Sec. 180001 Short title
This division may be cited as the “Child Nutrition and Related Programs Recovery Act”.
Division R — Child Nutrition and Related Programs
R Child Nutrition and Related Programs
Sec. 180002 Emergency costs for child nutrition programs during COVID–19 pandemic
Use of certain appropriations to cover emergency operational costs under school meal programs—
In general—
Required allotments— Notwithstanding any other provision of law, the Secretary shall allocate to each State that participates in the reimbursement program under paragraph (3) such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month, including, subject to paragraph (4)(B), administrative expenses necessary to make such reimbursements.
Guidance with respect to program— Not later than 10 days after the date of the enactment of this section, the Secretary shall issue guidance with respect to the reimbursement program under paragraph (3).
Reimbursement program application— To participate in the reimbursement program under paragraph (3), not later than 30 days after the date described in paragraph (1), a State shall submit an application to the Secretary that includes a plan to calculate and disburse reimbursements under the reimbursement program under paragraph (3).
Reimbursement program— Using the amounts allocated under paragraph (1)(A), a State participating in the reimbursement program under this paragraph shall make reimbursements for emergency operational costs for each reimbursement month as follows:
For each new school food authority in the State for the reimbursement month, an amount equal to 55 percent of the amount equal to—
the average monthly amount such new school food authority was reimbursed under the reimbursement sections for meals and supplements served by such new school food authority during the alternate period; minus
the amount such new school food authority was reimbursed under the reimbursement sections for meals and supplements served by such new school food authority during such reimbursement month.
For each school food authority not described in subparagraph (A) in the State for the reimbursement month, an amount equal to 55 percent of—
the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority for the month beginning one year before such reimbursement month; minus
the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority during such reimbursement month.
Treatment of funds—
Availability— Funds allocated to a State under paragraph (1)(A) shall remain available until March 30, 2021.
Administrative expenses— A State may reserve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection.
Unexpended balance— On September 30, 2021, any amounts allocated to a State under paragraph (1)(A) or reimbursed to a school food authority or new school food authority under paragraph (3) that are unexpended by such State, school food authority, or new school food authority shall revert to the Secretary.
Reports— Each State that carries out a reimbursement program under paragraph (3) shall, not later than September 30, 2021, submit a report to the Secretary that includes a summary of the use of such funds by the State and each school food authority and new school food authority in such State.
Use of certain appropriations to cover child and adult care food program child care operational emergency costs during COVID–19 pandemic—
In general—
Required allotments— Notwithstanding any other provision of law, the Secretary shall allocate to each State that participates in the reimbursement program under paragraph (3) such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month, including, subject to paragraph (4)(C), administrative expenses necessary to make such reimbursements.
Guidance with respect to program— Not later than 10 days after the date of the enactment of this section, the Secretary shall issue guidance with respect to the reimbursement program under paragraph (3).
Reimbursement program application— To participate in the reimbursement program under paragraph (3), not later than 30 days after the date described in paragraph (1), a State shall submit an application to the Secretary that includes a plan to calculate and disburse reimbursements under the reimbursement program under paragraph (3).
Reimbursement amount— Using the amounts allocated under paragraph (1)(A), a State participating in the reimbursement program under this paragraph shall make reimbursements for child care operational emergency costs for each reimbursement month as follows:
For each new covered institution in the State for the reimbursement month, an amount equal to 55 percent of—
the average monthly amount such covered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) for meals and supplements served by such new covered institution during the alternate period; minus
the amount such covered institution was reimbursed under such section for meals and supplements served by such new covered institution during such reimbursement month.
For each covered institution not described in subparagraph (A) in the State for the reimbursement month, an amount equal to 55 percent of—
the amount such covered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) for meals and supplements served by such covered institution during the month beginning one year before such reimbursement month; minus
the amount such covered institution was reimbursed under such section for meals and supplements served by such covered institution during such reimbursement month.
For each new sponsoring organization of a family or group day care home in the State for the reimbursement month, an amount equal to 55 percent of—
the average monthly amount such new sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for administrative funds for the alternate period; minus
the amount such new sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for the reimbursement month.
For each sponsoring organization of a family or group day care home not described in subparagraph (C) in the State for the reimbursement month, an amount equal to 55 percent of—
the amount such sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for administrative funds for the month beginning one year before such reimbursement month; minus
the amount such sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for such reimbursement month.
Treatment of funds—
Availability— Funds allocated to a State under paragraph (1)(A) shall remain available until March 30, 2021.
Unaffiliated center— In the case of a covered institution or a new covered institution that is an unaffiliated center that is sponsored by a sponsoring organization and receives funds for a reimbursement month under subparagraph (A) or (B), such unaffiliated center shall provide to such sponsoring organization an amount of such funds as agreed to by the sponsoring organization and the unaffiliated center, except such amount may not be greater be than 15 percent of such funds.
Administrative expenses— A State may reserve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection.
Unexpended balance— On September 30, 2021, any amounts allocated to a State under paragraph (1)(A) or reimbursed to a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home that are unexpended by such State, new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home, shall revert to the Secretary.
Reports— Each State that carries out a reimbursement program under paragraph (3) shall, not later than September 30, 2021, submit a report to the Secretary that includes a summary of the use of such funds by the State and each new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home.
Authorization of appropriations— There is authorized to be appropriated to carry out this section such sums as may be necessary.
Definitions— In this section:
Alternate period— The term alternate period means the period beginning January 1, 2020 and ending February 29, 2020.
Emergency operational costs— The term emergency operational costs means the costs incurred by a school food authority or new school food authority—
during a public health emergency;
that are related to the ongoing operation, modified operation, or temporary suspension of operation (including administrative costs) of such school food authority or new school food authority; and
except as provided under subsection (a), that are not reimbursed under a Federal grant.
Child care operational emergency costs— The term child care operational emergency costs means the costs under the child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) incurred by a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home—
during a public health emergency;
that are related to the ongoing operation, modified operation, or temporary suspension of operation (including administrative costs) of such new covered institution, covered institution, new sponsoring organization of a family or group day care home, sponsoring organization of a family or group day care home, or sponsoring organization of an unaffiliated center; and
except as provided under subsection (b), that are not reimbursed under a Federal grant.
Covered institution— The term covered institution means—
an institution (as defined in section 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2))); and
a family or group day care home.
New covered institution— The term new covered institution means a covered institution for which no reimbursements were made for meals and supplements under section 17(c) or (f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) with respect to the previous reimbursement period.
New school food authority— The term new school food authority means a school food authority for which no reimbursements were made under the reimbursement sections with respect to the previous reimbursement period.
New sponsoring organization of a family or group day care— The term new sponsoring organization of a family or group day care means a sponsoring organization of a family or group day care home for which no reimbursements for administrative funds were made under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for the previous reimbursement period.
Previous reimbursement period— The term previous reimbursement period means the period beginning March 1, 2019 and ending June 30, 2019.
Public health emergency— The term public health emergency means a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic.
Reimbursement month— The term reimbursement month means March 2020, April 2020, May 2020, and June 2020.
Reimbursement sections— The term reimbursement sections means—
section 4(b), section 11(a)(2), section 13, and section 17A(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 1761; 42 U.S.C. 1766a(c)); and
section 4 of the Child Nutrition Act (42 U.S.C. 1773).
Secretary— The term Secretary means the Secretary of Agriculture.
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)).
Sec. 180003 Amendments to the Pandemic EBT Act
Section 1101 of the Families First Coronavirus Response Act (Public Law 116–127) is amended—
in subsection (a)—
by striking “fiscal year 2020” and inserting “fiscal years 2020 and 2021”;
by striking “during which the school would otherwise be in session”; and
by inserting “until the school reopens” after “assistance”;
in subsection (b)—
by inserting “and State agency plans for child care covered children in accordance with subsection (i)” after “with eligible children”;
by inserting “, a plan to enroll children who become eligible children during a public health emergency designation” before “, and issuances”;
by striking “in an amount not less than the value of meals at the free rate over the course of 5 school days” and inserting “in accordance with subsection (h)(1)”; and
by inserting “and for each child care covered child in the household” before the period at the end;
in subsection (c), by inserting “or child care center” after “school”;
by amending subsection (e) to read as follows:
“(e) Release of information—Notwithstanding any other provision of law, the Secretary of Agriculture may authorize—
“(1) State educational agencies and school food authorities administering a school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to carry out this section with respect to eligible children; and
“(2) State agencies administering a child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to carry out this section with respect to child care covered children.”
by amending subsection (g) to read as follows:
“(g) Availability of commodities
“(1) In general—Subject to paragraph (2), during fiscal year 2020, the Secretary of Agriculture may purchase commodities for emergency distribution in any area of the United States during a public health emergency designation.
“(2) Purchases—Funds made available to carry out this subsection on or after the date of the enactment of the Child Nutrition and Related Programs Recovery Act may only be used to purchase commodities for emergency distribution—
“(A) under commodity distribution programs and child nutrition programs that were established and administered by the Food and Nutrition Service on or before the day before the date of the enactment of the Families First Coronavirus Response Act (Public Law 116–127);
“(B) to Tribal organizations (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)), that are not administering the food distribution program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or
“(C) to emergency feeding organizations that are eligible recipient agencies (as such terms are defined in section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501)).”
by redesignating subsections (h) and (i) as subsections (l) and (m);
by inserting after subsection (g) the following:
“(h) Amount of benefits
“(1) In general—A household shall receive benefits under this section in an amount equal to 1 breakfast and 1 lunch at the free rate for each eligible child or child care covered child in such household for each day.
“(2) Treatment of newly eligible children—In the case of a child who becomes an eligible child during a public health emergency designation, the Secretary and State agency shall—
“(A) if such child becomes an eligible child during school year 2019–2020, treat such child as if such child was an eligible child as of the date the school in which the child is enrolled closed; and
“(B) if such child becomes an eligible child after school year 2019–2020, treat such child as an eligible child as of the first day of the month in which such child becomes so eligible.
“(i) Child care covered child assistance
“(1) In general—During fiscal years 2020 and 2021, in any case in which a child care center is closed for at least 5 consecutive days during a public health emergency designation, each household containing at least 1 member who is a child care covered child attending the child care center shall be eligible until the schools in the State in which such child care center is located reopen, as determined by the Secretary, to receive assistance pursuant to—
“(A) a State agency plan approved under subsection (b) that includes—
“(i) an application by the State agency seeking to participate in the program under this subsection; and
“(ii) a State agency plan for temporary emergency standards of eligibility and levels of benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households with child care covered children; or
“(B) an addendum application described in paragraph (2).
“(2) Addendum application—In the case of a State agency that submits a plan to the Secretary of Agriculture under subsection (b) that does not include an application or plan described in clauses (i) and (ii) of paragraph (1)(A), such State agency may apply to participate in the program under this subsection by submitting to the Secretary of Agriculture an addendum application for approval that includes a State agency plan described in such clause (ii).
“(3) Requirements for participation—A State agency may not participate in the program under this subsection if—
“(A) the State agency plan submitted by such State agency under subsection (b) with respect to eligible children is not approved by the Secretary under such subsection; or
“(B) the State agency plan submitted by such State agency under subsection (b) or this subsection with respect to child care covered children is not approved by the Secretary under either such subsection.
“(4) Automatic enrollment
“(A) In general—Subject to subparagraph (B), the Secretary shall deem a child who is less than 6 years of age to be a child care covered child eligible to receive assistance under this subsection if—
“(i) the household with such child attests that such child is a child care covered child;
“(ii) such child resides in a household that includes an eligible child;
“(iii) such child receives cash assistance benefits under the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
“(iv) such child receives assistance under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.);
“(v) such child is—
“(I) enrolled as a participant in a Head Start program authorized under the Head Start Act (42 U.S.C. 9831 et seq.);
“(II) a foster child whose care and placement is the responsibility of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.);
“(III) a foster child who a court has placed with a caretaker household; or
“(IV) a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)));
“(vi) such child participates in the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
“(vii) through the use of information obtained by the State agency for the purpose of participating in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the State agency elects to treat as a child care covered child each child less than 6 years of age who is a member of a household that receives supplemental nutrition assistance program benefits under such Act; or
“(viii) the State in which such child resides determines that such child is a child care covered child, using State data approved by the Secretary.
“(B) Acceptance of any form of automatic enrollment
“(i) One category—For purposes of deeming a child to be a child care covered child under subparagraph (A), a State agency may not be required to show that a child meets more than one requirement specified in clauses (i) through (viii) of such subparagraph.
“(ii) Deeming requirement—If a State agency submits to the Secretary information that a child meets any one of the requirements specified in clauses (i) through (viii) of subparagraph (A), the Secretary shall deem such child a child care covered child under such subparagraph.
“(j) Exclusions—The provisions of section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) relating to quality control shall not apply with respect to assistance provided under this section.
“(k) Feasibility analysis
“(1) In general—Not later than 30 days after the date of the enactment of the Child Nutrition and Related Programs Recovery Act, the Secretary shall submit to the Education and Labor Committee and the Agriculture Committee of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on—
“(A) the feasibility of implementing the program for eligible children under this section using an EBT system in Puerto Rico, the Commonwealth of the Northern Mariana Islands, and American Samoa similar to the manner in which the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 is operated in the States, including an analysis of–—
“(i) the current nutrition assistance program issuance infrastructure;
“(ii) the availability of—
“(I) an EBT system, including the ability for authorized retailers to accept EBT cards; and
“(II) EBT cards;
“(iii) the ability to limit purchases using nutrition assistance program benefits to food for home consumption; and
“(iv) the availability of reliable data necessary for the implementation of such program under this section for eligible children and child care covered children, including the names of such children and the mailing addresses of their households; and
“(B) the feasibility of implementing the program for child care covered children under subsection (i) in Puerto Rico, the Commonwealth of the Northern Mariana Islands, and American Samoa, including with respect to such program each analysis specified in clauses (i) through (iv) of subparagraph (A).
“(2) Contingent availability of participation—Beginning 30 days after the date of the enactment of the Child Nutrition and Related Programs Recovery Act, Puerto Rico, the Commonwealth of the Northern Mariana Islands, and American Samoa may each—
“(A) submit a plan under subsection (b), unless the Secretary makes a finding, based on the analysis provided under paragraph (1)(A), that the implementation of the program for eligible children under this section is not feasible in such territories; and
“(B) submit a plan under subsection (i), unless the Secretary makes a finding, based on the analysis provided under paragraph (1)(B), that the implementation of the program for child care covered children under subsection (i) is not feasible in such territories.
“(3) Treatment of plans submitted by territories—Notwithstanding any other provision of law, with respect to a plan submitted pursuant to this subsection by Puerto Rico, the Commonwealth of the Northern Mariana Islands, or American Samoa under subsection (b) or subsection (i), the Secretary shall treat such plan in the same manner as a plan submitted by a State agency under such subsection, including with respect to the terms of funding provided under subsection (m).”
in subsection (l), as redesigned by paragraph (7)—
by redesignating paragraph (1) as paragraph (3);
by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively;
by inserting before paragraph (3) (as so redesignated) the following:
“(1) The term child care center means an organization described in subparagraph (A) or (B) of section 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2)) and a family or group day care home.
“(2) The term child care covered child means a child served under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) who, if not for the closure of the child care center attended by the child during a public health emergency designation and due to concerns about a COVID–19 outbreak, would receive meals under such section at the child care center.”
by inserting after paragraph (3) (as so redesignated) the following:
“(4) The term free rate means—
“(A) with respect to a breakfast, the rate of a free breakfast under the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and
“(B) with respect to a lunch, the rate of a free lunch under the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1771 et seq.).”
in subsection (m), as redesignated by paragraph (7), by inserting “(including all administrative expenses)” after “this section”.
Sec. 180004 Fresh Produce for Kids in Need
Section 2202(f)(1) of the Families First Coronavirus Response Act (Public Law 116–127) is amended by adding at the end the following:
“(E) The fresh fruit and vegetable program under section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a).”
Sec. 180005 WIC Benefit Flexibility During COVID–19 Act
In general—
Authority to increase amount of cash-value voucher— During the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) and in response to challenges related to such public health emergency, the Secretary may increase the amount of a cash-value voucher under a qualified food package to an amount less than or equal to $35.
Application of increased amount of cash-value voucher to State agencies—
Notification— An increase to the amount of a cash-value voucher under paragraph (1) shall apply to any State agency that notifies the Secretary of the intent to use such an increased amount, without further application.
Use of increased amount— A State agency that notifies the Secretary under subparagraph (A) may use or not use the increased amount described in such subparagraph during the period beginning on the date of the notification by the State agency under such subparagraph and ending September 30, 2020.
Application period— An increase to the amount of a cash-value voucher under paragraph (1) may only apply during the period beginning on the date of the enactment of this section and ending on September 30, 2020.
Sunset— The authority to make an increase to the amount of a cash-value voucher under paragraph (1) or to use such an increased amount under paragraph (2)(B) shall terminate on September 30, 2020.
Definitions—
Cash-value voucher— The term cash-value voucher has the meaning given the term in section 246.2 of title 7, Code of Federal Regulations.
Qualified food package— The term qualified food package means the following food packages under section 246.10(e) of title 7, Code of Federal Regulations:
Food Package IV–Children 1 through 4 years.
Food Package V–Pregnant and partially (mostly) breastfeeding women.
Food Package VI–Postpartum women.
Food Package VII–Fully breastfeeding.
Secretary— The term Secretary means the Secretary of Agriculture.
State agency— The term State agency has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
Sec. 180006 Calculation of payments and reimbursements for certain child nutrition programs
Richard B. Russell National School Lunch Act—
Nutrition promotion— Notwithstanding any other provision of law, for purposes of making a payment to a State under section 5 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1754), the Secretary shall deem the number of lunches served by school food authorities in such State during the 2020 period to be equal to the greater of the following:
The number of lunches served by such school food authorities in such State during the 2019 period.
The number of lunches served by such school food authorities in such State during the 2020 period.
Commodity assistance— Notwithstanding any other provision of law, for purposes of providing commodity assistance to a State under section 6(c)(1)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(c)(1)(C)) or cash assistance in lieu of such commodity assistance under section 16 of such Act (42 U.S.C. 1765) the Secretary shall deem the number of lunches served by school food authorities in such State during the 2020 period to be equal to the greater of the following:
The number of lunches served by such school food authorities in such State during the 2019 period.
The number of lunches served by such school food authorities in such State during the 2020 period.
Special assistance payments— Notwithstanding any other provision of law, in determining the number of meals served by a school for purposes of making special assistance payments to a State with respect to a school under subparagraph (B), clause (ii) or (iii) of subparagraph (C), or subparagraph (E)(i)(II) of section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)), the Secretary shall deem the number of meals served by such school during the 2020 period to be equal to the greater of the following:
The number of meals served by such school during the 2019 period.
The number of meals served by such school during the 2020 period.
Child Nutrition Act of 1966—
State administrative expenses— Notwithstanding any other provision of law, for purposes of making payments to a State under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)), the Secretary shall deem the number of meals and supplements served by such school food authorities in such State during the 2020 period to be equal to the greater of the following:
The number of meals and supplements served by such school food authorities in such State during the 2019 period.
The number of meals and supplements served by such school food authorities in such State during the 2020 period.
Team nutrition network— Notwithstanding any other provision of law, for purposes of making allocations to a State under section 19(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1788(d)), the Secretary shall deem the number of lunches served by school food authorities in such State during the 2020 period to be equal to the greater of the following:
The number of lunches served by such school food authorities in such State during the 2019 period.
The number of lunches served by such school food authorities in such State during the 2020 period.
Definitions— In this section:
Secretary— The term Secretary means the Secretary of Agriculture.
2019 period— The term 2019 period means the period beginning March 1, 2019 and ending June 30, 2019.
2020 period— The term 2020 period means the period beginning March 1, 2020 and ending June 30, 2020.
Sec. 180007 Reporting on waiver authority
In general— Not later than 10 days after the date of the receipt or issuance of each document listed in paragraph (1), (2), or (3) of this subsection, the Secretary of Agriculture shall make publicly available on the website of the Department of Agriculture the following documents:
Any request submitted by State agencies for a qualified waiver.
The Secretary’s approval or denial of each such request.
Any guidance issued by the Secretary with respect to a qualified waiver.
Inclusion of date with guidance— With respect to the guidance described in subsection (a)(3), the Secretary of Agriculture shall include the date on which such guidance was issued on the publicly available website of the Department of Agriculture on such guidance.
Qualified waiver defined— In this section, the term qualified waiver means a waiver under section 2102, 2202, 2203, or 2204 of the Families First Coronavirus Response Act (Public Law 116–127).