[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4904 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4904
To provide for emergency operational cost reimbursements for child
nutrition programs for certain additional months, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 2021
Ms. Adams (for herself, Mr. Trone, Ms. Newman, Mr. Thompson of
Mississippi, Ms. Clarke of New York, Mr. Vargas, Ms. Bonamici, and Mrs.
Hayes) introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To provide for emergency operational cost reimbursements for child
nutrition programs for certain additional months, 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 ``Emergency Child and Adult Nutrition
Assistance Act of 2021''.
SEC. 2. EMERGENCY OPERATIONAL COSTS REIMBURSEMENTS FOR OTHER MONTHS.
(a) Use of Certain Appropriations To Cover Emergency Operational
Costs Under School Meal Program.--
(1) In general.--
(A) Required allotments.--Notwithstanding any other
provision of law, the Secretary shall allocate to each
State that participates in the reimbursement program
under paragraph (3) such amounts as may be necessary to
carry out reimbursements under such paragraph for each
reimbursement month, including, subject to paragraph
(5)(B), administrative expenses necessary to make such
reimbursements.
(B) Guidance with respect to program.--Not later
than 30 days after the date of the enactment of this
section, the Secretary shall issue guidance with
respect to the reimbursement program under paragraph
(3).
(2) Reimbursement program application.--To participate in
the reimbursement program under paragraph (3), not later than
30 days after the date described in paragraph (1)(B), a State
shall submit an application to the Secretary that includes a
plan to calculate and disburse reimbursements under the
reimbursement program under paragraph (3).
(3) Reimbursement program.--
(A) Subject to paragraphs (4) and (5)(D), using the
amounts allocated under paragraph (1)(A), a State
participating in the reimbursement program under this
paragraph shall make reimbursements for emergency
operational costs for each reimbursement month in
accordance with subparagraph (B).
(B) For each school food authority in the State for
the reimbursement month, an amount equal to 55 percent
of--
(i) the amount such school food authority
was reimbursed under the reimbursement sections
for meals and supplements served by such school
food authority for the month beginning one year
before such reimbursement month; minus
(ii) the amount such school food authority
was reimbursed under the reimbursement sections
for meals and supplements served by such school
food authority during such reimbursement month.
(4) Effect of negative number.--If a subtraction performed
under subparagraph (A) or (B) of paragraph (3) results in a
negative number, the reimbursement amount calculated under such
subparagraph shall equal zero.
(5) Treatment of funds.--
(A) Availability.--Funds allocated to a State under
paragraph (1)(A) shall remain available until September
30, 2022.
(B) Administrative expenses.--A State may reserve
not more than 1 percent of the funds allocated under
paragraph (1)(A) for administrative expenses to carry
out this subsection.
(C) Unexpended balance.--On March 31, 2023, any
amounts allocated to a State under paragraph (1)(A) or
reimbursed to a school food authority under paragraph
(3) that are unexpended by such State or school food
authority shall revert to the Secretary.
(D) Limitation on use of funds.--Funds allocated to
a State under paragraph (1)(A) may only be made
available to a school food authority that--
(i) submits a claim to such State for
meals, supplements, or administrative costs
with respect to a month occurring during the
period beginning August 1, 2020, and ending
June 30, 2021; or
(ii) provides an assurance to such State
that the school food authority will submit a
claim to such State for meals, supplements, or
administrative costs with respect to a month
occurring during the first full semester (or
equivalent term) after the conclusion of the
public health emergency, as determined by such
State.
(6) Reports.--Each State that carries out a reimbursement
program under paragraph (3) shall, not later than March 31,
2023, submit a report to the Secretary that includes a summary
of the use of such funds by the State and each school food
authority in such State.
(b) Use of Certain Appropriations To Cover Child and Adult Care
Food Program Child Care Operational Emergency Costs During COVID-19
Pandemic.--
(1) In general.--
(A) Required allotments.--Notwithstanding any other
provision of law, the Secretary shall allocate to each
State that participates in the reimbursement program
under paragraph (3) such amounts as may be necessary to
carry out reimbursements under such paragraph for each
reimbursement month, including, subject to paragraph
(5)(C), administrative expenses necessary to make such
reimbursements.
(B) Guidance with respect to program.--Not later
than 30 days after the date of the enactment of this
section, the Secretary shall issue guidance with
respect to the reimbursement program under paragraph
(3).
(2) Reimbursement program application.--To participate in
the reimbursement program under paragraph (3), not later than
30 days after the date described in paragraph (1)(B), a State
shall submit an application to the Secretary that includes a
plan to calculate and disburse reimbursements under the
reimbursement program under paragraph (3).
(3) Reimbursement program.--Subject to paragraphs (4) and
(5)(E), using the amounts allocated under paragraph (1)(A), a
State participating in the reimbursement program under this
paragraph shall make reimbursements for child care operational
emergency costs for each reimbursement month as follows:
(A) For each covered institution not described in
subparagraph (A) in the State for the reimbursement
month, an amount equal to 55 percent of--
(i) the amount such covered institution was
reimbursed under subsection (c) and subsection
(f) of section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766) for
meals and supplements served by such covered
institution during the month beginning one year
before such reimbursement month; minus
(ii) the amount such covered institution
was reimbursed under such section for meals and
supplements served by such covered institution
during such reimbursement month.
(B) For each sponsoring organization of a family or
group day care home not described in subparagraph (C)
in the State for the reimbursement month, an amount
equal to 55 percent of--
(i) the amount such sponsoring organization
of a family or group day care home was
reimbursed under section 17(f)(3)(B) of the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1766(f)(3)(B)) for administrative
funds for the month beginning one year before
such reimbursement month; minus
(ii) the amount such sponsoring
organization of a family or group day care home
was reimbursed under such section for
administrative funds for such reimbursement
month.
(4) Effect of negative number.--If a subtraction performed
under subparagraph (A), (B), (C), or (D) of paragraph (3)
results in a negative number, the reimbursement amount
calculated under such subparagraph shall equal zero.
(5) Treatment of funds.--
(A) Availability.--Funds allocated to a State under
paragraph (1)(A) shall remain available until September
30, 2022.
(B) Unaffiliated center.--In the case of a covered
institution that is an unaffiliated center that is
sponsored by a sponsoring organization and receives
funds for a reimbursement month under subparagraph (A)
or (B) of paragraph (3), such unaffiliated center shall
provide to such sponsoring organization an amount of
such funds as agreed to by the sponsoring organization
and the unaffiliated center, except such amount may not
be greater be than 15 percent of such funds.
(C) Administrative expenses.--A State may reserve
not more than 1 percent of the funds allocated under
paragraph (1)(A) for administrative expenses to carry
out this subsection.
(D) Unexpended balance.--On March 31, 2023, any
amounts allocated to a State under paragraph (1)(A) or
reimbursed to a covered institution or sponsoring
organization of a family or group day care home that
are unexpended by such State, covered institution, or
sponsoring organization of a family or group day care
home, shall revert to the Secretary.
(E) Limitation on use of funds.--Funds allocated to
a State under paragraph (1)(A) may only be made
available to a covered institution or sponsoring
organization of a family or group day care home that--
(i) submits a claim to such State for
meals, supplements, or administrative costs
with respect to a month occurring during the
period beginning August 1, 2020, and ending
June 30, 2021; or
(ii) provides an assurance to such State
that the covered institution or sponsoring
organization of a family or group day care home
will submit a claim to such State for meals,
supplements, or administrative costs with
respect to a month occurring within 90 days
after the conclusion of the public health
emergency.
(6) Reports.--Each State that carries out a reimbursement
program under paragraph (3) shall, not later than March 31,
2023, submit a report to the Secretary that includes a summary
of the use of such funds by the State and each covered
institution or sponsoring organization of a family or group day
care home.
(c) Funding.--There are appropriated to the Secretary, out of any
funds in the Treasury not otherwise appropriated, such sums as are
necessary to carry out this section.
(d) Definitions.--In this section:
(1) Emergency operational costs.--The term ``emergency
operational costs'' means the costs incurred by a school food
authority--
(A) during a public health emergency;
(B) that are related to the ongoing operation,
modified operation, or temporary suspension of
operation (including administrative costs) of such
school food authority; and
(C) except as provided under subsection (a), that
are not reimbursed under a Federal grant.
(2) Child care operational emergency costs.--The term
``child care operational emergency costs'' means the costs
under the child and adult care food program under section 17 of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1766) incurred by a covered institution or sponsoring
organization of a family or group day care home--
(A) during a public health emergency;
(B) that are related to the ongoing operation,
modified operation, or temporary suspension of
operation (including administrative costs) of such
covered institution, sponsoring organization of a
family or group day care home, or sponsoring
organization of an unaffiliated center; and
(C) except as provided under subsection (b), that
are not reimbursed under a Federal grant.
(3) Covered institution.--The term ``covered institution''
means--
(A) an institution (as defined in section 17(a)(2)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766(a)(2))); and
(B) a family or group day care home.
(4) Public health emergency.--The term ``public health
emergency'' means a public health emergency declared pursuant
to section 319 of the Public Health Service Act (42 U.S.C.
247d) resulting from the COVID-19 pandemic or any renewal of
such declaration pursuant to such section 319.
(5) Reimbursement month.--The term ``reimbursement month''
means August 2020, September 2020, October 2020, November 2020,
December 2020, January 2021, February 2021, March 2021, April
2021, May 2021, and June 2021.
(6) Reimbursement sections.--The term ``reimbursement
sections'' means--
(A) section 4(b), section 11(a)(2), section 13, and
section 17A(c) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1753(b); 42 U.S.C.
1759a(a)(2); 42 U.S.C. 1761; 42 U.S.C. 1766a(c)); and
(B) section 4 of the Child Nutrition Act (42 U.S.C.
1773).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) State.--The term ``State'' has the meaning given such
term in section 12(d)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d)(8)).
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