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H.R. 3746 — what changed

Fiscal Responsibility Act of 2023

From Introduced in House to Placed on Calendar Senate. 4 sections amended between Introduced in House and Placed on Calendar Senate.

Sec. 101 Discretionary spending limits

(a)
In general— Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended—
(1)
in paragraph (7)(B), by striking “and” at the end; and
(2)
by inserting after paragraph (8) the following:

“(9) for fiscal year 2024—

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

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

“(10) for fiscal year 2025—

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

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

(b)
Conforming amendments to adjustments—
(1)
Continuing disability reviews and rederminations— Section 251(b)(2)(B)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended—
(A)
in subclause (IX), by striking “and” at the end;
(B)
in subclause (X), by striking the period and inserting a semicolon; and
(C)
by inserting after subclause (X) the following:

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

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

(2)
Health care fraud and abuse control— Section 251(b)(2)(C)(i) of such Act is amended—
(A)
in subclause (IX), by striking “and” at the end;
(B)
in subclause (X), by striking the period and inserting a semicolon; and
(C)
by inserting after subclause (X) the following:

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

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

(3)
Disaster funding— Section 251(b)(2)(D)(i) of such Act is amended—
(A)
in the matter preceding subclause (I), by striking “for fiscal years 2012 through 2021” and inserting “for fiscal years 2024 and 2025”; and
(B)
by amending subclause (II) to read as follows:

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

(4)
Reemployment services and eligibility assessments— Section 251(b)(2)(E)(i) of such Act is amended—
(A)
in subclause (III), by striking “and” at the end;
(B)
in subclause (IV), by striking the period and inserting a semicolon; and
(C)
by inserting after subclause (IV) the following:

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

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

(c)
Conforming amendments relating to sequestration reports— Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904) is amended—
(1)
in subsection (c)(2), by striking “2021” and inserting “2025”; and
(2)
in subsection (f)(2)(A), by striking “2021” and inserting “2025”.
(d)
changed Appropriation for Cost of War Toxic Exposure Exposures Fund— In addition to amounts otherwise available for such purposes, there are appropriated, out of any money in the Treasury not otherwise appropriated, for investment in the delivery of veterans’ health care associated with exposure to environmental hazards, the expenses incident to the delivery of veterans’ health care and benefits associated with exposure to environmental hazards, and medical and other research relating to exposure to environmental hazards, as authorized by section 324 of title 38, United States Code—
(1)
$20,268,000,000, which shall become available on October 1, 2023, and shall remain available until September 30, 2028; and
(2)
$24,455,000,000, which shall become available on October 1, 2024, and shall remain available until September 30, 2029.
(e)
Appropriation for Department of Commerce Nonrecurring Expenses Fund—
(1)
In general— In addition to amounts otherwise available, there is appropriated to the Department of Commerce Nonrecurring Expenses Fund for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $22,000,000,000, to remain available until expended, of which—
(A)
$11,000,000,000 is to carry out programs related to Government efficiencies in fiscal year 2024; and
(B)
$11,000,000,000 is to carry out programs related to Government efficiencies in fiscal year 2025.
(2)
Limitation on transfer— Funds provided by paragraph (1) shall not be subject to any transfer authority provided by law.
(3)
Report requirements— Reporting requirements in section 111(a) of division B of Public Law 116–93 shall apply to funds provided by paragraph (1).
(4)
Statutory PAYGO scorecards— The budgetary effects of this subsection shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.
(5)
Senate PAYGO scorecards— The budgetary effects of this subsection and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(6)
changed Classification of budgetary effects— Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(7) and (c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this section subsection shall be estimated for purposes of section 251 of such Act and as appropriations for discretionary accounts for purposes of the allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974 and the concurrent resolution on the budget.
(f)
Additional spending limits— For purposes of section 302(a)(5) of the Congressional Budget and Impoundment Control Act of 1974, in the following applicable fiscal years, the following discretionary spending limits shall apply:
(1)
Fiscal year 2026, $1,621,959,000,000.
(2)
Fiscal year 2027, $1,638,179,000,000.
(3)
Fiscal year 2028, $1,654,560,000,000.
(4)
Fiscal year 2029, $1,671,106,000,000.

Sec. 102 Special adjustments for fiscal years 2024 and 2025

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

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

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

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

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

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

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

“(B) April 30, 2024.

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

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

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

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

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

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

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

“(B) April 30, 2025.

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

Sec. 103 Budgetary treatment of previously enacted emergency requirements

(a)
changed In general— Notwithstanding section 905(c) of division J of Public Law 117–58 and section 23005(c) of division B of Public Law 117–159, Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217, and sections 250(c)(7) and (c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects for any fiscal year for the amounts specified in subsection (b) shall not count for purposes of section 251 of such Act, and no discretionary spending limit shall be adjusted for funding designated by the Congress pursuant to section 251(b)(2)(A) of such Act.
(b)
Amounts— The amounts specified in this subsection are—
(1)
amounts designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, in division B of the Bipartisan Safer Communities Act (Public Law 117–159);
(2)
changed amounts designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58); and
(3)
amounts designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress) in section 443(b) in division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328).

Sec. 64

changed The unobligated balances of amounts made available under the heading “Department of Energy—Energy Programs—Science” in title III IV of division D B of Public Law 116–260 116–136 are hereby permanently rescinded.