[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4786 Introduced in House (IH)]

<DOC>






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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