S. 2089 (One Hundred Seventeenth Congress) — An Act to amend the Families First Coronavirus Response Act
Summary
S. 2089 is an Act of the One Hundred Seventeenth Congress of the United States of America that may be cited as the Keep Kids Fed Act of 2022. It amends the Families First Coronavirus Response Act to extend child nutrition waiver authority. Section 2 provides additional reimbursement of 40 cents for each lunch served under the school lunch program and 15 cents for each breakfast served under the school breakfast program, available only for the school year beginning July 2022. It states that the authority of the Secretary to establish or grant a waiver under subsection (a) expires on September 30, 2022. Section 3 provides additional reimbursement of 10 cents for each meal and supplement served under the Child and Adult Care Food Program for the school year beginning July 2022.
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“S. 2089 (One Hundred Seventeenth Congress) — An Act to amend the Families First Coronavirus Response Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s2089enr-bills-117s2089enr/
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S. 2089
One Hundred Seventeenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
To amend the Families First Coronavirus Response Act to extend child nutrition
waiver authority, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 break-
fast 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.’’;
S. 2089—2
(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 Sec-
retary 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 sec-
tion 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 para-
graphs (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 Sec-
retary of Agriculture under section 12(l) of the Richard B.
S. 2089—3
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. 1766) shall receive addi-
tional 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 bal-
ances from amounts made available to the Department of Edu-
cation 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 perma-
nently 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.
S. 2089—4
(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 assist-
ance 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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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