S. 2089 — Keep Kids Fed Act of 2022, Senate amendment to House amendment (June 23, 2022)
Summary
This Senate document, dated June 23, 2022, resolves that the Senate agree to the amendment of the House of Representatives to the title and text of Senate bill 2089, an Act to amend the Families First Coronavirus Response Act to extend child nutrition waiver authority, and for other purposes. The Senate amendment to the House amendment carries the short title Keep Kids Fed Act of 2022. Section 2 provides that each lunch served under the school lunch program receives additional reimbursement in the amount of 40 cents, and each breakfast served under the school breakfast program receives additional reimbursement in the amount of 15 cents. The additional reimbursement amounts are available only for the school year beginning July 2022.
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Cite this document
“S. 2089 — Keep Kids Fed Act of 2022, Senate amendment to House amendment (June 23, 2022).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s2089eas-bills-117s2089eas/
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In the Senate of the United States,
June 23, 2022.
Resolved, That the Senate agree to the amendment of
the House of Representatives to the title of the bill (S. 2089)
entitled ‘‘An Act to amend the Families First Coronavirus
Response Act to extend child nutrition waiver authority, and
for other purposes.’’, and be it further
Resolved, That the Senate agree to the amendment of
the House of Representatives to the text of the aforemen-
tioned bill with the following
SENATE AMENDMENT TO HOUSE AMENDMENT:
In lieu of the matter proposed to be inserted, insert
the following:
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Keep Kids Fed Act of
3 2022’’.
4 SEC. 2. SUPPORT FOR CHILD NUTRITION PROGRAMS.
5 (a) IN GENERAL.—
6 (1) TEMPORARY LUNCH REIMBURSEMENT.—Each
7 lunch served under the school lunch program author-
2
1 ized under the Richard B. Russell National School
2 Lunch Act (42 U.S.C. 1751 et seq.) shall receive addi-
3 tional reimbursement in the amount of 40 cents.
4 (2) TEMPORARY BREAKFAST REIMBURSEMENT.—
5 Each breakfast served under the school breakfast pro-
6 gram established by section 4 of the Child Nutrition
7 Act of 1966 (42 U.S.C. 1773) shall receive additional
8 reimbursement in the amount of 15 cents.
9 (3) LIMITATION.—The additional reimbursement
10 amounts authorized under this subsection shall only
11 be available for the school year beginning July 2022.
12 (4) APPROPRIATIONS.—
13 (A) IN GENERAL.—There is appropriated,
14 out of any funds in the Treasury not otherwise
15 appropriated, such sums as are necessary to
16 carry out this subsection.
17 (B) DISBURSEMENT.—A State agency shall
18 disburse funds made available under subpara-
19 graph (A) to school food authorities partici-
20 pating in the school meal programs described in
21 paragraphs (1) and (2).
22 (b) EXTENSION OF WAIVERS.—Section 2202 of the
23 Families First Coronavirus Response Act (42 U.S.C. 1760
24 note; Public Law 116–127) is amended—
25 (1) in subsection (a)(1)—
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3
1 (A) in the matter preceding subparagraph
2 (A), by inserting ‘‘due to the COVID–19 pan-
3 demic’’ after ‘‘(42 U.S.C. 1760(l))’’;
4 (B) in subparagraph (A), by striking ‘‘and’’
5 after the semicolon and inserting ‘‘or’’; and
6 (C) by striking subparagraph (B) and in-
7 serting the following:
8 ‘‘(B) ensuring continuity of program oper-
9 ation under a qualified program.’’;
10 (2) in subsection (d)—
11 (A) by striking paragraph (2); and
12 (B) by striking ‘‘the following:’’ in the mat-
13 ter preceding paragraph (1) and all that follows
14 through ‘‘A summary’’ in paragraph (1) and in-
15 serting ‘‘a summary’’; and
16 (3) by striking subsection (e) and inserting the
17 following:
18 ‘‘(e) SUNSET.—
19 ‘‘(1) NATIONWIDE WAIVERS.—The authority of
20 the Secretary to establish or grant a waiver under
21 subsection (a) shall expire on September 30, 2022.
22 ‘‘(2) WAIVER RESTRICTION.—After June 30,
23 2022, a waiver established or granted under sub-
24 section (a) shall only apply to schools or summer food
25 service program food service sites—
† S 2089 EAS
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1 ‘‘(A) operating—
2 ‘‘(i) the qualified program described in
3 subsection (f)(1)(D); or
4 ‘‘(ii) the option described in section
5 13(a)(8) of the Richard B. Russell National
6 School Lunch Act (42 U.S.C. 1761(a)(8));
7 and
8 ‘‘(B) not operating the qualified program
9 described in subsection (f)(1)(A).
10 ‘‘(3) OTHER WAIVERS.—
11 ‘‘(A) CHILD AND ADULT CARE FOOD PRO-
12 GRAM WAIVER.—The authority of the Secretary
13 to establish or grant a waiver under subsection
14 (b) shall expire on June 30, 2022.
15 ‘‘(B) MEAL PATTERN WAIVER.—The author-
16 ity of the Secretary to establish or grant a waiv-
17 er under subsection (c) shall expire on June 30,
18 2023.
19 ‘‘(4) LIMITATIONS.—A waiver authorized by the
20 Secretary under this section shall not be in effect after
21 the date on which the authority of the Secretary to es-
22 tablish or grant that waiver under this subsection ex-
23 pires.’’.
24 (c) APPROPRIATION.—There are appropriated, out of
25 any funds in the Treasury not otherwise appropriated, such
† S 2089 EAS
5
1 sums as are necessary to provide waivers under section
2 2202(a) of the Families First Coronavirus Response Act (42
3 U.S.C. 1760 note; Public Law 116–127) that apply—
4 (1) only during the months of May through Sep-
5 tember in 2022; and
6 (2) to—
7 (A) the summer food service program for
8 children under section 13 of the Richard B. Rus-
9 sell National School Lunch Act (42 U.S.C.
10 1761); or
11 (B) the option described in section 13(a)(8)
12 of that Act (42 U.S.C. 1761(a)(8)).
13 (d) NATIONWIDE WAIVER FOR SCHOOL YEAR 2022-
14 2023.—
15 (1) IN GENERAL.—For purposes of school year
16 2022-2023, the Secretary of Agriculture may establish
17 waivers under section 12(l) of the Richard B. Russell
18 National School Lunch Act (42 U.S.C. 1760(l))—
19 (A) on a nationwide basis; and
20 (B) without regard to the requirements
21 under paragraphs (1), (2), and (3) of such sec-
22 tion that a State or eligible service provider shall
23 submit an application for a waiver request.
24 (2) SUNSET.—A nationwide waiver established
25 by the Secretary of Agriculture under section 12(l) of
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1 the Richard B. Russell National School Lunch Act
2 (42 U.S.C. 1760(l)) pursuant to paragraph (1) shall
3 not be in effect after June 30, 2023.
4 SEC. 3. CHILD AND ADULT CARE FOOD PROGRAM.
5 (a) IN GENERAL.—
6 (1) TEMPORARY ADDITIONAL REIMBURSEMENT
7 FOR 2022-2023 SCHOOL YEAR.—Each meal and supple-
8 ment served under the program authorized by section
9 17 of the Richard B. Russell National School Lunch
10 Act (42 U.S.C. 1766) shall receive additional reim-
11 bursement in the amount of 10 cents.
12 (2) LIMITATION.—The additional reimbursement
13 amount authorized under paragraph (1) shall only be
14 available for the school year beginning July 2022.
15 (b) TIER DETERMINATIONS FOR 2022-2023 SCHOOL
16 YEAR.—For the school year beginning July 2022, a tier II
17 family or group day care home described in subsection
18 (f)(3)(A)(iii) of section 17 of the Richard B. Russell Na-
19 tional School Lunch Act (42 U.S.C. 1766) shall be consid-
20 ered a tier I family or group day care home for purposes
21 of the program authorized under that section.
22 (c) APPROPRIATIONS.—There are appropriated, out of
23 any funds in the Treasury not otherwise appropriated, such
24 sums as are necessary to carry out this section.
† S 2089 EAS
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1 SEC. 4. RESCISSIONS AND SUNSET.
2 (a) RESCISSIONS.—
3 (1) USDA.—
4 (A) Of the unobligated balances from
5 amounts made available to the Department of
6 Agriculture in section 1001(a) of the American
7 Rescue Plan Act of 2021 (7 U.S.C. 7501 note;
8 Public Law 117–2), $1,000,000,000 are hereby
9 permanently rescinded.
10 (B) Of the unobligated balances from
11 amounts made available to the Department of
12 Agriculture in section 751 of division N of the
13 Consolidated Appropriations Act, 2021 (Public
14 Law 116–260; 134 Stat. 2105), $400,000,000 are
15 hereby permanently rescinded.
16 (2) DEPARTMENT OF EDUCATION.—Of the unob-
17 ligated balances from amounts made available to the
18 Department of Education in section 2003 of title II
19 of the American Rescue Plan Act of 2021 (Public Law
20 117–2; 135 Stat. 23) and allocated to institutions of
21 higher education as defined in section 102(b) of the
22 Higher Education Act of 1965 (20 U.S.C. 1002(b)),
23 $400,000,000 are hereby permanently rescinded.
24 (3) SBA.—Of the unobligated balances from
25 amounts made available to the Small Business Ad-
26 ministration in section 5005 of the American Rescue
† S 2089 EAS
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1 Plan Act of 2021 (Public Law 117–2; 135 Stat. 91)
2 and in section 323(d)(1)(H) of division N of the Con-
3 solidated Appropriations Act, 2021 (Public Law 116–
4 260; 134 Stat. 2021) to carry out section 324 of such
5 division of such Act (15 U.S.C. 9009a),
6 $1,200,000,000 are hereby permanently rescinded.
7 (b) ADDITIONAL RESCISSION.—Of the unobligated bal-
8 ances from amounts made available to the Department of
9 Agriculture under the heading ‘‘Agricultural Programs—
10 Office of the Secretary’’ in title I of division B of the
11 Coronavirus Aid, Relief, and Economic Security Act (Pub-
12 lic Law 116–136; 134 Stat. 505), $600,000,000 are hereby
13 permanently rescinded.
14 (c) SUNSET.—Section 756 of division N of the Consoli-
15 dated Appropriations Act, 2021 (7 U.S.C. 2254c), is
16 amended by striking ‘‘for fiscal year’’ and all that follows
17 through ‘‘thereafter’’ and inserting ‘‘for each of fiscal years
18 2021 and 2022’’.
19 SEC. 5. OPERATIONALLY READY.
20 The Secretary of Agriculture shall ensure that tech-
21 nical assistance is made available to States and school food
22 authorities for purposes of assisting parents and school
23 leaders with respect to the transition of operating school
24 meal programs not pursuant to a waiver under section 2(d)
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1 or section 2202 of the Families First Coronavirus Response
2 Act (42 U.S.C. 1760 note; Public Law 116–127).
Attest:
Secretary.
† S 2089 EAS
ONE HUNDRED
SEVENTEENTH
CONGRESS OF THE
UNITED STATES OF
AMERICA
2D SESS. S. 2089
SENATE AMENDMENT TO
HOUSE AMENDMENT
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