Republican U.S. Reps. Elise Stefanik of New York and Andy Harris of Maryland sent a letter to U.S. Department of Agriculture Secretary Tom Vilsack regarding a final rule they say ignores a congressional directive. They inquired why the USDA did not follow a Congressional directive concerning the final rule titled “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages.”
This directive specifically instructed the secretary not to reduce the maximum monthly allowance for milk.
In the final rule published in the Federal Register on April 18, 2024, the USDA acknowledged the language in the Appropriations bill that passed in a bipartisan, bicameral manner, but then blatantly ignored the Congressional directive.
In the letter, the lawmakers state, “In the explanatory statement accompanying the FY24 Appropriations package that became law on March 9, 2024, Congress included language stating, ‘The agreement directs the Secretary to not reduce the maximum monthly allowance with respect to milk when submitting a final rule to the proposed rule entitled “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions to the WIC Food Packages” published in the Federal Register on November 21, 2022 (87 Fed. Reg. 71090).’”
Harris serves as chairman of the Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies.
The lawmakers continue, “The FY24 Appropriations packages passed Congress with bipartisan and bicameral support, which President Biden then signed into law. Members of Congress and appropriators expect that when language using the term “directs the Secretary” is signed into law regarding a proposed rule, that the Administration must then follow Congressional intent in carrying out the final rule.”
The Congress members requested clarification as to why the directive was ignored by June 11, 2024.
The letter also requests that the USDA provide data supporting its claim that this change will not result in reduced participant redemption of the milk and dairy category, despite the USDA’s own analysis showing a net decrease of $28 million per year in milk and $8 million in cheese per year.
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