Sec. 101. Emergency waivers or modifications
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Section 12 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760 ) is amended— by inserting the following after subsection (j): Except as provided in paragraph (4), during an emergency period, the Secretary may waive (including by modifying) any requirement under this Act or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), or any regulation issued under either such Act, for States or eligible service providers on a multi-State, State, or eligible service provider basis if— the requirement cannot reasonably be implemented under the conditions which prompted the emergency period in the affected area; a State or eligible service provider requests a waiver in a format prescribed by the Secretary; in the case of a request by an eligible service provider under subparagraph (B), the State in which such eligible service provider is located includes a statement of support or opposition with respect to the request; and the Secretary determines that the waiver would— facilitate the ability of such States or eligible service providers to carry out the purpose of such Acts; and not decrease access to, or eligibility for, any program under such Acts.
Except as provided in paragraph (3), during an emergency period, the Secretary may waive (including by modifying) any requirement under this Act or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), or any regulation issued under either such Act, on a nationwide, regional, or statewide basis if the Secretary determines that the waiver would— facilitate the ability of States or eligible service providers to carry out the purpose of such Acts. A waiver established under this subsection may be available for a period of not greater than the emergency period and the 90 days after the end of the emergency period.
A waiver under this subsection is subject to the limitations in subsection (l)(4). In this subsection: The term eligible service provider has the meaning given the term in subsection (l). The term emergency period means a period during which there exists— a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); an emergency declared by the President under section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ); a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or any renewal of such a public health emergency pursuant to such section 319. ; and in subsection (l)— in paragraph (1)(A)— by striking Except as and all that follows through requests a waiver and inserting Except as provided in paragraph (4), the Secretary may waive (including by modifying) any requirement under this Act or the Child Nutrition Act of 1966 ( ; 42 U.S.C. 1771 et seq. ), or any regulation issued under either such Act, on a nationwide, State, multi-State, or eligible service provider basis by redesignating clauses
(i)through
(iii)as clauses
(ii)through (iv), respectively; and by inserting the following new clause (i): a State or eligible service provider requests the waiver; ; by striking paragraph (2)(B) and inserting the following: An application described in subparagraph
(A)shall— be submitted in a format prescribed by the Secretary; be completed by the State or eligible service provider; be submitted to the Secretary by— the State; or an eligible service provider through the State; and if submitted as described in clause (iii)(II), include a statement of support or opposition from the State. ; in paragraph (4)(A), by striking content of meals served and inserting standards ; and in paragraph (7), by striking subparagraphs
(A)through
(C)and inserting the following: a local school food service authority, local educational agency, or school; a service institution or private nonprofit organization described in section 13; or institutions described in section 17. .
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Sec. 101
Emergency waivers or modifications
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