Emergencies and disasters
(1) In general
(1)In general#
Notwithstanding any other provision of law, during an emergency period, the Secretary may modify or waive any qualified administrative requirement for one or more State agencies if—
(A) the qualified administrative requirement cannot be met by State agencies during any portion of the emergency period under the conditions which prompted the emergency period; and
(B) the modification or waiver of such a requirement— (i) is necessary to provide assistance under this section; and (ii) does not substantially weaken the nutritional quality of supplemental foods provided under this section.
(1)(A)#
the qualified administrative requirement cannot be met by State agencies during any portion of the emergency period under the conditions which prompted the emergency period; and
(1)(B)#
the modification or waiver of such a requirement—
(i) is necessary to provide assistance under this section; and
(ii) does not substantially weaken the nutritional quality of supplemental foods provided under this section.
(1)(B)(i)#
(2)Duration#
A waiver established under this subsection may be available for a period of not greater than the emergency period and the 60 days after the end of such emergency period.
(3)Definitions#
In this subsection:
(A) Emergency period The term “emergency period” means a period during which there exists— (i) a public health emergency declared by the Secretary of Health and Human Services under section 247d of this title ; (ii) any renewal of such a public health emergency pursuant to such section 247d; (iii) a presidentially declared major disaster as defined under section 5122 of this title ; or (iv) a presidentially declared emergency as defined under section 5122 of this title .
(B) Qualified administrative requirement The term “qualified administrative requirement” means a requirement under this section or a regulatory requirement issued pursuant to this section.
(3)(A)Emergency period#
The term “emergency period” means a period during which there exists—
(i) a public health emergency declared by the Secretary of Health and Human Services under section 247d of this title ;
(ii) any renewal of such a public health emergency pursuant to such section 247d;
(iii) a presidentially declared major disaster as defined under section 5122 of this title ; or
(iv) a presidentially declared emergency as defined under section 5122 of this title .
(3)(A)(i)#
a public health emergency declared by the Secretary of Health and Human Services under section 247d of this title ;