[Congressional Record Volume 169, Number 70 (Wednesday, April 26, 2023)]
[House]
[Pages H1979-H2039]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LIMIT, SAVE, GROW ACT OF 2023
Mr. ARRINGTON. Mr. Speaker, pursuant to House Resolution 327, I call
up the bill (H.R. 2811) to provide for a responsible increase to the
debt ceiling, and for other purposes, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 327, the
amendment printed in House Report 118-43 is adopted, and the bill, as
amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 2811
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limit, Save, Grow 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.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS
Sec. 201. Rescission of unobligated coronavirus funds.
Sec. 202. Rescission of inflation reduction act funds.
TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS
Sec. 211. Nullification of certain executive actions and rules relating
to Federal student loans.
Sec. 212. Limitation on authority of Secretary to propose or issue
regulations and executive actions.
TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS
Sec. 221. Amendment of 1986 Code.
Sec. 222. Modification of credit for electricity produced from certain
renewable resources.
Sec. 223. Modification of energy credit.
Sec. 224. Repeal of increase in energy credit for solar and wind
facilities placed in service in connection with low-
income communities.
Sec. 226. Zero-emission nuclear power production credit repealed.
Sec. 229. Repeal of sustainable aviation fuel credit.
Sec. 230. Clean hydrogen repeals.
Sec. 231. Nonbusiness energy property credit.
Sec. 232. Residential clean energy credit reverted to credit for
residential energy efficient property.
Sec. 233. Energy efficient commercial buildings deduction.
Sec. 234. Modifications to new energy efficient home credit.
[[Page H1980]]
Sec. 235. Clean vehicle credit.
Sec. 236. Repeal of credit for previously-owned clean vehicles.
Sec. 237. Repeal of credit for qualified commercial clean vehicles.
Sec. 238. Alternative fuel refueling property credit.
Sec. 239. Advanced energy project credit extension reversed.
Sec. 240. Repeal of advanced manufacturing production credit.
Sec. 241. Repeal of clean electricity production credit.
Sec. 242. Repeal of clean electricity investment credit.
Sec. 243. Cost recovery for qualified facilities, qualified property,
and energy storage technology removed.
Sec. 244. Repeal of clean fuel production credit.
Sec. 245. Repeal of sections relating to elective payment for energy
property and electricity produced from certain renewable
resources; transfer of credits.
Sec. 246. Transition rule.
TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
Sec. 251. Rescission of certain balances made available to the Internal
Revenue Service.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
Sec. 301. Recalibration of the caseload reduction credit.
Sec. 302. Eliminating excess maintenance of effort spending in
determining caseload reduction credit.
Sec. 303. Elimination of small checks scheme.
Sec. 304. Reporting of work outcomes.
Sec. 305. Effective date.
TITLE II--SNAP EXEMPTIONS
Sec. 311. Age-related exemption from work requirement to receive SNAP.
Sec. 312. Rule of construction for exemption adjustment.
Sec. 313. Supplemental nutrition assistance program under the Food and
Nutrition Act of 2006.
TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS
Sec. 321. Community engagement requirement for applicable individuals.
TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY
Sec. 331. Short title.
Sec. 332. Purpose.
Sec. 333. Congressional review of agency rulemaking.
Sec. 334. Budgetary effects of rules subject to section 802 of title 5,
United States Code.
Sec. 335. Government Accountability Office study of rules.
DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT
TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
Sec. 10001. Securing America's critical minerals supply.
Sec. 10002. Protecting American energy production.
Sec. 10003. Researching Efficient Federal Improvements for Necessary
Energy Refining.
Sec. 10004. Promoting cross-border energy infrastructure.
Sec. 10005. Sense of Congress expressing disapproval of the revocation
of the Presidential permit for the Keystone XL pipeline.
Sec. 10006. Sense of Congress opposing restrictions on the export of
crude oil or other petroleum products.
Sec. 10007. Unlocking our domestic LNG potential.
Sec. 10008. Sense of Congress expressing disapproval of the denial of
Jordan Cove permits.
Sec. 10009. Promoting interagency coordination for review of natural
gas pipelines.
Sec. 10010. Interim hazardous waste permits for critical energy
resource facilities.
Sec. 10011. Flexible air permits for critical energy resource
facilities.
Sec. 10012. National security or energy security waivers to produce
critical energy resources.
Sec. 10013. Natural gas tax repeal.
Sec. 10014. Repeal of greenhouse gas reduction fund.
Sec. 10015. Ending future delays in chemical substance review for
critical energy resources.
Sec. 10016. Keeping America's refineries operating.
Sec. 10017. Homeowner energy freedom.
Sec. 10018. Study.
Sec. 10019. State primary enforcement responsibility.
Sec. 10020. Use of index-based pricing in acquisition of petroleum
products for the SPR.
Sec. 10021. Prohibition on certain exports.
Sec. 10022. Sense of Congress expressing disapproval of the proposed
tax hikes on the oil and natural gas industry in the
President's fiscal year 2024 budget request.
Sec. 10023. Domestic Energy Independence report.
Sec. 10024. GAO study.
Sec. 10025. Gas kitchen ranges and ovens.
TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
Sec. 20001. Short title.
Subtitle A--Onshore and Offshore Leasing and Oversight
Sec. 20101. Onshore oil and gas leasing.
Sec. 20102. Lease reinstatement.
Sec. 20103. Protested lease sales.
Sec. 20104. Suspension of operations.
Sec. 20105. Administrative protest process reform.
Sec. 20106. Leasing and permitting transparency.
Sec. 20107. Offshore oil and gas leasing.
Sec. 20108. Five-year plan for offshore oil and gas leasing.
Sec. 20109. Geothermal leasing.
Sec. 20110. Leasing for certain qualified coal applications.
Sec. 20111. Future coal leasing.
Sec. 20112. Staff planning report.
Sec. 20113. Prohibition on Chinese communist party ownership interest.
Sec. 20114. Effect on other law.
Sec. 20115. Requirement for GAO report on wind energy impacts.
Sec. 20116. Sense of Congress on wind energy development supply chain.
Sec. 20117. Sense of Congress on oil and gas royalty rates.
Sec. 20118. Offshore wind environmental review process study.
Sec. 20119. GAO report on wind energy impacts.
Subtitle B--Permitting Streamlining
Sec. 20201. Definitions.
Sec. 20202. BUILDER Act.
Sec. 20203. Codification of National Environmental Policy Act
regulations.
Sec. 20204. Non-major Federal actions.
Sec. 20205. No net loss determination for existing rights-of-way.
Sec. 20206. Determination of National Environmental Policy Act
adequacy.
Sec. 20207. Determination regarding rights-of-way.
Sec. 20208. Terms of rights-of-way.
Sec. 20209. Funding to process permits and develop information
technology.
Sec. 20210. Offshore geological and geophysical survey licensing.
Sec. 20211. Deferral of applications for permits to drill.
Sec. 20212. Processing and terms of applications for permits to drill.
Sec. 20213. Amendments to the Energy Policy Act of 2005.
Sec. 20214. Access to Federal energy resources from non-Federal surface
estate.
Sec. 20215. Scope of environmental reviews for oil and gas leases.
Sec. 20216. Expediting approval of gathering lines.
Sec. 20217. Lease sale litigation.
Sec. 20218. Limitation on claims.
Sec. 20219. Government Accountability Office report on permits to
drill.
Sec. 20220. E-NEPA.
Sec. 20221. Limitations on claims.
Sec. 20222. One Federal decision for pipelines.
Sec. 20223. Exemption of certain wildfire mitigation activities from
certain environmental requirements.
Sec. 20224. Vegetation management, facility inspection, and operation
and maintenance relating to electric transmission and
distribution facility rights of way.
Sec. 20225. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 20226. Staffing plans.
Subtitle C--Permitting for Mining Needs
Sec. 20301. Definitions.
Sec. 20302. Minerals supply chain and reliability.
Sec. 20303. Federal register process improvement.
Sec. 20304. Designation of mining as a covered sector for Federal
permitting improvement purposes.
Sec. 20305. Treatment of actions under presidential determination 2022-
11 for Federal permitting improvement purposes.
Sec. 20306. Notice for mineral exploration activities with limited
surface disturbance.
Sec. 20307. Use of mining claims for ancillary activities.
Sec. 20308. Ensuring consideration of uranium as a critical mineral.
Sec. 20309. Barring foreign bad actors from operating on Federal lands.
Sec. 20310. Permit process for projects relating to extraction,
recovery, or processing of critical materials.
Sec. 20311. National strategy to re-shore mineral supply chains.
Subtitle D--Federal Land Use Planning
Sec. 20401. Federal land use planning and withdrawals.
Sec. 20402. Prohibitions on delay of mineral development of certain
Federal land.
Sec. 20403. Definitions.
Subtitle E--Ensuring Competitiveness on Federal Lands
Sec. 20501. Incentivizing domestic production.
Subtitle F--Energy Revenue Sharing
Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue.
[[Page H1981]]
Sec. 20602. Parity in offshore wind revenue sharing.
Sec. 20603. Elimination of administrative fee under the Mineral Leasing
Act.
Sec. 20604. Sunset.
TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
Sec. 30001. Short title.
Sec. 30002. Certification.
Sec. 30003. Federal general permits.
DIVISION E--INCREASE IN DEBT LIMIT
Sec. 40001. Limited suspension of debt ceiling.
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 CATEGORY
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, for the discretionary category,
$1,470,979,000,000 in new budget authority;
``(10) for fiscal year 2025, for the discretionary
category, $1,485,689,000,000 in new budget authority;
``(11) for fiscal year 2026, for the discretionary
category, $1,500,546,000,000 in new budget authority;
``(12) for fiscal year 2027, for the discretionary
category, $1,515,551,000,000 in new budget authority;
``(13) for fiscal year 2028, for the discretionary
category, $1,530,707,000,000 in new budget authority;
``(14) for fiscal year 2029, for the discretionary
category, $1,546,014,000,000 in new budget authority;
``(15) for fiscal year 2030, for the discretionary
category, $1,561,474,000,000 in new budget authority;
``(16) for fiscal year 2031, for the discretionary
category, $1,577,089,000,000 in new budget authority;
``(17) for fiscal year 2032, for the discretionary
category, $1,592,859,000,000 in new budget authority; and
``(18) for fiscal year 2033, for the discretionary
category, $1,608,788,000,000 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;
``(XII) for fiscal year 2025, $1,630,000,000 in additional
new budget authority;
``(XIII) for fiscal year 2026, $1,682,000,000 in additional
new budget authority;
``(XIV) for fiscal year 2027, $1,734,000,000 in additional
new budget authority;
``(XV) for fiscal year 2028, $1,788,000,000 in additional
new budget authority;
``(XVI) for fiscal year 2029, $1,842,000,000 in additional
new budget authority;
``(XVII) for fiscal year 2030, $1,898,000,000 in additional
new budget authority;
``(XVIII) for fiscal year 2031, $1,955,000,000 in
additional new budget authority;
``(XIX) for fiscal year 2032, $2,014,000,000 in additional
new budget authority; and
``(XX) for fiscal year 2033, $2,076,000,000 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;
``(XII) for fiscal year 2025, $630,000,000 in additional
new budget authority;
``(XIII) for fiscal year 2026, $658,000,000 in additional
new budget authority;
``(XIV) for fiscal year 2027, $686,000,000 in additional
new budget authority;
``(XV) for fiscal year 2028, $714,000,000 in additional new
budget authority;
``(XVI) for fiscal year 2029, $743,000,000 in additional
new budget authority;
``(XVII) for fiscal year 2030, $771,000,000 in additional
new budget authority;
``(XVIII) for fiscal year 2031, $798,000,000 in additional
new budget authority;
``(XIX) for fiscal year 2032, $826,000,000 in additional
new budget authority; and
``(XX) for fiscal year 2033, $853,000,000 in additional new
budget authority.''.
(3) Disaster funding.--Section 251(b)(2)(D)(i) of such Act
is amended by inserting after ``2021'' the following: ``and
fiscal years 2024 through 2033''.
(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;
``(VI) for fiscal year 2025, $271,000,000 in additional new
budget authority;
``(VII) for fiscal year 2026, $276,000,000 in additional
new budget authority;
``(VIII) for fiscal year 2027, $282,000,000 in additional
new budget authority;
``(IX) for fiscal year 2028, $288,000,000 in additional new
budget authority;
``(X) for fiscal year 2029, $293,000,000 in additional new
budget authority;
``(XI) for fiscal year 2030, $299,000,000 in additional new
budget authority;
``(XII) for fiscal year 2031, $305,000,000 in additional
new budget authority;
``(XIII) for fiscal year 2032, $311,000,000 in additional
new budget authority; and
``(XIV) for fiscal year 2033, $317,000,000 in additional
new budget authority.''.
(5) Wildfire suppression.--Section 251(b)(2)(F)(i) of such
Act is amended--
(A) by striking ``through 2027'' and inserting ``through
2033'';
(B) in subclause (VII), by striking ``and'' at the end;
(C) in subclause (VIII), by striking the period and
inserting a semicolon; and
(D) by inserting after subclause (VIII) the following:
``(IX) for fiscal year 2028, $2,957,000,000 in additional
new budget authority;
``(X) for fiscal year 2029, $3,036,000,000 in additional
new budget authority;
``(XI) for fiscal year 2030, $3,118,000,000 in additional
new budget authority;
``(XII) for fiscal year 2031, $3,202,000,000 in additional
new budget authority;
``(XIII) for fiscal year 2032, $3,287,000,000 in additional
new budget authority; and
``(XIV) for fiscal year 2033, $3,376,000,000 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 ``2033''; and
(2) in subsection (f)(2)(A), by striking ``2021'' and
inserting ``2033''.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS
SEC. 201. RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS.
The unobligated balances of amounts appropriated or
otherwise made available by the American Rescue Plan Act of
2021 (Public Law 117-2), and by each of Public Laws 116-123,
116-127, 116-136, and 116-139 and divisions M and N of Public
Law 116-260, are hereby permanently rescinded.
SEC. 202. RECISSION OF INFLATION REDUCTION ACT FUNDS.
The unobligated balances of amounts appropriated or
otherwise made available by each of the following provisions
of Public Law 117-169 (commonly referred to as the
``Inflation Reduction Act'') are hereby permanently
rescinded:
Section 50131.
Section 50144.
Section 50224.
Section 60114.
Section 60501.
TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS
SEC. 211. NULLIFICATION OF CERTAIN EXECUTIVE ACTIONS AND
RULES RELATING TO FEDERAL STUDENT LOANS.
(a) In General.--The following shall have no force or
effect:
(1) 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)--
(A) described by the Department of Education in the Federal
Register on October 12, 2022 (87 Fed. Reg. 61513 et seq.);
and
(B) issued on or after the date of enactment of this Act.
(2) The modifications of statutory and regulatory
provisions relating to debt discharge described by the
Department of Education in the Federal Register on October
12, 2022 (87 Fed. Reg. 61514).
(3) A final rule that is substantially similar to the
proposed rule on ``Improving Income-Driven Repayment for the
William D. Ford Federal Direct Loan Program'' published by
the Department of Education in the Federal Register on
January 11, 2023 (88 Fed. Reg. 1894 et seq.).
(b) Prohibition.--The Secretary of Education may not
implement any executive action or rule specified in paragraph
(1), (2), or (3) of subsection (a) (or a substantially
similar executive action or rule), except as expressly
authorized by an Act of Congress.
SEC. 212. LIMITATION ON AUTHORITY OF SECRETARY TO PROPOSE OR
ISSUE REGULATIONS AND EXECUTIVE ACTIONS.
Part G of title IV of the Higher Education Act of 1965 (20
U.S.C. 1088 et seq.) is amended by inserting after section
492 the following:
``SEC. 492A. LIMITATION ON AUTHORITY OF THE SECRETARY TO
PROPOSE OR ISSUE REGULATIONS AND EXECUTIVE
ACTIONS.
``(a) Draft Regulations.--Beginning after the date of
enactment of this section, a draft regulation implementing
this title (as described in section 492(b)(1)) that is
determined by the Secretary to be economically
[[Page H1982]]
significant shall be subject to the following requirements
(regardless of whether negotiated rulemaking occurs):
``(1) The Secretary shall determine whether the draft
regulation, if implemented, would result in an increase in a
subsidy cost resulting from a loan modification.
``(2) If the Secretary determines under paragraph (1) that
the draft regulation would result in an increase in a subsidy
cost resulting from a loan modification, then the Secretary
may take no further action with respect to such regulation.
``(b) Proposed or Final Regulations and Executive
Actions.--Notwithstanding any other provision of law,
beginning after the date of enactment of this section, the
Secretary may not issue a proposed rule, final regulation, or
executive action implementing this title if the Secretary
determines that the rule, regulation, or executive action--
``(1) is economically significant; and
``(2) would result in an increase in a subsidy cost
resulting from a loan modification.
``(c) Relationship to Other Requirements.--The analyses
required under subsections (a) and (b) shall be in addition
to any other cost analysis required under law for a
regulation implementing this title, including any cost
analysis that may be required pursuant to Executive Order
12866 (58 Fed. Reg. 51735; relating to regulatory planning
and review), Executive Order 13563 (76 Fed. Reg. 3821;
relating to improving regulation and regulatory review), or
any related or successor orders.
``(d) Definition.--In this section, the term `economically
significant', when used with respect to a draft, proposed, or
final regulation or executive action, means that the
regulation or executive action is likely, as determined by
the Secretary--
``(1) to have an annual effect on the economy of
$100,000,000 or more; or
``(2) adversely to affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or
tribal governments or communities.''.
TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS
SEC. 221. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
SEC. 222. MODIFICATION OF CREDIT FOR ELECTRICITY PRODUCED
FROM CERTAIN RENEWABLE RESOURCES.
(a) In General.--The following provisions of section 45(d)
are each amended by striking ``January 1, 2025'' each place
it appears and inserting ``January 1, 2022'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (6).
(4) Paragraph (7).
(5) Paragraph (9).
(6) Paragraph (11)(B).
(b) Base Credit Amount.--Section 45 is amended--
(1) in subsection (a)(1), by striking ``0.3 cents'' and
inserting ``1.5 cents'', and
(2) in subsection (b)(2), by striking ``0.3 cent'' each
place it appears and inserting ``1.5 cent''.
(c) Application to Geothermal and Solar.--Section 45(d)(4)
is amended by striking ``and the construction of which begins
before January 1, 2025'' and all that follows and inserting
``and which--
``(A) in the case of a facility using solar energy, is
placed in service before January 1, 2006, or
``(B) in the case of a facility using geothermal energy,
the construction of which begins before January 1, 2022.
Such term shall not include any property described in section
48(a)(3) the basis of which is taken into account by the
taxpayer for purposes of determining the energy credit under
section 48.''.
(d) Election To Treat Qualified Facilities as Energy
Property.--Section 48(a)(5)(C)(ii) is amended by striking
``January 1, 2025'' and inserting ``January 1, 2022''.
(e) Wind Facilities.--
(1) In general.--Section 45(d)(1) is amended by striking
``January 1, 2025'' and inserting ``January 1, 2022''.
(2) Application of phaseout percentage.--
(A) Renewable electricity production credit.--Section
45(b)(5) is amended by striking ``which is placed in service
before January 1, 2022''.
(B) Energy credit.--Section 48(a)(5)(E) is amended by
striking ``placed in service before January 1, 2022, and''.
(3) Qualified offshore wind facilities under energy
credit.--Section 48(a)(5)(F)(i) is amended by striking
``offshore wind facility, subparagraph (E) shall not apply.''
and inserting ``offshore wind facility--
``(I) subparagraph (C)(ii) shall be applied by substituting
`January 1, 2026' for `January 1, 2022',
``(II) subparagraph (E) shall not apply, and
``(III) for purposes of this paragraph, section 45(d)(1)
shall be applied by substituting `January 1, 2026' for
`January 1, 2022'.''.
(f) Wage and Apprenticeship Requirements.--Section 45(b) is
amended by striking paragraphs (6), (7), and (8).
(g) Domestic Content, Phaseout, and Energy Communities.--
Section 45(b) is amended by striking paragraphs (9), (10),
(11), and (12).
(h) Credit Reduced for Grants, Tax-Exempt Bonds, Subsidized
Energy Financing, and Other Credits.--Section 45(b)(3) is
amended to read as follows:
``(3) Credit reduced for grants, tax-exempt bonds,
subsidized energy financing, and other credits.--The amount
of the credit determined under subsection (a) with respect to
any project for any taxable year (determined after the
application of paragraphs (1) and (2)) shall be reduced by
the amount which is the product of the amount so determined
for such year and the lesser of \1/2\ or a fraction--
``(A) the numerator of which is the sum, for the taxable
year and all prior taxable years, of--
``(i) grants provided by the United States, a State, or a
political subdivision of a State for use in connection with
the project,
``(ii) proceeds of an issue of State or local government
obligations used to provide financing for the project the
interest on which is exempt from tax under section 103,
``(iii) the aggregate amount of subsidized energy financing
provided (directly or indirectly) under a Federal, State, or
local program provided in connection with the project, and
``(iv) the amount of any other credit allowable with
respect to any property which is part of the project, and
``(B) the denominator of which is the aggregate amount of
additions to the capital account for the project for the
taxable year and all prior taxable years.
The amounts under the preceding sentence for any taxable year
shall be determined as of the close of the taxable year. This
paragraph shall not apply with respect to any facility
described in subsection (d)(2)(A)(ii).''.
(i) Rounding Adjustment.--
(1) In general.--Section 45(b)(2) is amended to read as
follows:
``(2) Credit and phaseout adjustment based on inflation.--
The 1.5 cent amount in subsection (a), the 8 cent amount in
paragraph (1), the $4.375 amount in subsection (e)(8)(A), the
$2 amount in subsection (e)(8)(D)(ii)(I), and in subsection
(e)(8)(B)(i) the reference price of fuel used as a feedstock
(within the meaning of subsection (c)(7)(A)) in 2002 shall
each be adjusted by multiplying such amount by the inflation
adjustment factor for the calendar year in which the sale
occurs. If any amount as increased under the preceding
sentence is not a multiple of 0.1 cent, such amount shall be
rounded to the nearest multiple of 0.1 cent.''.
(2) Conforming amendment.--Section 45(b)(4)(A) is amended
by striking ``last two sentences'' and inserting ``last
sentence''.
(j) Hydropower.--
(1) Credit rate reduction for qualified hydroelectric
production and marine and hydrokinetic renewable energy.--
Section 45(b)(4)(A) is amended by striking ``or (7)'' and
inserting ``(7), (9), or (11)''.
(2) Marine and hydrokinetic renewable energy.--Section 45
is amended--
(A) in subsection (c)(10)(A)--
(i) in clause (iii), by adding ``or'' at the end,
(ii) in clause (iv), by striking ``, or'' and inserting a
period, and
(iii) by striking clause (v), and
(B) in subsection (d)(11)(A), by striking ``25'' and
inserting ``150''.
(k) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to
facilities placed in service after December 31, 2021.
(2) Credit reduced for grants, tax-exempt bonds, subsidized
energy financing, and other credits.--The amendment made by
subsection (h) shall apply to facilities the construction of
which begins after August 16, 2022.
(3) Domestic content, phaseout, energy communities.--The
amendments made by subsections (g) and (j) shall apply to
facilities placed in service after December 31, 2022.
SEC. 223. MODIFICATION OF ENERGY CREDIT.
(a) In General.--The following provisions of section 48 are
each amended by striking ``January 1, 2025' '' each place it
appears and inserting ``January 1, 2024'':
(1) Subsection (a)(2)(A)(i)(II).
(2) Subsection (a)(3)(A)(ii).
(3) Subsection (c)(1)(E).
(4) Subsection (c)(2)(D).
(5) Subsection (c)(3)(A)(iv).
(6) Subsection (c)(4)(C).
(7) Subsection (c)(5)(D).
(b) Certain Energy Property.--Section 48(a)(3)(A)(vii) is
amended by striking ``January 1, 2035'' and inserting
``January 1, 2024''.
(c) Phaseout of Credit.--Section 48(a) is amended by
striking paragraphs (6) and (7) and inserting the following
new paragraphs:
``(6) Phaseout for solar energy property.--
``(A) In general.--Subject to subparagraph (B), in the case
of any energy property described in paragraph (3)(A)(i) the
construction of which begins before January 1, 2024, the
energy percentage determined under paragraph (2) shall be
equal to--
``(i) in the case of any property the construction of which
begins after December 31, 2019, and before January 1, 2023,
26 percent, and
``(ii) in the case of any property the construction of
which begins after December 31, 2022, and before January 1,
2024, 22 percent.
``(B) Placed in service deadline.--In the case of any
energy property described in paragraph (3)(A)(i) the
construction of which begins before January 1, 2024, and
which is not placed in service before January 1, 2026,
[[Page H1983]]
the energy percentage determined under paragraph (2) shall be
equal to 10 percent.
``(7) Phaseout for certain other energy property.--
``(A) In general.--Subject to subparagraph (B), in the case
of any qualified fuel cell property, qualified small wind
property, waste energy recovery property, or energy property
described in paragraph (3)(A)(ii), the energy percentage
determined under paragraph (2) shall be equal to--
``(i) in the case of any property the construction of which
begins after December 31, 2019, and before January 1, 2023,
26 percent, and
``(ii) in the case of any property the construction of
which begins after December 31, 2022, and before January 1,
2024, 22 percent.
``(B) Placed in service deadline.--In the case of any
energy property described in subparagraph (A) which is not
placed in service before January 1, 2026, the energy
percentage determined under paragraph (2) shall be equal to 0
percent.''.
(d) Base Energy Percentage Amount.--Section 48(a) is
amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking ``6 percent'' and inserting
``30 percent'', and
(B) in clause (ii), by striking ``2 percent'' and inserting
``10 percent'', and
(2) in paragraph (5)(A)(ii), by striking ``6 percent'' and
inserting ``30 percent''.
(e) Credit for Geothermal.--Section 48(a)(2)(A)(i)(II) is
amended by striking ``clause (i) or (iii) of paragraph
(3)(A)'' and inserting ``paragraph (3)(A)(i)''.
(f) Energy Storage Technologies, Qualified Biogas Property;
Microgrid Controllers Removed.--
(1) In general.--Section 48(a)(3)(A) is amended by
inserting ``or'' at the end of clause (vii) and by striking
clauses (ix), (x), and (xi).
(2) Conforming changes.--
(A) Section 48(a)(2)(A)(i) is amended by inserting ``and''
at the end of subclauses (IV) and (V) and by striking
subclauses (VI), (VII), (VIII), and (IX).
(B) Section 48(c) is amended by striking paragraphs (6),
(7), and (8).
(C) Section 45(e) is amended by striking paragraph (12).
(D) Section 50(d)(2) is amended by striking ``At the
election of a taxpayer'' and all that follows through ``equal
to or less than 500 kilowatt hours.''
(g) Fuel Cells Using Electromechanical Processes.--
(1) In general.--Section 48(c)(1) is amended--
(A) in subparagraph (A)(i)--
(i) by striking ``or electromechanical'', and
(ii) by striking ``(1 kilowatt in the case of a fuel cell
power plant with a linear generator assembly)'', and
(B) in subparagraph (C)--
(i) by striking ``, or linear generator assembly'', and
(ii) by striking ``or electromechanical''.
(2) Linear generator assembly limitation.--Section 48(c)(1)
is amended by striking subparagraph (D) and by redesignating
subparagraph (E) as subparagraph (D).
(h) Dynamic Glass.--Section 48(a)(3)(A)(ii) is amended by
striking ``or electrochromic glass which uses electricity to
change its light transmittance properties in order to heat or
cool a structure,''.
(i) Coordination Rule Removed.--Paragraph (3) of section
50(c) is amended--
(1) by inserting ``and'' at the end of subparagraph (A),
(2) by striking ``, and'' at the end of subparagraph (B)
and inserting a period, and
(3) by striking subparagraph (C).
(j) Interconnection Property.--Section 48(a) is amended by
striking paragraph (8).
(k) Energy Projects, Wage Requirements, and Apprenticeship
Requirements.--Section 48(a) is amended by striking
paragraphs (9), (10), and (11).
(l) Domestic Content, Phaseout for Elective Payment.--
Section 48(a) is amended by striking paragraphs (12) and
(13).
(m) Rule for Property Financed by Tax-Exempt Bonds Removed;
Text of Special Rule for Property Financed by Subsidized
Energy Financing or Industrial Development Bonds Restored.--
Section 48(a)(4) is amended to read as follows:
``(4) Special rule for property financed by subsidized
energy financing or industrial development bonds.--
``(A) Reduction of basis.--For purposes of applying the
energy percentage to any property, if such property is
financed in whole or in part by--
``(i) subsidized energy financing, or
``(ii) the proceeds of a private activity bond (within the
meaning of section 141) the interest on which is exempt from
tax under section 103,
the amount taken into account as the basis of such property
shall not exceed the amount which (but for this subparagraph)
would be so taken into account multiplied by the fraction
determined under subparagraph (B).
``(B) Determination of fraction.--For purposes of
subparagraph (A), the fraction determined under this
subparagraph is 1 reduced by a fraction--
``(i) the numerator of which is that portion of the basis
of the property which is allocable to such financing or
proceeds, and
``(ii) the denominator of which is the basis of the
property.
``(C) Subsidized energy financing.--For purposes of
subparagraph (A), the term `subsidized energy financing'
means financing provided under a Federal, State, or local
program a principal purpose of which is to provide subsidized
financing for projects designed to conserve or produce
energy.
``(D) Termination.--This paragraph shall not apply to
periods after December 31, 2008, under rules similar to the
rules of section 48(m) (as in effect on the day before the
date of the enactment of the Revenue Reconciliation Act of
1990).''.
(n) Treatment of Contracts Involving Energy Storage.--
Section 7701(e) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(i), by inserting ``or'' at the end
of subclause (II), by striking ``or'' at the end of subclause
(III) and inserting ``and'', and by striking subclause (IV),
and
(B) by striking subparagraph (F), and
(2) in paragraph (4), by striking ``water treatment works
facility, or storage facility'' and inserting ``or water
treatment works facility''.
(o) Removal of Increased Credit Rate for Energy
Communities.--Section 48(a) is amended by striking paragraph
(14).
(p) Regulations.--Section 48(a) is amended by striking
paragraph (15).
(q) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to
property placed in service after December 31, 2021.
(2) Other property.--The amendments made by subsections
(f), (g), (h), (i), (j), (l), (n), and (o) shall apply to
property placed in service after December 31, 2022.
(3) Removal of rule for property financed by tax exempt
bonds.--The amendment made by subsection (m) shall apply to
property the construction of which begins after August 16,
2022.
SEC. 224. REPEAL OF INCREASE IN ENERGY CREDIT FOR SOLAR AND
WIND FACILITIES PLACED IN SERVICE IN CONNECTION
WITH LOW-INCOME COMMUNITIES.
(a) In General.--Section 48 is amended by striking
subsection (e).
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2023.
SEC. 226. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT
REPEALED.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45U (and by striking
the item relating to such section in the table of sections
for such subpart).
(b) Conforming Amendments.--Section 38(b) is amended--
(1) in paragraph (32), by adding ``plus'' at the end,
(2) in paragraph (33), by striking the comma at the end and
inserting a period, and
(3) by striking paragraph (34).
(c) Effective Date.--The amendments made by this section
shall apply to electricity produced and sold after December
31, 2023, in taxable years beginning after such date.
SEC. 229. REPEAL OF SUSTAINABLE AVIATION FUEL CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 40B (and by striking
the item relating to such section in the table of sections
for such subpart).
(b) Conforming Amendment.--Section 38(b) is amended by
striking paragraph (35).
(c) Coordination With Biodiesel Removed.--
(1) In general.--Section 40A(d)(1) is amended by striking
``or 40B''.
(2) Conforming amendment.--Section 40A(f) is amended by
adding at the end the following:
``(4) Certain aviation fuel.--
``(A) In general.--Except as provided in the last 3
sentences of paragraph (3), the term `renewable diesel' shall
include fuel derived from biomass which meets the
requirements of a Department of Defense specification for
military jet fuel or an American Society of Testing and
Materials specification for aviation turbine fuel.
``(B) Application of mixture credits.--In the case of fuel
which is treated as renewable diesel solely by reason of
subparagraph (A), subsection (b)(1) and section 6426(c) shall
be applied with respect to such fuel by treating kerosene as
though it were diesel fuel.''.
(3) Sustainable aviation fuel credit provisions removed.--
Section 6426 is amended by striking subsection (k).
(d) Conforming Amendments.--
(1) Section 6426 is amended--
(A) in subsection (a)(1), by striking ``(e), and (k)'' and
inserting ``and (e)'', and
(B) in subsection (h), by striking ``under section 40, 40A,
or 40B'' and inserting ``under section 40 or 40A''.
(2) Section 6427(e) is amended--
(A) in the heading, by striking ``Alternative Fuel, or
Sustainable Aviation Fuel'' and inserting ``or Alternative
Fuel'',
(B) in paragraph (1), by striking ``or the sustainable
aviation fuel mixture credit'', and
(C) in paragraph (6)--
(i) in subparagraph (C), by adding ``and'' at the end,
(ii) in subparagraph (D), by striking ``, and'' and
inserting a period, and
(iii) by striking subparagraph (E).
(3) Section 4101(a)(1) is amended by striking ``every
person producing or importing sustainable aviation fuel (as
defined in section 40B),''.
[[Page H1984]]
(4) Section 87 is amended--
(A) in paragraph (1), by adding ``and'' at the end,
(B) in paragraph (2), by striking ``, and'' and inserting a
period, and
(C) by striking paragraph (3).
(e) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2022.
SEC. 230. CLEAN HYDROGEN REPEALS.
(a) Credit for Production of Clean Hydrogen Repealed.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45V (and by striking
the item relating to such section in the table of sections
for such subpart).
(2) Conforming amendment.--Section 38(b) is amended by
striking paragraph (36).
(3) Effective date.--The amendments made by this section
shall apply to hydrogen produced after December 31, 2022.
(b) Credit for Electricity Produced From Renewable
Resources Allowed if Electricity Is Used To Produce Clean
Hydrogen.--
(1) In general.--Section 45(e) is amended by striking
paragraph (13).
(2) Effective date.--The amendments made by this subsection
shall apply to electricity produced after December 31, 2022.
(c) Election To Treat Clean Hydrogen Production Facilities
as Energy Property.--
(1) In general.--Section 48(a) is amended by striking
paragraph (15) and by redesignating paragraph (16) as
paragraph (15).
(2) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2022.
(d) Reinstatement of Alternative Fuel Credit for Liquefied
Hydrogen.--
(1) In general.--Section 6426(d)(2) is amended by
redesignating subparagraphs (D), (E), and (F) as
subparagraphs (E), (F), and (G), respectively, and by
inserting after subparagraph (C) the following:
``(D) liquefied hydrogen,''.
(2) Conforming amendment.--Section 6426(e)(2) is amended by
striking ``(E)'' and inserting ``(F)''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2022.
SEC. 231. NONBUSINESS ENERGY PROPERTY CREDIT.
(a) In General.--Section 25C is amended to read as follows:
``SEC. 25C. NONBUSINESS ENERGY PROPERTY.
``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to the sum
of--
``(1) 10 percent of the amount paid or incurred by the
taxpayer for qualified energy efficiency improvements
installed during such taxable year, and
``(2) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such
taxable year.
``(b) Limitations.--
``(1) Lifetime limitation.--The credit allowed under this
section with respect to any taxpayer for any taxable year
shall not exceed the excess (if any) of $500 over the
aggregate credits allowed under this section with respect to
such taxpayer for all prior taxable years ending after
December 31, 2005.
``(2) Windows.--In the case of amounts paid or incurred for
components described in subsection (c)(3)(B) by any taxpayer
for any taxable year, the credit allowed under this section
with respect to such amounts for such year shall not exceed
the excess (if any) of $200 over the aggregate credits
allowed under this section with respect to such amounts for
all prior taxable years ending after December 31, 2005.
``(3) Limitation on residential energy property
expenditures.--The amount of the credit allowed under this
section by reason of subsection (a)(2) shall not exceed--
``(A) $50 for any advanced main air circulating fan,
``(B) $150 for any qualified natural gas, propane, or oil
furnace or hot water boiler, and
``(C) $300 for any item of energy-efficient building
property.
``(c) Qualified Energy Efficiency Improvements.--For
purposes of this section--
``(1) In general.--The term `qualified energy efficiency
improvements' means any energy efficient building envelope
component, if--
``(A) such component is installed in or on a dwelling unit
located in the United States and owned and used by the
taxpayer as the taxpayer's principal residence (within the
meaning of section 121),
``(B) the original use of such component commences with the
taxpayer, and
``(C) such component reasonably can be expected to remain
in use for at least 5 years.
``(2) Energy efficient building envelope component.--The
term `energy efficient building envelope component' means a
building envelope component which meets--
``(A) applicable Energy Star program requirements, in the
case of a roof or roof products,
``(B) version 6.0 Energy Star program requirements, in the
case of an exterior window, a skylight, or an exterior door,
and
``(C) the prescriptive criteria for such component
established by the 2009 International Energy Conservation
Code, as such Code (including supplements) is in effect on
the date of the enactment of the American Recovery and
Reinvestment Tax Act of 2009, in the case of any other
component.
``(3) Building envelope component.--The term `building
envelope component' means--
``(A) any insulation material or system which is
specifically and primarily designed to reduce the heat loss
or gain of a dwelling unit when installed in or on such
dwelling unit,
``(B) exterior windows (including skylights),
``(C) exterior doors, and
``(D) any metal roof or asphalt roof installed on a
dwelling unit, but only if such roof has appropriate
pigmented coatings or cooling granules which are specifically
and primarily designed to reduce the heat gain of such
dwelling unit.
``(4) Manufactured homes included.--The term `dwelling
unit' includes a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (part
3280 of title 24, Code of Federal Regulations).
``(d) Residential Energy Property Expenditures.--For
purposes of this section--
``(1) In general.--The term `residential energy property
expenditures' means expenditures made by the taxpayer for
qualified energy property which is--
``(A) installed on or in connection with a dwelling unit
located in the United States and owned and used by the
taxpayer as the taxpayer's principal residence (within the
meaning of section 121), and
``(B) originally placed in service by the taxpayer.
Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property.
``(2) Qualified energy property.--
``(A) In general.--The term `qualified energy property'
means--
``(i) energy-efficient building property,
``(ii) a qualified natural gas, propane, or oil furnace or
hot water boiler, or
``(iii) an advanced main air circulating fan.
``(B) Performance and quality standards.--Property
described under subparagraph (A) shall meet the performance
and quality standards, and the certification requirements (if
any), which--
``(i) have been prescribed by the Secretary by regulations
(after consultation with the Secretary of Energy or the
Administrator of the Environmental Protection Agency, as
appropriate), and
``(ii) are in effect at the time of the acquisition of the
property, or at the time of the completion of the
construction, reconstruction, or erection of the property, as
the case may be.
``(C) Requirements and standards for air conditioners and
heat pumps.--The standards and requirements prescribed by the
Secretary under subparagraph (B) with respect to the energy
efficiency ratio (EER) for central air conditioners and
electric heat pumps--
``(i) shall require measurements to be based on published
data which is tested by manufacturers at 95 degrees
Fahrenheit, and
``(ii) may be based on the certified data of the Air
Conditioning and Refrigeration Institute that are prepared in
partnership with the Consortium for Energy Efficiency.
``(3) Energy-efficient building property.--The term
`energy-efficient building property' means--
``(A) an electric heat pump water heater which yields a
Uniform Energy Factor of at least 2.2 in the standard
Department of Energy test procedure,
``(B) an electric heat pump which achieves the highest
efficiency tier established by the Consortium for Energy
Efficiency, as in effect on January 1, 2009,
``(C) a central air conditioner which achieves the highest
efficiency tier established by the Consortium for Energy
Efficiency, as in effect on January 1, 2009, and
``(D) a natural gas, propane, or oil water heater which has
either a Uniform Energy Factor of at least 0.82 or a thermal
efficiency of at least 90 percent.
``(4) Qualified natural gas, propane, or oil furnace or hot
water boiler.--The term `qualified natural gas, propane, or
oil furnace or hot water boiler' means a natural gas,
propane, or oil furnace or hot water boiler which achieves an
annual fuel utilization efficiency rate of not less than 95.
``(5) Advanced main air circulating fan.--The term
`advanced main air circulating fan' means a fan used in a
natural gas, propane, or oil furnace and which has an annual
electricity use of no more than 2 percent of the total annual
energy use of the furnace (as determined in the standard
Department of Energy test procedures).
``(e) Special Rules.--For purposes of this section--
``(1) Application of rules.--Rules similar to the rules
under paragraphs (4), (5), (6), (7), and (8) of section
25D(e) shall apply.
``(2) Joint ownership of energy items.--
``(A) In general.--Any expenditure otherwise qualifying as
an expenditure under this section shall not be treated as
failing to so qualify merely because such expenditure was
made with respect to two or more dwelling units.
``(B) Limits applied separately.--In the case of any
expenditure described in subparagraph (A), the amount of the
credit allowable under subsection (a) shall (subject to
paragraph (1)) be computed separately with respect to the
amount of the expenditure made for each dwelling unit.
``(3) Property financed by subsidized energy financing.--
For purposes of determining the amount of expenditures made
by
[[Page H1985]]
any individual with respect to any property, there shall not
be taken into account expenditures which are made from
subsidized energy financing (as defined in section
48(a)(4)(C)).
``(f) Basis Adjustments.--For purposes of this subtitle, if
a credit is allowed under this section for any expenditure
with respect to any property, the increase in the basis of
such property which would (but for this subsection) result
from such expenditure shall be reduced by the amount of the
credit so allowed.
``(g) Termination.--This section shall not apply with
respect to any property placed in service--
``(1) after December 31, 2007, and before January 1, 2009,
or
``(2) after December 31, 2021.''.
(b) Conforming Amendments.--
(1) Section 1016(a)(33) is amended by striking ``section
25C(g)'' and inserting ``25C(f)''.
(2) Section 6213(g)(2) is amended--
(A) by adding ``and'' at the end of subparagraph (P),
(B) by striking the comma at the end of subparagraph (Q)
and inserting a period, and
(C) by striking subparagraphs (R) and (S).
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2021.
SEC. 232. RESIDENTIAL CLEAN ENERGY CREDIT REVERTED TO CREDIT
FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Extension Reversed.--
(1) In general.--Section 25D(h) is amended by striking
``December 31, 2034'' and inserting ``December 31, 2023''.
(2) Phaseout restored.--Section 25D(g) is amended--
(A) in paragraph (1), by adding ``and'' at the end,
(B) in paragraph (2), by striking ``before January 1, 2022,
26 percent,'' and inserting ``before January 1, 2023, 26
percent, and'',
(C) in paragraph (3), by striking ``December 31, 2021, and
before January 1, 2033, 30 percent,'' and inserting
``December 31, 2022, and before January 1, 2024, 22
percent.'', and
(D) by striking paragraphs (4) and (5).
(b) Residential Clean Energy Credit for Battery Storage
Technology Removed; Biomass Expenditure Provisions
Restored.--
(1) In general.--Paragraph (6) of section 25D(a) is amended
to read as follows:
``(6) the qualified biomass fuel property expenditures,'',
(2) Definition of qualified biomass fuel property
expenditures restored.--Paragraph (6) of section 25D(d) is
amended to read as follows:
``(6) Qualified biomass fuel property expenditure.--
``(A) In general.--The term `qualified biomass fuel
property expenditure' means an expenditure for property--
``(i) which uses the burning of biomass fuel to heat a
dwelling unit located in the United States and used as a
residence by the taxpayer, or to heat water for use in such a
dwelling unit, and
``(ii) which has a thermal efficiency rating of at least 75
percent (measured by the higher heating value of the fuel).
``(B) Biomass fuel.--For purposes of this section, the term
`biomass fuel' means any plant-derived fuel available on a
renewable or recurring basis.''.
(c) Conforming Amendments.--
(1) Section 25D(d)(3) is amended by striking ``, without
regard to subparagraph (D) thereof''.
(2) The heading for section 25D is amended by striking
``clean energy credit'' and inserting ``energy efficient
property''.
(3) The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 25D and inserting the following:
``Sec. 25D. Residential energy efficient property.''
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to expenditures
made after December 31, 2021.
(2) Residential clean energy credit for battery storage
technology removed; biomass expenditure provisions
restored.--The amendments made by subsection (b) shall apply
to expenditures made after December 31, 2022.
SEC. 233. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) In General.--
(1) Maximum amount of deduction rules restored.--Section
179D(b) is amended to read as follows:
``(b) Maximum Amount of Deduction.--The deduction under
subsection (a) with respect to any building for any taxable
year shall not exceed the excess (if any) of--
``(1) the product of--
``(A) $1.80, and
``(B) the square footage of the building, over
``(2) the aggregate amount of the deductions under
subsection (a) with respect to the building for all prior
taxable years.''.
(2) Modification of efficiency standard.--Section
179D(c)(1)(D) is amended by striking ``25 percent'' and
inserting ``50 percent''.
(3) Reference standard.--Section 179D(c)(2) is amended to
read as follows:
``(2) Reference standard 90.1.--The term `Reference
Standard 90.1' means, with respect to any property, the most
recent Standard 90.1 published by the American Society of
Heating, Refrigerating, and Air Conditioning Engineers and
the Illuminating Engineering Society of North America which
has been affirmed by the Secretary, after consultation with
the Secretary of Energy, for purposes of this section not
later than the date that is 2 years before the date that
construction of such property begins.''.
(4) Partial allowance.--
(A) In general.--Section 179D(d) is amended--
(i) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively, and
(ii) by inserting before paragraph (2) the following:
``(1) Partial allowance.--
``(A) In general.--Except as provided in subsection (f),
if--
``(i) the requirement of subsection (c)(1)(D) is not met,
but
``(ii) there is a certification in accordance with
paragraph (6) that any system referred to in subsection
(c)(1)(C) satisfies the energy-savings targets established by
the Secretary under subparagraph (B) with respect to such
system,
then the requirement of subsection (c)(1)(D) shall be treated
as met with respect to such system, and the deduction under
subsection (a) shall be allowed with respect to energy
efficient commercial building property installed as part of
such system and as part of a plan to meet such targets,
except that subsection (b) shall be applied to such property
by substituting `$.60' for `$1.80'.
``(B) Regulations.--The Secretary, after consultation with
the Secretary of Energy, shall establish a target for each
system described in subsection (c)(1)(C) such that, if such
targets were met for all such systems, the building would
meet the requirements of subsection (c)(1)(D).''.
(B) Conforming amendments.--
(i) Section 179D(c)(1)(D) is amended--
(I) by striking ``subsection (d)(5)'' and inserting
``subsection (d)(6)'', and
(II) by striking ``subsection (d)(1)'' and inserting
``subsection (d)(2)''.
(ii) Paragraph (3)(A) of section 179D(d), as redesignated
by subparagraph (A), is amended by striking ``paragraph (1)''
and inserting ``paragraph (2)''.
(iii) Paragraph (5) of section 179D(d), as redesignated by
subparagraph (A), is amended by striking ``paragraph
(2)(B)(iii)'' and inserting ``paragraph (3)(B)(iii)''.
(iv) Section 179D(h)(2) is amended by inserting ``or
(d)(1)(A)'' after ``subsection (c)(1)(D)''.
(5) Allocation of deduction for public property.--Paragraph
(4) of section 179D(d), as redesignated by paragraph (4)(A),
is amended to read as follows:
``(4) Allocation of deduction for public property.--In the
case of energy efficient commercial building property
installed on or in property owned by a Federal, State, or
local government or a political subdivision thereof, the
Secretary shall promulgate a regulation to allow the
allocation of the deduction to the person primarily
responsible for designing the property in lieu of the owner
of such property. Such person shall be treated as the
taxpayer for purposes of this section.''.
(6) Alternative deduction for energy efficient building
retrofit property repealed.--
(A) In general.--Section 179D is amended by striking
subsection (f).
(B) Restoration of text relating to interim rules for
lighting systems.--Section 179D is amended by inserting after
subsection (e) the following:
``(f) Interim Rules for Lighting Systems.--Until such time
as the Secretary issues final regulations under subsection
(d)(1)(B) with respect to property which is part of a
lighting system--
``(1) In general.--The lighting system target under
subsection (d)(1)(A)(ii) shall be a reduction in lighting
power density of 25 percent (50 percent in the case of a
warehouse) of the minimum requirements in Table 9.5.1 or
Table 9.6.1 (not including additional interior lighting power
allowances) of Standard 90.1-2007.
``(2) Reduction in deduction if reduction less than 40
percent.--
``(A) In general.--If, with respect to the lighting system
of any building other than a warehouse, the reduction in
lighting power density of the lighting system is not at least
40 percent, only the applicable percentage of the amount of
deduction otherwise allowable under this section with respect
to such property shall be allowed.
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage is the number of percentage
points (not greater than 100) equal to the sum of--
``(i) 50, and
``(ii) the amount which bears the same ratio to 50 as the
excess of the reduction of lighting power density of the
lighting system over 25 percentage points bears to 15.
``(C) Exceptions.--This subsection shall not apply to any
system--
``(i) the controls and circuiting of which do not comply
fully with the mandatory and prescriptive requirements of
Standard 90.1-2007 and which do not include provision for
bilevel switching in all occupancies except hotel and motel
guest rooms, store rooms, restrooms, and public lobbies, or
``(ii) which does not meet the minimum requirements for
calculated lighting levels as set forth in the Illuminating
Engineering Society of North America Lighting Handbook,
Performance and Application, Ninth Edition, 2000.''.
[[Page H1986]]
(7) Inflation adjustment.--Section 179D(g) is amended--
(A) by inserting ``or subsection (d)(1)(A)'' after
``subsection (b)'',
(B) by striking ``2022'' and inserting ``2020'', and
(C) by striking ``calendar year 2021'' and inserting
``calendar year 2019''.
(b) Special Rule for Real Estate Investment Trusts
Removed.--Section 312(k)(3)(B) is amended to read as follows:
``(B) Treatment of amounts deductible under section 179,
179b, 179c, 179d, or 179e.--For purposes of computing the
earnings and profits of a corporation, any amount deductible
under section 179, 179B, 179C, 179D, or 179E shall be allowed
as a deduction ratably over the period of 5 taxable years
(beginning with the taxable year for which such amount is
deductible under section 179, 179B, 179C, 179D, or 179E, as
the case may be).''.
(c) Conforming Amendment.--Paragraph (2) of section
179D(d), as redesignated by subsection (a)(4)(A), is amended
by striking ``not later than the date that is 4 years before
the date such property is placed in service'' and inserting
``not later than the date that is 2 years before the date
that construction of such property begins''.
(d) Effective Dates.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 234. MODIFICATIONS TO NEW ENERGY EFFICIENT HOME CREDIT.
(a) Extension Reversed.--Section 45L(h) is amended by
striking ``December 31, 2032'' and inserting ``December 31,
2021''.
(b) Decrease in Credit Amounts.--Paragraph (2) of section
45L(a) is amended to read as follows:
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to--
``(A) in the case of a dwelling unit described in paragraph
(1) or (2) of subsection (c), $2,000, and
``(B) in the case of a dwelling unit described in paragraph
(3) of subsection (c), $1,000.''.
(c) Reversal of Modification of Energy Saving
Requirements.--Section 45L(c) is amended to read as follows:
``(c) Energy Saving Requirements.--A dwelling unit meets
the energy saving requirements of this subsection if such
unit is--
``(1) certified--
``(A) to have a level of annual heating and cooling energy
consumption which is at least 50 percent below the annual
level of heating and cooling energy consumption of a
comparable dwelling unit--
``(i) which is constructed in accordance with the standards
of chapter 4 of the 2006 International Energy Conservation
Code, as such Code (including supplements) is in effect on
January 1, 2006, and
``(ii) for which the heating and cooling equipment
efficiencies correspond to the minimum allowed under the
regulations established by the Department of Energy pursuant
to the National Appliance Energy Conservation Act of 1987 and
in effect at the time of completion of construction, and
``(B) to have building envelope component improvements
account for at least \1/5\ of such 50 percent,
``(2) a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (part
3280 of title 24, Code of Federal Regulations) and which
meets the requirements of paragraph (1), or
``(3) a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (part
3280 of title 24, Code of Federal Regulations) and which--
``(A) meets the requirements of paragraph (1) applied by
substituting `30 percent' for `50 percent' both places it
appears therein and by substituting `\1/3\' for `\1/5\' in
subparagraph (B) thereof, or
``(B) meets the requirements established by the
Administrator of the Environmental Protection Agency under
the Energy Star Labeled Homes program.''.
(d) Prevailing Wage Requirement Removed.--Section 45L is
amended by striking subsection (g) and redesignating
subsection (h) as subsection (g).
(e) Basis Adjustment.--Section 45L(e) is amended by
striking ``This subsection shall not apply for purposes of
determining the adjusted basis of any building under section
42''.
(f) Effective Dates.--The amendments made by this section
shall apply to dwelling units acquired after December 31,
2021.
SEC. 235. CLEAN VEHICLE CREDIT.
(a) Per Vehicle Dollar Limitation.--Section 30D(b) is
amended by striking paragraphs (2) and (3) and inserting the
following:
``(2) Base amount.--The amount determined under this
paragraph is $2,500.
``(3) Battery capacity.--In the case of a vehicle which
draws propulsion energy from a battery with not less than 5
kilowatt hours of capacity, the amount determined under this
paragraph is $417, plus $417 for each kilowatt hour of
capacity in excess of 5 kilowatt hours. The amount determined
under this paragraph shall not exceed $5,000.''.
(b) Final Assembly.--Section 30D(d) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by adding ``and'' at the end,
(B) in subparagraph (F)(ii), by striking the comma at the
end and inserting a period, and
(C) by striking subparagraph (G), and
(2) by striking paragraph (5).
(c) Definition.--
(1) In general.--Section 30D(d), as amended by subsection
(b), is amended--
(A) in the heading, by striking ``Clean'' and inserting
``Qualified Plug-In Electric Drive Motor'',
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``clean'' and inserting ``qualified plug-in electric drive
motor'',
(ii) in subparagraph (C), by striking ``qualified'' before
``manufacturer'',
(iii) in subparagraph (F)(i), by striking ``7'' and
inserting ``4'', and
(iv) by striking subparagraph (H),
(C) in paragraph (3)--
(i) in the heading, by striking ``qualified manufacturer''
and inserting ``Manufacturer'', and
(ii) by striking ``The term `qualified manufacturer'
means'' and all that follows through the period and inserting
``The term `manufacturer' has the meaning given such term in
regulations prescribed by the Administrator of the
Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act (42 U.S.C.
7521 et seq.).'', and
(D) by striking paragraph (6).
(2) Conforming amendments.--Section 30D is amended--
(A) in subsection (a), by striking ``new clean vehicle''
and inserting ``new qualified plug-in electric drive motor
vehicle'', and
(B) in subsection (b)(1), by striking ``new clean vehicle''
and inserting ``new qualified plug-in electric drive motor
vehicle''.
(d) Critical Mineral Requirements Removed.--Section 30D is
amended by striking subsection (e).
(e) Limitation on Number of Vehicles Eligible for Credit
Restored.--
(1) In general.--Section 30D is amended by inserting after
subsection (d) the following:
``(e) Limitation on Number of New Qualified Plug-In
Electric Drive Motor Vehicles Eligible for Credit.--
``(1) In general.--In the case of a new qualified plug-in
electric drive motor vehicle sold during the phaseout period,
only the applicable percentage of the credit otherwise
allowable under subsection (a) shall be allowed.
``(2) Phaseout period.--For purposes of this subsection,
the phaseout period is the period beginning with the second
calendar quarter following the calendar quarter which
includes the first date on which the number of new qualified
plug-in electric drive motor vehicles manufactured by the
manufacturer of the vehicle referred to in paragraph (1) sold
for use in the United States after December 31, 2009, is at
least 200,000.
``(3) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is--
``(A) 50 percent for the first 2 calendar quarters of the
phaseout period,
``(B) 25 percent for the 3rd and 4th calendar quarters of
the phaseout period, and (C)
``(C) 0 percent for each calendar quarter thereafter.
``(4) Controlled groups.--Rules similar to the rules of
section 30B(f)(4) shall apply for purposes of this
subsection.''.
(2) Excluded entities.--Section 30D(d), as amended by
Public Law 117-169, is amended by striking paragraph (7).
(f) Special Rules Repealed.--Section 30D(f) is amended by
striking paragraphs (8), (9), (10), and (11).
(g) Transfer of Credit Repealed.--
(1) In general.--Section 30D is amended by striking
subsection (g).
(2) Restoration of text relating to plug-in electric
vehicles.--Section 30D is amended by inserting after
subsection (f) the following:
``(g) Credit Allowed for 2- and 3-wheeled Plug-In Electric
Vehicles.--
``(1) In general.--In the case of a qualified 2- or 3-
wheeled plug-in electric vehicle--
``(A) there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal
to the sum of the applicable amount with respect to each such
qualified 2- or 3-wheeled plug-in electric vehicle placed in
service by the taxpayer during the taxable year, and
``(B) the amount of the credit allowed under subparagraph
(A) shall be treated as a credit allowed under subsection
(a).
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to the lesser of--
``(A) 10 percent of the cost of the qualified 2- or 3-
wheeled plug-in electric vehicle, or
``(B) $2,500.
``(3) Qualified 2- or 3-wheeled plug-in electric vehicle.--
The term `qualified 2- or 3-wheeled plug-in electric vehicle'
means any vehicle which--
``(A) has 2 or 3 wheels,
``(B) meets the requirements of subparagraphs (A), (B),
(C), (E), and (F) of subsection (d)(1) (determined by
substituting `2.5 kilowatt hours' for `4 kilowatt hours' in
subparagraph (F)(i)),
``(C) is manufactured primarily for use on public streets,
roads, and highways,
``(D) is capable of achieving a speed of 45 miles per hour
or greater, and
``(E) is acquired--
``(i) after December 31, 2011, and before January 1, 2014,
or
``(ii) in the case of a vehicle that has 2 wheels, after
December 31, 2014, and before January 1, 2022.''.
(3) Conforming amendments reversed.--Section 30D(f), as
amended by Public Law 117-169, is amended--
(A) by inserting after paragraph (2) the following:
``(3) Property Used by Tax-Exempt Entity.--In the case of a
vehicle the use of which
[[Page H1987]]
is described in paragraph (3) or (4) of section 50(b) and
which is not subject to a lease, the person who sold such
vehicle to the person or entity using such vehicle shall be
treated as the taxpayer that placed such vehicle in service,
but only if such person clearly discloses to such person or
entity in a document the amount of any credit allowable under
subsection (a) with respect to such vehicle (determined
without regard to subsection (c)). For purposes of subsection
(c), property to which this paragraph applies shall be
treated as of a character subject to an allowance for
depreciation.'', and
(B) in paragraph (8), by striking ``, including any vehicle
with respect to which the taxpayer elects the application of
subsection (g)''.
(h) Termination Repealed.--Section 30D is amended by
striking subsection (h).
(i) Additional Conforming Amendments.--
(1) The heading of section 30D is amended by striking
``clean vehicle credit'' and inserting ``new qualified plug-
in electric drive motor vehicles''.
(2) Section 30B is amended--
(A) in subsection (h)(8) by inserting ``, except that no
benefit shall be recaptured if such property ceases to be
eligible for such credit by reason of conversion to a
qualified plug-in electric drive motor vehicle'', before the
period at the end, and
(B) by inserting after subsection (h) the following
subsection:
``(i) Plug-In Conversion Credit.--
``(1) In general.--For purposes of subsection (a), the
plug-in conversion credit determined under this subsection
with respect to any motor vehicle which is converted to a
qualified plug-in electric drive motor vehicle is 10 percent
of so much of the cost of the converting such vehicle as does
not exceed $40,000.
``(2) Qualified plug-in electric drive motor vehicle.--For
purposes of this subsection, the term `qualified plug-in
electric drive motor vehicle' means any new qualified plug-in
electric drive motor vehicle (as defined in section 30D,
determined without regard to whether such vehicle is made by
a manufacturer or whether the original use of such vehicle
commences with the taxpayer).
``(3) Credit allowed in addition to other credits.--The
credit allowed under this subsection shall be allowed with
respect to a motor vehicle notwithstanding whether a credit
has been allowed with respect to such motor vehicle under
this section (other than this subsection) in any preceding
taxable year.
``(4) Termination.--This subsection shall not apply to
conversions made after December 31, 2011.''.
(3) Section 38(b)(30) is amended by striking ``clean'' and
inserting ``qualified plug-in electric drive motor''.
(4) Section 6213(g)(2) is amended by striking subparagraph
(T).
(5) Section 6501(m) is amended by striking ``30D(f)(6)''
and inserting ``30D(e)(4)''.
(6) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 30D and inserting after the item relating
to section 30C the following item:
``Sec. 30D. New qualified plug-in electric drive motor vehicles.''.
(j) Gross up Repealed.--Section 13401 of Public Law 117-169
is amended by striking subsection (j).
(k) Transition Rule Repealed.--Section 13401 of Public Law
117-169 is amended by striking subsection (l).
(l) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2), (3),
(4), and (5), the amendments made by this section shall apply
to vehicles placed in service after December 31, 2022.
(2) Final assembly.--The amendments made by subsection (b)
shall apply to vehicles sold after August 16, 2022.
(3) Manufacturer limitation.--The amendment made by
subsections (d) and (e) shall apply to vehicles sold after
December 31, 2022.
(4) Transfer of credit.--The amendments made by subsection
(g) shall apply to vehicles placed in service after December
31, 2023.
(5) Transition rule.--The amendment made by subsection (k)
shall take effect as if included in Public Law 117-169.
SEC. 236. REPEAL OF CREDIT FOR PREVIOUSLY-OWNED CLEAN
VEHICLES.
(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 is amended by striking section 25E (and by striking
the item relating to such section in the table of sections
for such subpart).
(b) Conforming Amendment.--Section 6213(g)(2) is amended by
striking subparagraph (U).
(c) Effective Date.--The amendments made by this section
shall apply to vehicles acquired after December 31, 2022.
SEC. 237. REPEAL OF CREDIT FOR QUALIFIED COMMERCIAL CLEAN
VEHICLES.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45W (and by striking
the item relating to such section in the table of sections
for such subpart).
(b) Conforming Amendments.--
(1) Section 38(b) is amended by striking paragraph (37).
(2) Section 6213(g)(2) is amended by striking subparagraph
(V).
(c) Effective Date.--The amendments made by this section
shall apply to vehicles acquired after December 31, 2022.
SEC. 238. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(i) is amended by striking
``December 31, 2032'' and inserting ``December 31, 2021''.
(b) Property of a Character Subject to Depreciation.--
(1) In general.--Section 30C(a) is amended by striking ``(6
percent in the case of property of a character subject to
depreciation)''.
(2) Modification of credit limitation.--Subsection (b) of
section 30C is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``with respect to any single item of'' and
inserting ``with respect to all'', and
(ii) by inserting ``at a location'' before ``shall not
exceed'', and
(B) in paragraph (1), by striking ``$100,000 in the case of
any such item of property'' and inserting ``$30,000 in the
case of a property''.
(3) Bidirectional charging equipment not included; eligible
census tract requirement removed.--Section 30C(c) is amended
to read as follows:
``(c) Qualified Alternative Fuel Vehicle Refueling
Property.--For purposes of this section, the term `qualified
alternative fuel vehicle refueling property' has the same
meaning as the term `qualified clean-fuel vehicle refueling
property' would have under section 179A if--
``(1) paragraph (1) of section 179A(d) did not apply to
property installed on property which is used as the principal
residence (within the meaning of section 121) of the
taxpayer, and
``(2) only the following were treated as clean-burning
fuels for purposes of section 179A(d):
``(A) Any fuel at least 85 percent of the volume of which
consists of one or more of the following: ethanol, natural
gas, compressed natural gas, liquified natural gas, liquefied
petroleum gas, or hydrogen.
``(B) Any mixture--
``(i) which consists of two or more of the following:
biodiesel (as defined in section 40A(d)(1)), diesel fuel (as
defined in section 4083(a)(3)), or kerosene, and
``(ii) at least 20 percent of the volume of which consists
of biodiesel (as so defined) determined without regard to any
kerosene in such mixture.
``(C) Electricity.''.
(c) Certain Electric Charging Stations Not Included as
Qualified Alternative Fuel Vehicle Refueling Property; Wage
and Apprenticeship Requirements Removed.--Section 30C is
amended by striking subsections (f) and (g) and redesignating
subsections (h) and (i) as subsections (f) and (g),
respectively.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2021.
SEC. 239. ADVANCED ENERGY PROJECT CREDIT EXTENSION REVERSED.
(a) In General.--Section 48C is amended by striking
subsection (e) and redesignating subsection (f) as subsection
(e).
(b) Modification of Qualifying Advanced Energy Projects.--
Section 48C(c)(1)(A) is amended--
(1) by striking ``, any portion of the qualified investment
of which is certified by the Secretary under subsection (e)
as eligible for a credit under this section'',
(2) in clause (i)--
(A) by striking ``an industrial or manufacturing facility
for the production or recycling of'' and inserting ``a
manufacturing facility for the production of'',
(B) in subclause (I), by striking ``water,'',
(C) in subclause (II), by striking ``energy storage systems
and components'' and inserting ``an energy storage system for
use with electric or hybrid-electric motor vehicles'',
(D) in subclause (III), by striking ``grid modernization
equipment or components'' and inserting ``grids to support
the transmission of intermittent sources of renewable energy,
including storage of such energy'',
(E) in subclause (IV), by striking ``, remove, use, or
sequester carbon oxide emissions'' and inserting ``and
sequester carbon dioxide emissions'',
(F) by striking subclause (V) and inserting the following:
``(V) property designed to refine or blend renewable fuels
or to produce energy conservation technologies (including
energy-conserving lighting technologies and smart grid
technologies),'',
(G) by striking subclauses (VI), (VII), and (VIII),
(H) by inserting after subclause (V) the following:
``(VI) new qualified plug-in electric drive motor vehicles
(as defined by section 30D) or components which are designed
specifically for use with such vehicles, including electric
motors, generators, and power control units, or'', and
(I) by redesignating subclause (IX) as subclause (VII), and
inserting ``, and'' at the end of such subclause, and
(3) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) any portion of the qualified investment of which is
certified by the Secretary under subsection (d) as eligible
for a credit under this section.''.
(c) Conforming Amendment.--Subparagraph (A) of section
48C(c)(2) is amended to read as follows:
``(A) which is necessary for the production of property
described in paragraph (1)(A)(i),''.
(d) Denial of Double Benefit.--Section 48C(e), as
redesignated by this section, is amended by striking ``48B,
48E, 45Q, or 45V'' and inserting ``or 48B''.
[[Page H1988]]
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 2023.
SEC. 240. REPEAL OF ADVANCED MANUFACTURING PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45X (and by striking
the item relating to such section in the table of sections
for such subpart).
(b) Conforming Amendment.--Section 38(b) is amended by
striking paragraph (38).
(c) Effective Date.--The amendments made by this section
shall apply to components produced and sold after December
31, 2022.
SEC. 241. REPEAL OF CLEAN ELECTRICITY PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45Y (and by striking
the item relating to such section in the table of sections
for such subpart).
(b) Conforming Amendment.--Section 38(b) is amended by
striking paragraph (39).
(c) Effective Date.--The amendments made by this section
shall apply to facilities placed in service after December
31, 2024.
SEC. 242. REPEAL OF CLEAN ELECTRICITY INVESTMENT CREDIT.
(a) In General.--Subpart E of part IV of subchapter A of
chapter 1 is amended by striking section 48E (and by striking
the item relating to such section in the table of sections
for such subpart).
(b) Conforming Amendments.--
(1) Section 46, as amended by Public Law 117-169, is
amended--
(A) in paragraph (5), by adding ``and'' at the end,
(B) in paragraph (6), by striking ``, and'' and inserting a
period, and
(C) by striking paragraph (7).
(2) Section 49(a)(1)(C), as amended by Public Law 117-169,
is amended--
(A) by adding ``and'' at the end of clause (v),
(B) by striking the comma at the end of clause (vi) and
inserting a period, and
(C) by striking clauses (vii) and (viii).
(3) Section 50(a)(2)(E), as amended by Public Law 117-169,
is amended by striking ``48D(b)(5), or 48E(e)'' and inserting
``or 48D(b)(5)''.
(4) Section 50(c)(3), as amended by Public Law 117-169, is
amended by striking ``or clean electricity investment
credit''.
(c) Effective Date.--The amendments made by this section
shall apply to facilities and property placed in service
after December 31, 2024.
SEC. 243. COST RECOVERY FOR QUALIFIED FACILITIES, QUALIFIED
PROPERTY, AND ENERGY STORAGE TECHNOLOGY
REMOVED.
(a) In General.--Section 168(e)(3)(B), as amended by Public
Law 117-169, is amended--
(1) in clause (vi)(III), by adding ``and'' at the end,
(2) in clause (vii), by striking ``, and,'' at the end and
inserting a period, and
(3) by striking clause (viii).
(b) Effective Date.--The amendments made by this section
shall apply to facilities and property placed in service
after December 31, 2024.
SEC. 244. REPEAL OF CLEAN FUEL PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45Z (and by striking
the item relating to such section in the table of sections
for such subpart).
(b) Conforming Amendments.--
(1) Section 30C(c)(1)(B), as amended by Public Law 117-169,
is amended by striking clause (iv).
(2) Section 38(b), as amended by Public Law 117-169, is
amended by striking paragraph (40).
(3) Section 4101(a)(1), as amended by Public Law 117-169,
is amended by striking ``every person producing a fuel
eligible for the clean fuel production credit (pursuant to
section 45Z),''.
(c) Effective Date.--The amendments made by this section
shall apply to transportation fuel produced after December
31, 2024.
SEC. 245. REPEAL OF SECTIONS RELATING TO ELECTIVE PAYMENT FOR
ENERGY PROPERTY AND ELECTRICITY PRODUCED FROM
CERTAIN RENEWABLE RESOURCES; TRANSFER OF
CREDITS.
(a) In General.--Subchapter B of chapter 65 is amended by
striking sections 6417 and 6418 (and by striking the items
relating to such sections in the table of sections for such
subchapter).
(b) Conforming Amendments.--
(1) Section 50(d) is amended by striking ``In the case of a
real estate investment trust making an election under section
6418, paragraphs (1)(B) and (2)(B) of the section 46(e)
referred to in paragraph (1) of this subsection shall not
apply to any investment credit property of such real estate
investment trust to which such election applies''.
(2) Section 39(a) is amended by striking paragraph (4).
(3) Section 13801 of Public Law 117-169 is amended by
striking subsection (f).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 246. TRANSITION RULE.
In the case of a taxpayer who entered into a binding
written contract or made other concrete investment action
after August 26, 2022, and before April 19, 2023 to engage in
an activity for which a credit would otherwise be available
if not for the application of sections 229 and 244 of this
Act, such sections shall not apply.
TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
SEC. 251. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO
THE INTERNAL REVENUE SERVICE.
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 are
rescinded.
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 ``2022''.
SEC. 302. ELIMINATING EXCESS MAINTENANCE OF EFFORT SPENDING
IN DETERMINING CASELOAD REDUCTION CREDIT.
Section 407(b)(3) of the Social Security Act (42 U.S.C.
607(b)(3)) is amended by adding at the end the following:
``(C) Exclusion of certain cases.--The Secretary shall
determine the minimum participation rate of a State for a
fiscal year under this subsection without regard to cases
that are funded by an amount expended in excess of the
applicable percentage of the historic expenditures (as
defined in section 409(a)(7)(B)(ii)) of the State for the
fiscal year.''.
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 minimum
participation rate.--The Secretary shall determine
participation rates under this section without regard to any
individual engaged in work who is described in section
408(a)(2), who is not in compliance with section 408(a)(3),
or with respect to whom the assessment required by section
408(b)(1) has not been made.''.
SEC. 304. REPORTING OF WORK OUTCOMES.
Section 411 of the Social Security Act (42 U.S.C. 611) is
amended by adding at the end the following:
``(e) Reporting Performance Indicators.--
``(1) In general.--Each Sate, 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.''.
SEC. 305. EFFECTIVE DATE.
The amendments made by this title shall take effect on
October 1, 2024.
TITLE II--SNAP EXEMPTIONS
SEC. 311. AGE-RELATED EXEMPTION FROM WORK REQUIREMENT TO
RECEIVE SNAP.
Section 6(o)(3)(A) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(6)(o)(3)(A)) is amended by striking ``50'' and
inserting ``56''.
SEC. 312. RULE OF CONSTRUCTION FOR EXEMPTION ADJUSTMENT.
Section 6(o)(6) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(6)(o)(6)) is amended by adding at end the
following:
``(I) 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.''.
[[Page H1989]]
SEC. 312. 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 the 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.''.
TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS
SECTION 321. COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE
INDIVIDUALS.
(a) In General.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)) is amended--
(1) in paragraph (26), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (27), by striking the period at the end
and inserting ``; or'';
(3) by inserting after paragraph (27) the following new
paragraph:
``(28) with respect to any amount expended for medical
assistance for an applicable individual for a month in a
calendar year if such individual did not meet the community
engagement requirement under section 1905(jj) for 3 or more
preceding months during such calendar year while such
individual was an applicable individual and was enrolled in a
State plan (or waiver of such plan) under this title.''; and
(4) in the flush left matter at the end, by striking ``and
(18),'' and inserting ``(18), and (28)''.
(b) Community Engagement Requirement.--Section 1905 of the
Social Security Act (42 U.S.C. 1396d) is amended by adding at
the end the following new subsection:
``(jj) Community Engagement Requirement for Applicable
Individuals.--
``(1) Community engagement requirement described.--For
purposes of section 1903(i)(28), the community engagement
requirement described in this subsection with respect to an
applicable individual and a month is that such individual
satisfies at least one of the following with respect to such
month:
``(A) The individual works 80 hours or more per month, or
has a monthly income that is at least equal to the Federal
minimum wage under section 6 of the Fair Labor Standards Act
of 1938, multiplied by 80 hours.
``(B) The individual completes 80 hours or more of
community service per month.
``(C) The individual participates in a work program for at
least 80 hours per month.
``(D) The individual participates in a combination of work,
including community service, and a work program for a total
of at least 80 hours per month.
``(2) Verification.--For purposes of verifying the
compliance of an applicable individual with the community
engagement requirement under paragraph (1), a State Medicaid
agency shall, whenever possible, prioritize the utilization
of existing databases or other verification measures,
including the National Change of Address Database Maintained
by the United States Postal Service, State health and human
services agencies, payroll databases, or other reliable
sources of information, prior to seeking additional
verification from such individual.
``(3) Definitions.--In this subsection:
``(A) Applicable individual.--The term `applicable
individual' means any individual who is not--
``(i) under 19 years of age or age 56 or older;
``(ii) physically or mentally unfit for employment, as
determined by a physician or other medical professional;
``(iii) pregnant;
``(iv) the parent or caretaker of a dependent child;
``(v) the parent or caretaker of an incapacitated person;
``(vi) complying with work requirements under a different
program under Federal law;
``(vii) participating in a drug or alcohol treatment and
rehabilitation program (as defined in section 3(h) of the
Food and Nutrition Act of 2008); or
``(viii) enrolled in an educational program at least half
time.
``(B) Educational program.--The term `educational program'
means--
``(i) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965);
``(ii) a program of career and technical education (as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006); or
``(iii) any other educational program approved by the
Secretary.
``(C) State medicaid agency.--The term `State Medicaid
agency' means the State agency responsible for administering
the State Medicaid plan.
``(D) Work program.--The term `work program' has the
meaning given such term in section 6(o)(1) of the Food and
Nutrition Act of 2008.''.
(c) State Option To Disenroll Certain Individuals.--Section
1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is
amended by adding at the end of the flush left text following
paragraph (87) the following: ``Notwithstanding any of the
preceding provisions of this subsection, at the option of a
State, such State may elect to disenroll an applicable
individual for a month if, with respect to medical assistance
furnished to such individual for such month, no Federal
financial participation would be available, pursuant to
section 1903(i)(28).''.
TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY
SEC. 331. SHORT TITLE.
This title may be cited as the ``Regulations from the
Executive in Need of Scrutiny Act of 2023''.
SEC. 332. PURPOSE.
The purpose of this title is to increase accountability for
and transparency in the Federal regulatory process. Section 1
of article I of the United States Constitution grants all
legislative powers to Congress. Over time, Congress has
excessively delegated its constitutional charge while failing
to conduct appropriate oversight and retain accountability
for the content of the laws it passes. By requiring a vote in
Congress, the REINS Act will result in more carefully drafted
and detailed legislation, an improved regulatory process, and
a legislative branch that is truly accountable to the
American people for the laws imposed upon them.
SEC. 333. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to
read as follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule may take effect, the Federal
agency promulgating such rule shall publish in the Federal
Register a list of information on which the rule is based,
including data, scientific and economic studies, and cost-
benefit analyses, and identify how the public can access such
information online, and shall submit to each House of the
Congress and to the Comptroller General a report containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within subparagraphs (A) through (C) of section
804(2);
``(iv) a list of any other related regulatory actions
intended to implement the same statutory provision or
regulatory objective as well as the individual and aggregate
economic effects of those actions; and
``(v) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule
shall submit to the Comptroller General and make available to
each House of Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any, including an analysis of any jobs added or
lost, differentiating between public and private sector jobs;
``(ii) the agency's actions pursuant to sections 603, 604,
605, 607, and 609 of this title;
``(iii) the agency's actions pursuant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph
(A), each House shall provide copies of the report to the
chairman and ranking member of each standing committee with
jurisdiction under the rules of the House of Representatives
or the Senate to report a bill to amend the provision of law
under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on
each major rule to the committees of jurisdiction by the end
of 15 calendar days after the submission or publication date.
The report of the Comptroller General shall include an
assessment of the agency's compliance with procedural steps
required by paragraph (1)(B) and an assessment of whether the
major rule imposes any new limits or mandates on private-
sector activity.
``(B) Federal agencies shall cooperate with the Comptroller
General by providing information relevant to the Comptroller
General's report under subparagraph (A).
``(3) A major rule relating to a report submitted under
paragraph (1) shall take effect upon enactment of a joint
resolution of approval described in section 802 or as
provided for in the rule following enactment of a joint
resolution of approval described in section 802, whichever is
later.
``(4) A nonmajor rule shall take effect as provided by
section 803 after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major
rule is not enacted within the period provided in subsection
(b)(2), then a joint resolution of approval relating to the
same rule may not be considered under this chapter in the
same Congress by either the House of Representatives or the
Senate.
``(b)(1) A major rule shall not take effect unless the
Congress enacts a joint resolution of approval described
under section 802.
[[Page H1990]]
``(2) If a joint resolution described in subsection (a) is
not enacted into law by the end of 70 session days or
legislative days, as applicable, beginning on the date on
which the report referred to in subsection (a)(1)(A) is
received by Congress (excluding days either House of Congress
is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall
be deemed not to be approved and such rule shall not take
effect.
``(c)(1) Notwithstanding any other provision of this
section (except subject to paragraph (3)), a major rule may
take effect for one 90-calendar-day period if the President
makes a determination under paragraph (2) and submits written
notice of such determination to the Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take
effect because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under
this subsection shall have no effect on the procedures under
section 802.
``(d)(1) In addition to the opportunity for review
otherwise provided under this chapter, in the case of any
rule for which a report was submitted in accordance with
subsection (a)(1)(A) during the period beginning on the date
occurring--
``(A) in the case of the Senate, 60 session days; or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress is scheduled to adjourn a
session of Congress through the date on which the same or
succeeding Congress first convenes its next session, sections
802 and 803 shall apply to such rule in the succeeding
session of Congress.
``(2)(A) In applying sections 802 and 803 for purposes of
such additional review, a rule described under paragraph (1)
shall be treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session day; or
``(II) in the case of the House of Representatives, the
15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to
affect the requirement under subsection (a)(1) that a report
shall be submitted to Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take
effect as otherwise provided by law (including other
subsections of this section).
``Sec. 802. Congressional approval procedure for major rules
``(a)(1) For purposes of this section, the term `joint
resolution' means only a joint resolution addressing a report
classifying a rule as major pursuant to section
801(a)(1)(A)(iii) that--
``(A) bears no preamble;
``(B) bears the following title (with blanks filled as
appropriate): `Approving the rule submitted by ___ relating
to ___.';
``(C) includes after its resolving clause only the
following (with blanks filled as appropriate): `That Congress
approves the rule submitted by ___ relating to ___.'; and
``(D) is introduced pursuant to paragraph (2).
``(2) After a House of Congress receives a report
classifying a rule as major pursuant to section
801(a)(1)(A)(iii), the majority leader of that House (or his
or her respective designee) shall introduce (by request, if
appropriate) a joint resolution described in paragraph (1)--
``(A) in the case of the House of Representatives, within 3
legislative days; and
``(B) in the case of the Senate, within 3 session days.
``(3) A joint resolution described in paragraph (1) shall
not be subject to amendment at any stage of proceeding.
``(b) A joint resolution described in subsection (a) shall
be referred in each House of Congress to the committees
having jurisdiction over the provision of law under which the
rule is issued.
``(c) In the Senate, if the committee or committees to
which a joint resolution described in subsection (a) has been
referred have not reported it at the end of 15 session days
after its introduction, such committee or committees shall be
automatically discharged from further consideration of the
resolution and it shall be placed on the calendar. A vote on
final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is
reported by the committee or committees to which it was
referred, or after such committee or committees have been
discharged from further consideration of the resolution.
``(d)(1) In the Senate, when the committee or committees to
which a joint resolution is referred have reported, or when a
committee or committees are discharged (under subsection (c))
from further consideration of a joint resolution described in
subsection (a), it is at any time thereafter in order (even
though a previous motion to the same effect has been
disagreed to) for a motion to proceed to the consideration of
the joint resolution, and all points of order against the
joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the joint resolution is agreed to, the
joint resolution shall remain the unfinished business of the
Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on
all debatable motions and appeals in connection therewith,
shall be limited to not more than 2 hours, which shall be
divided equally between those favoring and those opposing the
joint resolution. A motion to further limit debate is in
order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution
is not in order.
``(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the debate
if requested in accordance with the rules of the Senate, the
vote on final passage of the joint resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
``(e) In the House of Representatives, if any committee to
which a joint resolution described in subsection (a) has been
referred has not reported it to the House at the end of 15
legislative days after its introduction, such committee shall
be discharged from further consideration of the joint
resolution, and it shall be placed on the appropriate
calendar. On the second and fourth Thursdays of each month it
shall be in order at any time for the Speaker to recognize a
Member who favors passage of a joint resolution that has
appeared on the calendar for at least 5 legislative days to
call up that joint resolution for immediate consideration in
the House without intervention of any point of order. When so
called up a joint resolution shall be considered as read and
shall be debatable for 1 hour equally divided and controlled
by the proponent and an opponent, and the previous question
shall be considered as ordered to its passage without
intervening motion. It shall not be in order to reconsider
the vote on passage. If a vote on final passage of the joint
resolution has not been taken by the third Thursday on which
the Speaker may recognize a Member under this subsection,
such vote shall be taken on that day.
``(f)(1) If, before passing a joint resolution described in
subsection (a), one House receives from the other a joint
resolution having the same text, then--
``(A) the joint resolution of the other House shall not be
referred to a committee; and
``(B) the procedure in the receiving House shall be the
same as if no joint resolution had been received from the
other House until the vote on passage, when the joint
resolution received from the other House shall supplant the
joint resolution of the receiving House.
``(2) This subsection shall not apply to the House of
Representatives if the joint resolution received from the
Senate is a revenue measure.
``(g) If either House has not taken a vote on final passage
of the joint resolution by the last day of the period
described in section 801(b)(2), then such vote shall be taken
on that day.
``(h) This section and section 803 are enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such are
deemed to be part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of a joint resolution
described in subsection (a) and superseding other rules only
where explicitly so; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner
and to the same extent as in the case of any other rule of
that House.
``Sec. 803. Congressional disapproval procedure for nonmajor
rules
``(a) For purposes of this section, the term `joint
resolution' means only a joint resolution introduced in the
period beginning on the date on which the report referred to
in section 801(a)(1)(A) is received by Congress and ending 60
days thereafter (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress),
the matter after the resolving clause of which is as follows:
`That Congress disapproves the nonmajor rule submitted by the
___ relating to ___, and such rule shall have no force or
effect.' (The blank spaces being appropriately filled in).
``(b) A joint resolution described in subsection (a) shall
be referred to the committees in each House of Congress with
jurisdiction.
``(c) In the Senate, if the committee to which is referred
a joint resolution described in subsection (a) has not
reported such joint resolution (or an identical joint
resolution)
[[Page H1991]]
at the end of 15 session days after the date of introduction
of the joint resolution, such committee may be discharged
from further consideration of such joint resolution upon a
petition supported in writing by 30 Members of the Senate,
and such joint resolution shall be placed on the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is
discharged (under subsection (c)) from further consideration
of a joint resolution described in subsection (a), it is at
any time thereafter in order (even though a previous motion
to the same effect has been disagreed to) for a motion to
proceed to the consideration of the joint resolution, and all
points of order against the joint resolution (and against
consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a
motion to proceed to the consideration of the joint
resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on
all debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall be
divided equally between those favoring and those opposing the
joint resolution. A motion to further limit debate is in
order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution
is not in order.
``(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the debate
if requested in accordance with the rules of the Senate, the
vote on final passage of the joint resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
``(e) In the Senate, the procedure specified in subsection
(c) or (d) shall not apply to the consideration of a joint
resolution respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date; or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress
first convenes.
``(f) If, before the passage by one House of a joint
resolution of that House described in subsection (a), that
House receives from the other House a joint resolution
described in subsection (a), then the following procedures
shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same as if
no joint resolution had been received from the other House;
but
``(B) the vote on final passage shall be on the joint
resolution of the other House.
``Sec. 804. Definitions
``For purposes of this chapter:
``(1) The term `Federal agency' means any agency as that
term is defined in section 551(1).
``(2) The term `major rule' means any rule, including an
interim final rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of
Management and Budget finds has resulted in or is likely to
result in--
``(A) an annual effect on the economy of $100 million or
more;
``(B) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government
agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or the
ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets.
``(3) The term `nonmajor rule' means any rule that is not a
major rule.
``(4) The term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability, including a
rule that approves or prescribes for the future rates, wages,
prices, services, or allowances therefore, corporate or
financial structures, reorganizations, mergers, or
acquisitions thereof, or accounting practices or disclosures
bearing on any of the foregoing;
``(B) any rule relating to agency management or personnel;
or
``(C) any rule of agency organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-agency parties.
``(5) The term `submission or publication date', except as
otherwise provided in this chapter, means--
``(A) in the case of a major rule, the date on which the
Congress receives the report submitted under section
801(a)(1); and
``(B) in the case of a nonmajor rule, the later of--
``(i) the date on which the Congress receives the report
submitted under section 801(a)(1); and
``(ii) the date on which the nonmajor rule is published in
the Federal Register, if so published.
``Sec. 805. Judicial review
``(a) No determination, finding, action, or omission under
this chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine
whether a Federal agency has completed the necessary
requirements under this chapter for a rule to take effect.
``(c) The enactment of a joint resolution of approval under
section 802 shall not be interpreted to serve as a grant or
modification of statutory authority by Congress for the
promulgation of a rule, shall not extinguish or affect any
claim, whether substantive or procedural, against any alleged
defect in a rule, and shall not form part of the record
before the court in any judicial proceeding concerning a rule
except for purposes of determining whether or not the rule is
in effect.
``Sec. 806. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of
Governors of the Federal Reserve System or the Federal Open
Market Committee.
``Sec. 807. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which an agency for
good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule issued) that
notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest,
shall take effect at such time as the Federal agency
promulgating the rule determines.''.
SEC. 334. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802
OF TITLE 5, UNITED STATES CODE.
Section 257(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended
by adding at the end the following new subparagraph:
``(E) Budgetary effects of rules subject to section 802 of
title 5, united states code.--Any rule subject to the
congressional approval procedure set forth in section 802 of
chapter 8 of title 5, United States Code, affecting budget
authority, outlays, or receipts shall be assumed to be
effective unless it is not approved in accordance with such
section.''.
SEC. 335. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.
(a) In General.--The Comptroller General of the United
States shall conduct a study to determine, as of the date of
the enactment of this section--
(1) how many rules (as such term is defined in section 804
of title 5, United States Code) were in effect;
(2) how many major rules (as such term is defined in
section 804 of title 5, United States Code) were in effect;
and
(3) the total estimated economic cost imposed by all such
rules.
(b) Report.--Not later than 1 year after the date of the
enactment of this section, the Comptroller General of the
United States shall submit a report to Congress that contains
the findings of the study conducted under subsection (a).
DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT
TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
SEC. 10001. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.
(a) Amendment to the Department of Energy Organization
Act.--The Department of Energy Organization Act (42 U.S.C.
7101 et seq.) is amended--
(1) in section 2, by adding at the end the following:
``(d) As used in sections 102(20) and 203(a)(12), the term
`critical energy resource' means any energy resource--
``(1) that is essential to the energy sector and energy
systems of the United States; and
``(2) the supply chain of which is vulnerable to
disruption.'';
(2) in section 102, by adding at the end the following:
``(20) To ensure there is an adequate and reliable supply
of critical energy resources that are essential to the energy
security of the United States.''; and
(3) in section 203(a), by adding at the end the following:
``(12) Functions that relate to securing the supply of
critical energy resources, including identifying and
mitigating the effects of a disruption of such supply on--
``(A) the development and use of energy technologies; and
``(B) the operation of energy systems.''.
(b) Securing Critical Energy Resource Supply Chains.--
(1) In general.--In carrying out the requirements of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), the Secretary of Energy, in consultation with the
appropriate Federal agencies, representatives of the energy
sector, States, and other stakeholders, shall--
[[Page H1992]]
(A) conduct ongoing assessments of--
(i) energy resource criticality based on the importance of
critical energy resources to the development of energy
technologies and the supply of energy;
(ii) the critical energy resource supply chain of the
United States;
(iii) the vulnerability of such supply chain; and
(iv) how the energy security of the United States is
affected by the reliance of the United States on importation
of critical energy resources;
(B) facilitate development of strategies to strengthen
critical energy resource supply chains in the United States,
including by--
(i) diversifying the sources of the supply of critical
energy resources; and
(ii) increasing domestic production, separation, and
processing of critical energy resources;
(C) develop substitutes and alternatives to critical energy
resources; and
(D) improve technology that reuses and recycles critical
energy resources.
(2) Report.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the
Secretary of Energy shall submit to Congress a report
containing--
(A) the results of the ongoing assessments conducted under
paragraph (1)(A);
(B) a description of any actions taken pursuant to the
Department of Energy Organization Act to mitigate potential
effects of critical energy resource supply chain disruptions
on energy technologies or the operation of energy systems;
and
(C) any recommendations relating to strengthening critical
energy resource supply chains that are essential to the
energy security of the United States.
(3) Critical energy resource defined.--In this section, the
term ``critical energy resource'' has the meaning given such
term in section 2 of the Department of Energy Organization
Act (42 U.S.C. 7101).
SEC. 10002. PROTECTING AMERICAN ENERGY PRODUCTION.
(a) Sense of Congress.--It is the sense of Congress that
States should maintain primacy for the regulation of
hydraulic fracturing for oil and natural gas production on
State and private lands.
(b) Prohibition on Declaration of a Moratorium on Hydraulic
Fracturing.--Notwithstanding any other provision of law, the
President may not declare a moratorium on the use of
hydraulic fracturing unless such moratorium is authorized by
an Act of Congress.
SEC. 10003. RESEARCHING EFFICIENT FEDERAL IMPROVEMENTS FOR
NECESSARY ENERGY REFINING.
Not later than 90 days after the date of enactment of this
section, the Secretary of Energy shall direct the National
Petroleum Council to--
(1) submit to the Secretary of Energy and Congress a report
containing--
(A) an examination of the role of petrochemical refineries
located in the United States and the contributions of such
petrochemical refineries to the energy security of the United
States, including the reliability of supply in the United
States of liquid fuels and feedstocks, and the affordability
of liquid fuels for consumers in the United States;
(B) analyses and projections with respect to--
(i) the capacity of petrochemical refineries located in the
United States;
(ii) opportunities for expanding such capacity; and
(iii) the risks to petrochemical refineries located in the
United States;
(C) an assessment of any Federal or State executive
actions, regulations, or policies that have caused or
contributed to a decline in the capacity of petrochemical
refineries located in the United States; and
(D) any recommendations for Federal agencies and Congress
to encourage an increase in the capacity of petrochemical
refineries located in the United States; and
(2) make publicly available the report submitted under
paragraph (1).
SEC. 10004. PROMOTING CROSS-BORDER ENERGY INFRASTRUCTURE.
(a) Authorization of Certain Energy Infrastructure Projects
at an International Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (d), no person may construct, connect, operate, or
maintain a border-crossing facility for the import or export
of oil or natural gas, or the transmission of electricity,
across an international border of the United States without
obtaining a certificate of crossing for the border-crossing
facility under this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 120 days after final
action is taken, by the relevant official or agency
identified under subparagraph (B), under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to a border-crossing facility for which a person
requests a certificate of crossing under this subsection, the
relevant official or agency, in consultation with appropriate
Federal agencies, shall issue a certificate of crossing for
the border-crossing facility unless the relevant official or
agency finds that the construction, connection, operation, or
maintenance of the border-crossing facility is not in the
public interest of the United States.
(B) Relevant official or agency.--The relevant official or
agency referred to in subparagraph (A) is--
(i) the Federal Energy Regulatory Commission with respect
to border-crossing facilities consisting of oil or natural
gas pipelines; and
(ii) the Secretary of Energy with respect to border-
crossing facilities consisting of electric transmission
facilities.
(C) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for a border-crossing facility consisting of an
electric transmission facility, the Secretary of Energy shall
require, as a condition of issuing the certificate of
crossing under subparagraph (A), that the border-crossing
facility be constructed, connected, operated, or maintained
consistent with all applicable policies and standards of--
(i) the Electric Reliability Organization and the
applicable regional entity; and
(ii) any Regional Transmission Organization or Independent
System Operator with operational or functional control over
the border-crossing facility.
(3) Exclusions.--This subsection shall not apply to any
construction, connection, operation, or maintenance of a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating for such
import, export, or transmission as of the date of enactment
of this section;
(B) if a Presidential permit (or similar permit) for the
construction, connection, operation, or maintenance has been
issued pursuant to any provision of law or Executive order;
or
(C) if an application for a Presidential permit (or similar
permit) for the construction, connection, operation, or
maintenance is pending on the date of enactment of this
section, until the earlier of--
(i) the date on which such application is denied; or
(ii) two years after the date of enactment of this section,
if such a permit has not been issued by such date of
enactment.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this subsection or
subsection (d) shall affect the application of any other
Federal statute to a project for which a certificate of
crossing for a border-crossing facility is requested under
this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (d) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act for the siting, construction, or operation of
any facility to import or export natural gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (d) shall affect the authority of the Federal
Energy Regulatory Commission with respect to oil pipelines
under section 60502 of title 49, United States Code.
(b) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(B) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that
follows through the period at the end and inserting ``the
Secretary has conducted hearings and finds that the proposed
transmission facilities would not impair the sufficiency of
electric supply within the United States or would not impede
or tend to impede the coordination in the public interest of
facilities subject to the jurisdiction of the Secretary.''.
(c) No Presidential Permit Required.--No Presidential
permit (or similar permit) shall be required pursuant to any
provision of law or Executive order for the construction,
connection, operation, or maintenance of an oil or natural
gas pipeline or electric transmission facility, or any
border-crossing facility thereof.
(d) Modifications to Existing Projects.--No certificate of
crossing under subsection (a), or Presidential permit (or
similar permit), shall be required for a modification to--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this section;
(2) an oil or natural gas pipeline or electric transmission
facility for which a Presidential permit (or similar permit)
has been issued pursuant to any provision of law or Executive
order; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (a).
(e) Prohibition on Revocation of Presidential Permits.--
Notwithstanding any other provision of law, the President may
not revoke a Presidential permit (or similar permit) issued
pursuant to Executive Order No. 13337 (3 U.S.C. 301 note),
Executive Order No. 11423 (3 U.S.C. 301 note), Executive
Order No. 12038 (43 Fed. Reg. 4957), Executive Order
[[Page H1993]]
No. 10485 (18 Fed. Reg. 5397), or any other Executive order
for the construction, connection, operation, or maintenance
of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof, unless
such revocation is authorized by an Act of Congress.
(f) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (a) through (d), and the
amendments made by such subsections, shall take effect on the
date that is 1 year after the date of enactment of this
section.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (a)(2)(B) shall--
(A) not later than 180 days after the date of enactment of
this section, publish in the Federal Register notice of a
proposed rulemaking to carry out the applicable requirements
of subsection (a); and
(B) not later than 1 year after the date of enactment of
this section, publish in the Federal Register a final rule to
carry out the applicable requirements of subsection (a).
(g) Definitions.--In this section:
(1) Border-crossing facility.--The term ``border-crossing
facility'' means the portion of an oil or natural gas
pipeline or electric transmission facility that is located at
an international boundary of the United States.
(2) Modification.--The term ``modification'' includes a
reversal of flow direction, change in ownership, change in
flow volume, addition or removal of an interconnection, or an
adjustment to maintain flow (such as a reduction or increase
in the number of pump or compressor stations).
(3) Natural gas.--The term ``natural gas'' has the meaning
given that term in section 2 of the Natural Gas Act (15
U.S.C. 717a).
(4) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(5) Electric reliability organization; regional entity.--
The terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o).
(6) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings
given those terms in section 3 of the Federal Power Act (16
U.S.C. 796).
SEC. 10005. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE
REVOCATION OF THE PRESIDENTIAL PERMIT FOR THE
KEYSTONE XL PIPELINE.
(a) Findings.--Congress finds the following:
(1) On March 29, 2019, TransCanada Keystone Pipeline, L.P.,
was granted a Presidential permit to construct, connect,
operate, and maintain the Keystone XL pipeline.
(2) On January 20, 2021, President Biden issued Executive
Order No. 13990 (86 Fed. Reg. 7037) that revoked the March
2019 Presidential permit for the Keystone XL.
(b) Sense of Congress.--It is the sense of Congress that
Congress disapproves of the revocation by President Biden of
the Presidential permit for the Keystone XL pipeline.
SEC. 10006. SENSE OF CONGRESS OPPOSING RESTRICTIONS ON THE
EXPORT OF CRUDE OIL OR OTHER PETROLEUM
PRODUCTS.
(a) Findings.--Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, with the expansion of domestic crude oil and
other petroleum product production contributing to enhanced
energy security and significant economic benefits to the
national economy.
(2) In 2015, Congress recognized the need to adapt to
changing crude oil market conditions and repealed all
restrictions on the export of crude oil on a bipartisan
basis.
(3) Section 101 of title I of division O of the
Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a)
established the national policy on oil export restriction,
prohibiting any official of the Federal Government from
imposing or enforcing any restrictions on the export of crude
oil with limited exceptions, including a savings clause
maintaining the authority to prohibit exports under any
provision of law that imposes sanctions on a foreign person
or foreign government (including any provision of law that
prohibits or restricts United States persons from engaging in
a transaction with a sanctioned person or government),
including a foreign government that is designated as a state
sponsor of terrorism.
(4) Lifting the restrictions on crude oil exports
encouraged additional domestic energy production, created
American jobs and economic development, and allowed the
United States to emerge as the leading oil producer in the
world.
(5) In 2019, the United States became a net exporter of
petroleum products for the first time since 1952, and the
reliance of the United States on foreign imports of petroleum
products has declined to historic lows.
(6) Free trade, open markets, and competition have
contributed to the rise of the United States as a global
energy superpower.
(b) Sense of Congress.--It is the sense of Congress that
the Federal Government should not impose--
(1) overly restrictive regulations on the exploration,
production, or marketing of energy resources; or
(2) any restrictions on the export of crude oil or other
petroleum products under the Energy Policy and Conservation
Act (42 U.S.C. 6201 et seq.), except with respect to the
export of crude oil or other petroleum products to a foreign
person or foreign government subject to sanctions under any
provision of United States law, including to a country the
government of which is designated as a state sponsor of
terrorism.
SEC. 10007. UNLOCKING OUR DOMESTIC LNG POTENTIAL.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is
amended--
(1) by striking subsections (a) through (c);
(2) by redesignating subsections (e) and (f) as subsections
(a) and (b), respectively;
(3) by redesignating subsection (d) as subsection (c), and
moving such subsection after subsection (b), as so
redesignated;
(4) in subsection (a), as so redesignated, by amending
paragraph (1) to read as follows: ``(1) The Federal Energy
Regulatory Commission (in this subsection referred to as the
`Commission') shall have the exclusive authority to approve
or deny an application for authorization for the siting,
construction, expansion, or operation of a facility to export
natural gas from the United States to a foreign country or
import natural gas from a foreign country, including an LNG
terminal. In determining whether to approve or deny an
application under this paragraph, the Commission shall deem
the exportation or importation of natural gas to be
consistent with the public interest. Except as specifically
provided in this Act, nothing in this Act is intended to
affect otherwise applicable law related to any Federal
agency's authorities or responsibilities related to
facilities to import or export natural gas, including LNG
terminals.''; and
(5) by adding at the end the following new subsection:
``(d)(1) Nothing in this Act limits the authority of the
President under the Constitution, the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), part B of title II
of the Energy Policy and Conservation Act (42 U.S.C. 6271 et
seq.), the Trading With the Enemy Act (50 U.S.C. 4301 et
seq.), or any other provision of law that imposes sanctions
on a foreign person or foreign government (including any
provision of law that prohibits or restricts United States
persons from engaging in a transaction with a sanctioned
person or government), including a country that is designated
as a state sponsor of terrorism, to prohibit imports or
exports.
``(2) In this subsection, the term `state sponsor of
terrorism' means a country the government of which the
Secretary of State determines has repeatedly provided support
for international terrorism pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4318(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(D) any other provision of law.''.
SEC. 10008. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE
DENIAL OF JORDAN COVE PERMITS.
(a) Findings.--Congress finds the following:
(1) On March 19, 2020, the Federal Energy Regulatory
Commission granted two Federal permits to Jordan Cove Energy
Project, L.P., to site, construct, and operate a new
liquefied natural gas export terminal in Coos County, Oregon.
(2) On the same day, the Federal Energy Regulatory
Commission issued a certificate of public convenience and
necessity to Pacific Connector Gas Pipeline, L.P., to
construct and operate the proposed Pacific Connector Pipeline
in the counties of Klamath, Jackson, Douglas, and Coos of
Oregon.
(3) The State of Oregon denied the permits and the
certificate necessary for these projects.
(b) Sense of Congress.--It is the sense of Congress that
Congress disapproves of the denial of these permits by the
State of Oregon.
SEC. 10009. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF
NATURAL GAS PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) NEPA review.--The term ``NEPA review'' means the
process of reviewing a proposed Federal action under section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of an authorization
under section 3 of the Natural Gas Act or a certificate of
public convenience and necessity under section 7 of such Act.
(b) Commission NEPA Review Responsibilities.--In acting as
the lead agency under section 15(b)(1) of the Natural Gas Act
for the purposes of complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act, the Commission shall, in accordance with this
section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3)
to ensure that
[[Page H1994]]
the Commission develops information in conducting its
project-related NEPA review that is usable by the
participating agency in considering an aspect of an
application for a Federal authorization for which the agency
is responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
NEPA review.
(c) Deference to Commission.--In making a decision with
respect to a Federal authorization required with respect to
an application for authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, each agency shall give
deference, to the maximum extent authorized by law, to the
scope of the project-related NEPA review that the Commission
determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not
later than 30 days after the Commission receives an
application for an authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, any Federal or State
agency, local government, or Indian Tribe that may issue a
Federal authorization or is required by Federal law to
consult with the Commission in conjunction with the issuance
of a Federal authorization required for such authorization or
certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
Commission receives an application for an authorization under
section 3 of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act, the
Commission shall invite any agency identified under paragraph
(1) to participate in the review process for the applicable
Federal authorization.
(B) Deadline.--An invitation issued under subparagraph (A)
shall establish a deadline by which a response to the
invitation shall be submitted to the Commission, which may be
extended by the Commission for good cause.
(3) Designation as participating agencies.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act, the Commission shall designate an agency
identified under paragraph (1) as a participating agency with
respect to an application for authorization under section 3
of the Natural Gas Act or a certificate of public convenience
and necessity under section 7 of such Act unless the agency
informs the Commission, in writing, by the deadline
established pursuant to paragraph (2)(B), that the agency--
(A) has no jurisdiction or authority with respect to the
applicable Federal authorization;
(B) has no special expertise or information relevant to any
project-related NEPA review; or
(C) does not intend to submit comments for the record for
the project-related NEPA review conducted by the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not designated as
a participating agency under paragraph (3) with respect to an
application for an authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act may not request or
conduct a NEPA review that is supplemental to the project-
related NEPA review conducted by the Commission, unless the
agency--
(i) demonstrates that such review is legally necessary for
the agency to carry out responsibilities in considering an
aspect of an application for a Federal authorization; and
(ii) requires information that could not have been obtained
during the project-related NEPA review conducted by the
Commission.
(B) Comments; record.--The Commission shall not, with
respect to an agency that is not designated as a
participating agency under paragraph (3) with respect to an
application for an authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act--
(i) consider any comments or other information submitted by
such agency for the project-related NEPA review conducted by
the Commission; or
(ii) include any such comments or other information in the
record for such project-related NEPA review.
(e) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341), an applicant
for a Federal authorization shall not be required to provide
a certification under such section with respect to the
Federal authorization.
(2) Coordination.--With respect to any NEPA review for a
Federal authorization to conduct an activity that will
directly result in a discharge into the navigable waters
(within the meaning of the Federal Water Pollution Control
Act), the Commission shall identify as an agency under
subsection (d)(1) the State in which the discharge originates
or will originate, or, if appropriate, the interstate water
pollution control agency having jurisdiction over the
navigable waters at the point where the discharge originates
or will originate.
(3) Proposed conditions.--A State or interstate agency
designated as a participating agency pursuant to paragraph
(2) may propose to the Commission terms or conditions for
inclusion in an authorization under section 3 of the Natural
Gas Act or a certificate of public convenience and necessity
under section 7 of such Act that the State or interstate
agency determines are necessary to ensure that any activity
described in paragraph (2) conducted pursuant to such
authorization or certification will comply with the
applicable provisions of sections 301, 302, 303, 306, and 307
of the Federal Water Pollution Control Act.
(4) Commission consideration of conditions.--The Commission
may include a term or condition in an authorization under
section 3 of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act
proposed by a State or interstate agency under paragraph (3)
only if the Commission finds that the term or condition is
necessary to ensure that any activity described in paragraph
(2) conducted pursuant to such authorization or certification
will comply with the applicable provisions of sections 301,
302, 303, 306, and 307 of the Federal Water Pollution Control
Act.
(f) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act set by the Commission under section 15(c)(1) of
such Act shall be not later than 90 days after the Commission
completes its project-related NEPA review, unless an
applicable schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal
authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act shall formulate and implement a plan for
administrative, policy, and procedural mechanisms to enable
the agency to ensure completion of Federal authorizations in
compliance with schedules established by the Commission under
section 15(c)(1) of such Act; and
(B) in considering an aspect of an application for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act, shall--
(i) formulate and implement a plan to enable the agency to
comply with the schedule established by the Commission under
section 15(c)(1) of such Act;
(ii) carry out the obligations of that agency under
applicable law concurrently, and in conjunction with, the
project-related NEPA review conducted by the Commission, and
in compliance with the schedule established by the Commission
under section 15(c)(1) of such Act, unless the agency
notifies the Commission in writing that doing so would impair
the ability of the agency to conduct needed analysis or
otherwise carry out such obligations;
(iii) transmit to the Commission a statement--
(I) acknowledging receipt of the schedule established by
the Commission under section 15(c)(1) of the Natural Gas Act;
and
(II) setting forth the plan formulated under clause (i) of
this subparagraph;
(iv) not later than 30 days after the agency receives such
application for a Federal authorization, transmit to the
applicant a notice--
(I) indicating whether such application is ready for
processing; and
(II) if such application is not ready for processing, that
includes a comprehensive description of the information
needed for the agency to determine that the application is
ready for processing;
(v) determine that such application for a Federal
authorization is ready for processing for purposes of clause
(iv) if such application is sufficiently complete for the
purposes of commencing consideration, regardless of whether
supplemental information is necessary to enable the agency to
complete the consideration required by law with respect to
such application; and
(vi) not less often than once every 90 days, transmit to
the Commission a report describing the progress made in
considering such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline
for a Federal authorization set forth in the schedule
established by the Commission under section 15(c)(1) of the
Natural Gas Act, not later than 5 days after such deadline,
the head of the relevant Federal agency (including, in the
case of a failure by a State agency, the Federal agency
overseeing the delegated authority) shall notify Congress and
the Commission of such failure and set forth a recommended
implementation plan to ensure completion of the action to
which such deadline applied.
(g) Consideration of Applications for Federal
Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies that may
consider an aspect of an application for a Federal
authorization shall identify, as early as possible, any
issues of concern that may delay or prevent an agency from
working with the Commission to resolve such issues and
granting such authorization.
[[Page H1995]]
(B) Issue resolution.--The Commission may forward any issue
of concern identified under subparagraph (A) to the heads of
the relevant agencies (including, in the case of an issue of
concern that is a failure by a State agency, the Federal
agency overseeing the delegated authority, if applicable) for
resolution.
(2) Remote surveys.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for such
authorization to submit data, the agency shall consider any
such data gathered by aerial or other remote means that the
person submits. The agency may grant a conditional approval
for the Federal authorization based on data gathered by
aerial or remote means, conditioned on the verification of
such data by subsequent onsite inspection.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for such authorization.
(h) Accountability, Transparency, Efficiency.--For an
application for an authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act that requires multiple
Federal authorizations, the Commission, with input from any
Federal or State agency considering an aspect of the
application, shall track and make available to the public on
the Commission's website information related to the actions
required to complete the Federal authorizations. Such
information shall include the following:
(1) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act.
(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the application.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each
such action.
(5) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the
reasons for the delay.
(i) Pipeline Security.--In considering an application for
an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act, the Federal Energy Regulatory Commission shall
consult with the Administrator of the Transportation Security
Administration regarding the applicant's compliance with
security guidance and best practice recommendations of the
Administration regarding pipeline infrastructure security,
pipeline cybersecurity, pipeline personnel security, and
other pipeline security measures.
(j) Withdrawal of Policy Statements.--The Federal Energy
Regulatory Commission shall withdraw--
(1) the updated policy statement titled ``Certification of
New Interstate Natural Gas Facilities'' published in the
Federal Register on March 1, 2022 (87 Fed. Reg. 11548); and
(2) the interim policy statement titled ``Consideration of
Greenhouse Gas Emissions in Natural Gas Infrastructure
Project Reviews'' published in the Federal Register on March
11, 2022 (87 Fed. Reg. 14104).
SEC. 10010. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL
ENERGY RESOURCE FACILITIES.
Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C.
6925(e)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by inserting ``or'' after ``this
section,''; and
(C) by adding at the end the following:
``(iii) is a critical energy resource facility,''; and
(2) by adding at the end the following:
``(4) Definitions.--For the purposes of this subsection:
``(A) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy,
any energy resource--
``(i) that is essential to the energy sector and energy
systems of the United States; and
``(ii) the supply chain of which is vulnerable to
disruption.
``(B) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
SEC. 10011. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE
FACILITIES.
(a) In General.--The Administrator of the Environmental
Protection Agency shall, as necessary, revise regulations
under parts 70 and 71 of title 40, Code of Federal
Regulations, to--
(1) authorize the owner or operator of a critical energy
resource facility to utilize flexible air permitting (as
described in the final rule titled ``Operating Permit
Programs; Flexible Air Permitting Rule'' published by the
Environmental Protection Agency in the Federal Register on
October 6, 2009 (74 Fed. Reg. 51418)) with respect to such
critical energy resource facility; and
(2) facilitate flexible, market-responsive operations (as
described in the final rule identified in paragraph (1)) with
respect to critical energy resource facilities.
(b) Definitions.--In this section:
(1) Critical energy resource.--The term ``critical energy
resource'' means, as determined by the Secretary of Energy,
any energy resource--
(A) that is essential to the energy sector and energy
systems of the United States; and
(B) the supply chain of which is vulnerable to disruption.
(2) Critical energy resource facility.--The term ``critical
energy resource facility'' means a facility that processes or
refines a critical energy resource.
SEC. 10012. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO
PRODUCE CRITICAL ENERGY RESOURCES.
(a) Clean Air Act Requirements.--
(1) In general.--If the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or
another cause, the processing or refining of a critical
energy resource at a critical energy resource facility is
necessary to meet the national security or energy security
needs of the United States, then the Administrator may, with
or without notice, hearing, or other report, issue a
temporary waiver of any requirement under the Clean Air Act
(42 U.S.C. 7401 et seq.) with respect to such critical energy
resource facility that, in the judgment of the Administrator,
will allow for such processing or refining at such critical
energy resource facility as necessary to best meet such needs
and serve the public interest.
(2) Conflict with other environmental laws.--The
Administrator shall ensure that any waiver of a requirement
under the Clean Air Act under this subsection, to the maximum
extent practicable, does not result in a conflict with a
requirement of any other applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
(3) Violations of other environmental laws.--To the extent
any omission or action taken by a party under a waiver issued
under this subsection is in conflict with any requirement of
a Federal, State, or local environmental law or regulation,
such omission or action shall not be considered a violation
of such environmental law or regulation, or subject such
party to any requirement, civil or criminal liability, or a
citizen suit under such environmental law or regulation.
(4) Expiration and renewal of waivers.--A waiver issued
under this subsection shall expire not later than 90 days
after it is issued. The Administrator may renew or reissue
such waiver pursuant to paragraphs (1) and (2) for subsequent
periods, not to exceed 90 days for each period, as the
Administrator determines necessary to meet the national
security or energy security needs described in paragraph (1)
and serve the public interest. In renewing or reissuing a
waiver under this paragraph, the Administrator shall include
in any such renewed or reissued waiver such conditions as are
necessary to minimize any adverse environmental impacts to
the extent practicable.
(5) Subsequent action by court.--If a waiver issued under
this subsection is subsequently stayed, modified, or set
aside by a court pursuant a provision of law, any omission or
action previously taken by a party under the waiver while the
waiver was in effect shall remain subject to paragraph (3).
(6) Critical energy resource; critical energy resource
facility defined.--The terms ``critical energy resource'' and
``critical energy resource facility'' have the meanings given
such terms in section 3025(f) of the Solid Waste Disposal Act
(as added by this section).
(b) Solid Waste Disposal Act Requirements.--
(1) Hazardous waste management.--The Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) is amended by inserting after
section 3024 the following:
``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.
``(a) In General.--If the Administrator, in consultation
with the Secretary of Energy, determines that, by reason of a
sudden increase in demand for, or a shortage of, a critical
energy resource, or another cause, the processing or refining
of a critical energy resource at a critical energy resource
facility is necessary to meet the national security or energy
security needs of the United States, then the Administrator
may, with or without notice, hearing, or other report, issue
a temporary waiver of any covered requirement with respect to
such critical energy resource facility that, in the judgment
of the Administrator, will allow for such processing or
refining at such critical energy resource facility as
necessary to best meet such needs and serve the public
interest.
``(b) Conflict With Other Environmental Laws.--The
Administrator shall ensure that any waiver of a covered
requirement under this section, to the maximum extent
practicable, does not result in a conflict with a requirement
of any other applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
``(c) Violations of Other Environmental Laws.--To the
extent any omission or action taken by a party under a waiver
issued under this section is in conflict with any requirement
of a Federal, State, or local environmental law or
regulation, such omission or action shall not be considered a
violation of such environmental law or regulation, or subject
such party to any requirement, civil or criminal liability,
or a citizen suit under such environmental law or regulation.
``(d) Expiration and Renewal of Waivers.--A waiver issued
under this section
[[Page H1996]]
shall expire not later than 90 days after it is issued. The
Administrator may renew or reissue such waiver pursuant to
subsections (a) and (b) for subsequent periods, not to exceed
90 days for each period, as the Administrator determines
necessary to meet the national security or energy security
needs described in subsection (a) and serve the public
interest. In renewing or reissuing a waiver under this
subsection, the Administrator shall include in any such
renewed or reissued waiver such conditions as are necessary
to minimize any adverse environmental impacts to the extent
practicable.
``(e) Subsequent Action by Court.--If a waiver issued under
this section is subsequently stayed, modified, or set aside
by a court pursuant a provision of law, any omission or
action previously taken by a party under the waiver while the
waiver was in effect shall remain subject to subsection (c).
``(f) Definitions.--In this section:
``(1) Covered requirement.--The term `covered requirement'
means--
``(A) any standard established under section 3002, 3003, or
3004;
``(B) the permit requirement under section 3005; or
``(C) any other requirement of this Act, as the
Administrator determines appropriate.
``(2) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy,
any energy resource--
``(A) that is essential to the energy sector and energy
systems of the United States; and
``(B) the supply chain of which is vulnerable to
disruption.
``(3) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
(2) Table of contents.--The table of contents of the Solid
Waste Disposal Act is amended by inserting after the item
relating to section 3024 the following:
``Sec. 3025. Waivers for critical energy resource facilities.''.
SEC. 10013. NATURAL GAS TAX REPEAL.
(a) Repeal.--Section 136 of the Clean Air Act (42 U.S.C.
7436)(relating to methane emissions and waste reduction
incentive program for petroleum and natural gas systems) is
repealed.
(b) Rescission.--The unobligated balance of any amounts
made available under section 136 of the Clean Air Act (42
U.S.C. 7436)(as in effect on the day before the date of
enactment of this Act) is rescinded.
SEC. 10014. REPEAL OF GREENHOUSE GAS REDUCTION FUND.
(a) Repeal.--Section 134 of the Clean Air Act (42 U.S.C.
7434)(relating to the greenhouse gas reduction fund) is
repealed.
(b) Rescission.--The unobligated balance of any amounts
made available under section 134 of the Clean Air Act (42
U.S.C. 7434)(as in effect on the day before the date of
enactment of this Act) is rescinded.
(c) Conforming Amendment.--Section 60103 of Public Law 117-
169 (relating to the greenhouse gas reduction fund) is
repealed.
SEC. 10015. ENDING FUTURE DELAYS IN CHEMICAL SUBSTANCE REVIEW
FOR CRITICAL ENERGY RESOURCES.
Section 5(a) of the Toxic Substances Control Act (15 U.S.C.
2604(a)) is amended by adding at the end the following:
``(6) Critical energy resources.--
``(A) Standard.--For purposes of a determination under
paragraph (3) with respect to a chemical substance that is a
critical energy resource, the Administrator shall take into
consideration economic, societal, and environmental costs and
benefits, notwithstanding any requirement of this section to
not take such factors into consideration.
``(B) Failure to render determination.--
``(i) Actions authorized.--If, with respect to a chemical
substance that is a critical energy resource, the
Administrator fails to make a determination on a notice under
paragraph (3) by the end of the applicable review period and
the notice has not been withdrawn by the submitter, the
submitter may take the actions described in paragraph (1)(A)
with respect to the chemical substance, and the Administrator
shall be relieved of any requirement to make such
determination.
``(ii) Non-duplication.--A refund of applicable fees under
paragraph (4)(A) shall not be made if a submitter takes an
action described in paragraph (1)(A) under this subparagraph.
``(C) Prerequisite for suggestion of withdrawal or
suspension.--The Administrator may not suggest to, or request
of, a submitter of a notice under this subsection for a
chemical substance that is a critical energy resource that
such submitter withdraw such notice, or request a suspension
of the running of the applicable review period with respect
to such notice, unless the Administrator has--
``(i) conducted a preliminary review of such notice; and
``(ii) provided to the submitter a draft of a determination
under paragraph (3), including any supporting information.
``(D) Definition.--For purposes of this paragraph, the term
`critical energy resource' means, as determined by the
Secretary of Energy, any energy resource--
``(i) that is essential to the energy sector and energy
systems of the United States; and
``(ii) the supply chain of which is vulnerable to
disruption.''.
SEC. 10016. KEEPING AMERICA'S REFINERIES OPERATING.
(a) In General.--The owner or operator of a stationary
source described in subsection (b) of this section shall not
be required by the regulations promulgated under section
112(r)(7)(B) of the Clean Air Act (42 U.S.C. 7412(r)(7)(B))
to include in any hazard assessment under clause (ii) of such
section 112(r)(7)(B) an assessment of safer technology and
alternative risk management measures with respect to the use
of hydrofluoric acid in an alkylation unit.
(b) Stationary Source Described.--A stationary source
described in this subsection is a stationary source (as
defined in section 112(r)(2)(C) of the Clean Air Act (42
U.S.C. 7412(r)(2)(C)) in North American Industry
Classification System code 324--
(1) for which a construction permit or operating permit has
been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.); or
(2) for which the owner or operator demonstrates to the
Administrator of the Environmental Protection Agency that
such stationary source conforms or will conform to the most
recent version of American Petroleum Institute Recommended
Practice 751.
SEC. 10017. HOMEOWNER ENERGY FREEDOM.
(a) In General.--The following are repealed:
(1) Section 50122 of Public Law 117-169 (42 U.S.C. 18795a)
(relating to a high-efficiency electric home rebate program).
(2) Section 50123 of Public Law 117-169 (42 U.S.C. 18795b)
(relating to State-based home energy efficiency contractor
training grants).
(3) Section 50131 of Public Law 117-169 (136 Stat. 2041)
(relating to assistance for latest and zero building energy
code adoption).
(b) Rescissions.--The unobligated balances of any amounts
made available under each of sections 50122, 50123, and 50131
of Public Law 117-169 (42 U.S.C. 18795a, 18795b; 136 Stat.
2041) (as in effect on the day before the date of enactment
of this Act) are rescinded.
(c) Conforming Amendment.--Section 50121(c)(7) of Public
Law 117-169 (42 U.S.C. 18795(c)(7)) is amended by striking
``, including a rebate provided under a high-efficiency
electric home rebate program (as defined in section
50122(d)),''.
SEC. 10018. STUDY.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Energy, in consultation with the
Nuclear Regulatory Commission, shall conduct a study on how
to streamline regulatory timelines relating to developing new
power plants by examining practices relating to various power
generating sources, including fossil and nuclear generating
sources.
SEC. 10019. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.
(a) Amendments.--Section 1422(b) of the Safe Drinking Water
Act (42 U.S.C. 300h-1(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``Within ninety days'' and inserting ``(A)
Within ninety days'';
(B) by striking ``and after reasonable opportunity for
presentation of views''; and
(C) by adding at the end the following:
``(B) If, after 270 calendar days of a State's application
being submitted under paragraph (1)(A) or notice being
submitted under paragraph (1)(B), the Administrator has not,
pursuant to subparagraph (A), by rule approved, disapproved,
or approved in part and disapproved in part the State's
underground injection control program--
``(i) the Administrator shall transmit, in writing, to the
State a detailed explanation as to the status of the
application or notice; and
``(ii) the State's underground injection control program
shall be deemed approved under this section if--
``(I) the Administrator has not after another 30 days,
pursuant to subparagraph (A), by rule approved, disapproved,
or approved in part and disapproved in part the State's
underground injection control program; and
``(II) the State has established and implemented an
effective program (including adequate recordkeeping and
reporting) to prevent underground injection which endangers
drinking water sources.'';
(2) by amending paragraph (4) to read as follows:
``(4) Before promulgating any rule under paragraph (2) or
(3) of this subsection, the Administrator shall--
``(A) provide a reasonable opportunity for presentation of
views with respect to such rule, including a public hearing
and a public comment period; and
``(B) publish in the Federal Register notice of the
reasonable opportunity for presentation of views provided
under subparagraph (A).''; and
(3) by adding at the end the following:
``(5) Preapplication Activities.--The Administrator shall
work as expeditiously as possible with States to complete any
necessary activities relevant to the submission of an
application under paragraph (1)(A) or notice under paragraph
(1)(B), taking into consideration the need for a complete and
detailed submission.
``(6) Application Coordination for Class VI Wells.--With
respect to the underground injection control program for
Class VI wells (as defined in section 40306(a) of the
Infrastructure Investment and Jobs Act (42 U.S.C. 300h-
9(a))), the Administrator shall designate one individual at
the Agency from each regional office to be responsible for
coordinating--
``(A) the completion of any necessary activities prior to
the submission of an application under paragraph (1)(A) or
notice under paragraph (1)(B), in accordance with paragraph
(5);
[[Page H1997]]
``(B) the review of an application submitted under
paragraph (1)(A) or notice submitted under paragraph (1)(B);
``(C) any reasonable opportunity for presentation of views
provided under paragraph (4)(A) and any notice published
under paragraph (4)(B); and
``(D) pursuant to the recommendations included in the
report required under paragraph (7), the hiring of additional
staff to carry out subparagraphs (A) through (C).
``(7) Evaluation of Resources.--
``(A) In general.--Not later than 90 days after the date of
enactment of this paragraph, the individual designated under
paragraph (6) shall transmit to the appropriate Congressional
committees a report, including recommendations, regarding
the--
``(i) availability of staff and resources to promptly carry
out the requirements of paragraph (6); and
``(ii) additional funding amounts needed to do so.
``(B) Appropriate congressional committees defined.--In
this paragraph, the term `appropriate Congressional
Committees' means--
``(i) in the Senate--
``(I) the Committee on Environment and Public Works; and
``(II) the Committee on Appropriations; and
``(ii) in the House of Representatives--
``(I) the Committee on Energy and Commerce; and
``(II) the Committee on Appropriations.''.
(b) Funding.--In each of fiscal years 2023 through 2026,
amounts made available by title VI of division J of the
Infrastructure Investment and Jobs Act under paragraph (7) of
the heading ``Environmental Protection Agency--State and
Tribal Assistance Grants'' (Public Law 117-58; 135 Stat.
1402) may also be made available, subject to appropriations,
to carry out paragraphs (5), (6), and (7) of section 1422(b)
of the Safe Drinking Water Act, as added by this section.
(c) Rule of Construction.--The amendments made by this
section shall--
(1) apply to all applications submitted to the
Environmental Protection Agency after the date of enactment
of this Act to establish an underground injection control
program under section 1422(b) of the Safe Drinking Water Act
(42 U.S.C. 300h-1); and
(2) with respect to such applications submitted prior to
the date of enactment of this Act, the 270 and 300 day
deadlines under section 1422(b)(2)(B) of the Safe Drinking
Water Act, as added by this section, shall begin on the date
of enactment of this Act.
SEC. 10020. USE OF INDEX-BASED PRICING IN ACQUISITION OF
PETROLEUM PRODUCTS FOR THE SPR.
Section 160(c) of the Energy Policy and Conservation Act
(42 U.S.C. 6240(c)) is amended--
(1) by redesignating paragraphs (1) through (6) as clauses
(i) through (vi), respectively (and adjusting the margins
accordingly);
(2) by striking ``The Secretary shall'' and inserting the
following:
``(1) In general.--The Secretary shall''; and
(3) by striking ``Such procedures shall take into account
the need to--'' and inserting the following:
``(2) Inclusions.--Procedures developed under this
subsection shall--
``(A) require acquisition of petroleum products using
index-based pricing; and
``(B) take into account the need to--''.
SEC. 10021. PROHIBITION ON CERTAIN EXPORTS.
(a) In General.--The Energy Policy and Conservation Act is
amended by inserting after section 163 (42 U.S.C. 6243) the
following:
``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
``(a) In General.--The Secretary shall prohibit the export
or sale of petroleum products drawn down from the Strategic
Petroleum Reserve, under any provision of law, to--
``(1) the People's Republic of China;
``(2) the Democratic People's Republic of Korea;
``(3) the Russian Federation;
``(4) the Islamic Republic of Iran;
``(5) any other country the government of which is subject
to sanctions imposed by the United States; and
``(6) any entity owned, controlled, or influenced by--
``(A) a country referred to in any of paragraphs (1)
through (5); or
``(B) the Chinese Communist Party.
``(b) Waiver.--The Secretary may issue a waiver of the
prohibition described in subsection (a) if the Secretary
certifies that any export or sale authorized pursuant to the
waiver is in the national security interests of the United
States.
``(c) Rule.--Not later than 60 days after the date of
enactment of the Lower Energy Costs Act, the Secretary shall
issue a rule to carry out this section.''.
(b) Conforming Amendments.--
(1) Drawdown and sale of petroleum products.--Section
161(a) of the Energy Policy and Conservation Act (42 U.S.C.
6241(a)) is amended by inserting ``and section 164'' before
the period at the end.
(2) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 163 the following:
``Sec. 164. Prohibition on certain exports.''.
SEC. 10022. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE
PROPOSED TAX HIKES ON THE OIL AND NATURAL GAS
INDUSTRY IN THE PRESIDENT'S FISCAL YEAR 2024
BUDGET REQUEST.
(a) Finding.--Congress finds that President Biden's fiscal
year 2024 budget request proposes to repeal tax provisions
that are vital to the oil and natural gas industry of the
United States, resulting in a $31,000,000,000 tax hike on oil
and natural gas producers in the United States.
(b) Sense of Congress.--It is the sense of Congress that
Congress disapproves of the proposed tax hike on the oil and
natural gas industry in the President's fiscal year 2024
budget request.
SEC. 10023. DOMESTIC ENERGY INDEPENDENCE REPORT.
Not later than 120 days after the date of enactment of this
Act, the Administrator of the Environmental Protection
Agency, in consultation with the Secretary of Energy, shall
submit to Congress a report that identifies and assesses
regulations promulgated by the Administrator during the 15-
year period preceding the date of enactment of this Act that
have--
(1) reduced the energy independence of the United States;
(2) increased the regulatory burden for energy producers in
the United States;
(3) decreased the energy output by such energy producers;
(4) reduced the energy security of the United States; or
(5) increased energy costs for consumers in the United
States.
SEC. 10024. GAO STUDY.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study on how banning natural gas appliances will
affect the rates and charges for electricity.
SEC. 10025. GAS KITCHEN RANGES AND OVENS.
The Secretary of Energy may not finalize, implement,
administer, or enforce the proposed rule titled ``Energy
Conservation Program: Energy Conservation Standards for
Consumer Conventional Cooking Products; Supplemental notice
of proposed rulemaking and announcement of public meeting''
(88 Fed. Reg. 6818; published February 1, 2023) with respect
to energy conservation standards for gas kitchen ranges and
ovens, or any substantially similar rule, including any rule
that would directly or indirectly limit consumer access to
gas kitchen ranges and ovens.
TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
SEC. 20001. SHORT TITLE.
This title may be cited as the ``Transparency,
Accountability, Permitting, and Production of American
Resources Act'' or the ``TAPP American Resources Act''.
Subtitle A--Onshore and Offshore Leasing and Oversight
SEC. 20101. ONSHORE OIL AND GAS LEASING.
(a) Requirement To Immediately Resume Onshore Oil and Gas
Lease Sales.--
(1) In general.--The Secretary of the Interior shall
immediately resume quarterly onshore oil and gas lease sales
in compliance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(2) Requirement.--The Secretary of the Interior shall
ensure--
(A) that any oil and gas lease sale pursuant to paragraph
(1) is conducted immediately on completion of all applicable
scoping, public comment, and environmental analysis
requirements under the Mineral Leasing Act (30 U.S.C. 181 et
seq.) and the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) that the processes described in subparagraph (A) are
conducted in a timely manner to ensure compliance with
subsection (b)(1).
(3) Lease of oil and gas lands.--Section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by
inserting ``Eligible lands comprise all lands subject to
leasing under this Act and not excluded from leasing by a
statutory or regulatory prohibition. Available lands are
those lands that have been designated as open for leasing
under a land use plan developed under section 202 of the
Federal Land Policy and Management Act of 1976 and that have
been nominated for leasing through the submission of an
expression of interest, are subject to drainage in the
absence of leasing, or are otherwise designated as available
pursuant to regulations adopted by the Secretary.'' after
``sales are necessary.''.
(b) Quarterly Lease Sales.--
(1) In general.--In accordance with the Mineral Leasing Act
(30 U.S.C. 181 et seq.), each fiscal year, the Secretary of
the Interior shall conduct a minimum of four oil and gas
lease sales in each of the following States:
(A) Wyoming.
(B) New Mexico.
(C) Colorado.
(D) Utah.
(E) Montana.
(F) North Dakota.
(G) Oklahoma.
(H) Nevada.
(I) Alaska.
(J) Any other State in which there is land available for
oil and gas leasing under the Mineral Leasing Act (30 U.S.C.
181 et seq.) or any other mineral leasing law.
(2) Requirement.--In conducting a lease sale under
paragraph (1) in a State described in that paragraph, the
Secretary of the Interior shall offer all parcels nominated
and eligible pursuant to the requirements of the Mineral
Leasing Act (30 U.S.C. 181 et seq.) for
[[Page H1998]]
oil and gas exploration, development, and production under
the resource management plan in effect for the State.
(3) Replacement sales.--The Secretary of the Interior shall
conduct a replacement sale during the same fiscal year if--
(A) a lease sale under paragraph (1) is canceled, delayed,
or deferred, including for a lack of eligible parcels; or
(B) during a lease sale under paragraph (1) the percentage
of acreage that does not receive a bid is equal to or greater
than 25 percent of the acreage offered.
(4) Notice regarding missed sales.--Not later than 30 days
after a sale required under this subsection is canceled,
delayed, deferred, or otherwise missed the Secretary of the
Interior shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that states what
sale was missed and why it was missed.
SEC. 20102. LEASE REINSTATEMENT.
The reinstatement of a lease entered into under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Geothermal Steam
Act of 1970 (30 U.S.C. 1001 et seq.) by the Secretary shall
be not considered a major Federal action under section
102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)).
SEC. 20103. PROTESTED LEASE SALES.
Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)) is amended by inserting ``The Secretary shall
resolve any protest to a lease sale not later than 60 days
after such payment.'' after ``annual rental for the first
lease year.''.
SEC. 20104. SUSPENSION OF OPERATIONS.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is
amended by adding at the end the following:
``(r) Suspension of Operations Permits.--In the event that
an oil and gas lease owner has submitted an expression of
interest for adjacent acreage that is part of the nature of
the geological play and has yet to be offered in a lease sale
by the Secretary, they may request a suspension of operations
from the Secretary of the Interior and upon request, the
Secretary shall grant the suspension of operations within 15
days. Any payment of acreage rental or of minimum royalty
prescribed by such lease likewise shall be suspended during
such period of suspension of operations and production; and
the term of such lease shall be extended by adding any such
suspension period thereto.''.
SEC. 20105. ADMINISTRATIVE PROTEST PROCESS REFORM.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is
further amended by adding at the end the following:
``(s) Protest Filing Fee.--
``(1) In general.--Before processing any protest filed
under this section, the Secretary shall collect a filing fee
in the amount described in paragraph (2) from the protestor
to recover the cost for processing documents filed for each
administrative protest.
``(2) Amount.--The amount described in this paragraph is
calculated as follows:
``(A) For each protest filed in a submission not exceeding
10 pages in length, the base filing fee shall be $150.
``(B) For each submission exceeding 10 pages in length, in
addition to the base filing fee, an assessment of $5 per page
in excess of 10 pages shall apply.
``(C) For protests that include more than one oil and gas
lease parcel, right-of-way, or application for permit to
drill in a submission, an additional assessment of $10 per
additional lease parcel, right-of-way, or application for
permit to drill shall apply.
``(3) Adjustment.--
``(A) In general.--Beginning on January 1, 2024, and
annually thereafter, the Secretary shall adjust the filing
fees established in this subsection to whole dollar amounts
to reflect changes in the Producer Price Index, as published
by the Bureau of Labor Statistics, for the previous 12
months.
``(B) Publication of adjusted filing fees.--At least 30
days before the filing fees as adjusted under this paragraph
take effect, the Secretary shall publish notification of the
adjustment of such fees in the Federal Register.''.
SEC. 20106. LEASING AND PERMITTING TRANSPARENCY.
(a) Report.--Not later than 30 days after the date of the
enactment of this section, and annually thereafter, the
Secretary of the Interior shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the status of nominated parcels for future onshore oil
and gas and geothermal lease sales, including--
(A) the number of expressions of interest received each
month during the period of 365 days that ends on the date on
which the report is submitted with respect to which the
Bureau of Land Management--
(i) has not taken any action to review;
(ii) has not completed review; or
(iii) has completed review and determined that the relevant
area meets all applicable requirements for leasing, but has
not offered the relevant area in a lease sale;
(B) how long expressions of interest described in
subparagraph (A) have been pending; and
(C) a plan, including timelines, for how the Secretary of
the Interior plans to--
(i) work through future expressions of interest to prevent
delays;
(ii) put expressions of interest described in subparagraph
(A) into a lease sale; and
(iii) complete review for expressions of interest described
in clauses (i) and (ii) of subparagraph (A);
(2) the status of each pending application for permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number
of applications received each month, by each Bureau of Land
Management office, including--
(A) a description of the cause of delay for pending
applications, including as a result of staffing shortages,
technical limitations, incomplete applications, and
incomplete review pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other
applicable laws;
(B) the number of days an application has been pending in
violation of section 17(p)(2) of the Mineral Leasing Act (30
U.S.C. 226(p)(2)); and
(C) a plan for how the office intends to come into
compliance with the requirements of section 17(p)(2) of the
Mineral Leasing Act (30 U.S.C. 226(p)(2));
(3) the number of permits to drill issued each month by
each Bureau of Land Management office during the 5-year
period ending on the date on which the report is submitted;
(4) the status of each pending application for a license
for offshore geological and geophysical surveys received
during the period of 365 days that ends on the date on which
the report is submitted, including the number of applications
received each month, by each Bureau of Ocean Energy
management regional office, including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing shortages,
technical limitations, incomplete applications, and
incomplete review pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other
applicable laws;
(B) the number of days an application has been pending; and
(C) a plan for how the Bureau of Ocean Energy Management
intends to complete review of each application;
(5) the number of licenses for offshore geological and
geophysical surveys issued each month by each Bureau of Ocean
Energy Management regional office during the 5-year period
ending on the date on which the report is submitted;
(6) the status of each pending application for a permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number
of applications received each month, by each Bureau of Safety
and Environmental Enforcement regional office, including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing shortages,
technical limitations, incomplete applications, and
incomplete review pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other
applicable laws;
(B) the number of days an application has been pending; and
(C) steps the Bureau of Safety and Environmental
Enforcement is taking to complete review of each application;
(7) the number of permits to drill issued each month by
each Bureau of Safety and Environmental Enforcement regional
office during the period of 365 days that ends on the date on
which the report is submitted;
(8) how, as applicable, the Bureau of Land Management, the
Bureau of Ocean Energy Management, and the Bureau of Safety
and Environmental Enforcement determines whether to--
(A) issue a license for geological and geophysical surveys;
(B) issue a permit to drill; and
(C) issue, extend, or suspend an oil and gas lease;
(9) when determinations described in paragraph (8) are sent
to the national office of the Bureau of Land Management, the
Bureau of Ocean Energy Management, or the Bureau of Safety
and Environmental Enforcement for final approval;
(10) the degree to which Bureau of Land Management, Bureau
of Ocean Energy Management, and Bureau of Safety and
Environmental Enforcement field, State, and regional offices
exercise discretion on such final approval;
(11) during the period of 365 days that ends on the date on
which the report is submitted, the number of auctioned leases
receiving accepted bids that have not been issued to winning
bidders and the number of days such leases have not been
issued; and
(12) a description of the uses of application for permit to
drill fees paid by permit holders during the 5-year period
ending on the date on which the report is submitted.
(b) Pending Applications for Permits To Drill.--Not later
than 30 days after the date of the enactment of this section,
the Secretary of the Interior shall--
(1) complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other applicable law that must be met before issuance of a
permit to drill described in paragraph (2); and
(2) issue a permit for all completed applications to drill
that are pending on the date of the enactment of this Act.
(c) Public Availability of Data.--
(1) Mineral leasing act.--Section 17 of the Mineral Leasing
Act (30 U.S.C. 226) is further amended by adding at the end
the following:
``(t) Public Availability of Data.--
[[Page H1999]]
``(1) Expressions of interest.--Not later than 30 days
after the date of the enactment of this subsection, and each
month thereafter, the Secretary shall publish on the website
of the Department of the Interior the number of pending,
approved, and not approved expressions of interest in
nominated parcels for future onshore oil and gas lease sales
in the preceding month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of the enactment of this subsection, and
each month thereafter, the Secretary shall publish on the
website of the Department of the Interior the number of
pending and approved applications for permits to drill in the
preceding month in each State office.
``(3) Past data.--Not later than 30 days after the date of
the enactment of this subsection, the Secretary shall publish
on the website of the Department of the Interior, with
respect to each month during the 5-year period ending on the
date of the enactment of this subsection--
``(A) the number of approved and not approved expressions
of interest for onshore oil and gas lease sales during such
5-year period; and
``(B) the number of approved and not approved applications
for permits to drill during such 5-year period.''.
(2) Outer continental shelf lands act.--Section 8 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended
by adding at the end the following:
``(q) Public Availability of Data.--
``(1) Offshore geological and geophysical survey
licenses.--Not later than 30 days after the date of the
enactment of this subsection, and each month thereafter, the
Secretary shall publish on the website of the Department of
the Interior the number of pending and approved applications
for licenses for offshore geological and geophysical surveys
in the preceding month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of the enactment of this subsection, and
each month thereafter, the Secretary shall publish on the
website of the Department of the Interior the number of
pending and approved applications for permits to drill on the
outer Continental Shelf in the preceding month in each
regional office.
``(3) Past data.--Not later than 30 days after the date of
the enactment of this subsection, the Secretary shall publish
on the website of the Department of the Interior, with
respect each month during the 5-year period ending on the
date of the enactment of this subsection--
``(A) the number of approved applications for licenses for
offshore geological and geophysical surveys; and
``(B) the number of approved applications for permits to
drill on the outer Continental Shelf.''.
(d) Requirement To Submit Documents and Communications.--
(1) In general.--Not later than 60 days after the date of
the enactment of this section, the Secretary of the Interior
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives all documents and communications
relating to the comprehensive review of Federal oil and gas
permitting and leasing practices required under section 208
of Executive Order No. 14008 (86 Fed. Reg. 7624; relating to
tackling the climate crisis at home and abroad).
(2) Inclusions.--The submission under paragraph (1) shall
include all documents and communications submitted to the
Secretary of the Interior by members of the public in
response to any public meeting or forum relating to the
comprehensive review described in that paragraph.
SEC. 20107. OFFSHORE OIL AND GAS LEASING.
(a) In General.--The Secretary shall conduct all lease
sales described in the 2017-2022 Outer Continental Shelf Oil
and Gas Leasing Proposed Final Program (November 2016) that
have not been conducted as of the date of the enactment of
this Act by not later than September 30, 2023.
(b) Gulf of Mexico Region Annual Lease Sales.--
Notwithstanding any other provision of law, and except within
areas subject to existing oil and gas leasing moratoria
beginning in fiscal year 2023, the Secretary of the Interior
shall annually conduct a minimum of 2 region-wide oil and gas
lease sales in the following planning areas of the Gulf of
Mexico region, as described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016):
(1) The Central Gulf of Mexico Planning Area.
(2) The Western Gulf of Mexico Planning Area.
(c) Alaska Region Annual Lease Sales.--Notwithstanding any
other provision of law, beginning in fiscal year 2023, the
Secretary of the Interior shall annually conduct a minimum of
2 region-wide oil and gas lease sales in the Alaska region of
the Outer Continental Shelf, as described in the 2017-2022
Outer Continental Shelf Oil and Gas Leasing Proposed Final
Program (November 2016).
(d) Requirements.--In conducting lease sales under
subsections (b) and (c), the Secretary of the Interior
shall--
(1) issue such leases in accordance with the Outer
Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
(2) include in each such lease sale all unleased areas that
are not subject to a moratorium as of the date of the lease
sale.
SEC. 20108. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.
Section 18 of the Outer Continental Shelf Lands Act (43
U.S.C. 1344) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (c) and (d) of this section,
shall prepare and periodically revise,'' and inserting ``this
section, shall issue every five years'';
(B) by adding at the end the following:
``(5) Each five-year program shall include at least two
Gulf of Mexico region-wide lease sales per year.''; and
(C) in paragraph (3), by inserting ``domestic energy
security,'' after ``between'';
(2) by redesignating subsections (f) through (i) as
subsections (h) through (k), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Five-Year Program for 2023-2028.--The Secretary shall
issue the five-year oil and gas leasing program for 2023
through 2028 and issue the Record of Decision on the Final
Programmatic Environmental Impact Statement by not later than
July 1, 2023.
``(g) Subsequent Leasing Programs.--
``(1) In general.--Not later than 36 months after
conducting the first lease sale under an oil and gas leasing
program prepared pursuant to this section, the Secretary
shall begin preparing the subsequent oil and gas leasing
program under this section.
``(2) Requirement.--Each subsequent oil and gas leasing
program under this section shall be approved by not later
than 180 days before the expiration of the previous oil and
gas leasing program.''.
SEC. 20109. GEOTHERMAL LEASING.
(a) Annual Leasing.--Section 4(b) of the Geothermal Steam
Act of 1970 (30 U.S.C. 1003(b)) is amended--
(1) in paragraph (2), by striking ``2 years'' and inserting
``year'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(3) after paragraph (2), by inserting the following:
``(3) Replacement sales.--If a lease sale under paragraph
(1) for a year is canceled or delayed, the Secretary of the
Interior shall conduct a replacement sale during the same
year.
``(4) Requirement.--In conducting a lease sale under
paragraph (2) in a State described in that paragraph, the
Secretary of the Interior shall offer all nominated parcels
eligible for geothermal development and utilization under the
resource management plan in effect for the State.''.
(b) Deadlines for Consideration of Geothermal Drilling
Permits.--Section 4 of the Geothermal Steam Act of 1970 (30
U.S.C. 1003) is amended by adding at the end the following:
``(h) Deadlines for Consideration of Geothermal Drilling
Permits.--
``(1) Notice.--Not later than 30 days after the date on
which the Secretary receives an application for any
geothermal drilling permit, the Secretary shall--
``(A) provide written notice to the applicant that the
application is complete; or
``(B) notify the applicant that information is missing and
specify any information that is required to be submitted for
the application to be complete.
``(2) Issuance of decision.--If the Secretary determines
that an application for a geothermal drilling permit is
complete under paragraph (1)(A), the Secretary shall issue a
final decision on the application not later than 30 days
after the Secretary notifies the applicant that the
application is complete.''.
SEC. 20110. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.
(a) Definitions.--In this section:
(1) Coal lease.--The term ``coal lease'' means a lease
entered into by the United States as lessor, through the
Bureau of Land Management, and the applicant on Bureau of
Land Management Form 3400-012.
(2) Qualified application.--The term ``qualified
application'' means any application pending under the lease
by application program administered by the Bureau of Land
Management pursuant to the Mineral Leasing Act (30 U.S.C. 181
et seq.) and subpart 3425 of title 43, Code of Federal
Regulations (as in effect on the date of the enactment of
this Act), for which the environmental review process under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) has commenced.
(b) Mandatory Leasing and Other Required Approvals.--As
soon as practicable after the date of the enactment of this
Act, the Secretary shall promptly--
(1) with respect to each qualified application--
(A) if not previously published for public comment, publish
a draft environmental assessment, as required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any applicable implementing regulations;
(B) finalize the fair market value of the coal tract for
which a lease by application is pending;
(C) take all intermediate actions necessary to grant the
qualified application; and
(D) grant the qualified application; and
(2) with respect to previously awarded coal leases, grant
any additional approvals of the Department of the Interior or
any bureau, agency, or division of the Department of the
Interior required for mining activities to commence.
SEC. 20111. FUTURE COAL LEASING.
Notwithstanding any judicial decision to the contrary or a
departmental review of the
[[Page H2000]]
Federal coal leasing program, Secretarial Order 3338, issued
by the Secretary of the Interior on January 15, 2016, shall
have no force or effect.
SEC. 20112. STAFF PLANNING REPORT.
The Secretary of the Interior and the Secretary of
Agriculture shall each annually submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report on the staffing capacity of each respective agency
with respect to issuing oil, gas, hardrock mining, coal, and
renewable energy leases, rights-of-way, claims, easements,
and permits. Each such report shall include--
(1) the number of staff assigned to process and issue oil,
gas, hardrock mining, coal, and renewable energy leases,
rights-of-way, claims, easements, and permits;
(2) a description of how many staff are needed to meet
statutory requirements for such oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims,
easements, and permits; and
(3) how, as applicable, the Department of the Interior or
the Department of Agriculture plans to address technological
needs and staffing shortfalls and turnover to ensure adequate
staffing to process and issue such oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims,
easements, and permits.
SEC. 20113. PROHIBITION ON CHINESE COMMUNIST PARTY OWNERSHIP
INTEREST.
Notwithstanding any other provision of law, the Communist
Party of China (or a person acting on behalf of the Community
Party of China), any entity subject to the jurisdiction of
the Government of the People's Republic of China, or any
entity that is owned by the Government of the People's
Republic of China, may not acquire any interest with respect
to lands leased for oil or gas under the Mineral Leasing Act
(30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) or American farmland or any
lands used for American renewable energy production, or
acquire claims subject to the General Mining Law of 1872.
SEC. 20114. EFFECT ON OTHER LAW.
Nothing in this title, or any amendments made by this
title, shall affect--
(1) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 8, 2020;
(2) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 25, 2020;
(3) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas off the Atlantic Coast on the
Outer Continental Shelf From Leasing Disposition'' and dated
December 20, 2016; or
(4) the ban on oil and gas development in the Great Lakes
described in section 386 of the Energy Policy Act of 2005 (42
U.S.C. 15941).
SEC. 20115. REQUIREMENT FOR GAO REPORT ON WIND ENERGY
IMPACTS.
The Secretary of the Interior shall not publish a notice
for a wind lease sale or hold a lease sale for wind energy
development in the Eastern Gulf of Mexico Planning Area, the
South Atlantic Planning Area, or the Straits of Florida
Planning Area (as described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016)) until the Comptroller General of the United
States publishes a report on all potential adverse effects of
wind energy development in such areas, including associated
infrastructure and vessel traffic, on--
(1) military readiness and training activities in the
Planning Areas described in this section, including
activities within or related to the Eglin Test and Training
Complex and the Jacksonville Range Complex;
(2) marine environment and ecology, including species
listed as endangered or threatened under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or designated as
depleted under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) in the Planning Areas described in this
section; and
(3) tourism, including the economic impacts that a decrease
in tourism may have on the communities adjacent to the
Planning Areas described in this section.
SEC. 20116. SENSE OF CONGRESS ON WIND ENERGY DEVELOPMENT
SUPPLY CHAIN.
It is the sense of Congress that--
(1) wind energy development on Federal lands and waters is
a burgeoning industry in the United States;
(2) major components of wind infrastructure, including
turbines, are imported in large quantities from other
countries including countries that are national security
threats, such as the Government of the People's Republic of
China;
(3) it is in the best interest of the United States to
foster and support domestic supply chains across sectors to
promote American energy independence;
(4) the economic and manufacturing opportunities presented
by wind turbine construction and component manufacturing
should be met by American workers and materials that are
sourced domestically to the greatest extent practicable; and
(5) infrastructure for wind energy development in the
United States should be constructed with materials produced
and manufactured in the United States.
SEC. 20117. SENSE OF CONGRESS ON OIL AND GAS ROYALTY RATES.
It is the sense of Congress that the royalty rate for
onshore Federal oil and gas leases should be not more than
12.5 percent in amount or value of the production removed or
sold from the lease.
SEC. 20118. OFFSHORE WIND ENVIRONMENTAL REVIEW PROCESS STUDY.
(a) In General.--Not later than 60 days after the date of
the enactment of this section, the Comptroller General shall
conduct a study to assess the sufficiency of the
environmental review processes for offshore wind projects in
place as of the date of the enactment of this section of the
National Marine Fisheries Service, the Bureau of Ocean Energy
Management, and any other relevant Federal agency.
(b) Contents.--The study required under subsection (a)
shall include consideration of the following:
(1) The impacts of offshore wind projects on--
(A) whales, finfish, and other marine mammals;
(B) benthic resources;
(C) commercial and recreational fishing;
(D) air quality;
(E) cultural, historical, and archaeological resources;
(F) invertebrates;
(G) essential fish habitat;
(H) military use and navigation and vessel traffic;
(I) recreation and tourism; and
(J) the sustainability of shoreline beaches and inlets.
(2) The impacts of hurricanes and other severe weather on
offshore wind projects.
(3) How the agencies described in subsection (a) determine
which stakeholders are consulted and if a timely,
comprehensive comment period is provided for local
representatives and other interested parties.
(4) The estimated cost and who pays for offshore wind
projects.
SEC. 20119. GAO REPORT ON WIND ENERGY IMPACTS.
The Comptroller General of the United States shall publish
a report on all potential adverse effects of wind energy
development in the North Atlantic Planning Area (as described
in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016)), including associated
infrastructure and vessel traffic, on--
(1) maritime safety, including the operation of radar
systems;
(2) economic impacts related to commercial fishing
activities; and
(3) marine environment and ecology, including species
listed as endangered or threatened under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or designated as
depleted under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) in the North Atlantic Planning Area.
Subtitle B--Permitting Streamlining
SEC. 20201. DEFINITIONS.
In this subtitle:
(1) Energy facility.--The term ``energy facility'' means a
facility the primary purpose of which is the exploration for,
or the development, production, conversion, gathering,
storage, transfer, processing, or transportation of, any
energy resource.
(2) Energy storage device.--The term ``energy storage
device''--
(A) means any equipment that stores energy, including
electricity, compressed air, pumped water, heat, and
hydrogen, which may be converted into, or used to produce,
electricity; and
(B) includes a battery, regenerative fuel cell, flywheel,
capacitor, superconducting magnet, and any other equipment
the Secretary concerned determines may be used to store
energy which may be converted into, or used to produce,
electricity.
(3) Public lands.--The term ``public lands'' means any land
and interest in land owned by the United States within the
several States and administered by the Secretary of the
Interior or the Secretary of Agriculture without regard to
how the United States acquired ownership, except--
(A) lands located on the Outer Continental Shelf; and
(B) lands held in trust by the United States for the
benefit of Indians, Indian Tribes, Aleuts, and Eskimos.
(4) Right-of-way.--The term ``right-of-way'' means--
(A) a right-of-way issued, granted, or renewed under
section 501 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1761); or
(B) a right-of-way granted under section 28 of the Mineral
Leasing Act (30 U.S.C. 185).
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to public lands, the Secretary of the
Interior; and
(B) with respect to National Forest System lands, the
Secretary of Agriculture.
(6) Land use plan.--The term ``land use plan'' means--
(A) a land and resource management plan prepared by the
Forest Service for a unit of the National Forest System
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604);
(B) a Land Management Plan developed by the Bureau of Land
Management under the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.); or
[[Page H2001]]
(C) a comprehensive conservation plan developed by the
United States Fish and Wildlife Service under section
4(e)(1)(A) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(e)(1)(A)).
SEC. 20202. 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 as provided by other provisions of law,''
before ``include in every'';
(B) by striking clauses (i) through (v) and inserting the
following:
``(i) reasonably foreseeable environmental effects with a
reasonably close causal relationship to the proposed agency
action;
``(ii) any reasonably foreseeable adverse environmental
effects which cannot be avoided should the proposal be
implemented;
``(iii) a reasonable number 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, are within the
jurisdiction of the agency, meet the purpose and need of the
proposal, and, where applicable, meet the goals of the
applicant;
``(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 (F) through (K), 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 existing data and resources in
carrying out this Act;'';
(7) by amending subparagraph (G), as redesignated, to read
as follows:
``(G) consistent with the provisions of this Act, study,
develop, and describe technically and economically feasible
alternatives within the jurisdiction and authority of the
agency;''; and
(8) in subparagraph (H), 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:
``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.
``(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 covered by a
categorical exclusion established by the agency, another
Federal agency, or another provision of law;
``(3) the preparation of such document would clearly and
fundamentally conflict with the requirements of another
provision of law;
``(4) the proposed agency action is, in whole or in part, 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;
``(5) the proposed agency action is a rulemaking that is
subject to section 553 of title 5, United States Code; or
``(6) the proposed agency action is an action for which
such agency's compliance with another statute's requirements
serve the same or similar function as the requirements of
this Act with respect to such action.
``(b) Levels of Review.--
``(1) Environmental impact statement.--An agency shall
issue an environmental impact statement with respect to a
proposed agency action that has a significant effect on the
quality of the human environment.
``(2) Environmental assessment.--An agency shall prepare an
environmental assessment with respect to a proposed agency
action that is not likely to have a significant effect on the
quality of the human environment, or if the significance of
such effect is unknown, unless the agency finds that a
categorical exclusion established by the agency, another
Federal agency, or another provision of law applies. Such
environmental assessment shall be a concise public document
prepared by a Federal agency to set forth the basis of such
agency's finding of no significant impact.
``(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.
``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.
``(a) Lead Agency.--
``(1) Designation.--
``(A) In general.--If there are two or more involved
Federal agencies, such agencies shall determine, by letter or
memorandum, which agency shall be the lead agency based on
consideration of the following factors:
``(i) Magnitude of agency's involvement.
``(ii) Project approval or disapproval authority.
``(iii) Expertise concerning the action's environmental
effects.
``(iv) Duration of agency's involvement.
``(v) Sequence of agency's involvement.
``(B) Joint lead agencies.--In making a determination under
subparagraph (A), the involved Federal agencies may, in
addition to a Federal agency, appoint such Federal, 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).
``(C) Mineral projects.--This paragraph shall not apply
with respect to a mineral exploration or mine permit.
``(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 involved 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 with jurisdiction by law or a cooperating
agency with special expertise;
``(D) develop a schedule, in consultation with each
involved cooperating agency, the applicant, and such other
entities as the lead agency determines appropriate, for
completion of any environmental review, permit, or
authorization required to carry out the proposed agency
action;
``(E) if the lead agency determines that a review, permit,
or authorization will not be completed in accordance with the
schedule developed under subparagraph (D), notify the agency
responsible for issuing such review, permit, or authorization
of the discrepancy and request that such agency take such
measures as such agency determines appropriate to comply with
such schedule; and
``(F) meet with a cooperating agency that requests such a
meeting.
``(3) Cooperating agency.--The lead agency may, with
respect to a proposed agency action, designate any involved
Federal agency or a State, Tribal, or local agency as a
cooperating agency. A cooperating agency may, not later than
a date specified by the lead agency, submit comments to the
lead agency. Such comments shall be limited to matters
relating to the proposed agency action with respect to which
such agency has special expertise or jurisdiction by law with
respect to an environmental issue.
``(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 an involved Federal
agency. An agency that receives a request under this
paragraph shall transmit such request to each involved
Federal agency and to the Council.
``(5) Council designation.--
``(A) Request.--Not earlier than 45 days after the date on
which a request is submitted under paragraph (4), if no
designation has been made under paragraph (1), a Federal,
State, Tribal, or local agency or person that is
substantially affected by the lack of 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 involved
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 involved Federal
agency.
``(C) Response.--An involved 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.--
``(1) Document.--To the extent practicable, if there are 2
or more involved Federal agencies with respect to a proposed
agency action and the lead agency has determined that an
environmental document is required, such requirement shall be
deemed satisfied with respect to all involved Federal
agencies if the lead agency issues such an environmental
document.
``(2) Consideration timing.--In developing an environmental
document for a proposed agency action, no involved Federal
agency shall be required to consider any information that
becomes available after the sooner of, as applicable--
``(A) receipt of a complete application with respect to
such proposed agency action; or
[[Page H2002]]
``(B) publication of a notice of intent or decision to
prepare an environmental impact statement for such proposed
agency action.
``(3) Scope of review.--In developing an environmental
document for a proposed agency action, the lead agency and
any other involved Federal agencies shall only consider the
effects of the proposed agency action that--
``(A) occur on Federal land; or
``(B) are subject to Federal control and responsibility.
``(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
impact statement shall include a statement of purpose and
need that briefly summarizes the underlying purpose and need
for the proposed agency action.
``(e) Estimated Total Cost.--The cover sheet for each
environmental impact statement shall include a statement of
the estimated total cost of preparing such environmental
impact statement, including the costs of agency full-time
equivalent personnel hours, contractor costs, and other
direct costs.
``(f) Page Limits.--
``(1) Environmental impact statements.--
``(A) In general.--Except as provided in subparagraph (B),
an environmental impact statement shall not exceed 150 pages,
not including any citations or appendices.
``(B) Extraordinary complexity.--An environmental impact
statement for a proposed agency action of extraordinary
complexity shall not exceed 300 pages, not including any
citations or appendices.
``(2) Environmental assessments.--An environmental
assessment shall not exceed 75 pages, not including any
citations or appendices.
``(g) Sponsor Preparation.--A lead agency shall allow a
project sponsor to prepare an environmental assessment or an
environmental impact statement upon request of the project
sponsor. Such agency may provide such sponsor with
appropriate guidance and assist in the preparation. The lead
agency shall independently evaluate the environmental
document and shall take responsibility for the contents upon
adoption.
``(h) Deadlines.--
``(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 statement 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.
``(2) Delay.--A lead agency that determines it is not able
to meet the deadline described in paragraph (1) may extend
such deadline with the approval of the applicant. If the
applicant approves such an extension, the lead agency shall
establish a new deadline that provides only so much
additional time as is necessary to complete such
environmental impact statement or environmental assessment.
``(3) Expenditures for delay.--If a lead agency is unable
to meet the deadline described in paragraph (1) or extended
under paragraph (2), the lead agency must pay $100 per day,
to the extent funding is provided in advance in an
appropriations Act, out of the office of the head of the
department of the lead agency to the applicant starting on
the first day immediately following the deadline described in
paragraph (1) or extended under paragraph (2) up until the
date that an applicant approves a new deadline. This
paragraph does not apply when the lead agency misses a
deadline solely due to delays caused by litigation.
``(i) 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 Environment 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 (h); 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 statement;
``(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 environmental impact
statement for the major Federal action; and
``(C) when such environmental assessment and environmental
impact statement is expected to be complete.
``SEC. 108. JUDICIAL REVIEW.
``(a) Limitations on Claims.--Notwithstanding any other
provision of law, a claim arising under Federal law seeking
judicial review of compliance with this Act, of a
determination made under this Act, or of Federal action
resulting from a determination made under this Act, shall be
barred unless--
``(1) in the case of a claim pertaining to a proposed
agency action for which--
``(A) an environmental document was prepared and an
opportunity for comment was provided;
``(B) the claim is filed by a party that participated in
the administrative proceedings regarding such environmental
document; and
``(C) the claim--
``(i) is filed by a party that submitted a comment during
the public comment period for such administrative proceedings
and such comment was sufficiently detailed to put the lead
agency on notice of the issue upon which the party seeks
judicial review; and
``(ii) is related to such comment;
``(2) except as provided in subsection (b), such claim is
filed not later than 120 days after the date of publication
of a notice in the Federal Register of agency intent to carry
out the proposed agency action;
``(3) such claim is filed after the issuance of a record of
decision or other final agency action with respect to the
relevant proposed agency action;
``(4) such claim does not challenge the establishment or
use of a categorical exclusion under section 102; and
``(5) such claim concerns--
``(A) an alternative included in the environmental
document; or
``(B) an environmental effect considered in the
environmental document.
``(b) Supplemental Environmental Impact Statement.--
``(1) Separate final agency action.--The issuance of a
Federal action resulting from a final supplemental
environmental impact statement shall be considered a final
agency action for the purposes of chapter 5 of title 5,
United States Code, separate from the issuance of any
previous environmental impact statement with respect to the
same proposed agency action.
``(2) Deadline for filing a claim.--A claim seeking
judicial review of a Federal action resulting from a final
supplemental environmental review issued under section
102(2)(C) shall be barred unless--
``(A) such claim is filed within 120 days of the date on
which a notice of the Federal agency action resulting from a
final supplemental environmental impact statement is issued;
and
``(B) such claim is based on information contained in such
supplemental environmental impact statement that was not
contained in a previous environmental document pertaining to
the same proposed agency action.
``(c) Prohibition on Injunctive Relief.--Notwithstanding
any other provision of law, a violation of this Act shall not
constitute the basis for injunctive relief.
``(d) Rule of Construction.--Nothing in this section shall
be construed to create a right of judicial review or place
any limit on filing a claim with respect to the violation of
the terms of a permit, license, or approval.
``(e) Remand.--Notwithstanding any other provision of law,
no proposed agency action for which an environmental document
is required shall be vacated or otherwise limited, delayed,
or enjoined unless a court concludes allowing such proposed
action will pose a risk of an imminent and substantial
environmental harm and there is no other equitable remedy
available as a matter of law.
``SEC. 109. DEFINITIONS.
``In this title:
``(1) Categorical exclusion.--The term `categorical
exclusion' means a category of actions that a Federal agency
has determined normally does not significantly affect the
quality of the human environment within the meaning of
section 102(2)(C).
``(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 `environmental
assessment' means an environmental assessment prepared 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.
[[Page H2003]]
``(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) Involved federal agency.--The term `involved Federal
agency' means an agency that, with respect to a proposed
agency action--
``(A) proposed such action; or
``(B) is involved in such action because such action is
directly related, through functional interdependence or
geographic proximity, to an action such agency has taken or
has proposed to take.
``(9) Lead agency.--
``(A) In general.--Except as provided in subparagraph (B),
the term `lead agency' means, with respect to a proposed
agency action--
``(i) the agency that proposed such action; or
``(ii) if there are 2 or more involved Federal agencies
with respect to such action, the agency designated under
section 107(a)(1).
``(B) Specification for mineral exploration or mine
permits.--With respect to a proposed mineral exploration or
mine permit, the term `lead agency' has the meaning given
such term in section 40206(a) of the Infrastructure
Investment and Jobs Act.
``(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;
``(II) with no or minimal Federal involvement where a
Federal agency cannot control the outcome of the project; or
``(III) that does not include Federal land;
``(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 effect of the
action;
``(iv) farm ownership and operating loan guarantees by the
Farm Service Agency pursuant to sections 305 and 311 through
319 of the Consolidated Farmers Home Administration Act of
1961 (7 U.S.C. 1925 and 1941 through 1949);
``(v) business loan guarantees provided by the Small
Business Administration pursuant to section 7(a) or (b) and
of the Small Business Act (15 U.S.C. 636(a)), or title V of
the Small Business Investment Act of 1958 (15 U.S.C. 695 et
seq.);
``(vi) bringing judicial or administrative civil or
criminal enforcement actions; or
``(vii) extraterritorial activities or decisions, which
means agency activities or decisions with effects located
entirely outside of the jurisdiction of the United States.
``(C) Additional exclusions.--An agency action may not be
determined to be a major Federal action on the basis of--
``(i) an interstate effect of the action or related
project; or
``(ii) the provision of Federal funds for the action or
related project.
``(11) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' has the meaning given
such term in section 40206(a) of the Infrastructure
Investment and Jobs Act.
``(12) Proposal.--The term `proposal' means a proposed
action at a stage when an agency has a goal, is actively
preparing to make a decision on one or more alternative means
of accomplishing that goal, and can meaningfully evaluate its
effects.
``(13) Reasonably foreseeable.--The term `reasonably
foreseeable' means likely to occur--
``(A) not later than 10 years after the lead agency begins
preparing the environmental document; and
``(B) in an area directly affected by the proposed agency
action such that an individual of ordinary prudence would
take such occurrence into account in reaching a decision.
``(14) Special expertise.--The term `special expertise'
means statutory responsibility, agency mission, or related
program experience.''.
SEC. 20203. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT
REGULATIONS.
The revisions to the Code of Federal Regulations made
pursuant to the final rule of the Council on Environmental
Quality titled ``Update to the Regulations Implementing the
Procedural Provisions of the National Environmental Policy
Act'' and published on July 16, 2020 (85 Fed. Reg. 43304),
shall have the same force and effect of law as if enacted by
an Act of Congress.
SEC. 20204. NON-MAJOR FEDERAL ACTIONS.
(a) Exemption.--An action by the Secretary concerned with
respect to a covered activity shall be not considered a major
Federal action under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(b) Covered Activity.--In this section, the term ``covered
activity'' includes--
(1) geotechnical investigations;
(2) off-road travel in an existing right-of-way;
(3) construction of meteorological towers where the total
surface disturbance at the location is less than 5 acres;
(4) adding a battery or other energy storage device to an
existing or planned energy facility, if that storage resource
is located within the physical footprint of the existing or
planned energy facility;
(5) drilling temperature gradient wells and other
geothermal exploratory wells, including construction or
making improvements for such activities, where--
(A) the last cemented casing string is less than 12 inches
in diameter; and
(B) the total unreclaimed surface disturbance at any one
time within the project area is less than 5 acres;
(6) any repair, maintenance, upgrade, optimization, or
minor addition to existing transmission and distribution
infrastructure, including--
(A) operation, maintenance, or repair of power equipment
and structures within existing substations, switching
stations, transmission, and distribution lines;
(B) the addition, modification, retirement, or replacement
of breakers, transmission towers, transformers, bushings, or
relays;
(C) the voltage uprating, modification, reconductoring with
conventional or advanced conductors, and clearance resolution
of transmission lines;
(D) activities to minimize fire risk, including vegetation
management, routine fire mitigation, inspection, and
maintenance activities, and removal of hazard trees and other
hazard vegetation within or adjacent to an existing right-of-
way;
(E) improvements to or construction of structure pads for
such infrastructure; and
(F) access and access route maintenance and repairs
associated with any activity described in subparagraph (A)
through (E);
(7) approval of and activities conducted in accordance with
operating plans or agreements for transmission and
distribution facilities or under a special use authorization
for an electric transmission and distribution facility right-
of-way; and
(8) construction, maintenance, realignment, or repair of an
existing permanent or temporary access road--
(A) within an existing right-of-way or within a
transmission or utility corridor established by Congress or
in a land use plan;
(B) that serves an existing transmission line, distribution
line, or energy facility; or
(C) activities conducted in accordance with existing
onshore oil and gas leases.
SEC. 20205. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-
WAY.
(a) In General.--Upon a determination by the Secretary
concerned that there will be no overall long-term net loss of
vegetation, soil, or habitat, as defined by acreage and
function, resulting from a proposed action, decision, or
activity within an existing right-of-way, within a right-of-
way corridor established in a land use plan, or in an
otherwise designated right-of-way, that action, decision, or
activity shall not be considered a major Federal action under
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
(b) Inclusion of Remediation.--In making a determination
under subsection (a), the Secretary concerned shall consider
the effect of any remediation work to be conducted during the
lifetime of the action, decision, or activity when
determining whether there will be any overall long-term net
loss of vegetation, soil, or habitat.
SEC. 20206. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY
ACT ADEQUACY.
The Secretary concerned shall use previously completed
environmental assessments and environmental impact statements
to satisfy the requirements of section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) with
respect to any major Federal action, if such Secretary
determines that--
(1) the new proposed action is substantially the same as a
previously analyzed proposed action or alternative analyzed
in a previous environmental assessment or environmental
impact statement; and
(2) the effects of the proposed action are substantially
the same as the effects analyzed in such existing
environmental assessments or environmental impact statements.
SEC. 20207. DETERMINATION REGARDING RIGHTS-OF-WAY.
Not later than 60 days after the Secretary concerned
receives an application to grant a right-of-way, the
Secretary concerned shall notify the applicant as to whether
the application is complete or deficient. If the Secretary
concerned determines the application is complete, the
Secretary concerned may not consider any other application to
grant a right-of-way on the same or any overlapping parcels
of land while such application is pending.
SEC. 20208. TERMS OF RIGHTS-OF-WAY.
(a) Fifty-Year Terms for Rights-of-Way.--
(1) In general.--Any right-of-way for pipelines for the
transportation or distribution of oil or gas granted, issued,
amended, or renewed under Federal law may be limited to a
term of not more than 50 years before such right-of-way is
subject to renewal or amendment.
(2) Federal land policy and management act of 1976.--
Section 501 of the Federal Land
[[Page H2004]]
Policy and Management Act of 1976 (43 U.S.C. 1761) is amended
by adding at the end the following:
``(e) Any right-of-way granted, issued, amended, or renewed
under subsection (a)(4) may be limited to a term of not more
than 50 years before such right-of-way is subject to renewal
or amendment.''.
(b) Mineral Leasing Act.--Section 28(n) of the Mineral
Leasing Act (30 U.S.C. 185(n)) is amended by striking
``thirty'' and inserting ``50''.
SEC. 20209. FUNDING TO PROCESS PERMITS AND DEVELOP
INFORMATION TECHNOLOGY.
(a) In General.--In fiscal years 2023 through 2025, the
Secretary of Agriculture (acting through the Forest Service)
and the Secretary of the Interior, after public notice, may
accept and expend funds contributed by non-Federal entities
for dedicated staff, information resource management, and
information technology system development to expedite the
evaluation of permits, biological opinions, concurrence
letters, environmental surveys and studies, processing of
applications, consultations, and other activities for the
leasing, development, or expansion of an energy facility
under the jurisdiction of the respective Secretaries.
(b) Effect on Permitting.--In carrying out this section,
the Secretary of the Interior shall ensure that the use of
funds accepted under subsection (a) will not impact impartial
decision making with respect to permits, either substantively
or procedurally.
(c) Statement for Failure To Accept or Expend Funds.--Not
later than 60 days after the end of the applicable fiscal
year, if the Secretary of Agriculture (acting through the
Forest Service) or the Secretary of the Interior does not
accept funds contributed under subsection (a) or accepts but
does not expend such funds, that Secretary shall submit to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a statement explaining why such funds
were not accepted, were not expended, or both, as the case
may be.
(d) Prohibition.--Notwithstanding any other provision of
law, the Secretary of Agriculture (acting through the Forest
Service) and the Secretary of the Interior may not accept
contributions, as authorized by subsection (a), from non-
Federal entities owned by the Communist Party of China (or a
person or entity acting on behalf of the Communist Party of
China).
(e) Report on Non-Federal Entities.--Not later than 60 days
after the end of the applicable fiscal year, the Secretary of
Agriculture (acting through the Forest Service) and the
Secretary of the Interior shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that includes, for each expenditure authorized by
subsection (a)--
(1) the amount of funds accepted; and
(2) the contributing non-Federal entity.
SEC. 20210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY
LICENSING.
The Secretary of the Interior shall authorize geological
and geophysical surveys related to oil and gas activities on
the Gulf of Mexico Outer Continental Shelf, except within
areas subject to existing oil and gas leasing moratoria. Such
authorizations shall be issued within 30 days of receipt of a
completed application and shall, as applicable to survey
type, comply with the mitigation and monitoring measures in
subsections (a), (b), (c), (d), (f), and (g) of section
217.184 of title 50, Code of Federal Regulations (as in
effect on January 1, 2022), and section 217.185 of title 50,
Code of Federal Regulations (as in effect on January 1,
2022). Geological and geophysical surveys authorized pursuant
to this section are deemed to be in full compliance with the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.)
and the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and their implementing regulations.
SEC. 20211. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.
Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C.
226(p)(3)) is amended by adding at the end the following:
``(D) Deferral based on formatting issues.--A decision on
an application for a permit to drill may not be deferred
under paragraph (2)(B) as a result of a formatting issue with
the permit, unless such formatting issue results in missing
information.''.
SEC. 20212. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS
TO DRILL.
(a) Effect of Pending Civil Actions.--Section 17(p) of the
Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding
at the end the following:
``(4) Effect of pending civil action on processing
applications for permits to drill.--Pursuant to the
requirements of paragraph (2), notwithstanding the existence
of any pending civil actions affecting the application or
related lease, the Secretary shall process an application for
a permit to drill or other authorizations or approvals under
a valid existing lease, unless a United States Federal court
vacated such lease. Nothing in this paragraph shall be
construed as providing authority to a Federal court to vacate
a lease.''.
(b) Term of Permit To Drill.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is further amended by adding at
the end the following:
``(u) Term of Permit To Drill.--A permit to drill issued
under this section after the date of the enactment of this
subsection shall be valid for one four-year term from the
date that the permit is approved, or until the lease
regarding which the permit is issued expires, whichever
occurs first.''.
SEC. 20213. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.
Section 390 of the Energy Policy Act of 2005 (42 U.S.C.
15942) is amended to read as follows:
``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.
``(a) National Environmental Policy Act Review.--Action by
the Secretary of the Interior, in managing the public lands,
or the Secretary of Agriculture, in managing National Forest
System lands, with respect to any of the activities described
in subsection (c), shall not be considered a major Federal
action for the purposes of section 102(2)(C) of the National
Environmental Policy Act of 1969, if the activity is
conducted pursuant to the Mineral Leasing Act (30 U.S.C. 181
et seq.) for the purpose of exploration or development of oil
or gas.
``(b) Application.--This section shall not apply to an
action of the Secretary of the Interior or the Secretary of
Agriculture on Indian lands or resources managed in trust for
the benefit of Indian Tribes.
``(c) Activities Described.--The activities referred to in
subsection (a) are as follows:
``(1) Reinstating a lease pursuant to section 31 of the
Mineral Leasing Act (30 U.S.C. 188).
``(2) The following activities, provided that any new
surface disturbance is contiguous with the footprint of the
original authorization and does not exceed 20 acres or the
acreage has previously been evaluated in a document
previously prepared under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with
respect to such activity:
``(A) Drilling an oil or gas well at a well pad site at
which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad site to
accommodate an additional well.
``(C) Expansion or modification of an existing oil or gas
well pad site, road, pipeline, facility, or utility submitted
in a sundry notice.
``(3) Drilling of an oil or gas well at a new well pad
site, provided that the new surface disturbance does not
exceed 20 acres and the acreage evaluated in a document
previously prepared under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with
respect to such activity, whichever is greater.
``(4) Construction or realignment of a road, pipeline, or
utility within an existing right-of-way or within a right-of-
way corridor established in a land use plan.
``(5) The following activities when conducted from non-
Federal surface into federally owned minerals, provided that
the operator submits to the Secretary concerned certification
of a surface use agreement with the non-Federal landowner:
``(A) Drilling an oil or gas well at a well pad site at
which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad site to
accommodate an additional well.
``(C) Expansion or modification of an existing oil or gas
well pad site, road, pipeline, facility, or utility submitted
in a sundry notice.
``(6) Drilling of an oil or gas well from non-Federal
surface and non-Federal subsurface into Federal mineral
estate.
``(7) Construction of up to 1 mile of new road on Federal
or non-Federal surface, not to exceed 2 miles in total.
``(8) Construction of up to 3 miles of individual pipelines
or utilities, regardless of surface ownership.''.
SEC. 20214. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-
FEDERAL SURFACE ESTATE.
(a) Oil and Gas Permits.--Section 17 of the Mineral Leasing
Act (30 U.S.C. 226) is further amended by adding at the end
the following:
``(v) No Federal Permit Required for Oil and Gas Activities
on Certain Land.--
``(1) In general.--The Secretary shall not require an
operator to obtain a Federal drilling permit for oil and gas
exploration and production activities conducted on non-
Federal surface estate, provided that--
``(A) the United States holds an ownership interest of less
than 50 percent of the subsurface mineral estate to be
accessed by the proposed action; and
``(B) the operator submits to the Secretary a State permit
to conduct oil and gas exploration and production activities
on the non-Federal surface estate.
``(2) No federal action.--An oil and gas exploration and
production activity carried out under paragraph (1)--
``(A) shall not be considered a major Federal action for
the purposes of section 102(2)(C) of the National
Environmental Policy Act of 1969;
``(B) shall require no additional Federal action;
``(C) may commence 30 days after submission of the State
permit to the Secretary; and
``(D) shall not be subject to--
``(i) section 306108 of title 54, United States Code
(commonly known as the National Historic Preservation Act of
1966); and
``(ii) section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536).
[[Page H2005]]
``(3) Royalties and production accountability.--(A) Nothing
in this subsection shall affect the amount of royalties due
to the United States under this Act from the production of
oil and gas, or alter the Secretary's authority to conduct
audits and collect civil penalties pursuant to the Federal
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et
seq.).
``(B) The Secretary may conduct onsite reviews and
inspections to ensure proper accountability, measurement, and
reporting of production of Federal oil and gas, and payment
of royalties.
``(4) Exceptions.--This subsection shall not apply to
actions on Indian lands or resources managed in trust for the
benefit of Indian Tribes.
``(5) Indian land.--In this subsection, the term `Indian
land' means--
``(A) any land located within the boundaries of an Indian
reservation, pueblo, or rancheria; and
``(B) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held--
``(i) in trust by the United States for the benefit of an
Indian tribe or an individual Indian;
``(ii) by an Indian tribe or an individual Indian, subject
to restriction against alienation under laws of the United
States; or
``(iii) by a dependent Indian community.''.
(b) Geothermal Permits.--The Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.) is amended by adding at the end the
following:
``SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL
ACTIVITIES ON CERTAIN LAND.
``(a) In General.--The Secretary shall not require an
operator to obtain a Federal drilling permit for geothermal
exploration and production activities conducted on a non-
Federal surface estate, provided that--
``(1) the United States holds an ownership interest of less
than 50 percent of the subsurface geothermal estate to be
accessed by the proposed action; and
``(2) the operator submits to the Secretary a State permit
to conduct geothermal exploration and production activities
on the non-Federal surface estate.
``(b) No Federal Action.--A geothermal exploration and
production activity carried out under paragraph (1)--
``(1) shall not be considered a major Federal action for
the purposes of section 102(2)(C) of the National
Environmental Policy Act of 1969;
``(2) shall require no additional Federal action;
``(3) may commence 30 days after submission of the State
permit to the Secretary; and
``(4) shall not be subject to--
``(A) section 306108 of title 54, United States Code
(commonly known as the National Historic Preservation Act of
1966); and
``(B) section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536).
``(c) Royalties and Production Accountability.--(1) Nothing
in this section shall affect the amount of royalties due to
the United States under this Act from the production of
electricity using geothermal resources (other than direct use
of geothermal resources) or the production of any byproducts.
``(2) The Secretary may conduct onsite reviews and
inspections to ensure proper accountability, measurement, and
reporting of the production described in paragraph (1), and
payment of royalties.
``(d) Exceptions.--This section shall not apply to actions
on Indian lands or resources managed in trust for the benefit
of Indian Tribes.
``(e) Indian Land.--In this section, the term `Indian land'
means--
``(1) any land located within the boundaries of an Indian
reservation, pueblo, or rancheria; and
``(2) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held--
``(A) in trust by the United States for the benefit of an
Indian tribe or an individual Indian;
``(B) by an Indian tribe or an individual Indian, subject
to restriction against alienation under laws of the United
States; or
``(C) by a dependent Indian community.''.
SEC. 20215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS
LEASES.
An environmental review for an oil and gas lease or permit
prepared pursuant to the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
its implementing regulations--
(1) shall apply only to areas that are within or
immediately adjacent to the lease plot or plots and that are
directly affected by the proposed action; and
(2) shall not require consideration of downstream, indirect
effects of oil and gas consumption.
SEC. 20216. EXPEDITING APPROVAL OF GATHERING LINES.
Section 11318(b)(1) of the Infrastructure Investment and
Jobs Act (42 U.S.C. 15943(b)(1)) is amended by striking ``to
be an action that is categorically excluded (as defined in
section 1508.1 of title 40, Code of Federal Regulations (as
in effect on the date of enactment of this Act))'' and
inserting ``to not be a major Federal action''.
SEC. 20217. LEASE SALE LITIGATION.
Notwithstanding any other provision of law, any oil and gas
lease sale held under section 17 of the Mineral Leasing Act
(26 U.S.C. 226) or the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) shall not be vacated and activities on
leases awarded in the sale shall not be otherwise limited,
delayed, or enjoined unless the court concludes allowing
development of the challenged lease will pose a risk of an
imminent and substantial environmental harm and there is no
other equitable remedy available as a matter of law. No
court, in response to an action brought pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. et
seq.), may enjoin or issue any order preventing the award of
leases to a bidder in a lease sale conducted pursuant to
section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if
the Department of the Interior has previously opened bids for
such leases or disclosed the high bidder for any tract that
was included in such lease sale.
SEC. 20218. LIMITATION ON CLAIMS.
(a) In General.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial
review of a permit, license, or approval issued by a Federal
agency for a mineral project, energy facility, or energy
storage device shall be barred unless--
(1) the claim is filed within 120 days after publication of
a notice in the Federal Register announcing that the permit,
license, or approval is final pursuant to the law under which
the agency action is taken, unless a shorter time is
specified in the Federal law pursuant to which judicial
review is allowed; and
(2) the claim is filed by a party that submitted a comment
during the public comment period for such permit, license, or
approval and such comment was sufficiently detailed to put
the agency on notice of the issue upon which the party seeks
judicial review.
(b) Savings Clause.--Nothing in this section shall create a
right to judicial review or place any limit on filing a claim
that a person has violated the terms of a permit, license, or
approval.
(c) Transportation Projects.--Subsection (a) shall not
apply to or supersede a claim subject to section 139(l)(1) of
title 23, United States Code.
(d) Mineral Project.--In this section, the term ``mineral
project'' means a project--
(1) located on--
(A) a mining claim, millsite claim, or tunnel site claim
for any mineral;
(B) lands open to mineral entry; or
(C) a Federal mineral lease; and
(2) for the purposes of exploring for or producing
minerals.
SEC. 20219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
PERMITS TO DRILL.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall issue a report detailing--
(1) the approval timelines for applications for permits to
drill issued by the Bureau of Land Management from 2018
through 2022;
(2) the number of applications for permits to drill that
were not issued within 30 days of receipt of a completed
application; and
(3) the causes of delays resulting in applications for
permits to drill pending beyond the 30 day deadline required
under section 17(p)(2) of the Mineral Leasing Act (30 U.S.C.
226(p)(2)).
(b) Recommendations.--The report issued under subsection
(a) shall include recommendations with respect to--
(1) actions the Bureau of Land Management can take to
streamline the approval process for applications for permits
to drill to approve applications for permits to drill within
30 days of receipt of a completed application;
(2) aspects of the Federal permitting process carried out
by the Bureau of Land Management to issue applications for
permits to drill that can be turned over to States to
expedite approval of applications for permits to drill; and
(3) legislative actions that Congress must take to allow
States to administer certain aspects of the Federal
permitting process described in paragraph (2).
SEC. 20220. E-NEPA.
(a) Permitting Portal Study.--The Council on Environmental
Quality shall conduct a study and submit a report to Congress
within 1 year of the enactment of this Act on the potential
to create an online permitting portal for permits that
require review under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that
would--
(1) allow applicants to--
(A) submit required documents or materials for their
application in one unified portal;
(B) upload additional documents as required by the
applicable agency; and
(C) track the progress of individual applications;
(2) enhance interagency coordination in consultation by--
(A) allowing for comments in one unified portal;
(B) centralizing data necessary for reviews; and
(C) streamlining communications between other agencies and
the applicant; and
(3) boost transparency in agency decisionmaking.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $500,000 for the Council of Environmental
Quality to carry out the study directed by this section.
[[Page H2006]]
SEC. 20221. LIMITATIONS ON CLAIMS.
(a) In General.--Section 139(l) of title 23, United States
Code, is amended by striking ``150 days'' each place it
appears and inserting ``90 days''.
(b) Conforming Amendments.--
(1) Section 330(e) of title 23, United States Code, is
amended--
(A) in paragraph (2)(A), by striking ``150 days'' and
inserting ``90 days''; and
(B) in paragraph (3)(B)(i), by striking ``150 days'' and
inserting ``90 days''.
(2) Section 24201(a)(4) of title 49, United States Code, is
amended by striking ``of 150 days''.
SEC. 20222. ONE FEDERAL DECISION FOR PIPELINES.
(a) In General.--Chapter 601 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 60144. Efficient environmental reviews and one Federal
decision
``(a) Efficient Environmental Reviews.--
``(1) In general.--The Secretary of Transportation shall
apply the project development procedures, to the greatest
extent feasible, described in section 139 of title 23 to any
pipeline project that requires the approval of the Secretary
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(2) Regulations and procedures.--In carrying out
paragraph (1), the Secretary shall incorporate into agency
regulations and procedures pertaining to pipeline projects
described in paragraph (1) aspects of such project
development procedures, or portions thereof, determined
appropriate by the Secretary in a manner consistent with this
section, that increase the efficiency of the review of
pipeline projects.
``(3) Discretion.--The Secretary may choose not to
incorporate into agency regulations and procedures pertaining
to pipeline projects described in paragraph (1) such project
development procedures that could only feasibly apply to
highway projects, public transportation capital projects, and
multimodal projects.
``(4) Applicability.--Subsection (l) of section 139 of
title 23 shall apply to pipeline projects described in
paragraph (1).
``(b) Additional Categorical Exclusions.--The Secretary
shall maintain and make publicly available, including on the
Internet, a database that identifies project-specific
information on the use of a categorical exclusion on any
pipeline project carried out under this title.''.
(b) Clerical Amendment.--The analysis for chapter 601 of
title 49, United States Code, is amended by adding at the end
the following:
``60144. Efficient environmental reviews and one Federal decision.''.
SEC. 20223. EXEMPTION OF CERTAIN WILDFIRE MITIGATION
ACTIVITIES FROM CERTAIN ENVIRONMENTAL
REQUIREMENTS.
(a) In General.--Wildfire mitigation activities of the
Secretary of the Interior and the Secretary of Agriculture
may be carried out without regard to the provisions of law
specified in subsection (b).
(b) Provisions of Law Specified.--The provisions of law
specified in this section are all Federal, State, or other
laws, regulations, and legal requirements of, deriving from,
or related to the subject of, the following laws:
(1) Section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)).
(2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(c) Wildfire Mitigation Activity.--For purposes of this
section, the term ``wildfire mitigation activity''--
(1) is an activity conducted on Federal land that is--
(A) under the administration of the Director of the
National Park System, the Director of the Bureau of Land
Management, or the Chief of the Forest Service; and
(B) within 300 feet of any permanent or temporary road, as
measured from the center of such road; and
(2) includes forest thinning, hazardous fuel reduction,
prescribed burning, and vegetation management.
SEC. 20224. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE RELATING TO ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS
OF WAY.
(a) Hazard Trees Within 50 Feet of Electric Power Line.--
Section 512(a)(1)(B)(ii) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1772(a)(1)(B)(ii)) is
amended by striking ``10'' and inserting ``50''.
(b) Consultation With Private Landowners.--Section
512(c)(3)(E) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners with respect to
any hazard trees identified for removal from land owned by
such private landowners.''.
(c) Review and Approval Process.--Clause (iv) of section
512(c)(4)(A) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a modification under clause
(iii) shall be automatically approved 60 days after review;
and
``(II) a plan submitted with a modification under clause
(iii) shall be automatically approved 67 days after
review.''.
SEC. 20225. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES
RIGHTS-OF-WAY.
(a) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National
Forest System lands; and
(2) the Secretary of the Interior, with respect to public
lands.
(b) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of
activities designated as being categorically excluded from
the preparation of an environmental assessment or an
environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(c) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated as
being categorically excluded under subsection (b) are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and
maintenance plan submitted under section 512(c)(1) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(1)) by the Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(d) Availability of Categorical Exclusion.--On and after
the date of the enactment of this Act, the Secretary
concerned may use the categorical exclusion established under
subsection (b) in accordance with this section.
(e) Extraordinary Circumstances.--Use of the categorical
exclusion established under subsection (b) shall not be
subject to the extraordinary circumstances procedures in
section 220.6, title 36, Code of Federal Regulations, or
section 1508.4, title 40, Code of Federal Regulations.
(f) Exclusion of Certain Areas.--The categorical exclusion
established under subsection (b) shall not apply to any
forest management activity conducted--
(1) in a component of the National Wilderness Preservation
System; or
(2) on National Forest System lands on which, by Act of
Congress, the removal of vegetation is restricted or
prohibited.
(g) Permanent Roads.--
(1) Prohibition on establishment.--A forest management
activity designated under subsection (c) shall not include
the establishment of a permanent road.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent
road for the purposes of conducting a forest management
activity designated under subsection (c).
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for a forest
management activity designated under subsection (c) not later
than 3 years after the date on which the action is completed.
(h) Applicable Laws.--A forest management activity
designated under subsection (c) shall not be subject to
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536), section 106 of the National Historic Preservation Act,
or any other applicable law.
SEC. 20226. STAFFING PLANS.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, each local unit of the National Park
Service, Bureau of Land Management, and Forest Service shall
conduct an outreach plan for disseminating and advertising
open civil service positions with functions relating to
permitting or natural resources in their offices. Each such
plan shall include outreach to local high schools, community
colleges, institutions of higher education, and any other
relevant institutions, as determined by the Secretary of the
Interior or the Secretary of Agriculture (as the case may
be).
(b) Collaboration Permitted.--Such local units of the
National Park Service, Bureau of Land Management, and Forest
Service located in reasonably close geographic areas may
collaborate to produce a joint outreach plan that meets the
requirements of subsection (a).
Subtitle C--Permitting for Mining Needs
SEC. 20301. DEFINITIONS.
In this subtitle:
(1) Byproduct.--The term ``byproduct'' has the meaning
given such term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Mineral.--The term ``mineral'' means any mineral of a
kind that is locatable (including, but not limited to, such
minerals located on ``lands acquired by the United States'',
as such term is defined in section 2 of the Mineral Leasing
Act for Acquired Lands) under the Act of May 10, 1872
(Chapter 152; 17 Stat. 91).
(4) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
[[Page H2007]]
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
SEC. 20302. MINERALS SUPPLY CHAIN AND RELIABILITY.
Section 40206 of the Infrastructure Investment and Jobs Act
(30 U.S.C. 1607) is amended--
(1) in the section heading, by striking ``critical
minerals'' and inserting ``minerals'';
(2) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Lead agency.--The term `lead agency' means the
Federal agency with primary responsibility for issuing a
mineral exploration or mine permit or lease for a mineral
project.
``(2) Mineral.--The term `mineral' has the meaning given
such term in section 20301 of the TAPP American Resources
Act.
``(3) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' means--
``(A) an authorization of the Bureau of Land Management or
the Forest Service, as applicable, for exploration for
minerals that requires analysis under the National
Environmental Policy Act of 1969;
``(B) a plan of operations for a mineral project approved
by the Bureau of Land Management or the Forest Service; or
``(C) any other Federal permit or authorization for a
mineral project.
``(4) Mineral project.--The term `mineral project' means a
project--
``(A) located on--
``(i) a mining claim, millsite claim, or tunnel site claim
for any mineral;
``(ii) lands open to mineral entry; or
``(iii) a Federal mineral lease; and
``(B) for the purposes of exploring for or producing
minerals.'';
(3) in subsection (b), by striking ``critical'' each place
such term appears;
(4) in subsection (c)--
(A) by striking ``critical mineral production on Federal
land'' and inserting ``mineral projects'';
(B) by inserting ``, and in accordance with subsection
(h)'' after ``to the maximum extent practicable'';
(C) by striking ``shall complete the'' and inserting
``shall complete such'';
(D) in paragraph (1), by striking ``critical mineral-
related activities on Federal land'' and inserting ``mineral
projects'';
(E) in paragraph (8), by striking the ``and'' at the end;
(F) in paragraph (9), by striking ``procedures.'' and
inserting ``procedures; and''; and
(G) by adding at the end the following:
``(10) deferring to and relying on baseline data, analyses,
and reviews performed by State agencies with jurisdiction
over the environmental or reclamation permits for the
proposed mineral project.'';
(5) in subsection (d)--
(A) by striking ``critical'' each place such term appears;
and
(B) in paragraph (3), by striking ``mineral-related
activities on Federal land'' and inserting ``mineral
projects'';
(6) in subsection (e), by striking ``critical'';
(7) in subsection (f), by striking ``critical'' each place
such term appears;
(8) in subsection (g), by striking ``critical'' each place
such term appears; and
(9) by adding at the end the following:
``(h) Other Requirements.--
``(1) Memorandum of agreement.--For purposes of maximizing
efficiency and effectiveness of the Federal permitting and
review processes described under subsection (c), the lead
agency in the Federal permitting and review processes of a
mineral project shall (in consultation with any other Federal
agency involved in such Federal permitting and review
processes, and upon request of the project applicant, an
affected State government, local government, or an Indian
Tribe, or other entity such lead agency determines
appropriate) enter into a memorandum of agreement with a
project applicant where requested by the applicant to carry
out the activities described in subsection (c).
``(2) Timelines and schedules for nepa reviews.--
``(A) Extension.--A project applicant may enter into 1 or
more agreements with a lead agency to extend the deadlines
described in subparagraphs (A) and (B) of subsection (h)(1)
of section 107 of title I of the National Environmental
Policy Act of 1969 by, with respect to each such agreement,
not more than 6 months.
``(B) Adjustment of timelines.--At the request of a project
applicant, the lead agency and any other entity which is a
signatory to a memorandum of agreement under paragraph (1)
may, by unanimous agreement, adjust--
``(i) any deadlines described in subparagraph (A); and
``(ii) any deadlines extended under subparagraph (B).
``(3) Effect on pending applications.--Upon a written
request by a project applicant, the requirements of this
subsection shall apply to any application for a mineral
exploration or mine permit or mineral lease that was
submitted before the date of the enactment of the TAPP
American Resources Act.''.
SEC. 20303. FEDERAL REGISTER PROCESS IMPROVEMENT.
Section 7002(f) of the Energy Act of 2020 (30 U.S.C.
1606(f)) is amended--
(1) in paragraph (2), by striking ``critical'' both places
such term appears; and
(2) by striking paragraph (4).
SEC. 20304. DESIGNATION OF MINING AS A COVERED SECTOR FOR
FEDERAL PERMITTING IMPROVEMENT PURPOSES.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A))
is amended by inserting ``mineral production,'' before ``or
any other sector''.
SEC. 20305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL
DETERMINATION 2022-11 FOR FEDERAL PERMITTING
IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an
action described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard
to the requirements of that section; and
(2) included in the Permitting Dashboard maintained
pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
2(b)).
(b) Actions Described.--An action described in this
subsection is an action taken by the Secretary of Defense
pursuant to Presidential Determination 2022-11 (87 Fed. Reg.
19775; relating to certain actions under section 303 of the
Defense Production Act of 1950) or the Presidential
Memorandum of February 27, 2023, titled ``Presidential Waiver
of Statutory Requirements Pursuant to Section 303 of the
Defense Production Act of 1950, as amended, on Department of
Defense Supply Chains Resilience'' (88 Fed. Reg. 13015) to
create, maintain, protect, expand, or restore sustainable and
responsible domestic production capabilities through--
(1) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
(2) byproduct and co-product production at existing mining,
mine waste reclamation, and other industrial facilities;
(3) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
(4) any other activity authorized under section 303(a)(1)
of the Defense Production Act of 1950 15 (50 U.S.C.
4533(a)(1)).
(c) Exception.--An action described in subsection (b) may
not be treated as a covered project or be included in the
Permitting Dashboard under subsection (a) if the project
sponsor (as defined in section 41001(18) of the FAST Act (42
U.S.C. 21 4370m(18))) requests that the action not be treated
as a covered project.
SEC. 20306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH
LIMITED SURFACE DISTURBANCE.
(a) In General.--Not later than 15 days before commencing
an exploration activity with a surface disturbance of not
more than 5 acres of public lands, the operator of such
exploration activity shall submit to the Secretary concerned
a complete notice of such exploration activity.
(b) Inclusions.--Notice submitted under subsection (a)
shall include such information the Secretary concerned may
require, including the information described in section
3809.301 of title 43, Code of Federal Regulations (or any
successor regulation).
(c) Review.--Not later than 15 days after the Secretary
concerned receives notice submitted under subsection (a), the
Secretary concerned shall--
(1) review and determine completeness of the notice; and
(2) allow exploration activities to proceed if--
(A) the surface disturbance of such exploration activities
on such public lands will not exceed 5 acres;
(B) the Secretary concerned determines that the notice is
complete; and
(C) the operator provides financial assurance that the
Secretary concerned determines is adequate.
(d) Definitions.--In this section:
(1) Exploration activity.--The term ``exploration
activity''--
(A) means creating surface disturbance greater than casual
use that includes sampling, drilling, or developing surface
or underground workings to evaluate the type, extent,
quantity, or quality of mineral values present;
(B) includes constructing drill roads and drill pads,
drilling, trenching, excavating test pits, and conducting
geotechnical tests and geophysical surveys; and
(C) does not include activities where material is extracted
for commercial use or sale.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to lands administered by the Secretary of
the Interior, the Secretary of the Interior; and
(B) with respect to National Forest System lands, the
Secretary of Agriculture.
SEC. 20307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of
1993 (30 U.S.C. 28f) is amended by adding at the end the
following:
``(e) Security of Tenure.--
``(1) In general.--
``(A) In general.--A claimant shall have the right to use,
occupy, and conduct operations on public land, with or
without the discovery of a valuable mineral deposit, if--
``(i) such claimant makes a timely payment of the location
fee required by section 10102 and the claim maintenance fee
required by subsection (a); or
``(ii) in the case of a claimant who qualifies for a waiver
under subsection (d), such claimant makes a timely payment of
the location fee and complies with the required assessment
work under the general mining laws.
[[Page H2008]]
``(B) Operations defined.--For the purposes of this
paragraph, the term `operations' means--
``(i) any activity or work carried out in connection with
prospecting, exploration, processing, discovery and
assessment, development, or extraction with respect to a
locatable mineral;
``(ii) the reclamation of any disturbed areas; and
``(iii) any other reasonably incident uses, whether on a
mining claim or not, including the construction and
maintenance of facilities, roads, transmission lines,
pipelines, and any other necessary infrastructure or means of
access on public land for support facilities.
``(2) Fulfillment of federal land policy and management
act.--A claimant that fulfills the requirements of this
section and section 10102 shall be deemed to satisfy the
requirements of any provision of the Federal Land Policy and
Management Act that requires the payment of fair market value
to the United States for use of public lands and resources
relating to use of such lands and resources authorized by the
general mining laws.
``(3) Savings clause.--Nothing in this subsection may be
construed to diminish the rights of entry, use, and
occupancy, or any other right, of a claimant under the
general mining laws.''.
SEC. 20308. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL
MINERAL.
(a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act
of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as
follows:
``(i) oil, oil shale, coal, or natural gas;''.
(b) Update.--Not later than 60 days after the date of the
enactment of this section, the Secretary, acting through the
Director of the United States Geological Survey, shall
publish in the Federal Register an update to the final list
established in section 7002(c)(3) of the Energy Act of 2020
(30 U.S.C. 1606(c)(3)) in accordance with subsection (a) of
this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the
Director of the United States Geological Survey, in
consultation with the Secretary of Energy, shall submit to
the appropriate committees of Congress a report that includes
the following:
(1) The current status of uranium deposits in the United
States with respect to the amount and quality of uranium
contained in such deposits.
(2) A comparison of the United States to the rest of the
world with respect to the amount and quality of uranium
contained in uranium deposits.
(3) Policy considerations, including potential challenges,
of utilizing the uranium from the deposits described in
paragraph (1).
SEC. 20309. BARRING FOREIGN BAD ACTORS FROM OPERATING ON
FEDERAL LANDS.
A mining claimant shall be barred from the right to use,
occupy, and conduct operations on Federal land if the
Secretary of the Interior finds the claimant has a foreign
parent company that has (including through a subsidiary)--
(1) a known record of human rights violations; or
(2) knowingly operated an illegal mine in another country.
SEC. 20310. PERMIT PROCESS FOR PROJECTS RELATING TO
EXTRACTION, RECOVERY, OR PROCESSING OF CRITICAL
MATERIALS.
(a) Definition of Covered Project.--Section 41001(6)(A) of
the FAST Act (42 U.S.C. 4370m(6)(A)) is amended--
(1) in clause (iii)(III), by striking ``; or'' and
inserting ``;'';
(2) in clause (iv)(II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(v) is related to the extraction, recovery, or processing
from coal, coal waste, coal processing waste, pre-or post-
combustion coal byproducts, or acid mine drainage from coal
mines of--
``(I) critical minerals (as such term is defined in section
7002 of the Energy Act of 2020);
``(II) rare earth elements; or
``(III) microfine carbon or carbon from coal.''.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary of the Interior shall
submit to the Committees on Energy and Natural Resources and
Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure, Natural
Resources, and Energy and Commerce of the House of
Representatives a report evaluating the timeliness of
implementation of reforms of the permitting process required
as a result of the amendments made by this section on the
following:
(1) The economic and national security of the United
States.
(2) Domestic production and supply of critical minerals,
rare earths, and microfine carbon or carbon from coal.
SEC. 20311. NATIONAL STRATEGY TO RE-SHORE MINERAL SUPPLY
CHAINS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the United States Geological Survey,
in consultation with the Secretaries of Defense, Energy, and
State, shall--
(1) identify mineral commodities that--
(A) serve a critical purpose to the national security of
the United States, including with respect to military,
defense, and strategic mobility applications; and
(B) are at highest risk of supply chain disruption due to
the domestic or global actions of any covered entity,
including price-fixing, systemic acquisition and control of
global mineral resources and processing, refining, and
smelting capacity, and undercutting the fair market value of
such resources; and
(2) develop a national strategy for bolstering supply
chains in the United States for the mineral commodities
identified under paragraph (1), including through the
enactment of new national policies and the utilization of
current authorities, to increase capacity and efficiency of
domestic mining, refining, processing, and manufacturing of
such mineral commodities.
(b) Covered Entity.--In this section, the term ``covered
entity'' means an entity that--
(1) is subject to the jurisdiction or direction of the
People's Republic of China;
(2) is directly or indirectly operating on behalf of the
People's Republic of China; or
(3) is owned by, directly or indirectly controlled by, or
otherwise subject to the influence of the People's Republic
of China.
Subtitle D--Federal Land Use Planning
SEC. 20401. FEDERAL LAND USE PLANNING AND WITHDRAWALS.
(a) Resource Assessments Required.--Federal lands and
waters may not be withdrawn from entry under the mining laws
or operation of the mineral leasing and mineral materials
laws unless--
(1) a quantitative and qualitative geophysical and
geological mineral resource assessment of the impacted area
has been completed during the 10-year period ending on the
date of such withdrawal;
(2) the Secretary, in consultation with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, conducts an assessment of the economic, energy,
strategic, and national security value of mineral deposits
identified in such mineral resource assessment;
(3) the Secretary conducts an assessment of the reduction
in future Federal revenues to the Treasury, States, the Land
and Water Conservation Fund, the Historic Preservation Fund,
and the National Parks and Public Land Legacy Restoration
Fund resulting from the proposed mineral withdrawal;
(4) the Secretary, in consultation with the Secretary of
Defense, conducts an assessment of military readiness and
training activities in the proposed withdrawal area; and
(5) the Secretary submits a report to the Committees on
Natural Resources, Agriculture, Energy and Commerce, and
Foreign Affairs of the House of Representatives and the
Committees on Energy and Natural Resources, Agriculture, and
Foreign Affairs of the Senate, that includes the results of
the assessments completed pursuant to this subsection.
(b) Land Use Plans.--Before a resource management plan
under the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) or a forest management plan under the
National Forest Management Act is updated or completed, the
Secretary or Secretary of Agriculture, as applicable, in
consultation with the Director of the United States
Geological Survey, shall--
(1) review any quantitative and qualitative mineral
resource assessment that was completed or updated during the
10-year period ending on the date that the applicable land
management agency publishes a notice to prepare, revise, or
amend a land use plan by the Director of the United States
Geological Survey for the geographic area affected by the
applicable management plan;
(2) the Secretary, in consultation with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, conducts an assessment of the economic, energy,
strategic, and national security value of mineral deposits
identified in such mineral resource assessment; and
(3) submit a report to the Committees on Natural Resources,
Agriculture, Energy and Commerce, and Foreign Affairs of the
House of Representatives and the Committees on Energy and
Natural Resources, Agriculture, and Foreign Affairs of the
Senate, that includes the results of the assessment completed
pursuant to this subsection.
(c) New Information.--The Secretary shall provide
recommendations to the President on appropriate measures to
reduce unnecessary impacts that a withdrawal of Federal lands
or waters from entry under the mining laws or operation of
the mineral leasing and mineral materials laws may have on
mineral exploration, development, and other mineral
activities (including authorizing exploration and development
of such mineral deposits) not later than 180 days after the
Secretary has notice that a resource assessment completed by
the Director of the United States Geological Survey, in
coordination with the State geological surveys, determines
that a previously undiscovered mineral deposit may be present
in an area that has been withdrawn from entry under the
mining laws or operation of the mineral leasing and mineral
materials laws pursuant to--
(1) section 204 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714); or
(2) chapter 3203 of title 54, United States Code.
SEC. 20402. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF
CERTAIN FEDERAL LAND.
(a) Prohibitions.--Notwithstanding any other provision of
law, the President shall not carry out any action that would
pause, restrict, or delay the process for or issuance
[[Page H2009]]
of any of the following on Federal land, unless such lands
are withdrawn from disposition under the mineral leasing
laws, including by administrative withdrawal:
(1) New oil and gas lease sales, oil and gas leases, drill
permits, or associated approvals or authorizations of any
kind associated with oil and gas leases.
(2) New coal leases (including leases by application in
process, renewals, modifications, or expansions of existing
leases), permits, approvals, or authorizations.
(3) New leases, claims, permits, approvals, or
authorizations for development or exploration of minerals.
(b) Prohibition on Rescission of Leases, Permits, or
Claims.--The President, the Secretary, or Secretary of
Agriculture as applicable, may not rescind any existing
lease, permit, or claim for the extraction and production of
any mineral under the mining laws or mineral leasing and
mineral materials laws on National Forest System land or land
under the jurisdiction of the Bureau of Land Management,
unless specifically authorized by Federal statute, or upon
the lessee, permittee, or claimant's failure to comply with
any of the provisions of the applicable lease, permit, or
claim.
(c) Mineral Defined.--In subsection (a)(3), the term
``mineral'' means any mineral of a kind that is locatable
(including such minerals located on ``lands acquired by the
United States'', as such term is defined in section 2 of the
Mineral Leasing Act for Acquired Lands) under the Act of May
10, 1872 (Chapter 152; 17 Stat. 91).
SEC. 20403. DEFINITIONS.
In this subtitle:
(1) Federal land.--The term ``Federal land'' means--
(A) National Forest System land;
(B) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(C) the outer Continental Shelf (as defined in section 2 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331)); and
(D) land managed by the Secretary of Energy.
(2) President.--The term ``President'' means--
(A) the President; and
(B) any designee of the President, including--
(i) the Secretary of Agriculture;
(ii) the Secretary of Commerce;
(iii) the Secretary of Energy; and
(iv) the Secretary of the Interior.
(3) Previously undiscovered deposit.--The term ``previously
undiscovered mineral deposit'' means--
(A) a mineral deposit that has been previously evaluated by
the United States Geological Survey and found to be of low
mineral potential, but upon subsequent evaluation is
determined by the United States Geological Survey to have
significant mineral potential; or
(B) a mineral deposit that has not previously been
evaluated by the United States Geological Survey.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
Subtitle E--Ensuring Competitiveness on Federal Lands
SEC. 20501. INCENTIVIZING DOMESTIC PRODUCTION.
(a) Offshore Oil and Gas Royalty Rate.--Section 8(a)(1) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1))
is amended--
(1) in subparagraph (A), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14', and not less than 16\2/3\
percent thereafter,'' each place it appears and inserting
``not less than 12.5 percent'';
(2) in subparagraph (C), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14', and not less than 16\2/3\
percent thereafter,'' each place it appears and inserting
``not less than 12.5 percent'';
(3) in subparagraph (F), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14', and not less than 16\2/3\
percent thereafter,'' and inserting ``not less than 12.5
percent''; and
(4) in subparagraph (H), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14', and not less than 16\2/3\
percent thereafter,'' and inserting ``not less than 12.5
percent''.
(b) Mineral Leasing Act.--
(1) Onshore oil and gas royalty rates.--
(A) Lease of oil and gas land.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is amended--
(i) in subsection (b)(1)(A)--
(I) by striking ``not less than 16\2/3\'' and inserting
``not less than 12.5''; and
(II) by striking ``or, in the case of a lease issued during
the 10-year period beginning on the date of enactment of the
Act titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14', 16\2/3\ percent in amount or
value of the production removed or sold from the lease''; and
(ii) by striking ``16\2/3\ percent'' each place it appears
and inserting ``12.5 percent''.
(B) Conditions for reinstatement.--Section 31(e)(3) of the
Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by
striking ``20'' inserting ``16\2/3\''.
(2) Oil and gas minimum bid.--Section 17(b) of the Mineral
Leasing Act (30 U.S.C. 226(b)) is amended--
(A) in paragraph (1)(B), by striking ``$10 per acre during
the 10-year period beginning on the date of enactment of the
Act titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14'.'' and inserting ``$2 per acre
for a period of 2 years from the date of the enactment of the
Federal Onshore Oil and Gas Leasing Reform Act of 1987.'';
and
(B) in paragraph (2)(C), by striking ``$10 per acre'' and
inserting ``$2 per acre''.
(3) Fossil fuel rental rates.--Section 17(d) of the Mineral
Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
``(d) All leases issued under this section, as amended by
the Federal Onshore Oil and Gas Leasing Reform Act of 1987,
shall be conditioned upon payment by the lessee of a rental
of not less than $1.50 per acre per year for the first
through fifth years of the lease and not less than $2 per
acre per year for each year thereafter. A minimum royalty in
lieu of rental of not less than the rental which otherwise
would be required for that lease year shall be payable at the
expiration of each lease year beginning on or after a
discovery of oil or gas in paying quantities on the lands
leased.''.
(4) Expression of interest fee.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is further amended by repealing
subsection (q).
(5) Elimination of noncompetitive leasing.--Section 17 of
the Mineral Leasing Act (30 U.S.C. 226) is further amended--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in the first sentence, by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(II) by adding at the end ``Lands for which no bids are
received or for which the highest bid is less than the
national minimum acceptable bid shall be offered promptly
within 30 days for leasing under subsection (c) of this
section and shall remain available for leasing for a period
of 2 years after the competitive lease sale.''; and
(ii) by adding at the end the following:
``(3)(A) If the United States held a vested future interest
in a mineral estate that, immediately prior to becoming a
vested present interest, was subject to a lease under which
oil or gas was being produced, or had a well capable of
producing, in paying quantities at an annual average
production volume per well per day of either not more than 15
barrels per day of oil or condensate, or not more than 60,000
cubic feet of gas, the holder of the lease may elect to
continue the lease as a noncompetitive lease under subsection
(c)(1).
``(B) An election under this paragraph is effective--
``(i) in the case of an interest which vested after January
1, 1990, and on or before October 24, 1992, if the election
is made before the date that is 1 year after October 24,
1992;
``(ii) in the case of an interest which vests within 1 year
after October 24, 1992, if the election is made before the
date that is 2 years after October 24, 1992; and
``(iii) in any case other than those described in clause
(i) or (ii), if the election is made prior to the interest
becoming a vested present interest.'';
(B) by striking subsection (c) and inserting the following:
``(c) Lands Subject to Leasing Under Subsection (b); First
Qualified Applicant.--
``(1) If the lands to be leased are not leased under
subsection (b)(1) of this section or are not subject to
competitive leasing under subsection (b)(2) of this section,
the person first making application for the lease who is
qualified to hold a lease under this chapter shall be
entitled to a lease of such lands without competitive
bidding, upon payment of a non-refundable application fee of
at least $75. A lease under this subsection shall be
conditioned upon the payment of a royalty at a rate of 12.5
percent in amount or value of the production removed or sold
from the lease. Leases shall be issued within 60 days of the
date on which the Secretary identifies the first responsible
qualified applicant.
``(2)(A) Lands (i) which were posted for sale under
subsection (b)(1) of this section but for which no bids were
received or for which the highest bid was less than the
national minimum acceptable bid and (ii) for which, at the
end of the period referred to in subsection (b)(1) of this
section no lease has been issued and no lease application is
pending under paragraph (1) of this subsection, shall again
be available for leasing only in accordance with subsection
(b)(1) of this section.
``(B) The land in any lease which is issued under paragraph
(1) of this subsection or under subsection (b)(1) of this
section which lease terminates, expires, is cancelled or is
relinquished shall again be available for leasing only in
accordance with subsection (b)(1) of this section.''; and
(C) by striking subsection (e) and inserting the following:
``(e) Primary Term.--Competitive and noncompetitive leases
issued under this section shall be for a primary term of 10
years: Provided, however, That competitive leases issued in
special tar sand areas shall also be for a primary term of 10
years. Each such
[[Page H2010]]
lease shall continue so long after its primary term as oil or
gas is produced in paying quantities. Any lease issued under
this section for land on which, or for which under an
approved cooperative or unit plan of development or
operation, actual drilling operations were commenced prior to
the end of its primary term and are being diligently
prosecuted at that time shall be extended for two years and
so long thereafter as oil or gas is produced in paying
quantities.''.
(6) Conforming amendments.--Section 31 of the Mineral
Leasing Act (30 U.S.C. 188) is amended--
(A) in subsection (d)(1), by striking ``section 17(b)'' and
inserting ``subsection (b) or (c) of section 17 of this
Act'';
(B) in subsection (e)--
(i) in paragraph (2)--
(I) insert ``either'' after ``rentals and''; and
(II) insert ``or the inclusion in a reinstated lease issued
pursuant to the provisions of section 17(c) of this Act of a
requirement that future rentals shall be at a rate not less
than $5 per acre per year, all'' before ``as determined by
the Secretary''; and
(ii) by amending paragraph (3) to read as follows:
``(3)(A) payment of back royalties and the inclusion in a
reinstated lease issued pursuant to the provisions of section
17(b) of this Act of a requirement for future royalties at a
rate of not less than 16\2/3\ percent computed on a sliding
scale based upon the average production per well per day, at
a rate which shall be not less than 4 percentage points
greater than the competitive royalty schedule then in force
and used for royalty determination for competitive leases
issued pursuant to such section as determined by the
Secretary: Provided, That royalty on such reinstated lease
shall be paid on all production removed or sold from such
lease subsequent to the termination of the original lease;
``(B) payment of back royalties and inclusion in a
reinstated lease issued pursuant to the provisions of section
17(c) of this Act of a requirement for future royalties at a
rate not less than 16\2/3\ percent: Provided, That royalty on
such reinstated lease shall be paid on all production removed
or sold from such lease subsequent to the cancellation or
termination of the original lease; and'';
(C) in subsection (f)--
(i) in paragraph (1), strike ``in the same manner as the
original lease issued pursuant to section 17'' and insert
``as a competitive or a noncompetitive oil and gas lease in
the same manner as the original lease issued pursuant to
subsection (b) or (c) of section 17 of this Act'';
(ii) by redesignating paragraphs (2) and (3) as paragraph
(3) and (4), respectively; and
(iii) by inserting after paragraph (1) the following:
``(2) Except as otherwise provided in this section, the
issuance of a lease in lieu of an abandoned patented oil
placer mining claim shall be treated as a noncompetitive oil
and gas lease issued pursuant to section 17(c) of this
Act.'';
(D) in subsection (g), by striking ``subsection (d)'' and
inserting ``subsections (d) and (f)'';
(E) by amending subsection (h) to read as follows:
``(h) Royalty Reductions.--
``(1) In acting on a petition to issue a noncompetitive oil
and gas lease, under subsection (f) of this section or in
response to a request filed after issuance of such a lease,
or both, the Secretary is authorized to reduce the royalty on
such lease if in his judgment it is equitable to do so or the
circumstances warrant such relief due to uneconomic or other
circumstances which could cause undue hardship or premature
termination of production.
``(2) In acting on a petition for reinstatement pursuant to
subsection (d) of this section or in response to a request
filed after reinstatement, or both, the Secretary is
authorized to reduce the royalty in that reinstated lease on
the entire leasehold or any tract or portion thereof
segregated for royalty purposes if, in his judgment, there
are uneconomic or other circumstances which could cause undue
hardship or premature termination of production; or because
of any written action of the United States, its agents or
employees, which preceded, and was a major consideration in,
the lessee's expenditure of funds to develop the property
under the lease after the rent had become due and had not
been paid; or if in the judgment of the Secretary it is
equitable to do so for any reason.'';
(F) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(G) by inserting after subsection (e) the following:
``(f) Issuance of Noncompetitive Oil and Gas Lease;
Conditions.--Where an unpatented oil placer mining claim
validly located prior to February 24, 1920, which has been or
is currently producing or is capable of producing oil or gas,
has been or is hereafter deemed conclusively abandoned for
failure to file timely the required instruments or copies of
instruments required by section 1744 of title 43, and it is
shown to the satisfaction of the Secretary that such failure
was inadvertent, justifiable, or not due to lack of
reasonable diligence on the part of the owner, the Secretary
may issue, for the lands covered by the abandoned unpatented
oil placer mining claim, a noncompetitive oil and gas lease,
consistent with the provisions of section 17(e) of this Act,
to be effective from the statutory date the claim was deemed
conclusively abandoned. Issuance of such a lease shall be
conditioned upon:
``(1) a petition for issuance of a noncompetitive oil and
gas lease, together with the required rental and royalty,
including back rental and royalty accruing from the statutory
date of abandonment of the oil placer mining claim, being
filed with the Secretary- (A) with respect to any claim
deemed conclusively abandoned on or before January 12, 1983,
on or before the one hundred and twentieth day after January
12, 1983, or (B) with respect to any claim deemed
conclusively abandoned after January 12, 1983, on or before
the one hundred and twentieth day after final notification by
the Secretary or a court of competent jurisdiction of the
determination of the abandonment of the oil placer mining
claim;
``(2) a valid lease not having been issued affecting any of
the lands covered by the abandoned oil placer mining claim
prior to the filing of such petition: Provided, however, That
after the filing of a petition for issuance of a lease under
this subsection, the Secretary shall not issue any new lease
affecting any of the lands covered by such abandoned oil
placer mining claim for a reasonable period, as determined in
accordance with regulations issued by him;
``(3) a requirement in the lease for payment of rental,
including back rentals accruing from the statutory date of
abandonment of the oil placer mining claim, of not less than
$5 per acre per year;
``(4) a requirement in the lease for payment of royalty on
production removed or sold from the oil placer mining claim,
including all royalty on production made subsequent to the
statutory date the claim was deemed conclusively abandoned,
of not less than 12\1/2\ percent; and
``(5) compliance with the notice and reimbursement of costs
provisions of paragraph (4) of subsection (e) but addressed
to the petition covering the conversion of an abandoned
unpatented oil placer mining claim to a noncompetitive oil
and gas lease.''.
Subtitle F--Energy Revenue Sharing
SEC. 20601. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.
(a) Distribution of Outer Continental Shelf Revenue to Gulf
Producing States.--Section 105 of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``50'' and inserting
``37.5''; and
(B) in paragraph (2)--
(i) by striking ``50'' and inserting ``62.5'';
(ii) in subparagraph (A), by striking ``75'' and inserting
``80''; and
(iii) in subparagraph (B), by striking ``25'' and inserting
``20''; and
(2) by striking subsection (f) and inserting the following:
``(f) Treatment of Amounts.--Amounts disbursed to a Gulf
producing State under this section shall be treated as
revenue sharing and not as a Federal award or grant for the
purposes of part 200 of title 2, Code of Federal
Regulations.''.
(b) Exemption of Certain Payments From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1-651).'' the
following:
``Payments to States pursuant to section 105(a)(2)(A) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432; 43 U.S.C. 1331 note) (014-5535-0-2-302).''.
(2) Applicability.--The amendment made by this subsection
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
SEC. 20602. PARITY IN OFFSHORE WIND REVENUE SHARING.
(a) Payments and Revenues.--Section 8(p)(2) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is
amended--
(1) in subparagraph (A), by striking ``(A) The Secretary''
and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and (C),
the Secretary'';
(2) in subparagraph (B), by striking ``(B) The Secretary''
and inserting the following:
``(B) Disposition of revenues for projects located within 3
nautical miles seaward of state submerged land.--The
Secretary''; and
(3) by adding at the end the following:
``(C) Disposition of revenues for offshore wind projects in
certain areas.--
``(i) Definitions.--In this subparagraph:
``(I) Covered offshore wind project.--The term `covered
offshore wind project' means a wind powered electric
generation project in a wind energy area on the outer
Continental Shelf that is not wholly or partially located
within an area subject to subparagraph (B).
``(II) Eligible state.--The term `eligible State' means a
State a point on the coastline of which is located within 75
miles of the geographic center of a covered offshore wind
project.
``(III) Qualified outer continental shelf revenues.--The
term `qualified outer Continental Shelf revenues' means all
royalties, fees, rentals, bonuses, or other payments from
covered offshore wind projects carried out pursuant to this
subsection on or after the date of enactment of this
subparagraph.
``(ii) Requirement.--
[[Page H2011]]
``(I) In general.--The Secretary of the Treasury shall
deposit--
``(aa) 12.5 percent of qualified outer Continental Shelf
revenues in the general fund of the Treasury;
``(bb) 37.5 percent of qualified outer Continental Shelf
revenues in the North American Wetlands Conservation Fund;
and
``(cc) 50 percent of qualified outer Continental Shelf
revenues in a special account in the Treasury from which the
Secretary shall disburse to each eligible State an amount
determined pursuant to subclause (II).
``(II) Allocation.--
``(aa) In general.--Subject to item (bb), for each fiscal
year beginning after the date of enactment of this
subparagraph, the amount made available under subclause
(I)(cc) shall be allocated to each eligible State in amounts
(based on a formula established by the Secretary by
regulation) that are inversely proportional to the respective
distances between the point on the coastline of each eligible
State that is closest to the geographic center of the
applicable leased tract and the geographic center of the
leased tract.
``(bb) Minimum allocation.--The amount allocated to an
eligible State each fiscal year under item (aa) shall be at
least 10 percent of the amounts made available under
subclause (I)(cc).
``(cc) Payments to coastal political subdivisions.--
``(AA) In general.--The Secretary shall pay 20 percent of
the allocable share of each eligible State, as determined
pursuant to item (aa), to the coastal political subdivisions
of the eligible State.
``(BB) Allocation.--The amount paid by the Secretary to
coastal political subdivisions under subitem (AA) shall be
allocated to each coastal political subdivision in accordance
with subparagraphs (B) and (C) of section 31(b)(4) of this
Act.
``(iii) Timing.--The amounts required to be deposited under
subclause (I) of clause (ii) for the applicable fiscal year
shall be made available in accordance with such subclause
during the fiscal year immediately following the applicable
fiscal year.
``(iv) Authorized uses.--
``(I) In general.--Subject to subclause (II), each eligible
State shall use all amounts received under clause (ii)(II) in
accordance with all applicable Federal and State laws, only
for 1 or more of the following purposes:
``(aa) Projects and activities for the purposes of coastal
protection and resiliency, including conservation, coastal
restoration, estuary management, beach nourishment, hurricane
and flood protection, and infrastructure directly affected by
coastal wetland losses.
``(bb) Mitigation of damage to fish, wildlife, or natural
resources, including through fisheries science and research.
``(cc) Implementation of a federally approved marine,
coastal, or comprehensive conservation management plan.
``(dd) Mitigation of the impact of outer Continental Shelf
activities through the funding of onshore infrastructure
projects.
``(ee) Planning assistance and the administrative costs of
complying with this section.
``(ff) Infrastructure improvements at ports, including
modifications to Federal navigation channels, to support
installation of offshore wind energy projects.
``(II) Limitation.--Of the amounts received by an eligible
State under clause (ii)(II), not more than 3 percent shall be
used for the purposes described in subclause (I)(ee).
``(v) Administration.--Subject to clause (vi)(III), amounts
made available under items (aa) and (cc) of clause (ii)(I)
shall--
``(I) be made available, without further appropriation, in
accordance with this subparagraph;
``(II) remain available until expended; and
``(III) be in addition to any amount appropriated under any
other Act.
``(vi) Reporting requirement.--
``(I) In general.--Not later than 180 days after the end of
each fiscal year, the Governor of each eligible State that
receives amounts under clause (ii)(II) for the applicable
fiscal year shall submit to the Secretary a report that
describes the use of the amounts by the eligible State during
the period covered by the report.
``(II) Public availability.--On receipt of a report
submitted under subclause (I), the Secretary shall make the
report available to the public on the website of the
Department of the Interior.
``(III) Limitation.--If the Governor of an eligible State
that receives amounts under clause (ii)(II) fails to submit
the report required under subclause (I) by the deadline
specified in that subclause, any amounts that would otherwise
be provided to the eligible State under clause (ii)(II) for
the succeeding fiscal year shall be deposited in the
Treasury.
``(vii) Treatment of amounts.--Amounts disbursed to an
eligible State under this subsection shall be treated as
revenue sharing and not as a Federal award or grant for the
purposes of part 200 of title 2, Code of Federal
Regulations.''.
(b) Wind Lease Sales for Areas of the Outer Continental
Shelf Offshore of Territories of the United States.--Section
33 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356c)
is amended by adding at the end the following:
``(b) Wind Lease Sale Procedure.--Any wind lease granted
pursuant to this section shall be considered a wind lease
granted under section 8(p), including for purposes of the
disposition of revenues pursuant to subparagraphs (B) and (C)
of section 8(p)(2).''.
(c) Exemption of Certain Payments From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1-651).'' the
following:
``Payments to States pursuant to subparagraph
(C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
(2) Applicability.--The amendment made by this subsection
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
SEC. 20603. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE
MINERAL LEASING ACT.
(a) In General.--Section 35 of the Mineral Leasing Act (30
U.S.C. 191) is amended--
(1) in subsection (a), in the first sentence, by striking
``and, subject to the provisions of subsection (b),'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in paragraph (3)(B)(ii) of subsection (b) (as so
redesignated), by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(5) in paragraph (3)(A)(ii) of subsection (c) (as so
redesignated), by striking ``subsection (c)(2)(B)'' and
inserting ``subsection (b)(2)(B)''.
(b) Conforming Amendments.--
(1) Section 6(a) of the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 355(a)) is amended--
(A) in the first sentence, by striking ``Subject to the
provisions of section 35(b) of the Mineral Leasing Act (30
U.S.C. 191(b)), all'' and inserting ``All''; and
(B) in the second sentence, by striking ``of the Act of
February 25, 1920 (41 Stat. 450; 30 U.S.C. 191),'' and
inserting ``of the Mineral Leasing Act (30 U.S.C. 191)''.
(2) Section 20(a) of the Geothermal Steam Act of 1970 (30
U.S.C. 1019(a)) is amended, in the second sentence of the
matter preceding paragraph (1), by striking ``the provisions
of subsection (b) of section 35 of the Mineral Leasing Act
(30 U.S.C. 191(b)) and section 5(a)(2) of this Act'' and
inserting ``section 5(a)(2)''.
(3) Section 205(f) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
(A) in the first sentence, by striking ``this Section'' and
inserting ``this section''; and
(B) by striking the fourth, fifth, and sixth sentences.
SEC. 20604. SUNSET.
This subtitle, and the amendments made by this subtitle,
shall cease to have effect on September 30, 2032, and on such
date the provisions of law amended by this subtitle shall be
restored or revived as if this subtitle had not been enacted.
TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
SEC. 30001. SHORT TITLE.
This title may be cited as the ``Water Quality
Certification and Energy Project Improvement Act of 2023''.
SEC. 30002. CERTIFICATION.
Section 401 of the Federal Water Pollution Control Act (33
U.S.C. 1341) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``may result'' and
inserting ``may directly result'';
(ii) in the second sentence, by striking ``activity'' and
inserting ``discharge'';
(iii) in the third sentence, by striking ``applications''
each place it appears and inserting ``requests'';
(iv) in the fifth sentence, by striking ``act on'' and
inserting ``grant or deny''; and
(v) by inserting after the fourth sentence the following:
``Not later than 30 days after the date of enactment of the
Water Quality Certification and Energy Project Improvement
Act of 2023, each State and interstate agency that has
authority to give such a certification, and the
Administrator, shall publish requirements for certification
to demonstrate to such State, such interstate agency, or the
Administrator, as the case may be, compliance with the
applicable provisions of sections 301, 302, 303, 306, and
307. A decision to grant or deny a request for certification
shall be based only on the applicable provisions of sections
301, 302, 303, 306, and 307, and the grounds for the decision
shall be set forth in writing and provided to the applicant.
Not later than 90 days after receipt of a request for
certification, the State, interstate agency, or
Administrator, as the case may be, shall identify in writing
all specific additional materials or information that are
necessary to grant or deny the request.'';
(B) in paragraph (2)--
(i) in the second sentence, by striking ``notice of
application for such Federal license or permit'' and
inserting ``receipt of a notice under the preceding
sentence'';
(ii) in the third sentence, by striking ``any water quality
requirement'' and inserting ``any applicable provision of
section 301, 302, 303, 306, or 307'';
(iii) in the fifth sentence, by striking ``insure
compliance with applicable water quality requirements.'' and
inserting ``ensure compliance with the applicable provisions
of sections 301, 302, 303, 306, and 307.'';
[[Page H2012]]
(iv) in the final sentence, by striking ``insure'' and
inserting ``ensure''; and
(v) by striking the first sentence and inserting ``On
receipt of a request for certification, the certifying State
or interstate agency, as applicable, shall immediately notify
the Administrator of the request.'';
(C) in paragraph (3), in the second sentence, by striking
``section'' and inserting ``any applicable provision of
section'';
(D) in paragraph (4)--
(i) in the first sentence, by striking ``applicable
effluent limitations or other limitations or other applicable
water quality requirements will not be violated'' and
inserting ``no applicable provision of section 301, 302, 303,
306, or 307 will be violated'';
(ii) in the second sentence, by striking ``will violate
applicable effluent limitations or other limitations or other
water quality requirements'' and inserting ``will directly
result in a discharge that violates an applicable provision
of section 301, 302, 303, 306, or 307,''; and
(iii) in the third sentence, by striking ``such facility or
activity will not violate the applicable provisions'' and
inserting ``operation of such facility or activity will not
directly result in a discharge that violates any applicable
provision''; and
(E) in paragraph (5), by striking ``the applicable
provisions'' and inserting ``any applicable provision'';
(2) in subsection (d), by striking ``any applicable
effluent limitations and other limitations, under section 301
or 302 of this Act, standard of performance under section 306
of this Act, or prohibition, effluent standard, or
pretreatment standard under section 307 of this Act, and with
any other appropriate requirement of State law set forth in
such certification, and'' and inserting ``the applicable
provisions of sections 301, 302, 303, 306, and 307, and any
such limitations or requirements''; and
(3) by adding at the end the following:
``(e) For purposes of this section, the applicable
provisions of sections 301, 302, 303, 306, and 307 are any
applicable effluent limitations and other limitations, under
section 301 or 302, standard of performance under section
306, prohibition, effluent standard, or pretreatment standard
under section 307, and requirement of State law implementing
water quality criteria under section 303 necessary to support
the designated use or uses of the receiving navigable
waters.''.
SEC. 30003. FEDERAL GENERAL PERMITS.
Section 402(a) of the Federal Water Pollution Control Act
(33 U.S.C. 1342(a)) is amended by adding at the end the
following:
``(6)(A) The Administrator is authorized to issue general
permits under this section for discharges of similar types
from similar sources.
``(B) The Administrator may require submission of a notice
of intent to be covered under a general permit issued under
this section, including additional information that the
Administrator determines necessary.
``(C) If a general permit issued under this section will
expire and the Administrator decides not to issue a new
general permit for discharges similar to those covered by the
expiring general permit, the Administrator shall publish in
the Federal Register a notice of such decision at least two
years prior to the expiration of the general permit.
``(D) If a general permit issued under this section expires
and the Administrator has not published a notice in
accordance with subparagraph (C), until such time as the
Administrator issues a new general permit for discharges
similar to those covered by the expired general permit, the
Administrator shall--
``(i) continue to apply the terms, conditions, and
requirements of the expired general permit to any discharge
that was covered by the expired general permit; and
``(ii) apply such terms, conditions, and requirements to
any discharge that would have been covered by the expired
general permit (in accordance with any relevant requirements
for such coverage) if the discharge had occurred before such
expiration.''.
DIVISION E--INCREASE IN DEBT LIMIT
SEC. 40001. LIMITED SUSPENSION OF DEBT CEILING.
(a) Suspension.--Section 3101(b) of title 31, United States
Code, shall not apply during the period beginning on the date
of the enactment of this Act and ending on the applicable
date.
(b) Dollar Limitation on Suspension.--Subsection (a) shall
not apply to the extent that the application of such
subsection would result in the face amount of obligations
subject to limitation under section 3101(b) of title 31,
United States Code, to exceed the sum of--
(1) the dollar limitation in effect under such section on
the date of the enactment of this Act, increased by
(2) $1,500,000,000,000.
(c) Applicable Date.--For purposes of this section, the
term ``applicable date'' means the earlier of--
(1) March 31, 2024, or
(2) the first date on which subsection (a) does not apply
by reason of subsection (b).
(d) Special Rule Relating to Obligations Issued During
Suspension Period.--Effective as of the close of the
applicable date, the dollar limitation in section 3101(b) of
title 31, United States Code, is increased to the extent
that--
(1) the face amount of obligations subject to limitation
under such section outstanding as of the close of the
applicable date, exceeds
(2) the face amount of such obligations outstanding on the
date of the enactment of this Act.
An obligation shall not be taken into account under paragraph
(1) unless the issuance of such obligation was necessary to
fund a commitment incurred by the Federal Government that
required payment on or before the applicable date.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
2 hours, equally divided among and controlled by the chair and ranking
minority member of the Committee on the Budget or their respective
designees, and the chair and ranking minority member of the Committee
on Ways and Means or their respective designees.
The gentleman from Texas (Mr. Arrington), the gentleman from
Pennsylvania (Mr. Boyle), the gentleman from Missouri (Mr. Smith), and
the gentleman from Massachusetts (Mr. Neal) each will control 30
minutes.
The Chair recognizes the gentleman from Texas (Mr. Arrington).
General Leave
Mr. ARRINGTON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and insert extraneous material in the Record on the bill, H.R. 2811.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. ARRINGTON. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H.R. 2811, the Limit, Save,
Grow Act.
Over the last 2 years, President Biden has financed his radical
agenda and vast expansion of the Federal Government with an
unprecedented $10 trillion in spending, $6 trillion of which has been
added to our national debt, the highest level of deficit spending in
the history of America.
This unbridled spending spree has resulted in sustained record
inflation, soaring interest rates, an economy in a recessionary
tailspin, and a nation on the brink of a catastrophic debt crisis.
Mr. Speaker, the fiscal state of the Nation is bleak; our national
debt is unsustainable; and the outlook grows more uncertain every day.
For 100 years, the debt ceiling has served as a check on our
accumulating debt and its impact on the financial health of our Nation.
No responsible leader can look at the rapid deterioration of our
balance sheet and the unsustainability of our deficit spending and
stand idly by defending the status quo.
Mr. Speaker, this isn't a Republican problem, and it is not a
Democrat problem. It is America's problem, and it is a mathematical
reality that requires real leadership from both sides of the aisle
before it is too late.
House Republicans' debt ceiling proposal is an important first step
to getting our fiscal house in order and a good faith effort to bring
the President to the negotiating table.
Our plan will reduce deficit spending, save taxpayers $4.8 trillion,
and begin extinguishing the flames of our current cost-of-living
crisis.
First, we limit Federal spending by reining in and rightsizing the
Federal bureaucracy. Our bill will reduce FY24 discretionary spending
levels by 9 percent, $130 billion, returning us to the same spending
levels we were operating under just 4 months ago.
Going forward, we will cap the growth of discretionary spending by 1
percent annually over the next 10 years, reducing wasteful Washington
spending by over $3 trillion.
Mr. Speaker, put simply, this bill would require Washington to do
what every American has been forced to do as a result of Biden's
spending-induced inflation: tighten our belts and change our spending
habits.
Second, we save taxpayer dollars by reversing some of the Democrats'
reckless spending, reclaiming tens of billions in unspent COVID funds,
defunding the President's army of 87,000 IRS agents, repealing special
interest tax breaks for the largest green energy corporations, and
rescinding President Biden's unconstitutional student loan bailout.
Third, this legislation will grow the economy by returning to pro-
work, pro-growth, and pro-energy policies that will unleash American
prosperity once again. It stops the assault on U.S. energy production
and restores American energy dominance. It reins in Biden's
unprecedented barrage of regulations. It breaks the cycle of poverty
[[Page H2013]]
and government dependence for generations of Americans by restoring
commonsense, Clinton-era work requirements for able-bodied adults.
Mr. Speaker, it is time to get America back to work, turn this
economy loose, and let the tide of prosperity lift all boats.
We have put forward a plan worthy of the people we serve. Now, we
must put aside political small-mindedness and rise to meet the enormous
challenge facing our great Nation.
If we fail to meet this moment, then we risk being the first
generation in history to leave our children a weaker America with fewer
opportunities and a lower standard of living.
Let me be clear. We will pay our creditors, and we will protect the
good faith and credit of the United States, but we will not give this
President or any politician a blank check to bankrupt our country.
Mr. Speaker, this is where the reckless spending stops. This is where
we speak up for our children. This is where we fight together to save
our country.
Mr. Speaker, I urge all of my colleagues to support H.R. 2811, and I
reserve the balance of my time.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, my friends on the other side of the aisle will claim
they are being ``fiscally responsible.'' Let's be clear. There never
has been and never will be anything fiscally responsible about refusing
to pay America's bills. Killing millions of jobs is also not fiscally
responsible. Neither is knowingly unleashing a recession.
That is why even former President Trump said: ``I can't imagine
anybody ever even thinking of using the debt ceiling as a negotiating
[tool].''
Now, I had hoped that when the Speaker referred to the budget process
and debt ceiling as ``apples and oranges,'' it meant my friends on the
other side finally understood the real-world ramifications of their
reckless brinkmanship, yet here we are.
{time} 1430
Republicans' DOA act, the default on America act, will cut
investments, crush job creation, and crash the economy.
Their default on America act must be DOA. There is no way Congress
will agree to 10 years of destructive caps and the biggest single cut
to nondefense programs in American history.
For what? In exchange for a few months of respite before we would
have to go through this debt ceiling roller coaster all over again.
Mr. Speaker, when the American people hear what I just said, the
biggest single cut to nondefense programs in the history of the
American Government, they might be wondering what exactly that means.
Well, here are some specifics:
First, in total, we are talking about an immediate cut of at least
$142 billion.
That would mean, for example, public safety. After recent near-
misses, under this bill, 125 air traffic control towers would be shut
down, impacting one-third of all airports. Following the disastrous
derailments in eastern Ohio and West Virginia, rail safety jobs would
be dramatically reduced, with 11,000 fewer safety inspection days and
30,000 fewer miles of track inspected annually.
Our communities would be less safe with the cut of Federal support to
60 local law enforcement agencies, 300 to 400 fewer local law
enforcement positions, as well as approximately 11,000 fewer FBI
personnel.
On health, amid a mental health and overdose crisis, nearly 1 million
people facing a suicidal or mental health crisis would be unable to
access support services through the 988 suicide and crisis lifeline,
and tens of thousands of individuals could be denied admission to
opioid use disorder treatment.
In terms of families and nutrition, with the looming rise of food
insecurity, nutrition services such as Meals on Wheels would be cut for
more than 1 million seniors.
How can we allow this to happen?
We simply cannot and must not.
Now, many of us on this side of the aisle who will be speaking will
detail even more of the cuts that are included in this DOA, default on
America act, but for now, Mr. Speaker, I reserve the balance of my
time.
Mr. ARRINGTON. Mr. Speaker, the last time we had a significant fiscal
reform it came through debt ceiling negotiations that were led by no
other than President Joe Biden in 2011.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from New York
(Mr. Lawler), my good friend.
Mr. LAWLER. Mr. Speaker, throughout this debate, I have had three
basic parameters: The President and the majority leader must negotiate
with the Speaker. We must cut spending. And we must not default.
This bill, the Limit, Save, Grow Act, is a beginning and puts the
President and Senate majority leader on notice: The days of one-party
rule are over. The American people elected a House Republican majority
to serve as a check and balance on the reckless, out-of-control
spending that was the hallmark of the last 2 years: $5 trillion in new
spending, $10 trillion total, a 41-year record high on inflation,
skyrocketing energy costs, America saddled with over $31 trillion in
debt and counting.
It cannot continue.
This bill would save Americans $4.8 trillion over the next decade. It
would restore FY22 spending, which every Democrat previously voted for
and supported.
If it was good 4 months ago, why is it not today?
It would cap future spending at 1 percent per year. It would claw
back billions in unspent COVID funds, which the President has
acknowledged COVID is now over. It would stop the hiring of 87,000 new
IRS agents and employees. It would restore work requirements on able-
bodied Americans, requirements previously championed by President Joe
Biden and President Bill Clinton. Finally, it would unleash American
energy, increasing domestic production while reducing costs for
consumers and ending our reliance on foreign oil.
Simply put, we cannot continue to borrow and print new money at the
levels this administration has. Republicans and Democrats must come
together to rein in spending, protect vital programs like Social
Security and Medicare, reduce inflation, and avoid default.
The SPEAKER pro tempore (Mr. Carl). The time of the gentleman has
expired.
Mr. ARRINGTON. Mr. Speaker, I yield an additional 20 seconds to the
gentleman from New York.
Mr. LAWLER. Mr. Speaker, this bill begins the conversation, and
President Biden and Senator Schumer must now come to the negotiating
table and work with Speaker McCarthy in good faith to move our country
forward and restore fiscal sanity and solvency.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 2 minutes to the
gentlewoman from California (Ms. Pelosi), Speaker Emerita of the House.
Ms. PELOSI. Mr. Speaker, I thank Mr. Boyle and Mr. Richie Neal for
their leadership in bringing our side of the story to this.
And what is that?
I thank the Republicans for the clarity with which they have put
forth their default on America act because their default on America act
will do just this.
When you vote for this bill, you will vote to:
Put veterans' healthcare at risk, eliminating up to 30 million
healthcare visits for our veterans.
Slash Pell grants for tens of thousands of students.
Rip away food assistance for women, infants, and children, a million
of them, a million seniors off of Meals on Wheels.
Pollute the planet by overturning what we did to save the planet with
green tax credits in the Inflation Reduction Act.
Cut $8 billion in law enforcement from State, local, and Federal law
enforcement, pulling cops off the street, and up to 700,000 fewer jobs
to be created.
Certainly, we negotiate over the appropriations bills. I am an
appropriator, and for 20 years I have been in 19 engagements of the
debt ceiling kind. Whether we lift the debt ceiling is a question of
whether we honor the Constitution that says the full faith and credit
of America shall not be in doubt.
When you use that as a wedge, as President Trump admonished you not
to, you are placing in doubt our credit rating and what that means to
American people on their credit card bills
[[Page H2014]]
and at the kitchen table. You are playing with fire.
We have been down this road before. When the former President was
President, three times we lifted the debt ceiling, never placing in
doubt the full faith and credit of the United States of America.
Mr. Speaker, I urge a ``no'' vote.
Mr. ARRINGTON. Mr. Speaker, I yield myself such time as I may
consume.
When President Biden negotiated the fiscal reforms in the debt
ceiling in 2011, he said he was pleased and thankful to do it. He
called it a normal process. He said that you have got to compromise,
didn't like the my-way-or-the-highway approach, and said it was a great
honor. I hope he shares those sentiments today and soon.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from the
Commonwealth of Pennsylvania (Mr. Meuser).
Mr. MEUSER. Mr. Speaker, I thank my good friend from Texas, the
chairman of the Budget Committee.
Mr. Speaker, we are debating a bill to accomplish goals, goals of
equal importance: Pay the Nation's debts and begin a discussion with a
plan so that we demonstrate to the American people that we in this
House will rein in the astronomically excessive spending of the past 3
years.
Mr. Speaker, the American people deserve and demand that we do this.
It is right and just. We must pay our Nation's debts. The American
people don't want to see the excesses continue. That sentiment is
pervasive.
Over the past 3 years, we have increased our national debt by almost
$12 trillion. Some was due to COVID, most due to ideology and complete
lack of fiscal restraint.
Mr. Speaker, our plan pays our Nation's debts, and we must, as well,
limit Federal excesses moving forward back to 2022 levels. We are not
talking about going into disasters here, 2022 levels with increases
moving forward. It saves money by largely reclaiming COVID funds--COVID
is over; those funds are available; they should be reclaimed--and by
creating growth initiatives, which we must have, Mr. Speaker, in order
to compete globally and assure the American Dream stays alive for our
children. The White House and this House must cooperate and do what is
right and just.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I remind my fellow
Pennsylvanian, as well as all the Members of this House, that according
to Moody's Analytics, the legislation that is in front of us ``would
meaningfully increase the likelihood of recession.'' And lead to
800,000 job losses by the end of 2024.
Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr.
Scott), the ranking member of the Education and the Workforce
Committee.
Mr. SCOTT of Virginia. Mr. Speaker, I rise today to oppose the
reckless default on our debt act.
Unfortunately, those on the other side of the aisle have taken the
full faith and credit of the United States hostage and have offered a
terrible deal for the American people. Either they will inflict cruel
cuts on vital programs for working families or they will destroy the
economy.
Earlier this week, as has been pointed out, this plan was evaluated
by Moody's Analytics, and they confirmed that almost 800,000 jobs will
be lost. When they say the cuts aren't that bad, tell that to 200,000
children who will lose access to Head Start, 100,000 parents who will
lose access to childcare, the 26 million students who are in title I
schools who will get cuts in funding, or 6.6 million students who will
lose money in Pell grants, or the tens of millions who will lose the
funding for the student debt relief that has been promised.
These spending cuts are necessary, frankly, to pay for the Republican
tax cuts that weren't paid for at the time. Eighty percent of the Trump
tax cuts were scheduled to go to the top 1 percent and corporations,
and now we are going to pay for them with cuts to education,
healthcare, veterans' programs, and others.
I get tired of being lectured by the Republicans when it comes to
fiscal responsibility because we know that every Republican
Presidential administration since Nixon has left office with a worse
deficit situation than they inherited, and every Democratic
administration since Kennedy has left office with a better deficit
situation than they inherited.
Democrats are ready to act to prevent a devastating economic default,
just as we did three times under the Trump administration with little
fanfare. President Biden and Democrats have already significantly cut
the deficit, and we are willing to do more, but we want to do it in a
way that is responsible and helps families. This bill hurts families,
and we need to oppose the bill.
Mr. ARRINGTON. Mr. Speaker, the Republican tax cuts gave us
unprecedented growth and prosperity. It lifted 6 million people out of
poverty and created the lowest poverty rate in the history of our great
Nation. President Biden's budget recently has the highest levels of
sustained spending, borrowing, and taxes in the history of the country.
Mr. Speaker, I yield 2 minutes to the gentlewoman from North Carolina
(Ms. Foxx), my dear friend and a champion of fiscal responsibility.
Ms. FOXX. Mr. Speaker, I thank my colleague from Texas for yielding
and for his wonderful work on this package.
Mr. Speaker, America's position as the most trusted line of credit in
the world is at stake. In other words, our reputation is at stake.
Republicans' commonsense proposal, the Limit, Save, Grow Act,
recognizes the twin interests of avoiding defaulting on our debt while
reining in future inflationary spending.
Yet, the President has signaled that he will stall, he will risk, and
he will forbid paying our debt obligations if he doesn't get his way.
He refuses to compromise.
{time} 1445
One such compromise, which falls within the jurisdiction of the
Committee on Education and the Workforce, includes blocking the
President from spending half a trillion dollars to provide backdoor
free college.
The Limit, Save, Grow Act would nullify the President's plan to
transfer up to $20,000 per borrower onto the backs of blue-collar
Americans, as well as his radical income-driven repayment plan, which
would turn student loans into untargeted grants and cost more than any
other regulation in our Nation's history.
If the President's student loan scheme is enacted, taxpayers could
end up spending almost $1 trillion since the beginning of the pandemic.
Our solution preserves the fiscal integrity of our Nation for
Americans today and the generation tomorrow. It offers a promise to the
American public that we will not pursue trillion-dollar policies that
risk our financial future.
Mr. Speaker, we ask the President to come to the negotiating table
and quit pursuing brinkmanship over partisanship.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Connecticut (Ms. DeLauro), the ranking member of the
Appropriations Committee.
Ms. DeLAURO. Mr. Speaker, preventing default is an obligation that
Congress has. My Republican colleagues are holding our economy hostage,
linking it to the annual process of funding the critical programs that
serve American families and veterans.
The price of averting a catastrophic default is drastic cuts to these
programs now and severe caps for the next 10 years.
Republicans claim that veterans' healthcare would be protected. That
is not the case. For 6 hours during the Rules Committee meeting last
night, I told House Republicans that veterans had no protections
whatsoever in their debt default bill.
Given the look on their faces, I believe I was the one to inform them
of the immediate $2 billion rescission that robs veterans of timely
access to healthcare services. I do not think they know what it is in
their own bill.
You know what they did after 6 hours of debate? Nothing for veterans.
You know what they did after hearing from dozens of veteran and
military service organizations about the lack of protections in the
bill? Nothing for veterans.
In the middle of the night, they made last-minute changes to win over
Republican holdouts. You know what they did after going back to the
drawing board?
Nothing for veterans. Nothing to fix the $2 billion rescission.
Nothing to protect veterans from a 22 percent cut.
[[Page H2015]]
Nothing to maintain our commitment to veterans who have been exposed
to burn pits, Agent Orange, and other toxic substances.
This is shameful. This default and cuts bill should not even come to
this floor for a vote. Our veterans sacrificed for us. We owe them the
benefits that they have already earned.
I urge my colleagues to vote ``no'' on this bill and vote ``yes'' for
veterans. By voting ``no,'' you say ``yes'' to veterans.
Mr. ARRINGTON. Mr. Speaker, my colleagues act like there are no
alternatives for funding cuts and savings, like there is no waste,
woke, and bloat in the Federal Government.
The President himself has issued 800 executive orders totaling $1.5
trillion. One of those items is the student loan bailout that benefits
two out of three highest income earners in our country. It is costing
taxpayers $700 billion.
Mr. Speaker, I yield 90 seconds to the gentleman from Virginia (Mr.
Good), my dear friend and colleague on the Budget Committee.
Mr. GOOD of Virginia. Mr. Speaker, I rise in support of reducing
Federal spending, at long last. Democrats would never willingly agree
to cut spending as evidenced by--what did the President just propose--a
record $7 trillion budget with a record $2 trillion deficit, if that
plan were ever to see the light of day.
We are going to utilize this opportunity, this debt ceiling limit
being reached, to negotiate or to force, finally, some fiscal
responsibility and some cuts to our spending.
President Biden and my friends across the aisle want to continue to
exceed America's credit card limit without any consideration of how or
why we got here.
If an individual spent the way this Federal Government spends, they
would be in jail. Think about it. Spending money that is not yours.
Writing checks when you know the funds aren't there. What would you
call that?
The Limit, Save, Grow Act is the solution to shrink Washington and
grow America. Immediate up-front cuts and spending reforms saving over
$500 billion in 2 years and nearly $5 trillion over 10 years;
rescinding the unspent COVID funds; eliminating the student loan
transfer scheme; eliminating the $80 billion for the weaponized IRS;
eliminating climate reckless environmental funding, and capping growth
at 1 percent each year.
I urge all of my colleagues to vote in favor of this proposal to put
us on a path to fiscal stability.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 2 minutes to the
gentleman from Arizona (Mr. Grijalva), the ranking member of the
Natural Resources Committee.
Mr. GRIJALVA. Mr. Speaker, I thank the gentleman for yielding time.
Mr. Speaker, the default on America act is foolish. It is harmful. It
is a harmful piece of legislation offered to appease the Republican
Party's most extreme fringe.
The Republicans' plan to handle the debt limit is not a plan at all.
It is a ransom note that threatens aggressively to take our country
backward, and everybody loses.
Either Republicans force default, which results in skyrocketing
student loans, veterans losing out on hard-earned benefits, and
countless other incomprehensible effects that will hit the most
vulnerable the hardest but will hit working-class folks and middle-
class folks hard, as well.
Republicans can enact their tone-deaf economic agenda, giving a huge
windfall to billionaires and oil barons, while cutting food assistance
to poor families, children, and older people.
If Republicans had their way, they would strip our communities of the
right to fight back against polluting industries while padding Big
Oil's pockets.
They cut funding for climate science while reversing the progress the
Democrats have made on clean energy. They do absolutely nothing to
address emissions.
In fact, they give companies free passes to pollute while cutting
funding to fight wildfires and provide drought relief.
They say they will help American families, but it slashes already
underfunded Tribal education programs and Indian child welfare
programs. Their budget would make it harder to tackle wildfires and
drought in the West.
This bill is not what the American people want. Our communities want
clean air and clean water. They want to be able to put food on the
table. They want good, stable jobs, and they want the Federal
Government to face climate change head on.
I urge my colleagues to stand up against the default on America act.
Vote ``no.''
Mr. ARRINGTON. Mr. Speaker, you are going to hear about a number of
vulnerable people, communities that get Federal funding, but you will
not hear, I bet, anything about the most vulnerable group of people in
this country, and that is the next generation of Americans who will
inherit $31 trillion in debt, the highest levels of indebtedness in our
Nation's history.
Where are they in this debate? That is the big question. Who is
speaking up for them? That is a big question. I know my colleague will.
Mr. Speaker, I yield 1 minute to the gentlewoman from Oklahoma (Mrs.
Bice).
Mrs. BICE. Mr. Speaker, I rise today in support of the Limit, Save,
Grow Act of 2023.
Like any family, Republicans are proposing living within our means,
not continuing to rack up a balance on American taxpayers' credit card.
In contrast, President Biden has unilaterally spent $1.5 trillion on
over 800 executive actions.
My colleagues want to quote the former President. Let me quote
President Biden; a direct quote from 2012. He said securing a deal with
Republicans was a ``great honor.'' He hasn't bothered to come to the
negotiating table, Mr. Speaker. What has changed?
The three main pillars of this legislation will benefit hardworking
Americans by limiting Federal spending, saving taxpayer dollars, and
growing the economy.
I am especially pleased to see key energy provisions included in this
package. The best way to lower prices is to cut spending and unleash
American energy, allowing States like Oklahoma to power our Nation.
Cutting bureaucratic red tape is especially important for energy
producers who have dealt with stifling regulations at the hands of
President Biden.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. ARRINGTON. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from Oklahoma.
Mrs. BICE. Mr. Speaker, America is $31 trillion in debt, and the
American people are demanding solutions. The White House says, show me
your proposal, and we can negotiate.
Well, Mr. President, it is time to come to the table and do so in
good faith. We must get this done.
I urge all of my colleagues to support this effort.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. BOYLE of Pennsylvania. Mr. Speaker, just to be clear, to correct
the Record, three times under former President Trump, the debt ceiling
was increased.
Many of us on this side of the aisle voted for it, even though it was
a President not of our own party. In those three debt ceiling
increases, zero of them, zero included cuts to any government spending.
In fact, two of them included increases to government spending.
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr.
Higgins), a distinguished member of the Budget Committee.
Mr. HIGGINS of New York. Mr. Speaker, I rise today in opposition to
H.R. 2811.
Under President Biden, we have created 12 million jobs, including
800,000 manufacturing jobs, and unemployment is at a 54-year low.
The previous administration lost 3 million jobs in 4 years, including
nearly 300,000 manufacturing jobs.
This irresponsible proposal on the floor today would tank our
economic recovery and hurt hardworking families, and it would not be
good for my western New York district.
Throughout the pandemic, this Congress worked together to keep
families strong amidst unprecedented uncertainty. It is shocking how
anti-family this bill is.
This bill will lead to less healthcare for parents and children. More
kids will go to bed hungry because their parents
[[Page H2016]]
can't afford food. It would cut healthcare for veterans, hurting not
only them but their families and caregivers, as well.
Congress raised the debt limit nearly 80 times since 1960--the
majority of those taking place under Republican Presidents.
It is time for the GOP to stop playing games with the livelihood of
American families.
I ask my colleagues to join me in rejecting this proposal and instead
pass a clean bill that prevents the first default in our Nation's
history.
Mr. ARRINGTON. Mr. Speaker, you will hear many of the tired, old,
false choices like hungry children, struggling families.
I would remind you and the people of our great country who are
experiencing sustained levels of 40-year inflation, who are struggling
to put food on the table, that that has come as a result of reckless
spending here in Washington.
There are a lot of programs: Global Equity Fund, electric buses and
ferries, $80 billion for IRS agents, $27 billion for climate slush
fund--I could go on and on. You will not hear any of that from my
friends on the other side of the aisle.
Mr. Speaker, I yield 1 minute to the gentleman from North Carolina
(Mr. Edwards), my colleague on the Budget Committee.
Mr. EDWARDS. Mr. Speaker, I rise today in strong support of the
Limit, Save, Grow Act.
This legislation takes monumental steps in reining in Federal
spending by not cutting but just returning to spending levels of just a
year ago and spurring economic growth and restoring the fiscal sanity
that our Nation desperately needs.
As our national debt is at nearly $31.5 trillion or $95,000 per
person, our current fiscal trajectory is simply unsustainable.
It is immoral, and it is unfair to future generations who will be the
ones responsible for paying off this insurmountable debt.
This legislation will help restore the American economy, unleash
American energy, and reverse decades of runaway spending.
I applaud the work of Chairman Arrington, his leadership, and his
tireless efforts to help bring us to this critical moment in our
Nation's history. I am proud to support this legislation.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentlewoman from Texas (Ms. Jackson Lee), a distinguished member of the
Budget Committee.
Ms. JACKSON LEE. Mr. Speaker, no American, no patriot would stand on
this floor representing the American people and argue for the default
on America legislation.
To refuse to pay our bills is an insult to the men and women who
swore to die for this country. You want to know why? Because it would
cut 30 million visits from veterans at the veterans' hospitals and
81,000 jobs from the Veterans Health Administration.
It would increase the wait times for benefits like pensions and
jeopardize the National Cemetery Administration caring for our
cemeteries.
{time} 1500
If you are in retirement, $20,000 could be lost out of your
retirement. Is that patriotic?
In addition, you would cut grants for low-income students. You would
cut and cause the expense of colleges to go up in Texas and around the
Nation. In the 18th Congressional District you would jeopardize Social
Security payments from $61,000, put public health benefits at risk for
242,000 people, and increase lifetime mortgage costs. You would raise
the debt $1.74 trillion.
This is unpatriotic. It is not representative of what America stands
for. Vote against a bill that strips food assistance from 4,000 Texans.
Mr. Speaker, as a Senior Member on the House Budget Committee, I rise
today in strong opposition to H.R. 2811, the Limit, Save, Grow Act.
This reckless proposal would painfully impact the lives of millions
of Americans by making disastrous cuts to programs that workers and
families count on every day and by risking the full faith and credit of
the United States.
The outrageous proposal sets the FY 2024 discretionary spending
levels at no more than the FY 2022 level, which would require a total
cut of at least $142 billion from the FY 2023 appropriations Act.
Cutting FY 2024 discretionary spending back to FY 2022 levels would
endanger public safety, increase costs for families, undermine American
workers, hurt our seniors, and weaken our national security.
Instead of investing in America, Republicans would rather focus on
holding our economy hostage to advance unpopular and dangerous right-
wing priorities.
The Republican default package is playing a brinkmanship game using
the threat of economic catastrophe to try to force cuts in green energy
investment, a rollback in enforcement against wealthy tax cheats, a war
on poor people, and service cuts for taxpayers and Social Security
beneficiaries.
Breaching the debt limit would provoke unprecedented economic damage
and instability in the U.S. and around the world.
Every single American would feel the effects of a first-ever default:
An estimated 800,000 plus people would be out of work and the
unemployment rate would double;
Social Security checks would be halted to 67 million Americans;
Medicaid services would be in peril, affecting 75 million people's
health coverage;
The average worker close to retirement could see their retirement
savings decrease by $20,000 due to Republican brinksmanship impacting
the stock market.
Republicans suspended the debt ceiling three times under President
Trump.
In fact, the massive Republican tax cuts over the last 25 years have
cost $10 trillion to date and are responsible for 57 percent of the
increase to the debt ratio since 2001.
Specifically, this extreme and reckless plan would have devastating
impacts on thousands of hardworking families across Texas.
This plan would:
Strip food assistance from 994,000 Texans.
Republicans are threatening food assistance for up to 855,000 Texans
with their proposals for harsh new eligibility restrictions in SNAP.
This proposal would also mean 139,000 women, infants, and children
would lose vital nutrition assistance through the Women, Infants, and
Children (WIC), increasing child poverty and hunger.
Make college more expensive for 587,900 Texans.
This proposal would not only eliminate Pell Grants altogether for
6,800 students in Texas, but it would also reduce the maximum award by
nearly $1,000 for the remaining 581,100 students who receive Pell
Grants--making it harder for them to attend and afford college.
Raise housing costs for 39,700 Texans.
Under this proposal, 39,700 families in Texas would lose access to
rental assistance, including older adults, persons with disabilities,
and families with children, who without rental assistance would be at
risk of homelessness.
Worsen Social Security and Medicare Assistance wait times for million
Texas seniors.
Under this proposal, people applying for disability benefits would
have to wait at least two months longer for a decision. With fewer
staff available, 5 million seniors and people with disabilities in
Texas would be forced to endure longer wait times when they call for
assistance for both Social Security and Medicare.
Threaten medical care for Texas Veterans.
This proposal would mean 46,100 fewer veteran outpatient visits in
Texas, leaving veterans unable to get appointments for care like
wellness visits, mental health services, and substance disorder
treatment.
Eliminate 27,400 preschool and child care slots in Texas.
The proposal would mean 17,500 children in Texas lose access to Head
Start slots and 9,900 children lose access to childcare--undermining
our children's education and making it more difficult for parents to
join the workforce and contribute to our economy.
Deny 1100 Texans admission to opioid treatment.
The proposal would deny admission to opioid use disorder treatment
for more than 1,100 people in Texas through the State Opioid Response
grant program--denying them a potentially life-saving path to recovery.
More specifically, the impacts on my home district, Texas-18, would
be catastrophic. The passage of this proposal would:
kill 7,300 jobs in TX-18;
Jeopardize Social Security payments for 61,000 families in TX-18;
Put health benefits at risk for 242,000 people in TX-18 who rely on
Medicare, Medicaid, or Veterans Affairs health coverage;
Increase lifetime mortgage costs for the typical homeowner in Texas
by $50,000;
Threaten the retirement savings of 81,400 people near retirement in
TX-18, eliminating $20,000 from the typical retirement portfolio.
The proposal in front of us here today is not a reasonable middle
ground, nor is it even a starting point for discussion.
There never has been and never will be anything fiscally responsible
about refusing to pay America's bills, risking millions of jobs, or
threatening economic ruin.
Mr. Speaker, I include in the Record a report from the U.S. Congress
Joint Economic Committee titled: ``The
[[Page H2017]]
Steep Costs of a Republican Default Crisis.''
Raising the debt limit in a timely manner is about meeting
existing obligations and is the only option to avoid economic
chaos. The effects of failing to raise the debt limit would
likely be felt economy wide: From drastically increased costs
for mortgages, credit card payments, and other borrowing, to
disrupted payments for Social Security recipients, veterans,
service members, and hospitals, to far-reaching effects in
the financial system. As the 2011 debt ceiling crisis showed,
even narrowly avoiding a default cost the country billions of
dollars.
Republicans' default crisis will push up costs for families and small
businesses
Debt-limit threats increase costs for families and small
businesses. While breaching the debt limit would be
catastrophic, the threat of breaching the debt ceiling alone
can have serious economic consequences. As 2011 and 2013
Republican debt-limit brinkmanship showed, reckless talk
about letting the U.S. breach the debt limit has a real
impact on the economy, working families, and small
businesses. These threats create uncertainty that the U.S.
government will pay its bills, pushing up interest rates and
undermining confidence worldwide in the U.S. economy.
The average worker close to retirement could take a $20,000
hit to their retirement savings. According to the non-
partisan think tank Third Way, the debt limit crisis of 2011
led to a significant decline in the stock market and the
impact would be even more dire if the U.S. defaulted on the
national debt. They find that a typical worker nearing
retirement could lose about $20,000 from their 401(k) if
debt-limit brinkmanship causes the S&P 500 to drop by 22
percent.
Small business loans could go up $44 a month, costing about
$2,500 more over the course of the loan. If, as happened in
2011 with mortgage loans, small business loans see an
interest rate increase of 70 basis points due to debt-limit
brinkmanship, an entrepreneur taking out a new startup loan
with fixed interest would see a significant increase to their
loan. About 20,000 businesses took out new loans each quarter
in 2022. Similarly, an established small business owner with
a variable rate loan will see their monthly payments rise by
$53 per month. About 46,000 businesses had outstanding
variable interest loans in the third quarter of 2022.
Ms. JACKSON LEE. Mr. Speaker, I include in the Record a report from
Moody's Analytics titled: ``The Debt Limit Drama Heats Up.''
Speaker McCarthy's proposed legislation would increase the
debt limit by $1.5 trillion or until March 31, 2024,
whichever comes first. In exchange, it would cut government
spending by $4.5 trillion over the next decade and implement
a number of consequential changes to fiscal policy (see Table
1 and Chart 3). The most significant spending cuts would come
by setting fiscal 2024 discretionary spending equal to fiscal
2022 spending levels.
Mr. ARRINGTON. Mr. Speaker, again, with all due respect to my
colleague from Texas, Democrats will act as if these are the choices,
but they are false choices because they could choose to defund the
moneys that came from Democrat earmarks to companies that create dirt
bike culture or maybe--with all due respect to the First Lady--the
Michelle Obama Trail in Georgia.
There is a list of things. You will not hear them today in this
debate or any concern, in my opinion, for our children's future as it
relates to the debt.
Mr. Speaker, I yield 1 minute to the gentleman from Wisconsin (Mr.
Grothman), my colleague on the Budget Committee.
Mr. GROTHMAN. Mr. Speaker, I think it is important that everybody in
this Chamber, as well as everybody around America understands the
precarious situation we are in with regard to the debt of this country.
At the end of World War II, the debt was equal to about 100 percent
of GDP, but in World War II we knew we were going to stop making tanks,
stop making planes, stop making ships, and we were going to lay off a
lot of the military folks.
Then the debt dropped from 100 percent GDP down to 20 percent, went
up to 40 percent, and since the Great Recession, it shot up to near 100
percent again, near the all-time record.
The Biden administration has shown no ability to say ``no'' to
anybody. You look at the budget they have proposed. The Department of
the Interior, 9 percent increase; the Department of Commerce, 11
percent increase; the Department of Education, almost a 14 percent
increase. Wherever you look, they still have their foot on the gas.
America has got to realize for our children and grandchildren we have
got to now finally say ``no'' just a little bit.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentleman from New York (Mr. Espaillat), a distinguished member of the
Budget Committee.
Mr. ESPAILLAT. Mr. Speaker, I stand here in opposition to the default
on America act. House Republicans' debt default bill before us here
today holds the economy hostage in exchange for slashing investment in
American families to the tune of $4.5 trillion in cuts.
The debt ceiling extension has happened 78 times, Mr. Speaker; 49
times under Republican administrations. This is not new. This is an
artificial crisis, which can create catastrophic economic conditions
across the world. Not just the United States economy, but the world
economy can be affected.
Police officers on the street will be cut through the Department of
Justice. Veteran benefits will be cut. Working moms will no longer have
daycare. That is what this accomplishes, this default on America act.
I stand in opposition, Mr. Speaker, and I ask my colleagues to do the
same.
Mr. ARRINGTON. Mr. Speaker, more ``Apocalypse Now'' from my
colleagues who give electric vehicle tax breaks to people who make
$150,000. That is not a priority when you are $31 trillion in debt.
Government subsidized healthcare for people making over $300,000 is not
a priority when you have a 10-year tripling of our interest, doubling
of our annual deficits, and a bleak outlook for our children.
Mr. Speaker, I yield 1 minute to the gentlewoman from Indiana (Mrs.
Spartz), my good friend and somebody that is very concerned about this
issue.
Mrs. SPARTZ. Mr. Speaker, I rise to urge my Democrat colleagues to
unite with Republicans and put pressure on the Senate to have an adult
conversation about our debt and spending.
We collected $4 trillion last year. Our mandatory spending is $4
trillion, automatic spending? And of the $2 trillion of discretionary
spending, 80 percent is unauthorized. That means that 90 percent of
spending is not even considered by this institution.
We have programs like Medicare that are going bankrupt. We have
bipartisan issues supported by Trump and Obama that could save billions
of dollars for the seniors to save Medicare, like site-neutral payments
and overbilling by Medicare. It is fraudulent overbilling, dishonest
billing that is supported by broad groups of think tanks.
We have to save these programs for the people that were promised
them. We need to have the backbone in Washington, D.C., to stand up for
we the people and challenge special interest groups.
I urge my colleagues to be with us on this issue.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I keep hearing this doom and
gloom from the other side of the aisle that we are on the brink of
catastrophe. Here is the headline in the world's leading economic
magazine, a magazine that is considered right of center. This is their
headline 2 weeks ago: ``The lessons from America's astonishing economic
record. The world's biggest economy is leaving its peers even further
in the dust.'' That is the accurate record of where this country and
its economy stand right now.
Mr. Speaker, I yield 1 minute to the gentlewoman from Connecticut
(Mrs. Hayes).
Mrs. HAYES. Mr. Speaker, I rise in strong opposition to the default
on America act because I did not come to Congress to starve children.
Thirty-four million Americans struggle with food insecurity, 9
million of which are children. This bill would strip millions of
hardworking Americans of benefits by expanding so-called work
requirements in SNAP.
SNAP already has a work requirement for individuals ages 18 to 49,
but Republicans want to expand this to older Americans and seniors who
face age discrimination in the workplace already.
It is also important to note that the House subcommittee in charge of
nutrition programs, the one who would be in charge of this, has yet to
hold one hearing. So while proposing work requirements, the Committee
on Nutrition has yet to begin work. It is horrifying that Republicans
are choosing to hold the economy hostage and using vulnerable families
as a bargaining tool.
I urge my colleagues to have some compassion and vote against this
devastating legislation.
[[Page H2018]]
Mr. ARRINGTON. Mr. Speaker, with all due respect to my friend and
colleague, we are trapping millions of people in poverty and dependence
on the government because we are not incentivizing people to move up
and out of welfare so they can realize their greatest God-given
potential. It is not compassionate to not expect the best out of our
fellow Americans.
President Biden, when he voted to support commonsense welfare-to-work
reforms said this: We need to replace the culture of welfare with the
culture of work. We need to replace the culture of dependency with the
culture of self-sufficiency. I agree with the Joe Biden that said that
then. I hope he will come to his senses, come to the table, and do what
he did in 2011: include responsible fiscal reforms as we lift the debt
ceiling and pay our bills.
Mr. Speaker, I yield 1 minute the gentleman from Iowa (Mr. Nunn).
Mr. NUNN of Iowa. Mr. Speaker, Americans are demanding action. The
President cannot put forth a budget that is 55 percent higher than it
was at prepandemic levels. We must get together and work with what
Chairman Arrington and the Speaker and House Republicans have put
forward: A budget that holds our government accountable, a budget that
addresses the debt ceiling now, gets Federal spending under control,
and grows our economy by letting Americans keep more of the money they
have earned.
That is why I am honored as part of the Iowa delegation to hold firm
in that America's fiscal security, energy security, and food security
can be led with us.
In Iowa, we will not allow government to balance its budget on the
backs of America's farmers. That is why I am proud that this bill makes
critical investments in biofuels. Biofuels empower American energy
independence. Biofuel infrastructure decreases the cost of fuels
overseas and helps our families at the pump. Biofuels grow our Main
Street businesses. Biofuels empower our farmers for what they need to
both feed and fuel the world.
I salute the Iowans and the Americans who have worked to balance
their own budgets every month, those who don't spend tirelessly and put
it on their credit card.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentlewoman from Vermont (Ms. Balint), a distinguished member of the
Budget Committee.
Ms. BALINT. Mr. Speaker, I rise in opposition to H.R. 2811, the
default on America act.
A budget reflects our values, and we can plainly see where the
Republicans' priorities lie. They are threatening default with
catastrophic consequences, and why? Why? So they can secure 10 years of
devastating cuts that American families depend on. Those programs will
be devastated.
Republicans have to abandon this dangerous path. America pays our
bills. We must prevent default as we have done countless times under
Democratic and Republican Presidents, including President Trump.
A default will be a terrible blow to low-income and middle-income
Americans. They don't care about these reckless political games. They
care about how disastrous a default will be on them in their quest to
buy a house or lease a car or pay for college. They don't care about
this. They care about results.
I sit on the Budget Committee and have a front row seat to this
nonsense. We have to pay our bills, and we have to reject the ransom
note.
Mr. ARRINGTON. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I agree with my colleague. A budget is a vision and a
statement of values. We have received the President's budget. We are
conducting oversight. We will be presenting our full 10-year budget
resolution. I can tell you; it will be starkly different than the
President's and the Democratic Party's vision for America's future.
This budget will not ask for $100 billion more in discretionary
spending while American families are struggling to buy groceries and
put gas in their cars. It is just so out of touch.
We need the kind of leadership that will lean in and say we are going
to be an example and that we are going to look for the waste, which is
not hard to find in this town. We are going to right the ship and
restore fiscal responsibility.
The President, also, as part of his value statement adds trillions of
dollars--$65 trillion--in taxes over the 10-year horizon, which is the
most that any President has ever proposed in the history of our
country. He proposes spending to the tune of a quarter of our entire
economy, which is the largest economy in the world. That is larger than
any year of spending since we invaded Normandy. That is what our
President is doing and putting forth as the Democratic Party's vision
for this future in the midst of this economy that is struggling.
Families are struggling. This debt crisis looms large on the horizon.
Where is the leadership?
I respect my colleagues. I appreciate their friendship, but this is
the moment that we have to step up and put our fellow countrymen first
and walk in their shoes and not get caught up in trying to protect with
a death grip the blank check that we have seen and the endless money
that is being printed and borrowed. It will end poorly.
We have this window of mercy to act, and we have got to act together
ultimately for this to be sustainable because this is the first step.
It will require many more steps. We didn't get here overnight. We won't
get out of it overnight. We have to take the first step together. I
implore my friends and my colleagues to come with us and do what has
been done so many times.
That is the thing, Mr. Speaker. Eight of the last most meaningful,
most significant fiscal reforms in this Congress came as a result and
at the same time we were negotiating a debt ceiling. It is not wild,
and it is not reckless. It is responsible to do that. You can raise the
debt ceiling. You can pay your bills. You can protect the future for
your children.
That is leadership, and that is what this country needs in this hour.
Mr. Speaker, I reserve the balance of my time.
{time} 1515
Mr. BOYLE of Pennsylvania. Mr. Speaker, first, I thank my friend, Mr.
Arrington, and truly, we have been friends for our entire time of
service here. I respect his sincerity and how committed he is on this
issue.
I say to him, and I hope he will take this under consideration, that
it is so irresponsible to use the debt ceiling in this way.
Here is the analogy. I mentioned three times we raised the debt
ceiling with a Republican President. Imagine if, in one of those debt
ceiling debates, this side of the aisle said: ``Well, we care deeply
about raising the minimum wage. Right now, we have the longest period
in American history, for as long as the minimum wage has existed,
without an increase, about 15 years.''
What if this side of the aisle said: ``We are not going to vote for a
debt limit increase. We are going to use this as leverage, and in
return, you need to raise the minimum wage, or you need to expand
Medicare to those 55 and older.'' That would be irresponsible, as well.
The debt ceiling is about past spending that both sides often voted
for, that Presidents of both parties signed into law.
Now, if we want to have a conversation about future spending, we
welcome that. We will negotiate on that, but we will not negotiate on
whether or not America pays its bills, period.
Mr. Speaker, I yield 1 minute to the gentlewoman from Oregon (Ms.
Bonamici).
Ms. BONAMICI. Mr. Speaker, I rise today in strong opposition to this
regressive, shortsighted, and cruel default on America act that would
devastate programs that are critical to Oregonians and Americans.
We have a housing affordability and homelessness crisis, but this
bill would eliminate affordable housing assistance for many families
and seniors.
Our constituents can't find or afford childcare, but this bill would
take away access to Head Start.
The cost of higher education keeps rising, but this bill would cut
Pell grants and slash additional funding to support millions of
disabled and low-income students.
Instead of addressing the climate crisis, this legislation would
entrench reliance on fossil fuels; undermine renewable, sustainable
energy options; and raise taxes for middle-class Americans.
[[Page H2019]]
This bill could cause millions of low-income seniors and veterans to
lose access to nutrition assistance, and up to 10 million people could
lose Medicaid coverage.
There is a simple solution to prevent these harmful outcomes: Bring a
clean debt ceiling bill to the floor so we can end this MAGA
Republican-created manufactured crisis.
Mr. Speaker, I include in the Record a report from the Center on
Budget and Policy Priorities on how up to 10 million people could be at
significant risk of losing health coverage under Speaker McCarthy's
bad, backward bill.
[From the Center on Budget and Policy Priorities, Apr. 21, 2023]
McCarthy Medicaid Proposal Puts Millions of People in Expansion States
at Risk of Losing Health Coverage
(By Gideon Lukens)
A Republican proposal led by House Speaker Kevin McCarthy
would take Medicaid coverage away from people who do not meet
new work-reporting requirements. The McCarthy proposal would
apply to all states, but in practice it would heavily impact
people covered by the Affordable Care Act (ACA) Medicaid
expansion. Of this group, more than 10 million people in
Medicaid expansion states would be at significant risk of
losing coverage under the McCarthy proposal. This group would
be subject to the new Medicaid requirement, and they are not
part of a group that states could readily identify in
existing data sources and exclude from burdensome reporting.
The McCarthy proposal could jeopardize coverage for millions
more, by prompting some states to drop the ACA Medicaid
expansion or dissuading states that have not yet taken the
expansion from adopting it.
Nationwide, we estimate that over 10 million Medicaid
expansion enrollees--more than 1 in 5 of all Medicaid
enrollees in expansion states--would be at risk of losing
Medicaid coverage under the policy in McCarthy's debt limit
bill, using 2019 (pre-pandemic) data. Some 74 percent of all
expansion enrollees and 21 percent of all Medicaid
beneficiaries in the states that have adopted the expansion
would be subject to the new requirements and, thus, at risk
of losing coverage.
People in every expansion state would be affected, with the
share of total Medicaid enrollees at risk ranging from 15 to
37 percent. (See Table 1 and Methodology.) Because we use
2019 data, the national estimate does not include the nine
states that expanded coverage after that date and therefore
very likely understates the number of enrollees at risk. If
those states were included, it would likely add upward of 1
million more enrollees at risk of losing coverage.
While not all of those at risk under McCarthy's proposal
would lose coverage, many would, including people who are
working or are eligible for an exemption but would be
disenrolled due to administrative burdens and red tape. This
was the experience in Arkansas, which is the only state that
briefly took people's Medicaid coverage away for not meeting
work-reporting requirements, until a federal court halted the
program following massive coverage losses. In just seven
months of implementation, some 18,000 people--1 in 4 subject
to the requirements--lost coverage. Moreover, research found
that the new requirements had no impact on employment
outcomes. The McCarthy Medicaid provision draws heavily from
the failed Arkansas experiment but is harsher in some
respects, applying to somewhat older adults, for example.
The more than 10 million estimate (looking just at the
states that had expanded Medicaid prior to 2019) does not
fully account for the sweeping impact the Medicaid work-
reporting requirement could have. For example, while the bill
directs states ``whenever possible'' to use electronic data
sources to verify whether people meet the criteria for
continued Medicaid coverage, the extent to which this would
protect people from losing coverage or from onerous reporting
would depend on implementation decisions at both the federal
and state level.
Proponents of the new requirements argue that they give
states an option to take Medicaid coverage away from people
who don't comply with the new work-reporting requirement.
This is misdirection at best.
The bill terminates federally funded Medicaid coverage for
those who don't meet the work-reporting requirements. In
theory, states could provide fully state-funded coverage to
those whose federal Medicaid coverage is taken away, but with
the federal government currently covering 90 percent of the
cost of coverage for expansion enrollees, states are
exceedingly unlikely to continue coverage for large numbers
of people who don't meet the requirement. (It is worth noting
that states did not provide state-funded coverage for this
group prior to the ACA's expansion, though they were able to
do so.)
Moreover, administering these new requirements would be
complicated for state and local governments, which would have
to pick up a significant portion of the costs associated with
implementing the complex systems to verify work, determine
who meets automatic exemption criteria (such as those with
children), and assess applications for exemptions based on
criteria, such as an illness, that the state doesn't know
through its eligibility system.
States also would have to absorb the costs associated with
higher caseload churn--that is, people losing coverage and
then having to reapply or seek to have their coverage
reinstated, all processes that require caseworker staff time.
And uncompensated care costs would increase because people
have lost coverage, adding further to the costs that states
and safety net health care providers would have to pick up.
Without a doubt, adding work-reporting requirements to
Medicaid would cause many low-income adults to lose coverage
due to bureaucratic hurdles and would leave people without
the health care they need, including life-saving medications,
treatment to manage chronic conditions, and care for acute
illnesses. People's access to health care and other basic
supports, such as housing, food, or child care, should not
hinge on whether they meet a work-reporting requirement or
successfully navigate a complicated system to either report
work hours or claim an exemption.
McCarthy Medicaid Provision Builds on Failed Arkansas Experiment
The Arkansas plan, implemented in 2018, required that
Medicaid expansion enrollees aged 19-49 document at least 80
hours of work or other qualifying activities (e.g. job
training, volunteering) per month. Exemptions were available
for various groups including pregnant people, certain types
of caregivers, and people with certain health conditions, but
qualifying for these exemptions required that enrollees
successfully navigate the reporting system or that the state
use available data to determine exemption status. As a
result, more than 18,000 people (about one-quarter of those
subject to the requirements) lost coverage in just seven
months, before a federal court blocked the policy.
The McCarthy plan is similar to Arkansas' but applies to a
broader set of Medicaid enrollees. First, it applies to
enrollees aged 19-55, a wider age range that includes more
older adults. Second, it is not explicitly limited to
Medicaid expansion enrollees, unlike the Arkansas policy.
While all states would have to set up new processes to
validate exemptions, we assume that because existing state
data sources could readily be used to exempt the bulk of
Medicaid enrollees who are not part of the expansion group,
the impact would be largely on expansion enrollees. Third,
some groups exempt under the Arkansas plan, including
postpartum people, people identified as ``medically frail,''
and people receiving unemployment benefits, are not exempt
under the McCarthy plan.
A KFF study estimated that under a nationwide Medicaid
work-reporting requirements policy similar to policies
implemented in Arkansas and proposed by other states, most
people losing coverage would be complying with or exempt from
the requirements but would be disenrolled due to
administrative burdens and red tape. Using conservative
assumptions about disenrollment based on a survey of the
research literature, the study found that 62 to 91 percent of
those losing coverage would be people who qualify as eligible
under the policy. Coverage losses would be concentrated among
those eligible because the overwhelming majority of Medicaid
enrollees already meet the requirements or an exemption
criterion, yet they would still be at risk due to the
bureaucratic complexity of reporting and proving exemption
status.
Overall, between 1.4 and 4 million people would have lost
Medicaid coverage if Medicaid work-requirements were imposed
in 2016, the KFF study estimated. This estimate is roughly in
line with the Congressional Budget Office's projection that a
nationwide policy similar to Arkansas' would result in a
reduction in Medicaid enrollment of 2.2 million adults per
year for the 2023-2031 period.
Our analysis is not a projection of the number of people
who will lose coverage, but rather shows that more than 10
million people would be subject to these requirements and,
thus, at risk of losing coverage from a policy that would
erect burdensome requirements to report work or claim
exemptions. A large share of the 10 million people subject to
the requirements would have to navigate complex work-
reporting and verification systems each month while others
would have to navigate the exemption process periodically to
retain coverage.
Research suggests that some populations would be especially
harmed by these work-reporting requirements, including people
with disabilities, women, people who are experiencing
homelessness, and people with mental health conditions or
substance use disorders. Even though exemptions would apply
to some in these groups, states often lack the capacity to
hire sufficient staff to respond to people's questions or
manage work-reporting systems and the exemption process.
People who have fewer transportation options or live in rural
areas, face language or literacy barriers, are in poor health
or have limited mobility, or have limited internet access
would face particular barriers to understanding the new
requirements and navigating reporting systems, applying for
exemptions, and collecting the verification needed to prove
that they meet an exemption criterion.
There is no upside to Medicaid work-reporting requirements.
Research has not found any impact of the requirements on
employment, and data from Arkansas show that few enrollees
engaged in new work-related activities. Instead, work-
reporting requirements strip health coverage from people with
low incomes--most of whom are already meeting or exempt from
the requirements--
[[Page H2020]]
leading to gaps in care that damage their health and
financial security and make it harder for them to find or
keep a job.
In this paper, we estimate the number of Medicaid expansion
group enrollees at risk of losing coverage using
administrative data on Medicaid expansion enrollment for
2019, combined with American Community Survey (ACS) data and
state enrollment policies.
We use 2019 Medicaid expansion group enrollment to avoid
including the large increase in Medicaid enrollment that
began in 2020 as a result of the requirement that Medicaid
provide continuous coverage during the public health
emergency. This continuous coverage requirement ended on
March 31, 2023, and while estimates of coverage loss during
the unwinding of the requirement are highly uncertain,
enrollment declines are potentially large. By using 2019
data, we avoid overstating our estimates of expansion
enrollees at risk in each state once unwinding is complete.
Methodology
As stated above, our estimates are based on a combination
of administrative data on Medicaid expansion enrollment, ACS
data, and state enrollment policies.
Because our data are based on 2019 (pre-pandemic) Medicaid
expansion enrollment, they do not include expansion enrollees
at risk in states that expanded in 2019 or later, including
Idaho, Maine, Missouri, Nebraska, Oklahoma, Utah, and
Virginia. We also cannot produce expansion group estimates
for North Carolina and South Dakota, which have enacted but
not yet implemented expansion. Our national total estimate is
therefore likely to understate the number of enrollees at
risk. Finally, by shifting costs to states, the McCarthy
proposal could result in some states deciding to drop the ACA
Medicaid expansion, jeopardizing coverage for millions more.
Similarly, these new requirements could dissuade some states
that have not yet adopted the expansion from doing so.
We consider Medicaid expansion enrollees aged 19-55 and
exclude from this group people who live with dependent
children aged 0-17. States should be able to exclude this
group automatically (without requiring them to apply for an
exemption) using existing administrative data, so they are
less likely to be at risk.
We do not estimate other exemptions or work status because
these individuals would be more likely than parents to have
to report their employment or earnings monthly or to apply
for and submit documentation to receive an exemption.
Research indicates that most people who would lose coverage
under work-reporting requirements would be disenrolled
despite working or qualifying for an exemption due to the
complexities of proving that they are working or meet an
exemption criterion.
Publicly available administrative data on Medicaid
expansion enrollees do not include detailed enrollee
characteristics. We therefore use data from the U.S. Census
Bureau's American Community Survey as well as state-level
eligibility rules to estimate the share of expansion
enrollees who are aged 19-55 and who do not have dependent
children in each state.
Mr. ARRINGTON. Mr. Speaker, let me say how blessed I feel to serve
alongside my ranking member. I appreciate his thoughtful comments, and
we are going to do a lot of great things together.
Mr. Speaker, I yield 1 minute to the gentleman from Georgia (Mr.
Carter), my fellow Budget Committee member.
Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for
yielding.
Let me begin by thanking leadership and, particularly, the chair of
the Budget Committee for all of their hard work in putting this
together.
Let me also say that my colleague on the other side of the aisle
talks about fiscal irresponsibility. Well, if you want to talk about
fiscal irresponsibility, you only need to look at the White House and
what this administration has done.
Day one, they declared war on fossil fuels. You can make the
argument, and a valid argument, that what has happened in our economy
is a self-inflicted wound brought about by this war on fossil fuels
that caused an increase in gas prices, that caused an increase in
inflation, that caused an increase in interest rates and put this
economy in the shambles that it is in right now.
Since the first day of the administration, this Biden administration
has recklessly spent taxpayer dollars. As a result, as I say, you see
inflation at record highs, stealing money and opportunities from
hardworking Americans.
Our credit cards are maxed out. The gentleman talks about future
spending. That is what this is about, limiting future spending. That is
the conversation we are having.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentlewoman from Minnesota (Ms. Omar), a member of the Budget
Committee.
Ms. OMAR. Mr. Speaker, for a long time Republicans spent so much time
saying they were going to address the economic anxiety families were
feeling, but overnight, they dreamed up a dangerous economic bill that
would plunge families into economic depression.
Republicans say they want to grow the economy, but their bill will
destroy 8,000 jobs in my district alone and 7 million across this
country.
They say they want to invest in children, but this bill eliminates
childcare access for 4,000 kids in my State and 180,000 nationwide.
They talk nonstop about rail safety, yet this bill would cut at least
160 rail inspection days in Minnesota and 7,000 nationwide.
They are not repealing the Bush-Trump tax cuts because what their
bill is going to do is do wealth transfer from working and middle-class
families to billionaires and millionaires.
This is hypocrisy, and it is full of lies. Corporations should not be
put ahead of our families.
Mr. ARRINGTON. Mr. Speaker, leadership isn't easy, and boy, does our
Nation need it right now. I know of such a leader. His name is Steve
Scalise. He is our majority leader and a champion for freedom and
fiscal responsibility.
Mr. Speaker, I yield 1 minute to the gentleman from Louisiana (Mr.
Scalise).
Mr. SCALISE. Mr. Speaker, I thank my friend from Texas, not only a
leader but the chairman of the House Budget Committee, Mr. Arrington,
for bringing this bill to the floor.
Mr. Speaker, we all know our Nation is at a crossroads. This is a
very fragile time for the American people. They are looking at
inflation that is going through the roof, decades high, paying more for
everything, and they know why that happened.
They are paying more for everything when they go to the grocery
store, the gas pump, and anywhere else because Washington has spent
trillions of dollars that this country doesn't have.
Over the last 2 years, President Biden has maxed out the Nation's
credit card. That is what the debt ceiling is. That is what this debate
is about.
As the President has maxed out the Nation's credit card, Americans
know what that means. They have credit cards. They work hard not to max
out theirs. They all know that we are going to make the minimum payment
on those cards.
If somebody maxed out the credit card like President Biden did, the
first thing you do is not give them another credit card to max out, as
President Biden has asked and demanded. He said to just give him more
money to keep spending money that we don't have to rack up more
inflation on hardworking families.
Mr. Speaker, that would be irresponsible, yet that is what the
President has asked for.
What House Republicans have done is come together to say there is a
better way. Sure, we need to address the debt ceiling, but we also need
to address, at the same time, the problems that have brought us to this
moment.
It is not by accident that the Nation's credit card got maxed out.
This is how bad the problem is. We can talk trillions all day long, and
the numbers get so big that people just tune it out.
Let's talk some basic numbers. For every $100 that the Federal
Government takes in, the Federal Government is spending $129. Now, if a
family did that, it wouldn't last long before they would go under,
before they would lose their house, before they would go bankrupt. $100
coming in and $129 going out, that is the spending problem in
Washington.
President Biden said he wants to spend another $129 with $100 still
coming in. Most families would look at that and say it is irresponsible
to do that, and we agree, as House Republicans.
You would think the President has acknowledged this finally and said:
``Okay, why don't we sit down at the table and figure this out? We do
not need a debt crisis in this Nation.'' Instead of sitting down to
negotiate, which is what anybody responsible would do, Speaker McCarthy
has said: Mr. President, let's sit down. They did it once over 2 months
ago. The President himself, in fact, days later said: Do you know what?
We ought to do it again.
The problem is the President then went into hiding. The President
will
[[Page H2021]]
not sit down and meet with the Speaker to negotiate how to solve this
problem because the President wants to run the clock out and create a
debt crisis.
That is the height of irresponsibility, Mr. Speaker. If the President
is going to shirk his responsibility and try to hide and wait until the
clock strikes midnight, House Republicans are not going to sit on the
sidelines. We are going to lead and present a solution. That is what
this bill is.
That is what Mr. Arrington's legislation does, Mr. Speaker. It says,
as we deal with the debt ceiling, let's also deal with the spending
problem that got us here.
How do we do it? I think reading the bill would be really important.
We will send an extra copy down to the White House so that they can
actually see some of the basic things we are talking about.
These are things that families get. Right now, in America, if you
talk to any small business owner, they are all looking for workers. You
would think we have full employment, that everybody who wants to work
and is capable of working is working. Unfortunately, that is not the
case.
President Biden put in place over the last few years different
changes to welfare so that people who are fully able-bodied, that
aren't even--they are not turning down work. They are not even looking
for work, some of them making over $35,000 a year to sit at home. That
is costing taxpayers over $100 billion.
What we say is, frankly, a question a lot of people have asked over
the years. I am just going to read it to you as the voters of the State
of Wisconsin had presented to them just a few weeks ago, Mr. Speaker:
``Shall able-bodied, childless adults be required to look for work in
order to receive taxpayer-funded welfare benefits?'' That is a pretty
straightforward question.
In fact, 79.5 percent of Wisconsin voters just a few weeks ago said,
yes, they should look for work before they get taxpayer benefits.
Should a single mom who is working two jobs have to pay for somebody
who is just sitting at home and who just chooses not to work?
This is America. If you want to sit at home and not work, that is
your prerogative, but should you be asking a hardworking taxpayer to
pay $35,000 or more a year for you to sit at home when everybody is
looking for workers?
We say let's just put those basic work requirements back in place,
just like the voters of Wisconsin said a few weeks ago.
Now, you would think the White House--that that is some kind of far-
reaching idea. Most people get this.
This isn't just about saving taxpayer money. It saves a lot of
taxpayer money to do this.
Do you know what else it does, Mr. Speaker? Our bill strengthens
Social Security because when President Biden is sending tens of
billions of dollars every month to pay people not to work, not only are
they not working, not only are they eating up all kind of money that
our children are ultimately going to have to pay back, they are also
taking money out of Social Security because they are not paying into
it.
By putting these basic work requirements back in place, there are
millions of people who are sitting on the sidelines that would finally
get back into the workplace, finally have an opportunity to achieve the
American Dream again, finally be able to lift up their standard of
living.
Do you know what else they are going to be doing, Mr. Speaker? They
are going to be paying into Social Security. They will be paying into
Medicare. That would add tens of billions of dollars to strengthen
Social Security and Medicare.
Why would the President be against that?
We claw back some of the unspent COVID money. President Biden himself
said the COVID emergency is over. Yet, there are tens of billions of
dollars out there being spent on things that have nothing to do with
COVID, all under the name of the pandemic.
Why not save that money for taxpayers?
In addition to saving taxpayers hundreds of billions of dollars, we
also put in pro-growth policies in this bill, things like the Lower
Energy Cost Act.
When you talk to families about the things that are angering them
that are coming out of Washington, clearly, inflation and the cost of
everything going up is the biggest item. The biggest item driving
inflation is President Biden's anti-American energy policies. Families
today are paying 50 percent more when they go fill up their cars at the
pump, 50 percent more than the day President Biden took office. There
is no reason for that.
Instead of President Biden getting on Air Force One and going to beg
Saudi princes to produce more energy, or begging Putin to produce more
energy, we can make it here in America cleaner than anywhere else in
the world, actually lowering carbon emissions.
Yet, President Biden keeps saying no to American energy. He says
``yes'' to foreign oil but no to American oil. That doesn't pass the
smell test. In our bill, we actually fix that and allow Americans to
produce more energy here, to produce more critical minerals.
Why should we be relying on China for computer chips?
Over 90 percent of solar panels in the world are made in China. Why
not make more of those things here?
Car batteries--they talk about electric cars all day, yet over 90
percent of car batteries are made in China because they won't let
America access our minerals here, so we have become dependent on
foreign countries.
{time} 1530
I am tired of being dependent on countries like China because
President Biden has gotten the policies wrong over and over again.
Let's fix this. We do fix these problems in this bill.
If President Biden has got a better idea, it is long past time he
puts those ideas on the table. This is not a problem you run and hide
from. In fact, when you ask to be President of the United States, you
are the Commander in Chief, you are the leader of the free world, Mr.
Speaker. This is not a job where you run and hide from the tough
things. These are the moments where you step up, you rise to the
moment.
The American people are calling for us all to do that. Some people
want to sit and hide and hope that the clock strikes midnight, and they
can just force some bad deal on the taxpayers of America. Well, that is
what they are sick about Washington over. Time and time again,
Washington doesn't answer the needs of hardworking families who are
struggling and just waits until the midnight hour to jam a bad deal
down the throats of people. Let's not wait until that midnight hour.
We are standing up and leading. It is long past time that President
Biden gets off the sidelines and does his job, too, and gets to the
negotiating table with Speaker McCarthy so we can solve this problem
and put America on a stronger financial footing that will benefit all
Americans.
It is time to end this madness. Let's pass this legislation. Let's
start this conversation that families have been having for a long time.
It is long past time Washington gets into the middle of this
conversation, too.
Let's pass this bill. Let's solve this problem.
Mr. BOYLE of Pennsylvania. Mr. Speaker, listening to all of the doom
and gloom from the previous speaker, you might forget for a moment that
right now, in the world, the greatest economic recovery from COVID is
that of the United States of America, with the greatest job growth in
my lifetime.
Mr. Speaker, I yield 1 minute to the gentleman from California (Mr.
Levin).
Mr. LEVIN. Mr. Speaker, I rise to remind my colleagues of both
parties that the legislation before us could do irreparable harm to our
Nation's veterans.
This bill would force a 22 percent cut to nondefense spending. That
would slash $30 billion from veterans' services. That means 30 million
veterans will have fewer healthcare visits, fewer staff, an increased
claims backlog, and longer wait times for benefits. That is the
uncertainty that awaits veterans should this bill succeed.
Just last month, during a committee hearing, my Republican colleagues
assured us they didn't want to reduce benefits for veterans. I heard it
firsthand, so I was troubled to learn that this bill completely fails
to protect veterans from its cuts.
Yesterday, 24 veteran and military service organizations sent a
letter urging Congress not to pass this legislation.
[[Page H2022]]
I am dismayed that my colleagues on the other side of the aisle are
prepared to force a default and devastate our economy if we don't go
along with it. Please don't do this. Don't hold our Nation's veterans
hostage.
Mr. ARRINGTON. Mr. Speaker, I reserve the balance of my time.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentlewoman from Minnesota (Ms. Craig), a member of the Committee on
Energy and Commerce.
Ms. CRAIG. Mr. Speaker, today's debate is perhaps one of the most
dangerous games to be perpetrated in my time in Congress by the radical
right.
This bill risks our economy, our Nation's credit rating, American
jobs, retirement savings, and healthcare access.
Mr. Speaker, there is a proposal on the table, raise the debt
ceiling, full stop, just like we did under the former President. Then
let's have a robust debate about spending in a budget debate and in the
appropriations process.
But that is not what the radical right has put on the floor today. I
cannot support a bill that would cut funding for our Nation's veterans,
would cut funding to Minnesota public schools, would cost jobs, and
economists say would increase the likelihood of a recession.
This is not a serious bill from the radical right, and there is no
more serious issue facing our country right now than the prospect of
defaulting on our debt.
This is a dangerous game my colleagues are playing, and it needs to
be cut out.
Mr. ARRINGTON. Mr. Speaker, I reserve the balance of my time.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentleman from Maryland (Mr. Trone), a distinguished member of the
Budget Committee.
Mr. TRONE. Mr. Speaker, I rise today to urge my colleagues to vote
against the extremist Republicans' default on our debt act.
The legislation, offered by Speaker McCarthy, really begs the
question: Is this what we stand for?
The default on our debt act means a 22 percent cut to our education
system, our students, and our Nation's competitiveness. Is this what we
stand for?
It means a 22 percent cut to the VA, cutting law enforcement,
including healthcare for America's brave; cuts to State grants to fund
the prosecution against domestic violence. Is this what we stand for?
It makes a 22 percent cut to the Special Supplemental Nutrition
Program for Women, Infants, and Children that feeds 53 percent of the
infants in the U.S. and ensures they have nutritious food to survive.
Is this what we stand for?
It is certainly not what I stand for, and I plan to vote ``no'' on
the legislation.
Mr. ARRINGTON. Mr. Speaker, I reserve the balance of my time.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentlewoman from Illinois (Ms. Schakowsky), a distinguished member of
the Budget Committee.
Ms. SCHAKOWSKY. Mr. Speaker, I brought my Constitution with me
because the Constitution is very clear that it is the duty of the
United States of America to pay its debts. Somehow, it doesn't say a
darn thing about how you can negotiate to hold the whole economy
hostage and threaten the economy of the United States of America before
you are willing to pay the debts.
Under President Trump, as I am sure it was said before, three times
the debt ceiling was raised. Yet, you are saying now, at the same time
Donald Trump gave a $2 trillion tax cut to the wealthiest Americans,
but don't blame him for the deficit. Let's talk about these poor people
who are trying to get healthcare or put food on the table for their
families or the veterans who are seeing a cut in their healthcare. No
way. Vote ``no'' on this terrible, mean proposal.
Mr. ARRINGTON. Mr. Speaker, I reserve the balance of my time.
Mr. BOYLE of Pennsylvania. Mr. Speaker, may I inquire as to the time
remaining?
The SPEAKER pro tempore. The gentleman from Texas has 3 minutes
remaining. The gentleman from Pennsylvania has 3 minutes remaining.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentleman from California (Mr. Panetta), a distinguished member of the
Budget Committee.
Mr. PANETTA. Mr. Speaker, I rise in opposition to the Limit, Save,
and Grow Act.
As a member of the Ways and Means Committee and Budget Committee, as
much as I want to take serious steps to lower our debt and deficit,
this legislation is not serious, it is not bipartisan, and it leaves us
with a partisan hit list.
I say that because of the way it is written. It would increase hunger
and deprive low-income citizens of healthcare. It would make
significant cuts to critical government services that could lead to the
loss of 780,000 jobs. It would cut IRS funding needed to close the tax
gap and collect taxes owed. It would do nothing to raise revenues, and
it would do nothing to find common ground on permitting reform. It
would target the cornerstone of the industrial policy that we created
last term to lower our carbon output by repealing clean energy tax
credits.
Solutions to the debt crisis need to be serious, not partisan. This
bill brings us closer to default by demanding partisan policies that
will never pass the Senate.
I will vote ``no'' on this bill, but I do look forward to raising the
debt ceiling and then having serious conversations about how we can
ensure that Congress gets serious about a solution to our debt and
deficit reduction.
Mr. ARRINGTON. Mr. Speaker, I reserve the balance of my time.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentlewoman from New York (Ms. Ocasio-Cortez).
Ms. OCASIO-CORTEZ. Mr. Speaker, as my distinguished colleague,
Representative Connolly from the State of Virginia, says: well, well,
well.
Several years ago, we warned during the Trump tax cuts, that this
dramatic decrease in revenue would explode the Nation's debt. We heard
from the Republican side: No, let us write off our yachts; let us write
off our private jets. We said that this decrease in revenue would
explode our national debt.
But instead of now realizing the error of our ways and reversing
these tax cuts for the wealthy, we are now seeing the Republican side
promote a bill that cuts student loan cancellation, veterans'
healthcare, cancer research, opioid treatment, Meals on Wheels, and
more.
The debt limit is about meeting our obligations already voted for,
that Republicans and Democrats have already voted for. If we want to
cut and make changes to programming in the future, we may do that, but
threatening to tank the economy is not how you do it.
Mr. ARRINGTON. Mr. Speaker, I reserve the balance of my time.
Mr. BOYLE of Pennsylvania. Mr. Speaker, may I inquire as to the time
remaining?
The SPEAKER pro tempore. The gentleman from Pennsylvania has 1 minute
remaining.
Mr. BOYLE of Pennsylvania. Mr. Speaker, I yield myself the balance of
my time for closing.
Mr. Speaker, I thank the gentleman on the other side for this
vigorous debate. Again, I would remind all of us about what is involved
in the DOA act: the single biggest cut to nondefense programs in
American history.
It would, according to Moody's Analytics, lead to 800,000 job losses
by the end of 2024 and a dramatically increased likelihood of a
recession. It would do absolutely nothing to solve the real problems
that we have in our society.
Mr. Speaker, this is not good policy for the American people. This
will jeopardize the record job growth that we are currently
experiencing.
Mr. Speaker, I urge all Members of this House to make the DOA act
exactly that, dead on arrival. Vote ``no.''
Mr. Speaker, I yield back the balance of my time.
Mr. ARRINGTON. Mr. Speaker, I yield myself the balance of my time for
closing.
Mr. Speaker, I thank again my ranking member, my friend, and my
partner in public service.
My Democrat colleagues say, let's raise the debt ceiling today, and
we will deal with the debt tomorrow. Tomorrow never comes. It never
comes. We are prepared, I guess, to bury our children under the
mountain of debt
[[Page H2023]]
that we have amassed because of a government we think the people want
and need.
How irresponsible, how reckless, how weak, how cowardly that we won't
step up and do the right thing. I can't believe that the Democrat party
has strayed so far left that ensuring that able-bodied people who are
receiving public assistance work is an extreme MAGA idea and that it is
radical for people to rein in spending to just last year's levels of
spending.
I have heard a lot of fear-mongering, false choices, and phantom
funding cuts, all in an attempt to accept the status quo.
Here's what the status quo has given us: skyrocketing prices,
shrinking paychecks, soaring interest rates, a labor shortage, a
culture of dependency, an overall weaker economy, and a more vulnerable
Nation.
Mr. Speaker, all of us have contributed to this, I will admit. I have
conceded that. But we have a moment in time. The hour has come. We have
to work together to restore fiscal sanity in this place before it is
too late.
The consequences of our failure to act, Mr. Speaker, could not be
more grave. I will say it again. We have got to pay our debts. We have
got to protect the good faith and credit of the United States. We
cannot give an unlimited line of credit to any party, any politician,
and allow our country to be bankrupted and to rob our children of the
blessings of liberty in this land of opportunity. We shouldn't accept
that. We should work together to be responsible, be leaders, leaders
worthy of this great Nation.
Let's vote together in support of H.R. 2811.
Mr. Speaker, I yield back the balance of my time.
{time} 1545
The SPEAKER pro tempore. The gentleman from Missouri (Mr. Smith) and
the gentleman from Massachusetts (Mr. Neal) each will control 30
minutes.
The Chair recognizes the gentleman from Missouri (Mr. Smith).
Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today's fiscal crisis threatens all Americans. We are
here today to debate legislation that accomplishes so much of what the
American people want. Specifically, it begins to get Washington's
spending habits under control. It starts to slow the flow of special
interest handouts to the wealthy and well-connected, and it throws
much-needed water on the fire of inflation burning through the wallets
of American families.
Unlike the Inflation Reduction Act, the Limit, Save, Grow Act under
consideration today actually does what it says it is going to do. It
puts real limits on future spending, so that we begin to turn the ship
back in a more fiscally sound direction.
It saves taxpayer dollars by clawing back unobligated pandemic
spending, a sensible solution given the fact that the President himself
has declared the pandemic over.
It saves taxpayer dollars by ending welfare for the wealthy and
loopholes for big corporations in the Inflation Reduction Act. Ninety
percent of these special interest green tax breaks go to companies with
over 1 billion in sales. Financial institutions alone pocket three
times as much as any other industry, and these tax dollars are being
funneled to China, enriching the Chinese Communist Party and allowing
it to dominate critical mineral supply chains.
I know my friends on the other side share in frustration in how that
law has ended up so different than what they thought they were voting
for.
In this bill, we propose proworker, pro-small business policies like
work requirements in our welfare programs that will not only support a
more vibrant economy, but also help more Americans realize the dignity
of work. This plan will also take the target off the backs of low- and
middle-income taxpayers under threat from a supercharged army of 87,000
at the IRS.
The Biden administration brags about the $400 billion in revenues
they plan to bring in by unleashing the new agents. To do that, audit
rates will have to go up on low- and middle-income Americans. In fact,
under the so-called historical audit rate the administration says it
will adhere to, we will see a million--a million new audits with
650,000 of them falling on folks who make $75,000 or less.
I find it curious to hear my Democrat colleagues and the President
say they will not negotiate on spending when it comes to the debt
ceiling, while at the same time complaining there is no plan over which
to negotiate.
Well, here you go. Republicans have a plan. It is time for the
President to negotiate overspending reforms as part of addressing the
debt ceiling just as we have done many times before. In fact, just as
the President himself has done many times before as a Senator and as
Vice President.
Eleven of the previous debt ceiling increases going back decades have
included fiscal reforms. President Biden voted for such agreements as a
Senator, and he negotiated them as a Vice President. The President's
current position of refusing to discuss commonsense spending restraints
when it comes to the debt ceiling is a reckless abandonment of past
precedent and in his own history.
Under one-party Democratic rule, we got $10 trillion in new spending.
The consequences have been very real. Since President Biden took
office, we have seen a spike in prices by 14.9 percent. Real wages have
declined by 3.5 percent and interest rates have increased more in the
past year than in the prior 15 years combined.
The American people are demanding something to be done about all of
this. Let's pass this legislation and put the interests of workers,
families, farmers, and small businesses first and foremost. Let's do as
Congress has done before and address the debt ceiling with policies
that also address the Washington spending habits that got us here.
Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong opposition to the default on America
act. The chairman just mentioned something that is noteworthy. He said,
We are seeing a Republican plan, and for the next hour, we intend to
make sure America gets a chance to see the Republican plan.
A reminder for those who might be paying attention to this debate
today as to how we traveled on this road which, by the way, is
eminently manageable through negotiation after a clean debt ceiling
vote might take place.
So our Republican colleagues, I think--and I might be mistaken. You
know what? I am sure. They voted for more defense spending. $800
billion we are now at with defense spending. They voted for pandemic
relief. They voted for aid to Ukraine. How about the million and a half
new veterans that we have in America in the aftermath of the war in
Iraq and Afghanistan? They deserve our care, and our Republican
colleagues voted for that aid.
Republican Members, some of whom voted for the infrastructure bill,
some of them who voted for the legislation on the Inflation Reduction
Act, and some of them who voted for the CHIPS Act--that is what is in
front of us at this moment.
Here is the real ringer, Mr. Speaker. In December of 2017--and I hope
everybody pays attention to this argument--they voted to borrow $2.3
trillion over 10 years for the purpose of giving a tax cut to the
wealthiest among us with, by the way, modest to limited economic
growth.
Why is that important?
Because there has been $10 trillion worth of tax cuts over the last
25 years. Do you want me to recite it?
President Bush's tax cut in 2001, $1.3 trillion. They came back in
2003, another trillion, and subsequently presided over the invasion of
Iraq and Afghanistan, which we should note the cost of which are in the
trillions of dollars today.
They want us to believe that this problem that we have in front of
us--which I mentioned is manageable--they want us to believe that this
is the Democratic position on spending after they embraced the tax cuts
that I have just described.
This is about America's credit. What ever happened to the Republican
Party that talked about probity as it related to financial stability?
Whatever happened to the Republican Party that talked about the
importance of investment?
[[Page H2024]]
These arguments that they make now are largely vacuous because it is
inconsistent with the Republican Party I knew when I came to Congress.
They could borrow money for the Iraq war month after month to keep it
off budget so nobody would see what it was really about. They could
borrow money repeatedly, and the moment a Democrat gets to the White
House they are blamed for inflation.
I don't think Joe Biden should be blamed for inflation in the United
Kingdom. How about Germany? That is how empty these arguments are that
they are making.
There is a chance for us to do what we used to do here--and by the
way, Democrats responsibly voted for raising the debt ceiling three
times under the former President because we thought it was the
responsible thing to do. Speaker McCarthy got himself into this by the
promises that he made along the way.
The suggestion here is very simple, Mr. Speaker. Pass a clean debt
ceiling and then let's get on with negotiating.
Bill Clinton, on January 19, 2001, had balanced the budget four
times, projected surpluses in the trillions of dollars and 22 million
new jobs. The Republican Party gave it away through tax cuts to wealthy
people.
They are asking us today the following--they get to set the fire and
then call the fire department because that is what this argument is
about.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from Illinois (Mr. Bost), the chairman of the Veterans'
Affairs Committee.
Mr. BOST. Mr. Speaker, there is a lot of talk on this floor and
actually outside the Chamber today from the other side of the aisle
about this bill cutting veterans. Well, I am going to tell you, as the
only veteran among the four VA committee leaders responsible for
ensuring veterans have the care and services they have earned, and as a
father of a veteran, a grandfather of a veteran, a grandson of a
veteran, a son of a veteran, and a nephew of a veteran, you better
believe that I am dead serious that we are not cutting veterans, and I
mean it.
I don't know how much clearer we can be. Speaker McCarthy has been
very clear; we are not cutting veterans. Chairwoman Granger has said we
are not cutting veterans. I, as the chairman of the Veterans' Affairs
Committee: We are not cutting veterans. The White House and Democrats
know.
We can get our fiscal house in order while ensuring our
servicemembers and veterans are taken care of. Yet, with no regard for
the impact of their words, they continue to speak lies about how House
Republicans are cutting veterans' benefits, and it is false. It is
dangerous rhetoric and you ought to be ashamed of yourselves.
Simply put, you are placing politics and playing politics with our
veterans and their lives and their concerns. Veterans are not political
pawns to advance an agenda.
CBO says that the Limit, Save, Grow Act will grow the economy and
save American taxpayers money, which is a good thing. At the end of the
day, our veterans--you know what, they are taxpayers, too. They are
grandmothers and mothers and grandfathers and fathers. You know what?
They are concerned about their children and grandchildren.
If you believe in building an America that is worth our veterans'
selfless sacrifice, I urge you to stop playing politics, come to the
table and support the bill.
The SPEAKER pro tempore. Members are reminded to address their
remarks to the Chair.
Mr. NEAL. Mr. Speaker, my point was and is Republicans voted for the
PATH Act, as we did, and the bill is due.
Mr. Speaker, I yield 1 minute to the distinguished gentleman from New
York (Mr. Jeffries), the minority leader in the House of
Representatives, a champion of long-term worthwhile investments.
Mr. JEFFRIES. Mr. Speaker, I thank Mr. Neal for his extraordinary
leadership and continuing to work to elevate values that benefit
everyday Americans.
Mr. Speaker, I rise in strong opposition to the extreme MAGA
Republican default on America Act.
This reckless Republican effort to lead us down the road of a
dangerous default will hurt working families, hurt the middle class,
hurt all those Americans who aspire to be part of the middle class,
hurt young people, hurt seniors, hurt veterans, hurt the poor, the
sick, and the afflicted.
This will hurt people in urban America, rural America, exurban
America, small-town America, in Appalachia, and in the heartland of
America. It will hurt the least, the lost, and the left behind. The
extreme MAGA Republican default on America act will hurt everyday
Americans.
{time} 1600
Why? Because you want to jam your reckless, extreme ideology down the
throats of the American people in a hostage-taking situation. Instead
of producing a budget, which is what President Biden has done, you have
produced a ransom note.
The default on America act is a ransom note because effectively what
you are saying is: Pass our extreme MAGA Republican bill or else
America is going to default.
Now, we have a responsibility here in the United States Congress to
uphold the full faith and credit of the United States of America to
make sure that, as a country, we pay our bills, bills that have already
been incurred, and not default. That is what our responsibility is, not
as Democrats or as Republicans, but as Americans.
That is why, in the previous administration, Democrats three times
worked with the Trump administration to avoid a default--no
gamesmanship, no brinkmanship, no partisanship. We worked with the
previous administration, with which we disagreed often, to make sure
that America paid its bills, notwithstanding the fact that in our 247-
year history, 25 percent of America's debt was accumulated during the 4
years of the Trump administration.
We did our patriotic responsibility to make sure that America would
not default on our debt.
Now, with a different President in office, you want to play games.
You want to flirt with a default and take us down this dangerous path.
You claim it is all about fiscal responsibility. Give me a break.
That is rhetoric. That is not what the record shows, as Mr. Neal
articulated. This is not about fiscal responsibility. That is rhetoric.
What the record shows is that Democrats are the party of job creation
and fiscal responsibility, and Republicans have been the party of tax
cuts for the wealthy, the well-off, the well-connected, and exploding
deficits.
Bill Clinton inherited deficits from the previous two
administrations. Twenty million good-paying jobs were created during
the 8 years of the Clinton Presidency, and he eliminated the deficit.
In fact, he created a budget surplus.
President Barack Obama inherited the Great Recession, fiscal
irresponsibility. Fourteen million good-paying, private-sector jobs
were created during the Presidency of Barack Obama, and he reduced the
deficit by $1 trillion. He took it from $1.5 trillion to $500 billion.
Democrats are the party of job creation and fiscal responsibility.
Joe Biden inherited a mess. What did he do? In 2 years, more than 10
million jobs were created. Now that number is over 12 million. He
reduced the deficit by $1.7 trillion.
What is the Republican record? Why do you lecture us and lecture
America about fiscal responsibility?
The SPEAKER pro tempore (Mr. Womack). The gentleman is reminded to
direct his remarks to the Chair.
Mr. JEFFRIES. Mr. Speaker, what is the Republican record?
President Reagan came into office, and the first thing that he did
was massive tax cuts for the wealthy, the well-off, and the well-
connected, and explodes the deficit.
President George W. Bush came into office, and in 2001 and 2003,
massive tax cuts for the wealthy, the well-off, and the well-connected;
two failed wars; a deep recession; and explodes the deficit.
President Trump came into office. The first thing he did in 2017 was
massive tax cuts for the wealthy, the well-off, and the well-connected;
the GOP tax scam with 83 percent of the benefits going to the
wealthiest 1 percent in America; and explodes the deficits.
[[Page H2025]]
How dare you lecture America about fiscal responsibility when the
record shows that Democrats are the party of job creation and reducing
deficits, and Republicans are the party of tax cuts for the wealthy,
the well-off, the well-connected, and exploding the deficits.
We are not going to stand here and allow you to lecture us about
fiscal responsibility. What this is is an effort to try to extract
deep, painful cuts on everyday Americans.
There is a process for America to pay its bills. It should be
seamless. Then there is a budget process and an appropriations process.
That is where we can have a conversation about future spending, future
investments, and what the priorities should be.
President Joe Biden produced a budget. His budget will actually
protect and strengthen Social Security, build an economy that works for
everyday Americans, and cut the deficit by $3 trillion.
We have been asking for a Republican budget. Instead of giving us a
budget, you have given us a ransom note. That is what the default on
America act is, threatening a dangerous default. Pass it or else.
That is not statesmanship. That is brinkmanship. It will cause grave
harm to everyday Americans.
The reckless extreme MAGA Republican dangerous default effort risks
triggering a painful recession that will cost millions of good-paying
jobs.
This reckless Republican effort, this effort to lead us down a
dangerous default, will risk crashing the stock market and put in
jeopardy the retirement security of millions of older Americans.
This reckless Republican effort to lead us down a dangerous default
risks exploding costs for everyday Americans. That is what is in front
of us right now.
That is why we oppose this reckless effort to default on America.
This bill is unacceptable; it is unreasonable; it is unworkable; it is
unconscionable; and it is un-American. That is why we oppose it. That
is why we are urging a ``no'' vote, and that is why we are asking you
to come together not as Republicans but as Americans to do what has
always been done and make sure America pays bills that have already
been incurred and avoid a dangerous default.
The SPEAKER pro tempore. The Chair would like to remind Members, in
the interest of the proper decorum in the House, to address the Chair.
Mr. SMITH of Missouri. Mr. Speaker, we have heard a lot of comments
just recently about tax provisions that helped the wealthy, the well-
off, and the well-connected. Let's point out the Democrats' tax
policies that we are ripping out from the roots are helping the
wealthy, the well-off, and the well-connected.
Mr. Speaker, I include in the Record analyses from the Joint
Committee on Taxation, showing that big corporations with more than $1
billion in sales receive over 90 percent of all special interest
electricity subsidies, and that financial institutions receive three
times more benefits from these tax credits than any other industry
where the wealthy, the well-off, and the well-connected benefit.
Congress of the United States
Joint Committee on Taxation,
Washington, DC, March 31, 2023.
From: Robert Harvey.
Subject: Distribution Data.
This memorandum is in response to your request of March 28,
2023, for data on the distribution of claims for certain
energy credits by the gross receipts of the taxpayer. Below
we report the tentative claims for credit under Code section
45, the credit for electricity produced from certain
renewable resources, and the tentative claims for credit
under section 48, the energy investment credit, by C
corporations for the 2019 tax year and 2020 tax year. The
amounts reported are the tentative claims for credit before
any limitation that the taxpayer might face and before any
audit adjustment that might occur. For each of section 45 and
section 48 we report the dollars of credit claimed
categorized by gross receipts reported on line 1c of Form
1120, U.S. Corporation Income Tax Return.
TENTATIVE SECTION 45 CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES
[Tax years 2019 and 2020, millions of dollars]
----------------------------------------------------------------------------------------------------------------
2019 2020
---------------------------------------------------
Gross Receipts Category Amount of Percentage Amount of Percentage
Credit Share Credit Share
----------------------------------------------------------------------------------------------------------------
Less than $1 billion........................................ 349 5.5 231 3.1
$1 billion-$25 billion...................................... 2,538 40.2 2,560 34.6
More than $25 billion....................................... 3,432 54.3 4,619 62.3
---------------------------------------------------
Total................................................... 6,319 100.0 7,409 100.0
----------------------------------------------------------------------------------------------------------------
TENTATIVE SECTION 48 ENERGY CREDIT
[Tax years 2019 and 2020, millions of dollars]
----------------------------------------------------------------------------------------------------------------
2019 2020
---------------------------------------------------
Gross Receipts Category Amount of Percentage Amount of Percentage
Credit Share Credit Share
----------------------------------------------------------------------------------------------------------------
Less than $1 billion........................................ 571 10.3 558 7.9
$1 billion-$25 billion...................................... 2,731 49.4 2,740 38.9
More than $25 billion....................................... 2,222 40.2 3,748 53.2
---------------------------------------------------
Total................................................... 5,524 100.0 7,047 100.0
----------------------------------------------------------------------------------------------------------------
Note: Details may not sum to totals due to rounding.
Congress of the United States,
Joint Committee on Taxation,
Washington, DC, March 31, 2023.
From: Robert Harvey.
Subject: Tentative Energy Credits by Industry.
This memorandum is in response to your request for data on
claims for certain energy credits by industry, including
credits claimed by management companies. Below we report the
tentative claims for credit under Code section 45, the credit
for electricity produced from certain renewable resources,
and the tentative claims for credit under section 48, the
energy investment credit, by C corporations for the 2019 and
2020 tax years. The amounts reported are the tentative claims
for credit before any limitation that the taxpayer might face
and before any audit adjustment that might occur. For each of
section 45 and section 48 we report the dollars of credit
claimed by industry using the North American Industrial
Classification System (``NAICS'') code level. Presenting
these data at a finer level of detail potentially would
create concerns of disclosure of information specific to
taxpayers. For example, for section 45 we removed 2020 data
for the wholesale and retail trade industry as the sample
size became too limited.
TENTATIVE SECTION 45 CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES
[Millions of dollars]
------------------------------------------------------------------------
NAICS Code 2018 2019 2020
------------------------------------------------------------------------
22 Utilities........................... 1,138 989 1,263
221100 Electric Power Generation, 571 460 578
Transmission and Distribution.....
All other utilities................ 567 529 684
31 Manufacturing....................... 515 266 188
41 Wholesale and Retail Trade.......... 760 990 na
52 Finance and Insurance............... 943 877 871
524 Insurance...................... 461 407 420
All other finance and insurance.... 482 469 451
55 Management of Companies (Holding 1,909 2,880 3,385
Companies)............................
551111 Bank Holding Companies...... 1,898 2,839 3,354
551112 Other Holding Companies..... 11 41 31
All Other Industries................... 317 318 1,704
--------------------------------
Total.......................... 5,581 6,319 7,410
------------------------------------------------------------------------
[[Page H2026]]
TENTATIVE SECTION 48 ENERGY CREDIT
[Millions of dollars]
------------------------------------------------------------------------
NAICS Code 2018 2019 2020
------------------------------------------------------------------------
11 Agriculture, Forestry, Fishing, and 13 10 na
Hunting...............................
22 Utilities........................... 1,127 1,118 1,191
221100 Electric Power Generation, 999 906 1,063
Transmission and Distribution.....
All other utilities................ 128 212 128
23 Construction........................ 36 67 39
31 Manufacturing....................... 342 245 247
42 Wholesale Trade..................... 81 175 147
44 Retail Trade........................ 271 299 547
52 Finance and Insurance............... 658 657 1,372
522110 Commercial Banking.......... 120 19 202
522120 Savings Institutions, Credit 31 54 51
Unions............................
524 Insurance...................... 403 389 539
All other finance and insurance.... 104 194 581
53 Real Estate and Rental Leasing...... 31 17 20
55 Management of Companies (Holding 2,231 2,749 3,169
Companies)............................
551111 Bank Holding Companies...... 2,216 2,729 3,144
551112 Other Holding Companies..... 15 20 25
All Other Industries................... 102 187 316
--------------------------------
Total.......................... 4,891 5,524 7,047
------------------------------------------------------------------------
We note this analysis is based on income tax returns filed
by C corporations where taxpayers report the industry in
which they are primarily engaged, identifying the industry by
the code numbers established under the NAICS. This is self-
reported, and the Internal Revenue Service does not
necessarily verify the accuracy of the classification stated
by the taxpayer.
Mr. SMITH of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from Pennsylvania (Mr. Reschenthaler).
Mr. RESCHENTHALER. Mr. Speaker, I thank my good friend from Missouri
for yielding.
Mr. Speaker, I would like to engage the gentlewoman from Virginia
(Mrs. Kiggans), who is my fellow Navy veteran, for the purpose of a
colloquy.
Mrs. KIGGANS of Virginia. Will the gentleman yield?
Mr. RESCHENTHALER. I yield to the gentlewoman.
Mrs. KIGGANS of Virginia. Mr. Speaker, I thank the gentleman from
Pennsylvania for yielding.
Mr. Speaker, I strongly agree with him on Washington's excessive
spending. Republicans are ready to lead the way to end the era of
reckless government spending.
After only 2 years under the Biden administration, our Federal
deficit has grown by over $6 trillion. This is unacceptable for our
country but especially for our children, who will inherit this deficit.
However, I also agree that our great Nation cannot default on our
debts, and this bill, like all others, must be paid. I support lifting
the debt ceiling, but only if coupled with reforms to Washington's
wasteful spending in order to repair the inflation crisis and
strengthen America's economy.
While the President has offered no plan to avoid default, I am proud
to be a part of this new Republican majority that has put forward the
Limit, Save, Grow Act, which proposes solutions.
That being said, I do have serious concerns with the provisions of
this legislation that repeals clean energy investment tax credits,
particularly for wind energy. These credits have been very beneficial
to my constituents, attracting significant investment and new
manufacturing jobs for businesses in southeast Virginia. The energy
production happening in my district will incentivize clean energy
solutions here in America and provide jobs for Virginians and energy
options for military installations in my district.
For all of these reasons, I do not support the repeal of these clean
energy tax credits.
I recognize that this bill is not the final product, but I also
understand that it gets us to the negotiating table. I worked hard for
a new Republican majority to have a seat at that table.
My ask is for the gentleman's assurance that I will be able to
address these concerns as we move forward in those negotiations and
advocate for the interests of my district.
Mr. RESCHENTHALER. Mr. Speaker, I thank the gentlewoman for her
remarks and for working with us on this bill. I would like the
gentlewoman to know that I support repealing these tax credits, but I
understand the gentlewoman's concerns on some individual provisions in
this bill.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SMITH of Missouri. Mr. Speaker, I yield an additional 30 seconds
to the gentleman from Pennsylvania.
Mr. RESCHENTHALER. Of course, we will continue to work with the
gentlewoman from Virginia just like we will with all Members on making
sure we are paying our Nation's debts and lifting our debt ceiling, but
doing it in a responsible, reasonable, and sensible manner, and
bringing Chuck Schumer and Joe Biden to the negotiation table.
Mrs. KIGGANS of Virginia. Mr. Speaker, I have full faith we can
negotiate a final debt ceiling deal that both restores fiscal
responsibility and empowers Americans to be good stewards of our
Nation's vast natural resources.
Mr. NEAL. Mr. Speaker, I thank the gentlewoman from Virginia for
calling attention to these tax credits.
Talk about fortuitous timing, Mr. Speaker, here is the author of
these tax credits, all $370 billion, along with Earl Blumenauer. We
intend to lay out where these tax credits are going to in Republican
districts and see if those Members wish to take advantage of those tax
credits or not.
Mr. Speaker, I yield 1 minute to the gentleman from California (Mr.
Thompson), who is a veteran.
Mr. THOMPSON of California. Mr. Speaker, I rise in strong opposition
to the default on America act.
Mr. Speaker, we need to raise the debt ceiling not because of money
we want to spend in the future but because of money that we have
already spent.
Both parties have contributed to our current debt, including over $2
trillion of debt caused by the 2017 Republican tax bill and hundreds of
billions in COVID relief spending voted for by both parties and signed
into law by a Republican President.
One-quarter of our Nation's debt was racked up during the previous
administration, and now Republicans are trying to use our obligation to
pay our debts as a leverage point to kick millions of people off
of healthcare insurance, to defund the biggest investment in climate
change in our country's history, and to make it harder for the neediest
among us to feed themselves.
Let's be clear. If we default on our debt, the consequences will be
felt by every American.
We have repeatedly passed a clean debt ceiling bill, and we need to
do that today. It is time to stop playing games with our debt and end
this attack on the stability of the American economy.
Mr. SMITH of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from Utah (Mr. Moore).
Mr. MOORE of Utah. Mr. Speaker, I rise today in support of the Limit,
Save, Grow Act.
Every time I talk about debt, deficit spending, the budget--
anything--I think about my four boys who are 10 years of age and under.
I bring it up a lot, and it drives what I do. It gets me out of bed
every single day to be working on this. I just can't hear one more
time: Well, let's just raise the debt ceiling, and then let's get to
work on this.
It is no longer time for that. We cannot accept not using every
single opportunity that we have back here in Congress to address this.
I am in my second term in Congress. I have sat on the sidelines, and
I have watched us constantly do this over and over again. I want to see
something substantive happen here.
That is what we are doing here today, Mr. Speaker. We are trying to
do something substantive.
Our debt exceeds $30 trillion. The optimism of our future depends on
what we do over the next 10 years.
We have learned that the outcome is not good for empires that
overextend themselves like we have done.
America has done this before, and we are at an inflection point. Our
debt to GDP is where it was right after World War II, and for the bulk
of the 21st century, we were able to get our debt to GDP down.
We have to take action, and we have to do it now.
Let's use this opportunity like we have done over the last 30 or 40
years when there is a debt ceiling increase that comes up. Let's take
advantage of this, and let's find a way to reduce our spending. That is
the best way to address our debt-to-GDP ratio, and I know everybody in
this Chamber understands that.
{time} 1615
We have an opportunity. This spring is our moment, again, to stop
debt-fueled spending sprees and give our children a fair shot at
success and not a mountain of IOUs.
This act saves $4.8 trillion, it grows our economy and our workforce,
and I urge my colleagues to support this bill.
[[Page H2027]]
Mr. NEAL. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Massachusetts (Ms. Clark), the minority whip and a great talent in the
Democratic Party.
Ms. CLARK of Massachusetts. Mr. Speaker, I rise in strong opposition
to this reckless default on America act. I have got to say, I see why
the Republicans put this together in the dead of night. I wouldn't want
Americans to see this plan, either. It is the same GOP playbook: Give
more to the rich and elite, stick hardworking Americans with the bill,
and threaten economic disaster if we don't go along.
Why exactly is the GOP endangering American livelihoods?
They want to help a few rich friends dodge their taxes.
What is the cost to the American people?
Here are just a few: 2,400 Border Patrol agents off the job, 300,000
kids out of childcare, 400,000 families evicted from their homes, a
million seniors kicked off of Meals on Wheels, $2 billion taken away
from veterans' healthcare; that is 30 million doctors' appointments
stolen from veterans. It is disgraceful.
Mr. Speaker, there is one responsible path forward--a clean,
unconditional vote to avoid default, something the GOP did three times
under Donald Trump. As Trump put it himself, we cannot use the debt
ceiling to negotiate.
Stop the madness. Deliver a resounding ``no'' vote on this dangerous
piece of political theater.
Mr. SMITH of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from Tennessee (Mr. Kustoff).
Mr. KUSTOFF. Mr. Speaker, I rise today in support of the Republicans'
plan to avoid a Federal default, to rein in spending, and get our
economy back on track: The Limit, Save, Grow Act.
Over the last 2 years, Democrats' out-of-control spending has
drastically and dramatically increased our 10-year spending trajectory.
That includes the $2 trillion misnamed American Rescue Plan that
ignited the highest rise in consumer prices and inflation in 40 years.
Americans are paying the price for this radical spending that
completely bloated our Federal spending.
House Republicans are committed to finding a sensible debt ceiling
solution that will strengthen the American economy, protect American
families, and save taxpayers over $4 trillion over the next 10 years.
The Limit, Save, Grow Act will do the following:
It will limit Washington's irresponsible spending.
It will save taxpayer dollars.
It will grow the American economy.
House Republicans are the only ones who have actually put forward a
plan that will keep our Federal Government from defaulting. It is time
for President Biden to come to the table and negotiate.
Mr. Speaker, I urge all my colleagues to support this important
legislation that will help families, businesses, and farmers in west
Tennessee and across the Nation.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Doggett), a longtime observer and critic of Republican spending
plans in the House.
Mr. DOGGETT. Mr. Speaker, I oppose this Republican ``Default on
America'' act because it will create more deficits for millions of
Americans. It will create an educational opportunity deficit for the
students that are relying on Pell grants, seeing them slashed, and
their hope for debt forgiveness dashed. It would create an educational
opportunity deficit for the children that are denied preschool.
=========================== NOTE ===========================
On April 26, 2023, on page H2027, in the second column, the
following appeared: Mr. DOGGETT. Mr. Speaker, I oppose this
Republican default on America act
The online version has been corrected to read: Mr. DOGGETT. Mr.
Speaker, I oppose this Republican ``Default on America'' act
========================= END NOTE =========================
Though our Central Texas Food Bank is already overwhelmed, another
deficit would mean more hunger. Rent assistance would also be cut for
40,000 Texans, as we have an affordability crisis.
Perhaps the biggest deficit of all out of this bill, their failure to
address the climate crisis. Once merely ignoring science as climate
deniers, they have now become destroyers of even the most modest
measures Democrats took to address the climate crisis and incentivize
renewable energy, create new jobs, and lower energy costs. Instead,
they promote more fossil fuels and more fossilized thinking.
For the health of Americans, the health of our economy, and the
health of our planet, reject this fraudulent bill.
Mr. SMITH of Missouri. Mr. Speaker, I yield 3 minutes to the
gentleman from Pennsylvania (Mr. Smucker).
Mr. SMUCKER. Mr. Speaker, the last time the U.S. debt held by the
public equaled our total economic output was just after World War II.
After that, economic policies, fiscal policies that put our country on
the right track resulted in decades of American prosperity and American
leadership across the world.
Today, the trajectory is far different, as shown on this chart. Our
debt-to-GDP ratio, the best economic measure to show the health of our
economy, is projected to go up from 98 percent today to 118 percent in
the next 10 years and double our economy in just the next 30 years.
All I hear from Democrats today is pass a clean debt ceiling.
Does anyone on their side care about this trajectory which will end
in disaster?
The President certainly has no plan to reduce our debt. He refuses to
even negotiate or to acknowledge our debt challenges.
The Republican plan today, which I am proud to support, is the Limit,
Save, Grow Act. This bill will rescind unspent COVID-19 funds, reverse
Democrats' inflationary Green New Deal corporate welfare policies while
allowing for responsible 1 percent annual increases in discretionary
spending so America can continue to invest in core functions of
government.
All in all, the bill will reduce, as seen on this line, future debt
growth by $5 trillion over the next 10 years and begin to decrease our
projected debt-to-GDP ratio by 12 points over the next 10 years.
Growing our GDP is the second part of the equation, to boost economic
growth. The bill includes reforms to unleash domestic energy production
and implements pro-growth work requirements that will strengthen our
recovering labor force.
This bill alone, as seen in this chart, is not enough to solve our
Nation's fiscal issues, but it is a very important first step toward
getting our debt-to-GDP ratio on a descending trajectory. It will begin
to bend the curve.
I call on the President to negotiate in good faith with Republicans
to raise the debt ceiling and put forward policies to limit, save, and
grow.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from Oregon
(Mr. Blumenauer) who had a profound impact on writing the tax credits
that the gentlewoman from Virginia acknowledged a moment ago.
Mr. BLUMENAUER. Mr. Speaker, I listened carefully to the chairman of
the Ways and Means Committee, and there are some shared goals here:
Ending welfare for the wealthy and helping people realize the dignity
of work. There are ways we can come together to do that, but let's not
do it by making it harder for poor people to get food.
You want to end welfare for fairway farmers. There is no recognition
that people who get these lavish subsidies are actually on the farm and
working. There were almost 20,000 farmers who got payments averaging $1
million a year for 37 consecutive years. Let's cap and limit those
lavish subsidies. Let's require people who get them to work on the
farm. Let's have some limits, not poor people seeking food, but fairway
farmers and those who are benefiting from these lavish expenditures. We
can do better.
Mr. SMITH of Missouri. Mr. Speaker, I include in the Record this JCT
analysis from 2022, suggesting that the total costs of the special
interest tax credits for the rich in the Inflation Reduction Act would
be $271 billion.
Mr. Speaker, I also include in the Record yesterday's CBO score,
which shows that the cost has more than doubled to $570 billion, and it
is growing every day. The wealthy and politically connected
corporations will receive hundreds of billions of dollars more than
advertised.
[[Page H2028]]
ESTIMATED BUDGET EFFECTS OF THE REVENUE PROVISIONS OF TITLE I--COMMITTEE ON FINANCE, OF AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 5376, ``AN ACT TO PROVIDE FOR RECONCILIATION PURSUANT
TO TITLE II OF S. CON RES. 14,'' AS PASSED BY THE SENATE ON AUGUST 7, 2022, AND SCHEDULED FOR CONSIDERATION BY THE HOUSE OF REPRESENTATIVES ON AUGUST 12, 2022
Fiscal years 2022-2031 [millions of dollars]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Provision Effective 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2022-26 2022-31
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE I--COMMITTEE ON FINANCE
SUBTITLE A--DEFICIT REDUCTION
Part 1--Corporate Tax Reform-- tyba 12/31/22........ - - - 34,679 34,258 22,039 17,702 18,699 20,798 22,756 24,658 26,659 108,678 222,248
Corporate Alternative Minimum
Tax.
Part 2--Excise Tax on rosa 12/31/22........ - - - 5,697 7,875 8,070 8,581 8,882 8,838 8,603 8,500 8,641 30,223 73,686
Repurchase of Corporate Stock.
Part 3--Funding the Internal DOE.................. Estimate to be Provided by the Congressional Budget Office
Revenue Service and Improving
Taxpayer Compliance--
Enhancement of Internal
Revenue Service Resources.
SUBTITLE A--DEFICIT REDUCTION...... - - - 40,376 42,133 30,109 26,283 27,581 29,636 31,359 33,158 35,300 138,901 295,934
SUBTITLE B--PRESCRIPTION DRUG - - -................ Estimate to be Provided by the Congressional Budget Office
PRICING REFORM--LOWERING DRUG
PRICES THROUGH DRUG PRICE
NEGOTIATION.
SUBTITLE C--AFFORDABLE CARE ACT tyba 12/31/22........ Estimate to be Provided by the Congressional Budget Office
SUBSIDIES--IMPROVE AFFORDABILITY
AND REDUCE PREMIUM COST OF HEALTH
INSURANCE FOR CONSUMERS (sunset 12/
31/25).
SUBTITLE D--ENERGY SECURITY
Part 1--Clean Electricity and
Reducing Carbon Emissions
1. Extension and modification fpisa 12/31/21 & - - - -1,562 -2,183 -3,317 -4,822 -6,428 -7,677 -8,232 -8,329 -8,511 -11,885 -51,062
of credit for electricity ftcowba DOE & fpisa
produced from certain 12/31/22.
renewable resources (sunset 12/
31/24) [1].
2. Extension and modification generally ppisa 12/31/ - - - -2,140 -1,559 -2,458 -5,367 -2,359 -48 -38 -9 15 -11,523 -13,962
of energy credit (sunset 12/31/ 21.
24) [1].
3. Increase in energy credit 1/1/23............... Estimate Included in Items 1. and 2. Above
for solar facilities placed in
service in connection with low-
income communities.
4. Extension and modification foepisa 12/31/22 & - - - -42 -303 -469 -495 -463 -429 -388 -343 -296 -1,309 -3,229
of credit for carbon oxide cocadoa 12/31/21.
sequestration (sunset 12/31/
32) [1].
5. Zero-emission nuclear power epasa 12/31/23 - - - - - - -2,188 -3,524 -3,710 -3,838 -3,960 -4,050 -4,279 -4,452 -9,421 -30,001
production credit (sunset 12/ itybasd.
31/32) [1].
Total of Part 1--Clean - - - -3,744 -6,233 -9,768 -14,394 -13,088 -12,115 -12,709 -12,961 -13,243 -34,138 -98,254
Electricity and Reducing
Carbon Emissions.
Part 2--Clean Fuels
1. Extensions of incentives for [2].................. - - - -2,776 -1,780 -1,015 - - - - - - - - - - - - - - - - - - -5,571 -5,571
biodiesel, renewable diesel
and alternative fuels (sunset
12/31/24).
2. Extensions of second qsgbpa 12/31/21...... - - - -24 -20 -10 - - - - - - - - - - - - - - - - - - -54 -54
generation biofuel incentives
(sunset 12/31/24).
3. Sustainable aviation fuel FSOUA 12/31/22....... - - - -10 -25 -14 -- -- -- -- -- -- -49 -49
credit (sunset 12/31/24).
4. Credit for production of [3].................. - - - -131 -362 -610 -918 -1,251 -1,627 -2,082 -2,667 -3,518 -2,021 -13,166
clean hydrogen (sunset 12/31/
32) [1].
Total of Part 2--Clean - - - -2,941 -2,187 -1,649 -918 -1,251 -1,627 -2,082 -2,667 -3,518 -7,695 -18,840
Fuels.
Part 3--Clean Energy and Efficiency
Incentives for Individuals
1. Extension, increase, and [4].................. ......... -1,887 -1,348 -1,324 -1,345 -1,327 -1,277 -1,301 -1,314 -1,327 -5,904 -12,451
modifications of nonbusiness
energy property credit (sunset
12/31/32).
2. Extension and modification ema 12/31/21 & ema 12/ ......... -459 -1,021 -2,692 -2,770 -2,850 -2,935 -3,019 -3,092 -3,185 -6,942 -22,022
of the residential energy 31/22.
efficient property credit
(sunset 12/31/34).
3. Energy efficient commercial tyba 12/31/22 & ppisa - - - -62 -50 -46 -42 -38 -35 -32 -30 -28 -200 -362
buildings deduction. 12/31/22 ityeasd.
4. Extension, increase, and duaa 12/31/21........ - - - -273 -193 -203 -216 -230 -241 -240 -229 -217 -887 -2,043
modifications of new energy
efficient home credit (sunset
12/31/32).
Total of Part 3--Clean - - - -2,681 -2,612 -4,265 -4,373 -4,445 -4,488 -4,592 -4,665 -4,757 -13,932 -36,879
Energy and Efficiency
Incentives for Individuals.
Part 4--Clean Vehicles
1. Clean vehicle credit (sunset generally vpisa 12/31/ - - - -85 -451 -557 -681 -854 -1,024 -1,155 -1,303 -1,429 -1,775 -7,541
12/31/32) [1]. 22.
2. Credit for previoiusly-owned vaa 12/31/22......... - - - -99 -96 -120 -132 -146 -162 -179 -197 -215 -447 -1,347
clean vehicles (sunset 12/31/
32) [1].
3. Credit for qualified vaa 12/31/22......... - - - -189 -177 -228 -298 -388 -469 -539 -607 -687 -892 3,583
commercial clean vehicles
(sunset 12/31/32.
4. Alternative fuel refueling ppisa 12/31/21....... - - - -138 -128 -145 -164 -184 -207 -231 -257 -284 -575 -1,738
property credit (sunset 12/31/
32).
Total of Part 4--Clean - - - -511 -852 -1,050 -1,275 -1,572 -1,862 -2,105 -2,365 -2,615 -3,689 -14,209
Vehicles.
Part 5--Investment in Clean Energy
Manufacturing and Energy Security
1. Extension of the advanced 1/1/23............... - - - -1,463 -1,377 -915 -926 -614 -442 -280 -196 -42 -4,681 -6,255
energy project credit [1].
2. Advanced manufacturing cpasa 12/31/22....... - - - -1,755 -2,503 -2,691 -3,165 -3,563 -3,938 -4,534 -4,562 -3,921 -10,115 -30,632
production credit (sunset 12/
31/32) [1].
Total of Part 5--Investment - - - -3,218 -3,880 -3,606 -4,091 -4,177 -4,380 -4,814 -4,758 -3,963 -14,796 -36,887
in Clean Energy
Manufacturing and Energy
security.
Part 6--Reinstatement of Superfund. 1/1/23............... - - - 902 1,230 1,271 1,304 1,336 1,368 1,402 1,436 1,470 4,707 11,719
Part 7--Incentives for Clean
Electricity and Clean
Transportation
1. Clean electricity production fpisa 12/31/24....... - - - - - - - - - - - - -12 -45 -571 -1,864 -3,497 -5,215 -12 -11,204
credit [1].
2. Clean electricity investment ppisa 12/31/24....... - - - - - - - - - -39 -57 -6,575 -10,315 -10,742 -11,264 -11,865 -97 -50,858
credit [1].
3. Cost recovery for qualified fappisa 12/31/24..... - - - - - - - - - - - - - - - -26 -83 -134 -171 -211 - - - -624
facilitites, qualified
property, and energy storage
technology.
4. Clean fuel production credit tfpa 12/31/24........ - - - - - - - - - -641 -791 -1,177 -337 --- --- --- -1,432 -2,946
(sunset 12/31/27) [1].
Total of Part 7--Incentives - - -................ - - - - - - - - - -680 -860 -7,823 -11,306 -12,740 -14,932 -17,291 -1,541 -65,632
for Clean Electricity and
Clean Transportation.
Part 8--Credit Monetization and tyba 12/31/22........ Estimates Contained in Relevant Items Above
Appropriations--Elective Payment
for Energy Property and
Electricity Produced from Certain
Renewable Resources, etc., and
Transfer of Credits [1].
Part 9--Other Provisions
1. Permanent extension of tax [6].................. - - - 103 135 131 130 130 131 132 133 134 498 1,159
rate to fund Black Lung
Disability Trust Fund.
2. Increase in research credit tyba 12/31/22........ - - - -16 -13 -15 -16 -18 -21 -22 -23 -24 -60 -168
against payroll tax for small
businesses.
3. Limitation on excess tyba 12/31/26........ - - - - - - - - - - - - - - - 17,666 26,198 9,453 -274 -284 - - - 52,759
business losses of
noncorporate taxpayers
extended for two years.
Total of Part 9--Other - - -................ - - - 87 122 116 114 17,778 26,308 9,563 -164 -174 438 53,750
Provisions.
SUBTITLE D--ENERGY SECURITY........ - - -................ - - - -12,107 -14,412 -19,631 -24,493 -13,243 -8,101 -28,076 -41,076 -44,091 -70,646 -205,231
------------------------------------------------------------------------------------------------------------------------------------------------------------
NET TOTAL.................. - - -................ - - - 28,269 27,721 10,478 1,790 14,338 21,535 3,283 -7,918 -8,791 68,255 90,703
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Joint Committee on Taxation
NOTE: Details may not add to totals due to rounding. The date of enactment is assumed to be September 1, 2022. Revenue provisions as stated in statutory language 117SAHR5376.
Legend for ``Effective'' column.
cocadoa = carbon oxide captured and disposed of after
cpasa = components produced and sold after
DOE = date of enactment
duaa = dwelling units acquired after
ema = expenditures made after
epasa = electricity produced and sold after
fappisa = facilities and property placed in sevice after
foepisa = facilities or equipment placed inservice after
[[Page H2029]]
fpisa = facilities placed in service after
fsoua = fuel sold or used after
ftcowba = facilities the construction of which begins after
itybasd = in taxable years beginning after such date
ityeasd = in taxable years ending after such date
ppisa = property placed in service after
rosa = repurchases of stock after
qsgbpa = qualified second generation biofuel production after
tfpa = transportation fuel produced after
tyba = taxable years beginning after
vaa = vehicles acquired after
vpisa = vehicles placed in service after
[1] Estimate contains the following outlay effects:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2022-26 2022-31
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Extension and modification of
credit for electricity produced
from certain renewable resources
(sunset 12/31/24)................ Negligible Outlay Effect
Extension and modification of
energy credit (sunset 12/31/24).. Negligible Outlay Effect
Extension and modification of - - - 20 145 225 238 222 206 186 165 142 628 1,550
credit for carbon oxide
sequestration (sunset 12/31/32)..
Zero-emission nuclear power - - - - - - 1,050 1,692 1,781 1,842 1,901 1,944 2,054 2,137 4,522 14,401
production credit (sunset 12/31/
32)..............................
Credit for production of clean - - - 59 149 244 364 498 657 851 1,086 1,410 815 5,317
hydrogen (sunset 12/31/32).......
Extension of the advanced energy
project credit................... Negligible Outlay Effect
Clean vehicle credit (sunset 12/31/
32).............................. Negligible Outlay Effect
Credit for previously-owned clean
vehicles (sunset 12/31/32)....... Negligible Outlay Effect
Advanced manufacturing production - - - 842 1,201 1,291 1,519 1,710 1,890 2,176 2,189 1,882 4,853 14,699
credit (sunset 12/31/32).........
Clean electricity production - - - 1 1 2 2 3 3 4 5 6 6 26
credit...........................
Clean electricity investment
credit........................... Negligible Outlay Effect
Clean fuel production credit...... Negligible Outlay Effect
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[2] Effective for fuel sold or used after December 31, 2022, for biodiesel and renewable diesel, and December 31, 2021 for alternative fuels.
[3] Effective for hydrogen produced after December 31, 2022, for property placed in service after December 31, 2022, and, for any property the construction of which begins prior to January 1,
2023, only to the extent of the basis thereof attributable to the construction, reconstruction, or erection after December 31, 2022, and for fuel sold or used after December 31, 2022.
[4] Applies to property placed in service after December 31, 2022. Extension of credit shall apply to property placed in servie after December 31, 2021 and identification number requirement
shall apply to property placed in service after December 31, 2024.
[5]The temporary increase in the amount of tax on coal terminates for sales after December 31, 2025.
[6] Applies to sales in calendar quarters beginning after the date of the enactment.
TABLE 1.--CHANGES IN CBO'S BASELINE PROJECTIONS OF H.R. 2811, THE DEFICIT UNDER THE LIMIT, SAVE, GROW ACT OF 2023, AS POSTED ON THE WEBSITE OF THE HOUSE COMMITTEE ON RULES ON APRIL 19, 2023
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, billions of dollars--
----------------------------------------------------------------------------------------------------------------------------------------
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2023-2033
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Increases or Decreases (-) in the Projected Deficit
Caps on Discretionary Funding a........................ 0 -129.0 -201.8 -243.7 -279.7 -314.0 -342.8 -373.1 -404.3 -436.2 -469.9 -3,194.5
Student Loan Programs.................................. -387.0 -6.2 -6.7 -7.2 -7.7 -7.7 -7.6 -7.6 -7.5 -7.4 -7.4 -460.0
Energy Tax Provisions (JCT estimate) b -13.1 -35.5 -49.9 -63.2 -68.1 -66.1 -62.9 -55.6 -53.3 -54.0 -47.9 -569.5
Funding for the Internal Revenue Service and Related -0.7 3.4 8.4 11.8 14.3 16.2 17.6 17.4 17.3 8.8 5.3 119.7
Agencies..............................................
Work Requirements...................................... 0 -0.6 -5.6 -8.5 -11.8 -12.8 -13.9 -15.1 -16.1 -17.2 -18.5 -120.1
Rescissions of Funds Provided in Six Laws Enacted From -13.8 -9.7 -3.8 -1.4 -0.6 -0.1 -0.1 0 0 0 0 -29.5
2020 to 2022..........................................
Energy Leasing and Permitting Provisions............... -0.4 -2.0 -4.3 -5.7 -4.3 0.3 2.6 3.1 3.2 3.3 0.8 -3.4
Debt Service c......................................... -0.5 -4.2 -11.9 -20.7 -30.9 -43.1 -55.6 -70.4 -85.8 -102.5 -121.4 -547.0
Total Change in the Projected Deficit.............. -415.4 -183.7 -275.6 -338.6 -388.8 -427.3 -462.7 -501.4 -546.5 -605.2 -659.0 -4,804.3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office, staff of the Joint Committee on Taxation (JCT).
Components may not sum to totals because of rounding.
Budgetary effects are relative to CBO's February 2023 baseline projections and include updates to incorporate new information about certain programs.
a This estimate incorporates the assumption that future appropriations will match the proposed caps, where applicable, and that funding that would not be constrained by the caps (such as
funding designated as an emergency requirement) will match amounts in CBO's baseline projections. Deficits could be larger or smaller, depending on whether the amounts appropriated are
larger or smaller than the amounts that CBO projects in this analysis.
b Estimates provided by JCT are preliminary and subject to change.
c Changes in CBO's estimates of public debt for the 2023-2033 period under the bill are driven primarily by changes to estimated annual budget deficits. However, changes to the government's
cash flows associated with the federal student loan program (not shown in this table) also affect CBO's estimates of public debt and of the interest required to service that debt.
TABLE 2.--CHANGES TO CBO'S PROJECTIONS OF DISCRETIONARY SPENDING UNDER THE CAPS SPECIFIED IN H.R. 2811, THE LIMIT, SAVE, GROW ACT OF 2023, AS POSTED ON THE WEBSITE OF THE HOUSE COMMITTEE ON
RULES ON APRIL 19, 2023
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, billions of dollars--
----------------------------------------------------------------------------------------------------------------------------------------
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2023-2033
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Projections of Discretionary Spending
CBO's February 2023 Baseline:
Budget Authority................................... 1,823.7 1,906.6 1,952.0 1,995.3 2,045.7 2,093.6 2,143.5 2,195.1 2,247.4 2,300.3 2,356.1 23,059.5
Outlays............................................ 1,741.2 1,864.4 1,955.4 2,004.9 2,063.1 2,119.0 2,159.1 2,215.0 2,266.4 2,319.2 2,380.2 23,087.8
With Proposed Caps on Discretionary Budget Authority: a
Budget Authority................................... 1,823.7 1,677.9 1,696.4 1,712.8 1,732.4 1,752.1 1,769.8 1,789.9 1,807.7 1,827.6 1,847.3 19,437.9
Outlays............................................ 1,741.2 1,735.4 1,753.6 1,761.2 1,783.4 1,805.0 1,816.3 1,841.9 1,862.1 1,883.0 1,910.3 19,893.3
Effect of Proposed Discretionary Caps Relative to the
February 2023 Baseline:
Budget Authority................................... 0 -228.7 -255.6 -282.5 -313.3 -341.5 -373.7 -405.2 -439.7 -472.7 -508.8 -3,621.6
Outlays............................................ 0 -129.0 -201.8 -243.7 -279.7 -314.0 -342.8 -373.1 -404.3 -436.2 -469.9 -3,194.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Congressional Budget Office.
Components may not sum to totals because of rounding.
a The bill specifies caps on most discretionary budget authority for fiscal years 2024 through 2023. Appropriations designated for certain categories of spending would result in adjustments,
and limits would apply to some of those adjustments. The caps would not apply to funding for certain programs under the 21st Century Cures Act or to certain funding from the Harbor
Maintenance Trust Fund.
[[Page H2030]]
TABLE 3.--ESTIMATED DIRECT SPENDING AND REVENUE EFFECTS OF H.R. 2811, THE LIMIT, SAVE, GROW ACT OF 2023, AS POSTED ON THE WEBSITE OF THE HOUSE COMMITTEE ON RULES ON APRIL 19, 2023
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, billions of dollars--
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2023-2028 2023-2033
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Increases or Decreases (-) in Direct Spending
Federal Student Loans:
Student Loan Cancellation:
Estimated Budget Authority......... -319.6 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 -317.6 -315.6
Estimated Outlays.................. -319.6 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 -317.6 -315.6
Income-Driven Repayment Plan:
Estimated Budget Authority......... -43.3 -6.0 -6.5 -7.2 -8.0 -8.1 -8.1 -8.1 -8.1 -8.3 -8.4 -79.1 -120.1
Estimated Outlays.................. -42.8 -5.2 -5.8 -6.4 -7.0 -7.1 -7.1 -7.2 -7.2 -7.3 -7.4 -74.3 -110.5
Interactive and Other Effects:
Estimated Budget Authority......... -24.6 -1.4 -1.3 -1.2 -1.1 -1.0 -0.9 -0.8 -0.7 -0.5 -0.4 -30.6 -33.9
Estimated Outlays.................. -24.6 -1.4 -1.3 -1.2 -1.1 -1.0 -0.9 -0.8 -0.7 -0.5 -0.4 -30.6 -33.9
Subtotal, Federal Student Loans:
Estimated Budget Authority......... -387.5 -7.0 -7.4 -8.0 -8.7 -8.7 -8.6 -8.5 -8.4 -8.4 -8.4 -427.3 -469.6
Estimated Outlays.................. -387.0 -6.2 -6.7 -7.2 -7.7 -7.7 -7.6 -7.6 -7.5 -7.4 -7.4 -422.5 -460.0
Energy Tax Provisions (JCT estimate) a:
Estimated Budget Authority......... -0.1 -0.2 -0.4 -0.7 -1.0 -1.3 -1.3 -1.9 -2.6 -3.3 -4.1 -3.5 -16.7
Estimated Outlays.................. -0.1 -0.2 -0.4 -0.7 -1.0 -1.3 -1.3 -1.9 -2.6 -3.3 -4.1 -3.5 -16.7
Funding for the Internal Revenue
Service and Related Agencies:
Estimated Budget Authority......... -71.5 0 0 0 0 0 0 0 0 0 0 -71.5 -71.5
Estimated Outlays.................. -2.4 -2.8 -4.1 -5.6 -7.3 -9.2 -11.4 -14.0 -14.6 0 0 -31.4 -71.5
Work Requirements:
Community Engagement Requirement for
Medicaid:
Estimated Budget Authority......... 0 0 -4.4 -7.3 -10.6 -11.6 -12.7 -13.9 -14.9 -16.0 -17.3 -33.9 -108.7
Estimated Outlays.................. 0 0 -4.4 -7.3 -10.6 -11.6 -12.7 -13.9 -14.9 -16.0 -17.3 -33.9 -108.7
Supplemental Nutrition Assistance
Program:
Estimated Budget Authority......... 0 -0.6 -1.2 -1.2 -1.2 -1.2 -1.2 -1.2 -1.2 -1.2 -1.2 -5.4 -11.4
Estimated Outlays.................. 0 -0.6 -1.2 -1.2 -1.2 -1.2 -1.2 -1.2 -1.2 -1.2 -1.2 -5.4 -11.4
Temporary Assistance for Needy
Families:
Estimated Budget Authority......... 0 0 0 0 0 0 * * * * * 0 *
Estimated Outlays.................. 0 0 0 0 0 0 * * * * * 0 *
Subtotal, Work Requirements:
Estimated Budget Authority......... 0 -0.6 -5.6 -8.5 -11.8 -12.8 -13.9 -15.1 -16.1 -17.2 -18.5 -39.3 -120.1
Estimated Outlays.................. 0 -0.6 -5.6 -8.5 -11.8 -12.8 -13.9 -15.1 -16.1 -17.2 -18.5 -39.3 -120.1
Rescissions of Funds Provided in Six
Laws Enacted From 2020 to 2022:
Estimated Budget Authority......... -55.5 0 0 0 0 0 0 0 0 0 0 -55.5 -55.5
Estimated Outlays.................. -13.8 -9.7 -3.8 -1.4 -0.6 -0.1 -0.1 0 0 0 0 -29.4 -29.5
Energy Leasing and Permitting
Provisions:
Estimated Budget Authority......... -32.2 1.5 1.7 1.7 1.4 1.5 1.7 1.9 2.0 2.3 -0.1 -24.4 -16.6
Estimated Outlays.................. -0.4 -2.0 -4.3 -5.7 -4.3 -0.6 1.3 1.7 2.0 2.2 0.3 -17.3 -9.8
Total Change in Direct Spending:
Estimated Budget Authority..... -546.8 -6.3 -11.7 -15.5 -20.1 -21.3 -22.1 -23.6 -25.1 -26.6 -31.1 -621.5 -750.0
Estimated Outlays.............. -403.7 -21.5 -24.9 -29.1 -32.7 -31.7 -33.0 -36.9 -38.8 -25.7 -29.7 -543.4 -707.6
Increases or Decreases (-) in Revenues
Energy Tax Provisions (JCT estimate) *. 13.0 35.3 49.6 62.5 67.1 64.8 61.6 53.8 50.7 50.7 43.8 292.3 552.9
Funding for the Internal Revenue -1.6 -6.2 -12.5 -17.4 -21.6 -25.4 -29.0 -31.4 -31.9 -8.8 -5.3 -84.7 -191.2
Service and Related Agencies..........
Energy Leasing and Permitting 0 0 0 0 0 -0.9 -1.3 -1.4 -1.2 -1.1 -0.5 -0.9 -6.4
Provisions............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Change in Revenues........... 11.4 29.1 37.1 45.1 45.5 38.5 31.3 21.0 17.6 40.8 38.0 206.7 355.3
Net Decrease (-) in the Deficit From Changes in Direct Spending and Revenues
Total Change in the Deficit........ -415.1 -50.6 -61.9 -74.2 -78.2 -70.2 -64.3 -57.8 -56.4 -66.5 -67.7 -750.1 -1,062.8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office, staff of the Joint Committee on Taxation (JCT).
Components may not sum to totals because of rounding, * = between -$50 million and zero.
Budgetary effects are relative to CBO's February 2023 baseline projections and include updates to incorporate new information about certain programs.
a Estimates provided by JCT are preliminary and subject to change.
Mr. SMITH of Missouri. Mr. Speaker, I yield 2 minutes to the
gentlewoman from New York (Ms. Tenney).
Ms. TENNEY. Mr. Speaker, I rise in support of the Limit, Save, Grow
Act, which addresses the current debt limit crisis while prioritizing
responsible spending practices.
Critically, this bill will lead to over $4.5 trillion, with a T, in
taxpayer savings over the next decade and reverse a dangerous trend of
reckless fiscal mismanagement on the part of the Democrats.
Americans and New Yorkers, where I hail from, are facing a fiscal
crisis due to persistently high inflation, rising interest rates, and
debt at unsustainable levels. This is a direct result of the trillions
upon trillions of dollars that the Democrats have spent since President
Biden took office in January 2021.
Mr. Speaker, my former colleague from the New York State Assembly,
now minority leader here, should know that 40 percent of our Nation's
debt was incurred under the leadership of the former Speaker, who the
minority leader described as the best Speaker of all time.
He should know. The State of New York has the highest taxes, the
highest spend rate, the highest corporate welfare, and the highest out-
migration of people and jobs in the entire Nation.
Americans and New Yorkers are facing a fiscal crisis. Instead of
politicizing the impending debt limit predicament, Democrats should
prioritize responsible spending and work with House Republicans on a
solution to reduce reckless spending, save taxpayer money, and grow our
economy.
It is time for President Biden to come to the negotiating table and
work with House Republicans on a path forward to economic stability and
growth. Please don't mimic the model that New York has set, where we
once had 45 Representatives in the 1960s and are now down to 26.
Mr. Speaker, I urge all my colleagues to support this bill.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Pascrell), a champion of Medicare, Social Security, and
renewable energy.
Mr. PASCRELL. Mr. Speaker, for months the other side has held our
economy hostage. Today, we have their ransom demands. This rip-off
kills millions of jobs, guts working family benefits, and sabotages tax
fairness.
Now, I have listened today, and many times both sides are saying the
same thing, reading off the same page. They all can't be right.
Look at the facts. This is not about deficits. This shakedown lets
wealthy tax cheats off scot-free and balloons the deficit by $120
billion. Please respond to that: $120 billion deeper in debt. Do not
fall for this total sham. Today's smorgasbord of policy goals is a
cynical distraction from the horrifying impacts of this extortion.
[[Page H2031]]
Mr. Speaker, Social Security, Medicare, veterans' care, and
homeownership are at stake. I am sorry to say we have come to this.
Mr. SMITH of Missouri. Mr. Speaker, I include in the Record an
article detailing how Ford is using a loophole in the IRA to partner
with CATL, a major Chinese battery company, on a project intended to
harvest EV battery tax credits. Chinese companies are lining up to cash
in on Democrats' green corporate welfare that we are rescinding in this
bill.
[From Forbes, Feb. 13, 2023]
Ford To Build $3.5 Billion Lithium Iron Phosphate Battery Plant in
Michigan Using CATL Technology
(By Sam Abuelsamid, Senior Contributor)
Ford plans to build a $3.5 billion factory in Marshall,
Michigan, which will produce 35 gigawatt-hours of lithium
iron phosphate (LFP) cells annually for electric vehicles
starting in 2026. The move comes after the automaker said it
would use LFP batteries in the Mustang Mach-E from mid-2023
and F-150 Lightning from early 2024. However, those batteries
will be sourced from CATL in China, the leading cell
manufacturer in the world and one of the leaders in LFP
production. Ford will license CATL technology but it will own
the new factory and operate it, rather than creating a joint
venture.
While Ford will start using CATL LFP batteries later this
year, shipping them from China won't help the company reach
its sustainability goals. Batteries are heavy and bulky and
the emissions associated with shipping them halfway around
the world will significantly cut into the gains from
eliminating the tailpipe from these vehicles. Those vehicles
also will not qualify for any clean vehicle tax credits.
This is why Ford and other OEMs are moving so aggressively
to localize battery production to wherever vehicles are built
and sold. Ford previously announced a joint venture with
Korea's SK ON for three cell plants in Kentucky and Tennessee
that are already well under construction. Those plants will
produce nickel manganese cobalt (NMC) cells.
Nickel-rich cell chemistries such as NMC (also referred to
as NCM), nickel-manganese-cobalt aluminum (NMCA, which GM
uses for its Ultium cells), nickel-cobalt-aluminum (NCA,
which Tesla uses) have a higher energy density than LFP.
However, Nickel and cobalt are much more expensive than iron
and phosphorus and also more volatile. When there is an
internal short circuit in a nickel-rich cell, it is much more
likely to experience thermal runaway. LFP cells are
inherently more stable and are nearly impossible to
experience thermal runaway or fires.
Despite LFP having a lower energy density than nickel-rich
cells, much of that can be offset by adopting cell-to-pack or
structural battery pack designs rather than the modular
designs that are typical today. In addition to lower cost,
LFP cells have much longer charge cycle lifetimes. A typical
nickel cell can do between 500 and 1,000 charge cycles before
it loses enough capacity to be no longer useful in a vehicle.
LFP cells can withstand thousands of cycles and some
manufacturers, including CATL, have claimed EVs with LFP can
go 1 million miles.
The added stability of LFP cells means they can better
withstand charging to l00% without degrading. Nickel-rich
cells typically have to leave unused buffers to prevent
overcharging. Thus some of the energy density disadvantages
can be safely recovered.
The decision to structure the new operation as a wholly
owned subsidiary of Ford rather than a joint venture is
likely driven in part by the content requirements in the
Inflation Reduction Act. Since China is a foreign entity of
concern, batteries and materials from that country do not
qualify for clean vehicle credits. Thus the Mach-E and
Lightning with Chinese-sourced batteries won't be eligible.
Limiting the equity stake of CATL in this deal and only
licensing some technology along with local sourcing of most
materials will probably enable Ford to claim its cells meet
the domestic content requirements.
``This is how we look at the recipe to create one of the
lowest cost, U.S.-produced batteries when this plant comes
online in 2026 and this helps us contribute to Ford's goal of
an 8% Model E EBIT in 2026,'' said Lisa Drake, Ford VP of EV
industrialization. ``It strengthens our domestic supply chain
and helps us ramp production, getting more EVs to more
customers sooner.''
As with the Mach-E and Lightning, the new LFP batteries
will likely be used mainly in standard range and lower cost
EVs and many of the commercial vehicles Ford sells. Most of
those commercial vehicles, such as Transit vans used for
everything from last-mile deliveries to plumbers and
electricians, rarely go outside of a limited geographical
area and don't need more than 100 miles of range. With more
availability of domestic LFP batteries, future electric
versions of vehicles like the compact Maverick pickup and
Escape crossover are likely at prices that more consumers can
afford.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Davis), who has been a leader in terms of adoption
opportunities for those outside the mainstream.
Mr. DAVIS of Illinois. Mr. Speaker, brinkmanship is no way to run a
government. The default on America act is one of the worst bills I have
had the opportunity to vote on. It is antichildren, antiseniors,
antiveterans, antimiddle America, antismall business, antihealthcare,
antiworkers.
As a matter of fact, it is anti-American because all that it does is
cut, cut, cut. When all that you do is cut, cut, and cut, all that you
get is blood, blood, blood. The blood of the American people will be on
the hands of those who held the knife. I urge a ``no'' vote.
{time} 1630
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from
Washington (Ms. DelBene), one of the most talented Members of this
institution.
Ms. DelBENE. Mr. Speaker, I rise today against this Republican ruse,
the default on America act.
This legislation is not a serious proposal. It is a MAGA wish list
that demands a 22 percent cut of essential Federal programs that
support working families, seniors, veterans, public safety, schools,
and housing assistance.
If passed, this bill would cost an estimated 780,000 jobs, many in
the clean energy sector, all across this country.
What we need is simple: A clean bill to avoid a default, to ensure we
protect the full faith and credit of the United States.
If my Republican colleagues want to show Americans they can govern,
then pass a clean bill and show us your budget, a real budget, like the
President has released.
Every day Republicans wait brings us closer to brinksmanship and
hurts the American people and the global economy. I urge my colleagues
to reject this bill.
Mr. SMITH of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from Michigan (Mr. James).
Mr. JAMES. Mr. Speaker, America's fiscal trajectory is unsustainable.
The threat of a potential U.S. Government debt default plays into
China's longstanding grand strategy for expanding its global role and
diminishing our influence. It is a matter of national security to get
this under control.
When small businesses and families in my district and all across the
country experience financial problems, they tighten their belts. They
change their spending habits, and they expect Washington to do the
same.
Instead, President Joe Biden stood in this very Chamber, gaslighted,
fearmongered, and claimed Republicans want to sunset Social Security
and Medicare while there are attacks on Republicans all over the
country on this very same lie.
Why? To frighten seniors and hope the stampede would block
Republicans from reining in his destructive, runaway spending. That is
why I introduced the Protecting Social Security and Medicare Act the
very next day.
I spoke with leadership in the following weeks about taking these
very important critical programs off the negotiation table, and that is
exactly what leadership did.
As we debate today, seniors can rest assured that the promises
Republicans made to them will not be broken in this debate.
I am also voting for this bill because it does not include cuts to
the Pentagon's budget, particularly to Selfridge Air National Guard
Base, a pillar of my district, a crown jewel of the State of Michigan,
and critical to our national defense against northern aggressors like
China, Russia, and North Korea who may threaten us from abroad.
It is reasonable to disagree with any specific debt ceiling approach,
and I am looking forward to continuing with the debate.
If President Biden continues to refuse to come to the table and
negotiate in good faith, we will achieve historic default, putting our
country's national security and families like mine and yours at
economic risk in the future.
Mr. NEAL. Mr. Speaker, I include in the Record a letter from Mr.
Pascrell.
[[Page H2032]]
Congress of the United States,
House of Representatives,
Washington, DC, March 8, 2023.
Hon. Kevin McCarthy.
Speaker of the House,
Washington, DC.
Dear Speaker McCarthy: Our most basic duty as Members of
Congress is to protect the well-being and security of our
constituents. If Republicans block America from paying our
bills, it would be a gross betrayal of our governing
responsibility and invite cataclysmic damage to our economy.
Therefore, I call on the House to advance legislation to
raise our debt limit and prevent a second Great Depression.
It has been 48 days since the United States reached its
current statutory limit and the Treasury Department began
taking extraordinary measures to prevent a default. On
February 15, the Congressional Budget Office raised the
specter of a default as soon as July without urgent
congressional action. Congress has acted to raise or suspend
the debt ceiling 49 times under Republican presidents and 29
times under Democratic presidents. This is a bipartisan
responsibility.
According to the Council of Economic Advisors (CEA), if the
debt ceiling is not raised, Social Security checks will come
to a halt and seniors will be without means to eat or turn on
the heat. Medicare reimbursements will freeze, leaving tens
of millions of Americans unable to pay for essential medical
care. Our veterans will see their health care cut off.
It gets worse. The collapse of available credit would send
shockwaves through the economy, leading to a bank run and a
decimation of small businesses. The cost of borrowing would
soar, leaving new homebuyers locked out of the housing market
and causing regular people to lose everything. The jobless
rate would skyrocket, with millions of Americans losing their
jobs and elevated unemployment lingering indefinitely.
Markets would be thrown into a postulated that the impact of
default would be ten times worse than the 2008 recession.
Republican-precipitated default would be just as
devastating for the global economy. America's treasury debt
is considered the world's safest asset and the dollar acts as
the globe's reserve currency. World confidence in our entire
economy would be irreparably wounded by default.
When Republicans put our Nation's credit on the line, the
result has been widespread turmoil and suffering. After
Republicans threatened to breach the debt ceiling in 2011,
Standard and Poor's downgraded the U.S. long-term credit
rating for the first time in history. Private sector hiring
froze, job growth withered, and consumer sentiment dropped to
its lowest level in 30 years. The Government Accountability
Office (GAO) estimated that federal borrowing costs increased
by about $1.3 billion, while the Bipartisan Policy Center
estimated that the 10-year cost to taxpayers was a staggering
$18.9 billion.
In 2013, when Republicans tried this play again, our Nation
experienced an annualized 0.25 percentage point reduction in
annualized fourth quarter's gross domestic product growth,
resulting in an estimated 120,000 lost jobs. Investors
stopped accepting Treasury bonds as collateral for short-term
transactions, and the government was forced to pay higher
interest rates at auction. Treasury's borrowing costs on
securities increased by an estimated $38-to-$70 million, and
rates for commercial paper also rose, disrupting private
markets. After Republicans yet again menaced our Nation's
credit in 2015, the Treasury Department postponed the release
of a new 2-year bond due to lack of demand, and was forced to
reduce bill issuance, leading to a drop of $210 billion in
bill supply.
The full faith and credit of America is not a bargaining
chip to be gambled whenever Republicans want to reverse
policy they don't like. Refusal to let our Nation pay its
bills would lead to a domino effect of catastrophic
proportion. The effects of failing to raise the debt ceiling
are real, tangible, and would be felt by every American
family and business.
Given these risks, I ask: where is the Republican plan to
raise the debt ceiling and when can we expect its
consideration before Congress?
Sincerely,
Bill Pascrell, Jr.
Member of Congress.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Beyer), whose knowledge of economics is second to none in
this institution.
Mr. BEYER. Mr. Speaker, I rise to oppose the default on America act.
America always pays its bills. It is important that we have serious
negotiations and that we take responsible action to address our
continuing deficits.
Mr. Speaker, $31 trillion in public debt is a frightening number, but
it is a debt we accumulated over Republican and Democratic Presidents,
Republican and Democratic Congresses, two unpaid for wars, major tax
cuts, and costly increases in healthcare.
It is reckless and irresponsible to use the alleged leverage of a
national default to address our debt--first, because the leverage is
imaginary. This bill is dead on arrival in the Senate.
Second, the leverage already exists. Kevin McCarthy is Speaker. The
Republicans have a 222-213 majority in the House.
The last thing we want to do is plunge our Nation into the threat of
a default or an actual default. The responsible thing to do is to pass
this clean debt ceiling relief and move on to the appropriations
process where the debt can be properly addressed.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Evans), whose city is home to some of the most
important retirement plan management opportunities in all of America.
Mr. EVANS. Mr. Speaker, I rise and strongly oppose this bill. It
would hurt families. It would hurt seniors. It would hurt workers. We
must uphold rather than undermine our country's strong economic
recovery and standing.
We are here to govern. That means paying for what Congress has
already approved. We cannot default on the national debt. The only way
forward is to cleanly raise the debt ceiling.
I am saying to you, Mr. Speaker, we are ready. We need to raise the
debt.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Schneider), an individual who is well known for his
proficiency in accounting procedures.
Mr. SCHNEIDER. Mr. Speaker, I rise today in strong opposition to this
unserious bill that cuts lifesaving and life-sustaining programs, hurts
our economy, guts historic action on climate change, and needlessly
adds to our deficit by carving out loopholes for the wealthy.
The Republicans' cut, slash, and shrink default on America bill will
devastate America. First, it guts the landmark Inflation Reduction Act,
which is not only addressing inflation but is the largest ever effort
in our Nation's history to combat climate change and lower the cost of
prescription drugs.
Second, it grows the already large tax gap and irresponsibly adds to
the deficit. The bill, seemingly with bad intention, guts tools at the
IRS to be both more responsive to responsible taxpayers and stronger in
the face of wealthy tax cheats.
Finally, this bill would make extreme cuts to discretionary spending,
cuts that could amount to as much as 59 percent by the year 2025.
Mr. Speaker, I include in the Record this report from the Center on
Budget and Policy Priorities titled: ``Roundup: Analyzing Speaker
McCarthy's Harmful Debt-Ceiling-and-Cuts Bill.''
[From the Center on Budget and Policy Priorities, Apr. 26, 2023]
Roundup: Analyzing Speaker McCarthy's Harmful Debt-Ceiling-and-Cuts
Bill
(By CBPP)
Last week, House Speaker Kevin McCarthy released a debt-
ceiling-and-cuts bill that would use the need to raise the
debt ceiling as a bargaining chip to force a set of
unpopular, harmful policies. We've collected our analyses of
the bill here:
McCarthy Bill Uses Debt Ceiling to Force Harmful Policies,
Deep Cuts. House Speaker Kevin McCarthy's debt-ceiling-and-
cuts bill puts the U.S. economy at grave risk by using the
need to raise the debt ceiling as a bargaining chip to force
a set of unpopular, harmful policies--policies that would
make deep cuts in a host of national priorities; leave more
people hungry, homeless, and without health coverage; and
make it easier for wealthy people to cheat on their taxes.
The bill would also repeal the Inflation Reduction Act's
funding to address climate change and would undertake harmful
changes that would undermine how regulations are crafted . .
.
CBPP President Sharon Parrott tweeted about the ten years
of deep cuts that the bill would exact in exchange for
raising the debt ceiling. Parrott also detailed our cross-
cutting analysis of the bill.
Vital Government Services Would Take a $3.6 Trillion Hit in
McCarthy Bill. The bill containing House Republicans' demands
for raising the debt ceiling would impose severe cuts
amounting to $3.6 trillion over the next ten years, along
with the many other harmful changes it would make. The
funding cuts would hit a wide swath of vital programs and
would grow from bad to beyond extreme--reaching between 24
and 59 percent in 2033, depending on whether programs such as
defense and veterans' medical care are protected from cuts,
as many House Republicans propose . . .
David Reich tweeted about the cuts to annual appropriations
in the bill. Michael Leachman explained the bill would make
deep cuts to discretionary federal aid to
[[Page H2033]]
states, local governments, tribal nations, and U.S.
Territories, and his analysis included a state-by-state
table. And Zoe Neuberger pointed out that the bill includes
billions in cuts that would harm families with low incomes,
including WIC participants.
McCarthy Medicaid Proposal Puts Millions of People in
Expansion States at Risk of Losing Health Coverage. A
Republican proposal led by Speaker Kevin McCarthy would take
Medicaid coverage away from people who do not meet new work-
reporting requirements. The proposal would apply to all
states, but in practice it would heavily impact people
covered by the Affordable Care Act (ACA) Medicaid expansion.
Of this group, more than 10 million people in Medicaid
expansion states would be at significant risk of losing
coverage under the McCarthy proposal. This group would be
subject to the new Medicaid requirement, and they are not
part of a group that states could readily identify in
existing data sources and exclude from burdensome reporting.
The McCarthy proposal could jeopardize coverage for millions
more, by prompting some states to drop the ACA Medicaid
expansion or dissuading states that have not yet taken the
expansion from adopting it . . .
Gideon Lukens tweeted state-by-state numbers of Medicaid
expansion enrollees whose coverage would be at risk under the
McCarthy proposal. Lukens also tweeted the Department of
Health and Human Services' estimates of Medicaid enrollees at
risk of losing coverage under the bill. Sarah Lueck tweeted
about the Congressional Budget Office's estimate of Medicaid
coverage loss.
Taking Medicaid Away for Not Meeting a Work-Reporting
Requirement Would Keep People From Health Care. Led by
Speaker Kevin McCarthy, congressional Republicans have
revived harmful proposals to cut federal spending on the
Medicaid program--the Nation's single largest source of
health coverage--by taking Medicaid away from people not
meeting new work-reporting requirements. Adding such
requirements to Medicaid would cause many low-income adults
to lose coverage due to bureaucratic hurdles that don't
reflect the complexity of people's circumstances, as failed
experiments in several states show. These requirements would
leave people without the health care they need, including
life-saving medications, treatment to manage chronic
conditions, and care for acute illnesses.
Laura Harker tweeted about how the bill would resurrect
this failed policy.
Speaker McCarthy's SNAP Proposal Would Take Food Away From
Older Adults for Not Meeting Work Requirements. Speaker
McCarthy's bill would expand SNAP's already harsh policy that
takes food assistance away from many people aged 18 through
49 who don't have children at home and can't secure an
exemption. Such individuals can receive SNAP for only three
months (in a 36-month period) if they don't document that
they meet a 20-hour-per-week work requirement. The bill would
expand that policy to include people aged 50 through 55.
About 1 million such individuals participate in SNAP and meet
those criteria in a typical month. (The figure was 900,000 in
2019, the most recent year for which a full year of data are
available. A larger number participate in SNAP over the
course of a year.)
Ty Jones Cox tweeted about how the bill would worsen SNAP's
work requirements.
TANF Provisions in McCarthy Bill Give States Incentives to
Take Cash Benefits Away From Families With the Most
Significant Needs. The Temporary Assistance for Needy
Families (TANF) provisions in Speaker McCarthy's bill double
down on TANF's already expansive, rigid, and ineffective work
requirements. The bill would so severely limit states'
flexibility in how they provide assistance and employment
services to families with children that some states could
decide to stop providing cash aid to large numbers of
families, with devastating results.
Aditi Shrivastava tweeted about how the bill would further
restrict TANF's reach.
Samantha Jacoby explained that the bill's proposal to
rescind the Inflation Reduction Act's IRS funding would add
to the deficit because it would let wealthy tax cheats off
the hook. Jacoby also noted that while giving billions to
high-income tax cheats, the bill would take health care,
food, and cash assistance away from people who need it.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from Nevada
(Mr. Horsford), a very capable gentleman.
Mr. HORSFORD. Mr. Speaker, I thank the distinguished ranking member
of the Ways and Means Committee, Mr. Neal, for the time.
Mr. Speaker, I rise today for my constituents in Nevada, my
Democratic colleagues here in the House, and as chairman of the
Congressional Black Caucus to address the latest attempt by extremist
MAGA Republicans to put politics over the American people and to put
billionaires and corporations over working families and children.
Just last week, Speaker McCarthy introduced the default on America
act that would tank our economic recovery and sabotage job growth,
underscoring Republicans' lack of interest in governing for anyone
besides the wealthy and the powerful.
Speaker McCarthy and his MAGA extremists are demanding that Congress
cut programs like SNAP, nutrition programs for seniors and children, at
the expense of the wealthy.
Everyday costs on families like car payments, student loans, credit
card bills, and mortgage payments would increase.
In fact, their plan, default on America, would affect veterans,
seniors, families, people, and jobs, including 7,000 in my State alone.
I urge my colleagues to vote against this default on America and to
put people over politics.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), one of the most capable people that I have had a
chance to serve with in Congress.
Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding 1 minute.
Maybe I can get another. I miss the magic minute, as all of you know,
because this is not enough time to debate this issue.
Something that is as bad as fiscal responsibility is fiscal
demagoguery. The Speaker of this House has said default is not an
option.
Mr. Speaker, 84 of the Republicans in this House have never voted to
extend the debt limit so that default would have been inevitable.
That is what this is about; trying to make some sort of deal. I urge
my Republican colleagues to follow what they know to be the only
rational alternative; that is, vote for a debt extension.
Pay our bills. America does not welch on its debts. You believe that;
we believe that. Mr. Speaker, 84 of their Members have not believed
that, but we have a majority of this House that believes it.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NEAL. Mr. Speaker, I yield an additional 30 seconds to the
gentleman from Maryland.
Mr. HOYER. Mr. Speaker, I urge Republicans to stop creating this lack
of confidence in this body to be fiscally responsible. Let me repeat
that: Stop allowing no confidence in this body's ability and
willingness to be fiscally responsible. Vote ``no.''
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 2 minutes to the gentleman from New
Jersey (Mr. Pallone), who comes from the same class as the last two
Members, the class of 1988, a very talented lot.
Mr. PALLONE. Mr. Speaker, I thank my colleague from the same class,
the ranking member, for yielding time.
Mr. Speaker, House Republicans are manufacturing a crisis to justify
cruel cuts that will raise costs for American families, kick millions
of people off their health insurance, and reverse the historic progress
we have made in combating the worsening climate crisis.
The Republicans' default on America act cuts $100 billion from
Medicaid, which will have devastating consequences on every
beneficiary, provider, and plan.
The Republicans' Medicaid work requirements are about one thing;
stripping healthcare away from vulnerable people.
The majority of adults on Medicaid are already working, oftentimes in
part-time jobs that do not offer healthcare coverage.
Those who are not are often dealing with caregiving responsibilities,
physical or mental health issues, or experiencing other barriers to
employment.
These Republican cuts are not about jobs. They are a Trojan horse
intended to use red tape and onerous paperwork to kick millions of
people off their health insurance simply because Republicans have
always opposed Medicaid.
Republicans also oppose our efforts to outcompete the world in the
transition to a clean energy economy. The default on America act
continues the Republicans' polluters over people agenda.
The bill repeals key climate provisions that Democrats delivered with
the Inflation Reduction Act last year that are already making a huge
difference in the clean energy transition.
Since its passage, we have seen about $28 billion in new domestic
manufacturing investments. Companies have
[[Page H2034]]
announced $242 billion in new clean power capital investments, and more
than 142,000 clean energy jobs have been created across this Nation.
These are impressive results in less than a year, and yet, House
Republicans now want to reverse this progress with a grab bag of Big
Oil giveaways and loopholes.
Mr. Speaker, this is a dangerous bill that is going to strip
healthcare away from millions of Americans and undermine our efforts to
combat the worst in climate crisis. I strongly urge my colleagues to
vote ``no.''
Mr. SMITH of Missouri. Mr. Speaker, I include in the Record a March
8, 2021, Politico article titled: ``Biden's welfare flip-flop,'' which
points out that President Biden was once an ardent supporter of
commonsense welfare reforms, including work requirements.
[From POLITICO, March 8, 2021]
West Wing Playbook--Biden's Welfare Flip-Flop
(By Alex Thompson and Theodoric Meyer with help from Allie Bice)
Joe Biden, the young senator, would be surprised at Joe
Biden, the elderly president.
When he first ran for president in 1988, 44-year-old Biden
was one of the Democrats challenging what he called ``liberal
orthodoxy'' on issues like welfare.
``Our handouts are not enough,'' Biden said at Princeton
University in a May 1987 speech meant to beef up his policy
profile ahead of a June campaign launch. ``Government subsidy
is not the ultimate answer to the problems of the poor.''
In November 1988, he penned a column in his local Newark
Post: ``We are all too familiar with the stories of welfare
mothers driving luxury cars and leading lifestyles that
mirror the rich and famous,'' he wrote, parroting Republican
critiques of the program. ``Whether they are exaggerated or
not, these stories underlie a broad social concern that the
welfare system has broken down--that it only parcels out
welfare checks and does nothing to help the poor find
productive jobs.''
In 1996, Biden was one of 24 Democratic senators who voted
for the welfare reform bill that President Bill Clinton
signed, but which progressives and much of Clinton's Cabinet
opposed. ``The culture of welfare must be replaced with the
culture of work,'' Biden said on the Senate floor. Bruce
Reed, who's now Biden's deputy chief of staff, was an
architect of the legislation. He helped coin Clinton's pledge
to ``end welfare as we know it.''
And yet, the first piece of major legislation Biden is
poised to sign as president represents the largest expansion
of the welfare state in decades. It even undoes some of the
reforms Biden, the senator, helped enact.
The 1996 bill, for instance, imposed time limits and work
requirements on money sent to parents to support their
children. Biden's American Rescue Plan would at least
temporarily resume sending money directly to impoverished
parents without any strings attached--and some Democrats are
already pushing to make the aid permanent.
The bill would also send poor and middle-class parents
checks of up to $300 per child each month--a provision that
the Biden team believes could dramatically cut child poverty.
The legislation won't recreate the welfare system that
Biden voted to reform in 1996. Instead, it will expand the
existing child tax credit for poor and middle-class families
alike. The credit starts phasing out at $75,000 a year for
single parents and $150,000 a year for married couples.
Part of Biden's evolution on welfare spending is tied to
the pandemic and the massive economic hole that it has
caused. But another part of it reflects the evolution the
Democratic Party has undergone in recent years.
Once fearful of race-baiting rhetoric on supposedly lazy
``welfare queens,'' the party now is largely unapologetic
about spending money to strengthen the social safety net.
``One of the side effects of the pandemic has been to
change the profile of poverty in America,'' said Robert
Reich, Clinton's Labor secretary who clashed with people like
Reed over the welfare reform measure. ``It's no longer just
`them,' people of color, people who conservatives accuse of
taking handouts. It marks a huge shift in public policy from
quite punitive welfare to giving needy families money.''
White House spokesperson Michael Gwin emailed a statement
saying, ``As a Senator, Joe Biden worked to make welfare
reform more progressive by supporting childcare and
maintaining funding for children's health and safety, and as
President, Joe Biden is meeting the unique crises we face by
giving children and families a financial lifeline, reopening
schools safely, and securing the resources we need to defeat
the virus.''
Reed declined to comment.
Donald Trump, during his presidency, seemed to usher in a
Republicanism that was more comfortable with spending more
money on things past Republicans would have bashed as
handouts. But so far Republicans in the Biden era are making
a different calculation. They unanimously voted against the
plan and are betting that the pandemic hasn't changed
perceptions around welfare programs so completely.
On the Senate floor last Friday, Sen. Mitch McConnell
blasted the welfare provisions in the package for paying
``people a bonus not to go back to work when we'll be trying
to rebuild our economy.''
He added that: ``There's an effort to create a brand-new,
sprawling cash welfare program--not the one-time checks, but
constant payments--that ignore the pro-work lessons of
bipartisan welfare reform and which the White House has
already stated they want to make permanent.''
Mr. SMITH of Missouri. Biden was one of 24 Democrat Senators who
voted for the 1996 welfare reform bill that President Bill Clinton
signed.
That bill imposed time limits and work requirements for welfare
recipients. In fact, Biden's Deputy Chief of Staff was a key architect
of the 1996 welfare reform bill and helped coin Clinton's pledge to end
welfare as we know it.
Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, may I inquire as to how much time is
remaining.
The SPEAKER pro tempore. The gentleman from Massachusetts has 9\1/2\
minutes remaining. The gentleman from Missouri has 8\1/2\ minutes
remaining.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from Georgia
(Mr. David Scott), a very distinguished and capable gentleman.
{time} 1645
Mr. DAVID SCOTT of Georgia. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I stand here to make a passionate plea to my Republican
friends. Yes, we have to pay our debt, but we do not need to deal with
this, putting it on the backs of the poor, our children, our veterans.
We must stand down. It is a national security issue.
We must incorporate getting food to our veterans when 11.7 percent of
our veterans live in food-scarce communities and households. Let me
just sum it up and say that if Caesar were here, he would say the words
that he said to Brutus: Brutus, yours is the meanest cut of all.
We cannot put this on the backs of our children, our grandchildren,
our seniors, and our veterans. I plead with you in the words of Caesar
and God almighty because if we do not, it is ungodly.
Mr. SMITH of Missouri. Mr. Speaker, I include in the Record a New
York Times article titled: ``Poverty, Plunging,'' from September 14,
2022.
[From the New York Times, Sept. 14, 2022]
Poverty, Plunging: Child Poverty in the U.S. Has Fallen by More Than
Half Since the Early 1990s
(By David Leonhardt)
When President Bill Clinton signed a bipartisan bill
tightening the rules around welfare eligibility in 1996--and
making many benefits conditional on work--critics on the
political left predicted terrible effects.
A few members of the Clinton administration quit in
protest. Senator Daniel Patrick Moynihan warned of
devastating increases in child poverty. The New Republic
proclaimed, ``Wages will go down, families will fracture and
millions of children will be made more miserable than ever.''
A quarter-century later, these predictions look very wrong.
As my colleague Jason DeParle wrote this week:
``A comprehensive new analysis shows that child poverty has
fallen 59 percent since 1993, with need receding on nearly
every front. Child poverty has fallen in every state, and it
has fallen by about the same degree among children who are
white, Black, Hispanic and Asian, living with one parent or
two, and in native or immigrant households''
How did this happen? The 1996 welfare law turned out to be
a case study of different political ideologies combining to
produce a result that was better than either side would
likely have produced on its own.
Some conservative critiques of the old welfare contained an
important insight, Jason told me. Poor single mothers (the
main beneficiaries of welfare) were better able to find and
hold jobs than many liberals expected. Over the past few
decades, increased employment among single mothers has been
one reason for the decline in child poverty, according to the
study, which was done by Child Trends, a research group.
But the biggest cause was an expansion of government aid.
And progressives were the main force behind this expansion.
With welfare less generous, Democrats (sometimes in alliance
with Republicans) pushed for policies to help low-income
workers, such as expansions of the earned-income tax credit
and food stamps. Increases in state-level minimum wages also
played a role.
``I don't know where I'd be right now if I didn't have that
help,'' said Stacy Tallman, a mother of three and a waitress
in Marlinton, W. Va., referring to Medicaid, tax credits and
food stamps.
After welfare reform, the focus of the government's anti-
poverty efforts shifted from
[[Page H2035]]
people who weren't working to people who were--and, thanks
partly to the generosity of the new programs, child poverty
plummeted. The size of the decline, Dana Thomson, a co-author
of the study, said, ``is unequaled in the history of poverty
measurement.''
Dolores Acevedo-Garcia of Brandeis University pointed out
that 12 million additional children would be poor today if
the poverty rate were still as high as it was in the 1990s.
The reasons to cheer this development are both immediate and
longer term: Children who spend even modest amounts of time
in poverty earn less money and are less healthy as adults on
average, research has shown.
Hiding in plain sight
I am guessing that many readers are surprised to hear about
the big drop in child poverty since the 1990s. I'll confess
that I was and I have been covering economics for much of the
past two decades. As Jason told me, ``It is odd that such a
big decline in child poverty has gone almost completely
unnoticed.''
In part, the lack of attention stems from a theme I've
mentioned before in this newsletter: bad-news bias.
Journalists and academic experts are often more comfortable
reporting negative developments than positive ones. We worry
that we come off as blase or Pollyannaish when we report good
news.
The poverty statistics add to the confusion because there
are so many different versions. The measure that the Census
Bureau calls ``official'' does not include government aid,
which is bizarre, as Dylan Matthews of Vox has noted. And
every measure has limitations. The one that Jason used in his
story overestimates the impact of the earned-income tax
credit and underestimates the impact of the food stamps, for
technical reasons. (Neither alters the basic conclusion, as
Robert Greenstein, a longtime progressive policy adviser,
says.)
Still, I understand why many people are reluctant to focus
on the poverty decline. The U.S. has not solved poverty. More
than 20 million Americans are poor today, and many others
above the poverty line also struggle to afford a decent life.
As successful as President Biden has been in passing many
parts of his agenda, Congress failed to pass several of his
anti-poverty proposals. Those measures would have expanded
access to child care and increased the child tax credit,
among other things.
Despite these caveats, the decline in poverty deserves to
be a major news story. For one thing, it's legitimately
surprising: Even Jason--who has spent more time writing about
American poverty than almost any other journalist--
acknowledges that welfare reform did less damage than he
expected, in part because of the subsequent expansions of
aid.
At a time of deep cynicism about government, the drop in
poverty is an example of Washington succeeding at something
big. ``The decline in child poverty is very, very
impressive,'' Greenstein said, ``and it is overwhelmingly due
to the increased effectiveness of government programs,''
Mr. SMITH of Missouri. Mr. Speaker, this article found that child
poverty in the U.S. has fallen by more than half, 59 percent, since the
early 1990s. When President Clinton signed the 1996 welfare reform bill
implementing time limits and work requirements, the far left predicted
terrible effects. Twenty-five years later, these predictions have been
proven wrong.
The simple fact is work requirements worked. Caseloads dropped, and
families moved into the workforce and left the cycle of dependency.
Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I thank the chairman for acknowledging the
role that the child tax credit played in that statistical analysis.
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr.
Goldman), a new and very capable Member of this House.
Mr. GOLDMAN of New York. Mr. Speaker, I thank the ranking member for
yielding.
Last week, Speaker McCarthy came to my district to speak at the New
York Stock Exchange to give a speech about this proposed default on
America act.
He threatened the Nation with economic catastrophe if we do not bend
to the draconian cuts to spending for services that are essential to
lifting up working and middle-class Americans.
The DOA doesn't touch the Trump tax cuts for the wealthy. It doesn't
touch defense spending. Instead, it solely targets domestic spending
that hundreds of millions of Americans depend on, with an average cut
of about 22 percent on those programs.
In my district alone, which is in New York City, there are more than
200,000 people who rely on Medicaid who will be at risk of losing their
coverage.
In my district, there are 31 public housing NYCHA complexes that are
crumbling that rely on funds from HUD just to maintain their poor
condition, and those funds would be slashed.
This is not a theoretical discussion. This will do real and
devastating harm to people in my district and around the country. We
must not pass this bill.
Mr. SMITH of Missouri. Mr. Speaker, I yield 3 minutes to the
gentlewoman from New York.
Ms. MALLIOTAKIS. Mr. Speaker, I rise today in support of this
legislation.
I hear my colleagues on the other side of the aisle talking about our
children, our grandchildren, our future. If they truly cared about the
next generation, they would support this measure as well because the
reality is we cannot continue down the path that we are on.
Right now, we are seeing Republicans take over this House from a body
that, with Democrats' complete control with the President, chose to add
$10 trillion in new spending in just 2 years.
Today, we are facing a debt-to-GDP ratio of 121 percent. That is
completely unsustainable.
When I was born in 1980, it was 35 percent. The debt at that time was
$900 billion. Today, it is $31.4 trillion.
Yet, all we hear from the other side is that they want to spend more,
tax more, and create more programs to make people dependent instead of
giving people the opportunity to determine their own future and live
the American Dream.
We are talking about legislation on our side that will save the
American taxpayer $4.5 trillion, hardworking people who each and every
day get up, go to work, and sacrifice tremendously. Some individuals
are working two or three jobs, and they pay taxes so the government can
be responsible with it, not throwing it around on all sorts of stuff
that we don't need, such as COVID funds that have gone unspent.
We just came out of a hearing in the COVID subcommittee where we
talked about, in just education, $190 billion that was earmarked to
reopen our schools, which they didn't use to reopen our schools, and
then only 15 percent of it was spent as of November. We are talking
about saving the taxpayers $50 billion to $60 billion right there, just
by reclaiming those funds.
Biden's IRS army--this is what the other side proposes--wants to tax
people more. They want to take more of the taxpayers' hard-earned
money. That is how they plan on paying down our debt, not by having
pro-growth policies that stimulate our economy and that help us grow
and help companies expand so they can create more jobs. No, they don't
want pro-growth policies that are good for prosperity and for our
country. They want to continue to hammer people and continue to tax
them, nickel-and-dime them at each and every turn.
By just repealing the IRS army, it is $71 billion right there.
What about the Green New Deal tax credits? This is a good one.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SMITH of Missouri. Mr. Speaker, I yield an additional 1 minute to
the gentlewoman from New York.
Ms. MALLIOTAKIS. Hundreds of billions of dollars in Green New Deal
tax credits in some cases can go to--and will go to--Chinese companies,
companies that are affiliated with the Communist Chinese Government,
all while destroying American energy at home. American energy is
reliable and affordable.
By the way, the destruction of that industry by the left is the
reason why we are seeing costs of energy skyrocket for American
families, as well as food costs skyrocket for American families.
The spending and the anti-energy policies that Democrats have put
forward in the 2 years they had complete control are the reason why we
see so much hardship for American families today.
The last thing is, well, work requirements are a good thing. People
should want to participate and contribute to our economy. It will help
the labor shortage issues that we are seeing, while giving people the
ability to self-determine their future, not be dependent on government.
We need those programs. It is critically important for us to encourage
people.
Mr. NEAL. Mr. Speaker, I remind everyone that, in Georgia-3, there
was $2.6 billion worth of tax credits; Ohio-15, $4.5 billion of tax
credits; West Virginia-1, $22 million worth of tax credits. Those tax
credits did not go to the
[[Page H2036]]
Chinese. They went to American families.
Mr. Speaker, I yield 1 minute to the gentlewoman from Florida (Ms.
Lois Frankel).
Ms. LOIS FRANKEL of Florida. Mr. Speaker, make no mistake about it,
extremists in this Congress are trying to hold us hostage. Republicans
have given us a ransom note: choose between wrecking our economy or
wrecking our families; lose jobs and retirement funds or inflict cruel
pain on American families.
More children will go to bed hungry. More women will die during
childbirth. More parents will be without childcare. More neighborhoods
will be without police. There will be more evictions, more drug
overdoses, more veteran suicides, and more carbon in the air. There
will be more misery.
Make no mistake, Republicans are willing to sacrifice Americans in
order to protect tax cuts for the very wealthy and for big
corporations.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Chu), a member of the Ways and Means Committee.
Ms. CHU. Mr. Speaker, I rise in strong opposition to this
irresponsible bill that would hurt millions of seniors, workers,
families, and veterans.
If this bill becomes law, the Social Security Administration will
close field offices that seniors and people with disabilities rely on
for services; nearly 500,000 low-income families could be evicted from
voucher-supported housing; 200,000 young children will lose spots in
Head Start; and cruel barriers to TANF will mean grandparents who rely
on the program to keep their grandchildren out of foster care will lose
crucial resources.
Meanwhile, Republicans want to cut law enforcement funding and give
wealthy tax cheats a license to avoid paying the taxes they owe.
What do we get in exchange for over a decade of crippled government?
We get less than 1 year of reprieve from default and economic
catastrophe.
Republicans should do what they did three times under President Trump
and pass a clean bill free of brutal cuts.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
New York (Mr. Ryan).
Mr. RYAN. Mr. Speaker, I thank the gentleman for yielding. I rise in
strong opposition to the default on America act.
I risked my life in combat because I believe in this country, our
strength, and our compassion. This bill falls far short of those
American values.
In New York alone, my home State, it threatens food assistance to
54,000 people and cuts preschool and childcare for 17,000 kids. It puts
at risk Meals on Wheels for over 1 million seniors nationwide. It would
cut $30 billion in support to our veterans.
I don't know about my colleagues, but I believe in a country where we
don't let our kids and our seniors go hungry, and we never break faith
with our veterans.
The cuts in this bill are just cruel, and they would have
catastrophic consequences for American families.
In combat, it was my sacred duty to make sure we left no one behind.
This bill leaves far too many Americans behind.
I implore my colleagues from both parties to instead pass a clean
debt ceiling increase.
Mr. Speaker, I ask unanimous consent to insert the text of this
amendment into the Record immediately prior to the vote on the motion
to recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman from Massachusetts has 3\3/4\
minutes remaining.
Mr. NEAL. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I thank you for your impeccable fairness once again as
you have presided over this Chamber as usual. I call attention to the
argument I made at the outset as to how we got to where we are today.
This is a manageable issue that men and women of good sense and good
instincts could come together on to find a solution.
The debt-to-GDP ratio, I understand the argument, but does that take
into consideration a pandemic and aid to Ukraine, stopping the
hostility of Putin's aggression?
Does it take into account our obligations--and for those who voted
for the PACT Act here--to come to the aid of our veterans?
Does it take into account the infrastructure bill that some
Republicans voted for?
Does it take into account the CHIPS and Science Act that some
Republicans voted for?
Does it take into account the extraordinary increases in defense
spending as China threatens America in the Straits of Taiwan and the
South China Sea?
These are all parts of votes that both parties have cast. These are
parts of the obligations that we have to members of the American
family.
Republicans suggest, well, if we just chop Medicaid--and earlier
today, Mr. Speaker, it should be noted this exclamation point that they
have added to the argument that we have no intention of cutting Social
Security or Medicare. Great. That is nice to hear. There are members of
the Republican leadership in the Senate who have said precisely the
opposite. They would put Medicaid and Social Security on the chopping
block, and our side should not be restrained in calling attention to
that, despite the debate that takes place in this Chamber.
The spending challenges that we have as they relate to defense, where
every Republican voted, I believe, for that defense budget and the
substantial increases that have taken place, that has been an act of
responsibility based upon what happens with Putin and President Xi and
others who would threaten freedom across the globe.
{time} 1700
When we look at this argument that has been presented to the American
people today, I want to ask you about their 401(k) plans. As they allow
this argument to be pursued, the markets are going to begin to reflect
this in coming days.
People are going to pull back from investment. People are going to
pull back from what ordinarily would be an act of good fiscal prudence.
People are going to begin to pay a great deal of attention to this.
The argument that Democrats have offered today is really simple: You
and us, we were responsible for those increases in spending. Let us
have a vote on a clean debt resolution here and then proceed to
negotiation and discussion.
I have heard this argument when former President Bush never vetoed
one spending bill during 8 years as President. I have seen this
argument when we cut taxes, without the help of us, by $1.3 trillion in
2001 and, by the way, another trillion in 2003.
With the subsequent invasion of Iraq and Afghanistan and a million
and a half new veterans, these are our obligations.
Even though we disagreed, by and large, with those positions that
were adopted by the then-majority, you recognize the reality, that the
tally of the credit card is in front of us.
When you get the credit card, you don't get to say, ``Well, I don't
like the part of the bill that I have run up here, so I am not going to
pay it,'' or you don't say, ``I will only pay this.''
The bill is in front of us. The full faith and credit of the United
States is in front of us.
I made reference earlier today to the fiscal probity of the
Republican Party when I first came here. Whatever happened to the
Republican Party when it relates to fiscal prudence and probity?
We pay our bills, and we don't threaten the currency of the United
States where that dollar is recognized everywhere across the globe.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, we have heard the other side numerous times today say
that we need to just pick up and pass a blank-check debt limit
increase.
The United States Senate, which is controlled by the Democrats,
couldn't even pass what President Biden and the
[[Page H2037]]
House Democrats have been suggesting on this floor. If they could, they
would have already passed it. Even Democrat Senators on the other side
of the building said they will not support an absolute blank-check debt
limit because they are concerned about the fiscal state of America.
Today, the contrast could not be clearer.
On the one hand, we have President Biden and Washington Democrats who
have proposed zero solutions for getting America's fiscal house in
order or addressing the inflation crisis. For months, they have delayed
and denied real discussions while they fought to preserve special
interest tax breaks for big banks, corporations, and the Chinese
Communist Party.
On the other hand, Republicans stand with working families. We have
an actual plan that will rein in runaway spending to fight inflation.
It will save taxpayer dollars by canceling handouts to the wealthy and
big corporations, and it will grow the economy.
The American people are sick and tired of business as usual in
Washington. With today's vote, we are sending a message to the
President: It is time to stop your reckless behavior and negotiate and
stand up and talk with Congress and deliver for the American people.
The American people are demanding it.
Mr. Speaker, I yield back the balance of my time.
Mr. LARSEN of Washington. Mr. Speaker, I rise to condemn H.R. 2811,
the GOP's Default on America Act, which puts politics over people by
making deep cuts that kill jobs, harm the economy and immediately
impact families, seniors and small businesses in Northwest Washington.
According to House Budget Committee and White House estimates, in my
home state of Washington, the Default on America Act would:
Put 371,000 people at risk of losing Medicaid coverage;
Cut approximately $67 million in Title I funding for schools serving
low-income children, impacting an estimated 420,000 students and
reducing program funding to its lowest level in almost a decade;
Make college more expensive for at least 308,000 students who receive
Pell Grants;
Threaten access to food assistance for 19,000 people;
Eliminate preschool and child care for at least 4,800 children;
Increase housing costs for at least 17,400 people;
Eliminate at least 6 air traffic control towers;
Cut at least 240 rail safety inspection days;
Repeal investments in cleaner, cheaper energy--threatening at least
800 clean energy and manufacturing jobs announced in Washington since
the passage of the Inflation Reduction Act.
The Default on America Act would also undermine transportation
safety, harm the environment and prevent communities from investing in
critical infrastructure projects for the next decade.
By making the U.S. default on certain debt obligations, the extreme
GOP plan would also downgrade the U.S.' credit rating and international
standing.
According to House Budget Committee estimates, in Washington's Second
Congressional District, defaulting on the debt would:
Kill about 7,300 jobs in Northwest Washington;
Jeopardize Social Security payments for 103,000 families in my
district;
Put health benefits at risk for 295,000 individuals in my district
who rely on Medicare, Medicaid or Veterans Affairs health coverage;
Increase lifetime mortgage costs for the typical homeowner in
Washington by approximately $81,000;
Raise the costs of a new car loan for the typical American by
approximately $800;
Threaten the retirement savings of more than 102,000 people near
retirement in my district, eliminating $20,000 from a typical
retirement portfolio.
Congress must put people over politics by ensuring the U.S.
government meets its obligations while ensuring historic investments
like the Bipartisan Infrastructure Law and the Inflation Reduction Act
are fully implemented to create more jobs, lower costs and build
cleaner, greener, safer and more accessible communities in the Pacific
Northwest and across the country.
I call on my House colleagues to join me in voting ``No'' on the
extreme GOP Default on America Act.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 327, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. RYAN. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Ryan of New York moves to recommit the bill H.R. 2811
to the Committee on Ways and Means.
The material previously referred to by Mr. Ryan is as follows:
=========================== NOTE ===========================
On April 26, 2023, on page H2037, in the first and second
columns, the following appeared: Mr. Speaker, I yield back the
balance of my time. The SPEAKER pro tempore. All time for debate
has expired . . . . Mr. Ryan of New York moves to recommit the
bill H.R. 2811 to the Committee on Ways and Means. Mr. LARSEN of
Washington. Mr. Speaker, I rise to condemn H.R. 2811, the GOP's
Default . . . voting ``No'' on the extreme GOP Default on America
Act. The material previously referred to by Mr. Ryan is as
follows:
The online version has been corrected to read: Mr. Speaker, I
yield back the balance of my time. Mr. LARSEN of Washington. Mr.
Speaker, I rise to condemn H.R. 2811, the GOP's Default . . .
voting ``No'' on the extreme GOP Default on America Act. The
SPEAKER pro tempore. All time for debate has expired . . . . Mr.
Ryan of New York moves to recommit the bill H.R. 2811 to the
Committee on Ways and Means. The material previously referred to
by Mr. Ryan is as follows:
========================= END NOTE =========================
Mr. Ryan of New York moves to recommit the bill H.R. 2811
to the Committee on Ways and Means with instructions to
report the same back to the House forthwith with the
following amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.
(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 April 30, 2025.
(b) Special Rule Relating to Obligations Issued During
Extension Period.--Effective on May 1, 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 May 1, 2025,
exceeds
(2) the face amount of such obligations outstanding on the
date of the enactment of this Act.
(c) 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 May 1, 2025.
The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the
previous question is ordered on the motion to recommit.
The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. RYAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15-
minute vote on the motion to recommit will be followed by 5-minute
votes on:
Passage of the bill, if ordered; and
The motion to suspend the rules and pass H.R. 1339.
The vote was taken by electronic device, and there were--yeas 211,
nays 221, not voting 3, as follows:
[Roll No. 198]
YEAS--211
Adams
Aguilar
Allred
Auchincloss
Balint
Barragan
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bowman
Boyle (PA)
Brown
Brownley
Budzinski
Bush
Caraveo
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Casar
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Correa
Costa
Courtney
Craig
Crockett
Crow
Cuellar
Davids (KS)
Davis (IL)
Davis (NC)
Dean (PA)
DeGette
DeLauro
DelBene
Deluzio
DeSaulnier
Dingell
Doggett
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Foushee
Frankel, Lois
Frost
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Garcia, Robert
Golden (ME)
Goldman (NY)
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Hoyle (OR)
Huffman
Ivey
Jackson (IL)
Jackson (NC)
Jackson Lee
Jacobs
Jayapal
Jeffries
Johnson (GA)
Kamlager-Dove
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Krishnamoorthi
Kuster
Landsman
Larsen (WA)
Larson (CT)
Lee (CA)
Lee (NV)
Lee (PA)
Leger Fernandez
Levin
Lieu
Lofgren
Lynch
Magaziner
Manning
Matsui
McBath
McClellan
McCollum
McGarvey
McGovern
Meeks
Menendez
Meng
Mfume
Moore (WI)
Morelle
Moskowitz
Moulton
Mrvan
Mullin
Nadler
Napolitano
Neal
Neguse
Nickel
Norcross
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Peltola
Perez
Pettersen
Phillips
Pingree
Pocan
Porter
Pressley
Quigley
Ramirez
Raskin
Ross
Ruiz
Ruppersberger
Ryan
Salinas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Scholten
Schrier
[[Page H2038]]
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Slotkin
Smith (WA)
Sorensen
Soto
Spanberger
Stansbury
Stanton
Stevens
Strickland
Swalwell
Sykes
Takano
Thanedar
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tokuda
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Vasquez
Veasey
Velazquez
Wasserman
Schultz
Waters
Wexton
Wild
Williams (GA)
Wilson (FL)
NAYS--221
Aderholt
Alford
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bean (FL)
Bentz
Bergman
Bice
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brecheen
Buchanan
Buck
Bucshon
Burchett
Burgess
Burlison
Calvert
Cammack
Carey
Carl
Carter (GA)
Carter (TX)
Chavez-DeRemer
Ciscomani
Cline
Cloud
Clyde
Cole
Collins
Comer
Crane
Crawford
Crenshaw
Curtis
D'Esposito
Davidson
De La Cruz
DesJarlais
Diaz-Balart
Donalds
Duarte
Duncan
Dunn (FL)
Edwards
Ellzey
Emmer
Estes
Ezell
Fallon
Feenstra
Ferguson
Finstad
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Flood
Foxx
Franklin, C. Scott
Fry
Fulcher
Gaetz
Gallagher
Garbarino
Garcia, Mike
Gimenez
Gonzales, Tony
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hageman
Harris
Harshbarger
Hern
Higgins (LA)
Hill
Hinson
Houchin
Hudson
Huizenga
Hunt
Issa
Jackson (TX)
James
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Kean (NJ)
Kelly (MS)
Kiggans (VA)
Kiley
Kim (CA)
Kustoff
LaHood
LaLota
LaMalfa
Lamborn
Langworthy
Latta
LaTurner
Lawler
Lee (FL)
Lesko
Letlow
Loudermilk
Lucas
Luetkemeyer
Luna
Luttrell
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McCormick
McHenry
Meuser
Miller (IL)
Miller (OH)
Miller (WV)
Miller-Meeks
Mills
Molinaro
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Moran
Murphy
Nehls
Newhouse
Norman
Nunn (IA)
Obernolte
Ogles
Owens
Palmer
Pence
Perry
Pfluger
Posey
Reschenthaler
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Santos
Scalise
Schweikert
Scott, Austin
Self
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Strong
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Valadao
Van Drew
Van Duyne
Van Orden
Wagner
Walberg
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (NY)
Williams (TX)
Wilson (SC)
Wittman
Womack
Yakym
Zinke
NOT VOTING--3
Kelly (PA)
Peters
Watson Coleman
{time} 1733
Messrs. WENSTRUP, BAIRD, and WILLIAMS of New York changed their vote
from ``yea'' to ``nay.''
Messrs. VICENTE GONZALEZ of Texas, LYNCH, DAVIS of North Carolina,
Mrs. CHERFILUS-McCORMICK, Ms. VELAZQUEZ, Mr. CARTER of Louisiana, Mses.
JACKSON LEE, OMAR, and Mr. TONKO changed their vote from ``nay'' to
``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Rogers of Alabama). The question is on
the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. NEAL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 217,
nays 215, not voting 3, as follows:
[Roll No. 199]
YEAS--217
Aderholt
Alford
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bean (FL)
Bentz
Bergman
Bice
Bilirakis
Bishop (NC)
Boebert
Bost
Brecheen
Buchanan
Bucshon
Burgess
Burlison
Calvert
Cammack
Carey
Carl
Carter (GA)
Carter (TX)
Chavez-DeRemer
Ciscomani
Cline
Cloud
Clyde
Cole
Collins
Comer
Crane
Crawford
Crenshaw
Curtis
D'Esposito
Davidson
De La Cruz
DesJarlais
Diaz-Balart
Donalds
Duarte
Duncan
Dunn (FL)
Edwards
Ellzey
Emmer
Estes
Ezell
Fallon
Feenstra
Ferguson
Finstad
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Flood
Foxx
Franklin, C. Scott
Fry
Fulcher
Gallagher
Garbarino
Garcia, Mike
Gimenez
Gonzales, Tony
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hageman
Harris
Harshbarger
Hern
Higgins (LA)
Hill
Hinson
Houchin
Hudson
Huizenga
Hunt
Issa
Jackson (TX)
James
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Kean (NJ)
Kelly (MS)
Kiggans (VA)
Kiley
Kim (CA)
Kustoff
LaHood
LaLota
LaMalfa
Lamborn
Langworthy
Latta
LaTurner
Lawler
Lee (FL)
Lesko
Letlow
Loudermilk
Lucas
Luetkemeyer
Luna
Luttrell
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McCormick
McHenry
Meuser
Miller (IL)
Miller (OH)
Miller (WV)
Miller-Meeks
Mills
Molinaro
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Moran
Murphy
Nehls
Newhouse
Norman
Nunn (IA)
Obernolte
Ogles
Owens
Palmer
Pence
Perry
Pfluger
Posey
Reschenthaler
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Santos
Scalise
Schweikert
Scott, Austin
Self
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Strong
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Valadao
Van Drew
Van Duyne
Van Orden
Wagner
Walberg
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (NY)
Williams (TX)
Wilson (SC)
Wittman
Womack
Yakym
Zinke
NAYS--215
Adams
Aguilar
Allred
Auchincloss
Balint
Barragan
Beatty
Bera
Beyer
Biggs
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bowman
Boyle (PA)
Brown
Brownley
Buck
Budzinski
Burchett
Bush
Caraveo
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Casar
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Correa
Costa
Courtney
Craig
Crockett
Crow
Cuellar
Davids (KS)
Davis (IL)
Davis (NC)
Dean (PA)
DeGette
DeLauro
DelBene
Deluzio
DeSaulnier
Dingell
Doggett
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Foushee
Frankel, Lois
Frost
Gaetz
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Garcia, Robert
Golden (ME)
Goldman (NY)
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Hoyle (OR)
Huffman
Ivey
Jackson (IL)
Jackson (NC)
Jackson Lee
Jacobs
Jayapal
Jeffries
Johnson (GA)
Kamlager-Dove
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Krishnamoorthi
Kuster
Landsman
Larsen (WA)
Larson (CT)
Lee (CA)
Lee (NV)
Lee (PA)
Leger Fernandez
Levin
Lieu
Lofgren
Lynch
Magaziner
Manning
Matsui
McBath
McClellan
McCollum
McGarvey
McGovern
Meeks
Menendez
Meng
Mfume
Moore (WI)
Morelle
Moskowitz
Moulton
Mrvan
Mullin
Nadler
Napolitano
Neal
Neguse
Nickel
Norcross
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Peltola
Perez
Pettersen
Phillips
Pingree
Pocan
Porter
Pressley
Quigley
Ramirez
Raskin
Ross
Ruiz
Ruppersberger
Ryan
Salinas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Scholten
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Slotkin
Smith (WA)
Sorensen
Soto
Spanberger
Stansbury
Stanton
Stevens
Strickland
Swalwell
Sykes
Takano
Thanedar
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tokuda
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Vasquez
Veasey
Velazquez
Wasserman Schultz
Waters
Wexton
Wild
Williams (GA)
Wilson (FL)
NOT VOTING--3
Kelly (PA)
Peters
Watson Coleman
{time} 1744
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
[[Page H2039]]
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