II 110th CONGRESS 1st Session S. 1090 IN THE SENATE OF THE UNITED STATES April 11, 2007 Ms. Stabenow (for herself and Mr. Domenici) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agriculture and Consumer Protection Act of 1973 to assist the neediest of senior citizens by modifying the eligibility criteria for supplemental foods provided under the commodity supplemental food program to take into account the extraordinarily high out-of-pocket medical expenses that senior citizens pay, and for other purposes.

1.

Short title

This Act may be cited as the Senior Nutrition Act of 2007.

2.

Findings

Congress finds that— (1)senior citizens in the United States have significant out-of-pocket costs for medical expenses, especially for prescription drugs; (2)as medical costs continue to rise, many senior citizens are forced to make the difficult choice between purchasing prescription drugs and purchasing food; (3)the commodity supplemental food program provides supplemental nutritious foods to senior citizens in a number of States and localities; (4)under the commodity supplemental food program— (A)women, infants, and children with household incomes up to 185 percent of the Federal Poverty Income Guidelines published annually by the Department of Health and Human Services may be eligible for supplemental foods; but (B)senior citizens are ineligible for supplemental foods if their household incomes are greater than 130 percent of the Federal Poverty Income Guidelines; (5)during fiscal year 2006— (A)an average of 463,124 people each month participated in the commodity supplemental food program; and (B)the majority of those participants, 423,098, were senior citizens; and (6)in order to serve the neediest senior citizens, taking into account their high out-of-pocket medical (including prescription drug) expenses, the eligibility requirements for the commodity supplemental food program should be modified to make more senior citizens eligible for the supplemental foods provided under the program.

3.

Eligibility of elderly persons under the commodity supplemental food program

(a)

In general

Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended— (1)in the first sentence of subsection (d)(2)— (A)by striking provide not less and inserting provide, to the Secretary of Agriculture, not less; (B)by inserting , or such greater quantities of cheese and nonfat dry milk as the Secretary determines are necessary, after nonfat dry milk; and (C)by striking in each of the fiscal years 1991 through 2007 to the Secretary of Agriculture and inserting in each fiscal year; (2)in subsection (i)— (A)by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately; and (B)by striking (i) Each and inserting the following: (i)

Programs serving elderly persons

(1)

Eligibility

An elderly person shall be eligible to participate in a commodity supplemental food program serving elderly persons if the elderly person is at least 60 years of age and— (A)is eligible for food stamp benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or (B)has a household income that is less than or equal to 185 percent of the most recent Federal Poverty Income Guidelines published by the Department of Health and Human Services. (2)

Provision of information

Each ; and (3)by adding at the end the following: (m)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated such sums as are necessary to carry out the commodity supplemental food program. (2)

Limitation on use of funds

None of the funds made available under paragraph (1) shall be available to reimburse the Commodity Credit Corporation for commodities donated to the commodity supplemental food program. . (b)

Conforming amendments

Section 5(g) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended by striking (as defined by the Secretary) and inserting described in subsection (i)(1).