[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Pages S10062-S10065]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2023

  The PRESIDING OFFICER. The Senate will resume legislative session.
  The clerk will report the pending business.
  The legislative clerk read as follows:

       House message to accompany H.R. 2617, a bill to amend 
     section 1115 of title 31, United States Code, to amend the 
     description of how performance goals are achieved, taking 
     action on the following amendments and motions proposed 
     thereto.

  Pending:

       Schumer motion to concur in the amendment of the House to 
     the amendment of the Senate No. 4 to the bill, with Schumer 
     (for Leahy) amendment No. 6552, in the nature of a 
     substitute.
       Schumer amendment No. 6571 (to amendment No. 6552), to add 
     an effective date.
       Schumer motion to refer the message of the House on the 
     bill to the Committee on Appropriations, with instructions, 
     Schumer amendment No. 6572, to add an effective date.
       Schumer amendment No. 6573 (to the instructions (amendment 
     No. 6572) of the motion to refer), to modify the effective 
     date.
       Schumer amendment No. 6574 (to amendment No. 6573), to 
     modify the effective date.

  The PRESIDING OFFICER. The majority leader.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the 
following be the only matters remaining in order to the House message 
with respect to H.R. 2617; that the amendments be called up en bloc, 
reported by number, and considered in order: Paul, No. 6561, and a 
motion to waive; Johnson, No. 6555; Johnson, No. 6559; Sinema-Tester, 
No. 6621; Lee, No. 6563; Lee, No. 6576; Lankford, No. 6577; Braun, No. 
6569; Cassidy, No. 6558; Padilla-Cornyn, No. 6588; Graham, No. 6596; 
Merkley, No. 6595; Klobuchar-Lee, No. 6597; Gillibrand, No. 6607; 
Menendez-Cotton, No. 6617; that the Senate then proceed to the 
immediate consideration of the Scott of Florida bill that is at the 
desk; that the bill be considered read a third time and the Senate vote 
on passage of the bill; that if the bill is passed, the motion to 
reconsider be considered made and laid upon the table; that upon 
disposition of the Scott bill, the Senate resume consideration of the 
House message; further, that the Senate then vote on the motion to 
waive, if made, and in relation to the amendments in the order listed; 
that upon disposition of the amendments, the motion to refer be 
withdrawn, amendment No. 6571 be withdrawn, and the Senate then vote on 
the motion to concur in the House amendment to the Senate amendment No. 
4 to H.R. 2617 with amendment No. 6552, as amended, if amended, with 2 
minutes for debate equally divided between each vote and all votes 
after the first vote be 10-minute votes, with 60 affirmative votes 
required for passage of the Scott bill, the motion to concur with 
amendment, and the adoption of all amendments except No. 6555, No. 
6577, No. 6563, and No. 6576; finally, that if the motion to concur 
with amendment is agreed to, the motion to reconsider be considered 
made and laid upon the table, without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Order of Procedure

  Mr. SCHUMER. Mr. President, we have an agreement now. We will vote on 
all of the amendments in order and then vote on final passage. It has 
taken a while, but it is worth it. And I appreciate the cooperation of 
everyone here.
  The first vote will take a while, until the Members can assemble. But 
after that, I hope, we intend that everyone will sit in their seat and 
we vote through the amendments quickly. As we know, the storm is 
coming. We want to have people vote, get the bill done, but then be 
able to go home once we have done our work.
  So please cooperate, and no appointments far away. We are going to 
vote quickly, 10-minute votes on each, and, hopefully, Members will sit 
in their chairs.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


 Amendment Nos. 6561, 6555, 6559, 6621, 6563, 6576, 6577, 6569, 6558, 
                   6588, 6596, 6595, 6597, 6607, 6617

  The PRESIDING OFFICER. Under the previous order, the following 
amendments will be called en bloc and reported by number.
  The legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] proposes amendments 
     en bloc numbered 6561, 6555, 6559, 6621, 6563, 6576, 6577, 
     6569, 6558, 6588, 6596, 6595, 6597, 6607, 6617.



 =========================== NOTE =========================== 

  
  On page S10062, December 22, 2022, third column, the following 
appears: AMENDMENT NOS. 6561, 6555, 6569, 6621, 6563, 6576, 6577, 
6569, 6558, 6588, 6596, 6595, 6597, 6607, 6617 The PRESIDING 
OFFICER. Under the previous order, the following amendments will 
be called en bloc and reported by number. The legislative clerk 
read as follows: The Senator from New York [Mr. SCHUMER] proposes 
amendments en bloc numbered 6561, 6555, 6569, 6621, 6563, 6576, 
6577, 6569, 6558, 6588, 6596, 6595, 6597, 6607, 6617.
  
  The online Record has been corrected to read: AMENDMENT NOS. 
6561, 6555, 6559, 6621, 6563, 6576, 6577, 6569, 6558, 6588, 6596, 
6595, 6597, 6607, 6617 The PRESIDING OFFICER. Under the previous 
order, the following amendments will be called en bloc and 
reported by number. The legislative clerk read as follows: The 
Senator from New York [Mr. SCHUMER] proposes amendments en bloc 
numbered 6561, 6555, 6559, 6621, 6563, 6576, 6577, 6569, 6558, 
6588, 6596, 6595, 6597, 6607, 6617.


 ========================= END NOTE ========================= 


  The amendments are as follows:


                           amendment no. 6561

 (Purpose: To increase the voting threshold for budget points of order)

       At the appropriate place, insert the following:

     SEC. ___. VOTING THRESHOLD FOR BUDGET POINTS OF ORDER.

       (a) Definition.--In this section, the term ``covered point 
     of order'' means a point of order under the Congressional 
     Budget Act of 1974 (2 U.S.C. 621 et seq.), the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900 et seq.), the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 931 et seq.), or a concurrent resolution on the 
     budget.
       (b) Voting Threshold.--In the Senate--
       (1) a covered point of order may be waived only by the 
     affirmative vote of two-thirds of the Members, duly chosen 
     and sworn; and
       (2) an affirmative vote of two-thirds of the Members, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a covered point of order.


                           amendment no. 6555

            (Purpose: To eliminate all earmarks in the bill)

       On page 6, after line 2, add the following:

     SEC. 7. ELIMINATION OF EARMARKS.

       (a) In General.--Notwithstanding any other provision of any 
     division of this Act--
       (1) no amounts shall be made available for a purpose 
     specified in any table relating to congressionally directed 
     spending in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act), or for any congressionally directed spending in any 
     division of this Act, and each such item of congressionally 
     directed spending is null and void;
       (2) each appropriation under any division of this Act shall 
     be reduced by the amount of any allocation of such 
     appropriation for congressionally directed spending items 
     that is made null and void by paragraph (1); and
       (3) each allocation of an appropriation under any division 
     of this Act shall be reduced by the amount of any further 
     allocation of such allocation of an appropriation for 
     congressionally directed spending items that is made null and 
     void by paragraph (1).
       (b) Report.--The Director of the Office of Management and 
     Budget shall submit to Congress a report indicating the final 
     amount appropriated for each appropriation account for which 
     amounts are made available under any division of this Act and 
     the amount of each allocation of such an appropriation, as 
     reduced in accordance with subsection (a).


                           amendment no. 6559

  (Purpose: To restrict the use of Federal funds appropriated to the 
   Department of Homeland Security for the transportation of illegal 
                   aliens within the United States.)

     (The amendment is printed in today's Record under ``Text of 
     Amendments.'')


 =========================== NOTE =========================== 

  
  On page S10062, December 22, 2022, third column, the following 
appears: AMENDMENT NO. 6569 (Purpose: To eliminate a waiver of 
State immunity) Strike section ll6 (relating to a waiver of State 
immunity).
  
  The online Record has been corrected to read: AMENDMENT NO. 6559 
(Purpose: To restrict the use of Federal funds appropriated to the 
Department of Homeland Security for the transportation of illegal 
aliens within the United States.) (The amendment is printed in 
today's Record under ``Text of Amendments.'')


 ========================= END NOTE ========================= 


                           Amendment No. 6621

       (Purpose: To appropriate amounts for the Executive Office 
     for Immigration Review, U.S. Customs and Border Protection, 
     U.S. Immigration and Customs Enforcement, the

[[Page S10063]]

     Federal Emergency Management Agency, U.S. Citizenship and 
     Immigration Services, refugee and entrant assistance, and 
     other Federal agencies.)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                           amendment no. 6563

(Purpose: To prohibit the expenditure of Federal funds to terminate the 
prohibitions on entry into the United States that are commonly referred 
                            to as Title 42)

       On page 757, between lines 15 and 16, insert the following:
       Sec. 550.  None of the funds provided by this Act may be 
     obligated or expended to terminate the prohibitions on entry 
     into the United States issued pursuant to sections 362 and 
     365 of the Public Health Service Act (42 U.S.C. 265 and 268) 
     as a result of the public health emergency relating to the 
     Coronavirus Disease 2019 (COVID-19) pandemic declared under 
     section 319 of such Act (42 U.S.C. 247d) on January 31, 2020 
     (popularly known as ``Title 42'').


                           AMENDMENT No. 6576

   (Purpose: To provide for the continuation of pay and benefits for 
                       Lieutenant Ridge Alkonis)

        On page 410, after line 25, add the following:
       Sec. 8145.  The Secretary of the Navy shall continue to 
     provide pay and allowances to Lieutenant Ridge Alkonis, 
     United States Navy, until such time as the Secretary of the 
     Navy makes a determination with respect to the separation of 
     Lieutenant Alkonis from the Navy.


                           amendment no. 6577

  (Purpose: To establish a rule of construction relating to religious 
                               entities)

       Strike section __7(b) and insert the following:
       (b) Rule of Construction.--This division shall not be 
     construed to require a religious entity described in section 
     702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a)) 
     to make an accommodation that would violate the entity's 
     religion (as defined in section 701(j) of such Act (42 U.S.C. 
     2000e(j))).


                           AMENDMENT NO. 6569

           (Purpose: To eliminate a waiver of State immunity)

       Strike section __6 (relating to a waiver of State 
     immunity).


                           Amendment No. 6558

       (Purpose: To eliminate discrimination and promote women's 
     health and economic security by ensuring reasonable workplace 
     accommodations for workers whose ability to perform the 
     functions of a job are limited by pregnancy, childbirth, or a 
     related medical condition.)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                           Amendment No. 6588

       (Purpose: To amend title VI of the Social Security Act to 
     allow States and local governments to use coronavirus relief 
     funds provided under the American Rescue Plan Act for 
     infrastructure projects, improve the Local Assistance and 
     Tribal Consistency Fund, provide Tribal governments with more 
     time to use Coronavirus Relief Fund payments, and for other 
     purposes.)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                           AMENDMENT NO. 6596

    (Purpose: To authorize the transfer of the proceeds of certain 
forfeited property to help Ukraine recover from the harms caused by the 
                      ongoing Russian aggression)

        On page 1857, after line 23, add the following:
       Sec. 1708. (a) The Attorney General may transfer to the 
     Secretary of State the proceeds of any covered forfeited 
     property for use by the Secretary of State to provide 
     assistance to Ukraine to remediate the harms of Russian 
     aggression towards Ukraine. Any such transfer shall be 
     considered foreign assistance under the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), including for purposes 
     of making available the administrative authorities and 
     implementing the reporting requirements contained in that 
     Act.
       (b) Not later than 15 days after any transfers made 
     pursuant to subsection (a), the Attorney General, in 
     consultation with the Secretary of the Treasury and the 
     Secretary of State, shall submit a report describing such 
     transfers to the appropriate congressional committees.
       (c) In this section:
       (1) The term ``appropriate congressional committees'' 
     means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on the Judiciary of the House of 
     Representatives;
       (F) the Committee on Foreign Affairs of the House of 
     Representatives;
       (G) the Committee on Financial Services of the House of 
     Representatives; and
       (H) the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``covered forfeited property'' means property 
     forfeited under chapter 46 or section 1963 of title 18, 
     United States Code, which property belonged to, was possessed 
     by, or was controlled by a person subject to sanctions and 
     designated by the Secretary of the Treasury or the Secretary 
     of State, or which property was involved in an act in 
     violation of sanctions enacted pursuant to Executive Order 
     14024, and as expanded by Executive Order 14066 of March 8, 
     2022, and relied on for additional steps taken in Executive 
     Order 14039 of August 20, 2021, and Executive Order 14068 of 
     March 11, 2022.
       (d) The authority under this section shall apply to any 
     covered forfeited property forfeited on or before May 1, 
     2025.


                           Amendment No. 6595

       (Purpose: To amend the Fair Labor Standards Act of 1938 to 
     expand access to breastfeeding accommodations in the 
     workplace, and for other purposes.)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                           amendment no. 6597

                     (Purpose: To improve the bill)

       Strike division GG and insert the following:

              DIVISION GG--MERGER FILING FEE MODERNIZATION

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Merger Filing Fee 
     Modernization Act of 2022''.

  TITLE I--MODERNIZING MERGER FILING FEE COLLECTIONS; ACCOUNTABILITY 
                  REQUIREMENTS; LIMITATION ON FUNDING

     SEC. 101. MODIFICATION OF PREMERGER NOTIFICATION FILING FEES.

       Section 605 of Public Law 101-162 (15 U.S.C. 18a note) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``$45,000'' and inserting ``$30,000'';
       (ii) by striking ``$100,000,000'' and inserting 
     ``$161,500,000'';
       (iii) by striking ``2004'' and inserting ``2023''; and
       (iv) by striking ``2003'' and inserting ``2022'';
       (B) in paragraph (2)--
       (i) by striking ``$125,000'' and inserting ``$100,000'';
       (ii) by striking ``$100,000,000'' and inserting 
     ``$161,500,000'';
       (iii) by striking ``but less'' and inserting ``but is 
     less''; and
       (iv) by striking ``and'' at the end;
       (C) in paragraph (3)--
       (i) by striking ``$280,000'' and inserting ``$250,000''; 
     and
       (ii) by striking the period at the end and inserting ``but 
     is less than $1,000,000,000 (as so adjusted and 
     published);''; and
       (D) by adding at the end the following:
       ``(4) $400,000 if the aggregate total amount determined 
     under section 7A(a)(2) of the Clayton Act (15 U.S.C. 
     18a(a)(2)) is not less than $1,000,000,000 (as so adjusted 
     and published) but is less than $2,000,000,000 (as so 
     adjusted and published);
       ``(5) $800,000 if the aggregate total amount determined 
     under section 7A(a)(2) of the Clayton Act (15 U.S.C. 
     18a(a)(2)) is not less than $2,000,000,000 (as so adjusted 
     and published) but is less than $5,000,000,000 (as so 
     adjusted and published); and
       ``(6) $2,250,000 if the aggregate total amount determined 
     under section 7A(a)(2) of the Clayton Act (15 U.S.C. 
     18a(a)(2)) is not less than $5,000,000,000 (as so adjusted 
     and published).''; and
       (2) by adding at the end the following:
       ``(c)(1) For each fiscal year commencing after September 
     30, 2023, the filing fees in this section shall be increased 
     by an amount equal to the percentage increase, if any, in the 
     Consumer Price Index, as determined by the Department of 
     Labor or its successor, for the year then ended over the 
     level so established for the year ending September 30, 2022.
       ``(2) As soon as practicable, but not later than January 31 
     of each year, the Federal Trade Commission shall publish the 
     adjusted amounts required by paragraph (1).
       ``(3) The Federal Trade Commission shall not adjust amounts 
     required by paragraph (1) if the percentage increase 
     described in paragraph (1) is less than 1 percent.
       ``(4) An amount adjusted under this section shall be 
     rounded to the nearest multiple of $5,000.''.

     SEC. 102. REPORTING REQUIREMENTS FOR MERGER FEE COLLECTIONS.

       (a) FTC and DOJ Joint Report.--For each of fiscal years 
     2023 through 2027, the Federal Trade Commission and 
     Department of Justice shall jointly and annually report to 
     the Congress on the operation of section 7A of the Clayton 
     Act (15 U.S.C. 18a) and shall include in such report the 
     following:
       (1) The amount of funds made available to the Federal Trade 
     Commission and the Department of Justice, respectively, from 
     the premerger notification filing fees under this section, as 
     adjusted by the Merger Filing Fee Modernization Act of 2022, 
     as compared to the funds made available to the Federal Trade 
     Commission and the Department of Justice, respectively, from 
     premerger notification filing fees as the fees were 
     determined in fiscal year 2022.
       (2) The total revenue derived from premerger notification 
     filing fees, by tier, by the Federal Trade Commission and the 
     Department of Justice, respectively.
       (3) The gross cost of operations of the Federal Trade 
     Commission, by Budget Activity, and the Antitrust Division of 
     the Department of Justice, respectively.
       (b) FTC Report.--The Federal Trade Commission shall include 
     in the report required under subsection (a), in addition to 
     the requirements under subsection (a), for the previous 
     fiscal year--

[[Page S10064]]

       (1) for actions with respect to which the record of the 
     vote of each member of the Federal Trade Commission is on the 
     public record of the Federal Trade Commission, a list of each 
     action with respect to which the Federal Trade Commission 
     took or declined to take action on a 3 to 2 vote; and
       (2) for all actions for which the Federal Trade Commission 
     took a vote, the percentage of such actions that were decided 
     on a 3 to 2 vote.
       (c) Summary.--The Federal Trade Commission and the 
     Department of Justice shall make the report required under 
     subsection (a) available to the Committees on the Judiciary 
     of the House of Representatives and of the Senate, and shall, 
     for fiscal years 2023 through 2027, no later than July 1, 
     present a summary of the joint annual report for the 
     preceding fiscal year, including the information required in 
     subsections (a) and (b) of this section, to the Committees on 
     the Judiciary of the House of Representatives and of the 
     Senate.

        TITLE II--DISCLOSURE OF SUBSIDIES BY FOREIGN ADVERSARIES

     SEC. 201. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Foreign subsidies, which can take the form of direct 
     subsidies, grants, loans (including below-market loans), loan 
     guarantees, tax concessions, preferential government 
     procurement policies, or government ownership or control, can 
     distort the competitive process by enabling the subsidized 
     firm to submit a bid higher than other firms in the market, 
     or otherwise change the incentives of the firm in ways that 
     undermine competition following an acquisition.
       (2) Foreign subsidies are particularly problematic when 
     granted by countries or entities that constitute a strategic 
     or economic threat to United States interests.
       (3) The Made in China 2025 plan, states that the Chinese 
     Communist Party will ``support enterprises to carry out 
     mergers and acquisitions (M&A), equity investment, and 
     venture capital overseas''.
       (4) The 2020 report to Congress from the bipartisan U.S.-
     China Economic and Security Review Commission concluded that 
     the Chinese Government subsidizes companies with a goal of 
     their expanding into the United States and other countries, 
     finding that ``[t]his process assists Chinese national 
     champions in surpassing and supplanting global market 
     leaders''. The report warns that the risk is particularly 
     acute when it comes to emerging technologies, where China 
     seeks to ``surpass and displace the United States altogether 
     [and that] [f]ailure to appreciate the gravity of this 
     challenge and defend U.S. competitiveness would be dire . . . 
     [and] risks setting back U.S. economic and technological 
     progress for decades''.
       (5) In remarks before the Hudson Institute on December 8, 
     2020, FTC Commissioner Noah Phillips stated, ``[O]ne area 
     where antitrust needs to reckon with the strategic interests 
     of other nations is when we scrutinize mergers or conduct 
     involving state-owned entities . . . companies that are 
     controlled, to varying degrees, by the state . . . [and] 
     often are a government tool for implementing industrial 
     policies or to protect national security''.
       (b) Purpose.--The purpose of this section is to require 
     parties providing pre-merger notifications to include in the 
     notification required under section 7A of the Clayton Act (15 
     U.S.C. 18a) information concerning subsidies they receive 
     from countries or entities that are strategic or economic 
     threats to the United States.

     SEC. 202. MERGERS INVOLVING FOREIGN GOVERNMENT SUBSIDIES.

       (a) Definition.--In this section, the term ``foreign entity 
     of concern'' has the meaning given the term in section 40207 
     of the Infrastructure Investment and Jobs Act (42 U.S.C. 
     18741(a)).
       (b) Accounting for Foreign Government Subsidies.--A person 
     required to file a notification under section 7A of the 
     Clayton Act (15 U.S.C. 18a) that received a subsidy from a 
     foreign entity of concern shall include in such notification 
     content regarding such subsidy.
       (c) Authority of Antitrust Regulators.--The Federal Trade 
     Commission, with the concurrence of the Assistant Attorney 
     General in charge of the Antitrust Division of the Department 
     of Justice, and in consultation with the Chairperson of the 
     Committee on Foreign Investment in the United States, the 
     Secretary of Commerce, the Chair of the United States 
     International Trade Commission, the United States Trade 
     Representative, and the heads of other appropriate agencies, 
     and by rule in accordance with section 553 of title 5, United 
     States Code, shall require that the notification required 
     under subsection (b) be in such form and contain such 
     documentary material and information relevant to a proposed 
     acquisition as is necessary and appropriate to enable the 
     Federal Trade Commission and the Assistant Attorney General 
     in charge of the Antitrust Division of the Department of 
     Justice to determine whether such acquisition may, if 
     consummated, violate the antitrust laws.
       (d) Effective Date.--Subsection (b) shall take effect on 
     the date on which the rule described in subsection (c) takes 
     effect.

            TITLE III--VENUE FOR STATE ANTITRUST ENFORCEMENT

     SEC. 301. VENUE FOR STATE ANTITRUST ENFORCEMENT.

       Section 1407 of title 28, United States Code, is amended--
       (1) in subsection (g) by inserting ``or a State'' after 
     ``United States'' and striking ``; but shall not include 
     section 4A of the Act of October 15, 1914, as added July 7, 
     1955 (69 Stat. 282; 15 U.S.C. 15a)''; and
       (2) by striking subsection (h).


                           amendment no. 6607

(Purpose: To establish a World Trade Center Health Program Supplemental 
                                 Fund)

       At the end of division FF, add the following:

   TITLE VII--SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH 
                                PROGRAM

     SEC. 7701. SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER 
                   HEALTH PROGRAM.

       (a) In General.--Title XXXIII of the Public Health Service 
     Act (42 U.S.C. 300mm et seq.) is amended by adding at the end 
     the following:

     ``SEC. 3352. SUPPLEMENTAL FUND.

       ``(a) In General.--There is established a fund to be known 
     as the World Trade Center Health Program Supplemental Fund 
     (referred to in this section as the `Supplemental Fund'), 
     consisting of amounts deposited into the Fund under 
     subsection (b).
       ``(b) Amount.--Out of any money in the Treasury not 
     otherwise appropriated, there is appropriated for fiscal year 
     2023 $1,000,000,000, for deposit into the Supplemental Fund, 
     which amounts shall remain available through fiscal year 
     2032.
       ``(c) Uses of Funds.--Amounts deposited into the 
     Supplemental Fund under subsection (b) shall be available, 
     without further appropriation and without regard to any 
     spending limitation under section 3351(c), to the WTC Program 
     Administrator as needed at the discretion of such 
     Administrator, for carrying out any provision in this title, 
     including sections 3303 and 3341(c).
       ``(d) Return of Funds.--Any amounts that remain in the 
     Supplemental Fund on September 30, 2032, shall be deposited 
     into the Treasury as miscellaneous receipts.''.
       (b) Conforming Amendments.--Title XXXIII of the Public 
     Health Service Act (42 U.S.C. 300mm et seq.) is amended--
       (1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
     21(a)(4)(B)(i)(II)), by striking ``section 3351'' and 
     inserting ``sections 3351 and 3352'';
       (2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
     31(a)(3)(B)(i)(II)), by striking ``section 3351'' and 
     inserting ``sections 3351 and 3352'';
       (3) in section 3331 (42 U.S.C. 300mm-41)--
       (A) in subsection (a), by inserting ``and the World Trade 
     Center Health Program Supplemental Fund'' before the period 
     at the end; and
       (B) in subsection (d)--
       (i) in paragraph (1)(B), by inserting ``(excluding any 
     expenditures from amounts in the World Trade Center Health 
     Program Supplemental Fund under section 3352)'' before the 
     period at the end; and
       (ii) in paragraph (2), in the flush text following 
     subparagraph (C), by inserting ``(excluding any expenditures 
     from amounts in the World Trade Center Health Program 
     Supplemental Fund under section 3352)'' before the period at 
     the end; and
       (4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
       (A) in paragraph (2), by inserting ``or as available from 
     the World Trade Center Health Program Supplemental Fund under 
     section 3352'' before the period at the end; and
       (B) in paragraph (3), by inserting ``or as available from 
     the World Trade Center Health Program Supplemental Fund under 
     section 3352'' before the period at the end.
       (c) Prevention and Public Health Fund.--Section 4002(b) of 
     the Patient Protection and Affordable Care Act (42 U.S.C. 
     300u-11(b)) is amended--
       (1) in paragraph (8), by striking ``$1,800,000,000; and'' 
     and inserting ``$1,525,000,000;'';
       (2) by striking paragraph (9) and inserting the following:
       ``(9) for each of fiscal years 2028 and 2029, 
     $1,725,000,000; and''; and
       (3) by adding at the end the following:
       ``(10) for fiscal year 2030 and each fiscal year 
     thereafter, $2,000,000,000.''.

     SEC. 7702. RESEARCH COHORT FOR EMERGING HEALTH IMPACTS ON 
                   YOUTH.

       (a) In General.--Section 3341 of the Public Health Service 
     Act (42 U.S.C. 300mm-51) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``With respect'' through ``subtitle B, the'' and inserting 
     ``The''; and
       (B) by striking ``of such individuals'' each place it 
     appears;
       (2) in subsection (b)(1), by inserting ``and individuals 
     who were exposed within a geographic area related to the 
     September 11, 2001, terrorist attacks in a manner similar to 
     the exposure within such geographic area experienced by 
     individuals meeting the eligibility criteria under section 
     3311(a)(2) or 3321(a)(1)(B)'' after ``treatment'';
       (3) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (4) by inserting after subsection (b) the following:
       ``(c) Research Cohort for Emerging Health Impacts on 
     Youth.--

[[Page S10065]]

       ``(1) In general.--The WTC Program Administrator, in 
     consultation with the Secretary of Education, shall establish 
     a research cohort of sufficient size to conduct future 
     research studies on the health and educational impacts of 
     exposure to airborne toxins, or any other hazard or adverse 
     condition, resulting from the September 11, 2001, terrorist 
     attacks, including on the population of individuals who were 
     21 years of age or younger at the time of exposure, including 
     such individuals who are screening-eligible WTC survivors or 
     certified-eligible WTC survivors.
       ``(2) Populations studied.--The research cohort under 
     paragraph (1) may include--
       ``(A) individuals who, on September 11, 2001, were 21 years 
     of age or younger and were--
       ``(i) outside the New York City disaster area; and
       ``(ii) in--

       ``(I) the area of Manhattan not further north than 14th 
     Street; or
       ``(II) Brooklyn; and

       ``(B) control populations, including populations of 
     individuals who, on September 11, 2001, were 21 years of age 
     or younger.''.
       (b) Funding.--Section 3351(b) of such Act (42 U.S.C. 300mm-
     61(b)) is amended by inserting after paragraph (3) the 
     following:
       ``(4) Limitation for research cohort for emerging health 
     impacts on youth.--Notwithstanding paragraph (1), the amounts 
     made available under such paragraph may not be used for 
     fiscal years 2023 through 2032 to carry out subsection (c) of 
     section 3341.''.
       (c) Conforming Amendment.--Section 3301(f)(2)(E) of such 
     Act (42 U.S.C. 300mm(f)(2)(E)) is amended by striking 
     ``section 3341(a)'' and inserting ``subsection (a) or (c) of 
     section 3341''.


                           Amendment No. 6617

       (Purpose: To improve the Justice for United States Victims 
     of State Sponsored Terrorism Act.)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. SCHUMER. I suggest the absence of a quorum, Mr. President.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SCOTT of Florida. Mr. President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________