[Congressional Record Volume 169, Number 147 (Tuesday, September 12, 2023)]
[Senate]
[Pages S4409-S4412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______