[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4786 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4786
To direct the Secretary of Agriculture to conduct an audit of fraud
relating to waivers of certain requirements of the child nutrition
programs during the COVID-19 pandemic, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2023
Mr. Finstad (for himself, Mr. Stauber, and Mrs. Fischbach) introduced
the following bill; which was referred to the Committee on Education
and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to conduct an audit of fraud
relating to waivers of certain requirements of the child nutrition
programs during the COVID-19 pandemic, 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 ``Feeding Children Not Fraudsters Act
of 2023''.
SEC. 2. FRAUD RELATING TO COVID-19 NUTRITION WAIVERS.
(a) Audit of Known Fraud Relating to COVID-19 Nutrition Programs
and Waivers.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and on an annual basis thereafter,
the Secretary of Agriculture shall conduct, with respect to the
covered period, an audit of a covered State agency relating to
known fraud, including such fraud carried out under--
(A) the Child and Adult Care Food Program under
section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766);
(B) the Summer Food Service Program for Children
under section 13 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761); and
(C) child nutrition COVID-19 waivers (including
with respect to the programs described in subparagraphs
(A) and (B)).
(2) Scope.--An audit conducted by the Secretary pursuant to
this section may only relate to known fraud not examined under
any preceding audit conducted by the Secretary pursuant to this
section, as applicable.
(3) Content.--The audit of a covered State agency conducted
pursuant to this subsection shall examine--
(A) oversight measures (or lack thereof) by such
State agency;
(B) decisions made by such State agency after being
made aware of fraud committed by a local agency,
institution, or service institution served by such
State agency;
(C) hearings conducted by such State agency after
being made aware of such fraud;
(D) correspondence between such agency and--
(i) the Department of Agriculture;
(ii) a local agency served by such State
agency; and
(iii) to the extent practicable, and as
applicable, the institutions and service
institutions served by such agency;
(E) overpayments or improper payments by a local
agency, institution, or service institution served by
such State agency;
(F) fraudulent uses of funds by a local agency,
institution, or service institution served by such
State agency; and
(G) misrepresentations by--
(i) an institution with respect to the
eligibility of such institution to carry out
the Child and Adult Care Food Program under
section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766); or
(ii) a service institution with respect to
the eligibility of such institution to carry
out the Summer Food Service Program for
Children under section 13 of the Richard B.
Russell National School Lunch Act (42 U.S.C.
1761).
(4) Cooperation.--In order to participate in or operate any
child nutrition program for the school year or summer period,
as applicable, that is the first school year or summer period
beginning after the date of the enactment of this Act, a State
agency being audited (and any local agency, institution, or
service institution served by such State agency) shall fully
cooperate with any audit conducted pursuant to this subsection,
including by providing any information requested under
paragraph (3).
(5) Report.--The Secretary of Agriculture shall submit the
findings of the audit required under this subsection to--
(A) the House Committee on Education and the
Workforce;
(B) the House Committee on Oversight and
Accountability;
(C) the Senate Committee on Agriculture, Nutrition,
and Forestry; and
(D) the Senate Committee on Homeland Security and
Governmental Affairs.
(6) Sunset.--The authority of the Secretary to conduct an
audit under this section shall terminate on the date that is 5
years after the date on which the first audit is conducted
pursuant to this section.
(b) Requirement To Retain Records Relating to Fraud.--
(1) Child and adult care food program.--Section 17(f)(1)(B)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(f)(1)(B)) is amended by adding at the end the following:
``(iv) Records.--The State shall retain any
records related to the fraud, abuse, or invalid
claims described in clause (i).''.
(2) Summer food service program.--Section 13(o) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1761(o)) is amended by adding at the end the following:
``(4) The State shall retain any records related to any act
made unlawful under this subsection.''.
(3) Waivers.--The Secretary shall retain any records
related to any fraudulent act carried out pursuant to a chid
nutrition COVID-19 waiver.
(c) Definitions.--In this section:
(1) Child nutrition covid-19 waivers.--The term ``child
nutrition COVID-19 waivers'' means the nationwide waivers and
additional flexibilities published on the website of the Food
and Nutrition Service of the Department of Agriculture on July
12, 2022.
(2) Child nutrition program.--The term ``child nutrition
program'' means a program carried out under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(3) Covered period.--The term ``covered period'' means the
period--
(A) beginning on January 1, 2020; and
(B) ending on December 31, 2022.
(4) Covered state agency.--The term ``covered State
agency'' means a State agency serving a local agency,
institution, or service institution administering or operating
a child nutrition program under which known fraud was
committed.
(5) Institution.--The term ``institution'' has the meaning
given such term in section 17(a)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(a)(2)).
(6) Known fraud.--The term ``known fraud'' means, with
respect to a child nutrition program, fraud for which any
person is investigated, charged, or convicted by--
(A) the Department of Justice;
(B) the Department of Agriculture; or
(C) an appropriate State official.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) Service institution.--The term ``service institution''
has the meaning given such term in section 13(a)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1761(a)(1)).
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