137 Stat. 10 (Pub. L. 118-5, Fiscal Responsibility Act of 2023)
Summary
Public Law 118–5, the Fiscal Responsibility Act of 2023, an Act of the 118th Congress approved June 3, 2023 (H.R. 3746) and printed beginning at 137 STAT. 10. Its title describes it as an Act to provide for a responsible increase to the debt ceiling. Division A sets discretionary spending limits: for fiscal year 2024, $886,349,000,000 in new budget authority for the revised security category and $703,651,000,000 for the nonsecurity category; for fiscal year 2025, $895,212,000,000 and $710,688,000,000. Division B, Save Taxpayer Dollars, opens with sections titled Rescission of unobligated funds, rescinds certain balances made available to the Internal Revenue Service and ends the suspension of payments on Federal student loans. Division C covers temporary assistance to needy families, SNAP exemptions and permitting; Division D temporarily extends the public debt limit.
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“137 Stat. 10 (Pub. L. 118-5, Fiscal Responsibility Act of 2023).”
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137 STAT. 10 PUBLIC LAW 118–5—JUNE 3, 2023
Public Law 118–5
118th Congress
An Act
June 3, 2023
To provide for a responsible increase to the debt ceiling.
[H.R. 3746]
Be it enacted by the Senate and House of Representatives of
Fiscal the United States of America in Congress assembled,
Responsibility
Act of 2023. SECTION 1. SHORT TITLE.
2 USC 900 note. This Act may be cited as the ‘‘Fiscal Responsibility Act of
2023’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—LIMIT FEDERAL SPENDING
TITLE I—DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY
CATEGORY
Sec. 101. Discretionary spending limits.
Sec. 102. Special adjustments for fiscal years 2024 and 2025.
Sec. 103. Budgetary treatment of previously enacted emergency requirements.
TITLE II—BUDGET ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES
Sec. 111. Authority for Fiscal Year 2024 Budget Resolution in the House of Rep-
resentatives.
Sec. 112. Limitation on Advance Appropriations in the House of Representatives.
Sec. 113. Exercise of rulemaking powers.
TITLE III—BUDGET ENFORCEMENT IN THE SENATE
Sec. 121. Authority for fiscal year 2024 budget resolution in the Senate.
Sec. 122. Authority for fiscal year 2025 budget resolution in the Senate.
Sec. 123. Limitation on advance appropriations in the Senate.
Sec. 124. Exercise of rulemaking powers.
DIVISION B—SAVE TAXPAYER DOLLARS
TITLE I—RESCISSION OF UNOBLIGATED FUNDS
Sec. 1. Rescission of unobligated funds.
Sec. 2. Rescission of unobligated funds.
Sec. 3. Rescission of unobligated funds.
Sec. 4. Rescission of unobligated funds.
Sec. 5. Rescission of unobligated funds.
Sec. 6. Rescission of unobligated funds.
Sec. 7. Rescission of unobligated funds.
Sec. 8. Rescission of unobligated funds.
Sec. 9. Rescission of unobligated funds.
Sec. 10. Rescission of unobligated funds.
Sec. 11. Rescission of unobligated funds.
Sec. 12. Rescission of unobligated funds.
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Sec. 13. Rescission of unobligated funds.
Sec. 14. Rescission of unobligated funds.
Sec. 15. Rescission of unobligated funds.
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 11
Sec. 16. Rescission of unobligated funds.
Sec. 17. Rescission of unobligated funds.
Sec. 18. Rescission of unobligated funds.
Sec. 19. Rescission of unobligated funds.
Sec. 20. Rescission of unobligated funds.
Sec. 21. Rescission of unobligated funds.
Sec. 22. Rescission of unobligated funds.
Sec. 23. Rescission of unobligated funds.
Sec. 24. Rescission of unobligated funds.
Sec. 25. Rescission of unobligated funds.
Sec. 26. Rescission of unobligated funds.
Sec. 27. Rescission of unobligated funds.
Sec. 28. Rescission of unobligated funds.
Sec. 29. Rescission of unobligated funds.
Sec. 30. Rescission of unobligated funds.
Sec. 31. Rescission of unobligated funds.
Sec. 32. Rescission of unobligated funds.
Sec. 33. Rescission of unobligated funds.
Sec. 34. Rescission of unobligated funds.
Sec. 35. Rescission of unobligated funds.
Sec. 36. Rescission of unobligated funds.
Sec. 37. Rescission of unobligated funds.
Sec. 38. Rescission of unobligated funds.
Sec. 39. Rescission of unobligated funds.
Sec. 40. Rescission of unobligated funds.
Sec. 41. Rescission of unobligated funds.
Sec. 42. Rescission of unobligated funds.
Sec. 43. Rescission of unobligated funds.
Sec. 44. Rescission of unobligated funds.
Sec. 45. Rescission of unobligated funds.
Sec. 46. Rescission of unobligated funds.
Sec. 47. Rescission of unobligated funds.
Sec. 48. Rescission of unobligated funds.
Sec. 49. Rescission of unobligated funds.
Sec. 50. Rescission of unobligated funds.
Sec. 51. Rescission of unobligated funds.
Sec. 52. Rescission of unobligated funds.
Sec. 53. Rescission of unobligated funds.
Sec. 54. Rescission of unobligated funds.
Sec. 55. Rescission of unobligated funds.
Sec. 56. Rescission of unobligated funds.
Sec. 57. Rescission of unobligated funds.
Sec. 58. Rescission of unobligated funds.
Sec. 59. Rescission of unobligated funds.
Sec. 60. Rescission of unobligated funds.
Sec. 61. Rescission of unobligated funds.
Sec. 62. Rescission of unobligated funds.
Sec. 63. Rescission of unobligated funds.
Sec. 64. Rescission of unobligated funds.
Sec. 65. Rescission of unobligated funds.
Sec. 66. Rescission of unobligated funds.
Sec. 67. Rescission of unobligated funds.
Sec. 68. Rescission of unobligated funds.
Sec. 69. Rescission of unobligated funds.
Sec. 70. Rescission of unobligated funds.
Sec. 71. Rescission of unobligated funds.
Sec. 72. Rescission of unobligated funds.
Sec. 73. Rescission of unobligated funds.
Sec. 74. Rescission of unobligated funds.
Sec. 75. Rescission of unobligated funds.
Sec. 76. Rescission of unobligated funds.
Sec. 77. Rescission of unobligated funds.
Sec. 78. Rescission of unobligated funds.
Sec. 79. Rescission of unobligated funds.
Sec. 80. Rescission of unobligated funds.
Sec. 81. Rescission of unobligated funds.
TITLE II—FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
Sec. 251. Rescission of certain balances made available to the Internal Revenue
Service.
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TITLE III—STATUTORY ADMINISTRATIVE PAY-AS-YOU-GO
Sec. 261. Short title.
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137 STAT. 12 PUBLIC LAW 118–5—JUNE 3, 2023
Sec. 262. Definitions.
Sec. 263. Requirements for administrative actions that affect direct spending.
Sec. 264. Issuance of administrative guidance.
Sec. 265. Waiver.
Sec. 266. Exemption.
Sec. 267. Judicial review.
Sec. 268. Sunset.
Sec. 269. GAO report.
Sec. 270. Congressional Review Act compliance assessment.
TITLE IV—TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL
STUDENT LOANS; RESUMPTION OF ACCRUAL OF INTEREST AND COL-
LECTIONS
Sec. 271. Termination of suspension of payments on Federal student loans; resump-
tion of accrual of interest and collections.
DIVISION C—GROW THE ECONOMY
TITLE I—TEMPORARY ASSISTANCE TO NEEDY FAMILIES
Sec. 301. Recalibration of the caseload reduction credit.
Sec. 302. Pilot projects for promoting accountability by measuring work outcomes.
Sec. 303. Elimination of small checks scheme.
Sec. 304. Reporting of work outcomes.
Sec. 305. Effective date.
TITLE II—SNAP EXEMPTIONS
Sec. 311. Modification of work requirement exemptions.
Sec. 312. Modification of general exemptions.
Sec. 313. Supplemental nutrition assistance program under the Food and Nutrition
Act of 2008.
Sec. 314. Waiver transparency.
TITLE III—PERMITTING REFORM
Sec. 321. Builder Act.
Sec. 322. Interregional Transfer Capability Determination Study.
Sec. 323. Permitting streamlining for energy storage.
Sec. 324. Expediting completion of the Mountain Valley Pipeline.
DIVISION D—INCREASE IN DEBT LIMIT
Sec. 401. Temporary extension of public debt limit.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A—LIMIT FEDERAL SPENDING
TITLE I—DISCRETIONARY SPENDING
LIMITS FOR DISCRETIONARY CAT-
EGORY
SEC. 101. DISCRETIONARY SPENDING LIMITS.
(a) IN GENERAL.—Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is
amended—
(1) in paragraph (7)(B), by striking ‘‘and’’ at the end; and
(2) by inserting after paragraph (8) the following:
‘‘(9) for fiscal year 2024—
‘‘(A) for the revised security category, $886,349,000,000
in new budget authority; and
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‘‘(B) for the revised nonsecurity category;
$703,651,000,000 in new budget authority; and
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 13
‘‘(10) for fiscal year 2025—
‘‘(A) for the revised security category, $895,212,000,000
in new budget authority; and
‘‘(B) for the revised nonsecurity category;
$710,688,000,000 in new budget authority;’’.
(b) CONFORMING AMENDMENTS TO ADJUSTMENTS.—
(1) CONTINUING DISABILITY REVIEWS AND
REDERMINATIONS.—Section 251(b)(2)(B)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is 2 USC 901.
amended—
(A) in subclause (IX), by striking ‘‘and’’ at the end;
(B) in subclause (X), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (X) the following:
‘‘(XI) for fiscal year 2024, $1,578,000,000 in addi-
tional new budget authority; and
‘‘(XII) for fiscal year 2025, $1,630,000,000 in addi-
tional new budget authority.’’.
(2) HEALTH CARE FRAUD AND ABUSE CONTROL.—Section
251(b)(2)(C)(i) of such Act is amended—
(A) in subclause (IX), by striking ‘‘and’’ at the end;
(B) in subclause (X), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (X) the following:
‘‘(XI) for fiscal year 2024, $604,000,000 in addi-
tional new budget authority; and
‘‘(XII) for fiscal year 2025, $630,000,000 in addi-
tional new budget authority.’’.
(3) DISASTER FUNDING.—Section 251(b)(2)(D)(i) of such Act
is amended—
(A) in the matter preceding subclause (I), by striking
‘‘for fiscal years 2012 through 2021’’ and inserting ‘‘for
fiscal years 2024 and 2025’’; and
(B) by amending subclause (II) to read as follows:
‘‘(II) notwithstanding clause (iv), five percent Time period.
of the total appropriations provided in the previous
10 years, net of any rescissions of budget authority
enacted in the same period, with respect to
amounts provided for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121
et seq.) and designated by the Congress in statute
as an emergency; and’’.
(4) REEMPLOYMENT SERVICES AND ELIGIBILITY ASSESS-
MENTS.—Section 251(b)(2)(E)(i) of such Act is amended—
(A) in subclause (III), by striking ‘‘and’’ at the end;
(B) in subclause (IV), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (IV) the following:
‘‘(V) for fiscal year 2024, $265,000,000 in addi-
tional new budget authority; and
‘‘(VI) for fiscal year 2025, $271,000,000 in addi-
tional new budget authority.’’.
(c) CONFORMING AMENDMENTS RELATING TO SEQUESTRATION
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REPORTS.—Section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 904) is amended—
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137 STAT. 14 PUBLIC LAW 118–5—JUNE 3, 2023
(1) in subsection (c)(2), by striking ‘‘2021’’ and inserting
‘‘2025’’; and
(2) in subsection (f)(2)(A), by striking ‘‘2021’’ and inserting
‘‘2025’’.
(d) APPROPRIATION FOR COST OF WAR TOXIC EXPOSURES
FUND.—In addition to amounts otherwise available for such pur-
poses, there are appropriated, out of any money in the Treasury
not otherwise appropriated, for investment in the delivery of vet-
erans’ health care associated with exposure to environmental haz-
ards, the expenses incident to the delivery of veterans’ health care
and benefits associated with exposure to environmental hazards,
and medical and other research relating to exposure to environ-
mental hazards, as authorized by section 324 of title 38, United
States Code—
(1) $20,268,000,000, which shall become available on
October 1, 2023, and shall remain available until September
30, 2028; and
(2) $24,455,000,000, which shall become available on
October 1, 2024, and shall remain available until September
30, 2029.
(e) APPROPRIATION FOR DEPARTMENT OF COMMERCE NON-
RECURRING EXPENSES FUND.—
(1) IN GENERAL.—In addition to amounts otherwise avail-
able, there is appropriated to the Department of Commerce
Nonrecurring Expenses Fund for fiscal year 2023, out of any
money in the Treasury not otherwise appropriated,
$22,000,000,000, to remain available until expended, of which—
(A) $11,000,000,000 is to carry out programs related
to Government efficiencies in fiscal year 2024; and
(B) $11,000,000,000 is to carry out programs related
to Government efficiencies in fiscal year 2025.
(2) LIMITATION ON TRANSFER.—Funds provided by para-
graph (1) shall not be subject to any transfer authority provided
by law.
Applicability. (3) REPORT REQUIREMENTS.—Reporting requirements in
section 111(a) of division B of Public Law 116–93 shall apply
to funds provided by paragraph (1).
(4) STATUTORY PAYGO SCORECARDS.—The budgetary effects
of this subsection shall not be entered on either PAYGO score-
card maintained pursuant to section 4(d) of the Statutory Pay
As-You-Go Act of 2010.
(5) SENATE PAYGO SCORECARDS.—The budgetary effects of
this subsection and each succeeding division shall not be
entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
Estimate. (6) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwith-
standing Rule 3 of the Budget Scorekeeping Guidelines set
forth in the joint explanatory statement of the committee of
conference accompanying Conference Report 105–217 and sec-
tion 250(c)(7) and (c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this sub-
section shall be estimated for purposes of section 251 of such
Act and as appropriations for discretionary accounts for pur-
poses of the allocation to the Committee on Appropriations
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pursuant to section 302(a) of the Congressional Budget Act
of 1974 and the concurrent resolution on the budget.
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 15
(f) ADDITIONAL SPENDING LIMITS.—For purposes of section Applicability.
302(a)(5) of the Congressional Budget and Impoundment Control Time periods.
Act of 1974, in the following applicable fiscal years, the following
discretionary spending limits shall apply:
(1) Fiscal year 2026, $1,621,959,000,000.
(2) Fiscal year 2027, $1,638,179,000,000.
(3) Fiscal year 2028, $1,654,560,000,000.
(4) Fiscal year 2029, $1,671,106,000,000.
SEC. 102. SPECIAL ADJUSTMENTS FOR FISCAL YEARS 2024 AND 2025. Time periods.
Section 251 of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding at the end the following: 2 USC 901.
‘‘(d) REVISED DISCRETIONARY SPENDING LIMITS FOR FISCAL YEAR
2024.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), if on or after
January 1, 2024, there is in effect an Act making continuing
appropriations for part of fiscal year 2024 for any discretionary
budget account, the discretionary spending limits specified in
subsection (c)(9) for fiscal year 2024 shall be adjusted in the
final sequestration report, in accordance with paragraph (2),
as follows:
‘‘(A) For the revised security category, the amount
that is equal to the total budget authority for such category
for base funding, as published in the Congressional Budget
Office cost estimate for the applicable appropriations Acts
for the preceding fiscal year (table 1–S of H.R. 2617, pub-
lished on December 21, 2022), reduced by one percent.
‘‘(B) For the revised non-security category, the amount
that is equal to the total budget authority for such category
for base funding as published in the Congressional Budget
Office cost estimate for the applicable appropriations Acts
for the preceding fiscal year (table 1–S of H.R. 2617, pub-
lished on December 21, 2022), reduced by one percent.
‘‘(2) FINAL REPORT; SEQUESTRATION ORDER.—If the condi-
tions specified in paragraph (1) are met during fiscal year
2024, the final sequestration report for such fiscal year pursu-
ant to section 254(f)(1) and any order pursuant to section
254(f)(5) shall be issued on the earlier of—
‘‘(A) 10 days, not including weekends and holidays,
for the Congressional Budget Office and 15 days, not
including weekends and holidays, for the Office of Manage-
ment and Budget and the President, after the enactment
into law of annual full-year appropriations for all budget
accounts that normally receive such annual appropriations
(or the enactment of the applicable full-year appropriations
Acts without any provision for such accounts); or
‘‘(B) April 30, 2024.
‘‘(3) REVERSAL.—If, after January 1, 2024, there are enacted
into law each of the full year discretionary appropriation Acts,
then the adjustment to the applicable discretionary spending
limits in paragraph (1) shall have no force or effect, and the
discretionary spending limits for the revised security category
and revised nonsecurity category for the applicable fiscal year
shall be such limits as in effect on December 31 of the applicable
fiscal year.
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‘‘(e) REVISED DISCRETIONARY SPENDING LIMITS FOR FISCAL YEAR
2025.—
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137 STAT. 16 PUBLIC LAW 118–5—JUNE 3, 2023
‘‘(1) IN GENERAL.—Subject to paragraph (3), if on or after
January 1, 2025, there is in effect an Act making continuing
appropriations for part of fiscal year 2025 for any discretionary
budget account, the discretionary spending limits specified in
subsection (c)(10) for fiscal year 2025 shall be adjusted in
the final sequestration report, in accordance with paragraph
(2), as follows:
‘‘(A) for the revised security category, the amount cal-
culated for such category in section (d)(1)(A); and
‘‘(B) for the revised non-security category, the amount
calculated for each category in section (d)(1)(B).
‘‘(2) FINAL REPORT; SEQUESTRATION ORDER.—If the condi-
tions specified in paragraph (1) are met during fiscal year
2025, the final sequestration report for such fiscal year pursu-
ant to section 254(f)(1) and any order pursuant to section
254(f)(5) shall be issued on the earlier of—
‘‘(A) 10 days, not including weekends and holidays,
for the Congressional Budget Office, and 15 days, not
including weekends and holidays, for the Office of Manage-
ment and Budget and the President, after the enactment
into law of annual full-year appropriations for all budget
accounts that normally receive such annual appropriations
(or the enactment of the applicable full-year appropriations
Acts without any provision for such accounts); or
‘‘(B) April 30, 2025.
‘‘(3) REVERSAL.—If, after January 1, 2025, there are enacted
into law each of the full year discretionary appropriation Acts,
then the adjustment to the applicable discretionary spending
limits in paragraph (1) shall have no force or effect, and the
discretionary spending limits for the revised security category
and revised nonsecurity category for the applicable fiscal year
shall be such limits as in effect on December 31 of the applicable
fiscal year.’’.
SEC. 103. BUDGETARY TREATMENT OF PREVIOUSLY ENACTED EMER-
GENCY REQUIREMENTS.
(a) IN GENERAL.—Notwithstanding section 905(c) of division
J of Public Law 117–58 and section 23005(c) of division B of Public
Law 117–159, Rule 3 of the Budget Scorekeeping Guidelines set
forth in the joint explanatory statement of the committee of con-
ference accompanying Conference Report 105–217, and sections
250(c)(7) and (c)(8) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the budgetary effects for any fiscal year for
the amounts specified in subsection (b) shall not count for purposes
of section 251 of such Act.
(b) AMOUNTS.—The amounts specified in this subsection are—
(1) amounts designated by the Congress as being for an
emergency requirement pursuant to section 4001(a)(1) and sec-
tion 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, in division B
of the Bipartisan Safer Communities Act (Public Law 117–
159);
(2) amounts designated by the Congress as an emergency
requirement pursuant to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985 in division J of
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the Infrastructure Investment and Jobs Act (Public Law 117–
58); and
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 17
(3) amounts designated by the Congress as being for an
emergency requirement pursuant to section 4001(a)(1) and sec-
tion 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e)
of H. Res. 1151 (117th Congress) in section 443(b) in division
G of the Consolidated Appropriations Act, 2023 (Public Law
117–328).
TITLE II—BUDGET ENFORCEMENT IN
THE HOUSE OF REPRESENTATIVES
SEC. 111. AUTHORITY FOR FISCAL YEAR 2024 BUDGET RESOLUTION Time periods.
IN THE HOUSE OF REPRESENTATIVES.
(a) FISCAL YEAR 2024.—For the purpose of enforcing the Applicability.
Congressional Budget Act of 1974 for fiscal year 2024, the alloca-
tions, aggregates, and levels provided for in subsection (b) shall
apply in the House of Representatives in the same manner as
for a concurrent resolution on the budget for fiscal year 2024
with appropriate budgetary levels for fiscal year 2024 and for fiscal
years 2025 through 2033.
(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.—In Congressional
the House of Representatives, the Chair of the Committee on the Record,
publication.
Budget shall submit a statement for publication in the Congres-
sional Record as soon as practicable containing—
(1) for the Committee on Appropriations, committee alloca-
tions 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 alloca-
tions for fiscal year 2024 for current law mandatory budget
authority and outlays, for the purpose of enforcing section
302 of the Congressional Budget Act of 1974;
(2) for all committees of the House of Representatives other
than the Committee on Appropriations, committee allocations
for fiscal year 2024 and for the period of fiscal years 2025
through 2033 consistent with the most recent baseline of the
Congressional Budget Office, as adjusted, to the extent prac-
ticable, for the budgetary effects of any provision of law enacted
during the period beginning on the date such baseline is issued
and ending on the date of submission of such statement, for
the purpose of enforcing section 302 of the Congressional
Budget Act of 1974;
(3) aggregate spending levels for fiscal year 2024 in accord-
ance with the allocations established under paragraphs (1)
and (2), for the purpose of enforcing section 311 of the Congres-
sional Budget Act of 1974; and
(4) aggregate revenue levels for fiscal year 2024 and for
the period of fiscal years 2025 through 2033 consistent with
the most recent baseline of the Congressional Budget Office,
as adjusted, to the extent practicable, for the budgetary effects
of any provision of law enacted during the period beginning
on the date such baseline is issued and ending on the date
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of submission of such statement, for the purpose of enforcing
section 311 of the Congressional Budget Act of 1974.
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137 STAT. 18 PUBLIC LAW 118–5—JUNE 3, 2023
(c) ADJUSTMENTS.—The Chair of the Committee on the Budget
of the House of Representatives may adjust the allocations, aggre-
gates, and other budgetary levels included in the statement referred
to in subsection (b)—
(1) to reflect changes resulting from the Congressional
Budget Office’s updates to its baseline for fiscal years 2024
through 2033; or
(2) for any bill, joint resolution, amendment, or conference
report by the amounts provided in such measure if such
measure would not increase the deficit for either of the following
time periods: fiscal year 2024 to fiscal year 2028 or fiscal
year 2024 to fiscal year 2033.
(d) EXPIRATION.—Subsections (a) through (c) shall no longer
apply if a concurrent resolution on the budget for fiscal year 2024
is agreed to by the Senate and House of Representatives.
SEC. 112. LIMITATION ON ADVANCE APPROPRIATIONS IN THE HOUSE
OF REPRESENTATIVES.
(a) IN GENERAL.—In the House of Representatives, except as
provided in subsection (b), any general appropriation bill or bill
or joint resolution continuing appropriations, or amendment thereto
or conference report thereon, may not provide an advance appropria-
tion.
Congressional (b) EXCEPTIONS.—An advance appropriation may be provided
Record, for programs, activities or accounts identified in lists submitted
publication. for printing in the Congressional Record by the Chair of the Com-
mittee on the Budget—
(1) for fiscal year 2025, under the heading ‘‘ACCOUNTS
IDENTIFIED FOR ADVANCE APPROPRIATIONS’’ in an aggregate
amount not to exceed $28,852,000,000 in new budget authority;
(2) for fiscal year 2025, under the heading ‘‘VETERANS
ACCOUNTS IDENTIFIED FOR ADVANCE APPROPRIATIONS’’; and
(3) for fiscal year 2025, under the heading ‘‘INDIAN HEALTH
ACCOUNTS IDENTIFIED FOR ADVANCE APPROPRIATIONS’’ in an
aggregate amount not to exceed the total budget authority
provided for such accounts for fiscal year 2024 in bills or
joint resolutions making appropriations for fiscal year 2024.
(c) DEFINITION.—The term ‘‘advance appropriation’’ means any
new discretionary budget authority provided in a general appropria-
tion bill or bill or joint resolution continuing appropriations for
fiscal year 2024, or any amendment thereto or conference report
thereon, that first becomes available following fiscal year 2024.
(d) EXPIRATION.—The preceding subsections of this section shall
expire if a concurrent resolution on the budget for fiscal year
2024 is agreed to by the Senate and the House of Representatives
pursuant to section 301 of the Congressional Budget Act of 1974.
SEC. 113. EXERCISE OF RULEMAKING POWERS.
This title is enacted by the House of Representatives—
(1) as an exercise of the rulemaking power of the House,
and as such shall be considered as part of the rules of the
House, and such rules shall supersede other rules only to
the extent that it is inconsistent therewith; and
(2) with full recognition of the constitutional right of the
House to change such rules (so far as relating to the House)
whamilton on LAP1Z6H6L3PROD with STATUTES
at any time, in the same manner, and to the same extent
as in the case of any other rule of the House.
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 19
TITLE III—BUDGET ENFORCEMENT IN
THE SENATE
SEC. 121. AUTHORITY FOR FISCAL YEAR 2024 BUDGET RESOLUTION
IN THE SENATE.
(a) FISCAL YEAR 2024.—For the purpose of enforcing the Applicability.
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) and
enforcing budgetary points of order in prior concurrent resolutions
on the budget, the allocations, aggregates, and levels provided for
in subsection (b) shall apply in the Senate in the same manner
as for a concurrent resolution on the budget for fiscal year 2024
with appropriate budgetary levels for fiscal year 2024 and for fiscal
years 2025 through 2033.
(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.—The Congressional
Chairman of the Committee on the Budget of the Senate shall Record,
publication.
submit a statement for publication in the Congressional Record Time periods.
as soon as practicable after the date of enactment of this Act
that includes—
(1) for the Committee on Appropriations of the Senate,
committee allocations for fiscal year 2024 consistent with the
discretionary spending limits set forth in section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
as amended by this Act, and the outlays flowing therefrom,
for the purpose of enforcing section 302 of the Congressional
Budget Act of 1974;
(2) for all committees other than the Committee on Appro-
priations, committee allocations for fiscal years 2024, 2024
through 2028, and 2024 through 2033, consistent with the
May 2023 baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline
was issued and ending on the date of submission of such
statement, for the purpose of enforcing section 302 of the
Congressional Budget Act of 1974 (2 U.S.C. 633);
(3) aggregate spending levels for fiscal year 2024 in accord-
ance with the allocations established under paragraphs (1)
and (2), for the purpose of enforcing section 311 of the Congres-
sional Budget Act of 1974 (2 U.S.C. 642);
(4) aggregate revenue levels for fiscal years 2024, 2024
through 2028, and 2024 through 2033, consistent with the
May 2023 baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline
was issued and ending on the date of submission of such
statement, for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974 (2 U.S.C. 642);
(5) levels of Social Security revenues and outlays for fiscal
years 2024, 2024 through 2028, and 2024 through 2033, con-
sistent 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
whamilton on LAP1Z6H6L3PROD with STATUTES
and 311 of the Congressional Budget Act of 1974 (2 U.S.C.
633, 642); and
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137 STAT. 20 PUBLIC LAW 118–5—JUNE 3, 2023
(6) a statement under the heading ‘‘Accounts Identified
for Advance Appropriations’’ for the purpose of enforcing section
123 of this title.
(c) ADDITIONAL MATTER.—The statement referred to in sub-
section (b) may also include for fiscal year 2024 the deficit-neutral
reserve fund in section 3003 of S. Con. Res. 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022, updated
by 2 fiscal years.
(d) EXPIRATION.—This section shall expire if a concurrent reso-
lution on the budget for fiscal year 2024 is agreed to by the Senate
and the House of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974 (2 U.S.C. 632).
Time periods. SEC. 122. AUTHORITY FOR FISCAL YEAR 2025 BUDGET RESOLUTION
IN THE SENATE.
Applicability. (a) FISCAL YEAR 2025.—For the purpose of enforcing the
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), after
April 15, 2024, and enforcing budgetary points of order in prior
concurrent resolutions on the budget, the allocations, aggregates,
and levels provided for in subsection (b) shall apply in the Senate
in the same manner as for a concurrent resolution on the budget
for fiscal year 2025 with appropriate budgetary levels for fiscal
year 2025 and for fiscal years 2026 through 2034.
Deadline. (b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.—After
Congressional April 15, 2024, but not later than May 15, 2024, the Chairman
Record,
publication. of the Committee on the Budget of the Senate shall submit a
statement for publication in the Congressional Record that
includes—
(1) for the Committee on Appropriations of the Senate,
committee allocations for fiscal year 2025 consistent with the
discretionary spending limits set forth in section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
as amended by this Act, and the outlays flowing therefrom,
for the purpose of enforcing section 302 of the Congressional
Budget Act of 1974 (2 U.S.C. 633);
(2) for all committees other than the Committee on Appro-
priations, committee allocations for fiscal years 2025, 2025
through 2029, and 2025 through 2034 consistent with the most
recent baseline of the Congressional Budget Office, as adjusted
for the budgetary effects of any provision of law enacted during
the period beginning on the date such baseline is issued and
ending on the date of submission of such statement, for the
purpose of enforcing section 302 of the Congressional Budget
Act of 1974 (2 U.S.C. 633);
(3) aggregate spending levels for fiscal year 2025 in accord-
ance with the allocations established under paragraphs (1)
and (2), for the purpose of enforcing section 311 of the Congres-
sional Budget Act of 1974 (2 U.S.C. 642);
(4) aggregate revenue levels for fiscal years 2025, 2025
through 2029, and 2025 through 2034 consistent with the most
recent baseline of the Congressional Budget Office, as adjusted
for the budgetary effects of any provision of law enacted during
the period beginning on the date such baseline is issued and
ending on the date of submission of such statement, for the
whamilton on LAP1Z6H6L3PROD with STATUTES
purpose of enforcing section 311 of the Congressional Budget
Act of 1974 (2 U.S.C. 642);
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 21
(5) levels of Social Security revenues and outlays for fiscal
years 2025, 2025 through 2029, and 2025 through 2034 con-
sistent 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 submis-
sion of such statement, for the purpose of enforcing sections
302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C.
633, 642); and
(6) a statement under the heading ‘‘Accounts Identified
for Advance Appropriations’’ for the purpose of enforcing section
123 of this title.
(c) ADDITIONAL MATTER.—The statement referred to in sub-
section (b) may also include for fiscal year 2025 the deficit-neutral
reserve fund in section 3003 of S. Con. Res. 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022, updated
by 3 fiscal years.
(d) EXPIRATION.—This section shall expire if a concurrent reso-
lution on the budget for fiscal year 2025 is agreed to by the Senate
and the House of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974 (2 U.S.C. 632).
SEC. 123. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE.
(a) POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS IN
THE SENATE.—
(1) IN GENERAL.—
(A) POINT OF ORDER.—Except as provided in paragraph
(2), it shall not be in order in the Senate to consider
any bill, joint resolution, motion, amendment, amendment
between the Houses, or conference report that would pro-
vide an advance appropriation for a discretionary account.
(B) DEFINITION.—In this subsection, the term ‘‘advance
appropriation’’ means any new budget authority provided
in a bill or joint resolution making appropriations for fiscal
year 2024 that first becomes available for any fiscal year
after 2024 or any new budget authority provided in a
bill or joint resolution making appropriations for fiscal
year 2025 that first becomes available for any fiscal year
after 2025.
(2) EXCEPTIONS.—Advance appropriations may be pro- Time periods.
vided—
(A) for fiscal years 2025 and 2026, for programs,
projects, activities, or accounts identified in a statement
submitted to the Congressional Record by the Chairman
of the Committee on the Budget of the Senate under the
heading ‘‘Accounts Identified for Advance Appropriations’’
in an aggregate amount not to exceed $28,852,000,000 in
new budget authority in each fiscal year;
(B) for the Corporation for Public Broadcasting;
(C) for the Department of Veterans Affairs for the
Medical Services, Medical Support and Compliance, Vet-
erans Medical Community Care, and Medical Facilities
accounts of the Veterans Health Administration; and
(D) for the Department of Health and Human Services
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for the Indian Health Services and Indian Health Facilities
accounts—
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137 STAT. 22 PUBLIC LAW 118–5—JUNE 3, 2023
(i) for fiscal year 2025, in an amount that is not
more than the amount provided for fiscal year 2024
in a bill or joint resolution making appropriations for
fiscal year 2023 or 2024 for programs, projects, and
activities that are not prohibited from using amounts
provided for fiscal year 2024 in a bill or joint resolution
making appropriations for fiscal year 2023; and
(ii) for fiscal year 2026, in an amount that is
not more than the amount provided for fiscal year
2025 in a bill or joint resolution making appropriations
for fiscal year 2024 or 2025 for programs, projects,
and activities that are not prohibited from using
amounts provided for fiscal year 2025 in a bill or
joint resolution making appropriations for fiscal year
2024.
(3) SUPERMAJORITY WAIVER AND APPEAL.—
(A) WAIVER.—In the Senate, paragraph (1) may be
waived or suspended only by an affirmative vote of three-
fifths of the Members, duly chosen and sworn.
(B) APPEAL.—An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be
required to sustain an appeal of the ruling of the Chair
on a point of order raised under paragraph (1).
(4) FORM OF POINT OF ORDER.—A point of order under
paragraph (1) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974 (2 U.S.C.
644(e)).
(5) CONFERENCE REPORTS.—When the Senate is considering
a conference report on, or an amendment between the Houses
in relation to, a bill or joint resolution, upon a point of order
being made by any Senator pursuant to this subsection, and
such point of order being sustained, such material contained
in such conference report or amendment between the Houses
shall be stricken, and the Senate shall proceed to consider
the question of whether the Senate shall recede from its amend-
ment and concur with a further amendment, or concur in
the House amendment with a further amendment, as the case
may be, which further amendment shall consist of only that
portion of the conference report or House amendment, as the
case may be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of order
is sustained against a conference report (or Senate amendment
derived from such conference report by operation of this para-
graph), no further amendment shall be in order.
(b) EXPIRATION.—Subsection (a) shall terminate on the date
on which a concurrent resolution on the budget for fiscal year
2024 or for fiscal year 2025 is agreed to by the Senate and House
of Representatives pursuant to section 301 of the Congressional
Budget Act of 1974 (2 U.S.C. 632).
SEC. 124. EXERCISE OF RULEMAKING POWERS.
This title is enacted by the Senate—
(1) as an exercise of the rulemaking power of the Senate,
and as such shall be considered as part of the rules of the
whamilton on LAP1Z6H6L3PROD with STATUTES
Senate, and such rules shall supersede other rules only to
the extent that it is inconsistent therewith; and
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 23
(2) with full recognition of the constitutional right of the
Senate to change such rules (so far as relating to the Senate)
at any time, in the same manner, and to the same extent
as in the case of any other rule of the Senate.
DIVISION B—SAVE TAXPAYER DOLLARS
TITLE I—RESCISSION OF UNOBLIGATED FUNDS
SEC. 1. Each rescission made by this title shall be applied Applicability.
to the unobligated balances for each applicable appropriation as
of the date of enactment of this title.
SEC. 2. The unobligated balances from the following appropria-
tions, in the following amounts and subject to the conditions speci-
fied below, are hereby permanently rescinded:
(1) All of the unobligated balances of funds made available
under the heading ‘‘Public Health and Social Services Emer-
gency Fund’’ in title III of division A of Public Law 116–
123, including any funds transferred from such heading that
remain unobligated, with the exception of $59,000,000.
(2) All of the unobligated balances of funds made available
under the heading ‘‘Public Health and Social Services Emer-
gency Fund’’ in title V of division A of Public Law 116–127,
including any funds transferred from such heading that remain
unobligated.
(3) All of the unobligated balances of funds made available
under the heading ‘‘Public Health and Social Services Emer-
gency Fund’’ in title VIII of division B of Public Law 116–
136, including any funds transferred from such heading that
remain unobligated, with the exception of $2,127,000,000 and—
(A) any funds that were transferred and merged with
the Covered Countermeasure Process Fund authorized by
section 319F–4 of the Public Health Service Act; and
(B) any funds that were transferred and merged with
funds made available under the heading ‘‘Office of the
Secretary—Office of Inspector General’’ pursuant to section
18113 of title VIII of division B of Public Law 116–136.
(4) All of the unobligated balances of funds made available
in the first paragraph under the heading ‘‘Public Health and
Social Services Emergency Fund’’ in title I of division B of
Public Law 116–139, including any funds transferred from such
heading that remain unobligated, with the exception of
$300,000,000, which shall remain available for necessary
expenses for program administration and oversight.
(5) All of the unobligated balances of funds made available
in the second paragraph under the heading ‘‘Public Health
and Social Services Emergency Fund’’ in title I of division
B of Public Law 116–139, including any funds transferred from
such heading that remain unobligated, with the exception of
$243,000,000 and any funds that were transferred and merged
with funds made available under the heading ‘‘Office of the
Secretary—Office of Inspector General’’ pursuant to section 103
of title I of division B of Public Law 116–139.
(6) All of the unobligated balances of funds made available
whamilton on LAP1Z6H6L3PROD with STATUTES
under the heading ‘‘Public Health and Social Services Emer-
gency Fund’’ in title III of division M of Public Law 116–
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137 STAT. 24 PUBLIC LAW 118–5—JUNE 3, 2023
260, including any funds transferred from such heading that
remain unobligated, with the exception of $205,000,000.
(7) All of the unobligated balances of funds made available
under the heading ‘‘Centers for Disease Control and Preven-
tion—CDC–Wide Activities and Program Support’’ in title III
of division A of Public Law 116–123, including any funds trans-
ferred from such heading that remain unobligated, with the
exception of $195,000,000 and any funds that were transferred
and merged with the Infectious Diseases Rapid Response
Reserve Fund established by section 231 of division B of Public
Law 115–245.
(8) All of the unobligated balances of funds made available
under the heading ‘‘Centers for Disease Control and Preven-
tion—CDC–Wide Activities and Program Support’’ in title VIII
of division B of Public Law 116–136, including any funds trans-
ferred from such heading that remain unobligated, with the
exception of $446,000,000 and any funds that were transferred
and merged with the Infectious Diseases Rapid Response
Reserve Fund established by section 231 of division B of Public
Law 115–245.
(9) All of the unobligated balances of funds made available
under the heading ‘‘Centers for Disease Control and Preven-
tion—CDC–Wide Activities and Program Support’’ in title III
of division M of Public Law 116–260, including any funds
transferred from such heading that remain unobligated, with
the exception of $177,000,000.
(10) All of the unobligated balances of funds made available
under the heading ‘‘National Institutes of Health—National
Institute of Allergy and Infectious Diseases’’ in title III of
division A of Public Law 116–123, including any funds trans-
ferred from such heading that remain unobligated.
(11) All of the unobligated balances of funds made available
to ‘‘Centers for Medicare & Medicaid Services—Program
Management’’ in title VIII of division B of Public Law 116–
136.
(12) All of the unobligated balances of funds made available
by section 2301 of Public Law 117–2, with the exception of
$103,000,000.
(13) All of the unobligated balances of funds made available
by section 2302 of Public Law 117–2.
(14) All of the unobligated balances of funds made available
by section 2303 of Public Law 117–2, with the exception of
$69,000,000.
(15) All of the unobligated balances of funds made available
by section 2401 of Public Law 117–2, with the exception of
$7,323,000,000.
(16) All of the unobligated balances of funds made available
by section 2402 of Public Law 117–2, with the exception of
$714,000,000.
(17) All of the unobligated balances of funds made available
by section 2403 of Public Law 117–2.
(18) All of the unobligated balances of funds made available
by section 2501 of Public Law 117–2.
(19) All of the unobligated balances of funds made available
by section 2502 of Public Law 117–2.
whamilton on LAP1Z6H6L3PROD with STATUTES
(20) All of the unobligated balances of funds made available
by section 2601 of Public Law 117–2.
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 25
(21) All of the unobligated balances of funds made available
by section 2602 of Public Law 117–2.
(22) All of the unobligated balances of funds made available
by section 2603 of Public Law 117–2.
(23) All of the unobligated balances of funds made available
by section 2604 of Public Law 117–2.
(24) All of the unobligated balances of funds made available
by section 2605 of Public Law 117–2.
(25) All of the unobligated balances of funds made available
by section 2703 of Public Law 117–2.
(26) All of the unobligated balances of funds made available
by section 2704 of Public Law 117–2.
(27) All of the unobligated balances of funds made available
by section 2705 of Public Law 117–2.
(28) All of the unobligated balances of funds made available
by section 2711 of Public Law 117–2.
(29) All of the unobligated balances of funds made available
by section 2712 of Public Law 117–2.
(30) All of the unobligated balances of funds made available
by section 2801 of Public Law 117–2.
(31) All of the unobligated balances of funds made available
by section 3101 of Public Law 117–2, with the exception of
$793,000,000.
(32) All of the unobligated balances of funds made available
by section 511A(a) of the Social Security Act, as added by
section 9101 of Public Law 117–2.
(33) All of the unobligated balances of funds made available
by section 1150C(a) of the Social Security Act, as added by
section 9911 of Public Law 117–2.
(34) All of the unobligated balances of funds made available
by section 1947(e) of the Social Security Act, as added by
section 9813 of Public Law 117–2.
(35) All of the unobligated balances of funds made available
by section 1862(g)(2) of the Social Security Act, as added by
section 9401 of Public Law 117–2.
SEC. 3. The unobligated balances of amounts made available
under the heading ‘‘Agricultural Programs—Office of the Secretary’’
in title I of division B of Public Law 116–136 are hereby perma-
nently rescinded.
SEC. 4. The unobligated balances of amounts made available
by section 751 in title VII of division N of Public Law 116–260
are hereby permanently rescinded, except for funds made available
by section 601 of division HH of Public Law 117–328.
SEC. 5. The unobligated balances of amounts made available
by section 753 in title VII of division N of Public Law 116–260
are hereby permanently rescinded.
SEC. 6. The unobligated balances of amounts made available
by section 754 in title VII of division N of Public Law 116–260
are hereby permanently rescinded.
SEC. 7. The unobligated balances of amounts made available
by section 762(i) in title VII of division N of Public Law 116–
260 are hereby permanently rescinded.
SEC. 8. The unobligated balances of amounts made available
whamilton on LAP1Z6H6L3PROD with STATUTES
by section 764(f) in title VII of division N of Public Law 116–
260 are hereby permanently rescinded.
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137 STAT. 26 PUBLIC LAW 118–5—JUNE 3, 2023
SEC. 9. The unobligated balances of amounts made available
by section 1001 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 10. Of the unobligated balances of amounts made available
by section 4027 of title IV of division A of Public Law 116–136,
$200,000,000 are hereby permanently rescinded.
SEC. 11. Of the unobligated balances of amounts made available
by section 4120 of title IV of division A of Public Law 116–136,
$295,000,000 are hereby permanently rescinded.
SEC. 12. The unobligated balances of amounts made available
by section 7301(c) of Public Law 117–2 are hereby permanently
rescinded.
SEC. 13. The unobligated balances of amounts made available
by section 104A(m) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.), as
added by section 522 of title V of division N of Public Law 116–
260 are hereby permanently rescinded, with the exception of
$284,500,000, which shall remain available for necessary expenses
associated with the making of awards announced prior to the enact-
ment of this Act.
SEC. 14. Of the unobligated balances of amounts made available
by section 3301(a)(2)(A) of Public Law 117–2, $150,000,000 are
hereby permanently rescinded.
SEC. 15. The unobligated balances of amounts made available
by section 411 in subtitle A of title IV of division N of Public
Law 116–260 are hereby permanently rescinded.
SEC. 16. The unobligated balances of amounts made available
by subsection (a) of section 2206 of Public Law 117–2 are hereby
permanently rescinded, with the exception of amounts allocated
under paragraphs (6) and (7) of subsection (b) of such section.
SEC. 17. The unobligated balances of amounts made available
by section 2001 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 18. The unobligated balances of amounts made available
by section 2002 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 19. The unobligated balances of amounts made available
by section 2003 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 20. The unobligated balances of amounts made available
under the heading ‘‘Federal Highway Administration—Highway
Infrastructure Programs’’ in title IV of division M of Public Law
116–260 are hereby permanently rescinded.
SEC. 21. The unobligated balances of amounts made available
by section 7202(a) of Public Law 117–2 are hereby permanently
rescinded.
SEC. 22. The unobligated balances of amounts made available
by sections 5002(b) and 5006(a)(2) of Public Law 117–2, including
any amounts transferred and merged with ‘‘Small Business
Administration—Disaster Loans Program Account’’ pursuant to sec-
tion 90007(b)(2)(A) of Public Law 117–58 that remain unobligated,
are hereby permanently rescinded.
SEC. 23. The unobligated balances of amounts made available
under the heading ‘‘Independent Agencies—Small Business
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Administration—Disaster Loans Program Account’’ in title II of
division B of Public Law 116–139 are hereby permanently rescinded.
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 27
SEC. 24. Of the unobligated balances of amounts made available
by section 2118(a) of title II of division A of Public Law 116–
136, as added by section 9032 of Public Law 117–2, $1,000,000,000
are hereby permanently rescinded.
SEC. 25. The unobligated balances of amounts made available
under the heading ‘‘Department of Housing and Urban Develop-
ment—Public and Indian Housing—Tenant-Based Rental Assist-
ance’’ in title XII of division B of Public Law 116–136 are hereby
permanently rescinded.
SEC. 26. The unobligated balances of amounts made available
under the heading ‘‘Department of Housing and Urban Develop-
ment—Public and Indian Housing—Native American Programs’’ in
title XII of division B of Public Law 116–136 are hereby perma-
nently rescinded.
SEC. 27. The unobligated balances of amounts made available
under the heading ‘‘Department of Housing and Urban Develop-
ment—Housing Programs—Housing for Persons with Disabilities’’
in title XII of division B of Public Law 116–136 are hereby perma-
nently rescinded.
SEC. 28. The unobligated balances of amounts made available
under the heading ‘‘Department of Housing and Urban Develop-
ment—Housing Programs—Project-Based Rental Assistance’’ in title
XII of division B of Public Law 116–136 are hereby permanently
rescinded.
SEC. 29. The unobligated balances of amounts made available
under the heading ‘‘Department of Housing and Urban Develop-
ment—Housing Programs—Housing for the Elderly’’ in title XII
of division B of Public Law 116–136 are hereby permanently
rescinded.
SEC. 30. The unobligated balances of amounts made available
by section 3208(a) of Public Law 117–2 are hereby permanently
rescinded.
SEC. 31. The unobligated balances of amounts made available
under the heading ‘‘Department of Transportation—Office of the
Secretary—Salaries and Expenses’’ in title XII of division B of
Public Law 116–136 are hereby permanently rescinded.
SEC. 32. The unobligated balances of amounts made available
under the heading ‘‘Department of Transportation—Office of the
Secretary—Essential Air Service’’ in title XII of division B of Public
Law 116–136 are hereby permanently rescinded.
SEC. 33. The unobligated balances of amounts made available
under the heading ‘‘Department of Transportation—Federal Avia-
tion Administration—Grants-In-Aid for Airports’’ in title XII of divi-
sion B of Public Law 116–136 are hereby permanently rescinded.
SEC. 34. The unobligated balances of amounts made available
by section 7101 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 35. The unobligated balances of amounts made available
by section 7102(a)(1) of Public Law 117–2 are hereby permanently
rescinded.
SEC. 36. The unobligated balances of amounts made available
by section 501(a)(1) of title V of division N of Public Law 116–
260 are hereby permanently rescinded.
SEC. 37. The unobligated balances of amounts made available
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by section 9601(d)(1) of Public Law 117–2 are hereby permanently
rescinded.
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137 STAT. 28 PUBLIC LAW 118–5—JUNE 3, 2023
SEC. 38. The unobligated balances of amounts made available
by section 4009 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 39. The unobligated balances of amounts made available
under the heading ‘‘Department of Justice—General Administra-
tion—Justice Information Sharing Technology’’ in title II of division
B of Public Law 116–136 are hereby permanently rescinded.
SEC. 40. Of the unobligated balances of amounts made available
under the heading ‘‘Department of Defense—Procurement—Defense
Production Act Purchases’’ in title III of division B of Public Law
116–136, $61,381,230 are hereby permanently rescinded.
SEC. 41. The unobligated balances of amounts made available
under the heading ‘‘Department of State—Administration of Foreign
Affairs—Diplomatic Programs’’ in title XI of division B of Public
Law 116–136 and subsequently transferred to the Department of
State’s ‘‘Educational and Cultural Exchange Programs’’ account are
hereby permanently rescinded.
SEC. 42. The unobligated balances of amounts made available
under the heading ‘‘Bilateral Economic Assistance—Department of
State—Migration and Refugee Assistance’’ in title XI of division
B of Public Law 116–136 are hereby permanently rescinded.
SEC. 43. The unobligated balances of amounts made available
under the heading ‘‘Bilateral Economic Assistance—Funds Appro-
priated to the President—International Disaster Assistance’’ in title
XI of division B of Public Law 116–136 are hereby permanently
rescinded.
SEC. 44. The unobligated balances of amounts made available
under the heading ‘‘Department of State—Administration of Foreign
Affairs—Sudan Claims’’ in title IX of division K of Public Law
116–260 are hereby permanently rescinded.
SEC. 45. The unobligated balances of amounts made available
under the heading ‘‘Bilateral Economic Assistance—Funds Appro-
priated to the President—Economic Support Fund’’ in title IX of
division K of Public Law 116–260 are hereby permanently rescinded.
SEC. 46. The unobligated balances of amounts made available
under the heading ‘‘Federal Communications Commission—Salaries
and Expenses’’ in title V of division B of Public Law 116–136
are hereby permanently rescinded.
SEC. 47. The unobligated balances of amounts made available
under the heading ‘‘Independent Agencies—Small Business
Administration—Emergency EIDL Grants’’ in title II of division
B of Public Law 116–139 are hereby permanently rescinded.
SEC. 48. The unobligated balances of amounts made available
by section 323(d)(1)(B) of title III of division N of Public Law
116–260 are hereby permanently rescinded.
SEC. 49. The unobligated balances of amounts made available
by section 323(d)(1)(E)(i) of title III of division N of Public Law
116–260 are hereby permanently rescinded.
SEC. 50. The unobligated balances of amounts made available
by section 902(c)(5) of title IX of division N of Public Law 116–
260 are hereby permanently rescinded.
SEC. 51. The unobligated balances of amounts made available
by section 905(b) of title IX of division N of Public Law 116–
260 are hereby permanently rescinded.
SEC. 52. The unobligated balances of amounts made available
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by section 5003(b)(2)(A) of Public Law 117–2 are hereby perma-
nently rescinded.
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 29
SEC. 53. The unobligated balances of amounts described in
the tenth proviso under the heading ‘‘Administration for Children
and Families—Payments to States for the Child Care and Develop-
ment Block Grant’’ in title III of division M of Public Law 116–
260 are hereby permanently rescinded.
SEC. 54. The unobligated balances of amounts made available
by section 2201(b) of Public Law 117–2 are hereby permanently
rescinded.
SEC. 55. The unobligated balances of amounts made available
by section 2204(d)(1) of Public Law 117–2, including any amounts
made available by amendments made by such section, are hereby
permanently rescinded.
SEC. 56. The unobligated balances of amounts made available
by section 2205 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 57. The unobligated balances of amounts made available
by section 2912(a) of Public Law 117–2 are hereby permanently
rescinded.
SEC. 58. The unobligated balances of amounts made available
by section 403(c) of the Social Security Act, as added by section
9201 of Public Law 117–2 are hereby permanently rescinded.
SEC. 59. The unobligated balances of amounts made available
by section 816(f) of the Native American Programs Act of 1974
(42 U.S.C. 2992d(f)), as added by section 11004 of Public Law
117–2, are hereby permanently rescinded.
SEC. 60. The unobligated balances of amounts made available
under the heading ‘‘Rural Development Programs—Rural Utilities
Service—Distance Learning, Telemedicine, and Broadband Pro-
gram’’ in title I of division B of Public Law 116–136 are hereby
permanently rescinded.
SEC. 61. The unobligated balances of amounts made available
by section 752 of title VII of division N of Public Law 116–260
are hereby permanently rescinded.
SEC. 62. The unobligated balances of amounts made available
by section 1002(c) of Public Law 117–2, are hereby permanently
rescinded.
SEC. 63. The unobligated balances of amounts made available
by section 3207(a) of Public Law 117–2 are hereby permanently
rescinded.
SEC. 64. The unobligated balances of amounts made available
under the heading ‘‘Department of Energy—Energy Programs—
Science’’ in title IV of division B of Public Law 116–136 are hereby
permanently rescinded.
SEC. 65. The unobligated balances of amounts made available
by section 6003 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 66. The unobligated balances of amounts made available
by section 11002(a) of Public Law 117–2 are hereby permanently
rescinded.
SEC. 67. The unobligated balances of amounts made available
under the heading ‘‘Department of Education—Departmental
Management—Program Administration’’ in title III of division M
of Public Law 116–260 are hereby permanently rescinded.
SEC. 68. The unobligated balances of amounts made available
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by section 2007 of Public Law 117–2 are hereby permanently
rescinded.
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137 STAT. 30 PUBLIC LAW 118–5—JUNE 3, 2023
SEC. 69. The unobligated balances of amounts made available
by section 2010 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 70. The unobligated balances of amounts made available
by section 2011 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 71. The unobligated balances of amounts made available
by section 11006 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 72. Of the unobligated balances of amounts made available
by section 6002(a) of Public Law 117–2, all but $22,000,000 are
hereby permanently rescinded.
SEC. 73. The unobligated balances of amounts made available
by section 2101(a) of Public Law 117–2 are hereby permanently
rescinded, with the exception of $1,892,718 for the Office of the
Solicitor within the Departmental Management account and
amounts allocated for the Office of Inspector General under para-
graph (2) of subsection (b) of such section.
SEC. 74. The unobligated balances of amounts made available
by section 2110(g) of Public Law 116–136, as amended, are hereby
permanently rescinded.
SEC. 75. The unobligated balances of amounts made available
under the heading ‘‘General Services Administration—General
Activities—Federal Citizen Services Fund’’ in title V of division
B of Public Law 116–136 are hereby permanently rescinded.
SEC. 76. The unobligated balances of amounts made available
by section 2021 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 77. The unobligated balances of amounts made available
by section 2022 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 78. The unobligated balances of amounts made available
by section 2023 of Public Law 117–2 are hereby permanently
rescinded.
SEC. 79. The unobligated balances of amounts made available
by section 2(c)(2)(D)(v) of the Railroad Unemployment Insurance
Act (45 U.S.C. 352(c)(2)(D)(v)), as amended, are hereby permanently
rescinded.
SEC. 80. The unobligated balances of amounts made available
by section 2904 of Public Law 117–2 are hereby permanently
rescinded, with the exception of $500,000 for the Railroad Retire-
ment Board Office of Inspector General.
SEC. 81. The unobligated balances of amounts made available
by section 7404(a) of Public Law 117–2 are hereby permanently
rescinded.
TITLE II—FAMILY AND SMALL
BUSINESS TAXPAYER PROTECTION
SEC. 251. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO
THE INTERNAL REVENUE SERVICE.
Of the unobligated balances of amounts appropriated or other-
wise made available for activities of the Internal Revenue Service
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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
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 31
‘‘Inflation Reduction Act of 2022’’) as of the date of the enactment
of this Act, $1,389,525,000 are hereby rescinded.
TITLE III—STATUTORY Administrative
Pay-As-You-Go
ADMINISTRATIVE PAY-AS-YOU-GO Act of 2023.
SEC. 261. SHORT TITLE. 5 USC 551 note.
This title may be cited as the ‘‘Administrative Pay-As-You-
Go Act of 2023’’.
SEC. 262. DEFINITIONS.
In this title—
(1) the term ‘‘administrative action’’ means a ‘‘rule’’ as
defined in section 804(3) of title 5, United States Code;
(2) the term ‘‘agency’’ means any authority of the United
States that is an ‘‘agency’’ under section 3502(1) of title 44,
United States Code, other than those considered to be inde-
pendent regulatory agencies, as defined in section 3502(5) of
such title;
(3) the term ‘‘covered discretionary administrative action’’
means a discretionary administrative action that would affect
direct spending;
(4) the term ‘‘direct spending’’ has the meaning given that
term in section 250(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900(c));
(5) the term ‘‘Director’’ means the Director of the Office
of Management and Budget;
(6) the term ‘‘discretionary administrative action’’—
(A) means any administrative action that is not
required by law; and
(B) includes an administrative action required by law
for which an agency has discretion in the manner in which
to implement the administrative action; and
(7) the term ‘‘increase direct spending’’ means that the
amount of direct spending would increase relative to—
(A) the most recently submitted projection of the
amount of direct spending presented in baseline estimates
as defined in section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended,
under—
(i) the budget of the President submitted under
section 1105 of title 31, United States Code; or
(ii) the supplemental summary of the budget sub-
mitted under section 1106 of title 31, United States
Code;
(B) with respect to a discretionary administrative
action that is incorporated into the applicable projection
described in subparagraph (A) and for which a proposal
has not been submitted under section 263(a)(2)(A), a projec-
tion of the amount of direct spending if no administrative
action were taken; or
(C) with respect to a discretionary administrative
action described in paragraph (6)(B), a projection of the
amount of direct spending under the least costly
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implementation option reasonably identifiable by the
agency that meets the requirements under the statute.
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137 STAT. 32 PUBLIC LAW 118–5—JUNE 3, 2023
Determinations. SEC. 263. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT
AFFECT DIRECT SPENDING.
(a) DISCRETIONARY ADMINISTRATIVE ACTIONS.—
Review. (1) IN GENERAL.—Before an agency may finalize any cov-
Notice. ered discretionary administrative action, the head of the agency
Budget estimate. 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.—
Proposal. (A) IN GENERAL.—If the covered discretionary adminis-
trative action would increase direct spending, the written
notice submitted by the head of the agency under para-
graph (1) shall include a proposal to undertake 1 or more
other administrative actions that would provide a reduction
in direct spending greater than or equal to the increase
in direct spending attributable to the covered discretionary
administrative action.
(B) REVIEW.—
(i) IN GENERAL.—The Director shall determine
whether the reduction in direct spending in a proposal
in a written notice from an agency under subparagraph
(A) is greater than or equal to the increase in direct
spending attributable to the covered discretionary
administrative action to which the written notice
relates.
(ii) NO OFFSET.—If the written notice regarding
a proposed covered discretionary administrative action
that would increase direct spending does not include
a proposal to offset the increased direct spending as
determined in clause (i), the Director shall return the
written notice to the agency for resubmission in accord-
ance with this title.
(b) NONDISCRETIONARY ACTIONS.—If an agency determines that
an administrative action that would increase direct spending is
required by law and therefore is not a covered discretionary
administrative action, before the agency finalizes that administra-
tive action, the head of the agency shall—
(1) submit to the Director a written opinion by the general
counsel of the agency, or the equivalent employee of the agency,
explaining that legal conclusion;
Projection. (2) submit to the Director a projection of the amount of
direct spending under the least costly implementation option
reasonably identifiable by the agency that meets the require-
ments under the statute; and
Consultation. (3) consult with the Director regarding implementation of
the administrative action.
(c) PROJECTIONS.—Any projection for purposes of this title shall
be conducted in accordance with Office of Management and Budget
Circular A–11, or any successor thereto.
Deadline. SEC. 264. ISSUANCE OF ADMINISTRATIVE GUIDANCE.
Not later than 90 days after the date of enactment of this
Act, the Director shall issue instructions regarding the implementa-
tion of this title, including how covered discretionary administrative
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actions that increase direct spending and nontax receipts will be
evaluated.
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 33
SEC. 265. WAIVER.
(a) IN GENERAL.—The Director may waive the requirements
of section 263 if the Director concludes that the waiver—
(1) is necessary for the delivery of essential services; or
(2) is necessary for effective program delivery.
(b) PUBLICATION.—Any waiver determination under subsection Federal Register,
(a) shall be published in the Federal Register. publication.
SEC. 266. EXEMPTION.
This title shall not apply to administrative actions with direct Time period.
spending cost of less than—
(1) $1,000,000,000 over the 10-year period beginning with
the current year; or
(2) $100,000,000 in any given year during such 10-year
period.
SEC. 267. JUDICIAL REVIEW.
No determination, finding, action, or omission under this title
shall be subject to judicial review.
SEC. 268. SUNSET.
This title shall expire on December 31, 2024.
SEC. 269. GAO REPORT.
Within 180 days of the date of enactment of this Act, the
Comptroller General shall issue a report on the implementation
of this title.
SEC. 270. CONGRESSIONAL REVIEW ACT COMPLIANCE ASSESSMENT.
Section 801(a)(2)(A) of title 5, United States Code, is amended
by inserting after ‘‘compliance with procedural steps required by
paragraph (1)(B)’’ the following: ‘‘, and shall in addition include
an assessment of the agency’s compliance with such requirements
of the Administrative Pay-As-You-Go Act of 2023 as may be
applicable’’.
TITLE IV—TERMINATION OF SUSPEN-
SION OF PAYMENTS ON FEDERAL
STUDENT LOANS; RESUMPTION OF
ACCRUAL OF INTEREST AND COLLEC-
TIONS
SEC. 271. TERMINATION OF SUSPENSION OF PAYMENTS ON FEDERAL 20 USC 1001
STUDENT LOANS; RESUMPTION OF ACCRUAL OF INTEREST note.
AND COLLECTIONS.
(a) IN GENERAL.—Sixty days after June 30, 2023, the waivers Time period.
and modifications described in subsection (c) shall cease to be
effective.
(b) PROHIBITION.—Except as expressly authorized by an Act
of Congress enacted after the date of enactment of this Act, the
Secretary of Education may not use any authority to implement
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an extension of any executive action or rule specified in subsection
(c).
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137 STAT. 34 PUBLIC LAW 118–5—JUNE 3, 2023
(c) WAIVERS AND MODIFICATIONS DESCRIBED.—The waivers and
modifications described in this subsection are the waivers and modi-
fications of statutory and regulatory provisions relating to an exten-
sion of the suspension of payments on certain loans and waivers
of interest on such loans under section 3513 of the CARES Act
(20 U.S.C. 1001 note)—
(1) described by the Department of Education in the Fed-
eral Register on October 12, 2022 (87 Fed. Reg. 61513 et seq.);
and
(2) most recently extended in the announcement by the
Department of Education on November 22, 2022.
DIVISION C—GROW THE ECONOMY
TITLE I—TEMPORARY ASSISTANCE TO
NEEDY FAMILIES
SEC. 301. RECALIBRATION OF THE CASELOAD REDUCTION CREDIT.
Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3))
is amended in each of subparagraphs (A)(ii) and (B), by striking
‘‘2005’’ and inserting ‘‘2015’’.
SEC. 302. PILOT PROJECTS FOR PROMOTING ACCOUNTABILITY BY
MEASURING WORK OUTCOMES.
Section 411 of the Social Security Act (42 U.S.C. 611) is
amended by adding at the end the following:
‘‘(e) PILOT PROJECTS FOR PROMOTING ACCOUNTABILITY BY MEAS-
URING WORK OUTCOMES.—
Grants. ‘‘(1) IN GENERAL.—The Secretary shall carry out a pilot
program under which the Secretary may select up to 5 States
to which a grant is made under section 403(a) for a fiscal
year to negotiate performance benchmarks for work and family
outcomes for recipients of assistance under the State program
funded under this part, and programs funded with qualified
Guidance. State expenditures. The Secretary shall issue guidance on how
States apply for participation in the pilot. The benchmarks
shall include—
‘‘(A) the percentage of work-eligible individuals under
the State program funded under this part who are in
unsubsidized employment during the 2nd quarter after
exiting the program;
‘‘(B) the level of earnings of such individuals in the
2nd and 4th quarters after exit; and
‘‘(C) other indicators of family stability and well-being
as established by the Secretary.
‘‘(2) LEVEL OF PERFORMANCE BENCHMARK.—The Secretary
and a State selected under paragraph (1) shall agree to the
requisite level of performance on these benchmarks after devel-
oping baseline data in the State and comparative data in other
States.
Time period. ‘‘(3) FAILURE OF STATE TO MEET BENCHMARK.—If a State
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Plan. fails to meet a measured benchmark standard agreed to under
paragraph (2) for 2 successive fiscal years, the State, in order
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 35
to continue in the pilot shall enter into a plan with the Sec-
retary to achieve the required level of performance or, if mutu-
ally agreed to, adjust the benchmark based on new information
about the feasibility of meeting such benchmark.
‘‘(4) DURATION.—The pilot under this subsection shall be
in effect for 6 fiscal years, with one year to establish benchmark
data and negotiate targets and five years to measure perform-
ance against the targets, and shall supersede the requirements
under section 407 for such fiscal years, notwithstanding any
other provision of law.
‘‘(5) APPLICATION OF PENALTY FOR FAILURE TO REDUCE
ASSISTANCE FOR RECIPIENTS REFUSING WITHOUT GOOD CAUSE
TO WORK.—For purposes of section 409(a)(14), a State operating
a pilot must have a system for reducing the amount of assist-
ance payable to a family if an individual refuses, without good
cause (including for reasons described in 407(e)(2)), to engage
in any such activities as the State has required of such an
individual. A State without such a system shall be considered
to have failed to comply with the requirements of section 407(e)
for so long as the failure to comply continues.
‘‘(6) COLLECTION OF PERFORMANCE DATA.—Each State
selected under paragraph (1), in consultation with the Sec-
retary, shall collect and submit to the Secretary data on the
performance of the State operating such a pilot program.
‘‘(7) REPORTS.—
‘‘(A) INITIAL REPORT.—Not later than 12 months after
the date of the enactment of this subsection the Secretary
shall submit a report to Congress on the status of the
program under this section.
‘‘(B) FINAL REPORT.—Not later than 12 months after
the date on which the programs under this section have
terminated, the Secretary shall submit a comprehensive
report to Congress on outcomes achieved under such pro-
grams.’’.
SEC. 303. ELIMINATION OF SMALL CHECKS SCHEME.
Section 407(b) of the Social Security Act (42 U.S.C. 607(b))
is amended by adding at the end the following:
‘‘(6) SPECIAL RULE REGARDING CALCULATION OF THE MIN-
IMUM PARTICIPATION RATE.—The Secretary shall determine Determination.
participation rates under this section without regard to any
individual engaged in work in a family that receives no assist-
ance under this part and less than $35 in assistance funded
with qualified State expenditures (as defined in section
409(a)(7)(B)(i)).’’.
SEC. 304. REPORTING OF WORK OUTCOMES.
Section 411 of the Social Security Act (42 U.S.C. 611), as
amended by section 302, is amended by adding at the end the
following:
‘‘(f) REPORTING PERFORMANCE INDICATORS.— Time periods.
‘‘(1) IN GENERAL.—Each State, in consultation with the
Secretary, shall collect and submit to the Secretary the informa-
tion necessary for each indicator described in paragraph (2),
for fiscal year 2025 and each fiscal year thereafter.
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‘‘(2) INDICATORS OF PERFORMANCE.—The indicators
described in this paragraph for a fiscal year are the following:
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137 STAT. 36 PUBLIC LAW 118–5—JUNE 3, 2023
‘‘(A) The percentage of individuals who were work-
eligible individuals as of the time of exit from the program,
who are in unsubsidized employment during the second
quarter after the exit.
‘‘(B) The percentage of individuals who were work-
eligible individuals who were in unsubsidized employment
in the second quarter after the exit, who are also in unsub-
sidized employment during the fourth quarter after the
exit.
‘‘(C) The median earnings of individuals who were
work-eligible individuals as of the time of exit from the
program, who are in unsubsidized employment during the
second quarter after the exit.
‘‘(D) The percentage of individuals who have not
attained 24 years of age, are attending high school or
enrolled in an equivalency program, and are work-eligible
individuals or were work-eligible individuals as of the time
of exit from the program, who obtain a high school degree
or its recognized equivalent while receiving assistance
under the State program funded under this part or within
1 year after the exit.
‘‘(3) DEFINITION OF EXIT.—In paragraph (2), the term ‘exit’
means, with respect to a State program funded under this
part, ceases to receive assistance under the program funded
by this part.
‘‘(4) REGULATIONS.—In order to ensure nationwide com-
parability of data, the Secretary, after consultation with the
Secretary of Labor and with States, shall issue regulations
governing the reporting of performance indicators under this
subsection.’’.
42 USC 607 note. SEC. 305. EFFECTIVE DATE.
The amendments made by this title shall take effect on October
1, 2024, except for sections 301 and 303 which shall take effect
on October 1, 2025.
TITLE II—SNAP EXEMPTIONS
SEC. 311. MODIFICATION OF WORK REQUIREMENT EXEMPTIONS.
(a) IN GENERAL.—Section 6(o)(3) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2015(6)(o)(3)) is amended to read as follows:
(1) by striking subparagraph (A) and inserting the fol-
lowing:
‘‘(A)(i) under 18 years of age; or
‘‘(ii) in—
‘‘(I) fiscal year 2023 over 51 years of age;
‘‘(II) fiscal year 2024 over 53 years of age;
‘‘(III) fiscal year 2025 and each fiscal year there-
after over 55 years of age;’’;
(2) in subparagraph (D), by striking ‘‘or’’ at the end;
(3) in subparagraph (E), by striking the period at the
end and inserting ‘‘;’’; and
(4) adding at the end the following:
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‘‘(F) a homeless individual;
‘‘(G) a veteran; or
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 37
‘‘(H) an individual who is 24 years of age or younger
and who was in foster care under the responsibility of
a State on the date of attaining 18 years of age or such
higher age as the State has elected under section
475(8)(B)(iii) of the Social Security Act (42 U.S.C.
675(8)(B)(iii)).’’.
(b) APPLICATION.— 7 USC 2015 note.
(1) STATE AGENCY.—A state agency shall apply section Effective date.
6(o)(3) of the Food and Nutrition Act of 2008, as amended
by subsection (a), to any application for initial certification
or recertification received starting 90 days after the date of
enactment of this Act.
(2) SUNSET.—The amendments made by subsection (a) shall
cease to have effect on October 1, 2030.
SEC. 312. MODIFICATION OF GENERAL EXEMPTIONS.
Section 6(o)(6) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o)(6)) is amended—
(1) in subparagraph (E)—
(A) in the heading, by striking ‘‘SUBSEQUENT FISCAL
YEARS’’ and inserting ‘‘FISCAL YEARS 2020 THROUGH 2023’’;
(B) by striking ‘‘(F) through (H)’’ and inserting ‘‘(G)
through (I)’’; and
(C) by striking ‘‘year,’’ and inserting ‘‘year through
fiscal year 2023,’’;
(2) in subparagraph (F), by striking ‘‘or (E)’’ and inserting
‘‘, (E) or (F)’’;
(3) by redesignating subparagraphs (F), (G), and (H) as
subparagraphs (G), (H), and (I), respectively;
(4) by inserting after subparagraph (E) the following:
‘‘(F) SUBSEQUENT FISCAL YEARS.—Subject to subpara- Time periods.
graphs (G) through (I), for fiscal years 2024 and each Estimate.
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 subpara-
graph (C), adjusted by the Secretary to reflect changes
in the State’s caseload and the Secretary’s estimate of
changes in the proportion of members of households that
receive supplemental nutrition assistance program benefits
covered by waivers granted under paragraph (4)’’;
(5) in subparagraph (B), by striking ‘‘(H)’’ and inserting
‘‘(I)’’;
(6) in subparagraph (C), by striking ‘‘(F) and (H)’’ and
inserting ‘‘(G) and (I)’’;
(7) in subparagraph (D), by striking ‘‘(F) through (H)’’ and
inserting ‘‘(G) through (I)’’; and
(8) by adding at end the following:
‘‘(J) RULE OF CONSTRUCTION FOR EXEMPTION ADJUST-
MENT.—During fiscal year 2024 and each subsequent fiscal Time periods.
year, nothing in this paragraph shall be interpreted to
allow a State agency to accumulate unused exemptions
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to be provided beyond the subsequent fiscal year.’’.
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137 STAT. 38 PUBLIC LAW 118–5—JUNE 3, 2023
SEC. 313. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM UNDER
THE FOOD AND NUTRITION ACT OF 2008.
Section 2 of the Food and Nutrition Act of 2008 (7 U.S.C.
2011) is amended by adding at end the following:
‘‘That program includes as a purpose to assist low-income adults
in obtaining employment and increasing their earnings. Such
employment and earnings, along with program benefits, will permit
low-income households to obtain a more nutritious diet through
normal channels of trade by increasing food purchasing power for
all eligible households who apply for participation.’’.
Deadline. SEC. 314. WAIVER TRANSPARENCY.
Public
information. Not later than 30 days after the date of enactment of this
Data. Act, the Secretary of Agriculture shall make public all available
7 USC 2015 note. State waiver requests, including all supporting data from the State,
and agency approvals of such requests, including relevant docu-
mentation on the utilization of waivers authorized under Section
6(o)(4)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o)(4)(A)).
TITLE III—PERMITTING REFORM
SEC. 321. BUILDER ACT.
(a) PARAGRAPH (2) OF SECTION 102.—Section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2))
is amended—
(1) in subparagraph (A), by striking ‘‘insure’’ and inserting
‘‘ensure’’;
(2) in subparagraph (B), by striking ‘‘insure’’ and inserting
‘‘ensure’’;
(3) in subparagraph (C)—
(A) by inserting ‘‘consistent with the provisions of this
Act and except where compliance would be inconsistent
with other statutory requirements,’’ before ‘‘include in
every’’;
(B) by striking clauses (i) through (v) and inserting
the following:
‘‘(i) reasonably foreseeable environmental effects
of the proposed agency action;
‘‘(ii) any reasonably foreseeable adverse environ-
mental effects which cannot be avoided should the
proposal be implemented;
Analysis. ‘‘(iii) a reasonable range of alternatives to the pro-
posed agency action, including an analysis of any nega-
tive environmental impacts of not implementing the
proposed agency action in the case of a no action alter-
native, that are technically and economically feasible,
and meet the purpose and need of the proposal;
‘‘(iv) the relationship between local short-term uses
of man’s environment and the maintenance and
enhancement of long-term productivity; and
‘‘(v) any irreversible and irretrievable commit-
ments of Federal resources which would be involved
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in the proposed agency action should it be imple-
mented.’’; and
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 39
(C) by striking ‘‘the responsible Federal official’’ and
inserting ‘‘the head of the lead agency’’;
(4) in subparagraph (D), by striking ‘‘Any’’ and inserting
‘‘any’’;
(5) by redesignating subparagraphs (D) through (I) as sub-
paragraphs (G) through (L), respectively;
(6) by inserting after subparagraph (C) the following:
‘‘(D) ensure the professional integrity, including sci-
entific integrity, of the discussion and analysis in an
environmental document;
‘‘(E) make use of reliable data and resources in carrying
out this Act;
‘‘(F) consistent with the provisions of this Act, study,
develop, and describe technically and economically feasible
alternatives;’’; and
(7) in subparagraph (I), as amended, by inserting ‘‘con-
sistent with the provisions of this Act,’’ before ‘‘recognize’’.
(b) NEW SECTIONS.—Title I of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is amended by adding
at the end the following:
‘‘SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW. 42 USC 4336.
‘‘(a) THRESHOLD DETERMINATIONS.—An agency is not required
to prepare an environmental document with respect to a proposed
agency action if—
‘‘(1) the proposed agency action is not a final agency action
within the meaning of such term in chapter 5 of title 5, United
States Code;
‘‘(2) the proposed agency action is excluded pursuant to
one of the agency’s categorical exclusions, another agency’s
categorical exclusions consistent with section 109 of this Act,
or another provision of law;
‘‘(3) the preparation of such document would clearly and
fundamentally conflict with the requirements of another provi-
sion of law; or
‘‘(4) the proposed agency action is a nondiscretionary action
with respect to which such agency does not have authority
to take environmental factors into consideration in determining
whether to take the proposed action.
‘‘(b) LEVELS OF REVIEW.—
‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.—An agency shall
issue an environmental impact statement with respect to a
proposed agency action requiring an environmental document
that has a reasonably foreseeable significant effect on the
quality of the human environment.
‘‘(2) ENVIRONMENTAL ASSESSMENT.—An agency shall pre-
pare an environmental assessment with respect to a proposed
agency action that does not have a reasonably foreseeable
significant effect on the quality of the human environment,
or if the significance of such effect is unknown, unless the
agency finds that the proposed agency action is excluded pursu-
ant to one of the agency’s categorical exclusions, another
agency’s categorical exclusions consistent with section 109 of
this Act, or another provision of law. Such environmental
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assessment shall be a concise public document prepared by
a Federal agency to set forth the basis of such agency’s finding
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137 STAT. 40 PUBLIC LAW 118–5—JUNE 3, 2023
of no significant impact or determination that an environmental
impact statement is necessary.
‘‘(3) SOURCES OF INFORMATION.—In making a determination
under this subsection, an agency—
‘‘(A) may make use of any reliable data source; and
‘‘(B) is not required to undertake new scientific or
technical research unless the new scientific or technical
research is essential to a reasoned choice among alter-
natives, and the overall costs and time frame of obtaining
it are not unreasonable.
42 USC 4336a. ‘‘SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.
‘‘(a) LEAD AGENCY.—
‘‘(1) DESIGNATION.—
Determination. ‘‘(A) IN GENERAL.—If there are two or more partici-
pating Federal agencies, such agencies shall determine,
by letter or memorandum, which agency shall be the lead
agency based on consideration of the—
‘‘(i) magnitude of agency’s involvement;
‘‘(ii) project approval or disapproval authority;
‘‘(iii) expertise concerning the action’s environ-
mental effects;
‘‘(iv) duration of agency’s involvement; and
‘‘(v) sequence of agency’s involvement.
‘‘(B) JOINT LEAD AGENCIES.—In making a determina-
tion under subparagraph (A), the participating Federal
agencies may appoint such State, Tribal, or local agencies
as joint lead agencies as the involved Federal agencies
shall determine appropriate. Joint lead agencies shall
jointly fulfill the role described in paragraph (2).
‘‘(2) ROLE.—A lead agency shall, with respect to a proposed
agency action—
‘‘(A) supervise the preparation of an environmental
document if, with respect to such proposed agency action,
there is more than one participating Federal agency;
‘‘(B) request the participation of each cooperating
agency at the earliest practicable time;
‘‘(C) in preparing an environmental document, give
consideration to any analysis or proposal created by a
cooperating agency;
Schedule. ‘‘(D) develop a schedule, in consultation with each
cooperating agency, the applicant, and such other entities
as the lead agency determines appropriate, for completion
of any environmental review, permit, or authorization
required to carry out the proposed agency action;
Determination. ‘‘(E) if the lead agency determines that a review,
Notification. permit, or authorization will not be completed in accordance
Compliance. with the schedule developed under subparagraph (D), notify
the agency responsible for issuing such review, permit,
or authorization of the discrepancy and request that such
agency take such measures as such agency determines
appropriate to comply with such schedule; and
‘‘(F) meet with a cooperating agency that requests such
a meeting.
‘‘(3) COOPERATING AGENCY.—The lead agency may, with
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respect to a proposed agency action, designate any Federal,
State, Tribal, or local agency that has jurisdiction by law or
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 41
special expertise with respect to any environmental impact
involved in a proposal to serve as a cooperating agency. A Comments.
cooperating agency may, not later than a date specified in
the schedule established by the lead agency, submit comments
to the lead agency.
‘‘(4) REQUEST FOR DESIGNATION.—Any Federal, State,
Tribal, or local agency or person that is substantially affected
by the lack of a designation of a lead agency with respect
to a proposed agency action under paragraph (1) may submit
a written request for such a designation to a participating
Federal agency. An agency that receives a request under this Transmittal.
paragraph shall transmit such request to each participating
Federal agency and to the Council.
‘‘(5) COUNCIL DESIGNATION.—
‘‘(A) REQUEST.—If the participating Federal agencies
are unable to agree on the designation of a lead agency
within 45 days of the request under paragraph (4), then
the Federal, State, Tribal or local agency or person that
is substantially affected by the lack or a designation of
a lead agency may request that the Council designate
a lead agency. Such request shall consist of—
‘‘(i) a precise description of the nature and extent
of the proposed agency action; and
‘‘(ii) a detailed statement with respect to each
participating Federal agency and each factor listed in
paragraph (1) regarding which agency should serve
as lead agency.
‘‘(B) TRANSMISSION.—The Council shall transmit a
request received under subparagraph (A) to each partici-
pating Federal agency.
‘‘(C) RESPONSE.—A participating Federal agency may,
not later than 20 days after the date of the submission
of a request under subparagraph (A), submit to the Council
a response to such request.
‘‘(D) DESIGNATION.—Not later than 40 days after the
date of the submission of a request under subparagraph
(A), the Council shall designate the lead agency with
respect to the relevant proposed agency action.
‘‘(b) ONE DOCUMENT.—To the extent practicable, if a proposed Determination.
agency action will require action by more than one Federal agency Evaluation.
and the lead agency has determined that it requires preparation
of an environmental document, the lead and cooperating agencies
shall evaluate the proposal in a single environmental document.
‘‘(c) REQUEST FOR PUBLIC COMMENT.—Each notice of intent
to prepare an environmental impact statement under section 102
shall include a request for public comment on alternatives or
impacts and on relevant information, studies, or analyses with
respect to the proposed agency action.
‘‘(d) STATEMENT OF PURPOSE AND NEED.—Each environmental Summary.
document shall include a statement of purpose and need that briefly
summarizes the underlying purpose and need for the proposed
agency action.
‘‘(e) PAGE LIMITS.—
‘‘(1) ENVIRONMENTAL IMPACT STATEMENTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
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(B), an environmental impact statement shall not exceed
150 pages, not including any citations or appendices.
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137 STAT. 42 PUBLIC LAW 118–5—JUNE 3, 2023
‘‘(B) EXTRAORDINARY COMPLEXITY.—An environmental
impact statement for a proposed agency action of extraor-
dinary complexity shall not exceed 300 pages, not including
any citations or appendices.
‘‘(2) ENVIRONMENTAL ASSESSMENTS.—An environmental
assessment shall not exceed 75 pages, not including any cita-
tions or appendices.
Procedures. ‘‘(f) SPONSOR PREPARATION.—A lead agency shall prescribe
procedures to allow a project sponsor to prepare an environmental
assessment or an environmental impact statement under the super-
vision of the agency. Such agency may provide such sponsor with
Evaluation. appropriate guidance and assist in the preparation. The lead agency
shall independently evaluate the environmental document and shall
take responsibility for the contents.
Determinations. ‘‘(g) DEADLINES.—
Notifications. ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
with respect to a proposed agency action, a lead agency shall
complete, as applicable—
‘‘(A) the environmental impact statement not later than
the date that is 2 years after the sooner of, as applicable—
‘‘(i) the date on which such agency determines
that section 102(2)(C) requires the issuance of an
environmental impact statement with respect to such
action;
‘‘(ii) the date on which such agency notifies the
applicant that the application to establish a right-of-
way for such action is complete; and
‘‘(iii) the date on which such agency issues a notice
of intent to prepare the environmental impact state-
ment for such action; and
‘‘(B) the environmental assessment not later than the
date that is 1 year after the sooner of, as applicable—
‘‘(i) the date on which such agency determines
that section 106(b)(2) requires the preparation of an
environmental assessment with respect to such action;
‘‘(ii) the date on which such agency notifies the
applicant that the application to establish a right-of-
way for such action is complete; and
‘‘(iii) the date on which such agency issues a notice
of intent to prepare the environmental assessment for
such action.
Extension ‘‘(2) DELAY.—A lead agency that determines it is not able
authority. 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 state-
ment or environmental assessment.
‘‘(3) PETITION TO COURT.—
Review. ‘‘(A) RIGHT TO PETITION.—A project sponsor may obtain
a review of an alleged failure by an agency to act in
accordance with an applicable deadline under this section
by filing a written petition with a court of competent juris-
diction seeking an order under subparagraph (B).
Schedule. ‘‘(B) COURT ORDER.—If a court of competent jurisdiction
Deadline. finds that an agency has failed to act in accordance with
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Compliance. an applicable deadline, the court shall set a schedule and
deadline for the agency to act as soon as practicable, which
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 43
shall not exceed 90 days from the date on which the order
of the court is issued, unless the court determines a longer
time period is necessary to comply with applicable law.
‘‘(h) REPORT.—
‘‘(1) IN GENERAL.—The head of each lead agency shall
annually submit to the Committee on Natural Resources of
the House of Representatives and the Committee on Environ-
ment and Public Works of the Senate a report that—
‘‘(A) identifies any environmental assessment and
environmental impact statement that such lead agency did
not complete by the deadline described in subsection (g);
and
‘‘(B) provides an explanation for any failure to meet
such deadline.
‘‘(2) INCLUSIONS.—Each report submitted under paragraph
(1) shall identify, as applicable—
‘‘(A) the office, bureau, division, unit, or other entity
within the Federal agency responsible for each such
environmental assessment and environmental impact state-
ment;
‘‘(B) the date on which—
‘‘(i) such lead agency notified the applicant that
the application to establish a right-of-way for the major
Federal action is complete;
‘‘(ii) such lead agency began the scoping for the
major Federal action; or
‘‘(iii) such lead agency issued a notice of intent
to prepare the environmental assessment or environ-
mental impact statement for the major Federal action;
and
‘‘(C) when such environmental assessment and environ-
mental impact statement is expected to be complete.
‘‘SEC. 108. PROGRAMMATIC ENVIRONMENTAL DOCUMENT. Time periods.
42 USC 4336b.
‘‘When an agency prepares a programmatic environmental docu-
ment for which judicial review was available, the agency may
rely on the analysis included in the programmatic environmental
document in a subsequent environmental document for related
actions as follows:
‘‘(1) Within 5 years and without additional review of the
analysis in the programmatic environmental document, unless
there are substantial new circumstances or information about
the significance of adverse effects that bear on the analysis.
‘‘(2) After 5 years, so long as the agency reevaluates the Evaluation.
analysis in the programmatic environmental document and any
underlying assumption to ensure reliance on the analysis
remains valid.
‘‘SEC. 109. ADOPTION OF CATEGORICAL EXCLUSIONS. 42 USC 4336c.
‘‘An agency may adopt a categorical exclusion listed in another
agency’s NEPA procedures for a category of proposed agency actions
for which the categorical exclusion was established consistent with
this paragraph. The agency shall—
‘‘(1) identify the categorical exclusion listed in another
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agency’s NEPA procedures that covers a category of proposed
actions or related actions;
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137 STAT. 44 PUBLIC LAW 118–5—JUNE 3, 2023
Consultation. ‘‘(2) consult with the agency that established the categorical
exclusion to ensure that the proposed adoption of the categorical
exclusion to a category of actions is appropriate;
Public ‘‘(3) identify to the public the categorical exclusion that
information. the agency plans to use for its proposed actions; and
‘‘(4) document adoption of the categorical exclusion.
42 USC 4336d. ‘‘SEC. 110. E-NEPA.
Reports. ‘‘(a) PERMITTING PORTAL STUDY.—The Council on Environ-
mental Quality shall conduct a study and submit a report to Con-
gress within 1 year of the enactment of this Act on the potential
for online and digital technologies to address delays in reviews
and improve public accessibility and transparency under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) including, but not limited to, a unified permitting
portal that would—
‘‘(1) allow applicants to—
‘‘(A) submit required documents or materials for their
project in one unified portal;
‘‘(B) upload and collaborate with the applicable agen-
cies to edit documents in real-time, as required;
‘‘(C) upload and display visual features such as video,
animation, geographic information system displays, and
three-dimensional renderings; and
‘‘(D) track the progress of individual applications;
‘‘(2) include a cloud based, digital tool for more complex
reviews that would enhance interagency coordination in con-
sultation by—
‘‘(A) centralizing, across all necessary agencies, the
data, visuals, and documents, including but not limited
to geographic information system displays, other visual
renderings, and completed reports and analyses necessary
for reviews;
‘‘(B) streamlining communications between all nec-
essary agencies and the applicant;
‘‘(C) allowing for comments and responses by and to
all necessary agencies in one unified portal;
‘‘(D) generating analytical reports to aid in organizing
and cataloguing public comments; and
‘‘(E) be accessible on mobile devices;
‘‘(3) boost transparency in agency processes and present
information suitable for a lay audience, including but not lim-
ited to—
‘‘(A) scientific data and analysis; and
‘‘(B) anticipated agency process and timeline; and
‘‘(4) include examples describing how at least five permits
would be reviewed and processed through this portal.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated $500,000 for the Council on Environmental
Quality to carry out the study directed by this section.
42 USC 4336e. ‘‘SEC. 111. DEFINITIONS.
‘‘In this title:
‘‘(1) CATEGORICAL EXCLUSION.—The term ‘categorical exclu-
sion’ means a category of actions that a Federal agency has
determined normally does not significantly affect the quality
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of the human environment within the meaning of section
102(2)(C).
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 45
‘‘(2) COOPERATING AGENCY.—The term ‘cooperating agency’
means any Federal, State, Tribal, or local agency that has
been designated as a cooperating agency under section
107(a)(3).
‘‘(3) COUNCIL.—The term ‘Council’ means the Council on
Environmental Quality established in title II.
‘‘(4) ENVIRONMENTAL ASSESSMENT.—The term ‘environ-
mental assessment’ means an environmental assessment pre-
pared under section 106(b)(2).
‘‘(5) ENVIRONMENTAL DOCUMENT.—The term ‘environmental
document’ means an environmental impact statement, an
environmental assessment, or a finding of no significant impact.
‘‘(6) ENVIRONMENTAL IMPACT STATEMENT.—The term
‘environmental impact statement’ means a detailed written
statement that is required by section 102(2)(C).
‘‘(7) FINDING OF NO SIGNIFICANT IMPACT.—The term ‘finding
of no significant impact’ means a determination by a Federal
agency that a proposed agency action does not require the
issuance of an environmental impact statement.
‘‘(8) PARTICIPATING FEDERAL AGENCY.—The term ‘partici-
pating Federal agency’ means a Federal agency participating
in an environmental review or authorization of an action.
‘‘(9) LEAD AGENCY.—The term ‘lead agency’ means, with
respect to a proposed agency action—
‘‘(A) the agency that proposed such action; or
‘‘(B) if there are 2 or more involved Federal agencies
with respect to such action, the agency designated under
section 107(a)(1).
‘‘(10) MAJOR FEDERAL ACTION.—
‘‘(A) IN GENERAL.—The term ‘major Federal action’
means an action that the agency carrying out such action
determines is subject to substantial Federal control and
responsibility.
‘‘(B) EXCLUSION.—The term ‘major Federal action’ does
not include—
‘‘(i) a non-Federal action—
‘‘(I) with no or minimal Federal funding; or
‘‘(II) with no or minimal Federal involvement
where a Federal agency cannot control the outcome
of the project;
‘‘(ii) funding assistance solely in the form of general
revenue sharing funds which do not provide Federal
agency compliance or enforcement responsibility over
the subsequent use of such funds;
‘‘(iii) loans, loan guarantees, or other forms of
financial assistance where a Federal agency does not
exercise sufficient control and responsibility over the
subsequent use of such financial assistance or the effect
of the action;
‘‘(iv) business loan guarantees provided by the
Small Business Administration pursuant to section 7(a)
or (b) and of the Small Business Act ( U.S.C. 636(a)),
or title V of the Small Business Investment Act of
1958 (15 U.S.C. 695 et seq.);
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‘‘(v) bringing judicial or administrative civil or
criminal enforcement actions;
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137 STAT. 46 PUBLIC LAW 118–5—JUNE 3, 2023
‘‘(vi) extraterritorial activities or decisions, which
means agency activities or decisions with effects
located entirely outside of the jurisdiction of the United
States; or
‘‘(vii) activities or decisions that are non-discre-
tionary and made in accordance with the agency’s
statutory authority.
‘‘(11) PROGRAMMATIC ENVIRONMENTAL DOCUMENT.—The
term ‘programmatic environmental document’ means an
environmental impact statement or environmental assessment
analyzing all or some of the environmental effects of a policy,
program, plan, or group of related actions.
‘‘(12) PROPOSAL.—The term ‘proposal’ means a proposed
action at a stage when an agency has a goal, is actively pre-
paring to make a decision on one or more alternative means
of accomplishing that goal, and can meaningfully evaluate its
effects.
‘‘(13) SPECIAL EXPERTISE.—The term ‘special expertise’
means statutory responsibility, agency mission, or related pro-
gram experience.’’.
Recommenda- SEC. 322. INTERREGIONAL TRANSFER CAPABILITY DETERMINATION
tions. STUDY.
(a) IN GENERAL.—The Electric Reliability Organization (as that
term is defined in section 215(a)(2) of the Federal Power Act),
in consultation with each regional entity (as that term is defined
in section 215(a)(7) of such Act) and each transmitting utility (as
that term is defined in section 3(23) of such Act) that has facilities
interconnected with a transmitting utility in a neighboring trans-
mission planning region, shall conduct a study of total transfer
capability as defined in section 37.6(b)(1)(vi) of title 18, Code of
Federal Regulations, between transmission planning regions that
contains the following:
(1) Current total transfer capability, between each pair
of neighboring transmission planning regions.
(2) A recommendation of prudent additions to total transfer
capability between each pair of neighboring transmission plan-
ning regions that would demonstrably strengthen reliability
within and among such neighboring transmission planning
regions.
(3) Recommendations to meet and maintain total transfer
capability together with such recommended prudent additions
to total transfer capability between each pair of neighboring
transmission planning regions.
Deadline. (b) PUBLICATION.—Not later than 18 months after the date
Federal Register, of enactment of this Act, the North American Electric Reliability
publication. Corporation shall deliver a study to Federal Energy Regulatory
Public comments.
Commission, which shall publish the study required in subsection
(a) in the Federal Register and seek public comments.
(c) REPORT.—Not later than 12 months after the end of the
public comment period in subsection (b), the Federal Energy Regu-
latory Commission shall submit a report on its conclusions to Con-
gress and include recommendations, if any, for statutory changes.
SEC. 323. PERMITTING STREAMLINING FOR ENERGY STORAGE.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A))
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is amended by inserting ‘‘energy storage,’’ before ‘‘or any other
sector’’.
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 47
SEC. 324. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY PIPE-
LINE.
(a) DEFINITION OF MOUNTAIN VALLEY PIPELINE.—In this sec-
tion, the term ‘‘Mountain Valley Pipeline’’ means the Mountain
Valley Pipeline project, as generally described and approved in
Federal Energy Regulatory Commission Docket Nos. CP16–10,
CP19–477, and CP21–57.
(b) CONGRESSIONAL FINDINGS AND DECLARATION.—The Con-
gress hereby finds and declares that the timely completion of
construction and operation of the Mountain Valley Pipeline is
required in the national interest. The Mountain Valley Pipeline
will serve demonstrated natural gas demand in the Northeast,
Mid-Atlantic, and Southeast regions, will increase the reliability
of natural gas supplies and the availability of natural gas at reason-
able prices, will allow natural gas producers to access additional
markets for their product, and will reduce carbon emissions and
facilitate the energy transition.
(c) APPROVAL AND RATIFICATION AND MAINTENANCE OF EXISTING
AUTHORIZATIONS.—Notwithstanding any other provision of law—
(1) Congress hereby ratifies and approves all authoriza-
tions, permits, verifications, extensions, biological opinions, inci-
dental take statements, and any other approvals or orders
issued pursuant to Federal law necessary for the construction
and initial operation at full capacity of the Mountain Valley
Pipeline; and
(2) Congress hereby directs the Secretary of the Army,
the Federal Energy Regulatory Commission, the Secretary of
Agriculture, and the Secretary of the Interior, and other agen-
cies as applicable, as the case may be, to continue to maintain
such authorizations, permits, verifications, extensions,
biological opinions, incidental take statements, and any other
approvals or orders issued pursuant to Federal law necessary
for the construction and initial operation at full capacity of
the Mountain Valley Pipeline.
(d) EXPEDITED APPROVAL.—Notwithstanding any other provi- Deadline.
sion of law, not later than 21 days after the date of enactment
of this Act and for the purpose of facilitating the completion of
the Mountain Valley Pipeline, the Secretary of the Army shall
issue all permits or verifications necessary—
(1) to complete the construction of the Mountain Valley
Pipeline across the waters of the United States; and
(2) to allow for the operation and maintenance of the Moun-
tain Valley Pipeline.
(e) JUDICIAL REVIEW.—
(1) Notwithstanding any other provision of law, no court
shall have jurisdiction to review any action taken by the Sec-
retary 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 nec-
essary 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,
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incidental take statement, or other approval described in sub-
section (c) or (d) of this section for the Mountain Valley Pipeline,
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137 STAT. 48 PUBLIC LAW 118–5—JUNE 3, 2023
whether issued prior to, on, or subsequent to the date of enact-
ment of this section, and including any lawsuit pending in
a court as of the date of enactment of this section.
(2) The United States Court of Appeals for the District
of Columbia Circuit shall have original and exclusive jurisdic-
tion over any claim alleging the invalidity of this section or
that an action is beyond the scope of authority conferred by
this section.
(f) EFFECT.—This section supersedes any other provision of
law (including any other section of this Act or other statute, any
regulation, any judicial decision, or any agency guidance) that is
inconsistent with the issuance of any authorization, permit,
verification, biological opinion, incidental take statement, or other
approval for the Mountain Valley Pipeline.
DIVISION D—INCREASE IN DEBT LIMIT
31 USC 3101 SEC. 401. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.
note.
Time period. (a) IN GENERAL.—Section 3101(b) of title 31, United States
Code, shall not apply for the period beginning on the date of
the enactment of this Act and ending on January 1, 2025.
(b) SPECIAL RULE RELATING TO OBLIGATIONS ISSUED DURING
Effective date. 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 Sec-
retary of the Treasury) outstanding on January 2, 2025, exceeds
(2) the face amount of such obligations outstanding on
the date of the enactment of this Act.
(c) RESTORING CONGRESSIONAL AUTHORITY OVER THE NATIONAL
DEBT.—
Deadline. (1) EXTENSION LIMITED TO NECESSARY OBLIGATIONS.—An
obligation shall not be taken into account under subsection
(b)(1) unless the issuance of such obligation was necessary
to fund a commitment incurred pursuant to law by the Federal
Government that required payment before January 2, 2025.
(2) PROHIBITION ON CREATION OF CASH RESERVE DURING
EXTENSION PERIOD.—The Secretary of the Treasury shall not
issue obligations during the period specified in subsection (a)
for the purpose of increasing the cash balance above normal
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PUBLIC LAW 118–5—JUNE 3, 2023 137 STAT. 49
operating balances in anticipation of the expiration of such
period.
Approved June 3, 2023.
LEGISLATIVE HISTORY—H.R. 3746:
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CONGRESSIONAL RECORD, Vol. 169 (2023):
May 31, considered and passed House.
June 1, considered and passed Senate.
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