[Federal Register Volume 65, Number 14 (Friday, January 21, 2000)]
[Rules and Regulations]
[Pages 3375-3379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1489]



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Rules and Regulations
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Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Rules 
and Regulations

[[Page 3375]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 246

RIN 0584-AC76


Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): Certification Integrity

AGENCY:  Food and Nutrition Service, USDA.

ACTION:  Interim rule.

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

SUMMARY:  This interim rule amends regulations for the Special 
Supplemental Nutrition Program for Women, Infants and Children (WIC). 
The rule adds three legislative requirements that affect the 
application and certification process for the WIC Program. The 
legislative requirements can be found in the William F. Goodling Child 
Nutrition Reauthorization Act of 1998. Therefore, this rulemaking 
requires WIC applicants, except in limited circumstances, to present 
documentation of family income at certification for those individuals 
who are not certified based on adjunctive income eligibility 
procedures; present proof of residency as part of a State agency's 
system to prevent dual participation; and, physically present 
themselves at certification. The intent of these provisions is to 
strengthen the integrity of the WIC certification process.

DATES:  The provisions in this interim rule are effective February 22, 
2000. To be assured of consideration, written comments must be 
postmarked on or before April 20, 2000. Since comments are being 
accepted simultaneously on several separate rulemakings, commenters on 
this rulemaking are requested to label their comments ``WIC 
Certification Integrity Rule.''

ADDRESSES:  Data faxes of comments may be sent to (703) 305-2196. 
Comments may be mailed to Patricia Daniels, Director, Supplemental Food 
Programs Division, Food and Nutrition Service, USDA, 3101 Park Center 
Drive, Room 540, Alexandria, VA 22302. All written comments will be 
available for public inspection at this address during regular business 
hours (8:30 a.m. to 5:00 p.m.) Monday through Friday.
    Comments may be sent via email to the following address: <a href="/cdn-cgi/l/email-protection#2f78666c677e027c697f6b6f49415c015a5c4b4e01484059"><span class="__cf_email__" data-cfemail="94c3ddd7dcc5b9c7d2c4d0d4f2fae7bae1e7f0f5baf3fbe2">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT:  Debbie Whitford at (703) 305-2730 
during regular business hours.

SUPPLEMENTARY INFORMATION:   

1. What are the Procedures for Submitting Comments on This 
Regulation?

    As noted above, comments may be sent in one of three ways. You may: 
(1) Send comments electronically via the Internet to: <a href="/cdn-cgi/l/email-protection#17405e545f463a4451475357717964396264737639707861"><span class="__cf_email__" data-cfemail="c3948a808b92ee9085938783a5adb0edb6b0a7a2eda4acb5">[email protected]</span></a>, (2) fax comments to 703-305-2196, or (3) mail 
comments to Patricia Daniels, Director, Supplemental Food Programs 
Division at the address noted above. In all cases, including when 
comments are sent via the Internet, please label your comments as ``WIC 
Certification Integrity Rule'' and include your name, title, and 
address. Comments are most helpful when a specific section or paragraph 
of the interim rule is identified, they indicate support, support with 
modification, or opposition to the specific section or paragraph, and 
there is an explanation of the reason(s) for any recommended change.

2. What Requirements are in This Regulation?

    This regulation requires, with limited exceptions, that WIC 
agencies require WIC applicants and participants to: (1) Provide proof 
or documentation of family income in cases where an individual is not 
determined adjunctively or automatically income eligible; (2) provide 
proof or documentation of an applicant's residency; and, (3) physically 
present themselves at the WIC clinic at certification.

3. Why is This Regulation Necessary?

    The William F. Goodling Child Nutrition Reauthorization Act of 1998 
(Public Law 105-336), enacted October 31, 1998, contains three 
provisions to strengthen the WIC certification process. These 
provisions affect all program applicants, including individuals who are 
currently participating in the program but are re-applying because 
their certification period is about to expire. The legislative 
provisions include requiring applicants to: (1) Present documentation 
of family income at certification for those individuals who are not 
certified based on adjunctive or automatic income eligibility 
procedures; (2) present proof of residency at certification, as part of 
a State agency's system to identify participants participating at more 
than one WIC site; and, (3) to physically present themselves at 
certification. Each of these provisions includes exceptions in limited 
circumstances as noted below.

4. Why is This Regulation an Interim Rule?

    As noted above, the provisions of Public Law 105-336 took effect 
October 1, 1998. Many State agencies were already using a variety of 
measures to ensure integrity in the certification process. For these 
State agencies, few if any changes in their operating procedures were 
necessary to implement the new requirements. Although State agencies 
are already implementing these provisions, it is important to codify 
these legislative requirements and ensure consistent application. 
Therefore, making the WIC certification integrity provisions contained 
in this rulemaking effective before taking public comment is in the 
public's interest.
    For these reasons, the Administrator has determined in accordance 
with 5 U.S.C. 553(b) that prior notice and comments would be 
unnecessary, impracticable, and contrary to public interest.

5. What Does This Regulation Require of WIC Agencies and Applicants 
and Participants?

a. Documentation of Family Income--Section 246.7(d)(2)(v)

    Section 203(a)(3) of Public Law 105-336 added section 17(d)(3)(E) 
to the Child Nutrition Act (CNA) of 1966 (42 U.S.C. 1786 (d)(3)(E)) to 
require documentation of adjunct eligibility. This legislative 
requirement merely

[[Page 3376]]

reinforces Section 246.7(d)(2)(vi)(A) of WIC regulations. This section 
currently requires persons who are adjunctively income eligible to show 
documentation of eligibility to receive benefits under certain programs 
when they seek certification or subsequent certification of WIC Program 
benefits. Adjunctive income eligibility is based on an applicant's or 
certain family members' current eligibility to receive Food Stamps, 
Medicaid, or Temporary Assistance for Needy Families (formerly known as 
Aid to Families With Dependent Children (AFDC).
    Additionally, we have determined that Verification of Certification 
(VOC) cards presented by instream migrant farmworkers and their family 
members under 7 CFR 246.7(d)(2)(ix) satisfy the new documentation of 
income requirement of section 17(d)(3)(D) (42 U.S.C. 1786(d)(3)(D)). 
This is because VOC cards represent documentary evidence of income 
eligibility related to the specific individuals seeking program 
benefits. Additionally, due to the unique economic condition of the 
instream migrant population, VOC cards (supported by an annual 
determination of each migrant farmworker family's income as required by 
7 CFR 246.7(d)(2)(ix)) are a sufficiently accurate measure of a 
family's income to assure the program integrity goals of Public Law 
105-336.
    Section 203(a)(2) of Public Law 105-336 added section 17(d)(3)(D) 
to the CNA which requires that an individual (except for those deemed 
adjunctively income eligible) seeking certification for participation 
in the WIC Program must provide documentation of family income, with 
limited exceptions for: (1) An individual for whom the necessary 
documentation is not available; or, (2) an individual, such as a 
homeless woman or child, for whom the agency determines the requirement 
would present an unreasonable barrier to participation.
    This rule adds a definition of ``applicants'' in section 246.2 to 
clearly identify whose documentation of income or residency must be 
presented and which individuals must be physically present. As defined, 
``applicants'' means pregnant women, breastfeeding women, postpartum 
women, infants, and children who are applying to receive WIC benefits 
under the program, and the breastfed infants of applicant breastfeeding 
women. Applicants include individuals who are currently participating 
in the program but are reapplying because their certification period is 
about to expire. In addition, in Section 246.2, this rule adds a 
definition of ``documentation.'' As defined, ``documentation'' means 
the presentation of written documents which substantiate statements 
made by an applicant or participant or a person applying on behalf of 
an applicant.
(1) Exceptions to the Income Documentation Requirement
    As reflected in the legislation, exceptions may be necessary to the 
requirement for applicants to provide documentation of family income. 
Therefore, consistent with the law, this rule amends Section 
246.7(d)(2)(v)(C) to set forth the legislative exceptions to the income 
documentation requirement. Such exceptions include individuals for 
whom: (1) The necessary documentation is unavailable; or, (2) the 
agency determines the income documentation requirement would present an 
unreasonable barrier to participation such as in the case of a homeless 
woman or child. Examples of individuals for whom the necessary 
documentation is not available include individuals with no income or no 
proof of income such as an applicant or applicant's parent who is a 
migrant farmworker or other individual who works for cash. Some 
applicants may indicate they have no income. In such cases, State and 
local agencies should discuss in detail with the applicant his/her 
family size, their living circumstances, and how the individual obtains 
basic living necessities to establish if, in fact, the individual is 
truly with minimal or no resources. These are the only exceptions that 
may be used. When such exceptions are made, the State or local agency 
must require the applicant to sign a statement specifying why he/she 
cannot provide documentation of income. This statement is not required 
when there is no income.
(2) Verification of Income
    This rulemaking continues to include a provision, in Section 
246.7(d)(2)(v)(D), to afford the State or local agency the authority to 
verify information it determines necessary to confirm income 
eligibility for program benefits. Verification is a process whereby the 
information presented is validated through an external source of 
information other than the applicant. Verification is encouraged in 
questionable cases.

b. Dual Participation Prevention--Proof of Residency Section 
246.7(l)(2)

    Section 203(e) of Public Law 105-336 added section 17(f)(23) to the 
CNA which requires each WIC State agency to implement a system to 
identify individuals who are participating at more than one site under 
the program. Program regulations at Section 246.7(l) already make State 
agencies responsible for detection and prevention of dual 
participation.
    Currently WIC regulations at Section 246.7(l)(2) require WIC local 
agencies to check an individual's identity at certification and when 
issuing food, in a direct distribution or home delivery system, or food 
instruments in a retail purchase system. However, the regulations give 
State agencies some flexibility in meeting the requirement to prevent 
and detect dual participation.
    In light of a renewed emphasis on detecting dual participation, as 
set forth in Public Law 105-336, section 246.7(l)(2) is revised in this 
interim rule to add the requirement that in addition to checking 
identity at certification, State and local agencies must require each 
applicant at certification to present proof of residency.
    Proving residency entails establishing the location or address 
where the applicant routinely lives or spends the night. For an infant 
or child applicant, documentation of residency must be provided for the 
person with whom the infant or child resides. In addition, 
documentation of residency must also be provided by a person who 
transfers from another area or State and presents a valid Verification 
of Certification (VOC) card at a new WIC site. Providing a post office 
box is not sufficient proof of residency. Acceptable forms of proof of 
residency include current utility bills, rent or mortgage receipts for 
lodging/housing, or a State/local document that can only be obtained 
through proof of current State or local residency.
(1) Special Residency Procedures for Indian State Agencies
    Section 246.7(c)(1) of the WIC regulations requires all State 
agencies except Indian State agencies to require applicants to reside 
within the jurisdiction of the State. Indian/Native American State 
agencies may establish a requirement for applicants to reside within 
their area of legal jurisdiction. State agencies also may establish a 
local service area residency requirement. For WIC purposes, the 
residency requirement has no durational or formal legal aspect and need 
not represent a legal residence. Also, length of residency cannot be a 
prerequisite to receiving WIC benefits.
(2) Exceptions to the Identity and Residency Documentation Requirements
    When no proof of residency or identity exists, this rule permits 
State agencies, in Section 246.7(l)(2), to exempt an applicant from the 
residency

[[Page 3377]]

and/or identity documentation requirements. Applicants who may require 
an exemption include a victim of theft, loss, or disaster; a homeless 
individual; or, a migrant farm worker. In such cases, at a minimum, the 
State or local agency must require the applicant to confirm in writing 
his/her residency or identity.

c. Physical Presence at WIC Certification--Section 246.7(p)

    Section 203(a)(1) of Public Law 105-336 added a new section 
17(d)(3)(C) to the CNA which requires individuals seeking participation 
in the WIC Program to be physically present at the initial WIC 
certification and subsequent recertifications, except in certain 
limited circumstances. This requirement is reflected in a new paragraph 
(p) to Section 246.7. In addition, a definition has been added for an 
``individual with disabilities'' in Section 246.2.
    This legislative mandate reinforces the Department's long-standing 
position that the physical presence of an individual at certification 
is basic to WIC Program effectiveness. The physical presence 
requirement not only improves program accountability and integrity, it 
also facilitates an individual's access to other needed health and 
social services. Physical presence is based on public health standards 
of practice for nutrition and health assessment. That process entails 
gathering objective and subjective information about the applicant 
through observation and physical assessment. WIC has many success 
stories that can be attributed to a policy of physical presence, that 
is, observing and assessing women and children who have been found by 
WIC staff to be in need of immediate medical attention. Physical 
presence of and staff contact with the applicant also enables the 
health professional to more effectively tailor WIC food packages, given 
the applicant's nutritional needs. Requiring physical presence is also 
beneficial to program clients. It permits the individual to actively 
participate in nutrition education, including young children, and learn 
good nutrition and ways to improve their eating habits. In addition, in 
clinics with other onsite services, the physical presence of WIC 
applicants can, in many cases, result in the provision of immediate 
health services such as immunizations or lead screening for children or 
prenatal care for women.
    In establishing a legislative provision to require physical 
presence, Congress emphasized in the Conference Report accompanying 
Public Law 105-336 other legislative requirements and policy which are 
intended to maximize access to the WIC Program and its benefits. Such 
provisions include accommodating working parents or caretakers to 
minimize the time they are absent from the workplace for WIC 
certification purposes such as providing early morning, evening and/or 
weekend appointments. In addition, parents or caretakers may designate 
another responsible person as a proxy to bring an infant or child to a 
WIC appointment along with the required documentation. The use of such 
policies and procedures by State and local agencies will minimize the 
potential for barriers that might be created by the physical presence 
requirement.
    The only exceptions to the physical presence requirement as set 
forth in the legislation are discussed below. Although an applicant may 
be exempt from the physical presence requirement, State and local 
agencies must ensure that all necessary income, identity and other 
documentation are provided in order to make a WIC eligibility 
determination in the absence of the applicant. The applicant's parent, 
caretaker or proxy can bring in the documents necessary to determine 
eligibility for WIC.
    The length of time an applicant may be exempt from the physical 
presence requirement is limited to the certification period for which 
it was provided in the case of short-term situations or conditions. At 
reapplication, the need for the applicant's physical presence must be 
reassessed. In the case of long-term or permanent conditions, an 
extended exception to the physical presence requirement may be 
required.
(1) Exceptions for Reasonable Accommodation of Disabilities for Women, 
Infants or Children
    Section 203(a)(1)(C)(i) of Public Law 105-336 exempts from the 
physical presence requirement WIC applicants protected by the Americans 
with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) and 
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). The 
Rehabilitation Act has applied to the WIC Program since its enactment 
in 1973, therefore, State agencies should already be in compliance.
    Section 504 of the Rehabilitation Act prohibits discrimination on 
the basis of disability in any program or activity that either receives 
Federal financial assistance (such as the WIC Program) or is conducted 
by any Executive agency or the United States Postal Service. Section 
504 applies to all aspects of the delivery of WIC benefits, not just 
the physical presence requirement. USDA regulations implementing 
Section 504 are found at 7 CFR Part 15b. The ADA prohibits 
discrimination on the basis of disability in employment, State and 
local government, public accommodations, commercial facilities, 
transportation, and telecommunications. It also applies to the United 
States Congress.
    Section 15b.3 of the USDA regulations concerning the Rehabilitation 
Act defines a ``handicapped person'' as a person who has a physical or 
mental impairment that substantially limits one or more major life 
activities, a person who has a history or record of such an impairment, 
or a person who is perceived by others as having such an impairment. 
Neither the Rehabilitation Act, the ADA, nor the USDA regulations 
specifically names all of the impairments that are covered. ``Major 
life activities'' include functions such as caring for oneself, 
performing manual tasks, walking, seeing, hearing, speaking, breathing, 
learning, and working. This rule amends section 246.2 to define an 
``individual with disabilities'' to mean a handicapped person as 
defined by 7 CFR 15b.3.
    Under the Rehabilitation Act and USDA's regulations, WIC agencies 
may not deny a qualified handicapped person the opportunity to 
participate in the WIC Program. Therefore, as set forth by this rule in 
section 246.7(p)(2), if an applicant, or parent or caretaker of an 
applicant, is a qualified individual with disabilities and is unable to 
be physically present at the WIC clinic because of their disabilities, 
the individual may be certified without being physically present. All 
persons with disabilities are not automatically exempt from the 
physical presence requirement. Only those disabilities that create a 
current barrier to the physical presence requirement may serve as a 
basis for an exception from the requirement. In this rulemaking, 
Section 246.7(p)(2)(i)(A)-(C) specifies that such conditions include: 
(1) A medical condition that necessitates the use of medical equipment 
that is not easily transportable; (2) a medical condition that requires 
confinement to bed rest; or (3) a serious illness that may be 
exacerbated by coming in to the clinic.
(2) State Agency Option to Exempt Certain Infants or Children
    In addition to the legislative exception discussed above, Section 
203(a)(1)(ii) of Public Law 105-336 amends section 17(d)(3) of the CNA 
by providing State agencies the option, if physical presence would 
present an unreasonable barrier to participation, to exempt certain 
infants or children from

[[Page 3378]]

the physical presence requirement in the following situations:
    An infant or child:
    <bullet> Who was present at his/her initial WIC certification; and
    <bullet> Has documented ongoing health care from a provider other 
than the local agency; or
    An infant or child:
    <bullet> Who was present at his/her initial WIC certification; and
    <bullet> Was present at a WIC certification or recertification 
determination within the 1-year period ending on the date of the most 
recent certification or recertification determination; and
    <bullet> Is under the care of one or more working parents or one or 
more primary working caretakers whose working status presents a barrier 
to bringing the infant or child in to the WIC clinic.

d. Certification Forms Section 246.7(i)

    Finally, this rule requires in Sections 246.7(i)(3)-(i)(5) that the 
certification form or other form, which may be paper or electronic, 
reflect the type of document(s) used to determine or confirm income 
eligibility, residency and identity or include a copy of the 
document(s) in the file. In those cases where there is no proof of 
income, the file must include a copy of the written statement by the 
applicant indicating why he/she cannot provide documentation of income. 
Further, in applicable cases, the file must specify if the applicant 
has no income.
    This section also requires an indication of whether the applicant 
is physically present at certification, and if not, the reason why an 
exception was granted or a copy of a document(s) in the file which 
explains the reason for the exception. Documentation of physical 
presence may consist of simply checking off an appropriate annotated 
box on a form (paper or electronic). These requirements are necessary 
for program integrity, accountability and audit purposes.

6. Procedural Matters

Executive Order 12866

    This interim 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, 
Samuel Chambers, Jr., Administrator, Food and Nutrition Service, has 
certified that this rule would not have a significant impact on a 
substantial number of small entities. This rule would modify WIC 
certification procedures. Therefore, the effect of these changes would 
be primarily on State and local WIC agencies, some of which are small 
entities. However, the impact on small entities is not expected to be 
significant.

Executive Order 12372

    The WIC Program is listed in the Catalog of Federal Domestic 
Assistance Programs under 10.557. For the reasons set forth in the 
final rule in 7 CFR part 3015, Subpart V, and related Notice (48 FR 
29115), this program is included in the scope of Executive Order 12372 
which requires intergovernmental consultation with State and local 
officials.

Executive Order 12988

    This interim rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This interim 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 section of the preamble of this 
interim rule. Prior to any judicial challenge to the application of the 
provisions of the interim rule, all applicable administrative 
procedures must be exhausted.

Public Law 104-4

    Title II of the Unfunded Mandates Reform Act of 1995 ((UMRA) (2 
U.S.C. 1531-38)) establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on State, local and 
tribal governments and the private sector. Under section 202 of the 
UMRA, the Food and Nutrition Service (FNS) generally must prepare a 
written statement, including a cost benefit analysis, for proposed and 
final rules with ``Federal mandates'' that may result in expenditures 
to State, local or tribal governments, in the aggregate, or the private 
sector, of $100 million or more in any one year. When such a statement 
is needed for a rule, section 204 of the UMRA generally requires FNS to 
identify and consider a reasonable number of regulatory alternatives 
and adopt the most cost effective or least burdensome alternative that 
achieves the objectives of the rule.
    This interim rule contains no Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local and 
tribal governments or the private sector of $100 million or more in any 
one year. Thus, the rule is not subject to the requirements of sections 
202 and 205 of the UMRA.

Paperwork Reduction Act of 1995

    This regulation contains information collection that is subject to 
review and approval by the Office of Management and Budget. The 
information collection contained in Section 246.7(i)(3)-(i)(5) of this 
regulation is approved under OMB No. 0584-0043.

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 education, Public assistance programs, WIC, Women.

    For the reasons set forth in the preamble, 7 CFR part 246 is 
amended as follows:

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

    1. The authority citation for part 246 continues to read as 
follows:

    Authority:  42 U.S.C. 1786.

    2. In Sec. 246.2, add new definitions of Applicants, Documentation, 
and Individual with disabilities in alphabetical order to read as 
follows:


Sec. 246.2  Definitions.

* * * * *
    Applicants means pregnant women, breastfeeding women, postpartum 
women, infants, and children who are applying to receive WIC benefits, 
and the breastfed infants of applicant breastfeeding women. Applicants 
include individuals who are currently participating in the program but 
are re-applying because their certification period is about to expire.
* * * * *
    Documentation means the presentation of written documents which 
substantiate statements made by an applicant or participant or a person 
applying on behalf of an applicant.
* * * * *
    Individual with disabilities means a handicapped person as defined 
in 7 CFR 15b.3.
* * * * *

    3. In Sec. 246.7:
    a. revise paragraph (d)(2)(v);
    b. revise paragraph (d)(2)(ix)
    c. redesignate paragraphs (i)(3) through (i)(9) as paragraphs 
(i)(5) through (i)(11);
    d. add new paragraphs (i)(3) and (i)(4);

[[Page 3379]]

    e. revise newly redesignated paragraph (i)(5);
    f. revise paragraph (l)(2); and
    g. add new paragraph (p).
    The additions and revisions read as follows:


Sec. 246.7  Certification of participants.

* * * * *
    (d) * * *
    (2) * * *
    (v) Are applicants required to document income eligibility? (A) 
Adjuctively/automatically income eligible applicants. The State or 
local agency must require applicants determined to be adjunctively or 
automatically income eligible to document their eligibility for the 
program that makes them income eligible as set forth in paragraph 
(d)(2)(vi) of this section.
    (B) Other applicants. The State or local agency must require all 
other applicants to provide documentation of family income at 
certification.
    (C) Exceptions. The income documentation requirement does not apply 
to an individual for whom the necessary documentation is not available 
or an individual such as a homeless woman or child for whom the agency 
determines the income documentation requirement would present an 
unreasonable barrier to participation. Examples of individuals for whom 
the necessary documentation is not available include those with no 
income or no proof of income (such as an applicant or applicant's 
parent who is a migrant farmworker or other individual who works for 
cash). These are the only exceptions that may be used. When using these 
exceptions, the State or local agency must require the applicant to 
sign a statement specifying why he/she cannot provide documentation of 
income. Such a statement is not required when there is no income.
    (D) Verification. The State or local agency may require 
verification of information it determines necessary to confirm income 
eligibility for Program benefits.
* * * * *
    (ix) Are instream migrant farmworkers and their family members 
required to document income eligibility? Certain instream migrant 
farmworkers and their family members with expired Verification of 
Certification cards shall be declared to satisfy the State agency's 
income standard and income documentation requirements. Such cases 
include when income of that instream migrant farmworker is determined 
at least once every 12 months. Such families shall satisfy the income 
criteria in any State for any subsequent certification while the 
migrant is instream during the 12-month period following the 
determination. The determination can occur either in the migrant's home 
base area before the migrant has entered the stream for a particular 
agricultural season, or in an instream area during the agricultural 
season.
* * * * *
    (i) * * *
    (3) An indication of whether the applicant was physically present 
at certification and, if not, the reason why an exception was granted 
or a copy of the document(s) in the file which explains the reason for 
the exception;
    (4) A description of the document(s) used to determine residency 
and identity or a copy of the document(s) used or the applicant's 
written statement when no documentation exists;
    (5) Information regarding income eligibility for the Program as 
specified in paragraph (d) of this section as follows:
    (i) A description of the document(s) used to determine income 
eligibility or a copy of the document(s) in the file;
    (ii) An indication that no documentation is available and the 
reason(s) why or a copy of the applicant's written statement explaining 
such circumstances; or
    (iii) An indication that the applicant has no income.
* * * * *
    (l) * * *
    (2) At certification, the State or local agency must require each 
applicant to present proof of residency (i.e., location or address 
where the applicant routinely lives or spends the night) and proof of 
identity. The State or local agency must also check the identity of 
participants, or in the case of infants or children, the identity of 
the parent or guardian, or proxies when issuing food or food 
instruments. The State agency may authorize the certification of 
applicants when no proof of residency or identity exists (such as when 
an applicant or an applicant's parent is a victim of theft, loss, or 
disaster, a homeless individual, or a migrant farmworker). In these 
cases, the State or local agency must require the applicant to confirm 
in writing his/her residency or identity.
* * * * *
    (p) Are applicants required to be physically present at 
certification? (1) In general. The State or local agency must require 
all applicants to be physically present at each WIC certification.
    (2) Exceptions. (i) Disabilities. The State or local agency must 
grant an exception to applicants who are qualified individuals with 
disabilities and are unable to be physically present at the WIC clinic 
because of their disabilities or applicants whose parents or caretakers 
are individuals with disabilities that meet this standard. Examples of 
such situations include:
    (A) A medical condition that necessitates the use of medical 
equipment that is not easily transportable;
    (B) A medical condition that requires confinement to bed rest; and
    (C) A serious illness that may be exacerbated by coming in to the 
WIC clinic.
    (ii) Receiving ongoing health care. The State agency may exempt 
from the physical presence requirement, if being physically present 
would pose an unreasonable barrier, an infant or child who was present 
at his/her initial WIC certification and has documented ongoing health 
care from a health care provider other than the WIC local agency.
    (iii) Working parents or caretakers. The State agency may exempt 
from the physical presence requirement an infant or child who was 
present at his/her initial WIC certification and was present at a WIC 
certification or recertification determination within the 1-year period 
ending on the date of the most recent certification or recertification 
determination and is under the care of one or more working parents or 
one or more primary working caretakers whose working status presents a 
barrier to bringing the infant or child in to the WIC clinic.

    Dated: January 13, 2000.
Samuel Chambers, Jr.,
Administrator, Food and Nutrition Service.
[FR Doc. 00-1489 Filed 1-20-00; 8:45 am]
BILLING CODE 3410-30-U


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