Title IV: Nutrition

Food Stamp Program is renamed Supplemental Nutrition Assistance Program effective Oct 2008. Appropriations are authorized through fiscal year (FY) 2012.

Calculated benefits based on number of people in household, maximum FSP benefit, and household income (net of allowable deductions). Deductions included standard deduction (available to all) and targeted earnings, excess shelter, dependent care, child support, and medical costs.

Retains basic structure of benefit formula.

Partially reversed 1996 welfare reform legislation that froze FSP standard deduction and ended its indexation. Linked standard-deduction level to inflation-indexed poverty guidelines so as to phase in increases over time. For 48 States and District of Columbia (DC), deduction set to increase to level of 8.31% of inflation-indexed poverty guidelines in whatever year this amount came to exceed minimum deduction of $134.

Retains link to poverty guidelines for FY 2009, but increases minimum standard deduction to $144 for 48 States and DC.

Requires indexation of previous years' standard deduction based on cost of living increases for FY 2010 and thereafter.

Set minimum allotment at $10 for 1- or 2-person households eligible for benefits.

Replaces $10-minimum benefit with indexed amount equal to 8% of maximum benefit for single-person household.

Allowed dependent-care deduction, when needed for work, training, or education. Deduction limited to $200 for each child under age 2 and not more than $175 for each other dependent.

Eliminates cap on amount of household's dependent-care expenses that can be deducted from its gross income for eligibility and benefit determination.

Included temporary language in appropriations acts since 2005 allowing for exclusion of supplemental military combat earnings for purposes of determining FSP eligibility and benefits.

Excludes additional payment received by member of Armed Forces as a result of deployment to combat zone from consideration in eligibility and benefit determination, as long as such payment was not received immediately prior to serving in a combat zone.

FSP is jointly administered by USDA's Food and Nutrition Service (FNS) and State and local welfare agencies.

Provided States with several options to simplify program, including aligning definitions of income and/or resources to those used in Temporary Assistance to Needy Families (TANF) or Medicaid.

Extends provision.

Extended simplified reporting option (previously granted by regulation) to almost all types of households. This option permitted States to freeze household benefits for 6 months, requiring households to report only those changes in household circumstances that raise household income above 130% of poverty level.

Authorizes all households to be placed on simplified reporting, eliminating prohibition on simplified reporting for elderly, disabled, homeless, and migrant households.

Allowed States option to provide up to 5 months of a fixed level of transitional food stamp benefits to low-income families leaving Federal cash welfare programs.

Expands State option for transitional benefits to include families with children leaving State-funded cash assistance programs.

Allowed households to file for food stamp benefits on day they initiate an application at a local welfare office. Allowed households with hardships (e.g., elderly and working families) to complete applications online or by telephone. Electronic signatures were allowed but could result in delays in filing and receiving benefits.

Allows States to establish system by which applicant may sign application through recorded verbal assent over the telephone. System must record verbal assent, include effective safeguards against impersonation, identify theft and invasions of privacy, not interfere with right to apply in writing, provide household written copy of application with instructions for correcting any errors, and make date of application the date of verbal assent.

Authorized continued operation and matching funding to States with an approved Food Stamp Nutrition Education (FSNE) program.

Makes nutrition education activities a specific component of legislation and gives States discretion to implement nutrition education programs directed at individuals who receive or are eligible for program benefits. Continues requirement for non-Federal matching funds.

No similar provision.

Mandates $20 million to carry out point-of-purchase pilot to encourage households to purchase fruits, vegetables, or other healthful foods.

Authorizes funding as needed for pilot projects for each of FY 2008-12 to develop and test strategies for:

• using program to improve diet and health status among eligible population
• reducing obesity and diet-related disorders in U.S. population

Requires independent evaluations of all pilot projects.

Authorized award of $5 million in grants for FY 2003-07 for projects aimed at simplifying food stamp application and eligibility determination systems for improving access to food stamp benefits by eligible households.

Reauthorizes annual award of grants aimed at simplifying applications and improving access to program, subject to availability of appropriations.

Required Secretary of Agriculture to submit report to Congress on status of Federal and State efforts to implement Electronic Benefit Transfer (EBT) systems using debit cards to replace food stamp coupons as method of FSP benefit issuance.

Eliminated requirement that Federal costs for EBT systems be less than those for paper systems.

Relinquishes Federal obligation to redeem food stamp coupons and recognizes EBT cards as only method for accessing benefits at retail food stores upon enactment.

Allows for exceptions to mandatory use of EBT and stipulates that no interchange fees be applied to program EBT transactions.

No similar provision.

Requires States to establish within 1 year of enactment procedures for recovering electronically issued benefits from inactive benefit accounts.

No similar provision.

Prohibits splitting of any household's monthly benefit into multiple issuances except when benefit correction is needed. Effective Oct 2008.

No similar provision.

Defines situations when Secretary can prohibit State agency from recouping excess benefits inadvertently overpaid to households as result of major system failure. Effective Oct 2008.

The 2002 Farm Act reformed quality-control system by basing financial sanctions on consecutive years of high error rate and replacing enhanced funding for States with low error rates with a performance-bonus system based on several different measures of performance.

Extends provision.

No similar provision.

Disqualifies individuals who are found by administrative or judicial authority to have intentionally sold or destroyed food purchased with program benefits in order to obtain cash. This includes discarding food or beverages to collect return deposits on their containers.

Provides more flexibility in disqualifying and fining retailers who violate program rules. Increases maximum civil money penalty to $100,000 for each violation.

No similar provision.

Prohibits disclosure of information obtained from applicant households for any purpose other than program administration and/or enforcement.

Allows use of such information to administer Federal assistance or Federally assisted programs.

No similar provision.

Requires that consistent definitions be established for circumstances that would disqualify individuals sought by law enforcement officers in relation to criminal proceedings from receiving program benefits.

No similar provision.

Modifies existing law to ensure civil rights compliance and requires program to be administered consistent with age discrimination, rehabilitation, and disability legislation.

No similar provision.

Clarifies State responsibility for program administration in situations where program is locally administered and requires States to keep records demonstrating compliance with program rules.

Requires improvements in Federal and State monitoring of major operational changes that may impact program integrity and/or household access.

No similar provision.

Requires that all State computerized systems receiving Federal matching funds be tested adequately before implementation and that they be continuously updated and tested.

Authorized $110 million annually for Food Stamp Employment and Training (FSE&T) activities for FY 2002-07.

Provides authorization for employment and training funding through program appropriations.

The 2002 Farm Act increased State flexibility in spending FSE&T funds and eliminated $25/month Federal reimbursement cap (established in 1985) for participant transportation and other work costs.

Places 15-month time limit for use of unspent Federal grant funding for employment and training.

Allows employment and training funds to be used for up to 90 days to provide job retention services to individuals who have received other employment and training services.

Relaxes limits on maximum hours voluntary participants can spend in employment and training activities.

Consolidated funding structure for nutrition assistance in Puerto Rico and American Samoa into a single block grant funded at $1.401 billion for FY 2003 with annual adjustments, based on Thrifty Food Plan.

Provides permanent authority for Puerto Rico/American Samoa consolidated block grant, linked to availability of appropriations.

No similar provision.

Provides mandatory funding of $1 million to study feasibility of including Puerto Rico in program in lieu of block grant funding.

Extended Secretary's authority through FY 2007 to reduce matching payments to States for FSP administrative costs in an amount reflecting payments received for administration under TANF program block grant.

Permanently extends Secretary's authority to reduce program administrative cost payments.

Increased mandatory funding for TEFAP commodity purchases to $140 million each year. Authorized $60 million annually for direct and indirect costs to States related to processing, storing, transporting, and distributing commodities (including commodities contributed by farmers through gleaning programs) through FY 2007.

Sets mandatory funding for TEFAP commodity purchases at $190 million for FY 2008 and $250 million for FY 2009; indexes funding for food-price inflation for FY 2010-12.

Requires State TEFAP agencies to submit for approval an operation and administrative plan every 3 years (instead of every 4 years under prior law).

Permanently increases funding for TEFAP agency operations to $100 million annually and allows such funds to be applied to costs of administering wild-game donations.

Extended authorization for FDPIR through FY 2007.

Amends authorization for FDPIR but continues involvement of tribal organizations. Prohibits simultaneous participation of any individual in FSP/SNAP and FDPIR and establishes reciprocal disqualifications in the programs. Authorizes, subject to appropriations, purchase of bison meat for distribution under FDPIR.

Authorizes $5 million annually for FY 2008-12 for fund to purchase and distribute traditional and locally grown foods, designated by region, on Indian reservations. Where practicable, at least 50% of food distributed through the fund must be produced by Native American farmers, ranchers, and producers.

Requires Secretary to submit a report to Congress on FDPIR food package discussing its dietary adequacy and appropriateness for addressing nutritional needs and health challenges specific to Native Americans.

Authorized funding for FY 2003-07, modifying administrative funding formula to provide a specific reimbursement per caseload slot, subject to annual inflation adjustment.

Permanently extends authority for purchase and distribution of food under CSFP and maintains administrative funding formula.

Removes priority to serve women, infants, and children before the elderly.

Required Secretary to use a minimum of $200 million/year through FY 2007 to purchase additional fruits, vegetables, and other specialty food crops. A minimum of $50 million/year was to be used exclusively for purchases of fresh fruits and vegetables to be distributed to schools participating in school lunch and other child nutrition programs.

Authorized Department of Defense (DoD) to act as agency for procurement of fresh fruits and vegetables through its DoD Fresh Program.

Requires that Secretary procure fruits, vegetables, and nuts (in frozen, canned, dried, or fresh form) for use in domestic nutrition assistance programs using Section 32 funds in following amounts:

• $190 million in FY 2008
• $193 million FY 2009
• $199 million FY 2010
• $203 million FY 2011
• $206 million in FY 2012 and thereafter

Retains minimum of $50 million annually for purchase of fresh fruits and vegetables for use in schools and service institutions participating in programs under National School Lunch Act (NSLA). Allows that these amounts may continue to be spent through DoD Fresh Program.

Amended NSLA to require pilot programs to make free fresh (or dried) fruits and vegetables available in a limited number of elementary and secondary schools in 4 States and 1 Indian reservation.

Child Nutrition and WIC Reauthorization Act of 2004 made program permanent and included additional States and Indian reservations.

Expands mandatory funding for Fresh Fruit and Vegetable Program with additional $40 million in FY 2008, $65 million in FY 2009, $101 million in FY 2010, and $150 million in FY 2011. In July 2012 and each July thereafter, funding is to be adjusted for cost-of-living increases. All funds remain available until expended.

Allocates funding among States under a formula distributing roughly half of funds equally among States and rest based on State population.

Allows that participating elementary schools are to be selected by States with priority generally given to schools with highest proportion of children eligible for free or reduced-price school meals. Requires State agencies to initiate special outreach to such children.

Allows that per student grants are to be determined by States at levels no less than $50, or more than $75, annually.

Provides mandatory funding of $3 million from FY 2008 funds and made available until end of FY 2010 to determine whether children participating in program increase their consumption of fruits and vegetables or make other dietary changes, such as decreased consumption of less nutritious food.

No similar provision.

Clarifies that nutrition education under an NSLA "farm to cafeteria" pilot program should promote healthy food education.

Gives priority to projects that can be replicated in other schools.

Authorizes, subject to availability of appropriations, hands-on gardening pilot programs at "high-poverty" schools in up to 5 States.

Authorized annual funds of up to $5 million for Community Food Competitive Grants for FY 2002-07 and expanded definition for qualifying projects.

Continues authorization for annual funding of $5 million for Community Food Competitive Grants through FY 2012.

No similar provision.

Authorizes establishment of a Healthy Urban Food Enterprise Development Center. Provides funding of $1 million annually in FY 2009-11 and authorizes $2 million for FY 2012 to increase underserved communities' access to healthy foods, including locally grown and produced agricultural products.

Directs Center to provide technical assistance and authorizes Center to competitively award subgrants to carry out feasibility studies and to establish and assist enterprises that process, distribute, aggregate, store, and market healthy, affordable foods.

Limits administrative expenses to 10% of funding.

Authorized $5 million in FY 2002 and $15 million/year through FY 2007 to implement and expand Senior Farmers' Market Nutrition Program to provide fresh, locally grown produce to low-income seniors.

Authorized $15 million in additional funding for WIC Farmers' Market Nutrition Program to help participants obtain fresh produce from farmers' markets.

Extends authorization of Senior Farmers' Market Nutrition Program through FY 2012, with mandatory funding of $20.6 million annually.

Disallows value of any benefit provided by program to be considered as income or resources and prohibits collection of State and local sales tax on purchases of food made with program benefits.

Directed Secretary to encourage schools participating in National School Lunch and School Breakfast Programs to purchase locally produced foods. Authorized annual funding of $400,000 for FY 2003-07 to provide startup grants for up to 200 institutions.

Directs Secretary to encourage institutions, such as schools, that receive funds from child nutrition programs to purchase unprocessed agricultural products, both locally grown and locally raised, to maximum extent practicable and appropriate. Allows use of geographic preference in procurement in all programs funded under NSLA, Child Nutrition Act, and DoD Fresh Program.

No similar provision.

Authorizes through FY 2012, subject to appropriations, a "hunger-free community" grants program to award grants to food-program service providers and local nonprofit organizations (such as emergency feeding organizations) to make up Federal share (up to 80%) of projects that assess community hunger problems and meet, or develop, new strategies to create hunger-free communities.

No similar provision.

Authorizes, subject to appropriations, competitive grants totaling $15 million/year through FY 2012 to expand capacity and infrastructure of food banks to:

• improve their ability to handle perishable food products
• improve identification of potential providers of donated food
• support procurement of locally produced food from small family farms and ranches

Requires that 50% or more of grant funds be targeted to agencies that predominantly serve rural communities.

Reauthorized Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows programs (to be funded from proceeds of trust fund, gifts, and annual appropriations of $2.5 million).

Authorizes National And International Hunger Fellows through FY 2012 subject to appropriations.

No similar provision.

Instructs Secretary to establish pilot project to purchase whole grains and whole-grain products for use in school meal programs. Requires an evaluation to determine whether whole-grain consumption increased and which products were most acceptable to schoolchildren. Authorizes $4 million from Section 32 funds to fund project.

No similar provision.

Secretary should undertake training, guidance, and enforcement of Buy American statutory requirements in NSLA and DoD Fresh Program. No authorization for appropriations.

No similar provision.

Requires Secretary to undertake nationally representative survey during FY 2009 of foods purchased by schools participating in school lunch program. Authorizes 1-time funding of $3 million for survey.

No similar provision.

Requires Secretaries of Agriculture and Health and Human Services to jointly monitor, conduct research on, and disseminate to the public information on diet, nutrition, physical activity, and related issues.