Union Calendar No. 354
105TH CONGRESS
2D SESSION
H. R. 3874
[Report No. 105–633]
A BILL
To amend the Child Nutrition Act of 1966 to make
improvements to the special supplemental nutri-
tion program for women, infants, and children
and to extend the authority of that program
through fiscal year 2003.
JULY 20, 1998
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 354
105TH CONGRESS
2D SESSION
H. R. 3874
[Report No. 105–633]
To amend the Child Nutrition Act of 1966 to make improvements to the
special supplemental nutrition program for women, infants, and children
and to extend the authority of that program through fiscal year 2003.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1998
Mr. CASTLE (for himself and Mr. RIGGS) introduced the following bill; which
was referred to the Committee on Education and the Workforce
JULY 20, 1998
Additional sponsor: Mr. GREENWOOD
JULY 20, 1998
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 14, 1998]
A BILL
To amend the Child Nutrition Act of 1966 to make improve-
ments to the special supplemental nutrition program for
women, infants, and children and to extend the authority
of that program through fiscal year 2003.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Child Nutrition and WIC Reauthorization Amendments of
1998’’.
(b) TABLE OF CONTENTS.—The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
TITLE I—AMENDMENTS TO THE NATIONAL SCHOOL LUNCH ACT
Sec. 101. Provision of commodities.
Sec. 102. Nutritional and other program requirements.
Sec. 103. Special assistance.
Sec. 104. Miscellaneous provisions and definitions.
Sec. 105. Summer food service program for children.
Sec. 106. Commodity distribution program.
Sec. 107. Child and adult care food program.
Sec. 108. Meal supplements for children in afterschool care.
Sec. 109. Universal free breakfast pilot projects.
Sec. 110. Training and technical assistance.
Sec. 111. Compliance and accountability.
Sec. 112. Information clearinghouse.
Sec. 113. Accommodation of the special dietary needs of individuals with disabil-
ities.
TITLE II—AMENDMENTS TO THE CHILD NUTRITION ACT OF 1966
Sec. 201. State administrative expenses.
Sec. 202. Special supplemental nutrition program for women, infants, and chil-
dren.
Sec. 203. Nutrition education and training program.
SEC. 2. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall
take effect on October 1, 1998, or the date of the enactment
of this Act, whichever occurs later.
TITLE I—AMENDMENTS TO THE
NATIONAL SCHOOL LUNCH ACT
SEC. 101. PROVISION OF COMMODITIES.
Section 6 of the National School Lunch Act (42 U.S.C.
1755) is amended—
(1) in subsection (b), by striking ‘‘authorized
under subsection (c)’’ and inserting ‘‘required under
subsections (c) and (e)’’;
(2) by striking subsections (c) and (d); and
(3) by redesignating subsections (e), (f), and (g)
as subsections (c), (d), and (e), respectively.
SEC. 102. NUTRITIONAL AND OTHER PROGRAM REQUIRE-
MENTS.
(a) STATE OR LOCAL HEALTH AND SAFETY INSPEC-
TIONS.—Section 9 of the National School Lunch Act (42
U.S.C. 1758) is amended by adding at the end the following:
‘‘(h) If the food service operations of a school partici-
pating in the school lunch program under this Act or the
school breakfast program under section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773) are not required by State
or local law to undergo health and safety inspections, then
the school shall twice during each school year obtain State
or local health and safety inspections to ensure that meals
provided under such programs are prepared and served in
a healthful and safe environment.’’.
(b) SINGLE
PERMANENT
AGREEMENTS
BETWEEN
STATE AGENCIES AND SCHOOL FOOD AUTHORITIES; COM-
MON CLAIMING PROCEDURES.—Section 9 of such Act (42
U.S.C. 1758), as amended by this Act, is further amended
by adding at the end the following:
‘‘(i)(1) If a single State agency administers the school
lunch program under this Act, the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773), the summer food service program for children
under section 13 of this Act, or the child and adult care
food program under section 17 of this Act, then such agen-
cy—
‘‘(A) shall require each school food authority to
submit a single agreement with respect to the oper-
ation of such programs by such authority; and
‘‘(B) shall require a common claiming procedure
with respect to meals and supplements served under
such programs.
‘‘(2) The agreement described in paragraph (1)(A)
shall be a permanent agreement that may be amended as
necessary.’’.
SEC. 103. SPECIAL ASSISTANCE.
Section 11(a)(3)(B) of the National School Lunch Act
(42 U.S.C. 1759a(a)(3)(B)) is amended in the third sen-
tence by striking ‘‘to the nearest one-fourth cent’’ and all
that follows through ‘‘shall be computed’’.
SEC. 104. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
(a) ADJUSTMENTS TO REIMBURSEMENT RATES FOR
CERTAIN STATES AND TERRITORIES.—Section 12(f) of the
National School Lunch Act (42 U.S.C. 1760(f)) is amend-
ed—
(1) by striking ‘‘school breakfasts and lunches’’
and inserting ‘‘breakfasts, lunches, suppers, and sup-
plements’’;
(2) by striking ‘‘sections 4 and 11’’ and inserting
‘‘sections 4, 11, 13, and 17’’; and
(3) by striking ‘‘lunches and breakfasts’’ each
place it appears and inserting ‘‘meals’’.
(b) BUY AMERICAN REQUIREMENT.—Section 12 of the
National School Lunch Act (42 U.S.C. 1760) is amended
by adding at the end the following:
‘‘(n) BUY AMERICAN REQUIREMENT.—
‘‘(1) IN GENERAL.—For purposes of providing
meals under the school lunch program under this Act
or the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773), the
Secretary shall require schools located in the contig-
uous United States to purchase, to the extent prac-
ticable, only food products that are produced in the
United States.
‘‘(2) ADDITIONAL REQUIREMENT.—The require-
ment of paragraph (1) shall also apply to recipient
agencies in Hawaii only with respect to food products
that are grown in Hawaii in sufficient quantities to
meet the needs of meals provided under the school
lunch program under this Act or the school breakfast
program under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773).
‘‘(3) DEFINITION.—As used in this subsection,
the term ‘food products that are produced in the
United States’ means—
‘‘(A) unmanufactured food products that
are grown or produced in the United States; and
‘‘(B) manufactured food products that are
manufactured in the United States substantially
from agricultural products grown or produced in
the United States.’’.
SEC. 105. SUMMER FOOD SERVICE PROGRAM FOR CHIL-
DREN.
(a) DEFINITION OF PRIVATE NONPROFIT ORGANIZA-
TIONS.—Section 13(a)(7)(B) of the National School Lunch
Act (42 U.S.C. 1761(a)(7)(B)) is amended—
(1) in clause (i), to read as follows:
‘‘(i) operate not more than 25 sites, with not
more than 300 children being served at any one site
(or, with a waiver granted by the State agency under
standards developed by the Secretary, not more than
500 children being served at any one site);’’;
(2) by striking clauses (ii) and (iii); and
(3) by redesignating clauses (iv), (v), (vi), and
(vii) as clauses (ii), (iii), (iv), and (v), respectively.
(b) OFFER VERSUS SERVE.—Section 13(f)(7) of such
Act (42 U.S.C. 1761(f)(7)) is amended in the first sentence
by striking ‘‘attending a site on school premises operated
directly by the authority’’.
(c) FOOD SERVICE MANAGEMENT COMPANIES.—
(1) CONTRACTING FOR PROVISION OF MEALS OR
MANAGEMENT OF PROGRAM.—Section 13(l)(1) of such
Act (42 U.S.C. 1761(l)(1)) is amended—
(A) in the first sentence—
(i) by striking ‘‘(other than private
nonprofit organizations eligible under sub-
section (a)(7))’’; and
(ii) by striking ‘‘only with food service
management companies registered with the
State in which they operate’’ and inserting
‘‘with food service management companies’’;
and
(B) by striking the last sentence.
(2) REGISTRATION.—Section 13(l)(2) of such Act
(42 U.S.C. 1761(l)(2)) is amended—
(A) in the first sentence of the matter pre-
ceding subparagraph (A), by striking ‘‘shall’’
and inserting ‘‘may’’; and
(B) by striking all after the first sentence.
(3) OTHER PROVISIONS.—Section 13(l) of such
Act (42 U.S.C. 1761(l)) is amended—
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively.
(d) REAUTHORIZATION OF PROGRAM.—Section 13(q)
of such Act (42 U.S.C. 1761(q)) is amended by striking
‘‘1998’’ and inserting ‘‘2003’’.
SEC. 106. COMMODITY DISTRIBUTION PROGRAM.
Section 14(a) of the National School Lunch Act (42
U.S.C. 1762a(a)) is amended in the matter preceding para-
graph (1) by striking ‘‘1998’’ and inserting ‘‘2003’’.
SEC. 107. CHILD AND ADULT CARE FOOD PROGRAM.
(a) ELIGIBILITY OF INSTITUTIONS.—Section 17(a)(1)
of the National School Lunch Act (42 U.S.C. 1766(a)(1))
is amended to read as follows:
‘‘(1) an institution (except a school or family or
group day care home sponsoring organization) or
family or group day care home—
‘‘(A)(i) shall be licensed, or otherwise have
approval, by the appropriate Federal, State, or
local licensing authority; or
‘‘(ii) shall be in compliance with appro-
priate procedures for renewing participation in
the program, as prescribed by the Secretary, un-
less the State has information indicating that
the institution or family or group day care
home’s license will not be renewed;
‘‘(B) if Federal, State, or local licensing or
approval is not available—
‘‘(i) shall meet any alternate approval
standards established by the appropriate
State or local governmental agency; or
‘‘(ii) shall meet any alternate approval
standards established by the Secretary after
consultation with the Secretary of Health
and Human Services; or
‘‘(C) if the institution provides care to
school children outside of school hours and Fed-
eral, State, or local licensing or approval is not
required for such institution, shall meet State or
local health and safety standards; and’’.
(b) CATEGORICAL ELIGIBILITY FOR EVEN START PRO-
GRAM PARTICIPANTS.—Section 17(c)(6)(B) of such Act (42
U.S.C. 1766(c)(6)(B)) is amended by striking ‘‘1997’’ and
inserting ‘‘2003’’.
(c) TAX EXEMPT STATUS OF ELIGIBLE INSTITUTIONS;
REMOVAL OF NOTIFICATION REQUIREMENT FOR INCOM-
PLETE APPLICATIONS.—Section 17(d)(1) of such Act (42
U.S.C. 1766(d)(1)) is amended—
(1) by inserting after the third sentence the fol-
lowing: ‘‘An institution moving toward compliance
with the requirement for tax exempt status shall be
allowed to participate in the program for a period of
not more than 6 months unless it can demonstrate to
the satisfaction of the State agency that its inability
to obtain tax exempt status within the 6-month pe-
riod is beyond the control of the institution in which
case the State agency may grant a single extension
not to exceed 90 days.’’; and
(2) by striking the last sentence.
(d) USE OF FUNDS FOR AUDITS OF PARTICIPATING
INSTITUTIONS.—Section 17(i) of such Act (42 U.S.C.
1766(i)) is amended by striking ‘‘2 percent’’ and inserting
‘‘1 percent’’.
(e) PERMANENT AUTHORIZATION OF DEMONSTRATION
PROJECT.—Section 17(p) of such Act (42 U.S.C. 1766(p))
is amended by striking paragraphs (4) and (5).
(f) TRANSFER OF HOMELESS PROGRAMS.—
(1) IN GENERAL.—Section 17 of such Act (42
U.S.C. 1766) is amended by adding at the end the fol-
lowing:
‘‘(q) PARTICIPATION BY EMERGENCY SHELTERS.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this subsection, an emergency shelter shall be eligi-
ble to participate in the program authorized under
this section in accordance with the terms and condi-
tions applicable to eligible institutions described in
subsection (a).
‘‘(2) LICENSING REQUIREMENTS.—The licensing
requirements contained in subsection (a)(1) shall not
apply to emergency shelters or sites operated by such
shelters under the program.
‘‘(3) ADDITIONAL REQUIREMENTS.—
‘‘(A) HEALTH AND SAFETY STANDARDS.—
An emergency shelter and each site operated by
such shelter shall comply with State or local
health and safety standards.
‘‘(B) MEAL REIMBURSEMENT.—
‘‘(i) LIMITATION.—An emergency shel-
ter may claim reimbursement—
‘‘(I) only for meals and supple-
ments served to children who have not
attained the age of 13 and who are re-
siding at an emergency shelter; and
‘‘(II) for not more than 3 meals,
or 2 meals and a supplement, per child
per day.
‘‘(ii) RATE.—A meal or supplement el-
igible for reimbursement shall be reimbursed
at the rate at which free meals and supple-
ments are reimbursed under subsection (c).
‘‘(iii) NO CHARGE.—A meal or supple-
ment claimed for reimbursement shall be
served without charge.
‘‘(4) DEFINITION OF EMERGENCY SHELTER.—As
used in this subsection, the term ‘emergency shelter’
has the meaning given such term in section 321(2) of
the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11351(2)).’’.
(2) CONFORMING
AMENDMENTS.—(A) Section
13(a)(3)(C) of such Act (42 U.S.C. 1761(a)(3)(C)) is
amended—
(i) in clause (i), by adding ‘‘or’’ at the end;
(ii) by striking clause (ii); and
(iii) by redesignating clause (iii) as clause
(ii).
(B) Section 17B of such Act (42 U.S.C. 1766b)
is hereby repealed.
(g) PARTICIPATION BY ‘‘AT RISK’’ CHILD CARE PRO-
GRAMS.—Section 17 of such Act (42 U.S.C. 1766), as
amended by this Act, is further amended by adding at the
end the following:
‘‘(r) ‘AT RISK’ CHILD CARE.—
‘‘(1) IN GENERAL.—Subject to the conditions in
this subsection, institutions that provide care to at
risk school children during after-school hours, week-
ends, or holidays during the regular school year may
participate in the program authorized under this sec-
tion. Unless otherwise specified in this subsection, all
other provisions of this section shall apply to these in-
stitutions.
‘‘(2) AT RISK SCHOOL CHILDREN.—Children ages
12 through 18 who live in a geographical area served
by a school enrolling elementary students in which at
least 50 percent of the total number of children en-
rolled are certified eligible to receive free or reduced
price school meals under this Act or the Child Nutri-
tion Act of 1966 shall be considered at risk.
‘‘(3) SUPPLEMENT REIMBURSEMENT.—
‘‘(A) 
LIMITATION.—Only 
supplements
served to at risk school children during after-
school hours, weekends, or holidays during the
regular school year may be claimed for reim-
bursement. Institutions may claim reimburse-
ment for only one supplement per child per day.
‘‘(B) RATE.—Eligible supplements shall be
reimbursed at the rate for free supplements
under subsection (c)(3).
‘‘(C) NO CHARGE.—All supplements claimed
for reimbursement shall be served without
charge.’’.
SEC. 108. MEAL SUPPLEMENTS FOR CHILDREN IN AFTER-
SCHOOL CARE.
Section 17A of the National School Lunch Act (42
U.S.C. 1766a) is amended—
(1) in subsection (a)(2)(C) to read as follows:
‘‘(C) operate afterschool programs with an
educational or enrichment purpose.’’; and
(2) in subsection (b), by striking ‘‘served to chil-
dren’’ and all that follows and inserting ‘‘served to
children who are not more than 18 years of age.’’.
SEC. 109. UNIVERSAL FREE BREAKFAST PILOT PROJECTS.
Section 18(i) of the National School Lunch Act (42
U.S.C. 1769(i)) is amended to read as follows:
‘‘(i) 
UNIVERSAL
FREE
BREAKFAST
PILOT
PROJECTS.—
‘‘(1) IN GENERAL.—
‘‘(A) GRANTS TO STATES.—(i) Subject to
the availability of advance appropriations under
paragraph (8), the Secretary shall make grants
to not more than 5 States to conduct pilot
projects in elementary schools under school food
authorities located in each such State—
‘‘(I) to reduce paperwork;
‘‘(II) to simplify meal counting re-
quirements; and
‘‘(III) to make changes that will in-
crease participation in the school breakfast
program.
‘‘(ii) The Secretary shall select States to re-
ceive grants under clause (i), and make grants to
such States, in the first fiscal year for which ap-
propriations are made to carry out this sub-
section.
‘‘(B) GRANTS TO SCHOOL FOOD AUTHORI-
TIES; DURATION OF PILOT PROJECTS.—(i)(I) A
State receiving a grant under subparagraph (A)
shall make grants to school food authorities to
carry out the pilot projects described in such sub-
paragraph.
‘‘(II) The State shall select school food au-
thorities to receive grants under clause (i), and
make grants to such authorities, in the first fis-
cal year for which the State receives amounts
under a grant.
‘‘(ii) A school food authority receiving
amounts under a grant to conduct a pilot project
described in subparagraph (A) shall conduct
such project for the 3-year period beginning in
the first fiscal year in which the authority re-
ceives amounts under a grant from the State.
‘‘(C) PARTICIPATION LIMITATION.—A school
food authority conducting a pilot project under
this paragraph shall ensure that some elemen-
tary schools under such authority do not partici-
pate in the pilot project.
‘‘(2) WAIVER AUTHORITY.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the Secretary may waive the
requirements of this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.) relating to
counting of meals, applications for eligibility,
and related requirements that would preclude the
Secretary from making a grant to conduct a
pilot project under paragraph (1).
‘‘(B) NON-WAIVABLE REQUIREMENTS.—The
Secretary may not waive a requirement under
subparagraph (A) if the waiver would prevent a
program participant, a potential recipient, or a
school from receiving all of the benefits and pro-
tections of this Act, the Child Nutrition Act of
1966, or a Federal statute or regulation that
protects an individual constitutional right or a
statutory civil right.
‘‘(3) REQUIREMENTS
FOR
PARTICIPATION
IN
PILOT.—To be eligible to participate in a pilot project
under this subsection—
‘‘(A) a State—
‘‘(i) shall submit an application to the
Secretary at such time and in such manner
as the Secretary shall establish; and
‘‘(ii) shall provide such information
relative to the operation and results of the
pilot as the Secretary may reasonably re-
quire; and
‘‘(B) a school food authority—
‘‘(i) shall agree to serve all breakfasts
at no charge to all children in participating
elementary schools;
‘‘(ii) shall not have a history of viola-
tions of this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.); and
‘‘(iii) shall meet any other requirement
that the Secretary may reasonably require.
‘‘(4) 
SELECTION
OF
PILOT
ELEMENTARY
SCHOOLS.—To the extent practicable, a State shall se-
lect school food authorities to participate in the pilot
program under this subsection in a manner that will
provide for an equitable distribution among the fol-
lowing types of elementary schools:
‘‘(A) Urban and rural elementary schools.
‘‘(B) Elementary schools of varying family
income levels.
‘‘(5) REIMBURSEMENT
RATES.—A school food
authority conducting a pilot project under this sub-
section shall receive reimbursement for each breakfast
served under the pilot in an amount equal to the rate
for free breakfasts established under section 4(b)(1)(B)
of the Child Nutrition Act of 1966 (42 U.S.C.
1773(b)(1)(B)).
‘‘(6) COMMODITY ENTITLEMENT.—A school food
authority conducting a pilot project under this sub-
section shall receive commodities in the amount of at
least 5 cents per breakfast served under the pilot. The
value of such commodities shall be deducted from the
amount of cash reimbursement described in para-
graph (5).
‘‘(7) EVALUATION OF PILOT PROJECT.—
‘‘(A) IN GENERAL.—The Secretary, acting
through the Administrator of the Food and Nu-
trition Service, shall conduct an evaluation of
the pilot projects in each of the school food au-
thorities selected for participation. Such evalua-
tion shall include—
‘‘(i) a determination of the effect of
participation in the pilot project on the
academic achievement, tardiness and at-
tendance, and dietary intake of participat-
ing children that is not attributable to
changes in educational policies and prac-
tices; and
‘‘(ii) a determination of the effect that
participation by elementary schools in the
pilot projects has on the proportion of stu-
dents who eat breakfast.
‘‘(B) REPORT.—Upon completion of the
pilot projects and the evaluation, the Secretary
shall submit to the Committee on Education and
the Workforce of the House of Representatives
and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report containing
the evaluation of the pilot required under sub-
paragraph (A).
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums as
may be necessary to carry out this subsection.’’.
SEC. 110. TRAINING AND TECHNICAL ASSISTANCE.
Section 21(e)(1) of the National School Lunch Act (42
U.S.C. 1769b–1(e)(1)) is amended by striking ‘‘1998’’ and
inserting ‘‘2003’’.
SEC. 111. COMPLIANCE AND ACCOUNTABILITY.
Section 22(d) of the National School Lunch Act (42
U.S.C. 1769c(d)) is amended by striking ‘‘1996’’ and insert-
ing ‘‘2003’’.
SEC. 112. INFORMATION CLEARINGHOUSE.
(a) AUTHORITY TO ESTABLISH AND MAINTAIN CLEAR-
INGHOUSE.—Section 26(a) of the National School Lunch
Act (42 U.S.C. 1769g(a)) is amended by striking ‘‘shall’’
and inserting ‘‘may’’.
(b) 
NONGOVERNMENTAL
ORGANIZATION.—Section
26(b) of such Act (42 U.S.C. 1769g(b)) is amended in the
matter preceding paragraph (1) by inserting after ‘‘shall
be selected on a competitive basis’’ the following: ‘‘, except
that, notwithstanding any other provision of law, the Sec-
retary may enter into a contract for the services of any or-
ganization with which the Secretary has previously entered
into a contract under this section without such organization
competing for such new contract, if such organization has
performed satisfactorily under such prior contract and oth-
erwise meets the criteria established in this subsection,’’.
(c) LIMITATION ON AMOUNT PROVIDED UNDER THE
CONTRACT.—Section 26 of such Act (42 U.S.C. 1769g) is
amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) LIMITATION ON AMOUNT PROVIDED UNDER THE
CONTRACT.—The Secretary may provide to the organiza-
tion described in subsection (b) an amount not to exceed
$150,000 in each of fiscal years 1999 through 2003.’’.
(d) FUNDING.—Section 26(e) of such Act (42 U.S.C.
1769g(e)) (as so redesignated) is amended to read as follows:
‘‘(e) FUNDING.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated $150,000 for each of the fiscal years
1999 through 2003 to carry out this section.
‘‘(2) REQUIREMENT.—No amounts may be pro-
vided for the clearinghouse under this section unless
specifically provided in appropriations Acts.’’.
SEC. 113. ACCOMMODATION OF THE SPECIAL DIETARY
NEEDS OF INDIVIDUALS WITH DISABILITIES.
Section 27 of the National School Lunch Act (42
U.S.C. 1769h) is amended to read as follows:
‘‘SEC. 27. ACCOMMODATION OF THE SPECIAL DIETARY
NEEDS OF INDIVIDUALS WITH DISABILITIES.
‘‘(a) IN GENERAL.—The Secretary may carry out ac-
tivities to help accommodate the special dietary needs of
individuals with disabilities who are participating in a
covered program. Such activities may include—
‘‘(1) developing and disseminating to State agen-
cies guidance and technical assistance materials;
‘‘(2) conducting training of State agencies and
eligible entities; and
‘‘(3) providing grants to State agencies and eli-
gible entities.
‘‘(b) DEFINITIONS.—As used in this section:
‘‘(1) INDIVIDUALS
WITH
DISABILITIES.—The
term ‘individuals with disabilities’ has the meaning
given the term ‘individual with a disability’ as de-
fined in section 7(8) of the Rehabilitation Act of 1973
(29 U.S.C. 706(8)).
‘‘(2) COVERED
PROGRAM.—The term ‘covered
program’ means—
‘‘(A) the school lunch program authorized
under this Act;
‘‘(B) the school breakfast program author-
ized under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773); and
‘‘(C) any other program authorized under
this Act or the Child Nutrition Act of 1966 (ex-
cept for section 17) that the Secretary determines
is appropriate.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a school food authority, institution, or
service institution that participates in a covered pro-
gram.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1999 through 2003 to
carry out this section.’’.
TITLE II—AMENDMENTS TO THE
CHILD NUTRITION ACT OF 1966
SEC. 201. STATE ADMINISTRATIVE EXPENSES.
(a) REALLOCATION OF AMOUNTS.—Section 7(a)(5)(B)
of the Child Nutrition Act of 1966 (42 U.S.C.
1776(a)(5)(B)) is amended—
(1) by striking ‘‘(i)’’;
(2) by striking the second sentence and all that
follows; and
(3) by adding at the end the following: ‘‘The Sec-
retary shall then allocate, for purposes of administra-
tion costs, any remaining amounts among States that
demonstrate a need for such amounts.’’.
(b) ELIMINATION OF 10 PERCENT TRANSFER LIMITA-
TION.—Section 7(a)(6) of such Act (42 U.S.C. 1776(a)(6))
is amended to read as follows:
‘‘(6) Funds available to States under this subsection
and under section 13(k)(1) of the National School Lunch
Act may be used by State agencies for the costs of adminis-
tration of the programs authorized under this Act (except
for the programs authorized under sections 17 and 21) and
the National School Lunch Act without regard to the basis
on which such funds were earned and allocated.’’.
(c) REAUTHORIZATION OF PROGRAM.—Section 7(g) of
such Act (42 U.S.C. 1776(g)) is amended by striking
‘‘1998’’ and inserting ‘‘2003’’.
SEC. 202. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM
FOR WOMEN, INFANTS, AND CHILDREN.
(a) ADDITIONAL REQUIREMENTS FOR APPLICANTS.—
(1) PHYSICAL
PRESENCE
REQUIREMENT.—Sec-
tion 17(d)(3) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(d)(3)) is amended by adding at the end
the following:
‘‘(C)(i) Except as provided in clause (ii), each appli-
cant to the program shall be physically present at each cer-
tification determination in order to determine eligibility
under the program.
‘‘(ii) A local agency may waive the requirement of
clause (i)—
‘‘(I) if required to do so by requirements under
the Americans with Disabilities Act;
‘‘(II) with respect to a child who was present at
the initial certification visit and who is receiving on-
going health care from a provider other than such
local agency, if the agency determines that the re-
quirement of clause (i) would present a barrier to
participation; or
‘‘(III) with respect to a child (aa) who was
present at the initial certification visit, (bb) who was
present at a certification determination within the 1-
year period ending on the date of the certification de-
termination described in clause (i), and (cc) who has
one or more parents who work, if the agency deter-
mines that the requirement of clause (i) would cause
a barrier to participation.’’.
(2) INCOME DOCUMENTATION REQUIREMENT.—
Section 17(d)(3) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(d)(3)), as amended by paragraph
(1), is further amended by adding at the end the fol-
lowing:
‘‘(D)(i) Except as provided in clause (ii), in order to
be eligible for the program, each applicant to the program
shall provide—
‘‘(I) documentation of household income; or
‘‘(II) documentation of participation in a pro-
gram described in clauses (ii) and (iii) of paragraph
(2)(A).
‘‘(ii)(I) A State agency may waive the requirement of
clause (i)—
‘‘(aa) with respect to an applicant for whom the
necessary documentation is not available; or