Food Bank Access to Farm Fresh Produce Act of 2020

II 116TH CONGRESS 2D SESSION S. 3605 To amend the Specialty Crops Competitiveness Act of 2004 to provide specialty crop block grants to fund State food banks and food access networks. IN THE SENATE OF THE UNITED STATES MAY 5, 2020 Mrs. GILLIBRAND introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Specialty Crops Competitiveness Act of 2004 to provide specialty crop block grants to fund State food banks and food access networks. 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 Bank Access to 4 Farm Fresh Produce Act of 2020’’. 5 SEC. 2. GRANTS FOR STATE FOOD BANKS AND FOOD AC- 6 CESS NETWORKS. 7 Section 101 of the Specialty Crops Competitiveness 8 Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) 9 is amended— 10 VerDate Sep 11 2014 18:35 May 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3605.IS S3605 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3605 IS (1) in subsection (a)— 1 (A) by redesignating paragraphs (1) 2 through (5) as subparagraphs (A), (B), (C), 3 (D), and (F), respectively, and indenting appro- 4 priately; 5 (B) in subparagraph (D) (as so redesig- 6 nated), by striking ‘‘and’’ at the end; 7 (C) by inserting after subparagraph (D) 8 (as so redesignated) the following: 9 ‘‘(E) by assisting State food banks and 10 food access networks in accordance with para- 11 graph (2); and’’; 12 (D) in the matter preceding subparagraph 13 (A) (as so redesignated), by striking ‘‘Using the 14 funds’’ and inserting the following: 15 ‘‘(1) IN GENERAL.—Using the funds’’; and 16 (E) by adding at the end the following: 17 ‘‘(2) GRANTS FOR FOOD BANKS AND FOOD AC- 18 CESS NETWORKS.— 19 ‘‘(A) IN GENERAL.—Not later than 30 20 days after the date of enactment of the Food 21 Bank Access to Farm Fresh Produce Act of 22 2020, the Secretary shall make grants under 23 paragraph (1) to States in accordance with sub- 24 paragraph (B) to disburse funds in the form of 25 VerDate Sep 11 2014 18:35 May 07, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3605.IS S3605 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3605 IS grants to eligible entities described in subpara- 1 graph (C). 2 ‘‘(B) GRANTS TO STATES.—To carry out 3 subparagraph (A), notwithstanding subsections 4 (d) through (g), the Secretary shall award a 5 grant to the State department of agriculture in 6 each of the 20 States that have produced the 7 highest quantity of specialty crops during the 8 most recent 3-year period. 9 ‘‘(C) ELIGIBLE ENTITIES DESCRIBED.— 10 The eligible entities referred to in subparagraph 11 (A) are State food banks and food access net- 12 works that— 13 ‘‘(i) the applicable State department 14 of agriculture determines are qualified to 15 receive a grant under that subparagraph; 16 and 17 ‘‘(ii) purchase specialty crops directly 18 from farmers in the State and not— 19 ‘‘(I) through packers, repackers, 20 shippers, or brokers; or 21 ‘‘(II) at terminal markets. 22 ‘‘(D) USE OF FUNDS.—A grant received by 23 an eligible entity under subparagraph (A) may 24 be used only— 25 VerDate Sep 11 2014 18:35 May 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3605.IS S3605 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3605 IS ‘‘(i) to procure and distribute spe- 1 cialty crops; 2 ‘‘(ii) to purchase, lease, or otherwise 3 acquire vehicles, including refrigerated ve- 4 hicles, or other equipment to carry out ac- 5 tivities related to procurement and dis- 6 tribution of specialty crops; 7 ‘‘(iii) to pay for the cost of additional 8 personnel; 9 ‘‘(iv) to pay for travel relating to pro- 10 curement of specialty crops; and 11 ‘‘(v) to pay for preparation, storage, 12 and transportation of specialty crops, in- 13 cluding delivery to end-consumers.’’; 14 (2) in subsection (c)— 15 (A) by redesignating paragraphs (1) and 16 (2) as subparagraphs (A) and (B), respectively, 17 and indenting appropriately; 18 (B) in the matter preceding subparagraph 19 (A) (as so redesignated), by striking ‘‘Notwith- 20 standing subsection (b),’’ and inserting the fol- 21 lowing: 22 ‘‘(1) IN GENERAL.—Notwithstanding subsection 23 (b), and except as provided in paragraph (2),’’; and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 18:35 May 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3605.IS S3605 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3605 IS ‘‘(2) GRANTS FOR FOOD BANKS AND FOOD AC- 1 CESS NETWORKS.—Notwithstanding subsection (b), 2 the amount of a grant received by a State under 3 subsection (a)(2) shall be not less than 4 $100,000,000.’’; and 5 (3) in subsection (l)— 6 (A) in paragraph (1), in the matter pre- 7 ceding subparagraph (A), by inserting ‘‘except 8 for grants made under subsection (a)(2),’’ be- 9 fore ‘‘using—’’; and 10 (B) by adding at the end the following: 11 ‘‘(3) EMERGENCY FUNDING FOR GRANTS FOR 12 FOOD BANKS AND FOOD ACCESS NETWORKS.— 13 ‘‘(A) IN GENERAL.—Out of amounts in the 14 Treasury not otherwise appropriated, the Sec- 15 retary of the Treasury shall transfer to the Sec- 16 retary $8,000,000,000 to award grants under 17 subsection (a)(2), to remain available until ex- 18 pended. 19 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 20 Secretary shall be entitled to receive, shall ac- 21 cept, and shall use to award grants under sub- 22 section (a)(2) the amount transferred under 23 subparagraph (A), without further appropria- 24 tion. 25 VerDate Sep 11 2014 18:35 May 07, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3605.IS S3605 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3605 IS ‘‘(C) EMERGENCY DESIGNATION.— 1 ‘‘(i) IN GENERAL.—The amounts pro- 2 vided by this paragraph are designated as 3 an emergency requirement pursuant to sec- 4 tion 4(g) of the Statutory Pay-As-You-Go 5 Act of 2010 (2 U.S.C. 933(g)). 6 ‘‘(ii) DESIGNATION IN SENATE.—In 7 the Senate, this paragraph is designated as 8 an emergency requirement pursuant to sec- 9 tion 4112(a) of H. Con. Res. 71 (115th 10 Congress), the concurrent resolution on the 11 budget for fiscal year 2018.’’. 12 Æ VerDate Sep 11 2014 18:35 May 07, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S3605.IS S3605 pamtmann on DSKBC07HB2PROD with BILLS