[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3746 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 84
118th CONGRESS
1st Session
H. R. 3746
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 31 (legislative day, May 30), 2023
Received and read the first time
May 31, 2023
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To provide for a responsible increase to the debt ceiling.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Responsibility Act of 2023''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--LIMIT FEDERAL SPENDING
TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY
Sec. 101. Discretionary spending limits.
Sec. 102. Special adjustments for fiscal years 2024 and 2025.
Sec. 103. Budgetary treatment of previously enacted emergency
requirements.
TITLE II--BUDGET ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES
Sec. 111. Authority for Fiscal Year 2024 Budget Resolution in the House
of Representatives.
Sec. 112. Limitation on Advance Appropriations in the House of
Representatives.
Sec. 113. Exercise of rulemaking powers.
TITLE III--BUDGET ENFORCEMENT IN THE SENATE
Sec. 121. Authority for fiscal year 2024 budget resolution in the
Senate.
Sec. 122. Authority for fiscal year 2025 budget resolution in the
Senate.
Sec. 123. Limitation on advance appropriations in the Senate.
Sec. 124. Exercise of rulemaking powers.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED FUNDS
Sec. 1. Rescission of unobligated funds.
Sec. 2. Rescission of unobligated funds.
Sec. 3. Rescission of unobligated funds.
Sec. 4. Rescission of unobligated funds.
Sec. 5. Rescission of unobligated funds.
Sec. 6. Rescission of unobligated funds.
Sec. 7. Rescission of unobligated funds.
Sec. 8. Rescission of unobligated funds.
Sec. 9. Rescission of unobligated funds.
Sec. 10. Rescission of unobligated funds.
Sec. 11. Rescission of unobligated funds.
Sec. 12. Rescission of unobligated funds.
Sec. 13. Rescission of unobligated funds.
Sec. 14. Rescission of unobligated funds.
Sec. 15. Rescission of unobligated funds.
Sec. 16. Rescission of unobligated funds.
Sec. 17. Rescission of unobligated funds.
Sec. 18. Rescission of unobligated funds.
Sec. 19. Rescission of unobligated funds.
Sec. 20. Rescission of unobligated funds.
Sec. 21. Rescission of unobligated funds.
Sec. 22. Rescission of unobligated funds.
Sec. 23. Rescission of unobligated funds.
Sec. 24. Rescission of unobligated funds.
Sec. 25. Rescission of unobligated funds.
Sec. 26. Rescission of unobligated funds.
Sec. 27. Rescission of unobligated funds.
Sec. 28. Rescission of unobligated funds.
Sec. 29. Rescission of unobligated funds.
Sec. 30. Rescission of unobligated funds.
Sec. 31. Rescission of unobligated funds.
Sec. 32. Rescission of unobligated funds.
Sec. 33. Rescission of unobligated funds.
Sec. 34. Rescission of unobligated funds.
Sec. 35. Rescission of unobligated funds.
Sec. 36. Rescission of unobligated funds.
Sec. 37. Rescission of unobligated funds.
Sec. 38. Rescission of unobligated funds.
Sec. 39. Rescission of unobligated funds.
Sec. 40. Rescission of unobligated funds.
Sec. 41. Rescission of unobligated funds.
Sec. 42. Rescission of unobligated funds.
Sec. 43. Rescission of unobligated funds.
Sec. 44. Rescission of unobligated funds.
Sec. 45. Rescission of unobligated funds.
Sec. 46. Rescission of unobligated funds.
Sec. 47. Rescission of unobligated funds.
Sec. 48. Rescission of unobligated funds.
Sec. 49. Rescission of unobligated funds.
Sec. 50. Rescission of unobligated funds.
Sec. 51. Rescission of unobligated funds.
Sec. 52. Rescission of unobligated funds.
Sec. 53. Rescission of unobligated funds.
Sec. 54. Rescission of unobligated funds.
Sec. 55. Rescission of unobligated funds.
Sec. 56. Rescission of unobligated funds.
Sec. 57. Rescission of unobligated funds.
Sec. 58. Rescission of unobligated funds.
Sec. 59. Rescission of unobligated funds.
Sec. 60. Rescission of unobligated funds.
Sec. 61. Rescission of unobligated funds.
Sec. 62. Rescission of unobligated funds.
Sec. 63. Rescission of unobligated funds.
Sec. 64. Rescission of unobligated funds.
Sec. 65. Rescission of unobligated funds.
Sec. 66. Rescission of unobligated funds.
Sec. 67. Rescission of unobligated funds.
Sec. 68. Rescission of unobligated funds.
Sec. 69. Rescission of unobligated funds.
Sec. 70. Rescission of unobligated funds.
Sec. 71. Rescission of unobligated funds.
Sec. 72. Rescission of unobligated funds.
Sec. 73. Rescission of unobligated funds.
Sec. 74. Rescission of unobligated funds.
Sec. 75. Rescission of unobligated funds.
Sec. 76. Rescission of unobligated funds.
Sec. 77. Rescission of unobligated funds.
Sec. 78. Rescission of unobligated funds.
Sec. 79. Rescission of unobligated funds.
Sec. 80. Rescission of unobligated funds.
Sec. 81. Rescission of unobligated funds.
TITLE II--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
Sec. 251. Rescission of certain balances made available to the Internal
Revenue Service.
TITLE III--STATUTORY ADMINISTRATIVE PAY-AS-YOU-GO
Sec. 261. Short title.
Sec. 262. Definitions.
Sec. 263. Requirements for administrative actions that affect direct
spending.
Sec. 264. Issuance of administrative guidance.
Sec. 265. Waiver.
Sec. 266. Exemption.
Sec. 267. Judicial review.
Sec. 268. Sunset.
Sec. 269. GAO report.
Sec. 270. Congressional Review Act compliance assessment.
TITLE IV--TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL STUDENT
LOANS; RESUMPTION OF ACCRUAL OF INTEREST AND COLLECTIONS
Sec. 271. Termination of suspension of payments on Federal student
loans; resumption of accrual of interest
and collections.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
Sec. 301. Recalibration of the caseload reduction credit.
Sec. 302. Pilot projects for promoting accountability by measuring work
outcomes.
Sec. 303. Elimination of small checks scheme.
Sec. 304. Reporting of work outcomes.
Sec. 305. Effective date.
TITLE II--SNAP EXEMPTIONS
Sec. 311. Modification of work requirement exemptions.
Sec. 312. Modification of general exemptions.
Sec. 313. Supplemental nutrition assistance program under the Food and
Nutrition Act of 2008.
Sec. 314. Waiver transparency.
TITLE III--PERMITTING REFORM
Sec. 321. Builder Act.
Sec. 322. Interregional Transfer Capability Determination Study.
Sec. 323. Permitting streamlining for energy storage.
Sec. 324. Expediting completion of the Mountain Valley Pipeline.
DIVISION D--INCREASE IN DEBT LIMIT
Sec. 401. Temporary extension of public debt limit.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--LIMIT FEDERAL SPENDING
TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY
SEC. 101. DISCRETIONARY SPENDING LIMITS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended--
(1) in paragraph (7)(B), by striking ``and'' at the end;
and
(2) by inserting after paragraph (8) the following:
``(9) for fiscal year 2024--
``(A) for the revised security category,
$886,349,000,000 in new budget authority; and
``(B) for the revised nonsecurity category;
$703,651,000,000 in new budget authority; and
``(10) for fiscal year 2025--
``(A) for the revised security category,
$895,212,000,000 in new budget authority; and
``(B) for the revised nonsecurity category;
$710,688,000,000 in new budget authority;''.
(b) Conforming Amendments to Adjustments.--
(1) Continuing disability reviews and rederminations.--
Section 251(b)(2)(B)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(A) in subclause (IX), by striking ``and'' at the
end;
(B) in subclause (X), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (X) the following:
``(XI) for fiscal year 2024, $1,578,000,000
in additional new budget authority; and
``(XII) for fiscal year 2025,
$1,630,000,000 in additional new budget
authority.''.
(2) Health care fraud and abuse control.--Section
251(b)(2)(C)(i) of such Act is amended--
(A) in subclause (IX), by striking ``and'' at the
end;
(B) in subclause (X), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (X) the following:
``(XI) for fiscal year 2024, $604,000,000
in additional new budget authority; and
``(XII) for fiscal year 2025, $630,000,000
in additional new budget authority.''.
(3) Disaster funding.--Section 251(b)(2)(D)(i) of such Act
is amended--
(A) in the matter preceding subclause (I), by
striking ``for fiscal years 2012 through 2021'' and
inserting ``for fiscal years 2024 and 2025''; and
(B) by amending subclause (II) to read as follows:
``(II) notwithstanding clause (iv),
five percent of the total
appropriations provided in the previous
10 years, net of any rescissions of
budget authority enacted in the same
period, with respect to amounts
provided for major disasters declared
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)
and designated by the Congress in
statute as an emergency; and''.
(4) Reemployment services and eligibility assessments.--
Section 251(b)(2)(E)(i) of such Act is amended--
(A) in subclause (III), by striking ``and'' at the
end;
(B) in subclause (IV), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (IV) the
following:
``(V) for fiscal year 2024,
$265,000,000 in additional new budget
authority; and
``(VI) for fiscal year 2025,
$271,000,000 in additional new budget
authority.''.
(c) Conforming Amendments Relating to Sequestration Reports.--
Section 254 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 904) is amended--
(1) in subsection (c)(2), by striking ``2021'' and
inserting ``2025''; and
(2) in subsection (f)(2)(A), by striking ``2021'' and
inserting ``2025''.
(d) Appropriation for Cost of War Toxic Exposures Fund.--In
addition to amounts otherwise available for such purposes, there are
appropriated, out of any money in the Treasury not otherwise
appropriated, for investment in the delivery of veterans' health care
associated with exposure to environmental hazards, the expenses
incident to the delivery of veterans' health care and benefits
associated with exposure to environmental hazards, and medical and
other research relating to exposure to environmental hazards, as
authorized by section 324 of title 38, United States Code--
(1) $20,268,000,000, which shall become available on
October 1, 2023, and shall remain available until September 30,
2028; and
(2) $24,455,000,000, which shall become available on
October 1, 2024, and shall remain available until September 30,
2029.
(e) Appropriation for Department of Commerce Nonrecurring Expenses
Fund.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Department of Commerce
Nonrecurring Expenses Fund for fiscal year 2023, out of any
money in the Treasury not otherwise appropriated,
$22,000,000,000, to remain available until expended, of which--
(A) $11,000,000,000 is to carry out programs
related to Government efficiencies in fiscal year 2024;
and
(B) $11,000,000,000 is to carry out programs
related to Government efficiencies in fiscal year 2025.
(2) Limitation on transfer.--Funds provided by paragraph
(1) shall not be subject to any transfer authority provided by
law.
(3) Report requirements.--Reporting requirements in section
111(a) of division B of Public Law 116-93 shall apply to funds
provided by paragraph (1).
(4) Statutory paygo scorecards.--The budgetary effects of
this subsection shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay As-
You-Go Act of 2010.
(5) Senate paygo scorecards.--The budgetary effects of this
subsection and each succeeding division shall not be entered on
any PAYGO scorecard maintained for purposes of section 4106 of
H. Con. Res. 71 (115th Congress).
(6) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(7)
and (c)(8) of the Balanced Budget and Emergency Deficit Control
Act of 1985, the budgetary effects of this subsection shall be
estimated for purposes of section 251 of such Act and as
appropriations for discretionary accounts for purposes of the
allocation to the Committee on Appropriations pursuant to
section 302(a) of the Congressional Budget Act of 1974 and the
concurrent resolution on the budget.
(f) Additional Spending Limits.--For purposes of section 302(a)(5)
of the Congressional Budget and Impoundment Control Act of 1974, in the
following applicable fiscal years, the following discretionary spending
limits shall apply:
(1) Fiscal year 2026, $1,621,959,000,000.
(2) Fiscal year 2027, $1,638,179,000,000.
(3) Fiscal year 2028, $1,654,560,000,000.
(4) Fiscal year 2029, $1,671,106,000,000.
SEC. 102. SPECIAL ADJUSTMENTS FOR FISCAL YEARS 2024 AND 2025.
Section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by adding at the end the following:
``(d) Revised Discretionary Spending Limits for Fiscal Year 2024.--
``(1) In general.--Subject to paragraph (3), if on or after
January 1, 2024, there is in effect an Act making continuing
appropriations for part of fiscal year 2024 for any
discretionary budget account, the discretionary spending limits
specified in subsection (c)(9) for fiscal year 2024 shall be
adjusted in the final sequestration report, in accordance with
paragraph (2), as follows:
``(A) For the revised security category, the amount
that is equal to the total budget authority for such
category for base funding, as published in the
Congressional Budget Office cost estimate for the
applicable appropriations Acts for the preceding fiscal
year (table 1-S of H.R. 2617, published on December 21,
2022), reduced by one percent.
``(B) For the revised non-security category, the
amount that is equal to the total budget authority for
such category for base funding as published in the
Congressional Budget Office cost estimate for the
applicable appropriations Acts for the preceding fiscal
year (table 1-S of H.R. 2617, published on December 21,
2022), reduced by one percent.
``(2) Final report; sequestration order.--If the conditions
specified in paragraph (1) are met during fiscal year 2024, the
final sequestration report for such fiscal year pursuant to
section 254(f)(1) and any order pursuant to section 254(f)(5)
shall be issued on the earlier of--
``(A) 10 days, not including weekends and holidays,
for the Congressional Budget Office and 15 days, not
including weekends and holidays, for the Office of
Management and Budget and the President, after the
enactment into law of annual full-year appropriations
for all budget accounts that normally receive such
annual appropriations (or the enactment of the
applicable full-year appropriations Acts without any
provision for such accounts); or
``(B) April 30, 2024.
``(3) Reversal.--If, after January 1, 2024, there are
enacted into law each of the full year discretionary
appropriation Acts, then the adjustment to the applicable
discretionary spending limits in paragraph (1) shall have no
force or effect, and the discretionary spending limits for the
revised security category and revised nonsecurity category for
the applicable fiscal year shall be such limits as in effect on
December 31 of the applicable fiscal year.
``(e) Revised Discretionary Spending Limits for Fiscal Year 2025.--
``(1) In general.--Subject to paragraph (3), if on or after
January 1, 2025, there is in effect an Act making continuing
appropriations for part of fiscal year 2025 for any
discretionary budget account, the discretionary spending limits
specified in subsection (c)(10) for fiscal year 2025 shall be
adjusted in the final sequestration report, in accordance with
paragraph (2), as follows:
``(A) for the revised security category, the amount
calculated for such category in section (d)(1)(A); and
``(B) for the revised non-security category, the
amount calculated for each category in section
(d)(1)(B).
``(2) Final report; sequestration order.--If the conditions
specified in paragraph (1) are met during fiscal year 2025, the
final sequestration report for such fiscal year pursuant to
section 254(f)(1) and any order pursuant to section 254(f)(5)
shall be issued on the earlier of--
``(A) 10 days, not including weekends and holidays,
for the Congressional Budget Office, and 15 days, not
including weekends and holidays, for the Office of
Management and Budget and the President, after the
enactment into law of annual full-year appropriations
for all budget accounts that normally receive such
annual appropriations (or the enactment of the
applicable full-year appropriations Acts without any
provision for such accounts); or
``(B) April 30, 2025.
``(3) Reversal.--If, after January 1, 2025, there are
enacted into law each of the full year discretionary
appropriation Acts, then the adjustment to the applicable
discretionary spending limits in paragraph (1) shall have no
force or effect, and the discretionary spending limits for the
revised security category and revised nonsecurity category for
the applicable fiscal year shall be such limits as in effect on
December 31 of the applicable fiscal year.''.
SEC. 103. BUDGETARY TREATMENT OF PREVIOUSLY ENACTED EMERGENCY
REQUIREMENTS.
(a) In General.--Notwithstanding section 905(c) of division J of
Public Law 117-58 and section 23005(c) of division B of Public Law 117-
159, Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying
Conference Report 105-217, and sections 250(c)(7) and (c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects for any fiscal year for the amounts specified in
subsection (b) shall not count for purposes of section 251 of such Act.
(b) Amounts.--The amounts specified in this subsection are--
(1) amounts designated by the Congress as being for an
emergency requirement pursuant to section 4001(a)(1) and
section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, in
division B of the Bipartisan Safer Communities Act (Public Law
117-159);
(2) amounts designated by the Congress as an emergency
requirement pursuant to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985 in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58); and
(3) amounts designated by the Congress as being for an
emergency requirement pursuant to section 4001(a)(1) and
section 4001(b) 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) in section 443(b)
in division G of the Consolidated Appropriations Act, 2023
(Public Law 117-328).
TITLE II--BUDGET ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES
SEC. 111. AUTHORITY FOR FISCAL YEAR 2024 BUDGET RESOLUTION IN THE HOUSE
OF REPRESENTATIVES.
(a) Fiscal Year 2024.--For the purpose of enforcing the
Congressional Budget Act of 1974 for fiscal year 2024, the allocations,
aggregates, and levels provided for in subsection (b) shall apply in
the House of Representatives in the same manner as for a concurrent
resolution on the budget for fiscal year 2024 with appropriate
budgetary levels for fiscal year 2024 and for fiscal years 2025 through
2033.
(b) Committee Allocations, Aggregates, and Levels.--In the House of
Representatives, the Chair of the Committee on the Budget shall submit
a statement for publication in the Congressional Record as soon as
practicable containing--
(1) for the Committee on Appropriations, committee
allocations for fiscal year 2024 consistent with discretionary
spending limits set forth in section 251(c)(9) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as added by
this Act, and the outlays flowing therefrom, and committee
allocations for fiscal year 2024 for current law mandatory
budget authority and outlays, for the purpose of enforcing
section 302 of the Congressional Budget Act of 1974;
(2) for all committees of the House of Representatives
other than the Committee on Appropriations, committee
allocations for fiscal year 2024 and for the period of fiscal
years 2025 through 2033 consistent with the most recent
baseline of the Congressional Budget Office, as adjusted, to
the extent practicable, for the budgetary effects of any
provision of law enacted during the period beginning on the
date such baseline is issued and ending on the date of
submission of such statement, for the purpose of enforcing
section 302 of the Congressional Budget Act of 1974;
(3) aggregate spending levels for fiscal year 2024 in
accordance with the allocations established under paragraphs
(1) and (2), for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974; and
(4) aggregate revenue levels for fiscal year 2024 and for
the period of fiscal years 2025 through 2033 consistent with
the most recent baseline of the Congressional Budget Office, as
adjusted, to the extent practicable, for the budgetary effects
of any provision of law enacted during the period beginning on
the date such baseline is issued and ending on the date of
submission of such statement, for the purpose of enforcing
section 311 of the Congressional Budget Act of 1974.
(c) Adjustments.--The Chair of the Committee on the Budget of the
House of Representatives may adjust the allocations, aggregates, and
other budgetary levels included in the statement referred to in
subsection (b)--
(1) to reflect changes resulting from the Congressional
Budget Office's updates to its baseline for fiscal years 2024
through 2033; or
(2) for any bill, joint resolution, amendment, or
conference report by the amounts provided in such measure if
such measure would not increase the deficit for either of the
following time periods: fiscal year 2024 to fiscal year 2028 or
fiscal year 2024 to fiscal year 2033.
(d) Expiration.--Subsections (a) through (c) shall no longer apply
if a concurrent resolution on the budget for fiscal year 2024 is agreed
to by the Senate and House of Representatives.
SEC. 112. LIMITATION ON ADVANCE APPROPRIATIONS IN THE HOUSE OF
REPRESENTATIVES.
(a) In General.--In the House of Representatives, except as
provided in subsection (b), any general appropriation bill or bill or
joint resolution continuing appropriations, or amendment thereto or
conference report thereon, may not provide an advance appropriation.
(b) Exceptions.--An advance appropriation may be provided for
programs, activities or accounts identified in lists submitted for
printing in the Congressional Record by the Chair of the Committee on
the Budget--
(1) for fiscal year 2025, under the heading ``accounts
identified for advance appropriations'' in an aggregate amount
not to exceed $28,852,000,000 in new budget authority;
(2) for fiscal year 2025, under the heading ``veterans
accounts identified for advance appropriations''; and
(3) for fiscal year 2025, under the heading ``indian health
accounts identified for advance appropriations'' in an
aggregate amount not to exceed the total budget authority
provided for such accounts for fiscal year 2024 in bills or
joint resolutions making appropriations for fiscal year 2024.
(c) Definition.--The term ``advance appropriation'' means any new
discretionary budget authority provided in a general appropriation bill
or bill or joint resolution continuing appropriations for fiscal year
2024, or any amendment thereto or conference report thereon, that first
becomes available following fiscal year 2024.
(d) Expiration.--The preceding subsections of this section shall
expire if a concurrent resolution on the budget for fiscal year 2024 is
agreed to by the Senate and the House of Representatives pursuant to
section 301 of the Congressional Budget Act of 1974.
SEC. 113. EXERCISE OF RULEMAKING POWERS.
This title is enacted by the House of Representatives--
(1) as an exercise of the rulemaking power of the House,
and as such shall be considered as part of the rules of the
House, and such rules shall supersede other rules only to the
extent that it is inconsistent therewith; and
(2) with full recognition of the constitutional right of
the House to change such rules (so far as relating to the
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of the House.
TITLE III--BUDGET ENFORCEMENT IN THE SENATE
SEC. 121. AUTHORITY FOR FISCAL YEAR 2024 BUDGET RESOLUTION IN THE
SENATE.
(a) Fiscal Year 2024.--For the purpose of enforcing the
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) and enforcing
budgetary points of order in prior concurrent resolutions on the
budget, the allocations, aggregates, and levels provided for in
subsection (b) shall apply in the Senate in the same manner as for a
concurrent resolution on the budget for fiscal year 2024 with
appropriate budgetary levels for fiscal year 2024 and for fiscal years
2025 through 2033.
(b) Committee Allocations, Aggregates, and Levels.--The Chairman of
the Committee on the Budget of the Senate shall submit a statement for
publication in the Congressional Record as soon as practicable after
the date of enactment of this Act that includes--
(1) for the Committee on Appropriations of the Senate,
committee allocations for fiscal year 2024 consistent with the
discretionary spending limits set forth in section 251(c) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended by this Act, and the outlays flowing therefrom, for
the purpose of enforcing section 302 of the Congressional
Budget Act of 1974;
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years 2024,
2024 through 2028, and 2024 through 2033, consistent with the
May 2023 baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline
was issued and ending on the date of submission of such
statement, for the purpose of enforcing section 302 of the
Congressional Budget Act of 1974 (2 U.S.C. 633);
(3) aggregate spending levels for fiscal year 2024 in
accordance with the allocations established under paragraphs
(1) and (2), for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974 (2 U.S.C. 642);
(4) aggregate revenue levels for fiscal years 2024, 2024
through 2028, and 2024 through 2033, consistent with the May
2023 baseline of the Congressional Budget Office, as adjusted
for the budgetary effects of any provision of law enacted
during the period beginning on the date such baseline was
issued and ending on the date of submission of such statement,
for the purpose of enforcing section 311 of the Congressional
Budget Act of 1974 (2 U.S.C. 642);
(5) levels of Social Security revenues and outlays for
fiscal years 2024, 2024 through 2028, and 2024 through 2033,
consistent with the May 2023 baseline of the Congressional
Budget Office, as adjusted for the budgetary effects of any
provision of law enacted during the period beginning on the
date such baseline was issued and ending on the date of
submission of such statement, for the purpose of enforcing
sections 302 and 311 of the Congressional Budget Act of 1974 (2
U.S.C. 633, 642); and
(6) a statement under the heading ``Accounts Identified for
Advance Appropriations'' for the purpose of enforcing section
123 of this title.
(c) Additional Matter.--The statement referred to in subsection (b)
may also include for fiscal year 2024 the deficit-neutral reserve fund
in section 3003 of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, updated by 2 fiscal
years.
(d) Expiration.--This section shall expire if a concurrent
resolution on the budget for fiscal year 2024 is agreed to by the
Senate and the House of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974 (2 U.S.C. 632).
SEC. 122. AUTHORITY FOR FISCAL YEAR 2025 BUDGET RESOLUTION IN THE
SENATE.
(a) Fiscal Year 2025.--For the purpose of enforcing the
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), after April
15, 2024, and enforcing budgetary points of order in prior concurrent
resolutions on the budget, the allocations, aggregates, and levels
provided for in subsection (b) shall apply in the Senate in the same
manner as for a concurrent resolution on the budget for fiscal year
2025 with appropriate budgetary levels for fiscal year 2025 and for
fiscal years 2026 through 2034.
(b) Committee Allocations, Aggregates, and Levels.--After April 15,
2024, but not later than May 15, 2024, the Chairman of the Committee on
the Budget of the Senate shall submit a statement for publication in
the Congressional Record that includes--
(1) for the Committee on Appropriations of the Senate,
committee allocations for fiscal year 2025 consistent with the
discretionary spending limits set forth in section 251(c) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended by this Act, and the outlays flowing therefrom, for
the purpose of enforcing section 302 of the Congressional
Budget Act of 1974 (2 U.S.C. 633);
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years 2025,
2025 through 2029, and 2025 through 2034 consistent with the
most recent baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline
is issued and ending on the date of submission of such
statement, for the purpose of enforcing section 302 of the
Congressional Budget Act of 1974 (2 U.S.C. 633);
(3) aggregate spending levels for fiscal year 2025 in
accordance with the allocations established under paragraphs
(1) and (2), for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974 (2 U.S.C. 642);
(4) aggregate revenue levels for fiscal years 2025, 2025
through 2029, and 2025 through 2034 consistent with the most
recent baseline of the Congressional Budget Office, as adjusted
for the budgetary effects of any provision of law enacted
during the period beginning on the date such baseline is issued
and ending on the date of submission of such statement, for the
purpose of enforcing section 311 of the Congressional Budget
Act of 1974 (2 U.S.C. 642);
(5) levels of Social Security revenues and outlays for
fiscal years 2025, 2025 through 2029, and 2025 through 2034
consistent with the most recent baseline of the Congressional
Budget Office, as adjusted for the budgetary effects of any
provision of law enacted during the period beginning on the
date such baseline is issued and ending on the date of
submission of such statement, for the purpose of enforcing
sections 302 and 311 of the Congressional Budget Act of 1974 (2
U.S.C. 633, 642); and
(6) a statement under the heading ``Accounts Identified for
Advance Appropriations'' for the purpose of enforcing section
123 of this title.
(c) Additional Matter.--The statement referred to in subsection (b)
may also include for fiscal year 2025 the deficit-neutral reserve fund
in section 3003 of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, updated by 3 fiscal
years.
(d) Expiration.--This section shall expire if a concurrent
resolution on the budget for fiscal year 2025 is agreed to by the
Senate and the House of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974 (2 U.S.C. 632).
SEC. 123. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE.
(a) Point of Order Against Advance Appropriations in the Senate.--
(1) In general.--
(A) Point of order.--Except as provided in
paragraph (2), it shall not be in order in the Senate
to consider any bill, joint resolution, motion,
amendment, amendment between the Houses, or conference
report that would provide an advance appropriation for
a discretionary account.
(B) Definition.--In this subsection, the term
``advance appropriation'' means any new budget
authority provided in a bill or joint resolution making
appropriations for fiscal year 2024 that first becomes
available for any fiscal year after 2024 or any new
budget authority provided in a bill or joint resolution
making appropriations for fiscal year 2025 that first
becomes available for any fiscal year after 2025.
(2) Exceptions.--Advance appropriations may be provided--
(A) for fiscal years 2025 and 2026, for programs,
projects, activities, or accounts identified in a
statement submitted to the Congressional Record by the
Chairman of the Committee on the Budget of the Senate
under the heading ``Accounts Identified for Advance
Appropriations'' in an aggregate amount not to exceed
$28,852,000,000 in new budget authority in each fiscal
year;
(B) for the Corporation for Public Broadcasting;
(C) for the Department of Veterans Affairs for the
Medical Services, Medical Support and Compliance,
Veterans Medical Community Care, and Medical Facilities
accounts of the Veterans Health Administration; and
(D) for the Department of Health and Human Services
for the Indian Health Services and Indian Health
Facilities accounts--
(i) for fiscal year 2025, in an amount that
is not more than the amount provided for fiscal
year 2024 in a bill or joint resolution making
appropriations for fiscal year 2023 or 2024 for
programs, projects, and activities that are not
prohibited from using amounts provided for
fiscal year 2024 in a bill or joint resolution
making appropriations for fiscal year 2023; and
(ii) for fiscal year 2026, in an amount
that is not more than the amount provided for
fiscal year 2025 in a bill or joint resolution
making appropriations for fiscal year 2024 or
2025 for programs, projects, and activities
that are not prohibited from using amounts
provided for fiscal year 2025 in a bill or
joint resolution making appropriations for
fiscal year 2024.
(3) Supermajority waiver and appeal.--
(A) Waiver.--In the Senate, paragraph (1) may be
waived or suspended only by an affirmative vote of
three-fifths of the Members, duly chosen and sworn.
(B) Appeal.--An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall
be required to sustain an appeal of the ruling of the
Chair on a point of order raised under paragraph (1).
(4) Form of point of order.--A point of order under
paragraph (1) may be raised by a Senator as provided in section
313(e) of the Congressional Budget Act of 1974 (2 U.S.C.
644(e)).
(5) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill or joint resolution, upon a point of order
being made by any Senator pursuant to this subsection, and such
point of order being sustained, such material contained in such
conference report or amendment between the Houses shall be
stricken, and the Senate shall proceed to consider the question
of whether the Senate shall recede from its amendment and
concur with a further amendment, or concur in the House
amendment with a further amendment, as the case may be, which
further amendment shall consist of only that portion of the
conference report or House amendment, as the case may be, not
so stricken. Any such motion in the Senate shall be debatable.
In any case in which such point of order is sustained against a
conference report (or Senate amendment derived from such
conference report by operation of this paragraph), no further
amendment shall be in order.
(b) Expiration.--Subsection (a) shall terminate on the date on
which a concurrent resolution on the budget for fiscal year 2024 or for
fiscal year 2025 is agreed to by the Senate and House of
Representatives pursuant to section 301 of the Congressional Budget Act
of 1974 (2 U.S.C. 632).
SEC. 124. EXERCISE OF RULEMAKING POWERS.
This title is enacted by the Senate--
(1) as an exercise of the rulemaking power of the Senate,
and as such shall be considered as part of the rules of the
Senate, and such rules shall supersede other rules only to the
extent that it is inconsistent therewith; and
(2) with full recognition of the constitutional right of
the Senate to change such rules (so far as relating to the
Senate) at any time, in the same manner, and to the same extent
as in the case of any other rule of the Senate.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED FUNDS
Sec. 1. Each rescission made by this title shall be applied to the
unobligated balances for each applicable appropriation as of the date
of enactment of this title.
Sec. 2. The unobligated balances from the following
appropriations, in the following amounts and subject to the conditions
specified below, are hereby permanently rescinded:
(1) All of the unobligated balances of funds made available
under the heading ``Public Health and Social Services Emergency
Fund'' in title III of division A of Public Law 116-123,
including any funds transferred from such heading that remain
unobligated, with the exception of $59,000,000.
(2) All of the unobligated balances of funds made available
under the heading ``Public Health and Social Services Emergency
Fund'' in title V of division A of Public Law 116-127,
including any funds transferred from such heading that remain
unobligated.
(3) All of the unobligated balances of funds made available
under the heading ``Public Health and Social Services Emergency
Fund'' in title VIII of division B of Public Law 116-136,
including any funds transferred from such heading that remain
unobligated, with the exception of $2,127,000,000 and--
(A) any funds that were transferred and merged with
the Covered Countermeasure Process Fund authorized by
section 319F-4 of the Public Health Service Act; and
(B) any funds that were transferred and merged with
funds made available under the heading ``Office of the
Secretary--Office of Inspector General'' pursuant to
section 18113 of title VIII of division B of Public Law
116-136.
(4) All of the unobligated balances of funds made available
in the first paragraph under the heading ``Public Health and
Social Services Emergency Fund'' in title I of division B of
Public Law 116-139, including any funds transferred from such
heading that remain unobligated, with the exception of
$300,000,000, which shall remain available for necessary
expenses for program administration and oversight.
(5) All of the unobligated balances of funds made available
in the second paragraph under the heading ``Public Health and
Social Services Emergency Fund'' in title I of division B of
Public Law 116-139, including any funds transferred from such
heading that remain unobligated, with the exception of
$243,000,000 and any funds that were transferred and merged
with funds made available under the heading ``Office of the
Secretary--Office of Inspector General'' pursuant to section
103 of title I of division B of Public Law 116-139.
(6) All of the unobligated balances of funds made available
under the heading ``Public Health and Social Services Emergency
Fund'' in title III of division M of Public Law 116-260,
including any funds transferred from such heading that remain
unobligated, with the exception of $205,000,000.
(7) All of the unobligated balances of funds made available
under the heading ``Centers for Disease Control and
Prevention--CDC-Wide Activities and Program Support'' in title
III of division A of Public Law 116-123, including any funds
transferred from such heading that remain unobligated, with the
exception of $195,000,000 and any funds that were transferred
and merged with the Infectious Diseases Rapid Response Reserve
Fund established by section 231 of division B of Public Law
115-245.
(8) All of the unobligated balances of funds made available
under the heading ``Centers for Disease Control and
Prevention--CDC-Wide Activities and Program Support'' in title
VIII of division B of Public Law 116-136, including any funds
transferred from such heading that remain unobligated, with the
exception of $446,000,000 and any funds that were transferred
and merged with the Infectious Diseases Rapid Response Reserve
Fund established by section 231 of division B of Public Law
115-245.
(9) All of the unobligated balances of funds made available
under the heading ``Centers for Disease Control and
Prevention--CDC-Wide Activities and Program Support'' in title
III of division M of Public Law 116-260, including any funds
transferred from such heading that remain unobligated, with the
exception of $177,000,000.
(10) All of the unobligated balances of funds made
available under the heading ``National Institutes of Health--
National Institute of Allergy and Infectious Diseases'' in
title III of division A of Public Law 116-123, including any
funds transferred from such heading that remain unobligated.
(11) All of the unobligated balances of funds made
available to ``Centers for Medicare & Medicaid Services--
Program Management'' in title VIII of division B of Public Law
116-136.
(12) All of the unobligated balances of funds made
available by section 2301 of Public Law 117-2, with the
exception of $103,000,000.
(13) All of the unobligated balances of funds made
available by section 2302 of Public Law 117-2.
(14) All of the unobligated balances of funds made
available by section 2303 of Public Law 117-2, with the
exception of $69,000,000.
(15) All of the unobligated balances of funds made
available by section 2401 of Public Law 117-2, with the
exception of $7,323,000,000.
(16) All of the unobligated balances of funds made
available by section 2402 of Public Law 117-2, with the
exception of $714,000,000.
(17) All of the unobligated balances of funds made
available by section 2403 of Public Law 117-2.
(18) All of the unobligated balances of funds made
available by section 2501 of Public Law 117-2.
(19) All of the unobligated balances of funds made
available by section 2502 of Public Law 117-2.
(20) All of the unobligated balances of funds made
available by section 2601 of Public Law 117-2.
(21) All of the unobligated balances of funds made
available by section 2602 of Public Law 117-2.
(22) All of the unobligated balances of funds made
available by section 2603 of Public Law 117-2.
(23) All of the unobligated balances of funds made
available by section 2604 of Public Law 117-2.
(24) All of the unobligated balances of funds made
available by section 2605 of Public Law 117-2.
(25) All of the unobligated balances of funds made
available by section 2703 of Public Law 117-2.
(26) All of the unobligated balances of funds made
available by section 2704 of Public Law 117-2.
(27) All of the unobligated balances of funds made
available by section 2705 of Public Law 117-2.
(28) All of the unobligated balances of funds made
available by section 2711 of Public Law 117-2.
(29) All of the unobligated balances of funds made
available by section 2712 of Public Law 117-2.
(30) All of the unobligated balances of funds made
available by section 2801 of Public Law 117-2.
(31) All of the unobligated balances of funds made
available by section 3101 of Public Law 117-2, with the
exception of $793,000,000.
(32) All of the unobligated balances of funds made
available by section 511A(a) of the Social Security Act, as
added by section 9101 of Public Law 117-2.
(33) All of the unobligated balances of funds made
available by section 1150C(a) of the Social Security Act, as
added by section 9911 of Public Law 117-2.
(34) All of the unobligated balances of funds made
available by section 1947(e) of the Social Security Act, as
added by section 9813 of Public Law 117-2.
(35) All of the unobligated balances of funds made
available by section 1862(g)(2) of the Social Security Act, as
added by section 9401 of Public Law 117-2.
Sec. 3. The unobligated balances of amounts made available under
the heading ``Agricultural Programs--Office of the Secretary'' in title
I of division B of Public Law 116-136 are hereby permanently rescinded.
Sec. 4. The unobligated balances of amounts made available by
section 751 in title VII of division N of Public Law 116-260 are hereby
permanently rescinded, except for funds made available by section 601
of division HH of Public Law 117-328.
Sec. 5. The unobligated balances of amounts made available by
section 753 in title VII of division N of Public Law 116-260 are hereby
permanently rescinded.
Sec. 6. The unobligated balances of amounts made available by
section 754 in title VII of division N of Public Law 116-260 are hereby
permanently rescinded.
Sec. 7. The unobligated balances of amounts made available by
section 762(i) in title VII of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 8. The unobligated balances of amounts made available by
section 764(f) in title VII of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 9. The unobligated balances of amounts made available by
section 1001 of Public Law 117-2 are hereby permanently rescinded.
Sec. 10. Of the unobligated balances of amounts made available by
section 4027 of title IV of division A of Public Law 116-136,
$200,000,000 are hereby permanently rescinded.
Sec. 11. Of the unobligated balances of amounts made available by
section 4120 of title IV of division A of Public Law 116-136,
$295,000,000 are hereby permanently rescinded.
Sec. 12. The unobligated balances of amounts made available by
section 7301(c) of Public Law 117-2 are hereby permanently rescinded.
Sec. 13. The unobligated balances of amounts made available by
section 104A(m) of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4701 et seq.), as added by section
522 of title V of division N of Public Law 116-260 are hereby
permanently rescinded, with the exception of $284,500,000, which shall
remain available for necessary expenses associated with the making of
awards announced prior to the enactment of this Act.
Sec. 14. Of the unobligated balances of amounts made available by
section 3301(a)(2)(A) of Public Law 117-2, $150,000,000 are hereby
permanently rescinded.
Sec. 15. The unobligated balances of amounts made available by
section 411 in subtitle A of title IV of division N of Public Law 116-
260 are hereby permanently rescinded.
Sec. 16. The unobligated balances of amounts made available by
subsection (a) of section 2206 of Public Law 117-2 are hereby
permanently rescinded, with the exception of amounts allocated under
paragraphs (6) and (7) of subsection (b) of such section.
Sec. 17. The unobligated balances of amounts made available by
section 2001 of Public Law 117-2 are hereby permanently rescinded.
Sec. 18. The unobligated balances of amounts made available by
section 2002 of Public Law 117-2 are hereby permanently rescinded.
Sec. 19. The unobligated balances of amounts made available by
section 2003 of Public Law 117-2 are hereby permanently rescinded.
Sec. 20. The unobligated balances of amounts made available under
the heading ``Federal Highway Administration--Highway Infrastructure
Programs'' in title IV of division M of Public Law 116-260 are hereby
permanently rescinded.
Sec. 21. The unobligated balances of amounts made available by
section 7202(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 22. The unobligated balances of amounts made available by
sections 5002(b) and 5006(a)(2) of Public Law 117-2, including any
amounts transferred and merged with ``Small Business Administration--
Disaster Loans Program Account'' pursuant to section 90007(b)(2)(A) of
Public Law 117-58 that remain unobligated, are hereby permanently
rescinded.
Sec. 23. The unobligated balances of amounts made available under
the heading ``Independent Agencies--Small Business Administration--
Disaster Loans Program Account'' in title II of division B of Public
Law 116-139 are hereby permanently rescinded.
Sec. 24. Of the unobligated balances of amounts made available by
section 2118(a) of title II of division A of Public Law 116-136, as
added by section 9032 of Public Law 117-2, $1,000,000,000 are hereby
permanently rescinded.
Sec. 25. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Public and
Indian Housing--Tenant-Based Rental Assistance'' in title XII of
division B of Public Law 116-136 are hereby permanently rescinded.
Sec. 26. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Public and
Indian Housing--Native American Programs'' in title XII of division B
of Public Law 116-136 are hereby permanently rescinded.
Sec. 27. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Housing
Programs--Housing for Persons with Disabilities'' in title XII of
division B of Public Law 116-136 are hereby permanently rescinded.
Sec. 28. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Housing
Programs--Project-Based Rental Assistance'' in title XII of division B
of Public Law 116-136 are hereby permanently rescinded.
Sec. 29. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Housing
Programs--Housing for the Elderly'' in title XII of division B of
Public Law 116-136 are hereby permanently rescinded.
Sec. 30. The unobligated balances of amounts made available by
section 3208(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 31. The unobligated balances of amounts made available under
the heading ``Department of Transportation--Office of the Secretary--
Salaries and Expenses'' in title XII of division B of Public Law 116-
136 are hereby permanently rescinded.
Sec. 32. The unobligated balances of amounts made available under
the heading ``Department of Transportation--Office of the Secretary--
Essential Air Service'' in title XII of division B of Public Law 116-
136 are hereby permanently rescinded.
Sec. 33. The unobligated balances of amounts made available under
the heading ``Department of Transportation--Federal Aviation
Administration--Grants-In-Aid for Airports'' in title XII of division B
of Public Law 116-136 are hereby permanently rescinded.
Sec. 34. The unobligated balances of amounts made available by
section 7101 of Public Law 117-2 are hereby permanently rescinded.
Sec. 35. The unobligated balances of amounts made available by
section 7102(a)(1) of Public Law 117-2 are hereby permanently
rescinded.
Sec. 36. The unobligated balances of amounts made available by
section 501(a)(1) of title V of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 37. The unobligated balances of amounts made available by
section 9601(d)(1) of Public Law 117-2 are hereby permanently
rescinded.
Sec. 38. The unobligated balances of amounts made available by
section 4009 of Public Law 117-2 are hereby permanently rescinded.
Sec. 39. The unobligated balances of amounts made available under
the heading ``Department of Justice--General Administration--Justice
Information Sharing Technology'' in title II of division B of Public
Law 116-136 are hereby permanently rescinded.
Sec. 40. Of the unobligated balances of amounts made available
under the heading ``Department of Defense--Procurement--Defense
Production Act Purchases'' in title III of division B of Public Law
116-136, $61,381,230 are hereby permanently rescinded.
Sec. 41. The unobligated balances of amounts made available under
the heading ``Department of State--Administration of Foreign Affairs--
Diplomatic Programs'' in title XI of division B of Public Law 116-136
and subsequently transferred to the Department of State's ``Educational
and Cultural Exchange Programs'' account are hereby permanently
rescinded.
Sec. 42. The unobligated balances of amounts made available under
the heading ``Bilateral Economic Assistance--Department of State--
Migration and Refugee Assistance'' in title XI of division B of Public
Law 116-136 are hereby permanently rescinded.
Sec. 43. The unobligated balances of amounts made available under
the heading ``Bilateral Economic Assistance--Funds Appropriated to the
President--International Disaster Assistance'' in title XI of division
B of Public Law 116-136 are hereby permanently rescinded.
Sec. 44. The unobligated balances of amounts made available under
the heading ``Department of State--Administration of Foreign Affairs--
Sudan Claims'' in title IX of division K of Public Law 116-260 are
hereby permanently rescinded.
Sec. 45. The unobligated balances of amounts made available under
the heading ``Bilateral Economic Assistance--Funds Appropriated to the
President--Economic Support Fund'' in title IX of division K of Public
Law 116-260 are hereby permanently rescinded.
Sec. 46. The unobligated balances of amounts made available under
the heading ``Federal Communications Commission--Salaries and
Expenses'' in title V of division B of Public Law 116-136 are hereby
permanently rescinded.
Sec. 47. The unobligated balances of amounts made available under
the heading ``Independent Agencies--Small Business Administration--
Emergency EIDL Grants'' in title II of division B of Public Law 116-139
are hereby permanently rescinded.
Sec. 48. The unobligated balances of amounts made available by
section 323(d)(1)(B) of title III of division N of Public Law 116-260
are hereby permanently rescinded.
Sec. 49. The unobligated balances of amounts made available by
section 323(d)(1)(E)(i) of title III of division N of Public Law 116-
260 are hereby permanently rescinded.
Sec. 50. The unobligated balances of amounts made available by
section 902(c)(5) of title IX of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 51. The unobligated balances of amounts made available by
section 905(b) of title IX of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 52. The unobligated balances of amounts made available by
section 5003(b)(2)(A) of Public Law 117-2 are hereby permanently
rescinded.
Sec. 53. The unobligated balances of amounts described in the
tenth proviso under the heading ``Administration for Children and
Families--Payments to States for the Child Care and Development Block
Grant'' in title III of division M of Public Law 116-260 are hereby
permanently rescinded.
Sec. 54. The unobligated balances of amounts made available by
section 2201(b) of Public Law 117-2 are hereby permanently rescinded.
Sec. 55. The unobligated balances of amounts made available by
section 2204(d)(1) of Public Law 117-2, including any amounts made
available by amendments made by such section, are hereby permanently
rescinded.
Sec. 56. The unobligated balances of amounts made available by
section 2205 of Public Law 117-2 are hereby permanently rescinded.
Sec. 57. The unobligated balances of amounts made available by
section 2912(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 58. The unobligated balances of amounts made available by
section 403(c) of the Social Security Act, as added by section 9201 of
Public Law 117-2 are hereby permanently rescinded.
Sec. 59. The unobligated balances of amounts made available by
section 816(f) of the Native American Programs Act of 1974 (42 U.S.C.
2992d(f)), as added by section 11004 of Public Law 117-2, are hereby
permanently rescinded.
Sec. 60. The unobligated balances of amounts made available under
the heading ``Rural Development Programs--Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'' in title I of
division B of Public Law 116-136 are hereby permanently rescinded.
Sec. 61. The unobligated balances of amounts made available by
section 752 of title VII of division N of Public Law 116-260 are hereby
permanently rescinded.
Sec. 62. The unobligated balances of amounts made available by
section 1002(c) of Public Law 117-2, are hereby permanently rescinded.
Sec. 63. The unobligated balances of amounts made available by
section 3207(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 64. The unobligated balances of amounts made available under
the heading ``Department of Energy--Energy Programs--Science'' in title
IV of division B of Public Law 116-136 are hereby permanently
rescinded.
Sec. 65. The unobligated balances of amounts made available by
section 6003 of Public Law 117-2 are hereby permanently rescinded.
Sec. 66. The unobligated balances of amounts made available by
section 11002(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 67. The unobligated balances of amounts made available under
the heading ``Department of Education--Departmental Management--Program
Administration'' in title III of division M of Public Law 116-260 are
hereby permanently rescinded.
Sec. 68. The unobligated balances of amounts made available by
section 2007 of Public Law 117-2 are hereby permanently rescinded.
Sec. 69. The unobligated balances of amounts made available by
section 2010 of Public Law 117-2 are hereby permanently rescinded.
Sec. 70. The unobligated balances of amounts made available by
section 2011 of Public Law 117-2 are hereby permanently rescinded.
Sec. 71. The unobligated balances of amounts made available by
section 11006 of Public Law 117-2 are hereby permanently rescinded.
Sec. 72. Of the unobligated balances of amounts made available by
section 6002(a) of Public Law 117-2, all but $22,000,000 are hereby
permanently rescinded.
Sec. 73. The unobligated balances of amounts made available by
section 2101(a) of Public Law 117-2 are hereby permanently rescinded,
with the exception of $1,892,718 for the Office of the Solicitor within
the Departmental Management account and amounts allocated for the
Office of Inspector General under paragraph (2) of subsection (b) of
such section.
Sec. 74. The unobligated balances of amounts made available by
section 2110(g) of Public Law 116-136, as amended, are hereby
permanently rescinded.
Sec. 75. The unobligated balances of amounts made available under
the heading ``General Services Administration--General Activities--
Federal Citizen Services Fund'' in title V of division B of Public Law
116-136 are hereby permanently rescinded.
Sec. 76. The unobligated balances of amounts made available by
section 2021 of Public Law 117-2 are hereby permanently rescinded.
Sec. 77. The unobligated balances of amounts made available by
section 2022 of Public Law 117-2 are hereby permanently rescinded.
Sec. 78. The unobligated balances of amounts made available by
section 2023 of Public Law 117-2 are hereby permanently rescinded.
Sec. 79. The unobligated balances of amounts made available by
section 2(c)(2)(D)(v) of the Railroad Unemployment Insurance Act (45
U.S.C. 352(c)(2)(D)(v)), as amended, are hereby permanently rescinded.
Sec. 80. The unobligated balances of amounts made available by
section 2904 of Public Law 117-2 are hereby permanently rescinded, with
the exception of $500,000 for the Railroad Retirement Board Office of
Inspector General.
Sec. 81. The unobligated balances of amounts made available by
section 7404(a) of Public Law 117-2 are hereby permanently rescinded.
TITLE II--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
SEC. 251. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO THE INTERNAL
REVENUE SERVICE.
Of the unobligated balances of amounts appropriated or otherwise
made available for activities of the Internal Revenue Service by
paragraphs (1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of
section 10301 of Public Law 117-169 (commonly known as the ``Inflation
Reduction Act of 2022'') as of the date of the enactment of this Act,
$1,389,525,000 are hereby rescinded.
TITLE III--STATUTORY ADMINISTRATIVE PAY-AS-YOU-GO
SEC. 261. SHORT TITLE.
This title may be cited as the ``Administrative Pay-As-You-Go Act
of 2023''.
SEC. 262. DEFINITIONS.
In this title--
(1) the term ``administrative action'' means a ``rule'' as
defined in section 804(3) of title 5, United States Code;
(2) the term ``agency'' means any authority of the United
States that is an ``agency'' under section 3502(1) of title 44,
United States Code, other than those considered to be
independent regulatory agencies, as defined in section 3502(5)
of such title;
(3) the term ``covered discretionary administrative
action'' means a discretionary administrative action that would
affect direct spending;
(4) the term ``direct spending'' has the meaning given that
term in section 250(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900(c));
(5) the term ``Director'' means the Director of the Office
of Management and Budget;
(6) the term ``discretionary administrative action''--
(A) means any administrative action that is not
required by law; and
(B) includes an administrative action required by
law for which an agency has discretion in the manner in
which to implement the administrative action; and
(7) the term ``increase direct spending'' means that the
amount of direct spending would increase relative to--
(A) the most recently submitted projection of the
amount of direct spending presented in baseline
estimates as defined in section 257 of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, under--
(i) the budget of the President submitted
under section 1105 of title 31, United States
Code; or
(ii) the supplemental summary of the budget
submitted under section 1106 of title 31,
United States Code;
(B) with respect to a discretionary administrative
action that is incorporated into the applicable
projection described in subparagraph (A) and for which
a proposal has not been submitted under section
263(a)(2)(A), a projection of the amount of direct
spending if no administrative action were taken; or
(C) with respect to a discretionary administrative
action described in paragraph (6)(B), a projection of
the amount of direct spending under the least costly
implementation option reasonably identifiable by the
agency that meets the requirements under the statute.
SEC. 263. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT AFFECT DIRECT
SPENDING.
(a) Discretionary Administrative Actions.--
(1) In general.--Before an agency may finalize any covered
discretionary administrative action, the head of the agency
shall submit to the Director for review written notice
regarding the covered discretionary administrative action,
which shall include an estimate of the budgetary effects of the
covered discretionary administrative action.
(2) Increasing direct spending.--
(A) In general.--If the covered discretionary
administrative action would increase direct spending,
the written notice submitted by the head of the agency
under paragraph (1) shall include a proposal to
undertake 1 or more other administrative actions that
would provide a reduction in direct spending greater
than or equal to the increase in direct spending
attributable to the covered discretionary
administrative action.
(B) Review.--
(i) In general.--The Director shall
determine whether the reduction in direct
spending in a proposal in a written notice from
an agency under subparagraph (A) is greater
than or equal to the increase in direct
spending attributable to the covered
discretionary administrative action to which
the written notice relates.
(ii) No offset.--If the written notice
regarding a proposed covered discretionary
administrative action that would increase
direct spending does not include a proposal to
offset the increased direct spending as
determined in clause (i), the Director shall
return the written notice to the agency for
resubmission in accordance with this title.
(b) Nondiscretionary Actions.--If an agency determines that an
administrative action that would increase direct spending is required
by law and therefore is not a covered discretionary administrative
action, before the agency finalizes that administrative action, the
head of the agency shall--
(1) submit to the Director a written opinion by the general
counsel of the agency, or the equivalent employee of the
agency, explaining that legal conclusion;
(2) submit to the Director a projection of the amount of
direct spending under the least costly implementation option
reasonably identifiable by the agency that meets the
requirements under the statute; and
(3) consult with the Director regarding implementation of
the administrative action.
(c) Projections.--Any projection for purposes of this title shall
be conducted in accordance with Office of Management and Budget
Circular A-11, or any successor thereto.
SEC. 264. ISSUANCE OF ADMINISTRATIVE GUIDANCE.
Not later than 90 days after the date of enactment of this Act, the
Director shall issue instructions regarding the implementation of this
title, including how covered discretionary administrative actions that
increase direct spending and nontax receipts will be evaluated.
SEC. 265. WAIVER.
(a) In General.--The Director may waive the requirements of section
263 if the Director concludes that the waiver--
(1) is necessary for the delivery of essential services; or
(2) is necessary for effective program delivery.
(b) Publication.--Any waiver determination under subsection (a)
shall be published in the Federal Register.
SEC. 266. EXEMPTION.
This title shall not apply to administrative actions with direct
spending cost of less than--
(1) $1,000,000,000 over the 10-year period beginning with
the current year; or
(2) $100,000,000 in any given year during such 10-year
period.
SEC. 267. JUDICIAL REVIEW.
No determination, finding, action, or omission under this title
shall be subject to judicial review.
SEC. 268. SUNSET.
This title shall expire on December 31, 2024.
SEC. 269. GAO REPORT.
Within 180 days of the date of enactment of this Act, the
Comptroller General shall issue a report on the implementation of this
title.
SEC. 270. CONGRESSIONAL REVIEW ACT COMPLIANCE ASSESSMENT.
Section 801(a)(2)(A) of title 5, United States Code, is amended by
inserting after ``compliance with procedural steps required by
paragraph (1)(B)'' the following: ``, and shall in addition include an
assessment of the agency's compliance with such requirements of the
Administrative Pay-As-You-Go Act of 2023 as may be applicable''.
TITLE IV--TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL STUDENT
LOANS; RESUMPTION OF ACCRUAL OF INTEREST AND COLLECTIONS
SEC. 271. TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL STUDENT
LOANS; RESUMPTION OF ACCRUAL OF INTEREST AND COLLECTIONS.
(a) In General.--Sixty days after June 30, 2023, the waivers and
modifications described in subsection (c) shall cease to be effective.
(b) Prohibition.--Except as expressly authorized by an Act of
Congress enacted after the date of enactment of this Act, the Secretary
of Education may not use any authority to implement an extension of any
executive action or rule specified in subsection (c).
(c) Waivers and Modifications Described.--The waivers and
modifications described in this subsection are the waivers and
modifications of statutory and regulatory provisions relating to an
extension of the suspension of payments on certain loans and waivers of
interest on such loans under section 3513 of the CARES Act (20 U.S.C.
1001 note)--
(1) described by the Department of Education in the Federal
Register on October 12, 2022 (87 Fed. Reg. 61513 et seq.); and
(2) most recently extended in the announcement by the
Department of Education on November 22, 2022.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
SEC. 301. RECALIBRATION OF THE CASELOAD REDUCTION CREDIT.
Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3))
is amended in each of subparagraphs (A)(ii) and (B), by striking
``2005'' and inserting ``2015''.
SEC. 302. PILOT PROJECTS FOR PROMOTING ACCOUNTABILITY BY MEASURING WORK
OUTCOMES.
Section 411 of the Social Security Act (42 U.S.C. 611) is amended
by adding at the end the following:
``(e) Pilot Projects for Promoting Accountability by Measuring Work
Outcomes.--
``(1) In general.--The Secretary shall carry out a pilot
program under which the Secretary may select up to 5 States to
which a grant is made under section 403(a) for a fiscal year to
negotiate performance benchmarks for work and family outcomes
for recipients of assistance under the State program funded
under this part, and programs funded with qualified State
expenditures. The Secretary shall issue guidance on how States
apply for participation in the pilot. The benchmarks shall
include--
``(A) the percentage of work-eligible individuals
under the State program funded under this part who are
in unsubsidized employment during the 2nd quarter after
exiting the program;
``(B) the level of earnings of such individuals in
the 2nd and 4th quarters after exit; and
``(C) other indicators of family stability and
well-being as established by the Secretary.
``(2) Level of performance benchmark.--The Secretary and a
State selected under paragraph (1) shall agree to the requisite
level of performance on these benchmarks after developing
baseline data in the State and comparative data in other
States.
``(3) Failure of state to meet benchmark.--If a State fails
to meet a measured benchmark standard agreed to under paragraph
(2) for 2 successive fiscal years, the State, in order to
continue in the pilot shall enter into a plan with the
Secretary to achieve the required level of performance or, if
mutually agreed to, adjust the benchmark based on new
information about the feasibility of meeting such benchmark.
``(4) Duration.--The pilot under this subsection shall be
in effect for 6 fiscal years, with one year to establish
benchmark data and negotiate targets and five years to measure
performance against the targets, and shall supersede the
requirements under section 407 for such fiscal years,
notwithstanding any other provision of law.
``(5) Application of penalty for failure to reduce
assistance for recipients refusing without good cause to
work.--For purposes of section 409(a)(14), a State operating a
pilot must have a system for reducing the amount of assistance
payable to a family if an individual refuses, without good
cause (including for reasons described in 407(e)(2)), to engage
in any such activities as the State has required of such an
individual. A State without such a system shall be considered
to have failed to comply with the requirements of section
407(e) for so long as the failure to comply continues.
``(6) Collection of performance data.--Each State selected
under paragraph (1), in consultation with the Secretary, shall
collect and submit to the Secretary data on the performance of
the State operating such a pilot program.
``(7) Reports.--
``(A) Initial report.--Not later than 12 months
after the date of the enactment of this subsection the
Secretary shall submit a report to Congress on the
status of the program under this section.
``(B) Final report.--Not later than 12 months after
the date on which the programs under this section have
terminated, the Secretary shall submit a comprehensive
report to Congress on outcomes achieved under such
programs.''.
SEC. 303. ELIMINATION OF SMALL CHECKS SCHEME.
Section 407(b) of the Social Security Act (42 U.S.C. 607(b)) is
amended by adding at the end the following:
``(6) Special rule regarding calculation of the minimum
participation rate.--The Secretary shall determine
participation rates under this section without regard to any
individual engaged in work in a family that receives no
assistance under this part and less than $35 in assistance
funded with qualified State expenditures (as defined in section
409(a)(7)(B)(i)).''.
SEC. 304. REPORTING OF WORK OUTCOMES.
Section 411 of the Social Security Act (42 U.S.C. 611), as amended
by section 302, is amended by adding at the end the following:
``(f) Reporting Performance Indicators.--
``(1) In general.--Each State, in consultation with the
Secretary, shall collect and submit to the Secretary the
information necessary for each indicator described in paragraph
(2), for fiscal year 2025 and each fiscal year thereafter.
``(2) Indicators of performance.--The indicators described
in this paragraph for a fiscal year are the following:
``(A) The percentage of individuals who were work-
eligible individuals as of the time of exit from the
program, who are in unsubsidized employment during the
second quarter after the exit.
``(B) The percentage of individuals who were work-
eligible individuals who were in unsubsidized
employment in the second quarter after the exit, who
are also in unsubsidized employment during the fourth
quarter after the exit.
``(C) The median earnings of individuals who were
work-eligible individuals as of the time of exit from
the program, who are in unsubsidized employment during
the second quarter after the exit.
``(D) The percentage of individuals who have not
attained 24 years of age, are attending high school or
enrolled in an equivalency program, and are work-
eligible individuals or were work-eligible individuals
as of the time of exit from the program, who obtain a
high school degree or its recognized equivalent while
receiving assistance under the State program funded
under this part or within 1 year after the exit.
``(3) Definition of exit.--In paragraph (2), the term
`exit' means, with respect to a State program funded under this
part, ceases to receive assistance under the program funded by
this part.
``(4) Regulations.--In order to ensure nationwide
comparability of data, the Secretary, after consultation with
the Secretary of Labor and with States, shall issue regulations
governing the reporting of performance indicators under this
subsection.''.
SEC. 305. EFFECTIVE DATE.
The amendments made by this title shall take effect on October 1,
2024, except for sections 301 and 303 which shall take effect on
October 1, 2025.
TITLE II--SNAP EXEMPTIONS
SEC. 311. MODIFICATION OF WORK REQUIREMENT EXEMPTIONS.
(a) In General.--Section 6(o)(3) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(6)(o)(3)) is amended to read as follows:
(1) by striking subparagraph (A) and inserting the
following:
``(A)(i) under 18 years of age; or
``(ii) in--
``(I) fiscal year 2023 over 51 years of
age;
``(II) fiscal year 2024 over 53 years of
age;
``(III) fiscal year 2025 and each fiscal
year thereafter over 55 years of age;'';
(2) in subparagraph (D), by striking ``or'' at the end;
(3) in subparagraph (E), by striking the period at the end
and inserting ``;''; and
(4) adding at the end the following:
``(F) a homeless individual;
``(G) a veteran; or
``(H) an individual who is 24 years of age or
younger and who was in foster care under the
responsibility of a State on the date of attaining 18
years of age or such higher age as the State has
elected under section 475(8)(B)(iii) of the Social
Security Act (42 U.S.C. 675(8)(B)(iii)).''.
(b) Application.--
(1) State agency.--A state agency shall apply section
6(o)(3) of the Food and Nutrition Act of 2008, as amended by
subsection (a), to any application for initial certification or
recertification received starting 90 days after the date of
enactment of this Act.
(2) Sunset.--The amendments made by subsection (a) shall
cease to have effect on October 1, 2030.
SEC. 312. MODIFICATION OF GENERAL EXEMPTIONS.
Section 6(o)(6) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o)(6)) is amended--
(1) in subparagraph (E)--
(A) in the heading, by striking ``Subsequent fiscal
years'' and inserting ``Fiscal years 2020 through
2023'';
(B) by striking ``(F) through (H)'' and inserting
``(G) through (I)''; and
(C) by striking ``year,'' and inserting ``year
through fiscal year 2023,'';
(2) in subparagraph (F), by striking ``or (E)'' and
inserting ``, (E) or (F)'';
(3) by redesignating subparagraphs (F), (G), and (H) as
subparagraphs (G), (H), and (I), respectively;
(4) by inserting after subparagraph (E) the following:
``(F) Subsequent fiscal years.--Subject to
subparagraphs (G) through (I), for fiscal years 2024
and each subsequent fiscal year, a State agency may
provide a number of exemptions such that the average
monthly number of exemptions in effect during the
fiscal year does not exceed 8 percent of the number of
covered individuals in the State, as estimated by the
Secretary under subparagraph (C), adjusted by the
Secretary to reflect changes in the State's caseload
and the Secretary's estimate of changes in the
proportion of members of households that receive
supplemental nutrition assistance program benefits
covered by waivers granted under paragraph (4)'';
(5) in subparagraph (B), by striking ``(H)'' and inserting
``(I)'';
(6) in subparagraph (C), by striking ``(F) and (H)'' and
inserting ``(G) and (I)'';
(7) in subparagraph (D), by striking ``(F) through (H)''
and inserting ``(G) through (I)''; and
(8) by adding at end the following:
``(J) Rule of construction for exemption
adjustment.--During fiscal year 2024 and each
subsequent fiscal year, nothing in this paragraph shall
be interpreted to allow a State agency to accumulate
unused exemptions to be provided beyond the subsequent
fiscal year.''.
SEC. 313. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM UNDER THE FOOD AND
NUTRITION ACT OF 2008.
Section 2 of the Food and Nutrition Act of 2008 (7 U.S.C. 2011) is
amended by adding at end the following:
``That program includes as a purpose to assist low-income adults in
obtaining employment and increasing their earnings. Such employment and
earnings, along with program benefits, will permit low-income
households to obtain a more nutritious diet through normal channels of
trade by increasing food purchasing power for all eligible households
who apply for participation.''.
SEC. 314. WAIVER TRANSPARENCY.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Agriculture shall make public all available State waiver
requests, including all supporting data from the State, and agency
approvals of such requests, including relevant documentation on the
utilization of waivers authorized under Section 6(o)(4)(A) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(o)(4)(A)).
TITLE III--PERMITTING REFORM
SEC. 321. BUILDER ACT.
(a) Paragraph (2) of Section 102.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (A), by striking ``insure'' and
inserting ``ensure'';
(2) in subparagraph (B), by striking ``insure'' and
inserting ``ensure'';
(3) in subparagraph (C)--
(A) by inserting ``consistent with the provisions
of this Act and except where compliance would be
inconsistent with other statutory requirements,''
before ``include in every'';
(B) by striking clauses (i) through (v) and
inserting the following:
``(i) reasonably foreseeable environmental
effects of the proposed agency action;
``(ii) any reasonably foreseeable adverse
environmental effects which cannot be avoided
should the proposal be implemented;
``(iii) a reasonable range of alternatives
to the proposed agency action, including an
analysis of any negative environmental impacts
of not implementing the proposed agency action
in the case of a no action alternative, that
are technically and economically feasible, and
meet the purpose and need of the proposal;
``(iv) the relationship between local
short-term uses of man's environment and the
maintenance and enhancement of long-term
productivity; and
``(v) any irreversible and irretrievable
commitments of Federal resources which would be
involved in the proposed agency action should
it be implemented.''; and
(C) by striking ``the responsible Federal
official'' and inserting ``the head of the lead
agency'';
(4) in subparagraph (D), by striking ``Any'' and inserting
``any'';
(5) by redesignating subparagraphs (D) through (I) as
subparagraphs (G) through (L), respectively;
(6) by inserting after subparagraph (C) the following:
``(D) ensure the professional integrity, including
scientific integrity, of the discussion and analysis in
an environmental document;
``(E) make use of reliable data and resources in
carrying out this Act;
``(F) consistent with the provisions of this Act,
study, develop, and describe technically and
economically feasible alternatives;''; and
(7) in subparagraph (I), as amended, by inserting
``consistent with the provisions of this Act,'' before
``recognize''.
(b) New Sections.--Title I of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is amended by adding at the end the
following:
``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.
``(a) Threshold Determinations.--An agency is not required to
prepare an environmental document with respect to a proposed agency
action if--
``(1) the proposed agency action is not a final agency
action within the meaning of such term in chapter 5 of title 5,
United States Code;
``(2) the proposed agency action is excluded pursuant to
one of the agency's categorical exclusions, another agency's
categorical exclusions consistent with section 109 of this Act,
or another provision of law;
``(3) the preparation of such document would clearly and
fundamentally conflict with the requirements of another
provision of law; or
``(4) the proposed agency action is a nondiscretionary
action with respect to which such agency does not have
authority to take environmental factors into consideration in
determining whether to take the proposed action.
``(b) Levels of Review.--
``(1) Environmental impact statement.--An agency shall
issue an environmental impact statement with respect to a
proposed agency action requiring an environmental document that
has a reasonably foreseeable significant effect on the quality
of the human environment.
``(2) Environmental assessment.--An agency shall prepare an
environmental assessment with respect to a proposed agency
action that does not have a reasonably foreseeable significant
effect on the quality of the human environment, or if the
significance of such effect is unknown, unless the agency finds
that the proposed agency action is excluded pursuant to one of
the agency's categorical exclusions, another agency's
categorical exclusions consistent with section 109 of this Act,
or another provision of law. Such environmental assessment
shall be a concise public document prepared by a Federal agency
to set forth the basis of such agency's finding of no
significant impact or determination that an environmental
impact statement is necessary.
``(3) Sources of information.--In making a determination
under this subsection, an agency--
``(A) may make use of any reliable data source; and
``(B) is not required to undertake new scientific
or technical research unless the new scientific or
technical research is essential to a reasoned choice
among alternatives, and the overall costs and time
frame of obtaining it are not unreasonable.
``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.
``(a) Lead Agency.--
``(1) Designation.--
``(A) In general.--If there are two or more
participating Federal agencies, such agencies shall
determine, by letter or memorandum, which agency shall
be the lead agency based on consideration of the--
``(i) magnitude of agency's involvement;
``(ii) project approval or disapproval
authority;
``(iii) expertise concerning the action's
environmental effects;
``(iv) duration of agency's involvement;
and
``(v) sequence of agency's involvement.
``(B) Joint lead agencies.--In making a
determination under subparagraph (A), the participating
Federal agencies may appoint such State, Tribal, or
local agencies as joint lead agencies as the involved
Federal agencies shall determine appropriate. Joint
lead agencies shall jointly fulfill the role described
in paragraph (2).
``(2) Role.--A lead agency shall, with respect to a
proposed agency action--
``(A) supervise the preparation of an environmental
document if, with respect to such proposed agency
action, there is more than one participating Federal
agency;
``(B) request the participation of each cooperating
agency at the earliest practicable time;
``(C) in preparing an environmental document, give
consideration to any analysis or proposal created by a
cooperating agency;
``(D) develop a schedule, in consultation with each
cooperating agency, the applicant, and such other
entities as the lead agency determines appropriate, for
completion of any environmental review, permit, or
authorization required to carry out the proposed agency
action;
``(E) if the lead agency determines that a review,
permit, or authorization will not be completed in
accordance with the schedule developed under
subparagraph (D), notify the agency responsible for
issuing such review, permit, or authorization of the
discrepancy and request that such agency take such
measures as such agency determines appropriate to
comply with such schedule; and
``(F) meet with a cooperating agency that requests
such a meeting.
``(3) Cooperating agency.--The lead agency may, with
respect to a proposed agency action, designate any Federal,
State, Tribal, or local agency that has jurisdiction by law or
special expertise with respect to any environmental impact
involved in a proposal to serve as a cooperating agency. A
cooperating agency may, not later than a date specified in the
schedule established by the lead agency, submit comments to the
lead agency.
``(4) Request for designation.--Any Federal, State, Tribal,
or local agency or person that is substantially affected by the
lack of a designation of a lead agency with respect to a
proposed agency action under paragraph (1) may submit a written
request for such a designation to a participating Federal
agency. An agency that receives a request under this paragraph
shall transmit such request to each participating Federal
agency and to the Council.
``(5) Council designation.--
``(A) Request.--If the participating Federal
agencies are unable to agree on the designation of a
lead agency within 45 days of the request under
paragraph (4), then the Federal, State, Tribal or local
agency or person that is substantially affected by the
lack or a designation of a lead agency may request that
the Council designate a lead agency. Such request shall
consist of--
``(i) a precise description of the nature
and extent of the proposed agency action; and
``(ii) a detailed statement with respect to
each participating Federal agency and each
factor listed in paragraph (1) regarding which
agency should serve as lead agency.
``(B) Transmission.--The Council shall transmit a
request received under subparagraph (A) to each
participating Federal agency.
``(C) Response.--A participating Federal agency
may, not later than 20 days after the date of the
submission of a request under subparagraph (A), submit
to the Council a response to such request.
``(D) Designation.--Not later than 40 days after
the date of the submission of a request under
subparagraph (A), the Council shall designate the lead
agency with respect to the relevant proposed agency
action.
``(b) One Document.--To the extent practicable, if a proposed
agency action will require action by more than one Federal agency and
the lead agency has determined that it requires preparation of an
environmental document, the lead and cooperating agencies shall
evaluate the proposal in a single environmental document.
``(c) Request for Public Comment.--Each notice of intent to prepare
an environmental impact statement under section 102 shall include a
request for public comment on alternatives or impacts and on relevant
information, studies, or analyses with respect to the proposed agency
action.
``(d) Statement of Purpose and Need.--Each environmental document
shall include a statement of purpose and need that briefly summarizes
the underlying purpose and need for the proposed agency action.
``(e) Page Limits.--
``(1) Environmental impact statements.--
``(A) In general.--Except as provided in
subparagraph (B), an environmental impact statement
shall not exceed 150 pages, not including any citations
or appendices.
``(B) Extraordinary complexity.--An environmental
impact statement for a proposed agency action of
extraordinary complexity shall not exceed 300 pages,
not including any citations or appendices.
``(2) Environmental assessments.--An environmental
assessment shall not exceed 75 pages, not including any
citations or appendices.
``(f) Sponsor Preparation.--A lead agency shall prescribe
procedures to allow a project sponsor to prepare an environmental
assessment or an environmental impact statement under the supervision
of the agency. Such agency may provide such sponsor with appropriate
guidance and assist in the preparation. The lead agency shall
independently evaluate the environmental document and shall take
responsibility for the contents.
``(g) Deadlines.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a proposed agency action, a lead agency shall
complete, as applicable--
``(A) the environmental impact statement not later
than the date that is 2 years after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 102(2)(C) requires the
issuance of an environmental impact statement
with respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental impact statement for such action;
and
``(B) the environmental assessment not later than
the date that is 1 year after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 106(b)(2) requires the
preparation of an environmental assessment with
respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental assessment for such action.
``(2) Delay.--A lead agency that determines it is not able
to meet the deadline described in paragraph (1) may extend such
deadline, in consultation with the applicant, to establish a
new deadline that provides only so much additional time as is
necessary to complete such environmental impact statement or
environmental assessment.
``(3) Petition to court.--
``(A) Right to petition.--A project sponsor may
obtain a review of an alleged failure by an agency to
act in accordance with an applicable deadline under
this section by filing a written petition with a court
of competent jurisdiction seeking an order under
subparagraph (B).
``(B) Court order.--If a court of competent
jurisdiction finds that an agency has failed to act in
accordance with an applicable deadline, the court shall
set a schedule and deadline for the agency to act as
soon as practicable, which shall not exceed 90 days
from the date on which the order of the court is
issued, unless the court determines a longer time
period is necessary to comply with applicable law.
``(h) Report.--
``(1) In general.--The head of each lead agency shall
annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that--
``(A) identifies any environmental assessment and
environmental impact statement that such lead agency
did not complete by the deadline described in
subsection (g); and
``(B) provides an explanation for any failure to
meet such deadline.
``(2) Inclusions.--Each report submitted under paragraph
(1) shall identify, as applicable--
``(A) the office, bureau, division, unit, or other
entity within the Federal agency responsible for each
such environmental assessment and environmental impact
statement;
``(B) the date on which--
``(i) such lead agency notified the
applicant that the application to establish a
right-of-way for the major Federal action is
complete;
``(ii) such lead agency began the scoping
for the major Federal action; or
``(iii) such lead agency issued a notice of
intent to prepare the environmental assessment
or environmental impact statement for the major
Federal action; and
``(C) when such environmental assessment and
environmental impact statement is expected to be
complete.
``SEC. 108. PROGRAMMATIC ENVIRONMENTAL DOCUMENT.
``When an agency prepares a programmatic environmental document for
which judicial review was available, the agency may rely on the
analysis included in the programmatic environmental document in a
subsequent environmental document for related actions as follows:
``(1) Within 5 years and without additional review of the
analysis in the programmatic environmental document, unless
there are substantial new circumstances or information about
the significance of adverse effects that bear on the analysis.
``(2) After 5 years, so long as the agency reevaluates the
analysis in the programmatic environmental document and any
underlying assumption to ensure reliance on the analysis
remains valid.
``SEC. 109. ADOPTION OF CATEGORICAL EXCLUSIONS.
``An agency may adopt a categorical exclusion listed in another
agency's NEPA procedures for a category of proposed agency actions for
which the categorical exclusion was established consistent with this
paragraph. The agency shall--
``(1) identify the categorical exclusion listed in another
agency's NEPA procedures that covers a category of proposed
actions or related actions;
``(2) consult with the agency that established the
categorical exclusion to ensure that the proposed adoption of
the categorical exclusion to a category of actions is
appropriate;
``(3) identify to the public the categorical exclusion that
the agency plans to use for its proposed actions; and
``(4) document adoption of the categorical exclusion.
``SEC. 110. E-NEPA.
``(a) Permitting Portal Study.--The Council on Environmental
Quality shall conduct a study and submit a report to Congress within 1
year of the enactment of this Act on the potential for online and
digital technologies to address delays in reviews and improve public
accessibility and transparency under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) including, but
not limited to, a unified permitting portal that would--
``(1) allow applicants to--
``(A) submit required documents or materials for
their project in one unified portal;
``(B) upload and collaborate with the applicable
agencies to edit documents in real-time, as required;
``(C) upload and display visual features such as
video, animation, geographic information system
displays, and three-dimensional renderings; and
``(D) track the progress of individual
applications;
``(2) include a cloud based, digital tool for more complex
reviews that would enhance interagency coordination in
consultation by--
``(A) centralizing, across all necessary agencies,
the data, visuals, and documents, including but not
limited to geographic information system displays,
other visual renderings, and completed reports and
analyses necessary for reviews;
``(B) streamlining communications between all
necessary agencies and the applicant;
``(C) allowing for comments and responses by and to
all necessary agencies in one unified portal;
``(D) generating analytical reports to aid in
organizing and cataloguing public comments; and
``(E) be accessible on mobile devices;
``(3) boost transparency in agency processes and present
information suitable for a lay audience, including but not
limited to--
``(A) scientific data and analysis; and
``(B) anticipated agency process and timeline; and
``(4) include examples describing how at least five permits
would be reviewed and processed through this portal.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated $500,000 for the Council on Environmental Quality to carry
out the study directed by this section.
``SEC. 111. DEFINITIONS.
``In this title:
``(1) Categorical exclusion.--The term `categorical
exclusion' means a category of actions that a Federal agency
has determined normally does not significantly affect the
quality of the human environment within the meaning of section
102(2)(C).
``(2) Cooperating agency.--The term `cooperating agency'
means any Federal, State, Tribal, or local agency that has been
designated as a cooperating agency under section 107(a)(3).
``(3) Council.--The term `Council' means the Council on
Environmental Quality established in title II.
``(4) Environmental assessment.--The term `environmental
assessment' means an environmental assessment prepared under
section 106(b)(2).
``(5) Environmental document.--The term `environmental
document' means an environmental impact statement, an
environmental assessment, or a finding of no significant
impact.
``(6) Environmental impact statement.--The term
`environmental impact statement' means a detailed written
statement that is required by section 102(2)(C).
``(7) Finding of no significant impact.--The term `finding
of no significant impact' means a determination by a Federal
agency that a proposed agency action does not require the
issuance of an environmental impact statement.
``(8) Participating federal agency.--The term
`participating Federal agency' means a Federal agency
participating in an environmental review or authorization of an
action.
``(9) Lead agency.--The term `lead agency' means, with
respect to a proposed agency action--
``(A) the agency that proposed such action; or
``(B) if there are 2 or more involved Federal
agencies with respect to such action, the agency
designated under section 107(a)(1).
``(10) Major federal action.--
``(A) In general.--The term `major Federal action'
means an action that the agency carrying out such
action determines is subject to substantial Federal
control and responsibility.
``(B) Exclusion.--The term `major Federal action'
does not include--
``(i) a non-Federal action--
``(I) with no or minimal Federal
funding; or
``(II) with no or minimal Federal
involvement where a Federal agency
cannot control the outcome of the
project;
``(ii) funding assistance solely in the
form of general revenue sharing funds which do
not provide Federal agency compliance or
enforcement responsibility over the subsequent
use of such funds;
``(iii) loans, loan guarantees, or other
forms of financial assistance where a Federal
agency does not exercise sufficient control and
responsibility over the subsequent use of such
financial assistance or the effect of the
action;
``(iv) business loan guarantees provided by
the Small Business Administration pursuant to
section 7(a) or (b) and of the Small Business
Act ( U.S.C. 636(a)), or title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695
et seq.);
``(v) bringing judicial or administrative
civil or criminal enforcement actions;
``(vi) extraterritorial activities or
decisions, which means agency activities or
decisions with effects located entirely outside
of the jurisdiction of the United States; or
``(vii) activities or decisions that are
non-discretionary and made in accordance with
the agency's statutory authority.
``(11) Programmatic environmental document.--The term
`programmatic environmental document' means an environmental
impact statement or environmental assessment analyzing all or
some of the environmental effects of a policy, program, plan,
or group of related actions.
``(12) Proposal.--The term `proposal' means a proposed
action at a stage when an agency has a goal, is actively
preparing to make a decision on one or more alternative means
of accomplishing that goal, and can meaningfully evaluate its
effects.
``(13) Special expertise.--The term `special expertise'
means statutory responsibility, agency mission, or related
program experience.''.
SEC. 322. INTERREGIONAL TRANSFER CAPABILITY DETERMINATION STUDY.
(a) In General.--The Electric Reliability Organization (as that
term is defined in section 215(a)(2) of the Federal Power Act), in
consultation with each regional entity (as that term is defined in
section 215(a)(7) of such Act) and each transmitting utility (as that
term is defined in section 3(23) of such Act) that has facilities
interconnected with a transmitting utility in a neighboring
transmission planning region, shall conduct a study of total transfer
capability as defined in section 37.6(b)(1)(vi) of title 18, Code of
Federal Regulations, between transmission planning regions that
contains the following:
(1) Current total transfer capability, between each pair of
neighboring transmission planning regions.
(2) A recommendation of prudent additions to total transfer
capability between each pair of neighboring transmission
planning regions that would demonstrably strengthen reliability
within and among such neighboring transmission planning
regions.
(3) Recommendations to meet and maintain total transfer
capability together with such recommended prudent additions to
total transfer capability between each pair of neighboring
transmission planning regions.
(b) Publication.--Not later than 18 months after the date of
enactment of this Act, the North American Electric Reliability
Corporation shall deliver a study to Federal Energy Regulatory
Commission, which shall publish the study required in subsection (a) in
the Federal Register and seek public comments.
(c) Report.--Not later than 12 months after the end of the public
comment period in subsection (b), the Federal Energy Regulatory
Commission shall submit a report on its conclusions to Congress and
include recommendations, if any, for statutory changes.
SEC. 323. PERMITTING STREAMLINING FOR ENERGY STORAGE.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended by inserting ``energy storage,'' before ``or any other
sector''.
SEC. 324. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY PIPELINE.
(a) Definition of Mountain Valley Pipeline.--In this section, the
term ``Mountain Valley Pipeline'' means the Mountain Valley Pipeline
project, as generally described and approved in Federal Energy
Regulatory Commission Docket Nos. CP16-10, CP19-477, and CP21-57.
(b) Congressional Findings and Declaration.--The Congress hereby
finds and declares that the timely completion of construction and
operation of the Mountain Valley Pipeline is required in the national
interest. The Mountain Valley Pipeline will serve demonstrated natural
gas demand in the Northeast, Mid-Atlantic, and Southeast regions, will
increase the reliability of natural gas supplies and the availability
of natural gas at reasonable prices, will allow natural gas producers
to access additional markets for their product, and will reduce carbon
emissions and facilitate the energy transition.
(c) Approval and Ratification and Maintenance of Existing
Authorizations.--Notwithstanding any other provision of law--
(1) Congress hereby ratifies and approves all
authorizations, permits, verifications, extensions, biological
opinions, incidental take statements, and any other approvals
or orders issued pursuant to Federal law necessary for the
construction and initial operation at full capacity of the
Mountain Valley Pipeline; and
(2) Congress hereby directs the Secretary of the Army, the
Federal Energy Regulatory Commission, the Secretary of
Agriculture, and the Secretary of the Interior, and other
agencies as applicable, as the case may be, to continue to
maintain such authorizations, permits, verifications,
extensions, biological opinions, incidental take statements,
and any other approvals or orders issued pursuant to Federal
law necessary for the construction and initial operation at
full capacity of the Mountain Valley Pipeline.
(d) Expedited Approval.--Notwithstanding any other provision of
law, not later than 21 days after the date of enactment of this Act and
for the purpose of facilitating the completion of the Mountain Valley
Pipeline, the Secretary of the Army shall issue all permits or
verifications necessary--
(1) to complete the construction of the Mountain Valley
Pipeline across the waters of the United States; and
(2) to allow for the operation and maintenance of the
Mountain Valley Pipeline.
(e) Judicial Review.--
(1) Notwithstanding any other provision of law, no court
shall have jurisdiction to review any action taken by the
Secretary of the Army, the Federal Energy Regulatory
Commission, the Secretary of Agriculture, the Secretary of the
Interior, or a State administrative agency acting pursuant to
Federal law that grants an authorization, permit, verification,
biological opinion, incidental take statement, or any other
approval necessary for the construction and initial operation
at full capacity of the Mountain Valley Pipeline, including the
issuance of any authorization, permit, extension, verification,
biological opinion, incidental take statement, or other
approval described in subsection (c) or (d) of this section for
the Mountain Valley Pipeline, whether issued prior to, on, or
subsequent to the date of enactment of this section, and
including any lawsuit pending in a court as of the date of
enactment of this section.
(2) The United States Court of Appeals for the District of
Columbia Circuit shall have original and exclusive jurisdiction
over any claim alleging the invalidity of this section or that
an action is beyond the scope of authority conferred by this
section.
(f) Effect.--This section supersedes any other provision of law
(including any other section of this Act or other statute, any
regulation, any judicial decision, or any agency guidance) that is
inconsistent with the issuance of any authorization, permit,
verification, biological opinion, incidental take statement, or other
approval for the Mountain Valley Pipeline.
DIVISION D--INCREASE IN DEBT LIMIT
SEC. 401. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.
(a) In General.--Section 3101(b) of title 31, United States Code,
shall not apply for the period beginning on the date of the enactment
of this Act and ending on January 1, 2025.
(b) Special Rule Relating to Obligations Issued During Extension
Period.--Effective on January 2, 2025, the limitation in effect under
section 3101(b) of title 31, United States Code, shall be increased to
the extent that--
(1) the face amount of obligations issued under chapter 31
of such title and the face amount of obligations whose
principal and interest are guaranteed by the United States
Government (except guaranteed obligations held by the Secretary
of the Treasury) outstanding on January 2, 2025, exceeds
(2) the face amount of such obligations outstanding on the
date of the enactment of this Act.
(c) Restoring Congressional Authority Over the National Debt.--
(1) Extension limited to necessary obligations.--An
obligation shall not be taken into account under subsection
(b)(1) unless the issuance of such obligation was necessary to
fund a commitment incurred pursuant to law by the Federal
Government that required payment before January 2, 2025.
(2) Prohibition on creation of cash reserve during
extension period.--The Secretary of the Treasury shall not
issue obligations during the period specified in subsection (a)
for the purpose of increasing the cash balance above normal
operating balances in anticipation of the expiration of such
period.
Passed the House of Representatives May 31, 2023.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 84
118th CONGRESS
1st Session
H. R. 3746
_______________________________________________________________________
AN ACT
To provide for a responsible increase to the debt ceiling.
_______________________________________________________________________
May 31, 2023
Read the second time and placed on the calendar