[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2089 Enrolled Bill (ENR)]
S.2089
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
To amend the Families First Coronavirus Response Act to extend child
nutrition waiver authority, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Kids Fed Act of 2022''.
SEC. 2. SUPPORT FOR CHILD NUTRITION PROGRAMS.
(a) In General.--
(1) Temporary lunch reimbursement.--Each lunch served under the
school lunch program authorized under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) shall receive
additional reimbursement in the amount of 40 cents.
(2) Temporary breakfast reimbursement.--Each breakfast served
under the school breakfast program established by section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773) shall receive
additional reimbursement in the amount of 15 cents.
(3) Limitation.--The additional reimbursement amounts
authorized under this subsection shall only be available for the
school year beginning July 2022.
(4) Appropriations.--
(A) In general.--There is appropriated, out of any funds in
the Treasury not otherwise appropriated, such sums as are
necessary to carry out this subsection.
(B) Disbursement.--A State agency shall disburse funds made
available under subparagraph (A) to school food authorities
participating in the school meal programs described in
paragraphs (1) and (2).
(b) Extension of Waivers.--Section 2202 of the Families First
Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))'';
(B) in subparagraph (A), by striking ``and'' after the
semicolon and inserting ``or''; and
(C) by striking subparagraph (B) and inserting the
following:
``(B) ensuring continuity of program operation under a
qualified program.'';
(2) in subsection (d)--
(A) by striking paragraph (2); and
(B) by striking ``the following:'' in the matter preceding
paragraph (1) and all that follows through ``A summary'' in
paragraph (1) and inserting ``a summary''; and
(3) by striking subsection (e) and inserting the following:
``(e) Sunset.--
``(1) Nationwide waivers.--The authority of the Secretary to
establish or grant a waiver under subsection (a) shall expire on
September 30, 2022.
``(2) Waiver restriction.--After June 30, 2022, a waiver
established or granted under subsection (a) shall only apply to
schools or summer food service program food service sites--
``(A) operating--
``(i) the qualified program described in subsection
(f)(1)(D); or
``(ii) the option described in section 13(a)(8) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1761(a)(8)); and
``(B) not operating the qualified program described in
subsection (f)(1)(A).
``(3) Other waivers.--
``(A) Child and adult care food program waiver.--The
authority of the Secretary to establish or grant a waiver under
subsection (b) shall expire on June 30, 2022.
``(B) Meal pattern waiver.--The authority of the Secretary
to establish or grant a waiver under subsection (c) shall
expire on June 30, 2023.
``(4) Limitations.--A waiver authorized by the Secretary under
this section shall not be in effect after the date on which the
authority of the Secretary to establish or grant that waiver under
this subsection expires.''.
(c) Appropriation.--There are appropriated, out of any funds in the
Treasury not otherwise appropriated, such sums as are necessary to
provide waivers under section 2202(a) of the Families First Coronavirus
Response Act (42 U.S.C. 1760 note; Public Law 116-127) that apply--
(1) only during the months of May through September in 2022;
and
(2) to--
(A) the summer food service program for children under
section 13 of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1761); or
(B) the option described in section 13(a)(8) of that Act
(42 U.S.C. 1761(a)(8)).
(d) Nationwide Waiver for School Year 2022-2023.--
(1) In general.--For purposes of school year 2022-2023, the
Secretary of Agriculture may establish waivers under section 12(l)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(l))--
(A) on a nationwide basis; and
(B) without regard to the requirements under paragraphs
(1), (2), and (3) of such section that a State or eligible
service provider shall submit an application for a waiver
request.
(2) Sunset.--A nationwide waiver established by the Secretary
of Agriculture under section 12(l) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(l)) pursuant to paragraph
(1) shall not be in effect after June 30, 2023.
SEC. 3. CHILD AND ADULT CARE FOOD PROGRAM.
(a) In General.--
(1) Temporary additional reimbursement for 2022-2023 school
year.--Each meal and supplement served under the program authorized
by section 17 of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1766) shall receive additional reimbursement in the
amount of 10 cents.
(2) Limitation.--The additional reimbursement amount authorized
under paragraph (1) shall only be available for the school year
beginning July 2022.
(b) Tier Determinations for 2022-2023 School Year.--For the school
year beginning July 2022, a tier II family or group day care home
described in subsection (f)(3)(A)(iii) of section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766) shall be considered
a tier I family or group day care home for purposes of the program
authorized under that section.
(c) Appropriations.--There are appropriated, out of any funds in
the Treasury not otherwise appropriated, such sums as are necessary to
carry out this section.
SEC. 4. RESCISSIONS AND SUNSET.
(a) Rescissions.--
(1) USDA.--
(A) Of the unobligated balances from amounts made available
to the Department of Agriculture in section 1001(a) of the
American Rescue Plan Act of 2021 (7 U.S.C. 7501 note; Public
Law 117-2), $1,000,000,000 are hereby permanently rescinded.
(B) Of the unobligated balances from amounts made available
to the Department of Agriculture in section 751 of division N
of the Consolidated Appropriations Act, 2021 (Public Law 116-
260; 134 Stat. 2105), $400,000,000 are hereby permanently
rescinded.
(2) Department of education.--Of the unobligated balances from
amounts made available to the Department of Education in section
2003 of title II of the American Rescue Plan Act of 2021 (Public
Law 117-2; 135 Stat. 23) and allocated to institutions of higher
education as defined in section 102(b) of the Higher Education Act
of 1965 (20 U.S.C. 1002(b)), $400,000,000 are hereby permanently
rescinded.
(3) SBA.--Of the unobligated balances from amounts made
available to the Small Business Administration in section 5005 of
the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat.
91) and in section 323(d)(1)(H) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2021) to
carry out section 324 of such division of such Act (15 U.S.C.
9009a), $1,200,000,000 are hereby permanently rescinded.
(b) Additional Rescission.--Of the unobligated balances from
amounts made available to the Department of Agriculture under the
heading ``Agricultural Programs--Office of the Secretary'' in title I
of division B of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136; 134 Stat. 505), $600,000,000 are hereby
permanently rescinded.
(c) Sunset.--Section 756 of division N of the Consolidated
Appropriations Act, 2021 (7 U.S.C. 2254c), is amended by striking ``for
fiscal year'' and all that follows through ``thereafter'' and inserting
``for each of fiscal years 2021 and 2022''.
SEC. 5. OPERATIONALLY READY.
The Secretary of Agriculture shall ensure that technical assistance
is made available to States and school food authorities for purposes of
assisting parents and school leaders with respect to the transition of
operating school meal programs not pursuant to a waiver under section
2(d) or section 2202 of the Families First Coronavirus Response Act (42
U.S.C. 1760 note; Public Law 116-127).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.