[Congressional Record Volume 169, Number 160 (Saturday, September 30, 2023)]
[House]
[Pages H4915-H4926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONTINUING APPROPRIATIONS ACT, 2024 AND OTHER EXTENSIONS ACT
Ms. GRANGER. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 5860) making continuing appropriations for fiscal year 2024,
and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5860
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations
Act, 2024 and Other Extensions Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
[[Page H4916]]
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024
DIVISION B--OTHER MATTERS
TITLE I--EXTENSIONS AND OTHER MATTERS
TITLE II--FAA EXTENSION
TITLE III--HEALTH AND HUMAN SERVICES
TITLE IV--BUDGETARY EFFECTS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2024, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts
for fiscal year 2023 and under the authority and conditions
provided in such Acts, for continuing projects or activities
(including the costs of direct loans and loan guarantees)
that are not otherwise specifically provided for in this Act,
that were conducted in fiscal year 2023, and for which
appropriations, funds, or other authority were made available
in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2023
(division A of Public Law 117-328), except section 729, and
including the matter under the headings ``Food for Peace
Title II Grants'' and ``McGovern-Dole International Food for
Education and Child Nutrition Program Grants'' in title I of
division M of Public Law 117-328, the matter under the
headings ``Agricultural Research Service--Buildings and
Facilities'', ``Food Safety and Inspection Service'', ``Rural
Housing Service-- Rural Community Facilities Program
Account'' (except all that follows after ``expended'' in such
matter and except that such matter shall be applied by
substituting ``$25,300,000'' for ``$75,300,000''), and
``Rural Utilities Service--Rural Water and Waste Disposal
Program Account'' (except all that follows after ``expended''
in such matter and except that such matter shall be applied
by substituting ``$60,000,000'' for ``$325,000,000'') in
title I of division N of Public Law 117-328, and section 2102
in title I of such division N.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2023 (division B of Public Law 117-328),
except section 540, and except section 521(d)(1) shall be
applied by substituting ``$122,572,000'' for
``$705,768,000'', and including the matter under the headings
``Federal Prison System--Buildings and Facilities'' and
``National Science Foundation--STEM Education'' (except all
that follows after ``2024'' in such matter and except that
such matter shall be applied by substituting ``$92,000,000''
for ``$217,000,000'') in title II of division N of Public Law
117-328, and the second paragraph under each of the headings
``National Oceanic and Atmospheric Administration--
Operations, Research, and Facilities'' (except all that
follows after ``2024'' in such paragraph and except that such
paragraph shall be applied by substituting ``$42,000,000''
for ``$62,000,000''), ``National Oceanic and Atmospheric
Administration--Procurement, Acquisition and Construction'',
``National Aeronautics and Space Administration--Construction
and Environmental Compliance and Restoration'', and
``National Science Foundation--Research and Related
Activities'' (except all that follows after ``2024'' in such
paragraph and except that such paragraph shall be applied by
substituting ``$608,162,000'' for ``$818,162,000'') in title
II of such division N.
(3) The Department of Defense Appropriations Act, 2023
(division C of Public Law 117-328).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2023 (division D of Public Law 117-328),
except the first proviso under the heading ``SPR Petroleum
Account'', and except the second paragraph under the heading
``Title 17 Innovative Technology Loan Guarantee Program'',
and including the matter under the heading ``Energy
Programs--Nuclear Energy'' in title III of division M of
Public Law 117-328 and the second paragraph under each of the
headings ``Corps of Engineers--Civil--Department of the
Army--Construction'' and ``Corps of Engineers--Civil--
Department of the Army--Operation and Maintenance'' in title
IV of division N of Public Law 117-328.
(5) The Financial Services and General Government
Appropriations Act, 2023 (division E of Public Law 117-328).
(6) The Department of Homeland Security Appropriations Act,
2023 (division F of Public Law 117-328), section 2602 of
title VI of division N of Public Law 117-328, and title III
of division O of Public Law 117-328.
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2023 (division G of
Public Law 117-328), except section 443, and including the
second paragraph under each of the headings ``Department of
the Interior--Departmental Offices--Department-Wide
Programs--Wildland Fire Management'' and ``Related Agencies--
Department of Agriculture--Forest Service--Wildland Fire
Management'' in title VII of division N of Public Law 117-
328.
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2023
(division H of Public Law 117-328), section 145 of division A
of Public Law 117-180, and the second paragraph under the
heading ``Administration for Children and Families--Low
Income Home Energy Assistance'' in title VIII of division N
of Public Law 117-328.
(9) The Legislative Branch Appropriations Act, 2023
(division I of Public Law 117-328).
(10) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2023 (division J of
Public Law 117-328).
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2023 (division K of
Public Law 117-328), except section 7069, and including the
matter under the headings ``Department of State--
Administration of Foreign Affairs--Diplomatic Programs''
(except all that follows after ``2024'' in such matter and
except that such matter shall be applied by substituting
``$87,054,000'' for ``$147,054,000''), ``Bilateral Economic
Assistance--Funds Appropriated to the President--
International Disaster Assistance'' (except all that follows
after ``expended'' in such matter and except that such matter
shall be applied by substituting ``$637,902,000'' for
``$937,902,000''), ``Bilateral Economic Assistance--Funds
Appropriated to the President--Assistance for Europe, Eurasia
and Central Asia'', ``Bilateral Economic Assistance--
Department of State--Migration and Refugee Assistance''
(except all that follows after ``expended'' in such matter
and except that such matter shall be applied by substituting
``$915,048,000'' for ``$1,535,048,000''), and ``International
Security Assistance--Department of State--International
Narcotics Control and Law Enforcement'' (except all that
follows after ``2024'' in such matter and except that such
matter shall be applied by substituting ``$74,996,000'' for
``$374,996,000'') in title VII of division M of Public Law
117-328.
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2023 (division L of
Public Law 117-328), except sections 153 and 420, and
including the matter under the headings ``Public and Indian
Housing-- Tenant-Based Rental Assistance'' and ``Housing
Programs--Project-Based Rental Assistance'' in title X of
division N of Public Law 117-328.
Sec. 102. (a) No appropriation or funds made available or
authority granted pursuant to section 101 for the Department
of Defense shall be used for:
(1) the new production of items not funded for production
in fiscal year 2023 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2023 funds; or
(3) the initiation, resumption, or continuation of any
project, activity, operation, or organization (defined as any
project, subproject, activity, budget activity, program
element, and subprogram within a program element, and for any
investment items defined as a P-1 line item in a budget
activity within an appropriation account and an R-1 line item
that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2023.
(b) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense
shall be used to initiate multi-year procurements utilizing
advance procurement funding for economic order quantity
procurement unless specifically appropriated later.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted
pursuant to section 101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or
other authority were not available during fiscal year 2023.
Sec. 105. Appropriations made and authority granted
pursuant to this Act shall cover all obligations or
expenditures incurred for any project or activity during the
period for which funds or authority for such project or
activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in
the applicable appropriations Act for fiscal year 2024,
appropriations and funds made available and authority granted
pursuant to this Act shall be available until whichever of
the following first occurs:
(1) The enactment into law of an appropriation for any
project or activity provided for in this Act.
(2) The enactment into law of the applicable appropriations
Act for fiscal year 2024 without any provision for such
project or activity.
(3) November 17, 2023.
Sec. 107. Expenditures made pursuant to this Act shall be
charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. Appropriations made and funds made available by
or authority granted pursuant to this Act may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United
States Code, but nothing in this Act may be construed to
waive any other provision of law governing the apportionment
of funds.
[[Page H4917]]
Sec. 109. Notwithstanding any other provision of this Act,
except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution
of appropriations at the beginning of fiscal year 2024
because of distributions of funding to States, foreign
countries, grantees, or others, such high initial rates of
operation or complete distribution shall not be made, and no
grants shall be awarded for such programs funded by this Act
that would impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the
most limited funding action of that permitted in the Act
shall be taken in order to provide for continuation of
projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts
for fiscal year 2023, except the matter under the heading
``Cost of War Toxic Exposures Fund'' in title II of division
J of Public Law 117-328, and for activities under the Food
and Nutrition Act of 2008, activities shall be continued at
the rate to maintain program levels under current law, under
the authority and conditions provided in the applicable
appropriations Act for fiscal year 2023, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory
payments due on or about the first day of any month that
begins after October 2023 but not later than 30 days after
the date specified in section 106(3) may continue to be made,
and funds shall be available for such payments.
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation and benefits in each
department and agency may be apportioned up to the rate for
operations necessary to avoid furloughs within such
department or agency, consistent with the applicable
appropriations Act for fiscal year 2023, except that such
authority provided under this section shall not be used until
after the department or agency has taken all necessary
actions to reduce or defer non-personnel-related
administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a)(1) For each amount incorporated by reference
in this Act from amounts provided by division M or N of
Public Law 117-328, each section or paragraph of an account
providing each such amount, as applicable, shall be applied
as if that section or paragraph ended with the following
sentence: ``The amount provided herein is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.''.
(2) Each amount incorporated by reference in this Act that
was previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on
June 8, 2022, or as being for disaster relief pursuant to a
concurrent resolution on the budget in the Senate and section
1(f) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022, is designated by
the Congress as being an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
(b)(1) Each amount incorporated by reference in this Act
that was specified to meet the terms of section 4004(b)(5)(B)
of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section
1(g)(2) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022, or as additional
new budget authority for purposes of section 4004(b)(5) of
such concurrent resolution and section 1(g) of such House
resolution, is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, or is additional new budget
authority as specified for purposes of section 251(b)(2)(F)
of such Act, respectively.
(2) Each amount incorporated by reference in this Act for
``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and Employment
Service Operations'' that was specified to meet the terms of
a concurrent resolution on the budget in the Senate and
section 1(j)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022, or
as additional new budget authority for purposes of a
concurrent resolution on the budget in the Senate and section
1(j) of such House resolution, is provided to meet the terms
of section 251(b)(2)(E)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, or is additional new
budget authority as specified for the purposes of section
251(b)(2)(E) of such Act, respectively.
(3) Each amount incorporated by reference in this Act for
``Department of Health and Human Services-- Centers for
Medicare & Medicaid Services--Health Care Fraud and Abuse
Control Account'' that was specified to meet the terms of a
concurrent resolution on the budget in the Senate, or as
additional new budget authority for purposes of a concurrent
resolution on the budget in the Senate and section 1(h) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022, is provided to meet the
terms of section 251(b)(2)(C)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, or is additional new
budget authority as specified for the purposes of section
251(b)(2)(C) of such Act, respectively.
(4) Each amount incorporated by reference in this Act for
``Social Security Administration--Limitation on
Administrative Expenses'' that was specified to meet the
terms of a concurrent resolution on the budget in the Senate,
or as additional new budget authority for purposes of a
concurrent resolution on the budget in the Senate and section
1(i) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022, is provided to meet
the terms of section 251(b)(2)(B)(ii)(III) of the Balanced
Budget and Emergency Deficit Control Act of 1985, or is
additional new budget authority as specified for the purposes
of section 251(b)(2)(B) of such Act, respectively.
(c) Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985 shall be available (or repurposed or rescinded, if
applicable) only if the President subsequently so designates
all such amounts and transmits such designations to the
Congress.
Sec. 115. (a) Rescissions or cancellations of discretionary
budget authority that continue pursuant to section 101 in
Treasury Appropriations Fund Symbols (TAFS)--
(1) to which other appropriations are not provided by this
Act, but for which there is a current applicable TAFS that
does receive an appropriation in this Act; or
(2) which are no-year TAFS and receive other appropriations
in this Act, may be continued instead by reducing the rate
for operations otherwise provided by section 101 for such
current applicable TAFS, as long as doing so does not impinge
on the final funding prerogatives of the Congress.
(b) Rescissions or cancellations described in subsection
(a) shall continue in an amount equal to the lesser of--
(1) the amount specified for rescission or cancellation in
the applicable appropriations Act referenced in section 101
of this Act; or
(2) the amount of balances available, as of October 1,
2023, from the funds specified for rescission or cancellation
in the applicable appropriations Act referenced in section
101 of this Act.
(c) No later than November 17, 2023, the Director of the
Office of Management and Budget shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a comprehensive list of the rescissions or
cancellations that will continue pursuant to section 101:
Provided, That the information in such comprehensive list
shall be periodically updated to reflect any subsequent
changes in the amount of balances available, as of October 1,
2023, from the funds specified for rescission or cancellation
in the applicable appropriations Act referenced in section
101, and such updates shall be transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate upon request.
Sec. 116. Amounts made available by section 101 for ``Farm
Service Agency--Agricultural Credit Insurance Fund Program
Account'' may be apportioned up to the rate for operations
necessary to accommodate approved applications for direct and
guaranteed farm ownership loans, as authorized by 7 U.S.C.
1922 et seq.
Sec. 117. Amounts made available by section 101 for
``Rural Housing Service--Rental Assistance Program'' may be
apportioned up to the rate for operations necessary to
maintain activities as authorized by section 521(a)(2) of the
Housing Act of 1949.
Sec. 118. Amounts made available by section 101 for
``Domestic Food Programs--Food and Nutrition Service--Special
Supplemental Nutrition Program for Women, Infants, and
Children (WIC)'' may be apportioned at the rate for
operations necessary to maintain participation.
Sec. 119. Amounts made available by section 101 for
``Domestic Food Programs--Food and Nutrition Service--
Commodity Assistance Program'' may be apportioned up to the
rate for operations necessary to maintain current program
caseload in the Commodity Supplemental Food Program.
Sec. 120. Section 260 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1636i) and section 942 of the Livestock
Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public
Law 106-78) shall be applied by substituting the date
specified in section 106(3) of this Act for ``September 30,
2023''.
Sec. 121. Amounts made available by section 101 for
``National Telecommunications and Information
Administration--Salaries and Expenses'' may be apportioned up
to the rate for operations necessary to administer broadband
programs.
Sec. 122. (a) Funds previously made available in the
Consolidated Appropriations Act, 2017 (Public Law 115-31) and
the Consolidated Appropriations Act, 2018 (Public Law 115-
141) under the heading ``National Aeronautics and Space
Administration--Space Operations'' that were available for
obligation through fiscal year 2018 and fiscal year 2019,
respectively, are to remain available through fiscal year
2024 for the liquidation of
[[Page H4918]]
valid obligations incurred in fiscal years 2017 through 2019.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2023, this
section shall be applied as if it were in effect on September
30, 2023.
Sec. 123. For purposes of section 235(b) of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-473;
98 Stat. 2032), as such section relates to chapter 311 of
title 18, United States Code, and the United States Parole
Commission, each reference in such section to ``36 years'' or
``36-year period'' shall be deemed a reference to ``36 years
and 17 days'' or ``36-year and 17-day period'', respectively.
Sec. 124. Notwithstanding sections 102 and 104, amounts
made available by section 101 to the Department of Defense
for ``Shipbuilding and Conversion, Navy'' may be apportioned
up to the rate for operations necessary for ``Ohio
Replacement Submarine (Full Funding)'' in an amount not to
exceed $621,270,000 for the procurement of one Columbia Class
Submarine.
Sec. 125. During the period covered by this Act, section
714(b)(2)(B) of title 10, United States Code, shall be
applied by substituting ``four years'' for ``two years''.
Sec. 126. Notwithstanding section 101, the matter
preceding the first proviso under the heading ``Office of
Personnel Management--Salaries and Expenses'' in division E
of Public Law 117-328 shall be applied by substituting
``$219,076,000'' for ``$190,784,000''.
Sec. 127. Notwithstanding any other provision of this Act,
except section 106, the District of Columbia may expend local
funds made available under the heading ``District of
Columbia--District of Columbia Funds'' for such programs and
activities under the District of Columbia Appropriations Act,
2023 (title IV of division E of Public Law 117-328) at the
rate set forth in the Fiscal Year 2024 Local Budget Act of
2023 (D.C. Act 25-161), as modified as of the date of
enactment of this Act.
Sec. 128. Amounts made available by section 101 to the
Department of Homeland Security under the heading ``Federal
Emergency Management Agency--Disaster Relief Fund'' may be
apportioned up to the rate for operations necessary to carry
out response and recovery activities under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
Sec. 129. In addition to amounts otherwise provided by
section 101, for ``Federal Emergency Management Agency--
Disaster Relief Fund'', there is appropriated
$16,000,000,000, for an additional amount for fiscal year
2024, to remain available until expended, of which $2,000,000
shall be transferred to ``Office of the Inspector General--
Operations and Support'' for audits and investigations of
activities funded under ``Federal Emergency Management
Agency--Disaster Relief Fund'' and $15,500,000,000 shall be
for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 130. (a) Sections 1309(a) and 1319 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026)
shall be applied by substituting the date specified in
section 106(3) of this Act for ``September 30, 2023''.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2023, this
section shall be applied as if it were in effect on September
30, 2023.
Sec. 131. Section 227(a) of the Federal Cybersecurity
Enhancement Act of 2015 (6 U.S.C. 1525(a)) shall be applied
by substituting the date specified in section 106(3) of this
Act for ``September 30, 2023''.
Sec. 132. Amounts made available by section 101 for
``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' and ``Department of Agriculture--
Forest Service--Wildland Fire Management'' shall be available
for the Federal wildland firefighter base salary increase
provided under section 40803(d)(4)(B) of Public Law 117-58
and may be apportioned up to the rate for operations
necessary to continue to fund such base salary increase.
Sec. 133. Activities authorized by part A of title IV
(other than under section 403(c) or 418) and section 1108(b)
of the Social Security Act shall continue through the date
specified in section 106(3), in the manner authorized for
fiscal year 2023, and out of any money in the Treasury of the
United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose.
Sec. 134. Notwithstanding section 101, section 126 of
division J of Public Law 117-328 shall be applied during the
period covered by this Act by substituting ``fiscal year
2017, fiscal year 2018, and fiscal year 2019'' for ``fiscal
year 2017 and fiscal year 2018''.
Sec. 135. The authority provided by section 2401 of the
Afghanistan Supplemental Appropriations Act, 2022 (division C
of Public Law 117-43) shall continue in effect through the
date specified in section 106(3) of this Act.
Sec. 136. Notwithstanding section 101, the matter under
the heading ``Bilateral Economic Assistance--Independent
Agencies--Millennium Challenge Corporation'' in title III of
division K of Public Law 117-328 shall be applied by
inserting the following new provisos before the last proviso:
``Provided further, That the member of the Board described in
section 604(c)(3)(B)(ii) of the Millennium Challenge Act of
2003, as amended (22 U.S.C. 7703(c)(3)(B)(ii)), whose term
began on September 16, 2019, shall continue to serve in such
appointment until March 31, 2024: Provided further, That in
the event that a new member of the Board described in section
604(c)(3)(B) of such Act (22 U.S.C. 7703(c)(3)(B)) is
appointed prior to March 31, 2024, the term of the member of
the Board whose term began on September 16, 2019, shall
terminate as of the date of such appointment:''.
Sec. 137. Notwithstanding section 101, the matter
preceding the first proviso under the heading ``Department of
Transportation--Federal Aviation Administration--Facilities
and Equipment'' in title I of division L of Public Law 117-
328 shall be applied by substituting ``$617,000,000'' for
``$570,000,000'' and substituting ``$2,174,200,000'' for
``$2,221,200,000''.
DIVISION B--OTHER MATTERS
TITLE I--EXTENSIONS AND OTHER MATTERS
SEC. 2101. EXTENSION OF CERTAIN PROVISIONS OF THE COMPACT OF
FREE ASSOCIATION WITH THE FEDERATED STATES OF
MICRONESIA AND THE FEDERAL PROGRAM AND SERVICES
AGREEMENTS WITH THE FEDERATED STATES OF
MICRONESIA AND THE REPUBLIC OF THE MARSHALL
ISLANDS.
(a) Grant and Other Financial Assistance.--
(1) In general.--During the period beginning on October 1,
2023, and ending on November 17, 2023, any activities
described in sections 211, 212, and 215 of the Compact of
Free Association between the Government of the United States
of America and the Government of the Federated States of
Micronesia set forth in section 201(a) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188) shall, with the mutual consent of the
Federated States of Micronesia, continue in the manner
authorized and required for fiscal year 2023 under the
agreements described in paragraphs (4) and (5) of section
462(b) of that Compact.
(2) Funding.--There is appropriated, out of any money in
the Treasury not otherwise appropriated, to carry out the
activities authorized under paragraph (1) an amount equal to
the pro rata portion of the amount appropriated for those
activities for fiscal year 2023.
(b) Federal Programs and Services.--During the period
beginning on October 1, 2023, and ending on the date on which
a new Federal programs and services agreement with the
applicable country enters into force, any activities
described in sections 131, 132, and 221(a) of the Compact of
Free Association between the Government of the United States
of America and the Government of the Federated States of
Micronesia set forth in section 201(a) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188) and sections 131, 132, and 221(a) of the
Compact of Free Association between the Government of the
United States of America and the Government of the Republic
of the Marshall Islands set forth in section 201(b) of that
Act shall, with the mutual consent of the Federated States of
Micronesia or the Republic of the Marshall Islands, as
applicable, continue in the manner authorized and required
for fiscal year 2023 under the agreement described in section
462(b)(1) of the Compact of Free Association between the
Government of the United States of America and the Government
of the Federated States of Micronesia set forth in section
201(a) of that Act and the agreement described in section
462(b)(1) of the Compact of Free Association between the
Government of the United States of America and the Government
of the Republic of the Marshall Islands set forth in section
201(b) of that Act, respectively.
SEC. 2102. EXTENSION OF DEADLINE TO PROMULGATE CERTAIN
REGULATIONS.
Section 413(a) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5373(a)) is amended--
(1) in paragraph (2), by striking ``21 months'' and
inserting ``38 months''; and
(2) in paragraph (3), by striking ``30 months'' and
inserting ``50 months''.
TITLE II--FAA EXTENSION
Subtitle A--Federal Aviation Programs
SEC. 2201. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103(a) of
title 49, United States Code, is amended--
(1) in paragraph (5) by striking the ``and'' at the end;
(2) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) $842,076,502 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
(b) Obligation Authority.--Subject to limitations specified
in advance in appropriation Acts, sums made available
pursuant to the amendment made by subsection (a) may be
obligated at any time through September 30, 2024, and shall
remain available until expended.
(c) Program Implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United
States Code, for the period beginning on October 1, 2023, and
ending on December
[[Page H4919]]
31, 2023, the Administrator of the Federal Aviation
Administration shall--
(1) first calculate such funding apportionments on an
annualized basis as if the total amount available under
section 48103 of such title for fiscal year 2024 was
$3,350,000,000; and
(2) then reduce by 75 percent--
(A) all funding apportionment amounts calculated under
paragraph (1); and
(B) amounts made available pursuant to subsections (b) and
(f)(2) of section 47117 of such title.
(d) Extension of Project Grant Authority.--Section 47104(c)
of title 49, United States Code, is amended in the matter
preceding paragraph (1) by striking ``September 30, 2023,''
and inserting ``December 31, 2023,''.
(e) Extension of Special Rule for Apportionments.--Section
47114(c)(1)(J) of title 49, United States Code, is amended by
striking ``2023 to'' and inserting ``2023, and for the period
beginning on October 1, 2023, and ending on December 31,
2023, to''.
SEC. 2202. EXTENSION OF EXPIRING AUTHORITIES; MISCELLANEOUS
AUTHORIZATIONS.
(a) Authority to Provide Insurance.--Section 44310(b) of
title 49, United States Code, is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(b) Unmanned Aircraft Test Ranges.--Section 44803(h) of
title 49, United States Code, is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(c) Special Authority for Certain Unmanned Aircraft
Systems.--Section 44807(d) of title 49, United States Code,
is amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(d) Extension of Airport Safety and Airspace Hazard
Mitigation and Enforcement.--Section 44810(h) of title 49,
United States Code, is amended by striking ``September 30,
2023'' and inserting ``December 31, 2023''.
(e) Competitive Access Reporting Requirement.--Section
47107(r)(3) of title 49, United States Code, is amended by
striking ``October 1, 2023'' and inserting ``January 1,
2024''.
(f) Marshall Islands, Micronesia, and Palau.--Section
47115(i) of title 49, United States Code, is amended by
inserting ``, and for the period beginning on October 1,
2023, and ending on December 31, 2023'' after ``fiscal years
2018 through 2023''.
(g) Supplemental Discretionary Funds.--Section
47115(j)(4)(A) of title 49, United States Code, is amended by
inserting at the end the following:
``(vi) $140,401,803 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
(h) Compatible Land Use Planning and Projects by State and
Local Governments.--Section 47141(f) of title 49, United
States Code, is amended by striking ``September 30, 2023''
and inserting ``December 31, 2023''.
(i) Non-movement Area Surveillance Pilot Program.--Section
47143(c) of title 49, United States Code, is amended by
striking ``October 1, 2023'' and inserting ``January 1,
2024''.
(j) Weather Reporting Programs.--Section 48105 of title 49,
United States Code, is amended by adding at the end the
following:
``(5) $9,803,278 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
(k) Learning Period.--Section 50905(c)(9) of title 51,
United States Code, is amended by striking ``October 1,
2023'' and inserting ``January 1, 2024''.
(l) Midway Island Airport.--Section 186(d) of the Vision
100--Century of Aviation Reauthorization Act (Public Law 108-
176; 117 Stat. 2518) is amended by inserting ``and for the
period beginning on October 1, 2023, and ending on December
31, 2023,'' after ``fiscal years 2018 through 2023''.
(m) Final Order Establishing Mileage and Adjustment
Eligibility.--Section 409(d) of the Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 41731 note) is
amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(n) Contract Weather Observers.--Section 2306(b) of the FAA
Extension, Safety, and Security Act of 2016 (Public Law 114-
190; 130 Stat. 641) is amended by striking ``October 1,
2023'' and inserting ``January 1, 2024''.
(o) Remote Tower Pilot Program.--Section 161(a)(10) of the
FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note) is
amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(p) Airport Access Roads in Remote Locations; Storage
Facilities for Snow Removal Equipment.--Section 162 of the
FAA Reauthorization Act of 2018 (49 U.S.C. 47102 note) is
amended by inserting ``and for the period beginning on
October 1, 2023, and ending on December 31, 2023'' after
``fiscal years 2018 through 2023''.
(q) UAS Remote Detection and Identification Pilot
Program.--Section 372(d) of the FAA Reauthorization Act of
2018 (49 U.S.C. 44810 note) is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(r) Advisory Committee for Aviation Consumer Protection.--
Section 411(h) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 42301 note) is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(s) Aviation Consumer Advocate.--Section 424(e) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 42302 note) is amended
by striking ``September 30, 2023'' and inserting ``December
31, 2023''.
(t) Advisory Committee on Air Travel Needs of Passengers
With Disabilities.--Section 439(g) of the FAA Reauthorization
Act of 2018 (49 U.S.C. 41705 note) is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(u) Enhanced Traffic Services.--Section 547(e) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40103 note) is amended
by striking ``September 30, 2023'' and inserting ``December
31, 2023''.
(v) Pilot Program for Redevelopment of Airport
Properties.--Section 822(k) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 47141 note) is amended by
striking ``September 30, 2023'' and inserting ``December 31,
2023''.
SEC. 2203. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (E) by striking ``and'' at the end;
(B) in subparagraph (F) by striking the period at the end
and inserting ``; and''; and
(C) by inserting after subparagraph (F) the following:
``(G) $2,995,027,322 for the period beginning on October 1,
2023, and ending on December 31, 2023.''; and
(2) in paragraph (3) by inserting ``and for the period
beginning on October 1, 2023, and ending on December 31,
2023'' after ``fiscal years 2018 through 2023''.
SEC. 2204. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is
amended by adding at the end the following:
``(7) $740,273,224 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
SEC. 2205. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a) of title 49, United States Code, is
amended--
(1) in paragraph (14), by striking ``and'';
(2) in paragraph (15) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(16) $64,098,360 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
SEC. 2206. SMALL COMMUNITY AIR SERVICE.
(a) Essential Air Service Authorization.--Section
41742(a)(2) of title 49, United States Code, is amended by
striking ``2023'' and inserting ``2023, and $89,191,486 for
the period beginning on October 1, 2023, and ending on
December 31, 2023,''.
(b) Airports Not Receiving Sufficient Service.--Section
41743(e)(2) of title 49, United States Code, is amended by
inserting ``, and $2,513,661 for the period beginning on
October 1, 2023, and ending on December 31, 2023,'' after
``fiscal years 2018 through 2023''.
Subtitle B--Aviation Revenue Provisions
SEC. 2211. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY
TRUST FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue
Code of 1986 is amended--
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2023'' and inserting ``January 1, 2024''; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ``or title II of division B of the
Continuing Appropriations Act, 2024 and Other Extensions
Act;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code
is amended by striking ``October 1, 2023'' and inserting
``January 1, 2024''.
SEC. 2212. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY
TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2023'' and inserting ``December 31, 2023''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2023'' and inserting ``December 31,
2023''.
(2) Treatment as noncommercial aviation.--Section 4083(b)
of such Code is amended by striking ``October 1, 2023'' and
inserting ``January 1, 2024''.
(3) Exemption from ticket tax.--Section 4261(j) of such
Code is amended by striking ``September 30, 2023'' and
inserting ``December 31, 2023''.
Subtitle C--Expiring Counter-UAS Authorities
SEC. 2221. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
Section 210G(i) of the Homeland Security Act of 2002 (6
U.S.C. 124n(i)) is amended by striking ``on the date that is
4 years after the date of enactment of this section'' and
inserting ``on November 18, 2023''.
TITLE III--HEALTH AND HUMAN SERVICES
Subtitle A--Animal Drug and Animal Generic Drug User Fee Amendments
CHAPTER 1--FEES RELATING TO ANIMAL DRUGS
SEC. 2301. SHORT TITLE; FINDING.
(a) Short Title.--This chapter may be cited as the ``Animal
Drug User Fee Amendments of 2023''.
[[Page H4920]]
(b) Finding.--Congress finds that the fees authorized by
the amendments made in this chapter will be dedicated toward
expediting the animal drug development process and the review
of new and supplemental animal drug applications and
investigational animal drug submissions as set forth in the
goals identified for purposes of part 4 of subchapter C of
chapter VII of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-11 et seq.), in the letters from the Secretary of
Health and Human Services to the Chairman of the Committee on
Energy and Commerce of the House of Representatives and the
Chairman of the Committee on Health, Education, Labor, and
Pensions of the Senate as set forth in the Congressional
Record.
SEC. 2302. DEFINITIONS.
Section 739 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-11) is amended--
(1) in paragraph (3), by striking ``national drug code''
and inserting ``National Drug Code''; and
(2) by amending paragraph (8)(I) to read as follows:
``(I) The activities necessary for implementation of the
United States and European Union Mutual Recognition Agreement
for Pharmaceutical Good Manufacturing Practice Inspections,
and the United States and United Kingdom Mutual Recognition
Agreement Sectoral Annex for Pharmaceutical Good
Manufacturing Practices, and other mutual recognition
agreements, with respect to animal drug products subject to
review, including implementation activities prior to and
following product approval.''.
SEC. 2303. AUTHORITY TO ASSESS AND USE ANIMAL DRUG FEES.
(a) In General.--Section 740(a)(1)(A)(ii) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
12(a)(1)(A)(ii)) is amended--
(1) in subclause (I), by striking ``and'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(III) an application for conditional approval under
section 571 of a new animal drug for which an animal drug
application submitted under section 512(b)(1) has been
previously approved under section 512(d)(1) for another
intended use.''.
(b) Fee Revenue Amounts.--Section 740(b)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(b)(1)) is
amended to read as follows:
``(1) In general.--Subject to subsections (c), (d), (f),
and (g), for each of fiscal years 2024 through 2028, the fees
required under subsection (a) shall be established to
generate a total revenue amount of $33,500,000.''.
(c) Annual Fee Setting; Adjustments.--
(1) Annual fee setting.--Section 740(c)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(c)(1)) is
amended to read as follows:
``(1) Annual fee setting.--Not later than 60 days before
the start of each fiscal year beginning after September 30,
2023, the Secretary shall--
``(A) establish for that fiscal year animal drug
application fees, supplemental animal drug application fees,
animal drug sponsor fees, animal drug establishment fees, and
animal drug product fees based on the revenue amounts
established under subsection (b) and the adjustments provided
under this subsection; and
``(B) publish such fee revenue amounts and fees in the
Federal Register.''.
(2) Inflation adjustment.--Section 740(c)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(c)(2)) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``2020'' and inserting ``2025''; and
(ii) in clause (iii), by striking ``Baltimore'' and
inserting ``Arlington-Alexandria''; and
(B) in subparagraph (B), by striking ``2020'' and inserting
``2025''.
(3) Workload adjustments.--Section 740(c)(3) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(c)(3)) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``2020'' and inserting ``2025''; and
(II) by striking ``subparagraphs (B) and (C)'' and
inserting ``subparagraph (B)'';
(ii) in clause (i) by striking ``and'' at the end; and
(iii) by striking clause (ii) and inserting the following:
``(ii) such adjustment shall be made for each fiscal year
that the adjustment determined by the Secretary is greater
than 3 percent, except for the first fiscal year that the
adjustment is greater than 3 percent; and
``(iii) the Secretary shall publish in the Federal Register
notice under paragraph (1) the amount of such adjustment and
the supporting methodologies.'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B).
(4) Final year adjustment.--Section 740(c)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
12(c)(4)) is amended to read as follows:
``(4) Operating reserve adjustment.--
``(A) In general.--For fiscal year 2025 and each subsequent
fiscal year, after the fee revenue amount established under
subsection (b) is adjusted in accordance with paragraphs (2)
and (3), the Secretary shall--
``(i) increase the fee revenue amount for such fiscal year,
if necessary to provide an operating reserve of not less than
12 weeks; or
``(ii) if the Secretary has an operating reserve in excess
of the number of weeks specified in subparagraph (C) for that
fiscal year, the Secretary shall decrease the fee revenue
amount to provide not more than the number of weeks specified
in subparagraph (C) for that fiscal year.
``(B) Carryover user fees.--For purposes of this paragraph,
the operating reserve of carryover user fees for the process
for the review of animal drug applications does not include
carryover user fees that have not been appropriated.
``(C) Number of weeks of operating reserves.--The number of
weeks of operating reserves specified in this subparagraph
is--
``(i) 22 weeks for fiscal year 2025;
``(ii) 20 weeks for fiscal year 2026;
``(iii) 18 weeks for fiscal year 2027; and
``(iv) 16 weeks for fiscal year 2028.
``(D) Publication.--If an adjustment to the operating
reserve is made under this paragraph, the Secretary shall
publish in the Federal Register notice under paragraph (1)
the rationale for the amount of the adjustment and the
supporting methodologies.''.
(d) Exemption From Fees.--Section 740(d)(4) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(d)(4)) is
amended to read as follows:
``(4) Exemption from fees.--Fees under paragraphs (2), (3),
and (4) of subsection (a) shall not apply with respect to any
person who is the named applicant or sponsor of an animal
drug application, supplemental animal drug application, or
investigational animal drug submission if such application or
submission involves the intentional genomic alteration of an
animal that is intended to produce a drug, device, or
biological product subject to fees under section 736, 738,
744B, or 744H.''.
(e) Crediting and Availability of Fees.--
(1) Authorization of appropriations.--Section 740(g)(3) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
12(g)(3)) is amended by striking ``2019 through 2023'' and
inserting ``2024 through 2028''.
(2) Collection shortfalls.--Section 740(g) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(g)) is
amended--
(A) in paragraph (3), by striking ``and paragraph (5)'';
and
(B) by striking paragraph (5).
SEC. 2304. REAUTHORIZATION; REPORTING REQUIREMENTS.
Section 740A of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379j-13) is amended--
(1) in subsection (a), by striking ``2018'' and inserting
``2023'';
(2) by striking ``2019'' each place it appears in
subsections (a) and (b) and inserting ``2024''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``2023'' and inserting
``2028''; and
(B) in paragraph (5), by striking ``2023'' and inserting
``2028''.
SEC. 2305. SAVINGS CLAUSE.
Notwithstanding the amendments made by this chapter, part 4
of subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-11 et seq.), as in effect on the
day before the date of enactment of this chapter, shall
continue to be in effect with respect to animal drug
applications and supplemental animal drug applications (as
defined in such part as of such day) that on or after October
1, 2018, but before October 1, 2023, were accepted by the
Food and Drug Administration for filing with respect to
assessing and collecting any fee required by such part for a
fiscal year prior to fiscal year 2024.
SEC. 2306. EFFECTIVE DATE.
The amendments made by this chapter shall take effect on
October 1, 2023, or the date of the enactment of this Act,
whichever is later, except that fees under part 4 of
subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-11 et seq.), as amended by this
chapter, shall be assessed for animal drug applications and
supplemental animal drug applications received on or after
October 1, 2023, regardless of the date of the enactment of
this Act.
SEC. 2307. SUNSET DATES.
(a) Authorization.--Sections 739 and 740 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 21 U.S.C. 379j-11;
379j-12) shall cease to be effective October 1, 2028.
(b) Reporting Requirements.--Section 740A of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-13) shall cease
to be effective January 31, 2029.
(c) Previous Sunset Provision.--Effective October 1, 2023,
subsections (a) and (b) of section 107 of the Animal Drug
User Fee Amendments of 2018 (Public Law 115-234) are
repealed.
CHAPTER 2--FEES RELATING TO GENERIC ANIMAL DRUGS
SEC. 2311. SHORT TITLE; FINDING.
(a) Short Title.--This chapter may be cited as the ``Animal
Generic Drug User Fee Amendments of 2023''.
(b) Finding.--Congress finds that the fees authorized by
the amendments made in this chapter will be dedicated toward
expediting the generic new animal drug development process
and the review of abbreviated applications for generic new
animal drugs, supplemental abbreviated applications for
generic new animal drugs, and investigational submissions for
generic new animal drugs as set forth in the goals identified
for purposes of part 5 of subchapter C of chapter VII of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21 et
seq.), in the letters from the
[[Page H4921]]
Secretary of Health and Human Services to the Chairman of the
Committee on Energy and Commerce of the House of
Representatives and the Chairman of the Committee on Health,
Education, Labor, and Pensions of the Senate as set forth in
the Congressional Record.
SEC. 2312. AUTHORITY TO ASSESS AND USE GENERIC NEW ANIMAL
DRUG FEES.
(a) Generic Investigational New Animal Drug File Fee.--
Section 741(a) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379j-21(a)) is amended by adding at the end the
following:
``(4) Generic investigational new animal drug file fee.--
``(A) In general.--
``(i) New file request.--Each person that submits a request
to establish a generic investigational new animal drug file
on or after October 1, 2023, shall be assessed a fee as
established under subsection (c).
``(ii) New submission to established file.--Each person
that makes a submission to a generic investigational new
animal drug file on or after October 1, 2023, where such file
was established prior to October 1, 2023, shall be assessed a
fee for the first submission on or after October 1, 2023, as
established under subsection (c).
``(B) Payment.--
``(i) New file request.--The fee required by subparagraph
(A)(i) shall be due upon submission of the request to
establish the generic investigational new animal drug file.
``(ii) New submission to established file.--The fee
required by subparagraph (A)(ii) shall be due upon the first
submission to the generic investigational new animal drug
file.
``(C) Exceptions.--
``(i) Terminating an existing generic investigational new
animal drug file.--If a person makes a submission to the
generic investigational new animal drug file to terminate
that file, the person shall not be subject to a fee under
subparagraph (A)(ii) for that submission.
``(ii) Transferring an existing generic investigational new
animal drug file.--If a person makes a submission to the
generic investigational new animal drug file to transfer that
file to a different generic new animal drug sponsor, the
person shall not be subject to a fee under subparagraph
(A)(ii) for that submission.''.
(b) Fee Revenue Amounts.--Section 741(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j- 21(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``2019 through 2023'' and inserting ``2024
through 2028''; and
(B) by striking ``$18,336,340'' and inserting
``$25,000,000''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``25 percent'' and inserting ``20
percent''; and
(ii) by inserting before the semicolon at the end the
following: ``and fees under subsection (a)(4) (relating to
generic investigational new animal drug files)'';
(B) in subparagraph (B), by striking ``37.5 percent'' and
inserting ``40 percent''; and
(C) in subparagraph (C), by striking ``37.5 percent'' and
inserting ``40 percent''.
(c) Annual Fee Setting; Adjustments.--
(1) Annual fee setting.--Section 741(c)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(c)(1)) is
amended to read as follows:
``(1) Annual fee setting.--The Secretary shall establish,
not later than 60 days before the start of each fiscal year
beginning after September 30, 2023, for that fiscal year--
``(A) abbreviated application fees that are based on the
revenue amounts established under subsection (b), the
adjustments provided under this subsection, and the amount of
fees anticipated to be collected under subsection (a)(4)
during that fiscal year;
``(B) generic new animal drug sponsor fees, and generic new
animal drug product fees, based on the revenue amounts
established under subsection (b) and the adjustments provided
under this subsection; and
``(C) a generic investigational new animal drug file fee of
$50,000 for each request or submission described in
subsection (a)(4)(A).''.
(2) Inflation adjustment.--Section 741(c)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(c)(2)) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``2020'' and inserting ``2025''; and
(ii) in clause (iii), by striking ``Baltimore'' and
inserting ``Arlington-Alexandria''; and
(B) in subparagraph (B), by striking ``2020'' and inserting
``2025''.
(3) Workload adjustment.--Section 741(c)(3) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(c)(3)) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``2020'' and inserting ``2025'';
(ii) in clause (i)--
(I) by striking ``and investigational generic new animal
drug protocol submissions'' and inserting ``investigational
generic new animal drug protocol submissions, requests to
establish a generic investigational new animal drug file, and
generic investigational new animal drug meeting requests'';
and
(II) by striking ``; and'' and inserting a semicolon;
(iii) by redesignating clause (ii) as clause (iii); and
(iv) by inserting after clause (i) the following:
``(ii) if the workload adjustment calculated by the
Secretary under clause (i) exceeds 25 percent, the Secretary
shall use 25 percent for the adjustment; and''; and
(B) in subparagraph (B), by striking ``2021 through 2023''
and inserting ``2026 through 2028''.
(4) Final year adjustment.--Section 741(c)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
21(c)(4)) is amended--
(A) by striking ``2023'' each place it appears and
inserting ``2028''; and
(B) by striking ``2024'' and inserting ``2029''.
(d) Fee Waiver or Reduction; Exemption From Fees.--
Subsection (d) of section 741 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-21) is amended to read as
follows:
``(d) Fee Waiver or Reduction.--The Secretary shall grant a
waiver from, or a reduction of, one or more fees assessed
under subsection (a) where the Secretary finds that the
generic new animal drug is intended solely to provide for a
minor use or minor species indication.''.
(e) Effect of Failure to Pay Fees.--Section 741(e) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(e))
is amended by striking ``The Secretary may discontinue'' and
inserting ``A request to establish a generic investigational
new animal drug file that is submitted by a person subject to
fees under subsection (a) shall be considered incomplete and
shall not be accepted for action by the Secretary until all
fees owed by such person have been paid. The Secretary may
discontinue''.
(f) Assessment of Fees.--Section 741(f)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j- 21(f)(2)) is
amended by striking ``sponsors, and generic new animal drug
products at any time'' and inserting ``products, generic new
animal drug sponsors, and generic investigational new animal
drug files at any time''.
(g) Crediting and Availability of Fees.--Section 741(g) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
21(g)) is amended--
(1) in paragraph (3), by striking ``2019 through 2023'' and
inserting ``2024 through 2028'';
(2) by striking the second paragraph (4) (relating to
Offset), as added by section 202 of the Animal Generic Drug
User Fee Amendments of 2013 (Public Law 113-14); and
(3) by adding at the end the following:
``(5) Recovery of collection shortfalls.--The amount of
fees otherwise authorized to be collected under this section
shall be increased--
``(A) for fiscal year 2026, by the amount, if any, by which
the amount collected under this section and appropriated for
fiscal year 2024 falls below the amount of fees authorized
for fiscal year 2024 under paragraph (3);
``(B) for fiscal year 2027, by the amount, if any, by which
the amount collected under this section and appropriated for
fiscal year 2025 falls below the amount of fees authorized
for fiscal year 2025 under paragraph (3); and
``(C) for fiscal year 2028, by the amount, if any, by which
the amount collected under this section and appropriated for
fiscal years 2026 and 2027 (including estimated collections
for fiscal year 2027) falls below the amount of fees
authorized for such fiscal years under paragraph (3).''.
(h) Definitions.--Section 741(k) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j-21(k)) is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (13), respectively;
(2) by inserting after paragraph (7) the following:
``(8) Generic investigational new animal drug meeting
request.--The term `generic investigational new animal drug
meeting request' means a request submitted by a generic new
animal drug sponsor to meet with the Secretary to discuss an
investigational submission for a generic new animal drug.'';
(3) in paragraph (11) (as so redesignated), by adding at
the end the following:
``(I) The activities necessary for exploration and
implementation of the United States and European Union Mutual
Recognition Agreement for Pharmaceutical Good Manufacturing
Practice Inspections, and the United States and United
Kingdom Mutual Recognition Agreement Sectoral Annex for
Pharmaceutical Good Manufacturing Practices, and other mutual
recognition agreements, with respect to generic new animal
drug products subject to review, including implementation
activities prior to and following product approval.''; and
(4) by inserting after paragraph (11) (as so redesignated)
the following:
``(12) Request to establish a generic investigational new
animal drug file.--The term `request to establish a generic
investigational new animal drug file' means the submission to
the Secretary of a request to establish a generic
investigational new animal drug file to contain
investigational submissions for a generic new animal drug.''.
SEC. 2313. REAUTHORIZATION; REPORTING REQUIREMENTS.
Section 742 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-22) is amended--
(1) in subsection (a), by striking ``2018'' and inserting
``2023'';
(2) by striking ``2019'' each place it appears in
subsections (a) and (b) and inserting ``2024''; and
(3) in subsection (d), by striking ``2023'' each place it
appears and inserting ``2028''.
[[Page H4922]]
SEC. 2314. SAVINGS CLAUSE.
Notwithstanding the amendments made by this chapter, part 5
of subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-21 et seq.), as in effect on the
day before the date of enactment of this chapter, shall
continue to be in effect with respect to abbreviated
applications for a generic new animal drug and supplemental
abbreviated applications for a generic new animal drug (as
defined in such part as of such day) that on or after October
1, 2018, but before October 1, 2023, were accepted by the
Food and Drug Administration for filing with respect to
assessing and collecting any fee required by such part for a
fiscal year prior to fiscal year 2024.
SEC. 2315. EFFECTIVE DATE.
The amendments made by this chapter shall take effect on
October 1, 2023, or the date of the enactment of this Act,
whichever is later, except that fees under part 5 of
subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-21 et seq.), as amended by this
chapter, shall be assessed for abbreviated applications for a
generic new animal drug and supplemental abbreviated
applications for a generic new animal drug received on or
after October 1, 2023, regardless of the date of enactment of
this Act.
SEC. 2316. SUNSET DATES.
(a) Authorization.--Section 741 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j-21) shall cease to be
effective October 1, 2028.
(b) Reporting Requirements.--Section 742 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j- 22) shall cease
to be effective January 31, 2029.
(c) Previous Sunset Provision.--Effective October 1, 2023,
subsections (a) and (b) of section 206 of the Animal Generic
Drug User Fee Amendments of 2018 (Public Law 115-234) are
repealed.
Subtitle B--Public Health Extenders
SEC. 2321. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL
HEALTH SERVICE CORPS, AND TEACHING HEALTH
CENTERS THAT OPERATE GME PROGRAMS.
(a) Teaching Health Centers That Operate Graduate Medical
Education Programs.--Section 340H(g) of the Public Health
Service Act (42 U.S.C. 256h(g)) is amended--
(1) by striking ``and $126,500,000'' and inserting
``$126,500,000''; and
(2) by inserting ``and $16,635,616 for the period beginning
on October 1, 2023, and ending on November 17, 2023,'' before
``to remain available''.
(b) Extension for Community Health Centers.--Section
10503(b)(1)(F) of the Patient Protection and Affordable Care
Act (42 U.S.C. 254b-2(b)(1)(F)) is amended--
(1) by striking ``and $4,000,000,000'' and inserting ``,
$4,000,000,000''; and
(2) by inserting ``, and $526,027,397 for the period
beginning on October 1, 2023, and ending on November 17,
2023'' before the semicolon.
(c) Extension for the National Health Service Corps.--
Section 10503(b)(2) of the Patient Protection and Affordable
Care Act (42 U.S.C. 254b-2(b)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(I) $40,767,123 for the period beginning on October 1,
2023, and ending on November 17, 2023.''.
(d) Application of Provisions.--Amounts appropriated
pursuant to the amendments made by this section shall be
subject to the requirements contained in Public Law 117-328
for funds for programs authorized under sections 330 through
340 of the Public Health Service Act (42 U.S.C. 254b et
seq.).
(e) Technical and Conforming Amendment.--Section 3014(h)(4)
of title 18, United States Code, is amended--
(1) by striking ``Other Extensions Act,,'' and inserting
``Other Extensions Act,''; and
(2) by striking ``and section 301(d) of division BB of the
Consolidated Appropriations Act, 2021.'' and inserting
``section 301(d) of division BB of the Consolidated
Appropriations Act, 2021, and section 2321(d) of the
Continuing Appropriations Act, 2024 and Other Extensions
Act''.
SEC. 2322. EXTENSION OF SPECIAL DIABETES PROGRAMS.
(a) Extension of Special Diabetes Programs for Type I
Diabetes.--Section 330B(b)(2) of the Public Health Service
Act (42 U.S.C. 254c-2(b)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) $19,726,027 for the period beginning on October 1,
2023, and ending on November 17, 2023, to remain available
until expended.''.
(b) Extending Funding for Special Diabetes Programs for
Indians.--Section 330C(c)(2) of the Public Health Service Act
(42 U.S.C. 254c-3(c)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) $19,726,027 for the period beginning on October 1,
2023, and ending on November 17, 2023, to remain available
until expended.''.
Subtitle C--Necessary Authorities To Respond to Threats
SEC. 2331. EXTENSION OF AUTHORITY TO MAKE CERTAIN
APPOINTMENTS OF NATIONAL DISASTER MEDICAL
SYSTEM PERSONNEL.
Section 2812(c)(4)(B) of the Public Health Service Act (42
U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``September
30, 2023'' and inserting ``November 17, 2023''.
SEC. 2332. TEMPORARY REASSIGNMENT OF STATE AND LOCAL
PERSONNEL DURING A PUBLIC HEALTH EMERGENCY.
Section 319(e)(8) of the Public Health Service Act (42
U.S.C. 247d(e)(8)) is amended by striking ``September 30,
2023'' and inserting ``November 17, 2023''.
SEC. 2333. EXTENSION OF NATIONAL ADVISORY COMMITTEES.
(a) National Advisory Committee on Children and
Disasters.--Section 2811A(g) of the Public Health Service Act
(42 U.S.C. 300hh-10b(g)) is amended by striking ``September
30, 2023'' and inserting ``November 17, 2023''.
(b) National Advisory Committee on Seniors and Disasters.--
Section 2811B(g)(1) of the Public Health Service Act (42
U.S.C. 300hh-10c(g)(1)) is amended by striking ``September
30, 2023'' and inserting ``November 17, 2023''.
(c) National Advisory Committee on Individuals With
Disabilities and Disasters.--Section 2811C(g)(1) of the
Public Health Service Act (42 U.S.C. 300hh-10d(g)(1)) is
amended by striking ``September 30, 2023'' and inserting
``November 17, 2023''.
Subtitle D--Medicaid
SEC. 2341. DSH DELAY.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r-4(f)(7)(A)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by striking
``For each of fiscal years 2024 through 2027'' and inserting
``For the period beginning November 18, 2023, and ending
September 30, 2024, and for each of fiscal years 2025 through
2027''; and
(B) in subclauses (I) and (II), by inserting ``or period''
after ``the fiscal year'' each place it appears; and
(2) in clause (ii), by striking ``for each of fiscal years
2024 through 2027'' and inserting ``for the period beginning
November 18, 2023, and ending September 30, 2024, and for
each of fiscal years 2025 through 2027.''.
SEC. 2342. MIF REDUCTION.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C.
1396w-1(b)(3)(A)) is amended by striking ``$7,000,000,000''
and inserting ``$6,357,117,810''.
Subtitle E--Human Services
SEC. 2351. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
Activities authorized by part B of title IV of the Social
Security Act shall continue through November 17, 2023, in the
manner authorized for fiscal year 2023, and out of any money
in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may
be necessary for such purpose.
SEC. 2352. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``and for the period beginning on October
1, 2023, and ending on November 17, 2023'' after ``2023'';
and
(II) by inserting ``(or, with respect to such period, for
fiscal year 2024)'' after ``for the fiscal year''; and
(ii) in subparagraph (A), by inserting ``or period'' after
``fiscal year'' each place it appears; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and with respect to
fiscal year 2024, for the period described in paragraph (1)''
after ``2023''; and
(ii) in subparagraph (B)(i), by inserting ``(or, with
respect to fiscal year 2024, for the period described in
paragraph (1))'' after ``for the fiscal year''; and
(2) in subsection (f)--
(A) in paragraph (1), by inserting ``, and for the period
beginning on October 1, 2023, and ending on November 17,
2023, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year
2023'' after ``2023''; and
(B) in paragraph (2), by inserting ``and for the period
described in paragraph (1),'' after ``2023,''.
SEC. 2353. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by inserting ``and
for the period beginning on October 1, 2023, and ending on
November 17, 2023'' after ``2023''; and
(II) in clause (i), by inserting ``or period'' after ``for
the fiscal year'';
(ii) in subparagraph (B)(i), by inserting the following
after the period: ``The previous sentence shall not apply
with respect to State allotments under this paragraph for the
period beginning on October 1, 2023, and ending on November
17, 2023.''; and
(iii) in subparagraph (C)(i)--
(I) by inserting ``or the period described in subparagraph
(A)'' after ``for a fiscal year''; and
(II) by inserting ``or period'' after ``the fiscal year'';
[[Page H4923]]
(B) in paragraph (3)--
(i) by inserting ``or the period described in paragraph
(1)(A)'' after ``for a fiscal year''; and
(ii) by inserting ``or period'' after ``such fiscal year'';
and
(C) in paragraph (4)--
(i) by inserting ``and for the period described in
paragraph (1)(A)'' after ``fiscal years 2010 through 2023'';
(ii) by inserting ``and for the period so described'' after
``fiscal years 2012 through 2023''; and
(iii) by inserting ``or the period so described'' after
``for a fiscal year'';
(2) in subsection (c)--
(A) in each of paragraphs (1) and (2), by striking ``From''
and inserting ``Subject to paragraph (3), from''; and
(B) by adding at the end the following:
``(3) Exception.--Paragraphs (1) and (2) shall not apply
with respect to any amount appropriated under subsection (f)
for the period described in subsection (a)(1)(A).''; and
(3) in subsection (f), by inserting ``, and for the period
beginning on October 1, 2023, and ending on November 17,
2023, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year
2023'' after ``2023''.
TITLE IV--BUDGETARY EFFECTS
SEC. 2401. BUDGETARY EFFECTS.
(a) Statutory Paygo Scorecards.--The budgetary effects of
this division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(b) Senate Paygo Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this division shall not be
estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Texas (Ms. Granger) and the gentlewoman from Connecticut (Ms. DeLauro)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. GRANGER. Madam Speaker, I rise today in support of H.R. 5860, a
bill that keeps the government open until November 17.
While I would rather be here speaking on the floor about final
appropriations bills, I want Members to understand why passing a short-
term funding bill today is so important.
First, I want to explain how we find ourselves in this situation.
Just 9 months ago, when Republicans took back the majority in the
House, our commitment was to regular order for appropriations, no more
omnibus measures released in the dead of night, no more Christmas Eve
votes on thousands of pages of text that Members of Congress had not
read.
Unfortunately, there were a few stumbling blocks as we sought to
change the process. For example, the administration's budget request
was more than a month late. It then took months for the President to
come to the table on the debt ceiling negotiations. Even before the
debt ceiling agreement spending framework was in place, the
Appropriations Committee got to work. In fact, this year, we held more
than 70 hearings, reviewed roughly 80,000 requests from Members,
listened, and then acted.
We began markups in May, 5 months ago, and then made adjustments to
reflect changes in the law that set spending caps for the year. The
appropriations bills moved through the subcommittees and then the
floor. Even though a few bills have more steps to take in the process,
I am proud of the work we have done.
As of today, we have sent four appropriations bills to the Senate,
totaling roughly 70 percent of funding needed for this year. The Senate
has not sent us any bills yet. The House has now laid down a marker on
what I believe are our highest priorities.
It should be crystal clear to the American people that House
Republicans support what is in our national security. Most importantly,
we are focused on our troops and our veterans as well as defending our
homeland and our interests abroad. At the same time, the bill we have
drafted demonstrates that we must stop government overreach and the
out-of-control spending of the last few years.
These are the most conservative appropriations bills in history, and
we simply need more time to get our important work done.
While a continuing resolution is not ideal, it prevents a harmful
government shutdown, gives us more time to pass the appropriations
bills on the floor of the House, and allows us to start negotiations on
final, full-year bills with the Senate.
{time} 1130
Yesterday, I voted for a different version of a short-term funding
bill that included key border security measures. I strongly support
these efforts and will continue to fight for them as this process moves
along.
Today, the most important priority is keeping government open while
we work on full-year appropriations bills that reflect conservative
priorities.
Passing this bill is the best way for us to move the process forward.
I urge my colleagues to support this bill, and I reserve the balance of
my time.
Ms. DeLAURO. Mr. Speaker, I yield myself such time as I may consume.
We have had 15 minutes to review a 71-page document, a document that
was filed before midnight last night. There hasn't been any time for
staff to review a 71-page document on such an important issue that we
are facing.
It demonstrates a lack of responsibility, and a lack of a willingness
to have a bipartisan agreement on a continuing resolution. I rise in
strong opposition to the bill.
The day before the government shuts down, the majority is still
throwing anything that they can at the wall to see if anything sticks.
House Republicans have already proven that they cannot and they will
not pass a continuing resolution on their own, even one with outlandish
spending cuts that could never pass the Senate or be signed into law.
A bipartisan, bicameral solution is the only way forward. I worked on
these efforts last December, and House Republicans at that time decided
not to participate with the Senate Republicans. With Senator Shelby and
Senator Leahy, we hammered out a budget for 2023.
The Speaker knows the bipartisan Senate continuing resolution would
easily garner a majority in this House of Representatives. Yet, he
refuses to let it go to the floor of the House.
What is he afraid of? What are we trying instead?
Yesterday, Republicans voted to defund our support for our allies in
the Middle East, including a billion-dollar cut to Israel, with a
further cut to Jordan. That did not work, so today, the target is
Ukraine, despite the fact that it is the majority's will, demonstrated
several times this week, to provide support for Ukraine's self-defense.
The Biggs amendment that would strike all Ukraine security assistance
initiative funds from the defense bill failed, 104-330.
The Gaetz amendment that would have prohibited all funding for
Ukraine in the defense bill failed, 93-339.
A Greene amendment to prohibit assistance to Ukraine in the State and
foreign operations bill failed, 90-342.
This body voted to separately fund Ukraine after it was stripped from
the defense bill in the darkness of night, and that was 311-117.
Mr. Speaker, the appeasement strategy of the far right does not have
majority support in this body. Standing with our allies does have
support here, which is tried-and-true American patriotism, American
justice, American views, and their values for freedom and the fight for
democracy.
That is who we are. That is what we are about. Those who would do
otherwise, it is shameful, shameful in bringing down the United States
of America and its support for those people who seek freedom in our
world today.
Department of Defense officials recently sent letters to the four
corners of the Congress. Under Secretary McCord writes: ``Without
additional funding now, we would have to delay or curtail assistance to
meet Ukraine's urgent requirements, including for air defense and
ammunition that are critical and urgent now as Russia prepares to
conduct a winter offensive and continues its bombardment of Ukrainian
cities.''
[[Page H4924]]
Then he continues: ``Delays to additional funding would also be
perceived by Ukraine as a sign of wavering U.S. support and likely as a
betrayal of our previous commitments. Allies and partners are also
unlikely to sustain their increased level of support without clear,
continuing U.S. leadership. As you know, Secretary Austin successfully
engages over 50 nations every month to press for sustained support. It
is crucial that the U.S. continues to lead this global coalition--``
the United States should lead--``and we need the resources to
underwrite our leadership role.''
House Republicans have shown that they are unwilling and they are
unable to govern. Some have shown they are willing and they are able to
abandon our allies.
It is time for this body, for my Republican colleagues, to abandon
the Gaetz strategy or the Greene strategy and try, as we have in the
past, for a bipartisan strategy that we all know will ultimately
conclude the shutdown and fully fund the United States government.
A shutdown will hurt families and farmers, children and
servicemembers at a time when families are living paycheck to paycheck.
Let us keep the U.S. Government open. Let us proceed with a
bipartisan, bicameral agreement as has been proposed by the United
States Senate and let us continue to support Ukraine's fight for
freedom.
Mr. Speaker, let's get to work. I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Lawler).
Mr. LAWLER. Would the gentlewoman from Connecticut yield for a
question for the purposes of a colloquy?
Ms. DeLAURO. Mr. Speaker, I yield to the gentleman from New York (Mr.
Lawler), for the purpose of a colloquy.
Mr. LAWLER. Does the gentlewoman support the Senate version of a CR?
Ms. DeLAURO. Yes, I do. I strongly support the Senate version.
Mr. LAWLER. The difference between the Senate version and this
version is that this version does not include Ukraine funding. Are you
telling me that you would shut down the government if there is not
Ukraine funding?
Ms. DeLAURO. I just say to you that maybe you have had the chance to
read 71 pages. This bill doesn't extend the authority to help Ukrainian
refugees.
Mr. LAWLER. Mr. Speaker, reclaiming my time.
The SPEAKER pro tempore (Mr. Womack). The gentleman from New York has
the floor.
Mr. LAWLER. Today, on the last day before a potential government
shutdown, Speaker McCarthy will be putting a 45-day clean CR with
disaster relief on the floor.
I will vote in support of this legislation so that we can keep the
United States Government funded and open while we finish our
appropriations bills.
Anyone, Democrats or Republicans, who votes against a clean CR with
disaster relief is voting to shut the government down.
Whether it is Ukraine funding, securing the border, or reducing
spending, all of which I support, it will have to be negotiated during
the appropriations process.
All of us have a responsibility to lead and to govern. In a divided
government, none of us will get everything we want.
To shut the government down would be disastrous for the American
people, our military, and our economy. The time has come for everyone
to put the American people above all interests and continue to do our
work as responsible, reasonable, and serious legislators.
For anyone to vote ``no'' on this bill, they are voting to shut the
government down. If you are saying that you support the Senate CR but
you don't support this one, the only difference is Ukraine.
If you are telling the American people with a straight face that you
will shut the American government down over Ukraine, shame on you.
The SPEAKER pro tempore. The gentleman's time has expired.
Members are reminded to direct their remarks to the Chair.
Ms. DeLAURO. Mr. Speaker, I yield myself such time as I may consume.
I find it very strange, indeed, that there is no mention of several
things, at least preliminarily which we have looked at in this bill.
There are many changes between this bill, as the gentleman asked me,
and the Senate bill. There are many changes.
The gentleman from New York should understand that there are many
changes between this bill and the Senate bill.
Here is one that I believe the majority will not mention. They
amended the Senate bill to give themselves a pay raise--a pay raise. It
is there.
Yeah. You can look at me, you can smile, but what you did was you
amended the Senate bill to give yourselves a pay raise while you have
threatened day in and day out servicemembers; you have threatened
workers across this country, and you have said to them, we don't really
care about you and whether or not you can support your family. We don't
care about that. No. We mainly care about ourselves and our pay raise.
It is pretty true to form with what the American people think about
Members, but they should know which Members are willing to give them up
in their own self-interest for a pay raise.
It is despicable. You are about to shut the government down, but
hours before you do so, you give yourself a pay raise. It is pathetic.
The SPEAKER pro tempore. The gentlewoman will suspend.
The Chair will remind the Members in this Chamber, as a matter of
decorum, direct your comments to the Chair and heed the gavel.
The gentlewoman may resume.
Ms. DeLAURO. Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield 1 minute to the gentleman from New
York, (Mr. Molinaro).
Mr. MOLINARO. Mr. Speaker, with hours to go before the potential
shutdown of this Federal Government, we are posed with a single
question:
Vote ``yes'' to continue to provide services and support to our
military, to our defense, to our communities, to law enforcement; or
vote ``no'' and shut the government down? That is the question.
Being told, by the way, for years during the pandemic with the
government shut down that somehow people should just sort of fend for
themselves; being told for years how great that was, we have an
opportunity in this very moment to confront what is a real crisis for
real people.
Keep the government functioning, continue to focus on appropriations,
drive down Federal spending, but meet the needs and the expectations of
the American people today.
Vote ``yes'' to keep the government open. Vote ``no'' to shut the
government down. I, on behalf of my constituents, will be voting
``yes'' to keep this government functioning.
Ms. DeLAURO. Mr. Speaker, if I might, I would like to read a letter
that was sent by the Under Secretary of Defense, Michael McCord.
The letter was sent to the Speaker of the House as well as to the
Senate majority and minority leaders. It is addressed to Leader
Jeffries.
``I write to express the Department of Defense's deep concern with
the absence of security assistance funding for Ukraine in the
continuing resolution being considered in the House . . . or any
similar continuing resolution that might be proposed. The Department of
Defense is anxious to avoid a lapse in appropriations, but it is
important that a CR protect our security interests and uphold our
commitments and our values.
``As you know, the Department has been providing vital security
assistance to Ukraine since Russia's unprovoked invasion in February
2022, thanks to the bipartisan support of Congress. It is just as vital
today that we continue that support.
``Today, DOD has exhausted nearly all available security assistance
funding for Ukraine. We are already out of funding for the Ukraine
Security Assistance Initiative, one of the two security assistance
tools we have.
``The other funding tool we need are those funds provided to
replenish our military's inventories for the weapons and supplies we've
provided to support Ukraine in their fight via drawdown. We have only
$1.6 billion remaining of the $25.9 billion Congress has provided.
[[Page H4925]]
We have already been forced to slow down the replenishment of our own
forces to hedge against an uncertain funding future--'' our own forces.
``Failure to replenish our military services on a timely basis could
harm our military's readiness.
``Without additional funding now, we would have to delay our curtail
assistance to meet Ukraine's urgent requirements, including for air
defense and ammunition that are critical and urgent now as Russia
prepares to conduct a winter offensive and continues its bombardment of
Ukrainian cities. For example, a lack of USAI funding now will delay
contracting actions that could negatively impact the Department's
ability to purchase essential additional 155-millimeter artillery and
critical munitions essential for the success of Ukraine's Armed Forces.
``This ammunition is critical to sustaining Ukraine's Armed Forces,
including for their ongoing counteroffensive. An inability to ensure
timely procurement and deliveries could undermine essential Ukrainian
operations to retake additional territory or defend against potential
future Russian offensives.
``It would also affect our ability to support Ukraine's land forces,
including obstacle breaching equipment, sustainment of previously
provided small Unmanned Aerial Systems, systems to detect, analyze, and
locate adversary signals, and demolitions equipment. It would affect
training, maintenance, and sustainment of the equipment we have
previously provided, exportability efforts, spare parts, and other
activities to ensure the Ukrainian Armed Forces receive a full
capability.
``A funding cutoff would also send a negative signal to our defense
industrial base, which we have asked to step up munitions production
across the country, resulting in increased defense capacity and higher
employment.
{time} 1145
We cannot afford to throw that progress away. In fact, we are
counting on it to implement our national defense strategy. It is
important to note that from workers supporting Stinger and AMRAAM
manufacturing in Arizona to factories producing components for Patriot
interceptors and GMLRS in Arkansas, this funding is strengthening the
American economy and creating hundreds of new American jobs.
``Some have suggested that the Department could still execute the
mission and support Ukraine's needs if it were given permission to
transfer funds from inside a short-term CR from our own needs to fund
more security assistance. To be clear, the Department does not support
that approach, which will create an unacceptable risk to us. Under a
CR, the Department will be operating at a level approximately $25
billion below our budget request for FY 2024, which was and is
consistent with the Fiscal Responsibility Act funding levels.
``The bottom line is we cannot sustain adequate levels of Ukraine
assistance with transfer authority alone.
``Delays to additional funding would also be perceived by Ukraine as
a sign of wavering U.S. support and likely as a betrayal of our
previous commitments. Allies and partners are also unlikely to sustain
their increased level of support without clear, continuing U.S.
leadership. As you know, Secretary Austin successfully engages over 50
nations every month to press for sustained support. It is crucial that
the U.S. continues to lead this global coalition, and we need the
resources to underwrite our leadership role.
``The Department appreciates your leadership on this vital matter,
and I am sending an identical letter to the Speaker of the House, as
well as the Senate majority and minority leaders.''
Michael McCord, the Under Secretary for Defense.
Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. D'Esposito).
Mr. D'ESPOSITO. Mr. Speaker, while I appreciate the eloquent remarks
from my colleague from Connecticut, I am from New York, and today we
ask ourselves a very basic question: Are we voting and supporting to
keep the United States of America open to make sure our government
moves forward or are we drawing the line in the sand, putting Ukraine
over the greatest country in the world, the United States of America?
My colleague from Connecticut also mentioned that there were only 15
minutes given to her conference. I find it startling that you need more
than just seconds to make a vote in support of keeping this government
open and supporting the United States of America.
This is not today a Democrat issue. It is not a Republican issue.
This is an American issue. Today, we should all stand on this floor and
support this continuing resolution and keeping this government open.
Ms. DeLAURO. Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Austin Scott).
Mr. AUSTIN SCOTT of Georgia. Mr. Speaker, before I speak to the issue
of Ukraine, I thought I might read the American citizens the 27th
Amendment to the Constitution. ``No law, varying the compensation for
the services of the Senators and Representatives, shall take effect,
until an election of Representatives shall have intervened.''
If you are watching this--I am sorry that you don't have something
better to do on a Saturday--but you need to know who is telling you the
truth and who is not telling you the truth.
Recently, you heard my colleague from Connecticut tell you that the
Republican bill has a pay raise for Members of Congress. It is simply
not true. And if it did, it would be unconstitutional. If the Senate
bill changes the compensation for Members of Congress then it, too, is
unconstitutional.
Again, the 27th Amendment word for word: ``No law, varying the
compensation for the services of the Senators and Representatives,
shall take effect, until an election of Representatives shall have
intervened.'' They are simply grasping at straws. They have intended to
shut down the government from the start.
With regard to Ukraine funding, I am on the Armed Services Committee,
I also happen to be on the Intelligence Committee, and I support the
mission in Ukraine. It is not a U.S.-led mission. It is a mission that
the United States is participating in, and this continuing resolution
will not do anything to hinder what the United States is doing with
regard to Ukraine.
We need to vote for this continuing resolution. We need to keep the
United States Government open. We need to keep the DOD funded and our
soldiers funded, and disregard totally what you are hearing from the
other side. They are grasping at straws, making excuses, and telling
flat-out lies about Member compensation as an excuse to vote against
this piece of legislation.
Let's keep the government open. Vote for this bill.
Ms. DeLAURO. Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, may I inquiare as to the time remaining.
The SPEAKER pro tempore. The gentlewoman from Texas has 10 minutes
remaining.
Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Diaz-Balart).
Mr. DIAZ-BALART. Mr. Speaker, we deal with a lot of complicated
issues in this House, and this is not one of them. Let's be clear: 12
hours from now the Federal Government shuts down if we don't act.
This bill will fund the Federal Government for 45 days with a clean
continuing resolution, with just the addition of disaster funding. That
is all this is. Let's not get too complicated.
We are out of time. We either vote ``yes'' to keep the Federal
Government open or we will shut the government down. This is not very
complicated. We either vote to keep the government open by voting
``yes,'' or vote ``no'' and take responsibility for shutting down the
Federal Government.
This could not be simpler. This could not be easier. The American
people are wise, and they get it. It is hard to believe that some
Members of Congress would be confused on something so easy.
Ms. DeLAURO. Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Iowa (Mrs. Miller-Meeks).
Mrs. MILLER-MEEKS. Mr. Speaker, I rise today in support of this
continuing resolution to responsibly keep
[[Page H4926]]
the government open for 45 days. Shutting down the government should be
a last resort. My priority has always been to protect and represent my
constituents to the best of my ability, and I cannot justify shutting
down our entire government over obscure policy decisions.
Government shutdowns have real consequences on American lives. My dad
was an enlisted master sergeant in the Air Force, my mom had a GED, and
they both worked. My dad often had extra jobs on the weekend. I grew up
watching my dad at the kitchen table calculating how long it would take
to mail a bill so that the bill would get there after his one single
paycheck a month came in. Every single month, I watched that. He knew
exactly how many days it took.
A lapse in pay for these individuals means going without food. These
are real people that would be affected by the political games both
sides in Washington are playing.
To our nearly 10,000 hardworking Iowans in our district that work for
the Federal Government and are out of work, from heads of departments
to law enforcement officers to cafeteria workers to the Iowa National
Guard men and women who are protecting our southern border, I assure
you that I will remain steadfastly committed to keeping the government
open because at the end of the day I know your bills are still due.
Ms. DeLAURO. Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from
Nevada (Mr. Amodei).
Mr. AMODEI. Mr. Speaker, as the chairman of the Legislative Branch
Subcommittee in the Appropriations Committee which has very specific
jurisdiction over Member pay, I want to say plainly and unambiguously,
in the 70 pages in this thing, directly or indirectly, there is nothing
that will lead to a Member pay raise. That will be next week when it is
appropriately considered on the floor in terms of cost of living or
other things.
Ms. DeLAURO. Will the gentleman yield?
Mr. AMODEI. Mr. Speaker, I yield to the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Speaker, I would make reference to page 7 of the 71-
page document. In the Senate bill, I might add, they include a line
that says the Senate bill includes the blocking or the prohibition on a
Member pay raise. That has been dropped from the bill that has just
been proposed.
Mr. AMODEI. Mr. Speaker, reclaiming my time. With all due respect,
the definition of a CR is you go forward. There is nothing to block in
going forward with last year's language. That language still applies.
Thank you, good morning, and God bless America.
Ms. DeLAURO. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Massachusetts (Ms. Clark), the Democratic whip.
Ms. CLARK of Massachusetts. Mr. Speaker, we have just received a 71-
page bill that is about keeping open our Federal Government, something
that Democrats have been pushing for months.
We are asking for 90 minutes to be able to read this bill and come to
the floor with an informed vote. That has been denied. We have serious
trust issues.
____________________