[Congressional Record Volume 168, Number 43 (Thursday, March 10, 2022)]
[Senate]
[Pages S1128-S1129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4994. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 2471, to measure the progress of post-disaster 
recovery and efforts to address corruption, governance, rule of law, 
and media freedoms in Haiti; which was ordered to lie on the table; as 
follows:
       At the appropriate place, insert the following:

     SEC. __. 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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