Keep Kids Fed Act of 2022
Bill: S.2089 | Sponsor: Sen. Shaheen, Jeanne (D-NH)
Policy area: Agriculture and Food

Summary:
Keep Kids Fed Act of 2022
This bill provides funding for and makes changes to school meal programs and the Child and Adult Care Food Program (CACFP). It also rescinds certain funds provided under the American Rescue Plan Act of 2021; the Consolidated Appropriations Act, 2021; and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
Specifically, the bill increases the reimbursement rate for school lunches by 40 cents and for school breakfasts by 15 cents for the school year beginning in July 2022.
The bill extends the authority of the Department of Agriculture (USDA) to waive certain requirements for the school meal programs and the CACFP to address COVID-19. In particular, the bill extends authority
The bill authorizes USDA to establish a nationwide waiver of statutory and regulatory requirements under child nutrition programs for the 2022-2023 school year.
Additionally, the bill increase the reimbursement rate for meals and snacks under the CACFP by 10 cents for the school year beginning in July 2022. Further, the bill increases the reimbursement of tier II family or group day care homes to tier I amounts for the 2022-2023 school year.
The bill rescinds certain funding provided to USDA, the Department of Education, and the Small Business Administration.
Finally, the bill requires USDA to ensure that technical assistance is made available to states and school food authorities for assisting parents and school leaders with transitioning to the operation of school meal programs without certain waivers.

[117th Congress Public Law 158]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 1309]]

Public Law 117-158
117th Congress

                                 An Act


 
  To amend the Families First Coronavirus Response Act to extend child 
  nutrition waiver authority, and for other purposes. <<NOTE: June 25, 
                          2022 -  [S. 2089]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Keep Kids Fed 
Act of 2022.>> 
SECTION 1. <<NOTE: 42 USC 1751 note.>>  SHORT TITLE.

    This Act may be cited as the ``Keep Kids Fed Act of 2022''.
SEC. 2. SUPPORT FOR CHILD NUTRITION PROGRAMS.

    (a) <<NOTE: 42 USC 1753 note.>>  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) <<NOTE: Time period.>>  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.'';

[[Page 136 STAT. 1310]]

            (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) <<NOTE: Applicability.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 42 USC 1760 note.>>  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.

[[Page 136 STAT. 1311]]

        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. <<NOTE: 42 USC 1766 note.>>  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.

[[Page 136 STAT. 1312]]

    (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. <<NOTE: 42 USC 1760 note.>>  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).

    Approved June 25, 2022.

LEGISLATIVE HISTORY--S. 2089:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 168 (2022):
            Mar. 7, considered and passed Senate.
            June 23, considered and passed House, amended. Senate 
                concurred
              in House amendments with an amendment.
            June 24, House concurred in Senate amendment.

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