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Code · STATUTE-COMPILATIONS · Families First Coronavirus Response Act · Sec. 2202

Sec. 2202. NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS ADDRESSING COVID-19

730 words·~3 min read·/statute-compilations/comps-15683/sec-2202

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## SEC. 2202 NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS ADDRESSING COVID-19 **[**[42 U.S.C. 1760 note](/us/usc/t42/s1760)**]** ###
(a)Nationwide Waiver ####
(1)In general Notwithstanding any other provision of law, the Secretary may establish a waiver for all States under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)) due to the COVID–19 pandemic, for purposes of— #####
(A)providing meals and meal supplements under a qualified program; or #####
(B)ensuring continuity of program operation under a qualified program. ####
(2)State election A waiver established under paragraph
(1)shall— #####
(A)notwithstanding paragraph
(2)of section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)), apply automatically to any State that elects to be subject to the waiver without further application; and #####
(B)not be subject to the requirements under paragraph
(3)of such section. ###
(b)Child and Adult Care Food Program Waiver Notwithstanding any other provision of law, the Secretary may grant a waiver under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)) to allow non-congregate feeding under a child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) if such waiver is for the purposes of— ####
(1)providing meals and meal supplements under such child and adult care food program; and ####
(2)carrying out paragraph
(1)with appropriate safety measures with respect to COVID-19, as determined by the Secretary. ###
(c)Meal Pattern Waiver Notwithstanding paragraph (4)(A) of section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)) the Secretary may grant a waiver under such section that relates to the nutritional content of meals served if the Secretary determines that— ####
(1)such waiver is necessary to provide meals and meal supplements under a qualified program; and ####
(2)there is a supply chain disruption with respect to foods served under such a qualified program and such disruption is due to COVID-19. ###
(d)Reports Each State that receives a waiver under subsection (a), (b), or (c), shall, not later than 1 year after the date such State received such waiver, submit a report to the Secretary that includes a summary of the use of such waiver by the State and eligible service providers. ###
(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. ###
(f)Definitions In this section: ####
(1)Qualified program The term “qualified program” means the following: #####
(A)The school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). #####
(B)The school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). #####
(C)The child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766). #####
(D)The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761). ####
(2)Secretary The term “Secretary” means the Secretary of Agriculture. ####
(3)State The term “State” has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(8)).
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Sec. 2202
NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS ADDRESSING COVID-19
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