CN Operating Costs Revised BILLS-116HR133SA-RCP-116-68

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1

(B) in paragraph (2), by inserting ‘‘or for

2

each day that a school in the area of a covered

3

child care facility or the area of the child’s resi-

4

dence is closed or has reduced attendance or

5

hours for at least 5 consecutive days’’ before

6

the period at the end; and

7

(C) by adding at the end the following:

8

‘‘(4) DEEMED

POPULATION.—For

purposes of

9

an approved State agency plan described in para-

10

graph (1) or an approved amendment to such a plan

11

described in such paragraph, the Secretary of Agri-

12

culture shall deem any child who has not attained

13

the age of 6 as a child who is enrolled in a covered

14

child care facility.’’; and

15

(3) in subsection (j), by inserting ‘‘for State

16

agencies, other agencies of the State, local units, and

17

schools’’ after ‘‘administrative expenses’’.

18

SEC. 722. EMERGENCY COSTS FOR CHILD NUTRITION PRO-

19
20

GRAMS DURING COVID–19 PANDEMIC.

(a) USE

OF

CERTAIN APPROPRIATIONS

TO

COVER

21 EMERGENCY OPERATIONAL COSTS UNDER SCHOOL MEAL
22 PROGRAMS.—
23
24
25

December 21, 2020 (9:35 a.m.)

(1) IN

GENERAL.—

(A) REQUIRED

ALLOTMENTS.—Notwith-

standing any other provision of law, the Sec-

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1

retary shall allocate to each State that partici-

2

pates in the reimbursement program under

3

paragraph (3) such amounts as may be nec-

4

essary to carry out reimbursements under such

5

paragraph for each reimbursement month, in-

6

cluding, subject to paragraph (5)(B), adminis-

7

trative expenses necessary to make such reim-

8

bursements.

9

(B) GUIDANCE

WITH RESPECT TO PRO-

10

GRAM.—Not

11

of the enactment of this section, the Secretary

12

shall issue guidance with respect to the reim-

13

bursement program under paragraph (3).

14

(2)

later than 30 days after the date

REIMBURSEMENT

PROGRAM

APPLICA-

15

TION.—To

16

gram under paragraph (3), not later than 30 days

17

after the date described in paragraph (1)(B), a

18

State shall submit an application to the Secretary

19

that includes a plan to calculate and disburse reim-

20

bursements under the reimbursement program under

21

paragraph (3).

22

participate in the reimbursement pro-

(3) REIMBURSEMENT

PROGRAM.—Subject

to

23

paragraphs (4) and (5)(D), using the amounts allo-

24

cated under paragraph (1)(A), a State participating

25

in the reimbursement program under this paragraph

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1

shall make reimbursements for emergency oper-

2

ational costs for each reimbursement month as fol-

3

lows:

4

(A) For each new school food authority in

5

the State for the reimbursement month, an

6

amount equal to 55 percent of the amount

7

equal to—

8

(i) the average monthly amount such

9

new school food authority was reimbursed

10

under the reimbursement sections for

11

meals and supplements served by such new

12

school food authority during the alternate

13

period; minus

14

(ii) the amount such new school food

15

authority was reimbursed under the reim-

16

bursement sections for meals and supple-

17

ments served by such new school food au-

18

thority during such reimbursement month.

19

(B) For each school food authority not de-

20

scribed in subparagraph (A) in the State for

21

the reimbursement month, an amount equal to

22

55 percent of—

23

(i) the amount such school food au-

24

thority was reimbursed under the reim-

25

bursement sections for meals and supple-

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1

ments served by such school food authority

2

for the month beginning one year before

3

such reimbursement month; minus

4

(ii) the amount such school food au-

5

thority was reimbursed under the reim-

6

bursement sections for meals and supple-

7

ments served by such school food authority

8

during such reimbursement month.

9
10
11

(4) SPECIAL

RULES RELATING TO REIMBURSE-

MENT CALCULATION.—

(A) EFFECT

OF NEGATIVE NUMBER.—If

a

12

subtraction performed under subparagraph (A)

13

or (B) of paragraph (3) results in a negative

14

number, the reimbursement amount calculated

15

under such subparagraph shall equal zero.

16

(B) SPECIAL

TREATMENT

OF

MARCH,

17

2020.—In

18

subparagraph (A) or (B) of paragraph (3) for

19

the reimbursement month of March, 2020, the

20

reimbursement amount shall be equal to the

21

amount determined under such a subparagraph

22

for such month, divided by 2.

23

(5) TREATMENT

December 21, 2020 (9:35 a.m.)

the case of a reimbursement under

OF FUNDS.—

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(A) AVAILABILITY.—Funds allocated to a

2

State under paragraph (1)(A) shall remain

3

available until September 30, 2021.

4

(B) ADMINISTRATIVE

EXPENSES.—A

State

5

may reserve not more than 1 percent of the

6

funds allocated under paragraph (1)(A) for ad-

7

ministrative expenses to carry out this sub-

8

section.

9

(C) UNEXPENDED

BALANCE.—On

March

10

31, 2022, any amounts allocated to a State

11

under paragraph (1)(A) or reimbursed to a

12

school food authority or new school food author-

13

ity under paragraph (3) that are unexpended by

14

such State, school food authority, or new school

15

food authority shall revert to the Secretary.

16

(D) LIMITATION

ON USE OF FUNDS.—

17

Funds allocated to a State under paragraph

18

(1)(A) may only be made available to a school

19

food authority or new school food authority

20

that—

21

(i) submits a claim to such State for

22

meals, supplements, or administrative costs

23

with respect to a month occurring during

24

the period beginning September 1, 2020

25

and ending December 31, 2020; or

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1

(ii) provides an assurance to such

2

State that the school food authority or new

3

school food authority will submit a claim to

4

such State for meals, supplements, or ad-

5

ministrative costs with respect to a month

6

occurring during the first full semester (or

7

equivalent term) after the conclusion of the

8

public health emergency, as determined by

9

such State.

10

(6) REPORTS.—Each State that carries out a

11

reimbursement program under paragraph (3) shall,

12

not later than March 31, 2022, submit a report to

13

the Secretary that includes a summary of the use of

14

such funds by the State and each school food au-

15

thority and new school food authority in such State.

16

(b) USE

17 CHILD

AND

OF

CERTAIN APPROPRIATIONS

TO

COVER

ADULT CARE FOOD PROGRAM CHILD CARE

18 OPERATIONAL EMERGENCY COSTS DURING COVID–19
19 PANDEMIC.—
20
21

(1) IN

GENERAL.—

(A) REQUIRED

ALLOTMENTS.—Notwith-

22

standing any other provision of law, the Sec-

23

retary shall allocate to each State that partici-

24

pates in the reimbursement program under

25

paragraph (3) such amounts as may be nec-

December 21, 2020 (9:35 a.m.)

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1

essary to carry out reimbursements under such

2

paragraph for each reimbursement month, in-

3

cluding, subject to paragraph (5)(C), adminis-

4

trative expenses necessary to make such reim-

5

bursements.

6

(B) GUIDANCE

WITH RESPECT TO PRO-

7

GRAM.—Not

8

of the enactment of this section, the Secretary

9

shall issue guidance with respect to the reim-

later than 30 days after the date

10

bursement program under paragraph (3).

11

(2)

REIMBURSEMENT

PROGRAM

APPLICA-

12

TION.—To

13

gram under paragraph (3), not later than 30 days

14

after the date described in paragraph (1)(B), a

15

State shall submit an application to the Secretary

16

that includes a plan to calculate and disburse reim-

17

bursements under the reimbursement program under

18

paragraph (3).

19

participate in the reimbursement pro-

(3) REIMBURSEMENT

AMOUNT.—Subject

to

20

paragraphs (4) and (5)(E), using the amounts allo-

21

cated under paragraph (1)(A), a State participating

22

in the reimbursement program under this paragraph

23

shall make reimbursements for child care operational

24

emergency costs for each reimbursement month as

25

follows:

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1

(A) For each new covered institution in the

2

State for the reimbursement month, an amount

3

equal to 55 percent of—

4

(i) the average monthly amount such

5

new covered institution was reimbursed

6

under subsection (c) and subsection (f) of

7

section 17 of the Richard B. Russell Na-

8

tional School Lunch Act (42 U.S.C. 1766)

9

for meals and supplements served by such

10

new covered institution during the alter-

11

nate period; minus

12

(ii) the amount such new covered in-

13

stitution was reimbursed under such sec-

14

tion for meals and supplements served by

15

such new covered institution during such

16

reimbursement month.

17

(B) For each covered institution not de-

18

scribed in subparagraph (A) in the State for

19

the reimbursement month, an amount equal to

20

55 percent of—

21

(i) the amount such covered institu-

22

tion was reimbursed under subsection (c)

23

and subsection (f) of section 17 of the

24

Richard B. Russell National School Lunch

25

Act (42 U.S.C. 1766) for meals and sup-

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1

plements served by such covered institution

2

during the month beginning one year be-

3

fore such reimbursement month; minus

4

(ii) the amount such covered institu-

5

tion was reimbursed under such section for

6

meals and supplements served by such cov-

7

ered institution during such reimbursement

8

month.

9

(C) For each new sponsoring organization

10

of a family or group day care home in the State

11

for the reimbursement month, an amount equal

12

to 55 percent of—

13

(i) the average monthly amount such

14

new sponsoring organization of a family or

15

group day care home was reimbursed

16

under section 17(f)(3)(B) of the Richard

17

B. Russell National School Lunch Act (42

18

U.S.C. 1766(f)(3)(B)) for administrative

19

funds for the alternate period; minus

20

(ii) the amount such new sponsoring

21

organization of a family or group day care

22

home was reimbursed under such section

23

for administrative funds for the reimburse-

24

ment month.

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(D) For each sponsoring organization of a

2

family or group day care home not described in

3

subparagraph (C) in the State for the reim-

4

bursement month, an amount equal to 55 per-

5

cent of—

6

(i) the amount such sponsoring orga-

7

nization of a family or group day care

8

home

9

17(f)(3)(B) of the Richard B. Russell Na-

10

tional School Lunch Act (42 U.S.C.

11

1766(f)(3)(B)) for administrative funds for

12

the month beginning one year before such

13

reimbursement month; minus

was

reimbursed

under

section

14

(ii) the amount such sponsoring orga-

15

nization of a family or group day care

16

home was reimbursed under such section

17

for administrative funds for such reim-

18

bursement month.

19
20
21

(4) SPECIAL

RULES RELATING TO REIMBURSE-

MENT CALCULATION.—

(A) EFFECT

OF NEGATIVE NUMBER.—If

a

22

subtraction performed under subparagraph (A),

23

(B), (C), or (D) of paragraph (3) results in a

24

negative number, the reimbursement amount

December 21, 2020 (9:35 a.m.)

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1

calculated under such subparagraph shall equal

2

zero.

3

(B) SPECIAL

TREATMENT

OF

MARCH,

4

2020.—In

5

subparagraph (A), (B), (C), or (D) of para-

6

graph (3) for the reimbursement month of

7

March, 2020, the reimbursement amount shall

8

be equal to the amount determined under such

9

a subparagraph for such month, divided by 2.

10

the case of a reimbursement under

(5) TREATMENT

OF FUNDS.—

11

(A) AVAILABILITY.—Funds allocated to a

12

State under paragraph (1)(A) shall remain

13

available until September 30, 2021.

14

(B) UNAFFILIATED

CENTER.—In

the case

15

of a covered institution or a new covered insti-

16

tution that is an unaffiliated center that is

17

sponsored by a sponsoring organization and re-

18

ceives funds for a reimbursement month under

19

subparagraph (A) or (B) of paragraph (3), such

20

unaffiliated center shall provide to such spon-

21

soring organization an amount of such funds as

22

agreed to by the sponsoring organization and

23

the unaffiliated center, except such amount may

24

not be greater be than 15 percent of such

25

funds.

December 21, 2020 (9:35 a.m.)

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1

(C) ADMINISTRATIVE

EXPENSES.—A

State

2

may reserve not more than 1 percent of the

3

funds allocated under paragraph (1)(A) for ad-

4

ministrative expenses to carry out this sub-

5

section.

6

(D) UNEXPENDED

BALANCE.—On

March

7

31, 2022, any amounts allocated to a State

8

under paragraph (1)(A) or reimbursed to a new

9

covered institution, covered institution, new

10

sponsoring organization of a family or group

11

day care home, or sponsoring organization of a

12

family or group day care home that are unex-

13

pended by such State, new covered institution,

14

covered institution, new sponsoring organization

15

of a family or group day care home, or spon-

16

soring organization of a family or group day

17

care home, shall revert to the Secretary.

18

(E) LIMITATION

ON USE OF FUNDS.—

19

Funds allocated to a State under paragraph

20

(1)(A) may only be made available to a new

21

covered institution, covered institution, new

22

sponsoring organization of a family or group

23

day care home, or sponsoring organization of a

24

family or group day care home that—

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1

(i) submits a claim to such State for

2

meals, supplements, or administrative costs

3

with respect to a month occurring during

4

the period beginning September 1, 2020

5

and ending December 31, 2020; or

6

(ii) provides an assurance to such

7

State that the new covered institution, cov-

8

ered institution, new sponsoring organiza-

9

tion of a family or group day care home,

10

or sponsoring organization of a family or

11

group day care home will submit a claim to

12

such State for meals, supplements, or ad-

13

ministrative costs with respect to a month

14

occurring within 90 days after the conclu-

15

sion of the public health emergency.

16

(6) REPORTS.—Each State that carries out a

17

reimbursement program under paragraph (3) shall,

18

not later than March 31, 2022, submit a report to

19

the Secretary that includes a summary of the use of

20

such funds by the State and each new covered insti-

21

tution, covered institution, new sponsoring organiza-

22

tion of a family or group day care home, or spon-

23

soring organization of a family or group day care

24

home.

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1

(c) FUNDING.—There are appropriated to the Sec-

2 retary, out of any funds in the Treasury not otherwise
3 appropriated, such sums as are necessary to carry out this
4 section.
5
6

(d) DEFINITIONS.—In this section:
(1) ALTERNATE

PERIOD.—The

term ‘‘alternate

7

period’’ means the period beginning January 1,

8

2020 and ending February 29, 2020.

9

(2) EMERGENCY

OPERATIONAL

COSTS.—The

10

term ‘‘emergency operational costs’’ means the costs

11

incurred by a school food authority or new school

12

food authority—

13

(A) during a public health emergency;

14

(B) that are related to the ongoing oper-

15

ation, modified operation, or temporary suspen-

16

sion of operation (including administrative

17

costs) of such school food authority or new

18

school food authority; and

19

(C) except as provided under subsection

20

(a), that are not reimbursed under a Federal

21

grant.

22

(3) CHILD

CARE

OPERATIONAL

EMERGENCY

23

COSTS.—The

24

costs’’ means the costs under the child and adult

25

care food program under section 17 of the Richard

December 21, 2020 (9:35 a.m.)

term ‘‘child care operational emergency

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1

B. Russell National School Lunch Act (42 U.S.C.

2

1766) incurred by a new covered institution, covered

3

institution, new sponsoring organization of a family

4

or group day care home, or sponsoring organization

5

of a family or group day care home—

6

(A) during a public health emergency;

7

(B) that are related to the ongoing oper-

8

ation, modified operation, or temporary suspen-

9

sion of operation (including administrative

10

costs) of such new covered institution, covered

11

institution, new sponsoring organization of a

12

family or group day care home, sponsoring or-

13

ganization of a family or group day care home,

14

or sponsoring organization of an unaffiliated

15

center; and

16

(C) except as provided under subsection

17

(b), that are not reimbursed under a Federal

18

grant.

19

(4) COVERED

20

INSTITUTION.—The

term ‘‘cov-

ered institution’’ means—

21

(A) an institution (as defined in section

22

17(a)(2) of the Richard B. Russell National

23

School Lunch Act (42 U.S.C. 1766(a)(2))); and

24

(B) a family or group day care home.

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1

(5) NEW

COVERED INSTITUTION.—The

term

2

‘‘new covered institution’’ means a covered institu-

3

tion for which no reimbursements were made for

4

meals and supplements under section 17(c) or (f) of

5

the Richard B. Russell National School Lunch Act

6

(42 U.S.C. 1766) with respect to the previous reim-

7

bursement period.

8

(6) NEW

SCHOOL FOOD AUTHORITY.—The

term

9

‘‘new school food authority’’ means a school food au-

10

thority for which no reimbursements were made

11

under the reimbursement sections with respect to

12

the previous reimbursement period.

13

(7) NEW

SPONSORING

ORGANIZATION

OF

A

14

FAMILY OR GROUP DAY CARE.—The

15

sponsoring organization of a family or group day

16

care’’ means a sponsoring organization of a family

17

or group day care home for which no reimburse-

18

ments for administrative funds were made under

19

section 17(f)(3)(B) of the Richard B. Russell Na-

20

tional School Lunch Act (42 U.S.C. 1766(f)(3)(B))

21

for the previous reimbursement period.

22

(8) PREVIOUS

term ‘‘new

REIMBURSEMENT PERIOD.—The

23

term ‘‘previous reimbursement period’’ means the

24

period beginning March 1, 2019 and ending June

25

30, 2019.

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1

(9) PUBLIC

HEALTH EMERGENCY.—The

term

2

‘‘public health emergency’’ means a public health

3

emergency declared pursuant to section 319 of the

4

Public Health Service Act (42 U.S.C. 247d) result-

5

ing from the COVID–19 pandemic or any renewal of

6

such declaration pursuant to such section 319.

7

(10) REIMBURSEMENT

MONTH.—The

term ‘‘re-

8

imbursement month’’ means March 2020, April

9

2020, May 2020, and June 2020.

10

(11) REIMBURSEMENT

11

SECTIONS.—The

term

‘‘reimbursement sections’’ means—

12

(A) section 4(b), section 11(a)(2), section

13

13, and section 17A(c) of the Richard B. Rus-

14

sell National School Lunch Act (42 U.S.C.

15

1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C.

16

1761; 42 U.S.C. 1766a(c)); and

17

(B) section 4 of the Child Nutrition Act

18

(42 U.S.C. 1773).

19

(12)

20

SECRETARY.—The

term

‘‘Secretary’’

means the Secretary of Agriculture.

21

(13) STATE.— The term ‘‘State’’ has the mean-

22

ing given such term in section 12(d)(8) of the Rich-

23

ard B. Russell National School Lunch Act (42

24

U.S.C. 1760(d)(8)).

December 21, 2020 (9:35 a.m.)