[117th Congress Public Law 158]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 1309]]
Public Law 117-158
117th Congress
An Act
To amend the Families First Coronavirus Response Act to extend child
nutrition waiver authority, and for other purposes. <<NOTE: June 25,
2022 - [S. 2089]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Keep Kids Fed
Act of 2022.>>
SECTION 1. <<NOTE: 42 USC 1751 note.>> SHORT TITLE.
This Act may be cited as the ``Keep Kids Fed Act of 2022''.
SEC. 2. SUPPORT FOR CHILD NUTRITION PROGRAMS.
(a) <<NOTE: 42 USC 1753 note.>> 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) <<NOTE: Time period.>> 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.'';
[[Page 136 STAT. 1310]]
(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) <<NOTE: Applicability.>> 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) <<NOTE: Time period.>> 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) <<NOTE: 42 USC 1760 note.>> 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.
[[Page 136 STAT. 1311]]
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. <<NOTE: 42 USC 1766 note.>> 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.
[[Page 136 STAT. 1312]]
(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. <<NOTE: 42 USC 1760 note.>> 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).
Approved June 25, 2022.
LEGISLATIVE HISTORY--S. 2089:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
Mar. 7, considered and passed Senate.
June 23, considered and passed House, amended. Senate
concurred
in House amendments with an amendment.
June 24, House concurred in Senate amendment.
<all>