This Act may be cited as the “Fiscal Responsibility Act of 2023”.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
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.

(a) In general.—Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended—

(1) in paragraph (7)(B), by striking “and” at the end; and

(2) by inserting after paragraph (8) the following:

“(9) for fiscal year 2024—

“(A) for the revised security category, $886,349,000,000 in new budget authority; and

“(B) for the revised nonsecurity category; $703,651,000,000 in new budget authority; and

“(10) for fiscal year 2025—

“(A) for the revised security category, $895,212,000,000 in new budget authority; and

“(B) for the revised nonsecurity category; $710,688,000,000 in new budget authority;”.

(b) Conforming amendments to adjustments.—

(1) CONTINUING DISABILITY REVIEWS AND REDERMINATIONS.—Section 251(b)(2)(B)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended—

(A) in subclause (IX), by striking “and” at the end;

(B) in subclause (X), by striking the period and inserting a semicolon; and

(C) by inserting after subclause (X) the following:

“(XI) for fiscal year 2024, $1,578,000,000 in additional new budget authority; and

“(XII) for fiscal year 2025, $1,630,000,000 in additional new budget authority.”.

(2) HEALTH CARE FRAUD AND ABUSE CONTROL.—Section 251(b)(2)(C)(i) of such Act is amended—

(A) in subclause (IX), by striking “and” at the end;

(B) in subclause (X), by striking the period and inserting a semicolon; and

(C) by inserting after subclause (X) the following:

“(XI) for fiscal year 2024, $604,000,000 in additional new budget authority; and

“(XII) for fiscal year 2025, $630,000,000 in additional new budget authority.”.

(3) DISASTER FUNDING.—Section 251(b)(2)(D)(i) of such Act is amended—

(A) in the matter preceding subclause (I), by striking “for fiscal years 2012 through 2021” and inserting “for fiscal years 2024 and 2025”; and

(B) by amending subclause (II) to read as follows:

“(II) notwithstanding clause (iv), five percent of the total appropriations provided in the previous 10 years, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress in statute as an emergency; and”.

(4) REEMPLOYMENT SERVICES AND ELIGIBILITY ASSESSMENTS.—Section 251(b)(2)(E)(i) of such Act is amended—

(A) in subclause (III), by striking “and” at the end;

(B) in subclause (IV), by striking the period and inserting a semicolon; and

(C) by inserting after subclause (IV) the following:

“(V) for fiscal year 2024, $265,000,000 in additional new budget authority; and

“(VI) for fiscal year 2025, $271,000,000 in additional new budget authority.”.

(c) Conforming amendments relating to sequestration reports.—Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904) is amended—

(1) in subsection (c)(2), by striking “2021” and inserting “2025”; and

(2) in subsection (f)(2)(A), by striking “2021” and inserting “2025”.

(d) Appropriation for Cost of War Toxic Exposures Fund.—In addition to amounts otherwise available for such purposes, there are appropriated, out of any money in the Treasury not otherwise appropriated, for investment in the delivery of veterans’ health care associated with exposure to environmental hazards, the expenses incident to the delivery of veterans’ health care and benefits associated with exposure to environmental hazards, and medical and other research relating to exposure to environmental hazards, as authorized by section 324 of title 38, United States Code—

(1) $20,268,000,000, which shall become available on October 1, 2023, and shall remain available until September 30, 2028; and

(2) $24,455,000,000, which shall become available on October 1, 2024, and shall remain available until September 30, 2029.

(e) Appropriation for Department of Commerce Nonrecurring Expenses Fund.—

(1) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Department of Commerce Nonrecurring Expenses Fund for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $22,000,000,000, to remain available until expended, of which—

(A) $11,000,000,000 is to carry out programs related to Government efficiencies in fiscal year 2024; and

(B) $11,000,000,000 is to carry out programs related to Government efficiencies in fiscal year 2025.

(2) LIMITATION ON TRANSFER.—Funds provided by paragraph (1) shall not be subject to any transfer authority provided by law.

(3) REPORT REQUIREMENTS.—Reporting requirements in section 111(a) of division B of Public Law 116–93 shall apply to funds provided by paragraph (1).

(4) STATUTORY PAYGO SCORECARDS.—The budgetary effects of this subsection shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.

(5) SENATE PAYGO SCORECARDS.—The budgetary effects of this subsection and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).

(6) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(7) and (c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this subsection shall be estimated for purposes of section 251 of such Act and as appropriations for discretionary accounts for purposes of the allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974 and the concurrent resolution on the budget.

(f) Additional spending limits.—For purposes of section 302(a)(5) of the Congressional Budget and Impoundment Control Act of 1974, in the following applicable fiscal years, the following discretionary spending limits shall apply:

(1) Fiscal year 2026, $1,621,959,000,000.

(2) Fiscal year 2027, $1,638,179,000,000.

(3) Fiscal year 2028, $1,654,560,000,000.

(4) Fiscal year 2029, $1,671,106,000,000.

Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following:

“(d) Revised discretionary spending limits for fiscal year 2024.—

“(1) IN GENERAL.—Subject to paragraph (3), if on or after January 1, 2024, there is in effect an Act making continuing appropriations for part of fiscal year 2024 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(9) for fiscal year 2024 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:

“(A) For the revised security category, the amount that is equal to the total budget authority for such category for base funding, as published in the Congressional Budget Office cost estimate for the applicable appropriations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on December 21, 2022), reduced by one percent.

“(B) For the revised non-security category, the amount that is equal to the total budget authority for such category for base funding as published in the Congressional Budget Office cost estimate for the applicable appropriations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on December 21, 2022), reduced by one percent.

“(2) FINAL REPORT; SEQUESTRATION ORDER.—If the conditions specified in paragraph (1) are met during fiscal year 2024, the final sequestration report for such fiscal year pursuant to section 254(f)(1) and any order pursuant to section 254(f)(5) shall be issued on the earlier of—

“(A) 10 days, not including weekends and holidays, for the Congressional Budget Office and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enactment into law of annual full-year appropriations for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appropriations Acts without any provision for such accounts); or

“(B) April 30, 2024.

“(3) REVERSAL.—If, after January 1, 2024, there are enacted into law each of the full year discretionary appropriation Acts, then the adjustment to the applicable discretionary spending limits in paragraph (1) shall have no force or effect, and the discretionary spending limits for the revised security category and revised nonsecurity category for the applicable fiscal year shall be such limits as in effect on December 31 of the applicable fiscal year.

“(e) Revised discretionary spending limits for fiscal year 2025.—

“(1) IN GENERAL.—Subject to paragraph (3), if on or after January 1, 2025, there is in effect an Act making continuing appropriations for part of fiscal year 2025 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(10) for fiscal year 2025 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:

“(A) for the revised security category, the amount calculated for such category in section (d)(1)(A); and

“(B) for the revised non-security category, the amount calculated for each category in section (d)(1)(B).

“(2) FINAL REPORT; SEQUESTRATION ORDER.—If the conditions specified in paragraph (1) are met during fiscal year 2025, the final sequestration report for such fiscal year pursuant to section 254(f)(1) and any order pursuant to section 254(f)(5) shall be issued on the earlier of—

“(A) 10 days, not including weekends and holidays, for the Congressional Budget Office, and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enactment into law of annual full-year appropriations for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appropriations Acts without any provision for such accounts); or

“(B) April 30, 2025.

“(3) REVERSAL.—If, after January 1, 2025, there are enacted into law each of the full year discretionary appropriation Acts, then the adjustment to the applicable discretionary spending limits in paragraph (1) shall have no force or effect, and the discretionary spending limits for the revised security category and revised nonsecurity category for the applicable fiscal year shall be such limits as in effect on December 31 of the applicable fiscal year.”.

(a) In general.—Notwithstanding section 905(c) of division J of Public Law 117–58 and section 23005(c) of division B of Public Law 117–159, Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217, and sections 250(c)(7) and (c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects for any fiscal year for the amounts specified in subsection (b) shall not count for purposes of section 251 of such Act.

(b) Amounts.—The amounts specified in this subsection are—

(1) amounts designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, in division B of the Bipartisan Safer Communities Act (Public Law 117–159);

(2) amounts designated by the Congress as an emergency requirement pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58); and

(3) amounts designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress) in section 443(b) in division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328).

(a) Fiscal Year 2024.—For the purpose of enforcing the Congressional Budget Act of 1974 for fiscal year 2024, the allocations, aggregates, and levels provided for in subsection (b) shall apply in the House of Representatives in the same manner as for a concurrent resolution on the budget for fiscal year 2024 with appropriate budgetary levels for fiscal year 2024 and for fiscal years 2025 through 2033.

(b) Committee Allocations, Aggregates, and Levels.—In the House of Representatives, the Chair of the Committee on the Budget shall submit a statement for publication in the Congressional Record as soon as practicable containing—

(1) for the Committee on Appropriations, committee allocations for fiscal year 2024 consistent with discretionary spending limits set forth in section 251(c)(9) of the Balanced Budget and Emergency Deficit Control Act of 1985, as added by this Act, and the outlays flowing therefrom, and committee allocations for fiscal year 2024 for current law mandatory budget authority and outlays, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

(2) for all committees of the House of Representatives other than the Committee on Appropriations, committee allocations for fiscal year 2024 and for the period of fiscal years 2025 through 2033 consistent with the most recent baseline of the Congressional Budget Office, as adjusted, to the extent practicable, for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

(3) aggregate spending levels for fiscal year 2024 in accordance with the allocations established under paragraphs (1) and (2), for the purpose of enforcing section 311 of the Congressional Budget Act of 1974; and

(4) aggregate revenue levels for fiscal year 2024 and for the period of fiscal years 2025 through 2033 consistent with the most recent baseline of the Congressional Budget Office, as adjusted, to the extent practicable, for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974.

(c) Adjustments.—The Chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other budgetary levels included in the statement referred to in subsection (b)—

(1) to reflect changes resulting from the Congressional Budget Office’s updates to its baseline for fiscal years 2024 through 2033; or

(2) for any bill, joint resolution, amendment, or conference report by the amounts provided in such measure if such measure would not increase the deficit for either of the following time periods: fiscal year 2024 to fiscal year 2028 or fiscal year 2024 to fiscal year 2033.

(d) Expiration.—Subsections (a) through (c) shall no longer apply if a concurrent resolution on the budget for fiscal year 2024 is agreed to by the Senate and House of Representatives.

(a) In General.—In the House of Representatives, except as provided in subsection (b), any general appropriation bill or bill or joint resolution continuing appropriations, or amendment thereto or conference report thereon, may not provide an advance appropriation.

(b) Exceptions.—An advance appropriation may be provided for programs, activities or accounts identified in lists submitted for printing in the Congressional Record by the Chair of the Committee on the Budget—

(1) for fiscal year 2025, under the heading “Accounts Identified for Advance Appropriations” in an aggregate amount not to exceed $28,852,000,000 in new budget authority;

(2) for fiscal year 2025, under the heading “Veterans Accounts Identified for Advance Appropriations”; and

(3) for fiscal year 2025, under the heading “Indian Health Accounts Identified for Advance Appropriations” in an aggregate amount not to exceed the total budget authority provided for such accounts for fiscal year 2024 in bills or joint resolutions making appropriations for fiscal year 2024.

(c) Definition.—The term “advance appropriation” means any new discretionary budget authority provided in a general appropriation bill or bill or joint resolution continuing appropriations for fiscal year 2024, or any amendment thereto or conference report thereon, that first becomes available following fiscal year 2024.

(d) Expiration.—The preceding subsections of this section shall expire if a concurrent resolution on the budget for fiscal year 2024 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974.

This title is enacted by the House of Representatives—

(1) as an exercise of the rulemaking power of the House, and as such shall be considered as part of the rules of the House, and such rules shall supersede other rules only to the extent that it is inconsistent therewith; and

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

(a) Fiscal year 2024.—For the purpose of enforcing the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) and enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, and levels provided for in subsection (b) shall apply in the Senate in the same manner as for a concurrent resolution on the budget for fiscal year 2024 with appropriate budgetary levels for fiscal year 2024 and for fiscal years 2025 through 2033.

(b) Committee allocations, aggregates, and levels.—The Chairman of the Committee on the Budget of the Senate shall submit a statement for publication in the Congressional Record as soon as practicable after the date of enactment of this Act that includes—

(1) for the Committee on Appropriations of the Senate, committee allocations for fiscal year 2024 consistent with the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, and the outlays flowing therefrom, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

(2) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2024, 2024 through 2028, and 2024 through 2033, consistent with the May 2023 baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline was issued and ending on the date of submission of such statement, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);

(3) aggregate spending levels for fiscal year 2024 in accordance with the allocations established under paragraphs (1) and (2), for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);

(4) aggregate revenue levels for fiscal years 2024, 2024 through 2028, and 2024 through 2033, consistent with the May 2023 baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline was issued and ending on the date of submission of such statement, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);

(5) levels of Social Security revenues and outlays for fiscal years 2024, 2024 through 2028, and 2024 through 2033, consistent with the May 2023 baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline was issued and ending on the date of submission of such statement, for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633, 642); and

(6) a statement under the heading “Accounts Identified for Advance Appropriations” for the purpose of enforcing section 123 of this title.

(c) Additional matter.—The statement referred to in subsection (b) may also include for fiscal year 2024 the deficit-neutral reserve fund in section 3003 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, updated by 2 fiscal years.

(d) Expiration.—This section shall expire if a concurrent resolution on the budget for fiscal year 2024 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632).

(a) Fiscal year 2025.—For the purpose of enforcing the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), after April 15, 2024, and enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, and levels provided for in subsection (b) shall apply in the Senate in the same manner as for a concurrent resolution on the budget for fiscal year 2025 with appropriate budgetary levels for fiscal year 2025 and for fiscal years 2026 through 2034.

(b) Committee allocations, Aggregates, and Levels.—After April 15, 2024, but not later than May 15, 2024, the Chairman of the Committee on the Budget of the Senate shall submit a statement for publication in the Congressional Record that includes—

(1) for the Committee on Appropriations of the Senate, committee allocations for fiscal year 2025 consistent with the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, and the outlays flowing therefrom, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);

(2) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2025, 2025 through 2029, and 2025 through 2034 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);

(3) aggregate spending levels for fiscal year 2025 in accordance with the allocations established under paragraphs (1) and (2), for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);

(4) aggregate revenue levels for fiscal years 2025, 2025 through 2029, and 2025 through 2034 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);

(5) levels of Social Security revenues and outlays for fiscal years 2025, 2025 through 2029, and 2025 through 2034 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633, 642); and

(6) a statement under the heading “Accounts Identified for Advance Appropriations” for the purpose of enforcing section 123 of this title.

(c) Additional matter.—The statement referred to in subsection (b) may also include for fiscal year 2025 the deficit-neutral reserve fund in section 3003 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, updated by 3 fiscal years.

(d) Expiration.—This section shall expire if a concurrent resolution on the budget for fiscal year 2025 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632).

(a) Point of order against advance appropriations in the Senate.—

(1) IN GENERAL.—

(A) POINT OF ORDER.—Except as provided in paragraph (2), it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would provide an advance appropriation for a discretionary account.

(B) DEFINITION.—In this subsection, the term “advance appropriation” means any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2024 that first becomes available for any fiscal year after 2024 or any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2025 that first becomes available for any fiscal year after 2025.

(2) EXCEPTIONS.—Advance appropriations may be provided—

(A) for fiscal years 2025 and 2026, for programs, projects, activities, or accounts identified in a statement submitted to the Congressional Record by the Chairman of the Committee on the Budget of the Senate under the heading “Accounts Identified for Advance Appropriations” in an aggregate amount not to exceed $28,852,000,000 in new budget authority in each fiscal year;

(B) for the Corporation for Public Broadcasting;

(C) for the Department of Veterans Affairs for the Medical Services, Medical Support and Compliance, Veterans Medical Community Care, and Medical Facilities accounts of the Veterans Health Administration; and

(D) for the Department of Health and Human Services for the Indian Health Services and Indian Health Facilities accounts—

(i) for fiscal year 2025, in an amount that is not more than the amount provided for fiscal year 2024 in a bill or joint resolution making appropriations for fiscal year 2023 or 2024 for programs, projects, and activities that are not prohibited from using amounts provided for fiscal year 2024 in a bill or joint resolution making appropriations for fiscal year 2023; and

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

(3) SUPERMAJORITY WAIVER AND APPEAL.—

(A) WAIVER.—In the Senate, paragraph (1) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.

(B) APPEAL.—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1).

(4) FORM OF POINT OF ORDER.—A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 (2 U.S.C. 644(e)).

(5) CONFERENCE REPORTS.—When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to this subsection, and such point of order being sustained, such material contained in such conference report or amendment between the Houses shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this paragraph), no further amendment shall be in order.

(b) Expiration.—Subsection (a) shall terminate on the date on which a concurrent resolution on the budget for fiscal year 2024 or for fiscal year 2025 is agreed to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632).

This title is enacted by the Senate—

(1) as an exercise of the rulemaking power of the Senate, and as such shall be considered as part of the rules of the Senate, and such rules shall supersede other rules only to the extent that it is inconsistent therewith; and

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

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

This title may be cited as the “Administrative Pay-As-You-Go Act of 2023”.

In this title—

(1) the term “administrative action” means a “rule” as defined in section 804(3) of title 5, United States Code;

(2) the term “agency” means any authority of the United States that is an “agency” under section 3502(1) of title 44, United States Code, other than those considered to be independent regulatory agencies, as defined in section 3502(5) of such title;

(3) the term “covered discretionary administrative action” means a discretionary administrative action that would affect direct spending;

(4) the term “direct spending” has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c));

(5) the term “Director” means the Director of the Office of Management and Budget;

(6) the term “discretionary administrative action”—

(A) means any administrative action that is not required by law; and

(B) includes an administrative action required by law for which an agency has discretion in the manner in which to implement the administrative action; and

(7) the term “increase direct spending” means that the amount of direct spending would increase relative to—

(A) the most recently submitted projection of the amount of direct spending presented in baseline estimates as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, under—

(i) the budget of the President submitted under section 1105 of title 31, United States Code; or

(ii) the supplemental summary of the budget submitted under section 1106 of title 31, United States Code;

(B) with respect to a discretionary administrative action that is incorporated into the applicable projection described in subparagraph (A) and for which a proposal has not been submitted under section 263(a)(2)(A), a projection of the amount of direct spending if no administrative action were taken; or

(C) with respect to a discretionary administrative action described in paragraph (6)(B), a projection of the amount of direct spending under the least costly implementation option reasonably identifiable by the agency that meets the requirements under the statute.

(a) Discretionary administrative actions.—

(1) IN GENERAL.—Before an agency may finalize any covered discretionary administrative action, the head of the agency shall submit to the Director for review written notice regarding the covered discretionary administrative action, which shall include an estimate of the budgetary effects of the covered discretionary administrative action.

(2) INCREASING DIRECT SPENDING.—

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

(B) REVIEW.—

(i) IN GENERAL.—The Director shall determine whether the reduction in direct spending in a proposal in a written notice from an agency under subparagraph (A) is greater than or equal to the increase in direct spending attributable to the covered discretionary administrative action to which the written notice relates.

(ii) NO OFFSET.—If the written notice regarding a proposed covered discretionary administrative action that would increase direct spending does not include a proposal to offset the increased direct spending as determined in clause (i), the Director shall return the written notice to the agency for resubmission in accordance with this title.

(b) Nondiscretionary actions.—If an agency determines that an administrative action that would increase direct spending is required by law and therefore is not a covered discretionary administrative action, before the agency finalizes that administrative action, the head of the agency shall—

(1) submit to the Director a written opinion by the general counsel of the agency, or the equivalent employee of the agency, explaining that legal conclusion;

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

(3) consult with the Director regarding implementation of the administrative action.

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

Not later than 90 days after the date of enactment of this Act, the Director shall issue instructions regarding the implementation of this title, including how covered discretionary administrative actions that increase direct spending and nontax receipts will be evaluated.

(a) In general.—The Director may waive the requirements of section 263 if the Director concludes that the waiver—

(1) is necessary for the delivery of essential services; or

(2) is necessary for effective program delivery.

(b) Publication.—Any waiver determination under subsection (a) shall be published in the Federal Register.

This title shall not apply to administrative actions with direct spending cost of less than—

(1) $1,000,000,000 over the 10-year period beginning with the current year; or

(2) $100,000,000 in any given year during such 10-year period.

No determination, finding, action, or omission under this title shall be subject to judicial review.

This title shall expire on December 31, 2024.

Within 180 days of the date of enactment of this Act, the Comptroller General shall issue a report on the implementation of this title.

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”.

(a) In general.—Sixty days after June 30, 2023, the waivers and modifications described in subsection (c) shall cease to be effective.

(b) Prohibition.—Except as expressly authorized by an Act of Congress enacted after the date of enactment of this Act, the Secretary of Education may not use any authority to implement an extension of any executive action or rule specified in subsection (c).

(c) Waivers and modifications described.—The waivers and modifications described in this subsection are the waivers and modifications of statutory and regulatory provisions relating to an extension of the suspension of payments on certain loans and waivers of interest on such loans under section 3513 of the CARES Act (20 U.S.C. 1001 note)—

(1) described by the Department of Education in the Federal Register on October 12, 2022 (87 Fed. Reg. 61513 et seq.); and

(2) most recently extended in the announcement by the Department of Education on November 22, 2022.

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”.

Section 411 of the Social Security Act (42 U.S.C. 611) is amended by adding at the end the following:

“(e) Pilot projects for promoting accountability by measuring work outcomes.—

“(1) IN GENERAL.—The Secretary shall carry out a pilot program under which the Secretary may select up to 5 States to which a grant is made under section 403(a) for a fiscal year to negotiate performance benchmarks for work and family outcomes for recipients of assistance under the State program funded under this part, and programs funded with qualified State expenditures. The Secretary shall issue guidance on how States apply for participation in the pilot. The benchmarks shall include—

“(A) the percentage of work-eligible individuals under the State program funded under this part who are in unsubsidized employment during the 2nd quarter after exiting the program;

“(B) the level of earnings of such individuals in the 2nd and 4th quarters after exit; and

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

“(2) LEVEL OF PERFORMANCE BENCHMARK.—The Secretary and a State selected under paragraph (1) shall agree to the requisite level of performance on these benchmarks after developing baseline data in the State and comparative data in other States.

“(3) FAILURE OF STATE TO MEET BENCHMARK.—If a State fails to meet a measured benchmark standard agreed to under paragraph (2) for 2 successive fiscal years, the State, in order to continue in the pilot shall enter into a plan with the Secretary to achieve the required level of performance or, if mutually agreed to, adjust the benchmark based on new information about the feasibility of meeting such benchmark.

“(4) DURATION.—The pilot under this subsection shall be in effect for 6 fiscal years, with one year to establish benchmark data and negotiate targets and five years to measure performance against the targets, and shall supersede the requirements under section 407 for such fiscal years, notwithstanding any other provision of law.

“(5) APPLICATION OF PENALTY FOR FAILURE TO REDUCE ASSISTANCE FOR RECIPIENTS REFUSING WITHOUT GOOD CAUSE TO WORK.—For purposes of section 409(a)(14), a State operating a pilot must have a system for reducing the amount of assistance payable to a family if an individual refuses, without good cause (including for reasons described in 407(e)(2)), to engage in any such activities as the State has required of such an individual. A State without such a system shall be considered to have failed to comply with the requirements of section 407(e) for so long as the failure to comply continues.

“(6) COLLECTION OF PERFORMANCE DATA.—Each State selected under paragraph (1), in consultation with the Secretary, shall collect and submit to the Secretary data on the performance of the State operating such a pilot program.

“(7) REPORTS.—

“(A) INITIAL REPORT.—Not later than 12 months after the date of the enactment of this subsection the Secretary shall submit a report to Congress on the status of the program under this section.

“(B) FINAL REPORT.—Not later than 12 months after the date on which the programs under this section have terminated, the Secretary shall submit a comprehensive report to Congress on outcomes achieved under such programs.”.

Section 407(b) of the Social Security Act (42 U.S.C. 607(b)) is amended by adding at the end the following:

“(6) SPECIAL RULE REGARDING CALCULATION OF THE MINIMUM PARTICIPATION RATE.—The Secretary shall determine participation rates under this section without regard to any individual engaged in work in a family that receives no assistance under this part and less than $35 in assistance funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)).”.

Section 411 of the Social Security Act (42 U.S.C. 611), as amended by section 302, is amended by adding at the end the following:

“(f) Reporting performance indicators.—

“(1) IN GENERAL.—Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary for each indicator described in paragraph (2), for fiscal year 2025 and each fiscal year thereafter.

“(2) INDICATORS OF PERFORMANCE.—The indicators described in this paragraph for a fiscal year are the following:

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

“(B) The percentage of individuals who were work-eligible individuals who were in unsubsidized employment in the second quarter after the exit, who are also in unsubsidized employment during the fourth quarter after the exit.

“(C) The median earnings of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the second quarter after the exit.

“(D) The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit.

“(3) DEFINITION OF EXIT.—In paragraph (2), the term ‘exit’ means, with respect to a State program funded under this part, ceases to receive assistance under the program funded by this part.

“(4) REGULATIONS.—In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the reporting of performance indicators under this subsection.”.

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.

(a) In general.—Section 6(o)(3) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(6)(o)(3)) is amended to read as follows:

(1) by striking subparagraph (A) and inserting the following:

“(A) (i) under 18 years of age; or

“(ii) in—

“(I) fiscal year 2023 over 51 years of age;

“(II) fiscal year 2024 over 53 years of age;

“(III) fiscal year 2025 and each fiscal year thereafter over 55 years of age;”;

(2) in subparagraph (D), by striking “or” at the end;

(3) in subparagraph (E), by striking the period at the end and inserting “;”; and

(4) adding at the end the following:

“(F) a homeless individual;

“(G) a veteran; or

“(H) an individual who is 24 years of age or younger and who was in foster care under the responsibility of a State on the date of attaining 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii) of the Social Security Act (42 U.S.C. 675(8)(B)(iii)).”.

(b) Application.—

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

(2) SUNSET.—The amendments made by subsection (a) shall cease to have effect on October 1, 2030.

Section 6(o)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(6)) is amended—

(1) in subparagraph (E)—

(A) in the heading, by striking “Subsequent fiscal years” and inserting “Fiscal years 2020 through 2023”;

(B) by striking “(F) through (H)” and inserting “(G) through (I)”; and

(C) by striking “year,” and inserting “year through fiscal year 2023,”;

(2) in subparagraph (F), by striking “or (E)” and inserting “, (E) or (F)”;

(3) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively;

(4) by inserting after subparagraph (E) the following:

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

(5) in subparagraph (B), by striking “(H)” and inserting “(I)”;

(6) in subparagraph (C), by striking “(F) and (H)” and inserting “(G) and (I)”;

(7) in subparagraph (D), by striking “(F) through (H)” and inserting “(G) through (I)”; and

(8) by adding at end the following:

“(J) RULE OF CONSTRUCTION FOR EXEMPTION ADJUSTMENT.—During fiscal year 2024 and each subsequent fiscal year, nothing in this paragraph shall be interpreted to allow a State agency to accumulate unused exemptions to be provided beyond the subsequent fiscal year.”.

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.”.

Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall make public all available State waiver requests, including all supporting data from the State, and agency approvals of such requests, including relevant documentation on the utilization of waivers authorized under Section 6(o)(4)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(4)(A)).

(a) Paragraph (2) of section 102.—Section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended—

(1) in subparagraph (A), by striking “insure” and inserting “ensure”;

(2) in subparagraph (B), by striking “insure” and inserting “ensure”;

(3) in subparagraph (C)—

(A) by inserting “consistent with the provisions of this Act and except where compliance would be inconsistent with other statutory requirements,” before “include in every”;

(B) by striking clauses (i) through (v) and inserting the following:

“(i) reasonably foreseeable environmental effects of the proposed agency action;

“(ii) any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented;

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

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

“(v) any irreversible and irretrievable commitments of Federal resources which would be involved in the proposed agency action should it be implemented.”; and

(C) by striking “the responsible Federal official” and inserting “the head of the lead agency”;

(4) in subparagraph (D), by striking “Any” and inserting “any”;

(5) by redesignating subparagraphs (D) through (I) as subparagraphs (G) through (L), respectively;

(6) by inserting after subparagraph (C) the following:

“(D) ensure the professional integrity, including scientific integrity, of the discussion and analysis in an environmental document;

“(E) make use of reliable data and resources in carrying out this Act;

“(F) consistent with the provisions of this Act, study, develop, and describe technically and economically feasible alternatives;”; and

(7) in subparagraph (I), as amended, by inserting “consistent with the provisions of this Act,” before “recognize”.

(b) New sections.—Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is amended by adding at the end the following:

(a) In general.—The Electric Reliability Organization (as that term is defined in section 215(a)(2) of the Federal Power Act), in consultation with each regional entity (as that term is defined in section 215(a)(7) of such Act) and each transmitting utility (as that term is defined in section 3(23) of such Act) that has facilities interconnected with a transmitting utility in a neighboring transmission planning region, shall conduct a study of total transfer capability as defined in section 37.6(b)(1)(vi) of title 18, Code of Federal Regulations, between transmission planning regions that contains the following:

(1) Current total transfer capability, between each pair of neighboring transmission planning regions.

(2) A recommendation of prudent additions to total transfer capability between each pair of neighboring transmission planning regions that would demonstrably strengthen reliability within and among such neighboring transmission planning regions.

(3) Recommendations to meet and maintain total transfer capability together with such recommended prudent additions to total transfer capability between each pair of neighboring transmission planning regions.

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

(c) Report.—Not later than 12 months after the end of the public comment period in subsection (b), the Federal Energy Regulatory Commission shall submit a report on its conclusions to Congress and include recommendations, if any, for statutory changes.

Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is amended by inserting “energy storage,” before “or any other sector”.

(a) Definition of mountain valley pipeline.—In this section, the term “Mountain Valley Pipeline” means the Mountain Valley Pipeline project, as generally described and approved in Federal Energy Regulatory Commission Docket Nos. CP16–10, CP19–477, and CP21–57.

(b) Congressional findings and declaration.—The Congress hereby finds and declares that the timely completion of construction and operation of the Mountain Valley Pipeline is required in the national interest. The Mountain Valley Pipeline will serve demonstrated natural gas demand in the Northeast, Mid-Atlantic, and Southeast regions, will increase the reliability of natural gas supplies and the availability of natural gas at reasonable prices, will allow natural gas producers to access additional markets for their product, and will reduce carbon emissions and facilitate the energy transition.

(c) Approval and ratification and maintenance of existing authorizations.—Notwithstanding any other provision of law—

(1) Congress hereby ratifies and approves all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law necessary for the construction and initial operation at full capacity of the Mountain Valley Pipeline; and

(2) Congress hereby directs the Secretary of the Army, the Federal Energy Regulatory Commission, the Secretary of Agriculture, and the Secretary of the Interior, and other agencies as applicable, as the case may be, to continue to maintain such authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law necessary for the construction and initial operation at full capacity of the Mountain Valley Pipeline.

(d) Expedited approval.—Notwithstanding any other provision of law, not later than 21 days after the date of enactment of this Act and for the purpose of facilitating the completion of the Mountain Valley Pipeline, the Secretary of the Army shall issue all permits or verifications necessary—

(1) to complete the construction of the Mountain Valley Pipeline across the waters of the United States; and

(2) to allow for the operation and maintenance of the Mountain Valley Pipeline.

(e) Judicial review.—

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

(2) The United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any claim alleging the invalidity of this section or that an action is beyond the scope of authority conferred by this section.

(f) Effect.—This section supersedes any other provision of law (including any other section of this Act or other statute, any regulation, any judicial decision, or any agency guidance) that is inconsistent with the issuance of any authorization, permit, verification, biological opinion, incidental take statement, or other approval for the Mountain Valley Pipeline.

(a) In General.—Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of the enactment of this Act and ending on January 1, 2025.

(b) Special Rule Relating to Obligations Issued During Extension Period.—Effective on January 2, 2025, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that—

(1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on January 2, 2025, exceeds

(2) the face amount of such obligations outstanding on the date of the enactment of this Act.

(c) Restoring Congressional Authority Over the National Debt.—

(1) EXTENSION LIMITED TO NECESSARY OBLIGATIONS.—An obligation shall not be taken into account under subsection (b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before January 2, 2025.

(2) PROHIBITION ON CREATION OF CASH RESERVE DURING EXTENSION PERIOD.—The Secretary of the Treasury shall not issue obligations during the period specified in subsection (a) for the purpose of increasing the cash balance above normal operating balances in anticipation of the expiration of such period.