I 

116TH CONGRESS 

1ST SESSION H. R. 3801 

To amend title 37, United States Code, to establish a basic needs allowance 

for low-income regular members of the Army, Navy, Marine Corps, 

and Air Force. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 17, 2019 

Mrs. DAVIS of California (for herself and Mr. YOUNG) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 37, United States Code, to establish a basic 

needs allowance for low-income regular members of the 

Army, Navy, Marine Corps, and Air Force. 

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 ‘‘Military Hunger Pre5 vention Act’’. 


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1 SEC. 2. BASIC NEEDS ALLOWANCE FOR LOW-INCOME REG2 ULAR MEMBERS. 

3 (a) IN GENERAL.—Chapter 7 of title 37, United 

4 States Code, is amended by inserting after section 402a 

5 the following new section: 

6 ‘‘§ 402b. Basic needs allowance for low-income reg7 ular members 

8 ‘‘(a) ALLOWANCE REQUIRED.—(1) Subject to para9 graph (2), the Secretary of Defense shall pay to each cov10 ered member a basic needs allowance in the amount deter11 mined for such member under subsection (b). 

12 ‘‘(2) In the event a household contains two or more 

13 covered members entitled to receive the allowance under 

14 this section in a given year, only one allowance may be 

15 paid for that year to a covered member among such cov16 ered members whom such covered members shall jointly 

17 elect. 

18 ‘‘(b) AMOUNT OF ALLOWANCE FOR A COVERED

19 MEMBER.—(1) The amount of the monthly allowance pay20 able to a covered member under subsection (a) for a year 

21 shall be the aggregate amount equal to— 

22 ‘‘(A) the aggregate amount equal to— 

23 ‘‘(i) 130 percent of the Federal poverty 

24 guidelines of the Department of Health and 

25 Human Services for the location and number of 


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1 persons in the household of the covered member 

2 for such year; minus 

3 ‘‘(ii) the gross household income of the 

4 covered member during the preceding year; and 

5 ‘‘(B) divided by 12. 

6 ‘‘(2) The monthly allowance payable to a covered 

7 member for a year shall be payable for each of the 12 

8 months following March of such year. 

9 ‘‘(c) NOTICE OF ELIGIBILITY.—(1)(A) Not later than 

10 December 31 each year, the Director of the Defense Fi11 nance and Accounting Service shall notify, in writing, each 

12 individual whom the Director estimates will be a covered 

13 member during the following year of the potential entitle14 ment of that individual to the allowance described in sub15 section (a) for that following year. 

16 ‘‘(B) The preliminary notice under subparagraph (A) 

17 shall include information regarding financial management 

18 and assistance programs administered by the Secretary of 

19 Defense for which a covered member is eligible. 

20 ‘‘(2) Not later than January 31 each year, each indi21 vidual who seeks to receive the allowance for such year 

22 (whether or not subject to a notice for such year under 

23 paragraph (1)) shall submit to the Director such informa24 tion as the Director shall require for purposes of this secVerDate Sep 11 2014 19:29 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3801.IH H3801

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1 tion in order to determine whether or not such individual 

2 is a covered member for such year. 

3 ‘‘(3) Not later than February 28 each year, the Di4 rector shall notify, in writing, each individual the Director 

5 determines to be a covered member for such year. 

6 ‘‘(d) ELECTION NOT TO RECEIVE ALLOWANCE.—(1) 

7 A covered member otherwise entitled to receive the allow8 ance under subsection (a) for a year may elect, in writing, 

9 not to receive the allowance for such year. Any election 

10 under this subsection shall be effective only for the year 

11 for which made. Any election for a year under this sub12 section is irrevocable. 

13 ‘‘(2) A covered member who does not submit informa14 tion described in subsection (d)(2) for a year as otherwise 

15 required by that subsection shall be deemed to have elect16 ed not to receive the allowance for such year. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘covered member’ means a reg19 ular member of the Army, Navy, Marine Corps, or 

20 Air Force— 

21 ‘‘(A) who has completed initial entry train22 ing; 

23 ‘‘(B) whose gross household income during 

24 the most recent year did not exceed an amount 

25 equal to 130 percent of the Federal poverty 


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1 guidelines of the Department of Health and 

2 Human Services for the location and number of 

3 persons in the household of the covered member 

4 for such year; and 

5 ‘‘(C) who does not elect under subsection 

6 (d) not to receive the allowance for such year. 

7 ‘‘(2) The term ‘gross household income’ of a 

8 covered member for a year for purposes of para9 graph (1)(B) does not include any basic allowance 

10 for housing received by the covered member (and 

11 any dependents of the covered member in the house12 hold of the covered member) during such year under 

13 section 403 of this title. 

14 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

15 prescribe regulations for the administration of this section. 

16 Subject to subsection (e)(2), such regulations shall specify 

17 the income to be included in, and excluded from, the gross 

18 household income of individuals for purposes of this sec19 tion.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 7 of such title is amended by 

22 inserting after the item relating to section 402a the fol23 lowing new item: 

‘‘402b. Basic needs allowance for low-income regular members.’’. 

Æ 


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