Food Assistance for Kids and Families During COVID-19 Act of 2020

II 116TH CONGRESS 2D SESSION S. 3563 To modify nutrition programs to address the Coronavirus Disease 2019, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 22, 2020 Mr. CASEY introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To modify nutrition programs to address the Coronavirus Disease 2019, 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 ‘‘Food Assistance for 4 Kids and Families During COVID-19 Act of 2020’’. 5 SEC. 2. SUPPLEMENTAL NUTRITION ASSISTANCE PRO- 6 GRAM. 7 (a) DEFINITIONS.—In this section: 8 (1) PROGRAM.—The term ‘‘program’’ means 9 the supplemental nutrition assistance program es- 10 VerDate Sep 11 2014 00:23 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.IS S3563 2 •S 3563 IS tablished under the Food and Nutrition Act of 2008 1 (7 U.S.C. 2011 et seq.). 2 (2) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Agriculture. 4 (b) PROGRAM MODIFICATIONS.— 5 (1) IN GENERAL.—In carrying out the program, 6 the Secretary shall— 7 (A) notify authorized program retailers of 8 existing opportunities through which retailers 9 can deliver groceries to program participants, 10 including by— 11 (i) allowing an EBT card (as defined 12 in section 3 of the Food and Nutrition Act 13 of 2008 (7 U.S.C. 2012)) to be swiped on 14 delivery of groceries to the home (with a 15 mobile device); and 16 (ii) preparing groceries for pick-up; 17 (B) authorize public-private partnerships 18 between the Department of Agriculture, author- 19 ized program retailers, and community-based 20 organizations to support grocery delivery, in- 21 cluding through the use of private funds; and 22 (C) in the case of an authorized program 23 retailer or a grocer that is unable to cover the 24 cost of grocery delivery for program partici- 25 VerDate Sep 11 2014 00:23 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.IS S3563 3 •S 3563 IS pants, use funds made available under para- 1 graph (2) to support grocery delivery for pro- 2 gram participants who are seniors, immunocom- 3 promised individuals, or other individuals who 4 are unable to travel safely to a grocery store. 5 (2) FUNDING FOR DELIVERY.— 6 (A) IN GENERAL.—There is appropriated 7 to the Secretary, out of funds of the Treasury 8 not otherwise appropriated, $500,000,000 to 9 cover the cost of grocery delivery under para- 10 graph (1)(C). 11 (B) EMERGENCY REQUIREMENT.—The 12 amount made available under subparagraph (A) 13 is designated by the Congress as being for an 14 emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and 16 Emergency Deficit Control Act of 1985 (2 17 U.S.C. 901(b)(2)(A)(i)). 18 (C) ADMINISTRATION.—A State agency 19 shall— 20 (i) pay for the cost of grocery delivery 21 under paragraph (1)(C) for an authorized 22 program retailer or grocer described in 23 that subparagraph; and 24 VerDate Sep 11 2014 00:23 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.IS S3563 4 •S 3563 IS (ii) be reimbursed by the Secretary 1 using funds appropriated under subpara- 2 graph (A). 3 (D) AUTHORIZATION OF APPROPRIA- 4 TIONS.—In addition to the amount appro- 5 priated under subparagraph (A), there are au- 6 thorized to be appropriated to the Secretary 7 such sums as are necessary to cover the cost of 8 grocery delivery under paragraph (1)(C). 9 (3) TERMINATION OF AUTHORITY.— 10 (A) IN GENERAL.—Except as provided in 11 subparagraph (B), the authority of the Sec- 12 retary to carry out paragraphs (1) and (2) shall 13 terminate on the date on which the national 14 emergency declared by the President under the 15 National Emergencies Act (50 U.S.C. 1601 et 16 seq.) with respect to the Coronavirus Disease 17 2019 (COVID-19) is terminated. 18 (B) REIMBURSEMENT.—The Secretary 19 may reimburse State agencies under paragraph 20 (2)(C)(ii) after the date described in subpara- 21 graph (A). 22 (C) RETURN OF FUNDS.—The Secretary 23 shall return to the Treasury any funds appro- 24 priated under paragraph (2)(A) that have not 25 VerDate Sep 11 2014 00:23 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.IS S3563 5 •S 3563 IS been used or obligated under paragraph 1 (2)(C)(ii) by the date described in subpara- 2 graph (A). 3 (c) USE OF CERTAIN FUNDS.—Section 28(c)(3)(A) 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 5 2036a(c)(3)(A)) is amended— 6 (1) in clause (ii), by striking ‘‘and’’ at the end; 7 (2) in clause (iii), by striking the period at the 8 end and inserting ‘‘; and’’; and 9 (3) by adding at the end the following: 10 ‘‘(iv) during a national emergency de- 11 clared by the President under the National 12 Emergencies Act (50 U.S.C. 1601 et seq.), 13 to distribute at a noncongregate location, 14 including at a school or through delivery, 15 free or reduced price meals under the 16 school lunch program established under the 17 Richard B. Russell National School Lunch 18 Act (42 U.S.C. 1751 et seq.) and the 19 school breakfast program established under 20 section 4 of the Child Nutrition Act of 21 1966 (42 U.S.C. 1773).’’. 22 SEC. 3. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 23 FOR WOMEN AND CHILDREN. 24 (a) CERTIFICATION OF INFANTS.— 25 VerDate Sep 11 2014 00:23 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.IS S3563 6 •S 3563 IS (1) DEFINITION OF INFANT.—Section 17(b) of 1 the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) 2 is amended by striking paragraph (5) and inserting 3 the following: 4 ‘‘(5) INFANT.—The term ‘infant’ means— 5 ‘‘(A) a person under 1 year of age; and 6 ‘‘(B) for purposes of subsection (d), a per- 7 son under 2 years of age.’’. 8 (2) CERTIFICATION.—Section 17(d)(3)(A) of 9 the Child Nutrition Act of 1966 (42 U.S.C. 10 1786(d)(3)(A)) is amended by adding at the end the 11 following: 12 ‘‘(iv) INFANTS.— 13 ‘‘(I) IN GENERAL.—A State may 14 elect to certify an infant for a period 15 of not more than 2 years. 16 ‘‘(II) ASSESSMENTS.—In certi- 17 fying an infant under subclause (I), a 18 State shall ensure that the infant re- 19 ceives required health and nutrition 20 assessments.’’. 21 (b) EXTENSION OF POSTPARTUM PERIOD.— 22 (1) BREASTFEEDING WOMEN.— 23 (A) DEFINITION OF BREASTFEEDING 24 WOMAN.—Section 17(b) of the Child Nutrition 25 VerDate Sep 11 2014 00:23 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.IS S3563 7 •S 3563 IS Act of 1966 (42 U.S.C. 1786(b)) is amended by 1 striking paragraph (1) and inserting the fol- 2 lowing: 3 ‘‘(1) BREASTFEEDING WOMAN.—The term 4 ‘breastfeeding woman’ means— 5 ‘‘(A) a woman who is not more than 1 year 6 postpartum and is breastfeeding the infant of 7 the woman; and 8 ‘‘(B) for purposes of subsection (d), a 9 woman who is not more than 2 years 10 postpartum and is breastfeeding the infant of 11 the woman.’’. 12 (B) CERTIFICATION.—Section 13 17(d)(3)(A)(ii) of the Child Nutrition Act of 14 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended 15 by striking ‘‘1 year’’ and all that follows 16 through ‘‘earlier’’ and inserting ‘‘not more than 17 2 years postpartum’’. 18 (2) POSTPARTUM WOMEN.— 19 (A) DEFINITION OF POSTPARTUM 20 WOMAN.—Section 17(b) of the Child Nutrition 21 Act of 1966 (42 U.S.C. 1786(b)) is amended by 22 striking paragraph (10) and inserting the fol- 23 lowing: 24 VerDate Sep 11 2014 00:23 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.IS S3563 8 •S 3563 IS ‘‘(10) POSTPARTUM WOMAN.—The term ‘post- 1 partum woman’ means— 2 ‘‘(A) a woman up to 6 months after termi- 3 nation of pregnancy; and 4 ‘‘(B) for purposes of subsection (d), a 5 woman up to 2 years after termination of preg- 6 nancy.’’. 7 (B) CERTIFICATION.—Section 17(d)(3)(A) 8 of the Child Nutrition Act of 1966 (42 U.S.C. 9 1786(d)(3)(A)) (as amended by subsection 10 (a)(2)) is amended by adding at the end the fol- 11 lowing: 12 ‘‘(v) POSTPARTUM WOMEN.—A State 13 may elect to certify a postpartum woman 14 for a period of up to 2 years after the ter- 15 mination of pregnancy of the postpartum 16 woman.’’. 17 SEC. 4. WAIVER OF ADMINISTRATIVE CONDITIONS. 18 Section 301 of the Robert T. Stafford Disaster Relief 19 and Emergency Assistance Act (42 U.S.C. 5141) is 20 amended by inserting ‘‘or emergency’’ after ‘‘major dis- 21 aster’’ each place the term appears. 22 Æ VerDate Sep 11 2014 00:23 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S3563.IS S3563