[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).
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