[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3979 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3979

 To amend the Families First Coronavirus Response Act to extend child 
                      nutrition waiver authority.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 31, 2022

 Ms. Stabenow (for herself, Ms. Murkowski, Mr. Heinrich, Ms. Collins, 
 Mr. Manchin, Ms. Sinema, Mrs. Gillibrand, Mr. Casey, Mr. Van Hollen, 
     Ms. Smith, Mr. Brown, Ms. Baldwin, Mr. Booker, Mr. Lujan, Ms. 
    Klobuchar, Mr. Durbin, Mr. Warnock, Mr. Markey, Ms. Hirono, Ms. 
 Duckworth, Mr. Sanders, Mr. Reed, Mr. Leahy, Mr. Wyden, Mrs. Shaheen, 
   Ms. Hassan, Mr. Bennet, Mr. Merkley, Ms. Warren, Mr. Padilla, Mr. 
   Warner, Mrs. Murray, Mr. Cardin, Mr. Coons, Ms. Cortez Masto, Mr. 
 Carper, Mr. Schatz, Mr. Peters, Mr. King, Mrs. Feinstein, Ms. Rosen, 
Mr. Menendez, Mr. Kaine, Mr. Blumenthal, Mr. Murphy, Mr. Hickenlooper, 
Mr. Whitehouse, Mr. Kelly, Mr. Ossoff, Mr. Tester, Mr. Schumer, and Ms. 
   Cantwell) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Families First Coronavirus Response Act to extend child 
                      nutrition waiver authority.

    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 ``Support Kids Not Red Tape Act of 
2022''.

SEC. 2. EXTENDING CHILD NUTRITION WAIVER AUTHORITY.

    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)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``due to the COVID-19 
                        pandemic'' after ``(42 U.S.C. 1760(l))'';
                            (ii) in subparagraph (A), by striking 
                        ``and'' after the semicolon and inserting 
                        ``or''; and
                            (iii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) ensuring continuity of program operation 
                under a qualified program.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by inserting ``and 
                        subject to paragraph (3)'' after ``(42 U.S.C. 
                        1760(1))''; and
                            (ii) in subparagraph (B) by striking ``such 
                        section'' and inserting ``section 12(l) of the 
                        Richard B. Russell National School Lunch Act 
                        (42 U.S.C. 1760(l))''; and
                    (C) by adding at the end the following:
            ``(3) Transition plan.--A State that elects to be subject 
        to a waiver under paragraph (2) that alters the operation of a 
        qualified program described in subparagraph (A) or (B) of 
        subsection (g)(1) during the 2022-2023 school year shall submit 
        to the Secretary a transition plan by November 1, 2022.
            ``(4) Technical assistance.--
                    ``(A) In general.--The Secretary shall provide 
                technical assistance to assist school food authorities 
                in meeting nutrition standards during the period in 
                which a waiver established under paragraph (1) is in 
                effect.
                    ``(B) Technical assistance for regular operation.--
                Not later than September 30, 2022, the Secretary shall 
                issue technical assistance to States relating to the 
                statutory and regulatory requirements that a State 
                shall be required to meet to resume regular operation 
                of each qualified program for the 2023-2024 school 
                year.'';
            (2) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively;
            (3) by inserting after subsection (c) the following:
    ``(d) State Action.--If the Secretary issues a waiver under this 
section for meals served under a qualified program for school year 
2022-2023, a State, during the period in which the waiver is in 
effect--
            ``(1) shall provide technical assistance or guidance in 
        lieu of fiscal action for meal pattern violations due to supply 
        chain disruptions;
            ``(2) shall not take fiscal action for meal pattern 
        violations due to supply chain disruptions; and
            ``(3) shall not, in applying fiscal action in any 
        subsequent school year, consider meal pattern violations that 
        occurred due to supply chain disruptions during that period.'';
            (4) in subsection (e) (as so redesignated)--
                    (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'';
            (5) in subsection (f) (as so redesignated)--
                    (A) by striking ``The authority'' and inserting the 
                following:
            ``(1) In general.--The authority'';
                    (B) in paragraph (1) (as so designated), by 
                striking ``June 30'' and all that follows through the 
                period at the end and inserting ``September 30, 
                2023.''; and
                    (C) by adding at the end the following:
            ``(2) Limitation.--A waiver authorized by the Secretary 
        under this section may not be in effect after September 30, 
        2023.
            ``(3) Return to regular operation.--Beginning on October 1, 
        2023, each qualified program for which a waiver is authorized 
        under this section shall resume regular operation.'';
            (6) in subsection (g) (as so redesignated)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Regular operation.--The term `regular operation', 
        with respect to a qualified program, means the operation of the 
        qualified program as if this section was not in effect.''; and
            (7) by adding at the end the following:
    ``(h) Funding.--
            ``(1) In general.--There is appropriated, out of any funds 
        in the Treasury not otherwise appropriated, such sums as are 
        necessary to carry out this section.
            ``(2) Emergency designation.--
                    ``(A) In general.--The amounts provided by 
                paragraph (1) are designated as an emergency 
                requirement pursuant to section 4(g) of the Statutory 
                Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
                    ``(B) Designation in senate.--In the Senate, this 
                section is designated as an emergency requirement 
                pursuant to section 4112(a) of H. Con. Res. 71 (115th 
                Congress), the concurrent resolution on the budget for 
                fiscal year 2018.''.
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