Anti-Hunger Pandemic Recovery Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3453 To provide community-based nonprofit feeding and anti-hunger groups with funding to partner with small and mid-sized restaurants to expand meal access and delivery for low-income and vulnerable populations during, and through 1 year following the end of, a pandemic or public health emergency. IN THE HOUSE OF REPRESENTATIVES MAY 20, 2021 Ms. VELA´ZQUEZ (for herself, Mr. THOMPSON of Mississippi, Ms. BARRAGA´N, Ms. SCANLON, Mr. GARCI´A of Illinois, Mr. CASE, and Mr. LOWENTHAL) introduced the following bill; which was referred to the Committee on Ag- riculture A BILL To provide community-based nonprofit feeding and anti-hun- ger groups with funding to partner with small and mid- sized restaurants to expand meal access and delivery for low-income and vulnerable populations during, and through 1 year following the end of, a pandemic or public health emergency. 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 ‘‘Anti-Hunger Pandemic 4 Recovery Act of 2021’’. 5 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3453 IH SEC. 2. DEFINITIONS. 1 (1) VULNERABLE POPULATION.—The term 2 ‘‘vulnerable population’’ means any person who is a 3 member of the target population, is a low income in- 4 dividual, or receives a means-tested benefit as de- 5 fined under this Act. 6 (2) GRAB-AND-GO MEAL.—The term ‘‘grab-and- 7 go meals’’ refers to pre-packaged, ready to eat food 8 that has been prepared and cooked no greater than 9 8 hours prior to being sealed or enclosed in a con- 10 tainer. 11 (3) TARGET POPULATION.—The term ‘‘target 12 population’’ includes an individual who (or family 13 that)— 14 (A) earns an income below 200 percent of 15 the Federal poverty line; 16 (B) suffers from food insecurity; 17 (C) is homeless; 18 (D) receives (or recently received) assist- 19 ance under a State program funded under part 20 A of title IV of the Social Security Act (42 21 U.S.C. et seq.), relating to temporary assistance 22 to needy families; or 23 (E) is eligible for benefits under any nutri- 24 tion assistance or anti-poverty program. 25 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3453 IH (4) COMMUNITY-BASED NONPROFIT FEEDING 1 AND ANTI-HUNGER GROUP.—The term ‘‘community- 2 based nonprofit feeding and anti-hunger group’’ 3 means an anti-hunger organization, food bank, food 4 pantry, soup kitchen, food rescue group, or commu- 5 nity food security organization that is described in 6 section 501(c)(3) of the Internal Revenue Code of 7 1986 and exempt from tax under section 501(a) of 8 such Code. 9 (5) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Agriculture. 11 (6) LOW-INCOME INDIVIDUAL.—The term ‘‘low- 12 income individual’’ means, with respect to any cal- 13 endar year, any individual who lives in a household 14 that has a gross income that does not exceed 300 15 percent of the poverty line, as defined in section 16 673(2) of the Community Services Block Grant Act 17 (42 U.S.C. 9902(2)). 18 (7) HOMELESS.—The term ‘‘homeless’’ has the 19 meaning given such term in subtitle B of title VII 20 of the McKinney-Vento Act and the Housing and 21 Urban Development (HUD) definition in section 103 22 of subtitle I of the McKinney-Vento Act. 23 (8) CRISIS HOUSING.—The term ‘‘crisis hous- 24 ing’’ means a supervised publicly or privately oper- 25 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3453 IH ated shelter designated to provide temporary living 1 arrangements (including hotels and motels paid for 2 by Federal, State, or local government programs for 3 low-income individuals or by charitable organiza- 4 tions, congregate shelters, and transitional housing). 5 (9) MEANS-TESTED BENEFIT.—The term 6 ‘‘means-tested benefit’’ means a mandatory spending 7 program of the Federal Government for which, as 8 determined by the Secretary, eligibility for the pro- 9 gram’s benefits, or the amount of such benefits, is 10 determined on the basis of income or resources of 11 the individual or family seeking the benefit. 12 (10) DEPENDENT.—The term ‘‘dependent’’ has 13 the meaning given such term in section 152 of the 14 Internal Revenue Code of 1986, except that the term 15 also includes an individual who is not a citizen or 16 national of the United States if such individual 17 would otherwise be considered a dependent pursuant 18 to such section if such individual were a citizen or 19 national of the United States. 20 (11) DISASTER DECLARATION.—The term ‘‘dis- 21 aster declaration’’ means— 22 (A) an emergency involving Federal pri- 23 mary responsibility determined to exist by the 24 President under section 501(b) of the Robert T. 25 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3453 IH Stafford Disaster Relief and Emergency Assist- 1 ance Act (42 U.S.C. 5191(b)); 2 (B) a national emergency declared by the 3 President under the National Emergencies Act 4 (50 U.S.C. 1601 et seq.); 5 (C) an emergency declared by a Federal 6 official with respect to coronavirus (as defined 7 in section 506 of the Coronavirus Preparedness 8 and Response Supplemental Appropriations 9 Act, 2020 (Public Law 116–123)); 10 (D) a public health emergency declared by 11 the Secretary of Health and Human Services 12 pursuant to section 319 of the Public Health 13 Service Act (42 U.S.C. 247(d)) with respect to 14 COVID–19 or any other coronavirus with pan- 15 demic potential; or 16 (E) the instance a Governor requests a 17 major disaster declaration under the Robert T. 18 Stafford Disaster Relief and Emergency Assist- 19 ance Act (42 U.S.C. 5121 et seq.). 20 (12) TEMPORARY COMMUNITY NEED.—The 21 term ‘‘temporary community need’’ means prepared 22 meals during the time period under which a disaster 23 declaration is provided. Such community need shall 24 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3453 IH terminate 3 years after the termination of such dec- 1 laration. 2 (13) PANDEMIC.—The term ‘‘pandemic’’ means 3 a communicable disease for which the Federal Gov- 4 ernment has issued a travel alert or travel warning. 5 SEC. 3. ANTI-HUNGER PANDEMIC RECOVERY FUND. 6 (a) APPLICATION.—To be eligible to receive a grant 7 to address temporary community needs under this section, 8 a community-based nonprofit feeding and anti-hunger 9 group shall submit to the Secretary an application that 10 contains a description of how the applicant proposes to 11 use the grant funds to implement the components of the 12 temporary grant program listed in subsection (b). The ap- 13 plication shall be submitted in such form, at such time, 14 and containing such other information as the Secretary 15 may require. 16 (b) ANTI-HUNGER PANDEMIC RECOVERY GRANT 17 PROGRAM COMPONENTS.—An application for a grant 18 under this section shall contain an assurance that the ap- 19 plicant will expand the capacity of community-based non- 20 profit feeding and anti-hunger groups and schools to meet 21 the needs of children, families, and vulnerable populations 22 in a pandemic by— 23 (1) contracting with small and mid-sized busi- 24 ness restaurants or small and mid-sized food con- 25 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3453 IH tractors that are small business concerns as defined 1 in section 3 of the Small Business Act (15 U.S.C. 2 632) for— 3 (A) preparing, cooking, and storing grab- 4 and-go meals; 5 (B) serving meals to vulnerable popu- 6 lations or make them available for pick up, or 7 distributed in high poverty areas designated by 8 State and local agencies; 9 (C) bolstering food security for children, 10 dependents, families, and the elderly in rural 11 and hard to reach communities; 12 (D) bolstering food security for depend- 13 ents, target populations, and families in crisis 14 housing; and 15 (E) improving the nutrition of vulnerable 16 populations. 17 (c) CRITERIA.—In evaluating an application of a 18 community-based nonprofit feeding and anti-hunger group 19 to receive a grant, the Secretary shall consider criteria as 20 the Secretary determines appropriate. 21 (d) GRANT ADMINISTRATION.— 22 (1) AMOUNT.—A grant awarded under this sec- 23 tion may not exceed $500,000. 24 (2) RENEWALS.— 25 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3453 IH (A) IN GENERAL.—The Secretary may 1 renew a grant awarded under this section with 2 respect to an eligible entity if the entity— 3 (i) submits to the Secretary an appli- 4 cation for renewal at such time, in such 5 manner, and containing such information 6 as the Secretary may require; and 7 (ii) demonstrates in such application 8 that— 9 (I) grant, contract, or cooperative 10 agreement funds made available to the 11 entity were used in a manner required 12 under the most recently approved ap- 13 plication of the entity under this sec- 14 tion; and 15 (II) the entity has made progress 16 in achieving the objectives of the ini- 17 tial application approved for the entity 18 under this section. 19 (B) DURATION.—A grant shall be eligible 20 for renewal so long as a disaster declaration is 21 active on the date of the renewal application. 22 (e) SUPPLEMENT, NOT SUPPLANT, REQUIRE- 23 MENT.—A grant, contract, or cooperative agreement made 24 under this Act shall be expended to supplement, and not 25 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3453 IH supplant, the expenditures of the eligible entity involved 1 and the value of in-kind contributions. 2 (f) ADMINISTRATION OF GRANTS.—Grants made 3 under this section shall be administered through the Na- 4 tional Institute of Food and Agriculture. 5 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 6 (a) IN GENERAL.—There is authorized to be appro- 7 priated to carry out this section ‘‘$2,000,000,000 for fiscal 8 year 2022. 9 (b) AVAILABILITY.—Funds appropriated under sub- 10 section (a) shall remain available until expended. 11 SEC. 5. RULE OF CONSTRUCTION. 12 Nothing in this Act shall be construed to limit a com- 13 munity-based nonprofit feeding and anti-hunger group 14 from receiving a grant under this Act for any vulnerable 15 population otherwise served by such group with other Fed- 16 eral funds. 17 SEC. 6. REPORTING REQUIREMENTS. 18 (a) BEST PRACTICES.—Not later than 180 days after 19 the date of the enactment of this Act, the Secretary shall 20 develop and publish a report on the best practices for com- 21 munity-based nonprofit feeding and anti-hunger groups to 22 do business with the Department of Agriculture, including 23 how to register with the Federal system of award manage- 24 ment (SAM), how to obtain and validate a Federal Data 25 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3453 IH Universal Number System (DUNS), and how to apply for 1 a grant under section 3. Such report shall be available 2 for public review and inspection on the public websites of 3 the Department of Agriculture. 4 (b) GRANTEES.—Not later than 3 years after the 5 date of the enactment of this Act, an eligible entity that 6 receives a grant under this Act shall submit to the Sec- 7 retary a report that contains an evaluation of the results 8 of the activities, including financial expenditures, made 9 during such fiscal year to carry out the program for which 10 such grant is received and any other data the Secretary 11 determines to be necessary for an evaluation of the bene- 12 fits of the grants awarded under this Act. 13 (c) ANNUAL REPORTS TO CONGRESS.—Not later 14 than 4 years after the date of the enactment of this Act, 15 the Secretary shall submit to the Committee on Agri- 16 culture of the House of Representatives a report describ- 17 ing— 18 (1) each grant application received under this 19 Act; 20 (2) any grants awarded under this Act, includ- 21 ing— 22 (A) the name and location of the eligible 23 entity; 24 (B) the total amount of the grant; 25 VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3453 IH (C) the date on which the grant was 1 awarded; and 2 (D) information from reports received 3 under subsection (b); and 4 (3) any other data the Secretary determines to 5 be necessary for an evaluation of benefits of the 6 grants awarded under this Act. 7 Æ VerDate Sep 11 2014 03:37 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3453.IH H3453 pbinns on DSKJLVW7X2PROD with BILLS