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2002 Farm Bill

SECTION-BY-SECTION SUMMARY 
OF PROVISIONS AFFECTING
SPECIAL NUTRITION PROGRAMS

USDA Farm Bill logoThe following provides a summary of provisions affecting Supplemental food Programs in the Farm Security and Rural Investment Act of 2002 (HR 2646). This is intended for public information purposes and is not intended as an official directive or interpretation of policy.

Section 1507 - Study of National Dairy Policy - This provision requires the Secretary to conduct a comprehensive economic evaluation of the effects of the national dairy policy on (a) farm price stability, profitability, and viability; (b) child, senior and low income nutrition programs; and (c) the wholesale and retail cost of fluid milk, dairy farms and milk utilization. National dairy policy includes federal milk marketing orders; interstate dairy compacts; over order premiums and state pricing programs; etc. A report to Congress is due 1 year after date of enactment.

Section 1508 - Studies of Effects of Changes in Approach to National Dairy Policy and Fluid Milk Identity Standards - This provision requires the Secretary to study (a) the effects of terminating all Federal programs relating to price support and supply management for milk and establishing regional compacts, and (b) the effects of establishing minimum protein standards to be included in the standard of identity for fluid milk. A report to Congress is due 1 year after date of enactment.

Section 3107 - McGovern-Dole International Food for Education and Child Nutrition Program - This provision authorizes the President to provide U. S. agricultural commodities and financial and technical assistance for (a) preschool and school food for education programs in foreign countries to improve food security, reduce hunger, and improve literacy and (b) for maternal, infant and child nutrition programs for pregnant women, nursing mothers, and infants and children. The provision authorizes $100,000 of the funds of the Commodity Credit Corporation for fiscal year 2003 and authorizes such sums as are necessary for each of fiscal years 2004 through 2007. The provision authorizes the Food and Nutrition Service to provide technical advice on the establishment of programs and on implementation of the programs in the field in recipient countries.

Section 4122 - Reauthorization of the Food Distribution Program on Indian reservations (effective October 1, 2002) - This provision authorizes the Food Distribution Program on Indian Reservations through fiscal year 2007.

Section 4126 - Availability of Commodities for the Emergency Food Assistance Program (effective October 1, 2001) - This provision reauthorizes the Emergency Food Assistance Program through fiscal year 2007 and increases from $100 million to $140 million the amount of Food Stamp Program appropriations that must be used for each of fiscal years 2002 through 2007 to purchase commodities for the Emergency Food Assistance Program.

Section 4201(a) - Commodity Supplemental Food Program Reauthorization (effective October 1, 2002) - This provision reauthorizes the Commodity Supplemental Food Program through fiscal year 2007.

Section 4201(b) - Commodity Supplemental Food Program: Grants per Assigned Caseload Slot (effective October 1, 2002) - This provision establishes for fiscal years 2003 through 2007 a grant per assigned caseload slot for State and local administrative costs for the Commodity Supplemental Food Program. The grant for fiscal year 2003 equals the amount available per caseload slot in fiscal year 2001, adjusted by the percentage change between the value of the State and Local Government Price Index for the 12-month periods ending June 30, 2001 and June 30, 002. For each of fiscal years 2004 through 2007, the grant per slot equals the grant per slot for the preceding year, adjusted by the percentage change between the value of this index for the 12-month periods ending June 30 of the second preceding fiscal year and June 30 of the preceding fiscal year. This provision amends legislation under which administrative funding equaled the sum of 20 percent of the current program appropriation and 20 percent of any food funding carried over from the previous fiscal year. Each State's share of these funds was determined by the percentage of total caseload that it received.

Section 4201(c) - Commodity Supplemental Food Program: Additional Funding for Certain States (effective date of enactment) - This provision mandates that, not later than 30 days after the date of enactment, the Secretary make available Commodity Credit Corporation funds to each State that began administering the program in the 2000 caseload cycle an amount that the Secretary determines to be necessary for the State to administer the program through the 2002 cycle at a caseload level not less than the State's originally assigned caseload level.

Section 4201(l) -Use of Approved Food Safety Technology (effective date of enactment) - This provision allows the use of any technology to improve food safety that has been approved by the Secretary or has been approved or otherwise allowed by the Secretary of Health and Human Services in programs authorized under the Emergency Food Assistance Act of 1983, the Richard B. Russell National School Lunch Act, and the Child Nutrition Act of 1966.

Section 4202 - Commodity Donations (effective date of enactment) - This provision authorizes the Secretary to distribute commodities acquired in the conduct of operations of the Commodity Credit Corporation and under Section 32 of the Act of August 24, 1935, to any program under the Secretary's authority that involves acquisition of commodities for a domestic feeding program. Covered programs include those authorized by the Emergency Food Assistance Act of 1983, the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, the Older American Act of 1965, or other laws the Secretary deems appropriate. This authority applies to such commodities to the extent that they are in excess of the quantities necessary to carry out activities of the Commodity Credit Corporation, including any quantity reserved for a specific purpose.

Section 4203 - Distribution of Surplus Commodities to Special Nutrition Projects (effective October 1, 2002) - This provision extends through September 30, 2007 the Secretary's authority to enter in to agreements with private companies to reprocess "bonus" commodities in to end-food products to encourage consumption.

Section 4204 - Emergency Food Assistance (effective October 1, 2002) - This provision increases from $50 million to $60 million the amount authorized to be appropriated for each of fiscal years 2003 through 2007 for State and local costs incurred in the operation of the Emergency Food Assistance Program. The provision strikes the word "administrative" from the description of allowable costs, clarifies that storage costs are allowable by adding a specific reference to this cost category, and confirms, through the addition of a specific reference, that these funds can be used for allowable costs incurred in connection with foods secured through gleaning.

Section 4301 - Commodities for School Lunch Program (effective date of enactment) - This provision extends until October 1, 2003 removal of the mandate that any "bonus" commodities acquired for agricultural support purposes and donated to schools be counted toward a minimum requirement that 12 percent of all school lunch assistance be in the form of commodities.

Section 4302 - Eligibility for Free and Reduced Price Meals (effective upon enactment) - This provision requires that in cases where military personnel live in "privatized" housing (as defined in sec. 403 of Title 37), their housing allowance not be counted as income in determining eligibility for free and reduced price lunches for each of fiscal years 2002 and 2003.

Section 4303 - Purchases of Locally Produced Foods (effective date October 1, 2002) - This provision requires the Secretary to encourage institutions participating in the school lunch and breakfast programs to purchase locally produced foods, to the maximum extent practicable; advise institutions of the locally produced food policy; and provide startup grants to up to 200 institutions to defray initial costs of equipment, materials, storage facilities, and similar costs. It authorizes $400,000 a year for each of fiscal years 2003-2007.

Section 4304 - Applicability of Buy American Requirement to Puerto Rico (effective date October 1, 2002) - This provision extends the Buy American provision to Puerto Rico. Under this provision, products from Puerto Rico will have an advantage over foreign products, but will not have an advantage over products produced or grown in one of the 48 contiguous states or Hawaii.

Section 4305 - Fruit and Vegetable Pilot Program (effective upon enactment) - This provision requires the Secretary to make free fresh and dried fruits and fresh vegetables available to students in 25 schools in each of 4 states and students in schools on one Indian reservation, in the 2002-2003 school year. A report to Congress is due May 1, 2003. Section 32 funds are authorized to carry out the pilot program (not more than $6 million). The Managers recommended the selection of four States: Indiana, Iowa, Michigan, and Ohio.

Section 4306 - Eligibility for Assistance in the WIC Program (effective upon enactment) - This provision provides State agencies the option to exclude payments to military personnel for privatized housing, whether on base or off base, in determining income eligibility for the WIC Program.

Section 4307 - Funds for the WIC Farmers' Market Nutrition Program (FMNP) (effective upon enactment) - This provision requires the Secretary to use, and make available not later than 30 days after enactment of the Act, $15 million in Commodity Credit Corporation (CCC) funds for the FMNP for FY 2002. These funds are to remain available until expended.

Section 4402 - Funds for the Seniors' Farmers Market Nutrition Program (SFMNP) (effective as noted below) - This provision requires the Secretary to use $5 million in funds available to the CCC for the SFMNP for FY 2002. In addition, this provision requires the use of $15 million in CCC funds for each of FYs 2003 through 2007 to carry out and expand the SFMNP. Further, this provision sets forth the purposes of the program, and specifies that the Secretary may issue regulations considered necessary to carry out the SFMNP.

Section 4404 - Hunger Fellowship Program (effective October 1, 2002) - This provision establishes, as an independent entity of the legislative branch, the Congressional Hunger Fellows Program. This provision sets forth the organizational structure, purpose, and responsibilities of the Program.

This provision mandates that the Secretary use a minimum of $200 million per year from Section 32 funds to purchase additional fruits, vegetables and other specialty food crops. Of these funds, a minimum of $50 million per year is to be used exclusively for additional purchases of fresh fruits and vegetables through the Department of Defense Fresh Program for use by schools and institutions participating in food service programs under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966.

 

Last modified: 11/28/2008