[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5591 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5591
To amend the Food and Nutrition Act of 2008 to expand the eligibility
of students to participate in the supplemental nutrition assistance
program, establish college student food insecurity demonstration
programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 15, 2021
Mrs. Hayes (for herself, Mr. Lawson of Florida, and Mrs. Torres of
California) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food and Nutrition Act of 2008 to expand the eligibility
of students to participate in the supplemental nutrition assistance
program, establish college student food insecurity demonstration
programs, 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 ``Student Food Security Act of 2021''.
SEC. 2. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM.
(a) Definition of Household.--Section 3(m)(5) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(m)(5)) is amended by adding at the
end the following:
``(F) Individuals who are students and residents of
an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)).''.
(b) Eligibility of Students.--Section 6 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2015) is amended--
(1) in the section heading, by inserting ``qualifications
and'' after ``eligibility'';
(2) in subsection (d)(2)(C)--
(A) by inserting ``who is'' after ``student''; and
(B) by striking ``(except'' and all that follows
through ``section)'' and inserting ``(as determined by
the school, training program, or institution of higher
education) and meets the requirements for eligibility
under subsection (e)''; and
(3) in subsection (e)--
(A) in paragraph (3)--
(i) in subparagraph (B), by redesignating
clauses (i) and (ii) as subclauses (I) and
(II), respectively, and indenting
appropriately; and
(ii) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively, and indenting appropriately;
(B) in paragraph (5), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively, and indenting appropriately;
(C) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively, and
indenting appropriately;
(D) in subparagraph (D) (as so redesignated), by
striking ``20'' and inserting ``10'';
(E) in subparagraph (E)(ii) (as so redesignated),
by striking ``paragraph (4)'' and inserting
``subparagraph (D)'';
(F) in subparagraph (G) (as so redesignated), by
striking ``or'' at the end after the semicolon;
(G) in subparagraph (H) (as so redesignated), by
striking the period at the end and inserting a
semicolon;
(H) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``(e) No individual'' and
all that follows through ``individual--'' and inserting
the following:
``(e) Qualifications for Students.--A student enrolled in any
recognized school, training program, or institution of higher education
(as defined in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)) shall be eligible to participate in the supplemental
nutrition assistance program if--
``(1) the student satisfies the income and other
eligibility requirements of this Act; and
``(2) the student--''; and
(I) in paragraph (2) (as so designated), by adding
at the end the following:
``(I) is eligible to participate in a State or
federally financed work study program, including the
program authorized under part C of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087-51 et
seq.);
``(J)(i) is not an independent student (as defined
in section 480(d) of the Higher Education Act of 1965
(20 U.S.C. 1087vv(d))); and
``(ii)(I) has an expected family contribution or
student aid index of not more than $0, as determined in
accordance with part F of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087kk et seq.); or
``(II) meets the financial eligibility criteria for
receiving a maximum Federal Pell Grant under subpart 1
of part A of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070a et seq.)--
``(aa) regardless of whether the student
has completed the Free Application for Federal
Student Aid described in section 483 of that
Act (20 U.S.C. 1090); and
``(bb) as determined by a State using the
income of the student, as determined under--
``(AA) the supplemental nutrition
assistance program or another Federal
or State means-tested program; or
``(BB) another reasonable
simplifying assumption; or
``(K)(i) is an independent student (as defined in
section 480(d) of the Higher Education Act of 1965 (20
U.S.C. 1087vv(d))); and
``(ii) is a member of a household otherwise
eligible to participate in the supplemental nutrition
assistance program.''.
(c) Conforming Amendment.--Section 6(d)(2)(C) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)(2)(C)) is amended by striking
``half time'' and inserting ``half-time''.
SEC. 3. COMMUNICATION OF INFORMATION ON STUDENT ELIGIBILITY FOR
NUTRITION ASSISTANCE PROGRAMS.
(a) Definitions.--In this section:
(1) College student.--The term ``college student'' means a
student enrolled in an institution of higher education.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Program.--The term ``program'' means the supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Strategies Report.--Not later than 180 days after the effective
date of this Act, the Secretary shall submit to Congress a report that
describes the strategy to be used by the Secretary--
(1) to increase the awareness of State agencies and
institutions of higher education about--
(A) college student food insecurity;
(B) the eligibility of college students for the
program; and
(C) the procedures and resources available to
college students who are not participating in the
program to access benefits under the program;
(2) to identify--
(A) existing or potential informational,
educational, policy, and psychological barriers to
enrolling in the program and barriers to complying with
program requirements;
(B) mitigation strategies with respect to those
barriers; and
(C) opportunities for collaboration with the
Department of Education and other relevant Federal
agencies; and
(3) to update the State Outreach Plan Guidance under
subsection (c).
(c) Updated State Outreach Plan Guidance.--Not later than 90 days
after the Secretary submits to Congress a report under subsection (b),
the Secretary shall publish an updated State Outreach Plan Guidance
that--
(1) describes existing data on college student food
insecurity;
(2) describes the manner in which college students can
access the supplemental nutrition assistance program;
(3) recommends outreach activities to address college
student food insecurity and encourages States to conduct those
and other outreach activities;
(4) provides a template for a State to submit information
to the Secretary describing the outreach activities being
carried out by the State to address college student food
insecurity; and
(5) contains updated guidance based on the contents of that
report.
SEC. 4. DEMONSTRATION PROGRAM.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended by adding at the end the following:
``(o) College Student Food Insecurity Demonstration Program.--
``(1) Definitions.--In this subsection:
``(A) College student.--The term `college student'
means a student enrolled in an institution of higher
education.
``(B) Demonstration program.--The term
`demonstration program' means the demonstration program
established under paragraph (2).
``(C) Institution of higher education.--The term
`institution of higher education'--
``(i) has the meaning given the term in
section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001); and
``(ii) includes a postsecondary vocational
institution (as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002)).
``(2) Demonstration program.--Pursuant to subsection (b),
the Secretary, in collaboration with the Secretary of
Education, shall establish a demonstration program under which
the Secretary shall carry out demonstration projects in
accordance with paragraph (3)--
``(A) to decrease student food insecurity at
institutions of higher education; and
``(B) to reduce barriers to college students fully
utilizing supplemental nutrition assistance program
benefits at institutions of higher education.
``(3) Demonstration projects.--To carry out the
demonstration program, the Secretary shall carry out
demonstration projects that test the following new supplemental
nutrition assistance program delivery methods:
``(A) Allowing a college student receiving
supplemental nutrition assistance program benefits--
``(i) to use those benefits to purchase
prepared foods from a campus dining hall, on-
campus store, or other on-campus merchant or
provider that typically sells prepared meals
and participates in the student meal program at
the institution of higher education at which
the student is enrolled; and
``(ii) to be exempt from requirements to
purchase a campus meal plan as part of the
attendance of the college student at the
institution of higher education.
``(B) Allowing a college student to use an EBT card
or a campus-specific card at any of the locations
described in subparagraph (A)(i) or a retailer
authorized under section 9.
``(4) Project limit.--
``(A) In general.--The Secretary shall carry out
not more than 10 demonstration projects under the
demonstration program simultaneously.
``(B) Institutions.--The Secretary shall carry out
not more than 1 demonstration project under the
demonstration program at any single institution of
higher education.
``(5) Priority.--In selecting an institution of higher
education at which to carry out a demonstration project, the
Secretary shall give priority to an institution of higher
education--
``(A) at which not less than 25 percent of enrolled
students are students that are eligible to receive a
Federal Pell Grant under subpart 1 of part A of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070a
et seq.); or
``(B) that is described in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
``(6) Project administration.--
``(A) In general.--The Secretary shall establish
criteria and parameters for selecting, operating,
monitoring, and terminating each demonstration project
under the demonstration program.
``(B) Prices charged.--The Secretary shall ensure
that prices charged by food providers participating in
a demonstration project under the demonstration program
are comparable to prices charged by those food
providers prior to participation.
``(7) Project termination.--To the maximum extent
practicable, the Secretary shall ensure that the termination of
a demonstration project under the demonstration program shall
not cause sudden adverse changes, including a reduction of
institutional financial aid or the elimination of benefits
under the supplemental nutrition assistance program, for
students participating in the demonstration project.
``(8) Program termination.--The demonstration program shall
terminate on the date that is 10 years after the date on which
the demonstration program is established.
``(9) Evaluation.--For the duration of the demonstration
program, the Secretary shall, in collaboration with the
Director of the Institute of Education Sciences, conduct an
annual evaluation of each demonstration project carried out
under the demonstration program during the year covered by the
evaluation, including an analysis of the extent to which the
project is meeting the desired outcomes, which include
reduction in food insecurity and improved academic performance.
``(10) Report.--For the duration of the demonstration
program, the Secretary shall submit to the Committees on
Agriculture, Nutrition, and Forestry and Health, Education,
Labor, and Pensions of the Senate and the Committees on
Agriculture and Education and Labor of the House of
Representatives an annual report that includes--
``(A) a description of each demonstration project
carried out under the demonstration program during the
year covered by the report;
``(B) the evaluation conducted under paragraph (9);
and
``(C) recommendations for legislation to improve
the supplemental nutrition assistance program to better
serve college students.
``(11) Waiver and modification authority.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may, as may be necessary solely to carry out
the demonstration program--
``(i) waive any provision under this Act,
including--
``(I) the requirement relating to
local sales tax under section 4(a);
``(II) requirements relating to the
issuance and use of supplemental
nutrition assistance program benefits
under section 7; and
``(III) requirements for approval
of retail food stores under section 9;
and
``(ii) modify the definitions under this
Act for the purposes of the demonstration
program, including the definition of--
``(I) the term `food' under section
3(k);
``(II) the term `household' under
section 3(m); and
``(III) the term `retail food
store' under section 3(o).
``(B) Limitation.--The Secretary may not waive a
provision or modify a definition under subparagraph (A)
if the waiver or modification will--
``(i) cause increased difficulty for any
household to apply for or access supplemental
nutrition assistance program benefits; or
``(ii) reduce the value of those benefits
for any household.
``(12) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this subsection.
``(13) Appropriations in advance.--Only funds appropriated
under paragraph (12) in advance specifically to carry out this
subsection shall be available to carry out this subsection.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 180 days after the date of enactment of this Act.
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