Limit, Save, Grow Act of 2023

This bill increases the federal debt limit and decreases spending. It also repeals several energy tax credits, modifies the permitting process and other requirements for energy projects, expands work requirements for the Supplemental Nutrition Assistance Program (SNAP) and other programs, and nullifies regulations for the cancellation of federal student loan debt. DIVISION A--LIMIT FEDERAL SPENDING TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY (Sec. 101) This section establishes discretionary spending limits for FY2024-FY2033 that include decreases in discretionary spending. In addition, the section extends and establishes new limits for several adjustments to discretionary spending limits that are permitted under current law to accommodate additional appropriations for certain activities. These adjustments apply to spending for continuing disability reviews and redeterminations, health care fraud and abuse control, reemployment services and eligibility assessments, and wildfire suppression. The section also extends the adjustment to discretionary spending limits for disaster relief funding. (Under current law, this adjustment is limited based on a statutory formula.) DIVISION B--SAVE TAXPAYER DOLLARS TITLE I--RESCISSION OF UNOBLIGATED FUNDS (Sec. 201) This section rescinds unobligated funds that were provided by specified acts to address the impact of COVID-19. Specifically, the section rescinds funds that were provided by the American Rescue Plan Act of 2021; the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020; the Families First Coronavirus Response Act; the Coronavirus Aid, Relief, and Economic Security Act (CARES Act); and the Paycheck Protection Program and Health Care Enhancement Act. This section also rescinds unobligated funds that were provided by two divisions of the Consolidated Appropriations Act, 2021: Division M (Coronavirus Response and Relief Supplemental Appropriations Act, 2021), and Division N (Additional Coronavirus Response and Relief). (Sec. 202) This section rescinds unobligated funds that were provided by the 2022 budget reconciliation act (commonly referred to as the Inflation Reduction Act of 2022). Specifically, the section rescinds funds that were provided for assisting states and local governments in adopting building codes that meet certain requirements for energy efficiency; financing certain energy infrastructure projects; carrying out priority deferred maintenance projects within the National Park System; reducing greenhouse gas air pollution; and establishing the Neighborhood Access and Equity Grant Program to improve transportation facilities. TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS (Sec. 211) This section nullifies certain actions taken by the Department of Education (ED) related to federal student loans, including actions that suspend federal student loan payments, discharge debt, and implement a new income-driven repayment plan. It also prohibits ED from implementing new executive actions or rules that are identical or substantially similar to the nullified actions unless the action or rule is expressly authorized by Congress. (Sec. 212) This section limits the authority of ED to propose or issue regulations and executive actions related to federal student-aid programs. The section prohibits ED from issuing such a proposed rule, final regulation, or executive action if ED determines that the rule, regulation, or action (1) is economically significant, and (2) would result in an increase in a subsidy cost resulting from a loan modification. Economically significant refers to a regulation or executive action that is likely to (1) have an annual effect on the economy of $100 million or more; or (2) adversely 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. 222) This section modifies or repeals certain energy-related tax provisions. It modifies the tax credit for producing electricity from renewable resources by decreasing the base amount of such credit and by advancing the terminating date (to before January 1, 2022) applicable to wind, open and closed-end biomass, solar, landfill gas, trash, hydropower, and marine and hydrokinetic renewable energy resources. (Sec. 223) This section modifies the percentage rate of the energy tax credit applicable to various energy properties, including solar, fuel cell, qualified microturbine, combined heat and power, and small wind energy and advances the terminating date for such properties. The section also repeals prevailing wage requirements for laborers and mechanics employed for the construction of qualifying energy facilities and the increased credits for using U.S.-sourced materials in energy facilities and locating in certain energy communities. (Sec. 224) This section repeals the increase in the energy tax credit for solar and wind facilities in low-income communities. (Sec. 228) This section modifies the tax credit for nonbusiness energy property to reduce the rate of such credit from 30% to 10% of qualified energy efficiency improvements and residential energy property expenditures paid or incurred by a taxpayer and eliminates the credit at the end of 2021. It revises the definition of qualified energy property for purposes of such credit to eliminate certain types of property, including natural gas heat pumps and biomass stoves or boilers. This title modifies provisions and advances certain expiration dates relating to the tax credits for new energy efficient homes (Sec. 231), new clean electric vehicles (Sec. 232), the refueling property tax credit (Sec. 235), the qualifying advanced energy projects (Sec. 236), and the tax deduction for energy efficient commercial buildings (Sec. 230). The title repeals the zero-emission nuclear power production tax credit; (Sec. 225) sustainable aviation fuel tax credit; (Sec. 226) tax credit for the production of clean hydrogen; (Sec. 227) tax credit for previously-owned plug-in electric and fuel cell vehicles; (Sec. 233) tax credit for qualified commercial clean vehicles; (Sec. 234) advanced manufacturing production tax credit; (Sec. 237) clean electricity production tax credit; (Sec. 238) clean electricity investment tax credit; (Sec. 239) five-year cost recovery for the depreciation of certain energy property or energy storage technology facilities; (Sec. 240) clean fuel production tax credit; (Sec. 241) and taxpayer election of payments, in lieu of credits, for specified energy property and production of electricity from certain renewable resources. (Sec. 242) TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION (Sec. 251) This title rescinds unobligated amounts made available to the Internal Revenue Service by the Inflation Reduction Act of 2022 for (1) enforcement activities, (2) operations support, and (3) a report on the cost and feasibility of a free direct e-file tax return system. It also rescinds additional funding for the Treasury Inspector General for Tax Administration, the Office of Tax Policy, the U.S. Tax Court, and Department of the Treasury offices. DIVISION C--GROW THE ECONOMY TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES This title makes various changes to the work requirements and other aspects of the Temporary Assistance for Needy Families (TANF) program. (Sec. 301) This section changes the comparison year for calculating the caseload reduction credit from FY2005 to FY2022. Under current law, states must meet a mandatory work participation rate by ensuring that a specified percentage of families that receive TANF assistance participate in work-related activities. However, a state may earn a caseload reduction credit to lower that rate by reducing its caseload of families receiving TANF assistance as compared to its caseload in FY2005. This section changes the comparison year to FY2022. (Sec. 302) This section nullifies certain regulations of the Department of Health and Human Services that reduce the required work participation rate for states that exceed their maintenance of effort requirements (i.e., spend more of their own funds on TANF-related programs and activities than the amount they are required to spend under current law). (Sec. 303) This section restricts a practice whereby some states provide a limited amount of TANF assistance to families as a supplement to benefits that the families receive under another program and then count those families when determining their work participation rate. Specifically, it requires states to apply specified TANF conditions to that assistance. Currently, some states provide small amounts of TANF assistance to families who receive Supplemental Nutrition Assistance Program (SNAP) benefits and have a family member who is already working. The states then include these families for purposes of determining the work participation rate. Under this section, a state may only include those families in the work participation rate if the state applies TANF conditions related to child support, assignment of rights to other support, and work assessments to that assistance. (Sec. 304) This section requires states to report metrics related to the employment and educational outcomes of individuals who exit the TANF program. Specifically, states must report on the employment rate for individuals in unsubsidized employment following their exit from the program and their median earnings. Additionally, states must report on the percentage of individuals under age 24 who obtain a high school degree or equivalent while in the TANF program or within a year of their exit. (Sec. 305) This section makes the changes to the TANF program effective on October 1, 2024. TITLE II--SNAP EXEMPTIONS (Sec. 311) This section expands applicability of the work requirements for SNAP recipients who are able-bodied adults without dependents (ABAWDs). (SNAP recipients who are ABAWDs have work-related requirements in addition to the general SNAP work registration and employment and training requirements.) Specifically, this section applies the work requirements for ABAWDs to adults who are not over 56 years old, whereas these requirements currently apply to adults who are not over 50 years old. (Sec. 312) This section prohibits a state agency from accumulating unused exemptions to the ABAWD work requirement and providing them to eligible SNAP participants beyond the subsequent fiscal year. Currently, for each fiscal year, a state agency may exempt a certain number of SNAP recipients from the ABAWD work requirements; unused exemptions may be carried over and used in a subsequent fiscal year. Under this section, an unused exemption may not be carried over for more than one year. (Sec. 313) This section expands the purpose of SNAP to include assisting low-income adults in obtaining employment and increasing their earnings. TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS (Sec. 321) This section establishes community engagement requirements (i.e., work requirements) for certain adults under Medicaid. Specifically, the community engagement requirement is for individuals ages 19 through 55 to work, engage in community service, or participate in a work program (or a combination of these) for at least 80 hours per month. The section prohibits federal payments for, and allows state Medicaid programs to disenroll, individuals who do not meet these requirements for three or more months in a year. The requirements do not apply to individuals who are (1) physically or mentally unfit to work, (2) pregnant, (3) parents or caretakers of children or incapacitated individuals, (4) complying with work requirements for other federal programs, (5) participating in a drug or alcohol treatment and rehabilitation program, or (6) enrolled at least half-time in school. TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY Regulations from the Executive in Need of Scrutiny Act of 2023 This title increases congressional oversight of agency rulemaking. (Sec. 333) Specifically, this section establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves the rule. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. The section generally preserves the current congressional review process for a nonmajor rule. (Sec. 335) This section requires the Government Accountability Office to report on the total number and cost of rules in effect as of the date of enactment of this section. DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS, INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING (Sec. 10001) In carrying out the Department of Energy Organization Act, the Department of Energy (DOE) must assess the supply of critical energy resources that are essential to the energy security of the United States, facilitate the development of strategies to strengthen the supply chains for those resources, develop substitutes and alternatives to those resources, and improve technology that reuses and recycles critical energy resources. (Sec. 10002) This section prohibits the President from declaring a moratorium on the use of hydraulic fracturing unless Congress authorizes the moratorium. Hydraulic fracturing, or fracking, is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the formation. This section also expresses 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. (Sec. 10003) DOE must direct the National Petroleum Council to publish a report on petrochemical refineries located in the United States. The report must include information concerning (1) the contributions of such refineries to U.S. energy security, (2) a projection for expanding the capacities of the refineries, (3) any federal or state executive actions that have contributed to a decline in their capacities, and (4) any recommendations to increase such capacities. (Sec. 10004) This section establishes a new process for permitting the construction and operation of energy infrastructure across an international border of the United States. Thus, it replaces the existing process established under specified executive orders. This section requires a person to obtain a certificate of crossing before constructing, connecting, operating, or maintaining a border-crossing facility for the import or export of oil, natural gas, or electricity across a U.S. border between Canada or Mexico. A certificate must be obtained from (1) the Federal Energy Regulatory Commission (FERC) for a facility consisting of oil or natural gas pipelines, or (2) from DOE for an electric transmission facility. As a condition of obtaining a DOE certificate, an electric transmission facility must be constructed, connected, operated, or maintained in accordance with specified policies and standards. FERC and DOE must meet a deadline for issuing a certificate as set forth by this section. In addition, this section also requires the President to obtain the approval of Congress before revoking a permit issued under executive orders for constructing, connecting, operating, or maintaining an oil or natural gas pipeline, an electric transmission facility, or a border-crossing facility. (Sec. 10005) This section expresses congressional disapproval of the revocation of the presidential permit for the Keystone XL pipeline. The permit authorized the TransCanada Keystone Pipeline to construct, connect, operate, and maintain the pipeline facilities in Phillips County, Montana, for the import of oil from Canada to the United States. (Sec. 10006) This section expresses 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, except with respect to petroleum exports to foreign persons or foreign governments subject to sanctions under U.S. law. (Sec. 10007) This section repeals certain restrictions on the import and export of natural gas under the Natural Gas Act, including (1) a requirement that FERC authorize an order to export or import natural gas only if it is in the public interest, and (2) restrictions related to free trade agreements. This section grants FERC the exclusive authority to approve or deny applications for the siting, construction, expansion, or operation of facilities to export natural gas to foreign countries or import natural gas from foreign countries. (Sec. 10008) This section expresses congressional disapproval of Oregon's denial of permits and certifications necessary for (1) a new liquefied natural gas export terminal in Coos County, Oregon; and (2) the Pacific Connector Pipeline in the counties of Klamath, Jackson, Douglas, and Coos of Oregon. (Sec. 10009) This section expands FERC's role in conducting environmental reviews of applications for natural gas pipelines under the Natural Gas Act. Specifically, this section makes FERC the sole lead agency for the purpose of coordinating the environmental review of such pipelines under the National Environmental Policy Act of 1969 (NEPA). Thus, federal, state, and local agencies involved in the environmental review process must defer to FERC's approved scope for a NEPA review. FERC must designate the other participating agencies involved in the authorization process. This section limits the environmental review that may be conducted by agencies that are not designated as participants. This section also expedites environmental review of such projects. Specifically, agencies must complete NEPA reviews of pipeline projects by the deadlines established in this section. If a federal or state agency requires the person applying for a pipeline authorization to submit data, then the agency must consider any such data gathered by aerial or other remote means that the person submits. In addition, this section withdraws the following policy statements: (1) Certification of New Interstate Natural Gas Facilities published on March 1, 2022; and (2) Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews published on March 11, 2022. Finally, this section replaces the water quality certification process under Section 401 of the Clean Water Act with the NEPA process led by FERC for an interstate natural gas pipeline or liquefied natural gas project. (Sec. 10010) This section gives a facility that processes or refines a critical energy resource an interim status permit under the Resource Conservation and Recovery Act until (1) the final administrative disposition of its permit application, or (2) it is proven that the facility failed to provide information needed to process the permit application. (Sec. 10011) This section requires the Environmental Protection Agency (EPA) to allow critical energy resource facilities to utilize flexible air permitting. Specifically, the section requires the EPA to revise regulations issued under the Clean Air Act to authorize owners or operators of critical energy resource facilities to utilize flexible air permitting, as described in the final rule titled Operating Permit Programs; Flexible Air Permitting Rule published on October 6, 2009. Flexible air permits contain approaches that allow the source to make operational plans and obtain approval for anticipated types of changes to those plans without subsequent review of the changes when they occur. This section also requires the regulations to facilitate flexible, market-responsive operations (as described in the final rule) with respect to critical energy resource facilities. (Sec. 10012) If the EPA determines that the processing or refining of a critical energy resource at a critical energy resource facility is necessary to meet U.S. security or energy security needs, then the EPA may issue a temporary waiver of any requirement under the Clean Air Act or the Solid Waste Disposal Act with respect to the facility to meet such needs. Further, the EPA may issue such waiver with or without notice, hearing, or other report. (Sec. 10013) This section eliminates a program administered by the EPA that provides incentives for petroleum and natural gas systems to reduce their emissions of methane and other greenhouse gases. It also repeals a charge on methane emissions from specific types of facilities that are required to report their greenhouse gas emissions to the EPA's Greenhouse Gas Emissions Reporting Program. (Sec. 10014) The Greenhouse Gas Reduction Fund is also repealed. This fund provides financial and technical assistance to states and other eligible recipients to help enable low-income and disadvantaged communities carry out activities to reduce greenhouse gas emissions. (Sec. 10015) This section revises the EPA's review under the Toxic Substance Control Act (TSCA) of the risks presented by chemical substances to human health or the environment. Specifically, the section establishes requirements to expedite the review of chemical substances that are considered to be critical energy resources. Currently, TSCA requires manufacturers and processors of chemical substances to notify the EPA before manufacturing a new chemical substance or before manufacturing or processing a substance for a significant new use. The EPA must review such notices and provide a determination on whether the substance or significant new use present an unreasonable risk. This section requires the EPA, when making a determination for a chemical substance that is a critical energy resource, to also consider economic, societal, and environmental costs and benefits. If the EPA fails to make a determination by the end of the applicable review period and the submitter has not withdrawn the notice, the submitter may then proceed in manufacturing or processing the substance. The EPA may only suggest the withdrawal of a notice for a chemical substance that is a critical energy resource, or request a suspension of the review period, if the EPA has conducted a preliminary review of the notice and provided a draft of determination to the submitter. (Sec. 10016) This section revises the EPA's Risk Management program to exempt a petroleum (e.g., gasoline) refinery that uses a hydrofluoric acid alkylation unit from certain hazard assessment requirements. Petroleum refineries use the acid during the gasoline production process. Hydrofluoric acid is hazardous and corrosive. If it is accidently released, it can form a toxic vapor cloud. Currently, petroleum refineries are required to include in a hazard assessment an evaluation of safer technology and alternative risk management measures for a hydrofluoric acid alkylation unit. This section eliminates that requirement if the petroleum refinery (1) has obtained a construction permit or operating permit under the program, or (2) demonstrates that it will conform to the most recent version of American Petroleum Institute Recommended Practice 751. This practice provides guidance on the safe operation of such a unit. (Sec. 10017) This section repeals provisions of the Deficit Reduction Act of 2022 relating to (1) the high-efficiency electric home rebate program, (2) state-based home energy efficiency contractor training grants, and (3) assistance for latest and zero building energy code adoption. It also rescinds any unobligated balances available for such programs. (Sec. 10018) DOE must conduct a study on how to streamline regulatory timelines relating to developing new power plants. In the study, DOE must examine practices relating to various power generating sources, including fossil and nuclear generating sources. (Sec. 10019) This section sets forth requirements to expedite the application review for a state to assume the responsibility (i.e., obtain primacy) from the EPA to implement underground injection control programs under the Safe Drinking Water Act. The existing review process includes requiring the applicant to prevent contamination of underground sources of drinking water from the placement of fluids underground through injection wells. The program consists of six classes of wells that are injected with (1) hazardous and non-hazardous wastes, (2) fluids associated with oil and natural gas production, (3) fluids to dissolve and extract minerals, (4) hazardous or radioactive wastes, (5) non-hazardous fluids, and (6) carbon dioxide. This section deems a state application for primacy approved if the EPA has not made a decision within 300 days. It also requires the EPA to work as expeditiously as possible with states to complete any pre-application activities. In addition, it revises the notice and comment process to expedite the process. The EPA must designate one coordinator from each regional office to be responsible for coordinating applications from states to obtain primacy for underground injection control programs for wells injected with carbon dioxide. The coordinator must evaluate the availability of resources to carry out such activities and make recommendations regarding additional resources needed to do so. For FY2023-FY2026, certain funding from the Infrastructure Investment and Jobs Act may be made available, subject to appropriations, to carry out activities concerning such wells. (Sec. 10020) On October 25, 2022, DOE issued a final rule about procedures for the acquisition of petroleum (e.g., crude oil) for the Strategic Petroleum Reserve (SPR), which is an emergency stockpile of petroleum. Among other requirements, the rule revised procedures to allow DOE to use either fixed-price or index-priced (i.e., price based on market rates) contracts when purchasing petroleum for the SPR. This section requires DOE to use index-priced contracts when acquiring petroleum for the SPR. (Sec. 10021) DOE must prohibit the export or sale of petroleum products from the SPR to (1) China, North Korea, Russia, and Iran; (2) any other country the government of which is subject to U.S. sanctions; and (3) any entity owned, controlled, or influenced by such countries or the Chinese Communist Party. However, DOE may issue a waiver of the prohibition if the export or sale of petroleum products is in the national security interests of the United States. (Sec. 10022) This section expresses congressional disapproval of the proposed tax increase on the oil and natural gas industry in the President's FY2024 budget request. (Sec. 10023) The EPA must report on domestic energy independence. The report must identify and assess any regulations promulgated by the EPA in the last 15 years that have reduced energy independence, increased the regulatory burden for U.S. energy producers, decreased the producer's energy output, reduced energy security, or increased energy costs for U.S. consumers. (Sec. 10024) The Government Accountability Office must conduct a study on how banning natural gas appliances will affect the rates and charges for electricity. (Sec. 10025) This section prohibits DOE from finalizing, implementing, or enforcing (1) 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 with respect to energy conservation standards for gas kitchen ranges and ovens, or (2) any rule that would limit consumer access to gas kitchen ranges and ovens. TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF AMERICAN RESOURCES Transparency, Accountability, Permitting, and Production of American Resources Act or the TAPP American Resources Act