Appendix B Section 2202 of the Families First Coronavirus Response Act

APPENDIX B
SECTION 2202 OF THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT

PUBLIC LAW 116–127—MAR. 18, 2020

134 STAT. 185

TITLE II—COVID—19 CHILD NUTRITION
RESPONSE ACT

COVID–19 Child
Nutrition
Response Act.

SEC. 2201. SHORT TITLE.

This title may be cited as the ‘‘COVID–19 Child Nutrition
Response Act’’.

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SEC. 2202. NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT
WAIVERS ADDRESSING COVID–19.

(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)), for purposes of—
(A) providing meals and meal supplements under a
qualified program; and
(B) carrying out subparagraph (A) with appropriate
safety measures with respect to COVID–19, as determined
by the Secretary.
(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 the following:
(1) A summary of the use of such waiver by the State
and eligible service providers.

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42 USC 1751
note.

42 USC 1760
note.

Summary.

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PUBLIC LAW 116–127—MAR. 18, 2020

(2) A description of whether such waiver resulted in
improved services to children.
(e) SUNSET.—The authority of the Secretary to establish or
grant a waiver under this section shall expire on September 30,
2020.
(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)).
42 USC 1786
note.

SEC. 2203. PHYSICAL PRESENCE WAIVER UNDER WIC DURING CERTAIN
PUBLIC HEALTH EMERGENCIES.

Effective date.

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(a) WAIVER AUTHORITY.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the Secretary may grant a request described in paragraph
(2) to—
(A) waive the requirement under section 17(d)(3)(C)(i)
of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(3)(C)(i)); and
(B) defer anthropometric and bloodwork requirements
necessary to determine nutritional risk.
(2) REQUEST.—A request described in this paragraph is
a request made to the Secretary by a State agency to waive,
on behalf of the local agencies served by such State agency,
the requirements described in paragraph (1) during any portion
of the emergency period (as defined in paragraph (1)(B) of
section 1135(g) of the Social Security Act (42 U.S.C. 1320b5(g)) (beginning on or after the date of the enactment of this
section).
(b) REPORTS.—
(1) LOCAL AGENCY REPORTS.—Each local agency that uses
a waiver pursuant to subsection (a) shall, not later than 1
year after the date such local agency uses such waiver, submit
a report to the State agency serving such local agency that
includes the following:
(A) A summary of the use of such waiver by the local
agency.
(B) A description of whether such waiver resulted in
improved services to women, infants, and children.
(2) STATE AGENCY REPORTS.—Each State agency that
receives a waiver under subsection (a) shall, not later than
18 months after the date such State agency received such

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