Sec. 601. BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE SERVICE IN THE ARMED FORCES
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## SEC. 601 BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE SERVICE IN THE ARMED FORCES ###
(a)In General Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section: > > ## “SEC. 402b Basic needs allowance for members on active service in the Armed Forces > > **[**[37 U.S.C. 402b](/us/usc/t37/s402b)**]** > > > ### “(a) Allowance Required > > The Secretary concerned shall pay to each member who is eligible under subsection
(b)a basic needs allowance in the amount determined for such member under subsection (c). > > > ### “(b) Eligible Members > > A member on active service in the armed forces is eligible for the allowance under subsection
(a)if— > > > #### “(1) > > the member has completed initial entry training; > > > #### “(2) > > the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and > > > #### “(3) > > the member— > > > ##### “(A) > > is not ineligible for the allowance under subsection (d); and > > > ##### “(B) > > does not elect under subsection
(g)not to receive the allowance. > > > ### “(c) Amount of Allowance > > The amount of the monthly allowance payable to a member under subsection
(a)shall be the amount equal to— > > > #### “(1) > > > #####
(A)> > 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus > > > ##### “(B) > > the gross household income of the member during the preceding calendar year; divided by > > > #### “(2) > > 12. > > > ### “(d) Bases of Ineligibility > > > #### “(1) In general > > The following members are ineligible for the allowance under subsection (a): > > > ##### “(A) > > A member who does not have any dependents. > > > ##### “(B) > > A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. > > > #### “(2) Household with more than one eligible member > > In the event a household contains two or more members determined under subsection
(f)to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. > > > #### “(3) Automatic ineligibility of members receiving certain pay increases > > A member determined to be eligible under subsection
(f)for the allowance under subsection
(a)whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). > > > #### “(4) Ineligibility of certain changes in income > > A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection
(a)solely as a result of the fine, forfeiture, or reduction in rank. > > > ### “(e) Application by Members Seeking Allowance > > > #### “(1) In general > > A member who seeks to receive the allowance under subsection
(a)shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. > > > #### “(2) Timing of submission > > A member who receives the allowance under subsection
(a)and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph
(1)at such times as the Secretary may require, but not less frequently than annually. > > > #### “(3) Voluntary submission > > The submission of an application under paragraph
(1)is voluntary. > > > #### “(4) Screening of members for eligibility > > The Secretary of Defense shall— > > > ##### “(A) > > ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and > > > ##### “(B) > > notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). > > > ### “(f) Determinations of Eligibility > > > #### “(1) In general > > The Secretary concerned shall— > > > ##### “(A) > > determine which members of the armed forces are eligible under subsection (b); and > > > ##### “(B) > > notify each such member, in writing, of that determination. > > > #### “(2) Information included in notice > > The notice under paragraph
(1)shall include information regarding financial management and assistance programs for which the member may be eligible. > > > ### “(g) Election Not to Receive Allowance > > > #### “(1) In general > > A member determined under subsection
(f)to be eligible for the allowance under subsection
(a)may elect, in writing, not to receive the allowance. > > > #### “(2) Deemed ineligible > > A member who does not submit an application under subsection
(e)within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). > > > ### “(h) Special Rule for Members Stationed Outside United States > > In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. > > > ### “(i) Regulations > > Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. > > > ### “(j) Effective Period > > > #### “(1) Implementation period > > The allowance under subsection
(a)is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. > > > #### “(2) Termination > > The allowance under subsection
(a)may not be paid for any month beginning after December 31, 2027. > > > ### “(k) Definitions > > In this section: > > > #### “(1) Gross household income > > The term ‘gross household income’, with respect to a member of the armed forces, includes— > > > ##### “(A) > > all household income, derived from any source; minus > > > ##### “(B) > > in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. > > > #### “(2) Household > > The term ‘household’ means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.” > . ###
(b)Study ####
(1)In general The Secretary of Defense shall conduct a study on food insecurity in the Armed Forces. Results of such study shall include the following elements: #####
(A)An analysis of food deserts that affect members of the Armed Forces, and their families, who live in areas with high costs of living. #####
(B)A comparison of— ######
(i)the current method employed by the Secretary of Defense to determine areas with high costs of living; ######
(ii)local level indicators used by the Bureau of Labor Statistics that indicate buying power and consumer spending in specific geographic areas; ######
(iii)indicators used by the Department of Agriculture in market basket analyses and other measures of local and regional food costs. #####
(C)The feasibility of implementing a web portal for a member of any Armed Force to apply for the allowance under section 402b of title 37, United States Code, added by subsection (a), including— ######
(i)cost; ######
(ii)ease of use; ######
(iii)access; ######
(iv)privacy; and ######
(v)any other factor the Secretary determines appropriate. #####
(D)The development of a process to determine an appropriate allowance to supplement the income of members who suffer food insecurity. #####
(E)Outcomes of forums with beneficiaries, military service organizations, and advocacy groups to elicit information regarding the effects of food insecurity on members and their dependents. The Secretary of Defense and each Secretary of a military department shall conduct at least one such forum, only one of which may be conducted in the National Capital Region. #####
(F)An estimate of costs to implement each recommendation of the Secretary developed pursuant to this paragraph. #####
(G)Any other information the Secretary determines appropriate. ####
(2)Briefing Not later than April 1, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on initial findings of the study. ####
(3)Report Not later than October 1, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of the study. ####
(4)Definitions In this subsection: #####
(A)The term “food desert” means an area, determined by the Secretary of Defense, where it is difficult to obtain affordable or high-quality fresh food. #####
(B)The term “National Capital Region” has the meaning given such term in section 2674 of title 10, United States Code. ###
(c)Reports on Effects of Allowance on Food Insecurity Not later than December 31, 2025, and June 1, 2028, the Secretary of Defense shall submit to the congressional defense committees a report regarding the effect of the allowance under section 402b of title 37, United States Code, added by subsection (a), on food insecurity among members of the Armed Forces. ###
(d)Clerical Amendment **[**[37 U.S.C. 401](/us/usc/t37/s401)**]** The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item:" “402b. Basic needs allowance for members on active service in the Armed Forces.” ".
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Sec. 601
BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE SERVICE IN THE ARMED FORCES
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