Fiscal Responsibility Act of 2023
This act increases the federal debt limit, establishes new discretionary spending limits, rescinds unobligated funds, expands work requirements for federal programs, and modifies other requirements related to the federal budget process.
DIVISION A--LIMIT FEDERAL SPENDING
TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY
(Sec. 101) This section establishes new discretionary spending limits (also known as spending caps) for FY2024 and FY2025 that are enforced with sequestration (i.e., automatic, across-the-board spending reductions). The Congressional Budget Office (CBO) has estimated that the spending limits will reduce spending below the levels included in its baseline projections.
In addition, this section extends and establishes new limits for several adjustments to discretionary spending limits that are permitted under current law to accommodate additional appropriations for certain activities. These adjustments apply to spending for
The section also extends the adjustment to discretionary spending limits for disaster relief funding. The limits for this adjustment are based on a statutory formula, which is modified by this section.
During FY2026-FY2029, if the annual budget resolution has not been adopted by Congress by April 15, this section requires the chairman of the House Budget Committee to submit to the House a spending allocation for the House Appropriations Committee that is consistent with levels specified in this section.
Finally, the section provides funding for (1) the Department of Veterans Affairs Cost of War Toxic Exposures Fund, and (2) the Department of Commerce Nonrecurring Expenses Fund.
(Sec. 102) This section requires the discretionary spending limits to be revised if a continuing resolution (CR) is in effect at the beginning of the calendar year.
Specifically, if a CR for FY2024 or FY2025 is in effect on or after January 1 of 2024 or 2025 for any discretionary budget account, the discretionary spending limits for that fiscal year must be revised to specified levels. CBO has estimated that the revised limits will be lower for defense spending and higher for nondefense spending compared to the original limits.
If all of the regular appropriations bills for the fiscal year are enacted before April 30, the revised limits revert to the original limits. If a CR is in effect on April 30 of 2024 or 2025, a final sequestration order must be issued based on the revised limits.
(Sec. 103) This section exempts specified funds that were previously designated as emergency spending from the discretionary spending limits.
TITLE II--BUDGET ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES
(Sec. 111) This section requires the chairman of the House Budget Committee to submit for publication in the Congressional Record FY2024 committee allocations, aggregate spending levels, and aggregate revenue levels consistent with this division.
The allocations, aggregates, and levels submitted by the chairman are enforceable in the House of Representatives as if they were included in a FY2024 congressional budget resolution.
The chairman may adjust the levels to reflect (1) changes resulting from CBO's updates to it baseline for FY2024-FY2033, or (2) legislation that would not increase the deficit over either FY2024-FY2028 or FY2024-FY2033.
This section expires if Congress agrees to a budget resolution for FY2024.
(Sec. 112) This section sets forth limitations that apply to advance appropriations in the House of Representatives.
(Sec. 113) This section specifies that this title is enacted under the rulemaking powers of the House of Representatives and will be considered part of the rules of the House. It also recognizes that the House has the authority to change these rules.
TITLE III--BUDGET ENFORCEMENT IN THE SENATE
(Sec. 121) This section requires the chairman of the Senate Budget Committee to submit for publication in the Congressional Record FY2024 committee allocations, aggregate spending and revenue levels, and levels of Social Security revenues and outlays consistent with this division. The chairman may also include the deficit neutral reserve fund contained in the FY2022 budget resolution, updated by two fiscal years.
The allocations, aggregates, and levels submitted by the chairman are enforceable in the Senate as if they were included in a FY2024 congressional budget resolution. This section expires if Congress agrees to a budget resolution for FY2024.
(Sec. 122) After April 15, 2024, but not later than May 15, 2024, the chairman of the Senate Budget Committee must submit for publication in the Congressional Record FY2025 committee allocations, aggregate spending and revenue levels, and levels of Social Security revenues and outlays consistent with this division. The chairman may also include the deficit neutral reserve fund contained in the FY2022 budget resolution, updated by three fiscal years.
After April 15, 2024, the allocations, aggregates, and levels submitted by the chairman are enforceable in the Senate as if they were included in a FY2025 congressional budget resolution. This section expires if Congress agrees to a budget resolution for FY2025.
(Sec. 123) This section sets forth limitations and budget enforcement procedures that apply to advance appropriations in the Senate.
(Sec. 124) This section specifies that this title is enacted under the rulemaking powers of the Senate and will be considered part of the rules of the Senate. It also recognizes that the Senate has the authority to change these rules.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED FUNDS
This title rescinds certain unobligated funds that were provided by several laws, including various laws that were enacted to address the impact of COVID-19.
(Sec.1) This section specifies that each rescission made by this title must be applied to the unobligated balances for each applicable appropriation as of the date of enactment of this title.
(Sec. 2) This section rescinds specified unobligated funds that were provided to address COVID-19, including funds that were provided for
(Sec. 3) This section rescinds specified unobligated funds that were provided for the Department of Agriculture (USDA) to provide support to agricultural producers impacted by COVID-19.
(Sec. 4) This section rescinds specified unobligated funds that were provided for USDA to provide support to agricultural producers, growers, and processors impacted by COVID-19.
(Sec. 5) This section rescinds specified unobligated funds that were provided to USDA for the Local Agriculture Market Program.
(Sec. 6) This section rescinds specified unobligated funds that were provided to USDA for the Farming Opportunities Training and Outreach Grant Program.
(Sec. 7) This section rescinds specified unobligated funds that were provided to USDA for the Dairy Donation Program.
(Sec. 8) This section rescinds specified unobligated funds that were provided for USDA to provide grants for improvements to meat and poultry facilities to allow for interstate shipment.
(Sec. 9) This section rescinds specified unobligated funds that were provided to USDA for the Food Supply Chain and Agriculture Pandemic Response Program.
(Sec. 10) This section rescinds specified unobligated funds that were provided for the Exchange Stabilization Fund.
(Sec. 11) This section rescinds specified unobligated funds that were provided for programs to support aviation workers.
(Sec. 12) This section rescinds specified unobligated funds that were provided for the Air Transportation Payroll Support Program.
(Sec. 13) This section rescinds specified unobligated funds that were provided for the Emergency Capital Investment Program, which was established to encourage low- and moderate-income community financial institutions to expand their support for small businesses and consumers in their communities.
(Sec. 14) This section rescinds specified unobligated funds that were provided to the Department of the Treasury for the State Small Business Credit Initiative.
(Sec. 15) This section rescinds specified unobligated funds that were provided to support aviation workers during the COVID-19 pandemic.
(Sec. 16) This section rescinds specified unobligated funds that were provided to the Corporation for National and Community Service.
(Sec. 17) This section rescinds specified unobligated funds that were provided to the Department of Education (ED) for the Elementary and Secondary School Emergency Relief Fund.
(Sec. 18) This section rescinds specified unobligated funds that were provided to ED for the Emergency Assistance to Non-Public Schools Program.
(Sec. 19) This section rescinds specified unobligated funds that were provided to ED for the Higher Education Emergency Relief Fund.
(Sec. 20) This section rescinds specified unobligated funds that were provided to the Federal Highway Administration for Highway Infrastructure Programs.
(Sec. 21) This section rescinds specified unobligated funds that were provided to the Department of Transportation (DOT) for the Aviation Manufacturing Jobs Protection Program.
(Sec. 22) This section rescinds specified unobligated funds that were provided to the Small Business Administration (SBA) for (1) emergency grants under the Economic Injury Disaster Loan (EIDL) Program, and (2) the Disaster Loans Program.
(Sec. 23) This section rescinds specified unobligated funds that were provided to the SBA for the Disaster Loans Program account.
(Sec. 24) This section rescinds specified unobligated funds that were provided to the Department of Labor to detect and prevent fraud, promote equitable access, and ensure the timely payment of benefits with respect to unemployment compensation programs.
(Sec. 25) This section rescinds specified unobligated funds that were provided to the Department of Housing and Urban Development (HUD) for Tenant-Based Rental Assistance.
(Sec. 26) This section rescinds specified unobligated funds that were provided to HUD for Native American Programs.
(Sec. 27) This section rescinds specified unobligated funds that were provided to HUD for Housing for Persons with Disabilities.
(Sec. 28) This section rescinds specified unobligated funds that were provided to HUD for Project-Based Rental Assistance.
(Sec. 29) This section rescinds specified unobligated funds that were provided to HUD for Housing for the Elderly.
(Sec. 30) This section rescinds specified unobligated funds that were provided to HUD for the Fair Housing Initiatives Program.
(Sec. 31) This section rescinds specified unobligated funds that were provided to the Office of the Secretary of Transportation for Salaries and Expenses.
(Sec. 32) This section rescinds specified unobligated funds that were provided to DOT for the Essential Air Service program.
(Sec. 33) This section rescinds specified unobligated funds that were provided to the Federal Aviation Administration for Grants-In-Aid for Airports.
(Sec. 34) This section rescinds specified unobligated funds that were provided for grants to the National Railroad Passenger Corporation (Amtrak).
(Sec. 35) This section rescinds specified unobligated funds that were provided for assistance to sponsors of airports.
(Sec. 36) This section rescinds specified unobligated funds that were provided for the Emergency Rental Assistance program.
(Sec. 37) This section rescinds specified unobligated funds that were provided to the Internal Revenue Service for the administration of the 2021 recovery rebates for individuals.
(Sec. 38) This section rescinds specified unobligated funds that were provided to the Cybersecurity and Infrastructure Agency for cybersecurity risk mitigation.
(Sec. 39) This section rescinds specified unobligated funds that were provided to the Department of Justice for Justice Information Sharing Technology.
(Sec. 40) This section rescinds specified unobligated funds that were provided to the Department of Defense for Defense Production Act Purchases.
(Sec. 41) This section rescinds specified unobligated funds that were provided to the Department of State for Diplomatic Programs and subsequently transferred to the Educational and Cultural Exchange Programs account.
(Sec. 42) This section rescinds specified unobligated funds that were provided to the State Department for Migration and Refugee Assistance.
(Sec. 43) This section rescinds specified unobligated funds that were provided to the President for International Disaster Assistance.
(Sec. 44) This section rescinds specified unobligated funds that were provided to the State Department for Sudan Claims.
(Sec. 45) This section rescinds specified unobligated funds that were provided to the President for the Economic Support Fund.
(Sec. 46) This section rescinds specified unobligated funds that were provided to the Federal Communications Commission for Salaries and Expenses.
(Sec. 47) This section rescinds specified unobligated funds that were provided to the SBA for Emergency Economic Injury Disaster Loan (EIDL) Grants.
(Sec. 48) This section rescinds specified unobligated funds that were provided to the Minority Business Development Agency for the Minority Business Development Centers Program.
(Sec. 49) This section rescinds specified unobligated funds that were provided to the SBA for technical assistance grants under Entrepreneurial Development Programs.
(Sec. 50) This section rescinds specified unobligated fund that were provided for the Connecting Minority Communities Pilot Program, which provides grants to Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and Minority-Serving Institutions (MSIs) for internet service, related equipment, and information technology personnel.
(Sec. 51) This section rescinds specified unobligated funds that were provided for (1) the Tribal Broadband Connectivity Program, and (2) the Broadband Infrastructure Program.
(Sec. 52) This section rescinds specified unobligated funds that were provided to the SBA for the Restaurant Revitalization Fund.
(Sec. 53) This section rescinds specified unobligated funds that were provided to the Administration for Children and Families for Payments to States for the Child Care and Development Block Grant.
(Sec. 54) This section rescinds specified unobligated funds that were provided for the administrative costs of the Child Care and Development Block Grant program.
(Sec. 55) This section rescinds specified unobligated funds that were provided to carry out certain programs authorized by the Family Violence Prevention and Services Act.
(Sec. 56) This section rescinds specified unobligated funds that were provided for programs related to child abuse prevention and treatment.
(Sec. 57) This section rescinds specified unobligated funds that were provided to the Department of Health and Human Services for the Low Income Household Water Assistance Program.
(Sec. 58) This section rescinds specified unobligated funds that were provided for the Pandemic Emergency Assistance Fund, which was established within the Temporary Assistance for Needy Families program to address the economic impact of the COVID-19 pandemic.
(Sec. 59) This section rescinds specified unobligated funds that were provided for grants to ensure the survival and continuing vitality of Native American languages during and after the COVID-19 public health emergency.
(Sec. 60) This section rescinds specified unobligated funds that were provided to the Rural Utilities Service for the Distance Learning, Telemedicine, and Broadband Program.
(Sec. 61) This section rescinds specified unobligated funds that were provided to USDA for the Specialty Crop Block Grant Program.
(Sec. 62) This section rescinds specified unobligated funds that were provided to USDA for the Emergency Rural Health Care program.
(Sec. 63) This section rescinds specified unobligated funds that were provided to USDA's Rural Housing Service for direct loans for single family housing and repairs to single family homes.
(Sec. 64) This section rescinds specified unobligated funds that were provided to the Department of Energy for science programs.
(Sec. 65) This section rescinds specified unobligated funds that were provided to the U.S. Fish and Wildlife Service for activities such as inspections, interdictions, and research related to certain species and COVID-19.
(Sec. 66) This section rescinds specified unobligated funds that were provided to the Bureau of Indian Affairs.
(Sec. 67) This section rescinds specified unobligated funds that were provided to ED for Program Administration.
(Sec. 68) This section rescinds specified unobligated funds that were provided to ED for Student Aid Administration.
(Sec. 69) This section rescinds specified unobligated funds that were provided to ED for the Institute of Education Sciences.
(Sec. 70) This section rescinds specified unobligated funds that were provided to ED for Program Administration.
(Sec. 71) This section rescinds specified unobligated funds that were provided to ED for American Indian, Native Hawaiian, and Alaska Native Education.
(Sec. 72) This section rescinds specified unobligated funds that were provided to the Environmental Protection Agency to address health outcome disparities from pollution and the COVID-19 pandemic.
(Sec. 73) This section rescinds specified unobligated funds that were provided to Labor for worker protection activities.
(Sec. 74) This section rescinds specified unobligated funds that were provided to Labor for short-time-compensation (STC) programs.
(Sec. 75) This section rescinds specified unobligated funds that were provided to the General Services Administration for the Federal Citizen Services Fund.
(Sec. 76) This section rescinds specified unobligated funds that were provided to the National Endowment for the Arts.
(Sec. 77) This section rescinds specified unobligated funds that were provided to the National Endowment for the Humanities.
(Sec. 78) This section rescinds specified unobligated funds that were provided to the Institute of Museum and Library Services.
(Sec. 79) This section rescinds specified unobligated funds that were made available under the Railroad Unemployment Insurance Act.
(Sec. 80) This section rescinds specified unobligated funds that were provided to the Railroad Retirement Board.
(Sec. 81) This section rescinds specified unobligated funds that were provided to the Federal Trade Commission.
TITLE II--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
(Sec. 251) This section rescinds specified unobligated funds that were provided to the Internal Revenue Service and related agencies by the 2022 reconciliation act (commonly known as the Inflation Reduction Act of 2022).
TITLE III--STATUTORY ADMINISTRATIVE PAY-AS-YOU-GO
Administrative Pay-As-You-Go Act of 2023
This title provides statutory authority for the Office of Management and Budget (OMB) administrative pay-as-you-go procedures.
(Sec. 263) This section requires federal agencies to submit at least one proposal to reduce direct spending (i.e., mandatory spending) before taking a discretionary administrative action that increases direct spending. The proposed reduction must be greater than or equal to the increase in direct spending attributable to the administrative action.
Further, if an agency determines an administrative action that increases direct spending is required by law, and therefore not subject to these requirements, the agency must submit to the OMB (1) its legal basis for concluding that the action is not discretionary, and (2) the projected increase in direct spending under the least costly implementation option that is reasonably identifiable.
(Sec. 264) This section requires the OMB to issue administrative guidance regarding these requirements.
(Sec. 265) This section permits the OMB to waive these requirements if a waiver is necessary for (1) the delivery of essential services, or (2) effective program delivery.
(Sec. 266) This section exempts administrative actions from these requirements if the direct spending cost of the action is less than (1) $1 billion over the 10-year period beginning with the current year, or (2) $100 million in any given year over such period.
(Sec. 267) Determinations, findings, and actions related to these requirements are not subject to judicial review.
(Sec. 268) These requirements expire on December 31, 2024.
(Sec. 269) The Government Accountability Office (GAO) must report on the implementation of these requirements.
(Sec. 270) The GAO also must include an assessment of an agency's compliance with these requirements in its report for a major rule under the Congressional Review Act.
TITLE IV--TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL STUDENT LOANS; RESUMPTION OF ACCRUAL OF INTEREST AND COLLECTIONS
(Sec. 271) This section terminates the suspension of (1) federal student loan payments, (2) the application of a 0% interest rate on these loans, and (3) involuntary collections on these loans. This termination takes effect 60 days after June 30, 2023.
The section also prohibits the Department of Education from implementing any executive action or rule that extends any of these suspensions unless the action is expressly authorized by Congress.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
This title makes various changes to the work requirements and other aspects of the Temporary Assistance for Needy Families (TANF) program.
(Sec. 301) This section changes the comparison year for calculating the caseload reduction credit from FY2005 to FY2015. Under current law, states must meet a mandatory work participation rate by ensuring that a specified percentage of families that receive TANF assistance participate in work-related activities. However, a state may earn a caseload reduction credit to lower that rate by reducing its caseload of families receiving TANF assistance as compared to its caseload in FY2005. This section changes the comparison year to FY2015.
(Sec. 302) This section requires the Department of Health and Human Services to award grants to up to five states for piloting alternative ways to measure the states' performance in improving employment and earnings outcomes and other indicators of family stability and well-being for TANF recipients.
(Sec. 303) This section restricts a practice whereby some states provide a limited amount of TANF assistance to families as a supplement to benefits that the families receive under another program, such as the Supplemental Nutrition Assistance Program (SNAP), and then count those families when determining the work participation rate.
Specifically, the section requires that states must provide those families with a benefit of at least $35 per month (funded with state expenditures) in order to count the families when determining the work participation rate.
(Sec. 304) This section requires states to report metrics related to the employment and educational outcomes of individuals who exit the TANF program. Specifically, states must report on the employment rate for individuals in unsubsidized employment following their exit from the program and their median earnings. Additionally, states must report on the percentage of individuals under age 24 who obtain a high school degree or equivalent while in the TANF program or within a year of their exit.
(Sec. 305) This section makes the changes to the TANF program generally effective on October 1, 2024. However, changes affecting the caseload reduction credit and the provision of limited TANF assistance are effective on October 1, 2025.
TITLE II--SNAP EXEMPTIONS
(Sec. 311) This section expands applicability of the work requirements for SNAP recipients who are able-bodied adults without dependents (ABAWDs). (SNAP recipients who are ABAWDs have work-related requirements in addition to the general SNAP work registration and employment and training requirements.)
Specifically, this section applies the work requirements for ABAWDs to adults who are
Under current law, these requirements apply to adults who are not over 50 years old. These provisions go into effect 90 days after enactment and sunset on October 1, 2030.
Also, the section exempts from the ABAWD work requirements homeless individuals, veterans, and certain individuals who were previously in foster care and are 24 years old or younger.
(Sec. 312) This section prohibits a state agency from accumulating unused exemptions to the ABAWD work requirement and providing them to eligible SNAP recipients beyond the subsequent fiscal year.
Currently, for each fiscal year, a state agency may exempt a certain number of SNAP recipients from the ABAWD work requirements; unused exemptions may be carried over and used in a subsequent fiscal year. Under this section, an unused exemption may not be carried over for more than one year.
Further, this section reduces the percentage of exemptions a state agency may provide each year so that the average monthly number of exemptions does not exceed 8% of covered individuals (i.e., SNAP recipients and certain individuals who were denied SNAP benefits due to the work requirements). Under current law, a state is eligible for exemptions for up to 12% of covered individuals.
These provisions apply to FY2024 and each subsequent fiscal year.
(Sec. 313) This section expands the purpose of SNAP to include assisting low-income adults in obtaining employment and increasing their earnings.
(Sec. 314) This section requires USDA to make public all available state requests for waivers from the SNAP ABAWD work requirements and the approvals of the requests within 30 days of enactment; this includes making public all supporting data from the state about the request and relevant documentation on the utilization of waivers.
This waiver program allows the Food and Nutrition Service to provide a state exemptions from SNAP ABAWD work requirements based on a determination that an area (1) has an unemployment rate of over 10%, or (2) does not have a sufficient number of jobs.
TITLE III--PERMITTING REFORM
(Sec. 321) This section modifies provisions under the National Environmental Policy Act of 1969 (NEPA), including by limiting the scope of the administrative review of major federal actions. Under NEPA, agencies must conduct an environmental assessment (EA) to determine if a proposed federal action will have significant environmental impacts. If the EA determines that such impacts will be significant, then the agency must submit an Environmental Impact Statement (EIS). The EIS must include a range of alternatives to the proposed action.
Among other elements, the section defines a major federal action to be an action that an agency determines is subject to substantial federal control and responsibility. The definition explicitly excludes certain actions from NEPA requirements, such as a nonfederal action with minimal federal funding or involvement.
This section limits the scope of an EIS review to reasonably foreseeable environmental effects of the proposed agency action. The section also provides threshold determinations for when an agency is not required to prepare an environmental document under NEPA, such as when categorical exclusions (including those adopted from another agency) apply.
The section limits alternatives in an EIS to a reasonable range. Further, the alternatives included in the EIS must be technically and economically feasible. Additionally, an EA or EIS must also be under the page limits established by the section.
The section also requires a lead agency to be designated when more than one agency is participating in a proposed action. The lead agency must supervise the preparation of one environmental document (e.g., EIS) and prepare a schedule to complete the review of the action.
The lead agency must complete the EA or EIS within deadlines established by the section but may extend the deadline to provide additional time as is necessary. Additionally, a project sponsor may file a written petition to seek a court order to set forth a schedule and deadline for the agency if the agency has failed to act.
A lead agency must prescribe procedures to allow a project sponsor to prepare an EA or EIS under the supervision of the agency.
The section also provides guidelines for the (1) use of analysis from a previously reviewed programmatic environmental document in a subsequent document for a specified time period, and (2) adoption of another agency's categorical exclusions for proposed agency actions.
Under this section, the Council on Environmental Quality must study and report on the potential for online and digital technologies to address delays in reviews and improve public accessibility and transparency related to NEPA requirements.
(Sec. 322) This section requires the Electric Reliability Organization to study the total transfer capability between transmission planning regions. Generally, total transfer capability means the amount of electric power that can be moved or transferred reliably from one area to another area of the interconnected transmission systems by way of all transmission lines (or paths) between those areas under specified system conditions.
The Federal Energy Regulatory Commission must publish the study and seek public comments.
(Sec. 323) This section designates energy storage projects as covered projects under the Fixing America's Surface Transportation (FAST) Act. Such projects qualify for expedited environmental review.
(Sec. 324) This section ratifies and approves all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and other approvals or orders issued for the construction and initial operation of the Mountain Valley Pipeline (a natural gas pipeline located in Virginia and West Virginia).
The section directs all applicable agencies to continue to maintain such authorizations issued for the construction and operation of the pipeline. Additionally, this section exempts all such authorizations from judicial review, regardless of the issue date, and including pending lawsuits.
The section requires the Department of the Army to issue within 21 days all permits or verifications necessary to (1) complete the construction of the pipeline across the waters of the United States, and (2) allow for the operation and maintenance of the pipeline.
DIVISION D--INCREASE IN DEBT LIMIT
(Sec. 401) This section suspends the federal debt limit through January 1, 2025, and increases the limit on January 2, 2025, to accommodate the obligations issued during the suspension period.
Adjustments to the debt limit for obligations issued during the suspension period are limited to obligations necessary to fund a commitment incurred by the federal government that required payment before January 2, 2025.
The Department of the Treasury may not issue obligations during the suspension period to increase cash balances above normal operating balances.
[118th Congress Public Law 5]
[From the U.S. Government Publishing Office]
[[Page 9]]
FISCAL RESPONSIBILITY ACT OF 2023
[[Page 137 STAT. 10]]
Public Law 118-5
118th Congress
An Act
To provide for a responsible increase to the debt ceiling. <<NOTE: June
3, 2023 - [H.R. 3746]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Fiscal
Responsibility Act of 2023.>>
SECTION 1. <<NOTE: 2 USC 900 note.>> 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.
[[Page 137 STAT. 11]]
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.
[[Page 137 STAT. 12]]
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
[[Page 137 STAT. 13]]
``(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 <<NOTE: 2 USC 901.>> 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) <<NOTE: Time period.>>
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--
[[Page 137 STAT. 14]]
(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) <<NOTE: Applicability.>> 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) <<NOTE: Estimate.>> 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.
[[Page 137 STAT. 15]]
(f) <<NOTE: Applicability. Time periods.>> 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. <<NOTE: Time periods.>> SPECIAL ADJUSTMENTS FOR FISCAL
YEARS 2024 AND 2025.
Section 251 of the Balanced Budget and Emergency Deficit Control Act
of 1985 <<NOTE: 2 USC 901.>> 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.--
[[Page 137 STAT. 16]]
``(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
[[Page 137 STAT. 17]]
(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. <<NOTE: Time periods.>> AUTHORITY FOR FISCAL YEAR 2024
BUDGET RESOLUTION IN THE HOUSE OF
REPRESENTATIVES.
(a) <<NOTE: Applicability.>> 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) <<NOTE: Congressional Record, publication.>> 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.
[[Page 137 STAT. 18]]
(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) <<NOTE: Congressional Record, publication.>> 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.
[[Page 137 STAT. 19]]
TITLE III--BUDGET ENFORCEMENT IN THE SENATE
SEC. 121. AUTHORITY FOR FISCAL YEAR 2024 BUDGET RESOLUTION IN THE
SENATE.
(a) <<NOTE: Applicability.>> 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) <<NOTE: Congressional Record, publication. Time periods.>>
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
[[Page 137 STAT. 20]]
(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. <<NOTE: Time periods.>> AUTHORITY FOR FISCAL YEAR 2025
BUDGET RESOLUTION IN THE SENATE.
(a) <<NOTE: Applicability.>> 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) <<NOTE: Deadline. Congressional Record, publication.>>
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);
[[Page 137 STAT. 21]]
(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) <<NOTE: Time periods.>> 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--
[[Page 137 STAT. 22]]
(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
[[Page 137 STAT. 23]]
(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. <<NOTE: Applicability.>> 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-
[[Page 137 STAT. 24]]
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.
[[Page 137 STAT. 25]]
(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.
[[Page 137 STAT. 26]]
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.
[[Page 137 STAT. 27]]
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.
[[Page 137 STAT. 28]]
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.
[[Page 137 STAT. 29]]
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.
[[Page 137 STAT. 30]]
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
[[Page 137 STAT. 31]]
``Inflation Reduction Act of 2022'') as of the date of the enactment of
this Act, $1,389,525,000 are hereby rescinded.
TITLE III-- <<NOTE: Administrative Pay-As-You-Go Act of
2023.>> STATUTORY ADMINISTRATIVE PAY-AS-YOU-GO
SEC. 261. <<NOTE: 5 USC 551 note.>> 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.
[[Page 137 STAT. 32]]
SEC. 263. <<NOTE: Determinations.>> REQUIREMENTS FOR
ADMINISTRATIVE ACTIONS THAT AFFECT DIRECT
SPENDING.
(a) Discretionary Administrative Actions.--
(1) <<NOTE: Review. Notice. Budget estimate.>> 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) <<NOTE: Proposal.>> 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) <<NOTE: Projection.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 33]]
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) <<NOTE: Federal Register, publication.>> Publication.--Any
waiver determination under subsection (a) shall be published in the
Federal Register.
SEC. 266. EXEMPTION.
This <<NOTE: Time period.>> 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. <<NOTE: 20 USC 1001 note.>> TERMINATION OF SUSPENSION
OF PAYMENTS ON FEDERAL STUDENT LOANS;
RESUMPTION OF ACCRUAL OF INTEREST AND
COLLECTIONS.
(a) <<NOTE: Time period.>> 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).
[[Page 137 STAT. 34]]
(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) <<NOTE: Grants.>> 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. <<NOTE: Guidance.>> 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) <<NOTE: Time period. Plan.>> 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
[[Page 137 STAT. 35]]
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.-- <<NOTE: Determination.>> 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) <<NOTE: Time periods.>> 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:
[[Page 137 STAT. 36]]
``(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. <<NOTE: 42 USC 607 note.>> 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
[[Page 137 STAT. 37]]
``(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) <<NOTE: 7 USC 2015 note.>> Application.--
(1) <<NOTE: Effective date.>> 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) <<NOTE: Time periods. Estimate.>> 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 <<NOTE: Time periods.>> 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.''.
[[Page 137 STAT. 38]]
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. <<NOTE: Deadline. Public information. Data. 7 USC 2015
note.>> 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) <<NOTE: Analysis.>> 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
[[Page 137 STAT. 39]]
(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. <<NOTE: 42 USC 4336.>> 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
[[Page 137 STAT. 40]]
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. <<NOTE: 42 USC 4336a.>> TIMELY AND UNIFIED FEDERAL
REVIEWS.
``(a) Lead Agency.--
``(1) Designation.--
``(A) <<NOTE: Determination.>> 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) <<NOTE: Schedule.>> 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) <<NOTE: Determination. Notification. Compliance.>>
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
[[Page 137 STAT. 41]]
special expertise with respect to any environmental impact
involved in a proposal to serve as a
cooperating <<NOTE: Comments.>> 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. <<NOTE: Transmittal.>> 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) <<NOTE: Determination. Evaluation.>> 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) <<NOTE: Summary.>> 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.
[[Page 137 STAT. 42]]
``(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) <<NOTE: Procedures.>> 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. <<NOTE: Evaluation.>> The lead agency shall independently
evaluate the environmental document and shall take responsibility for
the contents.
``(g) <<NOTE: Determinations.>> Deadlines.--
``(1) <<NOTE: Notifications.>> 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) <<NOTE: Extension authority.>> 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) <<NOTE: Review.>> 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) <<NOTE: Schedule. Deadline. Compliance.>>
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
[[Page 137 STAT. 43]]
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. <<NOTE: Time periods. 42 USC 4336b.>> 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) <<NOTE: Evaluation.>> 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. <<NOTE: 42 USC 4336c.>> 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;
[[Page 137 STAT. 44]]
``(2) <<NOTE: Consultation.>> 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) <<NOTE: Public information.>> 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. <<NOTE: 42 USC 4336d.>> E-NEPA.
``(a) <<NOTE: Reports.>> 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. <<NOTE: 42 USC 4336e.>> 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).
[[Page 137 STAT. 45]]
``(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;
[[Page 137 STAT. 46]]
``(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. <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Federal Register, publication. Public
comments.>> 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''.
[[Page 137 STAT. 47]]
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) <<NOTE: Deadline.>> 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,
[[Page 137 STAT. 48]]
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. <<NOTE: 31 USC 3101 note.>> TEMPORARY EXTENSION OF
PUBLIC DEBT LIMIT.
(a) <<NOTE: Time period.>> 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.-- <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 49]]
operating balances in anticipation of the expiration of such
period.
Approved June 3, 2023.
LEGISLATIVE HISTORY--H.R. 3746:
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CONGRESSIONAL RECORD, Vol. 169 (2023):
May 31, considered and passed House.
June 1, considered and passed Senate.
<all>
Rule provides for consideration of H.R. 3746 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
DEBATE - The House proceeded with one hour of debate on H.R. 3746.
The previous question was ordered pursuant to the rule.
Passed/agreed to in House: On passage Passed by recorded vote: 314 - 117 (Roll No. 243). (text: CR H2681-2692)
Roll Call #243 (House)On passage Passed by recorded vote: 314 - 117 (Roll No. 243). (text: CR H2681-2692)
Roll Call #243 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (Legislative Day May 30, 2023).
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 84.
Motion to proceed to consideration of measure made in Senate. (consideration: CR S1868-1882)
Enacted as Public Law 118-5
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Motion to proceed to consideration of measure agreed to in Senate by Voice Vote.
Measure laid before Senate by motion. (consideration: CR S1882-1892)
Passed/agreed to in Senate: Passed Senate, under the order of 6/1/2023, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 63 - 36. Record Vote Number: 146.
Roll Call #146 (Senate)Passed Senate, under the order of 6/1/2023, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 63 - 36. Record Vote Number: 146.
Roll Call #146 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 118-5.
Became Public Law No: 118-5.