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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2089 Enrolled Bill (ENR)]

        S.2089

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           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 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. 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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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