S.Amdt. 2279

SA 2279. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback)
to the bill H.R. 2997, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2010, and for other
purposes; which was ordered to lie on the table; as follows:

On page 85, between lines 16 and 17, insert the following:
Sec. 7__. (a) Section 5(h) of the Food and Nutrition Act of
2008 (7 U.S.C. 2014(h)) is amended by adding at the end the
following:
``(4) Nutrition assistance benefits during public health
emergency.--
``(A) Definitions.--
``(i) Eligible child.--The term `eligible child' means a
child (as defined in section 12(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(d)) who, if not for
the closure of the school attended by the child due to a
public health emergency, would receive free or reduced price
school meals under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.) at the school.
``(ii) Public health emergency.--The term `public health
emergency' means the declaration of a public health emergency
by the Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d).
``(iii) School.--The term `school' has the meaning given
the term in section 12(d) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d))).
``(B) Emergency standards.--
``(i) In general.--The Secretary may, after consultation
with the Secretary of Health

[[Page S8697]]

and Human Services, approve State agency plans for temporary
emergency standards of eligibility and levels of benefits
under this Act for households with eligible children.
``(ii) Relation to other law.--The Secretary may promulgate
standards under clause (i) without regard to section 4(c) of
this Act or section 553 of title 5, United States Code.
``(C) Emergency plans.--Plans approved by the Secretary
under this paragraph may provide for supplemental allotments
to households receiving benefits under this Act, and
issuances to households not already receiving benefits,
through the EBT card system established under section 7.
``(D) Benefits levels.--Assistance provided to a household
under this section shall be equivalent to the value of free
or reduced price meals that would have been provided to the
eligible children of the household under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
at the school attended by the eligible children if the school
was not closed as a result of a public health emergency.
``(E) Minimum closure.--The Secretary shall not provide
assistance under this paragraph in the case of a school that
is closed for less than 5 consecutive days.
``(F) Release of information.--Notwithstanding any other
provision of law, the Secretary may authorize State
educational agencies and school food authorities
administering a school meal program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to
release to appropriate officials administering the
supplemental nutrition assistance program such information
regarding children who are or may be eligible for free or
reduced price school meals as may be necessary to carry out
this paragraph.
``(G) Waivers.--In carrying out this paragraph, the
Secretary may approve waivers of the reporting requirements
otherwise applicable under subsection (f), limits on
certification periods otherwise applicable under section
3(f), and other administrative requirements otherwise
applicable to State agencies.
``(H) Termination of authority.--This paragraph shall be
effective only for fiscal year 2010.''.
(b) Emergency Purchase Authority.--Section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c) is amended--
(1) by striking ``Sec. 32. There'' and inserting the
following:

``SEC. 32. COMMODITY BENEFITS.

``(a) In General.--There''; and
(2) by adding at the end the following:
``(b) Commodity Assistance.--
``(1) In general.--The Secretary may use funds made
available under this section to purchase commodities for
emergency distribution in any area of the United States--
``(A) in the event of a declaration of public health
emergency under section 319 of the Public Health Service Act
(42 U.S.C. 247d); and
``(B) on receipt of information from State agencies
demonstrating that the situation warrants the distribution of
the commodities.
``(2) Termination of authority.--This subsection shall be
effective only for fiscal year 2010.''.
(c) Offset.--The amendments made by subsections (a) and (b)
shall be carried out using $2,000,000 derived from a
reduction of the amount made available under the heading
``salaries and expenses'' under the heading ``Animal and
Plant Health Inspection Service'' in title I.
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