118 HR 4786 IH: Feeding Children Not Fraudsters Act of 2023
U.S. House of Representatives
2023-07-20
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I
118th CONGRESS
1st Session
H. R. 4786
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.
1.

Short title
This Act may be cited as the “Feeding Children Not Fraudsters Act of 2023”.
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)).