Washington, D.C. - Congresswoman Elise Stefanik and Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Subcommittee Chair Andy Harris (R-MD) sent a letter to United States Department of Agriculture (USDA) Secretary Tom Vilsack inquiring why USDA did not follow a Congressional directive regarding the final rule, “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages,” which directed the secretary to not reduce the maximum monthly allowance with respect to milk. 

In the final rule published in the Federal Register on April 18, 2024, USDA acknowledged the language that was in the Appropriations bill that passed in a bipartisan, bicameral manner, but then blatantly ignored the Congressional directive. 

The letter also requests USDA provide data supporting their claim that this change will not result in reduced participant redemption of the milk and dairy category, despite USDA’s own analysis showing a net-decrease of $28 million per year in milk and $8 million in cheese per year.

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).””

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.”

Find the full letter here.