Food and Nutrition Provider Emergency Support Act of 2020

To provide reimbursements for the child care operational emergency costs of certain institutions during the COVID–19 pandemic, and for other purposes. 1. Short title This Act may be cited as the Food and Nutrition Provider Emergency Support Act of 2020 2. Child care operational emergency costs during COVID–19 pandemic (a) 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 (4)(C), administrative expenses necessary to make such reimbursements. (B) Guidance with respect to program Not later than 10 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), 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 amount 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 new covered institution in the State for the reimbursement month, an amount equal to 55 percent of— (i) the average monthly 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 (ii) the amount such covered institution was reimbursed under such section for meals and supplements served by such new covered institution during such reimbursement month. (B) 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 (ii) the amount such covered institution was reimbursed under such section for meals and supplements served by such covered institution during such reimbursement month. (C) For each new sponsoring organization of a family or group day care home in the State for the reimbursement month, an amount equal to 55 percent of— (i) the average monthly amount such new 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) (ii) the amount such new sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for the reimbursement month. (D) 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) (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) Treatment of funds (A) Availability Funds allocated to a State under paragraph (1)(A) shall remain available until March 30, 2021. (B) Unaffiliated center In the case of a covered institution or a new 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), 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 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 September 30, 2021, any amounts allocated to a State under paragraph (1)(A) or reimbursed to a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home that are unexpended by such State, new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home, shall revert to the Secretary. (5) Reports Each State that carries out a reimbursement program under paragraph (3) shall, not later than September 30, 2021, submit a report to the Secretary that includes a summary of the use of such funds by the State and each new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home. (b) Definitions In this section: (1) Child care operational emergency costs The term child care operational emergency costs 42 U.S.C. 1766 (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 new covered institution, covered institution, new sponsoring organization of a family or group day care home, 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. (2) Covered institution The term covered institution (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) (B) a family or group day care home. (3) New covered institution The term new covered institution 42 U.S.C. 1766 (4) New sponsoring organization of a family or group day care The term new sponsoring organization of a family or group day care 42 U.S.C. 1766(f)(3)(B) (5) Previous reimbursement period The term previous reimbursement period (6) Public health emergency The term public health emergency 42 U.S.C. 247d (7) Reimbursement month The term reimbursement month (8) Secretary The term Secretary (9) State The term State 42 U.S.C. 1760(d)(8)

Summary: Food and Nutrition Provider Emergency Support Act of 2020 This bill directs the Food and Nutrition Service (FNS) to allocate additional funds to states to reimburse institutions for a specified percentage of the costs to operate child and adult care food programs during the period beginning March 2020 through June 2020. Further, the FNS must issue guidance for the implementation of this bill not later than 10 days after enactment.