With Farm Bill Still Stalled, Nutrition Takes Center Stage

Negotiators have not made much progress regarding the Farm Bill this week. The chairmen and ranking members of the House and Senate Committees on Agriculture, Nutrition and Forestry were able to unify against efforts by the House Ways and Means and Senate Finance Committees to gain jurisdiction over certain Farm Bill programs, but they remain at odds with the White House regarding total spending for the bill. Meanwhile, school nutrition gained the spotlight early this week during a Congressional hearing and a legislative action conference.

The current Farm Bill, set to expire on March 15th, will likely be extended through April, as Congress seems unable to reach common ground with the Bush Administration. Despite her very outspoken opposition to an extension, Speaker of the House Nancy Pelosi (D-CA) will allow for a month-long extension, but no more than that. Congressional leaders are growing exceedingly frustrated with the Administration over the Farm Bill negotiations. House and Senate leaders were able to reach a tentative agreement on spending that is $10 billion above baseline spending, $4 billion more than the level the White House supports.

Despite the White House’s concerns, if Congress can find acceptable offsets, President Bush may still sign the bill when it gets to his desk. However, President Bush and Sen. Harkin disagree on what constitutes an adequate offset. About $8 billion of the $10 billion in offsets would come from spending cuts on the Administration’s list. Congressional aides say Administration officials have put their stamp of approval on those spending cuts, but are not likely to support any additional offsets in spending that would require new taxes.

While the Farm Bill sits in limbo, school nutrition advocates descended on Capitol Hill this week, laying out their priorities for the remainder of the legislative session. The School Nutrition Association’s Legislative Action Conference made national nutrition standards a priority this week, but Congress seemed much more interested in the causes and effects of the recent beef recall. At a House Education and Labor Committee hearing on Tuesday, panelists came prepared to discuss efforts to ensure that all foods sold on school property are held to a high set of uniform nutritional standards. Members of the committee, however, continued to zero in on the beef recall, specifically grilling U.S. Department of Agriculture officials on the process by which they monitor the quality of beef processed in the United States.

Some advocates fear that their other messages were lost in the clutter, but the majority of advocates who came to Capitol Hill spent much of their time meeting with their Representatives and Senators, making sure that the delegation is well aware of the nutrition priorities of the various states.

Resources:
Catharine Richert and Adrianne Kroepsch, “Pelosi Won’t Back Farm Bill Extension,” CQ Today, March 6, 2008.
Geof Koss, “Key Farm Bill Players Cite Progress, Unity on Jurisdictional Rift,” Congress Now, March 6, 2008.
Author: SAS

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School Nutrition Advocates Push for National Standards

As negotiations on the Farm Bill continue, school nutrition advocates are preparing another push for national standards on foods sold in public schools. After Senate Agriculture, Nutrition and Forestry Committee Chairman Tom Harkin (D-IA) failed to get a national standards amendment on the Farm Bill, advocates focused efforts on expanding the Fresh Fruit and Vegetable Program (FFVP). Now that the bill is stalled in pre-conference negotiations, the School Nutrition Association (SNA) is planning a new campaign for national standards through independent legislation.

Next week, SNA is holding its annual Legislative Action Conference on Capitol Hill. In advance of this conference SNA released a statement that it will urge Congress to require science-based, yet practical, uniform national school nutrition standards to govern the sale of all foods and beverages available during the school day. SNA’s priorities include:

• Giving the Secretary of Agriculture the authority to regulate and enforce the sale of food and beverages outside of the cafeteria.
• Requiring all a la carte and competitive food sales to be consistent with the Dietary Guidelines, as is required for school meals.
• Requiring national uniformity for the school meal pattern throughout the country. Children in all states and local districts need the same nutrients to grow and to be healthy. The current lack of uniformity is increasing the cost of the programs.

As the Farm Bill made its way through the Senate last fall, Sen. Harkin attempted to attach an amendment that would have put similar standards in place. However, due to the overly-contentious debate over the amount of amendments that Majority Leader Harry Reid (D-NV) would allow, Harkin chose to forgo efforts to attach his amendment, allowing other Senators to advance their own priorities. The amendment’s language was based on S. 771, Child Nutrition Promotion and School Lunch Protection Act, which Harkin introduced last year. Whether or not that legislation will move forward before the end of the 110th Congress remains to be seen.

Meanwhile, Congressional leaders met with the White House this week to negotiate overall spending for the Farm Bill. Earlier this month, House leaders proposed $6 billion over baseline, and received the President’s support, so long as offsets did not include raising taxes. President Bush continues to oppose any tax increases, preferring to find offsets in the form of spending cuts. The House proposal did not receive a warm welcome among Senators, but the two sides negotiated an agreement for $10 billion above baseline. The Administration is refusing to sign onto the proposal until all of the offsets are out on the table. Lawmakers only have two weeks before the current Farm Bill expires.

Resources:
School Nutrition Association Press Release:
http://www.schoolnutrition.org/Index.aspx?id=2748.
Carol MacDonald, “Nutritionists Want Level Playing Field for School Foods,” Education Daily, February 27, 2008.
Author: SAS

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Farm Bill Deadline Looming (2/22/2008)

Perhaps the most pressing matter in Congress when it returns will be to pass the Farm Bill before it expires on March 15th, at which point the old 1949 agriculture law will take effect. Despite the fact that House and Senate leaders have been working for weeks on reaching an agreement, Agriculture Secretary Ed Schafer remains skeptical that they can reach a deal that the White House will accept before the deadline. In support of his presumption, House and Senate leaders continue to disagree on the overall spending levels for the bill, and have yet to meet on the particular provisions of many of the programs in the bill. Even if an agreement on overall spending is reached, there are a lot of details that still need to be ironed out before the bill is ready for a final vote and the President’s signature.

After receiving veto threats from the White House, House leaders proposed a Farm Bill that only goes $6 billion above baseline spending, a proposal that they claim the President supports. However, Sen. Tom Harkin (D-IA) is not satisfied with such a small increase for the nation’s largest agricultural bill. Harkin made a counterproposal that authorizes spending at more than $12 billion above the baseline. The Administration has stated its opposition to Harkin’s proposal, which does not give the Senate Agriculture Committee Chairman much bargaining power with his House counterparts. However, to get a final bill to the President, the Senate will have to agree to the proposed spending levels, and Sen. Harkin is very influential among both parties in the Senate.

While the House and Senate leaders debate the overall spending, there has been very little talk about the programmatic details of the various titles of the bill. Congress must still choose which expansion of the Fresh Fruit and Vegetable Program it will choose to present to the President. A majority of advocacy groups support the Senate language, which will expand the program into all 50 states, authorizing $225 million for the next fiscal year. Under this proposal, all 50 states would receive 1% of the annual appropriation, with the remaining 50% doled out on a population basis.

The Senate language does not include any set aside for administrative use, though the House’s expansion calls for a 5% set aside. The issues will not be resolved until the leaders can come to terms on funding for the bill. They have just two weeks before the deadline arrives, at which point the law will revert back to the 1949 legislation, or Congress will have to pass a temporary extension of the current Farm Bill.

Resources:
Geof Koss, “Agriculture Secretary Sees Closing Window for Farm Bill,” Congress Now, February 21, 2008.
Author: SAS

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Negotiations Moving Forward on Farm Bill (2/15/2008)

Those responsible for the Farm Bill may be moving closer to final passage of the long awaited legislation. Although no formal conference has taken place, House and Senate leaders are working on producing a bill that can clear both houses of Congress as well as the White House. Both House and Senate leaders have created final proposals to negotiate over, hoping they can produce a final conference report before March 15, when the current Farm Bill expires.

Earlier this week, House Agriculture Committee Chairman Collin C. Peterson (D-MN) and ranking member Robert W. Goodlatte (R-VA) released a new proposal that would come in at $6 billion above baseline spending for the five-year legislation, which authorizes federal agriculture programs. Peterson claims the White House will support the spending levels in his proposal. Sen. Tom Harkin (D-IA), on the other hand, has countered with his own proposal. Harkin’s measure mirror’s Peterson’s, but includes funding levels that are about $12.5 billion above baseline spending.

All parties involved want additional funding, but any such legislation will face a veto threat from the White House. Despite the significant behind-the-scenes negotiating that is taking place, there is little talk regarding the nutrition provisions of either proposal. A majority of school nutrition advocates support the Senate’s expansion of the Fresh Fruit and Vegetable program. Unfortunately, the talks are currently focused on payments to farmers, one of the most controversial sections of the bill.

Sen. Harkin and his staff plan to work through the weekend, hopefully coming up with a compromise with the House by Sunday. If he is successful, a conference report could make it through Congress shortly after they return from the week-long President’s Day recess. This may allow Congress to get a bill to the President before the March 15 deadline.

Resources:
Geof Koss, “Harkin Demands More Farm Bill Spending Than House-Backed Level,” Congress Now, February 14, 2008.
Catharine Richert, “Lawmakers Meet to Move Revamped Farm Legislation Closer to Fruition,” CQ Today, February 14, 2008.
Author: SAS

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Farm Bill Negotiations Hit Funding Snag (2/1/2008)

Lawmakers continued negotiations with the White House regarding the Farm Bill this week. Sen. Tom Harkin (D-IA), Chairman of the Senate Committee on Agriculture, Nutrition and Forestry, is working on various compromises, but claims there is still a standoff regarding funding for the bill. Conferees are not likely to bring a conference report out until they can find common ground with the administration, which means multiple non-controversial programs may suffer the consequences.

The first disputes between the two chambers of Congress, as well as the White House, dealt with payments to farmers and other farm subsidy programs. While Sen. Harkin believes that a deal is near on these issues, the White House continues to object to the amount of funding in both proposals, most of which is paid for through various tax increases. Without eliminating specific tax breaks, lawmakers may not be able to find enough funding for the various programs under the Farm Bill, but President Bush is already threatening to veto any legislation that increases taxes. Although the Senate passed its Farm Bill by a veto-proof majority of 79-14, there is very little support in the House for the Senate version of the bill.

While negotiations between all the parties continue, programs like the Fresh Fruit and Vegetable Program (FFVP) expansion may suffer. The program is universally supported, but is not considered vital to the bill’s final passage. If conferees are forced to make cuts in order to reach a consensus, programs like this are often the first to go. School nutrition advocates are continuing to push for the program’s inclusion, but Sen. Harkin and his colleagues will make the final decision.

Resources:
Geof Koss, “Harkin Sees Room for Compromise on Farm Payments, but Funding Standoff Lingers,” Congress Now, January 31, 2008.
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Congress Trying to Get Administration on Board with Farm Bill (1/18/2008)

Members of the Senate Committee on Agriculture, Nutrition, and Forestry are appealing to the nominee for U.S. Secretary of Agriculture, North Dakota Gov. Ed Schafer (R), to help smooth relations between the White House and Congress regarding the Farm Bill. The Administration continues to show contempt for the two bills as they currently stand. As Congress prepares to go to conference on the two bills, they would prefer not to have the President hanging over negotiations wielding veto threats.

Acting Agriculture Secretary, Chuck Conner, recently reiterated the White House’s veto threat against the Congressional proposals. Both the House and Senate fought hard to pass their respective bills, and are facing a rough conference to reconcile the two versions of the largest agricultural piece of legislation. Congressional leaders are hopeful that the new Secretary will prove more accommodating. To help smooth over relations, Senators are calling for an expedited confirmation for Schafer, hoping he will return the favor by working with Congress on the Farm Bill.

Meanwhile, school nutrition advocates continue to issue their support for the various proposals in the two different Farm Bills, including an expansion of the Fresh Fruit and Vegetable Program (FFVP) that could provide over $1 billion over the next five years. However, a majority of advocacy efforts are focused on getting the bill through conference and final Congressional approval. If Congress cannot come to terms with the White House, those efforts may prove fruitless.

Resources:
Geof Koss, “Senators Press Nominee for Ag Secretary to Ease Farm Bill Standoff,” Congress Now, January 25, 2008.
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Road Map for Next Legislative Session (1/18/2008)

The House reconvened this week, and the Senate is expected to come back into session after the Martin Luther King, Jr. holiday. As Congress gets back into its groove, the first item on the agenda is a $145 billion economic stimulus package, which may
include funding for school construction and repair. The bill seems to have bipartisan support in Congress and in the White House, though the particulars of the bill may prove to be contentious. Once the stimulus package is finished, there are a number of other items Congress is likely to consider this year.

No Child Left Behind

On January 28th, the President is scheduled to give his State of the Union address, which often acts as a springboard for most of the year’s legislative priorities. While the President is expected to focus on Iraq, immigration reform, and other recent, hot-button issues, he is also expected to again call for Congress to reauthorize No Child Left Behind, his landmark K-12 education legislation.

As 2008 is the President’s last year in office, and he begins to consider the legacy his administration leaves behind, he will want to try and end on the seemingly positive note of reauthorizing NCLB, a program that he considers his biggest domestic success over the last eight years.

While he will focus on what the law has done over the past few years, he will also warn Congress not to weaken the law that is intended to have all students in the U.S. performing at proficient levels in math and reading by 2014. However, because the law is a divisive issue in Congress, as well as among the 2008 Presidential candidates, politics will most likely push NCLB into the backseat, until after a new Congress and a new President begin their work in 2009.

Higher Education Act

The Senate passed its reauthorization of the Higher Education Act (HEA) last summer, but the House has been dragging its feet, bogged down in a number of other legislative efforts. House Education and Labor Chairman George Miller (D-CA) did finally pass a reauthorization bill out of committee towards the end of last year, but the House has not moved forward with the committee’s bill.

Senate leaders, chiefly Senate Health, Education, Labor and Pension (HELP) Committee Chairman Edward Kennedy (D-MA), are calling for the House to bring its bill to the floor as soon as possible so that the two bills can go to conference. The sense of urgency comes from the fact that as soon as Congress gets bogged down in both fiscal year 2009 (FY09) appropriations and the 2008 Congressional elections, time will run out for the HEA to be reauthorized by the 110th Congress.

Farm Bill

The Senate passed its Farm Bill package in December, finally catching up with the House, which passed its bill earlier in the year. While some negotiations have gone on behind the scenes, the bill has yet to go to conference, keeping farmers, agricultural groups, and school nutrition advocates waiting on the largest agricultural bill in the country. School nutrition advocates are looking forward to the proposed expansion of the Fresh Fruit and Vegetable program (FFVP) into all fifty states.

School nutrition coalitions are advocating for the final bill to include the Senate’s expansion, which calls for $225 million for fiscal year 2008, with each state receiving 1% of the total appropriation. The rest will be divided up among the states based on the total number of students eligible for free and reduced price lunches. Advocates are also calling to include the House’s provision that sets aside 5% of each state’s allocation for administrative purposes.

One item that did not make it into the Farm Bill is Sen. Tom Harkin’s (D-IA) amendment that would impose national nutrition standards on all public schools in the United States. Sen. Harkin has made it his personal quest to make these standards part of the law, but chose not to bring it into the Farm Bill, which is already in the middle of tough negotiations.

Harkin worries that even if the House and Senate come to terms on the bill, Congress will not be able to work out a deal with the White House regarding differences over the bill. As such, much of what goes on in conference will include both the differences between the House and the Senate as well as worries from the White House, so that the final version of the bill will have the best possible chance to make it through the veto threat already levied against the bill.

Appropriations

The President will release his FY09 budget proposal on February 4, starting the next appropriations cycle. Experts expect last year’s battle to be repeated again this year. The same forty or more education programs that the President has tried to eliminate in past years will be slated for elimination again this year, accompanied by leaner budget estimates.

The President proved last year that with Democrats in control of Congress, he is willing to stand firm on his proposed numbers, and will veto any bills that go too far above and beyond his requests. His willingness to work on the economic stimulus package will further cause him to be tight with his budget outlook for the rest of the year, and he will continue to have enough Republican support in Congress to sustain a veto.

Last year, The President forced appropriators to bring their total level of spending down to his desired levels, after a lot of posturing and grandstanding. If Congress want to avoid that for FY09, they will have to wait until the next president takes over in January 2009, an option that neither party is happy with. Ignoring the fact that the majority cannot guarantee that its party will win the Presidency, there is also a lot of bad publicity that comes with holding off appropriations until the start of the following year.

In 2006, when former Senate Majority Leader Bill Frist (R-TN) decided to punt the spending bills until 2007, he was lambasted by both parties in each chamber of Congress. The Democrats may not want to risk the public backlash from delaying appropriations so late for two consecutive years, meaning it is possible that they could give in to the President’s request a little earlier this year. Needless to say, appropriations will, as always, be a tough process this year.

Author: SAS

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Farm Bill Faces Veto Threat (1/11/2008)

Acting U.S. Secretary of Agriculture, Chuck Conner, released statements on Tuesday reiterating the Bush Administration’s threat to veto the 2007 Farm Bill unless Congress makes significant changes. Citing concerns over the bills’ reliance on tax increases to fund programs, as well as “trade-distorting” provisions in the measures, Secretary Conner warned that Congress has a ways to go before the Farm Bill can be signed into law.

The Senate passed its version of the bill last month, finally setting the table for a conference on the largest agricultural bill in the country. Although both the House and Senate proposed expansions for the Fresh Fruit and Vegetable Program (FFVP), Senate staffers seem confident that the Senate’s version will appear in the final version of the bill. This proposal expands the FFVP into every state, directing $225 million for the program in fiscal year 2008, if the funding is available. Sen. Tom Harkin (D-IA) claims it will lead to about $1.1 billion for FFVP over five years.

Congressional negotiators hope to have the Farm Bill ready for final approval in both bodies by February 1st. However, this timetable may not reflect the time it could take to make the necessary changes to get it past the President. Congress reconvenes next Tuesday, allowing lawmakers less than a month before this self-imposed deadline.

The current majority in Congress will not likely wish to start the new session of Congress off with a vetoed Farm Bill, so negotiations may pick up quite a bit in the next few weeks to try to find common ground with the White House. As evidenced by the battle over fiscal year 2008 appropriations, Congress now realizes that this President is still relevant, and must be included in any considerations regarding the passage of any major piece of legislation through the end of his term.

Resource:
Geof Koss, “Acting Ag Secretary Reiterates Farm Bill Veto Threat,” Congress Now, January 8, 2008.
Author: SAS

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Farm Bill Set for Tough Conference in January (12/21/2007)

Last week, the Senate voted to pass the 2007 Farm Bill by a vote of 79-14. Despite the overwhelming majority vote, the Senate bill still has at least one more hurdle before it becomes law. The House passed their own bill on July 27th by a vote of 231-191. Since the Senate was so late in passing their bill, the two sides will not go to conference until January, leaving Congressional staffers ample time to work out the considerable differences between the two versions of the bill. The two versions differ on many issues, including farm subsidies, commodity programs, and school nutrition.

Currently, the Senate version expands the Fresh Fruit and Vegetable Program (FFVP) into every state. This program provides fresh fruits and vegetables for public school children, which is part of a continuing national effort to fight childhood obesity. The bill directs $225 million for the program in fiscal year 2008, if the funding is available. From there, it calls for annual appropriations to dictate the spending levels. Senator Tom Harkin (D-IA) 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.

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 is an insufficient number of schools that meet the 50% requirement, SEAs are directed to give priority to schools with higher proportions of students 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.

The House bill authorizes $70 million for expanding the FFVP into 35 schools in each state. The United States Department of Agriculture (USDA) would then distribute additional funds, as necessary, to states based on population. Unlike the Senate version, the House funding is fully authorized and is not contingent on available funds. However, in both versions, actual annual funding is subject to the politics of the appropriations process. The House version also reserves 5% of the state grant for state administrative uses. The Senate bill does not provide for administration.

While there is no date currently set for the conference, lawmakers will want to move quickly to pass the bill, which is the single most important bill to the farming and agricultural community. Both the House and the Senate are slated to come back from the Holiday recess on Tuesday, January 15. For Sen. Harkin (D-IA), Chairman of the Senate Agriculture, Nutrition and Forestry Committee, there is no other issue that would take precedence over finishing the overdue Farm Bill. As such, staffers will likely continue to work behind the scenes, making sure that conferees meet with at least a general compromise between the two bills.

Resources:
Catharine Richert, “Farm Bill Conferees Face Potentially Tough Bargaining on Taxes, Subsidies,” CQ Today, December 14, 2007.
Tom Harkin, http://harkin.senate.gov/
Author: SAS

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Senate Passes the Farm Bill

The Senate finally passed H.R. 2419, the 2007 Farm Bill today, by a vote of 79-14. Despite the bill’s passage, months after the House passed their version, interested parties will still have to wait for a finished Farm Bill. The House and Senate bills now head to conference, where lawmakers will have to work out considerable differences. Congressional leaders do not expect a finished bill until late January.

Currently, the Senate version expands the Fresh Fruit and Vegetable Program (FFVP) into every state. This program provides fresh fruits and vegetables for public school children, part of continuing national efforts to fight childhood obesity. The bill directs $225 million for the program in fiscal year 2008, if the funding is available. From there, it calls for annual appropriations to dictate the spending levels. Senator 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.
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 is an insufficient number of schools that meet the 50% requirement, SEAs are directed to give priority to schools with higher proportions of students 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.

The House bill authorizes $70 million for expanding the Fresh Fruit and Vegetable Program (FFVP) into 35 schools in each state. The United States Department of Agriculture (USDA) would then distribute additional funds, as necessary, to states based on population. Unlike the Senate version, the House funding is fully authorized and is not contingent on available funds. However, in both versions, actual annual funding is subject to the politics of the appropriations process. The House version also reserves 5% of state grant for state administrative uses. The Senate bill does not provide for administration.

Senator Tom Harkin’s (D-IA) amendment imposing national standards on the foods sold on public school campuses never came to the Senate floor for a vote. The standards would apply to any elementary and secondary schools that receive funding from any national school lunch or other food-related programs and they 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.

Sen. Harkin and his supporters spent the last month publicizing the amendment, including articles in the New York Times, attempting to get support from the public. Despite the amount of work that Harkin and his staff put into the amendment, he was unable to get a vote on the issue. Because of the agreement limiting number of amendments under consideration, Harkin’s proposal may simply have fallen too low on the priority list. However, Harkin continues to state his commitment to passing the national standards, possibly as a rider on a different piece of legislation.

Resources:
Catharine Richert, “Farm Bill Headed for Senate Passage,” CQ Today, December 13, 2007.
Author: SAS

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Senate Reaches Amendment Agreement on Farm Bill

Senate leaders were finally able to come to an agreement this week regarding the amendment process for the 2007 Farm Bill. Last month, when Senate Majority Leader Harry Reid (D-NV) failed to pass a cloture motion that would have limited debate on the bill, he removed the legislation from the Senate floor until a deal could be worked out over the more than 200 amendments. As of yesterday, Senate leaders agreed that each side can to bring 20 amendments to the floor for a vote. Although there were no votes today, debate went on regarding various amendments.

One possible amendment from Senate Agriculture, Nutrition and Forestry Committee Chairman Tom Harkin (D-IA) would create national nutrition standards for food sold in public schools. The amendment would apply these standards both to cafeteria foods sold in schools participating in the National School Lunch Program, as well as to competitive foods sold outside of the cafeterias, such as in vending and soda machines. The proposed standards would supersede any state standards already in place.

At this point, neither party has released a full list of the 20 amendments they plan to offer, so it is unclear if Harkin’s amendment will come to the Senate floor. If his amendment is not included in the bill, Harkin expressed his desire to attach the amendment to another piece of legislation, possible the omnibus appropriations bill. Although debate could carry past next week, Sens. Harkin and Reid are hoping to have the bill ready for conference with the House as soon as possible, though they do not predict final passage until January.

Resources:
Kim Severson, “Effort to Limit Junk Food in Schools Faces Hurdles,” New York Times, December 2, 2007.
Catharine Richert, “Deal to Consider Amendments Could End Long Gridlock on Senate Farm Bill,” CQ Today, December 6, 2007.
Geof Koss, “Harkin Sees January Completion of Farm Bill,” Congress Now, December 7, 2007.
Author: SAS

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Senate Fails to Move Forward on Farm Bill

The Senate was unable to invoke cloture on H.R. 2419, the 2007 Farm Bill. Cloture is the procedure by which the Senate votes to put time consideration on a bill thereby overcoming a filibuster or delay by amendments. The vote, 55-42, fell just five votes shy of the two thirds majority necessary for cloture. Although there is still a remote possibility for consideration next month, this failure will likely put the Farm Bill off until next year. The legislation was automatically extended for an additional year when it expired last month, but farmers, nutrition advocates and the U.S. Department of Agriculture were anxiously awaiting a final version of the bill from Congress.

By failing to invoke cloture, Senate Majority Leader Harry Reid (D-NV) will not be able to limit debate on the bill. The cloture motion would have allowed for an additional 30 hours of debate, allowing the leadership to manage which amendments were and were not brought to a vote, ensuring only amendments that are germane to the underlying bill come up for consideration. When the Senate does not pass a cloture motion on a bill, that legislation is pulled from the floor. This either kills the bill, or allows the majority to set it aside until they can secure the necessary votes. In this case, it likely means the bill will remain off the floor until sometime next year.

Sen. Reid has mentioned that there is still a very remote possibility that the bill could be brought back to the floor when Congress returns after Thanksgiving. However, the fact that Congress still needs to finish its appropriations work, means that the Farm Bill does not have a very good chance of passage this year. Sen. Tom Harkin (D-IA), chairman of the Senate Agriculture, Nutrition, and Forestry Committee, and the bill's chief sponsor, also hinted that partisan politics may hold the bill back until after the 2008 Presidential elections. Meanwhile, Congressional staffers will likely use the time to work out differences, both between Senators, as well as between the House and Senate versions, as they currently stand.
Resources:

Geof Koss, "Senate Rejects Cloture on Farm Bill," Congress Now, November 16, 2007.
Author: SAS

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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.

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Senate Farm Bill Ready for Floor Consideration

The Senate intends to bring the 2007 Farm Bill to the floor for debate this week, finally moving forward on the largest piece of agricultural legislation in the country. Although the Senate Agriculture, Nutrition, and Forestry Committee just passed the bill through carefully-crafted compromises, the bill’s authors are worried about getting bogged down in an onslaught of amendments once the bill reaches the floor. Nutrition stakeholders should be watching both the funding for the Fresh Fruit and Vegetable Program (FFVP) expansion and the proposed amendment regarding national nutrition standards for competitive food.

The Senate bill contains an expansion for the FFVP into all fifty states, with each receiving 1% of the available funding, with additional funds allocated based on a state’s proportion of students available for free or reduced prince lunches. The bill calls for $225 million for fiscal year 2008, contingent on available funds. This is a considerable increase from the $70 million authorized in the House’s version of the bill, though the House bill does not make their spending level contingent on available funds. The final decision on funding falls to appropriators as each fiscal year begins, but the authorized levels at least give lawmakers a mark to aim for.

FFVP advocates are worried about the authorized funding levels currently in the Senate proposal. A number of agricultural and farmer advocacy groups are all lobbying members of Congress for additional funding for a variety of programs. The extra $155 million above the House’s version may prove a desirable target for shifting funding priorities. Most notably, the Farm Bureau, the nation’s largest farming advocacy group, is pushing for additional funding for various farm subsidies, and have already voiced their opposition to Senate Agriculture Committee Chairman Tom Harkin’s (D-IA) proposal of using certain subsidy cuts to fund other priorities, such as nutrition. Harkin and his supporters may have a long road ahead of them to ensure that $225 million funding level remains in the final Senate version of the Farm Bill.

Sen. Harkin is also planning to bring an amendment to the floor that would call for national nutrition standards for food sold outside of cafeterias on public school grounds. In previous years, food and snack companies have lobbied against any such standards, but recently they have offered passive resistance, or even support in certain cases, regarding Harkin’s proposal. The proposal comes from S. 771, a bill which Harkin introduced earlier this year. As the bill currently stands, the U.S. Department of Agriculture (USDA) is directed to implement the new standards through regulations and guidance. There is no definite timeline for implementation. The current language also places no restrictions on states from enacting their own standards that go beyond those regulated through the USDA.

Harkin and certain nutrition coalitions are currently working on an alternative proposal to the original bill language, which would implement the new standards through its own legislative language, rather than waiting for USDA rulemaking. However, this new negotiated language my bind states to strictly adhere to the national standards, not allowing states the flexibility to move beyond the federal levels. At the time of publication, Harkin had yet to decide which language he would bring to the Senate floor.

Regardless of how Harkin moves forward with his own amendments, there is still no guarantee that the Senate will be successful in moving the bill through the floor debate. Outside of nutrition, there are a number of controversial provisions involving farm subsidies, commodity programs, and other issues that may keep the majority from securing the sixty votes necessary to bring the bill to a final vote. If the Senate successfully passes the bill, there is no timeline set for when the two chambers will conference on the bill. The uncertainty, along with the various appropriations issues still facing Congress point towards a possible failure to pass the Farm Bill before Congress adjourns at the end of the year.

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2007 Farm Bill Ready for the Senate Floor

Thursday, October 25, the Senate Agriculture, Nutrition, and Forestry Committee finally approved the 2007 Farm Bill, nearly three months after the House passed its own version of the reauthorization legislation. The two-day mark up came to an end after Committee Chairman Tom Harkin (D-IA) was finally able to strike a deal with opposition to a change in certain farm subsidy programs. The committee report includes an expansion of the Fresh Fruit and Vegetable Program (FFVP), contingent on available funds.

Sen. Harkin’s proposal for the FFVP includes expanding into all 50 states, though the bill does not set concrete funding levels for the program. Instead, 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.

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.

Debate slowed when Sen. Harkin found himself at odds with other members regarding his plan for changes to certain farm subsidies. Farmers would have the option of opting out of the current system, based on cyclical payments around a minimum price level for crops, choosing instead payments based on state’s targeted price levels. Harkin brokered a deal where farmers would have a two year period to make the transition, a compromise that took the committee over the last divisive issue, clearing the bill for approval.

There is no clear timeline for when the Senate will consider the legislation, though Senate Majority Leader Harry Reid (D-NV) has said that the Senate will not consider any more appropriations bills until the President vetoes or signs the Labor-HHS-Education bill, freeing up additional time on the Senate calendar. Reid and Harkin originally planned to push the Farm Bill through the Senate in September, but the appropriations schedule pushed most other bills to the bottom of the priority list. Now, that Reid has cleared the schedule, at least for the next few weeks, the Senate is free to consider the farm bill, possibly as early as next week.

Resources:
Catharine Richert and Michael Teitelbaum, “Senate Panel Approves 2007 Farm Bill,” CQ Today, October 25, 2007.
Geof Koss, “Senate Agriculture Panel Clears Farm Bill After Deal on Key Amendment,” Congress Now, October 25, 2007.
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Senate Committee Set for Farm Bill Markup

The Senate Committee on Agriculture, Nutrition, and Forestry, will finally hold their first markup of the 2007 Farm Bill on Wednesday, October 24. The Committee has delayed work on the bill, which Committee Chairman Tom Harkin (D-IA) originally planned to mark up in September. Due to the hectic appropriations schedule, not to mention Harkin’s work as chairman of the Labor-HHS-Education Appropriations Subcommittee, the Farm Bill has been constantly delayed. However, committee staff has worked behind the scenes on the various titles of the farm bill, working on the contentious issues in hopes of finding a compromise before the bill made it to the markup.

On Wednesday, October 17, Sen. Harkin gave an update on where his proposals stand. Harkins hopes to bring a bill to the Senate floor that includes $4.2 billion over 5 years to expand food and nutrition programs, as well as $1.5 billion in new monies to expand the Fresh Fruit and Vegetables Program for school lunches. However, some staffers are worried that a lack of offsets will keep a majority of Senators from supporting new funding for nutrition programs. Meanwhile, debate continues over other, more contentious matters, such as where Harkin plans to get the new monies for his expansions.

Farmers currently get countercyclical payments when the price of a crop falls below a government-set national target. Sen. Harkin’s proposal would maintain that program but create another system that would be based on state price targets. Farmers could choose between this new subsidy or the traditional mix of farm supports. Sen. Harkin said it would free up about $3.5 billion to spend in other parts of the legislation, which is presently under tight budget constraints. The Farm Bureau, the country’s largest farming organization, is not pleased with the Chairman’s plans to use the savings to support nutrition, energy, conservation and fruit and vegetable programs. The Bureau wants the money to go towards strengthening other farm subsidies. Having the Bureau’s support could be critical to ensuring adequate support from Republican members of Congress.

However, in addition to Sen. Harkin’s claim that now is the time to invest in child nutrition, the Center for Disease Control (CDC) released a report showing that the nation’s school food offerings are beginning to become more nutritious. According to the report, the number of schools serving French fries is down from 40% in 2000 to about 19% in 2006. The percentage of schools that sold cookies or other high-fat baked goods at fundraisers dropped from 67% to 54% during the same six-year period.

In nearly half of schools, students can select bottled water instead of sugary drinks from school vending machines or snack bars, up from nearly a third of schools in 2000. Public health officials are optimistic about the changes, but agree that more efforts are necessary to keep making public schools healthier. Sen. Harkin will likely cite such statistics and opinions as his justification for increasing funding for nutrition programs.

Resources:
“School Nutrition Improving, Report Finds,” Education Week, October 19, 2007.
Catharine Richert, “Farm Bureau, Harkin Disagree on How Subsidy Savings Should Be Spent,” CQ Today, October 18, 2007.
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Congressional Efforts Heat Up on School Nutrition Issues

Members of Congress moved forward last week on efforts to make schools and students healthier. Reps. Lynn Woolsey (D-CA) and Christo¬pher Shays (R-CT) circulated a Dear Col¬league letter this week to round up more sup¬port for H.R. 1363, the Child Nutrition Promo¬tion and School Lunch Protection Act. School nutrition, which has not garnered much attention recently on Capitol Hill, received a brief victory this summer when the House included an expansion of a fruit and vegetable school program in the 2007 Farm Bill. Rep. Woolsey and her supporters are attempting to build off of those efforts to ensure a healthier student body in the United States.

H.R. 1363, and its Senate companion (S. 771), would revise the nutritional requirements of foods sold in schools. Those requirements would only affect food sold outside the federal lunch pro¬gram, such as vending machine snacks and other à la carte items. Rep. Woolsey, along with representatives from the Center for Science in the Public Interest and child-health advocate and actor Chevy Chase, held a briefing on Capitol Hill to discuss the proposed legislation, and other efforts towards reducing the child obesity rates in the country. The New America Foundation’s Workforce and Family Program, the Foundation for Child Development and the offices of Senator Tom Harkin (D-IA) and Senator Lisa Murkowski (R-AK) are planning to continue the discussion next Thursday in Washington. Panelists will discuss obesity and child well-being, the role of government, and some innovative programs at the state and local levels that are making a difference in children’s health.

Sen. Harkin is also pushing to add the language of S. 771 to the Senate’s version of the 2007 Farm Bill, slated for committee hearings later this fall. The House Farm Bill did not contain the language of the bill, but did expand the Fresh Fruit and Vegetable Program to operate in 35 schools in every state. The program provides all children in participating schools with a variety of free fresh fruits and vegetables throughout the school day. It is billed as an effective and creative way of introducing fresh fruits and vegetables as healthy snack options. That expansion has not appeared in any draft language circulated by the Senate Agriculture Committee, but Sen. Harkin has assured advocates that school nutrition is a priority for the Senate as they work through the Farm Bill.

Resources:
Kris Kitto, “Legislators Push for Stricter Nutrition Standards in Schools,” Education Daily, September 28, 2007.
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Senate Pushes Back Farm Bill

Senator Tom Harkin (D-IA), chairman of the Senate Committee on Agriculture, Nutrition, and Forestry, notified the public that his committee will not work on the 2007 Farm Bill this month. Sen. Harkin originally planned to release a draft proposal this week, and hold markups sometime in the third week of September. However, due mainly to the fact that Congress has not passed any of the twelve spending measures for fiscal year 2008, the Farm Bill has been moved back to October, at the earliest. Sen. Harkin will not release the committees draft proposal until just before the Committee moves forward with a markup. To make up for the delay, Senate Majority Leader Harry Reid (D-NV) promises that the Senate will consider the bill on the Floor of the Senate within a week of the bill passing through the committee, assuming no other pressing issues take precedence.

Harkin has stated more than once his intention to expand the Fresh Fruit and Vegetable Program (FFVP). The exact details of that expansion are not clear, but it is likely to mirror the House proposal, or possible an even greater expansion. The House Farm Bill, passed in July, authorizes $70 million for expanding the FFVP into 35 schools in each state. The United States Department of Agriculture (USDA) would then distribute additional funds, as necessary, to states based on population. The original proposal called for 50 schools in every state to receive funds, but the $100 million was contingent on offsets. The new language guarantees the $70 million, but calls for a scaled back expansion. Currently, the FFVP operates in 14 states (Utah, Wisconsin, New Mexico, Texas, Connecticut, Idaho, Iowa, Michigan, Ohio, Indiana, North Carolina, Washington, Mississippi, and Pennsylvania) and on 3 Indian Tribal Organizations (Pine Ridge in South Dakota, Zuni in New Mexico and the Inter-Tribal Council of Arizona). A total of 375 schools currently participate.

Resources:
Beth Crowley, "Harkin: Senate Won't Take Up Farm Bill This Month," Congress Now, September 4, 2007.
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Senate Set for Work on Farm Bill

On July 27, the House passed, H.R. 2419, the 2007 Farm Bill, which reauthorized various agricultural programs through 2012. After voting on multiple amendments, the House passed the bill by a vote of 231-191. Republicans failed to pass a motion to recommit the bill back to the House Agriculture Committee, which would have sent the legislation back to the beginning of the legislative process. Instead, Democratic leaders were able to keep their rank and file members in line, passing the bill and taking the first major step towards reauthorizing the nation’s agricultural programs.

The nutrition title of the bill authorizes $70 million for expanding the Fresh Fruit and Vegetable Program (FFVP) into 35 schools in each state. The United States Department of Agriculture (USDA) would then distribute additional funds, as necessary, to states based on population. The original proposal called for 50 schools in every state to receive funds, but the $100 million was contingent on offsets. The new language guarantees the $70 million, but calls for a scaled back expansion.

Currently, the FFVP operates in 14 states (Utah, Wisconsin, New Mexico, Texas, Connecticut, Idaho, Iowa, Michigan, Ohio, Indiana, North Carolina, Washington, Mississippi, and Pennsylvania) and on 3 Indian Tribal Organizations (Pine Ridge in South Dakota, Zuni in New Mexico and the Inter-Tribal Council of Arizona). A total of 375 schools currently participate.

Rep. Sheila Jackson Lee (D-TX) offered an amendment that requests that food, available under the school breakfast and lunch programs, be of maximum nutritional value as a means to reduce juvenile obesity. The amendment passed by an overwhelming majority of 422-3. While the House has finished their work, the Senate has not begun work on their Farm Bill.

Sen. Tom Harkin (D-IA), chairman of the Senate Committee on Agriculture, Nutrition, and Forestry is aiming to mark up the committee’s own version of the farm bill during the third week of September. Committee aides have circulated private “discussion drafts” of every title except for the commodities element of the bill, which contains income support programs for grain, corn, cotton and other crops. Staffers have been meeting to discuss the discussion draft proposals and to offer feedback during the August recess.

Sen. Harkin plans to release a complete proposal shortly after the Senate returns next week. Although he has not mentioned specifics, Sen. Harkin has said he plans to use the farm bill as an opportunity to promote healthy living by investing in the fresh fruit and vegetable program, increasing access to locally grown foods and encouraging child nutrition.

Resources:
Beth Crowley, “Senate Farm Bill Likely to Be Marked Up in Third Week of September,” Congress Now, August 17, 2007.
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House Passes Farm Bill

Today, the House passed, H.R. 2419, the 2007 Farm Bill, which reauthorized various agricultural programs through 2012. After voting on multiple amendments, the House passed the bill by a vote of 231-191. Republicans failed to pass a motion to recommit the bill back to the House Agriculture Committee, which would have sent the legislation back to the beginning of the legislative process. Instead, Democratic leaders were able to keep their rank and file members in line, passing the bill and taking the first major step towards reauthorizing the nation’s agricultural programs.


The nutrition title of the bill authorizes $70 million for expanding the Fresh Fruit and Vegetable Program (FFVP) into 35 schools in each state. The United States Department of Agriculture (USDA) would then distribute additional funds, as necessary, to states based on population. The original proposal called for 50 schools in every state, but the $100 million was contingent on offsets. The new language guarantees the $70 million, but for a scaled back expansion. Rep. Sheila Jackson Lee (D-TX) offered an amendment that requests that food, available under the school breakfast and lunch programs, be of maximum nutritional value as a means to reduce juvenile obesity. The amendment passed by an overwhelming majority of 422-3.
While the House has finished their work, the Senate has not begun work on their Farm Bill. Senate Agriculture Chairman Tom Harkin (D-IA) says he has no plans to try and move a Senate bill through his panel before the August recess. Instead he hopes to move on a bill when Congress reconvenes in September. After the Senate passes their versio, they still have to go to conference with the House. The bill will not likely cross the President’s desk before October.
Resources:
Charlene Carter, “New Farm Bill Will Not Become Law Until This Fall,” Congress Now, July 23, 2007.
Jennifer Bendery, “Over GOP Objections, House Approves Farm Bill Rule, 222-202,” Congress Now, July 26, 2007.
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