[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3736 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3736

 To increase access to food delivery under the supplemental nutrition 
  assistance program to address the Coronavirus Disease 2019, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2020

  Mr. Casey (for himself, Ms. Baldwin, and Ms. Smith) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To increase access to food delivery under the supplemental nutrition 
  assistance program to address the Coronavirus Disease 2019, 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 ``Increasing Access to SNAP Delivery 
During COVID-19 Act of 2020''.

SEC. 2. FOOD DELIVERY UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

    (a) Definitions.--In this section:
            (1) Employee.--The term ``employee'' has the meaning given 
        the term in section 3 of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 203).
            (2) Program.--The term ``program'' means the supplemental 
        nutrition assistance program established under the Food and 
        Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Program Modifications.--
            (1) In general.--In carrying out the program, the Secretary 
        shall--
                    (A) notify authorized program retailers of existing 
                opportunities through which retailers can deliver food 
                to program participants, including by--
                            (i) allowing an EBT card (as defined in 
                        section 3 of the Food and Nutrition Act of 2008 
                        (7 U.S.C. 2012)) to be swiped on delivery of 
                        food to the home (with a mobile device); and
                            (ii) preparing food for pick-up;
                    (B) authorize public-private partnerships between 
                the Department of Agriculture, authorized program 
                retailers, and community-based organizations to support 
                food delivery, including through the use of private 
                funds;
                    (C) in the case of an authorized program retailer 
                that is unable to cover the cost of food delivery for 
                program participants, use funds made available under 
                paragraph (3)(B) to support food delivery for program 
                participants who are seniors, immunocompromised 
                individuals, or other individuals who are unable to 
                travel safely to an authorized program retailer, in 
                accordance with paragraph (3)(A); and
                    (D) require each State to submit to the Secretary a 
                State plan that describes how the State will--
                            (i) work with authorized program retailers 
                        and other community-based partners to establish 
                        a process for food delivery for program 
                        participants;
                            (ii) administer the reimbursements 
                        described in paragraph (3)(A)(i), including 
                        timing, eligibility, and distribution 
                        processes; and
                            (iii) ensure that authorized program 
                        retailers that are reimbursed for delivery 
                        costs under paragraph (3)(A)(i) adhere to the 
                        requirements described in paragraph (3)(A)(ii).
            (2) State plans.--Not later than 10 days after the date on 
        which the Secretary receives a State plan under paragraph 
        (1)(D), the Secretary shall--
                    (A) approve or deny the State plan; and
                    (B) make publicly available on the website of the 
                Department of Agriculture--
                            (i) the State plan;
                            (ii) the determination made under 
                        subparagraph (A) with respect to that plan; and
                            (iii) any guidance issued to the State with 
                        respect to that plan.
            (3) Food delivery.--
                    (A) Reimbursement of retailers.--
                            (i) In general.--Notwithstanding any other 
                        provision of law, a State agency shall 
                        reimburse an authorized program retailer 
                        described in paragraph (1)(C) for the cost of 
                        food delivery to program participants described 
                        in that paragraph if--
                                    (I) the authorized program retailer 
                                is eligible for reimbursement under 
                                clause (ii); and
                                    (II) the majority of the food items 
                                delivered by the retailer are eligible 
                                for redemption using benefits under the 
                                program.
                            (ii) Eligibility.--An authorized program 
                        retailer described in paragraph (1)(C) is 
                        eligible for reimbursement for the cost of food 
                        delivery to program participants described in 
                        that paragraph if--
                                    (I) that food delivery is performed 
                                by employees of the retailer or 
                                employees of an entity contracted by 
                                the retailer to perform deliveries;
                                    (II) before any employee described 
                                in subclause (I) begins making that 
                                food delivery, that employee receives 
                                employer-provided health and safety 
                                training that reflects the most recent 
                                guidelines of the Centers for Disease 
                                Control and Prevention and the 
                                Occupational Safety and Health 
                                Administration relating to worker 
                                safety and health during the 
                                Coronavirus Disease 2019 (COVID-19) 
                                pandemic;
                                    (III) the retailer remains neutral 
                                in any union organizing effort that 
                                occurs during the period in which 
                                deliveries described in paragraph 
                                (1)(C) are made; and
                                    (IV) all employees described in 
                                subclause (I) performing deliveries are 
                                paid at a rate that is not less than 
                                the greater of--
                                            (aa) the minimum wage rate 
                                        established under section 
                                        6(a)(1) of the Fair Labor 
                                        Standards Act of 1938 (29 
                                        U.S.C. 206(a)(1)); and
                                            (bb) the minimum wage rate 
                                        established by the applicable 
                                        State or locality in which the 
                                        employee works.
                            (iii) Covered costs.--
                                    (I) In general.--Reimbursable costs 
                                under clause (i) include costs 
                                associated with--
                                            (aa) purchasing point-of-
                                        sale devices or receiving 
                                        technical assistance relating 
                                        to point-of-sale devices; and
                                            (bb) purchasing or 
                                        reimbursing employees for 
                                        personal protective equipment 
                                        used during food delivery.
                                    (II) PPE costs.--An authorized 
                                program retailer shall use not more 
                                than 10 percent of amounts received 
                                under clause (i) to pay for the costs 
                                described in subclause (I)(bb).
                            (iv) Maximum reimbursement per delivery.--
                        The maximum amount of reimbursement under 
                        clause (i) for a food delivery fee shall be $10 
                        per delivery.
                    (B) Funding.--
                            (i) In general.--There is appropriated to 
                        the Secretary, out of funds of the Treasury not 
                        otherwise appropriated, $500,000,000 to cover 
                        the cost of food delivery described in 
                        paragraph (1)(C), to be distributed among the 
                        States to fund reimbursements by States under 
                        subparagraph (A)(i).
                            (ii) Emergency requirement.--The amount 
                        made available under clause (i) is designated 
                        by the Congress as being for an emergency 
                        requirement pursuant to section 251(b)(2)(A)(i) 
                        of the Balanced Budget and Emergency Deficit 
                        Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
                            (iii) Authorization of appropriations.--In 
                        addition to the amount appropriated under 
                        clause (i), there are authorized to be 
                        appropriated to the Secretary such sums as are 
                        necessary to cover the cost of food delivery 
                        under paragraph (1)(C).
            (4) Termination of authority.--
                    (A) In general.--The authority of the Secretary to 
                carry out paragraphs (1) through (3) with respect to 
                each State shall terminate on the later of--
                            (i) the date on which the national 
                        emergency declared by the President under the 
                        National Emergencies Act (50 U.S.C. 1601 et 
                        seq.) with respect to the Coronavirus Disease 
                        2019 (COVID-19) is terminated; and
                            (ii) the date on which the State emergency 
                        declared in that State with respect to the 
                        Coronavirus Disease 2019 (COVID-19) is 
                        terminated.
                    (B) Return of funds.--The Secretary shall return to 
                the Treasury any funds appropriated under paragraph 
                (3)(B)(i) that have not been used or obligated by the 
                date described in subparagraph (A).
            (5) Report.--Not later than 3 months after the date on 
        which the authority of the Secretary is terminated under 
        paragraph (4), the Secretary shall submit to the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate and the 
        Committee on Agriculture of the House of Representatives a 
        report that describes--
                    (A) the use of that authority to address food 
                security needs of affected populations during the 
                national emergency described in subparagraph (A)(i) of 
                that paragraph;
                    (B) the authorized program retailers that were 
                reimbursed under paragraph (3)(A);
                    (C) any complications or difficulties experienced 
                by States in administering reimbursements under 
                paragraph (3)(A); and
                    (D) recommendations for changes to the authority of 
                the Secretary under the Food and Nutrition Act of 2008 
                (7 U.S.C. 2011 et seq.) to assist the Secretary, 
                States, and units of local government to prepare plans 
                for food delivery to program recipients in future 
                health emergencies.
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