SCR137

A Concurrent Resolution urging the U.S. Department of Agriculture to revise the 20 hour weekly work requirement required for student participation in the federal Supplemental Nutrition Assistance Program.

Whereas, The Supplemental Nutrition Assistance Program (SNAP) is a nutritional assistance initiative administered at the state level by the federal U.S. Department of Agriculture (USDA); and

Whereas, SNAP is the nation's largest domestic food and nutrition assistance program for low-income Americans. In order to receive SNAP benefits, a person must qualify based on their income, expenses, and assets. A person with a lower income receives higher benefits up to a specified maximum; and

Whereas, Although SNAP eligibility rules apply to any eligible person, students attending an institution of higher education more than half-time, determined by the institution the student attends, are not eligible for SNAP unless they meet one or more exemptions; and

Whereas, Student exemptions include, but are limited to, the following, the student is: under the age 18 or 50 of age or older; intellectually or developmentally disabled; working at least 20 hours a week in paid employment; participating in certain work study or on the job training programs; or unable to access child care which prevents the student from participating in the workforce or a work study program; and

Whereas, College students experience food insecurity in every state of the country. A report from the U.S. Government Accountability Office found that nearly half of the students who would be eligible for SNAP do not receive the assistance; and

Whereas, The report also found that there are many barriers students face in accessing SNAP benefits, including the program’s complicated eligibility criteria, which leave students unable to figure out if they qualify and prevent them from applying for benefits; and

Whereas, Before the coronavirus disease 2019 (COVID-19) pandemic, nearly 40 percent of students reported being food insecure to some extent. As a result of the pandemic, students who were eligible for SNAP lost that eligibility as they lost their jobs or work hours, preventing them from earn a living wage and to access food for themselves and their families; and

Whereas, The federal “Consolidated Appropriations Act of 2021,” Pub.L.116-206 temporarily expanded SNAP eligibility for certain students; specifically exempting students who are eligible to participate in work study during the regular school year, without the requirement that they actually participate in work study, and those who have an expected family contribution of zero, as reported on a student’s Federal Student Aid Form; and

Whereas, Although the temporary exemptions will be in effect until 30 days after the federal government lifts the official designation of the nationwide COVID-19 public health emergency, and states have the authority to assist students enroll in SNAP through other exemptions; a more permanent solution is necessary to allow students to qualify for SNAP benefits; and

Whereas, Because SNAP was established pursuant to federal law, and because the program is subject to compliance with certain minimum federally-established work requirements and eligibility criteria, the provisions of any State law which approves the change in, and authorizes a waiver of, existing federal student work requirements for SNAP benefits would not be permitted under federal statutes or federal administrative rules; and

Whereas, It is both fitting and appropriate for this House to urge the USDA to approve changes to, and the United States Congress to enact legislation that authorizes state waivers for, the 20 hour weekly student work requirement established by federal law at 7 CFR 273.5(b)(5) in order to expand the eligibility of students attending institutions of higher education to participate in SNAP; now, therefore,

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The Legislature of this State respectfully urges the U.S. Department of Agriculture to approve changes to, and the United States Congress to enact legislation that authorizes state waivers for, the 20 hour weekly student work requirement established by federal law at 7 CFR 273.5(b)(5) in order to expand the eligibility of students attending institutions of higher education to participate in the Supplemental Nutrition Assistance Program.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President and Vice-President of the United States, the Secretary of Agriculture, the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and each member of the United States Congress elected from this State.

STATEMENT

This concurrent resolution respectfully urges the U.S. Department of Agriculture to approve changes to, and the United States Congress to enact legislation that authorizes state waivers for, the 20 hour weekly student work requirement established by federal law at 7 CFR 273.5(b)(5) in order to expand the eligibility of students attending institutions of higher education to participate in the Supplemental Nutrition Assistance Program.