In the nature of a substitute.

FURTHER CONTINUING APPROPRIATIONS AND EXTENSIONS ACT, 2023--Continued

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

[[Page S7238]]

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

Motion to Concur with Amendment No. 6541, as modified

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

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

The amendment is as follows:

(Purpose: In the nature of a substitute)

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

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

DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2023

DIVISION B--OTHER MATTERS

Title I--Extensions
Title II--Budgetary matters

DIVISION C--HEALTH AND HUMAN SERVICES

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

DIVISION D--PRECIP ACT

SEC. 3. REFERENCES.

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

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

There is hereby appropriated for fiscal year 2023, out of
any money in the Treasury not otherwise appropriated, for
payment to Colette Wallace McEachin, beneficiary of Aston
Donald McEachin, late a Representative from the Commonwealth
of Virginia, $174,000.

DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2023

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

DIVISION B--OTHER MATTERS

TITLE I--EXTENSIONS

SEC. 101. EXTENSION OF FCC AUCTION AUTHORITY.

Section 309(j)(11) of the Communications Act of 1934 (47
U.S.C. 309(j)(11)) is amended by striking ``December 16,
2022'' and inserting ``March 10, 2023''.

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

Section 3014(a) of title 18, United States Code, is
amended, in the matter preceding paragraph (1), by striking
``December 16, 2022'' and inserting ``March 10, 2023''.

SEC. 103. UNITED STATES PAROLE COMMISSION EXTENSION.

(a) Short Title.--This section may be cited as the ``United
States Parole Commission Further Extension Act of 2022''.
(b) Amendment of Sentencing Reform Act of 1984.--For
purposes of section 235(b) of the Sentencing Reform Act of
1984 (18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032),
as such section relates to chapter 311 of title 18, United
States Code, and the United States Parole Commission, each
reference in such section to ``35 years'' or ``35-year
period'' shall be deemed a reference to ``35 years and 130
days'' or ``35-year and 130-day period'', respectively.

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

Section 1(b) of Public Law 117-25 (135 Stat. 297), as
amended by section 104 of division C of the Continuing
Appropriations and Ukraine Supplemental Appropriations Act,
2023 is amended by striking ``December 16, 2022'' each place
it appears and inserting ``March 10, 2023''.

TITLE II--BUDGETARY MATTERS

SEC. 201. PAYGO REPORT.

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

DIVISION C--HEALTH AND HUMAN SERVICES

TITLE I--MEDICARE AND MEDICAID

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

(a) In General.--Section 1886(d)(12) of the Social Security
Act (42 U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``December 17, 2022'' and inserting ``March
11, 2023'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I), by striking
``December 16, 2022'' and inserting ``March 10, 2023'';
(B) in subclause (III), by striking ``December 16, 2022''
and inserting ``March 10, 2023''; and
(C) in subclause (IV), by striking ``December 17, 2022''
and inserting ``March 11, 2023''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``December 16, 2022'' and inserting ``March 10, 2023''; and
(B) in clause (ii), by striking ``December 16, 2022'' and
inserting ``March 10, 2023''.
(b) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the provisions of, including the amendments made by, this
section by program instruction or otherwise.

SEC. 102. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL
PROGRAM.

(a) In General.--Section 1886(d)(5)(G) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``December 17, 2022'' and
inserting ``March 11, 2023''; and
(2) in clause (ii)(II), by striking ``December 17, 2022''
and inserting ``March 11, 2023''.
(b) Conforming Amendments.--
(1) Extension of target amounts.--Section 1886(b)(3)(D) of
the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is
amended--
(A) in the matter preceding clause (i), by striking
``December 17, 2022'' and inserting ``March 11, 2023''; and
(B) in clause (iv), by striking ``December 16, 2022'' and
inserting ``March 10, 2023''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act
of 1993 (42 U.S.C. 1395ww note) is amended by striking
``December 16, 2022'' and inserting ``March 10, 2023''.

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

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

SEC. 104. MEDICARE IMPROVEMENT FUND.

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

TITLE II--HUMAN SERVICES

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

Activities authorized by section 511 of the Social Security
Act shall continue through March 10, 2023, and out of any
money in the Treasury of the United States not otherwise
appropriated, there is hereby appropriated for such purpose
an amount equal to the pro rata portion of the amount
appropriated for such activities for fiscal year 2022.

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

Activities authorized by part B of title IV of the Social
Security Act shall continue through March 10, 2023, in the
manner authorized for fiscal year 2022, and out of any money
in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may
be necessary for such purpose.

TITLE III--EXTENSION OF FDA AUTHORIZATIONS

SEC. 301. REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-PRIVATE
PARTNERSHIP.

Section 566(f) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-5(f)) is amended by striking ``$1,265,753
for the period beginning on October 1, 2022 and ending on
December 16, 2022'' and inserting ``$2,646,574 for the period
beginning on October 1, 2022 and ending on March 10, 2023''.

SEC. 302. REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR
CHILDREN PROGRAM.

Section 409I(d)(1) of the Public Health Service Act (42
U.S.C. 284m(d)(1)) is amended by striking ``$5,273,973 for
the period beginning on October 1, 2022 and ending on
December 16, 2022'' and inserting ``$11,027,398 for the
period beginning on October 1, 2022 and ending on March 10,
2023''.

SEC. 303. REAUTHORIZATION OF THE HUMANITARIAN DEVICE
EXEMPTION INCENTIVE.

Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j(m)(6)(A)(iv)) is amended by
striking ``December 17, 2022'' and inserting ``March 11,
2023''.

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

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

[[Page S7239]]

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

SEC. 305. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS
CONTAINING SINGLE ENANTIOMERS.

Section 505(u)(4) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(u)(4)) is amended by striking ``December
17, 2022'' and inserting ``March 11, 2023''.

SEC. 306. REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.

Section 704(g)(11) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 374(g)(11)) is amended by striking ``December
17, 2022'' and inserting ``March 11, 2023''.

SEC. 307. REAUTHORIZATION OF ORPHAN DRUG GRANTS.

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

SEC. 308. REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED
TO PENDING GENERIC DRUG APPLICATIONS AND
PRIORITY REVIEW APPLICATIONS.

Section 807 of the FDA Reauthorization Act of 2017 (Public
Law 115-52) is amended, in the matter preceding paragraph
(1), by striking ``December 16, 2022'' and inserting ``March
10, 2023''.

SEC. 309. REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.

Section 523(c) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360m(c)) is amended by striking ``December 17,
2022'' and inserting ``March 11, 2023''.

TITLE IV--INDIAN HEALTH

SEC. 401. EXTENSION OF MORATORIUM.

Section 424(a) of title IV of division G of Public Law 113-
76 is amended by striking ``December 16, 2022'' and inserting
``March 11, 2023''.

DIVISION D--PRECIP ACT

SEC. 1. SHORT TITLE.

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

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

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

``TITLE VI--IMPROVING FEDERAL PRECIPITATION INFORMATION

``SEC. 601. STUDY ON PRECIPITATION ESTIMATION.

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

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

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

``SEC. 603. DEFINITIONS.

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

``TITLE VI--IMPROVING FEDERAL PRECIPITATION INFORMATION

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

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

[[Page S7240]]

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

Motion to Concur with Amendment No. 6540

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

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

The amendment is as follows:

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

At the end, add the following:

DIVISION E--INTERNAL REVENUE SERVICE AND TAX ADMINISTRATION

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

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

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

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

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

Vote on Motion to Concur

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

[Rollcall Vote No. 397 Leg.]

YEAS--45

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

[[Page S7241]]

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

NAYS--47

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

NOT VOTING--8

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

Motion to Concur with Amendment No. 6451

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

Vote on Motion to Concur

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

[Rollcall Vote No. 398 Leg.]

YEAS--35

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

NAYS--56

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

NOT VOTING--9

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

Vote on Motion to Concur

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

[Rollcall Vote No. 399 Leg.]

YEAS--71

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

[[Page S7242]]

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

NAYS--19

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

NOT VOTING--10

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

____________________