[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3746 Enrolled Bill (ENR)]
H.R.3746
One Hundred Eighteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twenty-three
An Act
To provide for a responsible increase to the debt ceiling.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Responsibility Act of 2023''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--LIMIT FEDERAL SPENDING
TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY
Sec. 101. Discretionary spending limits.
Sec. 102. Special adjustments for fiscal years 2024 and 2025.
Sec. 103. Budgetary treatment of previously enacted emergency
requirements.
TITLE II--BUDGET ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES
Sec. 111. Authority for Fiscal Year 2024 Budget Resolution in the House
of Representatives.
Sec. 112. Limitation on Advance Appropriations in the House of
Representatives.
Sec. 113. Exercise of rulemaking powers.
TITLE III--BUDGET ENFORCEMENT IN THE SENATE
Sec. 121. Authority for fiscal year 2024 budget resolution in the
Senate.
Sec. 122. Authority for fiscal year 2025 budget resolution in the
Senate.
Sec. 123. Limitation on advance appropriations in the Senate.
Sec. 124. Exercise of rulemaking powers.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED FUNDS
Sec. 1. Rescission of unobligated funds.
Sec. 2. Rescission of unobligated funds.
Sec. 3. Rescission of unobligated funds.
Sec. 4. Rescission of unobligated funds.
Sec. 5. Rescission of unobligated funds.
Sec. 6. Rescission of unobligated funds.
Sec. 7. Rescission of unobligated funds.
Sec. 8. Rescission of unobligated funds.
Sec. 9. Rescission of unobligated funds.
Sec. 10. Rescission of unobligated funds.
Sec. 11. Rescission of unobligated funds.
Sec. 12. Rescission of unobligated funds.
Sec. 13. Rescission of unobligated funds.
Sec. 14. Rescission of unobligated funds.
Sec. 15. Rescission of unobligated funds.
Sec. 16. Rescission of unobligated funds.
Sec. 17. Rescission of unobligated funds.
Sec. 18. Rescission of unobligated funds.
Sec. 19. Rescission of unobligated funds.
Sec. 20. Rescission of unobligated funds.
Sec. 21. Rescission of unobligated funds.
Sec. 22. Rescission of unobligated funds.
Sec. 23. Rescission of unobligated funds.
Sec. 24. Rescission of unobligated funds.
Sec. 25. Rescission of unobligated funds.
Sec. 26. Rescission of unobligated funds.
Sec. 27. Rescission of unobligated funds.
Sec. 28. Rescission of unobligated funds.
Sec. 29. Rescission of unobligated funds.
Sec. 30. Rescission of unobligated funds.
Sec. 31. Rescission of unobligated funds.
Sec. 32. Rescission of unobligated funds.
Sec. 33. Rescission of unobligated funds.
Sec. 34. Rescission of unobligated funds.
Sec. 35. Rescission of unobligated funds.
Sec. 36. Rescission of unobligated funds.
Sec. 37. Rescission of unobligated funds.
Sec. 38. Rescission of unobligated funds.
Sec. 39. Rescission of unobligated funds.
Sec. 40. Rescission of unobligated funds.
Sec. 41. Rescission of unobligated funds.
Sec. 42. Rescission of unobligated funds.
Sec. 43. Rescission of unobligated funds.
Sec. 44. Rescission of unobligated funds.
Sec. 45. Rescission of unobligated funds.
Sec. 46. Rescission of unobligated funds.
Sec. 47. Rescission of unobligated funds.
Sec. 48. Rescission of unobligated funds.
Sec. 49. Rescission of unobligated funds.
Sec. 50. Rescission of unobligated funds.
Sec. 51. Rescission of unobligated funds.
Sec. 52. Rescission of unobligated funds.
Sec. 53. Rescission of unobligated funds.
Sec. 54. Rescission of unobligated funds.
Sec. 55. Rescission of unobligated funds.
Sec. 56. Rescission of unobligated funds.
Sec. 57. Rescission of unobligated funds.
Sec. 58. Rescission of unobligated funds.
Sec. 59. Rescission of unobligated funds.
Sec. 60. Rescission of unobligated funds.
Sec. 61. Rescission of unobligated funds.
Sec. 62. Rescission of unobligated funds.
Sec. 63. Rescission of unobligated funds.
Sec. 64. Rescission of unobligated funds.
Sec. 65. Rescission of unobligated funds.
Sec. 66. Rescission of unobligated funds.
Sec. 67. Rescission of unobligated funds.
Sec. 68. Rescission of unobligated funds.
Sec. 69. Rescission of unobligated funds.
Sec. 70. Rescission of unobligated funds.
Sec. 71. Rescission of unobligated funds.
Sec. 72. Rescission of unobligated funds.
Sec. 73. Rescission of unobligated funds.
Sec. 74. Rescission of unobligated funds.
Sec. 75. Rescission of unobligated funds.
Sec. 76. Rescission of unobligated funds.
Sec. 77. Rescission of unobligated funds.
Sec. 78. Rescission of unobligated funds.
Sec. 79. Rescission of unobligated funds.
Sec. 80. Rescission of unobligated funds.
Sec. 81. Rescission of unobligated funds.
TITLE II--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
Sec. 251. Rescission of certain balances made available to the Internal
Revenue Service.
TITLE III--STATUTORY ADMINISTRATIVE PAY-AS-YOU-GO
Sec. 261. Short title.
Sec. 262. Definitions.
Sec. 263. Requirements for administrative actions that affect direct
spending.
Sec. 264. Issuance of administrative guidance.
Sec. 265. Waiver.
Sec. 266. Exemption.
Sec. 267. Judicial review.
Sec. 268. Sunset.
Sec. 269. GAO report.
Sec. 270. Congressional Review Act compliance assessment.
TITLE IV--TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL STUDENT
LOANS; RESUMPTION OF ACCRUAL OF INTEREST AND COLLECTIONS
Sec. 271. Termination of suspension of payments on Federal student
loans; resumption of accrual of interest and collections.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
Sec. 301. Recalibration of the caseload reduction credit.
Sec. 302. Pilot projects for promoting accountability by measuring work
outcomes.
Sec. 303. Elimination of small checks scheme.
Sec. 304. Reporting of work outcomes.
Sec. 305. Effective date.
TITLE II--SNAP EXEMPTIONS
Sec. 311. Modification of work requirement exemptions.
Sec. 312. Modification of general exemptions.
Sec. 313. Supplemental nutrition assistance program under the Food and
Nutrition Act of 2008.
Sec. 314. Waiver transparency.
TITLE III--PERMITTING REFORM
Sec. 321. Builder Act.
Sec. 322. Interregional Transfer Capability Determination Study.
Sec. 323. Permitting streamlining for energy storage.
Sec. 324. Expediting completion of the Mountain Valley Pipeline.
DIVISION D--INCREASE IN DEBT LIMIT
Sec. 401. Temporary extension of public debt limit.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--LIMIT FEDERAL SPENDING
TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY
SEC. 101. DISCRETIONARY SPENDING LIMITS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended--
(1) in paragraph (7)(B), by striking ``and'' at the end; and
(2) by inserting after paragraph (8) the following:
``(9) for fiscal year 2024--
``(A) for the revised security category, $886,349,000,000
in new budget authority; and
``(B) for the revised nonsecurity category;
$703,651,000,000 in new budget authority; and
``(10) for fiscal year 2025--
``(A) for the revised security category, $895,212,000,000
in new budget authority; and
``(B) for the revised nonsecurity category;
$710,688,000,000 in new budget authority;''.
(b) Conforming Amendments to Adjustments.--
(1) Continuing disability reviews and rederminations.--Section
251(b)(2)(B)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended--
(A) in subclause (IX), by striking ``and'' at the end;
(B) in subclause (X), by striking the period and inserting
a semicolon; and
(C) by inserting after subclause (X) the following:
``(XI) for fiscal year 2024, $1,578,000,000 in
additional new budget authority; and
``(XII) for fiscal year 2025, $1,630,000,000 in
additional new budget authority.''.
(2) Health care fraud and abuse control.--Section
251(b)(2)(C)(i) of such Act is amended--
(A) in subclause (IX), by striking ``and'' at the end;
(B) in subclause (X), by striking the period and inserting
a semicolon; and
(C) by inserting after subclause (X) the following:
``(XI) for fiscal year 2024, $604,000,000 in additional
new budget authority; and
``(XII) for fiscal year 2025, $630,000,000 in
additional new budget authority.''.
(3) Disaster funding.--Section 251(b)(2)(D)(i) of such Act is
amended--
(A) in the matter preceding subclause (I), by striking
``for fiscal years 2012 through 2021'' and inserting ``for
fiscal years 2024 and 2025''; and
(B) by amending subclause (II) to read as follows:
``(II) notwithstanding clause (iv), five percent of
the total appropriations provided in the previous 10
years, net of any rescissions of budget authority
enacted in the same period, with respect to amounts
provided for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and designated
by the Congress in statute as an emergency; and''.
(4) Reemployment services and eligibility assessments.--Section
251(b)(2)(E)(i) of such Act is amended--
(A) in subclause (III), by striking ``and'' at the end;
(B) in subclause (IV), by striking the period and inserting
a semicolon; and
(C) by inserting after subclause (IV) the following:
``(V) for fiscal year 2024, $265,000,000 in
additional new budget authority; and
``(VI) for fiscal year 2025, $271,000,000 in
additional new budget authority.''.
(c) Conforming Amendments Relating to Sequestration Reports.--
Section 254 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 904) is amended--
(1) in subsection (c)(2), by striking ``2021'' and inserting
``2025''; and
(2) in subsection (f)(2)(A), by striking ``2021'' and inserting
``2025''.
(d) Appropriation for Cost of War Toxic Exposures Fund.--In
addition to amounts otherwise available for such purposes, there are
appropriated, out of any money in the Treasury not otherwise
appropriated, for investment in the delivery of veterans' health care
associated with exposure to environmental hazards, the expenses
incident to the delivery of veterans' health care and benefits
associated with exposure to environmental hazards, and medical and
other research relating to exposure to environmental hazards, as
authorized by section 324 of title 38, United States Code--
(1) $20,268,000,000, which shall become available on October 1,
2023, and shall remain available until September 30, 2028; and
(2) $24,455,000,000, which shall become available on October 1,
2024, and shall remain available until September 30, 2029.
(e) Appropriation for Department of Commerce Nonrecurring Expenses
Fund.--
(1) In general.--In addition to amounts otherwise available,
there is appropriated to the Department of Commerce Nonrecurring
Expenses Fund for fiscal year 2023, out of any money in the
Treasury not otherwise appropriated, $22,000,000,000, to remain
available until expended, of which--
(A) $11,000,000,000 is to carry out programs related to
Government efficiencies in fiscal year 2024; and
(B) $11,000,000,000 is to carry out programs related to
Government efficiencies in fiscal year 2025.
(2) Limitation on transfer.--Funds provided by paragraph (1)
shall not be subject to any transfer authority provided by law.
(3) Report requirements.--Reporting requirements in section
111(a) of division B of Public Law 116-93 shall apply to funds
provided by paragraph (1).
(4) Statutory paygo scorecards.--The budgetary effects of this
subsection shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay As-You-Go
Act of 2010.
(5) Senate paygo scorecards.--The budgetary effects of this
subsection and each succeeding division shall not be entered on any
PAYGO scorecard maintained for purposes of section 4106 of H. Con.
Res. 71 (115th Congress).
(6) Classification of budgetary effects.--Notwithstanding Rule
3 of the Budget Scorekeeping Guidelines set forth in the joint
explanatory statement of the committee of conference accompanying
Conference Report 105-217 and section 250(c)(7) and (c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this subsection shall be estimated for
purposes of section 251 of such Act and as appropriations for
discretionary accounts for purposes of the allocation to the
Committee on Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974 and the concurrent resolution on
the budget.
(f) Additional Spending Limits.--For purposes of section 302(a)(5)
of the Congressional Budget and Impoundment Control Act of 1974, in the
following applicable fiscal years, the following discretionary spending
limits shall apply:
(1) Fiscal year 2026, $1,621,959,000,000.
(2) Fiscal year 2027, $1,638,179,000,000.
(3) Fiscal year 2028, $1,654,560,000,000.
(4) Fiscal year 2029, $1,671,106,000,000.
SEC. 102. SPECIAL ADJUSTMENTS FOR FISCAL YEARS 2024 AND 2025.
Section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by adding at the end the following:
``(d) Revised Discretionary Spending Limits for Fiscal Year 2024.--
``(1) In general.--Subject to paragraph (3), if on or after
January 1, 2024, there is in effect an Act making continuing
appropriations for part of fiscal year 2024 for any discretionary
budget account, the discretionary spending limits specified in
subsection (c)(9) for fiscal year 2024 shall be adjusted in the
final sequestration report, in accordance with paragraph (2), as
follows:
``(A) For the revised security category, the amount that is
equal to the total budget authority for such category for base
funding, as published in the Congressional Budget Office cost
estimate for the applicable appropriations Acts for the
preceding fiscal year (table 1-S of H.R. 2617, published on
December 21, 2022), reduced by one percent.
``(B) For the revised non-security category, the amount
that is equal to the total budget authority for such category
for base funding as published in the Congressional Budget
Office cost estimate for the applicable appropriations Acts for
the preceding fiscal year (table 1-S of H.R. 2617, published on
December 21, 2022), reduced by one percent.
``(2) Final report; sequestration order.--If the conditions
specified in paragraph (1) are met during fiscal year 2024, the
final sequestration report for such fiscal year pursuant to section
254(f)(1) and any order pursuant to section 254(f)(5) shall be
issued on the earlier of--
``(A) 10 days, not including weekends and holidays, for the
Congressional Budget Office and 15 days, not including weekends
and holidays, for the Office of Management and Budget and the
President, after the enactment into law of annual full-year
appropriations for all budget accounts that normally receive
such annual appropriations (or the enactment of the applicable
full-year appropriations Acts without any provision for such
accounts); or
``(B) April 30, 2024.
``(3) Reversal.--If, after January 1, 2024, there are enacted
into law each of the full year discretionary appropriation Acts,
then the adjustment to the applicable discretionary spending limits
in paragraph (1) shall have no force or effect, and the
discretionary spending limits for the revised security category and
revised nonsecurity category for the applicable fiscal year shall
be such limits as in effect on December 31 of the applicable fiscal
year.
``(e) Revised Discretionary Spending Limits for Fiscal Year 2025.--
``(1) In general.--Subject to paragraph (3), if on or after
January 1, 2025, there is in effect an Act making continuing
appropriations for part of fiscal year 2025 for any discretionary
budget account, the discretionary spending limits specified in
subsection (c)(10) for fiscal year 2025 shall be adjusted in the
final sequestration report, in accordance with paragraph (2), as
follows:
``(A) for the revised security category, the amount
calculated for such category in section (d)(1)(A); and
``(B) for the revised non-security category, the amount
calculated for each category in section (d)(1)(B).
``(2) Final report; sequestration order.--If the conditions
specified in paragraph (1) are met during fiscal year 2025, the
final sequestration report for such fiscal year pursuant to section
254(f)(1) and any order pursuant to section 254(f)(5) shall be
issued on the earlier of--
``(A) 10 days, not including weekends and holidays, for the
Congressional Budget Office, and 15 days, not including
weekends and holidays, for the Office of Management and Budget
and the President, after the enactment into law of annual full-
year appropriations for all budget accounts that normally
receive such annual appropriations (or the enactment of the
applicable full-year appropriations Acts without any provision
for such accounts); or
``(B) April 30, 2025.
``(3) Reversal.--If, after January 1, 2025, there are enacted
into law each of the full year discretionary appropriation Acts,
then the adjustment to the applicable discretionary spending limits
in paragraph (1) shall have no force or effect, and the
discretionary spending limits for the revised security category and
revised nonsecurity category for the applicable fiscal year shall
be such limits as in effect on December 31 of the applicable fiscal
year.''.
SEC. 103. BUDGETARY TREATMENT OF PREVIOUSLY ENACTED EMERGENCY
REQUIREMENTS.
(a) In General.--Notwithstanding section 905(c) of division J of
Public Law 117-58 and section 23005(c) of division B of Public Law 117-
159, Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying
Conference Report 105-217, and sections 250(c)(7) and (c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects for any fiscal year for the amounts specified in
subsection (b) shall not count for purposes of section 251 of such Act.
(b) Amounts.--The amounts specified in this subsection are--
(1) amounts designated by the Congress as being for an
emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, in division B of the
Bipartisan Safer Communities Act (Public Law 117-159);
(2) amounts designated by the Congress as an emergency
requirement pursuant to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58); and
(3) amounts designated by the Congress as being for an
emergency requirement pursuant to section 4001(a)(1) and section
4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of
H. Res. 1151 (117th Congress) in section 443(b) in division G of
the Consolidated Appropriations Act, 2023 (Public Law 117-328).
TITLE II--BUDGET ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES
SEC. 111. AUTHORITY FOR FISCAL YEAR 2024 BUDGET RESOLUTION IN THE
HOUSE OF REPRESENTATIVES.
(a) Fiscal Year 2024.--For the purpose of enforcing the
Congressional Budget Act of 1974 for fiscal year 2024, the allocations,
aggregates, and levels provided for in subsection (b) shall apply in
the House of Representatives in the same manner as for a concurrent
resolution on the budget for fiscal year 2024 with appropriate
budgetary levels for fiscal year 2024 and for fiscal years 2025 through
2033.
(b) Committee Allocations, Aggregates, and Levels.--In the House of
Representatives, the Chair of the Committee on the Budget shall submit
a statement for publication in the Congressional Record as soon as
practicable containing--
(1) for the Committee on Appropriations, committee allocations
for fiscal year 2024 consistent with discretionary spending limits
set forth in section 251(c)(9) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as added by this Act, and the outlays
flowing therefrom, and committee allocations for fiscal year 2024
for current law mandatory budget authority and outlays, for the
purpose of enforcing section 302 of the Congressional Budget Act of
1974;
(2) for all committees of the House of Representatives other
than the Committee on Appropriations, committee allocations for
fiscal year 2024 and for the period of fiscal years 2025 through
2033 consistent with the most recent baseline of the Congressional
Budget Office, as adjusted, to the extent practicable, for the
budgetary effects of any provision of law enacted during the period
beginning on the date such baseline is issued and ending on the
date of submission of such statement, for the purpose of enforcing
section 302 of the Congressional Budget Act of 1974;
(3) aggregate spending levels for fiscal year 2024 in
accordance with the allocations established under paragraphs (1)
and (2), for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974; and
(4) aggregate revenue levels for fiscal year 2024 and for the
period of fiscal years 2025 through 2033 consistent with the most
recent baseline of the Congressional Budget Office, as adjusted, to
the extent practicable, for the budgetary effects of any provision
of law enacted during the period beginning on the date such
baseline is issued and ending on the date of submission of such
statement, for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974.
(c) Adjustments.--The Chair of the Committee on the Budget of the
House of Representatives may adjust the allocations, aggregates, and
other budgetary levels included in the statement referred to in
subsection (b)--
(1) to reflect changes resulting from the Congressional Budget
Office's updates to its baseline for fiscal years 2024 through
2033; or
(2) for any bill, joint resolution, amendment, or conference
report by the amounts provided in such measure if such measure
would not increase the deficit for either of the following time
periods: fiscal year 2024 to fiscal year 2028 or fiscal year 2024
to fiscal year 2033.
(d) Expiration.--Subsections (a) through (c) shall no longer apply
if a concurrent resolution on the budget for fiscal year 2024 is agreed
to by the Senate and House of Representatives.
SEC. 112. LIMITATION ON ADVANCE APPROPRIATIONS IN THE HOUSE OF
REPRESENTATIVES.
(a) In General.--In the House of Representatives, except as
provided in subsection (b), any general appropriation bill or bill or
joint resolution continuing appropriations, or amendment thereto or
conference report thereon, may not provide an advance appropriation.
(b) Exceptions.--An advance appropriation may be provided for
programs, activities or accounts identified in lists submitted for
printing in the Congressional Record by the Chair of the Committee on
the Budget--
(1) for fiscal year 2025, under the heading ``accounts
identified for advance appropriations'' in an aggregate amount not
to exceed $28,852,000,000 in new budget authority;
(2) for fiscal year 2025, under the heading ``veterans accounts
identified for advance appropriations''; and
(3) for fiscal year 2025, under the heading ``indian health
accounts identified for advance appropriations'' in an aggregate
amount not to exceed the total budget authority provided for such
accounts for fiscal year 2024 in bills or joint resolutions making
appropriations for fiscal year 2024.
(c) Definition.--The term ``advance appropriation'' means any new
discretionary budget authority provided in a general appropriation bill
or bill or joint resolution continuing appropriations for fiscal year
2024, or any amendment thereto or conference report thereon, that first
becomes available following fiscal year 2024.
(d) Expiration.--The preceding subsections of this section shall
expire if a concurrent resolution on the budget for fiscal year 2024 is
agreed to by the Senate and the House of Representatives pursuant to
section 301 of the Congressional Budget Act of 1974.
SEC. 113. EXERCISE OF RULEMAKING POWERS.
This title is enacted by the House of Representatives--
(1) as an exercise of the rulemaking power of the House, and as
such shall be considered as part of the rules of the House, and
such rules shall supersede other rules only to the extent that it
is inconsistent therewith; and
(2) with full recognition of the constitutional right of the
House to change such rules (so far as relating to the House) at any
time, in the same manner, and to the same extent as in the case of
any other rule of the House.
TITLE III--BUDGET ENFORCEMENT IN THE SENATE
SEC. 121. AUTHORITY FOR FISCAL YEAR 2024 BUDGET RESOLUTION IN THE
SENATE.
(a) Fiscal Year 2024.--For the purpose of enforcing the
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) and enforcing
budgetary points of order in prior concurrent resolutions on the
budget, the allocations, aggregates, and levels provided for in
subsection (b) shall apply in the Senate in the same manner as for a
concurrent resolution on the budget for fiscal year 2024 with
appropriate budgetary levels for fiscal year 2024 and for fiscal years
2025 through 2033.
(b) Committee Allocations, Aggregates, and Levels.--The Chairman of
the Committee on the Budget of the Senate shall submit a statement for
publication in the Congressional Record as soon as practicable after
the date of enactment of this Act that includes--
(1) for the Committee on Appropriations of the Senate,
committee allocations for fiscal year 2024 consistent with the
discretionary spending limits set forth in section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended by this Act, and the outlays flowing therefrom, for the
purpose of enforcing section 302 of the Congressional Budget Act of
1974;
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years 2024, 2024
through 2028, and 2024 through 2033, consistent with the May 2023
baseline of the Congressional Budget Office, as adjusted for the
budgetary effects of any provision of law enacted during the period
beginning on the date such baseline was issued and ending on the
date of submission of such statement, for the purpose of enforcing
section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);
(3) aggregate spending levels for fiscal year 2024 in
accordance with the allocations established under paragraphs (1)
and (2), for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974 (2 U.S.C. 642);
(4) aggregate revenue levels for fiscal years 2024, 2024
through 2028, and 2024 through 2033, consistent with the May 2023
baseline of the Congressional Budget Office, as adjusted for the
budgetary effects of any provision of law enacted during the period
beginning on the date such baseline was issued and ending on the
date of submission of such statement, for the purpose of enforcing
section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);
(5) levels of Social Security revenues and outlays for fiscal
years 2024, 2024 through 2028, and 2024 through 2033, consistent
with the May 2023 baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law enacted
during the period beginning on the date such baseline was issued
and ending on the date of submission of such statement, for the
purpose of enforcing sections 302 and 311 of the Congressional
Budget Act of 1974 (2 U.S.C. 633, 642); and
(6) a statement under the heading ``Accounts Identified for
Advance Appropriations'' for the purpose of enforcing section 123
of this title.
(c) Additional Matter.--The statement referred to in subsection (b)
may also include for fiscal year 2024 the deficit-neutral reserve fund
in section 3003 of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, updated by 2 fiscal
years.
(d) Expiration.--This section shall expire if a concurrent
resolution on the budget for fiscal year 2024 is agreed to by the
Senate and the House of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974 (2 U.S.C. 632).
SEC. 122. AUTHORITY FOR FISCAL YEAR 2025 BUDGET RESOLUTION IN THE
SENATE.
(a) Fiscal Year 2025.--For the purpose of enforcing the
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), after April
15, 2024, and enforcing budgetary points of order in prior concurrent
resolutions on the budget, the allocations, aggregates, and levels
provided for in subsection (b) shall apply in the Senate in the same
manner as for a concurrent resolution on the budget for fiscal year
2025 with appropriate budgetary levels for fiscal year 2025 and for
fiscal years 2026 through 2034.
(b) Committee Allocations, Aggregates, and Levels.--After April 15,
2024, but not later than May 15, 2024, the Chairman of the Committee on
the Budget of the Senate shall submit a statement for publication in
the Congressional Record that includes--
(1) for the Committee on Appropriations of the Senate,
committee allocations for fiscal year 2025 consistent with the
discretionary spending limits set forth in section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended by this Act, and the outlays flowing therefrom, for the
purpose of enforcing section 302 of the Congressional Budget Act of
1974 (2 U.S.C. 633);
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years 2025, 2025
through 2029, and 2025 through 2034 consistent with the most recent
baseline of the Congressional Budget Office, as adjusted for the
budgetary effects of any provision of law enacted during the period
beginning on the date such baseline is issued and ending on the
date of submission of such statement, for the purpose of enforcing
section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);
(3) aggregate spending levels for fiscal year 2025 in
accordance with the allocations established under paragraphs (1)
and (2), for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974 (2 U.S.C. 642);
(4) aggregate revenue levels for fiscal years 2025, 2025
through 2029, and 2025 through 2034 consistent with the most recent
baseline of the Congressional Budget Office, as adjusted for the
budgetary effects of any provision of law enacted during the period
beginning on the date such baseline is issued and ending on the
date of submission of such statement, for the purpose of enforcing
section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);
(5) levels of Social Security revenues and outlays for fiscal
years 2025, 2025 through 2029, and 2025 through 2034 consistent
with the most recent baseline of the Congressional Budget Office,
as adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline is
issued and ending on the date of submission of such statement, for
the purpose of enforcing sections 302 and 311 of the Congressional
Budget Act of 1974 (2 U.S.C. 633, 642); and
(6) a statement under the heading ``Accounts Identified for
Advance Appropriations'' for the purpose of enforcing section 123
of this title.
(c) Additional Matter.--The statement referred to in subsection (b)
may also include for fiscal year 2025 the deficit-neutral reserve fund
in section 3003 of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, updated by 3 fiscal
years.
(d) Expiration.--This section shall expire if a concurrent
resolution on the budget for fiscal year 2025 is agreed to by the
Senate and the House of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974 (2 U.S.C. 632).
SEC. 123. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE.
(a) Point of Order Against Advance Appropriations in the Senate.--
(1) In general.--
(A) Point of order.--Except as provided in paragraph (2),
it shall not be in order in the Senate to consider any bill,
joint resolution, motion, amendment, amendment between the
Houses, or conference report that would provide an advance
appropriation for a discretionary account.
(B) Definition.--In this subsection, the term ``advance
appropriation'' means any new budget authority provided in a
bill or joint resolution making appropriations for fiscal year
2024 that first becomes available for any fiscal year after
2024 or any new budget authority provided in a bill or joint
resolution making appropriations for fiscal year 2025 that
first becomes available for any fiscal year after 2025.
(2) Exceptions.--Advance appropriations may be provided--
(A) for fiscal years 2025 and 2026, for programs, projects,
activities, or accounts identified in a statement submitted to
the Congressional Record by the Chairman of the Committee on
the Budget of the Senate under the heading ``Accounts
Identified for Advance Appropriations'' in an aggregate amount
not to exceed $28,852,000,000 in new budget authority in each
fiscal year;
(B) for the Corporation for Public Broadcasting;
(C) for the Department of Veterans Affairs for the Medical
Services, Medical Support and Compliance, Veterans Medical
Community Care, and Medical Facilities accounts of the Veterans
Health Administration; and
(D) for the Department of Health and Human Services for the
Indian Health Services and Indian Health Facilities accounts--
(i) for fiscal year 2025, in an amount that is not more
than the amount provided for fiscal year 2024 in a bill or
joint resolution making appropriations for fiscal year 2023
or 2024 for programs, projects, and activities that are not
prohibited from using amounts provided for fiscal year 2024
in a bill or joint resolution making appropriations for
fiscal year 2023; and
(ii) for fiscal year 2026, in an amount that is not
more than the amount provided for fiscal year 2025 in a
bill or joint resolution making appropriations for fiscal
year 2024 or 2025 for programs, projects, and activities
that are not prohibited from using amounts provided for
fiscal year 2025 in a bill or joint resolution making
appropriations for fiscal year 2024.
(3) Supermajority waiver and appeal.--
(A) Waiver.--In the Senate, paragraph (1) may be waived or
suspended only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(B) Appeal.--An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be required
to sustain an appeal of the ruling of the Chair on a point of
order raised under paragraph (1).
(4) Form of point of order.--A point of order under paragraph
(1) may be raised by a Senator as provided in section 313(e) of the
Congressional Budget Act of 1974 (2 U.S.C. 644(e)).
(5) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill or joint resolution, upon a point of order
being made by any Senator pursuant to this subsection, and such
point of order being sustained, such material contained in such
conference report or amendment between the Houses shall be
stricken, and the Senate shall proceed to consider the question of
whether the Senate shall recede from its amendment and concur with
a further amendment, or concur in the House amendment with a
further amendment, as the case may be, which further amendment
shall consist of only that portion of the conference report or
House amendment, as the case may be, not so stricken. Any such
motion in the Senate shall be debatable. In any case in which such
point of order is sustained against a conference report (or Senate
amendment derived from such conference report by operation of this
paragraph), no further amendment shall be in order.
(b) Expiration.--Subsection (a) shall terminate on the date on
which a concurrent resolution on the budget for fiscal year 2024 or for
fiscal year 2025 is agreed to by the Senate and House of
Representatives pursuant to section 301 of the Congressional Budget Act
of 1974 (2 U.S.C. 632).
SEC. 124. EXERCISE OF RULEMAKING POWERS.
This title is enacted by the Senate--
(1) as an exercise of the rulemaking power of the Senate, and
as such shall be considered as part of the rules of the Senate, and
such rules shall supersede other rules only to the extent that it
is inconsistent therewith; and
(2) with full recognition of the constitutional right of the
Senate to change such rules (so far as relating to the Senate) at
any time, in the same manner, and to the same extent as in the case
of any other rule of the Senate.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED FUNDS
Sec. 1. Each rescission made by this title shall be applied to the
unobligated balances for each applicable appropriation as of the date
of enactment of this title.
Sec. 2. The unobligated balances from the following
appropriations, in the following amounts and subject to the conditions
specified below, are hereby permanently rescinded:
(1) All of the unobligated balances of funds made available
under the heading ``Public Health and Social Services Emergency
Fund'' in title III of division A of Public Law 116-123, including
any funds transferred from such heading that remain unobligated,
with the exception of $59,000,000.
(2) All of the unobligated balances of funds made available
under the heading ``Public Health and Social Services Emergency
Fund'' in title V of division A of Public Law 116-127, including
any funds transferred from such heading that remain unobligated.
(3) All of the unobligated balances of funds made available
under the heading ``Public Health and Social Services Emergency
Fund'' in title VIII of division B of Public Law 116-136, including
any funds transferred from such heading that remain unobligated,
with the exception of $2,127,000,000 and--
(A) any funds that were transferred and merged with the
Covered Countermeasure Process Fund authorized by section 319F-
4 of the Public Health Service Act; and
(B) any funds that were transferred and merged with funds
made available under the heading ``Office of the Secretary--
Office of Inspector General'' pursuant to section 18113 of
title VIII of division B of Public Law 116-136.
(4) All of the unobligated balances of funds made available in
the first paragraph under the heading ``Public Health and Social
Services Emergency Fund'' in title I of division B of Public Law
116-139, including any funds transferred from such heading that
remain unobligated, with the exception of $300,000,000, which shall
remain available for necessary expenses for program administration
and oversight.
(5) All of the unobligated balances of funds made available in
the second paragraph under the heading ``Public Health and Social
Services Emergency Fund'' in title I of division B of Public Law
116-139, including any funds transferred from such heading that
remain unobligated, with the exception of $243,000,000 and any
funds that were transferred and merged with funds made available
under the heading ``Office of the Secretary--Office of Inspector
General'' pursuant to section 103 of title I of division B of
Public Law 116-139.
(6) All of the unobligated balances of funds made available
under the heading ``Public Health and Social Services Emergency
Fund'' in title III of division M of Public Law 116-260, including
any funds transferred from such heading that remain unobligated,
with the exception of $205,000,000.
(7) All of the unobligated balances of funds made available
under the heading ``Centers for Disease Control and Prevention--
CDC-Wide Activities and Program Support'' in title III of division
A of Public Law 116-123, including any funds transferred from such
heading that remain unobligated, with the exception of $195,000,000
and any funds that were transferred and merged with the Infectious
Diseases Rapid Response Reserve Fund established by section 231 of
division B of Public Law 115-245.
(8) All of the unobligated balances of funds made available
under the heading ``Centers for Disease Control and Prevention--
CDC-Wide Activities and Program Support'' in title VIII of division
B of Public Law 116-136, including any funds transferred from such
heading that remain unobligated, with the exception of $446,000,000
and any funds that were transferred and merged with the Infectious
Diseases Rapid Response Reserve Fund established by section 231 of
division B of Public Law 115-245.
(9) All of the unobligated balances of funds made available
under the heading ``Centers for Disease Control and Prevention--
CDC-Wide Activities and Program Support'' in title III of division
M of Public Law 116-260, including any funds transferred from such
heading that remain unobligated, with the exception of
$177,000,000.
(10) All of the unobligated balances of funds made available
under the heading ``National Institutes of Health--National
Institute of Allergy and Infectious Diseases'' in title III of
division A of Public Law 116-123, including any funds transferred
from such heading that remain unobligated.
(11) All of the unobligated balances of funds made available to
``Centers for Medicare & Medicaid Services--Program Management'' in
title VIII of division B of Public Law 116-136.
(12) All of the unobligated balances of funds made available by
section 2301 of Public Law 117-2, with the exception of
$103,000,000.
(13) All of the unobligated balances of funds made available by
section 2302 of Public Law 117-2.
(14) All of the unobligated balances of funds made available by
section 2303 of Public Law 117-2, with the exception of
$69,000,000.
(15) All of the unobligated balances of funds made available by
section 2401 of Public Law 117-2, with the exception of
$7,323,000,000.
(16) All of the unobligated balances of funds made available by
section 2402 of Public Law 117-2, with the exception of
$714,000,000.
(17) All of the unobligated balances of funds made available by
section 2403 of Public Law 117-2.
(18) All of the unobligated balances of funds made available by
section 2501 of Public Law 117-2.
(19) All of the unobligated balances of funds made available by
section 2502 of Public Law 117-2.
(20) All of the unobligated balances of funds made available by
section 2601 of Public Law 117-2.
(21) All of the unobligated balances of funds made available by
section 2602 of Public Law 117-2.
(22) All of the unobligated balances of funds made available by
section 2603 of Public Law 117-2.
(23) All of the unobligated balances of funds made available by
section 2604 of Public Law 117-2.
(24) All of the unobligated balances of funds made available by
section 2605 of Public Law 117-2.
(25) All of the unobligated balances of funds made available by
section 2703 of Public Law 117-2.
(26) All of the unobligated balances of funds made available by
section 2704 of Public Law 117-2.
(27) All of the unobligated balances of funds made available by
section 2705 of Public Law 117-2.
(28) All of the unobligated balances of funds made available by
section 2711 of Public Law 117-2.
(29) All of the unobligated balances of funds made available by
section 2712 of Public Law 117-2.
(30) All of the unobligated balances of funds made available by
section 2801 of Public Law 117-2.
(31) All of the unobligated balances of funds made available by
section 3101 of Public Law 117-2, with the exception of
$793,000,000.
(32) All of the unobligated balances of funds made available by
section 511A(a) of the Social Security Act, as added by section
9101 of Public Law 117-2.
(33) All of the unobligated balances of funds made available by
section 1150C(a) of the Social Security Act, as added by section
9911 of Public Law 117-2.
(34) All of the unobligated balances of funds made available by
section 1947(e) of the Social Security Act, as added by section
9813 of Public Law 117-2.
(35) All of the unobligated balances of funds made available by
section 1862(g)(2) of the Social Security Act, as added by section
9401 of Public Law 117-2.
Sec. 3. The unobligated balances of amounts made available under
the heading ``Agricultural Programs--Office of the Secretary'' in title
I of division B of Public Law 116-136 are hereby permanently rescinded.
Sec. 4. The unobligated balances of amounts made available by
section 751 in title VII of division N of Public Law 116-260 are hereby
permanently rescinded, except for funds made available by section 601
of division HH of Public Law 117-328.
Sec. 5. The unobligated balances of amounts made available by
section 753 in title VII of division N of Public Law 116-260 are hereby
permanently rescinded.
Sec. 6. The unobligated balances of amounts made available by
section 754 in title VII of division N of Public Law 116-260 are hereby
permanently rescinded.
Sec. 7. The unobligated balances of amounts made available by
section 762(i) in title VII of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 8. The unobligated balances of amounts made available by
section 764(f) in title VII of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 9. The unobligated balances of amounts made available by
section 1001 of Public Law 117-2 are hereby permanently rescinded.
Sec. 10. Of the unobligated balances of amounts made available by
section 4027 of title IV of division A of Public Law 116-136,
$200,000,000 are hereby permanently rescinded.
Sec. 11. Of the unobligated balances of amounts made available by
section 4120 of title IV of division A of Public Law 116-136,
$295,000,000 are hereby permanently rescinded.
Sec. 12. The unobligated balances of amounts made available by
section 7301(c) of Public Law 117-2 are hereby permanently rescinded.
Sec. 13. The unobligated balances of amounts made available by
section 104A(m) of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4701 et seq.), as added by section
522 of title V of division N of Public Law 116-260 are hereby
permanently rescinded, with the exception of $284,500,000, which shall
remain available for necessary expenses associated with the making of
awards announced prior to the enactment of this Act.
Sec. 14. Of the unobligated balances of amounts made available by
section 3301(a)(2)(A) of Public Law 117-2, $150,000,000 are hereby
permanently rescinded.
Sec. 15. The unobligated balances of amounts made available by
section 411 in subtitle A of title IV of division N of Public Law 116-
260 are hereby permanently rescinded.
Sec. 16. The unobligated balances of amounts made available by
subsection (a) of section 2206 of Public Law 117-2 are hereby
permanently rescinded, with the exception of amounts allocated under
paragraphs (6) and (7) of subsection (b) of such section.
Sec. 17. The unobligated balances of amounts made available by
section 2001 of Public Law 117-2 are hereby permanently rescinded.
Sec. 18. The unobligated balances of amounts made available by
section 2002 of Public Law 117-2 are hereby permanently rescinded.
Sec. 19. The unobligated balances of amounts made available by
section 2003 of Public Law 117-2 are hereby permanently rescinded.
Sec. 20. The unobligated balances of amounts made available under
the heading ``Federal Highway Administration--Highway Infrastructure
Programs'' in title IV of division M of Public Law 116-260 are hereby
permanently rescinded.
Sec. 21. The unobligated balances of amounts made available by
section 7202(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 22. The unobligated balances of amounts made available by
sections 5002(b) and 5006(a)(2) of Public Law 117-2, including any
amounts transferred and merged with ``Small Business Administration--
Disaster Loans Program Account'' pursuant to section 90007(b)(2)(A) of
Public Law 117-58 that remain unobligated, are hereby permanently
rescinded.
Sec. 23. The unobligated balances of amounts made available under
the heading ``Independent Agencies--Small Business Administration--
Disaster Loans Program Account'' in title II of division B of Public
Law 116-139 are hereby permanently rescinded.
Sec. 24. Of the unobligated balances of amounts made available by
section 2118(a) of title II of division A of Public Law 116-136, as
added by section 9032 of Public Law 117-2, $1,000,000,000 are hereby
permanently rescinded.
Sec. 25. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Public and
Indian Housing--Tenant-Based Rental Assistance'' in title XII of
division B of Public Law 116-136 are hereby permanently rescinded.
Sec. 26. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Public and
Indian Housing--Native American Programs'' in title XII of division B
of Public Law 116-136 are hereby permanently rescinded.
Sec. 27. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Housing
Programs--Housing for Persons with Disabilities'' in title XII of
division B of Public Law 116-136 are hereby permanently rescinded.
Sec. 28. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Housing
Programs--Project-Based Rental Assistance'' in title XII of division B
of Public Law 116-136 are hereby permanently rescinded.
Sec. 29. The unobligated balances of amounts made available under
the heading ``Department of Housing and Urban Development--Housing
Programs--Housing for the Elderly'' in title XII of division B of
Public Law 116-136 are hereby permanently rescinded.
Sec. 30. The unobligated balances of amounts made available by
section 3208(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 31. The unobligated balances of amounts made available under
the heading ``Department of Transportation--Office of the Secretary--
Salaries and Expenses'' in title XII of division B of Public Law 116-
136 are hereby permanently rescinded.
Sec. 32. The unobligated balances of amounts made available under
the heading ``Department of Transportation--Office of the Secretary--
Essential Air Service'' in title XII of division B of Public Law 116-
136 are hereby permanently rescinded.
Sec. 33. The unobligated balances of amounts made available under
the heading ``Department of Transportation--Federal Aviation
Administration--Grants-In-Aid for Airports'' in title XII of division B
of Public Law 116-136 are hereby permanently rescinded.
Sec. 34. The unobligated balances of amounts made available by
section 7101 of Public Law 117-2 are hereby permanently rescinded.
Sec. 35. The unobligated balances of amounts made available by
section 7102(a)(1) of Public Law 117-2 are hereby permanently
rescinded.
Sec. 36. The unobligated balances of amounts made available by
section 501(a)(1) of title V of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 37. The unobligated balances of amounts made available by
section 9601(d)(1) of Public Law 117-2 are hereby permanently
rescinded.
Sec. 38. The unobligated balances of amounts made available by
section 4009 of Public Law 117-2 are hereby permanently rescinded.
Sec. 39. The unobligated balances of amounts made available under
the heading ``Department of Justice--General Administration--Justice
Information Sharing Technology'' in title II of division B of Public
Law 116-136 are hereby permanently rescinded.
Sec. 40. Of the unobligated balances of amounts made available
under the heading ``Department of Defense--Procurement--Defense
Production Act Purchases'' in title III of division B of Public Law
116-136, $61,381,230 are hereby permanently rescinded.
Sec. 41. The unobligated balances of amounts made available under
the heading ``Department of State--Administration of Foreign Affairs--
Diplomatic Programs'' in title XI of division B of Public Law 116-136
and subsequently transferred to the Department of State's ``Educational
and Cultural Exchange Programs'' account are hereby permanently
rescinded.
Sec. 42. The unobligated balances of amounts made available under
the heading ``Bilateral Economic Assistance--Department of State--
Migration and Refugee Assistance'' in title XI of division B of Public
Law 116-136 are hereby permanently rescinded.
Sec. 43. The unobligated balances of amounts made available under
the heading ``Bilateral Economic Assistance--Funds Appropriated to the
President--International Disaster Assistance'' in title XI of division
B of Public Law 116-136 are hereby permanently rescinded.
Sec. 44. The unobligated balances of amounts made available under
the heading ``Department of State--Administration of Foreign Affairs--
Sudan Claims'' in title IX of division K of Public Law 116-260 are
hereby permanently rescinded.
Sec. 45. The unobligated balances of amounts made available under
the heading ``Bilateral Economic Assistance--Funds Appropriated to the
President--Economic Support Fund'' in title IX of division K of Public
Law 116-260 are hereby permanently rescinded.
Sec. 46. The unobligated balances of amounts made available under
the heading ``Federal Communications Commission--Salaries and
Expenses'' in title V of division B of Public Law 116-136 are hereby
permanently rescinded.
Sec. 47. The unobligated balances of amounts made available under
the heading ``Independent Agencies--Small Business Administration--
Emergency EIDL Grants'' in title II of division B of Public Law 116-139
are hereby permanently rescinded.
Sec. 48. The unobligated balances of amounts made available by
section 323(d)(1)(B) of title III of division N of Public Law 116-260
are hereby permanently rescinded.
Sec. 49. The unobligated balances of amounts made available by
section 323(d)(1)(E)(i) of title III of division N of Public Law 116-
260 are hereby permanently rescinded.
Sec. 50. The unobligated balances of amounts made available by
section 902(c)(5) of title IX of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 51. The unobligated balances of amounts made available by
section 905(b) of title IX of division N of Public Law 116-260 are
hereby permanently rescinded.
Sec. 52. The unobligated balances of amounts made available by
section 5003(b)(2)(A) of Public Law 117-2 are hereby permanently
rescinded.
Sec. 53. The unobligated balances of amounts described in the
tenth proviso under the heading ``Administration for Children and
Families--Payments to States for the Child Care and Development Block
Grant'' in title III of division M of Public Law 116-260 are hereby
permanently rescinded.
Sec. 54. The unobligated balances of amounts made available by
section 2201(b) of Public Law 117-2 are hereby permanently rescinded.
Sec. 55. The unobligated balances of amounts made available by
section 2204(d)(1) of Public Law 117-2, including any amounts made
available by amendments made by such section, are hereby permanently
rescinded.
Sec. 56. The unobligated balances of amounts made available by
section 2205 of Public Law 117-2 are hereby permanently rescinded.
Sec. 57. The unobligated balances of amounts made available by
section 2912(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 58. The unobligated balances of amounts made available by
section 403(c) of the Social Security Act, as added by section 9201 of
Public Law 117-2 are hereby permanently rescinded.
Sec. 59. The unobligated balances of amounts made available by
section 816(f) of the Native American Programs Act of 1974 (42 U.S.C.
2992d(f)), as added by section 11004 of Public Law 117-2, are hereby
permanently rescinded.
Sec. 60. The unobligated balances of amounts made available under
the heading ``Rural Development Programs--Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'' in title I of
division B of Public Law 116-136 are hereby permanently rescinded.
Sec. 61. The unobligated balances of amounts made available by
section 752 of title VII of division N of Public Law 116-260 are hereby
permanently rescinded.
Sec. 62. The unobligated balances of amounts made available by
section 1002(c) of Public Law 117-2, are hereby permanently rescinded.
Sec. 63. The unobligated balances of amounts made available by
section 3207(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 64. The unobligated balances of amounts made available under
the heading ``Department of Energy--Energy Programs--Science'' in title
IV of division B of Public Law 116-136 are hereby permanently
rescinded.
Sec. 65. The unobligated balances of amounts made available by
section 6003 of Public Law 117-2 are hereby permanently rescinded.
Sec. 66. The unobligated balances of amounts made available by
section 11002(a) of Public Law 117-2 are hereby permanently rescinded.
Sec. 67. The unobligated balances of amounts made available under
the heading ``Department of Education--Departmental Management--Program
Administration'' in title III of division M of Public Law 116-260 are
hereby permanently rescinded.
Sec. 68. The unobligated balances of amounts made available by
section 2007 of Public Law 117-2 are hereby permanently rescinded.
Sec. 69. The unobligated balances of amounts made available by
section 2010 of Public Law 117-2 are hereby permanently rescinded.
Sec. 70. The unobligated balances of amounts made available by
section 2011 of Public Law 117-2 are hereby permanently rescinded.
Sec. 71. The unobligated balances of amounts made available by
section 11006 of Public Law 117-2 are hereby permanently rescinded.
Sec. 72. Of the unobligated balances of amounts made available by
section 6002(a) of Public Law 117-2, all but $22,000,000 are hereby
permanently rescinded.
Sec. 73. The unobligated balances of amounts made available by
section 2101(a) of Public Law 117-2 are hereby permanently rescinded,
with the exception of $1,892,718 for the Office of the Solicitor within
the Departmental Management account and amounts allocated for the
Office of Inspector General under paragraph (2) of subsection (b) of
such section.
Sec. 74. The unobligated balances of amounts made available by
section 2110(g) of Public Law 116-136, as amended, are hereby
permanently rescinded.
Sec. 75. The unobligated balances of amounts made available under
the heading ``General Services Administration--General Activities--
Federal Citizen Services Fund'' in title V of division B of Public Law
116-136 are hereby permanently rescinded.
Sec. 76. The unobligated balances of amounts made available by
section 2021 of Public Law 117-2 are hereby permanently rescinded.
Sec. 77. The unobligated balances of amounts made available by
section 2022 of Public Law 117-2 are hereby permanently rescinded.
Sec. 78. The unobligated balances of amounts made available by
section 2023 of Public Law 117-2 are hereby permanently rescinded.
Sec. 79. The unobligated balances of amounts made available by
section 2(c)(2)(D)(v) of the Railroad Unemployment Insurance Act (45
U.S.C. 352(c)(2)(D)(v)), as amended, are hereby permanently rescinded.
Sec. 80. The unobligated balances of amounts made available by
section 2904 of Public Law 117-2 are hereby permanently rescinded, with
the exception of $500,000 for the Railroad Retirement Board Office of
Inspector General.
Sec. 81. The unobligated balances of amounts made available by
section 7404(a) of Public Law 117-2 are hereby permanently rescinded.
TITLE II--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
SEC. 251. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO THE
INTERNAL REVENUE SERVICE.
Of the unobligated balances of amounts appropriated or otherwise
made available for activities of the Internal Revenue Service by
paragraphs (1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of
section 10301 of Public Law 117-169 (commonly known as the ``Inflation
Reduction Act of 2022'') as of the date of the enactment of this Act,
$1,389,525,000 are hereby rescinded.
TITLE III--STATUTORY ADMINISTRATIVE PAY-AS-YOU-GO
SEC. 261. SHORT TITLE.
This title may be cited as the ``Administrative Pay-As-You-Go Act
of 2023''.
SEC. 262. DEFINITIONS.
In this title--
(1) the term ``administrative action'' means a ``rule'' as
defined in section 804(3) of title 5, United States Code;
(2) the term ``agency'' means any authority of the United
States that is an ``agency'' under section 3502(1) of title 44,
United States Code, other than those considered to be independent
regulatory agencies, as defined in section 3502(5) of such title;
(3) the term ``covered discretionary administrative action''
means a discretionary administrative action that would affect
direct spending;
(4) the term ``direct spending'' has the meaning given that
term in section 250(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900(c));
(5) the term ``Director'' means the Director of the Office of
Management and Budget;
(6) the term ``discretionary administrative action''--
(A) means any administrative action that is not required by
law; and
(B) includes an administrative action required by law for
which an agency has discretion in the manner in which to
implement the administrative action; and
(7) the term ``increase direct spending'' means that the amount
of direct spending would increase relative to--
(A) the most recently submitted projection of the amount of
direct spending presented in baseline estimates as defined in
section 257 of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, under--
(i) the budget of the President submitted under section
1105 of title 31, United States Code; or
(ii) the supplemental summary of the budget submitted
under section 1106 of title 31, United States Code;
(B) with respect to a discretionary administrative action
that is incorporated into the applicable projection described
in subparagraph (A) and for which a proposal has not been
submitted under section 263(a)(2)(A), a projection of the
amount of direct spending if no administrative action were
taken; or
(C) with respect to a discretionary administrative action
described in paragraph (6)(B), a projection of the amount of
direct spending under the least costly implementation option
reasonably identifiable by the agency that meets the
requirements under the statute.
SEC. 263. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT AFFECT
DIRECT SPENDING.
(a) Discretionary Administrative Actions.--
(1) In general.--Before an agency may finalize any covered
discretionary administrative action, the head of the agency shall
submit to the Director for review written notice regarding the
covered discretionary administrative action, which shall include an
estimate of the budgetary effects of the covered discretionary
administrative action.
(2) Increasing direct spending.--
(A) In general.--If the covered discretionary
administrative action would increase direct spending, the
written notice submitted by the head of the agency under
paragraph (1) shall include a proposal to undertake 1 or more
other administrative actions that would provide a reduction in
direct spending greater than or equal to the increase in direct
spending attributable to the covered discretionary
administrative action.
(B) Review.--
(i) In general.--The Director shall determine whether
the reduction in direct spending in a proposal in a written
notice from an agency under subparagraph (A) is greater
than or equal to the increase in direct spending
attributable to the covered discretionary administrative
action to which the written notice relates.
(ii) No offset.--If the written notice regarding a
proposed covered discretionary administrative action that
would increase direct spending does not include a proposal
to offset the increased direct spending as determined in
clause (i), the Director shall return the written notice to
the agency for resubmission in accordance with this title.
(b) Nondiscretionary Actions.--If an agency determines that an
administrative action that would increase direct spending is required
by law and therefore is not a covered discretionary administrative
action, before the agency finalizes that administrative action, the
head of the agency shall--
(1) submit to the Director a written opinion by the general
counsel of the agency, or the equivalent employee of the agency,
explaining that legal conclusion;
(2) submit to the Director a projection of the amount of direct
spending under the least costly implementation option reasonably
identifiable by the agency that meets the requirements under the
statute; and
(3) consult with the Director regarding implementation of the
administrative action.
(c) Projections.--Any projection for purposes of this title shall
be conducted in accordance with Office of Management and Budget
Circular A-11, or any successor thereto.
SEC. 264. ISSUANCE OF ADMINISTRATIVE GUIDANCE.
Not later than 90 days after the date of enactment of this Act, the
Director shall issue instructions regarding the implementation of this
title, including how covered discretionary administrative actions that
increase direct spending and nontax receipts will be evaluated.
SEC. 265. WAIVER.
(a) In General.--The Director may waive the requirements of section
263 if the Director concludes that the waiver--
(1) is necessary for the delivery of essential services; or
(2) is necessary for effective program delivery.
(b) Publication.--Any waiver determination under subsection (a)
shall be published in the Federal Register.
SEC. 266. EXEMPTION.
This title shall not apply to administrative actions with direct
spending cost of less than--
(1) $1,000,000,000 over the 10-year period beginning with the
current year; or
(2) $100,000,000 in any given year during such 10-year period.
SEC. 267. JUDICIAL REVIEW.
No determination, finding, action, or omission under this title
shall be subject to judicial review.
SEC. 268. SUNSET.
This title shall expire on December 31, 2024.
SEC. 269. GAO REPORT.
Within 180 days of the date of enactment of this Act, the
Comptroller General shall issue a report on the implementation of this
title.
SEC. 270. CONGRESSIONAL REVIEW ACT COMPLIANCE ASSESSMENT.
Section 801(a)(2)(A) of title 5, United States Code, is amended by
inserting after ``compliance with procedural steps required by
paragraph (1)(B)'' the following: ``, and shall in addition include an
assessment of the agency's compliance with such requirements of the
Administrative Pay-As-You-Go Act of 2023 as may be applicable''.
TITLE IV--TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL STUDENT
LOANS; RESUMPTION OF ACCRUAL OF INTEREST AND COLLECTIONS
SEC. 271. TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL STUDENT
LOANS; RESUMPTION OF ACCRUAL OF INTEREST AND COLLECTIONS.
(a) In General.--Sixty days after June 30, 2023, the waivers and
modifications described in subsection (c) shall cease to be effective.
(b) Prohibition.--Except as expressly authorized by an Act of
Congress enacted after the date of enactment of this Act, the Secretary
of Education may not use any authority to implement an extension of any
executive action or rule specified in subsection (c).
(c) Waivers and Modifications Described.--The waivers and
modifications described in this subsection are the waivers and
modifications of statutory and regulatory provisions relating to an
extension of the suspension of payments on certain loans and waivers of
interest on such loans under section 3513 of the CARES Act (20 U.S.C.
1001 note)--
(1) described by the Department of Education in the Federal
Register on October 12, 2022 (87 Fed. Reg. 61513 et seq.); and
(2) most recently extended in the announcement by the
Department of Education on November 22, 2022.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
SEC. 301. RECALIBRATION OF THE CASELOAD REDUCTION CREDIT.
Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3))
is amended in each of subparagraphs (A)(ii) and (B), by striking
``2005'' and inserting ``2015''.
SEC. 302. PILOT PROJECTS FOR PROMOTING ACCOUNTABILITY BY MEASURING
WORK OUTCOMES.
Section 411 of the Social Security Act (42 U.S.C. 611) is amended
by adding at the end the following:
``(e) Pilot Projects for Promoting Accountability by Measuring Work
Outcomes.--
``(1) In general.--The Secretary shall carry out a pilot
program under which the Secretary may select up to 5 States to
which a grant is made under section 403(a) for a fiscal year to
negotiate performance benchmarks for work and family outcomes for
recipients of assistance under the State program funded under this
part, and programs funded with qualified State expenditures. The
Secretary shall issue guidance on how States apply for
participation in the pilot. The benchmarks shall include--
``(A) the percentage of work-eligible individuals under the
State program funded under this part who are in unsubsidized
employment during the 2nd quarter after exiting the program;
``(B) the level of earnings of such individuals in the 2nd
and 4th quarters after exit; and
``(C) other indicators of family stability and well-being
as established by the Secretary.
``(2) Level of performance benchmark.--The Secretary and a
State selected under paragraph (1) shall agree to the requisite
level of performance on these benchmarks after developing baseline
data in the State and comparative data in other States.
``(3) Failure of state to meet benchmark.--If a State fails to
meet a measured benchmark standard agreed to under paragraph (2)
for 2 successive fiscal years, the State, in order to continue in
the pilot shall enter into a plan with the Secretary to achieve the
required level of performance or, if mutually agreed to, adjust the
benchmark based on new information about the feasibility of meeting
such benchmark.
``(4) Duration.--The pilot under this subsection shall be in
effect for 6 fiscal years, with one year to establish benchmark
data and negotiate targets and five years to measure performance
against the targets, and shall supersede the requirements under
section 407 for such fiscal years, notwithstanding any other
provision of law.
``(5) Application of penalty for failure to reduce assistance
for recipients refusing without good cause to work.--For purposes
of section 409(a)(14), a State operating a pilot must have a system
for reducing the amount of assistance payable to a family if an
individual refuses, without good cause (including for reasons
described in 407(e)(2)), to engage in any such activities as the
State has required of such an individual. A State without such a
system shall be considered to have failed to comply with the
requirements of section 407(e) for so long as the failure to comply
continues.
``(6) Collection of performance data.--Each State selected
under paragraph (1), in consultation with the Secretary, shall
collect and submit to the Secretary data on the performance of the
State operating such a pilot program.
``(7) Reports.--
``(A) Initial report.--Not later than 12 months after the
date of the enactment of this subsection the Secretary shall
submit a report to Congress on the status of the program under
this section.
``(B) Final report.--Not later than 12 months after the
date on which the programs under this section have terminated,
the Secretary shall submit a comprehensive report to Congress
on outcomes achieved under such programs.''.
SEC. 303. ELIMINATION OF SMALL CHECKS SCHEME.
Section 407(b) of the Social Security Act (42 U.S.C. 607(b)) is
amended by adding at the end the following:
``(6) Special rule regarding calculation of the minimum
participation rate.--The Secretary shall determine participation
rates under this section without regard to any individual engaged
in work in a family that receives no assistance under this part and
less than $35 in assistance funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i)).''.
SEC. 304. REPORTING OF WORK OUTCOMES.
Section 411 of the Social Security Act (42 U.S.C. 611), as amended
by section 302, is amended by adding at the end the following:
``(f) Reporting Performance Indicators.--
``(1) In general.--Each State, in consultation with the
Secretary, shall collect and submit to the Secretary the
information necessary for each indicator described in paragraph
(2), for fiscal year 2025 and each fiscal year thereafter.
``(2) Indicators of performance.--The indicators described in
this paragraph for a fiscal year are the following:
``(A) The percentage of individuals who were work-eligible
individuals as of the time of exit from the program, who are in
unsubsidized employment during the second quarter after the
exit.
``(B) The percentage of individuals who were work-eligible
individuals who were in unsubsidized employment in the second
quarter after the exit, who are also in unsubsidized employment
during the fourth quarter after the exit.
``(C) The median earnings of individuals who were work-
eligible individuals as of the time of exit from the program,
who are in unsubsidized employment during the second quarter
after the exit.
``(D) The percentage of individuals who have not attained
24 years of age, are attending high school or enrolled in an
equivalency program, and are work-eligible individuals or were
work-eligible individuals as of the time of exit from the
program, who obtain a high school degree or its recognized
equivalent while receiving assistance under the State program
funded under this part or within 1 year after the exit.
``(3) Definition of exit.--In paragraph (2), the term `exit'
means, with respect to a State program funded under this part,
ceases to receive assistance under the program funded by this part.
``(4) Regulations.--In order to ensure nationwide comparability
of data, the Secretary, after consultation with the Secretary of
Labor and with States, shall issue regulations governing the
reporting of performance indicators under this subsection.''.
SEC. 305. EFFECTIVE DATE.
The amendments made by this title shall take effect on October 1,
2024, except for sections 301 and 303 which shall take effect on
October 1, 2025.
TITLE II--SNAP EXEMPTIONS
SEC. 311. MODIFICATION OF WORK REQUIREMENT EXEMPTIONS.
(a) In General.--Section 6(o)(3) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(6)(o)(3)) is amended to read as follows:
(1) by striking subparagraph (A) and inserting the following:
``(A)(i) under 18 years of age; or
``(ii) in--
``(I) fiscal year 2023 over 51 years of age;
``(II) fiscal year 2024 over 53 years of age;
``(III) fiscal year 2025 and each fiscal year
thereafter over 55 years of age;'';
(2) in subparagraph (D), by striking ``or'' at the end;
(3) in subparagraph (E), by striking the period at the end and
inserting ``;''; and
(4) adding at the end the following:
``(F) a homeless individual;
``(G) a veteran; or
``(H) an individual who is 24 years of age or younger and
who was in foster care under the responsibility of a State on
the date of attaining 18 years of age or such higher age as the
State has elected under section 475(8)(B)(iii) of the Social
Security Act (42 U.S.C. 675(8)(B)(iii)).''.
(b) Application.--
(1) State agency.--A state agency shall apply section 6(o)(3)
of the Food and Nutrition Act of 2008, as amended by subsection
(a), to any application for initial certification or
recertification received starting 90 days after the date of
enactment of this Act.
(2) Sunset.--The amendments made by subsection (a) shall cease
to have effect on October 1, 2030.
SEC. 312. MODIFICATION OF GENERAL EXEMPTIONS.
Section 6(o)(6) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o)(6)) is amended--
(1) in subparagraph (E)--
(A) in the heading, by striking ``Subsequent fiscal years''
and inserting ``Fiscal years 2020 through 2023'';
(B) by striking ``(F) through (H)'' and inserting ``(G)
through (I)''; and
(C) by striking ``year,'' and inserting ``year through
fiscal year 2023,'';
(2) in subparagraph (F), by striking ``or (E)'' and inserting
``, (E) or (F)'';
(3) by redesignating subparagraphs (F), (G), and (H) as
subparagraphs (G), (H), and (I), respectively;
(4) by inserting after subparagraph (E) the following:
``(F) Subsequent fiscal years.--Subject to subparagraphs
(G) through (I), for fiscal years 2024 and each subsequent
fiscal year, a State agency may provide a number of exemptions
such that the average monthly number of exemptions in effect
during the fiscal year does not exceed 8 percent of the number
of covered individuals in the State, as estimated by the
Secretary under subparagraph (C), adjusted by the Secretary to
reflect changes in the State's caseload and the Secretary's
estimate of changes in the proportion of members of households
that receive supplemental nutrition assistance program benefits
covered by waivers granted under paragraph (4)'';
(5) in subparagraph (B), by striking ``(H)'' and inserting
``(I)'';
(6) in subparagraph (C), by striking ``(F) and (H)'' and
inserting ``(G) and (I)'';
(7) in subparagraph (D), by striking ``(F) through (H)'' and
inserting ``(G) through (I)''; and
(8) by adding at end the following:
``(J) Rule of construction for exemption adjustment.--
During fiscal year 2024 and each subsequent fiscal year,
nothing in this paragraph shall be interpreted to allow a State
agency to accumulate unused exemptions to be provided beyond
the subsequent fiscal year.''.
SEC. 313. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM UNDER THE FOOD
AND NUTRITION ACT OF 2008.
Section 2 of the Food and Nutrition Act of 2008 (7 U.S.C. 2011) is
amended by adding at end the following:
``That program includes as a purpose to assist low-income adults in
obtaining employment and increasing their earnings. Such employment and
earnings, along with program benefits, will permit low-income
households to obtain a more nutritious diet through normal channels of
trade by increasing food purchasing power for all eligible households
who apply for participation.''.
SEC. 314. WAIVER TRANSPARENCY.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Agriculture shall make public all available State waiver
requests, including all supporting data from the State, and agency
approvals of such requests, including relevant documentation on the
utilization of waivers authorized under Section 6(o)(4)(A) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(o)(4)(A)).
TITLE III--PERMITTING REFORM
SEC. 321. BUILDER ACT.
(a) Paragraph (2) of Section 102.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (A), by striking ``insure'' and inserting
``ensure'';
(2) in subparagraph (B), by striking ``insure'' and inserting
``ensure'';
(3) in subparagraph (C)--
(A) by inserting ``consistent with the provisions of this
Act and except where compliance would be inconsistent with
other statutory requirements,'' before ``include in every'';
(B) by striking clauses (i) through (v) and inserting the
following:
``(i) reasonably foreseeable environmental effects of
the proposed agency action;
``(ii) any reasonably foreseeable adverse environmental
effects which cannot be avoided should the proposal be
implemented;
``(iii) a reasonable range of alternatives to the
proposed agency action, including an analysis of any
negative environmental impacts of not implementing the
proposed agency action in the case of a no action
alternative, that are technically and economically
feasible, and meet the purpose and need of the proposal;
``(iv) the relationship between local short-term uses
of man's environment and the maintenance and enhancement of
long-term productivity; and
``(v) any irreversible and irretrievable commitments of
Federal resources which would be involved in the proposed
agency action should it be implemented.''; and
(C) by striking ``the responsible Federal official'' and
inserting ``the head of the lead agency'';
(4) in subparagraph (D), by striking ``Any'' and inserting
``any'';
(5) by redesignating subparagraphs (D) through (I) as
subparagraphs (G) through (L), respectively;
(6) by inserting after subparagraph (C) the following:
``(D) ensure the professional integrity, including
scientific integrity, of the discussion and analysis in an
environmental document;
``(E) make use of reliable data and resources in carrying
out this Act;
``(F) consistent with the provisions of this Act, study,
develop, and describe technically and economically feasible
alternatives;''; and
(7) in subparagraph (I), as amended, by inserting ``consistent
with the provisions of this Act,'' before ``recognize''.
(b) New Sections.--Title I of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is amended by adding at the end the
following:
``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.
``(a) Threshold Determinations.--An agency is not required to
prepare an environmental document with respect to a proposed agency
action if--
``(1) the proposed agency action is not a final agency action
within the meaning of such term in chapter 5 of title 5, United
States Code;
``(2) the proposed agency action is excluded pursuant to one of
the agency's categorical exclusions, another agency's categorical
exclusions consistent with section 109 of this Act, or another
provision of law;
``(3) the preparation of such document would clearly and
fundamentally conflict with the requirements of another provision
of law; or
``(4) the proposed agency action is a nondiscretionary action
with respect to which such agency does not have authority to take
environmental factors into consideration in determining whether to
take the proposed action.
``(b) Levels of Review.--
``(1) Environmental impact statement.--An agency shall issue an
environmental impact statement with respect to a proposed agency
action requiring an environmental document that has a reasonably
foreseeable significant effect on the quality of the human
environment.
``(2) Environmental assessment.--An agency shall prepare an
environmental assessment with respect to a proposed agency action
that does not have a reasonably foreseeable significant effect on
the quality of the human environment, or if the significance of
such effect is unknown, unless the agency finds that the proposed
agency action is excluded pursuant to one of the agency's
categorical exclusions, another agency's categorical exclusions
consistent with section 109 of this Act, or another provision of
law. Such environmental assessment shall be a concise public
document prepared by a Federal agency to set forth the basis of
such agency's finding of no significant impact or determination
that an environmental impact statement is necessary.
``(3) Sources of information.--In making a determination under
this subsection, an agency--
``(A) may make use of any reliable data source; and
``(B) is not required to undertake new scientific or
technical research unless the new scientific or technical
research is essential to a reasoned choice among alternatives,
and the overall costs and time frame of obtaining it are not
unreasonable.
``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.
``(a) Lead Agency.--
``(1) Designation.--
``(A) In general.--If there are two or more participating
Federal agencies, such agencies shall determine, by letter or
memorandum, which agency shall be the lead agency based on
consideration of the--
``(i) magnitude of agency's involvement;
``(ii) project approval or disapproval authority;
``(iii) expertise concerning the action's environmental
effects;
``(iv) duration of agency's involvement; and
``(v) sequence of agency's involvement.
``(B) Joint lead agencies.--In making a determination under
subparagraph (A), the participating Federal agencies may
appoint such State, Tribal, or local agencies as joint lead
agencies as the involved Federal agencies shall determine
appropriate. Joint lead agencies shall jointly fulfill the role
described in paragraph (2).
``(2) Role.--A lead agency shall, with respect to a proposed
agency action--
``(A) supervise the preparation of an environmental
document if, with respect to such proposed agency action, there
is more than one participating Federal agency;
``(B) request the participation of each cooperating agency
at the earliest practicable time;
``(C) in preparing an environmental document, give
consideration to any analysis or proposal created by a
cooperating agency;
``(D) develop a schedule, in consultation with each
cooperating agency, the applicant, and such other entities as
the lead agency determines appropriate, for completion of any
environmental review, permit, or authorization required to
carry out the proposed agency action;
``(E) if the lead agency determines that a review, permit,
or authorization will not be completed in accordance with the
schedule developed under subparagraph (D), notify the agency
responsible for issuing such review, permit, or authorization
of the discrepancy and request that such agency take such
measures as such agency determines appropriate to comply with
such schedule; and
``(F) meet with a cooperating agency that requests such a
meeting.
``(3) Cooperating agency.--The lead agency may, with respect to
a proposed agency action, designate any Federal, State, Tribal, or
local agency that has jurisdiction by law or special expertise with
respect to any environmental impact involved in a proposal to serve
as a cooperating agency. A cooperating agency may, not later than a
date specified in the schedule established by the lead agency,
submit comments to the lead agency.
``(4) Request for designation.--Any Federal, State, Tribal, or
local agency or person that is substantially affected by the lack
of a designation of a lead agency with respect to a proposed agency
action under paragraph (1) may submit a written request for such a
designation to a participating Federal agency. An agency that
receives a request under this paragraph shall transmit such request
to each participating Federal agency and to the Council.
``(5) Council designation.--
``(A) Request.--If the participating Federal agencies are
unable to agree on the designation of a lead agency within 45
days of the request under paragraph (4), then the Federal,
State, Tribal or local agency or person that is substantially
affected by the lack or a designation of a lead agency may
request that the Council designate a lead agency. Such request
shall consist of--
``(i) a precise description of the nature and extent of
the proposed agency action; and
``(ii) a detailed statement with respect to each
participating Federal agency and each factor listed in
paragraph (1) regarding which agency should serve as lead
agency.
``(B) Transmission.--The Council shall transmit a request
received under subparagraph (A) to each participating Federal
agency.
``(C) Response.--A participating Federal agency may, not
later than 20 days after the date of the submission of a
request under subparagraph (A), submit to the Council a
response to such request.
``(D) Designation.--Not later than 40 days after the date
of the submission of a request under subparagraph (A), the
Council shall designate the lead agency with respect to the
relevant proposed agency action.
``(b) One Document.--To the extent practicable, if a proposed
agency action will require action by more than one Federal agency and
the lead agency has determined that it requires preparation of an
environmental document, the lead and cooperating agencies shall
evaluate the proposal in a single environmental document.
``(c) Request for Public Comment.--Each notice of intent to prepare
an environmental impact statement under section 102 shall include a
request for public comment on alternatives or impacts and on relevant
information, studies, or analyses with respect to the proposed agency
action.
``(d) Statement of Purpose and Need.--Each environmental document
shall include a statement of purpose and need that briefly summarizes
the underlying purpose and need for the proposed agency action.
``(e) Page Limits.--
``(1) Environmental impact statements.--
``(A) In general.--Except as provided in subparagraph (B),
an environmental impact statement shall not exceed 150 pages,
not including any citations or appendices.
``(B) Extraordinary complexity.--An environmental impact
statement for a proposed agency action of extraordinary
complexity shall not exceed 300 pages, not including any
citations or appendices.
``(2) Environmental assessments.--An environmental assessment
shall not exceed 75 pages, not including any citations or
appendices.
``(f) Sponsor Preparation.--A lead agency shall prescribe
procedures to allow a project sponsor to prepare an environmental
assessment or an environmental impact statement under the supervision
of the agency. Such agency may provide such sponsor with appropriate
guidance and assist in the preparation. The lead agency shall
independently evaluate the environmental document and shall take
responsibility for the contents.
``(g) Deadlines.--
``(1) In general.--Except as provided in paragraph (2), with
respect to a proposed agency action, a lead agency shall complete,
as applicable--
``(A) the environmental impact statement not later than the
date that is 2 years after the sooner of, as applicable--
``(i) the date on which such agency determines that
section 102(2)(C) requires the issuance of an environmental
impact statement with respect to such action;
``(ii) the date on which such agency notifies the
applicant that the application to establish a right-of-way
for such action is complete; and
``(iii) the date on which such agency issues a notice
of intent to prepare the environmental impact statement for
such action; and
``(B) the environmental assessment not later than the date
that is 1 year after the sooner of, as applicable--
``(i) the date on which such agency determines that
section 106(b)(2) requires the preparation of an
environmental assessment with respect to such action;
``(ii) the date on which such agency notifies the
applicant that the application to establish a right-of-way
for such action is complete; and
``(iii) the date on which such agency issues a notice
of intent to prepare the environmental assessment for such
action.
``(2) Delay.--A lead agency that determines it is not able to
meet the deadline described in paragraph (1) may extend such
deadline, in consultation with the applicant, to establish a new
deadline that provides only so much additional time as is necessary
to complete such environmental impact statement or environmental
assessment.
``(3) Petition to court.--
``(A) Right to petition.--A project sponsor may obtain a
review of an alleged failure by an agency to act in accordance
with an applicable deadline under this section by filing a
written petition with a court of competent jurisdiction seeking
an order under subparagraph (B).
``(B) Court order.--If a court of competent jurisdiction
finds that an agency has failed to act in accordance with an
applicable deadline, the court shall set a schedule and
deadline for the agency to act as soon as practicable, which
shall not exceed 90 days from the date on which the order of
the court is issued, unless the court determines a longer time
period is necessary to comply with applicable law.
``(h) Report.--
``(1) In general.--The head of each lead agency shall annually
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Environment and Public Works
of the Senate a report that--
``(A) identifies any environmental assessment and
environmental impact statement that such lead agency did not
complete by the deadline described in subsection (g); and
``(B) provides an explanation for any failure to meet such
deadline.
``(2) Inclusions.--Each report submitted under paragraph (1)
shall identify, as applicable--
``(A) the office, bureau, division, unit, or other entity
within the Federal agency responsible for each such
environmental assessment and environmental impact statement;
``(B) the date on which--
``(i) such lead agency notified the applicant that the
application to establish a right-of-way for the major
Federal action is complete;
``(ii) such lead agency began the scoping for the major
Federal action; or
``(iii) such lead agency issued a notice of intent to
prepare the environmental assessment or environmental
impact statement for the major Federal action; and
``(C) when such environmental assessment and environmental
impact statement is expected to be complete.
``SEC. 108. PROGRAMMATIC ENVIRONMENTAL DOCUMENT.
``When an agency prepares a programmatic environmental document for
which judicial review was available, the agency may rely on the
analysis included in the programmatic environmental document in a
subsequent environmental document for related actions as follows:
``(1) Within 5 years and without additional review of the
analysis in the programmatic environmental document, unless there
are substantial new circumstances or information about the
significance of adverse effects that bear on the analysis.
``(2) After 5 years, so long as the agency reevaluates the
analysis in the programmatic environmental document and any
underlying assumption to ensure reliance on the analysis remains
valid.
``SEC. 109. ADOPTION OF CATEGORICAL EXCLUSIONS.
``An agency may adopt a categorical exclusion listed in another
agency's NEPA procedures for a category of proposed agency actions for
which the categorical exclusion was established consistent with this
paragraph. The agency shall--
``(1) identify the categorical exclusion listed in another
agency's NEPA procedures that covers a category of proposed actions
or related actions;
``(2) consult with the agency that established the categorical
exclusion to ensure that the proposed adoption of the categorical
exclusion to a category of actions is appropriate;
``(3) identify to the public the categorical exclusion that the
agency plans to use for its proposed actions; and
``(4) document adoption of the categorical exclusion.
``SEC. 110. E-NEPA.
``(a) Permitting Portal Study.--The Council on Environmental
Quality shall conduct a study and submit a report to Congress within 1
year of the enactment of this Act on the potential for online and
digital technologies to address delays in reviews and improve public
accessibility and transparency under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) including, but
not limited to, a unified permitting portal that would--
``(1) allow applicants to--
``(A) submit required documents or materials for their
project in one unified portal;
``(B) upload and collaborate with the applicable agencies
to edit documents in real-time, as required;
``(C) upload and display visual features such as video,
animation, geographic information system displays, and three-
dimensional renderings; and
``(D) track the progress of individual applications;
``(2) include a cloud based, digital tool for more complex
reviews that would enhance interagency coordination in consultation
by--
``(A) centralizing, across all necessary agencies, the
data, visuals, and documents, including but not limited to
geographic information system displays, other visual
renderings, and completed reports and analyses necessary for
reviews;
``(B) streamlining communications between all necessary
agencies and the applicant;
``(C) allowing for comments and responses by and to all
necessary agencies in one unified portal;
``(D) generating analytical reports to aid in organizing
and cataloguing public comments; and
``(E) be accessible on mobile devices;
``(3) boost transparency in agency processes and present
information suitable for a lay audience, including but not limited
to--
``(A) scientific data and analysis; and
``(B) anticipated agency process and timeline; and
``(4) include examples describing how at least five permits
would be reviewed and processed through this portal.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated $500,000 for the Council on Environmental Quality to carry
out the study directed by this section.
``SEC. 111. DEFINITIONS.
``In this title:
``(1) Categorical exclusion.--The term `categorical exclusion'
means a category of actions that a Federal agency has determined
normally does not significantly affect the quality of the human
environment within the meaning of section 102(2)(C).
``(2) Cooperating agency.--The term `cooperating agency' means
any Federal, State, Tribal, or local agency that has been
designated as a cooperating agency under section 107(a)(3).
``(3) Council.--The term `Council' means the Council on
Environmental Quality established in title II.
``(4) Environmental assessment.--The term `environmental
assessment' means an environmental assessment prepared under
section 106(b)(2).
``(5) Environmental document.--The term `environmental
document' means an environmental impact statement, an environmental
assessment, or a finding of no significant impact.
``(6) Environmental impact statement.--The term `environmental
impact statement' means a detailed written statement that is
required by section 102(2)(C).
``(7) Finding of no significant impact.--The term `finding of
no significant impact' means a determination by a Federal agency
that a proposed agency action does not require the issuance of an
environmental impact statement.
``(8) Participating federal agency.--The term `participating
Federal agency' means a Federal agency participating in an
environmental review or authorization of an action.
``(9) Lead agency.--The term `lead agency' means, with respect
to a proposed agency action--
``(A) the agency that proposed such action; or
``(B) if there are 2 or more involved Federal agencies with
respect to such action, the agency designated under section
107(a)(1).
``(10) Major federal action.--
``(A) In general.--The term `major Federal action' means an
action that the agency carrying out such action determines is
subject to substantial Federal control and responsibility.
``(B) Exclusion.--The term `major Federal action' does not
include--
``(i) a non-Federal action--
``(I) with no or minimal Federal funding; or
``(II) with no or minimal Federal involvement where
a Federal agency cannot control the outcome of the
project;
``(ii) funding assistance solely in the form of general
revenue sharing funds which do not provide Federal agency
compliance or enforcement responsibility over the
subsequent use of such funds;
``(iii) loans, loan guarantees, or other forms of
financial assistance where a Federal agency does not
exercise sufficient control and responsibility over the
subsequent use of such financial assistance or the effect
of the action;
``(iv) business loan guarantees provided by the Small
Business Administration pursuant to section 7(a) or (b) and
of the Small Business Act ( U.S.C. 636(a)), or title V of
the Small Business Investment Act of 1958 (15 U.S.C. 695 et
seq.);
``(v) bringing judicial or administrative civil or
criminal enforcement actions;
``(vi) extraterritorial activities or decisions, which
means agency activities or decisions with effects located
entirely outside of the jurisdiction of the United States;
or
``(vii) activities or decisions that are non-
discretionary and made in accordance with the agency's
statutory authority.
``(11) Programmatic environmental document.--The term
`programmatic environmental document' means an environmental impact
statement or environmental assessment analyzing all or some of the
environmental effects of a policy, program, plan, or group of
related actions.
``(12) Proposal.--The term `proposal' means a proposed action
at a stage when an agency has a goal, is actively preparing to make
a decision on one or more alternative means of accomplishing that
goal, and can meaningfully evaluate its effects.
``(13) Special expertise.--The term `special expertise' means
statutory responsibility, agency mission, or related program
experience.''.
SEC. 322. INTERREGIONAL TRANSFER CAPABILITY DETERMINATION STUDY.
(a) In General.--The Electric Reliability Organization (as that
term is defined in section 215(a)(2) of the Federal Power Act), in
consultation with each regional entity (as that term is defined in
section 215(a)(7) of such Act) and each transmitting utility (as that
term is defined in section 3(23) of such Act) that has facilities
interconnected with a transmitting utility in a neighboring
transmission planning region, shall conduct a study of total transfer
capability as defined in section 37.6(b)(1)(vi) of title 18, Code of
Federal Regulations, between transmission planning regions that
contains the following:
(1) Current total transfer capability, between each pair of
neighboring transmission planning regions.
(2) A recommendation of prudent additions to total transfer
capability between each pair of neighboring transmission planning
regions that would demonstrably strengthen reliability within and
among such neighboring transmission planning regions.
(3) Recommendations to meet and maintain total transfer
capability together with such recommended prudent additions to
total transfer capability between each pair of neighboring
transmission planning regions.
(b) Publication.--Not later than 18 months after the date of
enactment of this Act, the North American Electric Reliability
Corporation shall deliver a study to Federal Energy Regulatory
Commission, which shall publish the study required in subsection (a) in
the Federal Register and seek public comments.
(c) Report.--Not later than 12 months after the end of the public
comment period in subsection (b), the Federal Energy Regulatory
Commission shall submit a report on its conclusions to Congress and
include recommendations, if any, for statutory changes.
SEC. 323. PERMITTING STREAMLINING FOR ENERGY STORAGE.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended by inserting ``energy storage,'' before ``or any other
sector''.
SEC. 324. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY PIPELINE.
(a) Definition of Mountain Valley Pipeline.--In this section, the
term ``Mountain Valley Pipeline'' means the Mountain Valley Pipeline
project, as generally described and approved in Federal Energy
Regulatory Commission Docket Nos. CP16-10, CP19-477, and CP21-57.
(b) Congressional Findings and Declaration.--The Congress hereby
finds and declares that the timely completion of construction and
operation of the Mountain Valley Pipeline is required in the national
interest. The Mountain Valley Pipeline will serve demonstrated natural
gas demand in the Northeast, Mid-Atlantic, and Southeast regions, will
increase the reliability of natural gas supplies and the availability
of natural gas at reasonable prices, will allow natural gas producers
to access additional markets for their product, and will reduce carbon
emissions and facilitate the energy transition.
(c) Approval and Ratification and Maintenance of Existing
Authorizations.--Notwithstanding any other provision of law--
(1) Congress hereby ratifies and approves all authorizations,
permits, verifications, extensions, biological opinions, incidental
take statements, and any other approvals or orders issued pursuant
to Federal law necessary for the construction and initial operation
at full capacity of the Mountain Valley Pipeline; and
(2) Congress hereby directs the Secretary of the Army, the
Federal Energy Regulatory Commission, the Secretary of Agriculture,
and the Secretary of the Interior, and other agencies as
applicable, as the case may be, to continue to maintain such
authorizations, permits, verifications, extensions, biological
opinions, incidental take statements, and any other approvals or
orders issued pursuant to Federal law necessary for the
construction and initial operation at full capacity of the Mountain
Valley Pipeline.
(d) Expedited Approval.--Notwithstanding any other provision of
law, not later than 21 days after the date of enactment of this Act and
for the purpose of facilitating the completion of the Mountain Valley
Pipeline, the Secretary of the Army shall issue all permits or
verifications necessary--
(1) to complete the construction of the Mountain Valley
Pipeline across the waters of the United States; and
(2) to allow for the operation and maintenance of the Mountain
Valley Pipeline.
(e) Judicial Review.--
(1) Notwithstanding any other provision of law, no court shall
have jurisdiction to review any action taken by the Secretary of
the Army, the Federal Energy Regulatory Commission, the Secretary
of Agriculture, the Secretary of the Interior, or a State
administrative agency acting pursuant to Federal law that grants an
authorization, permit, verification, biological opinion, incidental
take statement, or any other approval necessary for the
construction and initial operation at full capacity of the Mountain
Valley Pipeline, including the issuance of any authorization,
permit, extension, verification, biological opinion, incidental
take statement, or other approval described in subsection (c) or
(d) of this section for the Mountain Valley Pipeline, whether
issued prior to, on, or subsequent to the date of enactment of this
section, and including any lawsuit pending in a court as of the
date of enactment of this section.
(2) The United States Court of Appeals for the District of
Columbia Circuit shall have original and exclusive jurisdiction
over any claim alleging the invalidity of this section or that an
action is beyond the scope of authority conferred by this section.
(f) Effect.--This section supersedes any other provision of law
(including any other section of this Act or other statute, any
regulation, any judicial decision, or any agency guidance) that is
inconsistent with the issuance of any authorization, permit,
verification, biological opinion, incidental take statement, or other
approval for the Mountain Valley Pipeline.
DIVISION D--INCREASE IN DEBT LIMIT
SEC. 401. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.
(a) In General.--Section 3101(b) of title 31, United States Code,
shall not apply for the period beginning on the date of the enactment
of this Act and ending on January 1, 2025.
(b) Special Rule Relating to Obligations Issued During Extension
Period.--Effective on January 2, 2025, the limitation in effect under
section 3101(b) of title 31, United States Code, shall be increased to
the extent that--
(1) the face amount of obligations issued under chapter 31 of
such title and the face amount of obligations whose principal and
interest are guaranteed by the United States Government (except
guaranteed obligations held by the Secretary of the Treasury)
outstanding on January 2, 2025, exceeds
(2) the face amount of such obligations outstanding on the date
of the enactment of this Act.
(c) Restoring Congressional Authority Over the National Debt.--
(1) Extension limited to necessary obligations.--An obligation
shall not be taken into account under subsection (b)(1) unless the
issuance of such obligation was necessary to fund a commitment
incurred pursuant to law by the Federal Government that required
payment before January 2, 2025.
(2) Prohibition on creation of cash reserve during extension
period.--The Secretary of the Treasury shall not issue obligations
during the period specified in subsection (a) for the purpose of
increasing the cash balance above normal operating balances in
anticipation of the expiration of such period.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.