[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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