Child Nutrition and WIC Reauthorization Act of 1989

Child Nutrition and WIC Reauthorization Act of 1989 - Title I: Programs Under the National School Lunch Act and the Child Nutrition Act of 1966 - Part A: Programs Under the National School Lunch Act - Amends the National School Lunch Act (NSLA) to eliminate certain duplicate provisions.

Requires that lunches served by schools participating in the National School Lunch Program offer students fluid whole milk and fluid unflavored lowfat milk.

Makes certain private nonprofit organizations eligible to sponsor programs under the Summer Food Service Program for Children under specified conditions, including limitations on numbers of children served and on rural or urban sites. Requires a one-year waiting period from the time a public agency stops sponsoring the program in an area to the time certain private nonprofit organizations can begin such meal service to children in that area. Makes such waiting period inapplicable upon determination that the public agency would have discontinued its program participation regardless of whether a private nonprofit organization was available to sponsor the program in that area.

Allows higher education institutions that participate in the National Youth Sports Program to receive payments for meals served to children under such Program during the academic year, as well as during May through September, if the same State agency administers such program, under specified guidelines to be issued by the Secretary.

Directs the Secretary of Agriculture (the Secretary) and the States, during FY 1990 and 1991, to disseminate information to potentially eligible private nonprofit organizations concerning the amendments made by this Act regarding the eligibility of private nonprofit organizations for the Summer Food Service Program for Children.

Directs the Secretary, in addition to the normal monitoring of organizations receiving assistance under the Summer Food Service Program for Children, to establish a system under which the Secretary and the States monitor the compliance of private nonprofit organizations with requirements under such program. Requires that application forms or other printed materials provided to organizations intending to participate contain warnings about criminal penalties and termination procedures. Directs the Secretary to require and assist each State to establish and implement an ongoing training and technical assistance program for private nonprofit organizations. Authorizes the Secretary to reserve a specified portion of program funds for such purposes.

Extends through FY 1994 the authorization of appropriations for the Summer Food Service Program for Children.

Extends through FY 1994 the general authority for the Commodity Distribution Program (under which the Secretary provides commodities to participating schools for use in the school lunch program). Revises provisions relating to the computation of cash compensation to school districts under the Commodity Distribution Program.

Abolishes the National Advisory Council on Child Nutrition.

Renames the Child Care Food Program and the Adult Care Food Program as the Child and Adult Care Food Program.

Provides that eligible organizations under the Child Care Food Program must be reimbursed for expansion into low-income or rural areas. Directs the Secretary to conduct demonstration projects to test innovative approaches to remove or reduce barriers to Child Care Food Program participation by family or group day care homes operating in low-income areas or primarily serving low-income children. Directs the Secretary and State agencies to provide training and technical assistance to help family and group day care home sponsoring organizations in reaching low-income children.

Requires that meals served in adult day care programs, which are reimbursed under such day care food program, provide on the average at least one-third of the daily recommended dietary allowance. Requires such day care programs to make reasonable efforts to serve meals that meet the special dietary requirements of participants, including efforts to serve foods in forms palatable to them. Authorizes designation of a State agency other than that which administers the child care food program to administer the adult day care food program.

Directs the Secretary to carry out two statewide demonstration projects in which private for-profit organizations providing nonresidential day care services shall qualify as institutions for purposes of the Child Care Food Program, if at least 25 percent of the children served by each such organization meet the income eligibility criteria for free or reduced price meals. Requires examination of: (1) the budgetary impact of such change in eligibility on the extent to which additional low-income children can be reached through such change; and (2) the most effective outreach methods. Sets forth guidelines for choosing the two States. Requires such demonstration projects to begin between May 1, 1990, and June 30, 1990, and to terminate on September 30, 1992.

Amends the Hunger Prevention Act of 1988 to extend until September 30, 1990, a selected State (Minnesota) demonstration project to test the nutritional and participatory impact of providing an additional meal to children staying in family or group day care homes for at least eight hours.

Establishes a program of meal supplements for children in after-school care. Directs the Secretary to provide grants-in-aid and other assistance to States for such program in eligible elementary and secondary schools (which operate school lunch programs, sponsor after-school care programs, and participate in the child care food program as of May 15, 1989). Provides for reimbursement for such supplements for children who are not more than 12 years of age (or not more than 15 years of age, in the case of children of migrant workers or children with handicaps). Sets forth administrative provisions relating to payment rates, eligibility for supplements, and content of meal supplements.

Extends until September 30, 1992, certain pilot projects under which school districts receive cash payments or commodity letters of credit, instead of donated commodities, under the school lunch program, and under which compensation for certain losses is authorized. Directs the Secretary, directly or through contract, to administer such project.

Directs the Secretary to: (1) conduct demonstration projects designed to provide food service throughout the year to homeless children under age six in emergency shelters; (2) enter into agreements with private nonprofit organizations to participate in such projects; (3) establish specified types of eligibility requirements for such organizations; and (4) expend specified minimum amounts for such projects in FY 1990 through 1994. Requires at least one such project to begin by September 30, 1990, and all such projects to cease to operate by September 30, 1994.

Directs the Secretary, in carrying out NSLA and CNA, to: (1) reduce to the maximum extent possible the paperwork required of State and local educational agencies, schools, and other agencies participating in nutrition programs; (2) consult with State and local administrators, convene at least one meeting with them within ten months, and obtain suggestions from members of the public with respect to paperwork reduction; and (3) report within one year to the Congress on the extent to which such paperwork reduction has occurred.

Authorizes the Secretary to: (1) conduct training activities and provide technical assistance to improve specified skills of school food service program employees (in coordination with activities of any food service management institute established by this Act); and (2) establish and maintain a Food Service Management Institute for research, training, technical assistance, and information clearinghouse activities. Authorizes appropriations for FY 1990 through 1994 for such training and technical assistance and for such Institute.

Establishes a unified system, to be prescribed and administered by the Secretary, for ensuring that participating local food service authorities comply with school lunch program requirements. Sets forth compliance monitoring duties of the Secretary and State educational agencies under such system, including a duty to minimize imposition of additional duties on local food service authorities. Authorizes appropriations (in addition to certain CNA funds) for such compliance and accountability activities for FY 1990 through 1994.

Directs the Secretary to provide to each appropriate State agency specified information on income eligibility of children to receive free or reduced price meals and on consideration of applications where the head of the household is less than 21 years old.

Directs the Secretary to review and simplify application forms and instructions for programs under NSLA and CNA by July 1, 1990.

Directs the Secretary and the Secretary of Health and Human Services, to jointly develop and approve, and update as necessary, a publication on nutrition guidance for child nutrition programs. Directs the Secretary to: (1) distribute such publication to school food authorities and other organizations participating in programs under the NSLA and CNA; and (2) revise menu planning guides to include recommendations for implementing such guidance. Requires school food authorities and other organizations to apply such dietary guidance in preparing meals and supplements under the school lunch program and the school breakfast program.

Part B: Programs Under the Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to provide for expansion of the School Breakfast Program. Requires State educational agencies (SEAs) to: (1) provide information to school boards and public officials on the benefits and availability of the School Breakfast Program; and (2) select each year, for informational efforts concerning such program, schools which do not participate in such program and in which a substantial portion of the enrollment consists of children from low-income families.

Directs the Secretary of Agriculture (the Secretary) to report by October 1, 1993, to specified congressional committees on Federal and State efforts to increase participation of schools in the school breakfast program.

Directs the Secretary to use specified amounts from appropriations for such program in FY 1990 through 1994 to make payments on a competitive basis to SEAs in a substantial number of States for startup costs of school breakfast programs at eligible schools which have a significant percentage of enrollment of children from low-income families and which agree to operate such a program for at least three years. Gives preference to SEAs that: (1) submit plans for expanding such programs; (2) do not have a breakfast program available to a large number of low-income children; or (3) serve a low percentage of free and reduced price breakfasts compared to that of free and reduced price lunches served. Requires SEAs to give preference to schools in greatest need. Directs the Secretary to report by December 31, 1993, to specified congressional committees on Federal and State efforts to increase participation of schools in the school breakfast program.

Revises provisions for funds for State administrative expenses to limit the amount of such funds which a State may carry over for an additional year. Provides that remaining funds in excess of this carry over limit must be returned to the Secretary for use for grants to private nonprofit organizations participating in pilot projects under NSLA and, if any amounts remain, for further payments for certain State administrative costs. Requires that appropriate reimbursement go to the State agency administering commodity distribution under CNA and NSLA. Requires States to agree to participate fully in studies authorized by the Secretary in order to receive payments for State administrative expenses. Extends through FY 1994 the authorization of appropriations for such State administrative expenses payments.

Sets forth additional activities and requirements with respect to the Special Supplemental Food Program for Women, Infants, and Children (WIC).

Provides that income limits for the WIC program are met by persons who meet income limits for free or reduced price meals under the school lunch program, who receive food stamps or Aid to Families with Dependent Children (AFDC) or Medicaid, or who are members of a family in which a pregnant woman or an infant receives Medicaid.

Allows a State agency to exclude military housing allowances from income for purposes of WIC program eligibility.

Requires State agencies to provide adult participants in and applicants for the WIC program with information on food stamps, AFDC, and the child support enforcement program. Requires State agencies to provide such participants and applicants also with information on Medicaid, and to refer them to Medicaid if they are not participating in it and appear to have family income below its limits. Requires State agencies to ensure that each local agency under the WIC program maintains and makes available for distribution a list of local resources for substance abuse counseling and treatment.

Includes local breastfeeding promotion programs and alcohol and drug abuse treatment (as well as counseling) programs among those with which the WIC program is to be coordinated under the State plan.

Requires the State WIC plan to include a provision for: (1) getting benefits to eligible persons most in need; (2) reaching eligible persons not participating with program information, eligibility criteria, and application procedures; (3) reaching and enrolling eligible women in the early months of pregnancy and eligible migrants; (4) getting program benefits to unserved infants and children under care of foster parents, protective services, or child welfare authorities, including infants exposed to drugs perinatally; (5) nutrition education and breastfeeding promotion; and (6) improving program access for rural workers and residents.

Requires such State WIC plans, if the State agency chooses to provide program benefits to some or all eligible individuals who are incarcerated in prisons or juvenile detention facilities, to include a plan for providing them such benefits and meeting their special nutrition education needs.

Requires local WIC agencies operating within or in cooperation with a hospital to: (1) advise of the availability of WIC program benefits any potentially eligible individuals who receive inpatient or outpatient prenatal, maternity, or postpartum services, or accompany a child under age five receiving well-child services; and (2) provide an opportunity within the hospital for certification for WIC participation.

Requires State agencies to notify participants, giving relevant categories, before suspending or terminating WIC benefits due to a shortage of funds.

Requires State agencies for WIC to provide breastfeeding promotion materials and instruction in languages other than English.

Allows State agencies to adopt methods of delivering benefits to accommodate the special needs and problems of individuals who are incarcerated in prisons or juvenile detention facilities.

Allows State agencies to implement WIC income eligibility guidelines at the time the State implements such guidelines for Medicaid, as long as this is not later than July 1 of each year.

Requires local WIC agencies to provide information on other potential sources of food assistance in the local area to individuals who apply in person but cannot be served because the local WIC program is operating at capacity.

Requires State agencies to require local WIC agencies to: (1) attempt to contact pregnant women to reschedule missed application appointments; and (2) if such agencies do not routinely do so, schedule application or recertification appointments to minimize the time of employed individuals' absence from their workplace.

Extends through FY 1994 the authorization of appropriations for the WIC program. Sets forth provisions for availability and allocation of such funds. Increases the amount which may be reserved for studies, evaluation, and pilot projects.

Directs the Secretary, on completion of the 1990 decennial census and in coordination with the Secretary of Commerce, to make available an estimate, by State and county, of the number of women, infants, and children who are members of families with incomes below the maximum limit for WIC program participation.

Requires the Secretary to make available in each fiscal year, from WIC program funds, an amount sufficient to guarantee a national average per participant grant to be allocated for costs of WIC nutrition services and administration incurred by State and local agencies. Sets forth formulas for adjusting such amount and for determining State allotments. Provides that remaining amounts shall be made available for specified food benefits. Authorizes the Secretary to reduce a State agency's operational level for costs of nutritional services and administration if that level exceeds the grant by more than 15 percent without good cause.

Requires State agencies to expend a specified portion of WIC funds for nutrition education and breastfeeding promotion and support.

Allows State agencies, under specified conditions, to convert allocations for food benefits to costs of nutrition services and administration.

Sets forth provisions relating to WIC program cost containment systems. Requires States to use either competitive bidding, or an equally or more effective system of cost containment, for the procurement of infant formula. Requires the Secretary to inform specified congressional committees of waivers from such requirement.

Directs the Secretary to provide technical assistance in achieving cost containment to: (1) small Indian and State agencies; and (2) upon request, State agencies that do not have large caseloads and that desire to consider a cost containment system that covers more than one State agency. Authorizes the Secretary to waive the competitive bidding or cost containment system requirement for any Indian or State agency with 1,000 or fewer participants.

Authorizes the Secretary to establish a demonstration program of WIC clinics at community colleges that offer nursing education programs. Directs the Secretary to evaluate such demonstration programs and report to the Congress. Authorizes appropriations for FY 1990 through 1992 for such demonstration program.

Authorizes the Secretary to make grants based on need to State agencies to improve and update information and data systems used to carry out WIC programs. Authorizes appropriations for FY 1990 through 1994 for such grants.

Directs the Secretary, during FY 1990 and 1991, to review, and report to specified congressional committees on, the relationship between specified nutritional risk criteria and the priority system used under the WIC program.

Directs the Secretary to review, and report to the Congress by the end of June 1991 and 1992, the appropriateness of foods eligible for purchase under the WIC program.

Directs the Secretary to review, and report on to the appropriate congressional committees within one year, the effect on costs for nutrition services and administration incurred by State and local agencies of specified amendments made by this Act (including increases and decreases in imposed requirements).

Prohibits the Secretary, in implementing specified amendments to the WIC program under this Act, from imposing any new requirement on a State or local agency to place additional paperwork in, or otherwise additionally document, any case file maintained by it.

Revises CNA provisions for nutrition education and training. Includes institutions offering summer food service programs under the NSLA under provisions for nutrition education activities. Provides that personnel training shall be consistent with information and materials provided by a food service management institute.

Increases and extends through FY 1994 the authorization of appropriations for such nutrition education and training programs under the CNA. Requires, subject to minimum State grant requirements, that the amount of a State grant be based on a rate of 50 cents for each child enrolled in schools or institutions within such State, and that such amount be ratably reduced or increased depending on the amount appropriated. Sets forth increased minimum State grant requirements based on the amount appropriated.

Directs the Secretary to assess nutrition and education programs under the CNA to determine what nutrition education needs are for children participating under the NSLA in the school lunch, summer food service, and child care food programs. Requires completion of such assessment by October 1, 1990.

Part C: Cross-Program Provisions - Revises provisions for determination of total commodity assistance for the school lunch and child care food programs under the NSLA. Requires the Secretary of Agriculture (the Secretary) to estimate the total number of commodities to be delivered to each school or child care institution in the current year. Requires adjustments for differences between such prior year and current year numbers of meals served in subsequent estimations.

Title II: Paperwork Reduction Amendments - Part A: Reduction of Paperwork Under the National School Lunch Act - Requires that State-local agreements for carrying out the School Lunch Program under the NSLA be permanent agreements that may be amended as necessary, but does not limit an SEA's ability to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary of Agriculture (the Secretary).

Authorizes the Secretary, State, or local food authority to verify data in the application. Authorizes any school food authority to certify any child for free or reduced price lunches, without further application, by directly communicating with the appropriate State or local agency to obtain documentation of the child's membership in a household receiving food stamps or a family receiving AFDC.

Provides that the member of the household who executes the application for the school lunch program must furnish only the social security account number of the parent or guardian who is the primary wage earner responsible for the care of the child for whom the application is made, or that of another appropriate member of the child's household; but requires that social security numbers for all adult household members be furnished if verification is sought.

Authorizes the Secretary, when appropriate, to request each school food authority in the school lunch program to report monthly to the SEA.

Directs the Secretary to permit institutions participating in the child care food program, at the option of the State agency, to reapply for such assistance at two-year intervals.

Directs the Secretary to carry out pilot projects in which schools with high percentages of low-income children have the option of using alternative methods of daily meal counting. Authorizes the Secretary to conduct other pilot projects to test alternative counting and claiming procedures. Requires evaluation after three years of operation.

Directs the Secretary to report to the Congress within one year on the extent to which paperwork reduction has occurred under the NSLA.

Part B: Reduction of Paperwork Under the Child Nutrition Act of 1966 - Requires SEAs to disburse funds paid to the State under the Special Milk Program to schools in accordance with agreements approved by the Secretary. Requires that such agreements be permanent (amendable as necessary) but does not limit the SEA's ability to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary of Agriculture (the Secretary).

Requires that State-local agreements for carrying out the School Breakfast Program be permanent agreements (amendable as necessary), but does not limit an SEA's ability to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary.

Allows local agencies under the WIC program to use a master file to document and monitor provision of nutrition education services to individuals required to be included by the agency in group nutrition education classes.

Authorizes State agencies under the WIC program to provide for delivery of vouchers to any participant not scheduled for nutrition education counseling or recertification interview through means, such as mailing, that do not require a participant to travel to the local agency. Requires State plans to describe mail issuance of vouchers. Prohibits disapproval of the mail issuance of vouchers in specified jurisdictions unless the Secretary finds that it would pose a significant threat to program integrity. Requires each State agency to conduct monitoring reviews of each local agency at least biennially under the WIC program.

Requires plans for nutrition education and training to be updated annually.

Title III: Technical Amendments - Part A: Amendments to the National School Lunch Act - Makes various technical amendments to the NSLA, including elimination of gender-specific references.

Part B: Amendments to the Child Nutrition Act of 1966 - Makes various technical amendments to the CNA, including elimination of gender-specific references.