Food and Nutrition Provider Emergency Support Act of 2020

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Food and Nutrition 4 Provider Emergency Support Act of 2020’’. 5 SEC. 2. CHILD CARE OPERATIONAL EMERGENCY COSTS 6 DURING COVID–19 PANDEMIC. 7 (a) USE OF CERTAIN APPROPRIATIONS TO COVER 8 CHILD AND ADULT CARE FOOD PROGRAM CHILD CARE 9 VerDate Sep 11 2014 23:19 Jun 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS 2 •HR 6843 IH OPERATIONAL EMERGENCY COSTS DURING COVID–19 1 PANDEMIC.— 2 (1) IN GENERAL.— 3 (A) REQUIRED ALLOTMENTS.—Notwith- 4 standing any other provision of law, the Sec- 5 retary shall allocate to each State that partici- 6 pates in the reimbursement program under 7 paragraph (3) such amounts as may be nec- 8 essary to carry out reimbursements under such 9 paragraph for each reimbursement month, in- 10 cluding, subject to paragraph (4)(C), adminis- 11 trative expenses necessary to make such reim- 12 bursements. 13 (B) GUIDANCE WITH RESPECT TO PRO- 14 GRAM.—Not later than 10 days after the date 15 of the enactment of this section, the Secretary 16 shall issue guidance with respect to the reim- 17 bursement program under paragraph (3). 18 (2) REIMBURSEMENT PROGRAM APPLICA- 19 TION.—To participate in the reimbursement pro- 20 gram under paragraph (3), not later than 30 days 21 after the date described in paragraph (1), a State 22 shall submit an application to the Secretary that in- 23 cludes a plan to calculate and disburse reimburse- 24 VerDate Sep 11 2014 04:27 May 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS 3 •HR 6843 IH ments under the reimbursement program under 1 paragraph (3). 2 (3) REIMBURSEMENT AMOUNT.—Using the 3 amounts allocated under paragraph (1)(A), a State 4 participating in the reimbursement program under 5 this paragraph shall make reimbursements for child 6 care operational emergency costs for each reimburse- 7 ment month as follows: 8 (A) For each new covered institution in the 9 State for the reimbursement month, an amount 10 equal to 55 percent of— 11 (i) the average monthly amount such 12 covered institution was reimbursed under 13 subsection (c) and subsection (f) of section 14 17 of the Richard B. Russell National 15 School Lunch Act (42 U.S.C. 1766) for 16 meals and supplements served by such new 17 covered institution during the alternate pe- 18 riod; minus 19 (ii) the amount such covered institu- 20 tion was reimbursed under such section for 21 meals and supplements served by such new 22 covered institution during such reimburse- 23 ment month. 24 VerDate Sep 11 2014 04:27 May 30, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS 4 •HR 6843 IH (B) For each covered institution not de- 1 scribed in subparagraph (A) in the State for 2 the reimbursement month, an amount equal to 3 55 percent of— 4 (i) the amount such covered institu- 5 tion was reimbursed under subsection (c) 6 and subsection (f) of section 17 of the 7 Richard B. Russell National School Lunch 8 Act (42 U.S.C. 1766) for meals and sup- 9 plements served by such covered institution 10 during the month beginning one year be- 11 fore such reimbursement month; minus 12 (ii) the amount such covered institu- 13 tion was reimbursed under such section for 14 meals and supplements served by such cov- 15 ered institution during such reimbursement 16 month. 17 (C) For each new sponsoring organization 18 of a family or group day care home in the State 19 for the reimbursement month, an amount equal 20 to 55 percent of— 21 (i) the average monthly amount such 22 new sponsoring organization of a family or 23 group day care home was reimbursed 24 under section 17(f)(3)(B) of the Richard 25 VerDate Sep 11 2014 04:27 May 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS 5 •HR 6843 IH B. Russell National School Lunch Act (42 1 U.S.C. 1766(f)(3)(B)) for administrative 2 funds for the alternate period; minus 3 (ii) the amount such new sponsoring 4 organization of a family or group day care 5 home was reimbursed under such section 6 for administrative funds for the reimburse- 7 ment month. 8 (D) For each sponsoring organization of a 9 family or group day care home not described in 10 subparagraph (C) in the State for the reim- 11 bursement month, an amount equal to 55 per- 12 cent of— 13 (i) the amount such sponsoring orga- 14 nization of a family or group day care 15 home was reimbursed under section 16 17(f)(3)(B) of the Richard B. Russell Na- 17 tional School Lunch Act (42 U.S.C. 18 1766(f)(3)(B)) for administrative funds for 19 the month beginning one year before such 20 reimbursement month; minus 21 (ii) the amount such sponsoring orga- 22 nization of a family or group day care 23 home was reimbursed under such section 24 VerDate Sep 11 2014 04:27 May 30, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS 6 •HR 6843 IH for administrative funds for such reim- 1 bursement month. 2 (4) TREATMENT OF FUNDS.— 3 (A) AVAILABILITY.—Funds allocated to a 4 State under paragraph (1)(A) shall remain 5 available until March 30, 2021. 6 (B) UNAFFILIATED CENTER.—In the case 7 of a covered institution or a new covered insti- 8 tution that is an unaffiliated center that is 9 sponsored by a sponsoring organization and re- 10 ceives funds for a reimbursement month under 11 subparagraph (A) or (B), such unaffiliated cen- 12 ter shall provide to such sponsoring organiza- 13 tion an amount of such funds as agreed to by 14 the sponsoring organization and the unaffiliated 15 center, except such amount may not be greater 16 than 15 percent of such funds. 17 (C) ADMINISTRATIVE EXPENSES.—A State 18 may reserve not more than 1 percent of the 19 funds allocated under paragraph (1)(A) for ad- 20 ministrative expenses to carry out this sub- 21 section. 22 (D) UNEXPENDED BALANCE.—On Sep- 23 tember 30, 2021, any amounts allocated to a 24 State under paragraph (1)(A) or reimbursed to 25 VerDate Sep 11 2014 23:19 Jun 01, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS 7 •HR 6843 IH a new covered institution, covered institution, 1 new sponsoring organization of a family or 2 group day care home, or sponsoring organiza- 3 tion of a family or group day care home that 4 are unexpended by such State, new covered in- 5 stitution, covered institution, new sponsoring 6 organization of a family or group day care 7 home, or sponsoring organization of a family or 8 group day care home, shall revert to the Sec- 9 retary. 10 (5) REPORTS.—Each State that carries out a 11 reimbursement program under paragraph (3) shall, 12 not later than September 30, 2021, submit a report 13 to the Secretary that includes a summary of the use 14 of such funds by the State and each new covered in- 15 stitution, covered institution, new sponsoring organi- 16 zation of a family or group day care home, or spon- 17 soring organization of a family or group day care 18 home. 19 (b) DEFINITIONS.—In this section: 20 (1) CHILD CARE OPERATIONAL EMERGENCY 21 COSTS.—The term ‘‘child care operational emergency 22 costs’’ means the costs under the child and adult 23 care food program under section 17 of the Richard 24 B. Russell National School Lunch Act (42 U.S.C. 25 VerDate Sep 11 2014 04:27 May 30, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS 8 •HR 6843 IH 1766) incurred by a new covered institution, covered 1 institution, new sponsoring organization of a family 2 or group day care home, or sponsoring organization 3 of a family or group day care home— 4 (A) during a public health emergency; 5 (B) that are related to the ongoing oper- 6 ation, modified operation, or temporary suspen- 7 sion of operation (including administrative 8 costs) of such new covered institution, covered 9 institution, new sponsoring organization of a 10 family or group day care home, sponsoring or- 11 ganization of a family or group day care home, 12 or sponsoring organization of an unaffiliated 13 center; and 14 (C) except as provided under subsection 15 (b), that are not reimbursed under a Federal 16 grant. 17 (2) COVERED INSTITUTION.—The term ‘‘cov- 18 ered institution’’ means— 19 (A) an institution (as defined in section 20 17(a)(2) of the Richard B. Russell National 21 School Lunch Act (42 U.S.C. 1766(a)(2))); and 22 (B) a family or group day care home. 23 (3) NEW COVERED INSTITUTION.—The term 24 ‘‘new covered institution’’ means a covered institu- 25 VerDate Sep 11 2014 04:27 May 30, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS 9 •HR 6843 IH tion for which no reimbursements were made for 1 meals and supplements under section 17(c) or (f) of 2 the Richard B. Russell National School Lunch Act 3 (42 U.S.C. 1766) with respect to the previous reim- 4 bursement period. 5 (4) NEW SPONSORING ORGANIZATION OF A 6 FAMILY OR GROUP DAY CARE.—The term ‘‘new 7 sponsoring organization of a family or group day 8 care’’ means a sponsoring organization of a family 9 or group day care home for which no reimburse- 10 ments for administrative funds were made under 11 section 17(f)(3)(B) of the Richard B. Russell Na- 12 tional School Lunch Act (42 U.S.C. 1766(f)(3)(B)) 13 for the previous reimbursement period. 14 (5) PREVIOUS REIMBURSEMENT PERIOD.—The 15 term ‘‘previous reimbursement period’’ means the 16 period beginning March 1, 2019, and ending June 17 30, 2019. 18 (6) PUBLIC HEALTH EMERGENCY.—The term 19 ‘‘public health emergency’’ means a public health 20 emergency declared pursuant to section 319 of the 21 Public Health Service Act (42 U.S.C. 247d) result- 22 ing from the COVID–19 pandemic. 23 VerDate Sep 11 2014 23:19 Jun 01, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS 10 •HR 6843 IH (7) REIMBURSEMENT MONTH.—The term ‘‘re- 1 imbursement month’’ means March 2020, April 2 2020, May 2020, and June 2020. 3 (8) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Agriculture. 5 (9) STATE.—The term ‘‘State’’ has the mean- 6 ing given such term in section 12(d)(8) of the Rich- 7 ard B. Russell National School Lunch Act (42 8 U.S.C. 1760(d)(8)). 9 Æ VerDate Sep 11 2014 23:19 Jun 01, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H6843.IH H6843 lotter on DSK9F5VC42PROD with BILLS