Equal Access to the Right Nutrition for Military Families (EARN) Act of 2021
Bill: H.R.5346 | Sponsor: Rep. Bishop, Sanford D., Jr. (D-GA)
Policy area: Agriculture and Food

Summary:
Equal Access to the Right Nutrition for Military Families (EARN) Act of 2021
This bill facilitates the participation of military households in the Supplemental Nutrition Assistance Program (SNAP) by excluding from income limits the housing allowance provided to members of the Armed Forces and modifying administration and other aspects of the program.

To amend the Food and Nutrition Act of 2008 to provide for the direct 
  certification and enrollment of households of active members of the 
    Armed Forces of the United States in the supplemental nutrition 
              assistance program; 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 ``Equal Access to the Right Nutrition 
for Military Families (EARN) Act of 2021''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Section 605 of the National Defense Authorization Act 
        for Fiscal Year 2016 directed the Secretary of Agriculture to 
        ensure that data on usage of the supplemental nutrition 
        assistance program (commonly known as SNAP) by members of the 
        Armed Forces was shared with the Secretary of Defense.
            (2) The Government Accountability Office found in 2016 that 
        the Department of Defense had no coordination effort underway 
        to access such data.
            (3) The same 2016 Government Accountability Office report 
        recommended that the Department of Defense revise surveys to 
        collect and analyze more complete data on food assistance 
        utilization among service members and coordinate with the 
        Department of Agriculture to leverage its access to data on 
        service members and their families who use their programs 
        services.
            (4) Section 656 of the National Defense Authorization Act 
        for Fiscal Year 2020 directed the Secretary of Defense to 
        submit a report to the Committees on Armed Services of the 
        Senate and the House of Representatives on the extent of food 
        insecurity among members of the Armed Forces and their 
        dependents by May 1, 2020.
            (5) The Conference Report accompanying the National Defense 
        Authorization Act for Fiscal Year 2021 reiterated the 
        importance of the report, extended the deadline for completion 
        to March 31, 2021, and directed the Secretary of Defense to 
        take necessary action to address any food insecurity found to 
        exist among members of the Armed Forces and their dependents.
            (6) The Secretary of Defense has still not submitted the 
        report.
            (7) Testimony presented before the Committee on Rules of 
        the House of Representatives on May 27, 2021, revealed that--
                    (A) 14 percent of active duty service members 
                experience low or very low food security,
                    (B) military families of color struggle with food 
                insecurity at higher rates than their white peers,
                    (C) military spouse unemployment is 7 times higher 
                than the national average,
                    (D) frequent moves associated with military 
                lifestyle place additional burdens on the financial 
                security of military families, and
                    (E) additional costs for childcare, when available, 
                further drain household finances.
            (8) Research conducted by the Department of Agriculture 
        shows a clear linkage between food insecurity and mental health 
        concerns, including anxiety, depression, and suicidal ideation.
            (9) As a result of military service members' facing 
        barriers in accessing supplemental nutrition assistance program 
        benefits, food banks and food pantries operate on or near every 
        military base in the United States, serving food insecure 
        military families.
            (10) The transition from military service to civilian life 
        is often a point of increased hardship, especially for those 
        separating at younger ages and with few job skills that 
        transition easily to the civilian economy.
            (11) Unemployment is a significant problem among Gulf War 
        era II (post 9/11 wars) veterans, particularly those aged 25-
        34.

SEC. 3. INCOME AND ASSETS OF MILITARY FAMILY HOUSEHOLDS.

    (a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 
(7 U.S.C. 2012) is amended--
            (1) in subsection (e) by adding at the end the following:
``In the case of military family households, the Secretary of Defense 
may be the benefit issuer.'',
            (2) by inserting after subsection (g) the following:
    ``(g-1) Dependent.--`Dependent', for purposes of section 5(d)(21), 
has the meaning given such term in section 401 of title 37 of the 
United States Code.'', and
            (3) by inserting after subsection (m) the following:
    ``(m-1) `Military family household' means an active duty member of 
the Armed Forces and all dependents living with such member. Any member 
of the household that is not within the definition of `military family 
household' retains their eligibility for State administered 
supplemental nutrition assistance program.
    ``(m-2) `Military pay', for purposes of section 5(d)(21), means the 
basic pay, basic allowance for subsistence, basic allowance for housing 
(or applicable cash equivalent), overseas housing allowance, bonuses, 
and special and incentive payments of such member, as reported by the 
Department of Defense Integrated Personnel and Pay System.''.
    (b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2014) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1) by striking ``and'' at the 
                end,
                    (B) in paragraph (2) by striking the period at the 
                end and inserting ``; and'', and
                    (C) by adding at the end the following:
            ``(3) in the case of a household that includes a member of 
        the Armed Forces of the United States, the household's income 
        (after the exclusions provided for in subsection (d) but before 
        the deductions provided for in subsection (e)) exceeds the 
        poverty line by more than 100 percent.'',
            (2) in subsection (d)--
                    (A) in paragraph (18) by striking ``and'' at the 
                end,
                    (B) in paragraph (19)(B) by striking the period at 
                the end and inserting ``; and'', and
                    (C) by adding at the end the following:
            ``(20) the basic housing allowance (or applicable cash 
        equivalent) received by household members who are active 
        members of the Armed Forces of the United States.''.
    (c) Military Family Household Eligibility.--Section 5 of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2014) is amended by adding at the 
end the following:
    ``(o) Military Family Household Eligibility.--Notwithstanding any 
other provision of this section, a military family household shall not 
be ineligible for failing to meet the requirements of subsection (g), 
(h), (i), (j), (k), (l), (m), or (n).''.

SEC. 4. ELIGIBILITY DISQUALIFICATIONS OF MILITARY FAMILY HOUSEHOLDS.

    Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is 
amended by adding at the end the following:
    ``(t) Eligibility Disqualifications of Military Family 
Households.--Notwithstanding any other provision of this section, only 
subsections (m), (n), (s), and (q) shall apply with respect to military 
family households.''.

SEC. 5. OUTREACH BY THE SECRETARY OF DEFENSE.

    The Secretary of Defense shall provide outreach to active members 
of the Armed Forces of the United States to inform them that they may 
be eligible to receive the supplemental nutrition assistance program 
benefits as a result of amendments made by this Act.

SEC. 6. ENROLLMENT AND ADMINISTRATION OF SNAP BENEFITS.

     Not later than 30 days after the date of the enactment of this 
Act, the Secretary of Agriculture and the Secretary of Defense shall 
begin to develop a memorandum of understanding and a data sharing 
agreement to be completed not later than 180 days after the date of the 
enactment of this Act that--
            (1) establishes a federally administered supplemental 
        nutrition assistance program benefit for military family 
        households,
            (2) provides for direct certification and enrollment of 
        eligible military family households in the supplemental 
        nutrition assistance program,
            (3) allows the Department of Defense to certify, enroll, 
        and issue supplemental nutrition assistance benefits to 
        eligible military family households,
            (4) establishes an online portal and a call center for 
        military family households to report non-military income and 
        changes to non-military income, access program information, and 
        opt out of benefits, and
            (5) establishes an automatic, temporary six month 
        transitional supplemental nutrition assistance program benefit 
        for military family households of which one or more military 
        servicemembers are honorably discharged.

SEC. 7. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED 
              FORCES AND THEIR DEPENDENTS.

    (a) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary of 
Agriculture acting jointly shall submit a report on food insecurity 
among members of the Armed Forces and their dependents in addition to 
the report required by Section 656 of Public Law 116-92 to the 
following:
            (1) The Committee on Armed Services of the Senate.
            (2) The Committee on Armed Services of the House of 
        Representatives.
            (3) The Committee on Agriculture, Nutrition, and Forestry 
        of the Senate.
            (4) The Committee on Agriculture of the House of 
        Representatives.
            (5) Of the Committee on Appropriations of the Senate--
                    (A) the Subcommittee on Agriculture, Rural 
                Development, Food, and Drug Administration, and Related 
                Agencies,
                    (B) the Subcommittee on Military Construction, 
                Veterans Affairs, and Related Agencies, and
                    (C) the Subcommittee on Defense.
            (6) Of the Committee on Appropriations of the House of 
        Representatives--
                    (A) the Subcommittee on Agriculture, Rural 
                Development, Food, and Drug Administration, and Related 
                Agencies,
                    (B) the Subcommittee on Military Construction, 
                Veterans Affairs, and Related Agencies, and
                    (C) the Subcommittee on Defense.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) Data collection and analysis of the current extent of 
        food insecurity among members of the Armed Forces and their 
        dependents using the USDA Six-Item Short Form Food Security 
        Scale.
            (2) The impact of the amendments made by this Act on the 
        supplemental nutrition assistance program enrollment of 
        military family households.
            (3) The incidence and analysis of underpayments and 
        overpayments with respect to the benefits established in 
        paragraphs (1) and (5) of section 6.
            (4) Any other recommendations for policies, programs, and 
        activities to address food insecurity among members of the 
        Armed Forces and their dependents that the Secretaries consider 
        appropriate.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION.

    There are authorized to be appropriated such sums as may be 
necessary for fiscal years 2022 through 2026 for administrative 
operations and activities to carry out the amendments made by this Act.
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