[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.
____________________