123STA T . 213 0PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9(b)Section901 ( g )( 7 )( F )o f t h e Trad e A ct of 197 4 (19 U. S. C . 2 497(g)(7)(F)) i s a m ended — (1) in the matter p receding c l a u se (i) , b y inserting ‘ ‘(including multiyear assistance) ’ ’ after ‘‘assistance’’
and (2) in clause (i), by inserting ‘‘or multiyear production losses’’ after ‘‘a production loss’’. S EC . 74 6 . (a) D E PARTM E N T OF A G R I C UL TURE A S SISTANCE DURING P AN D EMIC E MERGENC Y .—During fiscal year 2010, in any case in w hich a school is closed for at least 5 consecuti v e days during a pandemic emergency designation, each household con - taining at least 1 member who is an eligible child attending the school shall be eligible to receive assistance pursuant to a State agency plan approved under subsection (b). (b) ASSISTANCE.—To carry out this section, the Secretary of Agriculture may approve State agency plans for temporary emer- gency standards of eligibility and levels of benefits under the Food and N utrition Act of 200 8 (7 U.S.C. 2011 et se q .) for households with eligible children. Plans approved by the Secretary may provide for supplemental allotments to households receiving benefits under such Act, and issuances to households not already receiving benefits. Such level of benefits shall be determined by the Secretary in an amount not less than the value of meals at the free rate over the course of 5 school days for each eligible child in the household. (c) M INIMUM CLOSURE R E Q UIREMENT.—The Secretary of Agri- culture shall not provide assistance under this section in the case of a school that is closed for less than 5 consecutive days. (d)USEOFE B T SYSTEM.—A State agency may provide assist- ance under this section through the EBT card system established under section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016). (e) RELEASE OF I NFORMATION.—Notwithstanding any other provision of law, the Secretary of Agriculture may authori z e State educational agencies and school food authorities administering a school lunch program under the Richard B. Russell National School L unch 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. (f) W AI V ERS.—To facilitate implementation of this section, the Secretary of Agriculture may approve waivers of the limits on certification periods otherwise applicable under section 3 (f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting require- ments otherwise applicable under section 5(f) of such Act (7 U.S.C. 2014(f)), and other administrative requirements otherwise applicable to State agencies under such Act. (g) FUNDING.—The Secretary of Agriculture shall use funds made available under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to fund, with the e x ception of the commodities described in subsection (h), benefits provided under this section. (h) AVAILA B ILITY OF COMMODITIES.—During fiscal year 2010, the Secretary of Agriculture may utilize funds appropriated under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) to purchase commodities for emergency distribution in any area of the United States during a pandemic emergency designation. (i) DEFINITIONS.—In this section
(1) 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
