117th CONGRESS 1st Session |
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.
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
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,
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”;
(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
(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;
(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.
“(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)).
“(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.”.
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.