I 
117TH CONGRESS 
1ST SESSION H. R. 4904 
To provide for emergency operational cost reimbursements for child nutrition 
programs for certain additional months, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 3, 2021 
Ms. ADAMS (for herself, Mr. TRONE, Ms. NEWMAN, Mr. THOMPSON of Mis-
sissippi, Ms. CLARKE of New York, Mr. VARGAS, Ms. BONAMICI, and 
Mrs. HAYES) introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To provide for emergency operational cost reimbursements 
for child nutrition programs for certain additional 
months, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Child and 
Adult Nutrition Assistance Act of 2021’’. 
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SEC. 2. EMERGENCY OPERATIONAL COSTS REIMBURSE-
MENTS FOR OTHER MONTHS. 
(a) USE OF CERTAIN APPROPRIATIONS TO COVER 
EMERGENCY OPERATIONAL COSTS UNDER SCHOOL MEAL 
PROGRAM.— 
(1) IN GENERAL.— 
(A) REQUIRED
ALLOTMENTS.—Notwith-
standing any other provision of law, the Sec-
retary shall allocate to each State that partici-
pates in the reimbursement program under 
paragraph (3) such amounts as may be nec-
essary to carry out reimbursements under such 
paragraph for each reimbursement month, in-
cluding, subject to paragraph (5)(B), adminis-
trative expenses necessary to make such reim-
bursements. 
(B) GUIDANCE
WITH
RESPECT
TO
PRO-
GRAM.—Not later than 30 days after the date 
of the enactment of this section, the Secretary 
shall issue guidance with respect to the reim-
bursement program under paragraph (3). 
(2) 
REIMBURSEMENT
PROGRAM
APPLICA-
TION.—To participate in the reimbursement pro-
gram under paragraph (3), not later than 30 days 
after the date described in paragraph (1)(B), a 
State shall submit an application to the Secretary 
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that includes a plan to calculate and disburse reim-
bursements under the reimbursement program under 
paragraph (3). 
(3) REIMBURSEMENT PROGRAM.— 
(A) Subject to paragraphs (4) and (5)(D), 
using the amounts allocated under paragraph 
(1)(A), a State participating in the reimburse-
ment program under this paragraph shall make 
reimbursements for emergency operational costs 
for each reimbursement month in accordance 
with subparagraph (B). 
(B) For each school food authority in the 
State for the reimbursement month, an amount 
equal to 55 percent of— 
(i) the amount such school food au-
thority was reimbursed under the reim-
bursement sections for meals and supple-
ments served by such school food authority 
for the month beginning one year before 
such reimbursement month; minus 
(ii) the amount such school food au-
thority was reimbursed under the reim-
bursement sections for meals and supple-
ments served by such school food authority 
during such reimbursement month. 
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(4) EFFECT OF NEGATIVE NUMBER.—If a sub-
traction performed under subparagraph (A) or (B) 
of paragraph (3) results in a negative number, the 
reimbursement amount calculated under such sub-
paragraph shall equal zero. 
(5) TREATMENT OF FUNDS.— 
(A) AVAILABILITY.—Funds allocated to a 
State under paragraph (1)(A) shall remain 
available until September 30, 2022. 
(B) ADMINISTRATIVE EXPENSES.—A State 
may reserve not more than 1 percent of the 
funds allocated under paragraph (1)(A) for ad-
ministrative expenses to carry out this sub-
section. 
(C) UNEXPENDED BALANCE.—On March 
31, 2023, any amounts allocated to a State 
under paragraph (1)(A) or reimbursed to a 
school food authority under paragraph (3) that 
are unexpended by such State or school food 
authority shall revert to the Secretary. 
(D) LIMITATION
ON
USE
OF
FUNDS.— 
Funds allocated to a State under paragraph 
(1)(A) may only be made available to a school 
food authority that— 
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(i) submits a claim to such State for 
meals, supplements, or administrative costs 
with respect to a month occurring during 
the period beginning August 1, 2020, and 
ending June 30, 2021; or 
(ii) provides an assurance to such 
State that the school food authority will 
submit a claim to such State for meals, 
supplements, or administrative costs with 
respect to a month occurring during the 
first full semester (or equivalent term) 
after the conclusion of the public health 
emergency, as determined by such State. 
(6) REPORTS.—Each State that carries out a 
reimbursement program under paragraph (3) shall, 
not later than March 31, 2023, submit a report to 
the Secretary that includes a summary of the use of 
such funds by the State and each school food au-
thority in such State. 
(b) USE OF CERTAIN APPROPRIATIONS TO COVER 
CHILD AND ADULT CARE FOOD PROGRAM CHILD CARE 
OPERATIONAL EMERGENCY COSTS DURING COVID–19 
PANDEMIC.— 
(1) IN GENERAL.— 
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(A) REQUIRED
ALLOTMENTS.—Notwith-
standing any other provision of law, the Sec-
retary shall allocate to each State that partici-
pates in the reimbursement program under 
paragraph (3) such amounts as may be nec-
essary to carry out reimbursements under such 
paragraph for each reimbursement month, in-
cluding, subject to paragraph (5)(C), adminis-
trative expenses necessary to make such reim-
bursements. 
(B) GUIDANCE
WITH
RESPECT
TO
PRO-
GRAM.—Not later than 30 days after the date 
of the enactment of this section, the Secretary 
shall issue guidance with respect to the reim-
bursement program under paragraph (3). 
(2) 
REIMBURSEMENT
PROGRAM
APPLICA-
TION.—To participate in the reimbursement pro-
gram under paragraph (3), not later than 30 days 
after the date described in paragraph (1)(B), a 
State shall submit an application to the Secretary 
that includes a plan to calculate and disburse reim-
bursements under the reimbursement program under 
paragraph (3). 
(3) REIMBURSEMENT
PROGRAM.—Subject to 
paragraphs (4) and (5)(E), using the amounts allo-
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cated 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 covered institution not de-
scribed in subparagraph (A) in the State for 
the reimbursement month, an amount equal to 
55 percent of— 
(i) the amount such covered institu-
tion 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) for meals and sup-
plements served by such covered institution 
during the month beginning one year be-
fore such reimbursement month; minus 
(ii) the amount such covered institu-
tion was reimbursed under such section for 
meals and supplements served by such cov-
ered institution during such reimbursement 
month. 
(B) For each sponsoring organization of a 
family or group day care home not described in 
subparagraph (C) in the State for the reim-
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bursement month, an amount equal to 55 per-
cent of— 
(i) the amount such sponsoring orga-
nization of a family or group day care 
home 
was 
reimbursed 
under 
section 
17(f)(3)(B) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 
1766(f)(3)(B)) for administrative funds for 
the month beginning one year before such 
reimbursement month; minus 
(ii) the amount such sponsoring orga-
nization of a family or group day care 
home was reimbursed under such section 
for administrative funds for such reim-
bursement month. 
(4) EFFECT OF NEGATIVE NUMBER.—If a sub-
traction performed under subparagraph (A), (B), 
(C), or (D) of paragraph (3) results in a negative 
number, the reimbursement amount calculated under 
such subparagraph shall equal zero. 
(5) TREATMENT OF FUNDS.— 
(A) AVAILABILITY.—Funds allocated to a 
State under paragraph (1)(A) shall remain 
available until September 30, 2022. 
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(B) UNAFFILIATED CENTER.—In the case 
of a covered institution that is an unaffiliated 
center that is sponsored by a sponsoring organi-
zation and receives funds for a reimbursement 
month under subparagraph (A) or (B) of para-
graph (3), such unaffiliated center shall provide 
to such sponsoring organization an amount of 
such funds as agreed to by the sponsoring orga-
nization and the unaffiliated center, except such 
amount may not be greater be 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 ad-
ministrative expenses to carry out this sub-
section. 
(D) UNEXPENDED BALANCE.—On March 
31, 2023, any amounts allocated to a State 
under paragraph (1)(A) or reimbursed to a cov-
ered institution or sponsoring organization of a 
family or group day care home that are unex-
pended by such State, covered institution, or 
sponsoring organization of a family or group 
day care home, shall revert to the Secretary. 
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(E) LIMITATION
ON
USE
OF
FUNDS.— 
Funds allocated to a State under paragraph 
(1)(A) may only be made available to a covered 
institution or sponsoring organization of a fam-
ily or group day care home that— 
(i) submits a claim to such State for 
meals, supplements, or administrative costs 
with respect to a month occurring during 
the period beginning August 1, 2020, and 
ending June 30, 2021; or 
(ii) provides an assurance to such 
State that the covered institution or spon-
soring organization of a family or group 
day care home will submit a claim to such 
State for meals, supplements, or adminis-
trative costs with respect to a month oc-
curring within 90 days after the conclusion 
of the public health emergency. 
(6) REPORTS.—Each State that carries out a 
reimbursement program under paragraph (3) shall, 
not later than March 31, 2023, submit a report to 
the Secretary that includes a summary of the use of 
such funds by the State and each covered institution 
or sponsoring organization of a family or group day 
care home. 
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(c) FUNDING.—There are appropriated to the Sec-
retary, out of any funds in the Treasury not otherwise 
appropriated, such sums as are necessary to carry out this 
section. 
(d) DEFINITIONS.—In this section: 
(1) EMERGENCY
OPERATIONAL
COSTS.—The 
term ‘‘emergency operational costs’’ means the costs 
incurred by a school food authority— 
(A) during a public health emergency; 
(B) that are related to the ongoing oper-
ation, modified operation, or temporary suspen-
sion of operation (including administrative 
costs) of such school food authority; and 
(C) except as provided under subsection 
(a), that are not reimbursed under a Federal 
grant. 
(2) CHILD
CARE
OPERATIONAL
EMERGENCY 
COSTS.—The term ‘‘child care operational emergency 
costs’’ means the costs under the child and adult 
care food program under section 17 of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1766) incurred by a covered institution or spon-
soring organization of a family or group day care 
home— 
(A) during a public health emergency; 
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(B) that are related to the ongoing oper-
ation, modified operation, or temporary suspen-
sion of operation (including administrative 
costs) of such covered institution, sponsoring 
organization of a family or group day care 
home, or sponsoring organization of an unaffili-
ated center; and 
(C) except as provided under subsection 
(b), that are not reimbursed under a Federal 
grant. 
(3) COVERED
INSTITUTION.—The term ‘‘cov-
ered institution’’ means— 
(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))); and 
(B) a family or group day care home. 
(4) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’ means a public health 
emergency declared pursuant to section 319 of the 
Public Health Service Act (42 U.S.C. 247d) result-
ing from the COVID–19 pandemic or any renewal of 
such declaration pursuant to such section 319. 
(5) REIMBURSEMENT MONTH.—The term ‘‘re-
imbursement month’’ means August 2020, Sep-
tember 2020, October 2020, November 2020, De-
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cember 2020, January 2021, February 2021, March 
2021, April 2021, May 2021, and June 2021. 
(6) REIMBURSEMENT
SECTIONS.—The term 
‘‘reimbursement sections’’ means— 
(A) section 4(b), section 11(a)(2), section 
13, and section 17A(c) of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 
1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 
1761; 42 U.S.C. 1766a(c)); and 
(B) section 4 of the Child Nutrition Act 
(42 U.S.C. 1773). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(8) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 12(d)(8) of the Rich-
ard B. Russell National School Lunch Act (42 
U.S.C. 1760(d)(8)). 
Æ 
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