[Congressional Record Volume 169, Number 159 (Friday, September 29, 2023)]
[Senate]
[Pages S4833-S4835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1308. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1292 proposed by Mr. Schumer (for Mrs. Murray) to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike division A and insert the following:

            DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024

        The following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for fiscal year 
     2024, and for other purposes, namely:
       Sec. 101. (a) Such amounts as may be necessary, at a rate 
     for operations as provided in the applicable appropriations 
     Acts for fiscal year 2023 and under the authority and 
     conditions provided in such Acts, for continuing projects or 
     activities (including the costs of direct loans and loan 
     guarantees) that are not otherwise specifically provided for 
     in this Act, that were conducted in fiscal year 2023, and for 
     which appropriations, funds, or other authority were made 
     available in the following appropriations Acts:
       (1) The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2023 
     (division A of Public Law 117-328).
       (2) The Commerce, Justice, Science, and Related Agencies 
     Appropriations Act, 2023 (division B of Public Law 117-328).
       (3) The Department of Defense Appropriations Act, 2023 
     (division C of Public Law 117-328).
       (4) The Energy and Water Development and Related Agencies 
     Appropriations Act, 2023 (division D of Public Law 117-328), 
     except the first proviso under the heading ``Department of 
     Energy--Energy Programs--SPR Petroleum Account''.
       (5) The Financial Services and General Government 
     Appropriations Act, 2023 (division E of Public Law 117-328).
       (6) The Department of Homeland Security Appropriations Act, 
     2023 (division F of Public Law 117-328), including title III 
     of division O of Public Law 117-328.
       (7) The Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2023 (division G of 
     Public Law 117-328).
       (8) The Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act, 2023 
     (division H of Public Law 117-328).
       (9) The Legislative Branch Appropriations Act, 2023 
     (division I of Public Law 117-328).
       (10) The Military Construction, Veterans Affairs, and 
     Related Agencies Appropriations Act, 2023 (division J of 
     Public Law 117-328).
       (11) The Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2023 (division K of 
     Public Law 117-328).
       (12) The Transportation, Housing and Urban Development, and 
     Related Agencies Appropriations Act, 2023 (division L of 
     Public Law 117-328).
       (b) The rate for operations provided by subsection (a) is 
     hereby reduced by 8.1285 percent, so that the total amount of 
     annualized discretionary budget authority for fiscal year 
     2024 is equal to $1,590,000,000,000:  Provided, That the 
     reduction in this subsection will not apply to the rate for 
     operations provided for the national defense budget function 
     (050), the Department of Veterans Affairs, or amounts 
     designated as being for disaster relief pursuant to section 
     251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 102. (a) No appropriation or funds made available or 
     authority granted pursuant to section 101 for the Department 
     of Defense shall be used for:
       (1) the new production of items not funded for production 
     in fiscal year 2023 or prior years;

[[Page S4834]]

       (2) the increase in production rates above those sustained 
     with fiscal year 2023 funds; or
       (3) the initiation, resumption, or continuation of any 
     project, activity, operation, or organization (defined as any 
     project, subproject, activity, budget activity, program 
     element, and subprogram within a program element, and for any 
     investment items defined as a P-1 line item in a budget 
     activity within an appropriation account and an R-1 line item 
     that includes a program element and subprogram element within 
     an appropriation account) for which appropriations, funds, or 
     other authority were not available during fiscal year 2023.
       (b) No appropriation or funds made available or authority 
     granted pursuant to section 101 for the Department of Defense 
     shall be used to initiate multi-year procurements utilizing 
     advance procurement funding for economic order quantity 
     procurement unless specifically appropriated later.
       Sec. 103.  Appropriations made by section 101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 104.  Except as otherwise provided in section 102, no 
     appropriation or funds made available or authority granted 
     pursuant to section 101 shall be used to initiate or resume 
     any project or activity for which appropriations, funds, or 
     other authority were not available during fiscal year 2023.
       Sec. 105.  Appropriations made and authority granted 
     pursuant to this Act shall cover all obligations or 
     expenditures incurred for any project or activity during the 
     period for which funds or authority for such project or 
     activity are available under this Act.
       Sec. 106.  Unless otherwise provided for in this Act or in 
     the applicable appropriations Act for fiscal year 2024, 
     appropriations and funds made available and authority granted 
     pursuant to this Act shall be available until whichever of 
     the following first occurs:
       (1) The enactment into law of an appropriation for any 
     project or activity provided for in this Act.
       (2) The enactment into law of the applicable appropriations 
     Act for fiscal year 2024 without any provision for such 
     project or activity.
       (3) October 31, 2023.
       Sec. 107.  Expenditures made pursuant to this Act shall be 
     charged to the applicable appropriation, fund, or 
     authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.
       Sec. 108.  Appropriations made and funds made available by 
     or authority granted pursuant to this Act may be used without 
     regard to the time limitations for submission and approval of 
     apportionments set forth in section 1513 of title 31, United 
     States Code, but nothing in this Act may be construed to 
     waive any other provision of law governing the apportionment 
     of funds.
       Sec. 109.  Notwithstanding any other provision of this Act, 
     except section 106, for those programs that would otherwise 
     have high initial rates of operation or complete distribution 
     of appropriations at the beginning of fiscal year 2024 
     because of distributions of funding to States, foreign 
     countries, grantees, or others, such high initial rates of 
     operation or complete distribution shall not be made, and no 
     grants shall be awarded for such programs funded by this Act 
     that would impinge on final funding prerogatives.
       Sec. 110.  This Act shall be implemented so that only the 
     most limited funding action of that permitted in the Act 
     shall be taken in order to provide for continuation of 
     projects and activities.
       Sec. 111. (a) For entitlements and other mandatory payments 
     whose budget authority was provided in appropriations Acts 
     for fiscal year 2023, and for activities under the Food and 
     Nutrition Act of 2008, activities shall be continued at the 
     rate to maintain program levels under current law, under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2023, to be continued 
     through the date specified in section 106(3).
       (b) Notwithstanding section 106, obligations for mandatory 
     payments due on or about the first day of any month that 
     begins after October 2023 but not later than 30 days after 
     the date specified in section 106(3) may continue to be made, 
     and funds shall be available for such payments.
       Sec. 112.  Amounts made available under section 101 for 
     civilian personnel compensation and benefits in each 
     department and agency may be apportioned up to the rate for 
     operations necessary to avoid furloughs within such 
     department or agency, consistent with the applicable 
     appropriations Act for fiscal year 2023, except that such 
     authority provided under this section shall not be used until 
     after the department or agency has taken all necessary 
     actions to reduce or defer non-personnel-related 
     administrative expenses.
       Sec. 113.  Funds appropriated by this Act may be obligated 
     and expended notwithstanding section 10 of Public Law 91-672 
     (22 U.S.C. 2412), section 15 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (22 U.S.C. 6212), and section 504(a)(1) of the National 
     Security Act of 1947 (50 U.S.C. 3094(a)(1)).
       Sec. 114. (a) Each amount incorporated by reference in this 
     Act that was previously designated by the Congress as an 
     emergency requirement pursuant to section 4001(a)(1) of S. 
     Con. Res. 14 (117th Congress), the concurrent resolution on 
     the budget for fiscal year 2022, and section 1(e) of H. Res. 
     1151 (117th Congress), as engrossed in the House of 
     Representatives on June 8, 2022, is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       (b) Each amount incorporated by reference in this Act that 
     was previously designated as being for disaster relief 
     pursuant to a concurrent resolution on the budget in the 
     Senate and section 1(f) of H. Res. 1151 (117th Congress), as 
     engrossed in the House of Representatives on June 8, 2022, is 
     designated by the Congress as being for disaster relief 
     pursuant to section 251(b)(2)(D) of such Act.
       (c) This section shall become effective immediately upon 
     enactment of this Act, and shall remain in effect through the 
     date in section 106(3).
       Sec. 115. (a) Rescissions or cancellations of discretionary 
     budget authority that continue pursuant to section 101 in 
     Treasury Appropriations Fund Symbols (TAFS)--
       (1) to which other appropriations are not provided by this 
     Act, but for which there is a current applicable TAFS that 
     does receive an appropriation in this Act; or
       (2) which are no-year TAFS and receive other appropriations 
     in this Act,
     may be continued instead by reducing the rate for operations 
     otherwise provided by section 101 for such current applicable 
     TAFS, as long as doing so does not impinge on the final 
     funding prerogatives of the Congress.
       (b) Rescissions or cancellations described in subsection 
     (a) shall continue in an amount equal to the lesser of--
       (1) the amount specified for rescission or cancellation in 
     the applicable appropriations Act referenced in section 101 
     of this Act; or
       (2) the amount of balances available, as of October 1, 
     2023, from the funds specified for rescission or cancellation 
     in the applicable appropriations Act referenced in section 
     101 of this Act.
       (c) No later than October 11, 2023, the Director of the 
     Office of Management and Budget shall provide to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a comprehensive list of the rescissions or 
     cancellations that will continue pursuant to section 101:  
     Provided, That the information in such comprehensive list 
     shall be periodically updated to reflect any subsequent 
     changes in the amount of balances available, as of October 1, 
     2023, from the funds specified for rescission or cancellation 
     in the applicable appropriations Act referenced in section 
     101, and such updates shall be transmitted to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate upon request.
       Sec. 116.  Amounts made available by section 101 for ``Farm 
     Service Agency--Agricultural Credit Insurance Fund Program 
     Account'' may be apportioned up to the rate for operations 
     necessary to accommodate approved applications for direct and 
     guaranteed farm ownership loans, as authorized by 7 U.S.C. 
     1922 et seq.
       Sec. 117.  Amounts made available by section 101 to the 
     Department of Agriculture for ``Rural Housing Service--Rental 
     Assistance Program'' may be apportioned up to the rate for 
     operations necessary to maintain activities as authorized by 
     section 521(a)(2) of the Housing Act of 1949.
       Sec. 118.  Section 260 of the Agricultural Marketing Act of 
     1946 (7 U.S.C. 1636i) and section 942 of the Livestock 
     Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public 
     Law 106-78) shall be applied by substituting the date 
     specified in section 106(3) of this Act for ``September 30, 
     2023''.
       Sec. 119.  Notwithstanding sections 102 and 104 of this 
     Act, amounts made available by section 101(3) for the 
     Department of Defense may be apportioned up to the rate for 
     operations necessary to facilitate the programs and 
     activities set forth in H.R. 4365, the Department of Defense 
     Appropriations Act, 2024, reported by the House Committee on 
     Appropriations on June 27, 2023, subject to the terms and 
     conditions therein.
       Sec. 120.  Notwithstanding sections 102 and 104 of this 
     Act, amounts made available by section 101 to the Department 
     of Defense for ``Shipbuilding and Conversion, Navy'' shall be 
     available for the procurement of one Columbia Class 
     Submarine.
       Sec. 121.  During the period covered by this Act, section 
     714(b)(2)(B) of title 10, United States Code, shall be 
     applied by substituting ``four years'' for ``two years''.
       Sec. 122.  In addition to amounts otherwise provided by 
     section 101, amounts are provided for ``Department of 
     Energy--Energy Programs--Nuclear Energy'' at a rate for 
     operations of $220,000,000:  Provided, That amounts are 
     provided for necessary expenses related to Risk Reduction for 
     Future Demonstrations at a rate for operations of 
     $120,000,000 and Advanced Nuclear Fuel Availability at a rate 
     for operations of $100,000,000.
       Sec. 123.  Amounts made available by section 101 for 
     ``Small Business Administration--Business Loans Program 
     Account'' may be apportioned up to the rate for operations 
     necessary to accommodate increased demand for commitments for 
     general business loans authorized under paragraphs (1) 
     through (35) of section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)), for commitments to guarantee trust 
     certificates authorized by section 5(g) of the Small Business 
     Act (15 U.S.C. 634(g)), for commitments to guarantee loans 
     under section 503 of the Small Business Investment Act of 
     1958 (15 U.S.C. 697), and for commitments to guarantee loans 
     for debentures under section 303(b) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 683(b)).

[[Page S4835]]

       Sec. 124.  Notwithstanding any other provision of this Act, 
     except section 106, the District of Columbia may expend local 
     funds made available under the heading ``District of 
     Columbia--District of Columbia Funds'' for such programs and 
     activities under the District of Columbia Appropriations Act, 
     2023 (title IV of division E of Public Law 117-328) at the 
     rate set forth in the Fiscal Year 2024 Local Budget Act of 
     2023 (D.C. Bill 25-161), as modified as of the date of 
     enactment of this Act.
       Sec. 125.  Amounts made available by section 101 to the 
     Department of Homeland Security under the heading ``Federal 
     Emergency Management Agency--Disaster Relief Fund'' may be 
     apportioned up to the rate for operations necessary to carry 
     out response and recovery activities under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       Sec. 126.  Amounts provided by section 101 shall not be 
     made available to utilize the U.S. Customs and Border 
     Protection CBP One Application, or any successor application, 
     to facilitate the parole of any alien into the United States.
       Sec. 127. (a) Amounts provided by section 101 shall not be 
     made available to transport aliens unlawfully present in, 
     paroled into, or inadmissible to the United States into the 
     interior of the United States for purposes other than 
     enforcement of the immigration laws (as such term is defined 
     in section 101 of the Immigration and Nationality Act (8 
     U.S.C. 1101)).
       (b) The limitation under subsection (a) shall not apply 
     with respect to amounts made available to transport 
     unaccompanied alien children (as such term is defined in 
     section 462 of the Homeland Security Act of 2002 (6 U.S.C. 
     279)).
       Sec. 128.  Amounts provided by section 101 shall not be 
     made available to issue any employment authorization document 
     or similar document to any alien whose application for asylum 
     in the United States has been denied, or who is convicted of 
     a Federal or State crime while his or her application for 
     asylum in the United States is pending.
       Sec. 129.  Amounts provided by section 101 shall not be 
     made available to obligate, expend, or transfer to another 
     Federal agency, board, or commission to be used to dismantle, 
     demolish, remove, or damage existing United States-Mexico 
     physical barriers at any location where such barriers have 
     been constructed as of the date of enactment of this Act 
     unless such barrier is simultaneously being repaired or 
     replaced.
       Sec. 130.  Amounts provided by section 101 shall not be 
     made available to implement, administer, or otherwise carry 
     out the activities and policies described in the memorandum 
     issued by the Secretary of Homeland Security on September 30, 
     2021, entitled ``Guidelines for the Enforcement of Civil 
     Immigration Law'' or described in the memorandum issued by 
     Kerry Doyle, Immigration and Customs Enforcement Principal 
     Legal Advisor on April 3, 2022, entitled ``Guidance to OPLA 
     Attorneys Regarding the Enforcement of Civil Immigration Laws 
     and the Exercise of 20 Prosecutorial Discretion'' or any 
     successor or similar memorandum or policy.
       Sec. 131.  Amounts provided by section 101 shall not be 
     made available to implement, administer, or otherwise carry 
     out the policies described in the directive issued by the 
     Acting Commissioner of U.S. Customs and Border Protection on 
     January 10, 2023, entitled ``Emergency Driving and Vehicular 
     Pursuits''.
       Sec. 132.  Amounts provided by section 101 shall not be 
     made available to implement, administer, or enforce the rule 
     entitled ``Procedures or Credible Fear Screening and 
     Consideration of Asylum, Withholding of Removal, and CAT 
     Protection Claims by Asylum Officers'' (87 Fed. Reg. 18078).
       Sec. 133.  Amounts provided by section 101 shall not be 
     made available to release (including pursuant to parole or 
     release pursuant to section 236(a) of the Immigration and 
     Nationality Act but excluding as expressly authorized 
     pursuant to section 212(d)(5)) an alien described in section 
     235(b)(1)(A)(i)-(ii), (b)(1)(B), or (b)(2), other than to be 
     removed, including to a country described in section 
     208(a)(2)(A), or returned to a country as described in 
     section 235(b)(3).
       Sec. 134.  Amounts provided by section 101 shall not be 
     made available to implement, administer, or enforce the rule 
     related to ``Circumvention of Lawful Pathways'' (88 Fed. Reg. 
     11704).
       Sec. 135. (a) Sections 1309(a) and 1319 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) 
     shall be applied by substituting the date specified in 
     section 106(3) of this Act for ``September 30, 2023''.
       (b)(1) Subject to paragraph (2), this section shall become 
     effective immediately upon enactment of this Act.
       (2) If this Act is enacted after September 30, 2023, this 
     section shall be applied as if it were in effect on September 
     30, 2023.
       Sec. 136. (a) Of the amounts made available pursuant to 
     section 40803(c)(2) of Public Law 117-58, the Secretary of 
     Agriculture shall transfer to the Secretary of the Interior 
     such sums as are necessary to continue without interruption 
     the Federal wildland firefighter base salary increase 
     provided under Section 40803(d)(4)(B) of such Public Law.
       (b) In carrying out subsection (a), the Secretary of 
     Agriculture--
       (1) may make more than one transfer of funds under this 
     section; and
       (2) may not transfer a total amount of funds greater than 
     $17,250,000.
       (c) No funds transferred pursuant to this section may be 
     obligated without prior written notification, to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, of the date of the transfer, the total amount 
     to be transferred, and the remaining funds available for 
     transfer.
       Sec. 137.  Notwithstanding section 101, section 126 of 
     Division J of Public Law 117-328 shall be applied during the 
     period covered by this Act by substituting ``fiscal year 
     2017, fiscal year 2018, and fiscal year 2019'' for ``fiscal 
     year 2017 and fiscal year 2018''.
        This division may be cited as the ``Continuing 
     Appropriations Act, 2024''.

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