[Congressional Record Volume 168, Number 107 (Thursday, June 23, 2022)]
[Senate]
[Pages S3172-S3173]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5133. Ms. STABENOW proposed an amendment to the bill S. 2089, to 
amend the Families First Coronavirus Response Act to extend child 
nutrition waiver authority, and for other purposes; as follows:

        In lieu of the matter proposed to be inserted, insert the 
     following:

     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.

[[Page S3173]]

     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).
                                 ______