Food and Nutrition Provider Emergency Support Act of 2020
This bill directs the Food and Nutrition Service (FNS) to allocate additional funds to states to reimburse institutions for a specified percentage of the costs to operate child and adult care food programs during the period beginning March 2020 through June 2020. Further, the FNS must issue guidance for the implementation of this bill not later than 10 days after enactment.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6843 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6843
To provide reimbursements for the child care operational emergency
costs of certain institutions during the COVID-19 pandemic, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2020
Mr. Trone (for himself and Mr. Scott of Virginia) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To provide reimbursements for the child care operational emergency
costs of certain institutions 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 ``Food and Nutrition Provider
Emergency Support Act of 2020''.
SEC. 2. CHILD CARE OPERATIONAL EMERGENCY COSTS DURING COVID-19
PANDEMIC.
(a) 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
(4)(C), administrative expenses necessary to make such
reimbursements.
(B) Guidance with respect to program.--Not later
than 10 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), 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 amount.--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 new covered institution in the State
for the reimbursement month, an amount equal to 55
percent of--
(i) the average monthly 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
new covered institution during the alternate
period; minus
(ii) the amount such covered institution
was reimbursed under such section for meals and
supplements served by such new covered
institution during such reimbursement month.
(B) 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.
(C) For each new sponsoring organization of a
family or group day care home in the State for the
reimbursement month, an amount equal to 55 percent of--
(i) the average monthly amount such new
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 alternate period;
minus
(ii) the amount such new sponsoring
organization of a family or group day care home
was reimbursed under such section for
administrative funds for the reimbursement
month.
(D) 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) Treatment of funds.--
(A) Availability.--Funds allocated to a State under
paragraph (1)(A) shall remain available until March 30,
2021.
(B) Unaffiliated center.--In the case of a covered
institution or a new 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), 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 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 September 30, 2021, any
amounts allocated to a State under paragraph (1)(A) or
reimbursed to a new covered institution, covered
institution, new sponsoring organization of a family or
group day care home, or sponsoring organization of a
family or group day care home that are unexpended by
such State, new covered institution, covered
institution, new sponsoring organization of a family or
group day care home, or sponsoring organization of a
family or group day care home, shall revert to the
Secretary.
(5) Reports.--Each State that carries out a reimbursement
program under paragraph (3) shall, not later than September 30,
2021, submit a report to the Secretary that includes a summary
of the use of such funds by the State and each new covered
institution, covered institution, new sponsoring organization
of a family or group day care home, or sponsoring organization
of a family or group day care home.
(b) Definitions.--In this section:
(1) 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 new covered institution, covered
institution, new sponsoring organization of a family or group
day care home, 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 new
covered institution, covered institution, new
sponsoring organization of a family or group day care
home, 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.
(2) 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.
(3) New covered institution.--The term ``new covered
institution'' means a covered institution for which no
reimbursements were made for meals and supplements under
section 17(c) or (f) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) with respect to the previous
reimbursement period.
(4) New sponsoring organization of a family or group day
care.--The term ``new sponsoring organization of a family or
group day care'' means a sponsoring organization of a family or
group day care home for which no reimbursements for
administrative funds were made under section 17(f)(3)(B) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1766(f)(3)(B)) for the previous reimbursement period.
(5) Previous reimbursement period.--The term ``previous
reimbursement period'' means the period beginning March 1,
2019, and ending June 30, 2019.
(6) 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.
(7) Reimbursement month.--The term ``reimbursement month''
means March 2020, April 2020, May 2020, and June 2020.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(9) 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)).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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