I 
116TH CONGRESS 
2D SESSION 
H. R. 6904 
To increase access to food delivery under the supplemental nutrition assistance 
program to address the Coronavirus Disease 2019, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2020 
Mrs. HAYES (for herself, Ms. FUDGE, Mr. NEGUSE, Ms. NORTON, Ms. 
VELA´ZQUEZ, and Mr. SOTO) introduced the following bill; which was re-
ferred to the Committee on Agriculture, and in addition to the Committee 
on the Budget, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
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 Representa-
tives 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 NUTRI-
TION ASSISTANCE PROGRAM. 
(a) DEFINITIONS.—In this section: 
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(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 es-
tablished 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, in-
cluding 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, author-
ized program retailers, and community-based 
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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 sup-
port 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 accord-
ance 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 re-
tailers and other community-based part-
ners to establish a process for food delivery 
for program participants; 
(ii) administer the reimbursements de-
scribed in paragraph (3)(A)(i), including 
timing, eligibility, and distribution proc-
esses; and 
(iii) ensure that authorized program 
retailers that are reimbursed for delivery 
costs under paragraph (3)(A)(i) adhere to 
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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 re-
tailer described in paragraph (1)(C) for the 
cost of food delivery to program partici-
pants described in that paragraph if— 
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(I) the authorized program re-
tailer is eligible for reimbursement 
under clause (ii); and 
(II) the majority of the food 
items delivered by the retailer are eli-
gible for redemption using benefits 
under the program. 
(ii) ELIGIBILITY.—An authorized pro-
gram retailer described in paragraph 
(1)(C) is eligible for reimbursement for the 
cost of food delivery to program partici-
pants described in that paragraph if— 
(I) that food delivery is per-
formed by employees of the retailer or 
employees of an entity contracted by 
the retailer to perform deliveries; 
(II) before any employee de-
scribed in subclause (I) begins making 
that food delivery, that employee re-
ceives 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 
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safety 
and 
health 
during 
the 
Coronavirus Disease 2019 (COVID– 
19) pandemic; 
(III) the retailer remains neutral 
in any union organizing effort that oc-
curs during the period in which deliv-
eries 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 em-
ployee works. 
(iii) COVERED COSTS.— 
(I) IN GENERAL.—Reimbursable 
costs under clause (i) include costs as-
sociated with— 
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(aa) purchasing point-of-sale 
devices or receiving technical as-
sistance relating to point-of-sale 
devices; and 
(bb) purchasing or reimburs-
ing employees for personal pro-
tective 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 re-
imbursement under clause (i) for a food 
delivery fee shall be $10 per delivery. 
(B) FUNDING.— 
(i) IN
GENERAL.—There is appro-
priated to the Secretary, out of funds of 
the Treasury not otherwise appropriated, 
$500,000,000 to cover the cost of food de-
livery described in paragraph (1)(C), to be 
distributed among the States to fund reim-
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bursements 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 APPROPRIA-
TIONS.—In addition to the amount appro-
priated under clause (i), there are author-
ized 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 
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Coronavirus Disease 2019 (COVID–19) is 
terminated; and 
(ii) the date on which the State emer-
gency 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 appro-
priated 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 dur-
ing the national emergency described in sub-
paragraph (A)(i) of that paragraph; 
(B) the authorized program retailers that 
were reimbursed under paragraph (3)(A); 
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(C) any complications or difficulties experi-
enced by States in administering reimburse-
ments 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 de-
livery to program recipients in future health 
emergencies. 
Æ 
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