[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3979 Introduced in Senate (IS)]
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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. Lujan, 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.
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 ``Support Kids Not Red Tape Act of
2022''.
SEC. 2. EXTENDING CHILD NUTRITION WAIVER AUTHORITY.
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)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``due to the COVID-19
pandemic'' after ``(42 U.S.C. 1760(l))'';
(ii) in subparagraph (A), by striking
``and'' after the semicolon and inserting
``or''; and
(iii) by striking subparagraph (B) and
inserting the following:
``(B) ensuring continuity of program operation
under a qualified program.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
subject to paragraph (3)'' after ``(42 U.S.C.
1760(1))''; and
(ii) in subparagraph (B) by striking ``such
section'' and inserting ``section 12(l) of the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(l))''; and
(C) by adding at the end the following:
``(3) Transition plan.--A State that elects to be subject
to a waiver under paragraph (2) that alters the operation of a
qualified program described in subparagraph (A) or (B) of
subsection (g)(1) during the 2022-2023 school year shall submit
to the Secretary a transition plan by November 1, 2022.
``(4) Technical assistance.--
``(A) In general.--The Secretary shall provide
technical assistance to assist school food authorities
in meeting nutrition standards during the period in
which a waiver established under paragraph (1) is in
effect.
``(B) Technical assistance for regular operation.--
Not later than September 30, 2022, the Secretary shall
issue technical assistance to States relating to the
statutory and regulatory requirements that a State
shall be required to meet to resume regular operation
of each qualified program for the 2023-2024 school
year.'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following:
``(d) State Action.--If the Secretary issues a waiver under this
section for meals served under a qualified program for school year
2022-2023, a State, during the period in which the waiver is in
effect--
``(1) shall provide technical assistance or guidance in
lieu of fiscal action for meal pattern violations due to supply
chain disruptions;
``(2) shall not take fiscal action for meal pattern
violations due to supply chain disruptions; and
``(3) shall not, in applying fiscal action in any
subsequent school year, consider meal pattern violations that
occurred due to supply chain disruptions during that period.'';
(4) in subsection (e) (as so redesignated)--
(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'';
(5) in subsection (f) (as so redesignated)--
(A) by striking ``The authority'' and inserting the
following:
``(1) In general.--The authority'';
(B) in paragraph (1) (as so designated), by
striking ``June 30'' and all that follows through the
period at the end and inserting ``September 30,
2023.''; and
(C) by adding at the end the following:
``(2) Limitation.--A waiver authorized by the Secretary
under this section may not be in effect after September 30,
2023.
``(3) Return to regular operation.--Beginning on October 1,
2023, each qualified program for which a waiver is authorized
under this section shall resume regular operation.'';
(6) in subsection (g) (as so redesignated)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Regular operation.--The term `regular operation',
with respect to a qualified program, means the operation of the
qualified program as if this section was not in effect.''; and
(7) by adding at the end the following:
``(h) Funding.--
``(1) In general.--There is appropriated, out of any funds
in the Treasury not otherwise appropriated, such sums as are
necessary to carry out this section.
``(2) Emergency designation.--
``(A) In general.--The amounts provided by
paragraph (1) are designated as an emergency
requirement pursuant to section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
``(B) Designation in senate.--In the Senate, this
section is designated as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for
fiscal year 2018.''.
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