S.Amdt. 1307

SA 1307. 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.

[[Page S4832]]

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;
(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

[[Page S4833]]

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)).
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''.
Sec. 138.  None the funds made available under this Act or
an amendment made by this Act may be obligated or expended
for any program, project, or activity in Ukraine or that is
related to the war in Ukraine, including any intelligence
sharing program, project, or activity.
This division may be cited as the ``Continuing
Appropriations Act, 2024''.
______