Feeding Children Not Fraudsters Act of 2023

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 (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 (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) (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) (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 (2) Child nutrition program The term child nutrition program 42 U.S.C. 1751 et seq. 42 U.S.C. 1771 et seq. (3) Covered period The term covered period (A) beginning on January 1, 2020; and (B) ending on December 31, 2022. (4) Covered State agency The term covered State agency (5) Institution The term institution 42 U.S.C. 1766(a)(2) (6) Known fraud The term known fraud (A) the Department of Justice; (B) the Department of Agriculture; or (C) an appropriate State official. (7) Secretary The term Secretary (8) Service institution The term service institution 42 U.S.C. 1761(a)(1)

Summary: Feeding Children Not Fraudsters Act of 2023This bill directs the Department of Agriculture (USDA) to audit state agencies for known fraud (i.e., child nutrition program fraud for which any person is investigated, charged, or convicted by the Department of Justice, USDA, or a state official). Under the bill, a state agency is one that serves a local agency, institution, or service institution administering or operating a child nutrition program under which known fraud was committed.Specifically, USDA must annually audit a state agency for the period of January 1, 2020, through December 31, 2022, for known fraud, including fraud carried out under the Child and Adult Care Food Program (CACFP), the Summer Food Service Program, and child nutrition COVID–19 waivers.The audit must examine specific areas, including (1) oversight measures by a state agency; (2) hearings conducted by a state agency after being made aware of such fraud; and (3) overpayments, improper payments, or fraudulent uses of funds by a local agency, institution, or service institution served by a state agency.USDA must submit a report to Congress on the audits. A state agency that is being audited must fully cooperate with an audit, including by providing any requested information, in order to participate in or operate any child nutrition program.Further, USDA and state agencies must retain certain records related to fraud.