[Congressional Record Volume 168, Number 195 (Thursday, December 15, 2022)]
[Senate]
[Pages S7237-S7242]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 FURTHER CONTINUING APPROPRIATIONS AND EXTENSIONS ACT, 2023--Continued

  The PRESIDING OFFICER. The pending business is now the message with 
respect to H.R. 1437.
  The Senator from Utah.
  Mr. LEE. Mr. President, I ask unanimous consent that the following 
Senators be permitted to speak prior to

[[Page S7238]]

the votes in relation to H.R. 1437: Senator Lee for 5 minutes and 
Senator Scott for 1 minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.


         Motion to Concur with Amendment No. 6541, as modified

  Mr. LEE. Mr. President, I move to concur in the House amendment to 
the Senate amendment to H.R. 1437, with amendment numbered 6541, as 
modified, with the changes at the desk.
  The PRESIDING OFFICER. The clerk will report by number.
  The senior assistant legislative clerk read as follows:

       The Senator from Utah [Mr. Lee] moves to concur in the 
     House amendment to the Senate amendment to H.R. 1437, with an 
     amendment numbered 6541, as modified.

  The amendment is as follows:

                (Purpose: In the nature of a substitute)

        In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Further Continuing 
     Appropriations and Extensions Act, 2023''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

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--FURTHER CONTINUING APPROPRIATIONS ACT, 2023

                       DIVISION B--OTHER MATTERS

Title I--Extensions
Title II--Budgetary matters

                 DIVISION C--HEALTH AND HUMAN SERVICES

Title I--Medicare and Medicaid
Title II--Human Services
Title III--Extension of FDA Authorizations
Title IV--Indian Health

                         DIVISION D--PRECIP 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 Colette Wallace McEachin, beneficiary of Aston 
     Donald McEachin, late a Representative from the Commonwealth 
     of Virginia, $174,000.

        DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2023

       Sec. 101.  The Continuing Appropriations Act, 2023 
     (division A of Public Law 117-180) is amended--
       (1) by striking the date specified in section 106(3) and 
     inserting ``March 10, 2023'';
       (2) by adding after section 157 the following new section:
       ``Sec. 158.  During the period covered by this Act, section 
     227(a) of the Federal Cybersecurity Enhancement Act of 2015 
     (6 U.S.C. 1525) shall not apply.''.
        This division may be cited as the ``Further Continuing 
     Appropriations Act, 2023''.

                       DIVISION B--OTHER MATTERS

                          TITLE I--EXTENSIONS

     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 ``December 16, 
     2022'' and inserting ``March 10, 2023''.

     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 
     ``December 16, 2022'' and inserting ``March 10, 2023''.

     SEC. 103. UNITED STATES PAROLE COMMISSION EXTENSION.

       (a) Short Title.--This section may be cited as the ``United 
     States Parole Commission Further 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 130 
     days'' or ``35-year and 130-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), as 
     amended by section 104 of division C of the Continuing 
     Appropriations and Ukraine Supplemental Appropriations Act, 
     2023 is amended by striking ``December 16, 2022'' each place 
     it appears and inserting ``March 10, 2023''.

                      TITLE II--BUDGETARY MATTERS

     SEC. 201. PAYGO REPORT.

       Notwithstanding subsection (a) of section 5 of the 
     Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934), the 
     Office of Management and Budget shall make publicly available 
     the annual PAYGO report required under such subsection for 
     2022 and prepare any order required under subsection (b) of 
     such section not later than March 11, 2023.

                 DIVISION C--HEALTH AND HUMAN SERVICES

                     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 ``December 17, 2022'' and inserting ``March 
     11, 2023'';
       (2) in subparagraph (C)(i)--
       (A) in the matter preceding subclause (I), by striking 
     ``December 16, 2022'' and inserting ``March 10, 2023'';
       (B) in subclause (III), by striking ``December 16, 2022'' 
     and inserting ``March 10, 2023''; and
       (C) in subclause (IV), by striking ``December 17, 2022'' 
     and inserting ``March 11, 2023''; and
       (3) in subparagraph (D)--
       (A) in the matter preceding clause (i), by striking 
     ``December 16, 2022'' and inserting ``March 10, 2023''; and
       (B) in clause (ii), by striking ``December 16, 2022'' and 
     inserting ``March 10, 2023''.
       (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 
                   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 ``December 17, 2022'' and 
     inserting ``March 11, 2023''; and
       (2) in clause (ii)(II), by striking ``December 17, 2022'' 
     and inserting ``March 11, 2023''.
       (b) Conforming Amendments.--
       (1) Extension of target amounts.--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 
     ``December 17, 2022'' and inserting ``March 11, 2023''; and
       (B) in clause (iv), by striking ``December 16, 2022'' and 
     inserting ``March 10, 2023''.
       (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 
     ``December 16, 2022'' and inserting ``March 10, 2023''.

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

       Section 1905(ff) of the Social Security Act (42 U.S.C. 
     1396d(ff)) is amended--
       (1) in paragraph (2), by striking ``December 16, 2022'' and 
     inserting ``March 10, 2023''; and
       (2) in paragraph (3), by striking ``December 16, 2022'' and 
     inserting ``March 10, 2023''.

     SEC. 104. MEDICARE IMPROVEMENT FUND.

       Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
     1395iii(b)(1)) is amended by striking ``$7,308,000,000'' and 
     inserting ``$7,278,000,000''.

                        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 March 10, 2023, 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 March 10, 2023, 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--EXTENSION OF FDA AUTHORIZATIONS

     SEC. 301. 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 ``$1,265,753 
     for the period beginning on October 1, 2022 and ending on 
     December 16, 2022'' and inserting ``$2,646,574 for the period 
     beginning on October 1, 2022 and ending on March 10, 2023''.

     SEC. 302. 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 ``$5,273,973 for 
     the period beginning on October 1, 2022 and ending on 
     December 16, 2022'' and inserting ``$11,027,398 for the 
     period beginning on October 1, 2022 and ending on March 10, 
     2023''.

     SEC. 303. 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 ``December 17, 2022'' and inserting ``March 11, 
     2023''.

     SEC. 304. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA 
                   PROGRAM.

       Section 305(e) of the Pediatric Medical Device Safety and 
     Improvement Act of 2007

[[Page S7239]]

     (Public Law 110-85; 42 U.S.C. 282 note) is amended by 
     striking ``$1,107,534 for the period beginning on October 1, 
     2022, and ending on December 16, 2022'' and inserting 
     ``$2,315,753 for the period beginning on October 1, 2022 and 
     ending on March 10, 2023''.

     SEC. 305. 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 ``December 
     17, 2022'' and inserting ``March 11, 2023''.

     SEC. 306. 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 ``December 
     17, 2022'' and inserting ``March 11, 2023''.

     SEC. 307. REAUTHORIZATION OF ORPHAN DRUG GRANTS.

       Section 5(c) of the Orphan Drug Act (21 U.S.C. 360ee(c)) is 
     amended by striking ``$6,328,767 for the period beginning on 
     October 1, 2022, and ending on December 16, 2022'' and 
     inserting ``$13,232,876 for the period beginning on October 
     1, 2022 and ending on March 10, 2023''.

     SEC. 308. 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 ``December 16, 2022'' and inserting ``March 
     10, 2023''.

     SEC. 309. 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 ``December 17, 
     2022'' and inserting ``March 11, 2023''.

                        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 ``December 16, 2022'' and inserting 
     ``March 11, 2023''.

                         DIVISION D--PRECIP ACT

     SEC. 1. SHORT TITLE.

       This Act may be cited as the ``Providing Research and 
     Estimates of Changes In Precipitation Act'' or the ``PRECIP 
     Act''.

     SEC. 2. AMENDMENT TO THE WEATHER RESEARCH AND FORECASTING 
                   INNOVATION ACT OF 2017 RELATING TO IMPROVING 
                   FEDERAL PRECIPITATION INFORMATION.

       (a) In General.--The Weather Research and Forecasting 
     Innovation Act of 2017 (15 U.S.C. 8501 et seq.) is amended by 
     adding at the end the following:

        ``TITLE VI--IMPROVING FEDERAL PRECIPITATION INFORMATION

     ``SEC. 601. STUDY ON PRECIPITATION ESTIMATION.

       ``(a) In General.--Not later than 90 days after the date of 
     enactment of the PRECIP Act, the Administrator, in 
     consultation with other Federal agencies as appropriate, 
     shall seek to enter an agreement with the National 
     Academies--
       ``(1) to conduct a study on the state of practice and 
     research needs for precipitation estimation, including 
     probable maximum precipitation estimation; and
       ``(2) to submit, not later than 24 months after the date on 
     which such agreement is finalized, to the Committee on 
     Science, Space, and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate, and make publicly available on 
     a website, a report on the results of the study under 
     paragraph (1).
       ``(b) Study.--The report under subsection (a) shall include 
     the following:
       ``(1) An examination of the current state of practice for 
     precipitation estimation at scales appropriate for 
     decisionmaker needs, and rationale for further evolution of 
     this field.
       ``(2) An evaluation of best practices for precipitation 
     estimation that are based on the best-available science, 
     include considerations of non-stationarity, and can be 
     utilized by the user community.
       ``(3) A framework for--
       ``(A) the development of a National Guidance Document for 
     estimating extreme precipitation in future conditions; and
       ``(B) evaluation of the strengths and challenges of the 
     full spectrum of approaches, including for probable maximum 
     precipitation studies.
       ``(4) A description of existing research needs in the field 
     of precipitation estimation in order to modernize current 
     methodologies and consider non-stationarity.
       ``(5) A description of in-situ, airborne, and space-based 
     observation requirements, that could enhance precipitation 
     estimation and development of models, including an 
     examination of the use of geographic information systems and 
     geospatial technology for integration, analysis, and 
     visualization of precipitation data.
       ``(6) A recommended plan for a Federal research and 
     development program, including specifications for costs, 
     timeframes, and responsible agencies for addressing 
     identified research needs.
       ``(7) An analysis of the respective roles in precipitation 
     estimation of various Federal agencies, academia, State, 
     tribal, territorial, and local governments, and other public 
     and private stakeholders.
       ``(8) Recommendations for data management to promote long-
     term needs such as enabling retrospective analyses and data 
     discoverability, interoperability, and reuse.
       ``(9) Recommendations for how data and services from the 
     entire enterprise can be best leveraged by the Federal 
     Government.
       ``(10) A description of non-Federal precipitation data, its 
     accessibility by the Federal Government, and ways for 
     National Oceanic and Atmospheric Administration to improve or 
     expand such datasets.
       ``(c) Authorization of Appropriations.--There is authorized 
     $1,500,000 to the National Oceanic and Atmospheric 
     Administration to carry out this study.

     ``SEC. 602. IMPROVING PROBABLE MAXIMUM PRECIPITATION 
                   ESTIMATES.

       ``(a) In General.--Not later than 90 days after the date on 
     which the National Academies makes public the report under 
     section 601, the Administrator, in consideration of the 
     report recommendations, shall consult with relevant partners, 
     including users of the data, on the development of a plan 
     to--
       ``(1) not later than 6 years after the completion of such 
     report and not less than every 10 years thereafter, update 
     probable maximum precipitation estimates for the United 
     States, such that each update considers non-stationarity;
       ``(2) coordinate with partners to conduct research in the 
     field of extreme precipitation estimation, in accordance with 
     the research needs identified in such report;
       ``(3) make publicly available, in a searchable, 
     interoperable format, all probable maximum precipitation 
     studies developed by the National Oceanic and Atmospheric 
     Administration that the Administrator has the legal right to 
     redistribute and deemed to be at an appropriate state of 
     development on an internet website of the National Oceanic 
     and Atmospheric Administration; and
       ``(4) ensure all probable maximum precipitation estimate 
     data, products, and supporting documentation and metadata 
     developed by the National Oceanic and Atmospheric 
     Administration are preserved, curated, and served by the 
     National Oceanic and Atmospheric Administration, as 
     appropriate.
       ``(b) National Guidance Document for the Development of 
     Probable Maximum Precipitation Estimates.--The Administrator, 
     in collaboration with Federal agencies, State, territorial, 
     Tribal and local governments, academia, and other partners 
     the Administrator deems appropriate, shall develop a National 
     Guidance Document that--
       ``(1) provides best practices that can be followed by 
     Federal and State regulatory agencies, private meteorological 
     consultants, and other users that perform probable maximum 
     precipitation studies;
       ``(2) considers the recommendations provided in the 
     National Academies study under section 601;
       ``(3) facilitates review of probable maximum precipitation 
     studies by regulatory agencies; and
       ``(4) provides confidence in regional and site-specific 
     probable maximum precipitation estimates.
       ``(c) Publication.--Not later than 2 years after the date 
     on which the National Academies makes public the report under 
     section 601, the Administrator shall make publicly available 
     the National Guidance Document under subsection (b) on an 
     internet website of the National Oceanic and Atmospheric 
     Administration.
       ``(d) Updates.--The Administrator shall update the National 
     Guidance Document not less than once every 10 years after the 
     publication of the National Guidance Document under 
     subsection (c) and publish such updates in accordance with 
     such subsection.

     ``SEC. 603. DEFINITIONS.

       `` In this title:
       ``(1) Administrator.--The term `Administrator' means the 
     Under Secretary of Commerce for Oceans and Atmosphere and 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) National academies.--The term `National Academies' 
     means the National Academies of Sciences, Engineering, and 
     Medicine.
       ``(3) United states.--The term `United States' means, 
     collectively, each State of the United States, the District 
     of Columbia, the Commonwealth of Puerto Rico, American Samoa, 
     Guam, the Commonwealth of the Northern Mariana Islands, the 
     Virgin Islands of the United States, and any other territory 
     or possession of the United States.''.
       (b) Conforming Amendment.--Section 1(b) of the Weather 
     Research and Forecasting Innovation Act of 2017 (15 U.S.C. 
     8501 note) is amended in the table of contents by adding at 
     the end the following:

        ``TITLE VI--IMPROVING FEDERAL PRECIPITATION INFORMATION

``Sec. 601. Study on precipitation estimation.
``Sec. 602. Improving probable maximum precipitation estimates.
``Sec. 603. Definitions.''.

  The PRESIDING OFFICER. The Senator from Utah.
  Mr. LEE. Mr. President, we find ourselves back in the same place. It 
is like deja vu all over again. We have been through this process year 
after year. I have been here 12 years, and it seems more often than 
not, we are in a very similar circumstance.
  We are just a few days away from Christmas, and we are being asked to

[[Page S7240]]

move the deadline for the expiration of government funding, potentially 
leading to a shutdown even closer to Christmas. Today, we are being 
asked to move it to the day before Christmas Eve.
  Obviously, we need to keep the government funded. We don't want a 
shutdown. No one wants a shutdown. A shutdown would be particularly bad 
at this time of year. It would be horrible for our constituents, people 
who rely on the government for a paycheck or for this or that program. 
It would all be bad, and we all feel the weight of that.
  We also feel the weight, as we approach Christmas, of wanting to be 
able to make good on our promises to our families to spend the holidays 
with them rather than here in Washington.
  As a result of that, every year, knowing this, there seem to be 
people who want to make sure that all spending decisions are wrapped 
into one spending bill. Very often, those are wrapped together in one 
omnibus spending package and then held off until a day or two--
sometimes just hours--before the government is set to shut down.
  That is when the magic happens. But it is not good magic; it is 
really bad magic. That is when these twin threats of sacrificing 
Christmas on the one hand or running into a government shutdown on the 
other hand--they operate like paired scissor blades to cut through what 
would otherwise be an insurmountable task. And that task involves 
convincing Senators to vote for a bill 3,000-plus pages long--likely 
this year containing 7,500 or so earmarks--a bill that they have never 
seen; a bill that does not, as we speak right now, exist without ever 
having seen it.
  We all know that this is wrong. We all know that this is a corrupt 
way to run a government. This is a corrupt process that brings about 
all kinds of special interest giveaways. And in the absence of the 
light of day, they pass with the threat--the extorted threat--of a 
government shutdown or canceling Christmas--Members end up voting for 
that which they know they have no business supporting.
  That is why my amendment is simple. My amendment simply gives us the 
flexibility to make these decisions not under duress, to make these 
decisions with clarity of mind and not influenced by this dual threat 
of a shutdown and cancellation of Christmas.
  Now, look, whether you are for this omnibus bill that has yet to come 
into existence, that has yet to make a public appearance to see the 
light of day--whether you are for it or against it, you should support 
my amendment, because if you support my amendment, you are just giving 
us more flexibility.
  The American people deserve nothing less than to allow us to make 
decisions consciously, knowingly, under the light of day, with clarity 
of mind, and not under duress. That is what my amendment affords them, 
extending this out to March 10.
  The PRESIDING OFFICER. The Senator from Florida.


                Motion to Concur with Amendment No. 6540

  Mr. SCOTT of Florida. Mr. President, I move to concur in the House 
amendment to the Senate amendment to H.R. 1437 with amendment No. 6540.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Florida [Mr. Scott] moves to concur in the 
     House amendment to the Senate amendment to H.R. 1437 with an 
     amendment numbered 6540.

  The amendment is as follows:

 (Purpose: To rescind certain funding provided to the Internal Revenue 
   Service under section 10301 of Public Law 117-169 and to protect 
 American small businesses, gig workers, and freelancers by repealing 
the burdensome American Rescue Plan Act of 2021 transactions reporting 
                               threshold)

       At the end, add the following:

      DIVISION E--INTERNAL REVENUE SERVICE AND TAX ADMINISTRATION

     SEC. 101. RESCISSION OF CERTAIN FUNDS FOR ENHANCED INTERNAL 
                   REVENUE SERVICE RESOURCES.

       Effective on the date of enactment of this Act, the 
     unobligated balances of the amounts made available under the 
     following provisions of Public Law 117-169 are rescinded:
       (1) Internal revenue service enforcement funds.--Section 
     10301(1)(A)(ii).
       (2) Internal revenue service operations support.--Section 
     10301(1)(A)(iii).

     SEC. 102. REPEAL OF MODIFICATIONS OF EXCEPTIONS FOR REPORTING 
                   OF THIRD PARTY NETWORK TRANSACTIONS.

       (a) In General.--Section 6050W(e) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(e) Exception for De Minimis Payments by Third Party 
     Settlement Organizations.--A third party settlement 
     organization shall be required to report any information 
     under subsection (a) with respect to third party network 
     transactions of any participating payee only if--
       ``(1) the amount which would otherwise be reported under 
     subsection (a)(2) with respect to such transactions exceeds 
     $20,000, and
       ``(2) the aggregate number of such transactions exceeds 
     200.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to returns for calendar years beginning after 
     December 31, 2021.

  Mr. SCOTT of Florida. Mr. President, everyone in this Chamber spoke 
about the pain American families are feeling as they deal with the 
raging inflation brought on by Joe Biden's reckless spending, so it was 
shocking to many of us when Senate Democrats approved $70 billion to 
supersize the IRS with 87,000 new agents. That means more audits on 
families and small businesses just as they struggle to get by thanks to 
skyrocketing prices.
  What is worse, the Biden administration is also changing IRS 
standards to begin tracking financial transactions Americans make in 
excess of $600 to vendors like Cash App and Venmo and PayPal. It is an 
outrageous violation of Americans' privacy. It is stuff we see in 
communist China.
  That is why I filed an amendment to strike the funding for the new 
IRS agents to prevent the IRS from spying on your bank accounts.
  I urge my colleagues to protect Americans' privacy, stop the 
ridiculous audits on families, and support my amendment.
  I yield back my time.
  The PRESIDING OFFICER. There is now 2 minutes of debate prior to a 
vote in relation to the Scott amendment. That time is equally divided.
  Mr. SCOTT of Florida. I yield back.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Mr. President, colleagues, I would strongly urge 
opposition to the Scott motion. The Scott motion would strip funding 
the IRS needs very much to go after wealthy tax cheats who are refusing 
to pay taxes they already owe. The most recent IRS Commissioner, a 
Republican appointee, estimated that the amount of taxes owed that are 
not collected could be as much as $1 trillion per year.
  Working Americans--firefighters and nurses--who pay their taxes with 
every paycheck believe that the IRS must have the resources it needs to 
go after the sophisticated, wealthy tax cheats at the top, but powerful 
special interests who don't want to pay what they already owe are lying 
to the American people about how the additional IRS funding will be 
used.
  I urge my colleagues to strongly oppose the Scott motion.
  Mr. SCOTT of Florida. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.


                        Vote on Motion to Concur

  The question occurs on agreeing to the motion to concur with the 
Scott amendment.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Arizona (Mr. Kelly) is 
necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from Missouri (Mr. Blunt), the 
Senator from North Carolina (Mr. Burr), the Senator from Texas (Mr. 
Cruz), the Senator from Tennessee (Mr. Hagerty), the Senator from 
Alaska (Ms. Murkowski), and the Senator from North Carolina (Mr. 
Tillis).
  Further, if present and voting the Senator from Alaska (Ms. 
Murkowski) would have voted ``yea.''
  The result was announced--yeas 45, nays 47, as follows:

                      [Rollcall Vote No. 397 Leg.]

                                YEAS--45

     Blackburn
     Boozman
     Braun
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis

[[Page S7241]]


     Marshall
     McConnell
     Moran
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shelby
     Sinema
     Sullivan
     Tester
     Thune
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--47

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Smith
     Stabenow
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--8

     Barrasso
     Blunt
     Burr
     Cruz
     Hagerty
     Kelly
     Murkowski
     Tillis
  The PRESIDING OFFICER. On this vote, the yeas are 45, the nays are 
47.
  The 60-vote threshold having not been achieved, the motion to concur 
is not agreed to.
  The motion was rejected.


                Motion to Concur with Amendment No. 6451

  The PRESIDING OFFICER. There are now 2 minutes of debate prior to a 
vote in relation to the Lee motion.
  The Senator from Utah.
  Mr. LEE. Mr. President, we will be voting in a moment on my 
amendment. Again, this amendment is something that everyone in this 
Chamber should be able to support, whether you like the omnibus or 
whether you hate the omnibus. The Senate should be in a position to be 
able to review the omnibus with a clear head without the pressure of an 
imminent threat at Christmastime of a shutdown. The American people 
deserve this, and so do we. This is the only way to make this right. I 
encourage all of you to vote for my amendment.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, a continuing resolution to March 10 is 
short-sighted and wholly unnecessary. It imperils our national 
security, and it ignores the real pain and consequences of inflation.
  Without funding from a full-year omnibus appropriations bill, the 
NDAA we passed this evening is a broken promise, the bipartisan PACT 
Act goes underfunded, and VA medical care falls at least $7.5 billion 
short.
  While some of my colleagues are quick to raise the alarm about our 
southern border, a CR into March does nothing to address the influx of 
migrants at our border now. It does nothing to help communities ravaged 
by drought, hurricanes, flooding and fire. While families feel the pain 
of inflation, a CR into March does nothing to provide them with relief.
  We have a bipartisan, bicameral framework in place that should allow 
us to complete an omnibus appropriations bill early next week. A CR 
into March asks us to abandon our work without offering a different or 
viable alternative. I urge my colleagues to reject that proposal and 
allow us time to complete our work.


                        Vote on Motion to Concur

  The PRESIDING OFFICER. The question occurs on agreeing to the motion 
to concur with the Lee amendment.
  Mr. LEE. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Arizona (Mr. Kelly) is 
necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from Missouri (Mr. Blunt), the 
Senator from North Carolina (Mr. Burr), the Senator from Texas (Mr. 
Cruz), the Senator from Tennessee (Mr. Hagerty), the Senator from 
Kansas (Mr. Moran), the Senator from North Carolina (Mr. Tillis), and 
the Senator from South Carolina (Mr. Scott).
  The result was announced--yeas 35, nays 56, as follows:

                      [Rollcall Vote No. 398 Leg.]

                                YEAS--35

     Blackburn
     Boozman
     Braun
     Capito
     Cassidy
     Cornyn
     Cotton
     Cramer
     Crapo
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     Paul
     Risch
     Romney
     Rubio
     Sasse
     Scott (FL)
     Sullivan
     Thune
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--56

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Inhofe
     Kaine
     King
     Klobuchar
     Leahy
     Lujan
     Manchin
     Markey
     McConnell
     Menendez
     Merkley
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Rosen
     Rounds
     Sanders
     Schatz
     Schumer
     Shaheen
     Shelby
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--9

     Barrasso
     Blunt
     Burr
     Cruz
     Hagerty
     Kelly
     Moran
     Scott (SC)
     Tillis
  The motion was rejected.
  The PRESIDING OFFICER. Under the previous order, the motion to refer 
and the motion to concur with amendments are withdrawn.
  There are now 2 minutes equally divided prior to the vote on the 
motion to concur.
  The majority leader.
  Mr. SCHUMER. Mr. President, we haven't had a single government 
shutdown during the entire 117th Congress, and thanks to this weeklong 
extension today, we are not starting now.
  Today's 1-week continuing resolution will keep the government open 
long enough to give our appropriators a chance to finish their work on 
a yearlong funding package.
  This is about taking a very simple, exceedingly responsible step to 
ensure we finish the year without hiccups and without minimal drama. A 
1-week CR will give us more time so we can keep working.
  I want to thank my colleagues on both sides of the aisle for their 
great cooperation.
  Next week, hopefully, we will finish the job, passing a package that 
will keep the government fully funded into next fall. Nobody is going 
to get everything they want, but the final product will include wins 
everyone can get behind, including passing the Electoral Count Act, 
emergency aid for Ukraine, and funding for our kids, our veterans, our 
small businesses, and our military families.
  No drama, no gridlock, no government shutdown this week, it is a win 
for the American people. I thank my colleagues for their work.
  I ask for the yeas and nays.


                        Vote on Motion to Concur

  The PRESIDING OFFICER. The question occurs on agreeing to the motion 
to concur.
  The yeas and nays have been requested.
  Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Arizona (Mr. Kelly) is 
necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from Missouri (Mr. Blunt), the 
Senator from North Carolina (Mr. Burr), the Senator from Texas (Mr. 
Cruz), the Senator from Tennessee (Mr. Hagerty), the Senator from 
Kansas (Mr. Moran), the Senator from South Carolina (Mr. Scott), the 
Senator from North Carolina (Mr. Tillis), and the Senator from 
Pennsylvania (Mr. Toomey).
  The result was announced--yeas 71, nays 19, as follows:

                      [Rollcall Vote No. 399 Leg.]

                                YEAS--71

     Baldwin
     Bennet
     Blumenthal
     Booker
     Boozman
     Brown
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Graham
     Grassley
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Hyde-Smith
     Inhofe
     Kaine
     Kennedy
     King
     Klobuchar
     Leahy
     Lujan
     Manchin
     Markey
     McConnell
     Menendez
     Merkley
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Romney
     Rosen
     Rubio

[[Page S7242]]


     Sanders
     Schatz
     Schumer
     Shaheen
     Shelby
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tuberville
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--19

     Blackburn
     Braun
     Cramer
     Crapo
     Daines
     Ernst
     Fischer
     Hawley
     Hoeven
     Johnson
     Lankford
     Lee
     Lummis
     Marshall
     Paul
     Risch
     Rounds
     Sasse
     Scott (FL)

                             NOT VOTING--10

     Barrasso
     Blunt
     Burr
     Cruz
     Hagerty
     Kelly
     Moran
     Scott (SC)
     Tillis
     Toomey
  The PRESIDING OFFICER (Ms. Baldwin). On this vote, the yeas are 71, 
the nays are 19.
  The 60-vote threshold having been achieved, the motion to concur is 
agreed to.
  The motion was agreed to.

                          ____________________