EATS Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1488 To amend the Food and Nutrition Act of 2008 to remove certain eligibility disqualifications that restrict otherwise eligible students from partici- pating in the supplemental nutrition assistance program, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 9, 2023 Mrs. GILLIBRAND (for herself, Mr. BOOKER, Mr. WELCH, Mr. WHITEHOUSE, Mr. VAN HOLLEN, Mr. SANDERS, Mr. BLUMENTHAL, Mr. PADILLA, Mr. CASEY, Mr. WYDEN, Mr. FETTERMAN, Ms. HIRONO, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to remove certain eligibility disqualifications that restrict otherwise eligible students from participating in the supplemental nutrition assistance program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Enhance Access To 4 SNAP Act of 2023’’ or the ‘‘EATS Act of 2023’’. 5 VerDate Sep 11 2014 23:02 May 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1488 IS SEC. 2. STUDENT ELIGIBILITY UNDER SUPPLEMENTAL NU- 1 TRITION ASSISTANCE PROGRAM. 2 (a) DEFINITION OF HOUSEHOLD.—Section 3(m)(5) 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 4 2012(m)(5)) is amended by adding at the end the fol- 5 lowing: 6 ‘‘(F) Individuals who are bona fide stu- 7 dents enrolled at least half time in any recog- 8 nized school, training program, or institution of 9 higher education.’’. 10 (b) CONDITIONS OF PARTICIPATION.—Section 6 of 11 the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is 12 amended— 13 (1) in subsection (d)(2)(C), by striking ‘‘(except 14 that any such person enrolled in an institution of 15 higher education shall be ineligible to participate in 16 the supplemental nutrition assistance program un- 17 less he or she meets the requirements of subsection 18 (e) of this section)’’; 19 (2) by striking subsection (e); and 20 (3) by redesignating subsections (f) through (s) 21 as subsections (e) through (r), respectively. 22 (c) CONFORMING AMENDMENTS.— 23 (1) Section 5 of the Food and Nutrition Act of 24 2008 (7 U.S.C. 2014) is amended— 25 VerDate Sep 11 2014 23:02 May 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1488 IS (A) in subsection (a), in the second sen- 1 tence, by striking ‘‘(g), and (r)’’ and inserting 2 ‘‘(f), and (q)’’; and 3 (B) in subsection (i)(1), in the first sen- 4 tence, by striking ‘‘section 6(f)(2)(B) of this 5 Act’’ and inserting ‘‘section 6(e)(2)(B)’’. 6 (2) Section 6 of the Food and Nutrition Act of 7 2008 (7 U.S.C. 2015) is amended— 8 (A) in subsection (d)(4)— 9 (i) in subparagraph 10 (B)(ii)(I)(bb)(DD), by striking ‘‘subsection 11 (o)’’ and inserting ‘‘subsection (n)’’; and 12 (ii) in subparagraph (N), by striking 13 ‘‘subsection (o)’’ each place it appears and 14 inserting ‘‘subsection (n)’’; and 15 (B) in paragraph (1)(B) of subsection (q) 16 (as so redesignated), by striking ‘‘subsection 17 (k)’’ and inserting ‘‘subsection (j)’’. 18 (3) Section 7(i)(1) of the Food and Nutrition 19 Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by 20 striking ‘‘section 6(o)(2)’’ and inserting ‘‘section 21 6(n)(2)’’. 22 (4) Section 11 of the Food and Nutrition Act 23 of 2008 (7 U.S.C. 2020) is amended— 24 (A) in subsection (e)— 25 VerDate Sep 11 2014 23:02 May 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1488 IS (i) in paragraph (2)(B)(v)(II), by 1 striking ‘‘section 6(f)’’ and inserting ‘‘sec- 2 tion 6(e)’’; and 3 (ii) in paragraph (22), by striking 4 ‘‘section 6(i)’’ and inserting ‘‘section 6(h)’’; 5 and 6 (B) in subsection (n), by striking ‘‘section 7 6(g)’’ and inserting ‘‘section 6(f)’’. 8 (5) Section 16(h) of the Food and Nutrition 9 Act of 2008 (7 U.S.C. 2025(h)) is amended— 10 (A) in paragraph (1)— 11 (i) in subparagraph (B)(ii), by strik- 12 ing ‘‘section 6(o)’’ and inserting ‘‘section 13 6(n)’’; 14 (ii) in subparagraph (E)— 15 (I) by striking ‘‘section 6(o)(3)’’ 16 each place it appears and inserting 17 ‘‘section 6(n)(3)’’; 18 (II) by striking ‘‘section 6(o)(2)’’ 19 each place it appears and inserting 20 ‘‘section 6(n)(2)’’; and 21 (III) in clause (ii)— 22 (aa) in subclause (III), by 23 striking ‘‘section 6(o)(4)’’ and in- 24 serting ‘‘section 6(n)(4)’’; and 25 VerDate Sep 11 2014 23:02 May 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1488 IS (bb) in subclause (IV), by 1 striking ‘‘section 6(o)(6)’’ and in- 2 serting ‘‘section 6(n)(6)’’; and 3 (iii) in subparagraph 4 (F)(ii)(III)(ee)(AA), by striking ‘‘section 5 6(o)’’ and inserting ‘‘section 6(n)’’; and 6 (B) in paragraph (5)(C)(iv)(I), by striking 7 ‘‘section 6(o)(2)’’ and inserting ‘‘section 8 6(n)(2)’’. 9 (6) Section 17(m) of the Food and Nutrition 10 Act of 2008 (7 U.S.C. 2026(m)) is amended— 11 (A) by striking ‘‘(l) through (n)’’ each 12 place it appears and inserting ‘‘(k) through 13 (m)’’; and 14 (B) in paragraph (2)(E), by striking ‘‘sec- 15 tion 6(l)(2)’’ and inserting ‘‘section 6(k)(2)’’. 16 (7) Section 103(a)(2)(D) of the Workforce In- 17 novation and Opportunity Act (29 U.S.C. 18 3113(a)(2)(D)) is amended by striking ‘‘6(o) of the 19 Food and Nutrition Act of 2008 (7 U.S.C. 20 2015(o))’’ and inserting ‘‘6(n) of the Food and Nu- 21 trition Act of 2008 (7 U.S.C. 2015(n))’’. 22 (8) Section 121(b)(2)(B)(iv) of the Workforce 23 Innovation and Opportunity Act (29 U.S.C. 24 3151(b)(2)(B)(iv)) is amended by striking ‘‘6(o) of 25 VerDate Sep 11 2014 23:02 May 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1488 IS the Food and Nutrition Act of 2008 (7 U.S.C. 1 2015(o))’’ and inserting ‘‘6(n) of the Food and Nu- 2 trition Act of 2008 (7 U.S.C. 2015(n))’’. 3 (9) Section 454 of the Social Security Act (42 4 U.S.C. 654) is amended— 5 (A) in paragraph (4)(A)(i)(IV), by striking 6 ‘‘6(l)(1) of the Food and Nutrition Act of 2008 7 (7 U.S.C. 2015(l)(1))’’ and inserting ‘‘6(k)(1) 8 of the Food and Nutrition Act of 2008 (7 9 U.S.C. 2015(k)(1))’’; 10 (B) in paragraph (6)(B)(i), by striking 11 ‘‘subsection (l) or (m) of section 6 of the Food 12 and Nutrition Act of 2008’’ and inserting ‘‘sub- 13 section (k) or (l) of section 6 of the Food and 14 Nutrition Act of 2008 (7 U.S.C. 2015)’’; and 15 (C) in paragraph (29)(A)— 16 (i) by striking ‘‘section 3(h) of the 17 Food and Nutrition Act of 2008 (7 U.S.C. 18 2012(h))’’ each place it appears and in- 19 serting ‘‘section 3 of the Food and Nutri- 20 tion Act of 2008 (7 U.S.C. 2012)’’; and 21 (ii) in clause (ii), by striking ‘‘section 22 6(l)(2) of the Food and Nutrition Act of 23 2008 (7 U.S.C. 2015(l)(2))’’ and inserting 24 VerDate Sep 11 2014 23:02 May 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1488 IS ‘‘section 6(k)(2) of that Act (7 U.S.C. 1 2015(k)(2))’’. 2 SEC. 3. EFFECTIVE DATE. 3 This Act and the amendments made by this Act shall 4 take effect on January 2, 2024. 5 Æ VerDate Sep 11 2014 23:02 May 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42PROD with BILLS