II 110th CONGRESS 2d Session S. 3614 IN THE SENATE OF THE UNITED STATES September 26 (legislative day, September 17), 2008 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require semiannual indexing of mandatory Federal food assistance programs.

1.

Short title

This Act may be cited as the National Hunger Relief Act of 2008.

2.

Nutrition programs

(a)

Supplemental nutrition assistance program

Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) is amended— (1)by striking (u) Thrifty food plan means and inserting the following: (u)

Thrifty food plan

(1)

In general

The term thrifty food plan means ; (2)in the second sentence— (A)by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; (B)by striking The cost of such diet and inserting the following: (2)

Adjustments

The cost of the diet described in paragraph (1) ; and (C)by striking subparagraph (D) (as redesignated by subparagraph (A)) and inserting the following: (D)(i)on October 1, 2009, adjust the cost of the diet to reflect 102 percent of the cost of the diet in the preceding June, and round the result to the nearest higher dollar increment for each household size, except that the Secretary may not reduce the cost of the diet below that in effect during the immediately preceding fiscal year; (ii)on October 1, 2010, adjust the cost of the diet to reflect 102.5 percent of the cost of the diet in the preceding June, and round the result to the nearest higher dollar increment for each household size, except that the Secretary may not reduce the cost of the diet below that in effect during the immediately preceding fiscal year; and (iii)on October 1, 2011, and each October 1 thereafter, adjust the cost of the diet to reflect 103 percent of the cost of the diet in the preceding June, and round the result to the nearest higher dollar increment for each household size, except that the Secretary may not reduce the cost of the diet below that in effect during the immediately preceding fiscal year. . (b)

Conforming amendments

(1)Section 19(a)(2)(A)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking 3(u)(4) and inserting 3(u)(2). (2)Section 27(a)(2)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)(2)(C)) is amended by striking 3(u)(4) and inserting 3(u)(2).

3.

School Meals

(a)

Commodities

Section 6(c)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(c)(1)) is amended— (1)in subparagraph (A), by striking on July 1, 1982, and each July 1 thereafter and inserting in accordance with subparagraph (B); and (2)by striking subparagraph (B) and inserting the following: (B)

Adjustment

The Secretary shall— (i)on each January 1, increase the value of food assistance for each meal by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for September, October, and November each year; (ii)on each July 1, increase the value of food assistance for each meal by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year; and (iii)round the result of each increase to the nearest higher 1/4 cent. . (b)

Overall Adjustment

Section 11(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)) is amended— (1)in paragraph (2), by striking 98.75 cents and inserting the amount computed under paragraph (3); and (2)in paragraph (3)— (A)in subparagraph (A)— (i)in the matter before clause (i), by striking July 1, 1982, and on each subsequent July 1, an annual adjustment and inserting each January 1 and July 1, a semiannual increase; and (ii)in clause (ii), by striking (as established under paragraph (2) of this subsection); (B)in subparagraph (B)— (i)in clause (i), by striking annual adjustment and inserting semiannual increase; (ii)in clause (ii)— (I)by striking annual adjustment and inserting semiannual increase; and (II)by striking 12-month period and inserting 6-month period; and (iii)by striking clause (iii) and inserting the following: (iii)

Rounding

On each January 1 and July 1, the national average payment rates for meals and supplements shall be— (I)increased to the nearest higher cent; and (II)based on the unrounded amount previously in effect. . (c)

Payments to Service Institutions

Section 13(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(1)) is amended by striking subparagraph (B) and inserting the following: (B)

Adjustments

The Secretary shall— (i)on each January 1, increase each amount specified in subparagraph (A) as adjusted through the preceding July 1 to reflect changes for the 6-month period ending the preceding November 30 in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; (ii)on each July 1, increase each amount specified in subparagraph (A) as adjusted through the preceding January 1 to reflect changes for the 6-month period ending the preceding May 31 in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; (iii)base each increase on the unrounded amount previously in effect; and (iv)round each increase described in clauses (i) and (ii) to the nearest higher cent increment. . (d)

Reimbursement of Family or Group Day Care Home Sponsoring Organizations

(1)

Tier I

Section 17(f)(3)(A)(ii)(IV) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(IV)) is amended by striking subclause (IV) and inserting the following: (IV)

Adjustments

On each July 1 and January 1, the Secretary shall— (aa)increase each reimbursement factor under this subparagraph to reflect the changes in the Consumer Price Index for food at home for the most recent 6-month period for which the data are available; (bb)base each increase on the unrounded amount previously in effect; and (cc)round each increase described in item (aa) to the nearest higher cent increment. . (2)

Tier II

Section 17(f)(3)(A)(iii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(I)) is amended by striking item (bb) and inserting the following: (bb)

Adjustments

On each July 1 and January 1, the Secretary shall increase the reimbursement factors to reflect the changes in the Consumer Price Index for food at home for the most recent 6-month period for which the data are available, base the increases on the unrounded amount previously in effect, and round the increases to the nearest higher cent increment. . (e)

Special Milk Program

Section 3(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)) is amended— (1)by striking paragraph (7) and inserting the following: (7)

Minimum rate of reimbursement

For each school year, the minimum rate of reimbursement for a 1/2 pint of milk served in schools and other eligible institutions shall be not less than minimum rate of reimbursement in effect on September 30, 2008, as increased on a semiannual basis each school year to reflect changes in the Producer Price Index for Fresh Processed Milk published by the Bureau of Labor Statistics of the Department of Labor. ; and (2)in paragraph (8), by inserting higher after nearest.

4.

Effective Date

The amendments made by this Act take effect on October 1, 2008.