[Congressional Record Volume 169, Number 147 (Tuesday, September 12, 2023)]
[Senate]
[Pages S4393-S4418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1094. Mr. VANCE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. ___. PROHIBITION ON AVAILABILITY OF FUNDS FOR DEPARTMENT 
                   OF VETERANS AFFAIRS TO MODIFY OR REMOVE ANY 
                   DISPLAY OF THE DEPARTMENT OF VETERANS AFFAIRS 
                   MISSION STATEMENT.

       None of the amounts appropriated by this division or 
     otherwise made available for fiscal year 2024 for the 
     Department of Veterans Affairs may be obligated or expended 
     to modify or remove any display of the Department of Veterans 
     Affairs that bears the mission statement ``To fulfill 
     President Lincoln's promise `to care for him who shall have 
     borne the battle, for his widow, and his orphan' by serving 
     and honoring the men and women who are America's veterans.''.
                                 ______
                                 
  SA 1095. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. DUTY-FREE ENTRY OF INFANT FORMULA; TERMINATION OF 
                   TARIFF-RATE QUOTA ON INFANT FORMULA.

       (a) In General.--Chapter 19 of the Harmonized Tariff 
     Schedule of the United States is amended as follows:
       (1) By striking Additional U.S. Note 2.
       (2) By inserting after Additional U.S. Note 3 the 
     following:
       ``4. For purposes of subheading 1901.90.57, the term 
     `infant formula base powder' means a dry mixture of protein, 
     fat, and carbohydrates that requires only the addition of 
     vitamins and minerals in order to meet the definition of the 
     term `infant formula' in section 201(z) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321(z)) and that is--
       ``(a) imported by a party that--
       ``(1) has been determined by the Food and Drug 
     Administration to be authorized to lawfully market infant 
     formula in the United States; or
       ``(2) has received a letter of enforcement discretion for 
     the Food and Drug Administration relating to the marketing of 
     its infant formula in the United States; and
       ``(b) intended to be used in manufacturing infant formula 
     in the United States.''.
       (3) By striking subheadings 1901.10.11 and 1901.10.16 and 
     the superior text to such subheadings and inserting the 
     following, with the article description having the same 
     degree of indentation as the article description for 
     subheading 1901.10.62:


``       1901.10.12       Infant formula       Free                 ...................  $1.217/kg+ 17.5%     ''
                           containing                                                                          .
                           oligosaccharides..

       (4) By striking subheadings 1901.10.26 and 1901.10.29 and 
     inserting the following, with the article description for 
     subheading 1901.10.23 having the same degree of indentation 
     as the article description for subheading 1901.10.21:


``       1901.10.23         Infant formula...  Free                 ...................  $1.217/kg + 17.5%
         1901.10.24         Other............  $1.035/kg + 14.9%    ...................  $1.217/kg + 17.5%
         ...............  Other:               ...................  ...................  ...................
         1901.10.25         Infant formula...  Free                 ...................  35%
         1901.10.28         Other............  14.9%                ...................  35%                  ''
                                                                                                               .

       (5) By striking subheadings 1901.10.33 and 1901.10.36 and 
     the superior text to such subheadings and inserting the 
     following, with the article description having the same 
     degree of indentation as the article description for 
     subheading 1901.10.62:


``       1901.10.34       Infant formula       Free                 ...................  $1.217/kg+ 17.5%     ''
                           containing                                                                          .
                           oligosaccharides..

       (6) By redesignating subheadings 1901.90.60 and 1901.90.61 
     as subheadings 1901.90.55 and 1901.90.56, respectively.
       (7) By striking subheading 1901.90.62 and inserting the 
     following, with the article description having the same 
     degree of indentation as the article description for 
     subheading 1901.10.56, as redesignated by paragraph (6):


``       1901.90.57       Infant formula base  Free                 ...................  $1.127/kg + 16%
                           powder, as defined
                           in additional U.S.
                           note 4 to this
                           chapter...........
         1901.90.58       Other..............  $1.035/kg +13.6%     Free (BH, CL, JO,    $1.127/kg + 16%      ''
                                                                     KR, MA, OM, PE,                           .
                                                                     SG)
                                                                     20.7 cents/kg +
                                                                     2.7% (P, PA)
                                                                    See 9822.04.25 (AU)
                                                                    See 9823.08.01-
                                                                     9823.08.38 (S+)
                                                                    See 9915.04.30,
                                                                     9915.04.50,
                                                                     9915.04.74 (P+)
                                                                    See 9918.04.60-
                                                                     9918.04.80 (CO)


[[Page S4394]]

       (b) Conforming Amendments.--Additional U.S. Note 10 to 
     chapter 4 of the Harmonized Tariff Schedule of the United 
     States is amended by striking ``1901.90.61'' and inserting 
     ``1901.90.56''.
       (c) Effective Date.--The amendments made by this section 
     apply with respect to articles entered, or withdrawn for 
     warehouse for consumption, on or after the date that is 120 
     days after the date of the enactment of this Act.
                                 ______
                                 
  SA 1096. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 208 of the amendment, insert between lines 6 and 7 
     the following:

              TITLE VIII--POVERTY MEASUREMENT IMPROVEMENT

     SEC. 801. IMPROVING THE MEASUREMENT OF POVERTY IN THE UNITED 
                   STATES.

       (a) Definitions.--In this section:
       (1) Federal benefit.--The term ``Federal benefit'' means a 
     benefit, refundable tax credit, or other form of assistance 
     provided under any of the following programs:
       (A) Earned Income Tax Credit (refundable portion).
       (B) Child Tax Credit (refundable portion).
       (C) Supplemental Security Income.
       (D) Temporary Assistance for Needy Families.
       (E) Title IV-E Foster Care.
       (F) Title IV-E Adoption Assistance.
       (G) Medicaid.
       (H) SCHIP.
       (I) Indian Health Services.
       (J) PPACA refundable premium assistance and cost sharing 
     tax credit.
       (K) Assets for Independence program.
       (L) Supplemental Nutrition Assistance Food Program.
       (M) School Breakfast.
       (N) School Lunch.
       (O) Women, Infants, and Children (WIC) Food Program.
       (P) Child and Adult Care Food Program.
       (Q) The Food Distribution Program on Indian Reservations 
     (FDPIR).
       (R) Nutrition Program for the Elderly.
       (S) Seniors Farmers' Market Nutrition Program.
       (T) Commodity Supplemental Food Program.
       (U) Section 8 Housing.
       (V) Public Housing.
       (W) Housing for Persons with Disabilities.
       (X) Home Investment Partnership Program.
       (Y) Rural Housing Service.
       (Z) Rural Housing Insurance Fund.
       (AA) Low-Income Home Energy Assistance Program.
       (BB) Universal Service Fund Low Income Support Mechanism 
     (subsidized phone services).
       (CC) Pell Grants.
       (DD) Supplemental Educational Opportunity Grants.
       (EE) American Opportunity Tax Credit (refundable portion).
       (FF) Healthy Start.
       (GG) Job Corps.
       (HH) Head Start (including Early Head Start).
       (II) Weatherization Assistance.
       (JJ) Chafee Foster Care Independence Program.
       (KK) Child Care Subsidies from the Child Care and 
     Development Fund.
       (LL) Child Care from the Temporary Assistance for Needy 
     Families Block Grant.
       (MM) Emergency Assistance to Needy Families with Children.
       (NN) Senior Community Service Employment Program.
       (OO) Migrant and Seasonal Farm Workers Training Program.
       (PP) Indian and Native American Employment and Training 
     Program.
       (QQ) Independent Living Education and Training Vouchers.
       (2) Resource unit.--The term ``resource unit'' means all 
     co-resident individuals who are related by birth, marriage, 
     or adoption, plus any co-resident unrelated children, foster 
     children, and unmarried partners and their relatives.
       (3) Market income.--The term ``market income'' means 
     individual income from the following:
       (A) Earnings.
       (B) Interest.
       (C) Dividends.
       (D) Rents, royalties, and estates and trusts.
       (E) The monetary value of employer-sponsored health 
     insurance benefits.
       (F) Other forms of income, as determined by the Director.
       (4) Entitlement and other income.--The term ``entitlement 
     and other income'' means income from the following:
       (A) Unemployment (insurance) compensation.
       (B) Workers' compensation.
       (C) Social Security.
       (D) Veterans' payments and benefits.
       (E) Survivor benefits.
       (F) Disability benefits (not including benefits under the 
     Supplemental Security Income program).
       (G) Pension or retirement income.
       (H) Alimony.
       (I) Child support.
       (J) Financial assistance from outside of the household.
       (K) Medicare.
       (5) Entitlement and earned unit income.--The term 
     ``entitlement and earned unit income'' means the sum of all 
     market income and entitlement and other income.
       (6) Income tax data.--The term ``income tax data'' means 
     return information, as such term is defined under section 
     6103(b)(2) of the Internal Revenue Code of 1986.
       (7) Administering agency.--The term ``administering 
     agency'' means a State or Federal agency responsible for 
     administering a Federal benefit.
       (8) Total resource unit income.--The term ``total resource 
     unit income'' means, with respect to a resource unit, an 
     amount equal to--
       (A) the sum of--
       (i) all market income attributable to members of the unit;
       (ii) all entitlement and other income attributable to 
     members of the unit; and
       (iii) an amount, or cash equivalent, of all Federal 
     benefits received by members of the unit; minus
       (B) all State and Federal income and payroll taxes 
     attributable to members of the unit.
       (9) Earned resource unit income.--The term ``earned 
     resource unit income'' means, with respect to a resource 
     unit, all market income attributable to members of the unit.
       (10) Personally identifiable information.--The term 
     ``personally identifiable information'' means any information 
     that identifies an individual or could reasonably be used to 
     identify an individual that is--
       (A) collected pursuant to a survey conducted by the Bureau 
     of the Census; or
       (B) disclosed to the Bureau of the Census by an 
     administering agency for the purpose of carrying out 
     subsection (b).
       (11) Director.--The term ``Director'' means the Director of 
     the Bureau of the Census.
       (b) Verification of Data Collected in the Annual Social and 
     Economic Supplement to the Current Population Survey.--
       (1) In general.--Beginning in fiscal year 2024, in order to 
     more accurately determine the extent of poverty in the United 
     States and the anti-poverty effectiveness of Federal benefit 
     programs, the Director shall collect, in addition to the data 
     collected under the Annual Social and Economic Supplement to 
     the Current Population Survey, data from the appropriate 
     administering agencies related to the following:
       (A) Participation in any Federal benefit program and the 
     monetary or cash equivalent value of such benefit for an 
     individual, where possible, and otherwise for resource units 
     or households.
       (B) The total amount of market income for individuals.
       (C) The total amount of entitlement and other income for 
     individuals.
       (D) Payment of income taxes and payroll taxes for 
     individuals.
       (E) Total resource unit income.
       (F) Total earned resource unit income.
       (G) Any other information about benefits or income received 
     by individuals that the Director determines necessary to 
     carry out this section and that is not included in the data 
     relating to participation in Federal benefit programs or 
     market income for individuals.
       (2) Administering agency data.--Not later than 6 months 
     after receiving a request from the Director, the head of each 
     administering agency shall make available to the Director 
     such data (including income tax data) as the Director shall 
     require for the purpose of carrying out this subsection and 
     for the purposes outlined in section 6 of title 13, United 
     States Code.
       (3) Publication of data.--
       (A) Rates and other data.--
       (i) Report.--The Director shall submit to Congress, not 
     later than January 1, 2025, a report detailing the 
     implementation of this section, including--

       (I) the availability of related data;
       (II) the quality of the data; and
       (III) the methodology proposed for assigning dollar values 
     to the receipt of noncash Federal benefits.

       (ii) Tables and graphs.--The Director shall produce tables 
     and graphs showing for each year the poverty rates and 
     related data calculated using data collected under paragraph 
     (1), including--

       (I) the total resource unit income for survey respondents;
       (II) the total earned resource unit income for survey 
     respondents;
       (III) the total of all amounts described in subparagraphs 
     (A) through (G) of paragraph (1) that are received by survey 
     respondents;
       (IV) a breakdown of the amount of income taxes and payroll 
     taxes attributable to survey respondents; and
       (V) for 2027 and subsequent years, poverty rates calculated 
     using updated poverty thresholds as described in clause 
     (iii).

       (iii) Updated poverty thresholds.--For 2027 and subsequent 
     years, the Director shall, in addition to the official 
     poverty line (as defined by the Office of Management and 
     Budget) and the supplemental poverty measure, provide an 
     alternative poverty measure that uses the personal 
     consumption expenditure price index (as published by the 
     Bureau of Economic Analysis) and accounts for the

[[Page S4395]]

     data collected under paragraph (1). The Director shall 
     provide a comparison of the official poverty line (as defined 
     by the Office of Management and Budget), the supplemental 
     poverty measure rate as defined by the Bureau of the Census, 
     and the alternative poverty rate created using the 
     alternative poverty measure under this section.
       (iv) Rule of construction.--The Office of Management and 
     Budget shall not use the additional data collected by the 
     Director pursuant to paragraph (1) for purposes of defining 
     the official poverty line.
       (B) Confidentiality.--Consistent with the provisions of 
     sections 8, 9, and 23(c) of title 13, United States Code, the 
     Director shall ensure the confidentiality of information 
     furnished to the Director under this subsection.
       (c) Protection and Disclosure of Personally Identifiable 
     Information.--
       (1) In general.--The security, disclosure, and 
     confidentiality provisions set forth in sections 9 and 23 of 
     title 13, United States Code, shall apply to personally 
     identifiable information obtained by the Bureau of the Census 
     pursuant to this section.
       (2) Restricted access to personally identifiable 
     information.--Access to personally identifiable information 
     collected to supplement the restricted-use Current Population 
     Survey Annual Social and Economic Supplements in accordance 
     with subsection (b)(1) shall be available only to those who 
     have access to the Current Population Survey data with the 
     permission of the Bureau of the Census and in accordance with 
     any other applicable provision of law.
       (3) Penalties.--Any individual who knowingly accesses or 
     discloses personally identifiable information in violation of 
     this section shall be guilty of a felony and upon conviction 
     thereof shall be fined in an amount of not more than $300,000 
     under title 18, United States Code, or imprisoned for not 
     more than five years, or both.
       (d) State Reporting of Federal Data.--Beginning with the 
     first full calendar year that begins after the date of 
     enactment of this Act, with respect to any Federal benefit 
     that is administered at the State level by a State 
     administering agency, such State administering agency shall 
     submit each year to the Federal administering agency 
     responsible for administering the benefit at the Federal 
     level a report that identifies each resource unit that 
     received such benefits during such year by the personally 
     identifiable information of the head of the resource unit and 
     the amount, or cash equivalent, of such benefit received by 
     such resource unit.

     SEC. 802. COMMISSION ON VALUATION OF GOVERNMENT BENEFITS.

       (a) Establishment.--There is established within the United 
     States Census Bureau a commission, to be known as the 
     ``Commission on Valuation of Federal Benefits'' (referred to 
     in this section as the ``Commission'').
       (b) Composition.--
       (1) In general.--The Commission shall be composed of 8 
     members, of whom--
       (A) 2 members shall be appointed by the majority leader of 
     the Senate;
       (B) 2 members shall be appointed by the minority leader of 
     the Senate;
       (C) 2 members shall be appointed by the Speaker of the 
     House of Representatives; and
       (D) 2 members shall be appointed by the minority leader of 
     the House of Representatives.
       (2) Co-chairs.--Of the members of the Commission--
       (A) 1 co-chair shall be designated by the majority leader 
     of the Senate; and
       (B) 1 co-chair shall be designated by the Speaker of the 
     House of Representatives.
       (3) Qualifications.--Each member appointed to the 
     Commission shall have experience in--
       (A) quantitative policy research; and
       (B) welfare or poverty studies.
       (c) Initial Meeting.--Not later than 60 days after the date 
     on which the last member is appointed under subsection (b), 
     the Commission shall hold an initial meeting.
       (d) Quorum.--Six members of the Commission shall constitute 
     a quorum.
       (e) No Proxy Voting.--Proxy voting by members of the 
     Commission shall be prohibited.
       (f) Staff.--The Director of the Census Bureau shall appoint 
     an executive director of the Commission.
       (g) Travel Expenses.--Members of the Commission shall serve 
     without pay, but shall receive travel expenses in accordance 
     with sections 5702 and 5703 of title 5, United States Code.
       (h) Duties of Commission.--
       (1) Recommendations.--
       (A) In general.--The Commission shall produce 
     recommendations for the valuation of Federal benefits listed 
     under section 801(a)(1) for the purpose of United States 
     Census Bureau estimates of the Federal Poverty Level, 
     including non-cash benefits.
       (2) Report.--
       (A) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Commission shall submit to 
     Congress a report of the recommendations required under 
     paragraph (1), including a detailed statement of methodology 
     and reasoning behind recommendations.
       (B) Public availability.--The report required by 
     subparagraph (A) shall be made available on an internet 
     website of the United States Government that is available to 
     the public.
       (i) Powers of Commission.--On request by the executive 
     director of the Commission, the head of a Federal agency 
     shall furnish information to the Commission.
       (j) Termination of Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits the report under subsection (h)(2).
       (k) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,000,000 to carry out this section.

     SEC. 803. GAO REPORTS ON EFFECT OF SUPPLEMENTARY DATA ON 
                   CALCULATION OF POVERTY RATES AND RELATED 
                   MEASURES.

       Not later than January 1, 2028, and every 2 years 
     thereafter, the Comptroller General of the United States 
     shall submit to Congress a report that compares the poverty 
     rates and related measures calculated under the Annual Social 
     and Economic Supplement to the Current Population Survey with 
     the poverty rates and related measures calculated using the 
     data collected under section 801(b)(1).

     SEC. 804. RULE OF CONSTRUCTION.

        Nothing in this title shall be construed to affect the 
     eligibility of an individual or household for a Federal 
     benefit.

     SEC. 805. RULE OF CONSTRUCTION.

        Nothing in this title shall be construed to affect the 
     eligibility of an individual or household for a Federal 
     benefit.

  TITLE IX--MODIFICATIONS TO SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

     SEC. 901. WORK REQUIREMENTS.

       (a) Declaration of Policy.--Section 2 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2011) is amended by adding at 
     the end the following: ``Congress further finds that it 
     should also be the purpose of the supplemental nutrition 
     assistance program to increase employment, to encourage 
     healthy marriage, and to promote prosperous self-sufficiency, 
     which means the ability of households to maintain an income 
     above the poverty level without services and benefits from 
     the Federal Government.''.
       (b) Definition of Food.--Section 3(k) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2012(k)) is amended by 
     striking ``means (1)'' and inserting ``means the following 
     foods, food products, meals, and other items, only if the 
     food, food product, meal, or other item is essential, as 
     determined by the Secretary: (1)''.
       (c) General Work Requirements.--Section 6(d)(1)(A) of the 
     Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(1)(A)) is 
     amended, in the matter preceding clause (i), by striking 
     ``60'' and inserting ``65''.
       (d) Hour-Based Work Requirement.--Section 6(o) of the Food 
     and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended--
       (1) in paragraph (1)(C), by striking ``other than a 
     supervised job search program or job search training 
     program'' and inserting ``including an in-person supervised 
     job search program'';
       (2) in paragraph (3)--
       (A) in subparagraph (A), by striking ``50'' and inserting 
     ``64'';
       (B) by striking subparagraph (C); and
       (C) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (C) and (D), respectively;
       (3) in paragraph (4)(A)--
       (A) in the matter preceding clause (i), by striking 
     ``area'' and inserting ``county or county equivalent'';
       (B) in clause (i), by striking ``or'' and inserting 
     ``and''; and
       (C) by striking clause (ii) and inserting the following:
       ``(ii) is not located within a labor market area, as 
     determined by data published by the Bureau of Labor 
     Statistics, that has an unemployment rate of over 10 
     percent.'';
       (4) in paragraph (6)(D), by striking ``15 percent'' and 
     inserting ``5 percent'';
       (5) by redesignating paragraph (7) as paragraph (8);
       (6) by inserting after paragraph (6) the following:
       ``(7) Work or work preparation hours requirement for 
     married couples with children.--The total combined number of 
     hours of work or work preparation activities under 
     subparagraphs (A), (B), and (C) of paragraph (2) for both 
     spouses in a married couple household with 1 or more children 
     over the age of 6 shall not be greater than the total number 
     of hours required under those subparagraphs for a single head 
     of household.''; and
       (7) by inserting after paragraph (8) (as so redesignated) 
     the following:
       ``(9) Minimum wage rule.--The limitation under subsection 
     (d)(4)(F)(i) shall not apply to any work requirement, 
     program, or activity required under this subsection.''.

     SEC. 902. EMPLOYMENT AND TRAINING PROGRAM OUTCOMES REPORTING.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Agriculture shall submit to Congress a 
     report, using data from the most recent 5 fiscal years 
     available, detailing the outcomes of beneficiaries of the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) 
     (referred to in this section as ``SNAP'') who participate in 
     employment and training programs (as defined in section 
     6(d)(4)(B) of that Act (7 U.S.C. 2015(d)(4)(B))) for each of 
     those 5 years that includes the following information:
       (1) The number and percentage of SNAP beneficiaries in each 
     State who participated in an employment and training program 
     compared to the number and percentage of SNAP beneficiaries 
     in each State who did

[[Page S4396]]

     not participate in an employment and training program.
       (2) The number and percentage of SNAP beneficiaries in each 
     State who obtained a job while participating in an employment 
     and training program compared to the number and percentage of 
     SNAP beneficiaries in each State who obtained a job but did 
     not participate in an employment and training program.
       (3) The number and percentage of SNAP beneficiaries in each 
     State who retained a job for 6 months, 1 year, and 5 years 
     after completing an employment and training program and 
     obtaining a job compared to the number and percentage of SNAP 
     beneficiaries in each State who retained a job for 6 months, 
     1 year, and 5 years but did not complete an employment and 
     training program prior to obtaining that job.
       (4) The increase or decrease in wages, if applicable, for 
     SNAP beneficiaries in each State who retained a job for 6 
     months, 1 year, and 5 years after completing an employment 
     and training program and obtaining a job compared to the 
     increase or decrease in wages, if applicable, for SNAP 
     beneficiaries in each State who retained a job for 6 months, 
     1 year, and 5 years but did not complete an employment and 
     training program prior to obtaining that job.
       (5) The number and percentage of SNAP beneficiaries who--
       (A) previously participated in an employment and training 
     program;
       (B) after that participation, obtained a job or stopped 
     receiving SNAP benefits; and
       (C) after regaining eligibility for SNAP benefits, 
     reentered an employment or training program.
       (6) The average duration that SNAP beneficiaries in each 
     State participated in an employment and training program.
       (7) A breakdown of--
       (A) the types of employment and training activities offered 
     by the employment and training program of each State; and
       (B) the types of jobs that States are preparing employment 
     and training program participants to obtain.

     SEC. 903. STATE MATCHING FUNDS.

       Section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2013) is amended by adding at the end the following:
       ``(d) State Matching Funds.--
       ``(1) In general.--Each State that participates in the 
     supplemental nutrition assistance program shall, as a 
     condition of participation, be required to contribute 
     matching funds in an amount equal to, of the funds received 
     from the Secretary by the State for program administration--
       ``(A) for fiscal year 2024, 10 percent;
       ``(B) for fiscal year 2025, 15 percent;
       ``(C) for fiscal year 2026, 20 percent;
       ``(D) for fiscal year 2027, 25 percent;
       ``(E) for fiscal year 2028, 30 percent;
       ``(F) for fiscal year 2029, 35 percent;
       ``(G) for fiscal year 2030, 40 percent;
       ``(H) for fiscal year 2031, 45 percent; and
       ``(I) for fiscal year 2032 and each fiscal year thereafter, 
     50 percent.
       ``(2) Additional contributions permitted.--Nothing in this 
     subsection prevents a State from contributing matching funds 
     in an amount greater than the amount required under paragraph 
     (1) for the applicable fiscal year.''.

     SEC. 904. ELIGIBILITY.

       Section 5(a) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2014(a)) is amended--
       (1) in the second sentence, by inserting ``that are limited 
     to families whose income and resources satisfy financial need 
     criteria established in accordance with subsections (c) and 
     (g) by the State for receipt of the benefits'' after ``(42 
     U.S.C. 601 et seq.)''; and
       (2) by inserting after the second sentence the following: 
     ``To be deemed eligible for participation in the supplemental 
     nutrition assistance program under this subsection, a 
     household shall receive a cash or noncash means-tested public 
     benefit for at least 6 consecutive months valued at not less 
     than $50.''.

     SEC. 905. COMPLIANCE WITH FRAUD INVESTIGATIONS.

       Section 6(d) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2015(d)) is amended by adding at the end the 
     following:
       ``(5) Compliance with fraud investigations.--To be eligible 
     to participate in the supplemental nutrition assistance 
     program, an individual shall cooperate with any investigation 
     into fraud under that program, including full participation 
     in any--
       ``(A) meeting requested by fraud investigators; and
       ``(B) administrative hearing.''.

     SEC. 906. AUTHORIZED USERS OF ELECTRONIC BENEFIT TRANSFER 
                   CARDS.

       Section 7(h) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2016(h)) is amended by adding at the end the 
     following:
       ``(15) Authorized users.--
       ``(A) In general.--A State agency shall register--
       ``(i) at least 1 member of a household issued an EBT card 
     as an authorized user of the card; and
       ``(ii) an authorized representative of a household as an 
     authorized user of the EBT card issued to the household.
       ``(B) Limit.--Not more than 5 individuals shall be 
     registered as authorized users, including the authorized 
     representative of a household, on an EBT card.
       ``(C) Unauthorized use.--
       ``(i) In general.--An EBT card shall not be used by any 
     individual who is not an authorized user of the EBT card.
       ``(ii) 2 unauthorized uses.--If an EBT card has been used 2 
     times by an unauthorized user of the EBT card, the head of 
     the household to which the EBT card is issued shall be 
     required to review program rights and responsibilities with 
     personnel of the State agency.
       ``(iii) 4 unauthorized uses.--If an EBT card has been used 
     4 times by an unauthorized user of the EBT card, the State 
     agency shall suspend benefits for the household to which the 
     EBT card is issued for 1 month.
       ``(iv) 6 unauthorized uses.--If an EBT card has been used 6 
     times by an unauthorized user of the EBT card, the State 
     agency shall suspend benefits for the household to which the 
     EBT card is issued for 3 months.
       ``(v) 7 or more unauthorized uses.--If an EBT card has been 
     used 7 or more times by an unauthorized user of the EBT card, 
     the State agency shall suspend benefits for the household to 
     which the EBT card is issued for 1 month per unauthorized 
     use.
       ``(vi) Administration.--Any action taken under clauses (ii) 
     through (v) shall be consistent with sections 6(b) and 
     11(e)(10), as applicable.''.

     SEC. 907. REAUTHORIZATION OF MEDIUM- OR HIGH-RISK RETAIL FOOD 
                   STORES AND WHOLESALE FOOD CONCERNS.

       Section 9(a)(2)(A) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2018(a)(2)(A)) is amended by striking ``; and'' and 
     inserting ``, which, in the case of a retail food store or 
     wholesale food concern for which there is a medium risk or 
     high risk of fraudulent transactions, as determined by the 
     fraud detection system of the Food and Nutrition Service, 
     shall be annually; and''.

     SEC. 908. STATE ACTIVITY REPORTS.

       Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2020) is amended by adding at the end the following:
       ``(y) State Activity Reports.--The Secretary shall publish 
     for each fiscal year a report describing the activity of each 
     State in the supplemental nutrition assistance program, which 
     shall contain, for the applicable fiscal year, substantially 
     the same information as is contained in the report published 
     by the Food and Nutrition Service entitled `Supplemental 
     Nutrition Assistance Program State Activity Report Fiscal 
     Year 2016' and published September 2017.''.

     SEC. 909. DISQUALIFICATION BY STATE AGENCY.

       Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2021) is amended by adding at the end the following:
       ``(j) Disqualification by State Agency.--
       ``(1) In general.--Except as provided in paragraph (4), a 
     State agency shall permanently disqualify from participation 
     in the supplemental nutrition assistance program an approved 
     retail food store or wholesale food concern convicted of--
       ``(A) trafficking in food instruments (including any 
     voucher, draft, check, or access device (including an 
     electronic benefit transfer card or personal identification 
     number) issued in lieu of a food instrument under this Act); 
     or
       ``(B) selling firearms, ammunition, explosives, or 
     controlled substances (as defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)) in exchange for 
     food instruments (including any item described in 
     subparagraph (A) issued in lieu of a food instrument under 
     this Act).
       ``(2) Notice of disqualification.--The State agency shall--
       ``(A) provide the approved retail food store or wholesale 
     food concern with notification of the disqualification; and
       ``(B) make the disqualification effective on the date of 
     receipt of the notice of disqualification.
       ``(3) Prohibition of receipt of lost revenues.--A retail 
     food store or wholesale food concern shall not be entitled to 
     receive any compensation for revenues lost as a result of 
     disqualification under this subsection.
       ``(4) Exceptions in lieu of disqualification.--
       ``(A) In general.--A State agency may permit a retail food 
     store or wholesale food concern that, but for this paragraph, 
     would be disqualified under paragraph (1), to continue to 
     participate in the supplemental nutrition assistance program 
     if the State agency determines, in its sole discretion, 
     that--
       ``(i) disqualification of the retail food store or 
     wholesale food concern, as applicable, would cause hardship 
     to participants in the supplemental nutrition assistance 
     program; or
       ``(ii)(I) the retail food store or wholesale food concern 
     had, at the time of the violation under paragraph (1), an 
     effective policy and program in effect to prevent violations 
     described in paragraph (1); and
       ``(II) the ownership of the retail food store or wholesale 
     food concern was not aware of, did not approve of, and was 
     not involved in the conduct of the violation.
       ``(B) Civil penalty.--If a State agency under subparagraph 
     (A) permits a retail food store or wholesale food concern to 
     continue to participate in the supplemental nutrition 
     assistance program in lieu of disqualification, the State 
     agency shall assess a civil penalty in an amount determined 
     by the State agency, except that--
       ``(i) the amount of the civil penalty shall not exceed 
     $10,000 for each violation; and
       ``(ii) the amount of civil penalties imposed for violations 
     investigated as part of a single investigation may not exceed 
     $40,000.
       ``(C) Reporting.--
       ``(i) To the secretary.--If a State agency under 
     subparagraph (A) permits a retail food

[[Page S4397]]

     store or wholesale food concern to continue to participate in 
     the supplemental nutrition assistance program in lieu of 
     disqualification, the State agency shall annually submit to 
     the Secretary a report describing the justification of the 
     State agency for that action.
       ``(ii) To congress.--The Secretary shall annually submit to 
     Congress a report compiling the information contained in 
     reports submitted to the Secretary under clause (i).''.

     SEC. 910. RETENTION OF RECAPTURED FUNDS BY STATES.

       Section 16(a) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2025(a)) is amended--
       (1) in the second sentence, by striking ``The officials'' 
     and inserting the following:
       ``(3) Prohibition.--The officials'';
       (2) in the first sentence--
       (A) by redesignating paragraphs (1) through (9) as 
     subparagraphs (A) through (I), respectively; and
       (B) by striking ``section 17(n): Provided, That the 
     Secretary'' and inserting the following: ``section 17(n).
       ``(2) Administration on indian reservations and in native 
     villages.--
       ``(A) In general.--The Secretary'';
       (3) in paragraph (2) (as so designated)--
       (A) in subparagraph (A), by striking ``35 percent'' and 
     inserting ``50 percent''; and
       (B) by adding at the end the following:
       ``(B) Use of retained amounts for fraud investigations.--
     The value of funds or allotments recovered or collected 
     pursuant to sections 6(b) and 13(c) that are retained by a 
     State under subparagraph (A) in excess of 35 percent shall be 
     used by the State for investigations of fraud in the 
     supplemental nutrition assistance program.''; and
       (4) by striking the subsection designation and all that 
     follows through ``Subject to'' in the matter preceding 
     paragraph (2) (as so designated) and inserting the following:
       ``(a) Administrative Cost-Sharing.--
       ``(1) In general.--Subject to''.
                                 ______
                                 
  SA 1097. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of division B, insert the following:

           TITLE VIII--OPPORTUNITIES FOR FAIRNESS IN FARMING

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Opportunities for Fairness 
     in Farming Act of 2023''.

     SEC. 802. FINDINGS.

       Congress finds that--
       (1) the generic programs to promote and provide research 
     and information for an agricultural commodity (commonly known 
     as ``checkoff programs'') are intended to increase demand for 
     all of that agricultural commodity and benefit all assessed 
     producers of that agricultural commodity;
       (2) although the laws establishing checkoff programs 
     broadly prohibit the use of funds in any manner for the 
     purpose of influencing legislation or government action, 
     checkoff programs have repeatedly been shown to use funds to 
     influence policy directly or by partnering with organizations 
     that lobby;
       (3) the unlawful use of checkoff programs funds benefits 
     some agricultural producers while harming many others;
       (4) to more effectively prevent Boards from using funds for 
     unlawful purposes, strict separation of engagement between 
     the Boards and policy entities is necessary;
       (5) conflicts of interest in the checkoff programs allow 
     special interests to use checkoff program funds for the 
     benefit of some assessed agricultural producers at the 
     expense of many others;
       (6) prohibiting conflicts of interest in checkoff programs 
     is necessary to ensure the proper and lawful operation of the 
     checkoff programs;
       (7) checkoff programs are designed to promote agricultural 
     commodities, not to damage other types of agricultural 
     commodities through anticompetitive conduct or otherwise;
       (8) prohibiting anticompetitive and similar conduct is 
     necessary to ensure proper and lawful operation of checkoff 
     programs;
       (9) lack of transparency in checkoff programs enables 
     abuses to occur and conceals abuses from being discovered; 
     and
       (10) requiring transparency in the expenditure of checkoff 
     program funds is necessary to prevent and uncover abuses in 
     checkoff programs.

     SEC. 803. DEFINITIONS.

       In this title:
       (1) Board.--The term ``Board'' means a board, committee, or 
     similar entity established to carry out a checkoff program or 
     an order issued by the Secretary under a checkoff program.
       (2) Checkoff program.--The term ``checkoff program'' means 
     a program to promote and provide research and information for 
     a particular agricultural commodity without reference to 
     specific producers or brands, including a program carried out 
     under any of the following:
       (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et 
     seq.).
       (B) The Potato Research and Promotion Act (7 U.S.C. 2611 et 
     seq.).
       (C) The Egg Research and Consumer Information Act (7 U.S.C. 
     2701 et seq.).
       (D) The Beef Research and Information Act (7 U.S.C. 2901 et 
     seq.).
       (E) The Wheat and Wheat Foods Research and Nutrition 
     Education Act (7 U.S.C. 3401 et seq.).
       (F) The Floral Research and Consumer Information Act (7 
     U.S.C. 4301 et seq.).
       (G) Subtitle B of the Dairy Production Stabilization Act of 
     1983 (7 U.S.C. 4501 et seq.).
       (H) The Honey Research, Promotion, and Consumer Information 
     Act (7 U.S.C. 4601 et seq.).
       (I) The Pork Promotion, Research, and Consumer Information 
     Act of 1985 (7 U.S.C. 4801 et seq.).
       (J) The Watermelon Research and Promotion Act (7 U.S.C. 
     4901 et seq.).
       (K) The Pecan Promotion and Research Act of 1990 (7 U.S.C. 
     6001 et seq.).
       (L) The Mushroom Promotion, Research, and Consumer 
     Information Act of 1990 (7 U.S.C. 6101 et seq.).
       (M) The Lime Research, Promotion, and Consumer Information 
     Act of 1990 (7 U.S.C. 6201 et seq.).
       (N) The Soybean Promotion, Research, and Consumer 
     Information Act (7 U.S.C. 6301 et seq.).
       (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et 
     seq.).
       (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion 
     and Information Act of 1993 (7 U.S.C. 6801 et seq.).
       (Q) The Sheep Promotion, Research, and Information Act of 
     1994 (7 U.S.C. 7101 et seq.).
       (R) Section 501 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7401).
       (S) The Commodity Promotion, Research, and Information Act 
     of 1996 (7 U.S.C. 7411 et seq.).
       (T) The Canola and Rapeseed Research, Promotion, and 
     Consumer Information Act (7 U.S.C. 7441 et seq.).
       (U) The National Kiwifruit Research, Promotion, and 
     Consumer Information Act (7 U.S.C. 7461 et seq.).
       (V) The Popcorn Promotion, Research, and Consumer 
     Information Act (7 U.S.C. 7481 et seq.).
       (W) The Hass Avocado Promotion, Research, and Information 
     Act of 2000 (7 U.S.C. 7801 et seq.).
       (3) Conflict of interest.--The term ``conflict of 
     interest'' means a direct or indirect financial interest in a 
     person or entity that performs a service for, or enters into 
     a contract or agreement with, a Board for anything of 
     economic value.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 804. REQUIREMENTS OF CHECKOFF PROGRAMS.

       (a) Prohibitions.--
       (1) In general.--Except as provided in paragraph (4), a 
     Board shall not enter into any contract or agreement to carry 
     out checkoff program activities with a party that engages in 
     activities for the purpose of influencing any government 
     policy or action that relates to agriculture.
       (2) Conflict of interest.--A Board shall not engage in, and 
     shall prohibit the employees and agents of the Board, acting 
     in their official capacity, from engaging in, any act that 
     may involve a conflict of interest.
       (3) Other prohibitions.--A Board shall not engage in, and 
     shall prohibit the employees and agents of the Board, acting 
     in their official capacity, from engaging in--
       (A) any anticompetitive activity;
       (B) any unfair or deceptive act or practice; or
       (C) any act that may be disparaging to, or in any way 
     negatively portray, another agricultural commodity or 
     product.
       (4) Exception for certain contracts with institutions of 
     higher education.--Paragraph (1) shall not apply to a 
     contract or agreement entered into between a Board and an 
     institution of higher education for the purpose of research, 
     extension, and education.
       (b) Authority To Enter Into Contracts.--Notwithstanding any 
     other provision of law, on approval of the Secretary, a Board 
     may enter directly into contracts and agreements to carry out 
     generic promotion, research, or other activities authorized 
     by law.
       (c) Production of Records.--
       (1) In general.--Each contract or agreement of a checkoff 
     program shall provide that the entity that enters into the 
     contract or agreement shall produce to the Board accurate 
     records that account for all funds received under the 
     contract or agreement, including any goods or services 
     provided or costs incurred in connection with the contract or 
     agreement.
       (2) Maintenance of records.--A Board shall maintain any 
     records received under paragraph (1).
       (d) Publication of Budgets and Disbursements.--
       (1) In general.--The Board shall publish and make available 
     for public inspection all budgets and disbursements of funds 
     entrusted to the Board that are approved by the Secretary, 
     immediately on approval by the Secretary.
       (2) Required disclosures.--In carrying out paragraph (1), 
     the Board shall disclose--
       (A) the amount of the disbursement;

[[Page S4398]]

       (B) the purpose of the disbursement, including the 
     activities to be funded by the disbursement;
       (C) the identity of the recipient of the disbursement; and
       (D) the identity of any other parties that may receive the 
     disbursed funds, including any contracts or subcontractors of 
     the recipient of the disbursement.
       (e) Audits.--
       (1) Periodic audits by inspector general of usda.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, and not less frequently than every 5 
     years thereafter, the Inspector General of the Department of 
     Agriculture shall conduct an audit to determine the 
     compliance of each checkoff program with this section during 
     the period of time covered by the audit.
       (B) Review of records.--An audit conducted under 
     subparagraph (A) shall include a review of any records 
     produced to the Board under subsection (c)(1).
       (C) Submission of reports.--On completion of each audit 
     under subparagraph (A), the Inspector General of the 
     Department of Agriculture shall--
       (i) prepare a report describing the audit; and
       (ii) submit the report described in clause (i) to--

       (I) the appropriate committees of Congress, including the 
     Subcommittee on Antitrust, Competition Policy and Consumer 
     Rights of the Committee on the Judiciary of the Senate; and
       (II) the Comptroller General of the United States.

       (2) Audit by comptroller general.--
       (A) In general.--Not earlier than 3 years, and not later 
     than 5 years, after the date of enactment of this Act, the 
     Comptroller General of the United States shall--
       (i) conduct an audit to assess--

       (I) the status of actions taken for each checkoff program 
     to ensure compliance with this section; and
       (II) the extent to which actions described in subclause (I) 
     have improved the integrity of a checkoff program; and

       (ii) prepare a report describing the audit conducted under 
     clause (i), including any recommendations for--

       (I) strengthening the effect of actions described in clause 
     (i)(I); and
       (II) improving Federal legislation relating to checkoff 
     programs.

       (B) Consideration of inspector general reports.--The 
     Comptroller General of the United States shall consider 
     reports described in paragraph (1)(C) in preparing any 
     recommendations in the report under subparagraph (A)(ii).

     SEC. 805. SEVERABILITY.

       If any provision of this title or the application of such 
     provision to any person or circumstance is held to be 
     unconstitutional, the remainder of this title, and the 
     application of the provision to any other person or 
     circumstance, shall not be affected.
                                 ______
                                 
  SA 1098. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division B, insert the 
     following:
       Sec. __.  None of the funds made available by this Act may 
     be used--
       (1) to carry out Socially Disadvantaged Applicant funding 
     under Farm Service Agency farm loan programs; or
       (2) for Department of Agriculture loan programs that use 
     race as a criteria for eligibility.
                                 ______
                                 
  SA 1099. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        In the appropriate place in division B, insert the 
     following:

     SEC. __. CIVIL PENALTY FOR FAILURE TO DISCLOSURE AGRICULTURAL 
                   FOREIGN INVESTMENT.

       Section 3(b) of the Agricultural Foreign Investment 
     Disclosure Act of 1978 (7 U.S.C. 3502(b)) is amended by 
     striking ``shall not exceed 25 percent'' and inserting 
     ``shall be equal to not less than 25 percent''.
                                 ______
                                 
  SA 1100. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division B, insert the 
     following:

     SEC. ___. EXCLUSION OF PROPERTY AND FACILITIES LOCATED ON 
                   PRIME FARMLAND FROM CERTAIN CREDITS RELATING TO 
                   RENEWABLE ENERGY PRODUCTION AND INVESTMENT.

       (a) Exclusion of Property Placed in Service on Prime 
     Farmland From Residential Clean Energy Credit.--
       (1) In general.--Section 25D(e) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(9) Exclusion of prime farmland.--
       ``(A) In general.--Expenditures which are properly 
     allocable to property placed in service on prime farmland 
     shall not be taken into account for purposes of this section.
       ``(B) Prime farmland defined.--For purposes of this 
     paragraph, the term `prime farmland' means land determined by 
     the Secretary of Agriculture to be prime farmland within the 
     meaning of part 657.5 of title 7, Code of Federal 
     Regulations.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property placed in service after the date of 
     the enactment of this section.
       (b) Exclusion of Facilities Located on Prime Farmland From 
     Renewable Electricity Production Credit.--
       (1) In general.--Section 45(e) of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     paragraph:
       ``(14) Prime farmland excluded.--The term `qualified 
     facility' shall not include any facility located on prime 
     farmland (as defined in section 25D(e)(9)).''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to facilities placed in service after the date of 
     the enactment of this section.
       (c) Exclusion of Property Placed in Service on Prime 
     Farmland From Energy Credit.--
       (1) In general.--Section 48(a)(3) of the Internal Revenue 
     Code of 1986 is amended by inserting ``or any property 
     located on prime farmland (as defined in section 25D(e)(9))'' 
     after ``any prior taxable year''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property placed in service after the date of 
     the enactment of this section.
       (d) Exclusion of Property Placed in Service on Prime 
     Farmland From Clean Electricity Investment Credit.--
       (1) In general.--Section 48E(d) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(6) Exclusion of prime farmland.--Expenditures which are 
     properly allocable to property placed in service on prime 
     farmland (as defined in section 25D(e)(9)) shall not be taken 
     into account for purposes of this section.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to qualified investments with respect to any 
     qualified facility or energy storage technology the 
     construction of which begins after the date of the enactment 
     of this section.
       (e)  Exclusion of Facilities Located on Prime Farmland From 
     Clean Electricity Production Credit.--
       (1) In general.--Section 45Y(b)(1) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(E) Prime farmland excluded.--The term `qualified 
     facility' shall not include any facility located on prime 
     farmland (as defined in section 25D(e)(9)).''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to facilities placed in service after the date of 
     the enactment of this section.
                                 ______
                                 
  SA 1101. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. LET ME TRAVEL AMERICA.

       (a) Short Title.--This section may be cited as the ``Let Me 
     Travel America Act''.
       (b) Limitation on Authority of Surgeon General.--Section 
     361 of the Public Health Service Act (42 U.S.C. 264) is 
     amended by adding at the end the following:
       ``(f) Nothing in this section shall be construed to provide 
     the Surgeon General, the Secretary of Health and Human 
     Services, or any Federal agency with the authority to mandate 
     vaccination against Coronavirus Disease 2019 (COVID-19) as a 
     prerequisite for interstate travel, transportation, or 
     movement.''.
       (c) Interstate Common Carriers.--
       (1) In general.--Chapter 805 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 80505. COVID-19 vaccination status

       ``(a) In General.--An entity described in subsection (b) 
     may not deny service to any

[[Page S4399]]

     individual solely based on the vaccination status of the 
     individual with respect to the Coronavirus Disease 2019 
     (COVID-19).
       ``(b) Entity Described.--An entity referred to in 
     subsection (a) is a common carrier or any other entity, 
     including a rail carrier (as defined in section 10102, 
     including Amtrak), a motor carrier (as defined in section 
     13102), a water carrier (as defined in that section), and an 
     air carrier (as defined in section 40102), that--
       ``(1) provides interstate transportation of passengers; and
       ``(2) is subject to the jurisdiction of the Department of 
     Transportation or the Surface Transportation Board under this 
     title.
       ``(c) Savings Provision.--Nothing in this section applies 
     to the regulation of intrastate travel, transportation, or 
     movement, including the intrastate transportation of 
     passengers.''.
       (2) Clerical amendment.--The analysis for chapter 805 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 80504 the following:

``80505. COVID-19 vaccination status.''.
       (d) Rule of Construction.--Nothing in this section, or an 
     amendment made by this section, shall be construed to permit 
     or otherwise authorize Congress or an executive agency to 
     enact or otherwise impose a COVID-19 vaccine mandate.
                                 ______
                                 
  SA 1102. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. ___. PROHIBITION ON AVAILABILITY OF FUNDS FOR DEPARTMENT 
                   OF VETERANS AFFAIRS TO DISPLAY CERTAIN FLAGS.

       None of the funds appropriated by this division or 
     otherwise made available for fiscal year 2024 for the 
     Department of Veterans Affairs may be obligated or expended 
     to display at a facility of the Department any flag other 
     than a flag representing the United States, a State, a 
     territory of the United States, an element of the Armed 
     Forces, prisoners of war, or those who are missing in action.
                                 ______
                                 
  SA 1103. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. __. PROHIBITION ON USE OF FUNDS FOR GENDER TRANSITION 
                   SURGERIES AND THE PROVISION OF GENDER AFFIRMING 
                   CARE.

       None of the funds appropriated or otherwise made available 
     by this division may be used for gender transition surgeries 
     or the provision of gender affirming care.
                                 ______
                                 
  SA 1104. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. __. PROHIBITION ON USE OF FUNDS FOR ABORTIONS.

       None of the funds appropriated or otherwise made available 
     by this division may be used for abortions, including the 
     provision of abortion services, the use of facilities for an 
     abortion, or the granting of any per diem or travel 
     allowances for the procurement of an abortion.
                                 ______
                                 
  SA 1105. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division A, insert the 
     following:
       Sec. ___.  Of the funds made available by this division or 
     otherwise made available for fiscal year 2024 for the 
     Department of Defense for the support of Ukraine, not more 
     than two percent may be obligated or expended until the date 
     on which all member countries of North Atlantic Treaty 
     Organization that do not spend two percent or more of their 
     gross domestic product on defense meet or exceed such 
     threshold.
                                 ______
                                 
  SA 1106. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. LIMITATION ON AVAILABILITY OF FUNDS FOR MILITARY 
                   CONSTRUCTION PROJECTS IN JAPAN.

       None of the funds appropriated or otherwise made available 
     by this Act may be made available for military construction 
     projects in Japan, other than those related to housing or the 
     provision of medical services for members of the United 
     States Armed Forces, until the Secretary of Defense conducts 
     a thorough review of the United States-Japan Status of Forces 
     Agreement and determines that--
       (1) Japan is in compliance with all provisions of such 
     agreement; and
       (2) there are adequate safeguards in place for members of 
     the United States Armed Forces to ensure access to legal 
     counsel, competent interpretation, and communication with a 
     representative of the United States Government from the 
     moment of arrest or detention and during all states of the 
     legal process.
                                 ______
                                 
  SA 1107. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. ___. PROHIBITION ON AVAILABILITY OF FUNDS FOR DEPARTMENT 
                   OF VETERANS AFFAIRS TO IMPLEMENT A MASK 
                   MANDATE.

       None of the funds appropriated by this division or 
     otherwise made available for fiscal year 2024 for the 
     Department of Veterans Affairs may be obligated or expended 
     to implement a mask mandate at any facility of the 
     Department.
                                 ______
                                 
  SA 1108. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. __. PROHIBITION ON USE OF FUNDS TO IMPLEMENT A VACCINE 
                   MANDATE AT DEPARTMENT OF VETERANS AFFAIRS 
                   FACILITIES.

       None of the funds appropriated or otherwise made available 
     by this division may be used to implement a vaccine mandate 
     at any facility of the Department of Veterans Affairs.
                                 ______
                                 
  SA 1109. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. TREATMENT OF FUNDS RECEIVED BY NATIONAL GUARD BUREAU 
                   AS REIMBURSEMENT FROM STATES.

       Section 710 of title 32, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Treatment of Reimbursed Funds.--Any funds received by 
     the National Guard Bureau from a State, the Commonwealth of 
     Puerto Rico, the District of Columbia, Guam, or the Virgin 
     Islands as reimbursement under this section for the use of 
     military property--
       ``(1) shall be credited to--
       ``(A) the appropriation, fund, or account used in incurring 
     the obligation; or

[[Page S4400]]

       ``(B) an appropriate appropriation, fund, or account 
     currently available for the purposes for which the 
     expenditures were made; and
       ``(2) may only be used by the Department of Defense for the 
     repair, maintenance, or other similar functions related 
     directly to assets used by National Guard units while 
     operating under State active duty status.''.
                                 ______
                                 
  SA 1110. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. ___. PROHIBITION ON AVAILABILITY OF FUNDS FOR PURPOSES 
                   RELATING TO DIVERSITY, EQUITY, OR INCLUSION.

       None of the funds appropriated by this division or 
     otherwise made available for fiscal year 2024 for the 
     Department of Veterans Affairs may be obligated or expended 
     for any initiative of the Department relating to diversity, 
     equity, or inclusion.
                                 ______
                                 
  SA 1111. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 291, after line 22, add the following:

     SEC. 155. EXPEDITING COMPLETION OF THE UINTA BASIN RAILWAY.

       (a) Defined Term.--In this section, the term ``Uinta Basin 
     Railway'' means the Uinta Basin Railway project, as generally 
     described and approved in the Surface Transportation Board 
     Decision Docket No. FD 36284 (December 15, 2021).
       (b) Congressional Findings and Declaration.--Congress finds 
     and declares that--
       (1) the timely completion of construction and commencement 
     of the operation of the Uinta Basin Railway is required in 
     the national interest;
       (2) the Uinta Basin Railway will serve as a common carrier 
     railway infrastructure asset located within the borders of 
     the state of Utah;
       (3) the Uinta Basin Railway will provide needed 
     infrastructure to solve the long-standing freight 
     transportation challenges in the region by connecting 
     northeastern Utah to the existing national railway network;
       (4) this common carrier railway will move goods in a safe 
     and cost-effective way to support the economic stability, 
     sustainable communities, and enriched quality of life in the 
     region by providing rail service that is equally open to all 
     freight shippers of a broad range of goods, including oil, 
     gas, minerals, manufactured goods, and agricultural products;
       (5) this critical piece of infrastructure is an important 
     economic development project that will create jobs and 
     provide a higher quality of life to the local communities, 
     including the Ute Indian Tribe of the Uintah and Ouray 
     Reservation.
       (c) Approval and Ratification and Maintenance of Existing 
     Authorizations.--Notwithstanding any other provision of law--
       (1) Congress ratifies and approves all authorizations, 
     permits, verifications, extensions, biological opinions, 
     incidental take statements, and any other approvals or orders 
     issued pursuant to Federal law necessary for the construction 
     and initial operation at full capacity of the Uinta Basin 
     Railway; and
       (2) Congress directs the Surface Transportation Board, the 
     Secretary of the Army, the Secretary of Agriculture, the 
     Secretary of the Interior, and the heads of other Federal 
     agencies, as applicable, to maintain such authorizations, 
     permits, verifications, extensions, biological opinions, 
     incidental take statements, and any other approvals or orders 
     issued pursuant to Federal law necessary for the construction 
     and initial operation at full capacity of the Uinta Basin 
     Railway.
       (d) Expedited Approval.--Notwithstanding any other 
     provision of law, not later than 21 days after the date of 
     the enactment of this Act, the Surface Transportation Board, 
     for the purpose of facilitating the completion of the Uinta 
     Basin Railway, shall issue all permits or verifications that 
     are necessary--
       (1) to complete the construction of the Uinta Basin Railway 
     across the lands and waters of the State of Utah; and
       (2) to allow for the continuing operation and maintenance 
     of the Uinta Basin Railway.
       (e) Judicial Review.--
       (1) Limitation.--Notwithstanding any other provision of 
     law, no court shall have jurisdiction to review any action 
     taken by the Surface Transportation Board, the Secretary of 
     the Army, the Secretary of Agriculture, the Secretary of the 
     Interior, or a State administrative agency acting pursuant to 
     Federal law that grants an authorization, permit, 
     verification, biological opinion, incidental take statement, 
     or any other approval necessary for the construction and 
     initial operation at full capacity of the Uinta Basin 
     Railway, including the issuance of any authorization, permit, 
     extension, verification, biological opinion, incidental take 
     statement, or other approval described in subsection (c) or 
     (d) for the Uinta Basin Railway whether issued before, on, or 
     subsequent to the date of the enactment of this section, 
     including any lawsuit pending in any court as of the date of 
     enactment of this section.
       (2) Exclusive jurisdiction.--The Supreme Court of the 
     United States shall have exclusive jurisdiction over any 
     claim alleging--
       (A) the invalidity of this section; or
       (B) an action taken by a Federal or State official is 
     beyond the scope of authority conferred by this section.
       (f) Effect.--This section supersedes any other provision of 
     law (including any other section of this Act, any Federal law 
     enacted before the date of the enactment of this Act, and any 
     regulation, judicial decision, or agency guidance) that is 
     inconsistent with the issuance of any authorization, permit, 
     verification, biological opinion, incidental take statement, 
     or other approval for the Uinta Basin Railway.
                                 ______
                                 
  SA 1112. Mr. TESTER (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:
       Sec. __.  Section 8526(7) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7906(7)) is amended by 
     inserting ``, except that this paragraph shall not apply to 
     the use of funds under this Act for activities carried out 
     under programs authorized by this Act that are otherwise 
     permissible under such programs and that provide students 
     with educational enrichment activities and instruction, such 
     as archery, hunter safety education, outdoor education, or 
     culinary arts'' before the period at the end.
                                 ______
                                 
  SA 1113. Ms. HIRONO (for herself and Mr. Moran) submitted an 
amendment intended to be proposed to amendment SA 1092 submitted by 
Mrs. Murray (for herself and Ms. Collins) and intended to be proposed 
to the bill H.R. 4366, making appropriations for military construction, 
the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2024, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division B, insert the 
     following:
       Sec. __.  For an additional amount for ``Agricultural 
     Programs--National Institute of Food and Agriculture--
     Research and Education Activities'', for competitive grants 
     to assist in the facility construction, alteration, 
     acquisition, modernization, renovation, or remodeling of 
     agricultural research facilities, as authorized by the 
     Research Facilities Act (7 U.S.C. 390 et seq.), there is 
     hereby appropriated, and the amount otherwise provided by 
     this Act for ``Agricultural Programs--Processing, Research, 
     and Marketing--Office of the Secretary'' is hereby reduced 
     by, $2,000,000.
                                 ______
                                 
  SA 1114. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        In the appropriate place in division B, insert the 
     following:

     SEC. ___. THRIFTY FOOD PLAN COST ADJUSTMENTS FOR HAWAII 
                   DURING DISASTER DECLARATION.

       For the period during which the Presidential declaration of 
     a major disaster for the State of Hawaii is in effect, no 
     cost adjustments shall be made to the thrifty food plan (as 
     defined in section 3(u) of the Food and Nutrition Act of 2008 
     (7 U.S.C. 2012(u))) pursuant to paragraph (2) of that 
     section.
                                 ______
                                 
  SA 1115. Ms. STABENOW (for herself, Mr. Brown, Mr. Blumenthal, Mr. 
Booker, Mr. Durbin, Mrs. Feinstein, Mr. Fetterman, Mrs. Gillibrand, and 
Ms. Rosen) submitted an amendment intended to be proposed to amendment 
SA 1092 submitted by Mrs. Murray (for herself and Ms. Collins) and 
intended to be proposed to the bill H.R. 4366, making appropriations 
for military construction, the Department of Veterans Affairs, and 
related agencies for

[[Page S4401]]

the fiscal year ending September 30, 2024, and for other purposes; 
which was ordered to lie on the table; as follows:

        On page 120, line 15, strike ``2250a.'' and insert 
     ``2250a: Provided further, That of the total amount available 
     under this heading, $8,500,000 shall be for necessary 
     expenses to carry out the Urban Agriculture and Innovative 
     Production Program under section 222 of subtitle A of title 
     II of the Department of Agriculture Reorganization Act of 
     1994 (7 U.S.C. 6923), as amended by section 12302 of Public 
     Law 115-334.''.

                                 ______
                                 
  SA 1116. Mr. KELLY (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 1092 submitted by 
Mrs. Murray (for herself and Ms. Collins) and intended to be proposed 
to the bill H.R. 4366, making appropriations for military construction, 
the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2024, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of division A, add the following:

             TITLE V--COUNTING VETERANS' CANCER ACT OF 2023

     SEC. 501. SHORT TITLE.

       This Act may be cited as the ``Counting Veterans' Cancer 
     Act of 2023''.

     SEC. 502. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) According to 2017 data from National Program of Cancer 
     Registries of the Centers for Disease Control and Prevention, 
     approximately 26,500 cancer cases among veterans were not 
     reported to State cancer registries funded through such 
     Program.
       (2) Established by Congress in 1992 through the Cancer 
     Registries Amendment Act (Public Law 102-515), the National 
     Program of Cancer Registries under section 399B of the Public 
     Health Service Act (42 U.S.C. 280e) collects data on cancer 
     occurrence (including the type, extent, and location of the 
     cancer), the type of initial treatment, and outcomes.
       (3) The Centers for Disease Control and Prevention support 
     central cancer registries in 46 States, the District of 
     Columbia, Puerto Rico, certain territories of the United 
     States in the Pacific Islands, and the United States Virgin 
     Islands.
       (4) The data obtained by registries described in paragraph 
     (3) combined with data from the Surveillance, Epidemiology, 
     and End Results Program of the National Cancer Institute and 
     mortality data from National Center for Health Statistics of 
     the Centers for Disease Control and Prevention comprise the 
     official United States Cancer Statistics.
       (5) The United States Cancer Statistics reflect all newly 
     diagnosed cancer cases and cancer deaths for the entire 
     population of the United States, except for unreported 
     veterans.
       (6) Federal law requires the Centers for Disease Control 
     and Prevention and the National Cancer Institute to collect 
     cancer data for all newly diagnosed cancer cases, but that 
     currently cannot be achieved due to frequent lack of 
     reporting by medical facilities of the Department of Veterans 
     Affairs.
       (7) Releasing all data from medical facilities of the 
     Department to State cancer registries will provide more 
     complete data for health care providers, public health 
     officials, and researchers to--
       (A) measure cancer occurrence and trends at the local and 
     national level;
       (B) inform and prioritize cancer educational and screening 
     programs;
       (C) evaluate efficacy of prevention efforts and treatment;
       (D) determine survival rates;
       (E) conduct research on the etiology, diagnosis, and 
     treatment of cancer;
       (F) ensure quality and equity in cancer care; and
       (G) plan for health services.
       (8) Capturing cancer data from medical facilities of the 
     Department in State cancer registries and the United States 
     Cancer Statistics can benefit veterans by--
       (A) improving the ability to identify cancer-related 
     disparities in the veteran community;
       (B) improving understanding of the cancer-related needs of 
     veterans, which can be incorporated into State Comprehensive 
     Cancer Control planning for screening and treatment programs 
     funded by the Centers for Disease Control and Prevention; and
       (C) increasing opportunities for veterans with cancer to be 
     included in more clinical trials and cancer-related research 
     and analysis being done outside of the health care system of 
     the Department.
       (b) Purpose.--It is the purpose of this Act to improve care 
     for veterans by ensuring all data on veterans diagnosed with 
     cancer are captured by the national cancer registry programs 
     supported by the National Program of Cancer Registries of the 
     Centers for Disease Control and Prevention and the 
     Surveillance, Epidemiology, and End Results Program of the 
     National Cancer Institute.

     SEC. 503. REQUIREMENT THAT DEPARTMENT OF VETERANS AFFAIRS 
                   SHARE DATA WITH STATE CANCER REGISTRIES.

       (a) Sharing of Data With State Cancer Registries.--
       (1) In general.--Subchapter II of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7330E. Sharing of data with State cancer registries

       ``(a) Sharing by the Department.--
       ``(1) In general.--The Secretary shall share with the State 
     cancer registry of each State, if such a registry exists, 
     qualifying data for all individuals who are residents of the 
     State and have received health care under the laws 
     administered by the Secretary.
       ``(2) Requirements relating to data shared.--In sharing 
     data under paragraph (1) with a State cancer registry, the 
     Secretary shall comply with the requirements for non-
     Department facilities to report data, in a manner that is as 
     complete and timely as possible, without requiring a data use 
     agreement in place between the Department and each State 
     cancer registry--
       ``(A) to State cancer registries that are supported by the 
     National Program of Cancer Registries of the Centers for 
     Disease Control and Prevention under section 399B of the 
     Public Health Service Act (42 U.S.C. 280e);
       ``(B) to State cancer registries that are supported by the 
     Surveillance Epidemiology and End Results Program of the 
     National Cancer Institute authorized under the National 
     Cancer Act of 1971 (Public Law 92-218); and
       ``(C) to State cancer registries as set forth in relevant 
     State laws and regulations that authorize a cancer registry.
       ``(b) Qualifying Data Defined.--In this section, the term 
     `qualifying data', with respect to a State cancer registry, 
     means all data required to be provided to the registry 
     pursuant to the authorities specified in subparagraphs (A) 
     through (C) of subsection (a)(2).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of such chapter is amended by 
     inserting after the item relating to section 7330D the 
     following new item:

``7330E. Sharing of data with State cancer registries.''.
       (b) Sharing by State Cancer Registries.--The Director of 
     the Centers for Disease Control and Prevention shall assist 
     State cancer registries described in subparagraphs (A) and 
     (B) of section 7330E(a)(2) of title 38, United States Code, 
     as added by subsection (a)(1), in facilitating, to the extent 
     allowed under State laws regulating the cancer registry 
     program, the sharing with the Secretary of Veterans Affairs 
     of data in the possession of each such registry regarding 
     diagnosis of cancer for each veteran--
       (1) enrolled in the system of annual patient enrollment 
     established and operated under section 1705(a) of such title; 
     or
       (2) registered to receive care from the Department of 
     Veterans Affairs under section 17.37 of title 38, Code of 
     Federal Regulations, or successor regulations.
                                 ______
                                 
  SA 1117. Ms. ROSEN submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. __. TELEHEALTH CAPACITY OF VETERANS HEALTH 
                   ADMINISTRATION.

       Of the amounts made available to the Department of Veterans 
     Affairs for fiscal year 2024 by this Act or any other Act 
     under the ``Veterans Health Administration - Medical 
     Services'', ``Veterans Health Administration - Medical 
     Community Care'', and ``Veterans Health Administration - 
     Medical Support and Compliance'' accounts, $5,180,336,000 
     shall be made available to sustain and increase telehealth 
     capacity, including in rural and highly rural areas, and 
     associated programmatic efforts.
                                 ______
                                 
  SA 1118. Ms. SMITH (for herself and Mr. Ricketts) submitted an 
amendment intended to be proposed to amendment SA 1092 submitted by 
Mrs. Murray (for herself and Ms. Collins) and intended to be proposed 
to the bill H.R. 4366, making appropriations for military construction, 
the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2024, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division B, insert the 
     following:
       Sec. ___. (a) It is the sense of Congress that--
       (1) Congress is concerned about staffing challenges faced 
     by the Farm Service Agency and the Natural Resources 
     Conservation Service at the county level; and
       (2) Congress supports the Farm Service Agency and the 
     Natural Resources Conservation Service in quickly filling 
     hiring gaps, improving retention, and bringing pay for staff 
     to competitive standards to improve public-facing customer 
     service, particularly in rural areas.
       (b) Not later than 90 days after the date of enactment of 
     this Act, the Secretary of Agriculture shall submit to 
     Congress a report describing a plan for improving staffing at 
     the

[[Page S4402]]

     Farm Service Agency and the Natural Resources Conservation 
     Service at the county level, including recommendations for 
     actions that Congress may take.
                                 ______
                                 
  SA 1119. Mr. HEINRICH (for himself and Mr. Lujan) submitted an 
amendment intended to be proposed to amendment SA 1092 submitted by 
Mrs. Murray (for herself and Ms. Collins) and intended to be proposed 
to the bill H.R. 4366, making appropriations for military construction, 
the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2024, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

  DIVISION D--RIO SAN JOSE AND RIO JEMEZ WATER SETTLEMENTS ACT OF 2023

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Rio San Jose and Rio 
     Jemez Water Settlements Act of 2023''.

      TITLE I--PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS SETTLEMENT

     SEC. 111. PURPOSES.

       The purposes of this title are--
       (1) to achieve a fair, equitable, and final settlement of 
     all issues and controversies concerning claims to water 
     rights in the general stream adjudication of the Rio San Jose 
     Stream System captioned ``State of New Mexico, ex rel. State 
     Engineer v. Kerr-McGee, et al.'', No. D-1333-CV-1983-00190 
     and No. D-1333-CV1983-00220 (consolidated), pending in the 
     Thirteenth Judicial District Court for the State of New 
     Mexico, for--
       (A) the Pueblo of Acoma;
       (B) the Pueblo of Laguna; and
       (C) the United States, acting as trustee for the Pueblos of 
     Acoma and Laguna;
       (2) to authorize, ratify, and confirm the agreement entered 
     into by the Pueblos, the State, and various other parties to 
     the Agreement, to the extent that the Agreement is consistent 
     with this title;
       (3) to authorize and direct the Secretary--
       (A) to execute the Agreement; and
       (B) to take any other actions necessary to carry out the 
     Agreement in accordance with this title; and
       (4) to authorize funds necessary for the implementation of 
     the Agreement and this title.

     SEC. 112. DEFINITIONS.

       In this title:
       (1) Acequia.--The term ``Acequia'' means each of the 
     Bluewater Toltec Irrigation District, La Acequia Madre del 
     Ojo del Gallo, Moquino Water Users Association II, Murray 
     Acres Irrigation Association, San Mateo Irrigation 
     Association, Seboyeta Community Irrigation Association, 
     Cubero Acequia Association, Cebolletita Acequia Association, 
     and Community Ditch of San Jose de la Cienega.
       (2) Adjudication.--The term ``Adjudication'' means the 
     general adjudication of water rights entitled ``State of New 
     Mexico, ex rel. State Engineer v. Kerr-McGee, et al.'', No. 
     D-1333-CV-1983-00190 and No. D-1333-CV1983-00220 
     (consolidated) pending, as of the date of enactment of this 
     Act, in the Decree Court.
       (3) Agreement.--The term ``Agreement'' means--
       (A) the document entitled ``Rio San Jose Stream System 
     Water Rights Local Settlement Agreement Among the Pueblo of 
     Acoma, the Pueblo of Laguna, the Navajo Nation, the State of 
     New Mexico, the City of Grants, the Village of Milan, the 
     Association of Community Ditches of the Rio San Jose and Nine 
     Individual Acequias and Community Ditches'' and dated May 13, 
     2022, and the attachments thereto; and
       (B) any amendment to the document referred to in 
     subparagraph (A) (including an amendment to an attachment 
     thereto) that is executed to ensure that the Agreement is 
     consistent with this title.
       (4) Allotment.--The term ``Allotment'' means a parcel of 
     land that is--
       (A) located within--
       (i) the Rio Puerco Basin;
       (ii) the Rio San Jose Stream System; or
       (iii) the Rio Salado Basin; and
       (B) held in trust by the United States for the benefit of 1 
     or more individual Indians.
       (5) Allottee.--The term ``Allottee'' means an individual 
     with a beneficial interest in an Allotment.
       (6) Decree court.--The term ``Decree Court'' means the 
     Thirteenth Judicial District Court of the State of New 
     Mexico.
       (7) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 117.
       (8) Partial final judgment and decree.--The term ``Partial 
     Final Judgment and Decree'' means a final or interlocutory 
     partial final judgment and decree entered by the Decree Court 
     with respect to the water rights of the Pueblos--
       (A) that is substantially in the form described in article 
     14.7.2 of the Agreement, as amended to ensure consistency 
     with this title; and
       (B) from which no further appeal may be taken.
       (9) Pueblo.--The term ``Pueblo'' means either of--
       (A) the Pueblo of Acoma; or
       (B) the Pueblo of Laguna.
       (10) Pueblo land.--
       (A) In general.--The term ``Pueblo Land'' means any real 
     property--
       (i) in the Rio San Jose Stream System that is held by the 
     United States in trust for either Pueblo, or owned by either 
     Pueblo, as of the Enforceability Date;
       (ii) in the Rio Salado Basin that is held by the United 
     States in trust for the Pueblo of Acoma, or owned by the 
     Pueblo of Acoma, as of the Enforceability Date; or
       (iii) in the Rio Puerco Basin that is held by the United 
     States in trust for the Pueblo of Laguna, or owned by the 
     Pueblo of Laguna, as of the Enforceability Date.
       (B) Inclusions.--The term ``Pueblo Land'' includes land 
     placed in trust with the United States subsequent to the 
     Enforceability Date for either Pueblo in the Rio San Jose 
     Stream System, for the Pueblo of Acoma in the Rio Salado 
     Basin, or for the Pueblo of Laguna in the Rio Puerco Basin.
       (11) Pueblo trust fund.--The term ``Pueblo Trust Fund'' 
     means--
       (A) the Pueblo of Acoma Settlement Trust Fund established 
     by section 115(a);
       (B) the Pueblo of Laguna Settlement Trust Fund established 
     by that section; and
       (C) the Acomita Reservoir Works Trust Fund established by 
     that section.
       (12) Pueblo water rights.--The term ``Pueblo Water Rights'' 
     means--
       (A) the respective water rights of the Pueblos in the Rio 
     San Jose Stream System--
       (i) as identified in the Agreement and section 114; and
       (ii) as confirmed in the Partial Final Judgment and Decree;
       (B) the water rights of the Pueblo of Acoma in the Rio 
     Salado Basin; and
       (C) the water rights of the Pueblo of Laguna in the Rio 
     Puerco Basin, as identified in the Agreement and section 114.
       (13) Pueblos.--The term ``Pueblos'' means--
       (A) the Pueblo of Acoma; and
       (B) the Pueblo of Laguna.
       (14) Rio puerco basin.--The term ``Rio Puerco Basin'' means 
     the area defined by the United States Geological Survey 
     Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin) 
     and 13020205 (Arroyo Chico subbasin), including the 
     hydrologically connected groundwater.
       (15) Rio san jose stream system.--The term ``Rio San Jose 
     Stream System'' means the geographic extent of the area 
     involved in the Adjudication pursuant to the description 
     filed in the Decree Court on November 21, 1986.
       (16) Rio salado basin.--The term ``Rio Salado Basin'' means 
     the area defined by the United States Geological Survey 
     Hydrologic Unit Code (HUC) 13020209 (Rio Salado subbasin), 
     including the hydrologically connected groundwater.
       (17) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (18) Signatory acequia.--The term ``Signatory Acequia'' 
     means an acequia that is a signatory to the Agreement.
       (19) State.--The term ``State'' means the State of New 
     Mexico and all officers, agents, departments, and political 
     subdivisions of the State of New Mexico.

     SEC. 113. RATIFICATION OF AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this title and to 
     the extent the Agreement does not conflict with this title, 
     the Agreement is authorized, ratified, and confirmed.
       (2) Amendments.--If an amendment to the Agreement or any 
     attachment to the Agreement requiring the signature of the 
     Secretary is executed in accordance with this title to make 
     the Agreement consistent with this title, the amendment is 
     authorized, ratified, and confirmed.
       (b) Execution.--
       (1) In general.--To the extent the Agreement does not 
     conflict with this title, the Secretary shall execute the 
     Agreement, including all attachments to or parts of the 
     Agreement requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this title prohibits the 
     Secretary, after execution of the Agreement, from approving 
     any modification to the Agreement, including an attachment to 
     the Agreement, that is consistent with this title, to the 
     extent that the modification does not otherwise require 
     congressional approval under section 2116 of the Revised 
     Statutes (25 U.S.C. 177) or any other applicable provision of 
     Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Agreement and this 
     title, the Secretary shall comply with--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) all other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the Agreement and this 
     title, the Pueblos shall prepare any necessary environmental 
     documents consistent with--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation required under 
     subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.

[[Page S4403]]

       (3) Effect of execution.--The execution of the Agreement by 
     the Secretary under this section shall not constitute a major 
     Federal action under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (4) Costs.--Any costs associated with the performance of 
     the compliance activities under subsection (c) shall be paid 
     from funds deposited in the Pueblo Trust Funds, subject to 
     the condition that any costs associated with the performance 
     of Federal approval or other review of such compliance work 
     or costs associated with inherently Federal functions shall 
     remain the responsibility of the Secretary.

     SEC. 114. PUEBLO WATER RIGHTS.

       (a) Trust Status of the Pueblo Water Rights.--The Pueblo 
     Water Rights shall be held in trust by the United States on 
     behalf of the Pueblos in accordance with the Agreement and 
     this title.
       (b) Forfeiture and Abandonment.--
       (1) In general.--The Pueblo Water Rights shall not be 
     subject to loss through non-use, forfeiture, abandonment, or 
     other operation of law.
       (2) State-law based water rights.--Pursuant to the 
     Agreement, State-law based water rights acquired by a Pueblo, 
     or by the United States on behalf of a Pueblo, after the date 
     for inclusion in the Partial Final Judgment and Decree, shall 
     not be subject to forfeiture, abandonment, or permanent 
     alienation from the time they are acquired.
       (c) Use.--Any use of the Pueblo Water Rights shall be 
     subject to the terms and conditions of the Agreement and this 
     title.
       (d) Allotment Rights Not Included.--The Pueblo Water Rights 
     shall not include any water uses or water rights claims on an 
     Allotment.
       (e) Authority of the Pueblos.--
       (1) In general.--The Pueblos shall have the authority to 
     allocate, distribute, and lease the Pueblo Water Rights for 
     use on Pueblo Land in accordance with the Agreement, this 
     title, and applicable Federal law.
       (2) Use off pueblo land.--The Pueblos may allocate, 
     distribute, and lease the Pueblo Water Rights for use off 
     Pueblo Land in accordance with the Agreement, this title, and 
     applicable Federal law, subject to the approval of the 
     Secretary.
       (3) Allottee water rights.--The Pueblos shall not object in 
     any general stream adjudication, including the Adjudication, 
     or any other appropriate forum, to the quantification of 
     reasonable domestic, stock, and irrigation water uses on an 
     Allotment, and shall administer any water use in accordance 
     with applicable Federal law, including recognition of--
       (A) any water use existing on an Allotment as of the date 
     of enactment of this Act;
       (B) reasonable domestic, stock, and irrigation water uses 
     on an Allotment; and
       (C) any Allotment water right decreed in a general stream 
     adjudication, including the Adjudication, or other 
     appropriate forum, for an Allotment.
       (f) Administration.--
       (1) No alienation.--The Pueblos shall not permanently 
     alienate any portion of the Pueblo Water Rights.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this title for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this title shall be considered to satisfy any 
     requirement for authorization of the action required by 
     Federal law.
       (3) Prohibition on forfeiture.--The non-use of all or any 
     portion of the Pueblo Water Rights by any water user shall 
     not result in the forfeiture, abandonment, relinquishment, or 
     other loss of all or any portion of the Pueblo Water Rights.

     SEC. 115. SETTLEMENT TRUST FUNDS.

       (a) Establishment.--The Secretary shall establish 2 trust 
     funds, to be known as the ``Pueblo of Acoma Settlement Trust 
     Fund'' and the ``Pueblo of Laguna Settlement Trust Fund'', 
     and a trust fund for the benefit of both Pueblos to be known 
     as the ``Acomita Reservoir Works Trust Fund'', to be managed, 
     invested, and distributed by the Secretary and to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury, consisting of the amounts 
     deposited in the Pueblo Trust Funds under subsection (c), 
     together with any investment earnings, including interest, 
     earned on those amounts, for the purpose of carrying out this 
     title.
       (b) Accounts.--
       (1) Pueblo of acoma settlement trust fund.--The Secretary 
     shall establish in the Pueblo of Acoma Settlement Trust Fund 
     the following accounts:
       (A) The Water Rights Settlement Account.
       (B) The Water Infrastructure Operations and Maintenance 
     Account.
       (C) The Feasibility Studies Settlement Account.
       (2) Pueblo of laguna settlement trust fund.--The Secretary 
     shall establish in the Pueblo of Laguna Settlement Trust Fund 
     the following accounts:
       (A) The Water Rights Settlement Account.
       (B) The Water Infrastructure Operations and Maintenance 
     Account.
       (C) The Feasibility Studies Settlement Account.
       (c) Deposits.--The Secretary shall deposit in each Pueblo 
     Trust Fund the amounts made available pursuant to section 
     116(a).
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of funds into the 
     Pueblo Trust Funds under subsection (c), the Secretary shall 
     manage, invest, and distribute all amounts in the Pueblo 
     Trust Funds in a manner that is consistent with the 
     investment authority of the Secretary under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this subsection.
       (2) Investment earnings.--In addition to the deposits made 
     to each Pueblo Trust Fund under subsection (c), any 
     investment earnings, including interest, earned on those 
     amounts held in each Pueblo Trust Fund are authorized to be 
     used in accordance with subsections (f) and (h).
       (e) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     each Pueblo Trust Fund, including any investment earnings 
     (including interest) earned on those amounts, shall be made 
     available to the Pueblo or Pueblos by the Secretary beginning 
     on the Enforceability Date, subject to the requirements of 
     this section, except for those funds to be made available to 
     the Pueblos pursuant to paragraph (2).
       (2) Use of funds.--Notwithstanding paragraph (1)--
       (A) amounts deposited in the Feasibility Studies Settlement 
     Account of each Pueblo Trust Fund, including any investment 
     earnings, including interest, earned on those amounts shall 
     be available to the Pueblo on the date on which the amounts 
     are deposited for uses described in subsection (h)(3), and in 
     accordance with the Agreement;
       (B) amounts deposited in the Acomita Reservoir Works Trust 
     Fund, including any investment earnings, including interest, 
     earned on those amounts shall be available to the Pueblos on 
     the date on which the amounts are deposited for uses 
     described in subsection (h)(4), and in accordance with the 
     Agreement; and
       (C) up to $15,000,000 from the Water Rights Settlement 
     Account for each Pueblo shall be available on the date on 
     which the amounts are deposited for installing, on Pueblo 
     Lands, groundwater wells to meet immediate domestic, 
     commercial, municipal and industrial water needs, and 
     associated environmental, cultural, and historical 
     compliance.
       (f) Withdrawals.--
       (1) Withdrawals under the american indian trust fund 
     management reform act of 1994.--
       (A) In general.--Each Pueblo may withdraw any portion of 
     the amounts in its respective Settlement Trust Fund on 
     approval by the Secretary of a Tribal management plan 
     submitted by each Pueblo in accordance with the American 
     Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
     4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this paragraph shall require that the appropriate Pueblo 
     shall spend all amounts withdrawn from each Pueblo Trust 
     Fund, and any investment earnings (including interest) earned 
     on those amounts through the investments under the Tribal 
     management plan, in accordance with this title.
       (C) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce the Tribal management plan under this 
     paragraph to ensure that amounts withdrawn by each Pueblo 
     from the Pueblo Trust Funds under subparagraph (A) are used 
     in accordance with this title.
       (2) Withdrawals under expenditure plan.--
       (A) In general.--Each Pueblo may submit to the Secretary a 
     request to withdraw funds from the Pueblo Trust Fund of the 
     Pueblo pursuant to an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw amounts under 
     an expenditure plan under subparagraph (A), the appropriate 
     Pueblo shall submit to the Secretary an expenditure plan for 
     any portion of the Pueblo Trust Fund that the Pueblo elects 
     to withdraw pursuant to that subparagraph, subject to the 
     condition that the amounts shall be used for the purposes 
     described in this title.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Pueblo 
     Trust Fund will be used by the Pueblo, in accordance with 
     this subsection and subsection (h).
       (D) Approval.--The Secretary shall approve an expenditure 
     plan submitted under subparagraph (A) if the Secretary 
     determines that the plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this title.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan to ensure that 
     amounts disbursed under this paragraph are used in accordance 
     with this title.
       (3) Withdrawals from acomita reservoir works trust fund.--
       (A) In general.--A Pueblo may submit to the Secretary a 
     request to withdraw funds from the Acomita Reservoir Works 
     Trust Fund pursuant to an approved joint expenditure plan.
       (B) Requirements.--
       (i) In general.--To be eligible to withdraw amounts under a 
     joint expenditure plan under subparagraph (A), the Pueblos 
     shall submit to the Secretary a joint expenditure

[[Page S4404]]

     plan for any portion of the Acomita Reservoir Works Trust 
     Fund that the Pueblos elect to withdraw pursuant to this 
     subparagraph, subject to the condition that the amounts shall 
     be used for the purposes described in subsection (h)(4).
       (ii) Written resolution.--Each request to withdraw amounts 
     under a joint expenditure plan submitted under clause (i) 
     shall be accompanied by a written resolution from the Tribal 
     councils of both Pueblos approving the requested use and 
     disbursement of funds.
       (C) Inclusions.--A joint expenditure plan under this 
     paragraph shall include a description of the manner and 
     purpose for which the amounts proposed to be withdrawn from 
     the Acomita Reservoir Works Trust Fund will be used by the 
     Pueblo or Pueblos to whom the funds will be disbursed, in 
     accordance with subsection (h)(4).
       (D) Approval.--The Secretary shall approve a joint 
     expenditure plan submitted under subparagraph (A) if the 
     Secretary determines that the plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this title.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce a joint expenditure plan to ensure that 
     amounts disbursed under this paragraph are used in accordance 
     with this title.
       (g) Effect of Section.--Nothing in this section gives the 
     Pueblos the right to judicial review of a determination of 
     the Secretary relating to whether to approve a Tribal 
     management plan under paragraph (1) of subsection (f) or an 
     expenditure plan under paragraph (2) or (3) of that 
     subsection, except under subchapter II of chapter 5, of title 
     5, United States Code, and chapter 7 of title 5, United 
     States Code (commonly known as the ``Administrative Procedure 
     Act'').
       (h) Uses.--
       (1) Water rights settlement account.--The Water Rights 
     Settlement Account for each Pueblo may only be used for the 
     following purposes:
       (A) Acquiring water rights or water supply.
       (B) Planning, permitting, designing, engineering, 
     constructing, reconstructing, replacing, rehabilitating, 
     operating, or repairing water production, treatment, or 
     delivery infrastructure, including for domestic and municipal 
     use, on-farm improvements, or wastewater infrastructure.
       (C) Pueblo Water Rights management and administration.
       (D) Watershed protection and enhancement, support of 
     agriculture, water-related Pueblo community welfare and 
     economic development, and costs relating to implementation of 
     the Agreement.
       (E) Environmental compliance in the development and 
     construction of infrastructure under this title.
       (2) Water infrastructure operations and maintenance trust 
     account.--The Water Infrastructure Operations and Maintenance 
     Account for each Pueblo may only be used to pay costs for 
     operation and maintenance of water infrastructure to serve 
     Pueblo domestic, commercial, municipal, and industrial water 
     uses from any water source.
       (3) Feasibility studies settlement account.--The 
     Feasibility Studies Settlement Account for each Pueblo may 
     only be used to pay costs for feasibility studies of water 
     supply infrastructure to serve Pueblo domestic, commercial, 
     municipal, and industrial water uses from any water source.
       (4) Acomita reservoir works trust fund.--The Acomita 
     Reservoir Works Trust Fund may only be used for planning, 
     permitting, designing, engineering, constructing, 
     reconstructing, replacing, rehabilitating, maintaining, or 
     repairing Acomita reservoir, its dam, inlet works, outlet 
     works, and the North Acomita Ditch from the Acomita Reservoir 
     outlet on the Pueblo of Acoma through its terminus on the 
     Pueblo of Laguna.
       (i) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Pueblo Trust 
     Funds by a Pueblo under paragraph (1), (2), or (3) of 
     subsection (f).
       (j) Expenditure Reports.--Each Pueblo shall annually submit 
     to the Secretary an expenditure report describing 
     accomplishments and amounts spent from use of withdrawals 
     under a Tribal management plan or an expenditure plan under 
     paragraph (1), (2), or (3) of subsection (f), as applicable.
       (k) No Per Capita Distributions.--No portion of the Pueblo 
     Trust Funds shall be distributed on a per capita basis to any 
     member of a Pueblo.
       (l) Title to Infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the 
     Pueblo Trust Funds shall remain in the appropriate Pueblo or 
     Pueblos.
       (m) Operation, Maintenance, and Replacement.--All 
     operation, maintenance, and replacement costs of any project 
     constructed using funds from the Pueblo Trust Funds shall be 
     the responsibility of the appropriate Pueblo or Pueblos.

     SEC. 116. FUNDING.

       (a) Mandatory Appropriations.--Out of any money in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary the following 
     amounts for the following accounts:
       (1) Pueblo of acoma settlement trust fund.--
       (A) The water rights settlement account.--$296,000,000, to 
     remain available until expended, withdrawn, or reverted to 
     the general fund of the Treasury.
       (B) The water infrastructure operations and maintenance 
     account.--$14,000,000, to remain available until expended, 
     withdrawn, or reverted to the general fund of the Treasury.
       (C) The feasibility studies settlement account.--
     $1,750,000, to remain available until expended, withdrawn, or 
     reverted to the general fund of the Treasury.
       (2) Pueblo of laguna settlement trust fund.--
       (A) The water rights settlement account.--$464,000,000, to 
     remain available until expended, withdrawn, or reverted to 
     the general fund of the Treasury.
       (B) The water infrastructure operations and maintenance 
     account.--$26,000,000, to remain available until expended, 
     withdrawn, or reverted to the general fund of the Treasury.
       (C) The feasibility studies settlement account.--
     $3,250,000, to remain available until expended, withdrawn, or 
     reverted to the general fund of the Treasury.
       (3) Acomita reservoir works trust fund.--$45,000,000, to 
     remain available until expended, withdrawn, or reverted to 
     the general fund of the Treasury.
       (b) Fluctuations in Costs.--
       (1) In general.--The amounts appropriated under subsection 
     (a) shall be increased or decreased, as appropriate, by such 
     amounts as may be justified by reason of ordinary 
     fluctuations in costs, as indicated by the Bureau of 
     Reclamation Construction Cost Index-Composite Trend.
       (2) Construction costs adjustment.--The amounts 
     appropriated under subsection (a) shall be adjusted to 
     address construction cost changes necessary to account for 
     unforeseen market volatility that may not otherwise be 
     captured by engineering cost indices, as determined by the 
     Secretary, including repricing applicable to the types of 
     construction and current industry standards involved.
       (3) Repetition.--The adjustment process under this 
     subsection shall be repeated for each subsequent amount 
     appropriated until the applicable amount, as adjusted, has 
     been appropriated.
       (4) Period of indexing.--The period of indexing and 
     adjustment under this subsection for any increment of funding 
     shall start on October 1, 2021, and shall end on the date on 
     which funds are deposited in the applicable Pueblo Trust 
     Fund.
       (c) State Cost Share.--Pursuant to the Agreement, the State 
     shall contribute--
       (1) $23,500,000, as adjusted for inflation pursuant to the 
     Agreement, for the Joint Grants-Milan Project for Water Re-
     Use, Water Conservation and Augmentation of the Rio San Jose, 
     the Village of Milan Projects Fund, and the City of Grants 
     Projects Fund;
       (2) $12,000,000, as adjusted for the inflation pursuant to 
     the Agreement, for Signatory Acequias Projects and Offset 
     Projects Fund for the Association of Community Ditches of the 
     Rio San Jose; and
       (3) $500,000, as adjusted for inflation pursuant to the 
     Agreement, to mitigate impairment to non-Pueblo domestic and 
     livestock groundwater rights as a result of new Pueblo water 
     use.

     SEC. 117. ENFORCEABILITY DATE.

       The Enforceability Date shall be the date on which the 
     Secretary publishes in the Federal Register a statement of 
     findings that--
       (1) to the extent that the Agreement conflicts with this 
     title, the Agreement has been amended to conform with this 
     title;
       (2) the Agreement, as amended, has been executed by all 
     parties to the Agreement, including the United States;
       (3) all of the amounts appropriated under section 116 have 
     been appropriated and deposited in the designated accounts of 
     the Pueblo Trust Fund;
       (4) the State has--
       (A) provided the funding under section 116(c)(3) into 
     appropriate funding accounts;
       (B) provided the funding under paragraphs (1) and (2) of 
     section 116(c) into appropriate funding accounts or entered 
     into funding agreements with the intended beneficiaries for 
     funding under those paragraphs of that section; and
       (C) enacted legislation to amend State law to provide that 
     a Pueblo Water Right may be leased for a term not to exceed 
     99 years, including renewals;
       (5) the Decree Court has approved the Agreement and has 
     entered a Partial Final Judgment and Decree; and
       (6) the waivers and releases under section 118 have been 
     executed by the Pueblos and the Secretary.

     SEC. 118. WAIVERS AND RELEASES OF CLAIMS.

       (a) Waivers and Releases of Claims by Pueblos and the 
     United States as Trustee for Pueblos.--Subject to the 
     reservation of rights and retention of claims under 
     subsection (d), as consideration for recognition of the 
     Pueblo Water Rights and other benefits described in the 
     Agreement and this title, the Pueblos and the United States, 
     acting as trustee for the Pueblos, shall execute a waiver and 
     release of all claims for--
       (1) water rights within the Rio San Jose Stream System that 
     the Pueblos, or the United States acting as trustee for the 
     Pueblos, asserted or could have asserted in any proceeding, 
     including the Adjudication, on or before the Enforceability 
     Date, except to the extent that such rights are recognized in 
     the Agreement and this title; and

[[Page S4405]]

       (2) damages, losses, or injuries to water rights or claims 
     of interference with, diversion of, or taking of water rights 
     (including claims for injury to land resulting from such 
     damages, losses, injuries, interference with, diversion, or 
     taking of water rights) in waters in the Rio San Jose Stream 
     System against any party to the Agreement, including the 
     members and parciantes of Signatory Acequias, that accrued at 
     any time up to and including the Enforceability Date.
       (b) Waivers and Releases of Claims by Pueblos Against 
     United States.--Subject to the reservation of rights and 
     retention of claims under subsection (d), the Pueblos shall 
     execute a waiver and release of all claims against the United 
     States (including any agency or employee of the United 
     States) first arising before the Enforceability Date relating 
     to--
       (1) water rights within the Rio San Jose Stream System that 
     the United States, acting as trustee for the Pueblos, 
     asserted or could have asserted in any proceeding, including 
     the Adjudication, except to the extent that such rights are 
     recognized as part of the Pueblo Water Rights under this 
     title;
       (2) foregone benefits from non-Pueblo use of water, on and 
     off Pueblo Land (including water from all sources and for all 
     uses), within the Rio San Jose Stream System;
       (3) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights 
     (including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion of, 
     or taking of water, or claims relating to a failure to 
     protect, acquire, replace, or develop water, water rights, or 
     water infrastructure) within the Rio San Jose Stream System;
       (4) a failure to provide operation, maintenance, or 
     deferred maintenance for any irrigation system or irrigation 
     project within the Rio San Jose Stream System;
       (5) a failure to establish or provide a municipal, rural, 
     or industrial water delivery system on Pueblo Land within the 
     Rio San Jose Stream System;
       (6) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of irrigation projects on Pueblo Land (including 
     damages, losses, or injuries to fish habitat, wildlife, and 
     wildlife habitat) within the Rio San Jose Stream System;
       (7) a failure to provide a dam safety improvement to a dam 
     on Pueblo Land within the Rio San Jose Stream System;
       (8) the litigation of claims relating to any water right of 
     the Pueblos within the Rio San Jose Stream System; and
       (9) the negotiation, execution, or adoption of the 
     Agreement (including attachments) and this title.
       (c) Effective Date.--The waivers and releases described in 
     subsections (a) and (b) shall take effect on the 
     Enforceability Date.
       (d) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsections 
     (a) and (b), the Pueblos and the United States, acting as 
     trustee for the Pueblos, shall retain all claims relating 
     to--
       (1) the enforcement of, or claims accruing after the 
     Enforceability Date relating to, water rights recognized 
     under the Agreement, this title, or the Partial Final 
     Judgment and Decree entered in the Adjudication;
       (2) activities affecting the quality of water and the 
     environment, including claims under--
       (A) the Comprehensive Environmental Response, Compensation 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including 
     claims for damages to natural resources;
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act''); 
     and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (3) the right to use and protect water rights acquired 
     after the date of enactment of this Act;
       (4) damage, loss, or injury to land or natural resources 
     that is not due to loss of water or water rights, including 
     hunting, fishing, gathering, or cultural rights;
       (5) all claims for water rights, and claims for injury to 
     water rights, in basins other than the Rio San Jose Stream 
     System, subject to article 8.5 of the Agreement with respect 
     to the claims of the Pueblo of Laguna for water rights in the 
     Rio Puerco Basin and the claims of the Pueblo of Acoma for 
     water rights in the Rio Salado Basin;
       (6) all claims relating to the Jackpile-Paguate Uranium 
     Mine in the State that are not due to loss of water or water 
     rights; and
       (7) all rights, remedies, privileges, immunities, powers, 
     and claims not specifically waived and released pursuant to 
     this title or the Agreement.
       (e) Effect of Agreement and Title.--Nothing in the 
     Agreement or this title--
       (1) reduces or extends the sovereignty (including civil and 
     criminal jurisdiction) of any government entity, except as 
     provided in section 120;
       (2) affects the ability of the United States, as a 
     sovereign, to carry out any activity authorized by law, 
     including--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act'');
       (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
     and
       (E) any regulations implementing the Acts described in 
     subparagraphs (A) through (D);
       (3) affects the ability of the United States to act as 
     trustee for the Pueblos (consistent with this title), any 
     other pueblo or Indian Tribe, or an Allottee of any Indian 
     Tribe;
       (4) confers jurisdiction on any State court--
       (A) to interpret Federal law relating to health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party under Federal law regarding health, safety, or 
     the environment; or
       (C) to conduct judicial review of any Federal agency 
     action; or
       (5) waives any claim of a member of a Pueblo in an 
     individual capacity that does not derive from a right of the 
     Pueblos.
       (f) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the 
     Enforceability Date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (3) Limitation.--Nothing in this section precludes the 
     tolling of any period of limitation or any time-based 
     equitable defense under any other applicable law.
       (g) Expiration.--
       (1) In general.--This title shall expire in any case in 
     which the Secretary fails to publish a statement of findings 
     under section 117 by not later than--
       (A) July 1, 2030; or
       (B) such alternative later date as is agreed to by the 
     Pueblos and the Secretary, after providing reasonable notice 
     to the State.
       (2) Consequences.--If this title expires under paragraph 
     (1)--
       (A) the waivers and releases under subsections (a) and (b) 
     shall--
       (i) expire; and
       (ii) have no further force or effect;
       (B) the authorization, ratification, confirmation, and 
     execution of the Agreement under section 113 shall no longer 
     be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into, pursuant to this title 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     title, together with any interest earned on those funds, and 
     any water rights or contracts to use water and title to other 
     property acquired or constructed with Federal funds 
     appropriated or made available to carry out the activities 
     authorized by this title, shall be returned to the Federal 
     Government, unless otherwise agreed to by the Pueblos and the 
     United States and approved by Congress; and
       (E) except for Federal funds used to acquire or construct 
     property that is returned to the Federal Government under 
     subparagraph (D), the United States shall be entitled to 
     offset any Federal funds made available to carry out this 
     title that were expended or withdrawn, or any funds made 
     available to carry out this title from other Federal 
     authorized sources, together with any interest accrued on 
     those funds, against any claims against the United States--
       (i) relating to--

       (I) water rights in the State asserted by--

       (aa) the Pueblos; or
       (bb) any user of the Pueblo Water Rights; or

       (II) any other matter covered by subsection (b); or

       (ii) in any future settlement of water rights of the 
     Pueblos.

     SEC. 119. SATISFACTION OF CLAIMS.

        The benefits provided under this title shall be in 
     complete replacement of, complete substitution for, and full 
     satisfaction of any claim of the Pueblos against the United 
     States that are waived and released by the Pueblos pursuant 
     to section 118(b).

     SEC. 120. CONSENT OF UNITED STATES TO JURISDICTION FOR 
                   JUDICIAL REVIEW OF A PUEBLO WATER RIGHT PERMIT 
                   DECISION.

       (a) Consent.--On the Enforceability Date, the consent of 
     the United States is hereby given, with the consent of each 
     Pueblo under article 11.5 of the Agreement, to jurisdiction 
     in the District Court for the Thirteenth Judicial District of 
     the State of New Mexico, and in the New Mexico Court of 
     Appeals and the New Mexico Supreme Court on appeal therefrom 
     in the same manner as provided under New Mexico law, over an 
     action filed in such District Court by any party to a Pueblo 
     Water Rights Permit administrative proceeding under article 
     11.4 of the Agreement for the limited and sole purpose of 
     judicial review of a Pueblo Water Right Permit decision under 
     article 11.5 of the Agreement.
       (b) Limitation.--The consent of the United States under 
     this title is limited to judicial review, based on the record 
     developed through the administrative process of the Pueblo, 
     under a standard of judicial review limited to determining 
     whether the Pueblo decision on the application for Pueblo 
     Water Right Permit--
       (1) is supported by substantial evidence;
       (2) is not arbitrary, capricious, or contrary to law;

[[Page S4406]]

       (3) is not in accordance with this Agreement or the Partial 
     Final Judgment and Decree; or
       (4) shows that the Pueblo acted fraudulently or outside the 
     scope of its authority.
       (c) Pueblo Water Code and Interpretation.--
       (1) In general.--Pueblo Water Code or Pueblo Water Law 
     provisions that meet the requirements of article 11 of the 
     Agreement shall be given full faith and credit in any 
     proceeding described in this section.
       (2) Provisions of the pueblo water code.--To the extent 
     that a State court conducting judicial review under this 
     section must interpret provisions of Pueblo law that are not 
     express provisions of the Pueblo Water Code, the State court 
     shall certify the question of interpretation to the Pueblo 
     court.
       (3) No certification.--Any issues of interpretation of 
     standards in article 11.6 of the Agreement are not subject to 
     certification.
       (4) Limitation.--Nothing in this section limits the 
     jurisdiction of the Decree Court to interpret and enforce the 
     Agreement.

     SEC. 121. MISCELLANEOUS PROVISIONS.

       (a) No Waiver of Sovereign Immunity by the United States.--
     Nothing in this title waives the sovereign immunity of the 
     United States.
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     title quantifies or diminishes any land or water right, or 
     any claim or entitlement to land or water, of an Indian 
     Tribe, band, or community other than the Pueblos.
       (c) Allottees Not Adversely Affected.--Nothing in this 
     title quantifies or diminishes any water right, or any claim 
     or entitlement to water, of an Allottee.
       (d) Effect on Current Law.--Nothing in this title affects 
     any provision of law (including regulations) in effect on the 
     day before the date of enactment of this Act with respect to 
     pre-enforcement review of any Federal environmental 
     enforcement action.
       (e) Conflict.--In the event of a conflict between the 
     Agreement and this title, this title shall control.

     SEC. 122. ANTIDEFICIENCY.

       The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this 
     title, including any obligation or activity under the 
     Agreement, if adequate appropriations are not provided 
     expressly by Congress to carry out the purposes of this 
     title.

       TITLE II--PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS SETTLEMENT

     SEC. 201. PURPOSES.

       The purposes of this title are--
       (1) to achieve a fair, equitable, and final settlement of 
     all claims to water rights in the Jemez River Stream System 
     in the State of New Mexico for--
       (A) the Pueblo of Jemez;
       (B) the Pueblo of Zia; and
       (C) the United States, acting as trustee for the Pueblos of 
     Jemez and Zia;
       (2) to authorize, ratify, and confirm the Agreement entered 
     into by the Pueblos, the State, and various other parties to 
     the extent that the Agreement is consistent with this title;
       (3) to authorize and direct the Secretary--
       (A) to execute the Agreement; and
       (B) to take any other actions necessary to carry out the 
     Agreement in accordance with this title; and
       (4) to authorize funds necessary for the implementation of 
     the Agreement and this title.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Adjudication.--The term ``Adjudication'' means the 
     adjudication of water rights pending before the United States 
     District Court for the District of New Mexico: United States 
     of America, on its own behalf, and on behalf of the Pueblos 
     of Jemez, Santa Ana, and Zia, State of New Mexico, ex rel. 
     State Engineer, Plaintiffs, and Pueblos of Jemez, Santa Ana, 
     and Zia, Plaintiffs-in-Intervention v. Tom Abousleman, et 
     al., Defendants, Civil No. 83-cv-01041 (KR).
       (2) Agreement.--The term ``Agreement'' means--
       (A) the document entitled ``Pueblos of Jemez and Zia Water 
     Rights Settlement Agreement'' and dated May 11, 2022, and the 
     appendices and exhibits attached thereto; and
       (B) any amendment to the document referred to in 
     subparagraph (A) (including an amendment to an appendix or 
     exhibit) that is executed to ensure that the Agreement is 
     consistent with this title.
       (3) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 207.
       (4) Jemez river stream system.--The term ``Jemez River 
     Stream System'' means the geographic extent of the area 
     involved in the Adjudication.
       (5) Partial final judgment and decree.--The term ``Partial 
     Final Judgment and Decree'' means a final or interlocutory 
     partial final judgment and decree entered by the United 
     States District Court for the District of New Mexico with 
     respect to the water rights of the Pueblos--
       (A) that is substantially in the form described in the 
     Agreement, as amended to ensure consistency with this title; 
     and
       (B) from which no further appeal may be taken.
       (6) Pueblo.--The term ``Pueblo'' means either of--
       (A) the Pueblo of Jemez; or
       (B) the Pueblo of Zia.
       (7) Pueblo land.--The term ``Pueblo Land'' means any real 
     property that is--
       (A) held by the United States in trust for a Pueblo within 
     the Jemez River Stream System;
       (B) owned by a Pueblo within the Jemez River Stream System 
     before the date on which a court approves the Agreement; or
       (C) acquired by a Pueblo on or after the date on which a 
     court approves the Agreement if the real property--
       (i) is located within the exterior boundaries of the 
     Pueblo, as recognized and confirmed by a patent issued under 
     the Act of December 22, 1858 (11 Stat. 374, chapter V);
       (ii) is located within the exterior boundaries of any 
     territory set aside for a Pueblo by law, executive order, or 
     court decree;
       (iii) is owned by a Pueblo or held by the United States in 
     trust for the benefit of a Pueblo outside the Jemez River 
     Stream System that is located within the exterior boundaries 
     of the Pueblo, as recognized and confirmed by a patent issued 
     under the Act of December 22, 1858 (11 Stat. 374, chapter V); 
     or
       (iv) is located within the exterior boundaries of any real 
     property located outside the Jemez River Stream System set 
     aside for a Pueblo by law, executive order, or court decree 
     if the land is within or contiguous to land held by the 
     United States in trust for the Pueblo as of June 1, 2022.
       (8) Pueblo trust fund.--The term ``Pueblo Trust Fund'' 
     means--
       (A) the Pueblo of Jemez Settlement Trust Fund established 
     under section 205(a); and
       (B) the Pueblo of Zia Settlement Trust Fund established 
     under that section.
       (9) Pueblo water rights.--The term ``Pueblo Water Rights'' 
     means the respective water rights of the Pueblos--
       (A) as identified in the Agreement and section 204; and
       (B) as confirmed in the Partial Final Judgment and Decree.
       (10) Pueblos.--The term ``Pueblos'' means--
       (A) the Pueblo of Jemez; and
       (B) the Pueblo of Zia.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (12) State.--The term ``State'' means the State of New 
     Mexico and all officers, agents, departments, and political 
     subdivisions of the State of New Mexico.

     SEC. 203. RATIFICATION OF AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this title and to 
     the extent that the Agreement does not conflict with this 
     title, the Agreement is authorized, ratified, and confirmed.
       (2) Amendments.--If an amendment to the Agreement, or to 
     any appendix or exhibit attached to the Agreement requiring 
     the signature of the Secretary, is executed in accordance 
     with this title to make the Agreement consistent with this 
     title, the amendment is authorized, ratified, and confirmed.
       (b) Execution.--
       (1) In general.--To the extent the Agreement does not 
     conflict with this title, the Secretary shall execute the 
     Agreement, including all appendices or exhibits to, or parts 
     of, the Agreement requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this title prohibits the 
     Secretary, after execution of the Agreement, from approving 
     any modification to the Agreement, including an appendix or 
     exhibit to the Agreement, that is consistent with this title, 
     to the extent that the modification does not otherwise 
     require congressional approval under section 2116 of the 
     Revised Statutes (25 U.S.C. 177) or any other applicable 
     provision of Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Agreement and this 
     title, the Secretary shall comply with--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) all other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the Agreement and this 
     title, the Pueblos shall prepare any necessary environmental 
     documents, consistent with--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation required under 
     subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.
       (3) Effect of execution.--The execution of the Agreement by 
     the Secretary under this section shall not constitute a major 
     Federal action under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (4) Costs.--Any costs associated with the performance of 
     the compliance activities under this subsection shall be paid 
     from funds deposited in the Pueblo Trust Funds, subject to 
     the condition that any costs associated with the performance 
     of Federal approval or other review of such compliance work 
     or costs associated with inherently Federal functions shall 
     remain the responsibility of the Secretary.

[[Page S4407]]

  


     SEC. 204. PUEBLO WATER RIGHTS.

       (a) Trust Status of the Pueblo Water Rights.--The Pueblo 
     Water Rights shall be held in trust by the United States on 
     behalf of the Pueblos in accordance with the Agreement and 
     this title.
       (b) Forfeiture and Abandonment.--
       (1) In general.--The Pueblo Water Rights shall not be 
     subject to loss through non-use, forfeiture, abandonment, or 
     other operation of law.
       (2) State-law based water rights.--State-law based water 
     rights acquired by a Pueblo, or by the United States on 
     behalf of a Pueblo, after the date for inclusion in the 
     Partial Final Judgment and Decree, shall not be subject to 
     forfeiture, abandonment, or permanent alienation from the 
     time they are acquired.
       (c) Use.--Any use of the Pueblo Water Rights shall be 
     subject to the terms and conditions of the Agreement and this 
     title.
       (d) Authority of the Pueblos.--
       (1) In general.--The Pueblos shall have the authority to 
     allocate, distribute, and lease the Pueblo Water Rights for 
     use on Pueblo Land in accordance with the Agreement, this 
     title, and applicable Federal law.
       (2) Use off pueblo land.--The Pueblos may allocate, 
     distribute, and lease the Pueblo Water Rights for use off 
     Pueblo Land in accordance with the Agreement, this title, and 
     applicable Federal law, subject to the approval of the 
     Secretary.
       (e) Administration.--
       (1) No alienation.--The Pueblos shall not permanently 
     alienate any portion of the Pueblo Water Rights.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this title for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this title shall be considered to satisfy any 
     requirement for authorization of the action required by 
     Federal law.
       (3) Prohibition on forfeiture.--The non-use of all or any 
     portion of the Pueblo Water Rights by any water user shall 
     not result in the forfeiture, abandonment, relinquishment, or 
     other loss of all or any portion of the Pueblo Water Rights.

     SEC. 205. SETTLEMENT TRUST FUNDS.

       (a) Establishment.--The Secretary shall establish 2 trust 
     funds, to be known as the ``Pueblo of Jemez Settlement Trust 
     Fund'' and the ``Pueblo of Zia Settlement Trust Fund'', to be 
     managed, invested, and distributed by the Secretary and to 
     remain available until expended, withdrawn, or reverted to 
     the general fund of the Treasury, consisting of the amounts 
     deposited in the Pueblo Trust Funds under subsection (b), 
     together with any investment earnings, including interest, 
     earned on those amounts for the purpose of carrying out this 
     title.
       (b) Deposits.--The Secretary shall deposit in each Pueblo 
     Trust Fund the amounts made available pursuant to section 
     206(a).
       (c) Management and Interest.--
       (1) Management.--On receipt and deposit of funds into the 
     Pueblo Trust Funds under subsection (b), the Secretary shall 
     manage, invest, and distribute all amounts in the Pueblo 
     Trust Funds in a manner that is consistent with the 
     investment authority of the Secretary under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this subsection.
       (2) Investment earnings.--In addition to the deposits made 
     to each Pueblo Trust Fund under subsection (b), any 
     investment earnings, including interest, earned on those 
     amounts held in each Pueblo Trust Fund are authorized to be 
     used in accordance with subsections (e) and (g).
       (d) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     each Pueblo Trust Fund, including any investment earnings 
     (including interest) earned on those amounts, shall be made 
     available to each Pueblo by the Secretary beginning on the 
     Enforceability Date, subject to the requirements of this 
     section, except for funds to be made available to the Pueblos 
     pursuant to paragraph (2).
       (2) Use of funds.--Notwithstanding paragraph (1), 
     $25,000,000 of the amounts deposited in each Pueblo Trust 
     Fund shall be available to the appropriate Pueblo for--
       (A) developing economic water development plans;
       (B) preparing environmental compliance documents;
       (C) preparing water project engineering designs;
       (D) establishing and operating a water resource department;
       (E) installing supplemental irrigation groundwater wells; 
     and
       (F) developing water measurement and reporting water use 
     plans.
       (e) Withdrawals.--
       (1) Withdrawals under the american indian trust fund 
     management reform act of 1994.--
       (A) In general.--Each Pueblo may withdraw any portion of 
     the amounts in the Pueblo Trust Fund on approval by the 
     Secretary of a Tribal management plan submitted by the Pueblo 
     in accordance with the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this paragraph shall require that the appropriate Pueblo 
     shall spend all amounts withdrawn from each Pueblo Trust 
     Fund, and any investment earnings (including interest) earned 
     on those amounts through the investments under the Tribal 
     management plan, in accordance with this title.
       (C) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce the Tribal management plan under this 
     paragraph to ensure that amounts withdrawn by each Pueblo 
     from the Pueblo Trust Fund of the Pueblo under subparagraph 
     (A) are used in accordance with this title.
       (2) Withdrawals under expenditure plan.--
       (A) In general.--Each Pueblo may submit to the Secretary a 
     request to withdraw funds from the Pueblo Trust Fund of the 
     Pueblo pursuant to an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw amounts under 
     an expenditure plan under subparagraph (A), each Pueblo shall 
     submit to the Secretary an expenditure plan for any portion 
     of the Pueblo Trust Fund that the Pueblo elects to withdraw 
     pursuant to that subparagraph, subject to the condition that 
     the amounts shall be used for the purposes described in this 
     title.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Pueblo 
     Trust Fund will be used by the Pueblo, in accordance with 
     this subsection and subsection (g).
       (D) Approval.--The Secretary shall approve an expenditure 
     plan submitted under subparagraph (A) if the Secretary 
     determines that the plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this title.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan to ensure that 
     amounts disbursed under this paragraph are used in accordance 
     with this title.
       (f) Effect of Section.--Nothing in this section gives the 
     Pueblos the right to judicial review of a determination of 
     the Secretary relating to whether to approve a Tribal 
     management plan under paragraph (1) of subsection (e) or an 
     expenditure plan under paragraph (2) of that subsection 
     except under subchapter II of chapter 5, and chapter 7, of 
     title 5, United States Code (commonly known as the 
     ``Administrative Procedure Act'').
       (g) Uses.--Amounts from a Pueblo Trust Fund may only be 
     used by the appropriate Pueblo for the following purposes:
       (1) Planning, permitting, designing, engineering, 
     constructing, reconstructing, replacing, rehabilitating, 
     operating, or repairing water production, treatment, or 
     delivery infrastructure, including for domestic and municipal 
     use, on-farm improvements, or wastewater infrastructure.
       (2) Watershed protection and enhancement, support of 
     agriculture, water-related Pueblo community welfare and 
     economic development, and costs related to implementation of 
     the Agreement.
       (3) Planning, permitting, designing, engineering, 
     construction, reconstructing, replacing, rehabilitating, 
     operating, or repairing water production of delivery 
     infrastructure of the Augmentation Project, as set forth in 
     the Agreement.
       (4) Ensuring environmental compliance in the development 
     and construction of projects under this title.
       (5) The management and administration of the Pueblo Water 
     Rights.
       (h) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from a Pueblo Trust Fund 
     by a Pueblo under paragraph (1) or (2) of subsection (e).
       (i) Expenditure Reports.--Each Pueblo shall annually submit 
     to the Secretary an expenditure report describing 
     accomplishments and amounts spent from use of withdrawals 
     under a Tribal management plan or an expenditure plan under 
     paragraph (1) or (2) of subsection (e), as applicable.
       (j) No Per Capita Distributions.--No portion of a Pueblo 
     Trust Fund shall be distributed on a per capita basis to any 
     member of a Pueblo.
       (k) Title to Infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from a 
     Pueblo Trust Fund shall remain in the appropriate Pueblo.
       (l) Operation, Maintenance, and Replacement.--All 
     operation, maintenance, and replacement costs of any project 
     constructed using funds from a Pueblo Trust Fund shall be the 
     responsibility of the appropriate Pueblo.

     SEC. 206. FUNDING.

       (a) Mandatory Appropriation.--Out of any money in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary--
       (1) for deposit in the Pueblo of Jemez Settlement Trust 
     Fund established under section 205(a) $290,000,000, to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury; and
       (2) for deposit in the Pueblo of Zia Settlement Trust Fund 
     established under that section $200,000,000, to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury.

[[Page S4408]]

       (b) Fluctuation in Costs.--
       (1) In general.--The amount appropriated under subsection 
     (a) shall be increased or decreased, as appropriate, by such 
     amounts as may be justified by reason of ordinary 
     fluctuations in costs, as indicated by the Bureau of 
     Reclamation Construction Cost Index-Composite Trend.
       (2) Construction costs adjustment.--The amount appropriated 
     under subsection (a) shall be adjusted to address 
     construction cost changes necessary to account for unforeseen 
     market volatility that may not otherwise be captured by 
     engineering cost indices, as determined by the Secretary, 
     including repricing applicable to the types of construction 
     and current industry standards involved.
       (3) Repetition.--The adjustment process under this 
     subsection shall be repeated for each subsequent amount 
     appropriated until the applicable amount, as adjusted, has 
     been appropriated.
       (4) Period of indexing.--The period of indexing adjustment 
     under this subsection for any increment of funding shall 
     start on October 1, 2021, and end on the date on which the 
     funds are deposited in the applicable Pueblo Trust Fund.
       (c) State Cost Share.--The State shall contribute--
       (1) $3,400,000, as adjusted for inflation pursuant to the 
     Agreement, to the San Ysidro Community Ditch Association for 
     capital and operating expenses of the mutual benefit 
     Augmentation Project;
       (2) $16,159,000, as adjusted for inflation pursuant to the 
     Agreement, for Jemez River Basin Water Users Coalition 
     acequia ditch improvements; and
       (3) $500,000, as adjusted for inflation, to mitigate 
     impairment to non-Pueblo domestic and livestock groundwater 
     rights as a result of new Pueblo water use.

     SEC. 207. ENFORCEABILITY DATE.

       The Enforceability Date shall be the date on which the 
     Secretary publishes in the Federal Register a statement of 
     findings that--
       (1) to the extent that the Agreement conflicts with this 
     title, the Agreement has been amended to conform with this 
     title;
       (2) the Agreement, as amended, has been executed by all 
     parties to the Agreement, including the United States;
       (3) the United States District Court for the District of 
     New Mexico has approved the Agreement and has entered a 
     Partial Final Judgment and Decree;
       (4) all of the amounts appropriated under section 206 have 
     been appropriated and deposited in the designated accounts of 
     the applicable Pueblo Trust Fund;
       (5) the State has--
       (A) provided the funding under section 206(c)(2) into 
     appropriate funding accounts;
       (B) provided the funding under section 206(c)(1) or entered 
     into a funding agreement with the intended beneficiaries for 
     that funding; and
       (C) enacted legislation to amend State law to provide that 
     a Pueblo Water Right may be leased for a term of not to 
     exceed 99 years, including renewals;
       (6) the waivers and releases under section subsections (a) 
     and (b) of section 208 have been executed by the Pueblos and 
     the Secretary; and
       (7) the waivers and releases under section 208 have been 
     executed by the Pueblos and the Secretary.

     SEC. 208. WAIVERS AND RELEASES OF CLAIMS.

       (a) Waivers and Releases of Claims by Pueblos and United 
     States as Trustee for Pueblos.--Subject to the reservation of 
     rights and retention of claims under subsection (d), as 
     consideration for recognition of the Pueblo Water Rights and 
     other benefits described in the Agreement and this title, the 
     Pueblos and the United States, acting as trustee for the 
     Pueblos, shall execute a waiver and release of all claims 
     for--
       (1) water rights within the Jemez River Stream System that 
     the Pueblos, or the United States acting as trustee for the 
     Pueblos, asserted or could have asserted in any proceeding, 
     including the Adjudication, on or before the Enforceability 
     Date, except to the extent that such a right is recognized in 
     the Agreement and this title; and
       (2) damages, losses, or injuries to water rights or claims 
     of interference with, diversion of, or taking of water rights 
     (including claims for injury to land resulting from such 
     damages, losses, injuries, interference, diversion, or taking 
     of water rights) in the Jemez River Stream System against any 
     party to a settlement, including the members and parciantes 
     of signatory acequias, that accrued at any time up to and 
     including the Enforceability Date.
       (b) Waivers and Releases of Claims by Pueblos Against 
     United States.--Subject to the reservation of rights and 
     retention of claims under subsection (d), each Pueblo shall 
     execute a waiver and release of all claims against the United 
     States (including any agency or employee of the United 
     States) for water rights within the Jemez River Stream System 
     first arising before the Enforceability Date relating to--
       (1) water rights within the Jemez River Stream System that 
     the United States, acting as trustee for the Pueblos, 
     asserted or could have asserted in any proceeding, including 
     the Adjudication, except to the extent that such rights are 
     recognized as part of the Pueblo Water Rights under this 
     title;
       (2) foregone benefits from non-Pueblo use of water, on and 
     off Pueblo Land (including water from all sources and for all 
     uses), within the Jemez River Stream System;
       (3) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights 
     (including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion of, 
     or taking of water, or claims relating to a failure to 
     protect, acquire, replace, or develop water, water rights, or 
     water infrastructure) within the Jemez River Stream System;
       (4) a failure to establish or provide a municipal, rural, 
     or industrial water delivery system on Pueblo Land within the 
     Jemez River Stream System;
       (5) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of irrigation projects on Pueblo Land or Federal 
     land (including damages, losses, or injuries to fish habitat, 
     wildlife, and wildlife habitat) within the Jemez River Stream 
     System;
       (6) a failure to provide for operation, maintenance, or 
     deferred maintenance for any irrigation system or irrigation 
     project within the Jemez River Stream System;
       (7) a failure to provide a dam safety improvement to a dam 
     on Pueblo Land within the Jemez River Stream System;
       (8) the litigation of claims relating to any water right of 
     a Pueblo within the Jemez River Stream System; and
       (9) the negotiation, execution, or adoption of the 
     Agreement (including exhibits or appendices) and this title.
       (c) Effective Date.--The waivers and releases described in 
     subsections (a) and (b) shall take effect on the 
     Enforceability Date.
       (d) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsections 
     (a) and (b), the Pueblos and the United States, acting as 
     trustee for the Pueblos, shall retain all claims relating 
     to--
       (1) the enforcement of, or claims accruing after the 
     Enforceability Date relating to, water rights recognized 
     under the Agreement, this title, or the Partial Final 
     Judgement and Decree entered into in the Adjudication;
       (2) activities affecting the quality of water, including 
     claims under--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including 
     claims for damages to natural resources;
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act''); 
     and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (3) the right to use and protect water rights acquired 
     after the date of enactment of this Act;
       (4) damage, loss, or injury to land or natural resources 
     that is not due to loss of water or water rights, including 
     hunting, fishing, gathering, or cultural rights;
       (5) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to this 
     title or the Agreement; and
       (6) loss of water or water rights in locations outside of 
     the Jemez River Stream System.
       (e) Effect of Agreement and Title.--Nothing in the 
     Agreement or this title--
       (1) reduces or extends the sovereignty (including civil and 
     criminal jurisdiction) of any government entity;
       (2) affects the ability of the United States, as sovereign, 
     to carry out any activity authorized by law, including--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act'');
       (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
     and
       (E) any regulations implementing the Acts described in 
     subparagraphs (A) though (D);
       (3) affects the ability of the United States to act as 
     trustee for the Pueblos (consistent with this title), any 
     other pueblo or Indian Tribe, or an allottee of any Indian 
     Tribe;
       (4) confers jurisdiction on any State court--
       (A) to interpret Federal law relating to health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party under Federal law regarding health, safety, or 
     the environment;
       (C) to conduct judicial review of any Federal agency 
     action; or
       (D) to interpret Pueblo or Tribal law; or
       (5) waives any claim of a member of a Pueblo in an 
     individual capacity that does not derive from a right of the 
     Pueblos.
       (f) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the 
     Enforceability Date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (3) Limitation.--Nothing in this section precludes the 
     tolling of any period of limitation or any time-based 
     equitable defense under any other applicable law.
       (g) Expiration.--

[[Page S4409]]

       (1) In general.--This title shall expire in any case in 
     which the Secretary fails to publish a statement of findings 
     under section 207 by not later than--
       (A) July 1, 2030; or
       (B) such alternative later date as is agreed to by the 
     Pueblos and the Secretary, after providing reasonable notice 
     to the State.
       (2) Consequences.--If this title expires under paragraph 
     (1)--
       (A) the waivers and releases under subsections (a) and (b) 
     shall--
       (i) expire; and
       (ii) have no further force or effect;
       (B) the authorization, ratification, confirmation, and 
     execution of the Agreement under section 203 shall no longer 
     be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into, pursuant to this title 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     title, together with any interest earned on those funds, and 
     any water rights or contracts to use water and title to other 
     property acquired or constructed with Federal funds 
     appropriated or made available to carry out the activities 
     authorized by this title shall be returned to the Federal 
     Government, unless otherwise agreed to by the Pueblos and the 
     United States and approved by Congress; and
       (E) except for Federal funds used to acquire or construct 
     property that is returned to the Federal Government under 
     subparagraph (D), the United States shall be entitled to 
     offset any Federal funds made available to carry out this 
     title that were expended or withdrawn, or any funds made 
     available to carry out this title from other Federal 
     authorized sources, together with any interest accrued on 
     those funds, against any claims against the United States--
       (i) relating to--

       (I) water rights in the State asserted by--

       (aa) the Pueblos; or
       (bb) any user of the Pueblo Water Rights; or

       (II) any other matter covered by subsection (b); or

       (ii) in any future settlement of water rights of the 
     Pueblos.

     SEC. 209. SATISFACTION OF CLAIMS.

       The benefits provided under this title shall be in complete 
     replacement of, complete substitution for, and full 
     satisfaction of any claim of the Pueblos against the United 
     States that are waived and released by the Pueblos pursuant 
     to section 208(b).

     SEC. 210. MISCELLANEOUS PROVISIONS.

       (a) No Waiver of Sovereign Immunity by the United States.--
     Nothing in this title waives the sovereign immunity of the 
     United States.
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     title quantifies or diminishes any land or water right, or 
     any claim or entitlement to land or water, of an Indian 
     Tribe, band, or community other than the Pueblos.
       (c) Effect on Current Law.--Nothing in this title affects 
     any provision of law (including regulations) in effect on the 
     day before the date of enactment of this Act with respect to 
     pre-enforcement review of any Federal environmental 
     enforcement action.
       (d) Conflict.--In the event of a conflict between the 
     Agreement and this title, this title shall control.

     SEC. 211. ANTIDEFICIENCY.

       The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this 
     title, including any obligation or activity under the 
     Agreement, if adequate appropriations are not provided 
     expressly by Congress to carry out the purposes of this 
     title.
                                 ______
                                 
  SA 1120. Mr. SCHATZ (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 1092 submitted by 
Mrs. Murray (for herself and Ms. Collins) and intended to be proposed 
to the bill H.R. 4366, making appropriations for military construction, 
the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2024, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title I of division C, insert 
     the following:
       Sec. 110.  The remaining unobligated balances, as of 
     September 30, 2024, from amounts made available for the 
     ``Department of Transportation--Office of the Secretary--
     National Infrastructure Investments'' in division L of the 
     Consolidated Appropriations Act, 2021 (Public Law 116-260) 
     are hereby permanently rescinded, and an amount of additional 
     new budget authority equivalent to the amount rescinded is 
     hereby appropriated on September 30, 2024, to remain 
     available until September 30, 2027, and shall be available, 
     without additional competition, for completing the funding of 
     awards made pursuant to the fiscal year 2021 national 
     infrastructure investments program, in addition to other 
     funds as may be available for such purposes:  Provided, That 
     no amounts may be rescinded from amounts that were designated 
     by the Congress as an emergency requirement pursuant to a 
     concurrent resolution on the budget or the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 1121. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end, add the following:

                               DIVISION D

               CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

     SEC. 101. CONGRESSIONAL REVIEW. (A)(1)(A) BEFORE A RULE MAY 
                   TAKE EFFECT, THE FEDERAL AGENCY PROMULGATING 
                   SUCH RULE SHALL PUBLISH IN THE FEDERAL REGISTER 
                   A LIST OF INFORMATION ON WHICH THE RULE IS 
                   BASED, INCLUDING DATA, SCIENTIFIC AND ECONOMIC 
                   STUDIES, AND COST-BENEFIT ANALYSES, AND 
                   IDENTIFY HOW THE PUBLIC CAN ACCESS SUCH 
                   INFORMATION ONLINE, AND SHALL SUBMIT TO EACH 
                   HOUSE OF THE CONGRESS AND TO THE COMPTROLLER 
                   GENERAL A REPORT CONTAINING--

       (i) a copy of the rule;
       (ii) a concise general statement relating to the rule;
       (iii) a classification of the rule as a major or nonmajor 
     rule, including an explanation of the classification 
     specifically addressing each criteria for a major rule 
     contained within subparagraphs (A) through (C) of section 
     104(2);
       (iv) a list of any other related regulatory actions 
     intended to implement the same statutory provision or 
     regulatory objective as well as the individual and aggregate 
     economic effects of those actions; and
       (v) the proposed effective date of the rule.
       (B) On the date of the submission of the report under 
     subparagraph (A), the Federal agency shall submit to the 
     Comptroller General and make available to each House of 
     Congress--
       (i) a complete copy of the cost-benefit analysis of the 
     rule, if any, including an analysis of any jobs added or 
     lost, differentiating between public and private sector jobs;
       (ii) the agency's actions pursuant to sections 603, 604, 
     605, 607, and 609 of title 5, United States Code;
       (iii) the agency's actions pursuant to sections 202, 203, 
     204, and 205 of the Unfunded Mandates Reform Act of 1995;
       (iv) an estimate of the effect on inflation of the rule; 
     and
       (v) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       (C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       (D) If requested in writing by a member of Congress--
       (i) the Comptroller General shall make a determination 
     whether an agency action qualifies as a rule for purposes of 
     this chapter, and shall submit to Congress this determination 
     not later than 60 days after the date of the request; and
       (ii) the Comptroller General, in consultation with the 
     Director of the Congressional Budget Office, shall make a 
     determination whether a rule is considered a major rule under 
     the provisions of this act, and shall submit to Congress this 
     determination not later than 90 days after the date of the 
     request.
       For purposes of this section, a determination under this 
     subparagraph shall be deemed to be a report under 
     subparagraph (A).
       (2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date. 
     The report of the Comptroller General shall include an 
     assessment of the agency's compliance with procedural steps 
     required by paragraph (1)(B) and an assessment of whether the 
     major rule imposes any new limits or mandates on private-
     sector activity.
       (B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       (3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 102 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 102, whichever is 
     later.
       (4) A nonmajor rule shall take effect as provided by 
     section 103 after submission to Congress under paragraph (1).
       (5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this division in the 
     same Congress by either the House of Representatives or the 
     Senate.
       (b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 102.
       (2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in subsection (a)(1)(A) is 
     received by Congress (excluding days either

[[Page S4410]]

     House of Congress is adjourned for more than 3 days during a 
     session of Congress), then the rule described in that 
     resolution shall be deemed not to be approved and such rule 
     shall not take effect.
       (c)(1) Notwithstanding any other provision of this section 
     (except subject to paragraph (3)), a major rule may take 
     effect for one 90-calendar-day period if the President makes 
     a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       (2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       (A) necessary because of an imminent threat to health or 
     safety or other emergency;
       (B) necessary for the enforcement of criminal laws;
       (C) necessary for national security; or
       (D) issued pursuant to any statute implementing an 
     international trade agreement.
       (3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 102.
       (d)(1) In addition to the opportunity for review otherwise 
     provided under this division, in the case of any rule for 
     which a report was submitted in accordance with subsection 
     (a)(1)(A) during the period beginning on the date occurring--
       (A) in the case of the Senate, 60 session days; or
       (B) in the case of the House of Representatives, 60 
     legislative days,

     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     102 and 103 shall apply to such rule in the succeeding 
     session of Congress.
       (2)(A) In applying sections 102 and 103 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       (i) such rule were published in the Federal Register on--
       (I) in the case of the Senate, the 15th session day; or
       (II) in the case of the House of Representatives, the 15th 
     legislative day,
     after the succeeding session of Congress first convenes; and
       (ii) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (B) Nothing in this paragraph shall be construed to affect 
     the requirement under subsection (a)(1) that a report shall 
     be submitted to Congress before a rule can take effect.
       (3) A rule described under paragraph (1) shall take effect 
     as otherwise provided by law (including other subsections of 
     this section).

     SEC. 102. CONGRESSIONAL APPROVAL PROCEDURE FOR MAJOR RULES. 
                   (A)(1) FOR PURPOSES OF THIS SECTION, THE TERM 
                   ``JOINT RESOLUTION'' MEANS ONLY A JOINT 
                   RESOLUTION ADDRESSING A REPORT CLASSIFYING A 
                   RULE AS MAJOR PURSUANT TO SECTION 
                   101(A)(1)(A)(III) THAT--

       (A) bears no preamble;
       (B) bears the following title (with blanks filled as 
     appropriate): ``Approving the rule submitted by ___ relating 
     to ___.'';
       (C) includes after its resolving clause only the following 
     (with blanks filled as appropriate): ``That Congress approves 
     the rule submitted by ___ relating to ___.''; and
       (D) is introduced pursuant to paragraph (2).
       (2) After a House of Congress receives a report classifying 
     a rule as major pursuant to section 101(a)(1)(A)(iii), the 
     majority leader of that House (or his or her respective 
     designee) shall introduce (by request, if appropriate) a 
     joint resolution described in paragraph (1)--
       (A) in the case of the House of Representatives, within 3 
     legislative days; and
       (B) in the case of the Senate, within 3 session days.
       (3) A joint resolution described in paragraph (1) shall not 
     be subject to amendment at any stage of proceeding.
       (b) A joint resolution described in subsection (a) shall be 
     referred in each House of Congress to the committees having 
     jurisdiction over the provision of law under which the rule 
     is issued.
       (c) In the Senate, if the committee or committees to which 
     a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       (d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       (2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       (3) In the Senate, immediately following the conclusion of 
     the debate on a joint resolution described in subsection (a), 
     and a single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       (4) Appeals from the decisions of the Chair relating to the 
     application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       (e) In the House of Representatives, if any committee to 
     which a joint resolution described in subsection (a) has been 
     referred has not reported it to the House at the end of 15 
     legislative days after its introduction, such committee shall 
     be discharged from further consideration of the joint 
     resolution, and it shall be placed on the appropriate 
     calendar. On the second and fourth Thursdays of each month it 
     shall be in order at any time for the Speaker to recognize a 
     Member who favors passage of a joint resolution that has 
     appeared on the calendar for at least 5 legislative days to 
     call up that joint resolution for immediate consideration in 
     the House without intervention of any point of order. When so 
     called up a joint resolution shall be considered as read and 
     shall be debatable for 1 hour equally divided and controlled 
     by the proponent and an opponent, and the previous question 
     shall be considered as ordered to its passage without 
     intervening motion. It shall not be in order to reconsider 
     the vote on passage. If a vote on final passage of the joint 
     resolution has not been taken by the third Thursday on which 
     the Speaker may recognize a Member under this subsection, 
     such vote shall be taken on that day.
       (f)(1) If, before passing a joint resolution described in 
     subsection (a), one House receives from the other a joint 
     resolution having the same text, then--
       (A) the joint resolution of the other House shall not be 
     referred to a committee; and
       (B) the procedure in the receiving House shall be the same 
     as if no joint resolution had been received from the other 
     House until the vote on passage, when the joint resolution 
     received from the other House shall supplant the joint 
     resolution of the receiving House.
       (2) This subsection shall not apply to the House of 
     Representatives if the joint resolution received from the 
     Senate is a revenue measure.
       (g) If either House has not taken a vote on final passage 
     of the joint resolution by the last day of the period 
     described in section 101(b)(2), then such vote shall be taken 
     on that day.
       (h) This section and section 103 are enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such are 
     deemed to be part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution 
     described in subsection (a) and superseding other rules only 
     where explicitly so; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. 103. CONGRESSIONAL DISAPPROVAL PROCEDURE FOR NONMAJOR 
                   RULES. (A) FOR PURPOSES OF THIS SECTION, THE 
                   TERM ``JOINT RESOLUTION'' MEANS ONLY A JOINT 
                   RESOLUTION INTRODUCED IN THE PERIOD BEGINNING 
                   ON THE DATE ON WHICH THE REPORT REFERRED TO IN 
                   SECTION 101(A)(1)(A) IS RECEIVED BY CONGRESS 
                   AND ENDING 60 DAYS THEREAFTER (EXCLUDING DAYS 
                   EITHER HOUSE OF CONGRESS IS ADJOURNED FOR MORE 
                   THAN 3 DAYS DURING A SESSION OF CONGRESS), THE 
                   MATTER AFTER THE RESOLVING CLAUSE OF WHICH IS 
                   AS FOLLOWS: ``THAT CONGRESS DISAPPROVES THE 
                   NONMAJOR RULE SUBMITTED BY THE ___ RELATING TO 
                   ___, AND SUCH RULE SHALL HAVE NO FORCE OR 
                   EFFECT.'' (THE BLANK SPACES BEING APPROPRIATELY 
                   FILLED IN).

       (b) A joint resolution described in subsection (a) shall be 
     referred to the committees in each House of Congress with 
     jurisdiction.
       (c) In the Senate, if the committee to which is referred a 
     joint resolution described in subsection (a) has not reported 
     such joint resolution (or an identical joint resolution) at 
     the end of 15 session days after the date of introduction of 
     the joint resolution, such committee may be discharged from 
     further consideration of such joint resolution upon a 
     petition supported in writing by 30 Members of the Senate, 
     and such joint resolution shall be placed on the calendar.

[[Page S4411]]

       (d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       (2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       (3) In the Senate, immediately following the conclusion of 
     the debate on a joint resolution described in subsection (a), 
     and a single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       (4) Appeals from the decisions of the Chair relating to the 
     application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       (e) In the Senate, the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       (1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date; or
       (2) if the report under section 101(a)(1)(A) was submitted 
     during the period referred to in section 101(c)(1), after the 
     expiration of the 60 session days beginning on the 15th 
     session day after the succeeding session of Congress first 
     convenes.
       (f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       (1) The joint resolution of the other House shall not be 
     referred to a committee.
       (2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       (A) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (B) the vote on final passage shall be on the joint 
     resolution of the other House.

     SEC. 104. DEFINITIONS. FOR PURPOSES OF THIS DIVISION:

       (1) The term ``Federal agency'' means any agency as that 
     term is defined in section 551(1) of title 5, United States 
     Code, that receives funding under any division of this Act.
       (2) The term ``major rule'' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget finds has resulted in or is likely to 
     result in--
       (A) an annual effect on the economy of $100,000,000 or 
     more;
       (B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions;
       (C) significant adverse effects on competition, employment, 
     investment, productivity, innovation, or the ability of 
     United States-based enterprises to compete with foreign-based 
     enterprises in domestic and export markets; or
       (D) an increase in mandatory vaccinations.
       (3) The term ``nonmajor rule'' means any rule that is not a 
     major rule.
       (4) The term ``rule'' means a rule, as defined in section 
     551 of title 5, United States Code, except that such ter has 
     the meaning given such term in section 551 of title 5, United 
     States Code, except that such term--
       (A) includes interpretive rules, general statements of 
     policy, and all other agency guidance documents; and
       (B) does not include--
       (i) any rule of particular applicability, including a rule 
     that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefore, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing;
       (ii) any rule relating to agency management or personnel; 
     or
       (iii) any rule of agency organization, procedure, or 
     practice that does not substantially affect the rights or 
     obligations of non-agency parties.
       (5) The term ``submission or publication date'', except as 
     otherwise provided in this division, means--
       (A) in the case of a major rule, the date on which the 
     Congress receives the report submitted under section 
     101(a)(1); and
       (B) in the case of a nonmajor rule, the later of--
       (i) the date on which the Congress receives the report 
     submitted under section 101(a)(1); and
       (ii) the date on which the nonmajor rule is published in 
     the Federal Register, if so published.

     SEC. 105. JUDICIAL REVIEW. (A) NO DETERMINATION, FINDING, 
                   ACTION, OR OMISSION UNDER THIS DIVISION SHALL 
                   BE SUBJECT TO JUDICIAL REVIEW.

       (b) Notwithstanding subsection (a), a court may determine 
     whether a Federal agency has completed the necessary 
     requirements under this division for a rule to take effect.
       (c) The enactment of a joint resolution of approval under 
     section 102 shall not be interpreted to serve as a grant or 
     modification of statutory authority by Congress for the 
     promulgation of a rule, shall not extinguish or affect any 
     claim, whether substantive or procedural, against any alleged 
     defect in a rule, and shall not form part of the record 
     before the court in any judicial proceeding concerning a rule 
     except for purposes of determining whether or not the rule is 
     in effect.

     SEC. 106. EXEMPTION FOR MONETARY POLICY. NOTHING IN THIS 
                   DIVISION SHALL APPLY TO RULES THAT CONCERN 
                   MONETARY POLICY PROPOSED OR IMPLEMENTED BY THE 
                   BOARD OF GOVERNORS OF THE FEDERAL RESERVE 
                   SYSTEM OR THE FEDERAL OPEN MARKET COMMITTEE.

     SEC. 107. EFFECTIVE DATE OF CERTAIN RULES. NOTWITHSTANDING 
                   SECTION 101--

       (1) any rule that establishes, modifies, opens, closes, or 
     conducts a regulatory program for a commercial, recreational, 
     or subsistence activity related to hunting, fishing, or 
     camping; or
       (2) any rule other than a major rule which the Federal 
     agency for good cause finds (and incorporates the finding and 
     a brief statement of reasons therefore in the rule issued) 
     that notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,

     shall take effect at such time as the Federal agency 
     determines.

     SEC. 108. REVIEW OF RULES CURRENTLY IN EFFECT. (A) BEGINNING 
                   ON THE DATE THAT IS 6 MONTHS AFTER THE DATE OF 
                   ENACTMENT OF THIS SECTION AND ANNUALLY 
                   THEREAFTER FOR THE 4 YEARS FOLLOWING, EACH 
                   AGENCY SHALL DESIGNATE NOT LESS THAN 20 PERCENT 
                   OF ELIGIBLE RULES MADE BY THAT AGENCY FOR 
                   REVIEW, AND SHALL SUBMIT A REPORT INCLUDING 
                   EACH SUCH ELIGIBLE RULE IN THE SAME MANNER AS A 
                   REPORT UNDER SECTION 1(A)(1). SECTION 1, 
                   SECTION 2, AND SECTION 3 SHALL APPLY TO EACH 
                   SUCH RULE, SUBJECT TO SUBSECTION (C) OF THIS 
                   SECTION. NO ELIGIBLE RULE PREVIOUSLY DESIGNATED 
                   MAY BE DESIGNATED AGAIN.

       (b) Beginning after the date that is 5 years after the date 
     of enactment of this section, if Congress has not enacted a 
     joint resolution of approval for that eligible rule, that 
     eligible rule shall not continue in effect.
       (c)(1) Unless Congress approves all eligible rules 
     designated by executive agencies for review within 90 days of 
     designation, they shall have no effect.
       (2) A single joint resolution of approval shall apply to 
     all eligible rules in a report designated for a year as 
     follows: ``That Congress approves the rules submitted by 
     the___ for the year ___.'' (The blank spaces being 
     appropriately filled in).
       (3) A member of either House may move that a separate joint 
     resolution be required for a specified rule.
       (d) In this section, the term ``eligible rule'' means a 
     rule that is in effect as of the date of enactment of this 
     section.

     SEC. 109. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 
                   OF TITLE 5, UNITED STATES CODE. SECTION 
                   257(B)(2) OF THE BALANCED BUDGET AND EMERGENCY 
                   DEFICIT CONTROL ACT OF 1985 (2 U.S.C. 
                   907(B)(2)) IS AMENDED BY ADDING AT THE END THE 
                   FOLLOWING NEW SUBPARAGRAPH:

       ``(E) Budgetary effects of rules subject to section 2 of 
     title 5, united states code.--Any rule subject to the 
     congressional approval procedure set forth in section 2 of 
     chapter 8 of title 5, United States Code, affecting budget 
     authority, outlays, or receipts shall be assumed to be 
     effective unless it is not approved in accordance with such 
     section.''.

     SEC. 110. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES. 
                   (A) THE COMPTROLLER GENERAL OF THE UNITED 
                   STATES SHALL CONDUCT A STUDY TO DETERMINE, AS 
                   OF THE DATE OF THE ENACTMENT OF THIS ACT--

       (1) how many rules (as such term is defined in section 804 
     of title 5, United States Code) were in effect;
       (2) how many major rules (as such term is defined in 
     section 804 of title 5, United States Code) were in effect; 
     and
       (3) the total estimated economic cost imposed by all such 
     rules.
       (b) Not later than 1 year after the date of the enactment 
     of this Act, the Comptroller General of the United States 
     shall submit a report (and publish the report on the website 
     of the Comptroller General) to Congress that contains the 
     findings of the study conducted under subsection (a).
                                   ____
                                 
  SA 1122. Mr. PETERS submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:


[[Page S4412]]


  

        At the appropriate place in title VII of division B, 
     insert the following:
       Sec. ___. (a) There is appropriated $3,000,000, to remain 
     available until expended, for the emergency and transitional 
     pet shelter and housing assistance grant program established 
     under section 12502(b) of the Agriculture Improvement Act of 
     2018 (34 U.S.C. 20127).
       (b) Notwithstanding any other provision of this Act, the 
     total amount rescinded in section 745 is increased by 
     $3,000,000.
                                   ____
                                 
  SA 1123. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. 4. REPORTING REGARDING TELEWORK.

       (a) Definitions.--In this section, the terms ``employee'', 
     ``locality pay area'', ``locality rate'', and ``official 
     worksite'' have the meanings given those terms in section 
     531.602 of title 5, Code of Federal Regulations.
       (b) Reporting Requirement.--Not later than 30 days after 
     the date of enactment of this Act, the head of each agency or 
     department funded under division A, division B, or division C 
     of this Act shall submit to Congress a report containing--
       (1) the number of employees of the agency or department 
     who, based upon information technology login information, 
     office swipe-ins, and other measurable and observable 
     factors, perform the majority of their working hours in a 
     locality pay area with a lower locality rate than the 
     locality rate for the locality pay area in which the official 
     worksite of the employee is located, but continue to receive 
     the higher locality rate associated with the official 
     worksite of the employee;
       (2) the cost savings that would be achieved by adjusting 
     the locality rate for employees described in paragraph (1) to 
     be the locality rate for the locality pay area in which the 
     employees perform the majority of their working hours;
       (3) the actions the agency or department has taken to audit 
     and adjust the locality rates for employees with a telework 
     agreement to account for the location from which the 
     employees perform the majority of their working hours;
       (4) as of the date of enactment of this Act, the actions 
     the agency or department has taken to ensure oversight and 
     quality control of remote work;
       (5) any additional steps the agency or department is 
     considering taking to improve oversight and quality control 
     of remote work;
       (6) the typical daily onsite attendance in the office 
     buildings of the agency or department, as a proportion of the 
     total workforce of the agency or department;
       (7) any guidance, initiatives, or other incentives in 
     effect to entice the employees of the agency or department to 
     return to working from the office buildings of the agency or 
     department;
       (8) a description of the instances in which the agency or 
     department has exercised the authority under paragraph (2) of 
     section 531.605(d) of title 5, Code of Federal Regulations to 
     waive the twice-in-a-pay-period standard under paragraph (1) 
     of such section;
       (9) the number of exceptions to the exercises of authority 
     described in paragraph (8) that have been revoked during each 
     month beginning on or after July 1, 2021;
       (10) as of the date of enactment of this Act, the number of 
     employees for whom an exception described in paragraph (8) 
     remains in effect;
       (11) a discussion of the monetary and environmental cost of 
     maintaining underutilized space for the agency or department, 
     in terms of energy use and carbon emissions;
       (12) any steps the agency or department is taking or 
     planning to take on or before the date that is 30 days after 
     the date of enactment of this Act to reduce underutilization 
     of building and office space; and
       (13) an analysis of the impacts of telework on the delivery 
     of services and response times, including any increase or 
     decrease in backlogs relative to the backlog as of March 1, 
     2020.
                                   ____
                                 
  SA 1124. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:
        At the appropriate place in division A, insert the 
     following:
       Sec. ___.  Of the funds made available by this division or 
     otherwise made available for fiscal year 2024 for the North 
     Atlantic Treaty Organization Security Investment Program, not 
     more than two percent may be obligated or expended.
                                 ______
                                 
  SA 1125. Mr. VANCE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in division C, insert the 
     following:
       Sec. ___.  None of the funds appropriated or made available 
     by this division may be used to enforce a mask mandate in 
     response to the COVID-19 virus.
                                   
                                 I11SA 
                                 1126. 
                                 Mr. 
                                 LEE 
                                 submitt
                                 ed an 
                                 amendme
                                 nt 
                                 intende
                                 d to 
                                 be 
                                 propose
                                 d to 
                                 amendme
                                 nt SA 
                                 1092 
                                 submitt
                                 ed by 
                                 Mrs. 
                                 Murray 
                                 (for 
                                 herself
                                  and 
                                 Ms. 
                                 Collins
                                 ) and 
                                 intende
                                 d to 
                                 be 
                                 propose
                                 d to 
                                 the 
                                 bill 
                                 H.R. 
                                 4366, 
                                 making 
                                 appropr
                                 iations
                                  for 
                                 militar
                                 y 
                                 constru
                                 ction, 
                                 the 
                                 Departm
                                 ent of 
                                 Veteran
                                 s 
                                 Affairs
                                 , and 
                                 related
                                  agenci
                                 es for 
                                 the 
                                 fiscal 
                                 year 
                                 ending 
                                 Septemb
                                 er 30, 
                                 2024, 
                                 and 
                                 for 
                                 other 
                                 purpose
                                 s; 
                                 which 
                                 was 
                                 ordered
                                  to 
                                 lie on 
                                 the 
                                 table; 
                                 as 
                                 follows
                                 :_____
                                 

       At the end of division A, insert the following:

                                TITLE IV

   CONGRESSIONAL REVIEW OF RULEMAKING BY THE DEPARTMENT OF VETERANS 
                                AFFAIRS

     SEC. 401. CONGRESSIONAL REVIEW. (A)(1)(A) BEFORE A RULE OF 
                   THE DEPARTMENT MAY TAKE EFFECT, THE DEPARTMENT 
                   SHALL PUBLISH IN THE FEDERAL REGISTER A LIST OF 
                   INFORMATION ON WHICH THE RULE IS BASED, 
                   INCLUDING DATA, SCIENTIFIC AND ECONOMIC 
                   STUDIES, AND COST-BENEFIT ANALYSES, AND 
                   IDENTIFY HOW THE PUBLIC CAN ACCESS SUCH 
                   INFORMATION ONLINE, AND SHALL SUBMIT TO EACH 
                   HOUSE OF THE CONGRESS AND TO THE COMPTROLLER 
                   GENERAL A REPORT CONTAINING--

       (i) a copy of the rule;
       (ii) a concise general statement relating to the rule;
       (iii) a classification of the rule as a major or nonmajor 
     rule, including an explanation of the classification 
     specifically addressing each criteria for a major rule 
     contained within subparagraphs (A) through (C) of section 
     404(2);
       (iv) a list of any other related regulatory actions 
     intended to implement the same statutory provision or 
     regulatory objective as well as the individual and aggregate 
     economic effects of those actions; and
       (v) the proposed effective date of the rule.
       (B) On the date of the submission of the report under 
     subparagraph (A), the Department shall submit to the 
     Comptroller General and make available to each House of 
     Congress--
       (i) a complete copy of the cost-benefit analysis of the 
     rule, if any, including an analysis of any jobs added or 
     lost, differentiating between public and private sector jobs;
       (ii) the Department's actions pursuant to sections 603, 
     604, 605, 607, and 609 of title 5, United States Code;
       (iii) the Department's actions pursuant to sections 202, 
     203, 204, and 205 of the Unfunded Mandates Reform Act of 
     1995;
       (iv) an estimate of the effect on inflation of the rule; 
     and
       (v) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       (C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       (D) If requested in writing by a member of Congress--
       (i) the Comptroller General shall make a determination 
     whether an agency action qualifies as a rule for purposes of 
     this chapter, and shall submit to Congress this determination 
     not later than 60 days after the date of the request; and
       (ii) the Comptroller General, in consultation with the 
     Director of the Congressional Budget Office, shall make a 
     determination whether a rule is considered a major rule under 
     the provisions of this act, and shall submit to Congress this 
     determination not later than 90 days after the date of the 
     request.
       For purposes of this section, a determination under this 
     subparagraph shall be deemed to be a report under 
     subparagraph (A).
       (2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date. 
     The report of the Comptroller General shall include an 
     assessment of the Department's compliance with procedural 
     steps required by paragraph (1)(B) and an assessment of 
     whether the major rule imposes

[[Page S4413]]

     any new limits or mandates on private-sector activity.
       (B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       (3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 402 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 402, whichever is 
     later.
       (4) A nonmajor rule shall take effect as provided by 
     section 403 after submission to Congress under paragraph (1).
       (5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this title in the same 
     Congress by either the House of Representatives or the 
     Senate.
       (b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 402.
       (2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in subsection (a)(1)(A) is 
     received by Congress (excluding days either House of Congress 
     is adjourned for more than 3 days during a session of 
     Congress), then the rule described in that resolution shall 
     be deemed not to be approved and such rule shall not take 
     effect.
       (c)(1) Notwithstanding any other provision of this section 
     (except subject to paragraph (3)), a major rule may take 
     effect for one 90-calendar-day period if the President makes 
     a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       (2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       (A) necessary because of an imminent threat to health or 
     safety or other emergency;
       (B) necessary for the enforcement of criminal laws;
       (C) necessary for national security; or
       (D) issued pursuant to any statute implementing an 
     international trade agreement.
       (3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 402.
       (d)(1) In addition to the opportunity for review otherwise 
     provided under this title, in the case of any rule for which 
     a report was submitted in accordance with subsection 
     (a)(1)(A) during the period beginning on the date occurring--
       (A) in the case of the Senate, 60 session days; or
       (B) in the case of the House of Representatives, 60 
     legislative days,
     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     402 and 403 shall apply to such rule in the succeeding 
     session of Congress.
       (2)(A) In applying sections 402 and 403 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       (i) such rule were published in the Federal Register on--
       (I) in the case of the Senate, the 15th session day; or
       (II) in the case of the House of Representatives, the 15th 
     legislative day,
     after the succeeding session of Congress first convenes; and
       (ii) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (B) Nothing in this paragraph shall be construed to affect 
     the requirement under subsection (a)(1) that a report shall 
     be submitted to Congress before a rule can take effect.
       (3) A rule described under paragraph (1) shall take effect 
     as otherwise provided by law (including other subsections of 
     this section).

     SEC. 402. CONGRESSIONAL APPROVAL PROCEDURE FOR MAJOR RULES. 
                   (A)(1) FOR PURPOSES OF THIS SECTION, THE TERM 
                   ``JOINT RESOLUTION'' MEANS ONLY A JOINT 
                   RESOLUTION ADDRESSING A REPORT CLASSIFYING A 
                   RULE AS MAJOR PURSUANT TO SECTION 
                   401(A)(1)(A)(III) THAT--

       (A) bears no preamble;
       (B) bears the following title (with blanks filled as 
     appropriate): ``Approving the rule submitted by ___ relating 
     to ___.'';
       (C) includes after its resolving clause only the following 
     (with blanks filled as appropriate): ``That Congress approves 
     the rule submitted by ___ relating to ___.''; and
       (D) is introduced pursuant to paragraph (2).
       (2) After a House of Congress receives a report classifying 
     a rule as major pursuant to section 401(a)(1)(A)(iii), the 
     majority leader of that House (or his or her respective 
     designee) shall introduce (by request, if appropriate) a 
     joint resolution described in paragraph (1)--
       (A) in the case of the House of Representatives, within 3 
     legislative days; and
       (B) in the case of the Senate, within 3 session days.
       (3) A joint resolution described in paragraph (1) shall not 
     be subject to amendment at any stage of proceeding.
       (b) A joint resolution described in subsection (a) shall be 
     referred in each House of Congress to the committees having 
     jurisdiction over the provision of law under which the rule 
     is issued.
       (c) In the Senate, if the committee or committees to which 
     a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       (d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       (2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       (3) In the Senate, immediately following the conclusion of 
     the debate on a joint resolution described in subsection (a), 
     and a single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       (4) Appeals from the decisions of the Chair relating to the 
     application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       (e) In the House of Representatives, if any committee to 
     which a joint resolution described in subsection (a) has been 
     referred has not reported it to the House at the end of 15 
     legislative days after its introduction, such committee shall 
     be discharged from further consideration of the joint 
     resolution, and it shall be placed on the appropriate 
     calendar. On the second and fourth Thursdays of each month it 
     shall be in order at any time for the Speaker to recognize a 
     Member who favors passage of a joint resolution that has 
     appeared on the calendar for at least 5 legislative days to 
     call up that joint resolution for immediate consideration in 
     the House without intervention of any point of order. When so 
     called up a joint resolution shall be considered as read and 
     shall be debatable for 1 hour equally divided and controlled 
     by the proponent and an opponent, and the previous question 
     shall be considered as ordered to its passage without 
     intervening motion. It shall not be in order to reconsider 
     the vote on passage. If a vote on final passage of the joint 
     resolution has not been taken by the third Thursday on which 
     the Speaker may recognize a Member under this subsection, 
     such vote shall be taken on that day.
       (f)(1) If, before passing a joint resolution described in 
     subsection (a), one House receives from the other a joint 
     resolution having the same text, then--
       (A) the joint resolution of the other House shall not be 
     referred to a committee; and
       (B) the procedure in the receiving House shall be the same 
     as if no joint resolution had been received from the other 
     House until the vote on passage, when the joint resolution 
     received from the other House shall supplant the joint 
     resolution of the receiving House.
       (2) This subsection shall not apply to the House of 
     Representatives if the joint resolution received from the 
     Senate is a revenue measure.
       (g) If either House has not taken a vote on final passage 
     of the joint resolution by the last day of the period 
     described in section 401(b)(2), then such vote shall be taken 
     on that day.
       (h) This section and section 403 are enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such are 
     deemed to be part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution 
     described in subsection (a) and superseding other rules only 
     where explicitly so; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner 
     and to the same extent as in the case of any other rule of 
     that House.

[[Page S4414]]

  


     SEC. 403. CONGRESSIONAL DISAPPROVAL PROCEDURE FOR NONMAJOR 
                   RULES. (A) FOR PURPOSES OF THIS SECTION, THE 
                   TERM ``JOINT RESOLUTION'' MEANS ONLY A JOINT 
                   RESOLUTION INTRODUCED IN THE PERIOD BEGINNING 
                   ON THE DATE ON WHICH THE REPORT REFERRED TO IN 
                   SECTION 401(A)(1)(A) IS RECEIVED BY CONGRESS 
                   AND ENDING 60 DAYS THEREAFTER (EXCLUDING DAYS 
                   EITHER HOUSE OF CONGRESS IS ADJOURNED FOR MORE 
                   THAN 3 DAYS DURING A SESSION OF CONGRESS), THE 
                   MATTER AFTER THE RESOLVING CLAUSE OF WHICH IS 
                   AS FOLLOWS: ``THAT CONGRESS DISAPPROVES THE 
                   NONMAJOR RULE SUBMITTED BY THE ___ RELATING TO 
                   ___, AND SUCH RULE SHALL HAVE NO FORCE OR 
                   EFFECT.'' (THE BLANK SPACES BEING APPROPRIATELY 
                   FILLED IN).

       (b) A joint resolution described in subsection (a) shall be 
     referred to the committees in each House of Congress with 
     jurisdiction.
       (c) In the Senate, if the committee to which is referred a 
     joint resolution described in subsection (a) has not reported 
     such joint resolution (or an identical joint resolution) at 
     the end of 15 session days after the date of introduction of 
     the joint resolution, such committee may be discharged from 
     further consideration of such joint resolution upon a 
     petition supported in writing by 30 Members of the Senate, 
     and such joint resolution shall be placed on the calendar.
       (d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       (2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       (3) In the Senate, immediately following the conclusion of 
     the debate on a joint resolution described in subsection (a), 
     and a single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       (4) Appeals from the decisions of the Chair relating to the 
     application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       (e) In the Senate, the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       (1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date; or
       (2) if the report under section 401(a)(1)(A) was submitted 
     during the period referred to in section 401(c)(1), after the 
     expiration of the 60 session days beginning on the 15th 
     session day after the succeeding session of Congress first 
     convenes.
       (f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       (1) The joint resolution of the other House shall not be 
     referred to a committee.
       (2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       (A) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (B) the vote on final passage shall be on the joint 
     resolution of the other House.

     SEC. 404. DEFINITIONS. FOR PURPOSES OF THIS TITLE:

       (1) The term ``Department'' means the Department of 
     Veterans Affairs.
       (2) The term ``major rule'' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget finds has resulted in or is likely to 
     result in--
       (A) an annual effect on the economy of $100,000,000 or 
     more;
       (B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions;
       (C) significant adverse effects on competition, employment, 
     investment, productivity, innovation, or the ability of 
     United States-based enterprises to compete with foreign-based 
     enterprises in domestic and export markets; or
       (D) in increase in mandatory vaccinations.
       (3) The term ``nonmajor rule'' means any rule that is not a 
     major rule.
       (4) The term ``rule'' means a rule, as defined in section 
     551 of title 5, United States, issued by the Department under 
     title II of this division, except that such term--
       (A) includes interpretive rules, general statements of 
     policy, and all other agency guidance documents; and
       (B) does not include--
       (i) any rule of particular applicability, including a rule 
     that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefore, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing;
       (ii) any rule relating to agency management or personnel; 
     or
       (iii) any rule of agency organization, procedure, or 
     practice that does not substantially affect the rights or 
     obligations of non-agency parties.
       (5) The term ``submission or publication date'', except as 
     otherwise provided in this title, means--
       (A) in the case of a major rule, the date on which the 
     Congress receives the report submitted under section 
     401(a)(1); and
       (B) in the case of a nonmajor rule, the later of--
       (i) the date on which the Congress receives the report 
     submitted under section 401(a)(1); and
       (ii) the date on which the nonmajor rule is published in 
     the Federal Register, if so published.

     SEC. 405. JUDICIAL REVIEW. (A) NO DETERMINATION, FINDING, 
                   ACTION, OR OMISSION UNDER THIS TITLE SHALL BE 
                   SUBJECT TO JUDICIAL REVIEW.

       (b) Notwithstanding subsection (a), a court may determine 
     whether the Department has completed the necessary 
     requirements under this title for a rule to take effect.
       (c) The enactment of a joint resolution of approval under 
     section 402 shall not be interpreted to serve as a grant or 
     modification of statutory authority by Congress for the 
     promulgation of a rule, shall not extinguish or affect any 
     claim, whether substantive or procedural, against any alleged 
     defect in a rule, and shall not form part of the record 
     before the court in any judicial proceeding concerning a rule 
     except for purposes of determining whether or not the rule is 
     in effect.

     SEC. 406. EXEMPTION FOR MONETARY POLICY. NOTHING IN THIS 
                   TITLE SHALL APPLY TO RULES THAT CONCERN 
                   MONETARY POLICY PROPOSED OR IMPLEMENTED BY THE 
                   BOARD OF GOVERNORS OF THE FEDERAL RESERVE 
                   SYSTEM OR THE FEDERAL OPEN MARKET COMMITTEE.

     SEC. 407. EFFECTIVE DATE OF CERTAIN RULES. NOTWITHSTANDING 
                   SECTION 401--

       (1) any rule that establishes, modifies, opens, closes, or 
     conducts a regulatory program for a commercial, recreational, 
     or subsistence activity related to hunting, fishing, or 
     camping; or
       (2) any rule other than a major rule which the Department 
     for good cause finds (and incorporates the finding and a 
     brief statement of reasons therefore in the rule issued) that 
     notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,
     shall take effect at such time as the Department determines.

     SEC. 408. REVIEW OF RULES CURRENTLY IN EFFECT. (A) BEGINNING 
                   ON THE DATE THAT IS 6 MONTHS AFTER THE DATE OF 
                   ENACTMENT OF THIS SECTION AND ANNUALLY 
                   THEREAFTER FOR THE 4 YEARS FOLLOWING, THE 
                   DEPARTMENT SHALL DESIGNATE NOT LESS THAN 20 
                   PERCENT OF ELIGIBLE RULES MADE BY THE 
                   DEPARTMENT FOR REVIEW, AND SHALL SUBMIT A 
                   REPORT INCLUDING EACH SUCH ELIGIBLE RULE IN THE 
                   SAME MANNER AS A REPORT UNDER SECTION 
                   401(A)(1). SECTION 401, SECTION 402, AND 
                   SECTION 403 SHALL APPLY TO EACH SUCH RULE, 
                   SUBJECT TO SUBSECTION (C) OF THIS SECTION. NO 
                   ELIGIBLE RULE PREVIOUSLY DESIGNATED MAY BE 
                   DESIGNATED AGAIN.

       (b) Beginning after the date that is 5 years after the date 
     of enactment of this section, if Congress has not enacted a 
     joint resolution of approval for that eligible rule, that 
     eligible rule shall not continue in effect.
       (c)(1) Unless Congress approves all eligible rules 
     designated by the Department for review within 90 days of 
     designation, they shall have no effect.
       (2) A single joint resolution of approval shall apply to 
     all eligible rules in a report designated for a year as 
     follows: ``That Congress approves the rules submitted by 
     the___ for the year ___.'' (The blank spaces being 
     appropriately filled in).
       (3) A member of either House may move that a separate joint 
     resolution be required for a specified rule.
       (d) In this section, the term ``eligible rule'' means a 
     rule that is in effect as of the date of enactment of this 
     section.

     SEC. 409. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 
                   OF TITLE 5, UNITED STATES CODE. SECTION 
                   257(B)(2) OF THE BALANCED BUDGET AND EMERGENCY 
                   DEFICIT CONTROL ACT OF 1985 (2 U.S.C. 
                   907(B)(2)) IS AMENDED BY ADDING AT THE END THE 
                   FOLLOWING NEW SUBPARAGRAPH:

       ``(E) Budgetary effects of rules subject to section 2 of 
     title 5, united states code.--Any rule subject to the 
     congressional approval procedure set forth in section 2 of 
     chapter 8 of title 5, United States Code, affecting budget 
     authority, outlays, or receipts shall be assumed to be 
     effective unless it is not approved in accordance with such 
     section.''.

     SEC. 410. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES. 
                   (A) THE COMPTROLLER GENERAL OF THE UNITED 
                   STATES SHALL CONDUCT A STUDY TO DETERMINE, AS 
                   OF THE DATE OF THE ENACTMENT OF THIS ACT--

       (1) how many rules (as such term is defined in section 804 
     of title 5, United States Code) were in effect;

[[Page S4415]]

       (2) how many major rules (as such term is defined in 
     section 804 of title 5, United States Code) were in effect; 
     and
       (3) the total estimated economic cost imposed by all such 
     rules.
       (b) Not later than 1 year after the date of the enactment 
     of this Act, the Comptroller General of the United States 
     shall submit a report (and publish the report on the website 
     of the Comptroller General) to Congress that contains the 
     findings of the study conducted under subsection (a).
                                   ____
                                 
  SA 1127. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 106 of the amendment, line 9, strike ``40 
     percent'' and insert ``30 percent''.
                                   ____
                                 
  SA 1128. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of division A, insert the following:

                                TITLE IV

    CONGRESSIONAL REVIEW OF RULEMAKING BY THE DEPARTMENT OF DEFENSE

     SEC. 401. CONGRESSIONAL REVIEW. (A)(1)(A) BEFORE A RULE OF 
                   THE DEPARTMENT MAY TAKE EFFECT, THE DEPARTMENT 
                   SHALL PUBLISH IN THE FEDERAL REGISTER A LIST OF 
                   INFORMATION ON WHICH THE RULE IS BASED, 
                   INCLUDING DATA, SCIENTIFIC AND ECONOMIC 
                   STUDIES, AND COST-BENEFIT ANALYSES, AND 
                   IDENTIFY HOW THE PUBLIC CAN ACCESS SUCH 
                   INFORMATION ONLINE, AND SHALL SUBMIT TO EACH 
                   HOUSE OF THE CONGRESS AND TO THE COMPTROLLER 
                   GENERAL A REPORT CONTAINING--

       (i) a copy of the rule;
       (ii) a concise general statement relating to the rule;
       (iii) a classification of the rule as a major or nonmajor 
     rule, including an explanation of the classification 
     specifically addressing each criteria for a major rule 
     contained within subparagraphs (A) through (C) of section 
     404(2);
       (iv) a list of any other related regulatory actions 
     intended to implement the same statutory provision or 
     regulatory objective as well as the individual and aggregate 
     economic effects of those actions; and
       (v) the proposed effective date of the rule.
       (B) On the date of the submission of the report under 
     subparagraph (A), the Department shall submit to the 
     Comptroller General and make available to each House of 
     Congress--
       (i) a complete copy of the cost-benefit analysis of the 
     rule, if any, including an analysis of any jobs added or 
     lost, differentiating between public and private sector jobs;
       (ii) the Department's actions pursuant to sections 603, 
     604, 605, 607, and 609 of title 5, United States Code;
       (iii) the Department's actions pursuant to sections 202, 
     203, 204, and 205 of the Unfunded Mandates Reform Act of 
     1995;
       (iv) an estimate of the effect on inflation of the rule; 
     and
       (v) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       (C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       (D) If requested in writing by a member of Congress--
       (i) the Comptroller General shall make a determination 
     whether an agency action qualifies as a rule for purposes of 
     this chapter, and shall submit to Congress this determination 
     not later than 60 days after the date of the request; and
       (ii) the Comptroller General, in consultation with the 
     Director of the Congressional Budget Office, shall make a 
     determination whether a rule is considered a major rule under 
     the provisions of this act, and shall submit to Congress this 
     determination not later than 90 days after the date of the 
     request.
       For purposes of this section, a determination under this 
     subparagraph shall be deemed to be a report under 
     subparagraph (A).
       (2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date. 
     The report of the Comptroller General shall include an 
     assessment of the Department's compliance with procedural 
     steps required by paragraph (1)(B) and an assessment of 
     whether the major rule imposes any new limits or mandates on 
     private-sector activity.
       (B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       (3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 402 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 402, whichever is 
     later.
       (4) A nonmajor rule shall take effect as provided by 
     section 403 after submission to Congress under paragraph (1).
       (5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this title in the same 
     Congress by either the House of Representatives or the 
     Senate.
       (b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 402.
       (2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in subsection (a)(1)(A) is 
     received by Congress (excluding days either House of Congress 
     is adjourned for more than 3 days during a session of 
     Congress), then the rule described in that resolution shall 
     be deemed not to be approved and such rule shall not take 
     effect.
       (c)(1) Notwithstanding any other provision of this section 
     (except subject to paragraph (3)), a major rule may take 
     effect for one 90-calendar-day period if the President makes 
     a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       (2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       (A) necessary because of an imminent threat to health or 
     safety or other emergency;
       (B) necessary for the enforcement of criminal laws;
       (C) necessary for national security; or
       (D) issued pursuant to any statute implementing an 
     international trade agreement.
       (3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 402.
       (d)(1) In addition to the opportunity for review otherwise 
     provided under this title, in the case of any rule for which 
     a report was submitted in accordance with subsection 
     (a)(1)(A) during the period beginning on the date occurring--
       (A) in the case of the Senate, 60 session days; or
       (B) in the case of the House of Representatives, 60 
     legislative days,
     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     402 and 403 shall apply to such rule in the succeeding 
     session of Congress.
       (2)(A) In applying sections 402 and 403 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       (i) such rule were published in the Federal Register on--
       (I) in the case of the Senate, the 15th session day; or
       (II) in the case of the House of Representatives, the 15th 
     legislative day,
     after the succeeding session of Congress first convenes; and
       (ii) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (B) Nothing in this paragraph shall be construed to affect 
     the requirement under subsection (a)(1) that a report shall 
     be submitted to Congress before a rule can take effect.
       (3) A rule described under paragraph (1) shall take effect 
     as otherwise provided by law (including other subsections of 
     this section).

     SEC. 402. CONGRESSIONAL APPROVAL PROCEDURE FOR MAJOR RULES. 
                   (A)(1) FOR PURPOSES OF THIS SECTION, THE TERM 
                   ``JOINT RESOLUTION'' MEANS ONLY A JOINT 
                   RESOLUTION ADDRESSING A REPORT CLASSIFYING A 
                   RULE AS MAJOR PURSUANT TO SECTION 
                   401(A)(1)(A)(III) THAT--

       (A) bears no preamble;
       (B) bears the following title (with blanks filled as 
     appropriate): ``Approving the rule submitted by ___ relating 
     to ___.'';
       (C) includes after its resolving clause only the following 
     (with blanks filled as appropriate): ``That Congress approves 
     the rule submitted by ___ relating to ___.''; and
       (D) is introduced pursuant to paragraph (2).
       (2) After a House of Congress receives a report classifying 
     a rule as major pursuant to section 401(a)(1)(A)(iii), the 
     majority leader of that House (or his or her respective 
     designee) shall introduce (by request, if appropriate) a 
     joint resolution described in paragraph (1)--
       (A) in the case of the House of Representatives, within 3 
     legislative days; and
       (B) in the case of the Senate, within 3 session days.
       (3) A joint resolution described in paragraph (1) shall not 
     be subject to amendment at any stage of proceeding.
       (b) A joint resolution described in subsection (a) shall be 
     referred in each House of

[[Page S4416]]

     Congress to the committees having jurisdiction over the 
     provision of law under which the rule is issued.
       (c) In the Senate, if the committee or committees to which 
     a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       (d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       (2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       (3) In the Senate, immediately following the conclusion of 
     the debate on a joint resolution described in subsection (a), 
     and a single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       (4) Appeals from the decisions of the Chair relating to the 
     application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       (e) In the House of Representatives, if any committee to 
     which a joint resolution described in subsection (a) has been 
     referred has not reported it to the House at the end of 15 
     legislative days after its introduction, such committee shall 
     be discharged from further consideration of the joint 
     resolution, and it shall be placed on the appropriate 
     calendar. On the second and fourth Thursdays of each month it 
     shall be in order at any time for the Speaker to recognize a 
     Member who favors passage of a joint resolution that has 
     appeared on the calendar for at least 5 legislative days to 
     call up that joint resolution for immediate consideration in 
     the House without intervention of any point of order. When so 
     called up a joint resolution shall be considered as read and 
     shall be debatable for 1 hour equally divided and controlled 
     by the proponent and an opponent, and the previous question 
     shall be considered as ordered to its passage without 
     intervening motion. It shall not be in order to reconsider 
     the vote on passage. If a vote on final passage of the joint 
     resolution has not been taken by the third Thursday on which 
     the Speaker may recognize a Member under this subsection, 
     such vote shall be taken on that day.
       (f)(1) If, before passing a joint resolution described in 
     subsection (a), one House receives from the other a joint 
     resolution having the same text, then--
       (A) the joint resolution of the other House shall not be 
     referred to a committee; and
       (B) the procedure in the receiving House shall be the same 
     as if no joint resolution had been received from the other 
     House until the vote on passage, when the joint resolution 
     received from the other House shall supplant the joint 
     resolution of the receiving House.
       (2) This subsection shall not apply to the House of 
     Representatives if the joint resolution received from the 
     Senate is a revenue measure.
       (g) If either House has not taken a vote on final passage 
     of the joint resolution by the last day of the period 
     described in section 401(b)(2), then such vote shall be taken 
     on that day.
       (h) This section and section 403 are enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such are 
     deemed to be part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution 
     described in subsection (a) and superseding other rules only 
     where explicitly so; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. 403. CONGRESSIONAL DISAPPROVAL PROCEDURE FOR NONMAJOR 
                   RULES. (A) FOR PURPOSES OF THIS SECTION, THE 
                   TERM ``JOINT RESOLUTION'' MEANS ONLY A JOINT 
                   RESOLUTION INTRODUCED IN THE PERIOD BEGINNING 
                   ON THE DATE ON WHICH THE REPORT REFERRED TO IN 
                   SECTION 401(A)(1)(A) IS RECEIVED BY CONGRESS 
                   AND ENDING 60 DAYS THEREAFTER (EXCLUDING DAYS 
                   EITHER HOUSE OF CONGRESS IS ADJOURNED FOR MORE 
                   THAN 3 DAYS DURING A SESSION OF CONGRESS), THE 
                   MATTER AFTER THE RESOLVING CLAUSE OF WHICH IS 
                   AS FOLLOWS: ``THAT CONGRESS DISAPPROVES THE 
                   NONMAJOR RULE SUBMITTED BY THE ___ RELATING TO 
                   ___, AND SUCH RULE SHALL HAVE NO FORCE OR 
                   EFFECT.'' (THE BLANK SPACES BEING APPROPRIATELY 
                   FILLED IN).

       (b) A joint resolution described in subsection (a) shall be 
     referred to the committees in each House of Congress with 
     jurisdiction.
       (c) In the Senate, if the committee to which is referred a 
     joint resolution described in subsection (a) has not reported 
     such joint resolution (or an identical joint resolution) at 
     the end of 15 session days after the date of introduction of 
     the joint resolution, such committee may be discharged from 
     further consideration of such joint resolution upon a 
     petition supported in writing by 30 Members of the Senate, 
     and such joint resolution shall be placed on the calendar.
       (d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       (2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       (3) In the Senate, immediately following the conclusion of 
     the debate on a joint resolution described in subsection (a), 
     and a single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       (4) Appeals from the decisions of the Chair relating to the 
     application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       (e) In the Senate, the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       (1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date; or
       (2) if the report under section 401(a)(1)(A) was submitted 
     during the period referred to in section 401(c)(1), after the 
     expiration of the 60 session days beginning on the 15th 
     session day after the succeeding session of Congress first 
     convenes.
       (f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       (1) The joint resolution of the other House shall not be 
     referred to a committee.
       (2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       (A) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (B) the vote on final passage shall be on the joint 
     resolution of the other House.

     SEC. 404. DEFINITIONS. FOR PURPOSES OF THIS TITLE:

       (1) The term ``Department'' means the Department of 
     Defense.
       (2) The term ``major rule'' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget finds has resulted in or is likely to 
     result in--
       (A) an annual effect on the economy of $100,000,000 or 
     more;
       (B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions;
       (C) significant adverse effects on competition, employment, 
     investment, productivity, innovation, or the ability of 
     United States-based enterprises to compete with foreign-based 
     enterprises in domestic and export markets; or
       (D) in increase in mandatory vaccinations.
       (3) The term ``nonmajor rule'' means any rule that is not a 
     major rule.
       (4) The term ``rule'' means a rule, as defined in section 
     551 of title 5, United States,

[[Page S4417]]

     issued by the Department under title I of this division, 
     except that such term--
       (A) includes interpretive rules, general statements of 
     policy, and all other agency guidance documents; and
       (B) does not include--
       (i) any rule of particular applicability, including a rule 
     that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefore, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing;
       (ii) any rule relating to agency management or personnel; 
     or
       (iii) any rule of agency organization, procedure, or 
     practice that does not substantially affect the rights or 
     obligations of non-agency parties.
       (5) The term ``submission or publication date'', except as 
     otherwise provided in this title, means--
       (A) in the case of a major rule, the date on which the 
     Congress receives the report submitted under section 
     401(a)(1); and
       (B) in the case of a nonmajor rule, the later of--
       (i) the date on which the Congress receives the report 
     submitted under section 401(a)(1); and
       (ii) the date on which the nonmajor rule is published in 
     the Federal Register, if so published.

     SEC. 405. JUDICIAL REVIEW. (A) NO DETERMINATION, FINDING, 
                   ACTION, OR OMISSION UNDER THIS TITLE SHALL BE 
                   SUBJECT TO JUDICIAL REVIEW.

       (b) Notwithstanding subsection (a), a court may determine 
     whether the Department has completed the necessary 
     requirements under this title for a rule to take effect.
       (c) The enactment of a joint resolution of approval under 
     section 402 shall not be interpreted to serve as a grant or 
     modification of statutory authority by Congress for the 
     promulgation of a rule, shall not extinguish or affect any 
     claim, whether substantive or procedural, against any alleged 
     defect in a rule, and shall not form part of the record 
     before the court in any judicial proceeding concerning a rule 
     except for purposes of determining whether or not the rule is 
     in effect.

     SEC. 406. EXEMPTION FOR MONETARY POLICY. NOTHING IN THIS 
                   TITLE SHALL APPLY TO RULES THAT CONCERN 
                   MONETARY POLICY PROPOSED OR IMPLEMENTED BY THE 
                   BOARD OF GOVERNORS OF THE FEDERAL RESERVE 
                   SYSTEM OR THE FEDERAL OPEN MARKET COMMITTEE.

     SEC. 407. EFFECTIVE DATE OF CERTAIN RULES. NOTWITHSTANDING 
                   SECTION 401--

       (1) any rule that establishes, modifies, opens, closes, or 
     conducts a regulatory program for a commercial, recreational, 
     or subsistence activity related to hunting, fishing, or 
     camping; or
       (2) any rule other than a major rule which the Department 
     for good cause finds (and incorporates the finding and a 
     brief statement of reasons therefore in the rule issued) that 
     notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,
     shall take effect at such time as the Department determines.

     SEC. 408. REVIEW OF RULES CURRENTLY IN EFFECT. (A) BEGINNING 
                   ON THE DATE THAT IS 6 MONTHS AFTER THE DATE OF 
                   ENACTMENT OF THIS SECTION AND ANNUALLY 
                   THEREAFTER FOR THE 4 YEARS FOLLOWING, THE 
                   DEPARTMENT SHALL DESIGNATE NOT LESS THAN 20 
                   PERCENT OF ELIGIBLE RULES MADE BY THE 
                   DEPARTMENT FOR REVIEW, AND SHALL SUBMIT A 
                   REPORT INCLUDING EACH SUCH ELIGIBLE RULE IN THE 
                   SAME MANNER AS A REPORT UNDER SECTION 
                   401(A)(1). SECTION 401, SECTION 402, AND 
                   SECTION 403 SHALL APPLY TO EACH SUCH RULE, 
                   SUBJECT TO SUBSECTION (C) OF THIS SECTION. NO 
                   ELIGIBLE RULE PREVIOUSLY DESIGNATED MAY BE 
                   DESIGNATED AGAIN.

       (b) Beginning after the date that is 5 years after the date 
     of enactment of this section, if Congress has not enacted a 
     joint resolution of approval for that eligible rule, that 
     eligible rule shall not continue in effect.
       (c)(1) Unless Congress approves all eligible rules 
     designated by the Department for review within 90 days of 
     designation, they shall have no effect.
       (2) A single joint resolution of approval shall apply to 
     all eligible rules in a report designated for a year as 
     follows: ``That Congress approves the rules submitted by 
     the___ for the year ___.'' (The blank spaces being 
     appropriately filled in).
       (3) A member of either House may move that a separate joint 
     resolution be required for a specified rule.
       (d) In this section, the term ``eligible rule'' means a 
     rule that is in effect as of the date of enactment of this 
     section.

     SEC. 409. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 
                   OF TITLE 5, UNITED STATES CODE. SECTION 
                   257(B)(2) OF THE BALANCED BUDGET AND EMERGENCY 
                   DEFICIT CONTROL ACT OF 1985 (2 U.S.C. 
                   907(B)(2)) IS AMENDED BY ADDING AT THE END THE 
                   FOLLOWING NEW SUBPARAGRAPH:

       ``(E) Budgetary effects of rules subject to section 2 of 
     title 5, united states code.--Any rule subject to the 
     congressional approval procedure set forth in section 2 of 
     chapter 8 of title 5, United States Code, affecting budget 
     authority, outlays, or receipts shall be assumed to be 
     effective unless it is not approved in accordance with such 
     section.''.

     SEC. 410. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES. 
                   (A) THE COMPTROLLER GENERAL OF THE UNITED 
                   STATES SHALL CONDUCT A STUDY TO DETERMINE, AS 
                   OF THE DATE OF THE ENACTMENT OF THIS ACT--

       (1) how many rules (as such term is defined in section 804 
     of title 5, United States Code) were in effect;
       (2) how many major rules (as such term is defined in 
     section 804 of title 5, United States Code) were in effect; 
     and
       (3) the total estimated economic cost imposed by all such 
     rules.
       (b) Not later than 1 year after the date of the enactment 
     of this Act, the Comptroller General of the United States 
     shall submit a report (and publish the report on the website 
     of the Comptroller General) to Congress that contains the 
     findings of the study conducted under subsection (a).
                                   ____
                                 
  SA 1129. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division B, insert the 
     following:
       Sec. ___.  The Secretary of Agriculture, in coordination 
     with the Administrator of the Federal Emergency Management 
     Agency, shall coordinate food benefit allotments under 
     section 412 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5179) and section 5(h) of 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)) with 
     respect to individuals and households adversely affected by a 
     major disaster to minimize delays in receiving temporary food 
     assistance, improve information sharing, and prevent 
     redundancy of assistance.
                                   ____
                                 
  SA 1130. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title II of division A, add the following:

     SEC. 261. REPORT ON RIDESHARING PROGRAM OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Veterans 
     shall submit to the appropriate committees of Congress a 
     report containing the following:
       (1) An analysis of available data on the impact on homeless 
     veterans from ending the expanded use of the ridesharing 
     program of the Department of Veterans Affairs that took place 
     during the COVID-19 pandemic.
       (2) An estimate of the cost to reinstate the expanded use 
     of the program described in paragraph (1) and an 
     identification of any logistical issues associated with doing 
     so.
       (b) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the Senate; and
       (2) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the House of Representatives.
                                   ____
                                 
  SA 1131. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:
        At the appropriate place in division A, insert the 
     following:

     SEC. ___. REPORT ON USE OF THIRD-PARTY CONTRACTORS TO CONDUCT 
                   MEDICAL DISABILITY EXAMINATIONS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Veterans 
     shall submit to the appropriate committees of Congress a 
     report on the use of third-party contractors to conduct 
     medical disability examinations of veterans for purposes of 
     obtaining compensation under laws administered by the 
     Secretary of Veterans Affairs.
       (b) Contents.--The report submitted pursuant to subsection 
     (a) shall include the following:
       (1) The number of contractors described in subsection (a) 
     in each State who are used as described in such subsection.
       (2) The requirements for performance and quality in the 
     contracts governing the use described in subsection (a), 
     including qualifications contractors described in such 
     subsection are required meet for such uses.
       (3) The average milage veterans described in subsection (a) 
     are required to travel to attend a contract medical 
     disability examination described in such subsection, 
     disaggregated by state;
       (4) The number of veterans described in paragraph (3) who 
     are required to travel beyond the mileage requirement in a 
     contract described in paragraph (2).

[[Page S4418]]

       (5) A description of the process at the Department for 
     handling complaints of veterans about the use of contractors 
     as described in subsection (a).
       (c) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the House of Representatives.

                    AUTHORITY FOR COMMITTEES TO MEET

  Mr. WHITEHOUSE. Madam President, I have eight requests for committees 
to meet during today's session of the Senate. They have the approval of 
the Majority and Minority Leaders.
  Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the 
Senate, the following committees are authorized to meet during today's 
session of the Senate:


                      COMMITTEE ON ARMED SERVICES

  The Committee on Armed Services is authorized to meet during the 
session of the Senate on Tuesday, September 12, 2023, at 9:30 a.m., to 
conduct a hearing on a nomination.


            COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

  The Committee on Banking, Housing, and Urban Affairs is authorized to 
meet during the session of the Senate on Tuesday, September 12, 2023, 
at 10 a.m., to conduct a hearing.


           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

  The Committee on Commerce, Science, and Transportation is authorized 
to meet during the session of the Senate on Tuesday, September 12, 
2023, at 2:30 p.m., to conduct a subcommittee hearing.


        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

  The Committee on Homeland Security and Governmental Affairs is 
authorized to meet during the session of the Senate on Tuesday, 
September 12, 2023, at 10:45 a.m., to conduct a business meeting.


                       COMMITTEE ON THE JUDICIARY

  The Committee on The Judiciary is authorized to meet during the 
session of the Senate on Tuesday, September 12, 2023, at 10 a.m., to 
conduct a hearing .


                       COMMITTEE ON THE JUDICIARY

  The Committee on The Judiciary is authorized to meet during the 
session of the Senate on Tuesday, September 12, 2023, at 2:30 p.m., to 
conduct a hearing.


                    SELECT COMMITTEE ON INTELLIGENCE

  The Select Committee on Intelligence is authorized to meet during the 
session of the Senate on Tuesday, September 12, 2023, at 2:30 p.m., to 
conduct a closed briefing.


   SUBCOMMITTEE ON HOUSING, TRANSPORTATION, AND COMMUNITY DEVELOPMENT

  The Subcommittee on Housing, Transportation, and Community 
Development of the Committee on Banking, Housing, and Urban Affairs is 
authorized to meet during the session of the Senate on Tuesday, 
September 12, 2023, at 2:30 p.m., to conduct a hybrid hearing.
  The ACTING PRESIDENT pro tempore. The Senator from Rhode Island.

                          ____________________