[Federal Register Volume 69, Number 60 (Monday, March 29, 2004)]
[Notices]
[Pages 16229-16230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6896]


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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, 2004.

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) 
305-2746.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This notice is exempt 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, and 49 FR 22676, May 31, 1984).

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 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 2004 was published by the Department of Health and Human 
Services (HHS) at 69 FR 7336, February 13, 2004. The guidelines 
published by HHS are referred to as the poverty guidelines.
    Section 246.7(d)(1) of the WIC regulations (title 7, Code of 
Federal 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, 2004, through June 30, 2005. Consistent with section 17(f)(17) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(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, 2004. State agencies that 
do not coordinate implementation with the revised Medicaid guidelines 
must implement the WIC income eligibility guidelines on July 1, 2004. 
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.
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[[Page 16230]]

[GRAPHIC] [TIFF OMITTED] TN29MR04.012


    Authority: 42 U.S.C. 1786.

    Dated: March 23, 2004.
Roberto Salazar,
Administrator.
[FR Doc. 04-6896 Filed 3-26-04; 8:45 am]
BILLING CODE 3410-30-C