[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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