[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5346 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5346
To amend the Food and Nutrition Act of 2008 to provide for the direct
certification and enrollment of households of active members of the
Armed Forces of the United States in the supplemental nutrition
assistance program; and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2021
Mr. Bishop of Georgia (for himself, Mr. Fortenberry, Mrs. Hayes, Mr.
Newhouse, Mr. McGovern, Mr. Reschenthaler, Ms. McCollum, Mr. Hudson,
Mr. Lawson of Florida, Ms. Kuster, Mr. Rush, Mr. Levin of California,
Mr. Pocan, Mr. Ryan, Ms. Norton, Ms. Ross, Mr. Cardenas, Mr. Morelle,
Mr. Cooper, Mr. Bowman, Ms. Brownley, Ms. Wild, Ms. Lofgren, Ms.
Scanlon, and Mr. DeSaulnier) introduced the following bill; which was
referred to the Committee on Agriculture, and in addition to the
Committee on Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Food and Nutrition Act of 2008 to provide for the direct
certification and enrollment of households of active members of the
Armed Forces of the United States in the supplemental nutrition
assistance program; and for other purposes.
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 ``Equal Access to the Right Nutrition
for Military Families (EARN) Act of 2021''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Section 605 of the National Defense Authorization Act
for Fiscal Year 2016 directed the Secretary of Agriculture to
ensure that data on usage of the supplemental nutrition
assistance program (commonly known as SNAP) by members of the
Armed Forces was shared with the Secretary of Defense.
(2) The Government Accountability Office found in 2016 that
the Department of Defense had no coordination effort underway
to access such data.
(3) The same 2016 Government Accountability Office report
recommended that the Department of Defense revise surveys to
collect and analyze more complete data on food assistance
utilization among service members and coordinate with the
Department of Agriculture to leverage its access to data on
service members and their families who use their programs
services.
(4) Section 656 of the National Defense Authorization Act
for Fiscal Year 2020 directed the Secretary of Defense to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the extent of food
insecurity among members of the Armed Forces and their
dependents by May 1, 2020.
(5) The Conference Report accompanying the National Defense
Authorization Act for Fiscal Year 2021 reiterated the
importance of the report, extended the deadline for completion
to March 31, 2021, and directed the Secretary of Defense to
take necessary action to address any food insecurity found to
exist among members of the Armed Forces and their dependents.
(6) The Secretary of Defense has still not submitted the
report.
(7) Testimony presented before the Committee on Rules of
the House of Representatives on May 27, 2021, revealed that--
(A) 14 percent of active duty service members
experience low or very low food security,
(B) military families of color struggle with food
insecurity at higher rates than their white peers,
(C) military spouse unemployment is 7 times higher
than the national average,
(D) frequent moves associated with military
lifestyle place additional burdens on the financial
security of military families, and
(E) additional costs for childcare, when available,
further drain household finances.
(8) Research conducted by the Department of Agriculture
shows a clear linkage between food insecurity and mental health
concerns, including anxiety, depression, and suicidal ideation.
(9) As a result of military service members' facing
barriers in accessing supplemental nutrition assistance program
benefits, food banks and food pantries operate on or near every
military base in the United States, serving food insecure
military families.
(10) The transition from military service to civilian life
is often a point of increased hardship, especially for those
separating at younger ages and with few job skills that
transition easily to the civilian economy.
(11) Unemployment is a significant problem among Gulf War
era II (post 9/11 wars) veterans, particularly those aged 25-
34.
SEC. 3. INCOME AND ASSETS OF MILITARY FAMILY HOUSEHOLDS.
(a) Definitions.--Section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012) is amended--
(1) in subsection (e) by adding at the end the following:
``In the case of military family households, the Secretary of Defense
may be the benefit issuer.'',
(2) by inserting after subsection (g) the following:
``(g-1) Dependent.--`Dependent', for purposes of section 5(d)(21),
has the meaning given such term in section 401 of title 37 of the
United States Code.'', and
(3) by inserting after subsection (m) the following:
``(m-1) `Military family household' means an active duty member of
the Armed Forces and all dependents living with such member. Any member
of the household that is not within the definition of `military family
household' retains their eligibility for State administered
supplemental nutrition assistance program.
``(m-2) `Military pay', for purposes of section 5(d)(21), means the
basic pay, basic allowance for subsistence, basic allowance for housing
(or applicable cash equivalent), overseas housing allowance, bonuses,
and special and incentive payments of such member, as reported by the
Department of Defense Integrated Personnel and Pay System.''.
(b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7
U.S.C. 2014) is amended--
(1) in subsection (c)--
(A) in paragraph (1) by striking ``and'' at the
end,
(B) in paragraph (2) by striking the period at the
end and inserting ``; and'', and
(C) by adding at the end the following:
``(3) in the case of a household that includes a member of
the Armed Forces of the United States, the household's income
(after the exclusions provided for in subsection (d) but before
the deductions provided for in subsection (e)) exceeds the
poverty line by more than 100 percent.'',
(2) in subsection (d)--
(A) in paragraph (18) by striking ``and'' at the
end,
(B) in paragraph (19)(B) by striking the period at
the end and inserting ``; and'', and
(C) by adding at the end the following:
``(20) the basic housing allowance (or applicable cash
equivalent) received by household members who are active
members of the Armed Forces of the United States.''.
(c) Military Family Household Eligibility.--Section 5 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2014) is amended by adding at the
end the following:
``(o) Military Family Household Eligibility.--Notwithstanding any
other provision of this section, a military family household shall not
be ineligible for failing to meet the requirements of subsection (g),
(h), (i), (j), (k), (l), (m), or (n).''.
SEC. 4. ELIGIBILITY DISQUALIFICATIONS OF MILITARY FAMILY HOUSEHOLDS.
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is
amended by adding at the end the following:
``(t) Eligibility Disqualifications of Military Family
Households.--Notwithstanding any other provision of this section, only
subsections (m), (n), (s), and (q) shall apply with respect to military
family households.''.
SEC. 5. OUTREACH BY THE SECRETARY OF DEFENSE.
The Secretary of Defense shall provide outreach to active members
of the Armed Forces of the United States to inform them that they may
be eligible to receive the supplemental nutrition assistance program
benefits as a result of amendments made by this Act.
SEC. 6. ENROLLMENT AND ADMINISTRATION OF SNAP BENEFITS.
Not later than 30 days after the date of the enactment of this
Act, the Secretary of Agriculture and the Secretary of Defense shall
begin to develop a memorandum of understanding and a data sharing
agreement to be completed not later than 180 days after the date of the
enactment of this Act that--
(1) establishes a federally administered supplemental
nutrition assistance program benefit for military family
households,
(2) provides for direct certification and enrollment of
eligible military family households in the supplemental
nutrition assistance program,
(3) allows the Department of Defense to certify, enroll,
and issue supplemental nutrition assistance benefits to
eligible military family households,
(4) establishes an online portal and a call center for
military family households to report non-military income and
changes to non-military income, access program information, and
opt out of benefits, and
(5) establishes an automatic, temporary six month
transitional supplemental nutrition assistance program benefit
for military family households of which one or more military
servicemembers are honorably discharged.
SEC. 7. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED
FORCES AND THEIR DEPENDENTS.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Agriculture acting jointly shall submit a report on food insecurity
among members of the Armed Forces and their dependents in addition to
the report required by Section 656 of Public Law 116-92 to the
following:
(1) The Committee on Armed Services of the Senate.
(2) The Committee on Armed Services of the House of
Representatives.
(3) The Committee on Agriculture, Nutrition, and Forestry
of the Senate.
(4) The Committee on Agriculture of the House of
Representatives.
(5) Of the Committee on Appropriations of the Senate--
(A) the Subcommittee on Agriculture, Rural
Development, Food, and Drug Administration, and Related
Agencies,
(B) the Subcommittee on Military Construction,
Veterans Affairs, and Related Agencies, and
(C) the Subcommittee on Defense.
(6) Of the Committee on Appropriations of the House of
Representatives--
(A) the Subcommittee on Agriculture, Rural
Development, Food, and Drug Administration, and Related
Agencies,
(B) the Subcommittee on Military Construction,
Veterans Affairs, and Related Agencies, and
(C) the Subcommittee on Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) Data collection and analysis of the current extent of
food insecurity among members of the Armed Forces and their
dependents using the USDA Six-Item Short Form Food Security
Scale.
(2) The impact of the amendments made by this Act on the
supplemental nutrition assistance program enrollment of
military family households.
(3) The incidence and analysis of underpayments and
overpayments with respect to the benefits established in
paragraphs (1) and (5) of section 6.
(4) Any other recommendations for policies, programs, and
activities to address food insecurity among members of the
Armed Forces and their dependents that the Secretaries consider
appropriate.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION.
There are authorized to be appropriated such sums as may be
necessary for fiscal years 2022 through 2026 for administrative
operations and activities to carry out the amendments made by this Act.
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