Pub. L. 101-624, tit. XVII, subtit. B, sec. 1771
COMMODITY DISTRIBUTION PROGRAM; COMMODITY SUPPLEMENTAL FOOD PROGRAMS.
SEC. 1771. COMMODITY DISTRIBUTION PROGRAM; COMMODITY SUPPLEMENTAL FOOD PROGRAMS. (a) Reauthorization.— Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (Public Law 93–86; 7 U.S.C. 612c note) is amended by striking “1986, 1987, 1988, 1989, and 1990” and inserting “1991 through 1995”. (b) Infants and Children.— 104 STAT. 3807 (1) In general.— Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (Public Law 93–86; 7 U.S.C. 612c note) is amended by inserting after “distribution to institutions” the following: “(including hospitals and facilities caring for needy infants and children)”. (2) Conforming amendment.— Section 416(a)(3) of the Agricultural Act of 1949 (7 U.S.C. 1431(a)(3)) is amended by striking “hospitals, to the extent that needy persons are served” and inserting “hospitals and facilities, to the extent that they serve needy persons (including infants and children)”. (c) Elderly.— The Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended— (1) in section 4(a), by striking “supplemental feeding programs” and inserting “supplemental feeding programs serving women, infants, and children or elderly persons, or both,”; and (2) in section 5(f), by inserting after “additional sites for the program” the following: “, including sites that serve only elderly persons,”. (d) Administrative Funding.— Section 5(a)(2) of such Act (7 U.S.C. 612c note) is amended— (1) by striking “1986 through 1990” and inserting “1991 through 1995”; and (2) by striking “15 per centum” and all that follows through the end of the subsection and inserting “20 percent of the amount appropriated for the commodity supplemental food program.”. (e) Referrals to Other Programs.— Section 5 of such Act (7 U.S.C. 612c note) is amended by adding at the end thereof the following new subsections: “(h) Each State agency administering a commodity supplemental food program serving women, infants, and children shall— “(1) ensure that written information concerning food stamps, the program for aid to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and the child support enforcement program under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) is provided on at least one occasion to each adult who applies for or participates in the commodity supplemental food program; “(2) provide each local agency with materials showing the maximum income limits, according to family size, applicable to pregnant women, infants, and children up to age 6 under the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (hereinafter referred to in this section as the ‘medicaid program’) which materials may be identical to those provided under section 17(e)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(e)(3)); and “(3) ensure that local agencies provide to pregnant, breast feeding and post partum women, and adults applying on behalf of infants or children, who apply to the commodity supplemental food program, or who reapply to such program, written information about the medicaid program and referral to the program or to agencies authorized to determine presumptive eligibility for the medicaid program, if the individuals are not participating in the medicaid program. “(i) Each State agency administering a commodity supplemental food program serving elderly persons shall ensure that written information is provided on at least one occasion to each elderly104 STAT. 3808 participant in or applicant for the commodity supplemental food program for the elderly concerning— “(1) food stamps provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); “(2) the supplemental security income benefits provided under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); and “(3) medical assistance provided under title XIX of such Act (42 U.S.C. 1396 et seq.) (including medical assistance provided to a qualified medicare beneficiary (as defined in section 1905(p) of such Act (42 U.S.C. 1396d(5))).”. (f) Advance Warning for Decline in Number of Persons Served Under Program.— Section 5 of such Act (7 U.S.C. 612c note) (as amended by subsection (e) of this section) is further amended by adding at the end the following new subsection: “(j) (1) If the Secretary must pay a significantly higher than expected price for one or more types of commodities purchased under the commodity supplemental food program, the Secretary shall promptly determine whether the price is likely to cause the number of persons that can be served in the program in a fiscal year to decline. “(2) If the Secretary determines that such a decline would occur, the Secretary shall promptly notify the State agencies charged with operating the program of the decline and shall ensure that a State agency notify all local agencies operating the program in the State of the decline.”.