S.Amdt. 1121Senate118th Congress (2023-2025)2nd degree

To require congressional review of certain agency rulemaking.

Sponsored by Mike Lee
Submitted September 12, 2023

Legislative Activity

7 actions

Floor

Senate amendment proposed (on the floor): Amendment SA 1121 proposed by Senator Paul for Senator Lee to Amendment SA 1092.(consideration: CR S5282)

November 1, 2023

Floor

Roll call votes on amendments in Senate: Amendment SA 1121, under the order of 10/24/23, having not achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 46 - 51. Record Vote Number: 283.

November 1, 2023

Floor

Senate amendment not agreed to: Amendment SA 1121, under the order of 10/24/23, having not achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 46 - 51. Record Vote Number: 283.

November 1, 2023

Floor

Amendment SA 1121 proposed by Senator Paul for Senator Lee to Amendment SA 1092. (consideration: CR S5282) To require congressional review of certain agency rulemaking.

November 1, 2023

Floor

Amendment SA 1121, under the order of 10/24/23, having not achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 46 - 51. Record Vote Number: 283.

November 1, 2023

Floor

Senate amendment submitted

September 12, 2023

Show 1 earlier action
Floor

Senate amendment submitted

September 12, 2023

Text

Submitted

SA 1121. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:

At the end, add the following:

DIVISION D

CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

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

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

[[Page S4410]]

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

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

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

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

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

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

[[Page S4411]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) how many rules (as such term is defined in section 804
of title 5, United States Code) were in effect;
(2) how many major rules (as such term is defined in
section 804 of title 5, United States Code) were in effect;
and
(3) the total estimated economic cost imposed by all such
rules.
(b) Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States
shall submit a report (and publish the report on the website
of the Comptroller General) to Congress that contains the
findings of the study conducted under subsection (a).
____

SA 1122. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:

[[Page S4412]]

At the appropriate place in title VII of division B,
insert the following:
Sec. ___. (a) There is appropriated $3,000,000, to remain
available until expended, for the emergency and transitional
pet shelter and housing assistance grant program established
under section 12502(b) of the Agriculture Improvement Act of
2018 (34 U.S.C. 20127).
(b) Notwithstanding any other provision of this Act, the
total amount rescinded in section 745 is increased by
$3,000,000.
____

SA 1123. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. 4. REPORTING REGARDING TELEWORK.

(a) Definitions.--In this section, the terms ``employee'',
``locality pay area'', ``locality rate'', and ``official
worksite'' have the meanings given those terms in section
531.602 of title 5, Code of Federal Regulations.
(b) Reporting Requirement.--Not later than 30 days after
the date of enactment of this Act, the head of each agency or
department funded under division A, division B, or division C
of this Act shall submit to Congress a report containing--
(1) the number of employees of the agency or department
who, based upon information technology login information,
office swipe-ins, and other measurable and observable
factors, perform the majority of their working hours in a
locality pay area with a lower locality rate than the
locality rate for the locality pay area in which the official
worksite of the employee is located, but continue to receive
the higher locality rate associated with the official
worksite of the employee;
(2) the cost savings that would be achieved by adjusting
the locality rate for employees described in paragraph (1) to
be the locality rate for the locality pay area in which the
employees perform the majority of their working hours;
(3) the actions the agency or department has taken to audit
and adjust the locality rates for employees with a telework
agreement to account for the location from which the
employees perform the majority of their working hours;
(4) as of the date of enactment of this Act, the actions
the agency or department has taken to ensure oversight and
quality control of remote work;
(5) any additional steps the agency or department is
considering taking to improve oversight and quality control
of remote work;
(6) the typical daily onsite attendance in the office
buildings of the agency or department, as a proportion of the
total workforce of the agency or department;
(7) any guidance, initiatives, or other incentives in
effect to entice the employees of the agency or department to
return to working from the office buildings of the agency or
department;
(8) a description of the instances in which the agency or
department has exercised the authority under paragraph (2) of
section 531.605(d) of title 5, Code of Federal Regulations to
waive the twice-in-a-pay-period standard under paragraph (1)
of such section;
(9) the number of exceptions to the exercises of authority
described in paragraph (8) that have been revoked during each
month beginning on or after July 1, 2021;
(10) as of the date of enactment of this Act, the number of
employees for whom an exception described in paragraph (8)
remains in effect;
(11) a discussion of the monetary and environmental cost of
maintaining underutilized space for the agency or department,
in terms of energy use and carbon emissions;
(12) any steps the agency or department is taking or
planning to take on or before the date that is 30 days after
the date of enactment of this Act to reduce underutilization
of building and office space; and
(13) an analysis of the impacts of telework on the delivery
of services and response times, including any increase or
decrease in backlogs relative to the backlog as of March 1,
2020.
____

SA 1124. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in division A, insert the
following:
Sec. ___.  Of the funds made available by this division or
otherwise made available for fiscal year 2024 for the North
Atlantic Treaty Organization Security Investment Program, not
more than two percent may be obligated or expended.
______