[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Pages S10065-S10077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


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

  The PRESIDING OFFICER. The majority leader.
  Mr. SCHUMER. Madam President, now, may I have the attention of 
everybody, please?
  OK. I urge everybody to stay in their seats. We are having 10-minute 
votes. We have to get out of here as quickly as possible, so we need 
cooperation from everybody, OK? Thank you.
  The PRESIDING OFFICER. The Senator from Kentucky.


                             Point of Order

  Mr. PAUL. Madam President, for years, Members of Congress have 
lamented their inability to control spending and debt. On rare 
occasions, though, Congress has actually passed rules to try to tame 
their primal urge to borrow and spend.
  From Gramm-Rudman-Hollings to PAYGO, good legislation is out there to 
restrain deficit spending, only to be universally ignored and rejected 
by future Congresses.

[[Page S10066]]

  Today's legislation breaks the Congressional Budget Act rules, so 
congressional leaders have included in this monstrous spending bill 
language to simply waive the PAYGO rules. Congress has time and time 
again waived its own rules, and the result has been over $31 trillion 
in debt, inflation, and a weakened economy.
  Let's respect the American people by being responsible stewards of 
their tax dollars and adhering to our own budget rules.
  The pending measure, Senate amendment No. 6552, contains matter in 
division O, title X, section 1001(d) that relates to the operation of 
the Statutory Pay-As-You-Go Act of 2010, which is matter within the 
jurisdiction of the Budget Committee. The pending measure was neither 
reported nor discharged from the Budget Committee.
  Therefore, I raise a point of order against this measure pursuant to 
section 306 of the Congressional Budget Act of 1974.
  The PRESIDING OFFICER. The Senator from Vermont.


                            Motion to Waive

  Mr. SANDERS. Madam President, pursuant to section 904 of the 
Congressional Budget Act of 1974, I move to waive all applicable 
sections of that act and any other applicable budget points of order 
for purposes of the pending message, and I ask for the yeas and nays.
  But before that, let me be very clear. If we do not waive this budget 
point of order raised by Senator Paul, it will kill the entire 
appropriations bill that we are debating, not just this section dealing 
with sequestration. In other words, if we do not waive this budget 
point of order, the government will shut down just before Christmas--
not a particularly nice Christmas gift to give to the American people.
  This bill--this omnibus bill--is not the bill that I would have 
written, not the bill that anybody else here would have written, but it 
includes a 30-percent increase in the Child Care and Development Block 
Grant Program, nearly $1 billion more for Head Start, doubles funding 
for community schools to $150 million, and does many other important 
things.
  I would urge my colleagues to waive this point of order, and I ask 
for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient?
  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 New York (Mrs. 
Gillibrand) is necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The yeas and nays resulted--yeas 65, nays 31, as follows:

                      [Rollcall Vote No. 408 Leg.]

                                YEAS--65

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

                                NAYS--31

     Blackburn
     Braun
     Cassidy
     Cornyn
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     Paul
     Risch
     Romney
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Sullivan
     Tillis
     Toomey
     Tuberville

                             NOT VOTING--4

     Barrasso
     Burr
     Cramer
     Gillibrand
  The PRESIDING OFFICER. On this vote the yeas are 65, the nays are 31.
  Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to and the point of order falls.
  The motion was agreed to.
  The PRESIDING OFFICER. The majority leader.
  Mr. SCHUMER. Can I have the attention of the Chamber? That was a 12-
minute vote. We can do 2 minutes better. Please stay in your seats.
  The PRESIDING OFFICER. The Senator from Kentucky.


                           Amendment No. 6561

  Mr. PAUL. Just moments ago, I made a budget point of order against a 
4,155-page bill spending $1.7 trillion that was given to us in the 
middle of the night at 1:30 in the morning.
  The point of order was waived, as it always has been by the Senate. 
It has become far too easy for Congress to escape its own rules 
designed to prevent reckless spending.
  There hasn't been enough time for a single person to have read this 
entire bill. The bill and process ignores soaring inflation, rising 
interest rates, and our ballooning debt of $31 trillion.
  Enough is enough. I now ask my colleagues to support my amendment to 
raise the threshold to waive a budget point of order from three-fifths 
to two-thirds.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. SANDERS. Madam President, I rise in strong opposition to Senator 
Paul's amendment.
  This amendment would require 67 Senators to waive a budget point of 
order instead of 60. In other words, if this amendment were passed, a 
tiny minority of U.S. Senators could prevent action on a national 
healthcare crisis, an economic crisis, or a natural disaster. That 
would put the people of this country, in my view, in a very dangerous 
position.
  I urge my colleagues to vote no on the Paul amendment.


                       Vote on Amendment No. 6561

  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  Mr. PAUL. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The yeas and nays resulted--yeas 34, nays 63, as follows:

                      [Rollcall Vote No. 409 Leg.]

                                YEAS--34

     Blackburn
     Boozman
     Braun
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     Moran
     Paul
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Toomey
     Tuberville
     Young

                                NAYS--63

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

                             NOT VOTING--3

     Barrasso
     Burr
     Cramer
  The PRESIDING OFFICER (Mr. Booker). On this vote, the yeas are 34, 
the nays are 63.
  Under the previous order requiring 60 votes for the adoption of the 
amendment, the amendment is not agreed to.
  The amendment (No. 6561) was rejected.
  The PRESIDING OFFICER. The leader.
  Mr. SCHUMER. Mr. President, that one was 11. We are making progress.
  Will Members please sit in their seats when called and speak loudly 
so the clerk can hear how you vote. That will speed things up a little 
more. Maybe we can even break the 10-minute mark.

[[Page S10067]]

  The PRESIDING OFFICER. Under the previous order, there is now 2 
minutes of debate prior to the vote in relation to Johnson amendment 
No. 6555.
  The Senator from Wisconsin.


                           Amendment No. 6555

  Mr. JOHNSON. Mr. President, according to the National Association of 
State Budget Officers in a report it just issued, States are sitting on 
a surplus, cumulatively, of over $250 billion. In addition to that, 
they have rainy day funds approaching over $130 billion. That totals up 
to about $380 billion. This omnibus is going to spend somewhere around 
$1.7 trillion; yet it is still not enough.
  Here are the 625 pages of earmarks--almost $10 billion worth of 
additional money going to the States when they are sitting on close to 
$400 billion in surpluses. This is grotesque.
  Earmarks are the gateway drug to the mortgaging of our children's 
futures. This abuse must stop. My amendment simply eliminates all of 
the earmarks from this grotesque omnibus bill.
  I ask my colleagues to support the elimination of all of the earmarks 
in this bill.
  The PRESIDING OFFICER. The President pro tempore.
  Mr. LEAHY. Mr. President, the Johnson amendment asks us to cede the 
power of the purse to public servants in the executive branch who are 
unaccountable to the voters. These public servants, dedicated though 
they may be, cannot possibly share the depth of knowledge we hold about 
our constituents and the communities in our States. I strongly urge the 
Members of this Chamber to reject abdicating the power of the purse--
given to the legislative branch under the Constitution--as the Senator 
from Wisconsin's amendment asks us to do.
  As a Senator from Vermont, I speak with community leaders, dairy 
farmers, small business owners, and Vermonters across my State every 
day. I have done this for 48 years. I have a deep understanding of 
Vermont and Vermonters.
  Through congressionally directed spending, we can use this knowledge 
to invest tax dollars directly back into taxpayer communities. We can 
make these investments in everything from infrastructure, to community 
health centers and workforce development, to afterschool programs.
  In fact, under rule X-L-I-V--rule 44--and additional rules that I 
established last year, we have unprecedented transparency and 
accountability for the congressionally directed spending contained in 
this bill--far more transparency than we have had at any time in my 48 
years in the Senate.
  Congressionally directed spending is not a new concept. In fact, it 
dates back more than 230 years when funding for the Cape Henry 
lighthouse, which still stands today, was included in a 1790 spending 
bill. After the misguided ban on congressionally directed spending in 
2011, I was proud to restore the power of the purse to the Senate with 
new guardrails to improve transparency and accountability.
  These guardrails include rule XLIV--44--of the Standing Rules of the 
Senate, which requires each earmark to be clearly identified in the 
committee and conference reports and certification that neither we nor 
any member of our immediate family would financially benefit from the 
requests we made. In fiscal year 2022, I implemented even more rigorous 
standards to this process.
  We required Senators to make their requests public on their websites 
and make public any items that were funded in the appropriations bills. 
We also required the GAO to audit a sample of enacted congressionally 
directed spending items in order to increase accountability for the 
projects that are funded and to restore the trust of the American 
people in this process. And we put a 1-percent cap on all 
congressionally directed spending items, and we banned congressionally 
directed spending items to for-profit entities.
  I am proud to say that we met each of these requirements in fiscal 
year 2022, and they remain in place in the bill we are considering 
today. I am also proud of all the projects I was able to fund for 
Vermont in this bill and across my career here in the Senate.
  The question before us is simple: Who do we want to control the purse 
strings of the Federal Government--the unaccountable bureaucrats in the 
executive branch or the representatives of the people?
  I think the answer is clear, and I strongly urge every Member of this 
Chamber to reject the Johnson amendment.


                       Vote on Amendment No. 6555

  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  Mr. JOHNSON. Mr. President, 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. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The result was announced--yeas 34, nays 63, as follows:

                      [Rollcall Vote No. 410 Leg.]

                                YEAS--34

     Blackburn
     Braun
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Tester
     Thune
     Toomey
     Tuberville
     Young

                                NAYS--63

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

                             NOT VOTING--3

     Barrasso
     Burr
     Cramer
  The PRESIDENT pro tempore. On this vote, the yeas are 34, the nays 
are 63. The amendment is not agreed to.
  The amendment (No. 6555) was rejected.
  The PRESIDENT pro tempore. Under the previous order, there will now 
be 2 minutes of debate prior to the vote in relation to Johnson 
amendment No. 6559.
  The Senator from New York.
  Mr. SCHUMER. Mr. President, that was 8\1/2\ minutes. Let's keep it 
up. Stay in your seats.
  (Applause.)
  The PRESIDENT pro tempore. The Senator from Wisconsin.


                           Amendment No. 6559

  Mr. JOHNSON. Mr. President, I have a chart showing monthly 
apprehensions of the southwest border since 2012. This little blip over 
here in 2014, this is the humanitarian crisis declared by President 
Obama when monthly apprehensions exceeded about 60,000 a month.
  President Trump had to deal with, in one month, about 4,000 people a 
day but still under 150,000 people per month. He solved the problem by 
returning people and having a consequence for illegal entry into this 
country.
  President Biden took office, opened up the border, and now we are 
exceeding over 200,000 people entering this country illegally every 
month.
  This is a crisis. This is a humanitarian crisis, but this 
administration won't even admit it is a problem. They say it is a 
challenge.
  My amendment is pretty simple. It takes whatever funds are 
appropriate for transporting illegal immigrants and only allows those 
funds to be used to send them home or to a safe third country or to 
Mexico or to a detention facility here in America. We need a 
consequence. We have to secure our border. This is out of control.
  I ask all my colleagues to support my amendment.
  The PRESIDENT pro tempore. The Senator from Connecticut.
  Mr. MURPHY. Mr. President, I am going to strongly urge opposition to 
this amendment.

[[Page S10068]]

  To be honest, this amendment uses terms that are not traditionally 
used in the immigration code, so it is really pretty hard to understand 
what the impact is going to be.
  If the intent is for these transportation restrictions to apply to 
asylum seekers, then the amendment effectively ends the asylum program 
for everyone. I am, frankly, not sure there is even Republican 
consensus to do that.
  If it is not meant to apply to asylum seekers, then the strange 
drafting has really bad--probably unintended--consequences.
  For instance, if an individual were here on a student visa and they 
committed a serious crime, this amendment doesn't seem to allow for 
that individual to be transported for the purposes of removal because 
they aren't here unlawfully. That is all to say that this amendment 
really isn't ready for prime time, and I would urge its rejection.


                       Vote on Amendment No. 6559

  The PRESIDENT pro tempore. The question is on agreeing to the 
amendment.
  Mr. JOHNSON. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The yeas and nays resulted--yeas 47, nays 50, as follows:

                      [Rollcall Vote No. 411 Leg.]

                                YEAS--47

     Blackburn
     Boozman
     Braun
     Capito
     Cassidy
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shelby
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--50

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

                             NOT VOTING--3

     Barrasso
     Burr
     Cramer
  The PRESIDENT pro tempore. On this vote, the yeas are 47, the nays 
are 50.
  Under the previous order requiring 60 votes for the adoption of this 
amendment, the amendment is not agreed to.
  The amendment (No. 6559) was rejected.
  The PRESIDENT pro tempore. The majority leader.
  Mr. SCHUMER. Mr. President, that was 9 minutes. Let's keep it up.
  The PRESIDENT pro tempore. Under the previous order, there will now 
be 2 minutes of debate prior to the vote in relation to the Sinema-
Tester amendment No. 6621.
  Who seeks recognition?
  The Senator from Arizona.


                           Amendment No. 6621

  Ms. SINEMA. Mr. President, it is pathetic Congress, once again, 
stands here at the 11th hour to fulfill its most fundamental 
obligation. Partisanship and tunnel vision on damaging the opposition 
and preventing the other side from getting a win has replaced 
thoughtful legislating.
  I have made clear the border is in crisis and Arizona is facing a 
security and humanitarian crisis. Enough is enough. Stop using the 
border as a political tool. We are here to do our jobs. We must fund 
the government, and we must solve our border crisis.
  This amendment keeps title 42 until a permanent plan is in place, 
boosts desperately needed border funding for security, invests in our 
agents and officers, and stops the flow of dangerous drugs.
  I call on my colleagues to support this amendment.
  I yield to Senator Tester.
  The PRESIDENT pro tempore. The Senator from Montana.
  Mr. TESTER. Mr. President, this bill gives additional funding for 
judges and legal officials to ensure due processing, evaluating claims 
of folks at the border, provides resources for technology and to 
construct a physical wall, gives law enforcement at the southern border 
additional resources, and it overrides President Biden's decision to 
end title 42.
  I would encourage an aye vote on this amendment.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. LEE. Mr. President, this amendment is a ruse. It is a ruse 
designed to provide political cover to a small handful of people who 
recognize the crisis on the border and want to appear to be doing 
something about it, but it doesn't.
  Look, it proposes tens of billions of dollars to simply manage the 
border crisis, not stop it. It doesn't do anything to stop fentanyl or 
actually secure our border.
  The sponsors will tell you that their amendment prohibits the 
funding--prohibits the repeal of title 42, but that is a lie. It only 
prohibits DHS funding to repeal title 42 when the surgeon general, who 
is housed in HHS, is the one who has the authority to do so.
  How would it manage this crisis? Well, it would do so by funding the 
processing of people coming into this country faster than they are 
currently being processed. And more costly lawsuits await against our 
enforcement policies.
  I strongly encourage my colleagues to oppose this amendment, which is 
a ruse. It doesn't do what it purports to do. It distracts from the 
crisis unfolding on our southern border.


                       Vote on Amendment No. 6621

  The PRESIDENT pro tempore. The question is on agreeing to the 
amendment.
  Mr. SCHATZ. I ask for the yeas and nays.
  The PRESIDENT pro tempore. 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. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The result was announced--yeas 10, nays 87, as follows:

                      [Rollcall Vote No. 412 Leg.]

                                Yeas--10

     Brown
     Hassan
     Kelly
     Manchin
     Ossoff
     Rosen
     Shaheen
     Sinema
     Tester
     Tillis

                                Nays--87

     Baldwin
     Bennet
     Blackburn
     Blumenthal
     Blunt
     Booker
     Boozman
     Braun
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Crapo
     Cruz
     Daines
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hawley
     Heinrich
     Hickenlooper
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kaine
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lee
     Lujan
     Lummis
     Markey
     Marshall
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Padilla
     Paul
     Peters
     Portman
     Reed
     Risch
     Romney
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Scott (FL)
     Scott (SC)
     Shelby
     Smith
     Stabenow
     Sullivan
     Thune
     Toomey
     Tuberville
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                             Not Voting--3

     Barrasso
     Burr
     Cramer
  The PRESIDENT pro tempore. On this vote, the yeas are 10, the nays 
are 87.
  Under the previous order requiring 60 votes for the adoption of this 
amendment, the amendment is not agreed to.
  The amendment (No. 6621) was rejected.


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

  
  On page S10068, December 22, 2022, third column, the following 
appears: The PRESIDENT pro tempore. On this vote, the yeas are 10, 
the nays are 87. The amendment (No. 6621) was rejected.
  
  The online Record has been corrected to read: The PRESIDENT pro 
tempore. On this vote, the yeas are 10, the nays are 87. Under the 
previous order requiring 60 votes for the adoption of this 
amendment, the amendment is not agreed to. The amendment (No. 
6621) was rejected.


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


                           Amendment No. 6563

  The PRESIDING OFFICER. Under the previous order, there are now 2 
minutes of debate prior to the vote in relation to the Lee amendment 
No. 6563.
  The Senator from Utah.
  Mr. LEE. Mr. President, during our recent border crisis, title 42 has 
become

[[Page S10069]]

the only sustained control we have over illegal immigration.
  In 2022, just this year alone, we have had over 2.7 million 
undocumented immigrants at our southern border. It doesn't even include 
those who came across sneaking through undetected.
  The Biden administration is only expelling people from the border 
exclusively under title 42. That is it. That is all we have got. In the 
last 3 years, title 42 has been used to help us expel 2.5 million 
illegal immigrants.
  Just over the last 7 days alone, Mr. President, the Border Patrol in 
Arizona showed us that it is not just people coming across illegally; 
it is also drugs--dangerous drugs. In the last 7 days alone, Border 
Patrol agents in Arizona have confiscated 1.5 million fentanyl tablets. 
More than 14,000 pounds in total was intercepted at the border in 2022, 
and that is enough to kill America's entire population nine times over.
  We have no business passing this bill unless this is in here. Vote 
for this amendment, I implore you.
  The PRESIDENT pro tempore. The Senator from Illinois.
  Mr. DURBIN. Mr. President, the logic of title 42 is a public health 
response to a crisis. It was determined that foreigners coming into the 
United States could be turned away under title 42, and more than a 
million were last year.
  Now, what has happened to the public health crisis? In June of this 
year, our government announced it would no longer require COVID tests 
for foreigners entering the United States. We have 22 million 
international visitors each year, and now there is no longer a 
requirement for testing.
  So let's be honest. This is not about public health anymore. It is 
our excuse for not tackling the very real challenge of coming up with a 
border policy on a bipartisan basis.
  I want to salute Senator Sinema and Senator Tillis for their 
undertaking. I want to work with them in the future, and I think we 
should reject this amendment.


                       Vote on Amendment No. 6563

  The PRESIDENT pro tempore. The question is on agreeing to the 
amendment.
  Mr. LEE. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The result was announced--yeas 47, nays 50, as follows:

                      [Rollcall Vote No. 413 Leg.]

                                YEAS--47

     Blackburn
     Blunt
     Boozman
     Braun
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shelby
     Sullivan
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--50

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

                             NOT VOTING--3

     Barrasso
     Burr
     Cramer
  Mr. LEE. Point of inquiry, Mr. President.
  Mr. President, point of parliamentary inquiry.
  Are we not under a unanimous consent agreement that presupposes a 10-
minute vote that will be called at the end of 10 minutes? And is there 
an exception to that when the Democrats don't like the disposition of 
the vote that has been cast?
  The PRESIDENT pro tempore. The vote is still continuing. Debate is 
not in order.
  Mr. LEE. That wasn't a debate. That was a point of parliamentary 
inquiry. There is a difference. I would like an answer.
  The PRESIDENT pro tempore. Parliamentary inquiries are not in order.
  On this vote, the yeas are 47, the nays are 50. The amendment is not 
agreed to.
  The amendment (No. 6563) was rejected.


                           Amendment No. 6576

  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to the vote on the Lee amendment numbered 6576.
  Mr. LEE. Mr. President, before I begin my remarks on this, I would 
like to know how long the vote was held open on the last vote.
  The PRESIDENT pro tempore. It was 16 minutes total--18 minutes.
  Mr. LEE. Eighteen minutes is, of course, longer than 10.
  The PRESIDENT pro tempore. The Senator may proceed.


                           Amendment No. 6576

  Mr. LEE. Mr. President, U.S. Navy Lieutenant Ridge Alkonis is one of 
the best and the brightest naval officers this country has. In late May 
of 2021, he was involved in a serious car accident in which he 
encountered an unforeseeable, unforeseen medical emergency that caused 
him to lose consciousness. He was involved in a car accident as a 
result of that emergency in which two Japanese nationals tragically 
lost their lives.
  It was, indeed, an accident, not preventable or foreseeable by 
Lieutenant Alkonis. Nonetheless, under the Japanese legal system, he 
now stands convicted of a crime for which he is serving a 3-year prison 
sentence. This is an accident that was not avoidable by Lieutenant 
Ridge Alkonis.
  I believe that, under these circumstances, we must stand behind him 
and his family. Lieutenant Alkonis has a wife Brittany and three young 
children. They are set to lose their pay and benefits from their sole 
breadwinner in their home 1 week from today. We must stop that.
  The Department of Defense supports this. They wish they could grant 
it on their own. They don't believe they have the authority. I disagree 
with them. But this will fix that, and I am happy to help them with 
that.
  I urge my colleagues to support this and would gladly accept a voice 
vote.
  The PRESIDENT pro tempore. The question is on agreeing to the 
amendment.
  The amendment (No. 6576) is agreed to.


                           Amendment No. 6577

  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to the vote in relation to the Lankford 
amendment.
  The Senator from Oklahoma.
  Mr. LANKFORD. Mr. President, the next point of our business today is 
going to be the Pregnant Workers Fairness Act that is coming up in a 
couple of votes from now. This is simply an amendment to be able to 
clarify one section of that.
  The PRESIDENT pro tempore. The Senator will withhold. I again ask 
order on both sides of the aisle so we can proceed.
  The Senator from Oklahoma.
  Mr. LANKFORD. This amendment simply clarifies one area. Faith-based 
groups have reached out and said they understand this and are 
supportive of this, but they would like to get clarity in one section.
  I am going to just read this section to you. As it currently reads in 
7(b), it says:

       This title is subject to the applicability of religious 
     employment set out in Section 702(a), which is the Civil 
     Rights Act.

  What we are asking for is very straightforward. Everyone has received 
a copy of this. It just changes that language to read it to say:

       This division shall not be construed to require a religious 
     entity described in Section 702(a) of the Civil Rights Act of 
     1964 to make an accommodation that would violate the entity's 
     religion.

  It is very straightforward. It deals only with religious entities. It 
reinforces the Civil Rights Act. I think it was an oversight in the way 
this was written. There are some faith-based groups saying: We are 
uncomfortable

[[Page S10070]]

with this. It is very narrowly tailored in the way it is written.
  I, frankly, would accept this as a voice vote, as well, if we would 
like to voice this right now.
  The PRESIDENT pro tempore. The Senator from Louisiana.
  Mr. CASSIDY. Mr. President, I commend my colleague's efforts to 
ensure this bill has strong religious liberties protections. We share 
that intent. I am told that the title VII religious exemption, which is 
specifically referred to and which, by the way, was drafted by House 
Republican Virginia Foxx. It addresses the issue.
  Analysis from Senator Burr's HELP counsel shows that Federal courts 
have interpreted title VII broadly beyond hiring and firing. This is 
based upon decisions from the liberal Ninth Circuit and the more 
conservative Fourth. I am told by attorneys that adding language to the 
bill actually, paradoxically, increases the ability of a liberal court 
to reinterpret previous jurisprudence.
  I don't strongly oppose this, but because of the attorneys telling me 
that it would increase the likelihood of changing previous 
jurisprudence, which clearly is in favor of these religious employers 
having abilities that we all want them to have, I will oppose.
  I yield the floor.
  Mr. LANKFORD. Do I have time?
  The PRESIDENT pro tempore. There is no time remaining.


                       Vote on Amendment No. 6577

  The question is on agreeing to the amendment.
  Mr. LANKFORD. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The result was announced--yeas 44, nays 53, as follows:

                      [Rollcall Vote No. 414 Leg.]

                                Yeas--44

     Blackburn
     Blunt
     Boozman
     Braun
     Capito
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shelby
     Sullivan
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                                Nays--53

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

                             Not Voting--3

     Barrasso
     Burr
     Cramer
  The amendment (No. 6577) was rejected.


                           Amendment No. 6569

  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to the vote in relation to the Braun amendment 
No. 6569.


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

  
  On page S10070, December 22, 2022, second column, the following 
appears: there is now 2 minutes of debate prior to the vote in 
relation to the Braun amendment No. 6561.
  
  The online Record has been corrected to read: there is now 2 
minutes of debate prior to the vote in relation to the Braun 
amendment No. 6569.


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


  The Senator from Indiana.
  Mr. BRAUN. I call up my amendment at the desk, which has to do with 
the Cassidy bill that we are going to hear next.
  In 1794, Congress passed the 11th amendment, and it was ratified a 
year later. This constitutional amendment prohibits--
  The PRESIDENT pro tempore. We do not have order. The Senators will 
suspend. The Senator is entitled to be heard. We have order in the 
Chamber.
  Mr. BRAUN. This constitutional amendment prohibits Federal courts 
from hearing certain lawsuits against States. A State can waive 
immunity if it wants to, and States do so now and then.
  There is a proven process for eliminating or changing the protections 
of a clear constitutional language. It is not the role of the Senate to 
repeal constitutional rights through legislation, which is what the 
Cassidy bill does before us. This bill would nullify the 11th 
amendment, opening public sector entities in States to more Federal 
compliance issues and litigations.
  Hoosiers did not elect me to roll back constitutional protections for 
Indiana. This is why I am offering this amendment to strike section 6 
of this bill.
  I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays are ordered.
  The Senator from Pennsylvania has time reserved.
  Mr. CASEY. Mr. President, this bill is about protecting pregnant 
workers. We shouldn't be treating pregnant workers who happen to be 
State and local government employees differently than we treat private 
sector employees or differently than we treat Federal workers.
  What this bill does is give pregnant State and local workers the same 
protections. So if a woman is pregnant in the workforce and she needs 
accommodations that are reasonable, as the bill provides, we should 
provide them, whether she works in State or local government or whether 
she works in the Federal Government or private sector.
  The Health, Education, Labor, and Pensions Committee, on a bipartisan 
basis, considered this amendment and rejected it and voted the bill 
itself--the Pregnant Workers Fairness Act--out of committee 19 to 2. I 
would urge a ``no'' vote on this amendment.


                       Vote on Amendment No. 6569

  The PRESIDENT pro tempore. The question is on agreeing to amendment 
No. 6569.
  The yeas and nays are ordered.
  The clerk will call the roll.
  The senior assistant executive clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The result was announced--yeas 40, nays 57, as follows:

                      [Rollcall Vote No. 415 Leg.]

                                Yeas--40

     Blackburn
     Boozman
     Braun
     Cotton
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shelby
     Sullivan
     Thune
     Toomey
     Tuberville
     Wicker
     Young

                                Nays--57

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

                             Not Voting--3

     Barrasso
     Burr
     Cramer
  The PRESIDENT pro tempore. On this vote, the yeas are 40, the nays 
are 57.
  Under the previous order requiring 60 votes for the adoption of this 
amendment, the amendment is not agreed to.
  The amendment (No. 6569) was rejected.


                           Amendment No. 6558

  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to the vote in relation to the Cassidy 
amendment No. 6558.
  The Senator from Pennsylvania.
  Mr. CASEY. Mr. President, I want to start by saying something very 
simple about what we are about to vote on. This bill is about two 
words: reasonable accommodations. It is as simple as that. More than 30 
years ago, we passed the Americans with Disabilities Act,

[[Page S10071]]

which said something very simple as well. It said that a worker with a 
disability in the workplace should have reasonable accommodations, not 
any accommodation--reasonable accommodations.
  Thirty years of case law, thirty years of testing that principle have 
shown us that pregnant workers should have the same protections, 
reasonable accommodations, so that if a woman is pregnant in the 
workforce, she can do her job and have a healthy and safe pregnancy. 
That is all this bill is about.
  The organizations supporting it are across the board. Every 
organization you can think of is supporting this bill. I urge a ``yes'' 
vote, similar to the House vote on this, which was 315 to 101, more 
than three quarters of the House.
  I turn now to my colleague Senator Cassidy.
  Mr. CASSIDY. Mr. President, the amendment's benefits are clear. We 
include Virginia Foxx's House amendment protecting religious employers, 
endorsed by the National Association of Evangelicals, the U.S. 
Conference of Catholic Bishops, the March of Dimes, and the U.S. 
Chamber.
  It passed the Health Committee 19 to 2. It allows employers to help a 
pregnant woman support herself, her family, and her unborn child. This 
is pro-life. This bill does what we would want for ourselves, our 
wives, our sisters, and our daughters.
  I yield the floor.
  The PRESIDENT pro tempore. The majority leader.
  Mr. SCHUMER. Mr. President, this is a great example--this very 
important bill--of how this body can work in a bipartisan way and get 
things done. I want to salute Senators Casey and Cassidy for their 
diligence and relentlessness. I want to thank Senators Murray and Burr.
  The Pregnant Workers Fairness Act makes a simple assertion: If you 
are pregnant, if you are working during your pregnancy, you should have 
the right to basic workplace accommodations.
  The Pregnant Workers Fairness Act is one of the most significant 
improvements to workplace protections in years. Tens of millions will 
be covered under this legislation, especially millions who work low-
income jobs, long hours, and get little support.
  I urge a ``yes'' vote.


                       Vote on Amendment No. 6558

  Mr. PAUL. Mr. President, I ask for the yeas and nays.
  The PRESIDENT pro tempore. 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. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The result was announced--yeas 73, nays 24, as follows:

                        [Rollcall Vote 416 Leg.]

                                YEAS--73

     Baldwin
     Bennet
     Blackburn
     Blumenthal
     Blunt
     Booker
     Brown
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cortez Masto
     Cruz
     Duckworth
     Durbin
     Ernst
     Feinstein
     Gillibrand
     Graham
     Grassley
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     Kennedy
     King
     Klobuchar
     Leahy
     Lujan
     Lummis
     Manchin
     Markey
     Marshall
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Romney
     Rosen
     Sanders
     Schatz
     Schumer
     Scott (FL)
     Shaheen
     Shelby
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Tillis
     Tuberville
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden
     Young

                                NAYS--24

     Boozman
     Braun
     Cornyn
     Cotton
     Crapo
     Daines
     Fischer
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Lankford
     Lee
     Paul
     Risch
     Rounds
     Rubio
     Sasse
     Scott (SC)
     Thune
     Toomey
     Wicker

                             NOT VOTING--3

     Barrasso
     Burr
     Cramer
  The PRESIDENT pro tempore. On this vote, the yeas are 73, the nays 
are 24.
  Under the previous order requiring 60 votes for adoption of this 
amendment, the amendment is agreed to.
  The amendment (No. 6558) was agreed to.


                           Amendment No. 6588

  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to the vote in relation to the Padilla-Cornyn 
amendment No. 6588.
  Mr. PADILLA. Mr. President, colleagues, this bipartisan agreement, 
which I have had the pleasure of working together with Senator Cornyn 
on for more than a year now and which has already passed the Senate by 
unanimous consent twice before, would give State, local, Tribal, and 
territorial governments the flexibility and the support they need to 
fully recover from the COVID-19 pandemic.
  As we all know, each community has been impacted differently by the 
pandemic and has different needs to recover from the pandemic. This 
amendment is about flexibility and prioritizing the local governments 
that are closest to the people.
  I do want to thank Senators Cornyn, Tester, and Murkowski for their 
work on this effort.
  The PRESIDENT pro tempore. The Senator from Texas.
  Mr. CORNYN. Mr. President, this is a very popular piece of 
legislation. As the Senator from California pointed out, the Senate has 
unanimously passed this on two previous occasions, so hopefully this 
third time is the charm.
  What it does is unlocks COVID-19 relief money that States and local 
jurisdictions have that they no longer need for that purpose, but it 
allows them now more flexibility to spend it on infrastructure and 
disaster relief and the like. The best part about it is, it doesn't add 
one penny to the debt.
  We would ask for a voice vote.
  The PRESIDENT pro tempore. All those in favor?
  The majority leader.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the 60-vote 
threshold be vitiated with respect to this amendment so that we can 
have a voice vote.
  The PRESIDENT pro tempore. Without objection, it is so ordered.


                       Vote on Amendment No. 6588

  The question is on agreeing to the amendment.
  The amendment (No. 6588) was agreed to.


  Amendment No. 6607, as Modified, and Amendment No. 6596, as Modified

  The PRESIDENT pro tempore. The majority leader.
  Mr. SCHUMER. Mr. President, I ask unanimous consent to modify 
amendment Nos. 6607 and 6596--to modify the instruction lines.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The amendments are as follows:


                    amendment no. 6607, as modified

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

       At the appropriate place, 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'';

[[Page S10072]]

       (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.--
       ``(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. 6596, as modified

    (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)

        At the appropriate place, 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. 6596, as Modified

  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to the vote on the Graham amendment No. 6596, 
as modified.
  The Senator from South Carolina.
  Mr. GRAHAM. Mr. President, I want to thank Senator Whitehouse for 
this long journey we have been on together.
  For Congressman Malinowski from the House, this has been a passion.
  This amendment would allow the Department of Justice, through the 
Secretary of State, to transfer proceeds from seized oligarch assets or 
other sanctioned entities to the people of Ukraine. It will be a 
godsend to the long-suffering people of Ukraine. It will be a relief to 
the American taxpayer because billions of dollars are subject to being 
seized and transferred. It will be a bad day for oligarchs.
  I ask for a voice vote.
  The PRESIDENT pro tempore. The Senator from Rhode Island.
  Mr. WHITEHOUSE. Mr. President, I endorse the remarks of my friend 
Senator Graham, and I want to thank him for his persistent work on this 
issue.
  I would also like to recognize Senator Blumenthal and Senator Bennet, 
who had significant roles helping on our side, and Representative 
Malinowski, who has come over from the House, who championed it on that 
side as well.
  I join Senator Graham in asking not only for an ``aye'' vote but a 
voice vote.
  The PRESIDENT pro tempore. The majority leader.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the 60-vote 
threshold be vitiated with respect to this amendment.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The question is on agreeing to the amendment, as modified.
  The amendment (No. 6596), as modified, was agreed to.


                           Amendment No. 6595

  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to a vote in relation to Merkley amendment No. 
6595.
  Mr. MERKLEY. Mr. President, I am pleased that we are having this 
amendment before us. It broadens the scope of the bill that we passed 
12 years ago to enable nursing mothers to be able to return to work and 
breast-pump milk for the benefit of their children.
  For 12 years, it has worked so well for better health for the babies 
and better health for the mothers, and it turned out to be a big win 
for businesses because they found that workers returned to work and 
were much happier doing so.
  The chamber has sent out a letter endorsing it. They note that it 
protects small businesses, providing a hardship exemption opportunity 
for those with less than 50 and that they have accommodated the 
concerns of the airline and railroad industries.

[[Page S10073]]

  It is a win-win for babies, for mothers, and for business.
  I hand this over to my colleague, and thank you so much, Senator 
Murkowski, for championing this effort.
  The PRESIDENT pro tempore. The Senator from Alaska.
  Ms. MURKOWSKI. Mr. President, this measure is good for babies, it is 
good for new mothers, and it is good for employers to get these women 
back into the workforce. I would encourage an ``aye'' vote.


                       Vote on Amendment No.6595

  Mr. PAUL. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second for the 
request for the yeas and nays?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant executive clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The result was announced--yeas 92, nays 5, as follows:

                      [Rollcall Vote No. 417 Leg.]

                                YEAS--92

     Baldwin
     Bennet
     Blackburn
     Blumenthal
     Blunt
     Booker
     Boozman
     Braun
     Brown
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cortez Masto
     Cotton
     Crapo
     Cruz
     Daines
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hassan
     Hawley
     Heinrich
     Hickenlooper
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Kaine
     Kelly
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lujan
     Lummis
     Manchin
     Markey
     Marshall
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Risch
     Romney
     Rosen
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Scott (FL)
     Scott (SC)
     Shaheen
     Shelby
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Tuberville
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--5

     Cornyn
     Johnson
     Lee
     Paul
     Toomey

                             NOT VOTING--3

     Barrasso
     Burr
     Cramer
  The PRESIDENT pro tempore. On this vote, the yeas are 92, the nays 
are 5.
  Under the previous order requiring 60 votes for the adoption of this 
amendment, the amendment is agreed to.
  The amendment (No. 6595) was agreed to.
  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to a vote in relation to the Klobuchar 
amendment No. 6597.


                           Amendment No. 6597

  Ms. KLOBUCHAR. Mr. President, Senator Lee and I rise in support of 
this amendment to the antitrust provisions of this legislation for one 
purpose: to ensure that they match the language of the original bills 
that earned strong bipartisan support in this Senate as well as in the 
House of Representatives. We are simply restoring the language that 
passed in the Senate and passed in the House before this bill went 
through the mix master that is called the omnibus.
  I want to thank Senator Grassley for his work on the Merger Filing 
Fee Modernization Act, which updates and reforms the merger fees--
something we have not done for 22 years.
  Senator Cotton's Foreign Merger Subsidy Disclosure Act is included 
and the State Antitrust Enforcement Venue Act--strongly supported by 
all members of the Judiciary Committee, which Senator Lee and I have 
led.
  This bill passed the Senate by unanimous consent, and this language 
was scored to language originally in the bill.
  Senator Lee will speak briefly, and then in the spirit of the 
holiday, with Santa Claus on our side, we will ask for a voice vote.
  The PRESIDENT pro tempore. The Senator from Utah.
  Mr. LEE. Mr. President, this bipartisan bill is something that I 
stand behind. Yes, this amendment simply restores the previous version 
that Senator Klobuchar and I introduced and passed by unanimous 
consent. I urge our colleagues to support it.
  The PRESIDENT pro tempore. The majority leader.
  Mr. PAUL. Mr. President, I rise in objection. Do I get my minute?
  The PRESIDENT pro tempore. The Senator from Kentucky.
  Mr. PAUL. Mr. President, there are probably no more incompetent 
people in government than those who are in our Antitrust Division. 
These are the people who, as Blockbuster video was in its throes of 
demise, decided to block the merger between Hollywood Video and 
Blockbuster. I don't want to give these people any more money, and I 
will object to any unanimous consent to make this a voice vote.
  Mr. SCHUMER. One final appeal for a voice vote? It is going to win. 
OK.


                       Vote on Amendment No. 6597

  Mr. SCHUMER. Mr. President, I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from Tennessee (Mrs. 
Blackburn), the Senator from North Carolina (Mr. Burr), and the Senator 
from North Dakota (Mr. Cramer).
  The result was announced--yeas 88, nays 8, as follows:

                        [Rollcall Vote 418 Leg.]

                                YEAS--88

     Baldwin
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Braun
     Brown
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Crapo
     Daines
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gillibrand
     Graham
     Grassley
     Hassan
     Hawley
     Heinrich
     Hickenlooper
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Kaine
     Kelly
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lee
     Lujan
     Lummis
     Manchin
     Markey
     Marshall
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Risch
     Romney
     Rosen
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Scott (SC)
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--8

     Cruz
     Hagerty
     Johnson
     McConnell
     Paul
     Scott (FL)
     Shelby
     Sullivan

                             NOT VOTING--4

     Barrasso
     Blackburn
     Burr
     Cramer
  The PRESIDENT pro tempore. On this vote, the yeas are 88, the nays 
are 8.
  Under the previous order requiring 60 votes for adoption of this 
amendment, the amendment is agreed to.
  Amendment No. (6597) was agreed to.


                    Amendment No. 6607, As Modified

  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to a vote in relation to the Gillibrand 
amendment No. 6607, as modified.
  The Senator from New York.
  Mrs. GILLIBRAND. Mr. President, I rise to speak in support of my 
amendment, the 9/11 Responder and Survivor Health Funding Correction 
Act. This amendment is a bipartisan compromise that we have worked out 
to make sure there is not a shortfall in funding for this health 
program.
  This health program was stood up about 10 years ago, and we created a 
formula that was based on inflation. Unfortunately, the rate of 
inflation for healthcare has been higher. This is something that was 
unanimously agreed on from its inception, and I really hope you can 
support this.
  As you know, our 9/11 first responders have been suffering from lung 
cancer and different kinds of pulmonary diseases and respiratory 
diseases, and this healthcare is lifesaving. If they have to worry that 
the money is not there for their cancer treatments, it just creates 
more anxiety and PTSD for these individuals.
  It is really important that we fully fund this program. This funding 
will

[[Page S10074]]

allow for the next 5 years to be covered. It is not everything we need, 
but it is enough to get us started.
  The PRESIDENT pro tempore. The Senator from New York.
  Mr. SCHUMER. Mr. President, first, I want to thank my friend and 
colleague Senator Gillibrand for the great work she has done 
championing the 9/11 responder and survivor health fund.
  We know how many people sacrificed. We know how they ran to the 
towers when they were still smoldering, and then they contracted 
terrible diseases. For a while, this country left them high and dry. It 
would be like leaving our veterans high and dry. But, no, we stepped up 
to the plate with a very good and successful health funding program. 
Unfortunately, it runs out very soon. This amendment will extend it so 
it now can last another full 5 years. And the worry that firefighters, 
construction workers, police officers, and others who ran to the towers 
and are now beginning to contract diseases they never should have 
gotten--they will be taken care of.
  I hope we can get everybody to vote for this patriotic, important 
bill that remembers those who helped us in a great time of need.
  The PRESIDENT pro tempore. The Senator from Kentucky.
  Mr. PAUL. Mr. President, just last year, we passed an unlimited 
appropriation for the 9/11 responders. I do believe they do deserve our 
help, but we amassed an unlimited appropriation for 70 years. As much 
money as can possibly be spent in 70 years was made available last 
year.
  We are in the midst of a $1.7 trillion bill, and yet we have got to 
add another billion. Is there no end to the amount of money you think 
we can print without repercussions?
  I urge a ``no'' vote.
  Mrs. GILLIBRAND. Mr. President, to clarify the record, it was not an 
unlimited amount of money appropriated; it was an authorization. This 
is the money--
  Mr. PAUL. Time. Time.
  Mrs. GILLIBRAND.--to pay for the shortfall, and--
  The PRESIDENT pro tempore. The time--
  Mrs. GILLIBRAND.--it is fully paid for.
  The PRESIDENT pro tempore. The time has elapsed.


                Vote on Amendment No. 6607, As Modified

  Mr. DURBIN. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), the Senator from North Dakota (Mr. Cramer), and the Senator from 
Kansas (Mr. Marshall).
  The yeas and nays resulted--yeas 90, nays 6, as follows:

                      [Rollcall Vote No. 419 Leg.]

                                YEAS--90

     Baldwin
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Braun
     Brown
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Crapo
     Cruz
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hassan
     Hawley
     Heinrich
     Hickenlooper
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Kaine
     Kelly
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lujan
     Lummis
     Manchin
     Markey
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Risch
     Romney
     Rosen
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Scott (FL)
     Shaheen
     Shelby
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--6

     Blackburn
     Daines
     Johnson
     Lee
     Paul
     Scott (SC)

                             NOT VOTING--4

     Barrasso
     Burr
     Cramer
     Marshall
  The PRESIDENT pro tempore. On this vote, the yeas are 90, the nays 
are 6.
  Under the previous order requiring 60 votes for adoption of this 
amendment, the amendment is agreed to.
  The amendment (No. 6607), as modified, was agreed to.


                           Amendment No. 6617

  The PRESIDENT pro tempore. Under the previous order, there is now 2 
minutes of debate prior to the vote in relation to the Menendez-Cotton 
amendment No. 6617.
  The Senator from New Jersey.
  Mr. MENENDEZ. Mr. President, this amendment is about justice and 
restitution. Twenty-one years ago, on a cloudless morning in 2001, 
nearly 3,000 Americans, including 750 from my home State of New Jersey, 
were senselessly murdered in the terrorist attacks on September 11.
  Mr. President, 9/11 families are the reason why ``Never Forget'' 
continues to be a clarion call in this Congress. They are the reason we 
seek a vote on the Fairness for 9/11 Families Act.
  I do this alongside Senators Cotton and Sullivan, who worked with me 
to bring justice and relief to also the 1983 Beirut Marine barracks 
bombing victims and so many other Americans who have suffered at the 
hands of state sponsors of terrorism.
  Our amendment is straightforward. It expands coverage of the U.S. 
Victims of State Sponsored Terrorism Fund to deliver justice and relief 
to previously excluded 9/11 families who, because of this exclusion, 
lost out on the ability to get some of the compensation, as well as the 
families of the victims of the Beirut Marine barracks bombing and the 
Khobar Towers attack.
  Many of these families have waited for years--and, in some cases, 
decades--for relief, and that is what we seek today. I believe that we 
can take a voice vote.
  I turn to Senator Whitehouse, yield to him for a moment. I know he 
wants to speak to it.
  Mr. WHITEHOUSE. Mr. President, I just want to say, on behalf of 
Senator Reed and myself, that we urge a ``yes'' vote from Rhode Island 
in memory of the nine Rhode Islanders who perished in the Beirut 
bombing blast on that deadly day--a ``yea'' vote and a voice vote.
  The PRESIDENT pro tempore. The majority leader.
  Mr. SCHUMER. Mr. President, I want to thank Senator Menendez and 
Senator Cotton--another good example of bipartisan progress. Families 
have been left out, in several different instances, who are victims of 
terrorism, who have had relatives who were victims of terrorism. We are 
saying: We stand by you.
  Let's vote. Let's vote by voice.
  The PRESIDENT pro tempore. The Senator from Arkansas.
  Mr. COTTON. Mr. President, our amendment achieves a simple goal 
desired by all of us: equal treatment for all the 9/11 families, the 
Beirut Marine barracks bombing families, and all victims of terrorism.
  To those families, we know that nothing we do here can assuage your 
grief or replace your loss, but we pray that this action by your 
Congress, on behalf of your fellow citizens, will serve as a reminder 
that we hold you close in our hearts and we pray for your comfort.
  As a show of our support and love for these families, I suggest the 
Senate accept the amendment by voice vote.
  The PRESIDENT pro tempore. The Senator from Kentucky.
  Mr. PAUL. Mr. President, we all have a great deal of sympathy for the 
firemen, the policemen, and those first responders who responded to 9/
11; but like most things government does or gets involved with, they 
have completely disturbed and destroyed who we are actually helping 
here.
  The definition of ``victims fund'' also includes anybody in Manhattan 
at the time. So, really, Donald Trump is part of this fund as well. 
Anybody who was in Manhattan is part of this fund. So you dilute what 
you are actually trying to do--helping first responders--by making your 
fund so large, so ill-defined, that everybody in Manhattan can apply 
for your fund. That is why you are short of money. That is why we spend 
$1.7 trillion in this bill, and yet we come back--the last vote was for 
a billion, and this is for another 4 or 5 billion.
  There is no end to this, but it is because government does a poor job 
of trying to define who they are actually helping.

[[Page S10075]]

  The PRESIDENT pro tempore. The question is on the amendment.
  All those in favor--
  Mr. PAUL. I object. It has to be unanimous consent. There is a 
unanimous consent order and agreement.
  I ask for the yeas and nays, but I don't think you have to.
  The PRESIDENT pro tempore. Has anybody asked for the yeas and nays?
  Is there a sufficient second?
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the 60-vote 
threshold be vitiated with respect to this amendment.
  The PRESIDENT pro tempore. Is there objection?
  Mr. PAUL. I object.
  The PRESIDENT pro tempore. Objection is heard.
  Mr. SCHUMER. I ask for the yeas and nays.


                       Vote on Amendment No. 6617

  The PRESIDENT pro tempore. 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. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The result was announced--yeas 93, nays 4, as follows:

                      [Rollcall Vote No. 420 Leg.]

                                YEAS--93

     Baldwin
     Bennet
     Blackburn
     Blumenthal
     Blunt
     Booker
     Boozman
     Braun
     Brown
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Crapo
     Cruz
     Daines
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hassan
     Hawley
     Heinrich
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kaine
     Kelly
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lujan
     Lummis
     Manchin
     Markey
     Marshall
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Risch
     Romney
     Rosen
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Scott (FL)
     Scott (SC)
     Shaheen
     Shelby
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--4

     Hickenlooper
     Lee
     Paul
     Tuberville

                             NOT VOTING--3

     Barrasso
     Burr
     Cramer
  The PRESIDING OFFICER (Mr. King). On this vote, the yeas are 93, the 
nays are 4.
  Under the previous order requiring 60 votes for the adoption of the 
amendment, the amendment is agreed to.
  The amendment (No. 6617) was agreed to.
  Mr. SCHUMER. Mr. President, we are about to have a vote on final 
passage. Senator Leahy will speak for no more than 2 minutes; Senator 
Shelby, for no more than 2; I will speak for less than a minute.
  Members should be advised, there may, may not, be a vote on three 
military appointees after final passage.
  It will need unanimous consent to get it done. Right?
  Some people are trying to do it. We will see what happens. It is not 
me doing it.
  Let's go to the statements now. Senator Leahy.


                          Amendments Withdrawn

  The PRESIDING OFFICER (Mr. Murphy). Under the previous order, the 
motion to refer and the amendments pending thereto and amendment No. 
6511 are withdrawn.


                Motion to Concur with Amendment No. 6552

  There is now 2 minutes of debate equally divided prior to the vote on 
the motion to concur with amendment No. 6552, as amended.
  The Senator from Vermont is recognized.
  Mr. LEAHY. Mr. President, I brought a lot of bills to the floor here. 
This will be the last one I bring to the floor of the Senate. But it is 
one that we have to act on quickly or we risk a government shutdown.
  This omnibus appropriations bill provides $1.7 trillion for fiscal 
year 2023, $42 billion in aid to Ukraine, and $27 billion for victims 
of natural disaster.
  It is a strong, bicameral, and bipartisan bill; and it adheres to the 
framework announced by Vice Chairman Shelby, Chair DeLauro, and myself 
last week.
  From funding for nutrition programs and housing assistance, to 
reducing home energy costs and increasing college affordability, this 
bill is a direct investment into the American people and our national 
security, which we cannot delay further. The pain of inflation is real, 
and it is being felt by families across the country and in every corner 
of the Federal Government.
  Not only does this bill provide real relief from inflation, it is 
this bill where we fund the promises of the landmark, bipartisan 
legislation that we passed in the 117th Congress.
  The bill provides $1.8 billion in new funding to implement the 
bipartisan CHIPS and Science Act of 2022. This will help drive our 
innovative and competitive edge on the global stage. We included $9.9 
billion--an historic level of funding--for the National Science 
Foundation, which will support 2,300 more research and education grants 
and 35,000 more scientists, technicians, teachers, and students.
  In the bipartisan PACT Act, we made a commitment to countless 
veterans across the country to ensure that they receive healthcare and 
benefits related to exposure to burn pits, Agent Orange, and other 
toxic substances. This appropriations bill makes good on that promise 
by providing $5 billion to implement the PACT Act. It provides $118.7 
billion--a 22-percent increase--for VA Medical Care. These benefits are 
deserved. They were earned, and they are owed.
  In the bipartisan Infrastructure Investment and Jobs Act, we finally 
made a significant investment in addressing our Nation's crumbling 
bridges, roads, and infrastructure. This appropriations bill puts tens 
of billions of real dollars behind those investments to bring our 
infrastructure into the 21st century.
  Last week, we passed the National Defense Authorization Act--NDAA--
with overwhelming bipartisan support, but that legislation did not 
contain a single penny in funding. The bill we consider today does, and 
it fully funds the NDAA.
  But the investments in this bill will go far beyond the bipartisan 
priorities of this year. It makes real investments that will directly 
improve the lives of the American people. It includes a $500 increase 
to the maximum Pell grant award, which helps more than 7 million 
students across the country pursue a postsecondary education and 
further their careers every year. It invests billions of dollars in our 
Nation's public schools by providing a 5-percent increase for title I-A 
grants.
  It helps to address the crisis of childcare access and affordability 
by providing $8 billion for Child Care and Development Block Grants and 
nearly $12 billion for Head Start. These programs directly help parents 
access quality childcare and promote children's healthy development, 
learning, and well-being.
  It continues our efforts to confront the opioid crisis. I am sure 
every Member of this Chamber knows someone who struggles with substance 
misuse or someone who advocates on their behalf. I know Marcelle and I 
do. Communities across the country host grieving families and people 
struggling with addiction from all walks of life who need new resources 
now, and this bill provides them. This includes a more than $345 
million increase to address this crisis.
  Across this country there are more than 34 million people who are 
food insecure, including 9 million children. This should not happen in 
the wealthiest country in the world, and with the cost of groceries up 
more than 10 percent, this crisis could only get worse. Our bill 
provides a $13.4 billion increase for the Supplemental Nutrition 
Program and funds Child Nutrition Programs, WIC, and other programs to 
improve nutrition.

  This is just scratching the surface of what this appropriations bill 
will mean for the American people, our national security, and how we 
project our influence abroad. Our bill invests billions of dollars to 
help to make housing more affordable and help those in this country who 
are experiencing homelessness. We provide $5 billion for LIHEAP, and we 
provide funding to support local law

[[Page S10076]]

enforcement and place more than 1,800 additional police officers on the 
streets of our communities.
  The bill includes over $42 billion in aid to Ukraine and over $27 
billion for the victims of natural disasters.
  The real good this bill does is too long to list now. But if you 
voted for the bipartisan PACT Act, CHIPS Act, Infrastructure Law, or 
the NDAA, you should vote for this bill to actually fund them; if you 
want to help families deal with the cost of heating, childcare, 
college, food, and housing, you should vote for this bill; if you want 
to support law enforcement, you should vote for this bill.
  The choice is clear: We can either do our jobs and fund the Federal 
Government--which is undoubtedly in the interest of the American 
people--or we can abandon our responsibilities without a real path 
forward. The alternative, a continuing resolution into the New Year, is 
short-sighted and wholly unnecessary. It imperils our national 
security, and it ignores the real pain and consequences of inflation. 
Without a clear path forward based on a bipartisan framework, punting 
on our responsibility to fund the Federal Government risks a full-year 
continuing resolution. Under a continuing resolution, America gets left 
behind.
  I strongly urge the support of this omnibus appropriations bill. I 
want to thank my dear friend Vice Chairman Shelby for his partnership 
in this process, and I want to thank Chair DeLauro for her diligent 
work. Without their work and cooperation, we would not be where we are 
today.
  I also want to thank our staffs who spent countless, sleepless nights 
working through the details of this bill. Specifically, I want to thank 
Charles Kieffer, Chanda Betourney, Jay Tilton, and Maria Calderon on my 
staff. There are so many, many more who worked tireless days and 
nights--far too many names to say now--so I would like to submit a list 
of these staff into the Record:

       Charles Kieffer; Chanda Betourney; Jay Tilton; Maria 
     Calderon; Tim Rieser; Clint Trocchio; Jenny Winkler; Ben 
     Hammond; Joshua Kravitz; Hong Nguyen; George Castro; Dianne 
     Nellor; Rachel Erlebacher; Hannah Chauvin; Jess Berry; Blaise 
     Sheridan; Michael Bednarczyk; Angela Caalim; Lindsay 
     Erickson; Kate Kaufer; Mike Clementi; Abigail Grace; Katy 
     Hagan; Brigid Kolish; Rob Leonard; John Lucio; Andy 
     Vanlandingham; Laura Mancini; Drew Platt; Doug Clapp; Aaron 
     Goldner; Jen Becker Pollett; Laura Powell; Ellen Murray; 
     Diana Hamilton; Maddie Dunn; Kamela White; Jenn Piatt; Jim 
     Daumit; Frank Reed; Melissa Zimmerman; Ryan Hunt; Martha 
     Roberts; Anthony Sedillo; Alex Keenan; Kelly Brown; Mike 
     Gentile; Mark Laisch; Meghan Mott; Kathryn Toomajian; Fiona 
     O'Brien; Richard Braddock; Michelle Dominguez; Joanne Hoff; 
     Jason McMahon; Alex Carnes; Kali Farahmand; Sarita Vanka; 
     Madeleine Granda; Dabney Hegg; Kelsey Daniels; Rajat Mathur; 
     Jessica Sun; Valerie Hutton; Elmer Barnes; Penny Myles; Karin 
     Thames; Lynn Cookley; Alley Adcock; David Adkins; Lucas 
     Agnew; Jennifer Bastin; Katherine Bowles; Patrick Carroll; 
     Michael Ciamarra; Chris Cook; Allen Cutler; Brian Daner; 
     Elizabeth Dent; Bill Duhnke; Anna Fischer Lanier; John 
     Forbes; Laura Friedel; Paul Grove; Ann Tait Hall; Hanz 
     Heinrichs; Nora Khalil; Emy Lesofski; Rachel Littleton; 
     Patrick Magnunson; Nona McCoy; Daniel Mencher; Thompson 
     Moore; Anna Newton; Lauren Nunnally; Cameron O'Brien; Ashley 
     Palmer; Todd Phillips; Emily Slack; Lashawnda Smith; Blair 
     Taylor; William Tutt; Morgan Ulmer; Kevin Wheeler; Kathleen 
     Williams; Jason Woolwine; Jason Yaworske; and Adam Yezerski.

  This is a bill that invests in us--the American people.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SHELBY. Mr. President, I rise today for the last time here to 
address my colleagues on the floor. After nearly 100 years of combined 
service between myself and the chairman, I think that we understand the 
Senate a little bit. This bill, we know what it is--we know it is an 
omnibus. We know it is not perfect. But it has a lot of stuff in it, a 
lot of good stuff. And I urge all my friends and colleagues to vote for 
this, for it is the right thing for the government, the right thing for 
the Nation, I believe.
  Also, I want to thank the entire Appropriations and leadership staff 
on both sides of the aisle here for their years of service while I have 
served on the committee. And, also, once again, without them, we 
wouldn't be where we are today.
  Mr. President, I rise today for the last time to address my 
colleagues on the floor of the United States Senate.

  After nearly 100 years of combined public service, my longtime 
colleague, good friend, and chairman of the Appropriations Committee, 
Senator Patrick Leahy, and I are seeking your support on one last piece 
of legislation.
  This particular bill or omnibus, as we call it, includes all 12 
appropriations bills as well as emergency supplemental funding for 
disaster relief and Ukraine.
  I think the chairman would agree that the road we traveled to get to 
this point has been long, and it has been winding at times. We have hit 
some rough patches, taken some detours, and at times we broke down on 
the side of the road.
  Notwithstanding the difficulties and disagreements, however, we 
always shared the same goal--getting to yes.
  Was this a perfect process that led to a perfect result? Of course 
not. It never is, and it never does.
  The path we followed to produce this particular legislation is not 
the path that either one of us would have freely chosen. Over the 
years, our strong preference has been to engage in regular order, but, 
for a number of reasons, many of them out of our control, that was not 
to be this time around.
  This bill in just about every respect represents a compromise. The 
legislative process and the appropriations process in particular rarely 
produce anything different. In other words, if you are seeking purity, 
you will not find it here, and you never will.
  What you will find in this bill, however, is a serious commitment to 
our national defense, aid for Americans in need as a result of natural 
disasters, and continuing support for the people of Ukraine as they 
fight against Russian aggression.
  As the Republican leader pointed out yesterday, we have a choice to 
make. I urge you all to choose in favor of our men and women in uniform 
and fulfill one of our most fundamental obligations and that is to fund 
the government.
  Mr. President, before I yield, I would like to once again recognize 
my good friend the senior Senator from Vermont. It has been my great 
privilege and high honor to serve beside him for my entire Senate 
career. He personifies what it means to be a United States Senator, and 
this body will surely miss him.
  I would also like to thank the entire Appropriations and leadership 
staff on both sides of the aisle, not only for their years of service 
while I served on the committee but also for once again doing the 
impossible under extremely demanding circumstances. It is my hope that 
we will reward your tireless efforts with a strong vote in favor of 
this bill.
  The PRESIDING OFFICER. The majority leader.
  Mr. SCHUMER. Mr. President, this is one of the most significant 
appropriations packages we have done in a very long time. The range of 
people it helps is large and deep. After a lot of hard work and 
compromise, the Senate is funding the government with an aggressive 
investment in American families, workers, and national defense.
  Here is who it helps: working families, parents who can't afford 
childcare, pregnant workers, students, and so much more. It is one of 
the most significant packages for women across America, including 
protections for pregnant workers, part of the Momnibus and new moms who 
will now get 1 year of postpartum care. And it is fitting we are ending 
the 117th Congress by protecting our democracy through reforming the 
Electoral Count Act.
  I want to thank the great staff of the Appropriations Committee: 
Chuck Kieffer and Chanda Betourney. I want to thank all of those who 
worked so hard and the members of the committee. And I think it is only 
appropriate to conclude with a round of applause for our two great 
leaders, Senators Leahy and Shelby, who have done a great job through 
the years on the Appropriations Committee.
  (Applause, Senators rising.)


                        Vote on Motion to Concur

  Mr. SCHUMER. I ask for the yeas and nays.
  This will be, by the way--we couldn't work out that military thing--
this will be the last rollcall vote.
  Merry Christmas and a happy new year to one and all.

[[Page S10077]]

  The PRESIDENT pro tempore. The question is on agreeing to the motion 
to concur with amendment No. 6552, as amended.
  The yeas and nays are requested.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from North Carolina (Mr. 
Burr), and the Senator from North Dakota (Mr. Cramer).
  The result was announced--yeas 68, nays 29, as follows:

                      [Rollcall Vote No. 421 Leg.]

                                YEAS--68

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

                                NAYS--29

     Blackburn
     Braun
     Cassidy
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     Paul
     Risch
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Sullivan
     Tillis
     Toomey
     Tuberville

                             NOT VOTING--3

     Barrasso
     Burr
     Cramer
  The PRESIDENT pro tempore. On this vote, the yeas are 68, the nays 
are 29.
  Under the previous order requiring 60 votes for the adoption of the 
motion to concur in the House amendment to the Senate amendment No. 4 
with an amendment No. 6552, the motion is agreed to.
  The motion was agreed to.
  The PRESIDENT pro tempore. The Senator from Oregon.

                          ____________________