II 

117TH CONGRESS 

2D SESSION S. 3979 

To amend the Families First Coronavirus Response Act to extend child 

nutrition waiver authority. 

IN THE SENATE OF THE UNITED STATES 

MARCH 31, 2022 

Ms. STABENOW (for herself, Ms. MURKOWSKI, Mr. HEINRICH, Ms. COLLINS, 

Mr. MANCHIN, Ms. SINEMA, Mrs. GILLIBRAND, Mr. CASEY, Mr. VAN

HOLLEN, Ms. SMITH, Mr. BROWN, Ms. BALDWIN, Mr. BOOKER, Mr. 

LUJA ́N, Ms. KLOBUCHAR, Mr. DURBIN, Mr. WARNOCK, Mr. MARKEY, 

Ms. HIRONO, Ms. DUCKWORTH, Mr. SANDERS, Mr. REED, Mr. LEAHY, 

Mr. WYDEN, Mrs. SHAHEEN, Ms. HASSAN, Mr. BENNET, Mr. MERKLEY, 

Ms. WARREN, Mr. PADILLA, Mr. WARNER, Mrs. MURRAY, Mr. CARDIN, 

Mr. COONS, Ms. CORTEZ MASTO, Mr. CARPER, Mr. SCHATZ, Mr. 

PETERS, Mr. KING, Mrs. FEINSTEIN, Ms. ROSEN, Mr. MENENDEZ, Mr. 

KAINE, Mr. BLUMENTHAL, Mr. MURPHY, Mr. HICKENLOOPER, Mr. 

WHITEHOUSE, Mr. KELLY, Mr. OSSOFF, Mr. TESTER, Mr. SCHUMER, 

and Ms. CANTWELL) introduced the following bill; which was read twice 

and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Families First Coronavirus Response Act to 

extend child nutrition waiver authority. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Support Kids Not Red 

5 Tape Act of 2022’’. 


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1 SEC. 2. EXTENDING CHILD NUTRITION WAIVER AUTHOR2 ITY. 

3 Section 2202 of the Families First Coronavirus Re4 sponse Act (42 U.S.C. 1760 note; Public Law 116–127) 

5 is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) in the matter preceding subpara9 graph (A), by inserting ‘‘due to the 

10 COVID–19 pandemic’’ after ‘‘(42 U.S.C. 

11 1760(l))’’; 

12 (ii) in subparagraph (A), by striking 

13 ‘‘and’’ after the semicolon and inserting 

14 ‘‘or’’; and 

15 (iii) by striking subparagraph (B) and 

16 inserting the following: 

17 ‘‘(B) ensuring continuity of program oper18 ation under a qualified program.’’; 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (A), by inserting 

21 ‘‘and subject to paragraph (3)’’ after ‘‘(42 

22 U.S.C. 1760(1))’’; and 

23 (ii) in subparagraph (B) by striking 

24 ‘‘such section’’ and inserting ‘‘section 12(l) 

25 of the Richard B. Russell National School 

26 Lunch Act (42 U.S.C. 1760(l))’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(3) TRANSITION PLAN.—A State that elects to 

3 be subject to a waiver under paragraph (2) that al4 ters the operation of a qualified program described 

5 in subparagraph (A) or (B) of subsection (g)(1) dur6 ing the 2022–2023 school year shall submit to the 

7 Secretary a transition plan by November 1, 2022. 

8 ‘‘(4) TECHNICAL ASSISTANCE.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 provide technical assistance to assist school food 

11 authorities in meeting nutrition standards dur12 ing the period in which a waiver established 

13 under paragraph (1) is in effect. 

14 ‘‘(B) TECHNICAL ASSISTANCE FOR REG15 ULAR OPERATION.—Not later than September 

16 30, 2022, the Secretary shall issue technical as17 sistance to States relating to the statutory and 

18 regulatory requirements that a State shall be 

19 required to meet to resume regular operation of 

20 each qualified program for the 2023–2024 

21 school year.’’; 

22 (2) by redesignating subsections (d) through (f) 

23 as subsections (e) through (g), respectively; 

24 (3) by inserting after subsection (c) the fol25 lowing: 


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1 ‘‘(d) STATE ACTION.—If the Secretary issues a waiv2 er under this section for meals served under a qualified 

3 program for school year 2022–2023, a State, during the 

4 period in which the waiver is in effect— 

5 ‘‘(1) shall provide technical assistance or guid6 ance in lieu of fiscal action for meal pattern viola7 tions due to supply chain disruptions; 

8 ‘‘(2) shall not take fiscal action for meal pat9 tern violations due to supply chain disruptions; and 

10 ‘‘(3) shall not, in applying fiscal action in any 

11 subsequent school year, consider meal pattern viola12 tions that occurred due to supply chain disruptions 

13 during that period.’’; 

14 (4) in subsection (e) (as so redesignated)— 

15 (A) by striking paragraph (2); and 

16 (B) by striking ‘‘the following:’’ in the 

17 matter preceding paragraph (1) and all that fol18 lows through ‘‘A summary’’ in paragraph (1) 

19 and inserting ‘‘a summary’’; 

20 (5) in subsection (f) (as so redesignated)— 

21 (A) by striking ‘‘The authority’’ and in22 serting the following: 

23 ‘‘(1) IN GENERAL.—The authority’’; 

24 (B) in paragraph (1) (as so designated), by 

25 striking ‘‘June 30’’ and all that follows through 


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1 the period at the end and inserting ‘‘September 

2 30, 2023.’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(2) LIMITATION.—A waiver authorized by the 

5 Secretary under this section may not be in effect 

6 after September 30, 2023. 

7 ‘‘(3) RETURN TO REGULAR OPERATION.—Be8 ginning on October 1, 2023, each qualified program 

9 for which a waiver is authorized under this section 

10 shall resume regular operation.’’; 

11 (6) in subsection (g) (as so redesignated)— 

12 (A) by redesignating paragraphs (2) and 

13 (3) as paragraphs (3) and (4), respectively; and 

14 (B) by inserting after paragraph (1) the 

15 following: 

16 ‘‘(2) REGULAR OPERATION.—The term ‘regular 

17 operation’, with respect to a qualified program, 

18 means the operation of the qualified program as if 

19 this section was not in effect.’’; and 

20 (7) by adding at the end the following: 

21 ‘‘(h) FUNDING.— 

22 ‘‘(1) IN GENERAL.—There is appropriated, out 

23 of any funds in the Treasury not otherwise appro24 priated, such sums as are necessary to carry out this 

25 section. 


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1 ‘‘(2) EMERGENCY DESIGNATION.— 

2 ‘‘(A) IN GENERAL.—The amounts provided 

3 by paragraph (1) are designated as an emer4 gency requirement pursuant to section 4(g) of 

5 the Statutory Pay-As-You-Go Act of 2010 (2 

6 U.S.C. 933(g)). 

7 ‘‘(B) DESIGNATION IN SENATE.—In the 

8 Senate, this section is designated as an emer9 gency requirement pursuant to section 4112(a) 

10 of H. Con. Res. 71 (115th Congress), the con11 current resolution on the budget for fiscal year 

12 2018.’’. 

Æ 


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