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.’’; 
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(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. 
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 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. 
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 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.