Appendix D Fiscal Responsibility Act

137 STAT. 36

PUBLIC LAW 118–5—JUN. 3, 2023
‘‘(A) The percentage of individuals who were workeligible 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 workeligible 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.’’.

42 USC 607 note.

SEC. 305. EFFECTIVE DATE.

The amendments made by this title shall take effect on October
1, 2024, except for sections 301 and 303 which shall take effect
on October 1, 2025.

TITLE II—SNAP EXEMPTIONS

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SEC. 311. MODIFICATION OF WORK REQUIREMENT EXEMPTIONS.

(a) IN GENERAL.—Section 6(o)(3) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2015(6)(o)(3)) is amended to read as follows:
(1) by striking subparagraph (A) and inserting the following:
‘‘(A)(i) under 18 years of age; or
‘‘(ii) in—
‘‘(I) fiscal year 2023 over 51 years of age;
‘‘(II) fiscal year 2024 over 53 years of age;
‘‘(III) fiscal year 2025 and each fiscal year thereafter over 55 years of age;’’;
(2) in subparagraph (D), by striking ‘‘or’’ at the end;
(3) in subparagraph (E), by striking the period at the
end and inserting ‘‘;’’; and
(4) adding at the end the following:
‘‘(F) a homeless individual;
‘‘(G) a veteran; or

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PUBLIC LAW 118–5—JUN. 3, 2023

137 STAT. 37

‘‘(H) an individual who is 24 years of age or younger
and who was in foster care under the responsibility of
a State on the date of attaining 18 years of age or such
higher age as the State has elected under section
475(8)(B)(iii) of the Social Security Act (42 U.S.C.
675(8)(B)(iii)).’’.
(b) APPLICATION.—
(1) STATE AGENCY.—A state agency shall apply section
6(o)(3) of the Food and Nutrition Act of 2008, as amended
by subsection (a), to any application for initial certification
or recertification received starting 90 days after the date of
enactment of this Act.
(2) SUNSET.—The amendments made by subsection (a) shall
cease to have effect on October 1, 2030.

7 USC 2015 note.
Effective date.

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SEC. 312. MODIFICATION OF GENERAL EXEMPTIONS.

Section 6(o)(6) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o)(6)) is amended—
(1) in subparagraph (E)—
(A) in the heading, by striking ‘‘SUBSEQUENT FISCAL
YEARS’’ and inserting ‘‘FISCAL YEARS 2020 THROUGH 2023’’;
(B) by striking ‘‘(F) through (H)’’ and inserting ‘‘(G)
through (I)’’; and
(C) by striking ‘‘year,’’ and inserting ‘‘year through
fiscal year 2023,’’;
(2) in subparagraph (F), by striking ‘‘or (E)’’ and inserting
‘‘, (E) or (F)’’;
(3) by redesignating subparagraphs (F), (G), and (H) as
subparagraphs (G), (H), and (I), respectively;
(4) by inserting after subparagraph (E) the following:
‘‘(F) SUBSEQUENT FISCAL YEARS.—Subject to subparagraphs (G) through (I), for fiscal years 2024 and each
subsequent fiscal year, a State agency may provide a
number of exemptions such that the average monthly
number of exemptions in effect during the fiscal year does
not exceed 8 percent of the number of covered individuals
in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes
in the State’s caseload and the Secretary’s estimate of
changes in the proportion of members of households that
receive supplemental nutrition assistance program benefits
covered by waivers granted under paragraph (4)’’;
(5) in subparagraph (B), by striking ‘‘(H)’’ and inserting
‘‘(I)’’;
(6) in subparagraph (C), by striking ‘‘(F) and (H)’’ and
inserting ‘‘(G) and (I)’’;
(7) in subparagraph (D), by striking ‘‘(F) through (H)’’ and
inserting ‘‘(G) through (I)’’; and
(8) by adding at end the following:
‘‘(J) RULE OF CONSTRUCTION FOR EXEMPTION ADJUSTMENT.—During fiscal year 2024 and each subsequent fiscal
year, nothing in this paragraph shall be interpreted to
allow a State agency to accumulate unused exemptions
to be provided beyond the subsequent fiscal year.’’.

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Time periods.
Estimate.

Time periods.

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137 STAT. 38

PUBLIC LAW 118–5—JUN. 3, 2023
SEC. 313. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM UNDER
THE FOOD AND NUTRITION ACT OF 2008.

Section 2 of the Food and Nutrition Act of 2008 (7 U.S.C.
2011) is amended by adding at end the following:
‘‘That program includes as a purpose to assist low-income adults
in obtaining employment and increasing their earnings. Such
employment and earnings, along with program benefits, will permit
low-income households to obtain a more nutritious diet through
normal channels of trade by increasing food purchasing power for
all eligible households who apply for participation.’’.
Deadline.
Public
information.
Data.
7 USC 2015 note.

SEC. 314. WAIVER TRANSPARENCY.

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

TITLE III—PERMITTING REFORM
SEC. 321. BUILDER ACT.

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Analysis.

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(a) PARAGRAPH (2) OF SECTION 102.—Section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2))
is amended—
(1) in subparagraph (A), by striking ‘‘insure’’ and inserting
‘‘ensure’’;
(2) in subparagraph (B), by striking ‘‘insure’’ and inserting
‘‘ensure’’;
(3) in subparagraph (C)—
(A) by inserting ‘‘consistent with the provisions of this
Act and except where compliance would be inconsistent
with other statutory requirements,’’ before ‘‘include in
every’’;
(B) by striking clauses (i) through (v) and inserting
the following:
‘‘(i) reasonably foreseeable environmental effects
of the proposed agency action;
‘‘(ii) any reasonably foreseeable adverse environmental effects which cannot be avoided should the
proposal be implemented;
‘‘(iii) a reasonable range of alternatives to the proposed agency action, including an analysis of any negative environmental impacts of not implementing the
proposed agency action in the case of a no action alternative, that are technically and economically feasible,
and meet the purpose and need of the proposal;
‘‘(iv) the relationship between local short-term uses
of man’s environment and the maintenance and
enhancement of long-term productivity; and
‘‘(v) any irreversible and irretrievable commitments of Federal resources which would be involved
in the proposed agency action should it be implemented.’’; and

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