[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Rules and Regulations]
[Pages 19487-19491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9657]



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  Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / 
Rules and Regulations  
[[Page 19487]]

DEPARTMENT OF AGRICULTURE

Food and Consumer Service

7 CFR Chapter II

RIN 0584-AB53


Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): Homelessness/Migrancy as Nutritional Risk Conditions

AGENCY: Food and Consumer Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends regulations governing the Special 
Supplemental Nutrition Program for Women, Infants and Children (WIC) to 
comply with the mandate of section 204 of the Child Nutrition 
Amendments of 1992, enacted on August 14, 1992. Consistent with that 
legislation, and as proposed on April 6, 1994, this rulemaking adds 
homelessness and migrancy to the predisposing nutritional risk 
conditions for the WIC Program.
    For purposes of the WIC Program's nutritional risk priority system, 
this rule allows State agencies to place individuals certified for WIC 
solely due to homelessness or migrancy in Priorities IV, V, VI, or, at 
their option, Priority VII. The use of Priority VII for service to 
certified participants who might regress in nutritional status without 
continued provision of supplemental foods would remain a State agency 
option.
    The intended effect of this rule is to allow categorical and 
income-eligible homeless or migrant individuals, who lack any other 
documented nutritional or medical condition, to receive WIC Program 
assistance.
    This final rule also responds to two provisions of section 204 of 
the Healthy Meals for Healthy Americans Act of 1994 by making technical 
changes in the WIC Program rules without prior notice and comment. The 
name of the Program is changed from the Special Supplemental Food 
Program for Women, Infants, and Children to the Special Supplemental 
Nutrition Program for Women, Infants, and Children. Also, in light of 
modifications in the statutory definition of ``nutritional risk'', the 
Department has reclassified as ``direct'' nutritional risk factors 
certain medical and health conditions previously identified as 
``predisposing'' nutritional risk factors.

DATES: This rule is effective on April 19, 1995. This rule must be 
implemented not later than April 19, 1996.

FOR FURTHER INFORMATION CONTACT: Contact Barbara Hallman, Supplemental 
Food Programs Division, Food and Consumer Service, USDA, 3101 Park 
Center Drive, Room 542, Alexandria, Virginia 22302, (703) 305-2730.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866, and therefore, has not been reviewed 
by the Office of Management and Budget.

Regulatory Flexibility Act

    This rule has been reviewed with regard to the requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601-612). Pursuant to that review, 
William E. Ludwig, Administrator of the Food and Consumer Service has 
certified that this rule will not have a significant impact on a 
substantial number of small entities. WIC local agency participant 
caseloads may potentially increase and thereby increase local food 
vendor business. The net effect on State and local agencies is expected 
to be minimal.

Paperwork Reduction Act

    This final rule imposes no new reporting or recordkeeping 
provisions that are subject to OMB review in accordance with the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3507).

Executive Order 12372

    The Special Supplemental Nutrition Program for Women, Infants, and 
Children (WIC) is listed in the Catalog of Federal Domestic Assistance 
Programs under 10.557 and is subject to Executive Order 12372, which 
requires intergovernmental consultation with State and local officials 
(7 CFR part 3015, subpart V, and 48 FR 29114 June 24, 1983).

Executive Order 12778

    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This rule is intended to have preemptive effect 
with respect to any State or local laws, regulations or policies which 
conflict with its provisions or which would otherwise impede its full 
implementation. This rule is not intended to have retroactive effect 
unless so specified in the DATES paragraph of this preamble. Prior to 
any judicial challenge to the application of the provisions of this 
rule, all applicable administrative procedures must be exhausted.
    In the WIC Program, the administrative procedures are as follows: 
(1) Local agencies and vendors--State agency hearing procedures issued 
pursuant to 7 CFR 246.18; (2) applicants and participants--State agency 
hearing procedures issued pursuant to 7 CFR 246.9; and (3) sanctions 
against State agencies (but not claims for repayment assessed against a 
State agency) pursuant to 7 CFR 246.19--administrative appeal in 
accordance with 7 CFR 246.22; and (4) procurement by State and local 
agencies--administrative appeal to the extent required by 7 CFR 
3016.36.

References and Notice Provisions

    1. Chavin, Kristal, Seabron, and Guigli; The Reproductive 
Experience of Women Living in Hotels for the Homeless in New York City; 
New York State Journal of Medicine, 1987.
    2. The Homeless Families Program newsletter, Home Again, February 
edition, 1994.
    3. National Advisory Council on Maternal, Infant, and Fetal 
Nutrition, 1992 Biennial Report on the Special Supplemental Food 
Program for Women, Infants, and Children (WIC) and on the Commodity 
Supplemental Food Program (CSFP).
    4. 1992 Recommendations of the National Advisory Council on Migrant 
Health; Farmworkers Health for the Year 2000.
    5. Technical Paper No. 12 prepared for USDA/FNS by Awal Dad Khan; 
Homeless Mothers and Children: What is the Evidence for Nutritional 
Risk?, 1991. [[Page 19488]] 
    6. United States Conference of Mayors survey, A Status Report on 
Hunger and Homelessness in America's Cities, 1993.
    The Department adopts as final, two technical Program changes in 
response to provisions of Pub. L. 103-448, the Healthy Meals for 
Healthy Americans Act of 1994. Section 204(w)(1)(A) of Pub. L. 103-448 
changed the name of the Special Supplemental Food Program for Women, 
Infants, and Children to the Special Supplemental Nutrition Program for 
Women, Infants, and Children.
    Secondly, in section 204(a) of Pub. L. 103-448, Congress redefined 
the Program term ``nutritional risk''. Before the amendment, 
alcoholism, drug addiction, homelessness and migrancy were identified 
as conditions that predisposed persons to ``inadequate nutritional 
patterns or nutritionally related medical conditions, * * *'' 42 U.S.C. 
Sec. 1758(b)(8). Section 204(a) of Pub. L. 103-448 amended this 
definition to indicate that alcoholism and drug abuse will henceforth 
be considered conditions that directly affect nutritional health. 
Homelessness and migrancy are still considered predisposing conditions. 
In light of this change, the Department, at 7 CFR 246.7(e)(2)(iv), is 
reclassifying those medical and health conditions identified in the 
regulation as similar to alcoholism and drug abuse as ``direct'' risk 
factors.
    Pursuant to 5 U.S.C. 553(b)(3)(A), ``notice and public procedure 
thereon'' are not required prior to the implementation of a final rule 
if those procedures are ``unnecessary''. We view the term unnecessary 
in this context as meaning that if a statutory provision requires a 
particular regulatory result or if a regulatory change only clarifies 
an already existing regulation and the change will have no real effect 
on the public, notice and comment are unnecessary. Both of the 
regulatory changes made herein as final rules in response to section 
204 of Pub. L. 103-448 qualify for exemption from notice and comment 
procedures because those procedures are ``unnecessary'', as that term 
is used in 5 U.S.C. 553(b)(3)(A).

Background

    Homelessness is not a new issue, but the plight of the homeless has 
captured much public attention in the last several years as the nature 
and number of homeless have changed. Homelessness is variably defined 
as a housing problem, an employment problem, a problem brought on by 
the deinstitutionalization of mentally ill persons, a symptom of the 
breakdown of family traditions and/or of an inadequate social welfare 
system, or any combination of these factors (Rossi and Wright, 1987). 
According to a 1993 Status Report on Hunger and Homelessness in 
America's Cities, released by the United States Conference of Mayors, 
it is suggested that as many as seven million people were homeless 
during some part of the 1980s, and the problem is more than ten times 
as widespread as previously acknowledged. City officials participating 
in the Mayors' Conference identified unemployment and/or 
underemployment, poverty, and the high cost of housing as the major 
causes of hunger and homelessness.
    The homeless of today defy the traditional definitions and notions 
of shiftless, skid row vagrants for whom alcoholism was their nemesis. 
Today's homeless population contains a sizeable number of women and 
children--over one-third of the total homeless population in America 
(Wright, 1988; Breakey, 1989; Bassuk and Rosenberg, 1990). Studies show 
forty-three percent of today's homeless are families, and an increasing 
number of the ``new homeless'' include economically displaced 
individuals who have lost their jobs, exhausted their resources, and 
recently entered into the ranks of the homeless and consider their 
condition to be temporary. It is clear that the homeless population is 
heterogeneous and includes many subgroups. The Homeless Families 
Program (HFP), a joint initiative of the Robert Wood Johnson Foundation 
and the Department of Housing and Urban Development, urges that 
informed public policy resist the temptation to simplify the complex 
issue of homelessness and distinguish homeless families from single 
unattached adults. HFP asserts that the demographics, causes of 
homelessness, length of time homeless, and health issues differ 
significantly between these subgroups.
    There is very little data on the health and/or nutritional status 
of migrants. However, that which does exist reveals an extremely bleak 
and disturbing picture, e.g., infant mortality rates are considerably 
higher than the general U.S. population; incidence of malnutrition is 
higher than among any subpopulation in the nation; and rates of 
parasitic disease among migrant children are many times higher than 
among the general population. Public hearings before the National 
Advisory Council on Migrant Health, of the Department of Health and 
Human Services (DHHS), have indicated that housing is the number one 
need of this subpopulation. As stated in the preamble of this rule's 
proposed version dated April 6, 1994, studies suggest that migrants 
suffer many of the circumstances and conditions afflicting the 
homeless.
    The changing nature of the homeless and the chronic conditions of 
migrants have necessitated a re-examination of the causes, 
circumstances, and approaches to addressing the needs of both these 
vulnerable groups. Because of the increased nutritional risks 
associated with homelessness and migrancy, the National Advisory 
Council on Maternal, Infant, and Fetal Nutrition recommended in its 
1992 Report to the President and Congress that Section 17(b)(8) of the 
Child Nutrition Act of 1966 (CNA), 42 U.S.C. 1786(b)(8), be amended to 
include homelessness and migrancy as predisposing nutritional risk 
conditions for the WIC Program. Congress and the President accepted 
this recommendation and, in section 204 of the Child Nutrition 
Amendments of 1992, Public Law 102-342, specifically identified 
homelessness and migrancy as predisposing nutritional risk conditions 
for purposes of WIC Program eligibility.

The Homelessness/Migrancy as Nutritional Risk Conditions Proposed Rule

    A proposed rule on homelessness/migrancy as predisposing 
nutritional risk conditions was published for comment on April 6, 1994 
at 59 FR 16146. The rule proposed to place individuals certified for 
WIC due solely to homelessness or migrancy in Priority VII, along with 
previously certified participants who might regress in nutritional 
status without continued provision of supplemental foods. While the use 
of Priority VII for this latter group of individuals would have 
remained a State agency option, State agencies would have been required 
to use Priority VII for homeless or migrant individuals who are 
certified solely due to their homelessness or migrancy. Because income-
eligible homeless and migrant individuals with documentable nutritional 
deficiencies or medical conditions would already be certified for WIC 
Program assistance, the intended effect of the proposed rule was to 
appropriately place income-eligible homeless or migrant individuals, 
without a documented nutritional or medical condition, in a lower 
priority than individuals, including the homeless and migrants, with 
documented risk conditions.

Comments on the Proposed Rule

    In the April 1994 proposed version of this rule, the Department 
cited various [[Page 19489]] studies which support including 
homelessness and migrancy as predisposing nutritional risk conditions. 
Such studies suggest there is a high likelihood of various health-
related problems associated with homelessness and migrancy. However, 
despite a decade of active advocacy of homeless issues, there is very 
little systematic and reliable information available on the health and 
nutritional status of the homeless or any of its subgroups. 
Nevertheless, WIC State agencies have gained an impressive amount of 
practical knowledge and experience from which the Department benefits 
in planning its outreach efforts. This practical knowledge, as 
demonstrated in the comments received from both public and private 
homeless advocacy groups on the proposed rule, was instrumental in 
formulating the final rule.
    A total of 43 comment letters were received from both public and 
private individuals, groups, and State and local agencies. All except 
one commenter agreed that homelessness and migrancy should be 
considered predisposing nutritional risk conditions for the WIC 
Program. However, most commenters opposed the proposed placement in 
Priority VII of individuals certified for WIC based solely on their 
migrancy or homelessness. Those who objected to this provision 
suggested that the many risk conditions associated with homelessness 
and migrancy, as cited in the proposed rule, warrant a higher placement 
of homeless and migrant persons in WIC's nutritional risk priority 
system, even though they may not show signs of such risks at the time 
of certification. The common suggestion of commenters was that State 
agencies should be allowed to determine which priority best suits the 
needs of its homeless and migrant community. Second, many commenters 
claimed that, in times of limited funding, States could not serve 
participants certified for Priority VII and therefore, the intended 
beneficiaries of this rule--homeless and migrant individuals who are at 
nutritional risk solely due to their homelessness or migrancy--would 
not receive WIC services. Third, several commenters mentioned the 
difficulty of contacting homeless or migrant individuals placed on 
waiting lists during times of funding shortages, who frequently do not 
have mailing addresses or telephones, to inform them of caseload 
availability. In fear of losing the opportunity to serve this 
vulnerable and mobile population, commenters suggested that homeless 
and migrant individuals be provided benefits at the earliest 
opportunity. The aforementioned three reasons comprised the major 
objections or opposition to the proposed rule. In addition to these 
comments, one commenter suggested that WIC's nutritional risk 
definition be amended to include homelessness and migrancy among the 
listed conditions that predispose persons to inadequate nutritional 
patterns or nutritionally related medical conditions.
    The Department appreciates the comments of all those who responded 
to the proposed rule, and values their commitment to providing the best 
possible WIC service to the homeless and migrant community. The 
Department has carefully and thoughtfully considered all of the 
comments submitted in response to the proposed rule. We believe the 
revisions that have been made in the final rule, in response to the 
comments received, improve both the acceptability and quality of the 
rule.

Priority Placement of Individuals Certified Solely Due to Homelessness/
Migrancy

    In response to the many commenters who objected to the required 
placement in Priority VII of homeless and migrant individuals certified 
at nutritional risk solely due to their homelessness/migrancy, and who 
preferred that State agencies be granted the discretion to place such 
individuals in a higher priority, the Department has made a partial 
concession to this preference. Pregnant, breastfeeding, or postpartum 
women, infants, and children who are certified for WIC solely due to 
their homelessness/migrancy may be placed in Priority IV, V, and VI, 
based on their respective category. Alternatively, Priority VII may be 
used to serve any of the above mentioned categorically eligible 
homeless or migrant individuals, at the discretion of the State agency. 
For instance, a homeless or migrant pregnant or breastfeeding woman may 
be placed either in Priority IV, or she could be placed in Priority VII 
if the State agency chose to use Priority VII to serve all homeless or 
migrant individuals whose only nutritional risk condition was 
homelessness or migrancy.
    WIC's nutritional risk priority system was developed to prioritize 
service according to the seriousness of demonstrated nutritional risk 
conditions. As stated in the proposed rule, given the facts revealed 
through studies on the homeless and migrants, there is a high 
likelihood that these groups are already being served by the WIC 
Program by virtue of other documented nutritional risk(s). The 
Department strongly stands by the logic and fairness of the WIC 
priority system, which advocates serving individuals with documented 
nutritionally related medical risk conditions before persons with 
dietary risk only or persons likely to regress to a former risk. To 
serve applicants with no documentable medical or nutritional risk 
condition, even when their lifestyle may predispose them to risk 
conditions, before someone with verifiable nutritionally-related risk 
conditions, would be contrary to the purpose and intent of WIC's 
service priority system. Finally, the Department recognizes the 
limitations of the services it can provide to address the many needs of 
homeless and migrant individuals. Although it is clear that WIC 
services can contribute to improving the nutrition and health of these 
vulnerable groups, such services cannot change their homeless or 
migrant circumstances. Homelessness and migrancy are socio-economic 
conditions which require more than the provision of supplemental foods 
and nutrition services to change the individual's circumstances. In 
addition, as stated earlier, the homeless are a heterogeneous group 
with a wide range of characteristics, circumstances, and needs. The 
definition of a homeless individual, as specified in section 17(b)(15) 
of the CNA, 42 U.S.C. 1786(b)(15), covers a wide range of circumstances 
and includes persons who are temporarily living with relatives or 
friends, individuals housed in a shelter which serves meals and can 
offer nutrition education, or individuals whose nighttime residence is 
not designed or ordinarily used as a regular sleeping accommodation. 
These examples or conditions reflect the diversity in the homeless 
population as defined by WIC legislation.
    The Department reminds those commenters who stressed the importance 
of seizing the opportunity to provide services to homeless and migrant 
applicants, that section 246.7(e)(2)(iii)(A) of the WIC regulations 
already requires State agencies to establish criteria for identifying 
categories of persons at special nutritional risk who require expedited 
services. In addition, this provision of the Program regulations 
requires that migrant farmworkers and their family members who soon 
plan to leave the jurisdiction of the local agency be considered as 
special nutritional risk applicants. Added to these provisions by this 
final rule is the allowance for States, at 246.7(d)(4), to include 
homeless individuals in their criteria for expedited services, along 
with migrant farmworkers and their family members. [[Page 19490]] 
    In response to those commenters who suggested that WIC add 
homelessness and migrancy to the list of predisposing nutritional risk 
conditions at section 246.7(e)(2)(iv), the following changes are made. 
This final rule designates homelessness and migrancy as predisposing 
nutritional risk conditions, and redesignates conditions currently 
listed at section 246.7(e)(2)(iv) as direct nutritional risks (chronic 
infections, alcohol or drug abuse, mental retardation in women, lead 
poisoning, history of high-risk pregnancies or factors associated with 
high-risk pregnancies such as smoking; conception before 16 months 
postpartum; history of low birth weight, premature births, or neonatal 
loss; adolescent pregnancy; or current multiple pregnancies in pregnant 
women, or congenital malformations in infants or children, or infants 
born of women with alcohol or drug abuse histories or mental 
retardation). The redesignation of these currently listed predisposing 
conditions to a new status as direct risks is a technical change the 
impact of which will only affect recordkeeping. It was done to reflect 
two realities. First, section 204(a) of Pub. L. 103-448 revised the 
legislative definition of ``nutritional risk'' by adding a new 
subparagraph that includes conditions that directly affect the 
nutritional health of a person, such as alcoholism or drug abuse. 
Therefore, consistent with the legislation, this final rule removes the 
aforementioned conditions, along with alcoholism and drug abuse, from 
the predisposing category and more appropriately groups them as 
conditions that directly affect a person's nutritional health. The 
revision of the definition of nutritional risk in Pub. L. 103-448 
further delineates nutritional risk conditions by retaining 
homelessness and migrancy as examples of conditions that predispose 
persons to inadequate dietary patterns or nutritionally related medical 
conditions. Homelessness and migrancy are now the only examples of 
conditions that predispose persons to inadequate nutritional patterns 
or nutritionally related medical conditions that remain in the CNA. 
Second, in addition to the legislative directive, the change was made 
to reflect current practices, which in the Department's estimation, is 
appropriate. Most if not all State agencies classify the aforementioned 
conditions as direct nutritionally related medical risk conditions.

Definition of Homelessness/Migrancy

    In the April 1994 proposed version of this rule the Department 
proposed that it keep the current definitions of both a ``homeless 
individual'' and ``migrant farmworker'' outlined in section 246.2, and 
asserted that both should accommodate all individuals Congress intended 
to include in their references to homelessness and migrancy in section 
204 of the Child Nutrition Amendments of 1992, Public Law 102-342. No 
commenters opposed this. Therefore, these definitions will remain as 
currently stated in section 246.2 for purposes of this final rule.

WIC Priority System

    The current WIC nutritional risk priority system was designed to 
ensure that persons at greatest health and nutritional risk are served 
first with available program funds. The priority system therefore 
follows a logical order of progression to determine priority for 
service. Applicants with documented nutritionally related medical 
conditions are served first, followed by those at nutritional risk due 
to inadequate dietary patterns. Finally, and as a State agency option, 
previously certified participants whose nutritional status might 
regress without continued provision of supplemental foods are certified 
in Priority VII.
    This final rule requires State agencies to include pregnant, 
breastfeeding or postpartum women, infants, and children who are 
certified at nutritional risk solely because of their homelessness or 
migrancy in one of the respective priorities (Priority IV through VI, 
or VII) of the WIC nutritional risk priority system. State agencies 
must indicate in their State Plans which Priority(ies) they will use to 
certify pregnant, breastfeeding or postpartum women, infants, and 
children at nutritional risk solely because of their homelessness or 
migrancy. State agencies may also continue to use Priority VII to 
identify certified participants who might regress in nutritional status 
without continued provision of supplemental foods. State agencies must 
implement the provisions of this rule by no later than October 1, 1995.
    The Department does not intend for State agencies to use 
administrative shortcuts in certifying homeless and migrant 
individuals. The Department fully expects that homeless and migrant 
applicants will receive all the normal and necessary health assessments 
that are routinely performed to determine the presence of a medical or 
nutritional risk which would determine their proper priority placement, 
and assist in identifying other health and social services to which 
such individuals may be referred.

Change in Name of Program

    Section 204(w)(1) of Pub. L. 103-448, changed the name of the WIC 
Program from the ``Special Supplemental Food Program for Women, 
Infants, and Children'' to the ``Special Supplemental Nutrition Program 
for Women, Infants, and Children''. This final rule implements that 
statutory change.

List of Subjects in 7 CFR Part 246

    Food assistance programs, Food donations, Grant programs--Social 
programs, Indians, Infants and children, Maternal and child health, 
Nutrition, Nutrition education, Public assistance programs, WIC, Women.

    Accordingly, 7 CFR Chapter II and Part 246 are amended as follows:
    1. In 7 CFR Chapter II (consisting of Parts 210-299) all references 
to ``the Special Supplemental Food Program for Women, Infants, and 
Children `` are revised to read ``the Special Supplemental Nutrition 
Program for Women, Infants, and Children''.

PART 246--SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS 
AND CHILDREN

    2. The authority citation for Part 246 continues to read as 
follows:

    Authority: 42 U.S.C. 1786.

    4. In Sec. 246.7, paragraphs (e)(2)(ii), (e)(2)(iv), the 
introductory text of paragraph (e)(4) and paragraph (e)(4)(vii) are 
revised to read as follows:


Sec. 246.7  Certification of participants.

* * * * *
    (e) * * *
    (2) * * *
    (ii) Other documented nutritionally related medical conditions, 
such as clinical signs of nutritional deficiencies, metabolic 
disorders, pre-eclampsia in pregnant women, failure to thrive in an 
infant, chronic infections in any person, alcohol or drug abuse or 
mental retardation in women, lead poisoning, history of high risk 
pregnancies or factors associated with high risk pregnancies (such as 
smoking; conception before 16 months postpartum; history of low birth 
weight, premature births, or neonatal loss; adolescent pregnancy; or 
current multiple pregnancy) in pregnant women, or congenital 
malformations in infants or children, or infants born of women with 
alcohol or drug abuse histories or mental retardation.
* * * * *
    (iv) Conditions that predispose persons to inadequate nutritional 
patterns or nutritionally related medical [[Page 19491]] conditions, 
such as homelessness or migrancy.

* * * * *

    (4) Nutritional risk priority system. The competent professional 
authority shall fill vacancies which occur after a local agency has 
reached its maximum participation level by applying the following 
participant priority system to persons on the local agency's waiting 
list. Priorities I through VI shall be utilized in all States. The 
State agency may, at its discretion, expand the priority system to 
include Priority VII. The State agency may set income or other sub-
priority levels within any of these seven priority levels. The State 
agency may expand Priority III, IV, or V to include high-risk 
postpartum women. The State agency may place pregnant or breastfeeding 
women and infants who are at nutritional risk solely because of 
homelessness or migrancy in Priority IV; children who are at 
nutritional risk solely because of homelessness or migrancy in Priority 
V; and postpartum women who are at nutritional risk solely because of 
homelessness or migrancy in Priority VI, OR, the State agency may place 
pregnant, breastfeeding or postpartum women, infants, and children who 
are at nutritional risk solely because of homelessness or migrancy in 
Priority VII.

* * * * *

    (vii) Priority VII. Individuals certified for WIC solely due to 
homelessness or migrancy and, at State agency option, and in accordance 
with the provisions of paragraph (e)(1)(iii) of this section, 
previously certified participants who might regress in nutritional 
status without continued provision of supplemental foods.

* * * * *

    Dated: April 11, 1995.

William E. Ludwig,

Administrator, Food and Consumer Service.

[FR Doc. 95-9657 Filed 4-18-95; 8:45 am]

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