[Congressional Record Volume 169, Number 150 (Monday, September 18, 2023)]
[Senate]
[Pages S4558-S4564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1227. Mr. LUJAN (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed to amendment SA 1092 proposed by Mrs. 
Murray (for herself and Ms. Collins) 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--NAVAJO-GALLUP WATER SUPPLY PROJECT AMENDMENTS ACT OF 2023

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Navajo-Gallup Water 
     Supply Project Amendments Act of 2023''.

     SEC. 102. DEFINITIONS.

       Section 10302 of the Northwestern New Mexico Rural Water 
     Projects Act (43 U.S.C. 407 note; Public Law 111-11) is 
     amended--
       (1) by striking paragraph (29);
       (2) by redesignating paragraphs (12), (13), (14), (15), 
     (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), 
     (26), (27), (28), and (30) as paragraphs (13), (14), (15), 
     (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), 
     (27), (28), (30), (31), and (32), respectively;
       (3) by inserting after paragraph (11) the following:
       ``(12) Deferred construction fund.--The term `Deferred 
     Construction Fund' means the Navajo Nation's Navajo-Gallup 
     Water Supply Project Deferred Construction Fund established 
     by section 10602(i)(1)(A).'';
       (4) in paragraph (14) (as so redesignated)--
       (A) in the paragraph heading, by striking ``Draft'' and 
     inserting ``Final environmental'';
       (B) by striking ``Draft Impact'' and inserting ``Final 
     Environmental'';
       (C) by striking ``draft environmental'' and inserting 
     ``final environmental''; and
       (D) by striking ``March 2007'' and inserting ``July 6, 
     2009'';
       (5) in paragraph (19) (as so redesignated), by striking 
     ``Draft'' and inserting ``Final Environmental'';
       (6) by inserting after paragraph (25) (as so redesignated) 
     the following:
       ``(26) Project service area.--The term `Project Service 
     Area' means the area that encompasses the 43 Nation chapters, 
     the southwest portion of the Jicarilla Apache Reservation, 
     and the City that is identified to be served by the Project, 
     as illustrated in figure IV-5 (Drawing No. 1695-406-49) of 
     the Final Environmental Impact Statement.'';
       (7) by inserting after paragraph (28) (as so redesignated) 
     the following:
       ``(29) Settlement trust funds.--The term `Settlement Trust 
     Funds' means--
       ``(A) the Navajo Nation Water Resources Development Trust 
     Fund established by subsection (a)(1) of section 10702;
       ``(B) the Navajo Nation Operations, Maintenance, and 
     Replacement Trust Fund established under subsection (b)(1) of 
     that section; and
       ``(C) the Jicarilla Apache Nation Operations, Maintenance, 
     and Replacement Trust Fund established under subsection 
     (c)(2) of that section.''; and
       (8) by adding at the end the following:
       ``(33) Working cost estimate.--The term `Working Cost 
     Estimate' means the Bureau of Reclamation document entitled 
     `NGWSP October 2022 WCE' and dated February 26, 2023, that 
     details the costs totaling $2,138,387,000, at the October 
     2022 price level, of the Project, as configured on that 
     date.''.

     SEC. 103. NAVAJO-GALLUP WATER SUPPLY PROJECT.

       (a) Authorization of Navajo-Gallup Water Supply Project.--
     Section 10602 of the Northwestern New Mexico Rural Water 
     Projects Act (Public Law 111-11; 123 Stat. 1379) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``In General'' 
     and inserting ``Authorization'';
       (B) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (C) in paragraph (1) (as so designated), by striking 
     ``Draft Impact Statement'' and inserting ``Final 
     Environmental Impact Statement, as further refined in, and 
     including the facilities identified in, the Working Cost 
     Estimate and any subsequent supplemental documents prepared 
     in accordance with the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).''; and
       (D) by adding at the end the following:
       ``(2) Additional service areas.--
       ``(A) Findings.--Congress finds that--
       ``(i) expanding the Project Service Area would create 
     opportunities to increase service for additional Nation 
     Tribal members and would not increase the cost of the Project 
     beyond authorization levels described in section 10609(a); 
     and
       ``(ii) the unit operations and maintenance costs of the 
     Project would be reduced by adding more customers to the 
     Project.
       ``(B) Authorizations for additional project service 
     areas.--
       ``(i) New mexico.--In addition to delivering water supply 
     from the Project to the Nation communities in the San Juan 
     River Basin, the Nation may expand the Project Service Area 
     in order to deliver water supply from the Project to 
     communities of the Nation within the Rio San Jose Basin, New 
     Mexico.
       ``(ii) Arizona.--In addition to delivering water supply 
     from the Project to the Nation communities of Fort Defiance 
     and Window Rock, Arizona, and subject to section 10603(c)(1), 
     the Nation may expand the Project Service Area in order to 
     deliver water supply from the Project to the Nation community 
     of Lupton, Arizona, within the Little Colorado River Basin, 
     Arizona.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1)--
       (i) by inserting ``acquire,'' before ``construct,''; and
       (ii) by striking ``Draft Impact Statement'' and inserting 
     ``Final Environmental Impact Statement, as further refined 
     in, and including the facilities identified in, the Working 
     Cost Estimate and any subsequent supplemental documents 
     prepared in accordance with the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.)'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) The water conveyance and storage facilities 
     associated with the San Juan Generating Station (the coal-
     fired, 4-unit electric power plant and ancillary features 
     located by the San Juan Mine near Waterflow, New Mexico), 
     including the diversion dam, the intake structure, the river 
     pumping plant, the pipeline from the river to the reservoir, 
     the dam and associated reservoir, and any associated land, or 
     interest in land, or ancillary features.'';
       (C) in paragraph (2)(A)--
       (i) by striking ``River near Kirtland, New Mexico,'' and 
     inserting ``Generating Station Reservoir''; and
       (ii) by inserting ``generally'' before ``follows United 
     States Highway 491'';
       (D) in paragraph (3)(A), by inserting ``generally'' before 
     ``follows United States Highway 550''; and
       (E) in paragraph (5), by inserting ``(including any 
     reservoir facility)'' after ``treatment facility'';
       (3) in subsection (c)--
       (A) in the subsection heading, by inserting ``and 
     Facilities'' after ``Land'';
       (B) in paragraph (1), by striking ``any land or interest in 
     land that is'' and inserting ``any land or facilities, or 
     interest in land or facilities, that are''; and
       (C) by adding at the end the following:
       ``(4) Land to be taken into trust.--
       ``(A) In general.--On satisfaction of the conditions 
     described in paragraph (7) of the Agreement and after the 
     requirements of sections 10701(e) and 10703 are met, the 
     Secretary shall take legal title to the following land and, 
     subject to subparagraph (D), hold that land in trust for the 
     benefit of the Nation:
       ``(i) Fee land of the Nation, including--

       ``(I) the parcels of land on which the Tohlakai Pumping 
     Plant, Reach 12A and Reach 12B, are located, including, in 
     McKinley County, New Mexico--

       ``(aa) sec. 5, T. 16 N., R. 18 W., New Mexico Prime 
     Meridian; and
       ``(bb) sec. 33, T. 17 N., R. 17 W., New Mexico Prime 
     Meridian (except lot 9 and the NW\1/4\ of lot 4);

       ``(II) the parcel of land on which Reach 12.1 is located, 
     including--

       ``(aa) NW\1/4\ and SW\1/4\ sec. 5, T. 16 N., R. 18 W.;
       ``(bb) N\1/2\ sec. 11, T. 16 N., R. 19 W.; and
       ``(cc) sec. 12, T. 16 N., R. 20 W.; and

       ``(III) the parcel of land on which Reach 12.2 is located, 
     including NW\1/4\. sec. 2, T. 16 N., R. 21 W.

       ``(ii) Public domain land managed by the Bureau of Land 
     Management, including--

       ``(I) the parcel of land on which the Cutter Lateral Water 
     Treatment Plant is located, including S\1/2\ sec. 9, T. 25 
     N., R. 9 W., New Mexico Prime Meridian; and
       ``(II) the parcel of land on which the Navajo Agricultural 
     Products Industry turnout is located, including NW\1/4\ and 
     NE\1/4\ sec. 34, T. 26 N., R. 9 W., New Mexico Prime 
     Meridian.

       ``(iii) The land underlying the San Juan Generating Station 
     (the coal-fired, 4-unit electric power plant and ancillary 
     features located by the San Juan Mine near Waterflow, New 
     Mexico) acquired by the United States, as described in 
     subsection (b)(1).
       ``(B) Part of navajo nation.--The land taken into trust 
     under subparagraph (A)

[[Page S4559]]

     shall be part of the Navajo Reservation and administered in 
     accordance with the laws and regulations generally applicable 
     to land held in trust by the United States for the benefit of 
     an Indian Tribe.
       ``(C) Restrictions.--
       ``(i) Fee land of the nation.--The fee land of the Nation 
     taken into trust under subparagraph (A)(i) shall be subject 
     to valid existing rights, contracts, and management 
     agreements, including easements and rights-of-way, unless the 
     holder of the right, contract, lease, permit, or right-of-way 
     requests an earlier termination in accordance with existing 
     law.
       ``(ii) Public domain land.--

       ``(I) In general.--The public domain land managed by the 
     Bureau of Land Management taken into trust under subparagraph 
     (A)(ii) shall be subject to valid existing rights, contracts, 
     leases, permits, and rights-of-way, unless the holder of the 
     right, contract, lease, permit, or right-of-way requests an 
     earlier termination in accordance with existing law.
       ``(II) BIA assumption of benefits and obligations.--The 
     Bureau of Indian Affairs shall--

       ``(aa) assume all benefits and obligations of the previous 
     land management agency under the existing rights, contracts, 
     leases, permits, or rights-of-way described in subclause (I); 
     and
       ``(bb) disburse to the Nation any amounts that accrue to 
     the United States from those rights, contracts, leases, 
     permits, or rights-of-ways after the date on which the land 
     described in clause (ii) of subparagraph (A) is taken into 
     trust for the benefit of the Nation from any sale, bonus, 
     royalty, or rental relating to that land in the same manner 
     as amounts received from other land held by the Secretary in 
     trust for the Nation.
       ``(iii) Land underlying the san juan generating station.--

       ``(I) In general.--The land underlying the San Juan 
     Generating Station (the coal-fired, 4-unit electric power 
     plant and ancillary features located by the San Juan Mine 
     near Waterflow, New Mexico) taken into trust under 
     subparagraph (A)(iii) shall be subject to a perpetual 
     easement on and over all of the land underlying the San Juan 
     Generating Station reserved to the United States for use by 
     the Bureau of Reclamation and its contractors and assigns--

       ``(aa) for ingress and egress;
       ``(bb) to continue construction of the Project; and
       ``(cc) for operation and maintenance of Project facilities 
     located on that land.

       ``(II) Reserved perpetual easement.--The reserved perpetual 
     easement described in subclause (I) shall remain vested in 
     the United States unless title to the Project facilities and 
     appropriate interests in land are conveyed pursuant to 
     subsection (f).

       ``(D) Savings clause.--Nothing in this paragraph affects 
     any--
       ``(i) water right of the Nation in existence on the day 
     before the date of enactment of the Navajo-Gallup Water 
     Supply Project Amendments Act of 2023; and
       ``(ii) right or claim of the Nation to any land or interest 
     in land in existence on the day before the date of enactment 
     of the Navajo-Gallup Water Supply Project Amendments Act of 
     2023.'';
       (4) in subsection (d)(1)(D), by striking ``Draft'' and 
     inserting ``Final Environmental'';
       (5) in subsection (e)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Renewable energy and hydroelectric power.--
       ``(A) Renewable energy.--For any portion of the Project 
     that does not have access to Colorado River Storage Project 
     power, the Secretary may use not more than $6,250,000 of the 
     amounts made available under section 10609(a)(1) to develop 
     renewable energy.
       ``(B) Hydroelectric power.--Notwithstanding whether a 
     Project facility has access to Colorado River Storage Project 
     power, the Secretary may use not more than $1,250,000 of the 
     $6,250,000 authorized to be used to develop renewable energy 
     under subparagraph (A) to develop hydroelectric power for any 
     Project facility that can use hydraulic head to produce 
     electricity.'';
       (6) in subsection (h)(1), in the matter preceding 
     subparagraph (A), by inserting ``, store,'' after ``treat''; 
     and
       (7) by adding at the end the following:
       ``(i) Deferred Construction of Project Facilities.--
       ``(1) Deferred construction of project facilities.--On 
     mutual agreement between the Nation and the Secretary, and 
     the Jicarilla Apache Nation if the deferred Project 
     facilities benefit the Jicarilla Apache Nation, construction 
     of selected Project facilities may be deferred to save 
     operation and maintenance expenses associated with that 
     construction.
       ``(2) Deferred construction fund.--
       ``(A) Establishment.--There is established in the Treasury 
     a fund, to be known as the `Navajo Nation's Navajo-Gallup 
     Water Supply Project Deferred Construction Fund', to consist 
     of--
       ``(i) amounts that correspond to portions of the Project 
     that have been deferred under paragraph (1); and
       ``(ii) any interest or other gains on amounts referred to 
     in clause (i).
       ``(B) Use of the deferred construction fund.--The Nation 
     may use amounts in the Deferred Construction Fund--
       ``(i) to construct Project facilities that have been 
     deferred under paragraph (1); or
       ``(ii) to construct alternate facilities agreed on under 
     subparagraph (C).
       ``(C) Alternate facilities consistent with the purpose of 
     the project.--On agreement between the Nation and the 
     Secretary, and the Jicarilla Apache Nation if the deferred 
     Project facilities benefit the Jicarilla Apache Nation, and 
     in compliance with all applicable environmental and cultural 
     resource protection laws, facilities other than those 
     previously agreed to be deferred under paragraph (1) may be 
     constructed if those alternate facilities are consistent with 
     the purposes of the Project described in section 10601.
       ``(3) Amounts to be deposited.--Funds allocated from the 
     amounts made available under section 10609(a)(1) to build 
     facilities referred to in paragraph (1) shall be deposited 
     into the Deferred Construction Fund.
       ``(4) Adjustments.--On deposit of amounts into the Deferred 
     Construction Fund under paragraph (3), the adjustments to 
     authorized appropriations under section 10609(a)(2) shall no 
     longer apply to those amounts.
       ``(5) Deadline to construct project facilities.--On deposit 
     of all amounts into the Deferred Construction Fund for 
     construction of Project facilities agreed on under paragraph 
     (1), the Secretary shall be deemed to have met the obligation 
     under section 10701(e)(1)(A)(ix).
       ``(6) Future construction of project facilities.--On 
     agreement between the Nation and the Secretary, and the 
     Jicarilla Apache Nation if the deferred Project facilities 
     benefit the Jicarilla Apache Nation, the Nation shall use 
     amounts deposited into the Deferred Construction Fund to 
     construct--
       ``(A) Project facilities deferred under paragraph (1); or
       ``(B) alternate Project facilities described in paragraph 
     (2)(C).''.
       (b) Delivery and Use of Navajo-Gallup Water Supply Project 
     Water.--Section 10603 of the Northwestern New Mexico Rural 
     Water Projects Act (Public Law 111-11; 123 Stat. 1382) is 
     amended--
       (1) in subsection (a)(3)(B)--
       (A) in clause (i), by inserting ``or, if generated on City-
     owned facilities, by the City'' after ``the Nation''; and
       (B) in clause (ii), by inserting ``, except that the City 
     shall retain all revenue from the sale of hydroelectric power 
     that is generated on City-owned facilities'' after 
     ``hydroelectric power''; and
       (2) in subsection (g)(2), by striking ``, except as 
     provided in section 10604(f)''.
       (c) Project Contracts.--Section 10604 of the Northwestern 
     New Mexico Rural Water Projects Act (Public Law 111-11; 123 
     Stat. 1388) is amended--
       (1) in subsection (a)(4), by striking ``Subject to 
     subsection (f), the'' and inserting ``The'';
       (2) in subsection (b)(3)--
       (A) in subparagraph (A), by striking ``subparagraph (B)'' 
     and inserting ``subparagraphs (B) and (C)'';
       (B) in subparagraph (B)--
       (i) in the subparagraph heading, by striking ``Minimum 
     percentage'' and inserting ``Maximum percentage'';
       (ii) by striking ``at least 25 percent'' and inserting 
     ``not more than 25 percent''; and
       (iii) by striking ``, but shall in no event exceed 35 
     percent''; and
       (C) by adding at the end the following:
       ``(C) Maximum repayment obligation.--The repayment 
     obligation of the City referred to in subparagraphs (A) and 
     (B) shall not exceed $76,000,000.'';
       (3) in subsection (c)(1)(B), by inserting ``subsection (f) 
     and'' before ``section 10603(g)'';
       (4) in subsection (d)(1), by striking ``Draft'' and 
     inserting ``Final Environmental'';
       (5) in subsection (e), by striking ``Draft'' and inserting 
     ``Final Environmental'';
       (6) by striking subsection (f); and
       (7) by redesignating subsection (g) as subsection (f).
       (d) Authorization of Appropriations.--Section 10609 of the 
     Northwestern New Mexico Rural Water Projects Act (Public Law 
     111-11; 123 Stat. 1395; 129 Stat. 528) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``$870,000,000 for the 
     period of fiscal years 2009 through 2024'' and inserting 
     ``$2,175,000,000 for the period of fiscal years 2009 through 
     2029'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Adjustments.--
       ``(A) In general.--The amount under paragraph (1) shall be 
     adjusted by such amounts as may be required--
       ``(i) by reason of changes since October 2022 in 
     construction cost changes in applicable regulatory standards, 
     as indicated by engineering cost indices applicable to the 
     types of construction involved; and
       ``(ii) to address construction cost changes necessary to 
     account for unforeseen market volatility that may not 
     otherwise be captured by engineering cost indices described 
     in clause (i), as determined by the Secretary, including 
     repricing applicable to the types of construction and current 
     industry standards involved.
       ``(B) Deferred construction fund.--Amounts deposited in the 
     Deferred Construction Fund shall not be adjusted pursuant to 
     this paragraph.''; and
       (C) in paragraph (4)(B), by striking ``10 years'' and 
     inserting ``15 years''; and
       (2) in subsection (b)--

[[Page S4560]]

       (A) in paragraph (1), by striking ``$30,000,000, as 
     adjusted under paragraph (3), for the period of fiscal years 
     2009 through 2019'' and inserting ``$37,500,000, as adjusted 
     under paragraph (4), for the period of fiscal years 2009 
     through 2032'';
       (B) in paragraph (2), by striking ``2024'' and inserting 
     ``2032''; and
       (C) in paragraph (3), by striking ``The amount under 
     paragraph (1)'' and inserting ``The amount under paragraphs 
     (1) and (2)''.
       (e) Taxation of Construction, Operation, and Maintenance of 
     Project Facilities.--Part III of the Northwestern New Mexico 
     Rural Water Projects Act (Public Law 111-11; 123 Stat. 1379) 
     is amended by adding at the end the following:

     ``SEC. 10610. TAXATION OF CONSTRUCTION, OPERATION, AND 
                   MAINTENANCE OF PROJECT FACILITIES.

       ``(a) Nation Land.--Any activity constituting the 
     construction, operation, or maintenance of Project 
     facilities--
       ``(1) shall, if the activity takes place on land that is 
     held in trust by the United States for the benefit of the 
     Nation, be subject to taxation by the Nation; and
       ``(2) shall not be subject to any fee, tax, assessment, 
     levy, or other charge imposed by any State or political 
     subdivision of a State.
       ``(b) Other Land.--Any activity constituting the 
     construction, operation, or maintenance of Project 
     facilities--
       ``(1) shall, if the activity takes place on land other than 
     the land described in subsection (a)(1), be subject to 
     taxation by the State in which the land is located, or by a 
     political subdivision of that State to the extent authorized 
     by the laws of that State; and
       ``(2) shall not be subject to any fee, tax, assessment, 
     levy, or other charge imposed by the Nation.''.

     SEC. 104. NAVAJO NATION WATER RIGHTS.

       (a) Agreement.--Section 10701(e) of the Northwestern New 
     Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat. 
     1400; 129 Stat. 528) is amended--
       (1) in paragraph (1)(A)--
       (A) by striking clause (vii) and inserting the following:
       ``(vii) Navajo nation water resources development trust 
     fund.--Not later than December 31, 2019, the United States 
     shall make all deposits into the Navajo Nation Water 
     Resources Development Trust Fund established by section 
     10702(a)(1).'';
       (B) in clause (ix), by striking ``2024'' and inserting 
     ``2029''; and
       (C) by adding at the end the following:
       ``(x) Deferred construction fund.--

       ``(I) In general.--Not later than December 31, 2029, the 
     United States shall make all deposits into the Deferred 
     Construction Fund in accordance with section 10602(i)(3).
       ``(II) Project deadline.--On deposit of the amounts into 
     the Deferred Construction Fund under subclause (I), even if 
     certain Project facilities have not yet been constructed, the 
     Secretary shall be deemed to have met the deadline described 
     in clause (ix).''; and

       (2) in paragraph (2)(B)--
       (A) in clause (i), by striking ``Trust Fund'' and inserting 
     ``Settlement Trust Funds''; and
       (B) in clause (ii), by striking ``Trust Fund'' and 
     inserting ``Settlement Trust Funds''.
       (b) Settlement Trust Funds.--Section 10702 of the 
     Northwestern New Mexico Rural Water Projects Act (Public Law 
     111-11; 123 Stat. 1402) is amended to read as follows:

     ``SEC. 10702. SETTLEMENT TRUST FUNDS.

       ``(a) Navajo Nation Water Resources Development Trust 
     Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     a fund, to be known as the `Navajo Nation Water Resources 
     Development Trust Fund', consisting of--
       ``(A) such amounts as are appropriated to the Navajo Nation 
     Water Resources Development Trust Fund under paragraph (5); 
     and
       ``(B) any interest earned on investment of amounts in the 
     Navajo Nation Water Resources Development Trust Fund under 
     paragraph (3).
       ``(2) Use of funds.--The Nation may use amounts in the 
     Navajo Nation Water Resources Development Trust Fund--
       ``(A) to investigate, construct, operate, maintain, or 
     replace water project facilities, including facilities 
     conveyed to the Nation under this subtitle and facilities 
     owned by the United States for which the Nation is 
     responsible for operation, maintenance, and replacement 
     costs; and
       ``(B) to investigate, implement, or improve a water 
     conservation measure (including a metering or monitoring 
     activity) necessary for the Nation to make use of a water 
     right of the Nation under the Agreement.
       ``(3) Investment.--Beginning on October 1, 2019, the 
     Secretary shall invest amounts in the Navajo Nation Water 
     Resources Development Trust Fund in accordance with 
     subsection (e).
       ``(4) Investment earnings.--Any investment earnings, 
     including interest, credited to amounts held in the Navajo 
     Nation Water Resources Development Trust Fund are authorized 
     to be used in accordance with paragraph (2).
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated for deposit in the Navajo 
     Nation Water Resources Development Trust Fund--
       ``(A) $6,000,000 for each of fiscal years 2010 through 
     2014; and
       ``(B) $4,000,000 for each of fiscal years 2015 through 
     2019.
       ``(6) Availability.--Any amount authorized to be 
     appropriated to the Navajo Nation Water Resources Development 
     Trust Fund under paragraph (5) shall not be available for 
     expenditure or withdrawal--
       ``(A) before December 31, 2019; and
       ``(B) until the date on which the court in the stream 
     adjudication has entered--
       ``(i) the Partial Final Decree; and
       ``(ii) the Supplemental Partial Final Decree.
       ``(7) Management.--The Secretary shall manage the Navajo 
     Nation Water Resources Development Trust Fund in accordance 
     with subsection (d).
       ``(8) Conditions for expenditure and withdrawal.--After the 
     funds become available pursuant to paragraph (6), all 
     expenditures and withdrawals by the Nation of funds in the 
     Navajo Nation Water Resources Development Trust Fund must 
     comply with the requirements of subsection (f).
       ``(b) Navajo Nation Operations, Maintenance, and 
     Replacement Trust Fund.--
       ``(1) Establishment.--The Secretary shall establish a trust 
     fund to be known as the `Navajo Nation Operations, 
     Maintenance, and Replacement Trust Fund' for the purposes set 
     forth in paragraph (2), 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 trust 
     fund under paragraph (3), together with any interests earned 
     on those amounts under paragraph (4).
       ``(2) Use of funds.--The Nation may use amounts in the 
     Navajo Nation Operations, Maintenance, and Replacement Trust 
     Fund to pay operations, maintenance, and replacement costs of 
     the Project allocable to the Nation under section 10604.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated for deposit in the Navajo 
     Nation Operations, Maintenance, and Replacement Trust Fund 
     $250,000,000.
       ``(4) Investment.--Upon deposit of funding into the Navajo 
     Nation Operations, Maintenance, and Replacement Trust Fund 
     pursuant to paragraph (3), the Secretary shall invest amounts 
     deposited in accordance with subsection (e).
       ``(5) Investment earnings.--Any investment earnings, 
     including interest, credited to amounts held in the Navajo 
     Nation Operations, Maintenance, and Replacement Trust Fund 
     are authorized to be used in accordance with paragraph (2).
       ``(6) Availability.--Any amount authorized to be 
     appropriated to the Navajo Nation Operations, Maintenance, 
     and Replacement Trust Fund under paragraph (3) shall not be 
     available for expenditure or withdrawal until the Nation is 
     responsible for payment of operation, maintenance, and 
     replacement costs as set forth in section 10603(g).
       ``(7) Fluctuation in costs.--
       ``(A) In general.--The amounts authorized to be 
     appropriated under paragraph (3) shall be increased or 
     decreased, as appropriate, by such amounts as may be 
     justified by reason of ordinary fluctuations in costs 
     occurring after October 2022 as indicated by the Bureau of 
     Reclamation Operation and Maintenance Cost Index.
       ``(B) Repetition.--The adjustment process under this 
     subparagraph shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       ``(C) Period of indexing.--The period of indexing 
     adjustment under this subparagraph for any increment of 
     funding shall end on the date on which the funds are 
     deposited into the Navajo Nation Operations, Maintenance, and 
     Replacement Trust Fund.
       ``(8) Management.--The Secretary shall manage the Navajo 
     Nation Operations, Maintenance, and Replacement Trust Fund in 
     accordance with subsection (d).
       ``(9) Conditions for expenditure and withdrawal.--All 
     expenditures and withdrawals by the Nation of funds in the 
     Navajo Nation Operations, Maintenance, and Replacement Trust 
     Fund must comply with the requirements of subsection (f).
       ``(c) Jicarilla Apache Nation Operations, Maintenance, and 
     Replacement Trust Fund.--
       ``(1) Prerequisite to establishment.--Prior to 
     establishment of the trust fund under paragraph (2), the 
     Secretary shall conduct an Ability to Pay study to determine 
     what operation, maintenance, and replacement costs of that 
     section of the Project serving the Jicarilla Apache Nation 
     are in excess of the ability of the Jicarilla Apache Nation 
     to pay.
       ``(2) Establishment.--Upon completion of the Ability to Pay 
     study as set forth in paragraph (1), the Secretary shall 
     establish a trust fund to be known as the `Jicarilla Apache 
     Nation Operations, Maintenance, and Replacement Trust Fund' 
     for the purposes set forth in paragraph (3), 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 trust fund under paragraph (4), together 
     with any interests earned on those amounts under paragraph 
     (5).
       ``(3) Use of funds.--The Jicarilla Apache Nation may use 
     amounts in the Jicarilla Apache Nation Operations, 
     Maintenance, and Replacement Trust Fund to pay operations, 
     maintenance, and replacement costs of the Project allocable 
     to the Jicarilla Nation under section 10604.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated for

[[Page S4561]]

     deposit in the Jicarilla Apache Nation Operations, 
     Maintenance, and Replacement Trust Fund the amounts the 
     Secretary has determined are in excess of the ability of the 
     Jicarilla Apache Nation to pay in the Ability to Pay study 
     required under paragraph (1) up to a maximum of $10,000,000.
       ``(5) Investment.--Upon deposit of funding into the 
     Jicarilla Apache Nation Operations, Maintenance, and 
     Replacement Trust Fund pursuant to paragraph (4), the 
     Secretary shall invest amounts in the fund in accordance with 
     subsection (e).
       ``(6) Investment earnings.--Any investment earnings, 
     including interest, credited to amounts held in the Jicarilla 
     Apache Nation Operations, Maintenance, and Replacement Trust 
     Fund are authorized to be used in accordance with paragraph 
     (3).
       ``(7) Availability.--Any amount authorized to be 
     appropriated to the Jicarilla Apache Nation Operations, 
     Maintenance, and Replacement Trust Fund under paragraph (4) 
     shall not be available for expenditure or withdrawal until 
     the Jicarilla Apache Nation is responsible for payment of 
     operation, maintenance, and replacement costs as set forth in 
     section 10603(g).
       ``(8) Fluctuation in costs.--
       ``(A) In general.--The amounts authorized to be 
     appropriated under paragraph (4) shall be increased or 
     decreased, as appropriate, by such amounts as may be 
     justified by reason of ordinary fluctuations in costs 
     occurring after October 2022 as indicated by the Bureau of 
     Reclamation Operation and Maintenance Cost Index.
       ``(B) Repetition.--The adjustment process under this 
     subparagraph shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       ``(C) Period of indexing.--The period of indexing 
     adjustment under this subparagraph for any increment of 
     funding shall end on the date on which the funds are 
     deposited into the Jicarilla Apache Nation Operations, 
     Maintenance, and Replacement Trust Fund.
       ``(9) Management.--The Secretary shall manage the Jicarilla 
     Apache Nation Operations, Maintenance, and Replacement Trust 
     Fund in accordance with subsection (d).
       ``(10) Conditions for expenditure and withdrawal.--All 
     expenditures and withdrawals by the Jicarilla Apache Nation 
     of funds in the Jicarilla Apache Nation Operations, 
     Maintenance, and Replacement Trust Fund must comply with the 
     requirements of subsection (f).
       ``(d) Management.--The Secretary shall manage the 
     Settlement Trust Funds, invest amounts in the Settlement 
     Trust Funds pursuant to subsection (e), and make amounts 
     available from the Settlement Trust Funds for distribution to 
     the Nation and the Jicarilla Apache Nation in accordance with 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.).
       ``(e) Investment of the Trust Funds.--The Secretary shall 
     invest amounts in the Settlement Trust Funds in accordance 
     with--
       ``(1) the Act of April 1, 1880 (25 U.S.C. 161);
       ``(2) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a); and
       ``(3) the American Indian Trust Fund Management Reform Act 
     of 1994 (25 U.S.C. 4001 et seq.).
       ``(f) Conditions for Expenditures and Withdrawals.--
       ``(1) Tribal management plan.--
       ``(A) In general.--On approval by the Secretary of a Tribal 
     management plan in accordance with the American Indian Trust 
     Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
     the Nation and the Jicarilla Apache Nation may withdraw all 
     or a portion of the amounts in the Settlement Trust Funds.
       ``(B) Requirements.--In addition to any requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), a Tribal management plan shall 
     require that the Nation and Jicarilla Apache Nation only use 
     amounts in the Settlement Trust Funds for the purposes 
     described in subsection (a)(2), (b)(2), or (c)(3), as 
     applicable.
       ``(2) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the provisions of any Tribal 
     management plan to ensure that any amounts withdrawn from the 
     Settlement Trust Funds are used in accordance with this 
     subtitle.
       ``(3) No liability.--The Secretary or the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Settlement Trust 
     Funds by the Nation or the Jicarilla Apache Nation.
       ``(4) Expenditure plan.--
       ``(A) In general.--The Nation and Jicarilla Apache Nation 
     shall submit to the Secretary for approval an expenditure 
     plan for any portion of the amounts in the Settlement Trust 
     Funds made available under this section that the Nation or 
     the Jicarilla Apache Nation does not withdraw under this 
     subsection.
       ``(B) Description.--An expenditure plan submitted under 
     subparagraph (A) shall describe the manner in which, and the 
     purposes for which, funds of the Nation or the Jicarilla 
     Apache Nation remaining in the Settlement Trust Funds will be 
     used.
       ``(C) Approval.--On receipt of an expenditure plan under 
     subparagraph (A), the Secretary shall approve the plan if the 
     Secretary determines that the plan is reasonable and 
     consistent with this subtitle.
       ``(5) Annual report.--The Nation and Jicarilla Apache 
     Nation shall submit to the Secretary an annual report that 
     describes any expenditures from the Settlement Trust Funds 
     during the year covered by the report.
       ``(6) Limitation.--No portion of the amounts in the 
     Settlement Trust Funds shall be distributed to any Nation or 
     Jicarilla Apache Nation member on a per capita basis.''.
       (c) Waivers and Releases.--Section 10703 of the 
     Northwestern New Mexico Rural Water Projects Act (Public Law 
     111-11; 123 Stat. 1403) is amended--
       (1) in subsection (d)(1)(A), by striking ``2025'' and 
     inserting ``2030''; and
       (2) in subsection (e)(2), in the matter preceding 
     subparagraph (A), by striking ``2025'' and inserting 
     ``2030''.
                                 ______
                                 
  SA 1228. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 1092 proposed by Mrs. Murray (for herself and Ms. 
Collins) 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. ___.  Section 226B(f) of the Department of Agriculture 
     Reorganization Act of 1994 (7 U.S.C. 6934(f)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (B), by striking ``organizations'' and 
     inserting ``organizations, institutions of higher education, 
     and local educational agencies'';
       (B) in subparagraph (E), by striking ``institutions on 
     research, program improvements, or agricultural education 
     opportunities'' and inserting ``institutions or community-
     based nonprofit organizations on research, program 
     improvements, agricultural education opportunities, or 
     technical skills and job training programs''; and
       (C) by adding at the end the following:
       ``(G) Assessing the effectiveness with respect to 
     farmworkers of Department outreach programs.
       ``(H) Developing and implementing a plan to coordinate 
     outreach activities and services provided by the Department 
     with respect to farmworkers.
       ``(I) Collaborating with and providing input on 
     programmatic and policy decisions relating to farmworkers to 
     the agencies and offices of the Department, including--
       ``(i) the Farm Service Agency;
       ``(ii) the Natural Resources Conservation Service;
       ``(iii) the rural development mission area;
       ``(iv) the National Institute of Food and Agriculture;
       ``(v) the Food and Nutrition Service;
       ``(vi) the Agricultural Marketing Service;
       ``(vii) the Forest Service;
       ``(viii) the National Agricultural Statistics Service; and
       ``(ix) any other agency or office that the Coordinator 
     determines to be appropriate.
       ``(J) Communicating to employers of farmworkers, and 
     publicizing on the website of the Department, information 
     about Federal programs for which the employees of those 
     employers may be eligible.
       ``(K) Identifying research priorities to inform the 
     research activities of the Department relating to 
     farmworkers.
       ``(L) Measuring and analyzing outcomes of the programs and 
     activities of the Department on farmworkers.
       ``(M) Recommending new initiatives and programs to the 
     Secretary.
       ``(N) Carrying out any other related duties that the 
     Secretary determines to be appropriate.'';
       (2) by redesignating paragraph (3) as paragraph (4);
       (3) by inserting after paragraph (2) the following:
       ``(3) Staff.--The Secretary, acting through the 
     Coordinator, shall employ such staff as the Secretary 
     determines necessary to carry out the duties described in 
     paragraph (2).''; and
       (4) in paragraph (4) (as so redesignated), in subparagraph 
     (B), by striking ``2023'' and inserting ``2029''.
                                 ______
                                 
  SA 1229. Ms. ROSEN (for herself, Mr. Moran, and Ms. Murkowski) 
submitted an amendment intended to be proposed to amendment SA 1092 
proposed by Mrs. Murray (for herself and Ms. Collins) 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. ___.  Notwithstanding any other provision of this 
     Act--
       (1) the amount made available under this Act for the cost 
     of direct loans, loan guarantees and grants, including the 
     cost of modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, for rural community 
     facilities programs as authorized by section 306 and 
     described in section 381E(d)(1) of the Consolidated Farm and 
     Rural Development Act, shall be $256,134,000, to remain 
     available until expended; and

[[Page S4562]]

       (2) the amount made available under this Act for 
     ``Agricultural Programs--Agriculture Buildings and 
     Facilities'' shall be $33,081,000.
                                 ______
                                 
  SA 1230. Mr. SCHUMER proposed an amendment 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; as follows:

       At the end of division C, add the following:

     SEC. 422. EFFECTIVE DATE.

       This Act shall take effect on the date that is 9 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1231. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 1092 proposed by Mrs. Murray (for herself and Ms. 
Collins) 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 257, between lines 2 and 3, insert the following:

                        healthy streets program

       For the healthy streets program under section 11406 of the 
     Infrastructure Investment and Jobs Act (23 U.S.C. 149 note; 
     Public Law 117-58), $100,000,000, to remain available until 
     expended.
                                 ______
                                 
  SA 1232. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 1092 proposed by Mrs. Murray (for herself and Ms. 
Collins) 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--PREVENT GOVERNMENT SHUTDOWNS

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Prevent Government 
     Shutdowns Act of 2023''.

     SEC. 4002. AUTOMATIC CONTINUING APPROPRIATIONS.

       (a) In General.--Chapter 13 of title 31, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1311. Automatic continuing appropriations

       ``(a)(1)(A) On and after the first day of each fiscal year, 
     if an appropriation Act for such fiscal year with respect to 
     the account for a program, project, or activity has not been 
     enacted and continuing appropriations are not in effect with 
     respect to the program, project, or activity, there are 
     appropriated such sums as may be necessary to continue, at 
     the rate for operations specified in subparagraph (C), the 
     program, project, or activity if funds were provided for the 
     program, project, or activity during the preceding fiscal 
     year.
       ``(B)(i) Appropriations and funds made available and 
     authority granted under subparagraph (A) shall be available 
     for a period of 14 days.
       ``(ii) If, at the end of the first 14-day period during 
     which appropriations and funds are made available and 
     authority is granted under subparagraph (A), and the end of 
     every 14-day period thereafter, an appropriation Act for such 
     fiscal year with respect to the account for a program, 
     project, or activity has not been enacted and continuing 
     appropriations are not in effect with respect to the program, 
     project, or activity under a provision of law other than 
     subparagraph (A), the appropriations and funds made available 
     and authority granted under subparagraph (A) during the 14-
     day period shall be extended for an additional 14-day period.
       ``(C)(i) Except as provided in clause (ii), the rate for 
     operations specified in this subparagraph with respect to a 
     program, project, or activity is the rate for operations for 
     the preceding fiscal year for the program, project, or 
     activity--
       ``(I) provided in the corresponding appropriation Act for 
     such preceding fiscal year;
       ``(II) if the corresponding appropriation bill for such 
     preceding fiscal year was not enacted, provided in the law 
     providing continuing appropriations for such preceding fiscal 
     year; or
       ``(III) if the corresponding appropriation bill and a law 
     providing continuing appropriations for such preceding fiscal 
     year were not enacted, provided under this section for such 
     preceding fiscal year.
       ``(ii) For entitlements and other mandatory payments whose 
     budget authority was provided for the previous fiscal year in 
     appropriations Acts, under a law other than this section 
     providing continuing appropriations for such previous year, 
     or under this section, and for activities under the Food and 
     Nutrition Act of 2008, appropriations and funds made 
     available during a fiscal year under this section shall be at 
     the rate necessary to maintain program levels under current 
     law, under the authority and conditions provided in the 
     applicable appropriations Act.
       ``(2) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a program, project, or activity shall be 
     available, in accordance with paragraph (1)(B), for the 
     period--
       ``(A) beginning on the first day of any lapse in 
     appropriations during such fiscal year; and
       ``(B) ending on the date of enactment of an appropriation 
     Act for such fiscal year with respect to the account for such 
     program, project, or activity (whether or not such Act 
     provides appropriations for such program, project, or 
     activity) or a law making continuing appropriations for the 
     program, project, or activity, as applicable.
       ``(3) Notwithstanding section 251(a)(1) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(a)(1)) and the timetable in section 254(a) of such Act (2 
     U.S.C. 904(a)), for any fiscal year for which appropriations 
     and funds are made available under this section, the final 
     sequestration report for such fiscal year pursuant to section 
     254(f)(1) of such Act (2 U.S.C. 904(f)(1)) and any order for 
     such fiscal year pursuant to section 254(f)(5) of such Act (2 
     U.S.C. 901(f)(5)) shall be issued--
       ``(A) for the Congressional Budget Office, 10 days after 
     the date on which appropriation Acts providing funding for 
     the entire Federal Government through the end of such fiscal 
     year have been enacted; and
       ``(B) for the Office of Management and Budget, 15 days 
     after the date on which appropriation Acts providing funding 
     for the entire Federal Government through the end of such 
     fiscal year have been enacted.
       ``(b) An appropriation or funds made available, or 
     authority granted, for a program, project, or activity for 
     any fiscal year pursuant to this section shall be subject to 
     the terms and conditions imposed with respect to the 
     appropriation made or funds made available for the preceding 
     fiscal year, or authority granted for such program, project, 
     or activity under current law.
       ``(c) Expenditures made for a program, project, or activity 
     for any fiscal year pursuant to this section shall be charged 
     to the applicable appropriation, fund, or authorization 
     whenever an appropriation Act for such fiscal year with 
     respect to the account for a program, project, or activity or 
     a law making continuing appropriations until the end of such 
     fiscal year for such program, project, or activity is 
     enacted.
       ``(d) This section shall not apply to a program, project, 
     or activity during a fiscal year if any other provision of 
     law (other than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such program, project, or activity to 
     continue for such period; or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such program, project, or activity to continue 
     for such period.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     13 of title 31, United States Code, is amended by adding at 
     the end the following:

``1311. Automatic continuing appropriations.''.

     SEC. 4003. TIMELY ENACTMENT OF APPROPRIATION ACTS.

       (a) Definitions.--In this section--
       (1) the term ``covered officer or employee'' means--
       (A) an officer or employee of the Office of Management and 
     Budget;
       (B) a Member of Congress; or
       (C) an employee of the personal office of a Member of 
     Congress, a committee of either House of Congress, or a joint 
     committee of Congress;
       (2) the term ``covered period''--
       (A) means any period of automatic continuing 
     appropriations; and
       (B) with respect to the legislative branch--
       (i) does not include any period of automatic continuing 
     appropriations that occurs during the period--

       (I) beginning at the time at which general appropriations 
     Acts providing funding for the entire Federal Government 
     (including an appropriation Act providing continuing funding) 
     have been enacted or passed in identical form by both Houses 
     and transmitted to Secretary of the Senate or Clerk of the 
     House for enrollment and presentment to the President for his 
     signature; and
       (II) ending at the time at which 1 or more general 
     appropriations Acts--

       (aa) are vetoed by the President; or
       (bb) do not become law without the President's signature 
     under article I, section 7 of the Constitution of the United 
     States based on an adjournment of the Congress; and
       (ii) includes any period of automatic continuing 
     appropriations that is not a period described in clause (i) 
     and that follows a veto or a failure to become law (as 
     described in item (bb) of clause (i)(II)) of 1 or more 
     general appropriations Acts;
       (3) the term ``Member of Congress'' has the meaning given 
     that term in section 2106 of title 5, United States Code;
       (4) the term ``National Capital Region'' has the meaning 
     given that term in section 8702 of title 40, United States 
     Code; and
       (5) the term ``period of automatic continuing 
     appropriations'' means a period during which automatic 
     continuing appropriations under section 1311 of title 31, 
     United States Code, as added by section 4002 of this 
     division, are in effect with respect to 1 or more programs, 
     projects, or activities.
       (b) Limits on Travel Expenditures.--

[[Page S4563]]

       (1) Limits on official travel.--
       (A) Limitation.--Except as provided in subparagraph (B), no 
     amounts may be obligated or expended for official travel by a 
     covered officer or employee during a covered period.
       (B) Exceptions.--
       (i) Return to dc.--If a covered officer or employee is away 
     from the seat of Government on the date on which a covered 
     period begins, funds may be obligated and expended for 
     official travel for a single return trip to the seat of 
     Government by the covered officer or employee.
       (ii) Travel in national capital region.--During a covered 
     period, amounts may be obligated and expended for official 
     travel by a covered officer or employee from one location in 
     the National Capital Region to another location in the 
     National Capital Region.
       (iii) National security events.--During a covered period, 
     if a national security event that triggers a continuity of 
     operations or continuity of Government protocol occurs, 
     amounts may be obligated and expended for official travel by 
     a covered officer or employee for any official travel 
     relating to responding to the national security event or 
     implementing the continuity of operations or continuity of 
     Government protocol.
       (2) Restriction on use of campaign funds.--Section 313 of 
     the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) 
     is amended--
       (A) in subsection (a)(2), by striking ``for ordinary'' and 
     inserting ``except as provided in subsection (d), for 
     ordinary''; and
       (B) by adding at the end the following:
       ``(d) Restriction on Use of Campaign Funds for Official 
     Travel During Automatic Continuing Appropriations.--
       ``(1) In general.--Except as provided in paragraph (2), 
     during a covered period (as defined in section 4003 of the 
     Prevent Government Shutdowns Act of 2023), a contribution or 
     donation described in subsection (a) may not be obligated or 
     expended for travel in connection with duties of the 
     individual as a holder of Federal office.
       ``(2) Return to dc.--If the individual is away from the 
     seat of Government on the date on which a covered period (as 
     so defined) begins, a contribution or donation described in 
     subsection (a) may be obligated and expended for travel by 
     the individual to return to the seat of Government.''.
       (c) Procedures in the Senate and House of 
     Representatives.--
       (1) In general.--During a covered period, in the Senate and 
     the House of Representatives--
       (A) it shall not be in order to move to proceed to any 
     matter except for--
       (i) a measure making appropriations for the fiscal year 
     during which the covered period begins;
       (ii) any motion required to determine the presence of or 
     produce a quorum; or
       (iii) on and after the 30th calendar day after the first 
     day of a covered period--

       (I) the nomination of an individual--

       (aa) to a position at level I of the Executive Schedule 
     under section 5312 of title 5, United States Code; or
       (bb) to serve as Chief Justice of the United States or an 
     Associate Justice of the Supreme Court of the United States; 
     or

       (II) a measure extending the period during which a program, 
     project, or activity is authorized to be carried out (without 
     substantive change to the program, project, or activity or 
     any other program, project, or activity) if--

       (aa) an appropriation Act with respect to the program, 
     project, or activity for the fiscal year during which the 
     covered period occurs has not been enacted; and
       (bb) the program, project, or activity has expired since 
     the beginning of such fiscal year or will expire during the 
     30-day period beginning on the date of the motion;
       (B) it shall not be in order to move to recess or adjourn 
     for a period of more than 23 hours; and
       (C) at noon each day, or immediately following any 
     constructive convening of the Senate under rule IV, paragraph 
     2 of the Standing Rules of the Senate, the Presiding Officer 
     shall direct the clerk to determine whether a quorum is 
     present.
       (2) Waiver.--
       (A) Limitation on period.--It shall not be in order in the 
     Senate or the House of Representatives to move to waive any 
     provision of paragraph (1) for a period that is longer than 7 
     days.
       (B) Supermajority vote.--A provision of paragraph (1) may 
     only be waived or suspended upon an affirmative vote of two-
     thirds of the Members of the applicable House of Congress, 
     duly chosen and sworn.
       (d) Motion to Proceed to Appropriations.--
       (1) In general.--On and after the 30th calendar day after 
     the first day of each fiscal year, if an appropriation Act 
     for such fiscal year with respect to a program, project, or 
     activity has not been enacted, it shall be in order in the 
     Senate, notwithstanding rule XXII or any pending executive 
     measure or matter, to move to proceed to any appropriations 
     bill or joint resolution for the program, project, or 
     activity that has been sponsored and cosponsored by not less 
     than 3 Senators who are members of or caucus with the party 
     in the majority in the Senate and not less than 3 Senators 
     who are members of or caucus with the party in the minority 
     in the Senate.
       (2) Consideration.--For a bill or joint resolution 
     described in paragraph (1)--
       (A) the bill or joint resolution may be considered the same 
     day as it is introduced and shall not have to lie over 1 day; 
     and
       (B) the motion to proceed to the bill or joint resolution 
     shall be debatable for not to exceed 6 hours, equally divided 
     between the proponents and opponents of the motion, and upon 
     the use or yielding back of time, the Senate shall vote on 
     the motion to proceed.

     SEC. 4004. BUDGETARY EFFECTS.

       (a) Classification of Budgetary Effects.--The budgetary 
     effects of this division and the amendments made by this 
     division shall be estimated as if this division and the 
     amendments made by this division are discretionary 
     appropriations Acts for purposes of section 251 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900 et seq.).
       (b) Baseline.--For purposes of calculating the baseline 
     under section 257 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 907), the provision of 
     budgetary resources under section 1311 of title 31, United 
     States Code, as added by this division, for an account shall 
     be considered to be a continuing appropriation in effect for 
     such account for less than the entire current year.
       (c) Enforcement of Discretionary Spending Limits.--For 
     purposes of enforcing the discretionary spending limits under 
     section 251(a) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)), the budgetary 
     resources made available under section 1311 of title 31, 
     United States Code, as added by this division, shall be 
     considered part-year appropriations for purposes of section 
     251(a)(4) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)(4)).

     SEC. 4005. EFFECTIVE DATE.

       This division and the amendments made by this division 
     shall take effect on September 30, 2023.
                                 ______
                                 
  SA 1233. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1092 proposed by Mrs. Murray (for herself and 
Ms. Collins) 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 DEPARTMENT OF VETERANS AFFAIRS INTEGRATED 
                   ENTERPRISE WORKFLOW SOLUTION SYSTEM.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report containing the following:
       (1) A description of efforts of the Secretary to secure 
     personal identifiable information (PII) and private protected 
     health information (PHI) within the Department of Veterans 
     Affairs Integrated Enterprise Workflow Solution (VIEWS) 
     system.
       (2) A description of actions taken by the Secretary to 
     secure other sensitive records of veterans within the system 
     described in paragraph (1).
                                 ______
                                 
  SA 1234. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1092 proposed by Mrs. Murray (for herself and 
Ms. Collins) 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 GUIDANCE AND OVERSIGHT OF IMPLEMENTATION 
                   OF ELIGIBILITY FOR COMMUNITY CARE FROM 
                   DEPARTMENT OF VETERANS AFFAIRS DUE TO WAIT 
                   TIMES FOR CARE FROM A FACILITY OF THE 
                   DEPARTMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Veterans Affairs shall submit to the appropriate 
     committees of Congress a report containing the following:
       (1) A description of oversight efforts undertaken or 
     quality assurance processes implemented to ensure accurate 
     calculations are used at facilities of the Department of 
     Veterans Affairs for the purposes of eligibility for 
     community care due to wait times for care from a facility of 
     the Department.
       (2) A description of any inaccurate calculations identified 
     and corrective actions that have been made with respect to 
     such eligibility.
       (3) A description of guidance or training undertaken to 
     ensure that facilities of the Department correctly determine 
     eligibility for community care from the Department due to 
     wait times for care from a facility of the Department 
     consistent with the designated access standards developed by 
     the Secretary under section 1703B of title 38, United States 
     Code.

[[Page S4564]]

       (b) Appropriate Committees of Congress.--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 1235. Mr. WARNOCK 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:

       On page 241, between lines 13 and 14, insert the following:

                aviation workforce development programs

       For an additional amount for ``Aviation Workforce 
     Development Programs'', to enable the Secretary of 
     Transportation to make grants for projects as authorized by 
     section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 
     40101 note) $20,000,000, to remain available until expended:  
     Provided, That amounts made available under this heading 
     shall be derived from the general fund:  Provided further, 
     That of the sums appropriated under this heading--
       (1) $10,000,000 shall be made available for projects 
     described in subsection (a)(1) of such section 625; and
       (2) $10,000,000 shall be made available for projects 
     described in subsection (a)(2) of such section 625.
                                 ______
                                 
  SA 1236. Mr. WARNOCK 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:

       On page 235, after line 20, add the following:

     alternative fuel and low-emission aviation technology program

       For an additional amount for the ``Alternative Fuel and 
     Low-Emission Aviation Technology Program'', to enable the 
     Secretary of Transportation to make grants for projects as 
     authorized by section 40007 of Public Law 117-169 (49 U.S.C. 
     44504 note) $703,000,000, to remain available until expended: 
      Provided, That amounts made available under this heading 
     shall be derived from the general fund:  Provided further, 
     That of the sums appropriated under this heading--
       (1) $489,258,000 shall be made available for projects 
     described in subsection (a)(1) of such section 40007;
       (2) $209,682,000 shall be made available for projects 
     described in subsection (a)(2) of such section 40007; and
       (3) $4,060,000 shall be made available to carry out 
     subsection (a)(3) of such section 40007.
                                 ______
                                 
  SA 1237. Mr. RUBIO 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 in title II of division C, insert 
     the following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Department of Housing and Urban Development to 
     impose updated minimum energy efficiency standards for new 
     housing financed by the Department as part of carrying out 
     the notice entitled ``Adoption of Energy Efficiency Standards 
     for New Construction of HUD- and USDA-Financed Housing'' (88 
     Fed. Reg. 31773 (May 18, 2023)).
                                 ______
                                 
  SA 1238. Mr. RUBIO 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 in title II of division C, insert 
     the following:
       Sec. __.  Notwithstanding any other provision of law, none 
     of the funds made available by this Act may be used to 
     administer a blood quantum test, DNA test, or any other 
     medical or chemical test intended to determine an 
     individual's race or racial composition for the purposes of 
     determining eligibility or level of program assistance for 
     any program, sub-activity, or project funded by this Act.
                                 ______
                                 
  SA 1239. Ms. ROSEN submitted an amendment intended to be proposed by 
her 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 II of Division C, insert 
     the following:
       Sec. __.  Using amounts made available under this title for 
     technical assistance that are not otherwise obligated, the 
     Secretary may provide technical assistance to States and 
     units of local government to support the efforts of States 
     and local governments to--
       (1) increase housing production and affordability; and
       (2) provide forums for communities to share best practices, 
     knowledge, and evidence-based expertise on ways to--
       (A) cut red tape;
       (B) reduce regulatory barriers to development;
       (C) lower development costs; and
       (D) deploy new technologies and innovations.
                                 ______
                                 
  SA 1240. Mr. BOOKER (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed to amendment SA 1092 proposed by Mrs. 
Murray (for herself and Ms. Collins) 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 matter under the heading ``federal-state 
     partnership for intercity passenger rail'' under the heading 
     ``Federal Railroad Administration'' under the heading 
     ``DEPARTMENT OF TRANSPORTATION'' in title I of division C, 
     strike ``$100,000,000'' and insert ``$1,500,000,000''.

                                 ______
                                 
  SA 1241. Mr. CRAMER (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 1092 proposed by Mrs. 
Murray (for herself and Ms. Collins) 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 title I of division C, insert after section 127 the 
     following:
       Sec. 128.  None of the funds made available by this Act may 
     be used to finalize, implement, administer, or enforce the 
     proposed rulemaking entitled ``National Performance 
     Management Measures; Assessing Performance of the National 
     Highway System, Greenhouse Gas Emissions Measure'' (87 Fed. 
     Reg. 42401 (July 15, 2022)) or a successor regulation.

                          ____________________