0:'public law 118–5—jun. 3, 2023 document certified by government publishing office pkisupport@gpo.gov signed by government publishing office pkisupport@gpo.gov time: 2023.06.22', 1:'16:27:42 0400 reason: government publishing office attests that this document has not been altered since it was disseminated by government', 2:'publishing office location: government publishing office, washington, dc 20401 fiscal responsibility act of 2023 137 stat. 10 public law 118–5—jun.', 3:'3, 2023 june 3, 2023 [h.r. 3746] fiscal responsibility act of 2023. 2 usc 900 note. public law 118–5 118th', 4:'congress an act to provide for a responsible increase to the debt ceiling. be it enacted by the senate and', 5:'house of representatives of the united states of america in congress assembled, section 1. short title. this act may be', 6:'cited as the ‘‘fiscal responsibility act of 2023’’. sec. 2. table of contents. the table of contents for this act', 7:'is as follows: sec. 1. short title. sec. 2. table of contents. sec. 3. references. division a—limit federal spending title', 8:'i—discretionary spending limits for discretionary category sec. 101. discretionary spending limits. sec. 102. special adjustments for fiscal years 2024 and', 9:'2025. sec. 103. budgetary treatment of previously enacted emergency requirements. title ii—budget enforcement in the house of representatives sec. 111.', 10:'authority for fiscal year 2024 budget resolution in the house of rep resentatives. sec. 112. limitation on advance appropriations in', 11:'the house of representatives. sec. 113. exercise of rulemaking powers. title iii—budget enforcement in the senate sec. 121. authority for', 12:'fiscal year 2024 budget resolution in the senate. sec. 122. authority for fiscal year 2025 budget resolution in the senate.', 13:'sec. 123. limitation on advance appropriations in the senate. sec. 124. exercise of rulemaking powers. division b—save taxpayer dollars title', 14:'i—rescission of unobligated funds sec. 1. rescission of unobligated funds. sec. 2. rescission of unobligated funds. sec. 3. rescission of', 15:'unobligated funds. sec. 4. rescission of unobligated funds. sec. 5. rescission of unobligated funds. sec. 6. rescission of unobligated funds.', 16:'sec. 7. rescission of unobligated funds. sec. 8. rescission of unobligated funds. sec. 9. rescission of unobligated funds. sec. 10.', 17:'rescission of unobligated funds. sec. 11. rescission of unobligated funds. sec. 12. rescission of unobligated funds. sec. 13. rescission of', 18:'unobligated funds. sec. 14. rescission of unobligated funds. sec. 15. rescission of unobligated funds. public law 118–5—jun. 3, 2023 137', 19:'stat. 11 sec. 16. rescission of unobligated funds. sec. 17. rescission of unobligated funds. sec. 18. rescission of unobligated funds.', 20:'sec. 19. rescission of unobligated funds. sec. 20. rescission of unobligated funds. sec. 21. rescission of unobligated funds. sec. 22.', 21:'rescission of unobligated funds. sec. 23. rescission of unobligated funds. sec. 24. rescission of unobligated funds. sec. 25. rescission of', 22:'unobligated funds. sec. 26. rescission of unobligated funds. sec. 27. rescission of unobligated funds. sec. 28. rescission of unobligated funds.', 23:'sec. 29. rescission of unobligated funds. sec. 30. rescission of unobligated funds. sec. 31. rescission of unobligated funds. sec. 32.', 24:'rescission of unobligated funds. sec. 33. rescission of unobligated funds. sec. 34. rescission of unobligated funds. sec. 35. rescission of', 25:'unobligated funds. sec. 36. rescission of unobligated funds. sec. 37. rescission of unobligated funds. sec. 38. rescission of unobligated funds.', 26:'sec. 39. rescission of unobligated funds. sec. 40. rescission of unobligated funds. sec. 41. rescission of unobligated funds. sec. 42.', 27:'rescission of unobligated funds. sec. 43. rescission of unobligated funds. sec. 44. rescission of unobligated funds. sec. 45. rescission of', 28:'unobligated funds. sec. 46. rescission of unobligated funds. sec. 47. rescission of unobligated funds. sec. 48. rescission of unobligated funds.', 29:'sec. 49. rescission of unobligated funds. sec. 50. rescission of unobligated funds. sec. 51. rescission of unobligated funds. sec. 52.', 30:'rescission of unobligated funds. sec. 53. rescission of unobligated funds. sec. 54. rescission of unobligated funds. sec. 55. rescission of', 31:'unobligated funds. sec. 56. rescission of unobligated funds. sec. 57. rescission of unobligated funds. sec. 58. rescission of unobligated funds.', 32:'sec. 59. rescission of unobligated funds. sec. 60. rescission of unobligated funds. sec. 61. rescission of unobligated funds. sec. 62.', 33:'rescission of unobligated funds. sec. 63. rescission of unobligated funds. sec. 64. rescission of unobligated funds. sec. 65. rescission of', 34:'unobligated funds. sec. 66. rescission of unobligated funds. sec. 67. rescission of unobligated funds. sec. 68. rescission of unobligated funds.', 35:'sec. 69. rescission of unobligated funds. sec. 70. rescission of unobligated funds. sec. 71. rescission of unobligated funds. sec. 72.', 36:'rescission of unobligated funds. sec. 73. rescission of unobligated funds. sec. 74. rescission of unobligated funds. sec. 75. rescission of', 37:'unobligated funds. sec. 76. rescission of unobligated funds. sec. 77. rescission of unobligated funds. sec. 78. rescission of unobligated funds.', 38:'sec. 79. rescission of unobligated funds. sec. 80. rescission of unobligated funds. sec. 81. rescission of unobligated funds. title ii—family', 39:'and small business taxpayer protection sec. 251. rescission of certain balances made available to the internal revenue service. title iii—statutory', 40:'administrative payasyougo sec. 261. short title. 137 stat. 12 public law 118–5—jun. 3, 2023 sec. 262. definitions. sec. 263. requirements', 41:'for administrative actions that affect direct spending. sec. 264. issuance of administrative guidance. sec. 265. waiver. sec. 266. exemption. sec.', 42:'267. judicial review. sec. 268. sunset. sec. 269. gao report. sec. 270. congressional review act compliance assessment. title iv—termination of', 43:'suspension of payments on federal student loans; resumption of accrual of interest and collections sec. 271. termination of suspension of', 44:'payments on federal student loans; resumption of accrual of interest and collections. division c—grow the economy title i—temporary assistance to', 45:'needy families sec. 301. recalibration of the caseload reduction credit. sec. 302. pilot projects for promoting accountability by measuring work', 46:'outcomes. sec. 303. elimination of small checks scheme. sec. 304. reporting of work outcomes. sec. 305. effective date. title ii—snap', 47:'exemptions sec. 311. modification of work requirement exemptions. sec. 312. modification of general exemptions. sec. 313. supplemental nutrition assistance program', 48:'under the food and nutrition act of 2008. sec. 314. waiver transparency. title iii—permitting reform sec. 321. builder act. sec.', 49:'322. interregional transfer capability determination study. sec. 323. permitting streamlining for energy storage. sec. 324. expediting completion of the mountain', 50:'valley pipeline. division d—increase in debt limit sec. 401. temporary extension of public debt limit. sec. 3. references. except as', 51:'expressly provided otherwise, any reference to ‘‘this act’’ contained in any division of this act shall be treated as referring', 52:'only to the provisions of that division. division a—limit federal spending title i—discretionary spending limits for discretionary category sec. 101.', 53:'discretionary spending limits. a in general.—section 251c of the balanced budget and emergency deficit control act of 1985 2 u.s.c.', 54:'901c is amended— 1 in paragraph 7b, by striking ‘‘and’’ at the end; and 2 by inserting after paragraph 8', 55:'the following: ‘‘9 for fiscal year 2024— ‘‘a for the revised security category, $886,349,000,000 in new budget authority; and ‘‘b', 56:'for the revised nonsecurity category; $703,651,000,000 in new budget authority; and public law 118–5—jun. 3, 2023 137 stat. 13 ‘‘10', 57:'for fiscal year 2025— ‘‘a for the revised security category, $895,212,000,000 in new budget authority; and ‘‘b for the revised', 58:'nonsecurity category; $710,688,000,000 in new budget authority;’’. b conforming amendments to adjustments.— 1 continuing disability reviews and rederminations.—section 251b2bi of', 59:'the balanced budget and emergency deficit control act of 1985 is 2 usc 901. amended— a in subclause ix, by', 60:'striking ‘‘and’’ at the end; b in subclause x, by striking the period and inserting a semicolon; and c by', 61:'inserting after subclause x the following: ‘‘xi for fiscal year 2024, $1,578,000,000 in additional new budget authority; and ‘‘xii for', 62:'fiscal year 2025, $1,630,000,000 in additional new budget authority.’’. 2 health care fraud and abuse control.—section 251b2ci of such act', 63:'is amended— a in subclause ix, by striking ‘‘and’’ at the end; b in subclause x, by striking the period', 64:'and inserting a semicolon; and c by inserting after subclause x the following: ‘‘xi for fiscal year 2024, $604,000,000 in', 65:'additional new budget authority; and ‘‘xii for fiscal year 2025, $630,000,000 in additional new budget authority.’’. 3 disaster funding.—section 251b2di', 66:'of such act is amended— a in the matter preceding subclause i, by striking ‘‘for fiscal years 2012 through 2021’’', 67:'and inserting ‘‘for fiscal years 2024 and 2025’’; and b by amending subclause ii to read as follows: ‘‘ii notwithstanding', 68:'clause iv, five percent time period. of the total appropriations provided in the previous 10 years, net of any rescissions', 69:'of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the', 70:'robert t. stafford disaster relief and emergency assistance act 42 u.s.c. 5121 et seq. and designated by the congress in', 71:'statute as an emergency; and’’. 4 reemployment services and eligibility assessments.— section 251b2ei of such act is amended— a in', 72:'subclause iii, by striking ‘‘and’’ at the end; b in subclause iv, by striking the period and inserting a semicolon;', 73:'and c by inserting after subclause iv the following: ‘‘v for fiscal year 2024, $265,000,000 in additional new budget authority;', 74:'and ‘‘vi for fiscal year 2025, $271,000,000 in additional new budget authority.’’. c conforming amendments relating to sequestration reports.—section 254', 75:'of the balanced budget and emergency deficit control act of 1985 2 u.s.c. 904 is amended— 137 stat. 14 public', 76:'law 118–5—jun. 3, 2023 1 in subsection c2, by striking ‘‘2021’’ and inserting ‘‘2025’’; and 2 in subsection f2a, by', 77:'striking ‘‘2021’’ and inserting ‘‘2025’’. d appropriation for cost of war toxic exposures fund.—in addition to amounts otherwise available for', 78:'such purposes, there are appropriated, out of any money in the treasury not otherwise appropriated, for investment in the delivery', 79:'of veterans’ health care associated with exposure to environmental hazards, the expenses incident to the delivery of veterans’ health care', 80:'and benefits associated with exposure to environmental hazards, and medical and other research relating to exposure to environmental hazards, as', 81:'authorized by section 324 of title 38, united states code— 1 $20,268,000,000, which shall become available on october 1, 2023,', 82:'and shall remain available until september 30, 2028; and 2 $24,455,000,000, which shall become available on october 1, 2024, and', 83:'shall remain available until september 30, 2029. e appropriation for department of commerce nonrecurring expenses fund.— 1 in general.—in addition', 84:'to amounts otherwise available, there is appropriated to the department of commerce nonrecurring expenses fund for fiscal year 2023, out', 85:'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', 86:'to carry out programs related to government efficiencies in fiscal year 2024; and b $11,000,000,000 is to carry out programs', 87:'related to government efficiencies in fiscal year 2025. 2 limitation on transfer.—funds provided by paragraph 1 shall not be subject', 88:'to any transfer authority provided by law. applicability. 3 report requirements.—reporting requirements in section 111a of division b of public', 89:'law 116–93 shall apply to funds provided by paragraph 1. 4 statutory paygo scorecards.—the budgetary effects of this subsection shall', 90:'not be entered on either paygo scorecard maintained pursuant to section 4d of the statutory pay asyougo act of 2010.', 91:'5 senate paygo scorecards.—the budgetary effects of this subsection and each succeeding division shall not be entered on any paygo', 92:'scorecard maintained for purposes of section 4106 of h. con. res. 71 115th congress. estimate. 6 classification of budgetary effects.—notwithstanding', 93:'rule 3 of the budget scorekeeping guidelines set forth in the joint explanatory statement of the committee of conference accompanying', 94:'conference report 105–217 and section 250c7 and c8 of the balanced budget and emergency deficit control act of 1985, the', 95:'budgetary effects of this subsection shall be estimated for purposes of section 251 of such act and as appropriations for', 96:'discretionary accounts for purposes of the allocation to the committee on appropriations pursuant to section 302a of the congressional budget', 97:'act of 1974 and the concurrent resolution on the budget. public law 118–5—jun. 3, 2023 f additional spending limits.—for purposes', 98:'of section 302a5 of the congressional budget and impoundment control act of 1974, in the following applicable fiscal years, the', 99:'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,', 100:'$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', 101:'balanced budget and emergency deficit control act of 1985 is amended by adding at the end the following: ‘‘d revised', 102:'discretionary spending limits for fiscal year 2024.— ‘‘1 in general.—subject to paragraph 3, if on or after january 1, 2024,', 103:'there is in effect an act making continuing appropriations for part of fiscal year 2024 for any discretionary budget account,', 104:'the discretionary spending limits specified in subsection c9 for fiscal year 2024 shall be adjusted in the final sequestration report,', 105:'in accordance with paragraph 2, as follows: ‘‘a for the revised security category, the amount that is equal to the', 106:'total budget authority for such category for base funding, as published in the congressional budget office cost estimate for the', 107:'applicable appropriations acts for the preceding fiscal year table 1–s of h.r. 2617, published on december 21, 2022, reduced by', 108:'one percent. ‘‘b for the revised nonsecurity category, the amount that is equal to the total budget authority for such', 109:'category for base funding as published in the congressional budget office cost estimate for the applicable appropriations acts for the', 110:'preceding fiscal year table 1–s of h.r. 2617, published on december 21, 2022, reduced by one percent. ‘‘2 final report;', 111:'sequestration order.—if the conditions specified in paragraph 1 are met during fiscal year 2024, the final sequestration report for such', 112:'fiscal year pursuant to section 254f1 and any order pursuant to section 254f5 shall be issued on the earlier of—', 113:'‘‘a 10 days, not including weekends and holidays, for the congressional budget office and 15 days, not including weekends and', 114:'holidays, for the office of management and budget and the president, after the enactment into law of annual fullyear appropriations', 115:'for all budget accounts that normally receive such annual appropriations or the enactment of the applicable fullyear appropriations acts without', 116:'any provision for such accounts; or ‘‘b april 30, 2024. ‘‘3 reversal.—if, after january 1, 2024, there are enacted into', 117:'law each of the full year discretionary appropriation acts, then the adjustment to the applicable discretionary spending limits in paragraph', 118:'1 shall have no force or effect, and the discretionary spending limits for the revised security category and revised nonsecurity', 119:'category for the applicable fiscal year shall be such limits as in effect on december 31 of the applicable fiscal', 120:'year. ‘‘e revised discretionary spending limits for fiscal year 2025.— 137 stat. 15 applicability. time periods. time periods. 2 usc', 121:'901. 137 stat. 16 public law 118–5—jun. 3, 2023 ‘‘1 in general.—subject to paragraph 3, if on or after january', 122:'1, 2025, there is in effect an act making continuing appropriations for part of fiscal year 2025 for any discretionary', 123:'budget account, the discretionary spending limits specified in subsection c10 for fiscal year 2025 shall be adjusted in the final', 124:'sequestration report, in accordance with paragraph 2, as follows: ‘‘a for the revised security category, the amount calculated for such', 125:'category in section d1a; and ‘‘b for the revised nonsecurity category, the amount calculated for each category in section d1b.', 126:'‘‘2 final report; sequestration order.—if the condi tions specified in paragraph 1 are met during fiscal year 2025, the final', 127:'sequestration report for such fiscal year pursuant to section 254f1 and any order pursuant to section 254f5 shall be issued', 128:'on the earlier of— ‘‘a 10 days, not including weekends and holidays, for the congressional budget office, and 15 days,', 129:'not including weekends and holidays, for the office of management and budget and the president, after the enactment into law', 130:'of annual fullyear appropriations for all budget accounts that normally receive such annual appropriations or the enactment of the applicable', 131:'fullyear appropriations acts without any provision for such accounts; or ‘‘b april 30, 2025. ‘‘3 reversal.—if, after january 1, 2025,', 132:'there are enacted into law each of the full year discretionary appropriation acts, then the adjustment to the applicable discretionary', 133:'spending limits in paragraph 1 shall have no force or effect, and the discretionary spending limits for the revised security', 134:'category and revised nonsecurity category for the applicable fiscal year shall be such limits as in effect on december 31', 135:'of the applicable fiscal year.’’. sec. 103. budgetary treatment of previously enacted emergency requirements. a in general.—notwithstanding section 905c of', 136:'division j of public law 117–58 and section 23005c of division b of public law 117–159, rule 3 of the', 137:'budget scorekeeping guidelines set forth in the joint explanatory statement of the committee of conference accompanying conference report 105–217, and', 138:'sections 250c7 and c8 of the balanced budget and emergency deficit control act of 1985, the budgetary effects for any', 139:'fiscal year for the amounts specified in subsection b shall not count for purposes of section 251 of such act.', 140:'b amounts.—the amounts specified in this subsection are— 1 amounts designated by the congress as being for an emergency requirement', 141:'pursuant to section 4001a1 and section 4001b of s. con. res. 14 117th congress, the concurrent resolution on the budget', 142:'for fiscal year 2022, in division b of the bipartisan safer communities act public law 117– 159; 2 amounts designated', 143:'by the congress as an emergency requirement pursuant to section 251b of the balanced budget and emergency deficit control act', 144:'of 1985 in division j of the infrastructure investment and jobs act public law 117– 58; and public law 118–5—jun.', 145:'3, 2023 3 amounts designated by the congress as being for an emergency requirement pursuant to section 4001a1 and section', 146:'4001b of s. con. res. 14 117th congress, the concurrent resolution on the budget for fiscal year 2022, and section', 147:'1e of h. res. 1151 117th congress in section 443b in division g of the consolidated appropriations act, 2023 public', 148:'law 117–328. title ii—budget enforcement in the house of representatives sec. 111. authority for fiscal year 2024 budget resolution in', 149:'the house of representatives. a fiscal year 2024.—for the purpose of enforcing the congressional budget act of 1974 for fiscal', 150:'year 2024, the allocations, aggregates, and levels provided for in subsection b shall apply in the house of representatives in', 151:'the same manner as for a concurrent resolution on the budget for fiscal year 2024 with appropriate budgetary levels for', 152:'fiscal year 2024 and for fiscal years 2025 through 2033. b committee allocations, aggregates, and levels.—in the house of representatives,', 153:'the chair of the committee on the budget shall submit a statement for publication in the congressional record as soon', 154:'as practicable containing— 1 for the committee on appropriations, committee allocations for fiscal year 2024 consistent with discretionary spending limits', 155:'set forth in section 251c9 of the balanced budget and emergency deficit control act of 1985, as added by this', 156:'act, and the outlays flowing therefrom, and committee allocations for fiscal year 2024 for current law mandatory budget authority and', 157:'outlays, for the purpose of enforcing section 302 of the congressional budget act of 1974; 2 for all committees of', 158:'the house of representatives other than the committee on appropriations, committee allocations for fiscal year 2024 and for the period', 159:'of fiscal years 2025 through 2033 consistent with the most recent baseline of the congressional budget office, as adjusted, to', 160:'the extent practicable, for the budgetary effects of any provision of law enacted during the period beginning on the date', 161:'such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section', 162:'302 of the congressional budget act of 1974; 3 aggregate spending levels for fiscal year 2024 in accordance with the', 163:'allocations established under paragraphs 1 and 2, for the purpose of enforcing section 311 of the congressional budget act of', 164:'1974; and 4 aggregate revenue levels for fiscal year 2024 and for the period of fiscal years 2025 through 2033', 165:'consistent with the most recent baseline of the congressional budget office, as adjusted, to the extent practicable, for the budgetary', 166:'effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending', 167:'on the date of submission of such statement, for the purpose of enforcing section 311 of the congressional budget act', 168:'of 1974. 137 stat. 17 time periods. applicability. congressional record, publication. 137 stat. 18 congressional record, publication. public law 118–5—jun.', 169:'3, 2023 c adjustments.—the chair of the committee on the budget of the house of representatives may adjust the allocations,', 170:'aggregates, and other budgetary levels included in the statement referred to in subsection b— 1 to reflect changes resulting from', 171:'the congressional budget office’s updates to its baseline for fiscal years 2024 through 2033; or 2 for any bill, joint', 172:'resolution, amendment, or conference report by the amounts provided in such measure if such measure would not increase the deficit', 173:'for either of the following time periods: fiscal year 2024 to fiscal year 2028 or fiscal year 2024 to fiscal', 174:'year 2033. d expiration.—subsections a through c shall no longer apply if a concurrent resolution on the budget for fiscal', 175:'year 2024 is agreed to by the senate and house of representatives. sec. 112. limitation on advance appropriations in the', 176:'house of representatives. a in general.—in the house of representatives, except as provided in subsection b, any general appropriation bill', 177:'or bill or joint resolution continuing appropriations, or amendment thereto or conference report thereon, may not provide an advance appropriation.', 178:'b exceptions.—an advance appropriation may be provided for programs, activities or accounts identified in lists submitted for printing in the', 179:'congressional record by the chair of the committee on the budget— 1 for fiscal year 2025, under the heading ‘‘accounts', 180:'identified for advance appropriations’’ in an aggregate amount not to exceed $28,852,000,000 in new budget authority; 2 for fiscal year', 181:'2025, under the heading ‘‘veterans accounts identified for advance appropriations’’; and 3 for fiscal year 2025, under the heading ‘‘indian', 182:'health accounts identified for advance appropriations’’ in an aggregate amount not to exceed the total budget authority provided for such', 183:'accounts for fiscal year 2024 in bills or joint resolutions making appropriations for fiscal year 2024. c definition.—the term ‘‘advance', 184:'appropriation’’ means any new discretionary budget authority provided in a general appropriation bill or bill or joint resolution continuing appropriations', 185:'for fiscal year 2024, or any amendment thereto or conference report thereon, that first becomes available following fiscal year 2024.', 186:'d expiration.—the preceding subsections of this section shall expire if a concurrent resolution on the budget for fiscal year 2024', 187:'is agreed to by the senate and the house of representatives pursuant to section 301 of the congressional budget act', 188:'of 1974. sec. 113. exercise of rulemaking powers. this title is enacted by the house of representatives— 1 as an', 189:'exercise of the rulemaking power of the house, and as such shall be considered as part of the rules of', 190:'the house, and such rules shall supersede other rules only to the extent that it is inconsistent therewith; and 2', 191:'with full recognition of the constitutional right of the house to change such rules so far as relating to the', 192:'house at any time, in the same manner, and to the same extent as in the case of any other', 193:'rule of the house. public law 118–5—jun. 3, 2023 137 stat. 19 title iii—budget enforcement in the senate sec. 121.', 194:'authority for fiscal year 2024 budget resolution in the senate. a fiscal year 2024.—for the purpose of enforcing the congressional', 195:'budget act of 1974 2 u.s.c. 621 et seq. and enforcing budgetary points of order in prior concurrent resolutions on', 196:'the budget, the allocations, aggregates, and levels provided for in subsection b shall apply in the senate in the same', 197:'manner as for a concurrent resolution on the budget for fiscal year 2024 with appropriate budgetary levels for fiscal year', 198:'2024 and for fiscal years 2025 through 2033. b committee allocations, aggregates, and levels.—the chairman of the committee on the', 199:'budget of the senate shall submit a statement for publication in the congressional record as soon as practicable after the', 200:'date of enactment of this act that includes— 1 for the committee on appropriations of the senate, committee allocations for', 201:'fiscal year 2024 consistent with the discretionary spending limits set forth in section 251c of the balanced budget and emergency', 202:'deficit control act of 1985, as amended by this act, and the outlays flowing therefrom, for the purpose of enforcing', 203:'section 302 of the congressional budget act of 1974; 2 for all committees other than the committee on appropriations, committee', 204:'allocations for fiscal years 2024, 2024 through 2028, and 2024 through 2033, consistent with the may 2023 baseline of the', 205:'congressional budget office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on', 206:'the date such baseline was issued and ending on the date of submission of such statement, for the purpose of', 207:'enforcing section 302 of the congressional budget act of 1974 2 u.s.c. 633; 3 aggregate spending levels for fiscal year', 208:'2024 in accordance with the allocations established under paragraphs 1 and 2, for the purpose of enforcing section 311 of', 209:'the congressional budget act of 1974 2 u.s.c. 642; 4 aggregate revenue levels for fiscal years 2024, 2024 through 2028,', 210:'and 2024 through 2033, consistent with the may 2023 baseline of the congressional budget office, as adjusted for the budgetary', 211:'effects of any provision of law enacted during the period beginning on the date such baseline was issued and ending', 212:'on the date of submission of such statement, for the purpose of enforcing section 311 of the congressional budget act', 213:'of 1974 2 u.s.c. 642; 5 levels of social security revenues and outlays for fiscal years 2024, 2024 through 2028,', 214:'and 2024 through 2033, consistent with the may 2023 baseline of the congressional budget office, as adjusted for the budgetary', 215:'effects of any provision of law enacted during the period beginning on the date such baseline was issued and ending', 216:'on the date of submission of such statement, for the purpose of enforcing sections 302 and 311 of the congressional', 217:'budget act of 1974 2 u.s.c. 633, 642; and applicability. congressional record, publication. time periods. 137 stat. 20 public law', 218:'118–5—jun. 3, 2023 6 a statement under the heading ‘‘accounts identified for advance appropriations’’ for the purpose of enforcing section', 219:'123 of this title. c additional matter.—the statement referred to in subsection b may also include for fiscal year 2024', 220:'the deficitneutral reserve fund in section 3003 of s. con. res. 14 117th congress, the concurrent resolution on the budget', 221:'for fiscal year 2022, updated by 2 fiscal years. d expiration.—this section shall expire if a concurrent resolution on the', 222:'budget for fiscal year 2024 is agreed to by the senate and the house of representatives pursuant to section 301', 223:'of the congressional budget act of 1974 2 u.s.c. 632. time periods. applicability. deadline. congressional record, publication. sec. 122. authority', 224:'for fiscal year 2025 budget resolution in the senate. a fiscal year 2025.—for the purpose of enforcing the congressional budget', 225:'act of 1974 2 u.s.c. 621 et seq., after april 15, 2024, and enforcing budgetary points of order in prior', 226:'concurrent resolutions on the budget, the allocations, aggregates, and levels provided for in subsection b shall apply in the senate', 227:'in the same manner as for a concurrent resolution on the budget for fiscal year 2025 with appropriate budgetary levels', 228:'for fiscal year 2025 and for fiscal years 2026 through 2034. b committee allocations, aggregates, and levels.—after april 15, 2024,', 229:'but not later than may 15, 2024, the chairman of the committee on the budget of the senate shall submit', 230:'a statement for publication in the congressional record that includes— 1 for the committee on appropriations of the senate, committee', 231:'allocations for fiscal year 2025 consistent with the discretionary spending limits set forth in section 251c of the balanced budget', 232:'and emergency deficit control act of 1985, as amended by this act, and the outlays flowing therefrom, for the purpose', 233:'of enforcing section 302 of the congressional budget act of 1974 2 u.s.c. 633; 2 for all committees other than', 234:'the committee on appropriations, committee allocations for fiscal years 2025, 2025 through 2029, and 2025 through 2034 consistent with the', 235:'most recent baseline of the congressional budget office, as adjusted for the budgetary effects of any provision of law enacted', 236:'during the period beginning on the date such baseline is issued and ending on the date of submission of such', 237:'statement, for the purpose of enforcing section 302 of the congressional budget act of 1974 2 u.s.c. 633; 3 aggregate', 238:'spending levels for fiscal year 2025 in accordance with the allocations established under paragraphs 1 and 2, for the purpose', 239:'of enforcing section 311 of the congressional budget act of 1974 2 u.s.c. 642; 4 aggregate revenue levels for fiscal', 240:'years 2025, 2025 through 2029, and 2025 through 2034 consistent with the most recent baseline of the congressional budget office,', 241:'as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such', 242:'baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 311', 243:'of the congressional budget act of 1974 2 u.s.c. 642; public law 118–5—jun. 3, 2023 137 stat. 21 5 levels', 244:'of social security revenues and outlays for fiscal years 2025, 2025 through 2029, and 2025 through 2034 consistent with the', 245:'most recent baseline of the congressional budget office, as adjusted for the budgetary effects of any provision of law enacted', 246:'during the period beginning on the date such baseline is issued and ending on the date of submission of such', 247:'statement, for the purpose of enforcing sections 302 and 311 of the congressional budget act of 1974 2 u.s.c. 633,', 248:'642; and 6 a statement under the heading ‘‘accounts identified for advance appropriations’’ for the purpose of enforcing section 123', 249:'of this title. c additional matter.—the statement referred to in subsection b may also include for fiscal year 2025 the', 250:'deficitneutral reserve fund in section 3003 of s. con. res. 14 117th congress, the concurrent resolution on the budget for', 251:'fiscal year 2022, updated by 3 fiscal years. d expiration.—this section shall expire if a concurrent resolution on the budget', 252:'for fiscal year 2025 is agreed to by the senate and the house of representatives pursuant to section 301 of', 253:'the congressional budget act of 1974 2 u.s.c. 632. sec. 123. limitation on advance appropriations in the senate. a point', 254:'of order against advance appropriations in the senate.— 1 in general.— a point of order.—except as provided in paragraph 2,', 255:'it shall not be in order in the senate to consider any bill, joint resolution, motion, amendment, amendment between the', 256:'houses, or conference report that would provide an advance appropriation for a discretionary account. b definition.—in this subsection, the term', 257:'‘‘advance appropriation’’ means any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2024', 258:'that first becomes available for any fiscal year after 2024 or any new budget authority provided in a bill or', 259:'joint resolution making appropriations for fiscal year 2025 that first becomes available for any fiscal year after 2025. 2 exceptions.—advance', 260:'appropriations may be protime periods. vided— a for fiscal years 2025 and 2026, for programs, projects, activities, or accounts identified', 261:'in a statement submitted to the congressional record by the chairman of the committee on the budget of the senate', 262:'under the heading ‘‘accounts identified for advance appropriations’’ in an aggregate amount not to exceed $28,852,000,000 in new budget authority', 263:'in each fiscal year; b for the corporation for public broadcasting; c for the department of veterans affairs for the', 264:'medical services, medical support and compliance, veterans medical community care, and medical facilities accounts of the veterans health administration; and', 265:'d for the department of health and human services for the indian health services and indian health facilities accounts— 137', 266:'stat. 22 public law 118–5—jun. 3, 2023 i for fiscal year 2025, in an amount that is not more than', 267:'the amount provided for fiscal year 2024 in a bill or joint resolution making appropriations for fiscal year 2023 or', 268:'2024 for programs, projects, and activities that are not prohibited from using amounts provided for fiscal year 2024 in a', 269:'bill or joint resolution making appropriations for fiscal year 2023; and ii for fiscal year 2026, in an amount that', 270:'is not more than the amount provided for fiscal year 2025 in a bill or joint resolution making appropriations for', 271:'fiscal year 2024 or 2025 for programs, projects, and activities that are not prohibited from using amounts provided for fiscal', 272:'year 2025 in a bill or joint resolution making appropriations for fiscal year 2024. 3 supermajority waiver and appeal.— a', 273:'waiver.—in the senate, paragraph 1 may be waived or suspended only by an affirmative vote of three fifths of the', 274:'members, duly chosen and sworn. b appeal.—an affirmative vote of threefifths of the members of the senate, duly chosen and', 275:'sworn, shall be required to sustain an appeal of the ruling of the chair on a point of order raised', 276:'under paragraph 1. 4 form of point of order.—a point of order under paragraph 1 may be raised by a', 277:'senator as provided in section 313e of the congressional budget act of 1974 2 u.s.c. 644e. 5 conference reports.—when the', 278:'senate is considering a conference report on, or an amendment between the houses in relation to, a bill or joint', 279:'resolution, upon a point of order being made by any senator pursuant to this subsection, and such point of order', 280:'being sustained, such material contained in such conference report or amendment between the houses shall be stricken, and the senate', 281:'shall proceed to consider the question of whether the senate shall recede from its amendment and concur with a further', 282:'amendment, or concur in the house amendment with a further amendment, as the case may be, which further amendment shall', 283:'consist of only that portion of the conference report or house amendment, as the case may be, not so stricken.', 284:'any such motion in the senate shall be debatable. in any case in which such point of order is sustained', 285:'against a conference report or senate amendment derived from such conference report by operation of this paragraph, no further amendment', 286:'shall be in order. b expiration.—subsection a shall terminate on the date on which a concurrent resolution on the budget', 287:'for fiscal year 2024 or for fiscal year 2025 is agreed to by the senate and house of representatives pursuant', 288:'to section 301 of the congressional budget act of 1974 2 u.s.c. 632. sec. 124. exercise of rulemaking powers. this', 289:'title is enacted by the senate— 1 as an exercise of the rulemaking power of the senate, and as such', 290:'shall be considered as part of the rules of the senate, and such rules shall supersede other rules only to', 291:'the extent that it is inconsistent therewith; and public law 118–5—jun. 3, 2023 137 stat. 23 2 with full recognition', 292:'of the constitutional right of the senate to change such rules so far as relating to the senate at any', 293:'time, in the same manner, and to the same extent as in the case of any other rule of the', 294:'senate. division b—save taxpayer dollars title i—rescission of unobligated funds sec. 1. each rescission made by this title shall be', 295:'applied to the unobligated balances for each applicable appropriation as of the date of enactment of this title. sec. 2.', 296:'the unobligated balances from the following appropriations, in the following amounts and subject to the conditions specified below, are hereby', 297:'permanently rescinded: 1 all of the unobligated balances of funds made available under the heading ‘‘public health and social services', 298:'emergency fund’’ in title iii of division a of public law 116– 123, including any funds transferred from such heading', 299:'that remain unobligated, with the exception of $59,000,000. 2 all of the unobligated balances of funds made available under the', 300:'heading ‘‘public health and social services emergency fund’’ in title v of division a of public law 116–127, including any', 301:'funds transferred from such heading that remain unobligated. 3 all of the unobligated balances of funds made available under the', 302:'heading ‘‘public health and social services emergency fund’’ in title viii of division b of public law 116– 136, including', 303:'any funds transferred from such heading that remain unobligated, with the exception of $2,127,000,000 and— a any funds that were', 304:'transferred and merged with the covered countermeasure process fund authorized by section 319f–4 of the public health service act; and', 305:'b any funds that were transferred and merged with funds made available under the heading ‘‘office of the secretary—office of', 306:'inspector general’’ pursuant to section 18113 of title viii of division b of public law 116–136. 4 all of the', 307:'unobligated balances of funds made available in the first paragraph under the heading ‘‘public health and social services emergency fund’’', 308:'in title i of division b of public law 116–139, including any funds transferred from such heading that remain unobligated,', 309:'with the exception of $300,000,000, which shall remain available for necessary expenses for program administration and oversight. 5 all of', 310:'the unobligated balances of funds made available in the second paragraph under the heading ‘‘public health and social services emergency', 311:'fund’’ in title i of division b of public law 116–139, including any funds transferred from such heading that remain', 312:'unobligated, with the exception of $243,000,000 and any funds that were transferred and merged with funds made available under the', 313:'heading ‘‘office of the secretary—office of inspector general’’ pursuant to section 103 of title i of division b of public', 314:'law 116–139. 6 all of the unobligated balances of funds made available under the heading ‘‘public health and social services', 315:'emergency fund’’ in title iii of division m of public law 116– applicability. 137 stat. 24 public law 118–5—jun. 3,', 316:'2023 260, including any funds transferred from such heading that remain unobligated, with the exception of $205,000,000. 7 all of', 317:'the unobligated balances of funds made available under the heading ‘‘centers for disease control and preven tion—cdc–wide activities and program', 318:'support’’ in title iii of division a of public law 116–123, including any funds transferred from such heading that remain', 319:'unobligated, with the exception of $195,000,000 and any funds that were transferred and merged with the infectious diseases rapid response', 320:'reserve fund established by section 231 of division b of public law 115–245. 8 all of the unobligated balances of', 321:'funds made available under the heading ‘‘centers for disease control and preven tion—cdc–wide activities and program support’’ in title viii', 322:'of division b of public law 116–136, including any funds transferred from such heading that remain unobligated, with the exception', 323:'of $446,000,000 and any funds that were transferred and merged with the infectious diseases rapid response reserve fund established by', 324:'section 231 of division b of public law 115–245. 9 all of the unobligated balances of funds made available under', 325:'the heading ‘‘centers for disease control and preven tion—cdc–wide activities and program support’’ in title iii of division m of', 326:'public law 116–260, including any funds transferred from such heading that remain unobligated, with the exception of $177,000,000. 10 all', 327:'of the unobligated balances of funds made available under the heading ‘‘national institutes of health—national institute of allergy and infectious', 328:'diseases’’ in title iii of division a of public law 116–123, including any funds transferred from such heading that remain', 329:'unobligated. 11 all of the unobligated balances of funds made available to ‘‘centers for medicare & medicaid services—program management’’ in', 330:'title viii of division b of public law 116– 136. 12 all of the unobligated balances of funds made available', 331:'by section 2301 of public law 117–2, with the exception of $103,000,000. 13 all of the unobligated balances of funds', 332:'made available by section 2302 of public law 117–2. 14 all of the unobligated balances of funds made available by', 333:'section 2303 of public law 117–2, with the exception of $69,000,000. 15 all of the unobligated balances of funds made', 334:'available by section 2401 of public law 117–2, with the exception of $7,323,000,000. 16 all of the unobligated balances of', 335:'funds made available by section 2402 of public law 117–2, with the exception of $714,000,000. 17 all of the unobligated', 336:'balances of funds made available by section 2403 of public law 117–2. 18 all of the unobligated balances of funds', 337:'made available by section 2501 of public law 117–2. 19 all of the unobligated balances of funds made available by', 338:'section 2502 of public law 117–2. 20 all of the unobligated balances of funds made available by section 2601 of', 339:'public law 117–2. public law 118–5—jun. 3, 2023 137 stat. 25 21 all of the unobligated balances of funds made', 340:'available by section 2602 of public law 117–2. 22 all of the unobligated balances of funds made available by section', 341:'2603 of public law 117–2. 23 all of the unobligated balances of funds made available by section 2604 of public', 342:'law 117–2. 24 all of the unobligated balances of funds made available by section 2605 of public law 117–2. 25', 343:'all of the unobligated balances of funds made available by section 2703 of public law 117–2. 26 all of the', 344:'unobligated balances of funds made available by section 2704 of public law 117–2. 27 all of the unobligated balances of', 345:'funds made available by section 2705 of public law 117–2. 28 all of the unobligated balances of funds made available', 346:'by section 2711 of public law 117–2. 29 all of the unobligated balances of funds made available by section 2712', 347:'of public law 117–2. 30 all of the unobligated balances of funds made available by section 2801 of public law', 348:'117–2. 31 all of the unobligated balances of funds made available by section 3101 of public law 117–2, with the', 349:'exception of $793,000,000. 32 all of the unobligated balances of funds made available by section 511aa of the social security', 350:'act, as added by section 9101 of public law 117–2. 33 all of the unobligated balances of funds made available', 351:'by section 1150ca of the social security act, as added by section 9911 of public law 117–2. 34 all of', 352:'the unobligated balances of funds made available by section 1947e of the social security act, as added by section 9813', 353:'of public law 117–2. 35 all of the unobligated balances of funds made available by section 1862g2 of the social', 354:'security act, as added by section 9401 of public law 117–2. sec. 3. the unobligated balances of amounts made available', 355:'under the heading ‘‘agricultural programs—office of the secretary’’ in title i of division b of public law 116–136 are hereby', 356:'permanently rescinded. sec. 4. the unobligated balances of amounts made available by section 751 in title vii of division n', 357:'of public law 116–260 are hereby permanently rescinded, except for funds made available by section 601 of division hh of', 358:'public law 117–328. sec. 5. the unobligated balances of amounts made available by section 753 in title vii of division', 359:'n of public law 116–260 are hereby permanently rescinded. sec. 6. the unobligated balances of amounts made available by section', 360:'754 in title vii of division n of public law 116–260 are hereby permanently rescinded. sec. 7. the unobligated balances', 361:'of amounts made available by section 762i in title vii of division n of public law 116– 260 are hereby', 362:'permanently rescinded. sec. 8. the unobligated balances of amounts made available by section 764f in title vii of division n', 363:'of public law 116– 260 are hereby permanently rescinded. 137 stat. 26 public law 118–5—jun. 3, 2023 sec. 9. the', 364:'unobligated balances of amounts made available by section 1001 of public law 117–2 are hereby permanently rescinded. sec. 10. of', 365:'the unobligated balances of amounts made available by section 4027 of title iv of division a of public law 116–136,', 366:'$200,000,000 are hereby permanently rescinded. sec. 11. of the unobligated balances of amounts made available by section 4120 of title', 367:'iv of division a of public law 116–136, $295,000,000 are hereby permanently rescinded. sec. 12. the unobligated balances of amounts', 368:'made available by section 7301c of public law 117–2 are hereby permanently rescinded. sec. 13. the unobligated balances of amounts', 369:'made available by section 104am of the community development banking and financial institutions act of 1994 12 u.s.c. 4701 et', 370:'seq., as added by section 522 of title v of division n of public law 116– 260 are hereby permanently', 371:'rescinded, with the exception of $284,500,000, which shall remain available for necessary expenses associated with the making of awards announced', 372:'prior to the enactment of this act. sec. 14. of the unobligated balances of amounts made available by section 3301a2a', 373:'of public law 117–2, $150,000,000 are hereby permanently rescinded. sec. 15. the unobligated balances of amounts made available by section', 374:'411 in subtitle a of title iv of division n of public law 116–260 are hereby permanently rescinded. sec. 16.', 375:'the unobligated balances of amounts made available by subsection a of section 2206 of public law 117–2 are hereby permanently', 376:'rescinded, with the exception of amounts allocated under paragraphs 6 and 7 of subsection b of such section. sec. 17.', 377:'the unobligated balances of amounts made available by section 2001 of public law 117–2 are hereby permanently rescinded. sec. 18.', 378:'the unobligated balances of amounts made available by section 2002 of public law 117–2 are hereby permanently rescinded. sec. 19.', 379:'the unobligated balances of amounts made available by section 2003 of public law 117–2 are hereby permanently rescinded. sec. 20.', 380:'the unobligated balances of amounts made available under the heading ‘‘federal highway administration—highway infrastructure programs’’ in title iv of division', 381:'m of public law 116–260 are hereby permanently rescinded. sec. 21. the unobligated balances of amounts made available by section', 382:'7202a of public law 117–2 are hereby permanently rescinded. sec. 22. the unobligated balances of amounts made available by sections', 383:'5002b and 5006a2 of public law 117–2, including any amounts transferred and merged with ‘‘small business administration—disaster loans program account’’', 384:'pursuant to section 90007b2a of public law 117–58 that remain unobligated, are hereby permanently rescinded. sec. 23. the unobligated balances', 385:'of amounts made available under the heading ‘‘independent agencies—small business administration—disaster loans program account’’ in title ii of division b', 386:'of public law 116–139 are hereby permanently rescinded. public law 118–5—jun. 3, 2023 137 stat. 27 sec. 24. of the', 387:'unobligated balances of amounts made available by section 2118a of title ii of division a of public law 116– 136,', 388:'as added by section 9032 of public law 117–2, $1,000,000,000 are hereby permanently rescinded. sec. 25. the unobligated balances of', 389:'amounts made available under the heading ‘‘department of housing and urban development— public and indian housing—tenantbased rental assistance’’ in title', 390:'xii of division b of public law 116–136 are hereby permanently rescinded. sec. 26. the unobligated balances of amounts made', 391:'available under the heading ‘‘department of housing and urban development— public and indian housing—native american programs’’ in title xii of', 392:'division b of public law 116–136 are hereby permanently rescinded. sec. 27. the unobligated balances of amounts made available under', 393:'the heading ‘‘department of housing and urban develop ment—housing programs—housing for persons with disabilities’’ in title xii of division b', 394:'of public law 116–136 are hereby permanently rescinded. sec. 28. the unobligated balances of amounts made available under the heading', 395:'‘‘department of housing and urban develop ment—housing programs—projectbased rental assistance’’ in title xii of division b of public law 116–136', 396:'are hereby permanently rescinded. sec. 29. the unobligated balances of amounts made available under the heading ‘‘department of housing and', 397:'urban develop ment—housing programs—housing for the elderly’’ in title xii of division b of public law 116–136 are hereby permanently', 398:'rescinded. sec. 30. the unobligated balances of amounts made available by section 3208a of public law 117–2 are hereby permanently', 399:'rescinded. sec. 31. the unobligated balances of amounts made available under the heading ‘‘department of transportation—office of the secretary—salaries and', 400:'expenses’’ in title xii of division b of public law 116–136 are hereby permanently rescinded. sec. 32. the unobligated balances', 401:'of amounts made available under the heading ‘‘department of transportation—office of the secretary—essential air service’’ in title xii of division', 402:'b of public law 116–136 are hereby permanently rescinded. sec. 33. the unobligated balances of amounts made available under the', 403:'heading ‘‘department of transportation—federal aviation administration—grantsinaid for airports’’ in title xii of division b of public law 116–136 are hereby', 404:'permanently rescinded. sec. 34. the unobligated balances of amounts made available by section 7101 of public law 117–2 are hereby', 405:'permanently rescinded. sec. 35. the unobligated balances of amounts made available by section 7102a1 of public law 117–2 are hereby', 406:'permanently rescinded. sec. 36. the unobligated balances of amounts made available by section 501a1 of title v of division n', 407:'of public law 116– 260 are hereby permanently rescinded. sec. 37. the unobligated balances of amounts made available by section', 408:'9601d1 of public law 117–2 are hereby permanently rescinded. 137 stat. 28 public law 118–5—jun. 3, 2023 sec. 38. the', 409:'unobligated balances of amounts made available by section 4009 of public law 117–2 are hereby permanently rescinded. sec. 39. the', 410:'unobligated balances of amounts made available under the heading ‘‘department of justice—general administration— justice information sharing technology’’ in title ii', 411:'of division b of public law 116–136 are hereby permanently rescinded. sec. 40. of the unobligated balances of amounts made', 412:'available under the heading ‘‘department of defense—procurement—defense production act purchases’’ in title iii of division b of public law 116–136,', 413:'$61,381,230 are hereby permanently rescinded. sec. 41. the unobligated balances of amounts made available under the heading ‘‘department of state—administration', 414:'of foreign affairs—diplomatic programs’’ in title xi of division b of public law 116–136 and subsequently transferred to the department', 415:'of state’s ‘‘educational and cultural exchange programs’’ account are hereby permanently rescinded. sec. 42. the unobligated balances of amounts made', 416:'available under the heading ‘‘bilateral economic assistance—department of state—migration and refugee assistance’’ in title xi of division b of public', 417:'law 116–136 are hereby permanently rescinded. sec. 43. the unobligated balances of amounts made available under the heading ‘‘bilateral economic', 418:'assistance—funds appropriated to the president—international disaster assistance’’ in title xi of division b of public law 116–136 are hereby permanently', 419:'rescinded. sec. 44. the unobligated balances of amounts made available under the heading ‘‘department of state—administration of foreign affairs—sudan claims’’', 420:'in title ix of division k of public law 116–260 are hereby permanently rescinded. sec. 45. the unobligated balances of', 421:'amounts made available under the heading ‘‘bilateral economic assistance—funds appropriated to the president—economic support fund’’ in title ix of division', 422:'k of public law 116–260 are hereby permanently rescinded. sec. 46. the unobligated balances of amounts made available under the', 423:'heading ‘‘federal communications commission—salaries and expenses’’ in title v of division b of public law 116–136 are hereby permanently rescinded.', 424:'sec. 47. the unobligated balances of amounts made available under the heading ‘‘independent agencies—small business administration—emergency eidl grants’’ in title', 425:'ii of division b of public law 116–139 are hereby permanently rescinded. sec. 48. the unobligated balances of amounts made', 426:'available by section 323d1b of title iii of division n of public law 116–260 are hereby permanently rescinded. sec. 49.', 427:'the unobligated balances of amounts made available by section 323d1ei of title iii of division n of public law 116–260', 428:'are hereby permanently rescinded. sec. 50. the unobligated balances of amounts made available by section 902c5 of title ix of', 429:'division n of public law 116– 260 are hereby permanently rescinded. sec. 51. the unobligated balances of amounts made available', 430:'by section 905b of title ix of division n of public law 116– 260 are hereby permanently rescinded. sec. 52.', 431:'the unobligated balances of amounts made available by section 5003b2a of public law 117–2 are hereby perma nently rescinded. public', 432:'law 118–5—jun. 3, 2023 137 stat. 29 sec. 53. the unobligated balances of amounts described in the tenth proviso under', 433:'the heading ‘‘administration for children and families—payments to states for the child care and development block grant’’ in title iii', 434:'of division m of public law 116– 260 are hereby permanently rescinded. sec. 54. the unobligated balances of amounts made', 435:'available by section 2201b of public law 117–2 are hereby permanently rescinded. sec. 55. the unobligated balances of amounts made', 436:'available by section 2204d1 of public law 117–2, including any amounts made available by amendments made by such section, are', 437:'hereby permanently rescinded. sec. 56. the unobligated balances of amounts made available by section 2205 of public law 117–2 are', 438:'hereby permanently rescinded. sec. 57. the unobligated balances of amounts made available by section 2912a of public law 117–2 are', 439:'hereby permanently rescinded. sec. 58. the unobligated balances of amounts made available by section 403c of the social security act,', 440:'as added by section 9201 of public law 117–2 are hereby permanently rescinded. sec. 59. the unobligated balances of amounts', 441:'made available by section 816f of the native american programs act of 1974 42 u.s.c. 2992df, as added by section', 442:'11004 of public law 117–2, are hereby permanently rescinded. sec. 60. the unobligated balances of amounts made available under the', 443:'heading ‘‘rural development programs—rural utilities service—distance learning, telemedicine, and broadband program’’ in title i of division b of public law', 444:'116–136 are hereby permanently rescinded. sec. 61. the unobligated balances of amounts made available by section 752 of title vii', 445:'of division n of public law 116–260 are hereby permanently rescinded. sec. 62. the unobligated balances of amounts made available', 446:'by section 1002c of public law 117–2, are hereby permanently rescinded. sec. 63. the unobligated balances of amounts made available', 447:'by section 3207a of public law 117–2 are hereby permanently rescinded. sec. 64. the unobligated balances of amounts made available', 448:'under the heading ‘‘department of energy—energy programs— science’’ in title iv of division b of public law 116–136 are hereby', 449:'permanently rescinded. sec. 65. the unobligated balances of amounts made available by section 6003 of public law 117–2 are hereby', 450:'permanently rescinded. sec. 66. the unobligated balances of amounts made available by section 11002a of public law 117–2 are hereby', 451:'permanently rescinded. sec. 67. the unobligated balances of amounts made available under the heading ‘‘department of education—departmental management—program administration’’ in', 452:'title iii of division m of public law 116–260 are hereby permanently rescinded. sec. 68. the unobligated balances of amounts', 453:'made available by section 2007 of public law 117–2 are hereby permanently rescinded. 137 stat. 30 public law 118–5—jun. 3,', 454:'2023 sec. 69. the unobligated balances of amounts made available by section 2010 of public law 117–2 are hereby permanently', 455:'rescinded. sec. 70. the unobligated balances of amounts made available by section 2011 of public law 117–2 are hereby permanently', 456:'rescinded. sec. 71. the unobligated balances of amounts made available by section 11006 of public law 117–2 are hereby permanently', 457:'rescinded. sec. 72. of the unobligated balances of amounts made available by section 6002a of public law 117–2, all but', 458:'$22,000,000 are hereby permanently rescinded. sec. 73. the unobligated balances of amounts made available by section 2101a of public law', 459:'117–2 are hereby permanently rescinded, with the exception of $1,892,718 for the office of the solicitor within the departmental management', 460:'account and amounts allocated for the office of inspector general under paragraph 2 of subsection b of such section. sec.', 461:'74. the unobligated balances of amounts made available by section 2110g of public law 116–136, as amended, are hereby permanently', 462:'rescinded. sec. 75. the unobligated balances of amounts made available under the heading ‘‘general services administration—general activities—federal citizen services fund’’', 463:'in title v of division b of public law 116–136 are hereby permanently rescinded. sec. 76. the unobligated balances of', 464:'amounts made available by section 2021 of public law 117–2 are hereby permanently rescinded. sec. 77. the unobligated balances of', 465:'amounts made available by section 2022 of public law 117–2 are hereby permanently rescinded. sec. 78. the unobligated balances of', 466:'amounts made available by section 2023 of public law 117–2 are hereby permanently rescinded. sec. 79. the unobligated balances of', 467:'amounts made available by section 2c2dv of the railroad unemployment insurance act 45 u.s.c. 352c2dv, as amended, are hereby permanently', 468:'rescinded. sec. 80. the unobligated balances of amounts made available by section 2904 of public law 117–2 are hereby permanently', 469:'rescinded, with the exception of $500,000 for the railroad retirement board office of inspector general. sec. 81. the unobligated balances', 470:'of amounts made available by section 7404a of public law 117–2 are hereby permanently rescinded. title ii—family and small business', 471:'taxpayer protection sec. 251. rescission of certain balances made available to the internal revenue service. of the unobligated balances of', 472:'amounts appropriated or otherwise made available for activities of the internal revenue service by paragraphs 1aii, 1aiii, 1b, 2, 3,', 473:'4, and 5 of section 10301 of public law 117–169 commonly known as the public law 118–5—jun. 3, 2023 137', 474:'stat. 31 ‘‘inflation reduction act of 2022’’ as of the date of the enactment of this act, $1,389,525,000 are hereby', 475:'rescinded. title iii—statutory administrative payasyougo sec. 261. short title. this title may be cited as the ‘‘administrative payasyou go act', 476:'of 2023’’. sec. 262. definitions. in this title— 1 the term ‘‘administrative action’’ means a ‘‘rule’’ as defined in section', 477:'8043 of title 5, united states code; 2 the term ‘‘agency’’ means any authority of the united states that is', 478:'an ‘‘agency’’ under section 35021 of title 44, united states code, other than those considered to be independent regulatory agencies,', 479:'as defined in section 35025 of such title; 3 the term ‘‘covered discretionary administrative action’’ means a discretionary administrative action', 480:'that would affect direct spending; 4 the term ‘‘direct spending’’ has the meaning given that term in section 250c of', 481:'the balanced budget and emergency deficit control act of 1985 2 u.s.c. 900c; 5 the term ‘‘director’’ means the director', 482:'of the office of management and budget; 6 the term ‘‘discretionary administrative action’’— a means any administrative action that is', 483:'not required by law; and b includes an administrative action required by law for which an agency has discretion in', 484:'the manner in which to implement the administrative action; and 7 the term ‘‘increase direct spending’’ means that the amount', 485:'of direct spending would increase relative to— a the most recently submitted projection of the amount of direct spending presented', 486:'in baseline estimates as defined in section 257 of the balanced budget and emergency deficit control act of 1985, as', 487:'amended, under— i the budget of the president submitted under section 1105 of title 31, united states code; or ii', 488:'the supplemental summary of the budget submitted under section 1106 of title 31, united states code; b with respect to', 489:'a discretionary administrative action that is incorporated into the applicable projection described in subparagraph a and for which a proposal', 490:'has not been submitted under section 263a2a, a projection of the amount of direct spending if no administrative action were', 491:'taken; or c with respect to a discretionary administrative action described in paragraph 6b, a projection of the amount of', 492:'direct spending under the least costly implementation option reasonably identifiable by the agency that meets the requirements under the statute.', 493:'administrative payasyougo act of 2023. 5 usc 551 note. 137 stat. 32 determinations. review. notice. budget estimate. proposal. projection. consultation.', 494:'deadline. public law 118–5—jun. 3, 2023 sec. 263. requirements for administrative actions that affect direct spending. a discretionary administrative actions.—', 495:'1 in general.—before an agency may finalize any covered discretionary administrative action, the head of the agency shall submit to', 496:'the director for review written notice regarding the covered discretionary administrative action, which shall include an estimate of the budgetary', 497:'effects of the covered discretionary administrative action. 2 increasing direct spending.— a in general.—if the covered discretionary administrative action would', 498:'increase direct spending, the written notice submitted by the head of the agency under paragraph 1 shall include a proposal', 499:'to undertake 1 or more other administrative actions that would provide a reduction in direct spending greater than or equal', 500:'to the increase in direct spending attributable to the covered discretionary administrative action. b review.— i in general.—the director shall', 501:'determine whether the reduction in direct spending in a proposal in a written notice from an agency under subparagraph a', 502:'is greater than or equal to the increase in direct spending attributable to the covered discretionary administrative action to which', 503:'the written notice relates. ii no offset.—if the written notice regarding a proposed covered discretionary administrative action that would increase', 504:'direct spending does not include a proposal to offset the increased direct spending as determined in clause i, the director', 505:'shall return the written notice to the agency for resubmission in accordance with this title. b nondiscretionary actions.—if an agency', 506:'determines that an administrative action that would increase direct spending is required by law and therefore is not a covered', 507:'discretionary administrative action, before the agency finalizes that administrative action, the head of the agency shall— 1 submit to the', 508:'director a written opinion by the general counsel of the agency, or the equivalent employee of the agency, explaining that', 509:'legal conclusion; 2 submit to the director a projection of the amount of direct spending under the least costly implementation', 510:'option reasonably identifiable by the agency that meets the requirements under the statute; and 3 consult with the director regarding', 511:'implementation of the administrative action. c projections.—any projection for purposes of this title shall be conducted in accordance with office', 512:'of management and budget circular a–11, or any successor thereto. sec. 264. issuance of administrative guidance. not later than 90', 513:'days after the date of enactment of this act, the director shall issue instructions regarding the implementation of this title,', 514:'including how covered discretionary administrative actions that increase direct spending and nontax receipts will be evaluated. public law 118–5—jun. 3,', 515:'2023 sec. 265. waiver. a in general.—the director may waive the requirements of section 263 if the director concludes that', 516:'the waiver— 1 is necessary for the delivery of essential services; or 2 is necessary for effective program delivery. b', 517:'publication.—any waiver determination under subsection a shall be published in the federal register. sec. 266. exemption. this title shall not', 518:'apply to administrative actions with direct spending cost of less than— 1 $1,000,000,000 over the 10year period beginning with the', 519:'current year; or 2 $100,000,000 in any given year during such 10year period. sec. 267. judicial review. no determination, finding,', 520:'action, or omission under this title shall be subject to judicial review. sec. 268. sunset. this title shall expire on', 521:'december 31, 2024. sec. 269. gao report. within 180 days of the date of enactment of this act, the comptroller', 522:'general shall issue a report on the implementation of this title. sec. 270. congressional review act compliance assessment. section 801a2a', 523:'of title 5, united states code, is amended by inserting after ‘‘compliance with procedural steps required by paragraph 1b’’ the', 524:'following: ‘‘, and shall in addition include an assessment of the agency’s compliance with such requirements of the administrative payasyougo', 525:'act of 2023 as may be applicable’’. title iv—termination of suspension of payments on federal student loans; resumption of accrual', 526:'of interest and collections sec. 271. termination of suspension of payments on federal student loans; resumption of accrual of interest', 527:'and collections. a in general.—sixty days after june 30, 2023, the waivers and modifications described in subsection c shall cease', 528:'to be effective. b prohibition.—except as expressly authorized by an act of congress enacted after the date of enactment of', 529:'this act, the secretary of education may not use any authority to implement an extension of any executive action or', 530:'rule specified in subsection c. 137 stat. 33 federal register, publication. time period. 20 usc 1001 note. time period. 137', 531:'stat. 34 public law 118–5—jun. 3, 2023 c waivers and modifications described.—the waivers and modifications described in this subsection are', 532:'the waivers and modifications of statutory and regulatory provisions relating to an extension of the suspension of payments on certain', 533:'loans and waivers of interest on such loans under section 3513 of the cares act 20 u.s.c. 1001 note— 1', 534:'described by the department of education in the federal register on october 12, 2022 87 fed. reg. 61513 et seq.', 535:'; and 2 most recently extended in the announcement by the department of education on november 22, 2022. division c—grow', 536:'the economy title i—temporary assistance to needy families sec. 301. recalibration of the caseload reduction credit. section 407b3 of the', 537:'social security act 42 u.s.c. 607b3 is amended in each of subparagraphs aii and b, by striking ‘‘2005’’ and inserting', 538:'‘‘2015’’. sec. 302. pilot projects for promoting accountability by measuring work outcomes. section 411 of the social security act 42', 539:'u.s.c. 611 is amended by adding at the end the following: ‘‘e pilot projects for promoting accountability by meas uring', 540:'work outcomes.— grants. ‘‘1 in general.—the secretary shall carry out a pilot program under which the secretary may select up', 541:'to 5 states to which a grant is made under section 403a for a fiscal year to negotiate performance benchmarks', 542:'for work and family outcomes for recipients of assistance under the state program funded under this part, and programs funded', 543:'with qualified guidance. state expenditures. the secretary shall issue guidance on how states apply for participation in the pilot. the', 544:'benchmarks shall include— ‘‘a the percentage of workeligible individuals under the state program funded under this part who are in', 545:'unsubsidized employment during the 2nd quarter after exiting the program; ‘‘b the level of earnings of such individuals in the', 546:'2nd and 4th quarters after exit; and ‘‘c other indicators of family stability and wellbeing as established by the secretary.', 547:'‘‘2 level of performance benchmark.—the secretary and a state selected under paragraph 1 shall agree to the requisite level of', 548:'performance on these benchmarks after developing baseline data in the state and comparative data in other states. time period. ‘‘3', 549:'failure of state to meet benchmark.—if a state plan. fails to meet a measured benchmark standard agreed to under paragraph', 550:'2 for 2 successive fiscal years, the state, in order public law 118–5—jun. 3, 2023 to continue in the pilot', 551:'shall enter into a plan with the secretary to achieve the required level of performance or, if mutually agreed to,', 552:'adjust the benchmark based on new information about the feasibility of meeting such benchmark. ‘‘4 duration.—the pilot under this subsection', 553:'shall be in effect for 6 fiscal years, with one year to establish benchmark data and negotiate targets and five', 554:'years to measure performance against the targets, and shall supersede the requirements under section 407 for such fiscal years, notwithstanding', 555:'any other provision of law. ‘‘5 application of penalty for failure to reduce assistance for recipients refusing without good cause', 556:'to work.—for purposes of section 409a14, a state operating a pilot must have a system for reducing the amount of', 557:'assistance payable to a family if an individual refuses, without good cause including for reasons described in 407e2, to engage', 558:'in any such activities as the state has required of such an individual. a state without such a system shall', 559:'be considered to have failed to comply with the requirements of section 407e for so long as the failure to', 560:'comply continues. ‘‘6 collection of performance data.—each state selected under paragraph 1, in consultation with the secretary, shall collect and', 561:'submit to the secretary data on the performance of the state operating such a pilot program. ‘‘7 reports.— ‘‘a initial', 562:'report.—not later than 12 months after the date of the enactment of this subsection the secretary shall submit a report', 563:'to congress on the status of the program under this section. ‘‘b final report.—not later than 12 months after the', 564:'date on which the programs under this section have terminated, the secretary shall submit a comprehensive report to congress on', 565:'outcomes achieved under such programs.’’. sec. 303. elimination of small checks scheme. section 407b of the social security act 42', 566:'u.s.c. 607b is amended by adding at the end the following: ‘‘6 special rule regarding calculation of the minimum participation', 567:'rate.—the secretary shall determine participation rates under this section without regard to any individual engaged in work in a family', 568:'that receives no assistance under this part and less than $35 in assistance funded with qualified state expenditures as defined', 569:'in section 409a7bi.’’. sec. 304. reporting of work outcomes. section 411 of the social security act 42 u.s.c. 611, as', 570:'amended by section 302, is amended by adding at the end the following: ‘‘f reporting performance indicators.— ‘‘1 in general.—each', 571:'state, in consultation with the secretary, shall collect and submit to the secretary the information necessary for each indicator described', 572:'in paragraph 2, for fiscal year 2025 and each fiscal year thereafter. ‘‘2 indicators of performance.—the indicators described in this', 573:'paragraph for a fiscal year are the following: 137 stat. 35 determination. time periods. 137 stat. 36 public law 118–5—jun.', 574:'3, 2023 ‘‘a the percentage of individuals who were work eligible individuals as of the time of exit from the', 575:'program, who are in unsubsidized employment during the second quarter after the exit. ‘‘b the percentage of individuals who were', 576:'work eligible individuals who were in unsubsidized employment in the second quarter after the exit, who are also in unsubsidized', 577:'employment during the fourth quarter after the exit. ‘‘c the median earnings of individuals who were workeligible individuals as of', 578:'the time of exit from the program, who are in unsubsidized employment during the second quarter after the exit. ‘‘d', 579:'the percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an', 580:'equivalency program, and are workeligible individuals or were workeligible individuals as of the time of exit from the program, who', 581:'obtain a high school degree or its recognized equivalent while receiving assistance under the state program funded under this part', 582:'or within 1 year after the exit. ‘‘3 definition of exit.—in paragraph 2, the term ‘exit’ means, with respect to', 583:'a state program funded under this part, ceases to receive assistance under the program funded by this part. ‘‘4 regulations.—in', 584:'order to ensure nationwide comparability of data, the secretary, after consultation with the secretary of labor and with states, shall', 585:'issue regulations governing the reporting of performance indicators under this subsection.’’. 42 usc 607 note. sec. 305. effective date. the', 586:'amendments made by this title shall take effect on october 1, 2024, except for sections 301 and 303 which shall', 587:'take effect on october 1, 2025. title ii—snap exemptions sec. 311. modification of work requirement exemptions. a in general.—section 6o3', 588:'of the food and nutrition act of 2008 7 u.s.c. 20156o3 is amended to read as follows: 1 by striking', 589:'subparagraph a and inserting the following: ‘‘ai under 18 years of age; or ‘‘ii in— ‘‘i fiscal year 2023 over', 590:'51 years of age; ‘‘ii fiscal year 2024 over 53 years of age; ‘‘iii fiscal year 2025 and each fiscal', 591:'year there after over 55 years of age;’’; 2 in subparagraph d, by striking ‘‘or’’ at the end; 3 in', 592:'subparagraph e, by striking the period at the end and inserting ‘‘;’’; and 4 adding at the end the following:', 593:'‘‘f a homeless individual; ‘‘g a veteran; or public law 118–5—jun. 3, 2023 ‘‘h an individual who is 24 years', 594:'of age or younger and who was in foster care under the responsibility of a state on the date of', 595:'attaining 18 years of age or such higher age as the state has elected under section 4758biii of the social', 596:'security act 42 u.s.c. 6758biii.’’. b application.— 1 state agency.—a state agency shall apply section 6o3 of the food and', 597:'nutrition act of 2008, as amended by subsection a, to any application for initial certification or recertification received starting 90', 598:'days after the date of enactment of this act. 2 sunset.—the amendments made by subsection a shall cease to have', 599:'effect on october 1, 2030. sec. 312. modification of general exemptions. section 6o6 of the food and nutrition act of', 600:'2008 7 u.s.c. 2015o6 is amended— 1 in subparagraph e— a in the heading, by striking ‘‘subsequent fiscal years’’ and', 601:'inserting ‘‘fiscal years 2020 through 2023’’; b by striking ‘‘f through h’’ and inserting ‘‘g through i’’; and c by', 602:'striking ‘‘year,’’ and inserting ‘‘year through fiscal year 2023,’’; 2 in subparagraph f, by striking ‘‘or e’’ and inserting ‘‘,', 603:'e or f’’; 3 by redesignating subparagraphs f, g, and h as subparagraphs g, h, and i, respectively; 4 by', 604:'inserting after subparagraph e the following: ‘‘f subsequent fiscal years.—subject to subparagraphs g through i, for fiscal years 2024 and', 605:'each subsequent fiscal year, a state agency may provide a number of exemptions such that the average monthly number of', 606:'exemptions in effect during the fiscal year does not exceed 8 percent of the number of covered individuals in the', 607:'state, as estimated by the secretary under subparagraph c, adjusted by the secretary to reflect changes in the state’s caseload', 608:'and the secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits', 609:'covered by waivers granted under paragraph 4’’; 5 in subparagraph b, by striking ‘‘h’’ and inserting ‘‘i’’; 6 in subparagraph', 610:'c, by striking ‘‘f and h’’ and inserting ‘‘g and i’’; 7 in subparagraph d, by striking ‘‘f through h’’', 611:'and inserting ‘‘g through i’’; and 8 by adding at end the following: ‘‘j rule of construction for exemption adjust', 612:'ment.—during fiscal year 2024 and each subsequent fiscal year, nothing in this paragraph shall be interpreted to allow a state', 613:'agency to accumulate unused exemptions to be provided beyond the subsequent fiscal year.’’. 137 stat. 37 7 usc 2015 note.', 614:'effective date. time periods. estimate. time periods. 137 stat. 38 deadline. public information. data. 7 usc 2015 note. analysis. public', 615:'law 118–5—jun. 3, 2023 sec. 313. supplemental nutrition assistance program under the food and nutrition act of 2008. section 2', 616:'of the food and nutrition act of 2008 7 u.s.c. 2011 is amended by adding at end the following: ‘‘that', 617:'program includes as a purpose to assist lowincome adults in obtaining employment and increasing their earnings. such employment and earnings,', 618:'along with program benefits, will permit lowincome households to obtain a more nutritious diet through normal channels of trade by', 619:'increasing food purchasing power for all eligible households who apply for participation.’’. sec. 314. waiver transparency. not later than 30', 620:'days after the date of enactment of this act, the secretary of agriculture shall make public all available state waiver', 621:'requests, including all supporting data from the state, and agency approvals of such requests, including relevant documentation on the utilization', 622:'of waivers authorized under section 6o4a of the food and nutrition act of 2008 7 u.s.c. 2015o4a. title iii—permitting reform', 623:'sec. 321. builder act. a paragraph 2 of section 102.—section 1022 of the national environmental policy act of 1969 42', 624:'u.s.c. 43322 is amended— 1 in subparagraph a, by striking ‘‘insure’’ and inserting ‘‘ensure’’; 2 in subparagraph b, by striking', 625:'‘‘insure’’ and inserting ‘‘ensure’’; 3 in subparagraph c— a by inserting ‘‘consistent with the provisions of this act and except', 626:'where compliance would be inconsistent with other statutory requirements,’’ before ‘‘include in every’’; b by striking clauses i through v', 627:'and inserting the following: ‘‘i reasonably foreseeable environmental effects of the proposed agency action; ‘‘ii any reasonably foreseeable adverse environmental', 628:'effects which cannot be avoided should the proposal be implemented; ‘‘iii a reasonable range of alternatives to the proposed agency', 629:'action, including an analysis of any negative environmental impacts of not implementing the proposed agency action in the case of', 630:'a no action alternative, that are technically and economically feasible, and meet the purpose and need of the proposal; ‘‘iv', 631:'the relationship between local shortterm uses of man’s environment and the maintenance and enhancement of longterm productivity; and ‘‘v any', 632:'irreversible and irretrievable commitments of federal resources which would be involved in the proposed agency action should it be implemented.’’;', 633:'and public law 118–5—jun. 3, 2023 137 stat. 39 c by striking ‘‘the responsible federal official’’ and inserting ‘‘the head', 634:'of the lead agency’’; 4 in subparagraph d, by striking ‘‘any’’ and inserting ‘‘any’’; 5 by redesignating subparagraphs d through', 635:'i as sub paragraphs g through l, respectively; 6 by inserting after subparagraph c the following: ‘‘d ensure the professional', 636:'integrity, including sci entific integrity, of the discussion and analysis in an environmental document; ‘‘e make use of reliable data', 637:'and resources in carrying out this act; ‘‘f consistent with the provisions of this act, study, develop, and describe technically', 638:'and economically feasible alternatives;’’; and 7 in subparagraph i, as amended, by inserting ‘‘consistent with the provisions of this act,’’', 639:'before ‘‘recognize’’. b new sections.—title i of the national environmental policy act of 1969 42 u.s.c. 4321 et seq. is', 640:'amended by adding at the end the following: ‘‘sec. 106. procedure for determination of level of review. ‘‘a threshold determinations.—an', 641:'agency is not required to prepare an environmental document with respect to a proposed agency action if— ‘‘1 the proposed', 642:'agency action is not a final agency action within the meaning of such term in chapter 5 of title 5,', 643:'united states code; ‘‘2 the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s', 644:'categorical exclusions consistent with section 109 of this act, or another provision of law; ‘‘3 the preparation of such document', 645:'would clearly and fundamentally conflict with the requirements of another provision of law; or ‘‘4 the proposed agency action is', 646:'a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in', 647:'determining whether to take the proposed action. ‘‘b levels of review.— ‘‘1 environmental impact statement.—an agency shall issue an environmental', 648:'impact statement with respect to a proposed agency action requiring an environmental document that has a reasonably foreseeable significant effect', 649:'on the quality of the human environment. ‘‘2 environmental assessment.—an agency shall prepare an environmental assessment with respect to a', 650:'proposed agency action that does not have a reasonably foreseeable significant effect on the quality of the human environment, or', 651:'if the significance of such effect is unknown, unless the agency finds that the proposed agency action is excluded pursuant', 652:'to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 109 of this act, or another', 653:'provision of law. such environmental assessment shall be a concise public document prepared by a federal agency to set forth', 654:'the basis of such agency’s finding 42 usc 4336. 137 stat. 40 public law 118–5—jun. 3, 2023 of no significant', 655:'impact or determination that an environmental impact statement is necessary. ‘‘3 sources of information.—in making a determination under this subsection,', 656:'an agency— ‘‘a may make use of any reliable data source; and ‘‘b is not required to undertake new scientific', 657:'or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the', 658:'overall costs and time frame of obtaining it are not unreasonable. 42 usc 4336a. determination. schedule. determination. notification. compliance. ‘‘sec.', 659:'107. timely and unified federal reviews. ‘‘a lead agency.— ‘‘1 designation.— ‘‘a in general.—if there are two or more participating', 660:'federal agencies, such agencies shall determine, by letter or memorandum, which agency shall be the lead agency based on consideration', 661:'of the— ‘‘i magnitude of agency’s involvement; ‘‘ii project approval or disapproval authority; ‘‘iii expertise concerning the action’s environ mental', 662:'effects; ‘‘iv duration of agency’s involvement; and ‘‘v sequence of agency’s involvement. ‘‘b joint lead agencies.—in making a determination under', 663:'subparagraph a, the participating federal agencies may appoint such state, tribal, or local agencies as joint lead agencies as the', 664:'involved federal agencies shall determine appropriate. joint lead agencies shall jointly fulfill the role described in paragraph 2. ‘‘2 role.—a', 665:'lead agency shall, with respect to a proposed agency action— ‘‘a supervise the preparation of an environmental document if, with', 666:'respect to such proposed agency action, there is more than one participating federal agency; ‘‘b request the participation of each', 667:'cooperating agency at the earliest practicable time; ‘‘c in preparing an environmental document, give consideration to any analysis or proposal', 668:'created by a cooperating agency; ‘‘d develop a schedule, in consultation with each cooperating agency, the applicant, and such other', 669:'entities as the lead agency determines appropriate, for completion of any environmental review, permit, or authorization required to carry out', 670:'the proposed agency action; ‘‘e if the lead agency determines that a review, permit, or authorization will not be completed', 671:'in accordance with the schedule developed under subparagraph d, notify the agency responsible for issuing such review, permit, or authorization', 672:'of the discrepancy and request that such agency take such measures as such agency determines appropriate to comply with such', 673:'schedule; and ‘‘f meet with a cooperating agency that requests such a meeting. ‘‘3 cooperating agency.—the lead agency may, with', 674:'respect to a proposed agency action, designate any federal, state, tribal, or local agency that has jurisdiction by law or', 675:'public law 118–5—jun. 3, 2023 special expertise with respect to any environmental impact involved in a proposal to serve as', 676:'a cooperating agency. a cooperating agency may, not later than a date specified in the schedule established by the lead', 677:'agency, submit comments to the lead agency. ‘‘4 request for designation.—any federal, state, tribal, or local agency or person that', 678:'is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action', 679:'under paragraph 1 may submit a written request for such a designation to a participating federal agency. an agency that', 680:'receives a request under this paragraph shall transmit such request to each participating federal agency and to the council. ‘‘5', 681:'council designation.— ‘‘a request.—if the participating federal agencies are unable to agree on the designation of a lead agency within', 682:'45 days of the request under paragraph 4, then the federal, state, tribal or local agency or person that is', 683:'substantially affected by the lack or a designation of a lead agency may request that the council designate a lead', 684:'agency. such request shall consist of— ‘‘i a precise description of the nature and extent of the proposed agency action;', 685:'and ‘‘ii a detailed statement with respect to each participating federal agency and each factor listed in paragraph 1 regarding', 686:'which agency should serve as lead agency. ‘‘b transmission.—the council shall transmit a request received under subparagraph a to each', 687:'participating federal agency. ‘‘c response.—a participating federal agency may, not later than 20 days after the date of the submission', 688:'of a request under subparagraph a, submit to the council a response to such request. ‘‘d designation.—not later than 40', 689:'days after the date of the submission of a request under subparagraph a, the council shall designate the lead agency', 690:'with respect to the relevant proposed agency action. ‘‘b one document.—to the extent practicable, if a proposed agency action will', 691:'require action by more than one federal agency and the lead agency has determined that it requires preparation of an', 692:'environmental document, the lead and cooperating agencies shall evaluate the proposal in a single environmental document. ‘‘c request for public', 693:'comment.—each notice of intent to prepare an environmental impact statement under section 102 shall include a request for public comment', 694:'on alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action. ‘‘d statement', 695:'of purpose and need.—each environmental document shall include a statement of purpose and need that briefly summarizes the underlying purpose', 696:'and need for the proposed agency action. ‘‘e page limits.— ‘‘1 environmental impact statements.— ‘‘a in general.—except as provided in', 697:'subparagraph b, an environmental impact statement shall not exceed 150 pages, not including any citations or appendices. 137 stat. 41', 698:'comments. transmittal. determination. evaluation. summary. 137 stat. 42 procedures. evaluation. determinations. notifications. extension authority. review. schedule. deadline. compliance. public law', 699:'118–5—jun. 3, 2023 ‘‘b extraordinary complexity.—an environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed', 700:'300 pages, not including any citations or appendices. ‘‘2 environmental assessments.—an environmental assessment shall not exceed 75 pages, not including', 701:'any citations or appendices. ‘‘f sponsor preparation.—a lead agency shall prescribe procedures to allow a project sponsor to prepare an', 702:'environmental assessment or an environmental impact statement under the super vision of the agency. such agency may provide such sponsor', 703:'with appropriate guidance and assist in the preparation. the lead agency shall independently evaluate the environmental document and shall take', 704:'responsibility for the contents. ‘‘g deadlines.— ‘‘1 in general.—except as provided in paragraph 2, with respect to a proposed agency', 705:'action, a lead agency shall complete, as applicable— ‘‘a the environmental impact statement not later than the date that is', 706:'2 years after the sooner of, as applicable— ‘‘i the date on which such agency determines that section 1022c requires', 707:'the issuance of an environmental impact statement with respect to such action; ‘‘ii the date on which such agency notifies', 708:'the applicant that the application to establish a rightof way for such action is complete; and ‘‘iii the date on', 709:'which such agency issues a notice of intent to prepare the environmental impact statement for such action; and ‘‘b the', 710:'environmental assessment not later than the date that is 1 year after the sooner of, as applicable— ‘‘i the date', 711:'on which such agency determines that section 106b2 requires the preparation of an environmental assessment with respect to such action;', 712:'‘‘ii the date on which such agency notifies the applicant that the application to establish a rightof way for such', 713:'action is complete; and ‘‘iii the date on which such agency issues a notice of intent to prepare the environmental', 714:'assessment for such action. ‘‘2 delay.—a lead agency that determines it is not able to meet the deadline described in', 715:'paragraph 1 may extend such deadline, in consultation with the applicant, to establish a new deadline that provides only so', 716:'much additional time as is necessary to complete such environmental impact statement or environmental assessment. ‘‘3 petition to court.— ‘‘a', 717:'right to petition.—a project sponsor may obtain a review of an alleged failure by an agency to act in accordance', 718:'with an applicable deadline under this section by filing a written petition with a court of competent jurisdiction seeking an', 719:'order under subparagraph b. ‘‘b court order.—if a court of competent jurisdiction finds that an agency has failed to act', 720:'in accordance with an applicable deadline, the court shall set a schedule and deadline for the agency to act as', 721:'soon as practicable, which public law 118–5—jun. 3, 2023 137 stat. 43 shall not exceed 90 days from the date', 722:'on which the order of the court is issued, unless the court determines a longer time period is necessary to', 723:'comply with applicable law. ‘‘h report.— ‘‘1 in general.—the head of each lead agency shall annually submit to the committee', 724:'on natural resources of the house of representatives and the committee on environment and public works of the senate a', 725:'report that— ‘‘a identifies any environmental assessment and environmental impact statement that such lead agency did not complete by the', 726:'deadline described in subsection g; and ‘‘b provides an explanation for any failure to meet such deadline. ‘‘2 inclusions.—each report', 727:'submitted under paragraph 1 shall identify, as applicable— ‘‘a the office, bureau, division, unit, or other entity within the federal', 728:'agency responsible for each such environmental assessment and environmental impact statement; ‘‘b the date on which— ‘‘i such lead agency', 729:'notified the applicant that the application to establish a rightofway for the major federal action is complete; ‘‘ii such lead', 730:'agency began the scoping for the major federal action; or ‘‘iii such lead agency issued a notice of intent to', 731:'prepare the environmental assessment or environmental impact statement for the major federal action; and ‘‘c when such environmental assessment and', 732:'environ mental impact statement is expected to be complete. ‘‘sec. 108. programmatic environmental document. time periods. 42 usc 4336b. ‘‘when', 733:'an agency prepares a programmatic environmental document for which judicial review was available, the agency may rely on the analysis', 734:'included in the programmatic environmental document in a subsequent environmental document for related actions as follows: ‘‘1 within 5 years', 735:'and without additional review of the analysis in the programmatic environmental document, unless there are substantial new circumstances or information', 736:'about the significance of adverse effects that bear on the analysis. ‘‘2 after 5 years, so long as the agency', 737:'reevaluates the evaluation. analysis in the programmatic environmental document and any underlying assumption to ensure reliance on the analysis remains', 738:'valid. ‘‘sec. 109. adoption of categorical exclusions. 42 usc 4336c. ‘‘an agency may adopt a categorical exclusion listed in another', 739:'agency’s nepa procedures for a category of proposed agency actions for which the categorical exclusion was established consistent with this', 740:'paragraph. the agency shall— ‘‘1 identify the categorical exclusion listed in another agency’s nepa procedures that covers a category of', 741:'proposed actions or related actions; 137 stat. 44 consultation. public information. 42 usc 4336d. reports. 42 usc 4336e. public law', 742:'118–5—jun. 3, 2023 ‘‘2 consult with the agency that established the categorical exclusion to ensure that the proposed adoption of', 743:'the categorical exclusion to a category of actions is appropriate; ‘‘3 identify to the public the categorical exclusion that the', 744:'agency plans to use for its proposed actions; and ‘‘4 document adoption of the categorical exclusion. ‘‘sec. 110. enepa. ‘‘a', 745:'permitting portal study.—the council on environmental quality shall conduct a study and submit a report to congress within 1 year', 746:'of the enactment of this act on the potential for online and digital technologies to address delays in reviews and', 747:'improve public accessibility and transparency under section 1022c of the national environmental policy act of 1969 42 u.s.c. 43322c including,', 748:'but not limited to, a unified permitting portal that would— ‘‘1 allow applicants to— ‘‘a submit required documents or materials', 749:'for their project in one unified portal; ‘‘b upload and collaborate with the applicable agencies to edit documents in realtime,', 750:'as required; ‘‘c upload and display visual features such as video, animation, geographic information system displays, and threedimensional renderings; and', 751:'‘‘d track the progress of individual applications; ‘‘2 include a cloud based, digital tool for more complex reviews that would', 752:'enhance interagency coordination in consultation by— ‘‘a centralizing, across all necessary agencies, the data, visuals, and documents, including but not', 753:'limited to geographic information system displays, other visual renderings, and completed reports and analyses necessary for reviews; ‘‘b streamlining communications', 754:'between all necessary agencies and the applicant; ‘‘c allowing for comments and responses by and to all necessary agencies in', 755:'one unified portal; ‘‘d generating analytical reports to aid in organizing and cataloguing public comments; and ‘‘e be accessible on', 756:'mobile devices; ‘‘3 boost transparency in agency processes and present information suitable for a lay audience, including but not limited', 757:'to— ‘‘a scientific data and analysis; and ‘‘b anticipated agency process and timeline; and ‘‘4 include examples describing how at', 758:'least five permits would be reviewed and processed through this portal. ‘‘b authorization of appropriations.—there is authorized to be appropriated', 759:'$500,000 for the council on environmental quality to carry out the study directed by this section. ‘‘sec. 111. definitions. ‘‘in', 760:'this title: ‘‘1 categorical exclusion.—the term ‘categorical exclusion’ means a category of actions that a federal agency has determined normally', 761:'does not significantly affect the quality of the human environment within the meaning of section 1022c. public law 118–5—jun. 3,', 762:'2023 137 stat. 45 ‘‘2 cooperating agency.—the term ‘cooperating agency’ means any federal, state, tribal, or local agency that has', 763:'been designated as a cooperating agency under section 107a3. ‘‘3 council.—the term ‘council’ means the council on environmental quality established', 764:'in title ii. ‘‘4 environmental assessment.—the term ‘environmental assessment’ means an environmental assessment prepared under section 106b2. ‘‘5 environmental document.—the', 765:'term ‘environmental document’ means an environmental impact statement, an environmental assessment, or a finding of no significant impact. ‘‘6 environmental', 766:'impact statement.—the term ‘environmental impact statement’ means a detailed written statement that is required by section 1022c. ‘‘7 finding of', 767:'no significant impact.—the term ‘finding of no significant impact’ means a determination by a federal agency that a proposed agency', 768:'action does not require the issuance of an environmental impact statement. ‘‘8 participating federal agency.—the term ‘participating federal agency’ means', 769:'a federal agency participating in an environmental review or authorization of an action. ‘‘9 lead agency.—the term ‘lead agency’ means,', 770:'with respect to a proposed agency action— ‘‘a the agency that proposed such action; or ‘‘b if there are 2', 771:'or more involved federal agencies with respect to such action, the agency designated under section 107a1. ‘‘10 major federal action.—', 772:'‘‘a in general.—the term ‘major federal action’ means an action that the agency carrying out such action determines is subject', 773:'to substantial federal control and responsibility. ‘‘b exclusion.—the term ‘major federal action’ does not include— ‘‘i a nonfederal action— ‘‘i', 774:'with no or minimal federal funding; or ‘‘ii with no or minimal federal involvement where a federal agency cannot control', 775:'the outcome of the project; ‘‘ii funding assistance solely in the form of general revenue sharing funds which do not', 776:'provide federal agency compliance or enforcement responsibility over the subsequent use of such funds; ‘‘iii loans, loan guarantees, or other', 777:'forms of financial assistance where a federal agency does not exercise sufficient control and responsibility over the subsequent use of', 778:'such financial assistance or the effect of the action; ‘‘iv business loan guarantees provided by the small business administration pursuant', 779:'to section 7a or b and of the small business act u.s.c. 636a, or title v of the small business', 780:'investment act of 1958 15 u.s.c. 695 et seq. ; ‘‘v bringing judicial or administrative civil or criminal enforcement actions;', 781:'137 stat. 46 recommenda tions. deadline. federal register, publication. public comments. public law 118–5—jun. 3, 2023 ‘‘vi extraterritorial activities or', 782:'decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the united states; or', 783:'‘‘vii activities or decisions that are nondiscre tionary and made in accordance with the agency’s statutory authority. ‘‘11 programmatic environmental', 784:'document.—the term ‘programmatic environmental document’ means an environmental impact statement or environmental assessment analyzing all or some of the environmental', 785:'effects of a policy, program, plan, or group of related actions. ‘‘12 proposal.—the term ‘proposal’ means a proposed action at', 786:'a stage when an agency has a goal, is actively preparing to make a decision on one or more alternative', 787:'means of accomplishing that goal, and can meaningfully evaluate its effects. ‘‘13 special expertise.—the term ‘special expertise’ means statutory responsibility,', 788:'agency mission, or related program experience.’’. sec. 322. interregional transfer capability determination study. a in general.—the electric reliability organization as', 789:'that term is defined in section 215a2 of the federal power act, in consultation with each regional entity as that', 790:'term is defined in section 215a7 of such act and each transmitting utility as that term is defined in section', 791:'323 of such act that has facilities interconnected with a transmitting utility in a neighboring transmission planning region, shall conduct', 792:'a study of total transfer capability as defined in section 37.6b1vi of title 18, code of federal regulations, between transmission', 793:'planning regions that contains the following: 1 current total transfer capability, between each pair of neighboring transmission planning regions. 2', 794:'a recommendation of prudent additions to total transfer capability between each pair of neighboring transmission planning regions that would demonstrably', 795:'strengthen reliability within and among such neighboring transmission planning regions. 3 recommendations to meet and maintain total transfer capability together', 796:'with such recommended prudent additions to total transfer capability between each pair of neighboring transmission planning regions. b publication.—not later', 797:'than 18 months after the date of enactment of this act, the north american electric reliability corporation shall deliver a', 798:'study to federal energy regulatory commission, which shall publish the study required in subsection a in the federal register and', 799:'seek public comments. c report.—not later than 12 months after the end of the public comment period in subsection b,', 800:'the federal energy regulatory commission shall submit a report on its conclusions to congress and include recommendations, if any, for', 801:'statutory changes. sec. 323. permitting streamlining for energy storage. section 410016a of the fast act 42 u.s.c. 4370m6a is amended', 802:'by inserting ‘‘energy storage,’’ before ‘‘or any other sector’’. public law 118–5—jun. 3, 2023 137 stat. 47 sec. 324. expediting', 803:'completion of the mountain valley pipeline. a definition of mountain valley pipeline.—in this section, the term ‘‘mountain valley pipeline’’ means', 804:'the mountain valley pipeline project, as generally described and approved in federal energy regulatory commission docket nos. cp16–10, cp19–477, and', 805:'cp21–57. b congressional findings and declaration.—the congress hereby finds and declares that the timely completion of construction and operation of', 806:'the mountain valley pipeline is required in the national interest. the mountain valley pipeline will serve demonstrated natural gas demand', 807:'in the northeast, midatlantic, and southeast regions, will increase the reliability of natural gas supplies and the availability of natural', 808:'gas at reasonable prices, will allow natural gas producers to access additional markets for their product, and will reduce carbon', 809:'emissions and facilitate the energy transition. c approval and ratification and maintenance of existing authorizations.—notwithstanding any other provision of law—', 810:'1 congress hereby ratifies and approves all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals', 811:'or orders issued pursuant to federal law necessary for the construction and initial operation at full capacity of the mountain', 812:'valley pipeline; and 2 congress hereby directs the secretary of the army, the federal energy regulatory commission, the secretary of', 813:'agriculture, and the secretary of the interior, and other agencies as applicable, as the case may be, to continue to', 814:'maintain such authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to', 815:'federal law necessary for the construction and initial operation at full capacity of the mountain valley pipeline. d expedited approval.—notwithstanding', 816:'any other provideadline. sion of law, not later than 21 days after the date of enactment of this act and', 817:'for the purpose of facilitating the completion of the mountain valley pipeline, the secretary of the army shall issue all', 818:'permits or verifications necessary— 1 to complete the construction of the mountain valley pipeline across the waters of the united', 819:'states; and 2 to allow for the operation and maintenance of the mountain valley pipeline. e judicial review.— 1 notwithstanding', 820:'any other provision of law, no court shall have jurisdiction to review any action taken by the secretary of the', 821:'army, the federal energy regulatory commission, the secretary of agriculture, the secretary of the interior, or a state administrative agency', 822:'acting pursuant to federal law that grants an authorization, permit, verification, biological opinion, incidental take statement, or any other approval', 823:'necessary for the construction and initial operation at full capacity of the mountain valley pipeline, including the issuance of any', 824:'authorization, permit, extension, verification, biological opinion, incidental take statement, or other approval described in subsection c or d of this', 825:'section for the mountain valley pipeline, 137 stat. 48 public law 118–5—jun. 3, 2023 whether issued prior to, on, or', 826:'subsequent to the date of enactment of this section, and including any lawsuit pending in a court as of the', 827:'date of enactment of this section. 2 the united states court of appeals for the district of columbia circuit shall', 828:'have original and exclusive jurisdiction over any claim alleging the invalidity of this section or that an action is beyond', 829:'the scope of authority conferred by this section. f effect.—this section supersedes any other provision of law including any other', 830:'section of this act or other statute, any regulation, any judicial decision, or any agency guidance that is inconsistent with', 831:'the issuance of any authorization, permit, verification, biological opinion, incidental take statement, or other approval for the mountain valley pipeline.', 832:'division d—increase in debt limit 31 usc 3101 note. time period. effective date. deadline. sec. 401. temporary extension of public', 833:'debt limit. a in general.—section 3101b of title 31, united states code, shall not apply for the period beginning on', 834:'the date of the enactment of this act and ending on january 1, 2025. b special rule relating to obligations', 835:'issued during extension period.—effective on january 2, 2025, the limitation in effect under section 3101b of title 31, united states', 836:'code, shall be increased to the extent that— 1 the face amount of obligations issued under chapter 31 of such', 837:'title and the face amount of obligations whose principal and interest are guaranteed by the united states government except guaranteed', 838:'obligations held by the secretary of the treasury outstanding on january 2, 2025, exceeds 2 the face amount of such', 839:'obligations outstanding on the date of the enactment of this act. c restoring congressional authority over the national debt.— 1', 840:'extension limited to necessary obligations.—an obligation shall not be taken into account under subsection b1 unless the issuance of such', 841:'obligation was necessary to fund a commitment incurred pursuant to law by the federal government that required payment before january', 842:'2, 2025. 2 prohibition on creation of cash reserve during extension period.—the secretary of the treasury shall not issue obligations', 843:'during the period specified in subsection a for the purpose of increasing the cash balance above normal public law 118–5—jun.', 844:'3, 2023 137 stat. 49 operating balances in anticipation of the expiration of such period. approved june 3, 2023. legislative', 845:'history—h.r. 3746: congressional record, vol. 169 2023: may 31, considered and passed house. june 1, considered and passed senate. æ',