I 

118TH CONGRESS 

1ST SESSION H. R. 6423 

To amend the Food and Nutrition Act of 2008 to provide certain alternative 

eligibility requirements applicable to foster care youth, and homeless 

youth, who are enrolled at least half-time in an institution of higher 

education, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2023 

Mr. DAVIS of Illinois (for himself, Ms. NORTON, Ms. JACKSON LEE, Mr. 

CLEAVER, Mr. MULLIN, Mr. GARCI ́A of Illinois, and Ms. BROWN) introduced the following bill; which was referred to the Committee on Agriculture 

A BILL 

To amend the Food and Nutrition Act of 2008 to provide 

certain alternative eligibility requirements applicable to 

foster care youth, and homeless youth, who are enrolled 

at least half-time in an institution of higher education, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foster and Homeless 

5 Youth Food Security Act of 2023’’. 

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1 SEC. 2. AMENDMENTS. 

2 (a) DEFINITIONS.—Section 3 of the Food and Nutri3 tion Act of 2008 (7 U.S.C. 2012) is amended— 

4 (1) by inserting after subsection (j) the fol5 lowing: 

6 ‘‘(j–1) ‘foster care individual’— 

7 ‘‘(1) means an individual whose care and place8 ment are the responsibility of the State or Tribal 

9 agency that administers a State or Tribal plan 

10 under part B or E of title IV of the Social Security 

11 Act (42 U.S.C. 621 et seq.), without regard to 

12 whether foster care maintenance payments are made 

13 under section 472 of such Act (42 U.S.C. 672) on 

14 behalf of such individual; and 

15 ‘‘(2) includes an individual who was age 13 or 

16 older when the individual’s care and placement were 

17 the responsibility of a State or Tribal agency that 

18 administered a State or Tribal plan under part B or 

19 E of title IV of the Social Security Act (42 U.S.C. 

20 621 et seq.) and who is no longer under the care 

21 and responsibility of such a State or tribal agency, 

22 without regard to any such individual’s subsequent 

23 adoption, guardianship arrangement, or other form 

24 of permanency outcome.’’, and 

25 (2) in subsection (l)— 

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1 (A) in paragraph (2) by striking ‘‘or’’ at 

2 the end; 

3 (B) by redesignating paragraph (2) as 

4 paragraph (3); and 

5 (C) by inserting after paragraph (1) the 

6 following: 

7 ‘‘(2) a homeless child or youth as defined in 

8 section 725 of the McKinney-Vento Homeless Assist9 ance Act; or’’. 

10 (b) AVAILABILITY OF PREPARED MEALS.—Section 

11 3(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 

12 2012(k)) is amended— 

13 (1) by striking ‘‘and (9)’’ the 1st place it ap14 pears and inserting ‘‘(9), and (10)’’; 

15 (2) by striking ‘‘and (9)’’ the last place it ap16 pears and inserting ‘‘(9)’’; and 

17 (3) by inserting before the period at the end the 

18 following: 

19 ‘‘and, (10) meals prepared and served by an institution 

20 of higher education (as defined in the Higher Education 

21 Act of 1965) that has has in effect a program participa22 tion agreement with the Secretary of Education in accord23 ance with section 487(a) of the Higher Education Act of 

24 1965, for consumption by a foster care individual, or a 

25 homeless individual, over 17 and not over 26 years of age 

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1 enrolled at least half-time in such institution (as deter2 mined by such institution) that provides such individual 

3 with housing that lacks an individualized cooking facility’’. 

4 (c) TREATMENT AS SEPARATE HOUSEHOLD.—Sec5 tion 3(m)(5) of the Food and Nutrition Act of 2008 (7 

6 U.S.C. 2012(m)(5)) is amended by adding at the end the 

7 following: 

8 ‘‘(F) Foster care individuals, or homeless indi9 viduals, over 17 and not over 26 years of age en10 rolled at least half-time in an institution of higher 

11 education (as determined by such institution) that 

12 provides such individuals with housing that lacks in13 dividualized cooking facilities.’’. 

14 (d) RETAIL FOOD STORE.—Section 3(o)(2) of the 

15 Food and Nutrition Act of 2008 (7 U.S.C. 2012(o)(2)) 

16 is amended— 

17 (1) by inserting ‘‘institution’’ after ‘‘program’’; 

18 and 

19 (2) by striking ‘‘and (9)’’ and inserting ‘‘(9), 

20 and (10)’’. 

21 (e) LIMITATION ON ELIGIBILITY EXCLUSION.—Sec22 tion 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 

23 2015(e)) is amended— 

24 (1) in paragraph (7) by striking ‘‘or’’ at the 

25 end; 

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1 (2) by redesignating paragraph (8) as para2 graph (9); and 

3 (3) by inserting after paragraph (7) the fol4 lowing: 

5 ‘‘(8) is a foster care individual, or a homeless 

6 individual, over 17 and not over 26 years of age who 

7 is so enrolled as determined by such institution; or’’. 

8 SEC. 3. TECHNICAL ASSISTANCE OR GUIDANCE. 

9 The Secretary of Agriculture shall provide technical 

10 assistance or guidance to State agencies for the purpose 

11 of implementing the amendments made by this Act. 

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