[Congressional Record Volume 148, Number 39 (Thursday, April 11, 2002)]
[Senate]
[Pages S2580-S2582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. STABENOW (for herself, Mr. Domenici, and Mr. Levin):

  S. 2108. 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; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Ms. STABENOW. Madam President, I rise today to introduce the Senior 
Nutrition Act that will help prevent our seniors from having to make 
the choice between food and medicine as they try to balance their 
budgets.
  That, is the most horrible of choices.
  The problem, is this:
  The average senior citizen pays over $1,000 per year on prescription 
drugs. Many of these seniors, the majority of whom are widows, depend 
entirely on Social Security for their income and cannot afford to buy 
their prescription drugs without cutting back on their food.
  At the same time, many food banks and other nutrition programs are 
reporting an increase in participation by seniors.
  These same food banks also say they are frustrated that many seniors 
they would like to help are not eligible because under the United 
States Department of Agriculture's, USDA, important nutrition program, 
the Commodity Supplemental Food Program, CSFP, seniors are not able to 
deduct the cost of their medications when seeking eligibility for food 
assistance.
  While clearly in need of help, and clearly deserving of help, these 
seniors have to be turned away.
  Michigan has the greatest number of CSFP participants in the country, 
last year over 80,000 people benefited from this important program in 
my State and 66,123 were seniors. I have a letter from the Director of 
the largest program in our State asking for help. I

[[Page S2581]]

would like to insert his letter for the record because he raises some 
very important points. Most importantly, he points out that if 
something is not done to fix this program, many seniors will be turned 
away. These are seniors just barely getting along, who rely on the 
modest food package provided by the CSFP.
  The Senior Nutrition Act helps resolve this problem and helps the 
neediest seniors by amending the eligibility criteria for nutrition 
assistance provided through the CSFP. Most importantly, the bill 
acknowledges the extraordinarily high out-of-pocket medical expenses 
that senior citizens have and helps these seniors by making many of 
them eligible for the food available through the CSFP. The Senior 
Nutrition Act means the fewer seniors will be forced to make the tough 
choice between medication or food.
  Nationally, 28 States and the District of Columbia participate in the 
CSFP, which works to improve the health of both women with children and 
seniors by supplementing their diets with nutritious USDA commodity 
foods. An average of more than 388,000 people each month participated 
in the CSFP during fiscal year 2000. Of those, 293,000 were elderly and 
that number is on the rise. This program is important for anyone who 
cares about making sure seniors have enough to eat.
  The bill I am introducing today, the Senior Nutrition Act, makes the 
following important changes: one: In those areas where CSFP operates, 
categorical eligibility is granted for seniors for the CSFP if the 
individual participates or is eligible to participate in the Food Stamp 
Program. No further verification of income would be necessary in such 
cases. The Food Stamp Program provides a medical expense deduction, 
which seniors may use to account for their high prescription drug 
costs.
  Two: This bill says that the same income standard that is currently 
used to determine eligibility for women, infants and children in the 
CSFP, 185 percent of the Poverty Income Guidelines, would be applied to 
seniors as well. The current income eligibility standard for seniors 
has been capped by regulation at just 130 percent. Under the current 
standards a single senior must earn no more than $11,518 per year to 
qualify. By raising the standard to 185 percent of poverty, the same 
senior can earn as much as $16,391 to qualify for food. This will make 
a major difference in the lives of so many seniors who are struggling 
with the high cost of prescription drugs.
  Finally, this bill establishes an authorization for the CSFP that 
will double the current appropriation levels to $200 million over five 
years to accommodate any expansion that may occur in the program due to 
the changes in eligibility standards.
  This bill has been endorsed by the National CSFP Association. I would 
like to submit a copy of their letter for the Record.
  The golden years should be bright and active years for our seniors. 
They should not be lived in a grey dusk of indifference as we sit by 
and watch them make literal life and death decisions between food and 
medicine.
  I would like to thank my colleagues who have joined me as original 
cosponsors of this bill, Senators Levin and Domenici. Together, I know 
we can make a difference for seniors.
  I ask unanimous consent that the text of this bill and that the 
letters from Mr. Frank Kubik and Ms. Barb Packett be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2108

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Senior Nutrition Act of 
     2002''.

     SEC. 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) 3 in 5 Medicare beneficiaries do not have dependable, 
     affordable, prescription drug coverage;
       (3) as medical costs continue to rise, many senior citizens 
     are forced to make the difficult choice between purchasing 
     prescription drugs and purchasing food;
       (4) the commodity supplemental food program provides 
     supplemental nutritious foods to senior citizens in a number 
     of States and localities;
       (5) 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;
       (6) during fiscal year 2000--
       (A) an average of more than 388,000 people each month 
     participated in the commodity supplemental food program; and
       (B) the majority of those participants, 293,000, were 
     senior citizens; and
       (7) 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.

     SEC. 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 
     2002 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 are authorized to be appropriated 
     to carry out the commodity supplemental food program--
       ``(A) $120,000,000 for fiscal year 2003;
       ``(B) $140,000,000 for fiscal year 2004;
       ``(C) $160,000,000 for fiscal year 2005;
       ``(D) $180,000,000 for fiscal year 2006;
       ``(E) $200,000,000 for fiscal year 2007; and
       ``(F) such sums as are necessary for fiscal year 2008 and 
     each fiscal year thereafter.
       ``(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.--
       (1) Section 5(a) of the Agriculture and Consumer Protection 
     Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended 
     by striking ``Secretary (1) may'' and all that follows 
     through ``(2) shall'' and inserting ``Secretary shall''.
       (2) 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)''.
                                  ____

                                                February 21, 2002.
     Hon. Debbie Stabenow,
     Hart Senate Office Building, Washington, DC.
       Dear Senator Stabenow: I am writing this letter to ask for 
     your continued support for the Commodity Supplemental Food 
     Program. We are facing some potential problems in the 
     upcoming months that I would like to bring to your attention.
       For FY02 we may be seeing program participation threaten to 
     exceed our assigned caseload of 42,700 here at Focus: HOPE as 
     well as other programs nationally that are at or above their 
     assigned caseloads due to the downturn in the economy. 
     November saw us serve 43,553 and 42,902 participated in 
     January. These are traditionally slow months for us and my 
     concern is that if we continue to serve over one hundred per 
     cent of our caseload and additional resources are not found, 
     we may be faced with the prospect of removing senior citizens 
     from our program. The Department of Agriculture has done an 
     outstanding job in assigning caseload nationally to maximize 
     its usage but if this participation trend continues they may 
     not have the ability to meet the demand. Seniors depend 
     heavily on the nutritious commodities provided by CSFP. In 
     many cases this is a lifeline for them by not only giving 
     them access to the food but also the additional services many 
     CSFP's are able to bring to the

[[Page S2582]]

     seniors by the strong use of volunteers and other community 
     programs.
       My hope is that we will not get to the point of removing 
     seniors from the program and that additional caseload, if 
     needed, can be found.
       Another point I would like to bring up is the plight of 
     senior citizens who are over the income guideline limits of 
     one hundred and thirty per cent of the poverty level and are 
     ineligible for CSFP. We routinely have to turn away seniors 
     who's income is over the guidelines yet have major expenses 
     in the way of prescriptions and other medical care that 
     leaves very little to live on for the rest of the month. The 
     average income of a senior on our program is around $520 a 
     month. Even though the maximum amount for participation is 
     $931 a month we find many who don't qualify due to the 
     reasons I've mentioned. A possible solution is to increase 
     the senior income guidelines to the same amount as mothers 
     and children who are participating in CSFP of one hundred and 
     eighty five per cent of the poverty level. Originally when 
     the senior program was piloted in 1983, the income guidelines 
     were the same. They were reduced after the seniors were 
     permanently added to the program. Increasing the income 
     guidelines would address the needs of a growing senior 
     population while still maintaining priority to mothers and 
     children in the program as required by regulations.
       I know that this is a time of tightening budgets but I am 
     hopeful that a way will be found to continue to support this 
     much needed program that has made a difference in so many of 
     our most vulnerable citzens.
       I am most appreciative of all of your support for Focus: 
     HOPE and the Commodity Supplemental Food Program.
           Sincerely,
                                                      Frank Kubik,
     CSFP Manager.
                                  ____



                                    National CSFP Association,

                                                   March 18, 2002.
     Hon. Debbie Stabenow,
     U.S. Senate, Hart Senate Bldg., Washington, DC.
       Dear Senator Stabenow: The National Commodity Supplemental 
     Food Program (CSFP) Association strongly supports your 
     efforts to introduce and pass The Stabenow/Domenici Senior 
     Nutrition Act in the upcoming weeks.
       CSFP enables us to reach the most vulnerable seniors along 
     with mothers and children every month with a food package 
     designed to supplement protein, calcium, iron and vitamin A & 
     C. The Hunger in America 2001 study done by America's Second 
     Harvest reports that of the people seeking emergency food 
     assistance, 30 percent had to choose between paying for food 
     and paying for medicine or medical care. By amending the 
     eligibility criteria for the seniors served by CSFP, this Act 
     will assist the neediest of seniors in receiving nutrition 
     assistance they so desperately need to remain in better 
     health.
       On behalf of the Association, let me thank you again for 
     all your efforts on behalf of the CSFP and the participants 
     we serve. We are committed to supporting The Stabenow/
     Domenici Senior Nutrition Action.
           Sincerely,
                                                     Barb Packett,
                                        Legislative Affairs Chair.

  Mr. LEVIN. Madam President, today I am proud to be an original 
cosponsor of the Senior Nutrition Act. This legislation which is 
cosponsored by my friend and colleague from my home state of Michigan, 
Senator Stabenow as well as my good friend Senator Domenici seeks to 
address in inequity in the Commodity Supplemental Food Program, CSFP, 
that I have long sought to address.
  CSFP is an important U.S. Department of Agriculture commodity food 
program that serves nearly four hundred thousand individuals every 
month, many of whom live in my home state of Michigan. The vast 
majority of these individuals are senior citizens. In fact, CSFP is the 
primary senior commodity program of the USDA. The average senior 
citizen pays $1000 dollars per year to purchase prescription drugs, and 
many senior citizens living on fixed incomes, are forced to choose 
between prescription drugs and food.
  Given the dire choices facing many seniors, reforming the Commodity 
Supplemental Food Program so that it can serve more seniors is a matter 
of great importance. This legislation seeks to increase the ability of 
seniors to get the food that they need by granting categorical 
eligibility for seniors if they can participate in the Food Stamp 
Program. Additional verification is not needed in this case. The Food 
Stamp Program provides a medical expense deduction which seniors may 
use to account for their high prescription drug costs. This legislation 
will also raise the CSFP eligibility level for seniors to 185 percent 
of the poverty level. Raising the eligibility level to 185 percent of 
the poverty level, from the current level of 130 percent, would make 
eligibility levels consistent for women with children and senior 
citizens. In addition this bill will raise the authorized level for 
CSFP to $200 million of funding over 5 years. This will ensure that all 
eligible to receive food under CSFP will do so while allowing for the 
expansion of the program beyond the 28 States and the District of 
Columbia which currently participate in the program.
  I am proud to be an original cosponsor of this legislation, and would 
like to thank Senators Stabenow and Domenici for their hard work in 
crafting this legislation. I hope that my Senate colleagues will join 
us in supporting and assign this legislation.
                                 ______