Farm Bill Stalled on Senate Floor

The Senate finally began debate on the 2007 Farm Bill on Monday, only to have it stall and be set aside for the Labor-HHS-Education Appropriations bill. The single largest piece of agricultural legislation spent less than two full days under debate, much to the chagrin of Senate Agriculture, Nutrition, and Forestry Committee Chairman Tom Harkin (D-IA), the bill’s chief author.
Disagreements over the amendment process bogged down progress on the bill, which was taken off the Senate floor for appropriations matters until a deal is worked out.

The farm bill includes an expansion of the Fresh Fruit and Vegetable Program (FFVP). The bill directs $225 million for FY08, if the funding is available. From there, it calls for annual appropriations to dictate the spending levels, though Harkin claims it will lead to about $1.1 billion over five years. Each year, each of the 50 states will receive 1% of the available funds for the program, with the remaining funds allocated based on states’ proportion of students eligible for free or reduced price lunch under the National School Lunch Program. There is no provision for using a portion of the funds for state administrative matters. The House proposal includes 5% of the grant a state receives for state administrative uses.

State educational agencies (SEAs) are directed to allocate the funds to schools where at least 50% of their students are eligible for free or reduce price lunches. Per student spending at an individual school must be between $50 and $75. If there are an insufficient number of schools that meet the 50% requirement, SEAs are directed to give priority to schools with higher proportions of student eligible for free or reduced price lunches. SEAs are also directed to give priority to schools that combine efforts under the FFVP program with additional nutrition and healthy living programs.

At the outset of debate, Majority Leader Harry Reid (D-NV) made a procedural maneuver known as “filling the amendment tree.” Under Senate rules, the Majority Leader’s amendments take precedence over any other amendments on the Senate calendar. “The Tree” refers to the system by which amendments are brought to the floor. By filling the tree, Reid can keep other amendments from coming to the floor, giving him the discretion to allow only certain amendments through. In the first two days, more than 60 amendments were filed.

The slew of amendments came because lawmakers are getting anxious about passing their own priorities through Congress before the end of the year. Since it is quite possible the Farm Bill will be the last piece of major legislation to pass through the Senate this year, some Senators are trying to attach their own priorities to the bill, such as a repeal of the estate tax, another stab at overhauling children’s health insurance, amendments dealing with the Iraq War, and even labor-related proposals. Sens. Reid and Harkin are speaking with those members proposing amendments, hoping to keep non-germane proposals away from the debate. However, if Reid alienates too many Senators by barring their amendments from the floor, he may not be able to get the 60 votes that are needed to bring the bill to a final vote.

Meanwhile, Harkin is considering moving forward with an amendment that will impose national nutrition standards in public schools across the country. The standards will apply to any elementary and secondary schools that receive funding from any national school lunch or other food-related programs. Harkin’s proposal is an expansion beyond his earlier legislative efforts this year. These national standards would carry over into competitive foods that are sold outside of the school cafeteria, including vending and soda machines. The proposal would also trump any state standards already in place, whether they are weaker or stronger than the federal mandate.

Debate should start back up next week, though progress will depend on whether or not Reid and Harkin can reach a compromise with those wishing to propose amendments. If the bill is not completed by the end of next week, the Thanksgiving recess will likely keep the final vote, and subsequent conference with the House until early or mid-December. It is unclear how quickly the two chambers will pass a conference report out to their respective floors, leaving many across the country worried that final reauthorization for the farm bill will not happen until early next year. Next week’s proceedings may be the deciding factor in the remaining time line for the bill to become law.

Author: SAS