HR 3746 — Fiscal Responsibility Act of 2023

AUTHORITY<<NOTE: FOR FISCAL YEAR 2024 BUDGET RESOLUTION IN THE HOUSE OF REPRESENTATIVES.

(a)Time Fiscalperiods.>> YearAUTHORITY 2024.--ForFOR theFISCAL purposeYEAR of enforcing the Congressional Budget Act of 1974 for fiscal year 2024, the allocations, aggregates, and levels provided for in subsection (b) shall apply in the House of Representatives in the same manner as for a concurrent resolution on the budget for fiscal year 2024 withBUDGET appropriateRESOLUTION budgetaryIN levelsTHE forHOUSE fiscalOF yearREPRESENTATIVES. 2024 and for fiscal years 2025 through 2033.

(b)(a) Committee<<NOTE: Allocations, Aggregates, and Levels.--In the House of Representatives, the Chair of the Committee on the Budget shall submit a statement for publication in the Congressional Record as soon as practicable containing-- (1) for the Committee on Appropriations, committee allocations for fiscal year 2024 consistent with discretionary spending limits set forth in section 251(c)(9) of the Balanced Budget and Emergency Deficit Control Act of 1985, as added by this Act, and the outlays flowing therefrom, and committee allocations for fiscal year 2024 for current law mandatory budget authority and outlays, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

(2)Applicability.>> forFiscal allYear committees2024.--For of the Housepurpose of Representativesenforcing other than the CommitteeCongressional onBudget Appropriations,Act committeeof allocations1974 for fiscal year 20242024, and for the periodallocations, ofaggregates, fiscaland yearslevels 2025provided throughfor 2033in consistentsubsection with(b) theshall mostapply recentin baseline of the CongressionalHouse Budgetof Office,Representatives asin adjusted, to the extentsame practicable,manner as for thea budgetaryconcurrent effectsresolution of any provision of law enacted during the period beginning on the datebudget suchfor baselinefiscal isyear issued2024 andwith endingappropriate onbudgetary thelevels datefor offiscal submissionyear of2024 suchand statement, for thefiscal purposeyears ofthrough enforcing2033. section 302 of the Congressional Budget Act of 1974;

(b) <<NOTE:

Congressional Record, publication.>> Committee Allocations, Aggregates, and Levels.--In the House of Representatives, the Chair of the Committee on the Budget shall submit a statement for publication in the Congressional Record as soon as practicable containing-- (1) for the Committee on Appropriations, committee allocations for fiscal year 2024 consistent with discretionary spending limits set forth in section 251(c)(9) of the Balanced Budget and Emergency Deficit Control Act of 1985, as added by this Act, and the outlays flowing therefrom, and committee allocations for fiscal year 2024 for current law mandatory budget authority and outlays, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

(2) for all committees of the House of Representatives other than the Committee on Appropriations, committee allocations for fiscal year 2024 and for the period of fiscal years 2025 through consistent with the most recent baseline of the Congressional Budget Office, as adjusted, to the extent practicable, for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

(c)[[Page Adjustments.--The137 ChairSTAT. of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other budgetary levels included in the statement referred to in subsection (b)-- (1) to reflect changes resulting from the Congressional Budget Office's updates to its baseline for fiscal years 2024 through 2033;

18]] (c) Adjustments.--The Chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other budgetary levels included in the statement referred to in subsection (b)-- (1) to reflect changes resulting from the Congressional Budget Office's updates to its baseline for fiscal years 2024 through 2033;

fiscal year 2024 to fiscal year 2028 or fiscal year 2024 to fiscal year 2033.

(b) Exceptions.--An<<NOTE: advance appropriation may be provided for programs, activities or accounts identified in lists submitted for printing in the Congressional Record by the Chair of the Committee on the Budget-- (1) for fiscal year 2025, under the heading ``accounts identified for advance appropriations'' in an aggregate amount not to exceed $28,852,000,000 in new budget authority;

Congressional Record, publication.>> Exceptions.--An advance appropriation may be provided for programs, activities or accounts identified in lists submitted for printing in the Congressional Record by the Chair of the Committee on the Budget-- (1) for fiscal year 2025, under the heading ``accounts identified for advance appropriations'' in an aggregate amount not to exceed $28,852,000,000 in new budget authority;

TITLE[[Page III--BUDGET137 ENFORCEMENTSTAT. IN THE SENATE SEC.

19]] TITLE III--BUDGET ENFORCEMENT IN THE SENATE SEC.

(a) Fiscal<<NOTE: Year 2024.--For the purpose of enforcing the Congressional Budget Act of 1974 (2 U.S.C.

Applicability.>> Fiscal Year 2024.--For the purpose of enforcing the Congressional Budget Act of 1974 (2 U.S.C.

(b) Committee<<NOTE: Allocations, Aggregates, and Levels.--The Chairman of the Committee on the Budget of the Senate shall submit a statement for publication in the Congressional Record as soon as practicable after the date of enactment of this Act that includes-- (1) for the Committee on Appropriations of the Senate, committee allocations for fiscal year 2024 consistent with the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, and the outlays flowing therefrom, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

Congressional Record, publication.

Time periods.>> Committee Allocations, Aggregates, and Levels.--The Chairman of the Committee on the Budget of the Senate shall submit a statement for publication in the Congressional Record as soon as practicable after the date of enactment of this Act that includes-- (1) for the Committee on Appropriations of the Senate, committee allocations for fiscal year 2024 consistent with the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, and the outlays flowing therefrom, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

(5) levels of Social Security revenues and outlays for fiscal years 2024, 2024 through 2028, and 2024 through 2033, consistent with the May 2023 baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline was issued and ending on the date of submission of such statement, for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C.

and (6)[[Page a137 statementSTAT. under the heading ``Accounts Identified for Advance Appropriations'' for the purpose of enforcing section of this title.

20]] (6) a statement under the heading ``Accounts Identified for Advance Appropriations'' for the purpose of enforcing section of this title.

AUTHORITY<<NOTE: FOR FISCAL YEAR 2025 BUDGET RESOLUTION IN THE SENATE.

(a)Time Fiscalperiods.>> YearAUTHORITY 2025.--ForFOR theFISCAL purposeYEAR of2025 enforcingBUDGET theRESOLUTION CongressionalIN BudgetTHE ActSENATE. of 1974 (2 U.S.C.

(a) <<NOTE:

Applicability.>> Fiscal Year 2025.--For the purpose of enforcing the Congressional Budget Act of 1974 (2 U.S.C.

(b) Committee<<NOTE: Allocations, Aggregates, and Levels.--After April 15, 2024, but not later than May 15, 2024, the Chairman of the Committee on the Budget of the Senate shall submit a statement for publication in the Congressional Record that includes-- (1) for the Committee on Appropriations of the Senate, committee allocations for fiscal year 2025 consistent with the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, and the outlays flowing therefrom, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C.

Deadline.

Congressional Record, publication.>> Committee Allocations, Aggregates, and Levels.--After April 15, 2024, but not later than May 15, 2024, the Chairman of the Committee on the Budget of the Senate shall submit a statement for publication in the Congressional Record that includes-- (1) for the Committee on Appropriations of the Senate, committee allocations for fiscal year 2025 consistent with the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, and the outlays flowing therefrom, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C.

(5)[[Page levels137 ofSTAT. Social Security revenues and outlays for fiscal years 2025, 2025 through 2029, and 2025 through 2034 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C.

21]] (5) levels of Social Security revenues and outlays for fiscal years 2025, 2025 through 2029, and 2025 through 2034 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing sections 302 and of the Congressional Budget Act of 1974 (2 U.S.C.

(2) Exceptions.--Advance<<NOTE: appropriations may be provided-- (A) for fiscal years 2025 and 2026, for programs, projects, activities, or accounts identified in a statement submitted to the Congressional Record by the Chairman of the Committee on the Budget of the Senate under the heading ``Accounts Identified for Advance Appropriations'' in an aggregate amount not to exceed $28,852,000,000 in new budget authority in each fiscal year;

Time periods.>> Exceptions.--Advance appropriations may be provided-- (A) for fiscal years 2025 and 2026, for programs, projects, activities, or accounts identified in a statement submitted to the Congressional Record by the Chairman of the Committee on the Budget of the Senate under the heading ``Accounts Identified for Advance Appropriations'' in an aggregate amount not to exceed $28,852,000,000 in new budget authority in each fiscal year;

and (D) for the Department of Health and Human Services for the Indian Health Services and Indian Health Facilities accounts-- (i)[[Page for137 fiscalSTAT. year 2025, in an amount that is not more than the amount provided for fiscal year 2024 in a bill or joint resolution making appropriations for fiscal year 2023 or 2024 for programs, projects, and activities that are not prohibited from using amounts provided for fiscal year 2024 in a bill or joint resolution making appropriations for fiscal year 2023;

and22]] (ii)(i) for fiscal year 2026,2025, in an amount that is not more than the amount provided for fiscal year 2025 in a bill or joint resolution making appropriations for fiscal year 20242023 or 2024 for programs, projects, and activities that are not prohibited from using amounts provided for fiscal year 20252024 in a bill or joint resolution making appropriations for fiscal year 2024.2023;

and (ii) for fiscal year 2026, in an amount that is not more than the amount provided for fiscal year 2025 in a bill or joint resolution making appropriations for fiscal year 2024 or 2025 for programs, projects, and activities that are not prohibited from using amounts provided for fiscal year 2025 in a bill or joint resolution making appropriations for fiscal year 2024.

and (2)[[Page with137 fullSTAT. recognition of the constitutional right of the Senate to change such rules (so far as relating to the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

23]] (2) with full recognition of the constitutional right of the Senate to change such rules (so far as relating to the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

Each<<NOTE: rescission made by this title shall be applied to the unobligated balances for each applicable appropriation as of the date of enactment of this title.

Applicability.>> Each rescission made by this title shall be applied to the unobligated balances for each applicable appropriation as of the date of enactment of this title.

(5) All of the unobligated balances of funds made available in the second paragraph under the heading ``Public Health and Social Services Emergency Fund'' in title I of division B of Public Law 116-139, including any funds transferred from such heading that remain unobligated, with the exception of $243,000,000 and any funds that were transferred and merged with funds made available under the heading ``Office of the Secretary--Office of Inspector General'' pursuant to section 103 of title I of division B of Public Law 116-139.

(6) All of the unobligated balances of funds made available under the heading ``Public Health and Social Services Emergency Fund'' in title III of division M of Public Law 116-260,116- including[[Page any137 fundsSTAT. transferred from such heading that remain unobligated, with the exception of $205,000,000.

(7)24]] All260, of the unobligated balances of funds made available under the heading ``Centers for Disease Control and Prevention--CDC-Wide Activities and Program Support'' in title III of division A of Public Law 116-123, including any funds transferred from such heading that remain unobligated, with the exception of $195,000,000$205,000,000. and any funds that were transferred and merged with the Infectious Diseases Rapid Response Reserve Fund established by section 231 of division B of Public Law 115-245.

(8)(7) All of the unobligated balances of funds made available under the heading ``Centers for Disease Control and Prevention--CDC-WidePrevention-- CDC-Wide Activities and Program Support'' in title VIIIIII of division BA of Public Law 116-136,116-123, including any funds transferred from such heading that remain unobligated, with the exception of $446,000,000$195,000,000 and any funds that were transferred and merged with the Infectious Diseases Rapid Response Reserve Fund established by section 231 of division B of Public Law 115-245.115- 245.

(9)(8) All of the unobligated balances of funds made available under the heading ``Centers for Disease Control and Prevention--CDC-WidePrevention-- CDC-Wide Activities and Program Support'' in title IIIVIII of division MB of Public Law 116-260,116-136, including any funds transferred from such heading that remain unobligated, with the exception of $177,000,000.$446,000,000 and any funds that were transferred and merged with the Infectious Diseases Rapid Response Reserve Fund established by section 231 of division B of Public Law 115- 245.

(10)(9) All of the unobligated balances of funds made available under the heading ``National``Centers Institutesfor ofDisease Health--Control Nationaland InstitutePrevention-- ofCDC-Wide AllergyActivities and InfectiousProgram Diseases''Support'' in title III of division AM of Public Law 116-123,116-260, including any funds transferred from such heading that remain unobligated.unobligated, with the exception of $177,000,000.

(11)(10) All of the unobligated balances of funds made available tounder ``Centersthe forheading Medicare``National &Institutes Medicaidof Services--Health--National ProgramInstitute Management''of Allergy and Infectious Diseases'' in title VIIIIII of division BA of Public Law 116-136.116-123, including any funds transferred from such heading that remain unobligated.

(11) All of the unobligated balances of funds made available to ``Centers for Medicare & Medicaid Services--Program Management'' in title VIII of division B of Public Law 116-136.

(21)[[Page All137 ofSTAT. the unobligated balances of funds made available by section 2602 of Public Law 117-2.

25]] (21) All of the unobligated balances of funds made available by section 2602 of Public Law 117-2.

Sec.[[Page 137 STAT.

26]] Sec.

Sec.[[Page 137 STAT.

27]] Sec.

The unobligated balances of amounts made available under the heading ``Department of Transportation--Office of the Secretary-- Salaries and Expenses'' in title XII of division B of Public Law 116-116-136 are hereby permanently rescinded.

The unobligated balances of amounts made available under the heading ``Department of Transportation--Office of the Secretary-- Essential Air Service'' in title XII of division B of Public Law 116-116-136 are hereby permanently rescinded.

Sec.[[Page 137 STAT.

28]] Sec.

Of the unobligated balances of amounts made available under the heading ``Department of Defense--Procurement--Defense Production Act Purchases'' in title III of division B of Public Law 116-136,116- 136, $61,381,230 are hereby permanently rescinded.

The unobligated balances of amounts made available by section 323(d)(1)(E)(i) of title III of division N of Public Law 116-116-260 are hereby permanently rescinded.

Sec.[[Page 137 STAT.

29]] Sec.

The unobligated balances of amounts described in the tenth proviso under the heading ``Administration for Children and Families--PaymentsFamilies-- Payments to States for the Child Care and Development Block Grant'' in title III of division M of Public Law 116-260 are hereby permanently rescinded.

Sec.[[Page 137 STAT.

30]] Sec.

Of the unobligated balances of amounts appropriated or otherwise made available for activities of the Internal Revenue Service by paragraphs (1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section 10301 of Public Law 117-169 (commonly known as the ``Inflation[[Page Reduction137 ActSTAT. of 2022'') as of the date of the enactment of this Act, $1,389,525,000 are hereby rescinded.

TITLE31]] III--STATUTORY``Inflation ADMINISTRATIVEReduction PAY-AS-YOU-GOAct SEC.of 2022'') as of the date of the enactment of this Act, $1,389,525,000 are hereby rescinded.

TITLE III-- <<NOTE:

Administrative Pay-As-You-Go Act of 2023.>> STATUTORY ADMINISTRATIVE PAY-AS-YOU-GO SEC.

SHORT<<NOTE: TITLE.

5 USC 551 note.>> SHORT TITLE.

SEC.[[Page 137 STAT.

32]] SEC.

REQUIREMENTS<<NOTE: FOR ADMINISTRATIVE ACTIONS THAT AFFECT DIRECT SPENDING.

(a)Determinations.>> DiscretionaryREQUIREMENTS AdministrativeFOR Actions.--ADMINISTRATIVE (1)ACTIONS InTHAT general.--BeforeAFFECT anDIRECT agencySPENDING. may finalize any covered discretionary administrative action, the head of the agency shall submit to the Director for review written notice regarding the covered discretionary administrative action, which shall include an estimate of the budgetary effects of the covered discretionary administrative action.

(2)(a) IncreasingDiscretionary directAdministrative spending.--Actions.-- (A) In general.--If the covered discretionary administrative action would increase direct spending, the written notice submitted by the head of the agency under paragraph (1) shall<<NOTE: include a proposal to undertake 1 or more other administrative actions that would provide a reduction in direct spending greater than or equal to the increase in direct spending attributable to the covered discretionary administrative action.

Review.

Notice.

Budget estimate.>> In general.--Before an agency may finalize any covered discretionary administrative action, the head of the agency shall submit to the Director for review written notice regarding the covered discretionary administrative action, which shall include an estimate of the budgetary effects of the covered discretionary administrative action.

(2) Increasing direct spending.-- (A) <<NOTE:

Proposal.>> In general.--If the covered discretionary administrative action would increase direct spending, the written notice submitted by the head of the agency under paragraph (1) shall include a proposal to undertake 1 or more other administrative actions that would provide a reduction in direct spending greater than or equal to the increase in direct spending attributable to the covered discretionary administrative action.

(2) submit<<NOTE: to the Director a projection of the amount of direct spending under the least costly implementation option reasonably identifiable by the agency that meets the requirements under the statute;

andProjection.>> (3)submit consultto with the Director regardinga implementationprojection of the administrativeamount action.of direct spending under the least costly implementation option reasonably identifiable by the agency that meets the requirements under the statute;

(c) Projections.--Any projection for purposes of this title shall be conducted in accordance with Office of Management and Budget(3) Circular<<NOTE: A-11, or any successor thereto.

Consultation.>> consult with the Director regarding implementation of the administrative action.

(c) Projections.--Any projection for purposes of this title shall be conducted in accordance with Office of Management and Budget Circular A- 11, or any successor thereto.

ISSUANCE<<NOTE: OF ADMINISTRATIVE GUIDANCE.

Deadline.>> ISSUANCE OF ADMINISTRATIVE GUIDANCE.

SEC.[[Page 137 STAT.

33]] SEC.

(b) Publication.--Any<<NOTE: waiver determination under subsection (a) shall be published in the Federal Register.

Federal Register, publication.>> Publication.--Any waiver determination under subsection (a) shall be published in the Federal Register.

This title<<NOTE: shall not apply to administrative actions with direct spending cost of less than-- (1) $1,000,000,000 over the 10-year period beginning with the current year;

Time period.>> title shall not apply to administrative actions with direct spending cost of less than-- (1) $1,000,000,000 over the 10-year period beginning with the current year;

TERMINATION<<NOTE: OF SUSPENSION OF PAYMENTS ON FEDERAL STUDENT LOANS;

20 USC 1001 note.>> TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL STUDENT LOANS;

(a) In<<NOTE: General.--Sixty days after June 30, 2023, the waivers and modifications described in subsection (c) shall cease to be effective.

Time period.>> In General.--Sixty days after June 30, 2023, the waivers and modifications described in subsection (c) shall cease to be effective.

(c)[[Page Waivers137 andSTAT. Modifications Described.--The waivers and modifications described in this subsection are the waivers and modifications of statutory and regulatory provisions relating to an extension of the suspension of payments on certain loans and waivers of interest on such loans under section 3513 of the CARES Act (20 U.S.C.

34]] (c) Waivers and Modifications Described.--The waivers and modifications described in this subsection are the waivers and modifications of statutory and regulatory provisions relating to an extension of the suspension of payments on certain loans and waivers of interest on such loans under section 3513 of the CARES Act (20 U.S.C.

``(e) Pilot Projects for Promoting Accountability by Measuring Work Outcomes.-- ``(1) In<<NOTE: general.--The Secretary shall carry out a pilot program under which the Secretary may select up to 5 States to which a grant is made under section 403(a) for a fiscal year to negotiate performance benchmarks for work and family outcomes for recipients of assistance under the State program funded under this part, and programs funded with qualified State expenditures.

TheGrants.>> In general.--The Secretary shall issuecarry guidanceout ona howpilot program under which the Secretary may select up to 5 States applyto which a grant is made under section 403(a) for participationa infiscal year to negotiate performance benchmarks for work and family outcomes for recipients of assistance under the pilot.State program funded under this part, and programs funded with qualified State expenditures.

<<NOTE:

Guidance.>> The Secretary shall issue guidance on how States apply for participation in the pilot.

and ``(C) other indicators of family stability and well-beingwell- being as established by the Secretary.

``(3) Failure<<NOTE: of state to meet benchmark.--If a State fails to meet a measured benchmark standard agreed to under paragraph (2) for 2 successive fiscal years, the State, in order to continue in the pilot shall enter into a plan with the Secretary to achieve the required level of performance or, if mutually agreed to, adjust the benchmark based on new information about the feasibility of meeting such benchmark.

Time period.

Plan.>> Failure of state to meet benchmark.--If a State fails to meet a measured benchmark standard agreed to under paragraph (2) for 2 successive fiscal years, the State, in order [[Page 137 STAT.

35]] to continue in the pilot shall enter into a plan with the Secretary to achieve the required level of performance or, if mutually agreed to, adjust the benchmark based on new information about the feasibility of meeting such benchmark.

``(5) Application of penalty for failure to reduce assistance for recipients refusing without good cause to work.--Forwork.-- For purposes of section 409(a)(14), a State operating a pilot must have a system for reducing the amount of assistance payable to a family if an individual refuses, without good cause (including for reasons described in 407(e)(2)), to engage in any such activities as the State has required of such an individual.

``(6) Special rule regarding calculation of the minimum participation rate.--Therate.-- Secretary<<NOTE: shall determine participation rates under this section without regard to any individual engaged in work in a family that receives no assistance under this part and less than $35 in assistance funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)).''.

Determination.>> The Secretary shall determine participation rates under this section without regard to any individual engaged in work in a family that receives no assistance under this part and less than $35 in assistance funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)).''.

``(f) Reporting<<NOTE: Performance Indicators.-- ``(1) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary for each indicator described in paragraph (2), for fiscal year 2025 and each fiscal year thereafter.

Time periods.>> Reporting Performance Indicators.-- ``(1) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary for each indicator described in paragraph (2), for fiscal year 2025 and each fiscal year thereafter.

``(A)[[Page The137 percentageSTAT. of individuals who were work- eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the second quarter after the exit.

36]] ``(A) The percentage of individuals who were work- eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the second quarter after the exit.

EFFECTIVE<<NOTE: DATE.

42 USC 607 note.>> EFFECTIVE DATE.

or ``(H)[[Page an137 individualSTAT. who is 24 years of age or younger and who was in foster care under the responsibility of a State on the date of attaining 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii) of the Social Security Act (42 U.S.C.

37]] ``(H) an individual who is 24 years of age or younger and who was in foster care under the responsibility of a State on the date of attaining 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii) of the Social Security Act (42 U.S.C.

(b) Application.--<<NOTE: (1) State agency.--A state agency shall apply section 6(o)(3) of the Food and Nutrition Act of 2008, as amended by subsection (a), to any application for initial certification or recertification received starting 90 days after the date of enactment of this Act.

7 USC 2015 note.>> Application.-- (1) <<NOTE:

Effective date.>> State agency.--A state agency shall apply section 6(o)(3) of the Food and Nutrition Act of 2008, as amended by subsection (a), to any application for initial certification or recertification received starting 90 days after the date of enactment of this Act.

``(F) Subsequent<<NOTE: fiscal years.--Subject to subparagraphs (G) through (I), for fiscal years 2024 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 8 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4)'';

Time periods.

Estimate.>> Subsequent fiscal years.--Subject to subparagraphs (G) through (I), for fiscal years 2024 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 8 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4)'';

``(J) Rule of construction for exemption adjustment.--During fiscal<<NOTE: year 2024 and each subsequent fiscal year, nothing in this paragraph shall be interpreted to allow a State agency to accumulate unused exemptions to be provided beyond the subsequent fiscal year.''.

SEC.Time periods.>> fiscal year and each subsequent fiscal year, nothing in this paragraph shall be interpreted to allow a State agency to accumulate unused exemptions to be provided beyond the subsequent fiscal year.''.

[[Page 137 STAT.

38]] SEC.

WAIVER<<NOTE: TRANSPARENCY.

Deadline.

Public information.

Data.

7 USC 2015 note.>> WAIVER TRANSPARENCY.

``(iii) a<<NOTE: reasonable range of alternatives to the proposed agency action, including an analysis of any negative environmental impacts of not implementing the proposed agency action in the case of a no action alternative, that are technically and economically feasible, and meet the purpose and need of the proposal;

``(iv)Analysis.>> a reasonable range of alternatives to the relationshipproposed betweenagency localaction, short-termincluding usesan analysis of man'sany environmentnegative environmental impacts of not implementing the proposed agency action in the case of a no action alternative, that are technically and economically feasible, and meet the maintenancepurpose and enhancementneed of long-termthe productivity;proposal;

``(iv) the relationship between local short- term uses of man's environment and the maintenance and enhancement of long-term productivity;

and (C)[[Page by137 strikingSTAT. ``the responsible Federal official'' and inserting ``the head of the lead agency'';

39]] (C) by striking ``the responsible Federal official'' and inserting ``the head of the lead agency'';

PROCEDURE<<NOTE: FOR DETERMINATION OF LEVEL OF REVIEW.

42 USC 4336.>> PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.

Such environmental assessment shall be a concise public document prepared by a Federal agency to set forth the basis of such agency's finding of[[Page no137 significantSTAT. impact or determination that an environmental impact statement is necessary.

40]] of no significant impact or determination that an environmental impact statement is necessary.

TIMELY<<NOTE: AND UNIFIED FEDERAL REVIEWS.

``(a)42 LeadUSC Agency.--4336a.>> ``(1)TIMELY Designation.--AND ``(A)UNIFIED InFEDERAL general.--IfREVIEWS. there are two or more participating Federal agencies, such agencies shall determine, by letter or memorandum, which agency shall be the lead agency based on consideration of the-- ``(i) magnitude of agency's involvement;

``(a) Lead Agency.-- ``(1) Designation.-- ``(A) <<NOTE:

Determination.>> In general.--If there are two or more participating Federal agencies, such agencies shall determine, by letter or memorandum, which agency shall be the lead agency based on consideration of the-- ``(i) magnitude of agency's involvement;

``(D) develop<<NOTE: a schedule, in consultation with each cooperating agency, the applicant, and such other entities as the lead agency determines appropriate, for completion of any environmental review, permit, or authorization required to carry out the proposed agency action;

``(E)Schedule.>> ifdevelop the lead agency determines that a review,schedule, permit,in orconsultation authorizationwith willeach notcooperating beagency, completed in accordance with the scheduleapplicant, developedand undersuch subparagraphother (D),entities notifyas the lead agency responsibledetermines appropriate, for issuingcompletion suchof any environmental review, permit, or authorization ofrequired theto discrepancycarry andout requestthe thatproposed such agency takeaction; such measures as such agency determines appropriate to comply with such schedule;

``(E) <<NOTE:

Determination.

Notification.

Compliance.>> if the lead agency determines that a review, permit, or authorization will not be completed in accordance with the schedule developed under subparagraph (D), notify the agency responsible for issuing such review, permit, or authorization of the discrepancy and request that such agency take such measures as such agency determines appropriate to comply with such schedule;

``(3) Cooperating agency.--The lead agency may, with respect to a proposed agency action, designate any Federal, State, Tribal, or local agency that has jurisdiction by law or special[[Page expertise137 withSTAT. respect to any environmental impact involved in a proposal to serve as a cooperating agency.

41]] special expertise with respect to any environmental impact involved in a proposal to serve as a cooperating <<NOTE:

Comments.>> agency.

An<<NOTE: agency that receives a request under this paragraph shall transmit such request to each participating Federal agency and to the Council.

Transmittal.>> An agency that receives a request under this paragraph shall transmit such request to each participating Federal agency and to the Council.

``(b) One<<NOTE: Document.--To the extent practicable, if a proposed agency action will require action by more than one Federal agency and the lead agency has determined that it requires preparation of an environmental document, the lead and cooperating agencies shall evaluate the proposal in a single environmental document.

Determination.

Evaluation.>> One Document.--To the extent practicable, if a proposed agency action will require action by more than one Federal agency and the lead agency has determined that it requires preparation of an environmental document, the lead and cooperating agencies shall evaluate the proposal in a single environmental document.

``(d) Statement<<NOTE: of Purpose and Need.--Each environmental document shall include a statement of purpose and need that briefly summarizes the underlying purpose and need for the proposed agency action.

Summary.>> Statement of Purpose and Need.--Each environmental document shall include a statement of purpose and need that briefly summarizes the underlying purpose and need for the proposed agency action.

``(B)[[Page Extraordinary137 complexity.--AnSTAT. environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices.

42]] ``(B) Extraordinary complexity.--An environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices.

``(f) Sponsor<<NOTE: Preparation.--A lead agency shall prescribe procedures to allow a project sponsor to prepare an environmental assessment or an environmental impact statement under the supervision of the agency.

Procedures.>> Sponsor Preparation.--A lead agency shall prescribe procedures to allow a project sponsor to prepare an environmental assessment or an environmental impact statement under the supervision of the agency.

The<<NOTE: lead agency shall independently evaluate the environmental document and shall take responsibility for the contents.

``(g)Evaluation.>> Deadlines.--The ``(1) In general.--Except as provided in paragraph (2), with respect to a proposed agency action, a lead agency shall complete,independently asevaluate applicable-- ``(A) the environmental impactdocument statementand notshall latertake thanresponsibility thefor date that is 2 years after the soonercontents. of, as applicable-- ``(i) the date on which such agency determines that section 102(2)(C) requires the issuance of an environmental impact statement with respect to such action;

``(g) <<NOTE:

Determinations.>> Deadlines.-- ``(1) <<NOTE:

Notifications.>> In general.--Except as provided in paragraph (2), with respect to a proposed agency action, a lead agency shall complete, as applicable-- ``(A) the environmental impact statement not later than the date that is 2 years after the sooner of, as applicable-- ``(i) the date on which such agency determines that section 102(2)(C) requires the issuance of an environmental impact statement with respect to such action;

``(2) Delay.--A<<NOTE: lead agency that determines it is not able to meet the deadline described in paragraph (1) may extend such deadline, in consultation with the applicant, to establish a new deadline that provides only so much additional time as is necessary to complete such environmental impact statement or environmental assessment.

``(3)Extension Petitionauthority.>> toDelay.--A court.--lead ``(A)agency Rightthat todetermines petition.--Ait projectis sponsornot mayable obtainto ameet reviewthe ofdeadline andescribed allegedin failureparagraph by(1) anmay agencyextend tosuch actdeadline, in accordanceconsultation with anthe applicableapplicant, deadlineto underestablish thisa sectionnew bydeadline filingthat aprovides writtenonly petitionso withmuch aadditional courttime ofas competentis jurisdictionnecessary seekingto ancomplete ordersuch underenvironmental subparagraphimpact (B).statement or environmental assessment.

``(B)``(3) CourtPetition order.--If a court of competent jurisdiction finds that an agency has failed to actcourt.-- in``(A) accordance<<NOTE: with an applicable deadline, the court shall set a schedule and deadline for the agency to act as soon as practicable, which shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time period is necessary to comply with applicable law.

Review.>> Right to petition.--A project sponsor may obtain a review of an alleged failure by an agency to act in accordance with an applicable deadline under this section by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph (B).

``(B) <<NOTE:

Schedule.

Deadline.

Compliance.>> Court order.--If a court of competent jurisdiction finds that an agency has failed to act in accordance with an applicable deadline, the court shall set a schedule and deadline for the agency to act as soon as practicable, which [[Page 137 STAT.

43]] shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time period is necessary to comply with applicable law.

PROGRAMMATIC<<NOTE: ENVIRONMENTAL DOCUMENT.

Time periods.

42 USC 4336b.>> PROGRAMMATIC ENVIRONMENTAL DOCUMENT.

``(2) After<<NOTE: 5 years, so long as the agency reevaluates the analysis in the programmatic environmental document and any underlying assumption to ensure reliance on the analysis remains valid.

Evaluation.>> After 5 years, so long as the agency reevaluates the analysis in the programmatic environmental document and any underlying assumption to ensure reliance on the analysis remains valid.

ADOPTION<<NOTE: OF CATEGORICAL EXCLUSIONS.

42 USC 4336c.>> ADOPTION OF CATEGORICAL EXCLUSIONS.

``(2)[[Page consult137 withSTAT. the agency that established the categorical exclusion to ensure that the proposed adoption of the categorical exclusion to a category of actions is appropriate;

``(3)44]] identify``(2) to<<NOTE: the public the categorical exclusion that the agency plans to use for its proposed actions;

Consultation.>> consult with the agency that established the categorical exclusion to ensure that the proposed adoption of the categorical exclusion to a category of actions is appropriate;

``(3) <<NOTE:

Public information.>> identify to the public the categorical exclusion that the agency plans to use for its proposed actions;

E-NEPA.<<NOTE:

``(a)42 PermittingUSC Portal4336d.>> Study.--TheE-NEPA. Council on Environmental Quality shall conduct a study and submit a report to Congress within 1 year of the enactment of this Act on the potential for online and digital technologies to address delays in reviews and improve public accessibility and transparency under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.

``(a) <<NOTE:

Reports.>> Permitting Portal Study.--The Council on Environmental Quality shall conduct a study and submit a report to Congress within 1 year of the enactment of this Act on the potential for online and digital technologies to address delays in reviews and improve public accessibility and transparency under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.

DEFINITIONS.<<NOTE:

42 USC 4336e.>> DEFINITIONS.

``(2)[[Page Cooperating137 agency.--TheSTAT. term `cooperating agency' means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under section 107(a)(3).

45]] ``(2) Cooperating agency.--The term `cooperating agency' means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under section 107(a)(3).

``(vi)[[Page extraterritorial137 activitiesSTAT. or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the United States;

46]] ``(vi) extraterritorial activities or ``(vii)decisions, which means agency activities or decisions thatwith areeffects non-discretionarylocated andentirely madeoutside inof accordancethe withjurisdiction of the agency'sUnited statutoryStates; authority.

or ``(vii) activities or decisions that are non- discretionary and made in accordance with the agency's statutory authority.

INTERREGIONAL<<NOTE: TRANSFER CAPABILITY DETERMINATION STUDY.

Recommenda- tions.>> INTERREGIONAL TRANSFER CAPABILITY DETERMINATION STUDY.

(b) Publication.--Not<<NOTE: later than 18 months after the date of enactment of this Act, the North American Electric Reliability Corporation shall deliver a study to Federal Energy Regulatory Commission, which shall publish the study required in subsection (a) in the Federal Register and seek public comments.

Deadline.

Federal Register, publication.

Public comments.>> Publication.--Not later than 18 months after the date of enactment of this Act, the North American Electric Reliability Corporation shall deliver a study to Federal Energy Regulatory Commission, which shall publish the study required in subsection (a) in the Federal Register and seek public comments.

SEC.[[Page 137 STAT.

47]] SEC.

(d) Expedited<<NOTE: Approval.--Notwithstanding any other provision of law, not later than 21 days after the date of enactment of this Act and for the purpose of facilitating the completion of the Mountain Valley Pipeline, the Secretary of the Army shall issue all permits or verifications necessary-- (1) to complete the construction of the Mountain Valley Pipeline across the waters of the United States;

Deadline.>> Expedited Approval.--Notwithstanding any other provision of law, not later than 21 days after the date of enactment of this Act and for the purpose of facilitating the completion of the Mountain Valley Pipeline, the Secretary of the Army shall issue all permits or verifications necessary-- (1) to complete the construction of the Mountain Valley Pipeline across the waters of the United States;

(e) Judicial Review.-- (1) Notwithstanding any other provision of law, no court shall have jurisdiction to review any action taken by the Secretary of the Army, the Federal Energy Regulatory Commission, the Secretary of Agriculture, the Secretary of the Interior, or a State administrative agency acting pursuant to Federal law that grants an authorization, permit, verification, biological opinion, incidental take statement, or any other approval necessary for the construction and initial operation at full capacity of the Mountain Valley Pipeline, including the issuance of any authorization, permit, extension, verification, biological opinion, incidental take statement, or other approval described in subsection (c) or (d) of this section for the Mountain Valley Pipeline, whether[[Page issued137 priorSTAT. to, on, or subsequent to the date of enactment of this section, and including any lawsuit pending in a court as of the date of enactment of this section.

48]] whether issued prior to, on, or subsequent to the date of enactment of this section, and including any lawsuit pending in a court as of the date of enactment of this section.

TEMPORARY<<NOTE: EXTENSION OF PUBLIC DEBT LIMIT.

(a)31 InUSC General.--Section3101 3101(b)note.>> ofTEMPORARY titleEXTENSION 31,OF UnitedPUBLIC StatesDEBT Code,LIMIT. shall not apply for the period beginning on the date of the enactment of this Act and ending on January 1, 2025.

(b)(a) Special<<NOTE: Rule Relating to Obligations Issued During Extension Period.--Effective on January 2, 2025, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that-- (1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on January 2, 2025, exceeds (2) the face amount of such obligations outstanding on the date of the enactment of this Act.

(c)Time Restoringperiod.>> CongressionalIn AuthorityGeneral.--Section Over3101(b) theof Nationaltitle Debt.--31, (1)United ExtensionStates limitedCode, to necessary obligations.--An obligation shall not beapply takenfor intothe accountperiod underbeginning subsectionon (b)(1) unless the issuancedate of such obligation was necessary to fund a commitment incurred pursuant to law by the Federalenactment Governmentof thatthis requiredAct paymentand beforeending on January 2,1, 2025.

(2)(b) ProhibitionSpecial onRule creationRelating ofto cashObligations reserveIssued duringDuring extensionExtension period.--ThePeriod.-- Secretary<<NOTE: of the Treasury shall not issue obligations during the period specified in subsection (a) for the purpose of increasing the cash balance above normal operating balances in anticipation of the expiration of such period.

PassedEffective date.>> Effective on January 2, 2025, the Houselimitation ofin Representativeseffect Mayunder section 3101(b) of title 31, 2023.United States Code, shall be increased to the extent that-- (1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on January 2, 2025, exceeds (2) the face amount of such obligations outstanding on the date of the enactment of this Act.

Attest:(c) Restoring Congressional Authority Over the National Debt.-- (1) <<NOTE:

Clerk.Deadline.>> Extension limited to necessary obligations.--An obligation shall not be taken into account under subsection (b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before January 2, 2025.

118th(2) CONGRESSProhibition 1ston Sessioncreation H.of cash reserve during extension period.--The Secretary of the Treasury shall not issue obligations during the period specified in subsection (a) for the purpose of increasing the cash balance above normal [[Page 137 STAT.

R.49]] operating balances in anticipation of the expiration of such period.

3746Approved _______________________________________________________________________June AN3, ACT2023. To provide for a responsible increase to the debt ceiling.

LEGISLATIVE HISTORY--H.R.

3746:

--------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol.

169 (2023):

May 31, considered and passed House.

June 1, considered and passed Senate.

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