection (i), as so redesignated--
       (A) by redesignating paragraphs (1) through (5) as 
     paragraphs (2) through (6), respectively; and
       (B) by inserting before paragraph (2) the following:
       ``(1) the term `China-affiliated organization' means any 
     entity that receives support directly or indirectly from the 
     Government of the People's Republic of China, including--
       ``(A) a cultural, language, or educational institute or 
     program;
       ``(B) a think tank that has received more than $100,000 in 
     one calendar year or more than 10 percent of the total 
     funding for such think tank for that year, whichever is less, 
     from the Chinese Communist Party or individuals affiliated 
     with the Chinese Communist Party;
       ``(C) a person who is a current member of the Chinese 
     Communist Party or otherwise active in collaborating with the 
     Chinese Government as an employee or advisor;
       ``(D) a Chinese state-owned enterprise or partially or 
     wholly owned subsidiary of a Chinese state-owned enterprise; 
     and
       ``(E) a company, think tank, nonprofit, or other similar 
     entity, which has on its board of directors or with equity 
     ownership or voting control in excess of 5 percent any 
     members of the Chinese Communist Party or executives of a 
     Chinese state-owned enterprise, including the president, vice 
     president, or any other officer who performs a policy making 
     function or any other person who performs similar policy 
     making functions for such enterprise, including an executive 
     officer of a subsidiary of such enterprise who performs such 
     policy making functions.''.
                                 ______
                                 
  SA 5661. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION 
                   OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM 
                   UNDUE INFLUENCE AND OTHER SECURITY THREATS.

       (a) In General.--Clause (iii) of section 1286(c)(8)(A) of 
     the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (10 U.S.C. 4001 note) is amended--
       (1) in subclause (I), by striking ``or'' at the end; and
       (2) by adding at the end the following new subclause:

       ``(III) to provide documented support to a defense or 
     intelligence agency of the applicable country; or''.

       (b) Prohibition on Use of Funds.--
       (1) In general.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2023 or any subsequent fiscal year for the 
     Department of Defense for research, development, test, and 
     evaluation may be provided to an entity that maintains a 
     contract between the entity and an academic institution of 
     the People's Republic of China or the Russian Federation 
     identified on the list developed section 1286(c)(8)(A) of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (10 U.S.C. 4001 note) by reason of being described 
     in clause (ii) or (iii) of such section.
       (2) Waiver.--The Secretary of Defense may waive paragraph 
     (1) with respect to an entity if the Secretary determines 
     that such a waiver is appropriate.
                                 ______
                                 
  SA 5662. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle E of title XII, add the following:

     SEC. 1262. PEACE AND TOLERANCE IN PALESTINIAN EDUCATION.

       (a) Findings.--Congress makes the following findings:
       (1) In 2016 and 2017, the Palestinian Authority published a 
     modified curriculum for school-aged children in grades 1 
     through 11.
       (2) Textbooks used by the Palestinian Authority in the West 
     Bank and Gaza include graphics portraying violence against 
     Israeli soldiers, positive portrayals of individuals who have 
     committed attacks against citizens of Israel, and references 
     to Palestinian efforts to target the ``Zionists''.
       (3) Palestinian Authority textbooks are used at schools 
     sponsored by the United Nations Relief and Works Agency for 
     Palestine Refugees in the Near East because the schools use 
     the textbooks of the host government.
       (4) On April 26, 2018, the Government Accountability Office 
     published a report that found the following:
       (A) Textbooks in schools in areas controlled by the 
     Palestinian Authority feature inaccurate and misleading maps 
     of the region and include militaristic, adversarial imagery 
     and content that incites hatred.
       (B) The Department of State raised with Palestinian 
     officials the objectionable content in the textbooks, 
     including a specific math problem using the number of 
     Palestinian casualties in the First and Second Intifadas.
       (C) In its review of such textbooks, the United Nations 
     Relief and Works Agency for Palestine Refugees in the Near 
     East identified content not aligned with United Nations 
     values. The majority of content so identified presents 
     problematic issues relating to neutrality or bias, including 
     issues relating to maps and references to Jerusalem as the 
     capital of Palestine.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Palestinian Authority has not sufficiently eliminated 
     from the curriculum used in schools in areas controlled by 
     the Palestinian Authority content that encourages violence or 
     intolerance toward other countries and ethnic groups.
       (c) Reports.--
       (1) In general.--The Secretary of State shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report reviewing the curriculum used in schools in areas 
     controlled by the Palestinian Authority or located in Gaza 
     and controlled by any other entity--
       (A) not later than 180 days after the date of the enactment 
     of this Act; and
       (B) during each of the 2 years following the submission of 
     the initial report under subparagraph (A), not later than 90 
     days after the date on which a new school year begins for 
     schools in areas controlled by the Palestinian Authority.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) A determination as to whether the curriculum reviewed 
     contains content that encourages violence or intolerance 
     toward other countries or ethnic groups, and a detailed 
     explanation of the reasons for reaching such determination.
       (B) An assessment of the steps the Palestinian Authority is 
     taking to reform curriculum containing such content at 
     schools so as to conform with standards of peace and 
     tolerance in the Declaration of Principles on Tolerance 
     adopted by member countries of the United Nations 
     Educational, Scientific, and Cultural Organization on 
     November 16, 1995.
       (C) A determination as to whether United States foreign 
     assistance is used, directly or indirectly, to fund the 
     dissemination of such curriculum by the Palestinian 
     Authority.
       (D) A detailed report on the manner in which United States 
     assistance is being used to address curriculum that 
     encourages violence or intolerance toward other countries or 
     ethnic groups.
       (E) A detailed report on United States diplomatic efforts, 
     during the 5-year period preceding the date on which the 
     report is submitted, to encourage peace and tolerance in 
     Palestinian education.
       (F) If any diplomatic effort referred to in subparagraph 
     (E) was terminated by the Secretary of State, the reasons for 
     such termination.
       (3) Public availability.--The Secretary shall make each 
     report required by paragraph (1) available to the public on a 
     publicly accessible internet website of the Department of 
     State.
                                 ______
                                 
  SA 5663. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for

[[Page S5065]]

other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. FOREIGN STATE COMPUTER INTRUSIONS.

       (a) In General.--Chapter 97 of title 28, United States 
     Code, is amended by inserting after section 1605B the 
     following:

     ``Sec. 1605C. Computer intrusions by a foreign state

       ``A foreign state shall not be immune from the jurisdiction 
     of the courts of the United States or of the States in any 
     case not otherwise covered by this chapter in which money 
     damages are sought against a foreign state by a national of 
     the United States for personal injury, harm to reputation, or 
     damage to or loss of property resulting from any of the 
     following activities, whether occurring in the United States 
     or a foreign state:
       ``(1) Unauthorized access to or access exceeding 
     authorization to a computer located in the United States.
       ``(2) Unauthorized access to confidential, electronic 
     stored information located in the United States.
       ``(3) The transmission of a program, information, code, or 
     command to a computer located in the United States, which, as 
     a result of such conduct, causes damage without 
     authorization.
       ``(4) The use, dissemination, or disclosure, without 
     consent, of any information obtained by means of any activity 
     described in paragraph (1), (2), or (3).
       ``(5) The provision of material support or resources for 
     any activity described in paragraph (1), (2), (3), or (4), 
     including by an official, employee, or agent of such foreign 
     state.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 97 of title 28, United States Code, is 
     amended by inserting after the item relating to section 1605B 
     the following:

``1605C. Computer intrusions by a foreign state.''.
       (c) Application.--This section and the amendments made by 
     this section shall apply to any action pending on or filed on 
     or after the date of the enactment of this Act.
                                 ______
                                 
  SA 5664. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle C of title XII, add the following:

     SEC. 1239. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPS-
                   AFFILIATED OPERATIVES ABROAD.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense, shall submit to 
     the appropriate committees of Congress a report that includes 
     a detailed description of--
       (1) all operatives affiliated with the Islamic 
     Revolutionary Guard Corps who serve in diplomatic and 
     consular posts abroad; and
       (2) the ways in which the Department of State and the 
     Department of Defense are working with partner countries to 
     inform such countries of the threat posed by such operatives 
     in third-party countries.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 5665. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle D of title XXXI of division C, add 
     the following:

     SEC. 313__. PRICING PREFERENCE FOR DOMESTIC ENTITIES IN SALE 
                   OF DRAWDOWNS FROM STRATEGIC PETROLEUM RESERVE.

       (a) Definitions.--Section 152 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6232) is amended--
       (1) by striking paragraph (5);
       (2) by redesignating paragraphs (4), (6), (8), (9), (10), 
     and (11) as paragraphs (3), (5), (6), (7), (8), and (9), 
     respectively;
       (3) in each of paragraphs (3) through (9) (as so 
     redesignated), by inserting a paragraph heading, the text of 
     which comprises the term defined in the paragraph;
       (4) by inserting after paragraph (3) (as so redesignated) 
     the following:
       ``(4) Qualified bidder.--The term `qualified bidder' means 
     an individual or entity that--
       ``(A) submits to the Secretary an offer to purchase 
     petroleum products withdrawn from the Reserve and offered for 
     sale pursuant to section 161; and
       ``(B) meets such criteria as the Secretary determines to be 
     appropriate to participate in that sale.''; and
       (5) by striking the section designation and heading and all 
     that follows through ``(2) The term'' and inserting the 
     following:

     ``SEC. 152. DEFINITIONS.

       ``In this part and part C:
       ``(1) Domestic entity.--The term `domestic entity' means a 
     commercial entity that, as determined by the Secretary--
       ``(A) is headquartered in the United States; and
       ``(B) purchases or sells petroleum products in the United 
     States.
       ``(2) Importer.--The term''.
       (b) Pricing Preference for Domestic Entities.--Section 161 
     of the Energy Policy and Conservation Act (42 U.S.C. 6241) is 
     amended--
       (1) in subsection (a), by striking ``the provisions of'';
       (2) in subsection (d)--
       (A) by striking ``(d)(1) Drawdown'' and inserting the 
     following:
       ``(b) Prerequisite Presidential Finding.--
       ``(1) In general.--A drawdown''; and
       (B) in paragraph (2)--
       (i) by striking ``(2) For purposes'' and inserting the 
     following:
       ``(2) Factors for deemed existence.--For purposes''; and
       (ii) by indenting subparagraphs (A) through (C) 
     appropriately;
       (3) in subsection (e)--
       (A) by striking paragraph (2) and inserting the following:
       ``(3) Cancellations.--The Secretary may cancel, in whole or 
     in part, any offer to sell petroleum products as part of any 
     drawdown and sale under this section.''; and
       (B) by striking ``(e)(1) The Secretary'' and all that 
     follows through the end of paragraph (1) and inserting the 
     following:
       ``(c) Procedure for Sales.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall sell petroleum products withdrawn from the Strategic 
     Petroleum Reserve--
       ``(A) at public sale;
       ``(B) after providing public notice of each sale;
       ``(C) for such period as the Secretary considers to be 
     appropriate; and
       ``(D) without regard to Federal, State, or local 
     regulations relating to sales of petroleum products.
       ``(2) Pricing.--The Secretary shall--
       ``(A) establish the price for each sale of petroleum 
     products withdrawn from the Reserve; and
       ``(B) sell the petroleum products to the qualified bidder 
     offering the highest bid, subject to the condition that 
     pricing preference shall be given to qualified bidders that 
     are domestic entities, in accordance with subsection (d).'';
       (4) by inserting after subsection (c) (as so redesignated) 
     the following:
       ``(d) Pricing Preference for Domestic Entities.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, in each sale under this section of petroleum products 
     withdrawn from the Reserve, the Secretary shall provide to 
     qualified bidders that are domestic entities a pricing 
     preference in accordance with paragraph (2).
       ``(2) Mechanism for adjustment.--To provide pricing 
     preference required by paragraph (1) in conducting a sale 
     under this section the Secretary shall, in accordance with 
     subsection (c)--
       ``(A) accept bids from all qualified bidders; but
       ``(B) in evaluating the accepted bids to identify the 
     highest bidder, add to the bid price offered by each 
     qualified bidder that is a domestic entity--
       ``(i) for a domestic entity that is a small business 
     concern (as defined in section 3 of the Small Business Act 
     (15 U.S.C. 632)), an amount equal to the product obtained by 
     multiplying--

       ``(I) the amount of the bid price offered by that domestic 
     entity; and
       ``(II) 15 percent; and

       ``(ii) for a domestic entity that is not a small business 
     concern described in clause (i), an amount equal to the 
     product obtained by multiplying--

       ``(I) the amount of the bid price offered by that domestic 
     entity; and
       ``(II) 10 percent.

       ``(3) Effect of subsection.--Nothing in this subsection--
       ``(A) requires the Secretary to sell petroleum products 
     withdrawn from the Reserve to a domestic entity if the 
     highest bid received from a qualified bidder that is a 
     domestic entity, as adjusted pursuant to paragraph (2), is 
     lower than a bid received from a qualified bidder that is not 
     a domestic entity; or
       ``(B) modifies, supercedes, or otherwise affects the 
     application of, or any requirement under, subsection (h).'';
       (5) in subsection (g)--
       (A) by striking the subsection designation and all that 
     follows through ``Such a'' in the third sentence of paragraph 
     (1) and inserting the following:

[[Page S5066]]

       ``(e) Evaluation; Test Drawdowns.--
       ``(1) Evaluation.--The Secretary shall conduct a continuing 
     evaluation of the drawdown and sales procedures under this 
     section, including the application of the pricing preference 
     for domestic entities under subsection (d).
       ``(2) Test drawdowns.--In conducting an evaluation under 
     paragraph (1), the Secretary may carry out a test drawdown 
     and sale or exchange of petroleum products from the Reserve, 
     subject to the condition that such a'';
       (B) in paragraph (4), by inserting ``, subject to the 
     condition that pricing preference may be provided to domestic 
     entities in accordance with subsection (d), as the Secretary 
     determines to be appropriate'' before the period at the end; 
     and
       (C) by indenting paragraph (6) appropriately;
       (6) in subsection (h)(1)--
       (A) by striking the undesignated matter following 
     subparagraph (D);
       (B) by striking ``(h)(1) If'' and inserting the following:
       ``(f) Presidential Finding on Shortages.--
       ``(1) In general.--Subject to paragraph (2) and subsection 
     (d), the Secretary may drawdown and sell petroleum products 
     from the Strategic Petroleum Reserve if'';
       (C) in subparagraph (A), by striking ``subsection (d)'' and 
     inserting ``subsection (b)'';
       (D) by indenting subparagraphs (A) and (B) appropriately; 
     and
       (E) in subparagraph (D), by striking the comma at the end 
     and inserting a period;
       (7) by redesignating subsections (i) and (j) as subsections 
     (g) and (h), respectively; and
       (8) in paragraph (2) of subsection (h) (as so 
     redesignated), in the paragraph heading, by striking ``In 
     general'' and inserting ``State of hawai'i''.
       (c) Technical and Conforming Amendments.--
       (1) Section 154 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6234) is amended--
       (A) by striking subsection (f) and inserting the following:
       ``(c) Drawdown and Distribution.--
       ``(1) In general.--The drawdown and distribution of 
     petroleum products from the Strategic Petroleum Reserve is 
     authorized only in accordance with section 161.
       ``(2) Prohibition.--A drawdown and distribution of 
     petroleum products for purposes other than the objectives 
     described in section 160(b) shall be prohibited.
       ``(3) Request of funds.--
       ``(A) In general.--In the annual budget submission of the 
     Secretary, the Secretary shall request funds for acquisition, 
     transportation, and injection of petroleum products for 
     storage in the Reserve.
       ``(B) No request.--If no request for funds is submitted 
     under subparagraph (A) for a fiscal year, the Secretary shall 
     provide a written explanation of the reasons why no request 
     was submitted.'';
       (B) in subsection (b), by striking ``(b) The Secretary'' 
     and inserting the following:
       ``(b) Authority of Secretary.--The Secretary''; and
       (C) by striking the section designation and heading and all 
     that follows through ``shall be created'' in subsection (a) 
     and inserting the following:

     ``SEC. 154. STRATEGIC PETROLEUM RESERVE.

       ``(a) Establishment.--A Strategic Petroleum Reserve for the 
     storage of up to 1,000,000,000 barrels of petroleum products 
     shall be established''.
       (2) Section 160 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6240) is amended--
       (A) in subsection (b)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``following objectives:'' and inserting 
     ``objectives of--''; and
       (II) by striking ``(b) The Secretary shall, to the 
     greatest'' and inserting the following:

       ``(b) Objectives for Acquisitions.--The Secretary shall, to 
     the maximum'';
       (ii) by inserting after paragraph (1) the following:
       ``(2) support of domestic entities by providing pricing 
     preference in accordance with section 161(d);''; and
       (iii) by indenting paragraphs (1), (3), (4), and (5) 
     appropriately;
       (B) in subsection (f)--
       (i) by striking ``the Reserve and may sell'' and inserting 
     the following: ``the Reserve; and
       ``(2) subject to section 161(d), may sell'';
       (ii) by striking ``the Secretary may suspend'' and 
     inserting the following: ``the Secretary--
       ``(1) may suspend''; and
       (iii) by striking ``(f) If the'' and inserting the 
     following:
       ``(d) Imminent Severe Energy Supply Interruptions.--If 
     the'';
       (C) in subsection (h)--
       (i) in paragraph (2)--

       (I) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting the clauses 
     appropriately; and
       (II) in the matter preceding clause (i) (as so 
     redesignated), in the second sentence, by striking ``The 
     price paid by the Secretary--'' and inserting the following:

       ``(B) Price.--The price paid by the Secretary for an 
     acquisition pursuant to this subsection--''; and

       (III) by striking ``(2) Crude oil'' and inserting the 
     following:

       ``(2) Pricing for acquisitions.--
       ``(A) Competitive bid.--Crude oil'';
       (ii) in paragraph (1), by striking the second sentence and 
     inserting the following:
       ``(B) Terms and conditions.--Subject to paragraph (2), the 
     Secretary may establish such terms and conditions for an 
     acquisition pursuant to this subsection as the Secretary 
     determines to be necessary.''; and
       (iii) by striking ``(h)(1) If'' and inserting the 
     following:
       ``(e) Declines in Domestic Oil Production.--
       ``(1) Directed acquisitions.--
       ``(A) In general.--If''; and
       (D) by striking the section designation and heading and all 
     that follows through ``(a) The Secretary'' and inserting the 
     following:

     ``SEC. 160. PETROLEUM PRODUCTS FOR STORAGE IN THE RESERVE.

       ``(a) Authority of Secretary.--The Secretary''.
       (3) Section 167 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6247) is amended--
       (A) in subsection (b)--
       (i) in paragraph (3)--

       (I) by striking ``subsection (g) of such section'' and 
     inserting ``subsection (e) of that section''; and
       (II) by striking ``section 160(f)'' and inserting ``section 
     160(d)'';

       (ii) by redesignating paragraphs (2) and (3) as 
     subparagraphs (A) and (B), respectively, and indenting the 
     subparagraphs appropriately;
       (iii) in the undesignated matter following subparagraph (B) 
     (as so redesignated), by striking ``Funds'' and inserting the 
     following:
       ``(2) Availability.--Funds''; and
       (iv) by striking ``(b) Amounts'' and inserting the 
     following:
       ``(b) Obligation of Amounts.--
       ``(1) In general.--Amounts''; and
       (B) in subsection (d), in the matter preceding paragraph 
     (1)--
       (i) by striking ``subsection (g) of such section'' and 
     inserting ``subsection (e) of that section''; and
       (ii) by striking ``section 160(f)'' and inserting ``section 
     160(d)''.
       (4) Section 168(a) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6247a(a)) is amended, in the first sentence, 
     by striking ``product owned'' and inserting ``products 
     owned''.
       (5) The table of contents of the Energy Policy and 
     Conservation Act (42 U.S.C. 6201 note; Public Law 94-163) is 
     amended by striking the items relating to the second part D 
     of title I (relating to expiration) and the second section 
     181 (relating to expiration).
                                 ______
                                 
  SA 5666. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle E of title XII, add the following:

     SEC. 1262. REPORTS ON REVOCATIONS OF DESIGNATIONS OF 
                   ORGANIZATIONS AS FOREIGN TERRORIST 
                   ORGANIZATIONS.

       (a) In General.--Not later than 30 days after the date on 
     which a designation of an organization as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189) is revoked, the Secretary of 
     State and the Director of National Intelligence shall each 
     submit to Congress a report that assesses whether the 
     organization has, during the 2-year period immediately 
     preceding such revocation, directly engaged in any form of 
     terrorism or assisted perpetrators of terrorist activities in 
     any way.
       (b) Form.--The reports required by subsection (a) shall be 
     submitted in unclassified form but may include a classified 
     annex.
                                 ______
                                 
  SA 5667. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle D of title XII, add the following:

     SEC. 1254. REPORT ON EFFORTS TO ENSURE LENDING BY 
                   INTERNATIONAL FINANCIAL INSTITUTIONS IS ON 
                   FAVORABLE TERMS COMPARED TO LENDING BY THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall submit to the appropriate congressional committees a 
     report on steps being taken by the United States Government 
     to work with the International Bank for Reconstruction and 
     Development and the International Development

[[Page S5067]]

     Association (collectively referred to as the ``World Bank''), 
     the International Monetary Fund, and other international 
     financial institutions to create lending conditions that are 
     favorable, as compared to the lending conditions offered by 
     the Government of the People's Republic of China, for 
     countries that are eligible for loans from the International 
     Development Association, the International Bank for 
     Reconstruction and Development, or both.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Commerce, Science, and Transportation, the 
     Committee on Finance, the Committee on Foreign Relations, and 
     the Select Committee on Intelligence of the Senate; and
       (B) the Committee on Energy and Commerce, the Committee on 
     Financial Services, the Committee on Foreign Affairs, the 
     Committee on Ways and Means, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) International financial institution.--The term 
     ``international financial institution'' has the meaning given 
     that term in section 1701(c) of the International Financial 
     Institutions Act (22 U.S.C. 262r(c)).
                                 ______
                                 
  SA 5668. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle D of title XII, add the following:

     SEC. 1254. REPORT ON USE OF SPECIAL DRAWING RIGHTS BY 
                   COUNTRIES PARTICIPATING IN THE BELT AND ROAD 
                   INITIATIVE OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall submit to the appropriate congressional committees a 
     report on how Special Drawing Rights of the International 
     Monetary Fund are being used by countries participating in 
     the Belt and Road Initiative of the People's Republic of 
     China, including an assessment of whether those countries are 
     using Special Drawing Rights to pay off debt to the People's 
     Republic of China.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Commerce, Science, and Transportation, the 
     Committee on Finance, the Committee on Foreign Relations, and 
     the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Energy and Commerce, the Committee on 
     Financial Services, the Committee on Foreign Affairs, the 
     Committee on Ways and Means, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
                                 ______
                                 
  SA 5669. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle E of title VIII, add the following:

     SEC. 875. REPORT ON INVOLVEMENT OF CONTRACTORS IN CERTAIN 
                   POLITICAL MOVEMENTS.

       Not later than 160 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report on whether any contractor of the Department of Defense 
     participates in or supports any organized effort or 
     organization that, based on a belief that Israel is 
     oppressing Palestinians, promotes a boycott of, removal of 
     investments from, or economic sanctions against Israel or any 
     person or entity in Israel.
                                 ______
                                 
  SA 5670. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle E of title V, add the following:

     SEC. 564. EXPANSION OF SKILLBRIDGE PROGRAM.

       (a) Funding.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated in section 4301, line 440 for the Office of the 
     Secretary of Defense, as specified in the corresponding 
     funding table in section 4301, is hereby increased by 
     $5,000,000.
       (b) Use of Funds.--Of the amounts additional authorized to 
     be appropriated under subsection (a), $5,000,0000 shall be 
     available for the Skillbridge program for employers to train 
     service members transitioning to civilian life for supply 
     chain and transportation related employment.
       (c) Offset.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated in section 301 for Operation and Maintenance, 
     Defense-wide, for Washington Headquarters Services, line 470, 
     as specified in the corresponding funding table in section 
     4301, is hereby reduced by $5,000,000.
                                 ______
                                 
  SA 5671. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle E of title V, add the following:

     SEC. 564. EXPANSION OF SKILLBRIDGE PROGRAM.

       (a) Funding.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated in section 4301, line 440 for the Office of the 
     Secretary of Defense, as specified in the corresponding 
     funding table in section 4301, is hereby increased by 
     $5,000,000.
       (b) Use of Funds.--Of the amounts additional authorized to 
     be appropriated under subsection (a), $5,000,0000 shall be 
     available for the Skillbridge program under section 1143(e) 
     of title 10, United States Code, to provide training to 
     members of the Armed Forces to become law enforcement 
     officers.
       (c) Offset.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated in section 301 for Operation and Maintenance, 
     Defense-wide, for Washington Headquarters Services, line 470, 
     as specified in the corresponding funding table in section 
     4301, is hereby reduced by $5,000,000.
                                 ______
                                 
  SA 5672. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X of division A, add the 
     following:

     SEC. ____. RESTRICTIONS ON CONFUCIUS INSTITUTES.

       (a) Definition.--In this section, the term ``Confucius 
     Institute'' means a cultural institute directly or indirectly 
     funded by the Government of the People's Republic of China.
       (b) Restrictions on Confucius Institutes.--An institution 
     of higher education or other postsecondary educational 
     institution (referred to in this section as an 
     ``institution'') shall not be eligible to receive Federal 
     funds from the Department of Education (except funds under 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 
     et seq.) or other Department of Education funds that are 
     provided directly to students) unless the institution ensures 
     that any contract or agreement between the institution and a 
     Confucius Institute includes clear provisions that--
       (1) protect academic freedom at the institution;
       (2) prohibit the application of any foreign law on any 
     campus of the institution; and
       (3) grant full managerial authority of the Confucius 
     Institute to the institution, including full control over 
     what is being taught, the activities carried out, the 
     research grants that are made, and who is employed at the 
     Confucius Institute.
                                 ______
                                 
  SA 5673. Mr. COONS (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of

[[Page S5068]]

the Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. FINANCIAL ASSISTANCE FOR CONSTRUCTION OF TEST BEDS 
                   AND SPECIALIZED FACILITIES.

       Section 34 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278s) is amended--
       (1) by redesignating subsections (f) through (l) as 
     subsections (g) through (m), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Authority to Award Financial Assistance for 
     Construction of Test Beds and Specialized Facilities.--
       ``(1) In general.--The Secretary may, acting through the 
     Director, award financial assistance for the construction of 
     test beds and specialized facilities by Manufacturing USA 
     institutes established or supported under subsection (e) as 
     the Secretary considers appropriate to carry out the purposes 
     of the Program.
       ``(2) Requirements.--The Secretary shall exercise authority 
     under paragraph (1) in a manner and with requirements 
     consistent with paragraphs (3) through (6) and paragraph (8) 
     of subsection (e).
       ``(3) Priority.--The Secretary shall establish preferences 
     in selection criteria for proposals for financial assistance 
     under this subsection from Manufacturing USA institutes that 
     integrate as active members one or more covered entities as 
     described in section 10262 of the Research and Development, 
     Competition, and Innovation Act (Public Law 117-167).''.
                                 ______
                                 
  SA 5674. Mr. COONS (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. FINANCIAL ASSISTANCE FOR CONSTRUCTION OF TEST BEDS 
                   AND SPECIALIZED FACILITIES.

       Section 34 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278s) is amended--
       (1) by redesignating subsections (f) through (l) as 
     subsections (g) through (m), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Authority to Award Financial Assistance for 
     Construction of Test Beds and Specialized Facilities.--
       ``(1) In general.--The Secretary may, acting through the 
     Director, award financial assistance for the construction of 
     test beds and specialized facilities by Manufacturing USA 
     institutes established or supported under subsection (e) as 
     the Secretary considers appropriate to carry out the purposes 
     of the Program.
       ``(2) Requirements.--The Secretary shall exercise authority 
     under paragraph (1) in a manner and with requirements 
     consistent with paragraphs (3) through (6) and paragraph (8) 
     of subsection (e).
       ``(3) Priority.--The Secretary shall establish preferences 
     in selection criteria for proposals for financial assistance 
     under this subsection from Manufacturing USA institutes that 
     integrate as active members one or more covered entities as 
     described in section 10262 of the Research and Development, 
     Competition, and Innovation Act (Public Law 117-167).''.
                                 ______
                                 
  SA 5675. Mr. COONS (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. FINANCIAL ASSISTANCE FOR CONSTRUCTION OF TEST BEDS 
                   AND SPECIALIZED FACILITIES.

       Section 34 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278s) is amended--
       (1) by redesignating subsections (f) through (l) as 
     subsections (g) through (m), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Authority to Award Financial Assistance for 
     Construction of Test Beds and Specialized Facilities.--
       ``(1) In general.--The Secretary may, acting through the 
     Director, award financial assistance for the construction of 
     test beds and specialized facilities by Manufacturing USA 
     institutes established or supported under subsection (e) as 
     the Secretary considers appropriate to carry out the purposes 
     of the Program.
       ``(2) Requirements.--The Secretary shall exercise authority 
     under paragraph (1) in a manner and with requirements 
     consistent with paragraphs (3) through (6) and paragraph (8) 
     of subsection (e).
       ``(3) Priority.--The Secretary shall establish preferences 
     in selection criteria for proposals for financial assistance 
     under this subsection from Manufacturing USA institutes that 
     integrate as active members one or more covered entities as 
     described in section 10262 of the Research and Development, 
     Competition, and Innovation Act (Public Law 117-167).''.
                                 ______
                                 
  SA 5676. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title V, add the following:

     SEC. 575. VERIFICATION OF REPORTING OF ELIGIBLE FEDERALLY 
                   CONNECTED CHILDREN FOR PURPOSES OF FEDERAL 
                   IMPACT AID PROGRAMS.

       (a) Certification.--On an annual basis, each commander of a 
     military installation under the jurisdiction of the Secretary 
     of a military department shall submit to such Secretary a 
     written certification verifying whether the commander has 
     confirmed the information contained in all impact aid source 
     check forms received from local educational agencies as of 
     the date of such certification.
       (b) Report.--Not later June 30 of each year, each Secretary 
     of a military department shall submit to the congressional 
     defense committees a report, based on the information 
     received under subsection (a), that identifies--
       (1) each military installation under the jurisdiction of 
     such Secretary that has confirmed the information contained 
     in all impact aid source check forms received from local 
     educational agencies as of the date of the report; and
       (2) each military installation that has not confirmed the 
     information contained in such forms as of such date.
                                 ______
                                 
  SA 5677. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY THE 
                   DEPARTMENT OF VETERANS AFFAIRS OF DONATED 
                   FACILITIES AND RELATED IMPROVEMENTS.

       (a) In General.--Section 2 of the Communities Helping 
     Invest through Property and Improvements Needed for Veterans 
     Act of 2016 (Public Law 114-294; 38 U.S.C. 8103 note) is 
     amended--
       (1) in subsection (b)(1)(A), by inserting ``or for which 
     funds are available from the Construction, Minor Projects, or 
     Construction, Major Projects appropriations accounts'';
       (2) in subsection (e)(1)--
       (A) in subparagraph (A)--
       (i) by striking ``The Secretary'' and inserting ``Except as 
     otherwise provided in this paragraph, the Secretary''; and
       (ii) by inserting ``or funds already generally available in 
     the Construction, Minor Projects, or Construction, Major 
     Projects appropriations accounts'' after ``that are in 
     addition to the funds appropriated for the facility'';
       (B) in subparagraph (B), by striking ``subparagraph (A)'' 
     and inserting ``this paragraph'';
       (C) by redesignating subparagraph (B) as subparagraph (F); 
     and
       (D) by inserting after subparagraph (A) the following new 
     subparagraphs:
       ``(B) Unobligated amounts.--The Secretary may provide 
     additional funds to help an entity described in subsection 
     (a)(2) finance, design, or construct a facility in connection 
     with real property and improvements to be donated under the 
     pilot program and proposed to be accepted by the Secretary 
     under subsection (b)(1)(B) if--

[[Page S5069]]

       ``(i) the Secretary determines that doing so is in the best 
     interest of the Department and consistent with the mission of 
     the Department; and
       ``(ii) funding provided under this subparagraph--

       ``(I) is in addition to amounts that have been appropriated 
     for the facility before the date on which the Secretary and 
     the entity enter into a formal agreement under subsection (c) 
     for the construction and donation of the real property and 
     improvements; and
       ``(II) is derived only from amounts that--

       ``(aa) are unobligated balances available in the 
     Construction, Minor Projects, or Construction, Major Projects 
     appropriations accounts of the Department that--
       ``(AA) are not associated with a specific project; or
       ``(BB) are amounts that are associated with a specific 
     project, but are unobligated because they are the result of 
     bid savings; and
       ``(bb) were appropriated to such an account before the date 
     described in subclause (I).
       ``(C) Escalation clauses.--
       ``(i) In general.--The Secretary may include an escalation 
     clause in a formal agreement under subsection (c) that 
     authorizes an escalation of not more than an annual amount 
     based on a rate established in the formal agreement and 
     mutually agreed upon by the Secretary and an entity to 
     account for inflation for an area if the Secretary 
     determines, after consultation with the head of an 
     appropriate Federal entity that is not part of the 
     Department, that such escalation is necessary and in the best 
     interest of the Department.
       ``(ii) Use of existing amounts.--The Secretary may obligate 
     funds pursuant to clause (i) in connection with a formal 
     agreement under subsection (c) using amounts that--

       ``(I) are unobligated balances available in the 
     Construction, Minor Projects, or Construction, Major Projects 
     appropriations accounts of the Department that--

       ``(aa) are not associated with a specific project; or
       ``(bb) are amounts that are associated with a specific 
     project, but are unobligated because they are the result of 
     bid savings; and

       ``(II) were appropriated to such an account before the date 
     on which the Secretary and the entity entered into the formal 
     agreement.

       ``(D) Availability.--Unobligated amounts shall be available 
     pursuant to subparagraphs (B) and (C) only to the extent and 
     in such amounts as provided in advance in appropriations Acts 
     subsequent to date of the enactment of the CHIP-IN 
     Improvement Act of 2022, subject to subparagraph (E).
       ``(E) Limitation.--Unobligated amounts made available 
     pursuant to subparagraphs (B) and (C) may not exceed 40 
     percent of the amount appropriated for the facility before 
     the date on which the Secretary and the entity entered into a 
     formal agreement under subsection (c).''; and
       (3) in subsection (j)--
       (A) by striking ``Rule'' and inserting ``Rules'';
       (B) by striking ``Nothing in'' and inserting the following:
       ``(1) Entering arrangements and agreements.--Nothing in''; 
     and
       (C) by adding at the end the following new paragraph:
       ``(2) Treatment of assistance.--Nothing provided under this 
     section shall be treated as Federal financial assistance as 
     defined in section 200.40 of title 2, Code of Federal 
     Regulations, as in effect on February 21, 2021.''.
       (b) Amendments to Existing Agreements.--Each agreement 
     entered into under section (2)(c) of such Act before the date 
     of the enactment of this Act that was in effect on the date 
     of the enactment of this Act may be amended to incorporate 
     terms authorized by subparagraphs (B) and (C) of section 
     2(e)(1) of such Act, as added by subsection (a)(2)(D) of this 
     section.
                                 ______
                                 
  SA 5678. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title V, add the following:

     SEC. 575. SENSE OF CONGRESS ON TUITION ASSISTANCE FOR MEMBERS 
                   OF THE AIR NATIONAL GUARD AND RESERVE.

       It is the sense of Congress that members of the Air 
     National Guard and Reserve should have similar access to 
     Federal tuition assistance as their Army National Guard and 
     Reserve counterparts.
                                 ______
                                 
  SA 5679. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle A of title VII, add the following:

     SEC. 706. SENSE OF CONGRESS ON ACCESS TO MENTAL HEALTH 
                   SERVICES THROUGH TRICARE.

       It is the sense of Congress that the Defense Health Agency 
     should take all necessary steps to ensure members of the 
     Armed Forces, including members of the reserve components of 
     the Armed Forces, and their families have timely access to 
     mental and behavioral health care services through the 
     TRICARE program.
                                 ______
                                 
  SA 5680. Mr. COONS (for himself and Mr. Blunt) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD 
                   ABUSE CASES.

       The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et 
     seq.) is amended--
       (1) in section 211 (34 U.S.C. 20301)--
       (A) in paragraph (1)--
       (i) by striking ``3,300,000'' and inserting ``3,400,000''; 
     and
       (ii) by striking ``, and drug abuse is associated with a 
     significant portion of these'';
       (B) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9), respectively;
       (C) by inserting afer paragraph (2) the following:
       ``(3) a key to a child victim healing from abuse is access 
     to supportive and healthy families and communities;''; and
       (D) in paragraph (9)(B), as so redesignated, by inserting 
     ``, and operations of centers'' before the period at the end;
       (2) in section 212 (34 U.S.C. 20302)--
       (A) in paragraph (5), by inserting ``coordinated team'' 
     before ``response''; and
       (B) in paragraph (8), by inserting ``organizational 
     capacity'' before ``support'';
       (3) in section 213 (34 U.S.C. 20303)--
       (A) in subsection (a)--
       (i) in the heading, by inserting ``and Maintenance'' after 
     ``Establishment'';
       (ii) in the matter preceding paragraph (1)--

       (I) by striking ``, in coordination with the Director of 
     the Office of Victims of Crime,''; and
       (II) by inserting ``and maintain'' after ``establish'';

       (iii) in paragraph (3)--

       (I) by striking ``and victim advocates'' and inserting 
     ``victim advocates, multidisciplinary team leadership, and 
     children's advocacy center staff''; and
       (II) by striking ``and'' at the end;

       (iv) by redesignating paragraph (4) as paragraph (5);
       (v) by inserting after paragraph (3) the following:
       ``(4) provide technical assistance, training, coordination, 
     and organizational capacity support for State chapters; 
     and''; and
       (vi) in paragraph (5), as so redesignated, by striking 
     ``and oversight to'' and inserting ``organizational capacity 
     support, and oversight of'';
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by inserting ``and maintain'' 
     after ``establish''; and
       (II) in the matter following subparagraph (B), by striking 
     ``and technical assistance to aid communities in 
     establishing'' and inserting ``training and technical 
     assistance to aid communities in establishing and 
     maintaining''; and

       (ii) in paragraph (2)--

       (I) in subparagraph (A)--

       (aa) in clause (ii), by inserting ``Center'' after 
     ``Advocacy''; and
       (bb) in clause (iii), by striking ``of, assessment of, and 
     intervention in'' and inserting ``and intervention in 
     child''; and

       (II) in subparagraph (B), by striking ``centers and 
     interested communities'' and inserting ``centers, interested 
     communities, and chapters''; and

       (C) in subsection (c)--
       (i) in paragraph (2)--

       (I) in subparagraph (B), by striking ``evaluation, 
     intervention, evidence gathering, and counseling'' and 
     inserting ``investigation and intervention in child abuse''; 
     and
       (II) in subparagraph (E), by striking ``judicial handling 
     of child abuse and neglect'' and inserting 
     ``multidisciplinary response to child abuse'';

       (ii) in paragraph (3)(A)(i), by striking ``so that 
     communities can establish multidisciplinary programs that 
     respond to child abuse'' and inserting ``and chapters so that 
     communities can establish and maintain multidisciplinary 
     programs that respond to child abuse and chapters can 
     establish and

[[Page S5070]]

     maintain children's advocacy centers in their State'';
       (iii) in paragraph (4)(B)--

       (I) in clause (iii), by striking ``and'' at the end;
       (II) in by redesignating clause (iv) as clause (v); and
       (III) by inserting after clause (iii) the following:

       ``(iv) best result in supporting chapters in each State; 
     and''; and
       (iv) in paragraph (6), by inserting ``under this Act'' 
     after ``recipients'';
       (4) in section 214 (34 U.S.C. 20304)--
       (A) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Administrator shall make grants to--
       ``(1) establish and maintain a network of care for child 
     abuse victims where investigation, prosecutions, and 
     interventions are continually occurring and coordinating 
     activities within local children's advocacy centers and 
     multidisciplinary teams;
       ``(2) develop, enhance, and coordinate multidisciplinary 
     child abuse investigations, intervention, and prosecution 
     activities;
       ``(3) promote the effective delivery of the evidence-based, 
     trauma-informed Children's Advocacy Center Model and the 
     multidisciplinary response to child abuse; and
       ``(4) develop and disseminate practice standards for care 
     and best practices in programmatic evaluation, and support 
     State chapter organizational capacity and local children's 
     advocacy center organizational capacity and operations in 
     order to meet such practice standards and best practices.'';
       (B) in subsection (b), by striking ``, in coordination with 
     the Director of the Office of Victims of Crime,'';
       (C) in subsection (c)(2)--
       (i) in subparagraph (C), by inserting ``to the greatest 
     extent practicable, but in no case later than 72 hours,'' 
     after ``hours''; and
       (ii) by striking subparagraphs (D) through (I) and 
     inserting the following:
       ``(D) Forensic interviews of child victims by trained 
     personnel that are used by law enforcement, health, and child 
     protective service agencies to interview suspected abuse 
     victims about allegations of abuse.
       ``(E) Provision of needed follow up services such as 
     medical care, mental healthcare, and victims advocacy 
     services.
       ``(F) A requirement that, to the extent practicable, all 
     interviews and meetings with a child victim occur at the 
     children's advocacy center or an agency with which there is a 
     linkage agreement regarding the delivery of multidisciplinary 
     child abuse investigation, prosecution, and intervention 
     services.
       ``(G) Coordination of each step of the investigation 
     process to eliminate duplicative forensic interviews with a 
     child victim.
       ``(H) Designation of a director for the children's advocacy 
     center.
       ``(I) Designation of a multidisciplinary team coordinator.
       ``(J) Assignment of a volunteer or staff advocate to each 
     child in order to assist the child and, when appropriate, the 
     child's family, throughout each step of intervention and 
     judicial proceedings.
       ``(K) Coordination with State chapters to assist and 
     provide oversight, and organizational capacity that supports 
     local children's advocacy centers, multidisciplinary teams, 
     and communities working to implement a multidisciplinary 
     response to child abuse in the provision of evidence-informed 
     initiatives, including mental health counseling, forensic 
     interviewing, multidisciplinary team coordination, and victim 
     advocacy.
       ``(L) Such other criteria as the Administrator shall 
     establish by regulation.''; and
       (D) by striking subsection (f) and inserting the following:
       ``(f) Grants to State Chapters for Assistance to Local 
     Children's Advocacy Centers.--In awarding grants under this 
     section, the Administrator shall ensure that a portion of the 
     grants is distributed to State chapters to enable State 
     chapters to provide oversight, training, and technical 
     assistance to local centers on evidence-informed initiatives 
     including mental health, counseling, forensic interviewing, 
     multidisciplinary team coordination, and victim advocacy.'';
       (5) in section 214A (34 U.S.C. 20305)--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``attorneys and other 
     allied'' and inserting ``prosecutors and other attorneys and 
     allied''; and
       (ii) in paragraph (2)(B), by inserting ``Center'' after 
     ``Advocacy''; and
       (B) in subsection (b)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) a significant connection to prosecutors who handle 
     child abuse cases in State courts, such as a membership 
     organization or support service providers; and''; and
       (6) by striking 214B (34 U.S.C. 20306) and inserting the 
     following:

     ``SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out 
     sections 213, 214, and 214A, $40,000,000 for each of fiscal 
     years 2023 through 2029.''.
                                 ______
                                 
  SA 5681. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                  TITLE _____--DRIVING FOR OPPORTUNITY

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Driving for Opportunity 
     Act of 2021''.

     SEC. ___02. FINDINGS.

       Congress finds the following:
       (1) Driving a vehicle is an essential aspect of the daily 
     lives of most people in the United States.
       (2) Driving is often required to access jobs and 
     healthcare, take care of family, get groceries, and fulfill 
     other basic responsibilities.
       (3) In many small cities, towns, and rural areas that do 
     not have public transportation and ridesharing alternatives, 
     driving is often the only realistic means of transportation.
       (4) Even in cities with public transportation and 
     ridesharing options, individuals vulnerable to infection 
     during the COVID-19 pandemic and those complying with public 
     health guidance regarding social distancing are increasingly 
     reliant on driving as their primary means of transportation 
     for essential travel.
       (5) In the United States, millions of Americans have had 
     their driver's licenses suspended for unpaid court fines and 
     fees.
       (6) A person whose driver's license is suspended or revoked 
     for unpaid fines and fees will often find it more difficult 
     to earn a living and therefore pay the debt owed to the 
     government.
       (7) The barrier to employment posed by driver's license 
     suspensions and revocations for unpaid fines and fees is 
     especially problematic during the COVID-19 pandemic, when the 
     unemployment rate is the highest it has been since the Great 
     Depression.
       (8) Drunk and dangerous driving are some of the leading 
     causes of death and serious bodily injury in the United 
     States, and promoting safety on the roads is a legitimate, 
     necessary, and core governmental function. Suspending a 
     license for unsafe driving conduct presents different 
     considerations than suspending a license for unpaid fines and 
     fees. Suspending a license for unsafe driving is an 
     appropriate tool to protect public safety. Policymakers also 
     may consider alternatives to suspension of a license for 
     unsafe driving such as ignition interlock device programs.
       (9) According to the National Highway Traffic Safety 
     Administration, every year on average, over 34,000 people are 
     killed and 2,400,000 more people are injured in motor vehicle 
     crashes. Some of the major causes of these crashes include 
     speeding, impaired driving, and distracted driving. Nearly 
     half of passenger vehicle occupants killed in crashes are 
     unrestrained. The societal harm caused by motor vehicle 
     crashes has been valued at $836,000,000,000 annually. The 
     enactment of, enforcement of, and education regarding traffic 
     laws are key to addressing unsafe behavior and promoting 
     public safety.
       (10) However, most driver's license suspensions are not 
     based on the need to protect public safety.
       (11) In the State of Florida, 1,100,000 residents received 
     a suspension notice for unpaid fines and fees in 2017 alone.
       (12) Between 2010 and 2017, all but 3 States increased the 
     amount of fines and fees for civil and criminal violations.
       (13) In the United States, 40 percent of all driver's 
     license suspensions are issued for conduct that was unrelated 
     to driving.
       (14) In 2015, the State of Washington calculated that State 
     troopers spent 70,848 hours dealing with license suspensions 
     for non-driving offenses.
       (15) The American Association of Motor Vehicle 
     Administrators estimated that arresting a person for driving 
     with a suspended license can take 9 hours of an officer's 
     time, including waiting for a tow truck, transporting an 
     individual to jail, filling out paperwork, making a court 
     appearance, and other administrative duties and accordingly 
     Washington State Patrol Chief John Batiste called non-driving 
     suspensions a ``drain on the system as a whole''.
       (16) The Colorado Department of Motor Vehicles determined 
     that suspending driver's licenses for offenses unrelated to 
     driving consumed 8,566 hours per year of staff time in the 
     Department.
       (17) Many States impose a significant fee for reinstating a 
     suspended driver's license, such as Alabama, where the fee is 
     $275.
       (18) Driving on a suspended license is one of the most 
     common criminal charges in jurisdictions across the country.
       (19) Seventy-five percent of those with suspended licenses 
     report continuing to drive.
       (20) It is more likely that those people are also driving 
     without insurance due to the costs and restrictions 
     associated with obtaining auto insurance on a suspended 
     license, thereby placing a greater financial burden on other 
     drivers when a driver with a suspended license causes an 
     accident.
       (21) The American Association of Motor Vehicle 
     Administrators has concluded the following: ``Drivers who 
     have been suspended for social non-conformance-related 
     offenses are often trapped within the system. Some cannot 
     afford to pay the original fines, and may lose their ability 
     to legally get to and from work as a result of the 
     suspension. Many make the decision to drive while suspended. 
     The suspension results in increased

[[Page S5071]]

     financial obligations through new requirements such as 
     reinstatement fees, court costs, and other penalties. While 
     there is a clear societal interest in keeping those who are 
     unfit to drive off the roads, broadly restricting licenses 
     for violations unrelated to an individual's ability to drive 
     safely may do more harm than good. This is especially true in 
     areas of the country that lack alternative means of 
     transportation. For those individuals, a valid driver license 
     can be a means to survive. Local communities, employers, and 
     employees all experience negative consequences as a result of 
     social non-conformity suspensions, including unemployment, 
     lower wages, fewer employment opportunities and hiring 
     choices, and increased insurance costs.''.
       (22) A report by the Harvard Law School Criminal Justice 
     Policy Program concluded the following: ``The suspension of a 
     driver's or professional license is one of the most pervasive 
     poverty traps for poor people assessed a fine that they 
     cannot afford to pay. The practice is widespread. Nearly 40 
     percent of license suspensions nationwide stem from unpaid 
     fines, missed child support payments, and drug offenses--not 
     from unsafe or intoxicated driving or failing to obtain 
     automotive insurance. Suspension of a driver's or 
     professional licenses is hugely counterproductive; it 
     punishes non-payment by taking away a person's means for 
     making a living. License suspension programs are also 
     expensive for States to run and they distract law enforcement 
     efforts from priorities related to public safety. License 
     suspensions may also be unconstitutional if the license was 
     suspended before the judge determined the defendant had the 
     ability to pay the criminal justice debt.''.

     SEC. ___03. GRANTS FOR DRIVER'S LICENSES REINSTATEMENT 
                   PROGRAMS.

       Subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is 
     amended--
       (1) in section 501(a) (34 U.S.C. 10152(a)), by adding at 
     the end the following:
       ``(3) Grants for driver's license reinstatement programs.--
       ``(A) In general.--In addition to grants made under 
     paragraph (1), the Attorney General may make grants to States 
     described in subparagraph (B) to cover costs incurred by the 
     State to reinstate or renew driver's licenses or motor 
     vehicle registrations previously suspended, revoked, or 
     failed to be renewed for unpaid civil or criminal fines or 
     fees.
       ``(B) States described.--A State described in this 
     subparagraph is a State that--
       ``(i) does not have in effect any State or local law that 
     permits--

       ``(I) the suspension or revocation of, or refusal to renew, 
     a driver's license of an individual based on the individual's 
     failure to pay a civil or criminal fine or fee; or
       ``(II) the refusal to renew the registration of a motor 
     vehicle based on the owner's failure to pay a civil or 
     criminal fine or fee; and

       ``(ii) during the 3-year period ending on the date on which 
     the State applies for or receives a grant under this 
     paragraph, has repealed a State or local law that permitted 
     the suspension or revocation of, or refusal to renew, 
     driver's licenses or the registration of a motor vehicle 
     based on the failure to pay civil or criminal fines or fees.
       ``(C) Criteria.--The Attorney General shall award grants 
     under this paragraph to States described in subparagraph (B) 
     that submit a plan to reinstate or renew driver's licenses or 
     motor vehicle registrations previously suspended, revoked, or 
     failed to be renewed for unpaid civil or criminal fines or 
     fees--
       ``(i) to maximize the number of individuals with suspended 
     or revoked driver's licenses or motor vehicle registrations 
     eligible to have driving privileges reinstated or regained;
       ``(ii) to provide assistance to individuals living in areas 
     where public transportation options are limited; and
       ``(iii) to ease the burden on States where the State or 
     local law described in subparagraph (B)(ii) was in effect 
     during the 3-year period ending on the date on which a State 
     applies for a grant under this paragraph in accordance with 
     section 502.
       ``(D) Amount.--Each grant awarded under this paragraph 
     shall be not greater than 5 percent of the amount allocated 
     to the State in accordance with the formula established under 
     section 505.
       ``(E) Report.--Not later than 1 year after the date on 
     which a grant is made to a State under this paragraph, the 
     State shall submit to the Attorney General a report that 
     describes the actions of the State to carry out activities 
     described in subparagraph (A), including with respect to--
       ``(i) the population served by the program;
       ``(ii) the number of driver's licenses and motor vehicle 
     registrations reinstated or renewed under the program; and
       ``(iii) all costs to the State of the program, including 
     how the grants under this paragraph were spent to defray such 
     costs.''; and
       (2) in section 508--
       (A) by striking ``There'' and inserting ``(a) In General.--
     There''; and
       (B) by adding at the end the following:
       ``(b) Driver's License Reinstatement Programs.--There is 
     authorized to be appropriated to carry out section 501(a)(3) 
     $10,000,000 for each of fiscal years 2022 through 2026.''.

     SEC. ___04. GAO STUDY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the implementation of the grant 
     program in paragraph (3) of section 501(a) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10152(a)), as added by section ___03(a) of this title, that--
       (1) includes what is known about the effect of repealing 
     State laws, in selected States, that had permitted the 
     suspension or revocation of, or refusal to renew, driver's 
     licenses or the registration of a motor vehicle based on the 
     failure to pay civil or criminal fines or fees, including 
     such factors, to the extent information is available, as--
       (A) the collection of fines and fees;
       (B) the usage of law enforcement resources;
       (C) economic mobility and unemployment;
       (D) rates of enforcement of traffic safety laws through the 
     tracking of number of summonses and violations issued 
     (including those related to automated enforcement 
     technologies);
       (E) the use of suspensions for public safety-related 
     reasons (including reckless driving, speeding, and driving 
     under the influence);
       (F) safety-critical traffic events (including in localities 
     with automated enforcement programs);
       (G) the rates of license suspensions and proportion of 
     unlicensed drivers;
       (H) racial and geographic disparities; and
       (I) administrative costs (including costs associated with 
     the collection of fines and fees and with the reinstatement 
     of driver's licenses); and
       (2) includes what is known about--
       (A) existing alternatives to driver's license suspension as 
     methods of enforcement and collection of unpaid fines and 
     fees; and
       (B) existing alternatives to traditional driver's license 
     suspension for certain kinds of unsafe driving, including 
     models that allow drivers to continue to drive legally while 
     pursuing driver improvement opportunities.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on the Judiciary and the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on the Judiciary and the Committee on 
     Transportation and Infrastructure a report on the study 
     required under subsection (a).

     SEC. ___05. REPEAL.

       (a) In General.--Section 159 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 159.
                                 ______
                                 
  SA 5682. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

               Subtitle G--Democracy in the 21st Century

     SECTION 1281. SHORT TITLE.

       This subtitle may be cited as the ``Madeleine K. Albright 
     Democracy in the 21st Century Act''.

     SEC. 1282. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Appropriations of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Civil and political rights.--The term ``civil and 
     political rights'' means the equal and inalienable rights of 
     all members of the human family as provided for in the 
     International Covenant on Civil and Political Rights, done in 
     New York December 16, 1966.
       (3) Democracy programs.--For purposes of funds authorized 
     to be appropriated by this subtitle, the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), or appropriated under 
     any Act making appropriations for the Department of State, 
     foreign operations, and related programs, the term 
     ``democracy programs'' means programs that, consistent with 
     section 133(b) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2152c(b)) and the International Covenant on Civil and 
     Political Rights, done at New York December 16, 1966, 
     support--
       (A) good governance;
       (B) credible and competitive elections;
       (C) freedom of expression, association, assembly, and 
     religion;
       (D) human rights, labor rights, independent media, and the 
     rule of law; and
       (E) otherwise strengthen the capacity of democratic 
     political parties, governments, nongovernmental organizations 
     and institutions, and citizens to support the development of 
     democratic states and institutions that are responsive and 
     accountable to citizens.
       (4) NED.--The term ``NED'' means the National Endowment for 
     Democracy.

[[Page S5072]]

       (5) Relevant federal departments and agencies.--The term 
     ``relevant Federal departments and agencies'' means--
       (A) the Department of State;
       (B) the United States Agency for International Development; 
     and
       (C) other Federal agencies that the President determines 
     are relevant for purposes of this subtitle.
       (6) USAID.--The term ``USAID'' means the United States 
     Agency for International Development.

     SEC. 1283. PROGRAM PRIORITIZATION AND DEMOCRACY STRATEGY.

       (a) Program Prioritization .--As the global leader in 
     promoting and advancing democratic principles, the United 
     States Government should prioritize democracy programs that--
       (1) align and are coordinated with diplomatic and security 
     strategies for a given country or region;
       (2) advance democracy worldwide, including during a 
     country's transition to democracy and the consolidation of 
     democracy following such a transition, and address democratic 
     backsliding in a country;
       (3) support democracy and democratic voices in closed and 
     repressive societies, including those defending the exercise 
     of civil and political rights;
       (4) counter the malign influence of the People's Republic 
     of China, the Russian Federation, and other authoritarian 
     governments;
       (5) counter corruption and kleptocracy, including by 
     enhancing transparent, accountable, and responsive 
     governance;
       (6) promote and protect independent media, civil society 
     activists, writers, artists, and intellectuals;
       (7) counter misinformation and disinformation, but 
     especially in the digital domain;
       (8) counter authoritarian abuse of technology, and prevent 
     manipulation--especially through digital means--of elections, 
     electoral data, and critical electoral infrastructure;
       (9) combat digital authoritarianism, including the use of 
     the internet and other digital technologies to restrict the 
     exercise of civil and political rights;
       (10) promote internet freedom and the use of technology 
     that furthers democracy and the exercise of civil and 
     political rights;
       (11) counter transnational repression and the extra-
     territorial extension of repressive measures, as well as the 
     increasing use of arbitrary detention;
       (12) respond rapidly to democratic openings or backsliding, 
     and adapt to evolving dynamics on the ground;
       (13) promote civic education, voter education, and enhanced 
     citizen participation in democratic processes;
       (14) protect the civil and political rights of religious 
     and ethnic minorities;
       (15) seek to ensure the integrity of elections abroad; and
       (16) establish and promote democracy partnerships to 
     maximize support to a country where a democratic opening is 
     underway or the respective government is a genuine partner 
     for democratic reform.
       (b) Strategy.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a comprehensive strategy to promote democracy abroad 
     that is informed by extensive consultations with the local 
     actors impacted by such programs. The strategy shall 
     encompass a whole of government approach to such efforts, and 
     include detailed information on funding, goals and 
     objectives, and oversight.

     SEC. 1284. AUTHORITIES AND LIMITATION.

       (a) Beneficiaries.--Funds that are made available by this 
     subtitle for the National Endowment for Democracy are made 
     available pursuant to the authority of the National Endowment 
     for Democracy Act (title V of Public Law 98-164), including 
     all decisions regarding the selection of beneficiaries.
       (b) Restrictions on Foreign Government Interference.--
       (1) Prior approval.--With respect to the provision of 
     assistance for democracy programs by relevant Federal 
     departments and agencies, the organizations implementing such 
     assistance, the specific nature of that assistance, and the 
     participants in such programs shall not be subject to the 
     prior approval by the government of any foreign country.
       (2) Disclosure of implementing partner information.--If the 
     Secretary of State, in consultation with the Administrator of 
     the United States Agency for International Development, 
     determines that the government of a country is undemocratic 
     or has engaged in gross violations of civil and political 
     rights, any new bilateral agreement governing the terms and 
     conditions under which assistance is provided to such a 
     country shall not require the disclosure of the names of 
     implementing partners of democracy programs, and the 
     Secretary of State and the USAID Administrator shall 
     expeditiously seek to negotiate amendments to existing 
     bilateral agreements, as necessary, to conform to this 
     requirement.
       (3) Reporting requirement.--The Secretary of State, in 
     coordination with the USAID Administrator, shall submit a 
     report to the appropriate congressional committees, not later 
     than 180 days after the date of the enactment of this Act, 
     and annually thereafter until September 30, 2026, detailing 
     steps taken by the Department of State and USAID to comply 
     with the requirements of this subsection.
       (c) Protecting Implementing Partners.--
       (1) In general.--Where it is determined by the Secretary of 
     State, in consultation with the USAID Administrator, or the 
     NED President, as appropriate, that a country is undemocratic 
     or has engaged in gross violations of civil and political 
     rights, the names of implementing persons and organizations 
     of democracy activities and programs supported by the 
     Department of State, USAID, or NED shall not be required 
     under section 552 of title 5, United States Code (commonly 
     referred to as the ``Freedom of Information Act'').
       (2) Reporting requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the NED President 
     shall submit a report to the appropriate committees on the 
     uses of the authority provided in paragraph (1) on a case-by-
     case basis, which shall be updated every 180 days thereafter.
       (d) Information Sharing.--The Secretary of State and the 
     USAID Administrator shall regularly inform the NED President 
     of democracy programs that are planned and supported by such 
     agencies, and the NED President shall regularly inform such 
     Secretary and Administrator of programs that are planned and 
     supported by the NED, consistent with the requirements of 
     section 505(b) of the National Endowment for Democracy Act 
     (22 U.S.C. 4414(b)).
       (e) Digital Security.--Democracy programs supported by 
     funds authorized to be appropriated pursuant to section 1287 
     should include a component on digital security to enhance the 
     security and safety of implementers and beneficiaries, 
     including, as appropriate, assistance for civil society 
     organizations to counter government surveillance, censorship, 
     and repression by digital means.
       (f) Audits.--Section 504(g) of the National Endowment for 
     Democracy Act (22 U.S.C. 4413(g)) is amended by striking 
     ``United States Information Agency'' and inserting 
     ``Department of State Office of Inspector General''.

     SEC. 1285. ESTABLISHMENT OF THE DEMOCRACY IN THE 21ST CENTURY 
                   FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Democracy in 
     the 21st Century Fund'' (in this subsection referred to as 
     ``the Fund''), to be administered by the Secretary of State, 
     following consultation with the Administrator of the United 
     States Agency for International Development and the 
     appropriate congressional committees, consisting of amounts 
     authorized to be appropriated by section 1287, to advance the 
     comprehensive strategy under section 1283, including the 
     programs of the Department of State, USAID, and the National 
     Endowment for Democracy described in subsections (b), (c), 
     (d), and (e).
       (b) Defending Democracy Globally.--The Secretary of State, 
     in coordination with the USAID Administrator and in 
     consultation with the appropriate congressional committees, 
     shall establish a program to defend democracy globally by--
       (1) strengthening and enhancing the Department of State and 
     USAID's ability to respond quickly and flexibly to democratic 
     openings and backsliding;
       (2) assisting fledgling or struggling democracies deliver 
     services and meet expectations for their populations, in 
     consultation and coordination with the governments of such 
     democracies, in order to further reforms and strategies 
     identified by such governments through consultation with 
     respective civil societies;
       (3) supporting, in cooperation with other international 
     donors and in consultation with nongovernmental 
     organizations, independent and public interest media 
     worldwide to help such media resist the overlapping 
     challenges of authoritarian encroachment, threats to their 
     financial viability, and litigation and regulatory 
     environments meant to undercut their ability to operate;
       (4) centering democratic values and the promotion of civil 
     and political rights in current and emerging technologies, 
     and countering efforts by authoritarian governments to 
     surveil, censor, or otherwise repress populations by digital 
     means, including through programs that--
       (A) counter disinformation;
       (B) establish an initiative to help countries around the 
     world implement governing regulations for the procurement and 
     use of technology consistent with civil and political rights;
       (C) provide ``digital public goods'' to reduce the appeal 
     of authoritarian-leaning technologies to cash strapped 
     countries;
       (D) provide education on digital literacy to key 
     populations; and
       (E) support the ongoing prioritization of democratic values 
     in technological development in the years to come;
       (5) establishing international coalitions of governmental 
     and nongovernmental actors dedicated to coordinating 
     messaging, technical assistance programming, and rules-based 
     governance approaches related to issues that impact 
     democracy, particularly coalitions focused on--
       (A) preserving election integrity by assisting elections to 
     meet coalition-defined standards of electoral integrity and 
     deterring or combating external influence in elections 
     abroad, including cyber intrusion, disinformation, and other 
     threats; and
       (B) protecting supply chains from being tainted by the 
     products of forced labor; and
       (6) supporting human rights defenders, democracy advocates 
     at risk, writers, artists, and others who were forced to flee 
     repression in their home countries so that they can safely 
     continue their activism in exile.

[[Page S5073]]

       (c) Combating Corruption and Kleptocracy.--The Secretary of 
     State, in coordination with the USAID Administrator and in 
     consultation with the appropriate congressional committees, 
     shall establish a program to support efforts by foreign 
     governments, civil society, and the private sector to combat 
     corruption and kleptocracy abroad, including through efforts 
     that--
       (1) enhance government transparency, accountability, and 
     responsiveness across relevant sectors;
       (2) improve detection and exposure of corruption crimes, 
     including those that cross borders, improve citizen oversight 
     and advocacy, protect free expression and civic activism, and 
     bolster investigative journalism and media independence;
       (3) expand investigations and prosecutions of corrupt acts 
     and hold corrupt actors accountable, and assist in the 
     adoption and implementation of anticorruption preventive 
     measures and promotion of good governance and public 
     administration;
       (4) build effective, impartial judiciaries;
       (5) address corruption in key sectors, whether at the level 
     of delivery of services to citizens, important governmental 
     processes such as procurement, or priority economic sectors;
       (6) strengthen democratic norms and standards at the local, 
     national, regional, and international levels;
       (7) augment cooperation with the private sector and key 
     industries to root out corruption that harms competitiveness, 
     economic growth, and development and taints critical supply 
     chains;
       (8) strengthen cross-sectoral collaboration among 
     nongovernmental organizations essential to combatting well-
     resourced transnational kleptocratic networks;
       (9) address corrosive capital and the strategic use of 
     corruption by authoritarian states to undermine democracy and 
     good governance;
       (10) provide essential skills and resources to civil 
     society and media to counter corruption and address the weak 
     governance and poor human rights conditions that cultivate 
     corruption; and
       (11) foster public demand for accountable and transparent 
     government.
       (d) Democracy Research and Development.--The Secretary of 
     State, in consultation with the USAID Administrator and in 
     consultation with the appropriate congressional committees, 
     shall establish a program for democracy research and 
     development that--
       (1) supports research and development by the Department of 
     State, USAID, and the NED on policies, programs, and 
     technologies relating to democracy programs;
       (2) drives innovation within those entities regarding the 
     response to complex, multidimensional challenges to 
     democracy, including combatting transnational kleptocracy, 
     mitigating hyper-polarization, countering malign 
     authoritarian influence, and leveraging emerging technology 
     for democracy;
       (3) incentivizes collaboration among government, 
     nongovernmental organizations, and the private sector with 
     the objective of identifying and mitigating threats to global 
     democracy; and
       (4) identifies lessons learned and best practices for 
     democracy programs and diplomatic approaches to create 
     feedback loops and shape future evidence-based programming 
     and diplomacy.
       (e) Fellowships for Democracy Advocates at Risk.--The NED 
     is authorized to expand the Reagan-Fascell Democracy Fellows 
     Program to provide additional fellowships, including in 
     partnership with other institutions and organizations, to 
     support democracy advocates at risk.
       (f) Leveraging.--Pursuant to sections 607 and 632 of the 
     Foreign Assistance Act of 1961 (22 17 U.S.C. 2357, 2392), and 
     after consultation with the appropriate congressional 
     committees, the Secretary of State is authorized to establish 
     mechanisms under the Fund to partner with other donors and 
     private sector partners to carry out the purposes of this 
     section.
       (g) Funding Transparency.--Concurrent with the submission 
     of the report required by section 653(a) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2413(a)), the Secretary of 
     State shall submit to the appropriate congressional 
     committees a detailed accounting of any funds programmed 
     pursuant to the authorities under subsection (f) during the 
     prior fiscal year.
       (h) Notification Requirements.--Not later than 15 days 
     prior to the obligation of funds authorized to be 
     appropriated for the Fund and the programs established under 
     this section, the Secretary of State and the USAID 
     Administrator, as appropriate, shall notify the appropriate 
     congressional committees of the intended uses of such funds.
       (i) Reporting Requirement.--Not later than 60 days after 
     the date of the enactment of this Act, and annually 
     thereafter through fiscal year 2027, the Secretary of State, 
     the USAID Administrator, and the NED President, as 
     appropriate, shall submit reports to the appropriate 
     congressional committees detailing the uses of funds made 
     available to the Fund pursuant to this subtitle.

     SEC. 1286. ROLES AND RESPONSIBILITIES.

       Funds authorized to be appropriated pursuant to section 
     1287 should be made available as follows, consistent with the 
     overall strategic direction and capabilities of the 
     Department of State and the United States Agency for 
     International Development:
       (1) For the Department of State, such funds should be the 
     responsibility of the Assistant Secretary of State for 
     Democracy, Human Rights, and Labor, except for funds provided 
     to the NED. Such funds shall be made available as grants and 
     should have as their primary purpose democracy programs that 
     are incorporated into a larger diplomatic strategy and are 
     flexible, innovative, and responsive to--
       (A) current human rights abuses and democracy deficiencies 
     as documented in the annual Country Report on Human Rights 
     Practices required by sections 116(d) and 502B(b) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d), 2304(b)); 
     and
       (B) emerging opportunities and sudden crises.
       (2) For USAID, such funds should have as their primary 
     purpose flexible, innovative, and responsive democracy 
     programs that are development-oriented, often coordinated 
     through a Country Development Cooperation Strategy, and 
     conducted in countries where a USAID Mission is present or a 
     where a USAID Mission in a neighboring country can manage and 
     oversee such programs effectively. Such programs should, as 
     appropriate, build enduring local capacity, incorporate 
     democracy programming into a larger development and 
     diplomatic strategy, and emphasize participatory and locally 
     led programs when possible. Funds made available for civil 
     society and political competition and consensus building 
     programs abroad shall be provided in a manner that recognizes 
     the benefits of grants and cooperative agreements in 
     implementing such programs.
       (3) In cases where both the Department of State and USAID 
     are able to respond to emerging opportunities and sudden 
     crises, including in closed and repressive societies, the 
     Secretary of State and the USAID Administrator shall 
     coordinate their respective programs, including at the 
     country level, to ensure complementarity and prevent waste or 
     redundancy.

     SEC. 1287. AUTHORIZATION OF APPROPRIATIONS.

       (a) Programs.--
       (1) In general.--There is authorized to be appropriated for 
     the democracy programs of the Department of State and the 
     United States Agency for International Development in each of 
     fiscal years 2023 through 2027, $2,900,000,000, to remain 
     available until expended.
       (2) Democracy in the 21st century fund.--Of the funds 
     authorized to be appropriated by paragraph (1), the following 
     amounts are authorized to be appropriated in each of fiscal 
     years 2023 through 2027 for the Democracy in the 21st Century 
     Fund established under section 1285:
       (A) $20,000,000 in each such fiscal year is authorized to 
     be appropriated for the Defending Democracy Globally program 
     under section 1285(b), of which not more than $10,000,000 may 
     be administered by the USAID Administrator.
       (B) $50,000,000 in each such fiscal year is authorized to 
     be appropriated for the Combating Corruption and Kleptocracy 
     program under section 1285(c).
       (C) $15,000,000 in each such fiscal year is authorized to 
     be appropriated for the Democracy Research and Development 
     program under section 1285(d), which shall be allocated 
     equally between the Department of State, USAID, and the 
     National Endowment for Democracy.
       (D) $5,000,000 in each such fiscal year is authorized to be 
     appropriated for the Reagan-Fascell Democracy Fellows Program 
     for additional fellowships for democracy advocates at risk.
       (3) Democracy fund.--
       (A) In general.--Of the funds authorized to be appropriated 
     by paragraph (1), there is authorized to be appropriated 
     $340,700,000 for each of fiscal years 2023 through 2027 to 
     carry out activities under part 1 and chapter 4 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 
     22 U.S.C. 2346 et seq.) and paragraphs (3) and (5) of section 
     502(b) of the National Endowment for Democracy Act (22 U.S.C. 
     4411(b)), for the promotion of democracy globally, which 
     shall be made available to the Bureau of Democracy, Human 
     Rights, and Labor of the Department of State and the Bureau 
     for Development, Democracy, and Innovation of the United 
     States Agency for International Development.
       (B) Additional amounts.--Funds authorized to be made 
     available to the National Endowment for Democracy and its 
     core institutes under this paragraph are in addition to 
     amounts otherwise authorized to be appropriated by this 
     subtitle for such purposes.
       (b) Restrictions.--Federal funds made available to any 
     individual, private entity, or any other nonprofit 
     organization pursuant to this subtitle shall be subject to 
     the restrictions and prohibitions of section 1352 of title 
     31, United States Code.
       (c) Administration of Department of State Democracy 
     Programs.--Of the funds authorized to be appropriated by this 
     section that are made available for the Bureau of Democracy, 
     Human Rights, and Labor of the Department of State, up to 15 
     percent may be made available for the administration of 
     democracy programs by such Bureau in each of fiscal years 
     2023 through 2027, including for the hiring of additional 
     personnel following consultation with the appropriate 
     congressional committees. Such funds are in addition to funds 
     otherwise made available for such purposes.
       (d) Administration of USAID Democracy Programs.--Of the 
     funds authorized to be

[[Page S5074]]

     appropriated by this section that are made available for 
     USAID, up to 15 percent may be made available for the 
     administration of democracy programs by the agency in each of 
     fiscal years 2023 through 2027, including for the hiring of 
     additional personnel following consultation with the 
     appropriate congressional committees. Such funds are in 
     addition to funds otherwise made available for such purposes.
       (e) National Endowment for Democracy.--In addition to 
     amounts authorized to be appropriated under subsection (a), 
     there are authorized to be appropriated for NED $325,000,000 
     for fiscal year 2023, $350,000,000 for fiscal year 2024, 
     $375,000,000 for fiscal year 2025, $400,000,000 for fiscal 
     year 2026, and $425,000,000 for fiscal year 2027, including 
     amounts to be allocated in the traditional and customary 
     manner, to counter transnational threats to democracy, as 
     well as to support and sustain democratic growth abroad, 
     consistent with section 503 of the National Endowment for 
     Democracy Act (22 U.S.C. 4412).
                                 ______
                                 
  SA 5683. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle C of title VII, add the following:

     SEC. 753. SENSE OF SENATE ON ARMED SERVICES WHOLE BLOOD 
                   PROCESSING LABORATORY-EAST.

       It is the sense of the Senate that the Senate--
       (1) supports the plans by the Defense Health Agency to 
     construct a modern ASWBPL-East facility at Dover Air Force 
     Base, Delaware; and
       (2) urges the Secretary of Defense to include ASWBPL-East 
     construction as a priority in the Future Years Defense 
     Program for fiscal year 2024.
                                 ______
                                 
  SA 5684. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle B of title XII, add the following:

     SEC. 1226. REPEAL OF AUTHORIZATIONS FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ.

       (a) Authorization for Use of Military Force Against Iraq 
     Resolution.--The Authorization for Use of Military Force 
     Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 
     U.S.C. 1541 note) is hereby repealed.
       (b) Authorization for Use of Military Force Against Iraq 
     Resolution of 2002.--The Authorization for Use of Military 
     Force Against Iraq Resolution of 2002 (Public Law 107-243; 
     116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.
                                 ______
                                 
  SA 5685. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. LIMITATION ON WITHDRAWAL FROM NORTH ATLANTIC 
                   TREATY.

       (a) Opposition of Congress to Suspension, Termination, 
     Denunciation, or Withdrawal From North Atlantic Treaty.--The 
     President shall not suspend, terminate, denounce, or withdraw 
     the United States from the North Atlantic Treaty, done at 
     Washington, DC, April 4, 1949, except by and with the advice 
     and consent of the Senate, provided that two-thirds of the 
     Senators present concur, or pursuant to an Act of Congress.
       (b) Limitation on the Use of Funds.--No funds authorized or 
     appropriated by any Act may be used to support, directly or 
     indirectly, any efforts on the part of any United States 
     Government official to take steps to suspend, terminate, 
     denounce, or withdraw the United States from the North 
     Atlantic Treaty, done at Washington, DC, April 4, 1949, until 
     such time as both the Senate and the House of Representatives 
     pass, by an affirmative vote of two-thirds of Members, a 
     joint resolution approving the withdrawal of the United 
     States from the treaty or pursuant to an Act of Congress.
       (c) Notification of Treaty Action.--
       (1) Consultation.--Prior to the notification described in 
     paragraph (2), the President shall consult with the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives in relation 
     to any effort to suspend, terminate, denounce, or withdraw 
     the United States from the North Atlantic Treaty.
       (2) Notification.--The President shall notify the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives in writing of 
     any effort to suspend, terminate, denounce, or withdraw the 
     United States from the North Atlantic Treaty, as soon as 
     possible but in no event later than 180 days prior to taking 
     such action.
       (d) Authorization of Legal Counsel to Represent Congress.--
     Both the Senate Legal Counsel and the General Counsel to the 
     House of Representatives are authorized to independently or 
     collectively represent Congress in initiating or intervening 
     in any judicial proceedings in any Federal court of competent 
     jurisdiction on behalf of Congress in order to oppose any 
     effort to suspend, terminate, denounce, or withdraw the 
     United States from the North Atlantic Treaty in a manner 
     inconsistent with this section.
       (e) Reporting Requirement.--Any legal counsel operating 
     pursuant to subsection (d) shall report as soon as 
     practicable to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives with respect to any judicial proceedings 
     which the Senate Legal Counsel or the General Counsel to the 
     House of Representatives, as the case may be, initiates or in 
     which it intervenes pursuant to subsection (d).
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to authorize, imply, or otherwise indicate that the 
     President may suspend, terminate, denounce, or withdraw from 
     any treaty to which the Senate has provided its advice and 
     consent without the advice and consent of the Senate to such 
     act or pursuant to an Act of Congress.
       (g) Severability.--If any provision of this section or the 
     application of such provision is held by a Federal court to 
     be unconstitutional, the remainder of this section and the 
     application of the provisions of such to any person or 
     circumstance shall not be affected thereby.
       (h) Definitions.--In this section, the terms 
     ``withdrawal'', ``denunciation'', ``suspension'', and 
     ``termination'' have the meaning given the terms in the 
     Vienna Convention on the Law of Treaties, concluded at Vienna 
     May 23, 1969.
                                 ______
                                 
  SA 5686. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle C of title VIII, add the following:

     SEC. 848. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN 
                   COMPONENTS FOR CERTAIN NAVAL VESSELS AND 
                   AUXILIARY SHIPS.

       (a) Requirements for the Procurement of Certain Components 
     for Naval Vessels.--Section 4864(a)(2) of title 10, United 
     States Code, is amended by adding at the end the following 
     new subparagraph:
       ``(G) Ship shafts and propulsion system components 
     (including engines, reduction gears and propellers).''.
       (b) Requirement That Certain Auxiliary Ship Components Be 
     Manufactured in the National Technology and Industrial 
     Base.--
       (1) Technical amendment.--Section 4864 of title 10, United 
     States Code, is amended by redesignating subsection (l) 
     (relating to ``Implementation of auxiliary ship component 
     limitation'') as subsection (k).
       (2) Components for auxiliary ships.--Paragraph (3) of 
     section 4864(a) of title 10, United States Code, is amended 
     to read as follows:
       ``(3) Components for auxiliary ships.--Subject to 
     subsection (k), the following components:
       ``(A) Large medium-speed diesel engines.
       ``(B) Propulsion system components, including reduction 
     gears and propellers.''.
       (3) Implementation.--Subsection (k) of section 4864 of 
     title 10, United States Code, as redesignated by paragraph 
     (1), is amended to read as follows:
       ``(k) Implementation of Auxiliary Ship Component 
     Limitation.--Subsection (a)(3) shall apply only with respect 
     to contracts awarded by a Secretary of a military department 
     for construction of a new class of auxiliary ship after the 
     date of the enactment of this Act using funds available for 
     National Defense Sealift Fund programs or Shipbuilding and 
     Conversion, Navy.''.
                                 ______
                                 
  SA 5687. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R.

[[Page S5075]]

7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle C of title VIII, add the following:

     SEC. 848. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN 
                   COMPONENTS FOR CERTAIN NAVAL VESSELS AND SHIPS.

       (a) Anchor and Mooring Chain Reference Correction.--Section 
     4864 of title 10, United States Code, is amended--
       (1) in subsection (a)(2)(F), by striking ``shipboard''; and
       (2) in subsection (b)(2), by striking ``shipboard''.
       (b) Requirements for the Procurement of Certain Components 
     for Naval Vessels.--Section 4864(a)(2) of title 10, United 
     States Code, is amended by adding at the end the following 
     new subparagraph:
       ``(G) Ship shafts, electric power generators, propulsion 
     system components (including engines, reduction gears, and 
     propellers), electric propulsion motors, degaussing systems, 
     power distribution equipment, breakers, switchgear, load 
     center, power panels, power conversion equipment, rectifiers, 
     frequency converters, inverters, machinery control, damage 
     control, sensors, and programs for command, control, 
     communications, computers, and intelligence (commonly known 
     as `C4I').''.
       (c) Requirement That Certain Ship Components Be 
     Manufactured in the National Technology and Industrial 
     Base.--
       (1) Technical amendment.--Section 4864 of title 10, United 
     States Code, is amended by redesignating subsection (l) 
     (relating to ``Implementation of auxiliary ship component 
     limitation'') as subsection (k).
       (2) Components for auxiliary ships.--Paragraph (3) of 
     section 4864(a) of title 10, United States Code, is amended 
     to read as follows:
       ``(3) Components for auxiliary ships.--Subject to 
     subsection (k), the following components:
       ``(A) Large medium-speed diesel engines.
       ``(B) Auxiliary equipment, including pumps, for all 
     shipboard services.
       ``(C) Propulsion system components, including engines, 
     reduction gears, and propellers.
       ``(D) Shipboard cranes.
       ``(E) Spreaders for shipboard cranes.''.
       (3) Implementation.--Subsection (k) of section 4864 of 
     title 10, United States Code, as redesignated by subsection 
     (a), is amended to read as follows:
       ``(k) Implementation of Auxiliary Ship Component 
     Limitation.--
       ``(1) Large medium-speed diesel engine.--Subsection 
     (a)(3)(A) applies only with respect to contracts awarded by 
     the Secretary of a military department for new construction 
     of an auxiliary ship after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 119-92) using funds available for National 
     Defense Sealift Fund programs or Shipbuilding and Conversion, 
     Navy.
       ``(2) Other components for auxiliary ships.--Subparagraphs 
     (B) through (E) of subsection (a)(3) apply only with respect 
     to contracts awarded by the Secretary of a military 
     department for new construction of an auxiliary ship after 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2022 (Public Law 117-81) 
     using funds available for National Defense Sealift Fund 
     programs or Shipbuilding and Conversion, Navy.''.
                                 ______
                                 
  SA 5688. Mr. OSSOFF (for himself and Mr. Cramer) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. PROHIBITION ON COLLECTION OF COPAYMENTS FOR FIRST 
                   THREE MENTAL HEALTH CARE OUTPATIENT VISITS OF 
                   VETERANS.

       (a) Prohibition on Collection.--
       (1) In general.--Subchapter III of chapter 17 of title 38, 
     United States Code, is amended by inserting after section 
     1722B the following new section:

     ``Sec. 1722C. Copayments: prohibition on collection of 
       copayments for first three mental health care outpatient 
       visits of veterans

       ``(a) Prohibition.--Except as provided in subsection (b), 
     notwithstanding section 1710(g) of this title or any other 
     provision of law, the Secretary may not impose or collect a 
     copayment for the first three mental health care outpatient 
     visits of a veteran in a calendar year for which the veteran 
     would otherwise be required to pay a copayment under the laws 
     administered by the Secretary.
       ``(b) Copayment for Medications.--The prohibition under 
     subsection (a) shall not apply with respect to the imposition 
     or collection of copayments for medications pursuant to 
     section 1722A of this title.
       ``(c) Mental Health Care Outpatient Visit Defined.--In this 
     section, the term `mental health care outpatient visit' means 
     an outpatient visit with a qualified mental health 
     professional for the primary purpose of seeking mental health 
     care or treatment for substance abuse disorder.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item related to section 1722B the following new item:

``1722C. Copayments: prohibition on collection of copayments for first 
              three mental health care outpatient visits of 
              veterans.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to mental health care outpatient 
     visits occurring on or after the date that is 180 days after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 5689. Mr. OSSOFF (for himself and Mr. Cramer) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle A of title VII, add the following:

     SEC. 706. WAIVER OF COST-SHARING FOR THREE MENTAL HEALTH 
                   OUTPATIENT VISITS UNDER THE TRICARE PROGRAM.

       (a) TRICARE Select.--Section 1075(c) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(4) Consistent with other provisions of this chapter and 
     under requirements to be prescribed by the Secretary, the 
     Secretary may waive cost-sharing requirements for the first 
     three outpatient mental health visits of a beneficiary each 
     year.''.
       (b) TRICARE Prime.--Section 1075a(a) of such title is 
     amended by adding at the end the following new paragraph:
       ``(4) Consistent with other provisions of this chapter and 
     under requirements to be prescribed by the Secretary, the 
     Secretary may waive cost-sharing requirements for the first 
     three outpatient mental health visits of a beneficiary each 
     year.''.
                                 ______
                                 
  SA 5690. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle B of title XXVIII, add the 
     following:

     SEC. 2825. HOUSING ACCOMMODATIONS FOR MILITARY FAMILIES ON 
                   HOUSING WAITLISTS.

       (a) Waitlist Accommodations.--The Secretary of Defense 
     shall provide to members of the Armed Forces and their 
     dependents who, when undergoing a permanent change of 
     station, are placed on a waitlist for on-base housing for a 
     period of more than 10 days following the date of arrival at 
     the new location, temporary accommodations for the entire 
     duration of such period appropriate for the total size and 
     composition of the family of the member and at a rate not to 
     exceed the basic allowance for housing calculated for such 
     member under section 403 of title 37, United States Code.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report containing--
       (1) installation-specific data on the number of members of 
     the Armed Forces and their dependents on military housing 
     waitlists;
       (2) an identification of the time spent by each such member 
     and their dependents awaiting appropriate housing 
     accommodations;
       (3) an analysis of the factors that are creating the need 
     for such waitlists; and
       (4) an assessment of the causes of waitlist durations that 
     exceed 10 days.
                                 ______
                                 
  SA 5691. Mr. OSSOFF (for himself and Mr. Scott of South Carolina) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction,

[[Page S5076]]

and for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. OUTREACH TO HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES AND MINORITY SERVING INSTITUTIONS 
                   REGARDING NATIONAL SECURITY INNOVATION NETWORK 
                   (NSIN) PROGRAMS THAT PROMOTE ENTREPRENEURSHIP 
                   AND INNOVATION AT INSTITUTIONS OF HIGHER 
                   EDUCATION.

       (a) Short Title.--This section may be referred to as the 
     ``HBCU National Security Innovation Act''.
       (b) Pilot Program.--The Under Secretary of Defense for 
     Research and Engineering, acting through the National 
     Security Innovation Network (NSIN), may establish activities, 
     including outreach and technical assistance, to better 
     connect historically Black colleges and universities and 
     minority serving institutions to the commercialization, 
     innovation, and entrepreneurial activities of the Department 
     of Defense.
       (c) Briefing.--Not later than one year after the initiation 
     of any pilot activities under subsection (b), the Secretary 
     of Defense shall brief the congressional defense committees 
     on the results of any activities conducted under the 
     aforementioned pilot program, including--
       (1) the results of outreach efforts;
       (2) the success of expanding NSIN programs to historically 
     Black colleges and universities and minority serving 
     institutions;
       (3) the potential barriers to expansion; and
       (4) recommendations for how the Department of Defense can 
     support such institutions to successfully participate in 
     Department of Defense commercialization, innovation, and 
     entrepreneurship programs.
                                 ______
                                 
  SA 5692. Mr. CRUZ (for himself, Mr. Cornyn, and Mr. Rubio) submitted 
an amendment intended to be proposed to amendment SA 5499 submitted by 
Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to 
the bill H.R. 7900, to authorize appropriations for fiscal year 2023 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle D of title XII, add the following:

     SEC. 1254. REQUIREMENT TO PERMIT DIGNITARIES AND SERVICE 
                   MEMBERS FROM TAIWAN TO DISPLAY THE FLAG OF THE 
                   REPUBLIC OF CHINA.

       (a) In General.--The Secretary of State and the Secretary 
     of Defense shall permit members of the armed forces and 
     government representatives from the Republic of China 
     (Taiwan) or the Taipei Economic and Cultural Representative 
     Office (TECRO) to display, for the official purposes set 
     forth in subsection (b), symbols of Republic of China 
     sovereignty, including--
       (1) the flag of the Republic of China (Taiwan); and
       (2) the corresponding emblems or insignia of military 
     units.
       (b) Official Purposes.--The official purposes referred to 
     in subsection (a) are--
       (1) the wearing of official uniforms;
       (2) conducting government hosted ceremonies or functions; 
     and
       (3) appearances on Department of State and Department of 
     Defense social media accounts promoting engagements with 
     Taiwan.
                                 ______
                                 
  SA 5693. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle D of title XII, add the following:

     SEC. 1254. UPGRADING THE STATUS OF TAIWAN UNDER THE ARMS 
                   EXPORT CONTROL ACT.

       (a) Short Title.--This section may be cited as the ``Taiwan 
     Articles to Reinforce and Maintain Sovereignty Act'' or the 
     ``Taiwan ARMS Act''.
       (b) Status of Taiwan Under Arms Export Control Act.--The 
     Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--
       (1) in section 3(b)(2), by inserting ``the Government of 
     Taiwan,'' before ``or the Government of New Zealand'';
       (2) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 
     21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 
     36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting 
     ``Taiwan,'' before ``or New Zealand'' each place it appears; 
     and
       (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting 
     ``Taiwan,'' before ``or Israel'' each place it appears.
                                 ______
                                 
  SA 5694. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. ___. ADDITIONAL FUNDING FOR STEEL PERFORMANCE 
                   INITIATIVE.

       The amount authorized to be appropriated for fiscal year 
     2023 by section 201 for research, development, test, and 
     evaluation is hereby increased by $10,000,000, with the 
     amount of the increase to be available for the Steel 
     Performance Initiative.
                                 ______
                                 
  SA 5695. Mr. CRUZ (for himself, Mr. Young, and Mr. Marshall) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle C of title XII, add the following:

     SEC. 1239. CERTIFICATION REQUIREMENT FOR IMPOSING SANCTIONS 
                   WITH RESPECT TO MEMBERS OF QUADRILATERAL 
                   SECURITY DIALOGUE.

       Section 231 of the Countering America's Adversaries Through 
     Sanctions Act (22 U.S.C. 9525) is amended by adding at the 
     end the following:
       ``(g) Special Rule for Members of Quadrilateral Security 
     Dialogue.--
       ``(1) In general.--During the 10-year period beginning on 
     the date of the enactment of the James M. Inhofe National 
     Defense Authorization Act for Fiscal Year 2023, the President 
     may not impose sanctions under this section with respect a 
     significant transaction described in subsection (a) engaged 
     in by the government of a member of the Quadrilateral 
     Security Dialogue before such date of enactment unless, 
     before imposing such sanctions, the President certifies to 
     the appropriate congressional committees that that government 
     is not participating in quadrilateral cooperation between 
     Australia, India, Japan, and the United States on security 
     matters that are critical to United States strategic 
     interests.
       ``(2) Member of the quadrilateral security dialogue 
     defined.--In this subsection, the term `member of the 
     Quadrilateral Security Dialogue' means Australia, India, 
     Japan, or the United States.''.
                                 ______
                                 
  SA 5696. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle D of title XII, add the following:

     SEC. 1254. REPORT AND SANCTIONS RELATING TO OBLIGATIONS OF 
                   PEOPLE'S REPUBLIC OF CHINA UNDER TREATY ON THE 
                   NON-PROLIFERATION OF NUCLEAR WEAPONS.

       (a) Findings.--Congress finds that, as a signatory to the 
     Treaty on the Non-Proliferation of Nuclear Weapons, done at 
     Washington, London, and Moscow July 1, 1968 (commonly 
     referred to as the ``Nuclear Non-Proliferation Treaty''), the 
     People's Republic of China is obligated under Article VI of 
     the treaty to pursue arms control negotiations in good faith.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary of State shall submit to Congress a report 
     describing the implementation and observance of Article VI of 
     the Nuclear Non-Proliferation Treaty by the People's Republic 
     of China that includes a determination of whether the 
     Government of the People's Republic of China has, during the 
     year preceding submission of the report, ``pursue[d] 
     negotiations in good faith on effective measures relating to 
     cessation of the nuclear arms race at an early date and to 
     nuclear disarmament'' in accordance with such Article VI.
       (c) Imposition of Sanctions.--The President shall include 
     on the SDN list any person that the President determines, on 
     or after the date of the enactment of this Act--
       (1) is an entity in the defense industry of the People's 
     Republic of China;

[[Page S5077]]

       (2) is an individual who is corporate officer or principal 
     shareholder of an entity described in paragraph (1);
       (3) knowingly provides significant financial, material, 
     technological, or other support to a person described in 
     paragraph (1) or (2); or
       (4) knowingly provides goods or services in support of any 
     activity or transaction on behalf of or for the benefit of 
     such a person.
       (d) Exception.--The President may not include an entity in 
     the defense industry of the People's Republic of China, an 
     individual who is corporate officer or principal shareholder 
     of such an entity, or a person that provides support or goods 
     or services to such an entity or individual as described in 
     paragraph (3) or (4) of subsection (c), on the SDN list 
     pursuant to subsection (c) if, in the most recent report 
     required by subsection (b), the President determines that the 
     People's Republic of China has ``pursue[d] negotiations in 
     good faith on effective measures relating to cessation of the 
     nuclear arms race at an early date and to nuclear 
     disarmament'' pursuant to the obligations of the People's 
     Republic of China under article VI of the Nuclear Non-
     Proliferation Treaty during the period covered by the report.
       (e) Definitions.--In this section:
       (1) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (2) Sdn list.--The term ``SDN list'' means the list of 
     specially designated nationals and blocked persons maintained 
     by the Office of Foreign Assets Control of the Department of 
     the Treasury.
                                 ______
                                 
  SA 5697. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle D of title XII, add the following:

     SEC. 1254. LIMITATION ON NUCLEAR COOPERATION WITH THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--The President shall not--
       (1) develop, design, plan, promulgate, implement, or 
     execute a bilateral policy, program, order, or contract of 
     any kind to participate in, collaborate on, or coordinate 
     bilaterally in any manner with respect to nuclear cooperation 
     activities, or otherwise engage in nuclear cooperation, 
     with--
       (A) the Government of the People's Republic of China; or
       (B) any company--
       (i) owned by the Government of the People's Republic of 
     China; or
       (ii) incorporated under the laws of the People's Republic 
     of China; or
       (2) allow any agency of the United States Government to 
     host official visitors at a facility belonging to the agency 
     if those visitors are--
       (A) officials, corporate officers, or principal 
     shareholders of any entity described in subparagraph (A) or 
     (B) of paragraph (1); or
       (B) individuals subject to undue influence by the 
     individuals described in subparagraph (A).
       (b) Review of Prior Nuclear Cooperation and Associated 
     Impacts.--
       (1) Agreement.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of State shall seek to 
     enter into an agreement with the National Academy of Public 
     Administration (referred to in this section as the ``National 
     Academy'') to carry out the review and assessment described 
     in paragraph (2) and submit the report described in paragraph 
     (3).
       (2) Review and assessment.--
       (A) In general.--Under the agreement described in paragraph 
     (1), the National Academy shall--
       (i) conduct a review of nuclear cooperation during the 25-
     year period ending on the date of enactment of this Act 
     between the United States Government and the People's 
     Republic of China, including the role of the Department of 
     State in facilitating such cooperation; and
       (ii) perform an assessment of the implications of the 
     cooperation described in clause (i) on the national security 
     of the United States.
       (B) Elements.--In conducting the review and assessment 
     under subparagraph (A), the National Academy shall examine 
     all cooperative activities relating to nuclear cooperation 
     between the United States Government and the People's 
     Republic of China during the 25-year period ending on the 
     date of enactment of this Act, including--
       (i) all trips relating to nuclear cooperation taken by 
     officials of the Department of State to the People's Republic 
     of China;
       (ii) all exchanges of goods, services, data, or information 
     between officials of the United States Government and an 
     entity described in subparagraph (A) or (B) of subsection 
     (a)(1); and
       (C) all instances in which officials of the United States 
     Government hosted officials from, or significantly tied to, 
     an entity described in subparagraph (A) or (B) of subsection 
     (a)(1).
       (3) Deadline and report.--Not later than 1 year after the 
     date on which the Secretary and the National Academy enter 
     into an agreement described in paragraph (1), the National 
     Academy shall--
       (A) complete the review and assessment described in 
     paragraph (2); and
       (B) submit a report containing the results of the review 
     and assessment, which shall be unclassified but, if 
     necessary, may contain a classified annex, to--
       (i) the Secretary; and
       (ii) the appropriate congressional committees.
       (4) Publication.--Not later than 60 days after the date on 
     which the National Academy submits the report under paragraph 
     (3), the Secretary shall make the report publically available 
     in an easily accessible electronic format, with appropriate 
     redactions for information that, in the determination of the 
     Secretary, would be damaging to the national security of the 
     United States if disclosed.
       (c) Definitions.--In this section:
       (1) Nuclear cooperation.--The term ``nuclear cooperation'' 
     means cooperation with respect to nuclear activities, 
     including the development, use, or control of atomic energy, 
     including any activities involving the processing or 
     utilization of source material, byproduct material, or 
     special nuclear material (as those terms are defined in 
     section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014)).
       (2) Nuclear cooperation activities.--The term ``nuclear 
     cooperation activities'' means activities relating to nuclear 
     cooperation.
                                 ______
                                 
  SA 5698. Mr. CRUZ (for himself, Mr. Risch, Mr. Barrasso, Mr. Johnson, 
Mr. Cotton, and Mr. Hagerty) submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle C of title XII, add the following:

     SEC. 1239. REPEAL OF WAIVER AND TERMINATION PROVISIONS OF 
                   PROTECTING EUROPE'S ENERGY SECURITY ACT OF 
                   2019.

       Section 7503 of the Protecting Europe's Energy Security Act 
     of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526 
     note) is amended by striking subsections (f) and (h).
                                 ______
                                 
  SA 5699. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. IMPOSITION OF SANCTIONS UNDER SECTION 231 OF 
                   COUNTERING AMERICA'S ADVERSARIES THROUGH 
                   SANCTIONS ACT WITH RESPECT TO GOVERNMENT OF 
                   NICARAGUA.

       (a) Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, acting 
     through the Bureau of Intelligence and Research of the 
     Department of State, and in coordination with the Director of 
     National Intelligence, shall submit to Congress a report that 
     includes an assessment, conducted after consideration of the 
     report of the Defense Intelligence Agency entitled, ``Russia: 
     Defense Cooperation with Cuba, Nicaragua, and Venezuela'' and 
     dated February 4, 2019, of whether the Government of 
     Nicaragua has engaged in transactions described in section 
     231(a) of the Countering America's Adversaries Through 
     Sanctions Act (22 U.S.C. 9525(a)) during the 5-year period 
     preceding submission of the report required by this 
     subsection.
       (2) Form of report.--The report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (b) Imposition of Sanctions.--Notwithstanding 231(b) of the 
     Countering America's Adversaries Through Sanctions Act (22 
     U.S.C. 9525(b)), the President shall impose 5 or more of the 
     sanctions described in section 235 of that Act with respect 
     to each transaction identified in the report required by 
     subsection (a).
                                 ______
                                 
  SA 5700. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for

[[Page S5078]]

fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. ___. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED 
                   STATES CITIZENS AS HOSTAGES.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on efforts by the 
     Maduro regime of Venezuela to detain United States citizens 
     and lawful permanent residents.
       (b) Elements.--The report required by subsection (a) shall 
     include, regarding the arrest, capture, detainment, and 
     imprisonment of United States citizens and lawful permanent 
     residents--
       (1) the names, positions, and institutional affiliation of 
     Venezuelan individuals, or those acting on their behalf, who 
     have engaged in such activities;
       (2) a description of any role played by transnational 
     criminal organizations, and an identification of such 
     organizations; and
       (3) where relevant, an assessment of whether and how United 
     States citizens and lawful permanent residents have been 
     lured to Venezuela.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but shall include a 
     classified annex, which shall include a list of the total 
     number of United States citizens and lawful permanent 
     residents detained or imprisoned in Venezuela as of the date 
     on which the report is submitted.
                                 ______
                                 
  SA 5701. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. REIMPOSITION OF SANCTIONS WITH RESPECT TO THE 
                   FARC.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall--
       (1) designate the FARC as a foreign terrorist organization 
     pursuant to section 219 of the Immigration and Nationality 
     Act (8 U.S.C. 1189); and
       (2) impose, with respect to FARC and any foreign person the 
     President determines is an official, agent, or affiliate of 
     FARC, the sanctions applicable with respect to a foreign 
     person pursuant to Executive Order 13224 (50 U.S.C. 1701 
     note; relating to blocking property and prohibiting 
     transactions with persons who commit, threaten to commit, or 
     support terrorism).
       (b) Determination Required.--
       (1) In general.--Not later than 30 days after the President 
     makes the designation required by paragraph (1) of subsection 
     (a) and imposes the sanctions required by paragraph (2) of 
     that subsection, the President shall--
       (A) submit to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives a determination regarding whether the foreign 
     persons specified in paragraph (2) are officials, agents, or 
     affiliates of the FARC; and
       (B) impose the sanctions described in subsection (a)(2) 
     with respect to each such person the President determines is 
     an official, agent, or affiliate of the FARC.
       (2) Foreign persons specified.--The foreign persons 
     specified in this paragraph are the following:
       (A) Jose Benito Cabrera (also known as Jose Benito Cabrera 
     Cuevas, El Mono Fabian, and Fabian Ramirez), born either July 
     6, 1963, or July 5, 1965, in El Paujil, Caqueta, Colombia.
       (B) Erasmo Traslavina Benavides (also known as Ismardo 
     Murcia Lozada, Isnardo Murcia Lozada, and Jimmy Guerrero), 
     born June 19, 1958, in Guacamayo, Santander, Colombia.
       (C) Emiro del Carmen Ropero Suarez (also known as Ruben 
     Zamora), born September 2, 1962, in Municipio de Nueva 
     Granada, Norte de Santander, Colombia.
       (D) Guillermo Enrique Torres Cueter (also known as Julian 
     Conrado), born August 17, 1954, in Turbaco, Bolivar, 
     Colombia.
       (E) Rodrigo Granda Escobar (also known as Arturo Campos, 
     Gallopinto, and Ricardo Gonzalez), born April 9, 1949, in 
     Frontino, Antioquia, Colombia.
       (F) Piedad Esneda Cordoba Ruiz, born January 25, 1955, in 
     Colombia.
       (G) Sandra Ramirez Lobo Silva (also known as Sandra Ramirez 
     and Griselda Lobo), born in 1965 in Colombia.
       (c) Limitation on Revocation.--The President may not revoke 
     the designation under subsection (a)(1), or sanctions imposed 
     with respect to a foreign person under subsection (a)(2) or 
     (b), until the date that is 10 years after the date of the 
     designation or the imposition of such sanctions, as the case 
     may be.
       (d) FARC Defined.--In this section, the term ``FARC'' means 
     the group known as the FARC, the Revolutionary Armed Forces 
     of Colombia, Fuerzas Armadas Revolucionarias de Colombia, or 
     any other alias.
                                 ______
                                 
  SA 5702. Mr. CRUZ (for himself, Mr. Hagerty, Mr. Tillis, Mr. Rubio, 
Mr. Cassidy, Mr. Cramer, Ms. Ernst, and Mr. Cotton) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title XII, add the following:

     SEC. 1226. TERMINATION OF CERTAIN WAIVERS OF SANCTIONS WITH 
                   RESPECT TO NUCLEAR ACTIVITIES IN OR WITH IRAN.

       (a) In General.--Effective on the date of the enactment of 
     this Act, any waiver of the application of sanctions provided 
     for under sections 1244, 1245, 1246, and 1247 of the Iran 
     Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 
     8803, 8804, 8805, and 8806) for or to enable an activity 
     described in subsection (b) is terminated, and the President 
     may not issue a new such waiver for such an activity on or 
     after such date of enactment.
       (b) Activities Described.--An activity described in this 
     subsection is an activity in or with Iran with respect to 
     which a waiver described in subsection (a) was issued in 
     connection with the Joint Comprehensive Plan of Action, 
     including the following:
       (1) Modernization or redesign of the Arak reactor.
       (2) Preparation or modification of centrifuge cascades at 
     the Fordow facility for stable isotope production.
       (3) Operations, training, or services related to the 
     Bushehr Nuclear Power Plant, including fuel delivery and 
     take-back.
       (4) Transfer of uranium into or outside Iran, including 
     natural uranium, enriched uranium, or nuclear fuel scrap.
       (5) Transfer or storage of Iranian heavy water, inside or 
     outside of Iran.
       (c) Joint Comprehensive Plan of Action Defined.--In this 
     section, the term ``Joint Comprehensive Plan of Action'' 
     means the Joint Comprehensive Plan of Action signed at Vienna 
     on July 14, 2015, by Iran and by France, Germany, the Russian 
     Federation, the People's Republic of China, the United 
     Kingdom, and the United States, and all implementing 
     materials and agreements related to the Joint Comprehensive 
     Plan of Action.
                                 ______
                                 
  SA 5703. Mr. CRUZ (for himself and Mr. Durbin) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 10__. DESIGNATION OF OSWALDO PAYA WAY.

       (a) Findings.--Congress finds that--
       (1) the revolution led by Fidel Castro in Cuba in 1959 
     started 61 years of an ongoing dictatorship, systemic human 
     rights abuses, and a lack of basic freedom of press, 
     religion, assembly, and association that continue to this day 
     under the Communist rule of Raul Castro and his successor, 
     Miguel Diaz-Canel;
       (2) Oswaldo Paya Sardinas was a Cuban political dissident 
     dedicated to promoting democratic freedoms and human rights 
     in Cuba;
       (3) the Communist Party of Cuba has always viewed that 
     commitment to democracy and freedom as a threat to the 
     existence of the Communist Party of Cuba;
       (4) on July 22, 2012, a violent car crash, widely believed 
     to have been carried out by the Castro regime, took the lives 
     of Oswaldo Paya and Harold Cepero, another dissident;
       (5) the official investigation into the crash has been 
     demonstrated to be compromised, and the Castro regime has 
     offered no plausible evidence of the innocence of the Castro 
     regime in the crash, leaving the circumstances of the death 
     of Oswaldo Paya unknown;
       (6) opposition by Oswaldo Paya to the Communist Party of 
     Cuba began at a young age, when he refused to become a member 
     of the Young Communist League as a primary school student, 
     and continued through high school, when he publicly 
     criticized the invasion of Czechoslovakia by the Soviet 
     Union;

[[Page S5079]]

       (7) the Communist Party of Cuba responded to the opposition 
     by Oswaldo Paya to the invasion of Czechoslovakia by the 
     Soviet Union by sending Oswaldo Paya to a labor camp for 3 
     years;
       (8) Oswaldo Paya forewent a chance to escape Cuba in the 
     1980 Mariel boatlift, deciding instead to continue the fight 
     for democracy in Cuba, saying, ``This is what I am supposed 
     to be, this is what I have to do.'';
       (9) by creating the Varela Project in 1998, Oswaldo Paya 
     demonstrated his staunch commitment to peacefully advocating 
     for freedom of speech and freedom of assembly for his fellow 
     Cubans;
       (10) in recognition of his determination for political 
     reforms through peaceful protests, Oswaldo Paya was awarded 
     the Sakharov Prize for Freedom of Thought by the European 
     Parliament in 2002 and the W. Averell Harriman Democracy 
     Award from the National Democratic Institute for 
     International Affairs in 2003 and was nominated for the Nobel 
     Peace Prize by former Czech President Vaclav Havel in 2005;
       (11) on April 11, 2018, the Senate unanimously passed S. 
     Res. 224, recognizing the sixth anniversary of the death of 
     Oswaldo Paya Sardinas, commemorating his legacy and 
     commitment to democratic values and principles, and calling 
     on the Cuban government to allow an impartial, third-party 
     investigation into the circumstances surrounding his death; 
     and
       (12) renaming the street in front of the Embassy of Cuba in 
     the District of Columbia after Oswaldo Paya serves as an 
     expression of solidarity between the people of the United 
     States and the people of the Cuba, who are engaged in a long, 
     nonviolent struggle for fundamental human rights.
       (b) Designation of Oswaldo Paya Way.--
       (1) Designation of way.--
       (A) In general.--The area between the intersections of 16th 
     Street, Northwest and Fuller Street, Northwest and 16th 
     Street, Northwest and Euclid Street, Northwest in Washington, 
     District of Columbia, shall be known and designated as 
     ``Oswaldo Paya Way''.
       (B) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     area referred to in paragraph (1) shall be deemed to be a 
     reference to Oswaldo Paya Way.
       (2) Designation of address.--
       (A) Designation.--The address of 2630 16th Street, 
     Northwest, Washington, District of Columbia, shall be 
     redesignated as 2630 Oswaldo Paya Way.
       (B) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     address referred to in subparagraph (A) shall be deemed to be 
     a reference to 2630 Oswaldo Paya Way.
       (3) Signs.--The District of Columbia shall construct 2 
     street signs that shall--
       (A) contain the phrase ``Oswaldo Paya Way'';
       (B) be placed immediately above existing signs at the 
     intersections of 16th Street, Northwest and Fuller Street, 
     Northwest and 16th Street, Northwest and Euclid Street, 
     Northwest in Washington, District of Columbia; and
       (C) be similar in design to the signs used by the District 
     of Columbia to designate the location of Metro stations.
                                 ______
                                 
  SA 5704. Mr. CRUZ (for himself and Mr. Cornyn) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. ___. ADDITIONAL FUNDING FOR TESTING OF HYPERSONIC WEAPON 
                   SYSTEMS WITH B-1 BOMBER.

       The amount authorized to be appropriated for fiscal year 
     2023 by section 201 for research, development, test, and 
     evaluation is hereby increased by $30,000,000, with the 
     amount of the increase to be available for the testing of 
     hypersonic weapon systems with the B-1 bomber.
                                 ______
                                 
  SA 5705. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle B of title VII, add the following:

     SEC. 728. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM 
                   CAUSED TO CIVILIANS FOR CARE PROVIDED AT 
                   MILITARY MEDICAL TREATMENT FACILITIES.

       (a) Clarification of Fee Waiver Process.--Subsection (b) of 
     section 1079b of title 10, United States Code, is amended to 
     read as follows:
       ``(b) Waiver of Fees.--Each commander (or director, as 
     applicable) of a military medical treatment facility shall 
     issue a waiver for a fee that would otherwise be charged 
     under the procedures implemented under subsection (a) to a 
     civilian provided medical care at the facility who is not a 
     covered beneficiary if the provision of such care enhances 
     the knowledge, skills, and abilities of health care 
     providers, as determined by the respective commander or 
     director.''.
       (b) Modified Payment Plan for Certain Civilians.--Such 
     section is further amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Modified Payment Plan for Certain Civilians.--(1)(A) 
     If a civilian specified in subsection (a) is covered by a 
     covered payer at the time care under this section is 
     provided, the civilian shall only be responsible to pay for 
     any services that are not covered by the covered payer or any 
     copays, coinsurance, deductibles, or nominal fees otherwise 
     owed by the civilian.
       ``(B)(i) The Secretary of Defense may bill only the covered 
     payer for care provided to a civilian described in 
     subparagraph (A).
       ``(ii) Payment received by the Secretary from the covered 
     payer of a civilian for care provided under this section to 
     the civilian shall be considered payment in full for such 
     care.
       ``(2) If a civilian specified in subsection (a) does not 
     meet the criteria under paragraph (1), is underinsured, or 
     has a remaining balance and is at risk of financial harm, the 
     Secretary of Defense shall reduce each fee that would 
     otherwise be charged to the civilian under this section 
     according to a sliding fee discount program.
       ``(3) If a civilian specified in subsection (a) does not 
     meet the criteria under paragraph (1) or (2), the Secretary 
     of Defense shall implement an additional catastrophic waiver 
     to prevent financial harm.
       ``(4) The modified payment plan under this subsection may 
     not be administered by a Federal agency other than the 
     Department of Defense.''; and
       (3) by adding at the end the following new subsection:
       ``(e) Definitions.--In this section:
       ``(1) The term `covered payer' means a third-party payer or 
     other insurance, medical service, or health plan.
       ``(2) The terms `third-party payer' and `insurance, medical 
     service, or health plan' have the meaning given those terms 
     in section 1095(h) of this title.''.
       (c) Applicability.--The amendments made by subsections (a) 
     and (b) shall apply with respect to care provided on or after 
     the date that is 180 days after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 5706. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle D of title XXVIII, add the 
     following:

     SEC. 2868. MODIFICATION OF INFRASTRUCTURE TO EXPEDITE THE 
                   DEPLOYMENT BY RAIL OF HEAVY ARMORED DIVISIONS 
                   AND ASSOCIATED EQUIPMENT FROM INSTALLATIONS OF 
                   THE ARMY TO NAVAL PORTS.

       (a) In General.--The Secretary of Defense shall modify or 
     improve the infrastructure necessary to expedite the 
     deployment by rail of heavy armored divisions and associated 
     equipment from installations of the Army in the United States 
     to naval ports in support of a large-scale conflict with a 
     near-peer adversary to ensure that installations of the Army 
     that house armored divisions have a rail facility with 
     multiple spurs to allow for the expedited deployment of 
     troops and equipment.
       (b) Use of Amounts.--The Secretary may expend not more than 
     $150,000,000 to carry out the requirement under subsection 
     (a).
                                 ______
                                 
  SA 5707. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

[[Page S5080]]

  


     SEC. 1077. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES OF REAL ESTATE PURCHASES OR 
                   LEASES NEAR MILITARY INSTALLATIONS OR MILITARY 
                   AIRSPACE.

       (a) Inclusion in Definition of Covered Transaction.--
     Section 721(a)(4) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) any transaction described in subparagraph (B)(vi) 
     that is proposed, pending, or completed on or after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2023.''; and
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Notwithstanding clause (ii) or subparagraph (C), the 
     purchase or lease by, or a concession to, a foreign person of 
     private or public real estate--

       ``(I) that is located in the United States and within--

       ``(aa) 100 miles of a military installation (as defined in 
     section 2801(c)(4) of title 10, United States Code); or
       ``(bb) 50 miles of--
       ``(AA) a military training route (as defined in section 
     183a(h) of title 10, United States Code);
       ``(BB) airspace designated as special use airspace under 
     part 73 of title 14, Code of Federal Regulations (or a 
     successor regulation), and managed by the Department of 
     Defense;
       ``(CC) a controlled firing area (as defined in section 1.1 
     of title 14, Code of Federal Regulations (or a successor 
     regulation)) used by the Department of Defense; or
       ``(DD) a military operations area (as defined in section 
     1.1 of title 14, Code of Federal Regulations (or a successor 
     regulation)); and

       ``(II) if the foreign person is owned or controlled by, is 
     acting for or on behalf of, or receives subsidies from--

       ``(aa) the Government of the Russian Federation;
       ``(bb) the Government of the People's Republic of China;
       ``(cc) the Government of the Islamic Republic of Iran; or
       ``(dd) the Government of the Democratic People's Republic 
     of Korea.''.
       (b) Mandatory Unilateral Initiation of Reviews.--Section 
     721(b)(1)(D) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(b)(1)(D)) is amended--
       (1) in clause (iii), by redesignating subclauses (I), (II), 
     and (III) as items (aa), (bb), and (cc), respectively, and by 
     moving such items, as so redesignated, 2 ems to the right;
       (2) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II), and (III), respectively, and by moving 
     such subclauses, as so redesignated, 2 ems to the right; and
       (3) by striking ``Subject to'' and inserting the following:
       ``(i) In general.--Subject to''; and
       (4) by adding at the end the following:
       ``(ii) Mandatory unilateral initiation of certain 
     transactions.--The Committee shall initiate a review under 
     subparagraph (A) of a covered transaction described in 
     subsection (a)(4)(B)(vi).''.
       (c) Certifications to Congress.--Section 721(b)(3)(C)(iii) 
     of the Defense Production Act of 1950 (50 U.S.C. 
     4565(b)(3)(C)(iii)) is amended--
       (1) in subclause (IV), by striking ``; and'' and inserting 
     a semicolon;
       (2) in subclause (V), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:

       ``(VI) with respect to covered transactions described in 
     subsection (a)(4)(B)(vi), to the members of the Senate from 
     the State in which the military installation, military 
     training route, special use airspace, controlled firing area, 
     or military operations area is located, and the member of the 
     House of Representatives from the Congressional District in 
     which such installation, route, airspace, or area is 
     located.''.

       (d) Limitation on Approval of Energy Projects Related to 
     Reviews Conducted by Committee on Foreign Investment in the 
     United States.--
       (1) Review by secretary of defense.--Section 183a of title 
     10, United States Code, is amended--
       (A) by redesignating subsections (f), (g), and (h) as 
     subsections (g), (h), and (i), respectively; and
       (B) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Special Rule Relating To Review by Committee on 
     Foreign Investment of the United States.--(1) If, during the 
     period during which the Department of Defense is reviewing an 
     application for an energy project filed with the Secretary of 
     Transportation under section 44718 of title 49, the purchase, 
     lease, or concession of real property on which the project is 
     planned to be located is under review or investigation by the 
     Committee on Foreign Investment in the United States under 
     section 721 of the Defense Production Act of 1950 (50 U.S.C. 
     4565), the Secretary of Defense--
       ``(A) may not complete review of the project until the 
     Committee concludes action under such section 721 with 
     respect to the purchase, lease, or concession; and
       ``(B) shall notify the Secretary of Transportation of the 
     delay.
       ``(2) If the Committee on Foreign Investment in the United 
     States determines that the purchase, lease, or concession of 
     real property on which an energy project described in 
     paragraph (1) is planned to be located threatens to impair 
     the national security of the United States and refers the 
     purchase, lease, or concession to the President for further 
     action under section 721(d) of the Defense Production Act of 
     1950 (50 U.S.C. 4565(d)), the Secretary of Defense shall--
       ``(A) find under subsection (e)(1) that the project would 
     result in an unacceptable risk to the national security of 
     the United States; and
       ``(B) transmit that finding to the Secretary of 
     Transportation for inclusion in the report required under 
     section 44718(b)(2) of title 49.''.
       (2) Review by secretary of transportation.--Section 44718 
     of title 49, United States Code, is amended--
       (A) by redesignating subsection (h) as subsection (i); and
       (B) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Special Rule Relating To Review by Committee on 
     Foreign Investment of the United States.--The Secretary of 
     Transportation may not issue a determination pursuant to this 
     section with respect to a proposed structure to be located on 
     real property the purchase, lease, or concession of which is 
     under review or investigation by the Committee on Foreign 
     Investment in the United States under section 721 of the 
     Defense Production Act of 1950 (50 U.S.C. 4565) until--
       ``(1) the Committee concludes action under such section 721 
     with respect to the purchase, lease, or concession; and
       ``(2) the Secretary of Defense--
       ``(A) issues a finding under section 183a(e) of title 10; 
     or
       ``(B) advises the Secretary of Transportation that no 
     finding under section 183a(e) of title 10 will be 
     forthcoming.''.
                                 ______
                                 
  SA 5708. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in subtitle D of title I, insert 
     the following:

     SEC. __. DIVESTMENT OF A-10 THUNDERBOLT II AIRCRAFT.

       In fiscal year 2023, the Secretary of the Air Force shall 
     divest 42 A-10 Thunderbolt II aircraft.
                                 ______
                                 
  SA 5709. Mr. CRUZ (for himself, Mr. Rubio, Mr. Risch, Mr. Hoeven, Mr. 
Johnson, and Mr. Cramer) submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle C of title VII, add the following:

     SEC. 753. MODIFICATION OF LIMITATION ON ACTIONS BASED SOLELY 
                   ON FAILURE TO OBEY AN ORDER TO RECEIVE A 
                   VACCINE FOR COVID-19.

       Section 736 of the National Defense Authorization Act for 
     Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1800) is 
     amended--
       (1) by amending the section heading to read as follows: 
     ``limitations on punishment solely on basis of failure to 
     obey order to receive covid-19 vaccine'';
       (2) in subsection (a)--
       (A) by striking ``a lawful'' and inserting ``an''; and
       (B) by striking ``shall be'' and all that follows through 
     the period at the end and inserting ``shall be an honorable 
     discharge'';
       (3) by redesignating subsection (b) as subsection (f);
       (4) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Prohibition on Adverse Action.--The Secretary of 
     Defense may not take any adverse action against a covered 
     member based solely on the refusal of such member to receive 
     a vaccine for COVID-19.
       ``(c) Remedies Available for a Covered Member Discharged or 
     Punished Based on COVID-19 Status.--At the election of a 
     covered member and upon application through a process 
     established by the Secretary of Defense, the Secretary 
     shall--
       ``(1) adjust to `honorable discharge' the status of the 
     member if--
       ``(A) the member was separated from the Armed Forces based 
     solely on the failure of the member to obey an order to 
     receive a vaccine for COVID-19; and
       ``(B) the discharge status of the member would have been an 
     `honorable discharge' but for the refusal to obtain such 
     vaccine;
       ``(2) reinstate the member at the grade held by the member 
     immediately prior to the involuntary separation of the 
     member;

[[Page S5081]]

       ``(3) expunge from the service record of the member any 
     reference to any adverse action based solely on COVID-19 
     status, including involuntary separation; and
       ``(4) include the time of involuntary separation of the 
     member reinstated under paragraph (2) in the computation of 
     the retired or retainer pay of the member.
       ``(d) Attempt To Avoid Discharge.--The Secretary of Defense 
     shall--
       ``(1) make every effort to retain members of the Armed 
     Forces who are not vaccinated against COVID-19;
       ``(2) create an exemption to the requirement that members 
     of the Armed Forces be vaccinated against COVID-19 for such 
     members with natural immunity; and
       ``(3) create and recognize an exemption to the requirement 
     that members of the Armed Forces be vaccinated against COVID-
     19 based on an underlying health condition or the sincerely 
     held religious beliefs of an individual member.
       ``(e) Report on Religious Exemptions to COVID-19 Vaccine.--
     Not later than 90 days after the date of the enactment of the 
     Allowing Military Exemptions, Recognizing Individual Concerns 
     About New Shots Act of 2022, the Secretary of Defense shall 
     submit to Congress a report on the number of religious 
     exemptions submitted by members of Armed Forces for the 
     requirement that such members be vaccinated against COVID-19, 
     which shall include how many were approved and how many 
     denied, disaggregated by religious denomination.''; and
       (5) in subsection (f), as redesignated by paragraph (3)--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (B) by inserting before paragraph (2) the following new 
     paragraph:
       ``(1) The term `adverse action' includes discharge, 
     punishment, retaliation, disparate treatment, a requirement 
     to wear a mask, or a requirement to reside in substandard 
     housing or endure substandard conditions.''; and
       (C) in paragraph (3), as redesignated by subparagraph (A)--
       (i) by striking ``means a member'' and inserting ``means--
       ``(A) a member'';
       (ii) in subparagraph (A), as designated by clause (i), by 
     striking the period at the end and insert a semicolon; and
       (iii) by adding at the end the following new subparagraphs:
       ``(B) an individual enrolled at a military service academy; 
     or
       ``(C) an individual enrolled in the Junior Reserve 
     Officers' Training Corps (JROTC) or Senior Reserve Officers' 
     Training Corps (SROTC) program.''.
                                 ______
                                 
  SA 5710. Ms. BALDWIN (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. REPORT ON FOREIGN OWNERSHIP OF AGRICULTURAL LAND 
                   NEAR INSTALLATIONS OF THE DEPARTMENT OF DEFENSE 
                   IN THE UNITED STATES.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report that--
       (1) contains a thorough review of ownership by foreign 
     persons of agricultural land near installations of the 
     Department of Defense in the United States; and
       (2) assesses the threat such ownership poses to the 
     national security of the United States.
                                 ______
                                 
  SA 5711. Mr. ROUNDS (for himself, Mr. Lujan, Mr. Thune, Mr. Rubio, 
Mr. Sullivan, Mr. Inhofe, Mr. Cramer, Mr. Daines, Mr. Cassidy, Mr. 
Moran, Mr. Kelly, Mr. Cornyn, Ms. Klobuchar, Ms. Murkowski, Mr. 
Padilla, Ms. Sinema, Mr. Ossoff, Ms. Smith, Mr. Graham, Mr. Tillis, Mr. 
Warnock, Mr. Heinrich, Mr. Bennet, Mr. Hickenlooper, Mr. Braun, Mr. 
Burr, Ms. Cortez Masto, Mr. Lankford, Ms. Rosen, Ms. Warren, Mr. Scott 
of Florida, and Mrs. Feinstein) submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. ____. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL 
                   CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS, 
                   INCORPORATED.

       (a) In General.--Part B of subtitle II of title 36, United 
     States Code, is amended by inserting after chapter 1503 the 
     following:

    ``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED

``Sec.
``150401. Organization.
``150402. Purposes.
``150403. Membership.
``150404. Board of directors.
``150405. Officers.
``150406. Nondiscrimination.
``150407. Powers.
``150408. Exclusive right to name, seals, emblems, and badges.
``150409. Restrictions.
``150410. Duty to maintain tax-exempt status.
``150411. Records and inspection.
``150412. Service of process.
``150413. Liability for acts of officers and agents.
``150414. Failure to comply with requirements.
``150415. Annual report.

     ``Sec. 150401 Organization

       ``The National American Indian Veterans, Incorporated, a 
     nonprofit corporation organized in the United States 
     (referred to in this chapter the `corporation'), is a 
     federally chartered corporation.

     ``Sec. 150402. Purposes

       ``The purposes of the corporation are those stated in the 
     articles of incorporation, constitution, and bylaws of the 
     corporation, and include a commitment--
       ``(1) to uphold and defend the Constitution of the United 
     States while respecting the sovereignty of the American 
     Indian Nations;
       ``(2) to unite under one body all American Indian veterans 
     who served in the Armed Forces of United States;
       ``(3) to be an advocate on behalf of all American Indian 
     veterans without regard to whether they served during times 
     of peace, conflict, or war;
       ``(4) to promote social welfare (including educational, 
     economic, social, physical, and cultural values and 
     traditional healing) in the United States by encouraging the 
     growth and development, readjustment, self-respect, self-
     confidence, contributions, and self-identity of American 
     Indian veterans;
       ``(5) to serve as an advocate for the needs of American 
     Indian veterans and their families and survivors in their 
     dealings with all Federal and State government agencies;
       ``(6) to promote, support, and utilize research, on a 
     nonpartisan basis, pertaining to the relationship between 
     American Indian veterans and American society; and
       ``(7) to provide technical assistance to the Bureau of 
     Indian Affairs regional areas that are not served by any 
     veterans committee or organization or program by--
       ``(A) providing outreach service to Indian Tribes in need; 
     and
       ``(B) training and educating Tribal Veterans Service 
     Officers for Indian Tribes in need.

     ``Sec. 150403. Membership

       ``Subject to section 150406, eligibility for membership in 
     the corporation, and the rights and privileges of members, 
     shall be as provided in the constitution and bylaws of the 
     corporation.

     ``Sec. 150404. Board of directors

       ``Subject to section 150406, the board of directors of the 
     corporation, and the responsibilities of the board, shall be 
     as provided in the constitution and bylaws of the corporation 
     and in conformity with the laws under which the corporation 
     is incorporated.

     ``Sec. 150405. Officers

       ``Subject to section 150406, the officers of the 
     corporation, and the election of such officers, shall be as 
     provided in the constitution and bylaws of the corporation 
     and in conformity with the laws of the jurisdiction under 
     which the corporation is incorporated.

     ``Sec. 150406. Nondiscrimination

       ``In establishing the conditions of membership in the 
     corporation, and in determining the requirements for serving 
     on the board of directors or as an officer of the 
     corporation, the corporation may not discriminate on the 
     basis of race, color, religion, sex, national origin, 
     handicap, or age.

     ``Sec. 150407. Powers

       ``The corporation shall have only those powers granted the 
     corporation through its articles of incorporation, 
     constitution, and bylaws, which shall conform to the laws of 
     the jurisdiction under which the corporation is incorporated.

     ``Sec. 150408. Exclusive right to name, seals, emblems, and 
       badges

       ``(a) In General.--The corporation shall have the sole and 
     exclusive right to use the names `National American Indian 
     Veterans, Incorporated' and `National American Indian 
     Veterans', and such seals, emblems, and badges as the 
     corporation may lawfully adopt.
       ``(b) Effect.--Nothing in this section interferes or 
     conflicts with any established or vested rights.

     ``Sec. 150409. Restrictions

       ``(a) Stock and Dividends.--The corporation may not--
       ``(1) issue any shares of stock; or
       ``(2) declare or pay any dividends.
       ``(b) Distribution of Income or Assets.--
       ``(1) In general.--The income or assets of the corporation 
     may not--
       ``(A) inure to any person who is a member, officer, or 
     director of the corporation; or

[[Page S5082]]

       ``(B) be distributed to any such person during the life of 
     the charter granted by this chapter.
       ``(2) Effect.--Nothing in this subsection prevents the 
     payment of reasonable compensation to the officers of the 
     corporation, or reimbursement for actual and necessary 
     expenses, in amounts approved by the board of directors.
       ``(c) Loans.--The corporation may not make any loan to any 
     officer, director, member, or employee of the corporation.
       ``(d) No Federal Endorsement.--The corporation may not 
     claim congressional approval or Federal Government authority 
     by virtue of the charter granted by this chapter for any of 
     the activities of the corporation.

     ``Sec. 150410. Duty to maintain tax-exempt status

       ``The corporation shall maintain its status as an 
     organization exempt from taxation under the Internal Revenue 
     Code of 1986.

     ``Sec. 150411. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete books and records of accounts;
       ``(2) minutes of any proceeding of the corporation 
     involving any of member of the corporation, the board of 
     directors, or any committee having authority under the board 
     of directors; and
       ``(3) at the principal office of the corporation, a record 
     of the names and addresses of all members of the corporation 
     having the right to vote.
       ``(b) Inspection.--
       ``(1) In general.--All books and records of the corporation 
     may be inspected by any member having the right to vote, or 
     by any agent or attorney of such a member, for any proper 
     purpose, at any reasonable time.
       ``(2) Effect.--Nothing in this section contravenes--
       ``(A) the laws of the jurisdiction under which the 
     corporation is incorporated; or
       ``(B) the laws of those jurisdictions within the United 
     States and its territories within which the corporation 
     carries out activities in furtherance of the purposes of the 
     corporation.

     ``Sec. 150412. Service of process

       ``With respect to service of process, the corporation shall 
     comply with the laws of--
       ``(1) the jurisdiction under which the corporation is 
     incorporated; and
       ``(2) those jurisdictions within the United States and its 
     territories within which the corporation carries out 
     activities in furtherance of the purposes of the corporation.

     ``Sec. 150413. Liability for acts of officers and agents

       ``The corporation shall be liable for the acts of the 
     officers and agents of the corporation acting within the 
     scope of their authority.

     ``Sec. 150414. Failure to comply with requirements

       ``If the corporation fails to comply with any of the 
     requirements of this chapter, including the requirement under 
     section 150410 to maintain its status as an organization 
     exempt from taxation, the charter granted by this chapter 
     shall expire.

     ``Sec. 150415. Annual report

       ``(a) In General.--The corporation shall submit to Congress 
     an annual report describing the activities of the corporation 
     during the preceding fiscal year.
       ``(b) Submittal Date.--Each annual report under this 
     section shall be submitted at the same time as the report of 
     the audit of the corporation required by section 10101(b).
       ``(c) Report Not Public Document.--No annual report under 
     this section shall be printed as a public document.''.
       (b) Clerical Amendment.--The table of chapters for subtitle 
     II of title 36, United States Code, is amended by inserting 
     after the item relating to chapter 1503 the following:
                                 ______
                                 
  SA 5712. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. ___. ANNUAL REPORT ON UNFUNDED PRIORITIES OF UNDER 
                   SECRETARY OF DEFENSE FOR RESEARCH AND 
                   ENGINEERING.

       (a) Annual Report.--Not later than 10 days after the date 
     on which the budget of the President for a fiscal year is 
     submitted to Congress pursuant to section 1105 of title 31, 
     United States Code, the Under Secretary of Defense for 
     Research and Engineering shall submit to the Secretary of 
     Defense, the Chairman of the Joint Chiefs of Staff, and the 
     congressional defense committees a report on the unfunded 
     priorities of the Department of Defense-wide research, 
     development, test, and evaluation activities.
       (b) Contents.--Each report submitted under subsection (a) 
     shall specify, for each unfunded priority covered by such 
     report, the following:
       (1) A summary description of such priority, including the 
     objectives to be achieved if such priority is funded (whether 
     in whole or in part).
       (2) The additional amount of funds recommended in 
     connection with the objectives under paragraph (1).
       (3) Account information with respect to such priority, 
     including the following (as applicable):
       (A) Line Item Number (LIN) for applicable procurement 
     accounts.
       (B) Program Element (PE) number for applicable research, 
     development, test, and evaluation accounts.
       (C) Sub-activity group (SAG) for applicable operation and 
     maintenance accounts.
                                 ______
                                 
  SA 5713. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title XVI, insert the 
     following:

     SEC. 16__. ADDITIONAL AMOUNT FOR CYBER PARTNERSHIP 
                   ACTIVITIES.

       (a) Additional Amount.--Of the amount authorized to be 
     appropriated under this Act for United States Air Force, the 
     amount available for cyber partnership activities (PE-
     0208059F) is hereby increased by $500,000, with the amount of 
     such increase to be used to support additional travel and 
     workload to achieve an initial intent of expanded Jordanian 
     engagement.
       (b) Offset.--Of the amount authorized to be appropriated 
     under this Act for United States Navy, the amount available 
     for the SHARKCAGE program (PE-0303140N) is hereby reduced by 
     $500,000.
                                 ______
                                 
  SA 5714. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. __. REMOVAL OF REMAINS OF FORMER NAVY LIEUTENANT ANDREW 
                   J. CHABROL FROM ARLINGTON NATIONAL CEMETERY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Army, in consultation with the 
     Secretary of Veterans Affairs, shall remove the remains of 
     former Navy lieutenant Andrew J. Chabrol from Arlington 
     National Cemetery.
                                 ______
                                 
  SA 5715. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle F of title V, add the following:

     SEC. 575. LEASE-TO-PURCHASE AGREEMENTS TO BE INCLUDED IN 
                   BONDED INDEBTEDNESS CALCULATION.

       Section 7007(b)(3) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7707(b)(3)) is amended by 
     adding at the end the following:
       ``(F) Lease purchase agreements.--With respect to any local 
     educational agency that is eligible to receive funding under 
     this subsection, the amount of debt incurred by the local 
     educational agency under a lease purchase agreement shall be 
     deemed to be bonded debt for purposes of determining the 
     local educational agency's bonded indebtedness under this 
     subsection.''.
                                 ______
                                 
  SA 5716. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:


[[Page S5083]]


  

        At the end of subtitle A of title XII, add the following:

     SEC. 1214. RESTRICTION ON FEDERAL FUNDS IN GAZA.

       (a) Short Title.--This section may be cited as the ``Stop 
     Taxpayer Funding of Hamas Act''.
       (b) Restriction on Direct Expenditures of Federal Funds in 
     Gaza.--No United States Government funds may be obligated or 
     expended in the territory of Gaza until after the President 
     certifies to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives that such funds can be expended without 
     benefitting any organization or persons that is--
       (1) a member of Hamas, Palestinian Islamic Jihad, or any 
     other organization designated by the Secretary of State as a 
     foreign terrorist organization under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189); or
       (2) controlled or influenced by Hamas, Palestinian Islamic 
     Jihad, or any such foreign terrorist organization.
       (c) United Nations Entities.--No United States Government 
     funds may be obligated or expended in the territory of Gaza 
     through any United Nations entity or office unless the 
     President certifies to the congressional committees referred 
     to in subsection (b) that such entity or office is not 
     encouraging or teaching anti-Israel or anti-Semitic ideas or 
     propaganda.
                                 ______
                                 
  SA 5717. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. AFGHAN VETTING ACCOUNTABILITY.

       (a) Short Title.--This section may be cited as the ``Afghan 
     Vetting Accountability Act of 2022''.
       (b) Findings.--Congress makes the following findings:
       (1) The Office of the Inspector General of the Department 
     of Homeland Security conducted an audit, which included 
     meetings with more than 130 individuals from the Department 
     of Homeland Security, to determine the extent to which the 
     Department of Homeland Security screened, vetted, and 
     inspected evacuees arriving as part of Operation Allies 
     Refuge and Operation Allies Welcome.
       (2) In the report resulting from such audit, ``DHS 
     Encountered Obstacles to Screen, Vet, and Inspect All 
     Evacuees during the Recent Afghanistan Crisis'', which was 
     issued on September 6, 2022, the Inspector General of the 
     Department of Homeland Security found that--
       (A) ``[t]he United States welcomed more than 79,000 Afghan 
     evacuees between July 2021 and January 2022, as part of 
     [Operation Allies Refuge and Operation Allies Welcome]'';
       (B) ``[t]he President directed the Secretary of Homeland 
     Security to lead the coordination across the Federal 
     Government to resettle vulnerable Afghans arriving as part of 
     [Operation Allies Welcome]'';
       (C) ``[the Department of Homeland Security] encountered 
     obstacles to screen, vet, and inspect all Afghan evacuees 
     arriving as part of Operation Allies Refuge and Operation 
     Allies Welcome'';
       (D) ``U.S. Customs and Border Protection did not always 
     have critical data to properly screen, vet, or inspect the 
     evacuees'';
       (E) ``some information used to vet evacuees through U.S. 
     Government databases, such as name, date of birth, 
     identification number, and travel document data, was 
     inaccurate, incomplete, or missing''; and
       (F) ``[U.S. Customs and Border Protection] admitted or 
     paroled evacuees who were not fully vetted into the United 
     States''.
       (3) The Office of the Inspector General of the Department 
     of Homeland Security attributed the Department of Homeland 
     Security's challenges with respect to properly screening, 
     vetting, and inspecting such evacuees to not having--
       (A) a list of evacuees from Afghanistan who were unable to 
     provide sufficient identification documents;
       (B) a contingency plan to support similar emergency 
     situations; and
       (C) standardized policies.
       (4) As a result of such deficiencies, the Department of 
     Homeland Security may have admitted or paroled individuals 
     into the United States who pose a risk to the national 
     security of the United States and to the safety of local 
     communities.
       (c) Identification and Recurrent Vetting of Evacuees From 
     Afghanistan.--Not later than 30 days after the date of the 
     enactment of this Act, the Commissioner of U.S. Customs and 
     Border Protection shall--
       (1) identify all evacuees from Afghanistan who--
       (A) were paroled into the United States during the period 
     beginning on July 14, 2021, and ending on February 19, 2022, 
     as part of Operation Allies Refuge or Operation Allies 
     Welcome; and
       (B) remain in the United States;
       (2) for each such Afghan evacuee, conduct a full screening 
     and vetting, including by consulting all law enforcement and 
     international terrorist screening databases, based on the 
     confirmed identity of the evacuee;
       (3) prioritize the screening and vetting described in 
     paragraph (2) for such evacuees who did not have 
     documentation of their identity on arrival in the United 
     States;
       (4) establish recurrent and periodic vetting processes for 
     all such evacuees, including in-person interviews, to the 
     extent necessary;
       (5) ensure that the vetting processes described in 
     paragraph (4) are carried out for each such evacuee for the 
     duration of the authorized period of parole of the evacuee; 
     and
       (6) submit evidence to the Director of National 
     Intelligence, the Secretary of Defense, the Secretary of 
     State, the Secretary of Homeland Security, the Attorney 
     General, and the head of each State and local law enforcement 
     agency with jurisdiction over a place where an Afghan evacuee 
     resides that the full screening and vetting described in 
     paragraph (2) and the recurrent and periodic vetting 
     processes described in paragraph (4) have been carried out.
       (d) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Homeland Security shall submit a report to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives that includes--
       (1) the findings and results of the rescreening and vetting 
     required under subsection (c); and
       (2) the number of Afghan evacuees who were determined to be 
     inadmissible to the United States.
                                 ______
                                 
  SA 5718. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

               Subtitle G--Protecting Taiwan for Invasion

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Taiwan Invasion 
     Prevention Act''.

     CHAPTER 1--AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES

     SEC. 1282. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Taiwan is a free and prosperous democracy of nearly 
     24,000,000 people and is an important contributor to peace 
     and stability around the world.
       (2) Section 2(b) of the Taiwan Relations Act (Public Law 
     96-8; 22 U.S.C. 3301(b)) states that it is the policy of the 
     United States--
       (A) ``to preserve and promote extensive, close, and 
     friendly commercial, cultural, and other relations between 
     the people of the United States and the people on Taiwan, as 
     well as the people on the China mainland and all other 
     peoples of the Western Pacific area'';
       (B) ``to declare that peace and stability in the area are 
     in the political, security, and economic interests of the 
     United States, and are matters of international concern'';
       (C) ``to make clear that the United States decision to 
     establish diplomatic relations with the People's Republic of 
     China rests upon the expectation that the future of Taiwan 
     will be determined by peaceful means'';
       (D) ``to consider any effort to determine the future of 
     Taiwan by other than peaceful means, including by boycotts or 
     embargoes, a threat to the peace and security of the Western 
     Pacific area and of grave concern to the United States'';
       (E) ``to provide Taiwan with arms of a defensive 
     character''; and
       (F) ``to maintain the capacity of the United States to 
     resist any resort to force or other forms of coercion that 
     would jeopardize the security, or the social or economic 
     system, of the people on Taiwan''.
       (3) Since the election of President Tsai Ing-wen as 
     President of Taiwan in 2016, the Government of the People's 
     Republic of China has intensified its efforts to pressure 
     Taiwan through diplomatic isolation and military 
     provocations.
       (4) The rapid modernization of the People's Liberation Army 
     and recent military maneuvers in and around the Taiwan Strait 
     illustrate a clear threat to Taiwan's security.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) both the United States and Taiwan have made significant 
     strides since 1979 in bolstering their defense relationship;
       (2) the People's Republic of China has dramatically 
     increased the capability of its military forces since 1979;
       (3) the People's Republic of China has in recent years 
     increased the use of its military forces to harass and 
     provoke Taiwan with the threat of overwhelming force; and
       (4) it is the policy of the United States to consider any 
     effort to determine the future

[[Page S5084]]

     of Taiwan by anything other than peaceful means, including by 
     boycotts or embargoes, a threat to the peace and security of 
     the Western Pacific area, and of grave concern to the United 
     States.

     SEC. 1283. AUTHORIZATION FOR USE OF UNITED STATES ARMED 
                   FORCES.

       (a) In General.--The President is authorized to use the 
     Armed Forces of the United States and take such other 
     measures as the President determines to be necessary and 
     appropriate in order to secure and protect Taiwan against--
       (1) a direct armed attack by the military forces of the 
     People's Republic of China against the military forces of 
     Taiwan;
       (2) the taking of territory under the effective 
     jurisdiction of Taiwan by the military forces of the People's 
     Republic of China; or
       (3) the endangering of the lives of members of the military 
     forces of Taiwan or civilians within the effective 
     jurisdiction of Taiwan in cases in which such members or 
     civilians have been killed or are in imminent danger of being 
     killed.
       (b) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution (50 U.S.C. 
     1547(a)(1)), Congress declares that this section is intended 
     to constitute specific statutory authorization within the 
     meaning of section 5(b) of the War Powers Resolution (50 
     U.S.C. 1544(b)).
       (2) Applicability of other requirements.--Nothing in this 
     subtitle may be construed to supersede any requirement of the 
     War Powers Resolution (50 U.S.C. 1541 et seq.).
       (c) Sense of Congress.--It is the sense of Congress that, 
     at the earliest possible date after the date of the enactment 
     of this Act, the President should release a public 
     declaration that it is the policy of the United States to 
     secure and protect Taiwan against any action of the People's 
     Republic of China described in paragraph (1), (2), or (3) of 
     subsection (a).
       (d) Statement of Policy.--It is the policy of the United 
     States to demand that the People's Republic of China 
     officially renounce the use or threat of military force in 
     any attempt to unify with Taiwan.
       (e) Authorization Period.--
       (1) In general.--The authorization for use of the Armed 
     Forces under this section shall expire on the date that is 5 
     years after the date of the enactment of this Act.
       (2) Sense of congress.--It is the sense of Congress that 
     the authorization for use of the Armed Forces under this 
     section should be reauthorized by a subsequent Act of 
     Congress.

                        CHAPTER 2--OTHER MATTERS

     SEC. 1284. REGIONAL SECURITY DIALOGUE TO IMPROVE SECURITY 
                   RELATIONSHIPS IN THE WESTERN PACIFIC AREA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State and the heads of 
     other relevant Federal agencies, as appropriate, shall seek 
     to convene, on an annual basis, a regional security dialogue 
     with the Government of Taiwan and the governments of like-
     minded security partners to improve the security 
     relationships among the United States and such countries in 
     the Western Pacific area.
       (b) Matters To Be Included.--The regional security dialogue 
     may consider matters relating to--
       (1) coordinating lower-level military-to-military dialogue; 
     and
       (2) planning for potential military confrontation 
     scenarios.

     SEC. 1285. UNITED STATES-TAIWAN BILATERAL TRADE AGREEMENT.

       Not later than 180 days after the date of the enactment of 
     this Act, the United States Trade Representative should seek 
     to enter into negotiations with representatives from Taiwan 
     to establish a bilateral trade agreement between the United 
     States and Taiwan.

     SEC. 1286. UNITED STATES-TAIWAN COMBINED MILITARY EXERCISES 
                   AND RELATED ACTIONS.

       (a) Combined Military Exercises.--The Secretary of Defense, 
     in coordination with the heads of other relevant Federal 
     agencies, should seek to carry out a program of combined 
     military exercises between the United States, Taiwan, and, if 
     feasible, other United States allies and partners to improve 
     military coordination and relations with Taiwan.
       (b) Combined Disaster Relief Exercises.--The Secretary of 
     Defense, in coordination with the heads of other relevant 
     Federal agencies, should engage with their counterparts in 
     Taiwan to organize combined disaster and humanitarian relief 
     exercises.
       (c) Taiwan Strait Transits, Freedom of Navigation 
     Operations, and Presence Operations.--The Secretary of 
     Defense should consider increasing transits through the 
     Taiwan Strait, freedom of navigation operations in the Taiwan 
     Strait, and presence operations in the Western Pacific by the 
     United States Navy, including in conjunction with United 
     States allies and partners.
       (d) Sense of Congress.--It is the sense of Congress that 
     Taiwan should dedicate additional domestic resources toward 
     advancing its military readiness for purposes of defending 
     Taiwan, including through--
       (1) steady increases in annual defense spending as a share 
     of gross domestic product;
       (2) procurements of defense technologies that directly 
     bolster Taiwan's asymmetric defense capabilities;
       (3) reform of Taiwan's military reserves, including 
     increasing the length of training required and number of days 
     required in service annually;
       (4) participation with United States Armed Forces in 
     combined military exercises; and
       (5) further engagement with the United States on 
     strengthening Taiwan's cyber capabilities.

     SEC. 1287. SENSE OF CONGRESS REGARDING UNITED STATES SUPPORT 
                   FOR DEFENDING TAIWAN.

       It is the sense of Congress that--
       (1) given the security considerations posed by the People's 
     Republic of China, the Secretary of State should accelerate 
     the approval of sales of defense articles and services to 
     Taiwan for purposes of defending Taiwan; and
       (2) the Secretary of Defense should offer support to Taiwan 
     by--
       (A) continuing to send United States military advisors to 
     Taiwan for training purposes;
       (B) encouraging members of the United States Armed Forces 
     to enroll in Taiwan's National Defense University;
       (C) maintaining a significant United States naval presence 
     within a close proximity to Taiwan; and
       (D) reestablishing the Taiwan Patrol Force under the 
     direction of the United States Navy.

     SEC. 1288. HIGH-LEVEL VISITS.

       (a) Visit to Taiwan by President of the United States.--Not 
     later than 1 year after the date of the enactment of this 
     Act, the President or the Secretary of State (if designated 
     by the President), with appropriate interagency consultation 
     and participation, should arrange a meeting in Taiwan with 
     the President of Taiwan.
       (b) Visit to the United States by President of Taiwan.--It 
     is the sense of Congress that the United States would benefit 
     from a meeting in the United States between the President or 
     the Secretary of State and the President of Taiwan.

     SEC. 1289. SENSE OF CONGRESS REGARDING ADDRESS TO JOINT 
                   SESSION OF CONGRESS BY PRESIDENT OF TAIWAN.

       It is the sense of Congress that it would be beneficial for 
     the United States and Taiwan to invite the President of 
     Taiwan to address a joint session of Congress and 
     subsequently participate in a roundtable discussion with 
     members of Congress.
                                 ______
                                 
  SA 5719. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. INCREASE IN SPECIAL PENSION FOR MEDAL OF HONOR 
                   RECIPIENTS.

       (a) In General.--Section 1562(a)(1) of title 38, United 
     States Code, is amended by striking ``$1,388.68'' and 
     inserting ``$3,500''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     take effect on the date that is--
       (A) except as provided in subparagraph (B), 180 days after 
     the date of the enactment of this Act; and
       (B) in the case that the date that is 180 days after the 
     date of the enactment of this Act is not the first day of a 
     month, the first day of the first month beginning after the 
     date that is 180 days after the date of the enactment of this 
     Act.
       (2) Delay of annual cost-of-living adjustment.--
       (A) In general.--The Secretary of Veterans Affairs shall 
     not make an increase pursuant to section 1562(e) of such 
     title effective December 1, 2022, if the amendment made by 
     subsection (a) takes effect before such date.
       (B) Resumption.--In the case that the Secretary, pursuant 
     to subparagraph (A), does not make an increase pursuant to 
     section 1562(e) of such title effective December 1, 2022, the 
     Secretary shall resume making increases pursuant to such 
     section with the first such increase effective December 1, 
     2023.
                                 ______
                                 
  SA 5720. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. SENSE OF CONGRESS REGARDING HONORING THE LAST 
                   SURVIVING MEDAL OF HONOR RECIPIENT FOR EACH 
                   MAJOR MILITARY CONFLICT.

       It is the sense of Congress that--

[[Page S5085]]

       (1) lying in honor in the rotunda of the Capitol represents 
     the highest honor that can be bestowed on a citizen of the 
     United States upon their passing;
       (2) recipients of the Medal of Honor have demonstrated 
     valor and bravery in combat in service to the United States 
     above all reasonable expectations of a citizen;
       (3) to honor the thousands of men and women who answered 
     their Nation's call to arms, the remains of the individual 
     who was the last surviving recipient of the Medal of Honor 
     for acts performed during each major military conflict should 
     be permitted to lie in honor in the rotunda of the Capitol on 
     such date as is determined appropriate by--
       (A) the next of kin of such individual;
       (B) the Speaker of the House of Representatives;
       (C) the minority leader of the House of Representatives;
       (D) the majority leader of the Senate;
       (E) the minority leader of the Senate; and
       (F) the President pro tempore of the Senate; and
       (4) the Architect of the Capitol should take all necessary 
     steps for the accomplishment of that purpose.
                                 ______
                                 
  SA 5721. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle B of title XXXI, add the following:

     SEC. 3118. PLAN TO ACCELERATE RESTORATION OF DOMESTIC URANIUM 
                   ENRICHMENT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States is engaged in a period of intense 
     strategic competition with 2 peer adversaries, each of which 
     aims to develop nuclear forces superior to the nuclear forces 
     of the United States and its allies in the North Atlantic 
     Treaty Organization;
       (2) successfully deterring the aims of such adversaries and 
     preserving the national security of the United States and the 
     security of its allies requires that the United States 
     maintain a capable, credible nuclear force, including the 
     capability to produce the materials needed to manufacture 
     nuclear weapons and provide reliable sources of energy for 
     naval vessels and military facilities; and
       (3) a key component to achieving those goals is the 
     restoration of the domestic uranium enrichment capability of 
     the United States, a component that will allow the United 
     States to make significant strides toward improved energy 
     independence by reducing reliance on international sources of 
     enriched uranium and opening up tremendous opportunities for 
     improving the competitiveness of the United States in the 
     international energy economy.
       (b) Plan.--
       (1) In general.--Not later than June 1, 2023, the Secretary 
     of Defense, in coordination with the Administrator for 
     Nuclear Security, shall submit to the congressional defense 
     committees a plan to restore the domestic uranium enrichment 
     capability of the United States by not later than 2035.
       (2) Elements.--The plan required by paragraph (1) shall 
     include the following elements:
       (A) Recommendations restore unobligated uranium production, 
     conversion and enrichment capabilities, including production 
     of high-enriched uranium--
       (i) to refurbish the nuclear weapons stockpile of the 
     United States over a period of not more than 30 years;
       (ii) to satisfy the annual requirements of the United 
     States for naval reactor fuel, including projections for 
     satisfying fuel requirements for all submarines developed 
     using reactor designs and technology of the United States; 
     and
       (iii) to satisfy the annual requirements of the United 
     States for defense nuclear power reactors.
       (B) Recommendations to improve the production capacity of 
     unobligated low-enriched uranium needed to satisfy annual 
     tritium production requirements for the nuclear weapons 
     stockpile of the United States and associated research and 
     development objectives.
       (C) Such other recommendations and information as the 
     Secretary of Defense or the Administrator for Nuclear 
     Security consider appropriate.
                                 ______
                                 
  SA 5722. Mr. COTTON (for himself, Mr. Coons, and Mr. Blunt) submitted 
an amendment intended to be proposed to amendment SA 5499 submitted by 
Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to 
the bill H.R. 7900, to authorize appropriations for fiscal year 2023 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle A of title XII, add the following:

     SEC. 1214. AUSTRALIA-UNITED STATES LEGISLATIVE EXCHANGE 
                   PROGRAM.

       (a) Findings.--Congress finds the following:
       (1) The Indo-Pacific region is among the fastest-growing 
     regions of the world and is the most important region for 
     United States interests.
       (2) The strategic challenges emerging from the Indo-Pacific 
     region require collaboration and cooperative solutions 
     between the United States and its allies and partners.
       (3) Australia has been one of the United States' closest 
     allies for well over 100 years. This ``Mateship'' began with 
     the visit of the American Great White Fleet to Sydney Harbor 
     in 1908. The United States-Australia bond was soon sealed as 
     troops from both countries fought and died together in World 
     War I.
       (4) Since World War I, Australians and Americans--
       (A) have supported each other in every major military 
     conflict in which the United States was involved; and
       (B) have mutually supported each another in intelligence-
     sharing.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States must continue to build and maintain 
     strong relationships with allies and partners in the Indo-
     Pacific region to successfully protect its vital interests 
     and to ensure a free and open Indo-Pacific region;
       (2) the Australia-United States relationship will continue 
     to be vital throughout the 21st century and beyond;
       (3) as the Australia-United States alliance evolves, it is 
     necessary that emerging leaders in both countries develop a 
     deeper understanding of their ally's view of the world; and
       (4) exchange programs between foreign policy and national 
     security staff from the United States Congress and the 
     Australian Parliament will further bind our nations together.
       (c) Establishment.--
       (1) In general.--The majority leader of the Senate, the 
     minority leader of the Senate, the Speaker of the House of 
     Representatives, and the minority leader of the House of 
     Representatives, working through a designated nonprofit, such 
     as a think tank, a foundation, or another suitable 
     organization contracted by the Department of Defense 
     competitive award process, shall work with appropriate 
     leaders of the Australian Parliament to establish the 
     Australia-United States Legislative Exchange Program 
     (referred to in this section as the ``Program'').
       (2) Purpose.--The purpose of the Program shall be to 
     coordinate annual 1 to 2 week legislative exchanges between 
     United States congressional staff and Australian 
     parliamentary staff that focus on foreign policy, national 
     security, and other issues of mutual interest between both 
     countries.
       (3) Selection of staff.--
       (A) Congressional staff.--In carrying out the Program, the 
     congressional leaders referred to in paragraph (1), in 
     consultation with the head of the nonprofit designated 
     pursuant to paragraph (1), shall jointly select a bipartisan, 
     bicameral group of congressional staff for each exchange 
     described in paragraph (2).
       (B) Parliamentary staff.--It is the sense of Congress that 
     leaders in the Australian Parliament will select a 
     politically balanced group of Australian parliamentary staff 
     who will participate in each exchange described in paragraph 
     (2).
       (4) Venues.--The exchanges described in paragraph (2) shall 
     take place primarily in Washington, D.C. and Canberra, 
     Australia, but may include opportunities for staff--
       (A) to engage in cultural immersion activities; and
       (B) to tour other key regions in each country in accordance 
     with the purposes of the Program.
       (5) Program activities.--Program participants, while 
     visiting the partner country, shall--
       (A) meet with senior executive branch and legislative 
     branch officials, think tank scholars, and nonprofit advocacy 
     groups; and
       (B) participate in specially-designed courses covering the 
     politics and foreign policy issues in such country with the 
     intent to foster a deeper understanding of the political 
     environment in which their counterparts operate.
       (6) Consultation.--In managing the Program on behalf of the 
     congressional leaders referred to in paragraph (1), the head 
     of the nonprofit designated pursuant to paragraph (1) shall 
     consult with, and accepting guidance from, senior staff of 
     the Committee on Armed Services of the Senate, the Committee 
     on Foreign Relations of the Senate, the Committee on Armed 
     Services of the House of Representatives, and the Committee 
     on Foreign Affairs of the House of Representatives.
       (7) Alumni network.--The head of the nonprofit designated 
     pursuant to paragraph (1) shall establish an alumni network 
     program, in cooperation with a representative of the 
     Australian Parliament, that brings together past alumni of 
     the program for special events or programs that provide for 
     further exchanges and lasting relationships between 
     policymakers and leaders in both countries.
                                 ______
                                 
  SA 5723. Mr. COTTON submitted an amendment intended to be proposed to

[[Page S5086]]

amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. CERTIFICATIONS RELATED TO FOREIGN FUNDING OF 
                   CERTAIN TAX-EXEMPT RESEARCH AND ADVOCACY 
                   ORGANIZATIONS.

       (a) In General.--Section 501 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(s) Additional Certification Requirements for Certain 
     Research and Advocacy Organizations.--
       ``(1) In general.--An applicable research and advocacy 
     organization shall be exempt from tax under subsection (a) 
     only if such organization submits an annual certification 
     verifying that such organization has not accepted any 
     contributions or other funding from entities that are owned 
     by, controlled by, or subject to the jurisdiction or 
     direction of a government of a foreign country that is a 
     covered nation (as defined in section 4872(d) of title 10, 
     United States Code).
       ``(2) Applicable research and advocacy organization.--For 
     purposes of this subsection, the term `applicable research 
     and advocacy organization' means any of the following:
       ``(A) An organization described in subsection (c)(3)--
       ``(i) which is organized or operated exclusively for--

       ``(I) research and educational purposes on matters of 
     public policy or political strategy, or
       ``(II) engaging in advocacy on matters of public policy or 
     political strategy,

       ``(ii) the research, educational, and advocacy material of 
     which is available to the general public, and
       ``(iii) which is not an institution of higher education (as 
     defined in section 1001 of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))).
       ``(B) An organization described in subsection (c)(4) which 
     is affiliated with an organization described in subparagraph 
     (A).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 5724. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. __. STANDARDIZATION OF SECTIONAL BARGE CONSTRUCTION FOR 
                   DEPARTMENT OF DEFENSE USE ON RIVERS AND 
                   INTERCOASTAL WATERWAYS.

       The Secretary of Defense shall ensure that any sectional 
     barge used by the Department of Defense--
       (1) is built to a design that has been reviewed and 
     approved, to the extent possible, by the American Bureau of 
     Shipping, for the intended barge service, and using the rule 
     set of the American Bureau of Shipping for building and 
     classing steel vessels for service on rivers and intercoastal 
     waterways; and
       (2) has a deck design that provides for a minimum 
     concentrated load capacity of 10,000 pounds per square foot.
                                 ______
                                 
  SA 5725. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR 
                   ALLIES AND PARTNERS PARTICIPATING IN EDUCATION 
                   OR TRAINING ACTIVITIES IN THE UNITED STATES.

       (a) Waiver by Secretary of Defense.--Subsection (a) of 
     section 1090 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 10 U.S.C. 113 note) is amended by adding at the end 
     the following new paragraph:
       ``(5) Waiver.--
       ``(A) In general.--The Secretary of Defense may, with the 
     concurrence of the Secretary of State, and without 
     delegation, waive the requirement to vet covered individuals 
     under this section--
       ``(i) on a person-by-person basis, if the Secretary of 
     Defense determines that the waiver is in the national 
     security interests of the United States; or
       ``(ii) on a country-by-country basis, with respect to 
     foreign nationals or other appropriate persons who hold a 
     security clearance issued by that country, if the Secretary 
     of Defense determines that the vetting procedures of the 
     country are functionally equivalent to the vetting procedures 
     of the United States for United States military personnel.
       ``(B) Functional equivalence.--
       ``(i) Definition.--The Secretary of Defense, in 
     coordination with the Under Secretary of Defense for 
     Intelligence and Security and in consultation, as 
     appropriate, with the Secretary of State, shall establish and 
     submit to the congressional defense committees a definition 
     of functional equivalence for purposes of making a 
     determination under subparagraph (A)(ii).
       ``(ii) Assessment.--The Secretary of Defense shall conduct 
     an assessment of the vetting procedures of a country prior to 
     making a determination of functional equivalence under 
     subparagraph (A)(ii). Such assessment shall take into 
     consideration any information about such procedures provided 
     to the Secretary of Defense by the Secretary of State.
       ``(C) Notification requirement.--The Secretary of Defense 
     shall submit a written notification to the congressional 
     defense committees not later than 48 hours after exercising 
     the waiver authority under subparagraph (A), including a 
     justification for the waiver and an assessment of the vetting 
     procedures of a country, if appropriate.''.
       (b) Type of Access Covered.--Subsections (a) through (c) of 
     such section 1090 are further amended by striking ``physical 
     access'' each place it appears and inserting ``unescorted 
     physical access''.
       (c) Definitions.--
       (1) Covered individual.--Subsection (e)(2) of such section 
     is amended to read as follows:
       ``(2) The term `covered individual'--
       ``(A) except as provided in subparagraph (B), means a 
     foreign national or other appropriate person who is--
       ``(i) seeking unescorted physical access to a Department of 
     Defense installation or facility within the United States; 
     and
       ``(ii)(I) selected, nominated, or accepted for training or 
     education for a period of more than 14 days occurring on a 
     Department of Defense installation or facility within the 
     United States; or
       ``(II) an immediate family member accompanying a foreign 
     national or other appropriate person who has been so 
     selected, nominated, or accepted for such training or 
     education; and
       ``(B) does not include a foreign national or other 
     appropriate person of Australia, Canada, New Zealand, or the 
     United Kingdom who holds a security clearance issued by the 
     country of the foreign national and has provided the 
     Department of Defense a certification of such clearance.''.
       (2) Immediate family member.--Subsection (e)(4) of such 
     section is amended--
       (A) by striking ``means the parent'' and inserting the 
     following: ``means a person who--
       ``(A) is the parent'';
       (B) in subparagraph (A), as designated by subparagraph (A) 
     of this paragraph, by striking the period and inserting ``; 
     and''; and
       (C) by adding at the end the following new subparagraph:
       ``(B) has attained the age of 16 years old at the time that 
     unescorted physical access is to begin.''.
       (3) Foreign national; other appropriate person.--Section 
     1090(e) of such Act is amended by adding at the end the 
     following new paragraphs:
       ``(5) The term `foreign national' means a person who is not 
     a citizen or national of the United States or an alien 
     lawfully admitted for permanent residence in the United 
     States under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.).
       ``(6) The term `other appropriate person' means a person 
     who is a citizen of both the United States and another 
     country or who is an alien lawfully admitted for permanent 
     residence in the United States, if such person intends to 
     attend training or education on behalf of a foreign 
     country.''.
       (d) Clarifying Amendment.--Such section is further amended 
     by striking ``Secretary'' each place it appears and inserting 
     ``Secretary of Defense'' in the following provisions:
       (1) Paragraphs (2), (3), and (4) of subsection (a).
       (2) Paragraph (1) of subsection (b) in the matter preceding 
     subparagraph (A).
                                 ______
                                 
  SA 5726. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction,

[[Page S5087]]

and for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle D of title XII, add the following:

     SEC. 1254. ANNUAL REPORT ON UNITED STATES PORTFOLIO 
                   INVESTMENTS IN THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of the Treasury shall submit to Congress a report 
     on portfolio investments by United States persons in the 
     People's Republic of China, including such investments routed 
     through a jurisdiction outside the United States.
       (b) Elements.--Each report required by subsection (a) shall 
     include an assessment of the involvement of the following in 
     portfolio investments in the People's Republic of China:
       (1) United States persons making such investments, 
     including an assessment of--
       (A) the types of United States persons making such 
     investments, including State pension funds; and
       (B) United States persons making more than 2 percent of the 
     total of such investments in a year.
       (2) Chinese entities receiving such investments, including 
     an assessment of--
       (A) such entities in individual sectors of the economic of 
     the People's Republic of China, including the housing sector;
       (B) any Chinese entities subject to sanctions imposed by 
     the United States receiving such investments; and
       (C) Chinese entities that receive more than $100,000,000 
     from such investments.
       (c) Period Covered.--The period covered by a report 
     required by subsection (a) shall be--
       (1) in the case of the first such report, the period 
     beginning on January 1, 2008, and ending on the date of the 
     report; and
       (2) in the case of each subsequent such report, the one-
     year period preceding submission of the report.
       (d) Definitions.--In this section:
       (1) Chinese entity.--The term ``Chinese entity'' means an 
     entity organized under the laws of the People's Republic of 
     China or otherwise subject to the jurisdiction of the 
     Government of the People's Republic of China.
       (2) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.
                                 ______
                                 
  SA 5727. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

     Subtitle G--Sanctions With Respect to Chinese Communist Party

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Sanction Transactions 
     Originating from Pernicious Chinese Companies and Policies 
     Act of 2022'' or the ``STOP CCP Act of 2022''.

     SEC. 1282. DEFINITIONS.

       In this subtitle:
       (1) Chinese entity.--The term ``Chinese entity'' means an 
     entity organized under the laws of the People's Republic of 
     China or otherwise subject to the jurisdiction of the 
     Government of the People's Republic of China.
       (2) Publicly traded securities.--The term ``publicly traded 
     securities'' includes--
       (A) any security (as defined in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) 
     denominated in any currency that trades on a securities 
     exchange, or through the method of trading that is commonly 
     referred to as ``over-the-counter'', in any jurisdiction; and
       (B) any security that is derivative of or designed to 
     provide investment exposure to a security described in 
     subparagraph (A).
       (3) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 1283. PROHIBITION ON SECURITIES INVESTMENTS THAT FINANCE 
                   CERTAIN COMPANIES OF THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       The following activities by a United States person are 
     prohibited:
       (1) The purchase or sale of any publicly traded securities, 
     or any publicly traded securities that are derivative of such 
     securities or are designed to provide investment exposure to 
     such securities, issued by any person determined by the 
     Secretary of the Treasury, in consultation with the Secretary 
     of State, and, as the Secretary of the Treasury deems 
     appropriate, the Secretary of Defense--
       (A) to operate or have operated in the defense and related 
     materiel sector or the surveillance technology sector of the 
     economy of the People's Republic of China; or
       (B) to own or control, or to be owned or controlled by, 
     directly or indirectly, a person described in subparagraph 
     (A).
       (2) The execution, support, or servicing of a purchase or 
     sale described in paragraph (1).
       (3) Any transaction that evades or avoids, has the purpose 
     of evading or avoiding, causes a violation of, or attempts to 
     violate the prohibition under paragraph (1).
       (4) Any conspiracy formed to violate the prohibition under 
     paragraph (1).

     SEC. 1284. EXPANSION OF NON-SPECIALLY DESIGNATED NATIONALS 
                   CHINESE MILITARY-INDUSTRIAL COMPLEX COMPANIES 
                   LIST.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Treasury shall prescribe 
     regulations to expand the Non-Specially Designated Nationals 
     Chinese Military-Industrial Complex Companies List (commonly 
     referred to as the ``NS-CMIC List'') of the Office of Foreign 
     Assets Control to include--
       (1) any entity engaged in supporting the Chinese military-
     industrial complex;
       (2) any entity that is owned or controlled by an entity 
     described in paragraph (1);
       (3) any entity that is formed from a spin-off, merger or 
     acquisition, or sale of a business unit involving an entity 
     described in paragraph (1) or is otherwise a successor to 
     such an entity; and
       (4) any entity that provides financial services for an 
     entity described in paragraph (1), (2), or (3).

     SEC. 1285. CLOSING SANCTIONS LOOPHOLES.

       (a) In General.--If sanctions are imposed with respect to a 
     Chinese entity under any statute or executive order described 
     in subsection (b), sanctions shall be imposed with respect to 
     the Chinese entity under each other applicable statute and 
     executive order described in subsection (b) unless--
       (1) the President waives the imposition of such sanctions; 
     or
       (2) a waiver provided for under such other statute or 
     executive order applies.
       (b) Statutes and Executive Orders Described.--A statute or 
     executive order described in this subsection is a statute or 
     executive order that provides for the imposition of 
     sanctions.
       (c) National Security Waiver.--
       (1) In general.--The President may waive the application of 
     any sanction imposed with respect to any person under 
     subsection (a) if the President determines and certifies to 
     Congress that such a waiver is important to the national 
     security interests of the United States.
       (2) Notification of and report to congress.--If the 
     President decides to exercise the waiver authority provided 
     under paragraph (1), the President shall, not less than 20 
     days before the waiver takes effect, submit to Congress a 
     report--
       (A) notifying Congress of the decision to exercise the 
     waiver authority; and
       (B) fully articulating the rationale and circumstances that 
     led to the decision.
       (d) Termination of Sanctions to Be Reported to Congress.--
     Not later than 20 days after the termination of any sanction 
     under subsection (a), the President shall promptly submit to 
     Congress a report on that termination and the reasons for the 
     termination.
                                 ______
                                 
  SA 5728. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. SEC REPORTING.

       The Securities and Exchange Commission, as part of its 
     evaluation of potential guidance on reporting on 
     environmental, social, and governance matters by publicly 
     traded companies, shall require reporting of--
       (1) sourcing and due diligence activities of such companies 
     involving supply chains of products that are imported into 
     the United States that are directly linked to products 
     utilizing forced labor from Xinjiang, China;
       (2) transactions with companies that have been--
       (A) placed on the Entity List by the Department of 
     Commerce; or
       (B) designated by the Department of the Treasury as Chinese 
     Military-Industrial Complex Companies; and
       (3) with respect to publicly traded United States companies 
     with facilities in China, on an annual basis--
       (A) whether there is a Chinese Communist Party committee in 
     the operations of the company; and

[[Page S5088]]

       (B) a summary of the actions and corporate decisions in 
     which any committee described in subparagraph (A) may have 
     participated.
                                 ______
                                 
  SA 5729. Mr. BLUNT submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title III, add the following:

     SEC. 389. REVIEW BY DEPARTMENT OF THE ARMY OF EXECUTION OF 
                   FOOD SERVICE CONTRACTS.

       (a) Review Required.--
       (1) In general.--The Secretary of the Army shall conduct a 
     review of the practices of the Mission and Installation 
     Contracting Command of the Army in executing existing food 
     service contracts.
       (2) Elements.--The review required by paragraph (1) shall 
     examine the following:
       (A) Whether current food service contract payment practices 
     of the Mission and Installation Contracting Command are 
     consistent with the contractual obligations and policy of 
     such command, including--
       (i) delaying or withholding scheduled contractor payment;
       (ii) making pre-payment deductions from contractor payment;
       (iii) reducing contract payment price if the number of 
     alleged performance defects is within the acceptable quality 
     level stated in the contract; and
       (iv) reducing contractor payment based upon deficiencies 
     without informing the contractor of such deficiencies.
       (B) Whether current inspection practices are consistent 
     with the contractual obligations and policy of such command, 
     including--
       (i) prohibiting a contractor or their representative from 
     accompanying inspectors; and
       (ii) refusing to provide to a contractor copies of 
     inspection reports or results of an inspection.
       (C) The percentage of deductions identified in the 
     inspection process relating to food service contracts that 
     are a direct result of the failure by the Department of the 
     Army to replace or repair food service-related equipment.
       (D) At which installations of the Army the practices 
     specified in clauses (i) through (iv) of subparagraph (A) and 
     clauses (i) and (ii) of subparagraph (B) have taken place 
     since October 1, 2021.
       (b) Report Required.--Not later than September 30, 2023, 
     the Secretary of the Army shall submit to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a report on the findings of the review conducted under 
     subsection (a).
                                 ______
                                 
  SA 5730. Mr. TOOMEY (for himself and Mr. Casey) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title V, add the following:

     SEC. 575. ENHANCED INFORMATION RELATED TO AWARDING OF THE 
                   PURPLE HEART.

       (a) Publication of Award Criteria.--Not later than 180 days 
     after the date of the enactment of this Act, each military 
     service shall ensure that a publicly available website 
     includes a link to--
       (1) a description of the background of the Purple Heart;
       (2) the eligibility criteria for awarding the Purple Heart; 
     and
       (3) contact information for that service's awards and 
     decorations branch liaison to facilitate confirmation by a 
     veteran or a veteran's next of kin whether a veteran has been 
     awarded the Purple Heart after December 31, 2002.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the chief of each military service 
     shall submit to the congressional defense committees a report 
     on implementation of the requirements under subsection (a). 
     The report shall--
       (1) provide background on the publicly accessible website 
     described under subsection (a);
       (2) include the number of requests received by the service 
     related to confirming the award of a Purple Heart;
       (3) describe the average response time for confirming the 
     award of a Purple Heart in response to an inquiry from a 
     veteran or next of kin; and
       (4) include recommendations for decreasing the amount of 
     time taken to respond to such inquiries.
                                 ______
                                 
  SA 5731. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL 
                   MARITIME HERITAGE GRANTS PROGRAM.

       Section 308703 of title 54, United States Code, is 
     amended--
       (1) in subsection (b)(1), by inserting ``subsection (k) 
     and'' after ``amounts for that purpose under'';
       (2) in subsection (c)(1), by inserting ``subsection (k) 
     and'' after ``amounts for that purpose under''; and
       (3) by adding at the end the following:
       ``(k) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $10,000,000 for each of fiscal years 2023 and 2024.''.
                                 ______
                                 
  SA 5732. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 155. SENSE OF THE SENATE ON USE OF TOTAL COST OF 
                   OWNERSHIP MODEL FOR PROCUREMENT OF NONTACTICAL 
                   VEHICLES.

       (a) Findings.--Congress finds the following:
       (1) It is financially prudent for the Department of Defense 
     to procure cost-effective zero-emission vehicles by 
     considering the total cost of ownership (referred to in this 
     section as ``TCO'') of such vehicles.
       (2) A TCO procurement model would account for operating 
     costs of vehicles, including fuel, maintenance, and public 
     health savings.
       (3) Use of a TCO procurement model by the Department of 
     Defense in the procurement of nontactical vehicles would 
     maximize cost savings and bolster energy and national 
     security.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Department of Defense should calculate and consider 
     the TCO when procuring a nontactical vehicle; and
       (2) the Department of Defense, when conducting any action 
     with the Government Services Administration relating to the 
     procurement or requisition of a nontactical vehicle, should--
       (A) work with the Department of Energy to develop a TCO 
     procurement model that uses State-wide, regional, and 
     inventory variables to estimate the cost of converting the 
     nontactical vehicle fleet of the Department of Defense to 
     zero-emission vehicles;
       (B) submit to Congress a report summarizing such 
     procurement or requisition that, at a minimum, identifies--
       (i) types of vehicles by--

       (I) size; and
       (II) fuel source; and

       (ii) the total estimated cost savings and avoided emissions 
     that result or would have resulted from the purchase or lease 
     of a zero-emission vehicle instead of an internal combustion 
     engine vehicle;
       (C) incorporate the TCO procurement model developed under 
     subparagraph (A) into any such procurement or requisition 
     action; and
       (D) authorize any exemptions from use of the TCO 
     procurement model developed under subparagraph (A) as the 
     Secretary of Defense considers appropriate, including by--
       (i) authorizing exemptions for certain categories of 
     vehicles, including emergency vehicles or other nontactical 
     vehicles as determined by the Secretary, when a vehicle type 
     is not available for the needed application;
       (ii) authorizing exemptions upon finding that a zero-
     emission vehicle is not a practicable alternative to an 
     internal combustion engine vehicle for a particular use, or 
     for some other compelling reason; and
       (iii) developing guidance regarding procedures for 
     requesting such exemptions, including the criteria for 
     evaluating such exemption requests, which should be published 
     on the website of the Department of Defense and given a 30-
     day period for public review and comment before the 
     Department adopts or revises such guidance.
                                 ______
                                 
  SA 5733. Mr. KING (for himself, Mr. Rounds, Ms. Rosen, Ms. Hassan, 
and

[[Page S5089]]

Mr. Ossoff) submitted an amendment intended to be proposed to amendment 
SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended 
to be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. INSTITUTE A 5-YEAR TERM FOR THE DIRECTOR OF 
                   CYBERSECURITY AND INFRASTRUCTURE SECURITY.

       (a) In General.--Subsection (b)(1) of section 2202 of the 
     Homeland Security Act of 2002 (6 U.S.C. 652), is amended by 
     inserting ``The term of office of an individual serving as 
     Director shall be 5 years.'' after ``who shall report to the 
     Secretary.''.
       (b) Transition Rules.--The amendment made by subsection (a) 
     shall take effect on the first appointment of an individual 
     to the position of Director of Cybersecurity and 
     Infrastructure Security, by and with the advice and consent 
     of the Senate, that is made on or after the date of enactment 
     of this Act.
                                 ______
                                 
  SA 5734. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle E of title III, add the following:

     SEC. 372. REPORT ON WEAPONS GENERATION FACILITIES OF THE AIR 
                   FORCE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     construction by the Air Force of weapons generation 
     facilities.
       (b) Elements.--The report required by subsection (a) shall 
     include the following elements:
       (1) For installations of the Air Force that do not have a 
     weapons storage area--
       (A) the total number of weapons generation facilities to be 
     constructed at installations assigned to Air Force Global 
     Strike Command and a timeline for starting and completing 
     construction of each such facility, including construction 
     occurring after September 30, 2028; and
       (B) the expected date on which the Air Force expects to 
     begin to store weapons at each such facility.
       (2) For installations assigned to Air Force Global Strike 
     Command that have a weapons storage area--
       (A) the total number of weapons storage areas to be 
     replaced with weapons generation facilities and the estimated 
     date by which each installation will require a weapons 
     generation facility to execute the mission of such command, 
     including dates estimated to be later than September 30, 
     2028;
       (B) a description of the weapons currently stored in each 
     weapons storage area;
       (C) the expected date on which the Air Force expects to 
     store weapons other than those described in subparagraph (B) 
     at--
       (i) an existing weapons storage area; or
       (ii) a weapons generation facility that replaces an 
     existing weapons storage area; and
       (D) a mitigation plan to ensure that a weapons storage area 
     can support the safe and secure storage of weapons other than 
     those described in subparagraph (B) if required to do so 
     prior to the construction of a weapons generation facility.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 5735. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle D of title X, add the following:

     SEC. 1035. INADMISSIBILITY OF MEMBERS OF SIGNIFICANT 
                   TRANSNATIONAL CRIMINAL ORGANIZATIONS.

       (a) Short Title.--This section may be cited as the 
     ``Significant Transnational Criminal Organization Designation 
     Act''.
       (b) In General.--Section 212(a)(2)(F) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(2)(F)) is amended to 
     read as follows:
       ``(F) Membership in a significant transnational criminal 
     organization .--
       ``(i) In general.--Except as provided in clause (ii), any 
     alien who--

       ``(I) is a member of a significant transnational criminal 
     organization; or
       ``(II) is the spouse or child of an alien described in 
     subclause (I),

     is inadmissible.
       ``(ii) Exception.--Clause (i)(II) shall not apply to a 
     spouse or child--

       ``(I) who did not know, or should not reasonably have 
     known, that his or her spouse or parent was a member of a 
     significant transnational criminal organization; or
       ``(II) whom the consular officer or the Attorney General 
     has reasonable grounds to believe has renounced the 
     significant transnational criminal organization to which his 
     or her spouse or parent belongs.''.

       (c) Designation of Significant Transnational Criminal 
     Organizations.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 219A. DESIGNATION OF SIGNIFICANT TRANSNATIONAL 
                   CRIMINAL ORGANIZATIONS.

       ``(a) Designation.--
       ``(1) In general.--The Attorney General is authorized to 
     designate an organization as a significant transnational 
     criminal organization in accordance with this subsection if 
     the Attorney General, after consultation with the Secretary 
     of State, the Secretary of the Treasury, and the Secretary of 
     Homeland Security, determines that--
       ``(A) the organization is a foreign organization;
       ``(B) the organization--
       ``(i) engages in criminal activity that involves or affects 
     commerce in the United States; or
       ``(ii) retains the ability and intent to engage in such 
     criminal activity; and
       ``(C) the criminal activity of the organization threatens 
     the security of United States nationals or the national 
     security of the United States.
       ``(2) Procedure.--
       ``(A) Notice.--
       ``(i) To congressional leaders.--Not later than 7 days 
     before making a designation under this subsection, the 
     Attorney General shall, by classified communication--

       ``(I) notify the Speaker and Minority Leader of the House 
     of Representatives, the President pro tempore, Majority 
     Leader, and Minority Leader of the Senate, and the members of 
     the relevant committees of the House of Representatives and 
     the Senate, in writing, of the intent to designate an 
     organization under this subsection; and
       ``(II) submit the findings made under paragraph (1) with 
     respect to that organization, including the factual basis for 
     such determination.

       ``(ii) Publication in federal register.--The Attorney 
     General shall publish the designation in the Federal Register 
     not later than 76 days after providing the notification under 
     clause (i).
       ``(B) Effect of designation.--A designation under this 
     subsection--
       ``(i) shall take effect upon publication under subparagraph 
     (A)(ii), for purposes of section 212(a)(2)(F) of this Act and 
     section 2339B of title 18, United States Code; and
       ``(ii) shall cease to have effect upon an Act of Congress 
     disapproving such designation.
       ``(C) Freezing of assets.--Upon notification under 
     paragraph (2)(A)(i), the Secretary of the Treasury may 
     require United States financial institutions possessing or 
     controlling any assets of any foreign organization included 
     in the notification to block all financial transactions 
     involving those assets until further directive from either 
     the Secretary of the Treasury, Act of Congress, or order of 
     court.
       ``(3) Record.--
       ``(A) In general.--In making a designation under this 
     subsection, the Attorney General shall create an 
     administrative record.
       ``(B) Classified information.--The Attorney General may 
     consider classified information in making a designation under 
     this subsection. Classified information shall not be subject 
     to disclosure for such time as it remains classified, except 
     that such information may be disclosed to a court ex parte 
     and in camera for purposes of judicial review under 
     subsection (c).
       ``(4) Period of designation.--
       ``(A) In general.--A designation under this subsection 
     shall be effective for all purposes until revoked under 
     paragraph (5) or (6) or set aside pursuant to subsection (c).
       ``(B) Review of designation upon petition.--
       ``(i) In general.--The Attorney General shall review the 
     designation of a significant transnational criminal 
     organization under the procedures set forth in clauses (iii) 
     and (iv) if the designated organization files a petition for 
     revocation within the petition period described in clause 
     (ii).
       ``(ii) Petition period.--For purposes of clause (i)--

       ``(I) if the designated organization has not previously 
     filed a petition for revocation under this subparagraph, the 
     petition period begins 2 years after the date on which the 
     designation was made; or
       ``(II) if the designated organization has previously filed 
     a petition for revocation under this subparagraph, the 
     petition period begins 2 years after the date of the 
     determination made under clause (iv) on that petition.

       ``(iii) Procedures.--Any significant transnational criminal 
     organization that submits a petition for revocation under 
     this

[[Page S5090]]

     subparagraph shall provide evidence in that petition that the 
     relevant circumstances described in paragraph (1) are 
     sufficiently different from the circumstances that were the 
     basis for the designation such that a revocation with respect 
     to the organization is warranted.
       ``(iv) Determination.--

       ``(I) In general.--Not later than 180 days after receiving 
     a petition for revocation submitted under this subparagraph, 
     the Attorney General shall make a determination regarding 
     such petition.
       ``(II) Classified information.--The Attorney General may 
     consider classified information in making a determination in 
     response to a petition for revocation. Classified information 
     shall not be subject to disclosure for such time as it 
     remains classified, except that such information may be 
     disclosed to a court ex parte and in camera for purposes of 
     judicial review under subsection (c).
       ``(III) Publication of determination.--A determination made 
     by the Attorney General under this clause shall be published 
     in the Federal Register.
       ``(IV) Procedures.--Any revocation by the Attorney General 
     shall be made in accordance with paragraph (6).

       ``(C) Other review of designation.--
       ``(i) In general.--If no review is conducted pursuant to 
     subparagraph (B) during the 5-year period beginning on the 
     date on which a designation under this subsection takes 
     effect, the Attorney General shall review the designation of 
     the significant transnational criminal organization in order 
     to determine whether such designation should be revoked 
     pursuant to paragraph (6).
       ``(ii) Procedures.--If a review does not take place 
     pursuant to subparagraph (B) in response to a petition for 
     revocation that is filed in accordance with that 
     subparagraph, then the review shall be conducted pursuant to 
     procedures established by the Attorney General. The results 
     of such review and the applicable procedures shall not be 
     reviewable in any court.
       ``(iii) Publication of results of review.--The Attorney 
     General shall publish any determination made pursuant to this 
     subparagraph in the Federal Register.
       ``(5) Revocation by act of congress.--The Congress, by an 
     Act of Congress, may block or revoke a designation made under 
     paragraph (1).
       ``(6) Revocation based on change in circumstances.--
       ``(A) In general.--The Attorney General--
       ``(i) may revoke a designation made under paragraph (1) at 
     any time; and
       ``(ii) shall revoke a designation upon completion of a 
     review conducted pursuant to subparagraphs (B) and (C) of 
     paragraph (4) if the Attorney General determines that--

       ``(I) the circumstances that were the basis for the 
     designation have changed in such a manner as to warrant 
     revocation; or
       ``(II) the national security of the United States warrants 
     a revocation.

       ``(B) Procedure.--The procedural requirements under 
     paragraphs (2) and (3) shall apply to a revocation under this 
     paragraph. Any revocation shall take effect on the date 
     specified in the revocation or upon publication in the 
     Federal Register if no effective date is specified.
       ``(7) Effect of revocation.--The revocation of a 
     designation under paragraph (5) or (6) shall not affect any 
     action or proceeding based on conduct committed before the 
     effective date of such revocation.
       ``(8) Use of designation in trial or hearing.--If a 
     designation under this subsection has become effective 
     pursuant to paragraph (2)(B), a defendant in a criminal 
     action or an alien in a removal proceeding shall not be 
     permitted to raise any question concerning the validity of 
     the issuance of such designation as a defense or an objection 
     at any trial or hearing.
       ``(b) Amendments to a Designation.--
       ``(1) In general.--The Attorney General may amend a 
     designation under this subsection if the Attorney General 
     discovers that the organization has changed its name, adopted 
     a new alias, dissolved and then reconstituted itself under a 
     different name or names, or merged with another organization.
       ``(2) Procedure.--Amendments made to a designation in 
     accordance with paragraph (1) shall be effective upon 
     publication in the Federal Register. Subparagraphs (B) and 
     (C) of subsection (a)(2) shall apply to an amended 
     designation upon such publication. Paragraphs (2)(A)(i), (4), 
     (5), (6), (7), and (8) of subsection (a) shall apply to an 
     amended designation.
       ``(3) Administrative record.--The administrative record 
     shall be corrected to include the amendments and any 
     additional relevant information that supports such 
     amendments.
       ``(4) Classified information.--The Attorney General may 
     consider classified information in amending a designation in 
     accordance with this subsection. Classified information shall 
     not be subject to disclosure for such time as it remains 
     classified, except that such information may be disclosed to 
     a court ex parte and in camera for purposes of judicial 
     review under subsection (c).
       ``(c) Judicial Review of Designation.--
       ``(1) In general.--Not later than 30 days after publication 
     in the Federal Register of a designation, an amended 
     designation, or a determination in response to a petition for 
     revocation, the designated organization may seek judicial 
     review in the United States Court of Appeals for the District 
     of Columbia Circuit.
       ``(2) Basis of review.--Review under this subsection shall 
     be based solely upon the administrative record, except that 
     the Government may submit, for ex parte and in camera review, 
     classified information used in making the designation, 
     amended designation, or determination in response to a 
     petition for revocation.
       ``(3) Scope of review.--The Court shall hold unlawful and 
     set aside a designation, amended designation, or 
     determination in response to a petition for revocation the 
     court finds to be--
       ``(A) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law;
       ``(B) contrary to constitutional right, power, privilege, 
     or immunity;
       ``(C) in excess of statutory jurisdiction, authority, or 
     limitation, or short of statutory right;
       ``(D) lacking substantial support in the administrative 
     record taken as a whole or in classified information 
     submitted to the court under paragraph (2), or
       ``(E) not in accord with the procedures required by law.
       ``(4) Judicial review invoked.--The pendency of an action 
     for judicial review of a designation, amended designation, or 
     determination in response to a petition for revocation shall 
     not affect the application of this section, unless the court 
     issues a final order setting aside the designation, amended 
     designation, or determination in response to a petition for 
     revocation.''.
       (2) Clerical amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 219 
     the following:

``Sec. 219A. Designation of significant transnational criminal 
              organizations.''.
       (d) Providing Material Support or Resources to Significant 
     Transnational Criminal Organizations.--Section 2339B of title 
     18, United States Code, is amended--
       (1) by inserting ``or a significant transnational criminal 
     organization'' after ``foreign terrorist organization'' each 
     place such term appears;
       (2) in subsection (a)(1), by amending the second sentence 
     to read as follows: ``A person may not be prosecuted for 
     violating this paragraph unless the person has knowledge that 
     the organization referred to in the previous sentence--
       ``(A) is a designated terrorist organization;
       ``(B) is a significant transnational criminal organization;
       ``(C) has engaged or engages in terrorist activity (as 
     defined in section 212(a)(3)(B) of the Immigration and 
     Nationality Act); or
       ``(D) has engaged or engages in terrorism (as defined in 
     section 140(d)(2) of the Foreign Relations Authorization Act, 
     Fiscal Years 1988 and 1989).''; and
       (3) in subsection (g)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) by redesignating paragraph (6) as paragraph (7); and
       (C) by inserting after paragraph (5) the following:
       ``(6) the term `significant transnational criminal 
     organization' means an organization so designated under 
     section 219A of the Immigration and Nationality Act; and''.
                                 ______
                                 
  SA 5736. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle C of title XXVIII, add the 
     following:

     SEC. 2842. LAND CONVEYANCE, LEWES, DELAWARE.

       (a) Conveyance Authorized.--The Secretary of the Army (in 
     this section referred to as the ``Secretary'') may convey, 
     without consideration, to the City of Lewes, Delaware (in 
     this section referred to as the ``City''), all right, title, 
     and interest of the United States in and to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 5.26 acres located at 1137 Savannah Road, 
     Lewes, Delaware 19958, for the purpose of housing a new 
     municipal campus for Lewes City Hall, a police station, and a 
     board of public works.
       (b) Reversionary Interest.--
       (1) In general.--If the Secretary determines at any time 
     that the property conveyed under subsection (a) is not being 
     used in accordance with the purpose of the conveyance 
     specified in such subsection, all right, title, and interest 
     in and to the property, including any improvements thereto, 
     may, at the option of the Secretary, revert to and become the 
     property of the United States, and the United States may have 
     the right of immediate entry onto such property.
       (2) Determination.--A determination by the Secretary under 
     paragraph (1) may be made on the record after an opportunity 
     for a hearing.
       (c) Payment of Costs of Conveyance.--
       (1) Payment authorized.--
       (A) In general.--The Secretary may require the City to 
     cover all costs (except costs for environmental remediation 
     of the property) to be incurred by the Secretary, or to

[[Page S5091]]

     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs for environmental documentation, and any 
     other administrative costs related to the conveyance.
       (B) Refund.--If amounts are collected from the City under 
     subparagraph (A) in advance of the Secretary incurring the 
     actual costs, and the amount collected exceeds the costs 
     actually incurred by the Secretary to carry out the 
     conveyance under subsection (a), the Secretary may refund the 
     excess amount to the City.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under subsection (a) 
     may be credited to the fund or account that was used to cover 
     the costs incurred by the Secretary in carrying out the 
     conveyance, or to an appropriate fund or account currently 
     available to the Secretary for the purposes for which the 
     costs were paid. Amounts so credited may be merged with 
     amounts in such fund or account and may be available for the 
     same purposes, and subject to the same conditions and 
     limitations, as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) may be determined by a survey satisfactory to the 
     Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 5737. Mr. COONS (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO 
                   HONOR JEAN MONNET.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Sponsor.--The term ``Sponsor'' means the Government of 
     France.
       (b) Authorization.--
       (1) In general.--The Sponsor may establish a commemorative 
     work on Federal land in the District of Columbia and its 
     environs to honor the extraordinary contributions of Jean 
     Monnet with respect to--
       (A) restoring peace between European nations; and
       (B) establishing the European Union.
       (2) Compliance with standards for commemorative works.--The 
     establishment of the commemorative work under this section 
     shall be in accordance with chapter 89 of title 40, United 
     States Code (commonly known as the ``Commemorative Works 
     Act'').
       (3) Prohibition on the use of federal funds.--
       (A) In general.--Federal funds may not be used to pay any 
     expense of the establishment or maintenance of the 
     commemorative work under this section.
       (B) Acceptance of contributions and payment of expenses.--
     The Sponsor shall be solely responsible for the acceptance of 
     contributions for, and the payment of the expenses of, the 
     establishment and maintenance of the commemorative work under 
     this section.
       (4) Deposit of excess funds.--
       (A) In general.--If, on payment of all expenses for the 
     establishment of the commemorative work under this section 
     (including the maintenance and preservation amount required 
     by section 8906(b)(1) of title 40, United States Code), there 
     remains a balance of funds received for the establishment of 
     the commemorative work, the Sponsor shall transmit the amount 
     of the balance to the Secretary for deposit in the account 
     provided for in section 8906(b)(3) of that title.
       (B) On expiration of authority.--If, on expiration of the 
     authority for the commemorative work under section 8903(e) of 
     title 40, United States Code, there remains a balance of 
     funds received for the establishment of the commemorative 
     work under this section, the Sponsor shall transmit the 
     amount of the balance to a separate account with the National 
     Park Foundation for memorials, to be available to the 
     Secretary or the Administrator of General Services, as 
     appropriate, in accordance with the process provided in 
     paragraph (4) of section 8906(b) of that title for accounts 
     established under paragraph (2) or (3) of that section.
                                 ______
                                 
  SA 5738. Mr. VAN HOLLEN (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

                       Subtitle __--HBCU RISE Act

     SEC. ___1. SHORT TITLE.

       This subtitle may be cited as the ``HBCU Research, 
     Innovation, Security, and Excellence Act'' or the ``HBCU RISE 
     Act''.

     SEC. ___2. FINDINGS.

       Congress finds the following:
       (1) Historically Black colleges and universities hold a 
     unique position in the efforts of the United States to 
     diversify the science, technology, engineering, and 
     mathematics academic and workforce communities.
       (2) Although our Nation's historically Black colleges and 
     universities make up just 3 percent of the colleges and 
     universities in the United States, historically Black 
     colleges and universities graduate 25 percent of African-
     American students with baccalaureate degrees in the fields of 
     science, technology, engineering, and mathematics.
       (3) Historically Black colleges and universities are the 
     institution of origin for almost 30 percent of Black 
     graduates of science and engineering doctorate programs.
       (4) The health of the Department of Defense and the United 
     States research ecosystem relies on high quality researchers 
     from a diverse talent pool.
       (5) Historically Black colleges and universities have a 
     history of conducting high quality research in unique areas, 
     both providing impactful research outcomes and developing the 
     next generation of the research ecosystem, including by--
       (A) conducting high quality research in unique areas that 
     has enriched the Department of Defense research enterprise 
     and the United States research ecosystem;
       (B) strengthening and diversifying the United States 
     research ecosystem by increasing the number of students who 
     are students of diverse backgrounds from historically Black 
     colleges and universities with undergraduate or graduate 
     degrees in science, technology, engineering, or mathematics; 
     and
       (C) fueling domestic and international collaborations that 
     led to trailblazing discoveries and innovative technologies.
       (6) In 2019, historically Black colleges and universities 
     received $371,000,000, or about 0.8 percent of the 
     $44,500,000,000 in Federal funding to institutions of higher 
     education for research and development. The amount of funding 
     for 2019 is a marked decrease from fiscal year 2018, when 
     historically Black colleges and universities received 
     $400,000,000 in Federal research and development funding (0.9 
     percent of the Federal funding to institutions of higher 
     education for such purposes).
       (7) There are no historically Black colleges and 
     universities designated as very high research activity 
     status, as classified by the Carnegie Classification of 
     Institutions of Higher Education.
       (8) Meaningfully investing in the research capacity of 
     historically Black colleges and universities is an investment 
     in our Nation's future and will help meet accelerating 
     science, technology, engineering, and mathematics workforce 
     demands and safeguard the national security interests of the 
     United States.

     SEC. ___3. PURPOSE.

       The purpose of the program established under this subtitle 
     is to provide additional pathways needed for further 
     increasing capacity at historically Black colleges and 
     universities to achieve and maintain very high research 
     activity status.

     SEC. ___4. DEFINITIONS.

       In this subtitle:
       (1) Eligible institution.--The term ``eligible 
     institution'' means a historically Black college or 
     university that is classified as a high research activity 
     status institution at the time of application for a grant 
     under section 5.
       (2) High research activity status.--The term ``high 
     research activity status'' means R2 status, as classified by 
     the Carnegie Classification of Institutions of Higher 
     Education.
       (3) Historically black college or university.--The term 
     ``historically Black college or university'' has the meaning 
     given the term ``part B institution'' under section 322 of 
     the Higher Education Act of 1965 (20 U.S.C. 1061).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (5) Very high research activity status.--The term ``very 
     high research activity status'' means R1 status, as 
     classified by the Carnegie Classification of Institutions of 
     Higher Education.
       (6) Very high research activity status indicators.--The 
     term ``very high research activity status indicators'' means 
     the categories used by the Carnegie Classification of 
     Institutions of Higher Education to delineate which 
     institutions have very high activity status, including--
       (A) annual expenditures in science and engineering;
       (B) per-capita (faculty member) expenditures in science and 
     engineering;
       (C) annual expenditures in non-science and engineering 
     fields;

[[Page S5092]]

       (D) per-capita (faculty member) expenditures in non-science 
     and engineering fields;
       (E) doctorates awarded in science, technology, engineering, 
     and mathematics fields;
       (F) doctorates awarded in social science fields;
       (G) doctorates awarded in the humanities;
       (H) doctorates awarded in other fields with a research 
     emphasis;
       (I) total number of research staff including postdoctoral 
     researchers;
       (J) other doctorate-holding non-faculty researchers in 
     science and engineering and per-capita (faculty) number of 
     doctorate-level research staff including post-doctoral 
     researchers; and
       (K) other categories utilized to determine classification.

     SEC. ___5. PROGRAM TO INCREASE CAPACITY TOWARD ACHIEVING VERY 
                   HIGH RESEARCH ACTIVITY STATUS AT HISTORICALLY 
                   BLACK COLLEGES OR UNIVERSITIES.

       (a) Program.--
       (1) In general.--The Secretary shall establish and carry 
     out, using funds made available for research activities, a 
     pilot program to increase capacity at high research activity 
     status (R2) historically Black colleges and universities 
     toward achieving very high research activity status (R1) 
     during the grant period.
       (2) Recommendations.--In establishing such a program, the 
     Secretary may consider the recommendations pursuant to 
     section 262 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note) and 
     section 220 of the National Defense Authorization Act for 
     Fiscal Year 2022 (Public Law 117-81).
       (b) Grants Authorized.--The Secretary shall award, on a 
     competitive basis, grants to eligible institutions to carry 
     out the activities under subsection (d)(1).
       (c) Application.--A eligible institution seeking a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require, 
     including a description of--
       (1) nascent research capabilities and research areas of 
     interest to the Department of Defense;
       (2) a plan for increasing the level of research activity 
     toward achieving very high research activity status 
     classification during the grant period, including measurable 
     milestones such as growth in very high research activity 
     status indicators and other relevant factors;
       (3) how such institution will sustain the increased level 
     of research activity after the conclusion of the grant 
     period; and
       (4) how the institution will evaluate and assess progress 
     with respect to the implementation of the plan under 
     paragraph (2).
       (d) Program Components.--
       (1) Use of funds.--An eligible institution that receives a 
     grant under this section shall use the grant funds to support 
     research activities with respect to research areas as 
     determined by the Secretary under paragraph (2), including--
       (A) faculty professional development;
       (B) stipends for undergraduate and graduate students and 
     post-doctoral scholars;
       (C) laboratory equipment and instrumentation;
       (D) recruitment and retention of faculty and graduate 
     students;
       (E) communication and dissemination of products produced 
     during the grant period;
       (F) construction, modernization, rehabilitation, or 
     retrofitting of facilities for research purposes; and
       (G) other activities necessary to build capacity in very 
     high research activity status indicators.
       (2) Strategic areas of scientific research.--The Secretary, 
     in consultation with the Defense Science Board, shall 
     establish and update on an annual basis a list of research 
     areas for which applicants can seek funding.
       (3) Research progress reporting.--Not later than 3 years 
     after receiving a grant under this section, and every 3 years 
     thereafter, an eligible institution shall submit to the 
     Secretary--
       (A) a report that includes an assessment by the 
     institution, using the criteria established under subsection 
     (c)(4), of the progress made by such institution with respect 
     to achieving very high research activity status indicators; 
     and
       (B) an updated plan described in subsection (c)(2).
       (4) Grant period.--A grant awarded under this section shall 
     be for a period of not more than 10 years, as determined by 
     the Secretary.
       (5) Expansion of eligibility.--The Secretary may award 
     grants under this section to historically Black colleges and 
     universities that are not eligible institutions if the 
     Secretary determines that the program can support such 
     colleges and universities while achieving the purpose of the 
     program described in this subtitle.
       (e) Evaluation.--Not later than 5 years after the date of 
     the enactment of this subtitle, the Secretary shall prepare 
     and submit a report to the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives providing an update on the pilot program, 
     including--
       (1) activities carried out under the pilot program;
       (2) an analysis of the growth in very high research 
     activity status indicators of eligible institutions that 
     received a grant under this section; and
       (3) emerging research areas of interest to the Department 
     of Defense conducted by eligible institutions that received a 
     grant under this section.
       (f) Termination.--The authority of the Secretary to award 
     grants under the pilot program established under this section 
     shall terminate 10 years after the date on which the 
     Secretary establishes such program.
       (g) Report to Congress.--Not later than 180 days after the 
     termination of the pilot program under subsection (f), the 
     Secretary shall prepare and submit a report to the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives on the pilot program 
     that includes the following elements:
       (1) An analysis of the growth in very high research 
     activity status indicators of eligible institutions that 
     received a grant under this section.
       (2) An evaluation on the effectiveness of the program in 
     increasing the research capacity of eligible institutions 
     that received a grant under this section.
       (3) A description of how institutions that have achieved 
     very high research activity status plan to sustain that 
     status beyond the duration of the program.
       (4) An evaluation of the maintenance of very high research 
     activity status by eligible institutions that received grant 
     under this section.
       (5) An evaluation of the effectiveness of the program in 
     increasing diversity of students conducting high quality 
     research in unique areas.
       (6) Recommendations with respect to further activities and 
     investments necessary to elevate the research status of 
     historically Black colleges and universities.
       (7) Recommendations on whether the program established 
     should be renewed or expanded.
                                 ______
                                 
  SA 5739. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. __. SUPPORT FOR RESEARCH AND DEVELOPMENT OF 
                   BIOINDUSTRIAL MANUFACTURING PROCESSES.

       (a) Authorization.--Subject to the availability of 
     appropriations, the Secretary of Defense shall provide 
     support to manufacturing innovation institutes for the 
     research and development of innovative bioindustrial 
     manufacturing processes and the development of a network of 
     bioindustrial manufacturing facilities to improve the ability 
     of the industrial base to use such processes for the 
     production of chemicals, materials, and other products 
     necessary to support national security or secure fragile 
     supply chains.
       (b) Form of Support.--The support provided under subsection 
     (a) may consist of--
       (1) the establishment of one or more manufacturing 
     innovation institutes specializing in the research and 
     development of bioindustrial manufacturing processes;
       (2) providing funding to one or more existing manufacturing 
     innovation institutes--
       (A) to support the research and development of 
     bioindustrial manufacturing processes; or
       (B) to otherwise expand the bioindustrial manufacturing 
     capabilities of such institutes;
       (3) the establishment of dedicated facilities within one or 
     more manufacturing innovation institutes to serve as regional 
     hubs for the research, development, and the scaling of 
     bioindustrial manufacturing processes and products to higher 
     levels of production; or
       (4) designating a manufacturing innovation institute to 
     serve as the lead entity responsible for integrating a 
     network of pilot and intermediate scale bioindustrial 
     manufacturing facilities.
       (c) Activities.--A manufacturing innovation institute that 
     receives support under subsection (a) shall carry out 
     activities relating to the research, development, test, and 
     evaluation of innovative bioindustrial manufacturing 
     processes and the scaling of bioindustrial manufacturing 
     products to higher levels of production, which may include--
       (1) research on the use of bioindustrial manufacturing to 
     create materials such as polymers, coatings, resins, 
     commodity chemicals, and other materials with fragile supply 
     chains;
       (2) demonstration projects to evaluate bioindustrial 
     manufacturing processes and technologies;
       (3) activities to scale bioindustrial manufacturing 
     processes and products to higher levels of production;
       (4) strategic planning for infrastructure and equipment 
     investments for bioindustrial manufacturing of defense-
     related materials;
       (5) analyses of bioindustrial manufactured products and 
     validation of the application of biological material used as 
     input to new and

[[Page S5093]]

     existing processes to aid in future investment strategies and 
     the security of critical supply chains;
       (6) the selection, construction, and operation of pilot and 
     intermediate scale bioindustrial manufacturing facilities;
       (7) development and management of a network of facilities 
     to scale production of bioindustrial products;
       (8) activities to address workforce needs in bioindustrial 
     manufacturing;
       (9) establishing an interoperable, secure, digital 
     infrastructure for collaborative data exchange across 
     entities in the bioindustrial manufacturing community, 
     including government agencies, industry, and academia;
       (10) developing and implementing digital tools, process 
     security and assurance capabilities, cybersecurity protocols, 
     and best practices for data storage, sharing and analysis; 
     and
       (11) such other activities as the Secretary of Defense 
     determines appropriate.
       (d) Considerations.--In determining the number, type, and 
     location of manufacturing innovation institutes or facilities 
     to support under subsection (a), the Secretary of Defense 
     shall consider--
       (1) how the institutes or facilities may complement each 
     other by functioning as a together as a network;
       (2) how to geographically distribute support to such 
     institutes or facilities--
       (A) to maximize access to biological material needed as an 
     input to bioindustrial manufacturing processes;
       (B) to leverage available industrial and academic 
     expertise;
       (C) to leverage relevant domestic infrastructure required 
     to secure supply chains for chemicals and other materials; 
     and
       (D) to complement the capabilities of other manufacturing 
     innovation institutes and similar facilities; and
       (3) how the activities supported under this section can be 
     coordinated with relevant activities of other departments and 
     agencies of the Federal Government.
       (e) Plan Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees and the 
     National Security Commission on Emerging Biotechnology a plan 
     for the implementation of this section that includes--
       (A) a description of types, relative sizes, and locations 
     of the manufacturing innovation institutes or facilities the 
     Secretary intends to establish or support under this section;
       (B) a general description of the focus of each institute or 
     facility, including the types of bioindustrial manufacturing 
     equipment, if any, that are expected to be procured for each 
     such institute or facility;
       (C) a general description of how the institutes and 
     facilities will work as a network to maximize the diversity 
     of bioindustrial products available to be produced by the 
     network;
       (D) an explanation of how the network will support the 
     establishment and maintenance of the bioindustrial 
     manufacturing industrial base; and
       (E) an explanation of how the Secretary intends to ensure 
     that bioindustrial manufacturing activities conducted under 
     this section are modernized digitally, including through--
       (i) the use of a data automation to represent processes and 
     products as models and simulations; and
       (ii) the implementation of measures to address 
     cybersecurity and process assurance concerns.
       (2) Briefings.--Not later than 180 days after the date of 
     the submittal of the plan under paragraph (1), and biannually 
     thereafter for five years, the Secretary of Defense shall 
     provide to the appropriate congressional committees a 
     briefing on the progress toward the implementation of the 
     plan.
       (f) Definitions.--In this section:
       (1) The term ``appropriate congressional committees'' 
     means--
       (A) the congressional defense committees;
       (B) the Committee on Agriculture, Nutrition, and Forestry 
     and the Committee on Commerce, Science, and Transportation of 
     the Senate; and
       (C) the Committee on Agriculture and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives.
       (2) The term ``bioindustrial manufacturing'' means the use 
     of living organisms, cells, tissues, enzymes, or cell-free 
     systems to produce materials and products for non-
     pharmaceutical applications.
       (3) The term ``manufacturing innovation institute'' means a 
     Manufacturing USA institute (as described in section 34(d) of 
     the National Institute of Standards and Technology Act (15 
     U.S.C. 278s(d))) that is funded by the Department of Defense.
                                 ______
                                 
  SA 5740. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle B of title XXXI, add the following:

     SEC. 3118. DESIGNATION OF NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION AS TECHNICAL NUCLEAR FORENSICS 
                   LEAD.

       Section 3211(b) of the National Nuclear Security 
     Administration Act (50 U.S.C. 2401(b)) is amended by adding 
     at the end the following new paragraph:
       ``(7) To lead the technical nuclear forensics efforts of 
     the United States.''.
                                 ______
                                 
  SA 5741. Mr. PADILLA (for himself, Mr. Cramer, and Mrs. Feinstein) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE 
                   TO TRANSFER EXCESS AIRCRAFT TO OTHER 
                   DEPARTMENTS OF THE FEDERAL GOVERNMENT AND 
                   AUTHORITY TO TRANSFER EXCESS AIRCRAFT TO 
                   STATES.

       Section 1091 of the National Defense Authorization Act for 
     Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is 
     amended--
       (1) in the section heading, by inserting ``and to states'' 
     after ``federal government'';
       (2) in subsection (a), in the first sentence, by striking 
     ``and the Secretary of Homeland Security for use by the 
     Forest Service and the United States Coast Guard'' and 
     inserting ``for use by the Forest Service, to the Secretary 
     of Homeland Security for use by the United States Coast 
     Guard, and to the Governor of a State'';
       (3) in subsection (b)--
       (A) in paragraph (1), by striking ``or the United States 
     Coast Guard as a suitable platform to carry out their 
     respective missions'' and inserting ``, the United States 
     Coast Guard, or the Governor of a State, as the case may be, 
     as a suitable platform to carry out wildfire suppression, 
     search and rescue, or emergency operations pertaining to 
     wildfires'';
       (B) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (C) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following new paragraph:
       ``(5) in the case of aircraft to be transferred to the 
     Governor of a State, acceptable for use by the State, as 
     determined by the Governor.'';
       (4) by striking subsection (c);
       (5) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``up to seven''; and
       (ii) by inserting ``the Governor of a State or to'' after 
     ``offered to''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Expiration of right of refusal.--A right of refusal 
     afforded the Secretary of Agriculture or the Secretary of 
     Homeland Security under paragraph (1) with regards to an 
     aircraft shall expire upon official notice of such Secretary 
     to the Secretary of Defense that such Secretary declines such 
     aircraft.'';
       (6) in subsection (e)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``or to the Governor of a State'' after ``the Secretary of 
     Agriculture'';
       (B) in paragraph (1), by striking ``wildfire suppression 
     purposes'' and inserting ``purposes of wildfire suppression, 
     search and rescue, or emergency operations pertaining to 
     wildfires''; and
       (C) in paragraph (2)--
       (i) by inserting ``, search and rescue, emergency 
     operations pertaining to wildfires,'' after ``efforts''; and
       (ii) by inserting ``or Governor of the State, as the case 
     may be,'' after ``Secretary of Agriculture'';
       (7) in subsection (f), by striking ``or the Secretary of 
     Homeland Security'' and inserting ``, the Secretary of 
     Homeland Security, or the Governor of a State'';
       (8) in subsection (g), by striking ``and the Secretary of 
     Homeland Security'' and inserting ``, the Secretary of 
     Homeland Security, or the Governor of the State to which such 
     aircraft is transferred'';
       (9) by adding at the end the following new subsection:
       ``(h) Reporting.--Not later than December 1, 2022, and 
     annually thereafter, the Secretary of Defense shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report on aircraft transferred, during 
     the fiscal year preceding the date of such report, to--
       ``(1) the Secretary of Agriculture, the Secretary of 
     Homeland Security, or the Governor of a State under this 
     section;
       ``(2) the chief executive officer of a State under section 
     112 of the National Defense Authorization Act for Fiscal Year 
     2012 (Public Law 112-81; 125 Stat. 1318); or
       ``(3) the Secretary of the Air Force or the Secretary of 
     Agriculture under section 1098 of the National Defense 
     Authorization Act

[[Page S5094]]

     for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 881).''; 
     and
       (10) by redesignating subsections (d) through (h) as 
     subsections (c) through (g), respectively.
                                 ______
                                 
  SA 5742. Mr. PADILLA (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 10__. LAND HELD IN TRUST FOR THE KARUK TRIBE.

       (a) Findings.--Congress finds that--
       (1) the Katimiin and Ameekyaaraam land is located in the 
     ancestral territory of the Karuk Tribe; and
       (2) the Karuk Tribe has historically used, and has an 
     ongoing relationship with, the Katimiin and Ameekyaaraam 
     land.
       (b) Definitions.--In this section:
       (1) Katimiin and ameekyaaraam land.--The term ``Katimiin 
     and Ameekyaaraam land'' means the approximately 1,031 acres 
     of Federal land, including improvements and appurtenances to 
     the Federal land, located in Siskiyou County, California, and 
     Humboldt County, California, and generally depicted as 
     ``Proposed Area'' on the map of the Forest Service entitled 
     ``Katimiin Area Boundary Proposal'' and dated August 9, 2021.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (c) Administrative Transfer.--Administrative jurisdiction 
     of the Katimiin and Ameekyaaraam land is hereby transferred 
     from the Secretary of Agriculture to the Secretary, subject 
     to the condition that the Chief of the Forest Service shall 
     continue to manage the component of the National Wild and 
     Scenic Rivers System that flows through the Katimiin and 
     Ameekyaaraam land.
       (d) Land Held in Trust.--The Katimiin and Ameekyaaraam land 
     is hereby taken into trust by the Secretary for the benefit 
     of the Karuk Tribe, subject to--
       (1) valid existing rights, contracts, and management 
     agreements relating to easements and rights-of-way; and
       (2) continued access by the Chief of the Forest Service for 
     the purpose of managing the component of the National Wild 
     and Scenic Rivers System that flows through the Katimiin and 
     Ameekyaaraam land.
       (e) Survey.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     provide to the Secretary a complete survey of the land taken 
     into trust under subsection (d).
       (f) Use of Land.--
       (1) In general.--Land taken into trust under subsection (d) 
     may be used for traditional and customary uses for the 
     benefit of the Karuk Tribe.
       (2) Gaming.--Class II and class III gaming under the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be 
     allowed on the land taken into trust under subsection (d).
       (g) Wild and Scenic Rivers Management.--
       (1) In general.--Nothing in this section affects the status 
     or administration of any component of the National Wild and 
     Scenic Rivers System, including any component that flows 
     through the land taken into trust under subsection (d).
       (2) Memorandum of understanding.--The Secretary of 
     Agriculture shall enter into a memorandum of understanding 
     with the Karuk Tribe, consistent with the obligations of the 
     Secretary of Agriculture under subsection (c), to establish 
     mutual goals for the protection and enhancement of the river 
     values of any component of the National Wild and Scenic 
     Rivers System that flows through the land taken into trust 
     under subsection (d).
                                 ______
                                 
  SA 5743. Mr. PADILLA (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 10__. LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE 
                   AGUA CALIENTE BAND OF CAHUILLA INDIANS.

       (a) In General.--The approximately 2,560 acres of land 
     owned by the Agua Caliente Band of Cahuilla Indians generally 
     depicted as ``Lands to be Taken into Trust'' on the map 
     entitled ``Agua Caliente Band of Cahuilla Indians Land to be 
     Taken into Trust'' and dated November 17, 2021, is hereby 
     taken into trust by the United States for the benefit of the 
     Agua Caliente Band of Cahuilla Indians.
       (b) Administration.--Land taken into trust by subsection 
     (a) shall be--
       (1) part of the reservation of the Agua Caliente Band of 
     Cahuilla Indians; and
       (2) administered in accordance with the laws and 
     regulations generally applicable to property held in trust by 
     the United States for the benefit of an Indian Tribe.
       (c) Gaming Prohibited.--Land taken into trust by subsection 
     (a) shall not be eligible for gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.).
                                 ______
                                 
  SA 5744. Mr. DURBIN (for himself and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.

       Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``and paragraph (3)'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (D) in paragraph (4), as redesignated, by striking 
     ``paragraph (4)'' and inserting ``paragraph (3)''; and
       (2) in subsection (d), by striking ``, except with respect 
     to allegations described in subsection (b)(3),''.
                                 ______
                                 
  SA 5745. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 6833, to amend title XXVII of the Public Health 
Service Act, the Internal Revenue Code of 1986, and the Employee 
Retirement Income Security Act of 1974 to establish requirements with 
respect to cost-sharing for certain insulin products, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Continuing Appropriations 
     and Ukraine Supplemental Appropriations Act, 2023''.

     SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
Sec. 4. Payment to Widows and Heirs of Deceased Members of Congress.

            DIVISION A--CONTINUING APPROPRIATIONS ACT, 2023

       DIVISION B--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023

                       DIVISION C--OTHER MATTERS

Title I--Extensions, Technical Corrections, and Other Matters
Title II--Budgetary Effects

            DIVISION D--HEALTH AND HUMAN SERVICES EXTENSIONS

Title I--Medicare and Medicaid
Title II--Human Services
Title III--Public Health
Title IV--Indian Health

                DIVISION E--VETERANS AFFAIRS EXTENSIONS

Title I--Extensions of authorities relating to health care
Title II--Extensions of authorities relating to benefits
Title III--Extensions of authorities relating to homeless veterans
Title IV--Extensions of other authorities

          DIVISION F--FDA USER FEE REAUTHORIZATION ACT OF 2022

       DIVISION G--HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE ACT

     SEC. 3. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

     SEC. 4. PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF 
                   CONGRESS.

       There is hereby appropriated for fiscal year 2023, out of 
     any money in the Treasury not otherwise appropriated, for 
     payment to Dean Swihart, beneficiary of Jacqueline Walorski-
     Swihart, late a Representative from the State of Indiana, 
     $174,000.

            DIVISION A--CONTINUING APPROPRIATIONS ACT, 2023

        The following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for fiscal year 
     2023, and for other purposes, namely:

[[Page S5095]]

       Sec. 101.  Such amounts as may be necessary, at a rate for 
     operations as provided in the applicable appropriations Acts 
     for fiscal year 2022 and under the authority and conditions 
     provided in such Acts, for continuing projects or activities 
     (including the costs of direct loans and loan guarantees) 
     that are not otherwise specifically provided for in this Act, 
     that were conducted in fiscal year 2022, and for which 
     appropriations, funds, or other authority were made available 
     in the following appropriations Acts:
       (1) The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2022 
     (division A of Public Law 117-103), except section 783, and 
     except that section 785 shall be applied by substituting 
     ``$125,000,000'' for ``$250,000,000''.
       (2) The Commerce, Justice, Science, and Related Agencies 
     Appropriations Act, 2022 (division B of Public Law 117-103), 
     except section 521(c)(1).
       (3) The Department of Defense Appropriations Act, 2022 
     (division C of Public Law 117-103).
       (4) The Energy and Water Development and Related Agencies 
     Appropriations Act, 2022 (division D of Public Law 117-103).
       (5) The Financial Services and General Government 
     Appropriations Act, 2022 (division E of Public Law 117-103), 
     except the matter under the heading ``Postal Regulatory 
     Commission'' in title V.
       (6) The Department of Homeland Security Appropriations Act, 
     2022 (division F of Public Law 117-103), except sections 544 
     and 545, and including title II of division O of Public Law 
     117-103.
       (7) The Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2022 (division G of 
     Public Law 117-103).
       (8) The Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act, 2022 
     (division H of Public Law 117-103), and section 162 of 
     division A of Public Law 117-43.
       (9) The Legislative Branch Appropriations Act, 2022 
     (division I of Public Law 117-103), and section 6 in the 
     matter preceding division A of Public Law 117-103.
       (10) The Military Construction, Veterans Affairs, and 
     Related Agencies Appropriations Act, 2022 (division J of 
     Public Law 117-103).
       (11) The Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2022 (division K of 
     Public Law 117-103), except the first proviso of section 
     7069(e).
       (12) The Transportation, Housing and Urban Development, and 
     Related Agencies Appropriations Act, 2022 (division L of 
     Public Law 117-103).
       Sec. 102. (a) No appropriation or funds made available or 
     authority granted pursuant to section 101 for the Department 
     of Defense shall be used for:
       (1) the new production of items not funded for production 
     in fiscal year 2022 or prior years;
       (2) the increase in production rates above those sustained 
     with fiscal year 2022 funds; or
       (3) the initiation, resumption, or continuation of any 
     project, activity, operation, or organization (defined as any 
     project, subproject, activity, budget activity, program 
     element, and subprogram within a program element, and for any 
     investment items defined as a P-1 line item in a budget 
     activity within an appropriation account and an R-1 line item 
     that includes a program element and subprogram element within 
     an appropriation account) for which appropriations, funds, or 
     other authority were not available during fiscal year 2022.
       (b) No appropriation or funds made available or authority 
     granted pursuant to section 101 for the Department of Defense 
     shall be used to initiate multi-year procurements utilizing 
     advance procurement funding for economic order quantity 
     procurement unless specifically appropriated later.
       Sec. 103.  Appropriations made by section 101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 104.  Except as otherwise provided in section 102, no 
     appropriation or funds made available or authority granted 
     pursuant to section 101 shall be used to initiate or resume 
     any project or activity for which appropriations, funds, or 
     other authority were not available during fiscal year 2022.
       Sec. 105.  Appropriations made and authority granted 
     pursuant to this Act shall cover all obligations or 
     expenditures incurred for any project or activity during the 
     period for which funds or authority for such project or 
     activity are available under this Act.
       Sec. 106.  Unless otherwise provided for in this Act or in 
     the applicable appropriations Act for fiscal year 2023, 
     appropriations and funds made available and authority granted 
     pursuant to this Act shall be available until whichever of 
     the following first occurs:
       (1) The enactment into law of an appropriation for any 
     project or activity provided for in this Act.
       (2) The enactment into law of the applicable appropriations 
     Act for fiscal year 2023 without any provision for such 
     project or activity.
       (3) December 16, 2022.
       Sec. 107.  Expenditures made pursuant to this Act shall be 
     charged to the applicable appropriation, fund, or 
     authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.
       Sec. 108.  Appropriations made and funds made available by 
     or authority granted pursuant to this Act may be used without 
     regard to the time limitations for submission and approval of 
     apportionments set forth in section 1513 of title 31, United 
     States Code, but nothing in this Act may be construed to 
     waive any other provision of law governing the apportionment 
     of funds.
       Sec. 109.  Notwithstanding any other provision of this Act, 
     except section 106, for those programs that would otherwise 
     have high initial rates of operation or complete distribution 
     of appropriations at the beginning of fiscal year 2023 
     because of distributions of funding to States, foreign 
     countries, grantees, or others, such high initial rates of 
     operation or complete distribution shall not be made, and no 
     grants shall be awarded for such programs funded by this Act 
     that would impinge on final funding prerogatives.
       Sec. 110.  This Act shall be implemented so that only the 
     most limited funding action of that permitted in the Act 
     shall be taken in order to provide for continuation of 
     projects and activities.
       Sec. 111. (a) For entitlements and other mandatory payments 
     whose budget authority was provided in appropriations Acts 
     for fiscal year 2022, and for activities under the Food and 
     Nutrition Act of 2008, activities shall be continued at the 
     rate to maintain program levels under current law, under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2022, to be continued 
     through the date specified in section 106(3).
       (b) Notwithstanding section 106, obligations for mandatory 
     payments due on or about the first day of any month that 
     begins after October 2022 but not later than 30 days after 
     the date specified in section 106(3) may continue to be made, 
     and funds shall be available for such payments.
       Sec. 112.  Amounts made available under section 101 for 
     civilian personnel compensation and benefits in each 
     department and agency may be apportioned up to the rate for 
     operations necessary to avoid furloughs within such 
     department or agency, consistent with the applicable 
     appropriations Act for fiscal year 2022, except that such 
     authority provided under this section shall not be used until 
     after the department or agency has taken all necessary 
     actions to reduce or defer non-personnel-related 
     administrative expenses.
       Sec. 113.  Funds appropriated by this Act may be obligated 
     and expended notwithstanding section 10 of Public Law 91-672 
     (22 U.S.C. 2412), section 15 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (22 U.S.C. 6212), and section 504(a)(1) of the National 
     Security Act of 1947 (50 U.S.C. 3094(a)(1)).
       Sec. 114.  Each amount incorporated by reference in this 
     Act that was previously designated by the Congress as an 
     emergency requirement pursuant to sections 4001(a)(1) and 
     4001(b) of S. Con. Res. 14 (117th Congress), the concurrent 
     resolution on the budget for fiscal year 2022, or as being 
     for disaster relief pursuant to section 4005(f) of such 
     concurrent resolution, is designated as being an emergency 
     requirement pursuant to section 4001(a)(1) of such concurrent 
     resolution and section 1(e) of H. Res. 1151 (117th Congress), 
     as engrossed in the House of Representatives on June 8, 2022, 
     or as being for disaster relief pursuant to section 1(f) of 
     such House resolution, respectively.
       Sec. 115. (a) Rescissions or cancellations of discretionary 
     budget authority that continue pursuant to section 101 in 
     Treasury Appropriations Fund Symbols (TAFS)--
       (1) to which other appropriations are not provided by this 
     Act, but for which there is a current applicable TAFS that 
     does receive an appropriation in this Act; or
       (2) which are no-year TAFS and receive other appropriations 
     in this Act,
     may be continued instead by reducing the rate for operations 
     otherwise provided by section 101 for such current applicable 
     TAFS, as long as doing so does not impinge on the final 
     funding prerogatives of the Congress.
       (b) Rescissions or cancellations described in subsection 
     (a) shall continue in an amount equal to the lesser of--
       (1) the amount specified for rescission or cancellation in 
     the applicable appropriations Act referenced in section 101 
     of this Act; or
       (2) the amount of balances available, as of October 1, 
     2022, from the funds specified for rescission or cancellation 
     in the applicable appropriations Act referenced in section 
     101 of this Act.
       (c) No later than November 21, 2022, the Director of the 
     Office of Management and Budget shall provide to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a comprehensive list of the rescissions or 
     cancellations that will continue pursuant to section 101:  
     Provided, That the information in such comprehensive list 
     shall be periodically updated to reflect any subsequent 
     changes in the amount of balances available, as of October 1, 
     2022, from the funds specified for rescission or cancellation 
     in the applicable appropriations Act referenced in section 
     101, and such updates shall be transmitted to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate upon request.
       Sec. 116.  Amounts made available by section 101 for ``Farm 
     Service Agency--Agricultural Credit Insurance Fund Program 
     Account'' may be apportioned up to the rate for

[[Page S5096]]

     operations necessary to accommodate approved applications for 
     direct and guaranteed farm ownership loans, as authorized by 
     7 U.S.C. 1922 et seq.
       Sec. 117.  Amounts made available by section 101 to the 
     Department of Agriculture for ``Rural Business--Cooperative 
     Service--Rural Microentrepreneur Assistance Program'' may be 
     used for the costs of loans, including the cost of modifying 
     such loans, as defined in section 502 of the Congressional 
     Budget Act of 1974, under the same terms and conditions as 
     authorized by section 379E of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2008s).
       Sec. 118.  Section 260 of the Agricultural Marketing Act of 
     1946 (7 U.S.C. 1636i) and section 942 of the Livestock 
     Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public 
     Law 106-78) shall be applied by substituting the date 
     specified in section 106(3) of this Act for ``September 30, 
     2022''.
       Sec. 119.  Amounts made available by section 101 to the 
     Department of Commerce for ``Economic Development 
     Administration--Salaries and Expenses'' may be apportioned up 
     to the rate for operations necessary to maintain agency 
     operations.
       Sec. 120.  Amounts made available by section 101 for 
     ``Department of Commerce--National Telecommunications and 
     Information Administration--Salaries and Expenses'' may be 
     apportioned up to the rate for operations necessary to ensure 
     continued oversight of public safety communications programs.
       Sec. 121.  In addition to amounts otherwise provided by 
     section 101, for ``Department of Justice--Federal Bureau of 
     Investigation--Salaries and Expenses'', there is appropriated 
     $15,300,000, for an additional amount for fiscal year 2023, 
     to remain available until September 30, 2023, for 
     investigative activities associated with Afghan resettlement 
     operations:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the 
     concurrent resolution on the budget for fiscal year 2022, and 
     section 1(e) of H. Res. 1151 (117th Congress), as engrossed 
     in the House of Representatives on June 8, 2022.
       Sec. 122. (a) Notwithstanding sections 101 and 106, through 
     September 30, 2023, the Secretary of Defense may transfer up 
     to $3,000,000,000 from unobligated balances from amounts made 
     available under the heading ``Department of Defense--
     Operation and Maintenance--Overseas Humanitarian, Disaster, 
     and Civic Aid'' in division C of Public Law 117-43 and 
     division B of Public Law 117-70 to any appropriation account 
     under the headings ``Department of State and Related Agency--
     Department of State--Administration of Foreign Affairs'', 
     ``Bilateral Economic Assistance--Department of State--
     Migration and Refugee Assistance'', and ``Bilateral Economic 
     Assistance--Department of State--United States Emergency 
     Refugee and Migration Assistance Fund'' for support of 
     Operation Allies Welcome or any successor operation:  
     Provided, That upon transfer, such funds shall be merged with 
     the appropriation to which such funds are transferred except 
     that such funds may be made available for such purposes 
     notwithstanding any requirement or limitation applicable to 
     the appropriation to which transferred, including sections 
     2(c)(1) and 2(c)(2) of the Migration and Refugee Assistance 
     Act of 1962 with respect to the United States Emergency 
     Refugee and Migration Assistance Fund and in sections 4(a) 
     and 4(b) of the State Department Basic Authorities Act of 
     1956 with respect to funds transferred to the Emergencies in 
     the Diplomatic and Consular Service account:  Provided 
     further, That section 2215 of title 10, United States Code, 
     shall not apply to a transfer of funds under this subsection: 
      Provided further, That the exercise of the authority of this 
     subsection shall be subject to prior consultation with, and 
     the regular notification procedures of, the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided further, That any funds transferred 
     pursuant to this subsection that were previously designated 
     by the Congress as an emergency requirement pursuant to the 
     concurrent resolution on the budget are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the 
     concurrent resolution on the budget for fiscal year 2022, and 
     section 1(e) of H. Res. 1151 (117th Congress), as engrossed 
     in the House of Representatives on June 8, 2022.
       (b) Not later than November 1, 2022 and prior to any 
     transfer of funds pursuant to subsection (a), the Director of 
     the Office of Management and Budget shall provide to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a written report on Operation Allies Welcome 
     or any successor operation:  Provided, That such report shall 
     describe the number and status of Afghans residing at 
     Department of Defense and Department of State-managed 
     facilities and any anticipated future arrivals at such 
     facilities; the strategy and plan, including timeline, for 
     adjudicating and relocating all Afghans residing at 
     Department of Defense or overseas civilian facilities and for 
     the transition of operations and responsibilities under 
     Operation Allies Welcome or any successor operation from the 
     Department of Defense to the Department of State during 
     fiscal year 2023; the activities and responsibilities 
     assigned to each Federal agency involved in such strategy and 
     plan; and a spend plan, containing an estimate of the costs, 
     including additional construction and security costs, to be 
     incurred by each such agency for carrying out such strategy 
     and plan, and the sources of funds:  Provided further, That 
     prior to the initial obligation of funds transferred to the 
     Department of State pursuant to subsection (a), the Secretary 
     of State shall submit a report to such Committees detailing 
     the roles and responsibilities of Department of State bureaus 
     and offices in Operation Allies Welcome or any successor 
     operation.
       Sec. 123.  During the period covered by this Act, section 
     714(b)(2)(B) of title 10, United States Code, shall be 
     applied by substituting ``three years'' for ``two years''.
       Sec. 124. (a) Of the remaining unobligated balances, as of 
     September 30, 2022, from amounts provided under the heading 
     ``Afghanistan Security Forces Fund'' in title IX of division 
     C of Public Law 116-260, $100,000,000 is hereby permanently 
     rescinded, and in addition to amounts otherwise provided by 
     section 101, an amount of additional new budget authority 
     equivalent to the amount rescinded pursuant to this 
     subsection is hereby appropriated on September 30, 2022, for 
     an additional amount for fiscal year 2022, to remain 
     available until September 30, 2025, for the same purposes and 
     under the same authorities provided under such heading in 
     Public Law 116-260, in addition to other funds as may be 
     available for such purposes.
       (b)(1) Subject to paragraph (2), this section shall become 
     effective immediately upon enactment of this Act.
       (2) If this Act is enacted after September 30, 2022, this 
     section shall be applied as if it were in effect on September 
     30, 2022.
       Sec. 125.  In addition to amounts otherwise provided by 
     section 101, for ``Corps of Engineers--Civil--Construction'', 
     there is appropriated $20,000,000, for an additional amount 
     for fiscal year 2023, to remain available until expended, for 
     necessary expenses related to water and wastewater 
     infrastructure under section 219 of the Water Resources 
     Development Act of 1992 (106 Stat. 4835):  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 4001(a)(1) of S. 
     Con. Res. 14 (117th Congress), the concurrent resolution on 
     the budget for fiscal year 2022, and section 1(e) of H. Res. 
     1151 (117th Congress), as engrossed in the House of 
     Representatives on June 8, 2022.
       Sec. 126. (a) During the period covered by this Act, title 
     I of Public Law 108-361 (the Calfed Bay-Delta Authorization 
     Act) (118 Stat. 1681), as amended by section 204 of division 
     D of Public Law 117-103, shall be applied by substituting 
     ``2023'' for ``2022'' each place it appears.
       (b) During the period covered by this Act, section 
     103(f)(4)(A) of title I of Public Law 108-361 (the Calfed 
     Bay-Delta Authorization Act) (118 Stat. 1696) shall be 
     applied by substituting ``$25,650,000'' for ``$25,000,000''.
       Sec. 127. (a) During the period covered by this Act, 
     section 9106(g)(2) of Public Law 111-11 (Omnibus Public Land 
     Management Act of 2009) shall be applied by substituting 
     ``2023'' for ``2022''.
       (b) During the period covered by this Act, section 104(c) 
     of the Reclamation States Emergency Drought Relief Act of 
     1991 (43 U.S.C. 2214(c)) shall be applied by substituting 
     ``2023'' for ``2022''.
       (c) During the period covered by this Act, section 301 of 
     the Reclamation States Emergency Drought Relief Act of 1991 
     (43 U.S.C. 2241) shall be applied by substituting ``2023'' 
     for ``2022''.
       Sec. 128.  In addition to amounts otherwise provided by 
     section 101, amounts are provided for ``Department of the 
     Treasury--Alcohol and Tobacco Tax and Trade Bureau--Salaries 
     and Expenses'' at a rate for operations of $14,929,000, for 
     an additional amount to administer the Craft Beverage 
     Modernization Act import claims program, as required by the 
     Taxpayer Certainty and Disaster Tax Relief Act of 2020, and 
     such amounts may be apportioned up to the rate for operations 
     necessary to establish and implement a new import claims 
     program.
       Sec. 129.  Notwithstanding section 101, title II of 
     division E of Public Law 117-103 shall be applied by adding 
     the following new heading and appropriation language under 
     the heading ``Executive Office of the President and Funds 
     Appropriated to the President'':

                ``Office of the National Cyber Director

                        ``salaries and expenses

       ``For necessary expenses of the Office of the National 
     Cyber Director, as authorized by section 1752 of the William 
     M. (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283), $21,000,000, of which 
     not to exceed $5,000 shall be available for official 
     reception and representation expenses.''.
       Sec. 130.  Notwithstanding section 101, amounts are 
     provided for ``The Judiciary--Courts of Appeals, District 
     Courts, and Other Judicial Services--Fees of Jurors and 
     Commissioners'' at a rate for operations of $59,565,000.
       Sec. 131.  In addition to amounts otherwise provided by 
     section 101, for ``The Judiciary--Courts of Appeals, District 
     Courts, and Other Judicial Services--Court Security'', there 
     is appropriated $112,500,000, for an additional amount for 
     fiscal year 2023, to remain available until expended, for 
     security improvements at United States courthouses and 
     Federal court facilities:  Provided, That not later than 90 
     days after the date of enactment of this Act, and every 90 
     days thereafter until all funds provided by this section have 
     been expended, the Director of the Administrative Office of 
     the United States Courts shall provide, in an appropriate 
     format, quarterly reports on the obligations and expenditures 
     of

[[Page S5097]]

     the funds provided under this section to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), 
     the concurrent resolution on the budget for fiscal year 2022, 
     and section 1(e) of H. Res. 1151 (117th Congress), as 
     engrossed in the House of Representatives on June 8, 2022.
       Sec. 132.  Notwithstanding any other provision of this Act, 
     except section 106, the District of Columbia may expend local 
     funds made available under the heading ``District of 
     Columbia--District of Columbia Funds'' for such programs and 
     activities under the District of Columbia Appropriations Act, 
     2022 (title IV of division E of Public Law 117-103) at the 
     rate set forth in the Fiscal Year 2023 Local Budget Act of 
     2022 (D.C. Act 24-486), as modified as of the date of 
     enactment of this Act.
       Sec. 133.  In addition to amounts otherwise provided by 
     section 101, amounts are provided for ``Small Business 
     Administration--Salaries and Expenses'' at a rate for 
     operations of $20,000,000, for an additional amount for costs 
     associated with the establishment and implementation of a 
     Government-wide service-disabled veteran-owned small business 
     certification program within the Small Business 
     Administration, as required by section 36 of the Small 
     Business Act (15 U.S.C. 657f) and section 862 of Public Law 
     116-283:  Provided, That such amounts may be apportioned up 
     to the rate for operations necessary to establish and 
     implement such certification program:  Provided further, That 
     such amounts may be obligated in the account and budget 
     structure set forth in H.R. 8294, as passed by the House of 
     Representatives on July 20, 2022.
       Sec. 134.  Amounts made available by section 101 for 
     ``Small Business Administration--Business Loans Program 
     Account'' may be apportioned up to the rate for operations 
     necessary to accommodate increased demand for commitments for 
     general business loans authorized under paragraphs (1) 
     through (35) of section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)), for guarantees of trust certificates 
     authorized by section 5(g) of the Small Business Act (15 
     U.S.C. 634(g)), for commitments to guarantee loans under 
     section 503 of the Small Business Investment Act of 1958 (15 
     U.S.C. 697), and for commitments to guarantee loans for 
     debentures under section 303(b) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 683(b)).
       Sec. 135.  Amounts made available by section 101 to the 
     Department of Homeland Security under the heading ``Federal 
     Emergency Management Agency--Disaster Relief Fund'' may be 
     apportioned up to the rate for operations necessary to carry 
     out response and recovery activities under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       Sec. 136.  Notwithstanding sections 101, 104, and 106, to 
     carry out the Hermit's Peak/Calf Canyon Fire Assistance Act, 
     there is appropriated $2,500,000,000, to remain available 
     until expended, to the Department of Homeland Security for 
     ``Federal Emergency Management Agency--Hermit's Peak/Calf 
     Canyon Fire Assistance Account'', which shall be derived by 
     transfer from amounts made available under the heading 
     ``Federal Emergency Management Agency--Disaster Relief Fund'' 
     in title VI of division B of the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136), of which 
     $1,000,000 shall be transferred to ``Office of the Inspector 
     General--Operations and Support'' for oversight of activities 
     authorized by the Hermit's Peak/Calf Canyon Fire Assistance 
     Act:  Provided, That no amounts may be derived from amounts 
     made available for major disasters declared pursuant to the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.):  Provided further, That amounts 
     provided by this section shall be subject to the same 
     authorities and conditions as if such amounts were provided 
     by title III of the Department of Homeland Security 
     Appropriations Act, 2022 (division F of Public Law 117-103):  
     Provided further, That not later than 90 days after the date 
     of enactment of this Act, and every 90 days thereafter until 
     all funds provided by this section have been expended, the 
     Administrator of the Federal Emergency Management Agency 
     shall provide, in an appropriate format, quarterly reports to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives on the obligations and expenditures of the 
     funds made available by this section:  Provided further, That 
     amounts transferred by this section that were previously 
     designated by the Congress as an emergency requirement 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 or a concurrent resolution on the budget are 
     designated as an emergency requirement pursuant to section 
     4001(a)(1) of S. Con. Res. 14 (117th Congress), the 
     concurrent resolution on the budget for fiscal year 2022, and 
     section 1(e) of H. Res. 1151 (117th Congress), as engrossed 
     in the House of Representatives on June 8, 2022.
       Sec. 137.  Section 708(b)(13) of the Homeland Security Act 
     of 2002 (6 U.S.C. 348(b)(13)) shall be applied by 
     substituting the date specified in section 106(3) of this Act 
     for ``September 30, 2022''.
       Sec. 138.  During the period covered by this Act, section 
     822(a) of the Homeland Security Act of 2002 (6 U.S.C. 383(a)) 
     shall be applied by substituting ``2023'' for ``2022''.
       Sec. 139. (a) Sections 1309(a) and 1319 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) 
     shall be applied by substituting the date specified in 
     section 106(3) of this Act for ``September 30, 2022''.
       (b)(1) Subject to paragraph (2), this section shall become 
     effective immediately upon enactment of this Act.
       (2) If this Act is enacted after September 30, 2022, this 
     section shall be applied as if it were in effect on September 
     30, 2022.
       Sec. 140.  Section 880(g) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328) 
     shall be applied by substituting the date specified in 
     section 106(3) of this Act for ``September 30, 2022''.
       Sec. 141.  Section 210G(i) of the Homeland Security Act of 
     2002 (6 U.S.C. 124n(i)) shall be applied by substituting the 
     date specified in section 106(3) of this Act for ``the date 
     that is 4 years after the date of enactment of this 
     section''.
       Sec. 142.  Amounts made available by section 101 for 
     ``Department of the Interior--National Park Service--National 
     Recreation and Preservation'' for heritage partnership 
     programs may be used to provide financial assistance to any 
     national heritage area, national heritage corridor, cultural 
     heritage corridor, national heritage partnership, national 
     heritage route, national heritage canalway, and battlefields 
     national historic district established as of September 1, 
     2022, notwithstanding any statutory sunset provision 
     terminating the Secretary's authority to provide assistance 
     to any such area and notwithstanding any limitation on 
     amounts authorized to be appropriated with respect to any 
     such area.
       Sec. 143.  Amounts made available by section 101 to the 
     Department of the Interior under the heading ``Working 
     Capital Fund'' may be apportioned up to the rate for 
     operations necessary to implement enterprise cybersecurity 
     safeguards.
       Sec. 144. (a) In addition to amounts otherwise provided by 
     section 101, amounts are provided for ``Department of Health 
     and Human Services--Indian Health Service--Indian Health 
     Services'' at a rate for operations of $16,721,000, for an 
     additional amount for costs of staffing and operating 
     facilities that were opened, renovated, or expanded in fiscal 
     years 2022 and 2023, and such amounts may be apportioned up 
     to the rate for operations necessary to staff and operate 
     such facilities.
       (b) In addition to amounts otherwise provided by section 
     101, amounts are provided for ``Department of Health and 
     Human Services--Indian Health Service--Indian Health 
     Facilities'' at a rate for operations of $1,201,000, for an 
     additional amount for costs of staffing and operating 
     facilities that were opened, renovated, or expanded in fiscal 
     years 2022 and 2023, and such amounts may be apportioned up 
     to the rate for operations necessary to staff and operate 
     such facilities.
       Sec. 145.  In addition to amounts otherwise provided by 
     section 101, for ``Department of Health and Human Services--
     Substance Abuse and Mental Health Services Administration--
     Mental Health'', there is appropriated $62,000,000, for an 
     additional amount for fiscal year 2023, to remain available 
     until September 30, 2023, for carrying out 988 Suicide 
     Lifeline activities and behavioral health crisis services.
       Sec. 146.  In addition to amounts otherwise provided by 
     section 101, for ``Department of Health and Human Services--
     Administration for Children and Families--Low Income Home 
     Energy Assistance'', there is appropriated $1,000,000,000, 
     for an additional amount for fiscal year 2023, to remain 
     available until September 30, 2023, for making payments under 
     subsection (b) of section 2602 of the Low-Income Home Energy 
     Assistance Act of 1981 (42 U.S.C. 8621 et seq.):  Provided, 
     That of the funds made available by this section, 
     $500,000,000 shall be allocated as though the total 
     appropriation for such payments for fiscal year 2023 was less 
     than $1,975,000,000:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 
     (117th Congress), the concurrent resolution on the budget for 
     fiscal year 2022, and section 1(e) of H. Res. 1151 (117th 
     Congress), as engrossed in the House of Representatives on 
     June 8, 2022.
       Sec. 147.  In addition to amounts otherwise provided by 
     section 101, for ``Department of Health and Human Services--
     Administration for Children and Families--Refugee and Entrant 
     Assistance'', there is appropriated $1,775,000,000, for an 
     additional amount for fiscal year 2023, to remain available 
     until September 30, 2025, to carry out section 462 of the 
     Homeland Security Act of 2002 and section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008, and for refugee and entrant assistance 
     activities authorized by section 414 of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 
     (117th Congress), the concurrent resolution on the budget for 
     fiscal year 2022, and section 1(e) of H. Res. 1151 (117th 
     Congress), as engrossed in the House of Representatives on 
     June 8, 2022.
       Sec. 148.  Notwithstanding section 101, the first paragraph 
     under the heading ``Social Security Administration--
     Limitation on Administrative Expenses'' in title IV of 
     division H of Public Law 117-103 shall be applied by 
     substituting ``$13,602,945,000'' for ``$13,202,945,000''.
       Sec. 149. (a) During the period covered by this Act, 
     subsection (a)(1)(A) of section 2502 of the Afghanistan 
     Supplemental Appropriations Act, 2022 (division C of Public 
     Law 117-

[[Page S5098]]

     43) shall be applied by substituting the date specified in 
     section 106(3) for ``September 30, 2022''.
       (b) The amount provided by this section is designated as an 
     emergency requirement pursuant to section 4001(a)(1) of S. 
     Con. Res. 14 (117th Congress), the concurrent resolution on 
     the budget for fiscal year 2022, and section 1(e) of H. Res. 
     1151 (117th Congress), as engrossed in the House of 
     Representatives on June 8, 2022.
       Sec. 150.  Activities authorized by part A of title IV 
     (other than under section 403(c) or 418) and section 1108(b) 
     of the Social Security Act shall continue through the date 
     specified in section 106(3), in the manner authorized for 
     fiscal year 2022, and out of any money in the Treasury of the 
     United States not otherwise appropriated, there are hereby 
     appropriated such sums as may be necessary for such purpose.
       Sec. 151.  Notwithstanding section 101, section 126 of 
     division J of Public Law 117-103 shall be applied during the 
     period covered by this Act by substituting ``fiscal year 2017 
     and fiscal year 2018'' for ``fiscal year 2017''.
       Sec. 152.  Notwithstanding section 101, amounts are 
     provided for--
       (1) ``Department of State and Related Agency--Department of 
     State--Administration of Foreign Affairs--Diplomatic 
     Programs'' at a rate for operations of $9,228,789,000;
       (2) ``Bilateral Economic Assistance--Funds Appropriated to 
     the President--International Disaster Assistance'' at a rate 
     for operations of $4,555,460,000;
       (3) ``Bilateral Economic Assistance--Funds Appropriated to 
     the President--Transition Initiatives'' at a rate for 
     operations of $100,000,000;
       (4) ``Bilateral Economic Assistance--Funds Appropriated to 
     the President--Assistance for Europe, Eurasia and Central 
     Asia'' at a rate for operations of $850,000,000;
       (5) ``Bilateral Economic Assistance--Department of State--
     Migration and Refugee Assistance'' at a rate for operations 
     of $3,562,188,000;
       (6) ``International Security Assistance--Department of 
     State--International Narcotics Control and Law Enforcement'' 
     at a rate for operations of $1,421,004,000; and
       (7) ``International Security Assistance--Funds Appropriated 
     to the President--Foreign Military Financing Program'' at a 
     rate for operations of $6,190,424,000.
       Sec. 153.  During the period covered by this Act, section 
     579 of the Multifamily Assisted Housing Reform and 
     Affordability Act of 1997 (42 U.S.C. 1437f note) shall be 
     applied by substituting ``2023'' for ``2022'' each place it 
     appears.
       Sec. 154.  Amounts made available by section 101 to the 
     Department of Housing and Urban Development for ``Public and 
     Indian Housing--Native Hawaiian Housing Loan Guarantee Fund 
     Program Account'' may be apportioned up to the rate for 
     operations necessary to accommodate demand for commitments to 
     guarantee loans as authorized by section 184A of the Housing 
     and Community Development Act of 1992 (12 U.S.C. 1715z-13b).
       Sec. 155.  In addition to amounts otherwise provided by 
     section 101, for ``Department of Housing and Urban 
     Development--Community Planning and Development--Community 
     Development Fund'', there is appropriated $2,000,000,000, for 
     an additional amount for fiscal year 2023, to remain 
     available until expended, for the same purposes and under the 
     same terms and conditions as funds appropriated under such 
     heading in title VIII of the Disaster Relief Supplemental 
     Appropriations Act, 2022 (division B of Public Law 117-43), 
     except that such amounts shall be for major disasters that 
     occurred in 2021 or 2022 and the fourth, twentieth, and 
     twenty-first provisos under such heading in such Act shall 
     not apply:  Provided, That amounts made available under this 
     section and under such heading in such Act may be used by a 
     grantee to assist utilities as part of a disaster-related 
     eligible activity under section 105(a) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5305(a)):  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the 
     concurrent resolution on the budget for fiscal year 2022, and 
     section 1(e) of H. Res. 1151 (117th Congress), as engrossed 
     in the House of Representatives on June 8, 2022.
       Sec. 156.  Notwithstanding section 106 of this Act, at any 
     time during fiscal year 2023, the Secretary of Housing and 
     Urban Development may transfer up to $1,300,000 in 
     unobligated balances from amounts made available in prior 
     Acts under the heading ``Housing Programs--Project-Based 
     Rental Assistance'' to Treasury Appropriation Fund Symbol 86 
     X 0148 for the liquidation of obligations incurred in fiscal 
     year 2018 in connection with the continued provision of 
     interest reduction payments authorized under section 236 of 
     the National Housing Act (12 U.S.C. 1715z-1).
       Sec. 157. (a) The remaining unobligated balances, as of 
     September 30, 2022, from amounts made available for 
     ``Department of Transportation--Office of the Secretary--
     National Infrastructure Investments'' in title I of division 
     H of the Further Consolidated Appropriations Act, 2020 
     (Public Law 116-94) are hereby permanently rescinded, and in 
     addition to amounts otherwise provided by section 101, an 
     amount of additional new budget authority equivalent to the 
     amount rescinded pursuant to this subsection is hereby 
     appropriated on September 30, 2022, for an additional amount 
     for fiscal year 2022, to remain available until September 30, 
     2023, and shall be available, without additional competition, 
     for completing the funding of awards made pursuant to the 
     fiscal year 2020 national infrastructure investments program, 
     in addition to other funds as may be available for such 
     purposes.
       (b) The remaining unobligated balances, as of September 30, 
     2022, from amounts made available to the Department of 
     Transportation in section 105 of division L of the 
     Consolidated Appropriations Act, 2021 (Public Law 116-260) 
     are hereby permanently rescinded, and in addition to amounts 
     otherwise provided by section 101, an amount of additional 
     new budget authority equivalent to the amount rescinded 
     pursuant to this subsection is hereby appropriated on 
     September 30, 2022, for an additional amount for fiscal year 
     2022, to remain available until September 30, 2023, and shall 
     be available, without additional competition, for completing 
     the funding of awards made pursuant to the fiscal year 2019 
     national infrastructure investments program, in addition to 
     other funds as may be available for such purposes.
       (c)(1) Subject to paragraph (2), this section shall become 
     effective immediately upon enactment of this Act.
       (2) If this Act is enacted after September 30, 2022, this 
     section shall be applied as if it were in effect on September 
     30, 2022.
        This division may be cited as the ``Continuing 
     Appropriations Act, 2023''.

       DIVISION B--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023

        The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2023, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                           Military Personnel

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $110,107,000, to remain available until September 30, 2023, 
     to respond to the situation in Ukraine and for related 
     expenses.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $462,000, to remain available until September 30, 2023, to 
     respond to the situation in Ukraine and for related expenses.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $600,000, to remain available until September 30, 
     2023, to respond to the situation in Ukraine and for related 
     expenses.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $11,582,000, to remain available until September 30, 
     2023, to respond to the situation in Ukraine and for related 
     expenses.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $654,696,000, to remain available until September 30, 
     2023, to respond to the situation in Ukraine and for related 
     expenses.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $433,035,000, to remain available until September 30, 
     2023, to respond to the situation in Ukraine and for related 
     expenses.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $34,984,000, to remain available until 
     September 30, 2023, to respond to the situation in Ukraine 
     and for related expenses.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $267,084,000, to remain available until 
     September 30, 2023, to respond to the situation in Ukraine 
     and for related expenses.

                 Operation and Maintenance, Space Force

       For an additional amount for ``Operation and Maintenance, 
     Space Force'', $1,771,000, to remain available until 
     September 30, 2023, to respond to the situation in Ukraine 
     and for related expenses.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $4,713,544,000, to remain available until 
     September 30, 2023, to respond to the situation in Ukraine 
     and for related expenses:  Provided, That of the total amount 
     provided under this heading in this Act, $3,000,000,000, to 
     remain available until September 30, 2024, shall be for the 
     Ukraine Security Assistance Initiative:  Provided further, 
     That such funds for the Ukraine Security Assistance 
     Initiative shall be available to the Secretary of Defense 
     under the same terms and conditions as are provided for in 
     section 8139 of the Department of Defense Appropriations Act, 
     2022 (division C of Public Law 117-103):  Provided further, 
     That of the total amount provided under this heading in this 
     Act, up to $1,500,000,000, to remain available until 
     September 30, 2024, may be transferred to accounts under the 
     headings ``Operation and Maintenance'' and ``Procurement'' 
     for replacement of defense articles from the

[[Page S5099]]

     stocks of the Department of Defense, and for reimbursement 
     for defense services of the Department of Defense and 
     military education and training, provided to the government 
     of Ukraine or to foreign countries that have provided support 
     to Ukraine at the request of the United States:  Provided 
     further, That funds transferred pursuant to a transfer 
     authority provided under this heading in this Act shall be 
     merged with and available for the same purposes and for the 
     same time period as the appropriations to which the funds are 
     transferred:  Provided further, That the Secretary of Defense 
     shall notify the congressional defense committees of the 
     details of such transfers not less than 15 days before any 
     such transfer:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back and merged with 
     this appropriation:  Provided further, That the transfer 
     authority provided under this heading in this Act is in 
     addition to any other transfer authority provided by law.

                              PROCUREMENT

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $450,000,000, to remain available until September 30, 2025, 
     to respond to the situation in Ukraine and for related 
     expenses.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $540,000,000, to remain available until September 30, 
     2025, for expansion of public and private plants, including 
     the land necessary therefor, and procurement and installation 
     of equipment, appliances, and machine tools in such plants, 
     for the purpose of increasing production of critical 
     munitions to replace defense articles provided to the 
     Government of Ukraine or foreign countries that have provided 
     support to Ukraine at the request of the United States.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $3,890,000, to remain available until September 30, 2025, to 
     respond to the situation in Ukraine and for related expenses.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $2,170,000, to remain available until September 30, 2025, to 
     respond to the situation in Ukraine and for related expenses.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $437,991,000, to remain available until September 
     30, 2025, to respond to the situation in Ukraine and for 
     other expenses.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $9,770,000, to remain available until September 30, 2025, to 
     respond to the situation in Ukraine and for related expenses.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $3,300,000, to remain available until 
     September 30, 2024, to respond to the situation in Ukraine 
     and for related expenses.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $2,077,000, to remain available until 
     September 30, 2024, to respond to the situation in Ukraine 
     and for related expenses.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $99,704,000, to remain available 
     until September 30, 2024, to respond to the situation in 
     Ukraine and for related expenses.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $31,230,000, to remain 
     available until September 30, 2024, to respond to the 
     situation in Ukraine and for related expenses.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2023, to carry out reviews of the activities of the 
     Department of Defense to execute funds appropriated in this 
     title, including assistance provided to Ukraine:  Provided, 
     That the Inspector General of the Department of Defense shall 
     provide to the congressional defense committees a briefing 
     not later than 90 days after the date of enactment of this 
     Act.

                            RELATED AGENCIES

               Intelligence Community Management Account

       For an additional amount for ``Intelligence Community 
     Management Account'', $500,000, to remain available until 
     September 30, 2023, to respond to the situation in Ukraine 
     and for related expenses.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1101.  Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit a 
     report to the Committees on Appropriations, Armed Services, 
     and Foreign Affairs of the House of Representatives and the 
     Committees on Appropriations, Armed Services, and Foreign 
     Relations of the Senate on measures being taken to account 
     for United States defense articles designated for Ukraine 
     since the February 24, 2022, Russian invasion of Ukraine, 
     particularly measures with regard to such articles that 
     require enhanced end-use monitoring; measures to ensure that 
     such articles reach their intended recipients and are used 
     for their intended purposes; and any other measures to 
     promote accountability for the use of such articles:  
     Provided, That such report shall include a description of any 
     occurrences of articles not reaching their intended 
     recipients or used for their intended purposes and a 
     description of any remedies taken:  Provided further, That 
     such report shall be submitted in unclassified form, but may 
     be accompanied by a classified annex.
       Sec. 1102.  Not later than 30 days after the date of 
     enactment of this Act, and every 30 days thereafter through 
     fiscal year 2023, the Secretary of Defense, in coordination 
     with the Secretary of State, shall provide a written report 
     to the Committees on Appropriations, Armed Services, and 
     Foreign Affairs of the House of Representatives and the 
     Committees on Appropriations, Armed Services, and Foreign 
     Relations of the Senate describing United States security 
     assistance provided to Ukraine since the February 24, 2022, 
     Russian invasion of Ukraine, including a comprehensive list 
     of the defense articles and services provided to Ukraine and 
     the associated authority and funding used to provide such 
     articles and services:  Provided, That such report shall be 
     submitted in unclassified form, but may be accompanied by a 
     classified annex.

                                TITLE II

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                    Defense Nuclear Nonproliferation

       For an additional amount for ``Defense Nuclear 
     Nonproliferation'', $35,000,000, to remain available until 
     expended, to respond to the situation in Ukraine and for 
     related expenses.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                         economic support fund

       For an additional amount for ``Economic Support Fund'', 
     $4,500,000,000, to remain available until September 30, 2024, 
     for assistance for Ukraine:  Provided, That funds 
     appropriated under this heading in this Act may be made 
     available notwithstanding any other provision of law that 
     restricts assistance to foreign countries and may be made 
     available as contributions.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1301.  During fiscal year 2023, section 506(a)(1) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) 
     shall be applied by substituting ``$3,700,000,000'' for 
     ``$100,000,000''.
       Sec. 1302. (a) Funds appropriated by this title shall be 
     made available for direct financial support for the 
     Government of Ukraine, including for Ukrainian first 
     responders, and may be made available as a cash transfer 
     subject to the requirements of subsection (b):  Provided, 
     That such funds shall be provided on a reimbursable basis and 
     matched by sources other than the United States Government, 
     to the maximum extent practicable:  Provided further, That 
     the Secretary of State or the Administrator of the United 
     States Agency for International Development, as appropriate, 
     shall ensure third-party monitoring of such funds:  Provided 
     further, That at least 15 days prior to the initial 
     obligation of such funds, the Secretary of State, following 
     consultation with the Administrator of the United States 
     Agency for International Development, shall certify and 
     report to the appropriate congressional committees that 
     mechanisms for monitoring and oversight of such funds are in 
     place and functioning and that the Government of Ukraine has 
     in place substantial safeguards to prevent corruption and 
     ensure accountability of such funds:  Provided further, That 
     not less than 45 days after the initial obligation of such 
     funds, the Inspectors General of the Department of State and 
     the United States Agency for International Development shall 
     submit a report to the appropriate congressional committees 
     detailing and assessing the mechanisms for monitoring and 
     safeguards described in the previous proviso.
       (b) Funds made available to the Government of Ukraine as a 
     cash transfer under subsection (a) shall be subject to a 
     memorandum of understanding between the Governments of the 
     United States and Ukraine that describes how the funds 
     proposed to be made available will be used and the 
     appropriate safeguards to ensure transparency and 
     accountability:  Provided, That such assistance shall be 
     maintained in a separate, auditable account and may not be 
     comingled with any other funds.
       (c) The Secretary of State or the Administrator of the 
     United States Agency for International Development, as 
     appropriate, shall report to the appropriate congressional 
     committees on the uses of funds provided for direct financial 
     support to the Government of Ukraine pursuant to subsection 
     (a) not later than 45 days after the date of enactment of 
     this Act and every 45 days thereafter until

[[Page S5100]]

     all such funds have been expended:  Provided, That such 
     report shall include a detailed description of the use of 
     such funds, including categories and amounts, the intended 
     results and the results achieved, a summary of other donor 
     contributions, and a description of the efforts undertaken by 
     the Secretary and Administrator to increase other donor 
     contributions for direct financial support:  Provided 
     further, That such report shall also include the metrics 
     established to measure such results.
       (d) Funds made available for the purposes of subsection (a) 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations of the House of 
     Representatives and the Senate.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 1401.  Each amount appropriated or made available by 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 1402.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 1403.  Unless otherwise provided for by this Act, the 
     additional amounts appropriated by this Act to appropriations 
     accounts shall be available under the authorities and 
     conditions applicable to such appropriations accounts for 
     fiscal year 2023.
       Sec. 1404.  Each amount provided by this division is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 
     (117th Congress), the concurrent resolution on the budget for 
     fiscal year 2022, and section 1(e) of H. Res. 1151 (117th 
     Congress), as engrossed in the House of Representatives on 
     June 8, 2022.
        This division may be cited as the ``Ukraine Supplemental 
     Appropriations Act, 2023''.

                       DIVISION C--OTHER MATTERS

     TITLE I--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS

     SEC. 101. EXTENSION OF FCC AUCTION AUTHORITY.

       Section 309(j)(11) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(11)) is amended by striking ``September 30, 
     2022'' and inserting ``December 16, 2022''.

     SEC. 102. EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT 
                   FOR DOMESTIC TRAFFICKING VICTIMS' FUND.

       Section 3014(a) of title 18, United States Code, is 
     amended, in the matter preceding paragraph (1), by striking 
     ``September 30, 2022'' and inserting ``December 16, 2022''.

     SEC. 103. UNITED STATES PAROLE COMMISSION EXTENSION.

       (a) Short Title.--This section may be cited as the ``United 
     States Parole Commission Extension Act of 2022''.
       (b) Amendment of Sentencing Reform Act of 1984.--For 
     purposes of section 235(b) of the Sentencing Reform Act of 
     1984 (18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), 
     as such section relates to chapter 311 of title 18, United 
     States Code, and the United States Parole Commission, each 
     reference in such section to ``35 years'' or ``35-year 
     period'' shall be deemed a reference to ``35 years and 46 
     days'' or ``35-year and 46-day period'', respectively.

     SEC. 104. EXTENSION OF COMMODITY FUTURES TRADING COMMISSION 
                   CUSTOMER PROTECTION FUND EXPENSES ACCOUNT.

       Section 1(b) of Public Law 117-25 (135 Stat. 297) is 
     amended by striking ``October 1, 2022'' each place it appears 
     and inserting ``December 16, 2022''.

                      TITLE II--BUDGETARY EFFECTS

     SEC. 201. BUDGETARY EFFECTS.

       (a) Statutory PAYGO Scorecards.--The budgetary effects of 
     this division and each succeeding division shall not be 
     entered on either PAYGO scorecard maintained pursuant to 
     section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
       (b) Senate PAYGO Scorecards.--The budgetary effects of this 
     division and each succeeding division shall not be entered on 
     any PAYGO scorecard maintained for purposes of section 4106 
     of H. Con. Res. 71 (115th Congress).
       (c) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the budgetary effects of this division and each 
     succeeding division shall not be estimated--
       (1) for purposes of section 251 of such Act;
       (2) for purposes of an allocation to the Committee on 
     Appropriations pursuant to section 302(a) of the 
     Congressional Budget Act of 1974; and
       (3) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay-As-You-Go Act of 2010 as being included in an 
     appropriation Act.

            DIVISION D--HEALTH AND HUMAN SERVICES EXTENSIONS

                     TITLE I--MEDICARE AND MEDICAID

     SEC. 101. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT 
                   ADJUSTMENT FOR CERTAIN LOW-VOLUME HOSPITALS.

       (a) In General.--Section 1886(d)(12) of the Social Security 
     Act (42 U.S.C. 1395ww(d)(12)) is amended--
       (1) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``in fiscal year 2023 and subsequent fiscal 
     years'' and inserting ``during the portion of fiscal year 
     2023 beginning on December 17, 2022, and ending on September 
     30, 2023, and in fiscal year 2024 and subsequent fiscal 
     years'';
       (2) in subparagraph (C)(i)--
       (A) in the matter preceding subclause (I)--
       (i) by inserting ``or portion of a fiscal year'' after 
     ``for a fiscal year''; and
       (ii) by inserting ``and the portion of fiscal year 2023 
     beginning on October 1, 2022, and ending on December 16, 
     2022'' after ``through 2022'';
       (B) in subclause (III), by inserting ``and the portion of 
     fiscal year 2023 beginning on October 1, 2022, and ending on 
     December 16, 2022'' after ``through 2022''; and
       (C) in subclause (IV), by striking ``fiscal year 2023'' and 
     inserting ``the portion of fiscal year 2023 beginning on 
     December 17, 2022, and ending on September 30, 2023, and 
     fiscal year 2024''; and
       (3) in subparagraph (D)--
       (A) in the matter preceding clause (i), by inserting ``or 
     during the portion of fiscal year 2023 beginning on October 
     1, 2022, and ending on December 16, 2022'' after ``through 
     2022''; and
       (B) in clause (ii), by inserting ``and the portion of 
     fiscal year 2023 beginning on October 1, 2022, and ending on 
     December 16, 2022'' after ``through 2022''.
       (b) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the provisions of, including the amendments made by, this 
     section by program instruction or otherwise.

     SEC. 102. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) 
                   PROGRAM.

       (a) In General.--Section 1886(d)(5)(G) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended--
       (1) in clause (i), by striking ``October 1, 2022'' and 
     inserting ``December 17, 2022''; and
       (2) in clause (ii)(II), by striking ``October 1, 2022'' and 
     inserting ``December 17, 2022''.
       (b) Conforming Amendments.--
       (1) Extension of target amount.--Section 1886(b)(3)(D) of 
     the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is 
     amended--
       (A) in the matter preceding clause (i), by striking 
     ``October 1, 2022'' and inserting ``December 17, 2022''; and
       (B) in clause (iv), by inserting ``and the portion of 
     fiscal year 2023 beginning on October 1, 2022, and ending on 
     December 16, 2022,'' after ``through fiscal year 2022''.
       (2) Permitting hospitals to decline reclassification.--
     Section 13501(e)(2) of the Omnibus Budget Reconciliation Act 
     of 1993 (42 U.S.C. 1395ww note) is amended by striking ``or 
     fiscal year 2000 through fiscal year 2022,'' and inserting 
     ``fiscal year 2000 through fiscal year 2022, or the portion 
     of fiscal year 2023 beginning on October 1, 2022, and ending 
     on December 16, 2022''.

     SEC. 103. EXTENSION OF INCREASED FMAPS FOR THE TERRITORIES.

       Section 1905(ff) of the Social Security Act (42 U.S.C. 
     1396d(ff)) is amended by striking ``December 13'' each place 
     it appears and inserting ``December 16'' in each such place.

     SEC. 104. REDUCTION OF MEDICARE IMPROVEMENT FUND.

       Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
     1395iii(b)(1)) is amended by striking ``$7,500,000,000'' and 
     inserting ``$7,308,000,000''.

                        TITLE II--HUMAN SERVICES

     SEC. 201. EXTENSION OF MATERNAL, INFANT, AND EARLY CHILDHOOD 
                   HOME VISITING PROGRAMS.

       Activities authorized by section 511 of the Social Security 
     Act shall continue through December 16, 2022, in the manner 
     authorized for fiscal year 2022, and out of any money in the 
     Treasury of the United States not otherwise appropriated, 
     there is hereby appropriated for such purpose an amount equal 
     to the pro rata portion of the amount appropriated for such 
     activities for fiscal year 2022.

     SEC. 202. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.

       Activities authorized by part B of title IV of the Social 
     Security Act shall continue through December 16, 2022, in the 
     manner authorized for fiscal year 2022, and out of any money 
     in the Treasury of the United States not otherwise 
     appropriated, there are hereby appropriated such sums as may 
     be necessary for such purpose.

                        TITLE III--PUBLIC HEALTH

     SEC. 301. EXTENSION OF THE PROGRAM TO DEEM CERTAIN HEALTH 
                   PROFESSIONAL VOLUNTEERS EMPLOYEES OF THE PUBLIC 
                   HEALTH SERVICE UNDER CERTAIN CIRCUMSTANCES.

       (a) In General.--Section 224(q) of the Public Health 
     Service Act (42 U.S.C. 233(q)) is amended by striking 
     paragraph (6).
       (b) Technical Corrections.--Section 224 of the Public 
     Health Service Act (42 U.S.C. 233) is amended--
       (1) in subsection (g)(1)(H)(iv), by striking ``this 
     section.'' and inserting ``this section).'';
       (2) in subsection (k)(3), by inserting ``governing board 
     members,'' after ``officers,'';
       (3) in subsection (p)(7)(A)(i), by moving the margin of 
     subclause (II) 2 ems to the left; and
       (4) in subsection (q)(5)(A), by striking ``and paragraph 
     (6)''.

     SEC. 302. EXTENSION OF AUTHORIZATION FOR A COMMISSIONED 
                   OFFICER OF THE PUBLIC HEALTH SERVICE TO 
                   ACCUMULATE EXCESS ANNUAL LEAVE.

       For purposes of annual leave accumulated in fiscal year 
     2022, the authority provided in section 2106 of division C of 
     Public Law 116-

[[Page S5101]]

     159 (42 U.S.C. 210-1 note) shall apply to such leave by 
     substituting ``2022'' for ``2020'' in subsections (a) and 
     (d)(2).

                        TITLE IV--INDIAN HEALTH

     SEC. 401. EXTENSION OF MORATORIUM.

       Section 424(a) of title IV of division G of Public Law 113-
     76 is amended by striking ``October 1, 2019'' and inserting 
     ``December 16, 2022''.

                DIVISION E--VETERANS AFFAIRS EXTENSIONS

       TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE

     SEC. 101. EXTENSION OF AUTHORITY FOR COLLECTION OF COPAYMENTS 
                   FOR HOSPITAL CARE AND NURSING HOME CARE.

       Section 1710(f)(2)(B) of title 38, United States Code, is 
     amended by striking ``September 30, 2022'' and inserting 
     ``September 30, 2024''.

     SEC. 102. EXTENSION OF REQUIREMENT TO PROVIDE NURSING HOME 
                   CARE TO CERTAIN VETERANS WITH SERVICE-CONNECTED 
                   DISABILITIES.

       Section 1710A(d) of title 38, United States Code, is 
     amended by striking ``September 30, 2022'' and inserting 
     ``September 30, 2024''.

     SEC. 103. EXTENSION OF AUTHORITY TO CONTINUE DOD-VA HEALTH 
                   CARE SHARING INCENTIVE FUND.

       Section 8111(d)(3) of title 38, United States Code, is 
     amended by striking ``September 30, 2023'' and inserting 
     ``September 30, 2026''.

     SEC. 104. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF 
                   DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                   FACILITY DEMONSTRATION FUND.

       Section 1704(e) of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), as 
     most recently amended by section 715 of the National Defense 
     Authorization Act for Fiscal Year 2022 (Public Law 117-81; 
     135 Stat. 1787), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2024''.

     SEC. 105. EXTENSION OF TEMPORARY EXPANSION OF PAYMENTS AND 
                   ALLOWANCES FOR BENEFICIARY TRAVEL IN CONNECTION 
                   WITH VETERANS RECEIVING CARE FROM VET CENTERS.

       Section 104(a) of the Honoring America's Veterans and 
     Caring for Camp Lejeune Families Act of 2012 (Public Law 112-
     154; 126 Stat. 1169), as most recently amended by section 3 
     of the Department of Veterans Affairs Expiring Authorities 
     Act of 2021 (Public Law 117-42; 135 Stat. 342), is amended by 
     striking ``September 30, 2022'' and inserting ``September 30, 
     2023''.

        TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS

     SEC. 201. EXTENSION OF AUTHORITY TO TRANSPORT INDIVIDUALS TO 
                   AND FROM DEPARTMENT OF VETERANS AFFAIRS 
                   FACILITIES.

       Section 111A(a)(2) of title 38, United States Code, is 
     amended by striking ``September 30, 2022'' and inserting 
     ``September 30, 2024''.

     SEC. 202. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE 
                   IN THE REPUBLIC OF THE PHILIPPINES.

       Section 315(b) of title 38, United States Code, is amended 
     by striking ``September 30, 2022'' and inserting ``September 
     30, 2024''.

     SEC. 203. EXTENSION OF AUTHORITY FOR REPORT ON EQUITABLE 
                   RELIEF PROVIDED DUE TO ADMINISTRATIVE ERROR.

       Section 503(c) of title 38, United States Code, is amended 
     by striking ``December 31, 2022'' and inserting ``December 
     31, 2024''.

     SEC. 204. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE FOR 
                   SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS 
                   RESIDING TEMPORARILY IN HOUSING OWNED BY A 
                   FAMILY MEMBER.

       Section 2102A(e) of title 38, United States Code, is 
     amended by striking ``December 31, 2022'' and inserting 
     ``December 31, 2024''.

     SEC. 205. EXTENSION OF SPECIALLY ADAPTED HOUSING ASSISTIVE 
                   TECHNOLOGY GRANT PROGRAM.

       Section 2108(g) of title 38, United States Code, is amended 
     by striking ``September 30, 2022'' and inserting ``September 
     30, 2024''.

   TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS

     SEC. 301. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR 
                   HOMELESS VETERANS REINTEGRATION PROGRAMS.

       Section 2021(e)(1)(F) of title 38, United States Code, is 
     amended by striking ``2022'' and inserting ``2024''.

     SEC. 302. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR 
                   HOMELESS WOMEN VETERANS AND HOMELESS VETERANS 
                   WITH CHILDREN REINTEGRATION GRANT PROGRAM.

       Section 2021A(f)(1) of title 38, United States Code, is 
     amended by striking ``2022'' and inserting ``2024''.

     SEC. 303. EXTENSION OF AUTHORITY FOR TREATMENT AND 
                   REHABILITATION FOR SERIOUSLY MENTALLY ILL AND 
                   HOMELESS VETERANS.

       (a) General Treatment.--Section 2031(b) of title 38, United 
     States Code, is amended by striking ``September 30, 2022'' 
     and inserting ``September 30, 2024''.
       (b) Additional Services at Certain Locations.--Section 
     2033(d) of such title is amended by striking ``September 30, 
     2022'' and inserting ``September 30, 2024''.

     SEC. 304. EXTENSION OF FUNDING FOR FINANCIAL ASSISTANCE FOR 
                   SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN 
                   FAMILIES IN PERMANENT HOUSING.

       Section 2044(e)(1)(H) of title 38, United States Code, is 
     amended by striking ``and 2022'' and inserting ``through 
     2024''.

     SEC. 305. EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOMELESS 
                   VETERANS WITH SPECIAL NEEDS.

       Section 2061(d)(1) of title 38, United States Code, is 
     amended by striking ``2022'' and inserting ``2024''.

     SEC. 306. EXTENSION OF AUTHORITY FOR THE ADVISORY COMMITTEE 
                   ON HOMELESS VETERANS.

       Section 2066(d) of title 38, United States Code, is amended 
     by striking ``September 30, 2022'' and inserting ``September 
     30, 2026''.

               TITLE IV--EXTENSIONS OF OTHER AUTHORITIES

     SEC. 401. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR 
                   MONTHLY ASSISTANCE ALLOWANCE UNDER THE OFFICE 
                   OF NATIONAL VETERANS SPORTS PROGRAMS AND 
                   SPECIAL EVENTS.

       Section 322(d)(4) of title 38, United States Code, is 
     amended by striking ``2022'' and inserting ``2026''.

     SEC. 402. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS FOR 
                   ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS 
                   AND MEMBERS OF THE ARMED FORCES.

       (a) Authorization of Appropriations.--Subsection (g)(1)(B) 
     of section 521A of title 38, United States Code, is amended 
     by striking ``and 2022'' and inserting ``through 2026''.
       (b) Extension.--Subsection (l) of such section is amended 
     by striking ``2022'' and inserting ``2026''.
       (c) Technical Correction.--Subsection (g)(1)(A) of such 
     section is amended by striking ``. for each of fiscal years 
     2010 through 2020''.

     SEC. 403. EXTENSION OF ADVISORY COMMITTEE ON MINORITY 
                   VETERANS.

       Section 544(e) of title 38, United States Code, is amended 
     by striking ``September 30, 2022'' and inserting ``September 
     30, 2026''.

     SEC. 404. EXTENSION OF VETERANS' ADVISORY COMMITTEE ON 
                   EDUCATION.

       Section 3692(c) of title 38, United States Code, is amended 
     by striking ``December 31, 2022'' and inserting ``December 
     31, 2026''.

     SEC. 405. EXTENSION OF AUTHORITY FOR TRANSFER OF REAL 
                   PROPERTY.

       Section 8118(a)(5) of title 38, United States Code, is 
     amended by striking ``September 30, 2022'' and inserting 
     ``September 30, 2024''.

          DIVISION F--FDA USER FEE REAUTHORIZATION ACT OF 2022

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``FDA User Fee 
     Reauthorization Act of 2022''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this division is as follows:

          DIVISION F--FDA USER FEE REAUTHORIZATION ACT OF 2022

Sec. 1. Short title.
Sec. 2. Table of contents.

                    TITLE I--FEES RELATING TO DRUGS

Sec. 1001. Short title; finding.
Sec. 1002. Definitions.
Sec. 1003. Authority to assess and use drug fees.
Sec. 1004. Reauthorization; reporting requirements.
Sec. 1005. Sunset dates.
Sec. 1006. Effective date.
Sec. 1007. Savings clause.

                   TITLE II--FEES RELATING TO DEVICES

Sec. 2001. Short title; finding.
Sec. 2002. Definitions.
Sec. 2003. Authority to assess and use device fees.
Sec. 2004. Reauthorization; reporting requirements.
Sec. 2005. Conformity assessment pilot program.
Sec. 2006. Reauthorization of third-party review program.
Sec. 2007. Sunset dates.
Sec. 2008. Effective date.
Sec. 2009. Savings clause.

               TITLE III--FEES RELATING TO GENERIC DRUGS

Sec. 3001. Short title; finding.
Sec. 3002. Authority to assess and use human generic drug fees.
Sec. 3003. Reauthorization; reporting requirements.
Sec. 3004. Sunset dates.
Sec. 3005. Effective date.
Sec. 3006. Savings clause.

       TITLE IV--FEES RELATING TO BIOSIMILAR BIOLOGICAL PRODUCTS

Sec. 4001. Short title; finding.
Sec. 4002. Definitions.
Sec. 4003. Authority to assess and use biosimilar biological product 
              fees.
Sec. 4004. Reauthorization; reporting requirements.
Sec. 4005. Sunset dates.
Sec. 4006. Effective date.
Sec. 4007. Savings clause.

              TITLE V--REAUTHORIZATION OF OTHER PROVISIONS

Sec. 5001. Reauthorization of the best pharmaceuticals for children 
              program.
Sec. 5002. Reauthorization of the humanitarian device exemption 
              incentive.
Sec. 5003. Reauthorization of the pediatric device consortia program.
Sec. 5004. Reauthorization of provision pertaining to drugs containing 
              single enantiomers.

[[Page S5102]]

Sec. 5005. Reauthorization of the critical path public-private 
              partnership.
Sec. 5006. Reauthorization of orphan drug grants.
Sec. 5007. Reauthorization of certain device inspections.
Sec. 5008. Reauthorization of reporting requirements related to pending 
              generic drug applications and priority review 
              applications.

                    TITLE I--FEES RELATING TO DRUGS

     SEC. 1001. SHORT TITLE; FINDING.

       (a) Short Title.--This title may be cited as the 
     ``Prescription Drug User Fee Amendments of 2022''.
       (b) Finding.--Congress finds that the fees authorized by 
     the amendments made by this title will be dedicated toward 
     expediting the drug development process and the process for 
     the review of human drug applications, including postmarket 
     drug safety activities, as set forth in the goals identified 
     for purposes of part 2 of subchapter C of chapter VII of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g et 
     seq.), in the letters from the Secretary of Health and Human 
     Services to the Chairman of the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the Chairman 
     of the Committee on Energy and Commerce of the House of 
     Representatives, as set forth in the Congressional Record.

     SEC. 1002. DEFINITIONS.

       (a) Human Drug Application.--Section 735(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379g(1)) is amended, 
     in the matter following subparagraph (B), by striking ``an 
     allergenic extract product, or'' and inserting ``does not 
     include an application with respect to an allergenic extract 
     product licensed before October 1, 2022, does not include an 
     application with respect to a standardized allergenic extract 
     product submitted pursuant to a notification to the applicant 
     from the Secretary regarding the existence of a potency test 
     that measures the allergenic activity of an allergenic 
     extract product licensed by the applicant before October 1, 
     2022, does not include an application with respect to''.
       (b) Prescription Drug Product.--Section 735(3) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g(3)) is 
     amended--
       (1) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively;
       (2) by striking ``(3) The term'' and inserting ``(3)(A) The 
     term'';
       (3) by striking ``Such term does not include whole blood'' 
     and inserting the following:
       ``(B) Such term does not include whole blood'';
       (4) by striking ``an allergenic extract product,'' and 
     inserting ``an allergenic extract product licensed before 
     October 1, 2022, a standardized allergenic extract product 
     submitted pursuant to a notification to the applicant from 
     the Secretary regarding the existence of a potency test that 
     measures the allergenic activity of an allergenic extract 
     product licensed by the applicant before October 1, 2022,'' ; 
     and
       (5) by adding at the end the following:
       ``(C)(i) If a written request to place a product in the 
     discontinued section of either of the lists referenced in 
     subparagraph (A)(iii) is submitted to the Secretary on behalf 
     of an applicant, and the request identifies the date the 
     product is, or will be, withdrawn from sale, then for 
     purposes of assessing the prescription drug program fee under 
     section 736(a)(2), the Secretary shall consider such product 
     to have been included in the discontinued section on the 
     later of--
       ``(I) the date such request was received; or
       ``(II) if the product will be withdrawn from sale on a 
     future date, such future date when the product is withdrawn 
     from sale.
       ``(ii) For purposes of this subparagraph, a product shall 
     be considered withdrawn from sale once the applicant has 
     ceased its own distribution of the product, whether or not 
     the applicant has ordered recall of all previously 
     distributed lots of the product, except that a routine, 
     temporary interruption in supply shall not render a product 
     withdrawn from sale.''.
       (c) Skin-Test Diagnostic Product.--Section 735 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g) is 
     amended by adding at the end the following:
       ``(12) The term `skin-test diagnostic product'--
       ``(A) means a product--
       ``(i) for prick, scratch, intradermal, or subcutaneous 
     administration;
       ``(ii) expected to produce a limited, local reaction at the 
     site of administration (if positive), rather than a systemic 
     effect;
       ``(iii) not intended to be a preventive or therapeutic 
     intervention; and
       ``(iv) intended to detect an immediate- or delayed-type 
     skin hypersensitivity reaction to aid in the diagnosis of--

       ``(I) an allergy to an antimicrobial agent;
       ``(II) an allergy that is not to an antimicrobial agent, if 
     the diagnostic product was authorized for marketing prior to 
     October 1, 2022; or
       ``(III) infection with fungal or mycobacterial pathogens; 
     and

       ``(B) includes positive and negative controls required to 
     interpret the results of a product described in subparagraph 
     (A).''.

     SEC. 1003. AUTHORITY TO ASSESS AND USE DRUG FEES.

       (a) Types of Fees.--
       (1) Human drug application fee.--Section 736(a) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(a)) is 
     amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``fiscal year 2018'' and inserting ``fiscal year 2023'';
       (B) in paragraph (1)(A), by striking ``(c)(5)'' each place 
     it appears and inserting ``(c)(6)'';
       (C) in paragraph (1)(C), by inserting ``prior to approval'' 
     after ``or was withdrawn''; and
       (D) in paragraph (1), by adding at the end the following:
       ``(H) Exception for skin-test diagnostic products.--A human 
     drug application for a skin-test diagnostic product shall not 
     be subject to a fee under subparagraph (A).''.
       (2) Prescription drug program fee.--Section 736(a)(2) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     379h(a)(2)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``Except as provided in subparagraphs (B) 
     and (C)'' and inserting the following:
       ``(i) Payment of fees.--Except as provided in subparagraphs 
     (B) and (C)'';
       (ii) by striking ``subsection (c)(5)'' and inserting 
     ``subsection (c)(6)''; and
       (iii) by adding at the end the following:
       ``(ii) Special rule for previously discontinued drug 
     products.--If a drug product that is identified in a human 
     drug application approved as of October 1 of a fiscal year is 
     not a prescription drug product as of that date because the 
     drug product is in the discontinued section of a list 
     referenced in section 735(3)(A)(iii), and on any subsequent 
     day during such fiscal year the drug product is a 
     prescription drug product, then except as provided in 
     subparagraphs (B) and (C), each person who is named as the 
     applicant in a human drug application with respect to such 
     product, and who, after September 1, 1992, had pending before 
     the Secretary a human drug application or supplement, shall 
     pay the annual prescription drug program fee established for 
     a fiscal year under subsection (c)(6) for such prescription 
     drug product. Such fee shall be due on the last business day 
     of such fiscal year and shall be paid only once for each such 
     product for a fiscal year in which the fee is payable.''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) Exception for certain prescription drug products.--A 
     prescription drug program fee shall not be assessed for a 
     prescription drug product under subparagraph (A) if such 
     product is--
       ``(i) a large volume parenteral product (a sterile aqueous 
     drug product packaged in a single-dose container with a 
     volume greater than or equal to 100 mL, not including powders 
     for reconstitution or pharmacy bulk packages) identified on 
     the list compiled under section 505(j)(7);
       ``(ii) pharmaceutically equivalent (as defined in section 
     314.3 of title 21, Code of Federal Regulations (or any 
     successor regulation)) to another product on the list of 
     products compiled under section 505(j)(7) (not including the 
     discontinued section of such list); or
       ``(iii) a skin-test diagnostic product.''.
       (b) Fee Revenue Amounts.--
       (1) In general.--Paragraph (1) of section 736(b) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(b)) is 
     amended to read as follows:
       ``(1) In general.--For each of the fiscal years 2023 
     through 2027, fees under subsection (a) shall, except as 
     provided in subsections (c), (d), (f), and (g), be 
     established to generate a total revenue amount under such 
     subsection that is equal to the sum of--
       ``(A) the annual base revenue for the fiscal year (as 
     determined under paragraph (3));
       ``(B) the dollar amount equal to the inflation adjustment 
     for the fiscal year (as determined under subsection (c)(1));
       ``(C) the dollar amount equal to the strategic hiring and 
     retention adjustment for the fiscal year (as determined under 
     subsection (c)(2));
       ``(D) the dollar amount equal to the capacity planning 
     adjustment for the fiscal year (as determined under 
     subsection (c)(3));
       ``(E) the dollar amount equal to the operating reserve 
     adjustment for the fiscal year, if applicable (as determined 
     under subsection (c)(4));
       ``(F) the dollar amount equal to the additional direct cost 
     adjustment for the fiscal year (as determined under 
     subsection (c)(5)); and
       ``(G) additional dollar amounts for each fiscal year as 
     follows:
       ``(i) $65,773,693 for fiscal year 2023.
       ``(ii) $25,097,671 for fiscal year 2024.
       ``(iii) $14,154,169 for fiscal year 2025.
       ``(iv) $4,864,860 for fiscal year 2026.
       ``(v) $1,314,620 for fiscal year 2027.''.
       (2) Annual base revenue.--Paragraph (3) of section 736(b) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     379h(b)) is amended to read as follows:
       ``(3) Annual base revenue.--For purposes of paragraph (1), 
     the dollar amount of the annual base revenue for a fiscal 
     year shall be--
       ``(A) for fiscal year 2023, $1,151,522,958; and
       ``(B) for fiscal years 2024 through 2027, the dollar amount 
     of the total revenue amount established under paragraph (1) 
     for the previous fiscal year, not including any adjustments 
     made under subsection (c)(4) or (c)(5).''.
       (c) Adjustments; Annual Fee Setting.--
       (1) Inflation adjustment.--Section 736(c)(1)(B)(ii) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     379h(c)(1)(B)(ii)) is amended by striking ``Washington-
     Baltimore, DC-MD-VA-WV'' and inserting ``Washington-
     Arlington-Alexandria, DC-VA-MD-WV''.
       (2) Strategic hiring and retention adjustment.--Section 
     736(c) of the Federal

[[Page S5103]]

     Food, Drug, and Cosmetic Act (21 U.S.C. 379h(c)) is amended--
       (A) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) Strategic hiring and retention adjustment.--For each 
     fiscal year, after the annual base revenue established in 
     subsection (b)(1)(A) is adjusted for inflation in accordance 
     with paragraph (1), the Secretary shall further increase the 
     fee revenue and fees by the following amounts:
       ``(A) For fiscal year 2023, $9,000,000.
       ``(B) For each of fiscal years 2024 through 2027, 
     $4,000,000.''.
       (3) Capacity planning adjustment.--Paragraph (3), as 
     redesignated, of section 736(c) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379h(c)) is amended to read as 
     follows:
       ``(3) Capacity planning adjustment.--
       ``(A) In general.--For each fiscal year, after the annual 
     base revenue established in subsection (b)(1)(A) is adjusted 
     in accordance with paragraphs (1) and (2), such revenue shall 
     be adjusted further for such fiscal year, in accordance with 
     this paragraph, to reflect changes in the resource capacity 
     needs of the Secretary for the process for the review of 
     human drug applications.
       ``(B) Methodology.--For purposes of this paragraph, the 
     Secretary shall employ the capacity planning methodology 
     utilized by the Secretary in setting fees for fiscal year 
     2021, as described in the notice titled `Prescription Drug 
     User Fee Rates for Fiscal Year 2021' published in the Federal 
     Register on August 3, 2020 (85 Fed. Reg. 46651). The workload 
     categories used in applying such methodology in forecasting 
     shall include only the activities described in that notice 
     and, as feasible, additional activities that are directly 
     related to the direct review of applications and supplements, 
     including additional formal meeting types, the direct review 
     of postmarketing commitments and requirements, the direct 
     review of risk evaluation and mitigation strategies, and the 
     direct review of annual reports for approved prescription 
     drug products. Subject to the exceptions in the preceding 
     sentence, the Secretary shall not include as workload 
     categories in applying such methodology in forecasting any 
     non-core review activities, including those activities that 
     the Secretary referenced for potential future use in such 
     notice but did not utilize in setting fees for fiscal year 
     2021.
       ``(C) Limitation.--Under no circumstances shall an 
     adjustment under this paragraph result in fee revenue for a 
     fiscal year that is less than the sum of the amounts under 
     subsections (b)(1)(A) (the annual base revenue for the fiscal 
     year), (b)(1)(B) (the dollar amount of the inflation 
     adjustment for the fiscal year), and (b)(1)(C) (the dollar 
     amount of the strategic hiring and retention adjustment for 
     the fiscal year).
       ``(D) Publication in federal register.--The Secretary shall 
     publish in the Federal Register notice under paragraph (6) of 
     the fee revenue and fees resulting from the adjustment and 
     the methodologies under this paragraph.''.
       (4) Operating reserve adjustment.--Paragraph (4), as 
     redesignated, of section 736(c) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379h(c)) is amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) Increase.--For fiscal year 2023 and subsequent fiscal 
     years, the Secretary shall, in addition to adjustments under 
     paragraphs (1), (2), and (3), further increase the fee 
     revenue and fees if such an adjustment is necessary to 
     provide for operating reserves of carryover user fees for the 
     process for the review of human drug applications for each 
     fiscal year in at least the following amounts:
       ``(i) For fiscal year 2023, at least 8 weeks of operating 
     reserves.
       ``(ii) For fiscal year 2024, at least 9 weeks of operating 
     reserves.
       ``(iii) For fiscal year 2025 and subsequent fiscal years, 
     at least 10 weeks of operating reserves.''; and
       (B) in subparagraph (C), by striking ``paragraph (5)'' and 
     inserting ``paragraph (6)''.
       (5) Additional direct cost adjustment.--Paragraph (5), as 
     redesignated, of section 736(c) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379h(c)) is amended to read as 
     follows:
       ``(5) Additional direct cost adjustment.--
       ``(A) Increase.--The Secretary shall, in addition to 
     adjustments under paragraphs (1), (2), (3), and (4), further 
     increase the fee revenue and fees--
       ``(i) for fiscal year 2023, by $44,386,150; and
       ``(ii) for each of fiscal years 2024 through 2027, by the 
     amount set forth in clauses (i) through (iv) of subparagraph 
     (B), as applicable, multiplied by the Consumer Price Index 
     for urban consumers (Washington-Arlington-Alexandria, DC-VA-
     MD-WV; Not Seasonally Adjusted; All Items; Annual Index) for 
     the most recent year of available data, divided by such Index 
     for 2021.
       ``(B) Applicable amounts.--The amounts referred to in 
     subparagraph (A)(ii) are the following:
       ``(i) For fiscal year 2024, $60,967,993.
       ``(ii) For fiscal year 2025, $35,799,314.
       ``(iii) For fiscal year 2026, $35,799, 314.
       ``(iv) For fiscal year 2027, $35,799,314.''.
       (6) Annual fee setting.--Paragraph (6), as redesignated, of 
     section 736(c) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 379h(c)) is amended by striking ``September 30, 
     2017'' and inserting ``September 30, 2022''.
       (d) Crediting and Availability of Fees.--Section 736(g)(3) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     379h(g)(3)) is amended by striking ``fiscal years 2018 
     through 2022'' and inserting ``fiscal years 2023 through 
     2027''.
       (e) Written Requests for Waivers, Reductions, Exemptions, 
     and Returns; Disputes Concerning Fees.--Section 736(i) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(i)) is 
     amended to read as follows:
       ``(i) Written Requests for Waivers, Reductions, Exemptions, 
     and Returns; Disputes Concerning Fees.--To qualify for 
     consideration for a waiver or reduction under subsection (d), 
     an exemption under subsection (k), or the return of any fee 
     paid under this section, including if the fee is claimed to 
     have been paid in error, a person shall--
       ``(1) not later than 180 days after such fee is due, submit 
     to the Secretary a written request justifying such waiver, 
     reduction, exemption, or return; and
       ``(2) include in the request any legal authorities under 
     which the request is made.''.
       (f) Orphan Drugs.--Section 736(k) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 379h(k)) is amended--
       (1) in paragraph (1)(B), by striking ``during the previous 
     year'' and inserting ``as determined under paragraph (2)''; 
     and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Evidence of qualification.--An exemption under 
     paragraph (1) applies with respect to a drug only if the 
     applicant involved submits a certification that the 
     applicant's gross annual revenues did not exceed $50,000,000 
     for the last calendar year ending prior to the fiscal year 
     for which the exemption is requested. Such certification 
     shall be supported by--
       ``(A) tax returns submitted to the United States Internal 
     Revenue Service; or
       ``(B) as necessary, other appropriate financial 
     information.''.

     SEC. 1004. REAUTHORIZATION; REPORTING REQUIREMENTS.

       Section 736B of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 379h-2) is amended--
       (1) in subsection (a)(1), by striking ``Beginning with 
     fiscal year 2018, not'' and inserting ``Not'';
       (2) by striking ``Prescription Drug User Fee Amendments of 
     2017'' each place it appears and inserting ``Prescription 
     Drug User Fee Amendments of 2022'';
       (3) in subsection (a)(3)(A), by striking ``Not later than 
     30 calendar days after the end of the second quarter of 
     fiscal year 2018, and not later than 30 calendar days after 
     the end of each quarter of each fiscal year thereafter'' and 
     inserting ``Not later than 30 calendar days after the end of 
     each quarter of each fiscal year for which fees are collected 
     under this part'';
       (4) in subsection (a)(4), by striking ``Beginning with 
     fiscal year 2020, the'' and inserting ``The'';
       (5) in subsection (b), by striking ``Beginning with fiscal 
     year 2018, not'' and inserting ``Not'';
       (6) in subsection (c), by striking ``Beginning with fiscal 
     year 2018, for'' and inserting ``For''; and
       (7) in subsection (f)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``fiscal year 2022'' and inserting ``fiscal 
     year 2027''; and
       (B) in paragraph (5), by striking ``January 15, 2022'' and 
     inserting ``January 15, 2027''.

     SEC. 1005. SUNSET DATES.

       (a) Authorization.--Sections 735 and 736 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379g; 379h) shall 
     cease to be effective October 1, 2027.
       (b) Reporting Requirements.--Section 736B of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379h-2) shall cease 
     to be effective January 31, 2028.
       (c) Previous Sunset Provision.--Effective October 1, 2022, 
     subsections (a) and (b) of section 104 of the FDA 
     Reauthorization Act of 2017 (Public Law 115-52) are repealed.

     SEC. 1006. EFFECTIVE DATE.

       The amendments made by this title shall take effect on 
     October 1, 2022, or the date of the enactment of this Act, 
     whichever is later, except that fees under part 2 of 
     subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379g et seq.) shall be assessed for 
     all human drug applications received on or after October 1, 
     2022, regardless of the date of the enactment of this Act.

     SEC. 1007. SAVINGS CLAUSE.

       Notwithstanding the amendments made by this title, part 2 
     of subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379g et seq.), as in effect on the 
     day before the date of the enactment of this title, shall 
     continue to be in effect with respect to human drug 
     applications and supplements (as defined in such part as of 
     such day) that were accepted by the Food and Drug 
     Administration for filing on or after October 1, 2017, but 
     before October 1, 2022, with respect to assessing and 
     collecting any fee required by such part for a fiscal year 
     prior to fiscal year 2023.

                   TITLE II--FEES RELATING TO DEVICES

     SEC. 2001. SHORT TITLE; FINDING.

       (a) Short Title.--This title may be cited as the ``Medical 
     Device User Fee Amendments of 2022''.

[[Page S5104]]

       (b) Finding.--Congress finds that the fees authorized under 
     the amendments made by this title will be dedicated toward 
     expediting the process for the review of device applications 
     and for assuring the safety and effectiveness of devices, as 
     set forth in the goals identified for purposes of part 3 of 
     subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379i et seq.), in the letters from 
     the Secretary of Health and Human Services to the Chairman of 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Chairman of the Committee on Energy and 
     Commerce of the House of Representatives, as set forth in the 
     Congressional Record.

     SEC. 2002. DEFINITIONS.

       Section 737 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 379i) is amended--
       (1) in paragraph (9)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``and premarket notification submissions'' and inserting 
     ``premarket notification submissions, and de novo 
     classification requests'';
       (B) in subparagraph (D), by striking ``and submissions'' 
     and inserting ``submissions, and de novo classification 
     requests'';
       (C) in subparagraph (F), by striking ``and premarket 
     notification submissions'' and inserting ``premarket 
     notification submissions, and de novo classification 
     requests'';
       (D) in each of subparagraphs (G) and (H), by striking ``or 
     submissions'' and inserting ``submissions, or requests''; and
       (E) in subparagraph (K), by striking ``or premarket 
     notification submissions'' and inserting ``premarket 
     notification submissions, or de novo classification 
     requests''; and
       (2) in paragraph (11), by striking ``2016'' and inserting 
     ``2021''.

     SEC. 2003. AUTHORITY TO ASSESS AND USE DEVICE FEES.

       (a) Types of Fees.--Section 738(a) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 379j(a)) is amended--
       (1) in paragraph (1), by striking ``fiscal year 2018'' and 
     inserting ``fiscal year 2023''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking 
     ``October 1, 2017'' and inserting ``October 1, 2022'';
       (ii) in clause (iii), by striking ``75 percent'' and 
     inserting ``80 percent''; and
       (iii) in clause (viii), by striking ``3.4 percent'' and 
     inserting ``4.5 percent'';
       (B) in subparagraph (B)(iii), by striking ``or premarket 
     notification submission'' and inserting ``premarket 
     notification submission, or de novo classification request''; 
     and
       (C) in subparagraph (C), by striking ``or periodic 
     reporting concerning a class III device'' and inserting 
     ``periodic reporting concerning a class III device, or de 
     novo classification request''.
       (b) Fee Amounts.--Section 738(b) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379j(b)) is amended--
       (1) in paragraph (1), by striking ``2018 through 2022'' and 
     inserting ``2023 through 2027'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) Base fee amounts specified.--For purposes of 
     paragraph (1), the base fee amounts specified in this 
     paragraph are as follows:

----------------------------------------------------------------------------------------------------------------
                                                             Fiscal     Fiscal     Fiscal     Fiscal     Fiscal
                        ``Fee Type                         Year 2023  Year 2024  Year 2025  Year 2026  Year 2027
----------------------------------------------------------------------------------------------------------------
Premarket Application....................................   $425,000   $435,000   $445,000   $455,000   $470,000
Establishment Registration...............................     $6,250     $6,875     $7,100     $7,575  $8,465'';
                                                                                                             and
----------------------------------------------------------------------------------------------------------------

       (3) by amending paragraph (3) to read as follows:
       ``(3) Total revenue amounts specified.--For purposes of 
     paragraph (1), the total revenue amounts specified in this 
     paragraph are as follows:
       ``(A) $312,606,000 for fiscal year 2023.
       ``(B) $335,750,000 for fiscal year 2024.
       ``(C) $350,746,400 for fiscal year 2025.
       ``(D) $366,486,300 for fiscal year 2026.
       ``(E) $418,343,000 for fiscal year 2027.''.
       (c) Annual Fee Setting; Adjustments.--Section 738(c) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j(c)) is 
     amended--
       (1) in paragraph (1), by striking ``2017'' and inserting 
     ``2022'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``2018'' and inserting 
     ``2023'';
       (B) in subparagraph (B)--
       (i) in the matter preceding clause (i), by striking 
     ``fiscal year 2018'' and inserting ``fiscal year 2023''; and
       (ii) in clause (ii), by striking ``fiscal year 2016'' and 
     inserting ``fiscal year 2022'';
       (C) in subparagraph (C), by striking ``Washington-
     Baltimore, DC-MD-VA-WV'' and inserting ``Washington-
     Arlington-Alexandria, DC-VA-MD-WV''; and
       (D) in subparagraph (D), in the matter preceding clause 
     (i), by striking ``fiscal years 2018 through 2022'' and 
     inserting ``fiscal years 2023 through 2027'';
       (3) in paragraph (3), by striking ``2018 through 2022'' and 
     inserting ``2023 through 2027'';
       (4) by redesignating paragraphs (4) and (5) as paragraphs 
     (7) and (8), respectively; and
       (5) by inserting after paragraph (3) the following:
       ``(4) Performance improvement adjustment.--
       ``(A) In general.--For each of fiscal years 2025 through 
     2027, after the adjustments under paragraphs (2) and (3), the 
     base establishment registration fee amounts for such fiscal 
     year shall be increased to reflect changes in the resource 
     needs of the Secretary due to improved review performance 
     goals for the process for the review of device applications 
     identified in the letters described in section 2001(b) of the 
     Medical Device User Fee Amendments of 2022, as the Secretary 
     determines necessary to achieve an increase in total fee 
     collections for such fiscal year equal to the following 
     amounts, as applicable:
       ``(i) For fiscal year 2025, the product of--

       ``(I) the amount determined under subparagraph (B)(i)(I); 
     and
       ``(II) the applicable inflation adjustment under paragraph 
     (2)(B) for such fiscal year.

       ``(ii) For fiscal year 2026, the product of--

       ``(I) the sum of the amounts determined under subparagraphs 
     (B)(i)(II), (B)(ii)(I), and (B)(iii)(I); and
       ``(II) the applicable inflation adjustment under paragraph 
     (2)(B) for such fiscal year.

       ``(iii) For fiscal year 2027, the product of--

       ``(I) the sum of the amounts determined under subparagraphs 
     (B)(i)(III), (B)(ii)(II), and (B)(iii)(II); and
       ``(II) the applicable inflation adjustment under paragraph 
     (2)(B) for such fiscal year.

       ``(B) Amounts.--
       ``(i) Presubmission amount.--For purposes of subparagraph 
     (A), with respect to the Presubmission Written Feedback goal, 
     the amounts determined under this subparagraph are as 
     follows:

       ``(I) For fiscal year 2025, $15,396,600 if such goal for 
     fiscal year 2023 is met.
       ``(II) For fiscal year 2026:

       ``(aa) $15,396,600 if such goal for fiscal year 2023 is met 
     and such goal for fiscal year 2024 is not met.
       ``(bb) $36,792,200 if such goal for fiscal year 2024 is 
     met.

       ``(III) For fiscal year 2027:

       ``(aa) $15,396,600 if such goal for fiscal year 2023 is met 
     and such goal for each of fiscal years 2024 and 2025 is not 
     met.
       ``(bb) $36,792,200 if such goal for fiscal year 2024 is met 
     and such goal for fiscal year 2025 is not met.
       ``(cc) $40,572,600 if such goal for fiscal year 2025 is 
     met.
       ``(ii) De novo classification request amount.--For purposes 
     of subparagraph (A), with respect to the De Novo Decision 
     goal, the amounts determined under this subparagraph are as 
     follows:

       ``(I) For fiscal year 2026, $6,323,500 if such goal for 
     fiscal year 2023 is met.
       ``(II) For fiscal year 2027:

       ``(aa) $6,323,500 if such goal for fiscal year 2023 is met 
     and such goal for fiscal year 2024 is not met.
       ``(bb) $11,765,400 if such goal for fiscal year 2024 is 
     met.
       ``(iii) Premarket notification and premarket approval 
     amount.--For purposes of subparagraph (A), with respect to 
     the 510(k) decision goal, 510(k) Shared Outcome Total Time to 
     Decision goal, PMA decision goal, and PMA Shared Outcome 
     Total Time to Decision goal, the amounts determined under 
     this subparagraph are as follows:

       ``(I) For fiscal year 2026, $1,020,000 if the 4 goals for 
     fiscal year 2023 are met.
       ``(II) For fiscal year 2027:

       ``(aa) $1,020,000 if the 4 goals for fiscal year 2023 are 
     met and one or more of the 4 goals for fiscal year 2024 are 
     not met.
       ``(bb) $3,906,000 if the 4 goals for fiscal year 2024 are 
     met.
       ``(C) Performance calculation.--For purposes of this 
     paragraph, performance of the following goals shall be 
     determined as specified in the letters described in section 
     2001(b) of the Medical Device User Fee Amendments of 2022 and 
     based on data available, as follows:
       ``(i) The performance of the Presubmission Written Feedback 
     goal shall be based on data available as of--

       ``(I) for fiscal year 2023, March 31, 2024;
       ``(II) for fiscal year 2024, March 31, 2025; and
       ``(III) for fiscal year 2025, March 31, 2026.

       ``(ii) The performance of the De Novo Decision goal, 510(k) 
     decision goal, 510(k) Shared Outcome Total Time to Decision 
     goal, PMA decision goal, and PMA Shared Outcome Total Time to 
     Decision goal shall be based on data available as of--

       ``(I) for fiscal year 2023, March 31, 2025; and

[[Page S5105]]

       ``(II) for fiscal year 2024, March 31, 2026.

       ``(D) Goals defined.--For purposes of this paragraph, the 
     terms `Presubmission Written Feedback goal', `De Novo 
     Decision goal', `510(k) decision goal', `510(k) Shared 
     Outcome Total Time to Decision goal', `PMA decision goal', 
     and `PMA Shared Outcome Total Time to Decision goal' refer to 
     the goals identified by the same names in the letters 
     described in section 2001(b) of the Medical Device User Fee 
     Amendments of 2022.
       ``(5) Hiring adjustment.--
       ``(A) In general.--For each of fiscal years 2025 through 
     2027, after the adjustments under paragraphs (2), (3), and 
     (4), if applicable, if the number of hires to support the 
     process for the review of device applications falls below the 
     thresholds specified in subparagraph (B) for the applicable 
     fiscal years, the base establishment registration fee amounts 
     shall be decreased as the Secretary determines necessary to 
     achieve a reduction in total fee collections equal to the 
     hiring adjustment amount under subparagraph (C).
       ``(B) Thresholds.--The thresholds specified in this 
     subparagraph are as follows:
       ``(i) For fiscal year 2025, the threshold is 123 hires for 
     fiscal year 2023.
       ``(ii) For fiscal year 2026, the threshold is 38 hires for 
     fiscal year 2024.
       ``(iii) For fiscal year 2027, the threshold is--

       ``(I) 22 hires for fiscal year 2025 if the base 
     establishment registration fees are not increased by the 
     amount determined under paragraph (4)(A)(i); or
       ``(II) 75 hires for fiscal year 2025 if such fees are so 
     increased.

       ``(C) Hiring adjustment amount.--The hiring adjustment 
     amount for fiscal year 2025 and each subsequent fiscal year 
     is the product of--
       ``(i) the number of hires by which the hiring goal 
     specified in subparagraph (D) for the fiscal year before the 
     prior fiscal year was not met;
       ``(ii) $72,877; and
       ``(iii) the applicable inflation adjustment under paragraph 
     (2)(B) for the fiscal year for which the hiring goal was not 
     met.
       ``(D) Hiring goals.--The hiring goals for each of fiscal 
     years 2023 through 2025 are as follows:
       ``(i) For fiscal year 2023, 144 hires.
       ``(ii) For fiscal year 2024, 42 hires.
       ``(iii) For fiscal year 2025:

       ``(I) 24 hires if the base establishment registration fees 
     are not increased by the amount determined under paragraph 
     (4)(A)(i).
       ``(II) 83 hires if the base establishment registration fees 
     are increased by the amount determined under paragraph 
     (4)(A)(i).

       ``(E) Number of hires.--For purposes of this paragraph, the 
     number of hires for a fiscal year shall be determined by the 
     Secretary as set forth in the letters described in section 
     2001(b) of the Medical Device User Fee Amendments of 2022.
       ``(6) Operating reserve adjustment.--
       ``(A) In general.--For each of fiscal years 2023 through 
     2027, after the adjustments under paragraphs (2), (3), (4), 
     and (5), if applicable, if the Secretary has operating 
     reserves of carryover user fees for the process for the 
     review of device applications in excess of the designated 
     amount in subparagraph (B), the Secretary shall decrease the 
     base establishment registration fee amounts to provide for 
     not more than such designated amount of operating reserves.
       ``(B) Designated amount.--Subject to subparagraph (C), for 
     each fiscal year, the designated amount in this subparagraph 
     is equal to the sum of--
       ``(i) 13 weeks of operating reserves of carryover user 
     fees; and
       ``(ii) 1 month of operating reserves maintained pursuant to 
     paragraph (8).
       ``(C) Excluded amount.--For the period of fiscal years 2023 
     through 2026, a total amount equal to $118,000,000 shall not 
     be considered part of the designated amount under 
     subparagraph (B) and shall not be subject to the decrease 
     under subparagraph (A).''.
       (d) Conditions.--Section 738(g) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379j(g)) is amended--
       (1) in paragraph (1)(A), by striking ``$320,825,000'' and 
     inserting ``$398,566,000''; and
       (2) in paragraph (2), by inserting ``de novo classification 
     requests,'' after ``class III device,''.
       (e) Crediting and Availability of Fees.--Section 738(h)(3) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     379j(h)(3)) is amended to read as follows:
       ``(3) Authorization of appropriations.--
       ``(A) In general.--For each of fiscal years 2023 through 
     2027, there is authorized to be appropriated for fees under 
     this section an amount equal to the revenue amount determined 
     under subparagraph (B), less the amount of reductions 
     determined under subparagraph (C).
       ``(B) Revenue amount.--For purposes of this paragraph, the 
     revenue amount for each fiscal year is the sum of--
       ``(i) the total revenue amount under subsection (b)(3) for 
     the fiscal year, as adjusted under paragraphs (2) and (3) of 
     subsection (c); and
       ``(ii) the performance improvement adjustment amount for 
     the fiscal year under subsection (c)(4), if applicable.
       ``(C) Amount of reductions.--For purposes of this 
     paragraph, the amount of reductions for each fiscal year is 
     the sum of--
       ``(i) the hiring adjustment amount for the fiscal year 
     under subsection (c)(5), if applicable; and
       ``(ii) the operating reserve adjustment amount for the 
     fiscal year under subsection (c)(6), if applicable.''.

     SEC. 2004. REAUTHORIZATION; REPORTING REQUIREMENTS.

       (a) Performance Reports.--Section 738A(a) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-1(a)) is 
     amended--
       (1) by striking ``fiscal year 2018'' each place it appears 
     and inserting ``fiscal year 2023'';
       (2) by striking ``Medical Device User Fee Amendments of 
     2017'' each place it appears and inserting ``Medical Device 
     User Fee Amendments of 2022'';
       (3) in paragraph (1)--
       (A) in subparagraph (A), by redesignating the second clause 
     (iv) (relating to analysis) as clause (v); and
       (B) in subparagraph (A)(iv), by striking ``fiscal year 
     2020'' and inserting ``fiscal year 2023''; and
       (4) in paragraph (4), by striking ``2018 through 2022'' and 
     inserting ``2023 through 2027''.
       (b) Reauthorization.--Section 738A(b) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 379j-1(b)) is amended--
       (1) in paragraph (1), by striking ``2022'' and inserting 
     ``2027''; and
       (2) in paragraph (5), by striking ``2022'' and inserting 
     ``2027''.

     SEC. 2005. CONFORMITY ASSESSMENT PILOT PROGRAM.

       Section 514(d) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 360d(d)) is amended to read as follows:
       ``(d) Accreditation Scheme for Conformity Assessment.--
       ``(1) In general.--The Secretary shall establish a program 
     under which--
       ``(A) testing laboratories meeting criteria specified in 
     guidance by the Secretary may be accredited, by accreditation 
     bodies meeting criteria specified in guidance by the 
     Secretary, to conduct testing to support the assessment of 
     the conformity of a device to certain standards recognized 
     under this section; and
       ``(B) subject to paragraph (2), results from tests 
     conducted to support the assessment of conformity of devices 
     as described in subparagraph (A) conducted by testing 
     laboratories accredited pursuant to this subsection shall be 
     accepted by the Secretary for purposes of demonstrating such 
     conformity unless the Secretary finds that certain results of 
     such tests should not be so accepted.
       ``(2) Secretarial review of accredited laboratory 
     results.--The Secretary may--
       ``(A) review the results of tests conducted by testing 
     laboratories accredited pursuant to this subsection, 
     including by conducting periodic audits of such results or of 
     the processes of accredited bodies or testing laboratories;
       ``(B) following such review, take additional measures under 
     this Act, as the Secretary determines appropriate, such as--
       ``(i) suspension or withdrawal of accreditation of a 
     testing laboratory or recognition of an accreditation body 
     under paragraph (1)(A); or
       ``(ii) requesting additional information with respect to a 
     device; and
       ``(C) if the Secretary becomes aware of information 
     materially bearing on the safety or effectiveness of a device 
     for which an assessment of conformity was supported by 
     testing conducted by a testing laboratory accredited under 
     this subsection, take such additional measures under this 
     Act, as the Secretary determines appropriate, such as--
       ``(i) suspension or withdrawal of accreditation of a 
     testing laboratory or recognition of an accreditation body 
     under paragraph (1)(A); or
       ``(ii) requesting additional information with regard to 
     such device.
       ``(3) Report.--The Secretary shall make available on the 
     internet website of the Food and Drug Administration an 
     annual report on the progress of the program under this 
     subsection.''.

     SEC. 2006. REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.

       Section 523(c) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 360m(c)) is amended by striking ``October 1'' and 
     inserting ``December 17''.

     SEC. 2007. SUNSET DATES.

       (a) Authorization.--Sections 737 and 738 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379i; 379j) shall 
     cease to be effective October 1, 2027.
       (b) Reporting Requirements.--Section 738A of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-1) shall cease 
     to be effective January 31, 2028.
       (c) Previous Sunset Provisions.--Effective October 1, 2022, 
     subsections (a) and (b) of section 210 of the FDA 
     Reauthorization Act of 2017 (Public Law 115-52) are repealed.

     SEC. 2008. EFFECTIVE DATE.

       The amendments made by this title shall take effect on 
     October 1, 2022, or the date of the enactment of this Act, 
     whichever is later, except that fees under part 3 of 
     subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379i et seq.) shall be assessed for 
     all submissions listed in section 738(a)(2)(A) of such Act 
     received on or after October 1, 2022, regardless of the date 
     of the enactment of this Act.

     SEC. 2009. SAVINGS CLAUSE.

       Notwithstanding the amendments made by this title, part 3 
     of subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379i et seq.), as in effect on the 
     day before the date of the enactment of this

[[Page S5106]]

     title, shall continue to be in effect with respect to the 
     submissions listed in section 738(a)(2)(A) of such Act (as 
     defined in such part as of such day) that on or after October 
     1, 2017, but before October 1, 2022, were received by the 
     Food and Drug Administration with respect to assessing and 
     collecting any fee required by such part for a fiscal year 
     prior to fiscal year 2023.

               TITLE III--FEES RELATING TO GENERIC DRUGS

     SEC. 3001. SHORT TITLE; FINDING.

       (a) Short Title.--This title may be cited as the ``Generic 
     Drug User Fee Amendments of 2022''.
       (b) Finding.--Congress finds that the fees authorized by 
     the amendments made by this title will be dedicated to human 
     generic drug activities, as set forth in the goals identified 
     for purposes of part 7 of subchapter C of chapter VII of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41 et 
     seq.), in the letters from the Secretary of Health and Human 
     Services to the Chairman of the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the Chairman 
     of the Committee on Energy and Commerce of the House of 
     Representatives, as set forth in the Congressional Record.

     SEC. 3002. AUTHORITY TO ASSESS AND USE HUMAN GENERIC DRUG 
                   FEES.

       (a) Types of Fees.--Section 744B(a) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 379j-42(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``2018'' and inserting ``2023'';
       (2) in paragraph (2)(C), by striking ``2018 through 2022'' 
     and inserting ``2023 through 2027'';
       (3) in paragraph (3)(B), by striking ``2018 through 2022'' 
     and inserting ``2023 through 2027'';
       (4) in paragraph (4)(D), by striking ``2018 through 2022'' 
     and inserting ``2023 through 2027''; and
       (5) in paragraph (5)(D), by striking ``2018 through 2022'' 
     and inserting ``2023 through 2027''.
       (b) Fee Revenue Amounts.--Section 744B(b) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42(b)) is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) in the heading, by striking ``2018'' and inserting 
     ``2023'';
       (ii) by striking ``2018'' and inserting ``2023''; and
       (iii) by striking ``$493,600,000'' and inserting 
     ``$582,500,000''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) Fiscal years 2024 through 2027.--
       ``(i) In general.--For each of the fiscal years 2024 
     through 2027, fees under paragraphs (2) through (5) of 
     subsection (a) shall be established to generate a total 
     estimated revenue amount under such subsection that is equal 
     to the base revenue amount for the fiscal year under clause 
     (ii), as adjusted pursuant to subsection (c).
       ``(ii) Base revenue amount.--The base revenue amount for a 
     fiscal year referred to in clause (i) is equal to the total 
     revenue amount established under this paragraph for the 
     previous fiscal year, not including any adjustments made for 
     such previous fiscal year under subsection (c)(3).''; and
       (2) in paragraph (2)--
       (A) in subparagraph (C), by striking ``one-third the 
     amount'' and inserting ``twenty-four percent'';
       (B) in subparagraph (D), by striking ``Seven percent'' and 
     inserting ``Six percent''; and
       (C) in subparagraph (E)(i), by striking ``Thirty-five 
     percent'' and inserting ``Thirty-six percent''.
       (c) Adjustments.--Section 744B(c) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 379j-42(c)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``2019'' and inserting ``2024''; and
       (ii) by striking ``to equal the product of the total 
     revenues established in such notice for the prior fiscal year 
     multiplied'' and inserting ``to equal the base revenue amount 
     for the fiscal year (as specified in subsection 
     (b)(1)(B)(ii)) multiplied''; and
       (B) in subparagraph (C), by striking ``Washington-
     Baltimore, DC-MD-VA-WV'' and inserting ``Washington-
     Arlington-Alexandria, DC-VA-MD-WV''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Capacity planning adjustment.--
       ``(A) In general.--Beginning with fiscal year 2024, the 
     Secretary shall, in addition to the adjustment under 
     paragraph (1), further increase the fee revenue and fees 
     under this section for a fiscal year, in accordance with this 
     paragraph, to reflect changes in the resource capacity needs 
     of the Secretary for human generic drug activities.
       ``(B) Capacity planning methodology.--The Secretary shall 
     establish a capacity planning methodology for purposes of 
     this paragraph, which shall--
       ``(i) be derived from the methodology and recommendations 
     made in the report titled `Independent Evaluation of the 
     GDUFA Resource Capacity Planning Adjustment Methodology: 
     Evaluation and Recommendations' announced in the Federal 
     Register on August 3, 2020 (85 Fed. Reg. 46658); and
       ``(ii) incorporate approaches and attributes determined 
     appropriate by the Secretary, including approaches and 
     attributes made in such report, except that in incorporating 
     such approaches and attributes the workload categories used 
     in forecasting resources shall only be the workload 
     categories specified in section VIII.B.2.e. of the letters 
     described in section 3001(b) of the Generic Drug User Fee 
     Amendments of 2022.
       ``(C) Limitations.--
       ``(i) In general.--Under no circumstances shall an 
     adjustment under this paragraph result in fee revenue for a 
     fiscal year that is less than the sum of the amounts under 
     subsection (b)(1)(B)(ii) (the base revenue amount for the 
     fiscal year) and paragraph (1) (the dollar amount of the 
     inflation adjustment for the fiscal year).
       ``(ii) Additional limitation.--An adjustment under this 
     paragraph shall not exceed 3 percent of the sum described in 
     clause (i) for the fiscal year, except that such limitation 
     shall be 4 percent if--

       ``(I) for purposes of a fiscal year 2024 adjustment, the 
     Secretary determines that during the period from April 1, 
     2021, through March 31, 2023--

       ``(aa) the total number of abbreviated new drug 
     applications submitted was greater than or equal to 2,000; or
       ``(bb) thirty-five percent or more of abbreviated new drug 
     applications submitted related to complex products (as that 
     term is defined in section XI of the letters described in 
     section 3001(b) of the Generic Drug User Fee Amendments of 
     2022);

       ``(II) for purposes of a fiscal year 2025 adjustment, the 
     Secretary determines that during the period from April 1, 
     2022, through March 31, 2024--

       ``(aa) the total number of abbreviated new drug 
     applications submitted was greater than or equal to 2,300; or
       ``(bb) thirty-five percent or more of abbreviated new drug 
     applications submitted related to complex products (as so 
     defined);

       ``(III) for purposes of a fiscal year 2026 adjustment, the 
     Secretary determines that during the period from April 1, 
     2023, through March 31, 2025--

       ``(aa) the total number of abbreviated new drug 
     applications submitted was greater than or equal to 2,300; or
       ``(bb) thirty-five percent or more of abbreviated new drug 
     applications submitted related to complex products (as so 
     defined); and

       ``(IV) for purposes of a fiscal year 2027 adjustment, the 
     Secretary determines that during the period from April 1, 
     2024, through March 31, 2026--

       ``(aa) the total number of abbreviated new drug 
     applications submitted was greater than or equal to 2,300; or
       ``(bb) thirty-five percent or more of abbreviated new drug 
     applications submitted related to complex products (as so 
     defined).
       ``(D) Publication in federal register.--The Secretary shall 
     publish in the Federal Register notice referred to in 
     subsection (a) the fee revenue and fees resulting from the 
     adjustment and the methodology under this paragraph.
       ``(3) Operating reserve adjustment.--
       ``(A) In general.--For fiscal year 2024 and each subsequent 
     fiscal year, the Secretary may, in addition to adjustments 
     under paragraphs (1) and (2), further increase the fee 
     revenue and fees under this section for such fiscal year if 
     such an adjustment is necessary to provide operating reserves 
     of carryover user fees for human generic drug activities for 
     not more than the number of weeks specified in subparagraph 
     (B) with respect to that fiscal year.
       ``(B) Number of weeks.--The number of weeks specified in 
     this subparagraph is--
       ``(i) 8 weeks for fiscal year 2024;
       ``(ii) 9 weeks for fiscal year 2025; and
       ``(iii) 10 weeks for each of fiscal year 2026 and 2027.
       ``(C) Decrease.--If the Secretary has carryover balances 
     for human generic drug activities in excess of 12 weeks of 
     the operating reserves referred to in subparagraph (A), the 
     Secretary shall decrease the fee revenue and fees referred to 
     in such subparagraph to provide for not more than 12 weeks of 
     such operating reserves.
       ``(D) Rationale for adjustment.--If an adjustment under 
     this paragraph is made, the rationale for the amount of the 
     increase or decrease (as applicable) in fee revenue and fees 
     shall be contained in the annual Federal Register notice 
     under subsection (a) publishing the fee revenue and fees for 
     the fiscal year involved.''.
       (d) Annual Fee Setting.--Section 744B(d)(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42(d)(1)) is 
     amended--
       (1) in the paragraph heading, by striking ``2018 through 
     2022'' and inserting ``2023 through 2027''; and
       (2) by striking ``more than 60 days before the first day of 
     each of fiscal years 2018 through 2022'' and inserting 
     ``later than 60 days before the first day of each of fiscal 
     years 2023 through 2027''.
       (e) Effect of Failure to Pay Fees.--The heading of 
     paragraph (3) of section 744B(g) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379j-42(g)) is amended by 
     striking ``and prior approval supplement fee''.
       (f) Crediting and Availability of Fees.--Section 744B(i)(3) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
     42(i)(3)) is amended by striking ``fiscal years 2018 through 
     2022'' and inserting ``fiscal years 2023 through 2027''.

[[Page S5107]]

  


     SEC. 3003. REAUTHORIZATION; REPORTING REQUIREMENTS.

       Section 744C of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 379j-43) is amended--
       (1) in subsection (a)(1), by striking ``Beginning with 
     fiscal year 2018, not'' and inserting ``Not'';
       (2) by striking ``Generic Drug User Fee Amendments of 
     2017'' each place it appears and inserting ``Generic Drug 
     User Fee Amendments of 2022'';
       (3) in subsection (a)(2), by striking ``Not later than 30 
     calendar days after the end of the second quarter of fiscal 
     year 2018, and not later than 30 calendar days after the end 
     of each quarter of each fiscal year thereafter'' and 
     inserting ``Not later than 30 calendar days after the end of 
     each quarter of each fiscal year for which fees are collected 
     under this part'';
       (4) in subsection (a)(3), by striking ``Beginning with 
     fiscal year 2020, the'' and inserting ``The'';
       (5) in subsection (b), by striking ``Beginning with fiscal 
     year 2018, not'' and inserting ``Not'';
       (6) in subsection (c), by striking ``Beginning with fiscal 
     year 2018, for'' and inserting ``For''; and
       (7) in subsection (f)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``fiscal year 2022'' and inserting ``fiscal 
     year 2027''; and
       (B) in paragraph (5), by striking ``January 15, 2022'' and 
     inserting ``January 15, 2027''.

     SEC. 3004. SUNSET DATES.

       (a) Authorization.--Sections 744A and 744B of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41; 379j-42) 
     shall cease to be effective October 1, 2027.
       (b) Reporting Requirements.--Section 744C of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-43) shall cease 
     to be effective January 31, 2028.
       (c) Previous Sunset Provision.--Effective October 1, 2022, 
     subsections (a) and (b) of section 305 of the FDA 
     Reauthorization Act of 2017 (Public Law 115-52) are repealed.

     SEC. 3005. EFFECTIVE DATE.

       The amendments made by this title shall take effect on 
     October 1, 2022, or the date of the enactment of this Act, 
     whichever is later, except that fees under part 7 of 
     subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379j-41 et seq.) shall be assessed 
     for all abbreviated new drug applications received on or 
     after October 1, 2022, regardless of the date of the 
     enactment of this Act.

     SEC. 3006. SAVINGS CLAUSE.

       Notwithstanding the amendments made by this title, part 7 
     of subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379j-41 et seq.), as in effect on the 
     day before the date of the enactment of this title, shall 
     continue to be in effect with respect to abbreviated new drug 
     applications (as defined in such part as of such day) that 
     were received by the Food and Drug Administration within the 
     meaning of section 505(j)(5)(A) of such Act (21 U.S.C. 
     355(j)(5)(A)), prior approval supplements that were 
     submitted, and drug master files for Type II active 
     pharmaceutical ingredients that were first referenced on or 
     after October 1, 2017, but before October 1, 2022, with 
     respect to assessing and collecting any fee required by such 
     part for a fiscal year prior to fiscal year 2023.

       TITLE IV--FEES RELATING TO BIOSIMILAR BIOLOGICAL PRODUCTS

     SEC. 4001. SHORT TITLE; FINDING.

       (a) Short Title.--This title may be cited as the 
     ``Biosimilar User Fee Amendments of 2022''.
       (b) Finding.--Congress finds that the fees authorized by 
     the amendments made by this title will be dedicated to 
     expediting the process for the review of biosimilar 
     biological product applications, including postmarket safety 
     activities, as set forth in the goals identified for purposes 
     of part 8 of subchapter C of chapter VII of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 379j-51 et seq.), in the 
     letters from the Secretary of Health and Human Services to 
     the Chairman of the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Chairman of the Committee 
     on Energy and Commerce of the House of Representatives, as 
     set forth in the Congressional Record.

     SEC. 4002. DEFINITIONS.

       (a) Adjustment Factor.--Section 744G(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-51(1)) is 
     amended to read as follows:
       ``(1) The term `adjustment factor' applicable to a fiscal 
     year is the Consumer Price Index for urban consumers 
     (Washington-Arlington-Alexandria, DC-VA-MD-WV; Not Seasonally 
     Adjusted; All items) for September of the preceding fiscal 
     year divided by such Index for September 2011.''.
       (b) Biosimilar Biological Product Application.--Section 
     744G(4)(B)(iii) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 379j-51(4)(B)(iii)) is amended--
       (1) by striking subclause (II) (relating to an allergenic 
     extract product); and
       (2) by redesignating subclauses (III) and (IV) as 
     subclauses (II) and (III), respectively.

     SEC. 4003. AUTHORITY TO ASSESS AND USE BIOSIMILAR BIOLOGICAL 
                   PRODUCT FEES.

       (a) Types of Fees.--
       (1) In general.--The matter preceding paragraph (1) in 
     section 744H(a) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 379j-52(a)) is amended by striking ``fiscal year 
     2018'' and inserting ``fiscal year 2023''.
       (2) Initial biosimilar biological product development 
     fee.--Clauses (iv)(I) and (v)(II) of section 744H(a)(1)(A) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
     52(a)(1)(A)) are each amended by striking ``5 days'' and 
     inserting ``7 days''.
       (3) Annual biosimilar biological product development fee.--
     Section 744H(a)(1)(B) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 379j-52(a)(1)(B)) is amended--
       (A) in clause (i), by inserting before the period at the 
     end the following: ``, except that, in the case that such 
     product (including, where applicable, ownership of the 
     relevant investigational new drug application) is transferred 
     to a licensee, assignee, or successor of such person, and 
     written notice of such transfer is provided to the Secretary, 
     such licensee, assignee, or successor shall pay the annual 
     biosimilar biological product development fee'';
       (B) in clause (iii)--
       (i) in subclause (I), by striking ``or'' at the end;
       (ii) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:

       ``(III) been administratively removed from the biosimilar 
     biological product development program for the product under 
     subparagraph (E)(v).''; and

       (C) in clause (iv), by striking ``is accepted for filing on 
     or after October 1 of such fiscal year'' and inserting ``is 
     subsequently accepted for filing''.
       (4) Reactivation fee.--Section 744H(a)(1)(D) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(a)(1)(D)) is 
     amended to read as follows:
       ``(D) Reactivation fee.--
       ``(i) In general.--A person that has discontinued 
     participation in the biosimilar biological product 
     development program for a product under subparagraph (C), or 
     who has been administratively removed from such program for a 
     product under subparagraph (E)(v), shall, if the person seeks 
     to resume participation in such program, pay all annual 
     biosimilar biological product development fees previously 
     assessed for such product and still owed and a fee (referred 
     to in this section as `reactivation fee') by the earlier of 
     the following:

       ``(I) Not later than 7 days after the Secretary grants a 
     request by such person for a biosimilar biological product 
     development meeting for the product (after the date on which 
     such participation was discontinued or the date of 
     administrative removal, as applicable).
       ``(II) Upon the date of submission (after the date on which 
     such participation was discontinued or the date of 
     administrative removal, as applicable) by such person of an 
     investigational new drug application describing an 
     investigation that the Secretary determines is intended to 
     support a biosimilar biological product application for that 
     product.

       ``(ii) Application of annual fee.--A person that pays a 
     reactivation fee for a product shall pay for such product, 
     beginning in the next fiscal year, the annual biosimilar 
     biological product development fee under subparagraph (B), 
     except that, in the case that such product (including, where 
     applicable, ownership of the relevant investigational new 
     drug application) is transferred to a licensee, assignee, or 
     successor of such person, and written notice of such transfer 
     is provided to the Secretary, such licensee, assignee, or 
     successor shall pay the annual biosimilar biological product 
     development fee.''.
       (5) Effect of failure to pay fees.--Section 744H(a)(1)(E) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
     52(a)(1)(E)) is amended by adding at the end the following:
       ``(v) Administrative removal from the biosimilar biological 
     product development program.--If a person has failed to pay 
     an annual biosimilar biological product development fee for a 
     product as required under subparagraph (B) for a period of 2 
     consecutive fiscal years, the Secretary may administratively 
     remove such person from the biosimilar biological product 
     development program for the product. At least 30 days prior 
     to administratively removing a person from the biosimilar 
     biological product development program for a product under 
     this clause, the Secretary shall provide written notice to 
     such person of the intended administrative removal.''.
       (6) Biosimilar biological product application fee.--Section 
     744H(a)(2)(D) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 379j-52(a)(2)(D)) is amended by inserting after ``or 
     was withdrawn'' the following: ``prior to approval''.
       (7) Biosimilar biological product program fee.--Section 
     744H(a)(3) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 379j-52(a)(3)) is amended--
       (A) in subparagraph (A)--
       (i) in clause (i), by striking ``and'' at the end;
       (ii) by redesignating clause (ii) as clause (iii); and
       (iii) by inserting after clause (i) the following:
       ``(ii) may be dispensed only under prescription pursuant to 
     section 503(b); and''; and
       (B) by adding at the end the following:
       ``(E) Movement to discontinued list.--
       ``(i) Date of inclusion.--If a written request to place a 
     product on the list referenced in subparagraph (A) of 
     discontinued biosimilar biological products is submitted to 
     the Secretary on behalf of an applicant,

[[Page S5108]]

     and the request identifies the date the product is, or will 
     be, withdrawn from sale, then for purposes of assessing the 
     biosimilar biological product program fee, the Secretary 
     shall consider such product to have been included on such 
     list on the later of--

       ``(I) the date such request was received; or
       ``(II) if the product will be withdrawn from sale on a 
     future date, such future date when the product is withdrawn 
     from sale.

       ``(ii) Treatment as withdrawn from sale.--For purposes of 
     clause (i), a product shall be considered withdrawn from sale 
     once the applicant has ceased its own distribution of the 
     product, whether or not the applicant has ordered recall of 
     all previously distributed lots of the product, except that a 
     routine, temporary interruption in supply shall not render a 
     product withdrawn from sale.
       ``(iii) Special rule for products removed from discontinued 
     list.--If a biosimilar biological product that is identified 
     in a biosimilar biological product application approved as of 
     October 1 of a fiscal year appears, as of October 1 of such 
     fiscal year, on the list referenced in subparagraph (A) of 
     discontinued biosimilar biological products, and on any 
     subsequent day during such fiscal year the biosimilar 
     biological product does not appear on such list, except as 
     provided in subparagraph (D), each person who is named as the 
     applicant in a biosimilar biological product application with 
     respect to such product shall pay the annual biosimilar 
     biological product program fee established for a fiscal year 
     under subsection (c)(5) for such biosimilar biological 
     product. Notwithstanding subparagraph (B), such fee shall be 
     due on the last business day of such fiscal year and shall be 
     paid only once for each such product for each fiscal year.''.
       (8) Biosimilar biological product fee.--Section 744H(a) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
     52(a)) is amended by striking paragraph (4).
       (b) Fee Revenue Amounts.--Subsection (b) of section 744H of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52) 
     is amended--
       (1) by striking paragraph (1);
       (2) by redesignating paragraphs (2) through (4) as 
     paragraphs (1) through (3), respectively;
       (3) by amending paragraph (1) (as so redesignated) to read 
     as follows:
       ``(1) In general.--For each of the fiscal years 2023 
     through 2027, fees under subsection (a) shall, except as 
     provided in subsection (c), be established to generate a 
     total revenue amount equal to the sum of--
       ``(A) the annual base revenue for the fiscal year (as 
     determined under paragraph (3));
       ``(B) the dollar amount equal to the inflation adjustment 
     for the fiscal year (as determined under subsection (c)(1));
       ``(C) the dollar amount equal to the strategic hiring and 
     retention adjustment (as determined under subsection (c)(2));
       ``(D) the dollar amount equal to the capacity planning 
     adjustment for the fiscal year (as determined under 
     subsection (c)(3));
       ``(E) the dollar amount equal to the operating reserve 
     adjustment for the fiscal year, if applicable (as determined 
     under subsection (c)(4));
       ``(F) for fiscal year 2023 an additional amount of 
     $4,428,886; and
       ``(G) for fiscal year 2024 an additional amount of 
     $320,569.'';
       (4) in paragraph (2) (as so redesignated)--
       (A) in the paragraph heading, by striking ``; limitations 
     on fee amounts'';
       (B) by striking subparagraph (B); and
       (C) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (5) by amending paragraph (3) (as so redesignated) to read 
     as follows:
       ``(3) Annual base revenue.--For purposes of paragraph (1), 
     the dollar amount of the annual base revenue for a fiscal 
     year shall be--
       ``(A) for fiscal year 2023, $43,376,922; and
       ``(B) for fiscal years 2024 through 2027, the dollar amount 
     of the total revenue amount established under paragraph (1) 
     for the previous fiscal year, excluding any adjustments to 
     such revenue amount under subsection (c)(4).''.
       (c) Adjustments; Annual Fee Setting.--Section 744H(c) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
     52(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking 
     ``subsection (b)(2)(B)'' and inserting ``subsection 
     (b)(1)(B)''; and
       (ii) in clause (i), by striking ``subsection (b)'' and 
     inserting ``subsection (b)(1)(A)''; and
       (B) in subparagraph (B)(ii), by striking ``Washington-
     Baltimore, DC-MD-VA-WV'' and inserting ``Washington-
     Arlington-Alexandria, DC-VA-MD-WV'';
       (2) by striking paragraphs (2) through (4) and inserting 
     the following:
       ``(2) Strategic hiring and retention adjustment.--For each 
     fiscal year, after the annual base revenue under subsection 
     (b)(1)(A) is adjusted for inflation in accordance with 
     paragraph (1), the Secretary shall further increase the fee 
     revenue and fees by $150,000.
       ``(3) Capacity planning adjustment.--
       ``(A) In general.--For each fiscal year, the Secretary 
     shall, in addition to the adjustments under paragraphs (1) 
     and (2), further adjust the fee revenue and fees under this 
     section for a fiscal year to reflect changes in the resource 
     capacity needs of the Secretary for the process for the 
     review of biosimilar biological product applications.
       ``(B) Methodology.--For purposes of this paragraph, the 
     Secretary shall employ the capacity planning methodology 
     utilized by the Secretary in setting fees for fiscal year 
     2021, as described in the notice titled `Biosimilar User Fee 
     Rates for Fiscal Year 2021' published in the Federal Register 
     on August 4, 2020 (85 Fed. Reg. 47220). The workload 
     categories used in applying such methodology in forecasting 
     shall include only the activities described in that notice 
     and, as feasible, additional activities that are directly 
     related to the direct review of biosimilar biological product 
     applications and supplements, including additional formal 
     meeting types, the direct review of postmarketing commitments 
     and requirements, the direct review of risk evaluation and 
     mitigation strategies, and the direct review of annual 
     reports for approved biosimilar biological products. Subject 
     to the exceptions in the preceding sentence, the Secretary 
     shall not include as workload categories in applying such 
     methodology in forecasting any non-core review activities, 
     including those activities that the Secretary referenced for 
     potential future use in such notice but did not utilize in 
     setting fees for fiscal year 2021.
       ``(C) Limitations.--Under no circumstances shall an 
     adjustment under this paragraph result in fee revenue for a 
     fiscal year that is less than the sum of the amounts under 
     subsections (b)(1)(A) (the annual base revenue for the fiscal 
     year), (b)(1)(B) (the dollar amount of the inflation 
     adjustment for the fiscal year), and (b)(1)(C) (the dollar 
     amount of the strategic hiring and retention adjustment).
       ``(D) Publication in federal register.--The Secretary shall 
     publish in the Federal Register notice under paragraph (5) 
     the fee revenue and fees resulting from the adjustment and 
     the methodologies under this paragraph.
       ``(4) Operating reserve adjustment.--
       ``(A) Increase.--For fiscal year 2023 and subsequent fiscal 
     years, the Secretary shall, in addition to adjustments under 
     paragraphs (1), (2), and (3), further increase the fee 
     revenue and fees if such an adjustment is necessary to 
     provide for at least 10 weeks of operating reserves of 
     carryover user fees for the process for the review of 
     biosimilar biological product applications.
       ``(B) Decrease.--
       ``(i) Fiscal year 2023.--For fiscal year 2023, if the 
     Secretary has carryover balances for such process in excess 
     of 33 weeks of such operating reserves, the Secretary shall 
     decrease such fee revenue and fees to provide for not more 
     than 33 weeks of such operating reserves.
       ``(ii) Fiscal year 2024.--For fiscal year 2024, if the 
     Secretary has carryover balances for such process in excess 
     of 27 weeks of such operating reserves, the Secretary shall 
     decrease such fee revenue and fees to provide for not more 
     than 27 weeks of such operating reserves.
       ``(iii) Fiscal year 2025 and subsequent fiscal years.--For 
     fiscal year 2025 and subsequent fiscal years, if the 
     Secretary has carryover balances for such process in excess 
     of 21 weeks of such operating reserves, the Secretary shall 
     decrease such fee revenue and fees to provide for not more 
     than 21 weeks of such operating reserves.
       ``(C) Federal register notice.--If an adjustment under 
     subparagraph (A) or (B) is made, the rationale for the amount 
     of the increase or decrease (as applicable) in fee revenue 
     and fees shall be contained in the annual Federal Register 
     notice under paragraph (5)(B) establishing fee revenue and 
     fees for the fiscal year involved.''; and
       (3) in paragraph (5), in the matter preceding subparagraph 
     (A), by striking ``2018'' and inserting ``2023''.
       (d) Crediting and Availability of Fees.--Subsection (f)(3) 
     of section 744H of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 379j-52(f)(3)) is amended by striking ``2018 
     through 2022'' and inserting ``2023 through 2027''.
       (e) Written Requests for Waivers and Returns; Disputes 
     Concerning Fees.--Section 744H(h) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379j-52(h)) is amended to read as 
     follows:
       ``(h) Written Requests for Waivers and Returns; Disputes 
     Concerning Fees.--To qualify for consideration for a waiver 
     under subsection (d), or for the return of any fee paid under 
     this section, including if the fee is claimed to have been 
     paid in error, a person shall submit to the Secretary a 
     written request justifying such waiver or return and, except 
     as otherwise specified in this section, such written request 
     shall be submitted to the Secretary not later than 180 days 
     after such fee is due. A request submitted under this 
     paragraph shall include any legal authorities under which the 
     request is made.''.

     SEC. 4004. REAUTHORIZATION; REPORTING REQUIREMENTS.

       Section 744I of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 379j-53) is amended--
       (1) in subsection (a)(1), by striking ``Beginning with 
     fiscal year 2018, not'' and inserting ``Not'';
       (2) by striking ``Biosimilar User Fee Amendments of 2017'' 
     each place it appears and inserting ``Biosimilar User Fee 
     Amendments of 2022'';
       (3) in subsection (a)(2), by striking ``Beginning with 
     fiscal year 2018, the'' and inserting ``The'';
       (4) in subsection (a)(3)(A), by striking ``Not later than 
     30 calendar days after the end of the second quarter of 
     fiscal year 2018, and not later than 30 calendar days after 
     the end

[[Page S5109]]

     of each quarter of each fiscal year thereafter'' and 
     inserting ``Not later than 30 calendar days after the end of 
     each quarter of each fiscal year for which fees are collected 
     under this part'';
       (5) in subsection (b), by striking ``Not later than 120 
     days after the end of fiscal year 2018 and each subsequent 
     fiscal year for which fees are collected under this part'' 
     and inserting ``Not later than 120 days after the end of each 
     fiscal year for which fees are collected under this part'';
       (6) in subsection (c), by striking ``Beginning with fiscal 
     year 2018, and for'' and inserting ``For''; and
       (7) in subsection (f)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``fiscal year 2022'' and inserting ``fiscal 
     year 2027''; and
       (B) in paragraph (3), by striking ``January 15, 2022'' and 
     inserting ``January 15, 2027''.

     SEC. 4005. SUNSET DATES.

       (a) Authorization.--Sections 744G and 744H of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-51, 379j-52) 
     shall cease to be effective October 1, 2027.
       (b) Reporting Requirements.--Section 744I of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-53) shall cease 
     to be effective January 31, 2028.
       (c) Previous Sunset Provision.--Effective October 1, 2022, 
     subsections (a) and (b) of section 405 of the FDA 
     Reauthorization Act of 2017 (Public Law 115-52) are repealed.

     SEC. 4006. EFFECTIVE DATE.

       The amendments made by this title shall take effect on 
     October 1, 2022, or the date of the enactment of this Act, 
     whichever is later, except that fees under part 8 of 
     subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379j-51 et seq.) shall be assessed 
     for all biosimilar biological product applications received 
     on or after October 1, 2022, regardless of the date of the 
     enactment of this Act.

     SEC. 4007. SAVINGS CLAUSE.

       Notwithstanding the amendments made by this title, part 8 
     of subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379j-51 et seq.), as in effect on the 
     day before the date of the enactment of this title, shall 
     continue to be in effect with respect to biosimilar 
     biological product applications and supplements (as defined 
     in such part as of such day) that were accepted by the Food 
     and Drug Administration for filing on or after October 1, 
     2017, but before October 1, 2022, with respect to assessing 
     and collecting any fee required by such part for a fiscal 
     year prior to fiscal year 2023.

              TITLE V--REAUTHORIZATION OF OTHER PROVISIONS

     SEC. 5001. REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR 
                   CHILDREN PROGRAM.

       Section 409I(d)(1) of the Public Health Service Act (42 
     U.S.C. 284m(d)(1)) is amended by striking ``$25,000,000 for 
     each of fiscal years 2018 through 2022'' and inserting 
     ``$5,273,973 for the period beginning on October 1, 2022 and 
     ending on December 16, 2022''.

     SEC. 5002. REAUTHORIZATION OF THE HUMANITARIAN DEVICE 
                   EXEMPTION INCENTIVE.

       Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 360j(m)(6)(A)(iv)) is amended by 
     striking ``October 1'' and inserting ``December 17''.

     SEC. 5003. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA 
                   PROGRAM.

       Section 305(e) of the Food and Drug Administration 
     Amendments Act of 2007 (Public Law 110-85; 42 U.S.C. 282 
     note) is amended by striking ``$5,250,000 for each of fiscal 
     years 2018 through 2022'' and inserting ``$1,107,534 for the 
     period beginning on October 1, 2022, and ending on December 
     16, 2022''.

     SEC. 5004. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS 
                   CONTAINING SINGLE ENANTIOMERS.

       Section 505(u)(4) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 355(u)(4)) is amended by striking ``October 
     1'' and inserting ``December 17''.

     SEC. 5005. REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-
                   PRIVATE PARTNERSHIP.

       Section 566(f) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 360bbb-5(f)) is amended by striking ``$6,000,000 
     for each of fiscal years 2018 through 2022'' and inserting 
     ``$1,265,753 for the period beginning on October 1, 2022 and 
     ending on December 16, 2022''.

     SEC. 5006. REAUTHORIZATION OF ORPHAN DRUG GRANTS.

       Section 5(c) of the Orphan Drug Act (21 U.S.C. 360ee(c)) is 
     amended by striking ``$30,000,000 for each of fiscal years 
     2018 through 2022'' and inserting ``$6,328,767 for the period 
     beginning on October 1, 2022, and ending on December 16, 
     2022''.

     SEC. 5007. REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.

       Section 704(g)(11) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 374(g)(11)) is amended by striking ``October 
     1'' and inserting ``December 17''.

     SEC. 5008. REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED 
                   TO PENDING GENERIC DRUG APPLICATIONS AND 
                   PRIORITY REVIEW APPLICATIONS.

       Section 807 of the FDA Reauthorization Act of 2017 (Public 
     Law 115-52) is amended, in the matter preceding paragraph 
     (1), by striking ``October 1'' and inserting ``December 16''.

       DIVISION G--HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE ACT

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Hermit's Peak/Calf 
     Canyon Fire Assistance Act''.

     SEC. 102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) on April 6, 2022, the Forest Service initiated the Las 
     Dispensas-Gallinas prescribed burn on Federal land in the 
     Santa Fe National Forest in San Miguel County, New Mexico, 
     when erratic winds were prevalent in the area that was also 
     suffering from severe drought after many years of 
     insufficient precipitation;
       (2) on April 6, 2022, the prescribed burn, which became 
     known as the ``Hermit's Peak Fire'', exceeded the containment 
     capabilities of the Forest Service, was declared a wildfire, 
     and spread to other Federal and non-Federal land;
       (3) on April 19, 2022, the Calf Canyon Fire, also in San 
     Miguel County, New Mexico, began burning on Federal land and 
     was later identified as the result of a pile burn in January 
     2022 that remained dormant under the surface before 
     reemerging;
       (4) on April 27, 2022, the Hermit's Peak Fire and the Calf 
     Canyon Fire merged, and both fires were reported as the 
     Hermit's Peak Fire or the Hermit's Peak/Calf Canyon Fire, 
     which shall be referred to hereafter as the Hermit's Peak/
     Calf Canyon Fire;
       (5) by May 2, 2022, the fire had grown in size and caused 
     evacuations in multiple villages and communities in San 
     Miguel County and Mora County, including in the San Miguel 
     county jail, the State's psychiatric hospital, the United 
     World College, and New Mexico Highlands University;
       (6) on May 4, 2022, the President issued a major disaster 
     declaration for the counties of Colfax, Mora, and San Miguel, 
     New Mexico;
       (7) on May 20, 2022, U.S. Forest Service Chief Randy Moore 
     ordered a 90-day review of prescribed burn policies to reduce 
     the risk of wildfires and ensure the safety of the 
     communities involved;
       (8) the U.S. Forest Service has assumed responsibility for 
     the Hermit's Peak/Calf Canyon Fire;
       (9) the fire resulted in the loss of Federal, State, local, 
     Tribal, and private property; and
       (10) the United States should compensate the victims of the 
     Hermit's Peak/Calf Canyon Fire.
       (b) Purposes.--The purposes of this Act are--
       (1) to compensate victims of the Hermit's Peak/Calf Canyon 
     Fire, for injuries resulting from the fire; and
       (2) to provide for the expeditious consideration and 
     settlement of claims for those injuries.

     SEC. 103. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means--
       (A) the Administrator of the Federal Emergency Management 
     Agency; or
       (B) if a Manager is appointed under section 104(a)(3), the 
     Manager.
       (2) Hermit's peak/calf canyon fire.--The term ``Hermit's 
     Peak/Calf Canyon Fire'' means--
       (A) the fire resulting from the initiation by the Forest 
     Service of a prescribed burn in the Santa Fe National Forest 
     in San Miguel County, New Mexico, on April 6, 2022;
       (B) the pile burn holdover resulting from the prescribed 
     burn by the Forest Service, which reemerged on April 19, 
     2022; and
       (C) the merger of the two fires described in subparagraphs 
     (A) and (B), reported as the Hermit's Peak Fire or the 
     Hermit's Peak Fire/Calf Canyon Fire.
       (3) Indian tribe.--The term ``Indian Tribe'' means the 
     recognized governing body of any Indian or Alaska Native 
     Tribe, band, nation, pueblo, village, community, component 
     band, or component reservation individually identified 
     (including parenthetically) in the list published most 
     recently as of the date of enactment of this Act pursuant to 
     section 104 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. 5131).
       (4) Injured person.--The term ``injured person'' means--
       (A) an individual, regardless of the citizenship or alien 
     status of the individual; or
       (B) an Indian Tribe, corporation, Tribal corporation, 
     partnership, company, association, county, township, city, 
     State, school district, or other non-Federal entity 
     (including a legal representative) that suffered injury 
     resulting from the Hermit's Peak/Calf Canyon Fire.
       (5) Injury.--The term ``injury'' has the same meaning as 
     the term ``injury or loss of property, or personal injury or 
     death'' as used in section 1346(b)(1) of title 28, United 
     States Code.
       (6) Manager.--The term ``Manager'' means an Independent 
     Claims Manager appointed under section 104(a)(3).
       (7) Office.--The term ``Office'' means the Office of 
     Hermit's Peak/Calf Canyon Fire Claims established by section 
     104(a)(2).
       (8) Tribal entity.--The term ``Tribal entity'' includes any 
     Indian Tribe, tribal organization, Indian-controlled 
     organization serving Indians, Native Hawaiian organization, 
     or Alaska Native entity, as such terms are defined or used in 
     section 166 of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3221).

     SEC. 104. COMPENSATION FOR VICTIMS OF HERMIT'S PEAK/CALF 
                   CANYON FIRE.

       (a) In General.--

[[Page S5110]]

       (1) Compensation.--Each injured person shall be eligible to 
     receive from the United States compensation for injury 
     suffered by the injured person as a result of the Hermit's 
     Peak/Calf Canyon Fire, subject to the availability of 
     appropriations and subject to the Administrator making the 
     determinations required under subsection (d).
       (2) Office of hermit's peak/calf canyon fire claims.--
       (A) In general.--There is established within the Federal 
     Emergency Management Agency an Office of Hermit's Peak/Calf 
     Canyon Fire Claims.
       (B) Purpose.--The Office shall receive, process, and pay 
     claims in accordance with this Act.
       (C) Funding.--The Office--
       (i) shall be funded from funds made available to the 
     Administrator for carrying out this section;
       (ii) may appoint and fix the compensation of such temporary 
     personnel as may be necessary, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in competitive service; and
       (iii) may reimburse other Federal agencies for claims 
     processing support and assistance.
       (3) Option to appoint independent claims manager.--The 
     Administrator may appoint an Independent Claims Manager to--
       (A) head the Office; and
       (B) assume the duties of the Administrator under this Act.
       (4) Detail.--Upon the request of the Administrator, the 
     head of any Federal department or agency may detail, on a 
     reimbursable basis, any of the personnel of that department 
     or agency to the Federal Emergency Management Agency to 
     assist the Agency in carrying out the duties under this Act.
       (b) Submission of Claims.--Not later than 2 years after the 
     date on which regulations are first promulgated under 
     subsection (f), an injured person may submit to the 
     Administrator a written claim for 1 or more injuries suffered 
     by the injured person in accordance with such requirements as 
     the Administrator determines to be appropriate.
       (c) Investigation of Claims.--
       (1) In general.--In accordance with subsection (d), the 
     Administrator shall, on behalf of the United States, 
     investigate, consider, ascertain, adjust, determine, grant, 
     deny, or settle any claim for money damages asserted under 
     subsection (b).
       (2) Applicability of state law.--Except as otherwise 
     provided in this Act, the laws of the State of New Mexico 
     shall apply to the calculation of damages under subsection 
     (d)(4).
       (3) Extent of damages.--Any payment under this Act--
       (A) shall be limited to actual compensatory damages 
     measured by injuries suffered; and
       (B) shall not include--
       (i) interest before settlement or payment of a claim; or
       (ii) punitive damages.
       (d) Payment of Claims.--
       (1) Determination and payment of amount.--
       (A) In general.--
       (i) Payment.--Not later than 180 days after the date on 
     which a claim is submitted under this Act, the Administrator 
     shall determine and fix the amount, if any, to be paid for 
     the claim.
       (ii) Priority.--The Administrator, to the maximum extent 
     practicable, shall pay subrogation claims submitted under 
     this Act only after paying claims submitted by injured 
     parties that are not insurance companies seeking payment as 
     subrogees.
       (B) Parameters of determination.--In determining and 
     settling a claim under this Act, the Administrator shall 
     determine only--
       (i) whether the claimant is an injured person;
       (ii) whether the injury that is the subject of the claim 
     resulted from the Hermit's Peak/Calf Canyon Fire;
       (iii) whether the person or persons are otherwise eligible 
     to receive any amount determined under clause (iv); and
       (iv) whether sufficient funds are available for payment 
     and, if so, the amount, if any, to be allowed and paid under 
     this Act.
       (C) Insurance and other benefits.--
       (i) In general.--In determining the amount of, and paying, 
     a claim under this Act, to prevent recovery by a claimant in 
     excess of actual compensatory damages, the Administrator 
     shall reduce the amount to be paid for the claim by an amount 
     that is equal to the total of insurance benefits (excluding 
     life insurance benefits) or other payments or settlements of 
     any nature that were paid, or will be paid, with respect to 
     the claim.
       (ii) Government loans.--This subparagraph shall not apply 
     to the receipt by a claimant of any government loan that is 
     required to be repaid by the claimant.
       (2) Partial payment.--
       (A) In general.--At the request of a claimant, the 
     Administrator may make 1 or more advance or partial payments, 
     subject to the determination required under paragraph (1)(B), 
     before the final settlement of a claim, including final 
     settlement on any portion or aspect of a claim that is 
     determined to be severable.
       (B) Judicial decision.--If a claimant receives a partial 
     payment on a claim under this Act, but further payment on the 
     claim is subsequently denied by the Administrator, the 
     claimant may--
       (i) seek judicial review under subsection (i); and
       (ii) keep any partial payment that the claimant received, 
     unless the Administrator determines that the claimant--

       (I) was not eligible to receive the compensation; or
       (II) fraudulently procured the compensation.

       (3) Rights of insurer or other third party.--If an insurer 
     or other third party pays any amount to a claimant to 
     compensate for an injury described in subsection (a), the 
     insurer or other third party shall be subrogated to any right 
     that the claimant has to receive any payment under this Act 
     or any other law.
       (4) Allowable damages.--
       (A) Loss of property.--A claim that is paid for loss of 
     property under this Act may include otherwise uncompensated 
     damages resulting from the Hermit's Peak/Calf Canyon Fire 
     for--
       (i) an uninsured or underinsured property loss;
       (ii) a decrease in the value of real property;
       (iii) damage to physical infrastructure, including 
     irrigation infrastructure such as acequia systems;
       (iv) a cost resulting from lost subsistence from hunting, 
     fishing, firewood gathering, timbering, grazing, or 
     agricultural activities conducted on land damaged by the 
     Hermit's Peak/Calf Canyon Fire;
       (v) a cost of reforestation or revegetation on Tribal or 
     non-Federal land, to the extent that the cost of 
     reforestation or revegetation is not covered by any other 
     Federal program; and
       (vi) any other loss that the Administrator determines to be 
     appropriate for inclusion as loss of property.
       (B) Business loss.--A claim that is paid for injury under 
     this Act may include damages resulting from the Hermit's 
     Peak/Calf Canyon Fire for the following types of otherwise 
     uncompensated business loss:
       (i) Damage to tangible assets or inventory, including 
     natural resources.
       (ii) Business interruption losses.
       (iii) Overhead costs.
       (iv) Employee wages for work not performed.
       (v) Loss of business net income.
       (vi) Any other loss that the Administrator determines to be 
     appropriate for inclusion as business loss.
       (C) Financial loss.--A claim that is paid for injury under 
     this Act may include damages resulting from the Hermit's 
     Peak/Calf Canyon Fire for the following types of otherwise 
     uncompensated financial loss:
       (i) Increased mortgage interest costs.
       (ii) An insurance deductible.
       (iii) A temporary living or relocation expense.
       (iv) Lost wages or personal income.
       (v) Emergency staffing expenses.
       (vi) Debris removal and other cleanup costs.
       (vii) Costs of reasonable efforts, as determined by the 
     Administrator, to reduce the risk of wildfire, flood, or 
     other natural disaster in the counties impacted by the 
     Hermit's Peak/Calf Canyon Fire to risk levels prevailing in 
     those counties before the Hermit's Peak/Calf Canyon Fire, 
     that are incurred not later than the date that is 3 years 
     after the date on which the regulations under subsection (f) 
     are first promulgated.
       (viii) A premium for flood insurance that is required to be 
     paid on or before May 31, 2024, if, as a result of the 
     Hermit's Peak/Calf Canyon Fire, a person that was not 
     required to purchase flood insurance before the Hermit's 
     Peak/Calf Canyon Fire is required to purchase flood 
     insurance.
       (ix) A disaster assistance loan received from the Small 
     Business Administration.
       (x) Any other loss that the Administrator determines to be 
     appropriate for inclusion as financial loss.
       (e) Acceptance of Award.--The acceptance by a claimant of 
     any payment under this Act, except an advance or partial 
     payment made under subsection (d)(2), shall--
       (1) be final and conclusive on the claimant, with respect 
     to all claims arising out of or relating to the same subject 
     matter; and
       (2) constitute a complete release of all claims against the 
     United States (including any agency or employee of the United 
     States) under chapter 171 of title 28, United States Code 
     (commonly known as the ``Federal Tort Claims Act''), or any 
     other Federal or State law, arising out of or relating to the 
     same subject matter.
       (f) Regulations and Public Information.--
       (1) Regulations.--Notwithstanding any other provision of 
     law, not later than 45 days after the date of enactment of 
     this Act, the Administrator shall promulgate and publish in 
     the Federal Register interim final regulations for the 
     processing and payment of claims under this Act.
       (2) Public information.--
       (A) In general.--At the time at which the Administrator 
     promulgates regulations under paragraph (1), the 
     Administrator shall publish, online and in print, in 
     newspapers of general circulation in the State of New Mexico, 
     a clear, concise, and easily understandable explanation, in 
     English and Spanish, of--
       (i) the rights conferred under this Act; and
       (ii) the procedural and other requirements of the 
     regulations promulgated under paragraph (1).
       (B) Dissemination through other media.--The Administrator 
     shall disseminate the explanation published under 
     subparagraph (A)

[[Page S5111]]

     through websites, blogs, social media, brochures, pamphlets, 
     radio, television, and other media that the Administrator 
     determines are likely to reach prospective claimants.
       (g) Consultation.--In administering this Act, the 
     Administrator shall consult with the Secretary of the 
     Interior, the Secretary of Energy, the Secretary of 
     Agriculture, the Administrator of the Small Business 
     Administration, other Federal agencies, and State, local, and 
     Tribal authorities, as determined to be necessary by the 
     Administrator, to--
       (1) ensure the efficient administration of the claims 
     process; and
       (2) provide for local concerns.
       (h) Election of Remedy.--
       (1) In general.--An injured person may elect to seek 
     compensation from the United States for 1 or more injuries 
     resulting from the Hermit's Peak/Calf Canyon Fire by--
       (A) submitting a claim under this Act;
       (B) filing a claim or bringing a civil action under chapter 
     171 of title 28, United States Code (commonly known as the 
     ``Federal Tort Claims Act''); or
       (C) bringing an authorized civil action under any other 
     provision of law.
       (2) Effect of election.--In accordance with subsection (e), 
     an election by an injured person to seek compensation in any 
     manner described in paragraph (1) shall be final and 
     conclusive on the claimant with respect to all injuries 
     resulting from the Hermit's Peak/Calf Canyon Fire that are 
     suffered by the claimant upon acceptance of an award.
       (3) Arbitration.--
       (A) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Administrator shall establish by 
     regulation procedures under which a dispute regarding a claim 
     submitted under this Act may be settled by arbitration.
       (B) Arbitration as remedy.--On establishment of arbitration 
     procedures under subparagraph (A), an injured person that 
     submits a disputed claim under this Act may elect to settle 
     the claim through arbitration.
       (C) Binding effect.--An election by an injured person to 
     settle a claim through arbitration under this paragraph 
     shall--
       (i) be binding; and
       (ii) preclude any exercise by the injured person of the 
     right to judicial review of a claim described in subsection 
     (i).
       (4) No effect on entitlements.--The value of compensation 
     that may be provided under this Act shall not be considered 
     income or resources for any purpose under any Federal, State, 
     or local laws, including laws relating to taxation, welfare, 
     and public assistance programs, and no State or political 
     subdivision thereof shall decrease any assistance otherwise 
     provided to an injured person because of the receipt of 
     benefits under this Act.
       (i) Judicial Review.--
       (1) In general.--Any claimant aggrieved by a final decision 
     of the Administrator under this Act may, not later than 60 
     days after the date on which the decision is issued, bring a 
     civil action in the United States District Court for the 
     District of New Mexico, to modify or set aside the decision, 
     in whole or in part.
       (2) Record.--The court shall hear a civil action under 
     paragraph (1) on the record made before the Administrator.
       (3) Standard.--The decision of the Administrator 
     incorporating the findings of the Administrator shall be 
     upheld if the decision is supported by substantial evidence 
     on the record considered as a whole.
       (j) Attorney's and Agent's Fees.--
       (1) In general.--No attorney or agent, acting alone or in 
     combination with any other attorney or agent, shall charge, 
     demand, receive, or collect, for services rendered in 
     connection with a claim submitted under this Act, fees in 
     excess of the limitations established under section 2678 of 
     title 28, United States Code.
       (2) Violation.--An attorney or agent who violates paragraph 
     (1) shall be fined not more than $10,000.
       (k) Waiver of Requirement for Matching Funds.--
       (1) State and local project.--
       (A) In general.--Notwithstanding any other provision of 
     law, a State or local project that is determined by the 
     Administrator to be carried out in response to the Hermit's 
     Peak/Calf Canyon Fire under any Federal program that applies 
     to an area affected by the Hermit's Peak/Calf Canyon Fire 
     shall not be subject to any requirement for State or local 
     matching funds to pay the cost of the project under the 
     Federal program.
       (B) Federal share.--The Federal share of the costs of a 
     project described in subparagraph (A) shall be 100 percent.
       (2) Other needs program assistance.--Notwithstanding 
     section 408(g)(2) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5174(g)(2)), for any 
     emergency or major disaster declared by the President under 
     that Act for the Hermit's Peak/Calf Canyon Fire, the Federal 
     share of assistance provided under that section shall be 100 
     percent.
       (3) Agricultural program assistance.--
       (A) In general.--Notwithstanding any other provision of 
     law, a State, local, or individual project that is determined 
     by the Secretary of Agriculture to be carried out in response 
     to the Hermit's Peak/Calf Canyon Fire under any Federal 
     program that applies to an area affected by the Hermit's 
     Peak/Calf Canyon Fire shall not be subject to any requirement 
     for State, local, or individual matching funds to pay the 
     cost of the project under the Federal program.
       (B) Federal share.--The Federal share of the costs of a 
     project described in subparagraph (A) shall be 100 percent.
       (l) Applicability of Debt Collection Requirements.--Section 
     3711(a) of title 31, United States Code, shall not apply to 
     any payment under this Act, unless--
       (1) there is evidence of civil or criminal fraud, 
     misrepresentation, presentation of a false claim; or
       (2) a claimant was not eligible under subsection (d)(2) of 
     this Act to any partial payment.
       (m) Indian Compensation.--Notwithstanding any other 
     provision of law, in the case of an Indian Tribe, a Tribal 
     entity, or a member of an Indian Tribe that submits a claim 
     under this Act--
       (1) the Bureau of Indian Affairs shall have no authority 
     over, or any trust obligation regarding, any aspect of the 
     submission of, or any payment received for, the claim;
       (2) the Indian Tribe, Tribal entity, or member of an Indian 
     Tribe shall be entitled to proceed under this Act in the same 
     manner and to the same extent as any other injured person; 
     and
       (3) except with respect to land damaged by the Hermit's 
     Peak/Calf Canyon Fire that is the subject of the claim, the 
     Bureau of Indian Affairs shall have no responsibility to 
     restore land damaged by the Hermit's Peak/Calf Canyon Fire.
       (n) Report.--Not later than 1 year after the date of 
     promulgation of regulations under subsection (f)(1), and 
     annually thereafter, the Administrator shall submit to 
     Congress a report that describes the claims submitted under 
     this Act during the year preceding the date of submission of 
     the report, including, for each claim--
       (1) the amount claimed;
       (2) a brief description of the nature of the claim; and
       (3) the status or disposition of the claim, including the 
     amount of any payment under this Act.
       (o) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this Act.
                                 ______
                                 
  SA 5746. Mr. CORNYN (for himself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. STRATEGY TO ENHANCE COOPERATION WITH CANADA AND 
                   MEXICO WITH RESPECT TO THE RESILIENCY OF NORTH 
                   AMERICAN SUPPLY CHAINS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the United States Trade 
     Representative, in consultation with the Secretary of State, 
     the Secretary of Commerce, the Commissioner of U.S. Customs 
     and Border Protection, and the heads of other relevant 
     agencies, shall submit to the appropriate congressional 
     committees a strategy for how the United States will work 
     with the governments of Canada and Mexico to improve the 
     resiliency of North American supply chains, including by 
     reducing overdependence on, and concentration of critical 
     supply chains in, countries that are foreign adversaries of 
     the United States.
       (b) Elements.--The strategy required by subsection (a) 
     shall--
       (1) include a summary of initiatives carried out with 
     counterparts in Canada and Mexico to enhance cooperation 
     between the United States, Canada, and Mexico with respect to 
     supply chain resiliency, including through the USMCA (as 
     defined in section 3 of the United States-Mexico-Canada 
     Agreement Implementation Act (19 U.S.C. 4502));
       (2) identify critical sectors for which cooperation with 
     Canada and Mexico can strengthen the resiliency of supply 
     chains; and
       (3) identify challenges to improving the resiliency of 
     supply chains.
       (c) Consultations.--Not later than one year after the date 
     of enactment of this Act, the United States Trade 
     Representative shall consult with the appropriate 
     congressional committees regarding the development and 
     implementation of the strategy required by subsection (a).
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives.

                          ____________________