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 - Subtitle 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 that such organizations: (1) either use self-preparation facilities to prepare meals or obtain meals from a public facility or a school participating in the National School Lunch Program; and (2) provide ongoing year-round activities for children or families. Makes such organizations ineligible for such program when they are in areas where a school food authority or the local, municipal, or county government has indicated by March 1 of that year that it will operate such a program under the Summer Food Service Program for Children.

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.

Extends through FY 1993 the authorization of appropriations for the Summer Food Service Program for Children.

Directs the Secretary of Agriculture (the Secretary) and State agencies, 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 to use funds for such summer program to institute one or more demonstration projects designed to provide year-round food service to homeless children under age six in emergency shelters. Allows private nonprofit organizations to be eligible to participate in such project under specified conditions. Limits the amounts to be expended by the Secretary for such projects. Requires such projects to commence before the end of FY 1990 and terminate at the end of FY 1992.

Extends through FY 1993 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.

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 adult 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, in Iowa and Kentucky, 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 ineligibility on the extent to which additional low-income children can be reached through such change; and (2) the most effective outreach methods. Requires such demonstration projects to begin on or after May 1, 1990, and to terminate on September 30, 1992.

Extends 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.

Authorizes the Secretary to establish and maintain a Food Service Management Institute for research, training, technical assistance, and information clearinghouse activities. Authorizes appropriations for such Institute for FY 1990 through 1993.

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 for such compliance and accountability activities for FY 1990 through 1993.

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 and the Secretary of Health and Human Services to jointly develop and approve, and update as necessary, a publication on nutrition guidance for school food service programs. Directs the Secretary to distribute such publication to school food authorities and other organizations in the school lunch and school breakfast programs and ensure that meals and supplements under such programs are consistent with such guidance in that publication.

Subtitle 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 annually 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 1993 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 submit plans for expanding such programs or implement State laws requiring such expansion. Requires SEAs to give preference to schools in greatest need.

Revises provisions for State administrative expenses to require appropriate reimbursements for the State agency administering the school breakfast program (if it is other than the SEA) and for 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 1993 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.

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 provisions 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; and (5) nutrition education and breastfeeding promotion.

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 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 written 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 1993 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, evaluations, and pilot projects.

Directs the Secretary to conduct a study, and report to specified congressional committees, on WIC program access problems of low-income working or rural family members.

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, during FY 1990, 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 on to the Congress by the end of FY 1990 and 1991, 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. Authorizes appropriations in increasing amounts for FY 1989 through 1991 and subsequent fiscal years for such nutrition education and training programs.

Subtitle C: Cross-Program Provisions - Eliminates the 20 percent commodity refusal option under the NSLA.

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 - Subtitle 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 shall 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.

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 that apply directly to a State agency to participate 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, in carrying out the NSLA and CNA, to: (1) reduce, to the maximum extent possible, the paperwork required of SEAs, schools, and other agencies participating in child nutrition programs; (2) review and simplify application forms and instructions; (3) consult with State and local administrators in reducing and simplifying such paperwork; and (4) report within one year to the Congress on the extent of paperwork reduction in such programs.

Subtitle B: Paperwork Reduction Under the Child Nutrition Act of 1966 - Eliminates duplicate provisions under CNA.

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 SEAs 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 (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 nutritional education services to individuals required to be included by the agency in group nutrition educational 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 th 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 - Subtitle A: Amendments to the National School Lunch Act - Makes various technical amendments to the NSLA, including elimination of gender-specific references.

Subtitle B: Amendments to the Child Nutrition Act of 1966 - Makes various technical amendments to the CNA, including elimination of gender-specific references. Repeals specified provisions for nutrition education grants.