[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)).
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