Pandemic EBT Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6200 To authorize the Secretary of Agriculture to provide certain food assistance for eligible children during periods when their schools are closed due to a public health emergency; and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2020 Ms. FUDGE (for herself and Mr. SCOTT of Virginia) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Education and Labor, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of Agriculture to provide certain food assistance for eligible children during periods when their schools are closed due to a public health emergency; and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Pandemic EBT Act 4 of 2020’’. 5 VerDate Sep 11 2014 22:40 Mar 19, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6200.IH H6200 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 6200 IH SEC. 2. DEPARTMENT OF AGRICULTURE ASSISTANCE DUR- 1 ING PUBLIC HEALTH EMERGENCY. 2 (a) PANDEMIC EMERGENCY.—During fiscal year 3 2020, in any case in which a school is closed for at least 4 5 consecutive days during a public health emergency des- 5 ignation during which the school would otherwise be in 6 session, each household containing at least 1 member who 7 is an eligible child attending the school shall be eligible 8 to receive assistance pursuant to a State agency plan ap- 9 proved under subsection (b) 10 (b) ASSISTANCE.—To carry out this section, the Sec- 11 retary of Agriculture may approve State agency plans for 12 temporary emergency standards of eligibility and levels of 13 benefits under the Food and Nutrition Act of 2008 (7 14 U.S.C. 2011 et seq.) for households with eligible children. 15 Plans approved by the Secretary may provide for supple- 16 mental allotments to households receiving benefits under 17 such Act, and issuances to households not already receiv- 18 ing benefits. Such level of benefits shall be determined by 19 the Secretary in an amount not less than the value of 20 meals at the free rate over the course of 5 school days 21 for each eligible child in the household. 22 (c) MINIMUM CLOSURE REQUIREMENT.—The Sec- 23 retary of Agriculture shall not provide assistance under 24 this section in the case of a school that is closed for less 25 than 5 consecutive days. 26 VerDate Sep 11 2014 22:40 Mar 19, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6200.IH H6200 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 6200 IH (d) USE OF EBT SYSTEM.—A State agency may pro- 1 vide assistance under this section through the EBT card 2 system established under section 7 of the Food and Nutri- 3 tion Act of 2008 (7 U.S.C. 2016). 4 (e) RELEASE OF INFORMATION.—Notwithstanding 5 any other provision of law, the Secretary of Agriculture 6 may authorize State educational agencies and school food 7 authorities administering a school lunch program under 8 the Richard B. Russell National School Lunch Act (42 9 U.S.C. 1751 et seq.) to release to appropriate officials ad- 10 ministering the supplemental nutrition assistance program 11 such information as may be necessary to carry out this 12 section. 13 (f) WAIVERS.—To facilitate implementation of this 14 section, the Secretary of Agriculture may approve waivers 15 of the limits on certification periods otherwise applicable 16 under section 3(f) of the Food and Nutrition Act of 2008 17 (7 U.S.C. 2012(f)), reporting requirements otherwise ap- 18 plicable under section 6(c) of such Act (7 U.S.C. 2015(c)), 19 and other administrative requirements otherwise applica- 20 ble to State agencies under such Act. 21 (g) FUNDING.—The Secretary of Agriculture shall 22 use funds made available under the Food and Nutrition 23 Act of 2008 (7 U.S.C. 2011 et seq.) to fund, with the 24 VerDate Sep 11 2014 22:40 Mar 19, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6200.IH H6200 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 6200 IH exception of the commodities described in subsection (h), 1 benefits provided under this section. 2 (h) AVAILABILITY OF COMMODITIES.—During fiscal 3 year 2020, the Secretary of Agriculture may utilize funds 4 appropriated under section 32 of the Act of August 24, 5 1935 (7 U.S.C. 612c), to purchase commodities for emer- 6 gency distribution in any area of the United States during 7 a public health emergency designation. 8 (i) DEFINITIONS.—In this section: 9 (1) The term ‘‘eligible child’’ means a child (as 10 defined in section 12(d), or served under section 11 11(a)(1), of the Richard B. Russell National School 12 Lunch Act (42 U.S.C. 1760(d), 1759(a)(1)) who, if 13 not for the closure of the school attended by the 14 child during a public health emergency designation 15 and due to concerns about a novel coronavirus out- 16 break, would receive free or reduced price school 17 meals under the Richard B. Russell National School 18 Lunch Act (42 U.S.C. 175l et seq.) at the school. 19 (2) The term ‘‘public health emergency designa- 20 tion’’ means the declaration— 21 (A) of a public health emergency, based on 22 an outbreak of coronavirus disease 2019 23 (COVID-19), by the Secretary of Health and 24 VerDate Sep 11 2014 22:40 Mar 19, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6200.IH H6200 jbell on DSKJLSW7X2PROD with BILLS 5 •HR 6200 IH Human Services under section 319 of the Pub- 1 lic Health Service Act (42 U.S.C. 247d); or 2 (B) of a domestic emergency, based on an 3 outbreak of coronavirus disease 2019 (COVID- 4 19), by the Secretary of Homeland Security. 5 (3) The term ‘‘school’’ has the meaning given 6 the term in section 12(d) of the Richard B. Russell 7 National School Lunch Act (42 U.S.C. 1760(d)). 8 Æ VerDate Sep 11 2014 22:40 Mar 19, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H6200.IH H6200 jbell on DSKJLSW7X2PROD with BILLS