[Federal Register Volume 66, Number 50 (Wednesday, March 14, 2001)]
[Notices]
[Pages 14875-14878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6337]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): Income Eligibility Guidelines

AGENCY: Food and Nutrition Service, USDA.

ACTION: Notice.

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SUMMARY: The Department announces adjusted income eligibility 
guidelines to be used by State agencies in determining the income 
eligibility of persons applying to participate in the Special 
Supplemental Nutrition Program for Women, Infants and Children (WIC 
Program). These income eligibility guidelines are to be used in 
conjunction with the WIC Regulations.

EFFECTIVE DATE: July 1, 2001.

FOR FURTHER INFORMATION CONTACT: Debra Whitford, Branch Chief, Policy 
and Program Development Branch, Supplemental Food Programs Division, 
FNS, USDA, 3101 Park Center Drive, Alexandria, Virginia 22302, (703) 
305-2730.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This notice is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Regulatory Flexibility Act

    This action is not a rule as defined by the Regulatory Flexibility 
Act (5 U.S.C. 601-612) and thus is exempt from the provisions of this 
Act.

Paperwork Reduction Act of 1995

    This notice does not contain reporting or recordkeeping 
requirements subject to approval by the Office of Management and Budget 
in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507).

Executive Order 12372

    This program is listed in the Catalog of Federal Domestic 
Assistance Programs under No. 10.557 and is subject to the provisions 
of Executive Order 12372, which requires intergovernmental consultation 
with State and local officials (7 CFR Part 3015, Subpart V, 48 FR 29112 
June 24, 1983).

Description

    Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786 (d)(2)(A)) requires the Secretary of Agriculture to establish 
income criteria to be used with nutritional risk criteria in 
determining a person's eligibility for participation in the WIC 
Program. The law provides that persons will be income eligible for the 
WIC Program only if they are members of families that

[[Page 14876]]

satisfy the income standard prescribed for reduced-price school meals 
under section 9(b) of the National School Lunch Act (42 U.S.C. 
1758(b)). Under section 9(b), the income limit for reduced-price school 
meals is 185 percent of the Federal poverty guidelines, as adjusted.
    Section 9(b) also requires that these guidelines be revised 
annually to reflect changes in the Consumer Price Index. The annual 
revision for 2001 was published by the Department of Health and Human 
Services (DHHS) at 66 FR 10695, Feb. 16, 2001. The guidelines published 
by DHHS are referred to as the poverty guidelines.
    Section 246.7(d)(1) of the WIC regulations specifies that State 
agencies may prescribe income guidelines either equaling the income 
guidelines established under section 9 of the National School Lunch Act 
for reduced-price school meals or identical to State or local 
guidelines for free or reduced-price health care. However, in 
conforming WIC income guidelines to State or local health care 
guidelines, the State cannot establish WIC guidelines which exceed the 
guidelines for reduced-price school meals, or which are less than 100 
percent of the Federal poverty guidelines. Consistent with the method 
used to compute income eligibility guidelines for reduced-price meals 
under the National School Lunch Program, the poverty guidelines were 
multiplied by 1.85 and the results rounded upward to the next whole 
dollar.
    At this time the Department is publishing the maximum and minimum 
WIC income eligibility guidelines by household size for the period July 
1, 2001, through June 30, 2002. Consistent with section 17(f)(17) of 
the Child Nutrition Act of 1966 (42 U.S.C. 786(f)(17)), a State agency 
may implement the revised WIC income eligibility guidelines 
concurrently with the implementation of income eligibility guidelines 
under the Medicaid program established under title XIX of the Social 
Security Act (42 U.S.C. 1396, et seq.). State agencies may coordinate 
implementation with the revised Medicaid guidelines, but in no case may 
implementation take place later than July 1, 2001. State agencies that 
do not coordinate implementation with the revised Medicaid guidelines 
must implement the WIC income eligibility guidelines on July 1, 2001. 
The first table of this notice contains the income limits by household 
size for the 48 contiguous States, the District of Columbia and all 
Territories, including Guam. Because the poverty guidelines for Alaska 
and Hawaii are higher than for the 48 contiguous States, separate 
tables for Alaska and Hawaii have been included for the convenience of 
the State agencies.

[[Page 14877]]

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[[Page 14878]]


    Authority: 42 U.S.C. 1786.

    Dated: March 9, 2001.
George A. Braley,
Acting Administrator.
BILLING CODE 3410-30-P
[FR Doc. 01-6337 Filed 3-13-01; 8:45 am]
BILLING CODE 3410-30-C