Prevention of executive actions and repeal of executive documents

(a)

Prevention and repeal

(1)

In general

Effective beginning on the date of enactment of this Act—(A)the Secretary of Commerce shall discontinue the investigation into imports of wind turbines and their parts and components initiated under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), as described in the notice of the Bureau of Industry and Security entitled Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Wind Turbines and Their Parts and Components (90 Fed. Reg 41380 (August 25, 2025));(B)notwithstanding any other provision of law, the Secretary of Health and Human Services shall not take any action that hinders any wind, solar, or geothermal development; and(C)the Executive documents described in paragraph (2) (referred to in this subsection as the Executive documents) shall have no force or effect and no Federal funds may be used to implement, administer, enforce, or carry out the Executive documents.(2)

Executive documents described

The Executive documents referred to in paragraph (1)(C) are the following:(A)Executive Order 14315 (90 Fed. Reg. 30821; relating to ending market distorting subsidies for unreliable, foreign-controlled energy sources). (B) The Presidential memorandum entitled Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects issued on January 20, 2025 (90 Fed. Reg. 8363). (C)Secretarial Order 3417, issued by the Secretary of the Interior on February 3, 2025 (relating to addressing the national energy emergency).(D)Secretarial Order 3418, issued by the Secretary of the Interior on February 3, 2025 (relating to unleashing American energy).(E)Secretarial Order 3437, issued by the Secretary of the Interior on July 29, 2025 (relating to ending preferential treatment for unreliable, foreign-controlled energy sources in Department decision making).(F)Secretarial Order 3438, issued by the Secretary of the Interior on August 1, 2025 (relating to managing Federal energy resources and protecting the environment).(G)The memorandum of the Secretary of the Interior issued on July 15, 2025, entitled Departmental Review Procedures for Decisions, Actions, Consultations, and Other Undertakings Related to Wind and Solar Energy Facilities.(H)The memorandum of the Secretary of Agriculture issued on August 21, 2025, numbered 1078–016 and entitled Efficiency Screening Criteria for Proposals Concerning Power Generation on National Forest System Lands.(I)Internal Revenue Service Notice 2025–42 (relating to beginning of construction requirements for purposes of the termination of clean electricity production credits and clean electricity investment credits for applicable wind and solar facilities).(J)The guidance of the Assistant Secretary of the Army for Civil Works, described in the news release published on the website of the Corps of Engineers on September 22, 2025, entitled Army Corps of Engineers begins implementing policy to increase America's energy generation efficiency.(3)

Substantially similar documents

The President or the head of the applicable Federal department or agency may not reissue an Executive document in substantially the same form, and a new order, memorandum, notice, or guidance document that is substantially the same as an Executive document may not be issued, unless the order, memorandum, notice, or guidance document is specifically authorized by an Act of Congress enacted after the date of enactment of this Act.(4)

Required action by Secretary of Defense

Not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall approve and sign any mitigation agreement relating to a wind energy facility, solar energy facility, transmission line, or distribution line that was initiated before January 1, 2026.(b)

IPaC portal

Notwithstanding any other provision of law, the Director of the United States Fish and Wildlife Service shall not prohibit any person requesting a permit for a wind, solar, geothermal, or storage project from using the Information for Planning and Consultation Portal (commonly known as the IPaC Portal) of the United States Fish and Wildlife Service to process the project.(c)

Financial assistance

(1)

Definition of continuation application

In this subsection, the term continuation application means an application to secure continuing distribution of a Federal financial assistance award that was designated to be distributed over multiple fiscal years.(2)

Continuation application

(A)

In general

Not later than 60 days after the date on which a continuation application is submitted by an applicant, the head of the applicable Federal department or agency shall—(i)grant or deny that continuation application; and(ii)notify the applicant of the determination made under clause (i).(B)

Continuation application

A continuation application submitted under subparagraph (A) shall be in such form and contain such information as the head of the applicable Federal department or agency may require.(C)

Terms and conditions

A continuation application granted under subparagraph (A) shall contain the same terms and conditions as the original application, as applicable.(D)

Deadline

A continuation application that is not responded to by the deadline required under subparagraph (A) shall be considered granted.(d)

Rescission limitation

No amounts may be rescinded from amounts provided under any appropriation Act (as defined in section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622)) for fiscal years 2026 or 2027, unless the rescission is made through an appropriation Act.