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 aforementioned 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-
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1 ized under the Richard B. Russell National School 

2 Lunch Act (42 U.S.C. 1751 et seq.) shall receive addi3 tional reimbursement in the amount of 40 cents. 

4 (2) TEMPORARY BREAKFAST REIMBURSEMENT.— 

5 Each breakfast served under the school breakfast pro6 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 subpara19 graph (A) to school food authorities partici20 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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1 (A) in the matter preceding subparagraph 

2 (A), by inserting ‘‘due to the COVID–19 pan3 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 in7 serting the following: 

8 ‘‘(B) ensuring continuity of program oper9 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 mat13 ter preceding paragraph (1) and all that follows 

14 through ‘‘A summary’’ in paragraph (1) and in15 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 sub24 section (a) shall only apply to schools or summer food 

25 service program food service sites— 
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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 PRO12 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 author16 ity of the Secretary to establish or grant a waiv17 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 es22 tablish or grant that waiver under this subsection ex23 pires.’’. 

24 (c) APPROPRIATION.—There are appropriated, out of 

25 any funds in the Treasury not otherwise appropriated, such 
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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 Sep5 tember in 2022; and 

6 (2) to— 

7 (A) the summer food service program for 

8 children under section 13 of the Richard B. Rus9 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 sec22 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 supple8 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 reim11 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 Na19 tional School Lunch Act (42 U.S.C. 1766) shall be consid20 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. 
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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 unob17 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 Ad26 ministration in section 5005 of the American Rescue 
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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 Con3 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 bal8 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 (Pub12 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 Consoli15 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 tech21 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. 
ONE HUNDRED

SEVENTEENTH

CONGRESS OF THE

UNITED STATES OF

AMERICA

2D SESS. S. 2089 

SENATE AMENDMENT TO 

HOUSE AMENDMENT