William F. Goodling Child Nutrition Reauthorization Act of 1998
PL 105-336 (H.R.3874), enacted 10/31/1998

PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3143 
Public Law 105-336 
105th Congress 
An Act 
To amend the National School Lunch Act and the Child Nutrition Act of 1966 
to provide children with increased access to food and nutrition assistance, to 
Oct. 31, 1998 
simplify program operations and improve program management, to extend certain 
[H R 38741 
authorities contained in those Acts through fiscal year 2003, and for other pur-
poses. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
William F. 
Goodling Child 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Nutrition 
(a) SHORT TITLE.—This Act may be cited as the "WiUiam F. A^fonggf*''"' 
GoodUng Child Nutrition Reauthorization Act of 1998". 
42 USC1751 
(b) TABLE OF CONTENTS.—The table of contents of this Act note, 
is as follows: 
Sec. 1. Short title; table of contents. 
T I T L E I — S C H O O L L U N C H AND RELATED PROGRAMS 
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. Pilot projects. 
Sec. 110. Training, technical assistance, and food service management institute. 
Sec. 111. Compliance and accountability. 
Sec. 112. Information clearinghouse. 
Sec. 113. Accommodation of the special dietary needs of individuals with disabil-
ities. 
TITLE II-SCHOOL BREAKFAST AND RELATED PROGRAMS 
Sec. 201. School breakfast program authorization. 
Sec. 202. State administrative expenses. 
Sec. 203. Special supplemental nutrition program for women, infants, and children. 
Sec. 204. Nutrition education and training. 
TITLE III—COMMODITY DISTRIBUTION PROGRAMS 
Sec. 301. Information from recipient agencies. 
Sec. 302. Food distribution. 
TITLE IV—EFFECTIVE DATE 
Sec. 401. Effective date. 
59-194 O - 98 - 13 : QL 3 Part 5 
112 STAT. 3144 
PUBLIC LAW 105-336—OCT. 31, 1998 
TITLE I—SCHOOL LUNCH AND RELATED 
PROGRAMS 
SEC. 101. PROVISION OF COMMODITIES. 
(a) IN GENERAL.—Section 6 of the National School Lunch Act 
(42 U.S.C. 1755) is amended— 
(1) by striking subsections (c) and (d); and 
(2) by redesignating subsections (e), (f), and (g) as sub-
sections (c), (d), and (e), respectively. 
(b) CONFORMING AMENDMENTS.—The National School Lunch 
Act is amended by striking "section 6(e)" each place it appears 
in sections 14(f), 16(a), and 17(h)(1)(B) (42 U.S.C. 1762a(f), 1765(a), 
1766(h)(1)(B)) and inserting "section 6(c)". 
SEC. 102. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS. 
(a) TECHNICAL AMENDMENTS.—Section 9(f) of the National 
School Lunch Act (42 U.S.C. 1758(f)) is amended— 
(1) in paragraph (2), by striking "subparagraph (A)" and 
inserting "paragraph (1)"; 8ind 
(2) in paragraphs (3) and (4), by striking "this paragraph" 
each place it appears and inserting "this subsection". 
(b) WAIVER OF REQUIREMENT FOR WEIGHTED AVERAGES FOR 
NUTRIENT ANALYSIS.—Section 9(f) of the National School Lunch 
Act (42 U.S.C. 1758(f)) is amended by adding at the end the 
following: 
"(5) 
WAIVER OF REQUIREMENT FOR WEIGHTED AVERAGES 
FOR NUTRIENT ANALYSIS.—During the period ending on Septem-
ber 30, 2003, the Secretary shall not require the use of weighted 
averages for nutrient analysis of menu items and foods offered 
or served as part of a meal offered or served 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).". 
(c) REQUIREMENT FOR FOOD SAFETY INSPECTIONS.—Section 9 
of the National School Lunch Act (42 U.S.C. 1758) is amended 
by adding at the end the following: 
"(h) FOOD SAFETY INSPECTIONS.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
a school participating in 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) shall, at least 
once during each school year, obtain a food safety inspection 
conducted by a State or local governmental agency responsible 
for food safety inspections. 
"(2) EXCEPTION.—Paragraph (1) shall not apply to a school 
if a food safety inspection of the school is required by a State 
or local governmental agency responsible for food safety inspec-
tions.". 
(d) SINGLE PERMANENT AGREEMENT BETWEEN STATE AGENCY 
AND SCHOOL FOOD AUTHORITY; COMMON CLAIMS FORM.—Section 
9 of the National School Lunch Act (42 U.S.C. 1758), as amended 
by subsection (c), is further amended by adding at the end the 
following: 
"(i) SINGLE PERMANENT AGREEMENT BETWEEN STATE AGENCY 
AND SCHOOL FOOD AUTHORITY; COMMON CLAIMS FORM.— 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3145 
"(1) IN GENERAL.—If a single State agency administers 
any combination of 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, 
the agency shall— 
"(A) require each school food authority to submit to 
the State agency a single agreement with respect to the 
operation by the authority of the programs administered 
by the State agency; and 
"(B) use a common claims form with respect to meals 
and supplements served under the programs administered 
by the State agency. 
"(2) ADDITIONAL REQUIREMENT.—The agreement described 
in paragraph (1)(A) shall be a permanent agreement that may 
be amended as necessary.". 
SEC. 103. SPECIAL ASSISTANCE. 
(a) 
SCHOOL 
ELIGIBILITY REQUIREMENTS FOR PAYMENTS.— 
Section 11(a)(1) of the National School Lunch Act (42 U.S.C. 
1759a(a)(l)) is amended— 
(1) in subparagraph (C)— 
(A) in clause (i)(I), by striking "3 successive school 
years" each place it appears and inserting "4 successive 
school years"; and 
(B) in clauses (ii) and (iii), by striking "3-school-year 
period" each place it appears and inserting "4-school-year 
period"; 
(2) in subparagraph (D)— 
(A) in clause (i)— 
(i) by striking "3-school-year period" each place 
it appears and inserting "4-school-year period"; and 
(ii) by striking "2 school years" and inserting "4 
school years"; 
(B) in clause (ii)— 
(i) by striking the first sentence; 
(ii) by striking "The school" and inserting "A school 
described in clause (i)"; and 
(iii) by striking "5-school-year period" each place 
it appears and inserting "4-school-year period"; and 
(C) in clause (iii), by striking "5-school-year period" 
and inserting "4-school-year period"; and 
(3) in subparagraph (E), by striking clause (iii). 
(b) ADJUSTMENTS TO PAYMENT RATES.— 
(1) IN GENERAL.—Section 11(a)(3)(B) of the National School 
Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended— 
(A) by striking "(B) The annual" and inserting the 
following: 
"(B) COMPUTATION OF ADJUSTMENT.— 
"(i) IN GENERAL.—The annual"; 
(B) by striking "Each annual" and inserting the 
following: 
"(ii) BASIS.—Each annual"; 
(C) by striking "The adjustments" and inserting the 
following: 
"(iii) ROUNDING.— 
V 
112 STAT. 3146 
PUBLIC LAW 105-336—OCT. 31, 1998 
Grants. 
Deadline. 
"(I) THROUGH JUNE 3O, 1999.—For the period 
ending June 30, 1999, the adjustments"; and 
(D) by adding at the end the following: 
"(11) JULY 1, 1999, AND THEREAFTER.—On July 
1, 1999, and on each subsequent July 1, the 
national average payment rates for meals and 
supplements shall be adjusted to the nearest lower 
cent increment 
and shall be based 
on 
the 
unrounded amounts for the preceding 12-month 
period.". 
(2) CONFORMING AMENDMENTS.—Section 4(b) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773(b)) is amended— 
(A) in the second sentence of paragraph (1)(B), by 
striking "adjusted to the nearest one-fourth cent,"; and 
(B) in paragraph (2)(B)(ii), by striking ", which shall 
be adjusted" and all that follows and inserting "(as adjusted 
pursuant to section 11(a)(3)(B) of the National School 
Lunch Act (42 U.S.C 1759a(a)(3)(B))).". 
(c) INFORMATION AND ASSISTANCE CONCERNING REIMBURSE-
MENT OPTIONS.— 
(1) IN GENERAL.—Section 11 of the National School Lunch 
Act (42 U.S.C. 1759a) is amended by adding at the end the 
following: 
"(f) 
INFORMATION AND ASSISTANCE CONCERNING REIMBURSE-
MENT OPTIONS.— 
"(1) IN GENERAL.—From funds made available under para-
graph (3), the Secretary shall provide grants to not more them 
10 State agencies in each of fiscal years 2000 and 2001 to 
enable the agencies, in accordance with criteria established 
by the Secretary, to— 
"(A) identify separately in a list— 
"(i) schools that are most likely to benefit from 
electing to receive special assistance under subpara-
graph (C) or (E) of subsection (a)(1); and 
"(ii) schools that may benefit from electing to 
receive special assistance under subparagraph (C) or 
(E) of subsection (a)(1); 
"(B) make the list of schools identified under this sub-
section available to each school district within the State 
and to the public; 
"(C) provide technical assistance to schools, or school 
districts containing the schools, to enable the schools to 
evaluate and receive special assistance under subparagraph 
(C) or (E) of subsection (a)(1); 
"(D) take any other actions the Secretary determines 
are consistent with receiving special assistance under 
subparagraph (C) or (E) of subsection (a)(1) and receiving 
a grant under this subsection; and 
"(E) as soon as practicable after receipt of the grant, 
but not later than September 30, 2001, take the actions 
described in subparagraphs (A) through (D). 
"(2) REPORT.— 
"(A) IN GENERAL.—Not later than January 1, 2002, 
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 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3147 
the Senate a report on the activities of the State agencies 
receiving grants under this subsection. 
"(B) CONTENTS.—In the report, the Secretary shall 
specify— 
"(i) the number of schools identified as likely to 
benefit from electing to receive special assistance under 
subpgiragraph (C) or (E) of subsection (a)(1); 
"(ii) the nxmaber of schools identified under this 
subsection that have elected to receive special assist-
ance under subparagraph (C) or (E) of subsection (a)(1); 
and 
"(iii) a description of how the funds and technical 
assistance made available under this subsection have 
been used. 
"(3) FUNDING.—Out of any moneys in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall 
provide to the Secretary $2,250,000 for each of fiscal years 
2000 and 2001 to carry out this subsection. The Secretary 
shall be entitled to receive the funds and shall accept the 
funds, without further appropriation.". 
(2) TECHNICAL AMENDMENTS.—The National School Lunch 
Act is amended in the second sentence of each of sections 
21(e)(2)(A) and 26(d) (42 U.S.C. 1769b-l(e)(2)(A), 1769g(d)) by 
inserting at the end before the period ", without further appro-
priation". 
SEC. 104. MISCELLANEOUS PROVISIONS AND DEFINITIONS. 
(a) ADJUSTMENTS TO REIMBURSEMENT RATES.—Section 
12(f) 
of the National School Lunch Act (42 U.S.C. 1760(f)) is amended— 
(1) by striking "school breakfasts and lunches" and 
inserting "breakfasts, lunches, suppers, and supplements"; 
(2) by striking "sections 4 and 11" and inserting "section^ 
4, 11, 13, and 17"; and 
(3) by striking "lunches and breakfasts" each place it 
appears and inserting "meals and supplements". 
(b) CRIMINAL PENALTIES.—Section 12(g) of the National School 
Lunch Act (42 U.S.C. 1760(g)) is amended by striking "$10,000" 
and inserting "$25,000". 
(c) FOOD AND NUTRITION PROJECTS.—Section 12(m) 
of 
the 
National School Lunch Act (42 U.S.C. 1760(m)) is amended by 
striking "1998" each place it appears and inserting "2003". 
(d) BUY AMERICAN.—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.— 
"(1) DEFINITION OF DOMESTIC COMMODITY OR PRODUCT.— 
In this subsection, the term 'domestic commodity or product' 
means— 
"(A) an agricultural commodity that is produced in 
the United States; and 
"(B) a food product that is processed in the United 
States substantially using agricultural commodities thatN 
are produced in the United States. 
1 
"(2) REQUIREMENT.— 
"(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary shall require that a school food authority pur-
chase, to the maximum extent practicable, domestic 
commodities or products. 
112 STAT. 3148 
PUBLIC LAW 105-336—OCT. 31, 1998 
ApplicabUity. 
"(B) LIMITATIONS.—Subparagraph (A) shall 
apply 
only to— 
"(i) a 
school food 
authority located 
in 
the 
contiguous United States; and 
"(ii) a purchase of a domestic commodity or product 
for 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) APPLICABILITY TO HAWAII.—Paragraph (2)(A) shall 
apply to a school food authority in Hawaii with respect to 
domestic commodities or products that are produced 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).". 
(e) PROCUREMENT CONTRACTS.—Section 12 of the National 
School Lunch Act (42 U.S.C. 1760), as amended by subsection 
(d), is further amended by adding at the end the following: 
"(o) PROCUREMENT (CONTRACTS.—In acquiring a good or service 
for programs under this Act or the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 
U.S.C. 1786)), a State, State agency, school, or school food authority 
may enter into a contract with a person that has provided specifica-
tion information to the State, State agency, school, or school food 
authority for use in developing contract specifications for acquiring 
such good or service.". 
SEC. 105. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. 
(a) ESTABLISHMENT OF SITE LIMITATION.—Section 13(a)(7)(B) 
of the National School Lunch Act (42 U.S.C. 1761(a)(7)(B)) is 
amended by striking clause (i) and inserting the following: 
"(i) operate— 
"(I) not more than 25 sites, with not more than 300 
children being served at £iny one site; or 
"(II) with a waiver granted by the State agency imder 
standards developed by the Secretary, with not more than 
500 children being served at any one site;". 
(b) ELIMINATION OF MEAL CONTRACTING RESTRICTIONS, INDICA-
TION OF 
INTEREST 
REQUIREMENT, AND VENDOR 
REGISTRATION 
REQUIREMENTS.—Section 13 of the National School Lunch Act (42 
U.S.C. 1761) is amended— 
(1) in subsection (a)(7)(B)— 
(A) by striking clauses (ii) and (iii); and 
(B) by redesignating clauses (iv) through (vii) as clauses 
(ii) through (v) respectively; and 
(2) in subsection (1)— 
(A) in paragraph (1)— 
(i) in the first sentence— 
(I) by striking "(other than private nonprofit 
organizations eligible under subsection (a)(7))"; £ind 
(II) by striking "only with food service manage-
ment companies registered with the State in which 
they operate" and inserting "with food service 
management companies"; £ind 
(ii) by striking the last sentence; 
(B) in paragraph (2)— 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3149 
(i) in the first sentence, by striking "shall" and 
inserting "may"; and 
(ii) by striking the second and third sentences; 
(C) by striking paragraph (3); and 
(D) by redesignating paragraphs (4) and (5) as para-
graphs (3) and (4), respectively. 
(c) OFFER VERSUS SERVE.—Section 13(f)(7) of the National 
School Lunch 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". 
(d) 
REAUTHORIZATION OF PROGRAM.—Section 13(q) of the 
National School Lunch Act (42 U.S.C. 1761(q)) is amended by strik-
ing "1998" and inserting "2003". 
(e) TECHNICAL AMENDMENT.— 
(1) IN GENERAL.—Section 706(j)(l) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996 (Public 
Law 104-193; 110 Stat. 2293) is amended by striking "methods 
42 USC 1761. 
of assessing" and inserting "methods for assessing". 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
42 use I76i 
(1) takes effect on January 1, 1997. 
note. 
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 paragraph (1) by 
striking "1998" and inserting "2003". 
SEC. 
1
0
7
. 
CHILD 
AND 
ADULT 
CARE 
FOOD 
PROGRAM 
(a) ELIGIBILITY OP INSTITUTIONS.—Section 17(a) of the National 
School Lunch Act (42 U.S.C. 1766(a)) is amended— 
(1) in the fourth sentence, by striking "Reimbursement" 
and inserting "Except as provided in subsection (r), reimburse-
ment"; and 
(2) in the sixth sentence, by striking paragraph (1) and 
inserting the following: 
"(1) an institution (except a school or family or group 
day care home sponsoring organization) or family or group 
day care home shall— 
"(A)(i) be licensed, or otherwise have approval, by the 
appropriate Federal, State, or local licensing authority; or 
"(ii) be in compliance with appropriate procedures for 
renewing participation in the program, as prescribed by 
the Secretary, and not be the subject of information pos-
sessed by the State indicating that the license of the institu-
tion or home will not be renewed; 
"(B) if Federal, State, or local licensing or approval 
is not available— 
"(i) meet any alternate approval standards estab-
lished by the appropriate State or local governmental 
agency; or 
"(ii) meet any alternate approval standards estab-
lished 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 Federal, State, or local licensing 
or approval is not required for the institution, meet State 
or local health and safety standards; and". 
112 STAT. 3150 
PUBLIC LAW 105-336—OCT. 31, 1998 
(b) AUTOMATIC ELioroiLiTY FOR EVEN START PROGRAM PARTICI-
PANTS.^Section 17(c)(6) of the National School Lunch Act (42 U.S.C. 
1766(c)(6)) is amended— 
(1) in subparagraph (A), by striking "(A)"; and 
(2) by striking subparagraph (B). 
(c) PERIODIC SITE VISITS.—-Section 17(d) of the National School 
Lunch Act (42 U.S.C. 1766(d)) is amended— 
(1) in the second sentence of paragraph (1), by inserting 
after "if it" the following: "has been visited by a State agency 
prior to approval and it"; and 
(2) in paragraph (2)(A)— 
(A) by striking "that allows" and inserting "that— 
"(i) allows"; 
(B) by striking the period at the end and inserting 
"; and"; and 
(C) by adding at the end the following: 
"(ii) requires periodic site visits to private institutions that 
the State agency determines have a hign probabiUty of program 
abuse.". 
(d) 
TAX EXEMPT STATUS AND REMOVAL OF NOTIFICATION 
REQUIREMENT FOR INCOMPLETE APPLICATIONS.—Section 17(d)(1) of 
the National School Lunch Act (42 U.S.C. 1766(d)(1)) is amended— 
(1) by inserting after the third sentence the following: 
"An institution moving toward compliance with the requirement 
for tax exempt status shall be allowed to participate in the 
child and adult care food program for a period of not more 
than 180 days, except that a State agency may grguit a single 
extension of not to exceed an additional 90 days if the institu-
tion demonstrates, to the satisfaction of the State agency, that 
the inabiUty of the institution to obtain tax exempt status 
within the 180-day period is due to circumstances beyond the 
• 
control of the institution."; and 
(2) by striking the last sentence. 
(e) USE OF FUNDS FOR AUDITS.—Section 17(i) of the National 
School Lunch Act (42 U.S.C. 1766(i)) is amended by striking "2 
percent" and inserting "1.5 percent (except, in the case of each 
of fiscal years 2005 through 2007,1 percent)". 
(f) PERMANENT AUTHORIZATION OF DEMONSTRATION PROJECT.— 
Section 17(p) of the National School Lunch Act (42 U.S.C. 1766(p)) 
is amended by striking paragraphs (4) and (5). 
(g) MANAGEMENT SUPPORT.—Section 17 of the National School 
Lunch Act (42 U.S.C. 1766) is amended by adding at the end 
the following: 
"(q) MANAGEMENT SUPPORT.— 
"(1) TECHNICAL AND TRAINING ASSISTANCE.—In addition to 
the training and technical assistance that is provided to State 
agencies under other provisions of this Act and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary shall 
provide training and technical assistance in order to assist 
the State agencies in improving their program management 
and oversight under this section, 
"(2) FUNDING.—For each of fiscal years 1999 through 2003, 
the Secretaiy shall reserve to carry out paragraph (1) 
$1,000,000 of the amounts made available to carry out this 
section.". 
(h) PARTICIPATION BY AT-RISK CHILD CARE PROGRAMS.—Section 
17 of the National School Lunch Act (42 U.S.C. 1766), as amended 
PUBLIC LAW 105-33&—OCT. 31, 1998 
112 STAT. 3151 
by subsection (g), is further amended by adding at the end the 
following: 
"(r) PROGRAM FOR AT-RISK SCHOOL CHDLDREN.— 
"(1) DEFINITION OF AT-RISK SCHOOL CHILD.—In this sub-
section, the term 'at-risk school child' means a school child 
who— 
"(A) is not more than 18 years of age, except that 
the age limitation provided by this subparagraph shall 
not apply to a child described in section 12(d)(1)(A); and 
"(B) participates in a program authorized under this 
section operated at a site located in a geographical area 
served by a school in which at least 50 percent of the 
children enrolled are certified as eligible to receive free 
or reduced price school meals under this Act or the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). 
"(2) PARTICIPATION IN CHILD AND ADULT CARE FOOD PRO-
GRAM.—^An institution may participate in the program author-
ized under this section only if the institution provides supple-
ments under a program— 
"(A) organized primarily to provide care to at-risk 
school children during after-school hours, weekends, or holi-
days during the regular school year; and 
"(B) with an educational or enrichment purpose. 
"(3) ADMINISTRATION.—Except as otherwise provided in this 
subsection, the other provisions of this section apply to an 
institution described in paragraph (2). 
"(4) SUPPLEMENT REIMBURSEMENT.— 
"(A) 
LIMITATIONS.—^An 
institution 
may 
claim 
reimbursement under this subsection only for— 
"(i) a supplement served under a program orga-
nized primarily to provide care to at-risk school chil-
dren during after-school hours, weekends, or holidays 
during the regular school year; and 
"(ii) one supplement per child per day. 
"(B) RATE.—^A supplement shall be reimbursed under 
this subsection at the rate established for a fi-ee supplement 
under subsection (c)(3). 
"(C) 
No 
CHARGE.—^A 
supplement 
claimed 
for 
reimbursement under this subsection shall be served with-
out charge.". 
(i) WIC INFORMATION.—Section 17 of the National School Lunch 
Act (42 U.S.C. 1766), as amended by subsection (h), is further 
amended by adding at the end the following: 
"(s) 
INFORMATION CONCERNING THE SPECIAL SUPPLEMENTAL 
NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.— 
"(1) IN GENERAL.—The Secretary shall provide each State 
agency administering a child and adult care food program under 
this section with information concerning the special supple-
mental nutrition program for women, infants, and children 
authorized under section 17 of the Child Nutrition Act of 1966 
(42 U.S.C. 1786). 
"(2) REQUIREMENTS FOR STATE AGENCIES.—Each State 
agency shall ensure that each participating family and group 
day care home and child care center (other than an institution 
providing care to school children outside school hours)— 
"(A) receives materials that include— 
112 STAT. 3152 
PUBLIC LAW 105-336—OCT. 31, 1998 
"(i) a basic explanation of the importance and bene-
fits of the special supplemental nutrition program for 
women, infants, and children; 
"(ii) the maximum State income eligibility stand-
ards, according to family size, for the program; and 
"(iii) information concerning how benefits under 
the program may be obtained; 
"(B) receives periodic updates of the 
information 
described in subparagraph (A); and 
"(C) provides the information described in subpara-
graph (A) to parents of enrolled children at enrollment.". 
(j) TRANSFER OP HOMELESS PROGRAMS.— 
(1) IN GENERAL.—Section 17 of the National School Lunch 
Act (42 U.S.C. 1766), as amended by subsection (i), is further 
amended by adding at the end the following: 
"(t) PARTICIPATION BY EMERGENCY SHELTERS.— 
"(1) DEFINITION OP EMERGENCY SHELTER.—In this sub-
section, the term 'emergency shelter' means— 
"(A) an emergency shelter (as defined in section 321 
of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11351)); or 
"(B) a site operated by the shelter. 
"(2) ADMINISTRATION.—Except as otherwise provided in this 
subsection, £in emergency shelter shall be eligible to participate 
in the program authorized under this section in accordance 
with the terms and conditions applicable to eligible institutions 
described in subsection (a). 
"(3) LICENSING REQUIREMENTS.—The Hcensing require-
ments contained in subsection (a)(1) shall not apply to an 
emergency shelter. 
"(4) 
HEALTH AND SAFETY STANDARDS.-—To be eUgible to 
participate in the program authorized under this section, an 
emergency shelter shall comply with applicable State or local 
health and safety standards. 
"(5) MEAL OR SUPPLEMENT REIMBURSEMENT.— 
"(A) LIMITATIONS.—An emergency shelter may claim 
reimbursement under this subsection— 
"(i) only for a meal or supplement served to 
children residing at an emergency shelter, if the chil-
dren are— 
"(I) not more than 12 years of age; 
"(II) children of migrant workers, if the chil-
dren are not more than 15 years of age; or 
"(III) children with disabilities; and 
"(ii) for not more than 3 meals, or 2 meals and 
a supplement, per child per day. 
"(B) 
RATE.—^A meal 
or supplement 
eligible 
for 
reimbursement shall be reimbursed at the rate at which 
free meals and supplements are reimbursed under sub-
section (c). 
"(C) No CHARGE.—^A meal or supplement claimed for 
reimbursement shall be served without charge.". 
(2) CONFORMING AMENDMENTS.— 
(A) Section 13(a)(3)(C) of the National School Lunch 
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 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3153 
(iii) by redesignating clause (iii) as clause (ii). 
(B) Section 17(a) of the National School Lunch Act 
(42 U.S.C. 1766(a)) is amended in the third sentence— 
(i) by striking "and public" and inserting "public"; 
and 
(ii) by inserting before the period at the end the 
following: ", and emergency shelters (as provided in 
subsection (t))". 
(C)(i) Section 17B of the National School Lunch Act 
(42 U.S.C. 1766b) is repealed. 
(ii) Section 25(b)(1) of the National School Lunch Act 
(42 U.S.C. 1769f(b)(l) is amended— 
(I) by striking subparagraph (D); and 
(II) by redesignating subparagraphs (E) through 
(G) as subparagraphs (D) througn (F), respectively. 
(3) TECHNICAL AMENDMENTS.— 
(A) Section 12(d) of the National School Lunch Act 
(42 U.S.C. 1760(d)) is amended— 
(i) in paragraph (1)(A), by striking "mental or phys-
ical" each place it appears; and 
(ii) by adding at the end the following: 
"(8) DISABILITY.—The term 'disability' has the meaning 
given the term in the Rehabilitation Act of 1973 for purposes 
of title II of that Act (29 U.S.C 760 et seq.).". 
(B) Section 13(a)(1) of the National School Lunch Act 
(42 U.S.C. 1761(a)(1)) is amended in subparagraph (D) 
of the second sentence— 
(i) in clause (i), by striking "to be mentally or 
physically handicapped" and inserting "to have a 
disability"; and 
(ii) in clause (ii), by striking "the mentally or phys-
ically handicapped" and inserting "individuals who 
have a disability". 
(C) Section 17(a) of the National School Lunch Act 
(42 U.S.C. 1766(a)) is amended by striking "handicaps" 
each place it appears and inserting "disabilities". 
(D) Section 15 of the Child Nutrition Act of 1966 (42 
U.S.C. 1784) is amended— 
(i) in paragraph (6), by striking "mental or physical 
handicaps" each place it appears and inserting "disabil-
ities"; and 
(ii) by adding at the end the following: 
"(7) DISABILITY.—The term 'disability' has the meaning 
given the term in the Rehabilitation Act of 1973 for purposes 
of title II of that Act (29 U.S.C 760 et seq.).". 
(4) EFFECTIVE DATE.—The amendments made by para- 42USC1761 
graphs (1) and (2) take effect on July 1, 1999. 
°ote. 
SEC. 108. MEAL SUPPLEMENTS FOR CHILDREN IN AFTERSCHOOL 
CARE. 
(a) GENERAL AUTHORITY.—Section 17A(a) of the National School 
Lunch Act (42 U.S.C. 1766a(a)) is amended— 
(1) in paragraph (1), by striking "supplements to" and 
inserting "supplements under a progrsim organized primarily 
to provide care for"; and 
(2) in paragraph (2), by striking subparagraph (C) and 
inserting the following: 
112 STAT. 3154 
PUBLIC LAW 105-336—OCT. 31, 1998 
"(C) operate afterschool programs with an educational 
or enrichment purpose.". 
(b) ELIGIBLE CHILDREN.—Section 17A(b) of the National School 
Lunch Act (42 U.S.C. 1766a(b)) is amended by striking "served 
to children" and all that follows and inserting "served to school 
children who are not more than 18 years of age, except that the 
age limitation provided by this subsection shall not apply to a 
child described in section 12(d)(1)(A).". 
(c) REIMBURSEMENT.—Section 17A(c) of the National School 
Lunch Act (42 U.S.C. 1766a(c)) is amended by striking "(c) 
REIMBURSEMENT.—For" and inserting the following: 
"(c) REIMBURSEMENT.— 
"(1) AT-RISK SCHOOL CHILDREN.—In the case of an ehgible 
child who is participating in a program authorized under this 
section operated at a site located in a geographical area served 
by a school in which at least 50 percent of the children enrolled 
are certified as eligible to receive free or reduced price school 
meals under this Act or the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.), a supplement provided under this section 
to the child shall be— 
"(A) reimbursed at the rate at which freo supplements 
are reimbursed under section 17(c)(3); and 
"(B) served without charge. 
"(2) OTHER SCHOOL CHILDREN.—In the case of an eligible 
child who is participating in a program authorized under this 
section at a site that is not described in paragraph (1), for". 
SEC. 109. PILOT PROJECTS. 
(a) IN GENERAL.—Section 18 of the National School Lunch 
Act (42 U.S.C. 1769) is amended by striking subsections (c), (e), 
(g), and (h). 
(b) 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) BREAKFAST PILOT PROJECTS.— 
Grants. 
"(1) IN GENERAL,—Subject to the availability of funds made 
available under paragraph (10), for a period of 3 successive 
school years, the Secretary shall make grants to State agencies 
to conduct pilot projects in elementary schools under the juris-
diction of not more than 6 school food authorities approved 
by the Secretary to— 
"(A) reduce paperwork, simplify meal counting require-
ments, and make changes that will increase participation 
in the school breakfast program; and 
"(B) evaluate the effect of providing free breakfasts 
to elementary school children, without regard to family 
income, on participation, academic achievement, attend-
ance and tardiness, and dietary intake over the course 
of a day. 
"(2) NOMINATIONS.—A State agency that seeks a grant 
under this subsection shall submit to the Secretary nominations 
of school food authorities to participate in a pilot project under 
this subsection 
"(3) APPROVAL.—^The Secretary shall approve for participa-
tion in pilot projects under this subsection elementary schools 
under the jurisdiction of not more than 6 nominated school 
food authorities selected so as to— 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3155 
"(A) provide for an equitable distribution of pilot 
projects among urban and rural elementary schools; 
"(B) provide for an equitable distribution of pilot 
projects among elementary schools of vsirying family income 
levels; and 
"(C) permit the evaluation of pilot projects to distin-
guish the effects of the pilot projects from other factors, 
such as changes or differences in educational policies or 
programs. 
"(4) GRANTS TO SCHOOL POOD AUTHORITIES.—A State agency 
receiving a grant under paragraph (1) shall make grants to 
school food authorities to conduct the pilot projects described 
in paragraph (1). 
"(5) DURATION OF PILOT PROJECTS.—Subject to the availabil-
ity of funds made available to carry out this subsection, a 
school food authority receiving amounts under a grant to con-
duct a pilot project described in paragraph (1) shall conduct 
the project during a period of 3 successive school years. 
"(6) 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 eligi-
bility, and related requirements that would preclude the 
Secretary from making a grant to conduct a pilot project 
under paragraph (1). 
"(B) 
NONWAIVABLE REQUIREMENTS.—The 
Secretary 
may not waive a requirement under subparagraph (A) if 
the waiver would prevent a program participant, a poten-
tial program participant, or a school from receiving all 
of the benefits and protections of this Act, the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.), or a Federal 
law (including a regulation) that protects an individual 
constitutional right or a statutory civil right. 
"(7) REQUIREMENTS FOR PARTICIPATION IN PILOT PROJECT.— 
To be eligible to participate in a pilot project under this 
subsection— 
"(A) a State agency— 
"(i) shall submit an application to the Secretary 
at such time and in such manner as the Secretary 
shall establish to meet criteria the Secretary has estab-
lished to enable a valid evaluation to be conducted; 
and 
"(ii) shall provide such information relating to the 
operation and results of the pilot project as tiie Sec-
retary may reasonably require; and 
"(B) a school food authority— 
"(i) shall agree to serve all breakfasts at no charge 
to all children enrolled in participating elementary 
schools; 
"(ii) shall not have a history of violations of this 
Act or the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.); 
"(iii) shall have, under the jurisdiction of the school 
food authority, a sufficient number of elementary 
schools that are not participating in the pilot projects 
112 STAT. 3156 
PUBLIC LAW 105-336—OCT. 31, 1998 
to permit a valid evaluation of the effects of the pilot 
projects; and 
"(iv) shall meet all other requirements that the 
Secretary may reasonably require. 
"(8) EVALUATION OF PILOT PROJECTS.— 
"(A) IN GENERAL.—^The Secretary, acting through the 
Administrator of the Food and Nutrition Service, shall 
conduct an evaluation of the pilot projects conducted by 
the school food authorities selected for participation. 
"(B) CONTENT.—^The evaluation shall include— 
"(i) a determination of the effect of participation 
in the pilot project on the academic achievement, 
attendance and tardiness, smd dietary intake over the 
course of a day of participating children that is not 
attributable to changes in educational policies and 
practices; and 
"(ii) a determination of the effect that participation 
by elementary schools in the pilot project has on the 
proportion of students who eat breakfast and on the 
paperwork required to be completed by the schools. 
"(C) REPORT.—On completion of the pilot projects and 
the evaluation, the Secretary shall submit to the Committee 
on Education and the Workforce of the House of Represent-
atives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report describing the results of 
the evaluation of the pilot projects required under subpara-
graph (A). 
"(9) REIMBURSEMENT.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), a school conducting a pilot project under this subsection 
shall receive a total Federal reimbursement under the 
school breakfast program in an amount that is equal to 
the total Federal reimbursement for the school for the 
prior year under the program (adjusted to reflect changes 
in the series for food away from home of the Consumer 
Price Index for All Urban Consumers published by the 
Bureau of Labor Statistics of the Department of Labor 
and adjusted for fluctuations in enrollment). 
"(B) EXCESS NEEDS.—Funds required for the pilot 
project in excess of the level of reimbursement received 
by the school for the prior year (adjusted to reflect changes 
described in subparagraph (A) and adjusted for fluctuations 
in enrollment) may be taken from any non-Federal source 
or from amounts provided under this subsection. 
"(10) AUTHORIZATION OP APPROPRIATIONS.— 
"(A) IN GENERAL.—^There are authorized to be appro-
priated such sums as are necessary to carry out this sub-
section. 
"(B) REQUIREMENT.—No amounts may be provided 
under this subsection unless specifically provided in appro-
priations Acts.". 
(c) CONFORMING AMENDMENTS.— 
(1) Section 18 of the National School Lunch Act (42 U.S.C. 
1769), as amended by subsections (a) and (b), is further amend-
ed by redesignating subsections (d), (f), and (i) as subsections 
(c), (d), and (e), respectively. 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3157 
(2) Section 101(b) of the Child Nutrition Amendments of 
1992 (42 U.S.C. 1769 note; Pubhc Law 102-342) is amended— 
(A) in paragraph (1)— 
(i) by striking "(1)"; and 
(ii) by striking "other than those required under 
section 18(c) of the National School Lunch Act (42 
U.S.C. 1769(c)) to identify other" and inserting "to 
identify"; and 
(B) by striking paragraph (2). 
SEC. 110. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE 
MANAGEMENT INSTITUTE. 
(a) TECHNICAL AMENDMENTS.—Section 21(c)(2) of the National 
School Lunch Act (42 U.S.C. 1769b-l(c)(2)) is amended by striking 
"of section 24" each place it appears in subparagraphs (F) and 
(H) and inserting "established by the Secretary". 
(b) TRAINING AND TECHNICAL ASSISTANCE.—Section 21(e)(1) of 
the National School Lunch Act (42 U.S.C. 1769b-l(e)(l)) is amended 
by striking "1998" and inserting "2003". 
(c) FOOD SERVICE MANAGEMENT INSTITUTE.—Section 21(e)(2)(A) 
of the National School Lunch Act (42 U.S.C. 1769b-l(e)(2)(A)) is 
amended in the first sentence by striking "and $2,000,000 for fiscal 
year 
1996 and each subsequent fiscal year," and 
inserting 
"$2,000,000 for each of fiscal years 1996 through 1998, and 
$3,000,000 for fiscal year 1999 and each subsequent fiscal year,". 
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 inserting "2003". 
SEC. 112. INFORMATION CLEARINGHOUSE. 
Section 26(d) of the National School Lunch Act (42 U.S.C. 
1769g(d)) is amended in the first sentence by striking "and $100,000 
for fiscal year 1998" and inserting "$100,000 for fiscal year 1998, 
and $ 166,000 for each of fiscal years 1999 through 2003". 
SEC. 113. ACCOMMODATION OF THE SPECIAL DIETARY NEEDS OF 
INDIVIDUALS WITH DISABIUTIES. 
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) DEFINITIONS.—^In this section: 
"(1) 
COVERED 
PROGRAM.—The term 'covered program' 
means— 
"(A) the school lunch program authorized under this 
Act; 
"(B) the school breakfast program authorized 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 (except for section 17) 
that the Secretary determines is appropriate. 
"(2) ELIGIBLE ENTiTY.^The term 'eligible entity' means a 
school food authority, institution, or service institution that 
participates in a covered program. 
112 STAT. 3158 
PUBLIC LAW 105-336—OCT. 31, 1998 
"(b) ACTIVITIES.—The Secretary may carry out activities to help 
accommodate the special dietary needs of individuals with disabil-
ities who are participating in a covered program. The activities 
may include— 
"(1) developing and disseminating to State agencies guid-
ance and technical assistance materials; 
"(2) conducting training of State agencies and eligible enti-
ties; and 
"(3) providing grants to State agencies and eligible entities. 
"(c) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 1999 through 2003.". 
TITLE II—SCHOOL BREAKFAST AND 
RELATED PROGRAMS 
SEC. 201. SCHOOL BREAKFAST PROGRAM AUTHORIZATION. 
Section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 
1773(a)) is amended in the first sentence by striking "and to carry 
out the provisions of subsection (g)". 
SEC. 202. STATE ADMINISTRATIVE EXPENSES. 
(a) HOMELESS SHELTERS.—Section 7(a)(5)(B) of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1776(a)(5)(B)) is amended to read 
as follows: 
"(B) REALLOCATION OP FUNDS.— 
"(i) RETURN TO SECRETARY.—For each fiscal year, 
any amounts appropriated that are not obligated or 
expended during the fiscal year and are not carried 
over for the succeeding fiscal year under subparagraph 
(A) shall be returned to the Secretary. 
"(ii) REALLOCATION BY SECRETARY.—The Secretary 
shall allocate, for purposes of administrative costs, any 
remaining amounts among States that demonstrate 
a need for the amounts.". 
(b) ELIMINATION OF 10 PERCENT TRANSFER 
LIMITATION.— 
Section 7(a)(6) of the Child Nutrition Act of 1966 (42 U.S.C. 
1776(a)(6)) is amended to read as follows: 
"(6) U S E OF ADMINISTRATIVE FUNDS.—Funds available to 
a State under this subsection and under section 13(k)(l) of 
the National School Lunch Act (42 U.S.C. 1761(k)(l)) may be 
used by the State for the costs of administration of the programs 
authorized under this Act (except for the programs authorized 
under sections 17 and 21) £ind the National School Lunch 
Act (42 U.S.C. 1751 et seq.) without regard to the basis on 
which the funds were earned and allocated.". 
(c) REAUTHORIZATION OF PROGRAM.—Section 7(g) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1776(g)) is amended by striking 
" 1998" and inserting "2003". 
SEC. 203. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 
WOMEN, INFANTS, AND CHILDREN. 
(a) ADDITIONAL REQUIREMENTS FOR APPLICANTS.— 
(1) PHYSICAL PRESENCE REQUIREMENT.—Section 17(d)(3) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amend-
ed by adding at the end the following: 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3159 
"(C) PHYSICAL PRESENCE.— 
"(i) IN GENERAL.—Except as provided in clause 
(ii) and subject to the requirements of the Americans 
with DisabiUties Act of 1990 (42 U.S.C. 12101 et seq.) 
and section 504 of the RehabiUtation Act of 1973 (29 
U.S.C. 794), each individual seeking certification or 
recertification for participation in the program shall 
be physically present at each certification or recertifi-
cation determination in order to determine eligibility 
under the program. 
"(ii) WAIVERS.—If the agency determines that the 
requirement of clause (i) would present an unreason-
able barrier to participation, a local agency may waive 
the requirement of clause (i) with respect to— 
"(I) an infant or child who— 
"(aa) was present at the initial certifi-
cation visit; and 
"(bb) is receiving ongoing health care from 
a provider other than the local agency; or 
"(II) an infant or child who— 
"(aa) was present at the initial certifi-
cation visit; 
"(bb) was present at a certification or re-
certification determination within the 1-year 
period ending on the date of the certification 
or recertification determination described in 
clause (i); and 
"(cc) has one or more parents who work.". 
(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 psu-agraph (1), is further amended 
by adding at the end the following: 
(D) INCOME DOCUMENTATION.— 
"(i) IN GENERAL.—Except as provided in clause 
(ii), in order to participate in the pro-am pursuant 
to clause (i) of paragraph (2)(A), an individual seeking 
certification or recertification for participation in the 
program shall provide documentation of family income. 
"(ii) WAIVERS.—^A State agency may waive the 
documentation requirement of clause (i), in accordance 
with criteria established by the Secretary, with respect 
to— 
"(I) an individual for whom the necessary 
documentation is not available; or 
"(II) an individual, such as a homeless woman 
or child, for whom the agency determines the 
requirement of clause (i) would present an 
unreasonable barrier to participation.". 
(3) 
ADJUNCT 
DOCUMENTATION 
REQUIREMENT.—Section 
17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(d)(3)), as amended by paragraph (2), is further amended 
by adding at the end the following: 
"(E) ADJUNCT DOCUMENTATION.—In order to participate 
in the program pursuant to clause (ii) or (iii) of paragraph 
(2)(A), an individual seeking certification or recertification 
for participation in the program shall provide documenta-
tion of receipt of assistance described in that clause.". 
112 STAT. 3160 
PUBLIC LAW 105-336—OCT. 31, 1998 
(b) EDUCATION AND EDUCATIONAL MATERIALS RELATING TO 
EFFECTS OF DRUG AND ALCOHOL USE.—Section 17(e)(1) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(e)(1)) is amended by adding 
at the end the following: "A local agency participating in the pro-
gram shall provide education or educational materials relating to 
the effects of drug and alcohol use by a pregnant, postpartum, 
or breastfeeding woman on the developing child of the woman.". 
(c) DISTRIBUTION OF NUTRITION 
EDUCATION 
MATERIALS.— 
Section 17(e)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(e)(3)) is amended— 
(1) by striking "(3) The" and inserting the following: 
"(3) NUTRITION EDUCATION MATERIALS.— 
"(A) IN GENERAL.—The"; and 
(2) bv adding at the end the following: 
(B) SHARING OF MATERIALS.—The Secretary may pro-
vide, in bulk quantity, nutrition education 
materials 
(including materials promoting breastfeeding) developed 
with funds made available for the program authorized 
under this section to State agencies administering the 
commodity supplemental food program authorized under 
sections 4(a) and 5 of the Agriculture and Consumer Protec-
tion Act of 1973 (7 U.S.C. 612c note; Pubhc Law 9 3 -
86) at no cost to that program.". 
(d) USE OF CLAIMS FROM VENDORS AND PARTICIPANTS.—Section 
17(f )(21) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f )(21)) 
is amended to read as follows: 
"(21) USE OF CLAIMS FROM VENDORS AND PARTICIPANTS.— 
A State agency may use funds recovered from vendors and 
participants, as a result of a claim arising under the program, 
to carry out the program during— 
"(A) the fiscal year in which the claim arises; 
"(B) the fiscal year in which the funds are collected; 
and 
"(C) the fiscal year following the fiscal year in which 
the funds are collected.". 
(e) INDIVIDUALS PARTICIPATING AT MORE THAN ONE SITE.— 
Section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)) 
is amended by adding at the end the following: 
"(23) INDIVIDUALS PARTICIPATING AT MORE THAN ONE SITE.— 
Each State agency shall implement a system designed by the 
State agency to identify individuals who are participating at 
more than one site under the program.". 
, 
(f) 
IDENTIFICATION OF HIGH 
RISK 
VENDORS; 
COMPLIANCE 
INVESTIGATIONS.— 
(1) IN GENERAL.—Section 17(f) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786(f)), as amended by subsection (e), 
is further amended by adding at the end the following: 
"(24) HIGH RISK VENDORS.—Each State agency shall— 
"(A) identify vendors that have a high probability of 
program abuse; and 
"(B) conduct compliamce investigations of the vendors.". 
Deadlines. 
(2) REGULATIONS.—The Secretary of Agriculture shall 
42 use 1786 
promulgate— 
°°*® 
(A) not later than March 1, 1999, proposed regulations 
to carry out section 17(f )(24) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786(f)(24)), as added by paragraph 
(1); and 
PUBLIC LAW 105-33&-OCT. 31, 1998 
112 STAT. 3161 
(B) not later than March 1, 2000, final regulations 
to carry out section 17(f )(24) of that Act. 
(g) REAUTHORIZATION OP PROGRAM.—Section 17(g)(1) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(1)) is amended 
in the first sentence by striking "1998" and inserting "2003". 
(h) PURCHASE OP BREAST PUMPS.—Section 17(h)(1)(C) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(1)(C)) is amended— 
(1) by striking "(C) In" and inserting the following: 
(C) REMAINING AMOUNTS.— 
"(i) IN GENERAL.—Except as provided in clause 
(ii), in"; and 
(2) by adding at the end the following: 
"(ii) BREAST PUMPS.—^A State agency may use 
amounts made available under clause (i) for the pur-
chase of breast pumps.". 
(i) NUTRITION SERVICES AND ADMINISTRATION.— 
(1) ALLOCATION OF AMOUNTS.—Section 17(h)(2)(A) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(2)(A)) is amend-
ed in the first sentence by striking "1998" and inserting "2003". 
(2) TECHNICAL AMENDMENT.--Section 17(h)(2)(A)(iv) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(2)(A)(iv)) is 
amended by striking ", to the extent funds are not already 
provided under subparagraph (I){v) for the same purpose,". 
(3) LEVEL OF PER-PARTICEPANT EXPENDITURE FOR NUTRITION 
SERVICES AND ADMiNiSTRATiON.^^ection 17(h)(2)(B)(ii) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(2)(B)(ii)) is 
amended by striking "15 percent" and inserting "10 percent 
(except that the Secretary may establish a higher percentage 
for State agencies that are small)". 
(4) TECHNICAL AMENDMENTS.—Section 17(h)(3) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)(3)) is amended— 
(A) in subparagraph (E), bv striking "In the case" and 
all that follows through "subsequent fiscal year," and 
inserting "For each fiscal year,"; and 
(B) by striking subparagraphs (F) and (G). 
(5) CONVERSION OF AMOUNTS FOR SUPPLEMENTAL FOODS 
TO AMOUNTS FOR NUTRITION SERVICES AND ADMINISTRATION.— 
Section 17(h)(5)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(h)(5)(A)) is amended in the matter preceding clause (i) 
by striking "achieves" and all that follows through "such State 
agency may" and inserting "submits a plan to reduce average 
food costs per participant and to increase participation above 
the level estimated for the State agency, the State agency 
may, with the approval of the Secretary,". 
(j) INFANT FORMULA PROCUREMENT.—Section 17(h)(8)(A) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended 
by adding at the end the following: 
"(iii) 
COMPETITIVE 
BIDDING 
SYSTEM.—A 
State 
agency using a competitive bidding system for infant 
formula shall award contracts to bidders offering the 
lowest net price unless the State agency demonstrates 
to the satisfaction of the Secretary that the weighted 
average retail price for different brands of infant for-
mula in the State does not vary by more than 5 per-
cent.". 
(k) INFRASTRUCTURE AND BREASTFEEDING PROMOTION AND SUP-
PORT ACTIVITIES.—Section 17(h)(10)(A) of the Child Nutrition Act 
112 STAT. 3162 
PUBLIC LAW 105-336—OCT. 31, 1998 
of 1966 (42 U.S.C. 1786(h)(10)(A)) is amended by striking "1998" 
and inserting "2003". 
(1) CONSIDERATION OF PRICE LEVELS OF RETAIL STORES FOR 
PARTICIPATION IN PROGRAM.— 
(1) IN GENERAL.—Section 17(h) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786(h)) is amended by adding at the end 
the following: 
"(11) 
CONSIDERATION OF PRICE LEVELS OF RETAIL STORES 
FOR PARTICIPATION IN PROGRAM.— 
"(A) IN GENERAL.—For the purpose of promoting effi-
ciency and to contain costs under the program, a State 
agency shall, in selecting a retail store for participation 
in the program, take into consideration the prices that 
the store charges for foods under the program as compared 
to the prices that other stores charge for the foods. 
Procedures. 
"(B) SUBSEQUENT PRICE INCREASES.—^The State agency 
shall establish procedures to ensure that a retail store 
selected for participation in the program does not subse-
quently raise prices to levels that would otherwise make 
the store ineligible for participation in the program.". 
Deadlines. 
(2) REGULATIONS.—^The Secretary of Agriculture shall 
42 use 1786 
promulgate— 
°°*® 
(A) not later than March 1, 1999, proposed regulations 
to carry out section 17(h)(ll) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786(h)(ll)), as added by paragraph 
(1); and 
(B) not later than March 1, 2000, final regulations 
to carry out section 17(h)(ll) of that Act. 
(m) MANAGEMENT INFORMATION SYSTEM PLAN.—Section 
17(h) 
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)), as amended 
by subsection (1)(1), is further amended by adding at the end the 
following: 
"(12) MANAGEMENT INFORMATION SYSTEM PLAN.— 
"(A) IN GENERAL.—In consultation with State agencies, 
vendors, and other interested persons, the Secretary shall 
establish a long-range plan for the development and 
implementation 
of 
management 
information 
systems 
(including electronic benefit transfers) to be used in carry-
ing out the program. 
Deadline. 
"(B) REPORT,—Not later than 2 years after the date 
of enactment of this paragraph, the Secretary shall submit 
to the Committee on Education and the Workforce of the 
House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report 
on actions taken to carry out subparagraph (A). 
"(C) INTERIM PERIOD.—Prior to the date of submission 
of the report of the Secretary required under subparagraph 
(B), a State agency may not require retail stores to pay 
the cost of systems or equipment that may be required 
to test electronic benefit transfer systems.", 
(n) USE OF FUNDS IN PRECEDING AND SUBSEQUENT FISCAL 
YEARS.— 
(1) IN GENERAL.—Section 17(i)(3)(A) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(i)(3)(A)) is amended— 
(A) by striking "subparagraphs (B) and (C)" and insert-
ing "subparagraph (B)"; and 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3163 
(B) by striking clauses (i) and (ii) and inserting the 
following: 
"(i)(I) not more than 1 percent (except as provided in 
subparagraph (C)) of the amount of funds allocated to a State 
agency under this section for supplemental foods for a fiscal 
year may be expended by the State agency for allowable 
expenses incurred under this section for supplemental foods 
during the preceding fiscal year; and 
"(II) not more than 1 percent of the amount of funds 
allocated to a State agency under this section for nutrition 
services and administration for a fiscal year may be expended 
by the State agency for allowable expenses incurred under 
this section for supplemental foods and nutrition services and 
administration during the preceding fiscal year; and 
"(ii)(I) for each fiscal year, of the amounts allocated to 
a State agency for nutrition services and administration, an 
amount equal to not more than 1 percent of the amount allo-
cated to the State agency under this section for the fiscal 
year may be expended by the State agency for allowable 
expenses incurred under this section for nutrition services and 
administration during the subsequent fiscal year; and 
"(II) for each fiscal year, of the amounts allocated to a 
State agency for nutrition services and administration, an 
amount equal to not more than V
2 of 1 percent of the amount 
allocated to the State agency under this section for the fiscal 
year may be expended by the State agency, with the prior 
approval of the Secretary, for the development of a management 
information system, including an electronic benefit transfer 
system, during the subsequent fiscal year.". 
(2) CONFORMING AMENDMENTS.—Section 17 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786) is amended— 
(A) in subsection (h)(10)(A), by inserting after "nutri-
tion services and administration funds" the following: "and 
supplemental foods funds"; and 
(B) in subsection (i)(3)— 
(i) by striking subparagraphs (C) through (G); and 
(ii) by redesignating subparagraph (H) as subpara-
graph (C). 
(0) FARMERS' MARKET NUTRITION PROGRAM.— 
(1) MATCHING REQUIREMENT.—Section 17(m)(3) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(m)(3)) is amended in 
the first sentence by inserting "program income or" after "satis-
fied from". 
(2) CRITERIA FOR ADDITIONAL FUNDS.—Section 17(m)(6)(C) 
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(6)(C)) 
is amended— 
(A) by striking "serve additional recipients in"; 
(B) by striking clause (ii) and inserting the following: 
"(ii) documentation that demonstrates that— 
"(I) there is a need for an increase in funds; and 
"(II) the use of the increased funding will be consistent 
with serving nutritionally at-risk persons and expanding 
the awareness and use of farmers' markets;"; 
(C) in clause (iii), by striking the period at the end 
and inserting "; and"; and 
(D) by adding at the end the following: 
X 
112 STAT. 3164 
PUBLIC LAW 105-336—OCT. 31, 1998 
"(iv) whether, in the case of a State that intends to use 
any funding provided under subparagraph (G)(i) to increase 
the value of the Federal share of the benefits received by 
a recipient, the funding provided under subpeiragraph (G)(i) 
will increase the rate of coupon redemption.". 
(3) RAhfKiNG CRITERIA FOR STATE PLANS.—Section 17(m)(6) 
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(6)) is 
amended— 
(A) by striking subparagraph (F); and 
(B) by redesignating subparagraph (G) as subpara-
graph (F). 
(4) 
FUNDING FOR CURRENT AND NEW STATES.—Section 
17(m)(6)(F) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(m)(6)(F)), as redesignated 
by paragraph 
(3)(B), is 
amended— 
(A) in clause (i)— 
(i) in the first sentence, by striking "that wish" 
and all follows through "to do so" and inserting "whose 
State plan"; and 
(ii) in the second sentence, by striking "for addi-
tional recipients"; and 
(B) in the second sentence of clause (ii), by striking 
"that desire to serve additional recipients, and". 
(5) REAUTHORIZATION OF PROGRAM.—Section 17(m)(9)(A) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(9)(A)) is 
amended by striking "1998" and inserting "2003". 
(p) DISQUALIFICATION OP CERTAIN VENDORS.— 
(1) IN GENERAL.—Section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786) is amended by adding at the end 
the following: 
"(o) DISQUALIFICATION OF VENDORS CONVICTED OF TRAFFICKING 
OR ILLEGAL SALES.— 
"(1) IN GENERAL.—Except as provided in paragraph (4), 
a State agency shall permanently disqualify from participation 
in the program authorized under this section a vendor convicted 
of— 
"(A) trafficking in food instruments (including any 
voucher, draft, check, or access device (including an elec-
tronic benefit transfer card or personal identification num-
ber) issued in lieu of a food instrument under this section); 
or 
"(B) selling firearms, ammunition, explosives, or con-
trolled substances (as defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802)) in exchange for 
food instruments (including any item described in subpara-
graph (A) issued in lieu of a food instrument under this 
section). 
"(2) 
NOTICE OF DISQUALIFICATION.—The State 
agency 
shall— 
"(A) provide the vendor with notification of the 
disqualification; and 
"(B) make the disqualification effective on the date 
of receipt of the notice of disqualification. 
"(3) PROHIBITION OF RECEIPT OP LOST REVENUES.—^A vendor 
shall not be entitled to receive any compensation for revenues 
lost as a result of disqualification under this subsection. 
"(4) EXCEPTIONS IN LIEU OF DISQUALIFICATION.— 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3165 
"(A) IN GENERAL.—^A State agency may permit a vendor 
that, but for this paragraph, would be disquahfied under 
paragraph (1), to continue to participate in the program 
if the State agency determines, in its sole discretion accord-
ing to criteria established by the Secretary, that— 
"(i) disqualification of the vendor would cause 
hardship to participants in the program authorized 
under this section; or 
"(ii)(I) the vendor had, at the time of the violation 
under paragraph (1), an effective policy and program 
in effect to prevent violations described in paragraph 
(l);and 
"(II) the ownership of the vendor was not aware 
of, did not approve of, and was not involved in the 
conduct of the violation. 
"(B) CIVIL PENALTY.—If a State agency under subpara-
graph (A) permits a vendor to continue to participate in 
the program in lieu of disqualification, the State agency 
shall assess the vendor a civil penalty in an amount deter-
mined by the State agency, in accordance with criteria 
established by the Secretary, except that— 
"(i) the amount of the civil penalty shall not exceed 
$10,000 for each violation; and 
"(ii) the amount of civil penalties imposed for viola-
tions investigated as part of a single investigation may 
not exceed $40,000.". 
(2) REGULATIONS.—^The Secretary of Agriculture shall Deadlines. 
promulgate— 
ILF^^ ^'^^ 
(A) not later than March 1, 1999, proposed regulations 
to carry out section 17(o) of the Child Nutrition Act of 
1966 (42 U.S.C. 1786(o)), as added by paragraph (1); and 
(B) not later than March 1, 2000, final regulations 
to carry out section 17(o) of that Act. 
(q) CRIMINAL FORFEITURE.—Section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), as amended by subsection (p)(l), 
is amended by adding at the end the following: 
"(p) CRIMINAL FORFEITURE.— 
"(1) IN GENERAL.—^Notwithstanding any provision of State 
law and in addition to any other penalty authorized by law, 
a court may order a person that is convicted of a violation 
of a provision of law described in paragraph (2), with respect 
to food instruments (including any item described in subsection 
(o)(l)(A) issued in heu of a food instrument under this section), 
funds, assets, or property that have a value of $100 or more 
and that are the subject of a grant or other form of assistance 
under this section, to forfeit to the United States all property 
described in paragraph (3). 
"(2) APPLICABLE LAWS.—^A provision of law described in 
this paragraph is— 
"(A) section 12(g) of the National School Lunch Act 
(42 U.S.C. 1760(g)); and 
"(B) any other Federal law imposing a penalty for 
embezzlement, willful misapplication, stealing, obtaining 
by fraud, or trafficking in food instruments (including any 
item described in subsection (o)(l)(A) issued in lieu of a 
food instrument under this section), funds, assets, or prop-
erty. 
note. 
112 STAT. 3166 
42 use 1786 
note. 
Deadlines. 
PUBLIC LAW 105-336—OCT. 31, 1998 
"(3) 
PROPERTY SUBJECT TO FORFEITURE.—^The following 
property shall be subject to forfeiture under paragraph (1): 
"(A) All property, real and personal, used in a trans-
action or attempted transaction, to commit, or to facilitate 
the commission of, a violation described in paragraph (1). 
"(B) All property, real and personal, constituting, 
derived from, or traceable to any proceeds a person obtained 
directly or indirectly as a result of a violation described 
in paragraph (1). 
"(4) PROCEDURES; INTEREST OF owhfER.—Except as provided 
in paragraph (5), all property subject to forfeiture under this 
subsection, any seizure or disposition of the property, and any 
proceeding relating to the forfeiture, seizure, or disposition 
shall be subject to section 413 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), 
other than subsection (d) of that section. 
"(5) PROCEEDS.—^The proceeds from any sale of forfeited 
property and any amounts forfeited under this subsection shall 
be used— 
"(A) first, to reimburse the Department of Justice, the 
Department of the Treasury, and the United States Postal 
Service for the costs incurred by the Departments or Serv-
ice to initiate and complete the forfeiture proceeding; 
"(B) second, to reimburse the Office of Inspector Gen-
eral of the Department of Apiculture for any costs incurred 
by the Office in the law enforcement effort resulting in 
the forfeiture; 
"(C) third, to reimburse any Federal, State, or local 
law enforcement agency for any costs incurred in the law 
enforcement effort resulting in the forfeiture; and 
"(D) fourth, by the State agency to carry out approval, 
reauthorization, and compliance investigations of vendors.". 
(r) STUDY OF COST CONTAINMENT PRACTICES.— 
(1) IN GENERAL.—^The Secretary of Agriculture shall con-
duct a study on the effect of cost containment practices estab-
lished by States under the special supplemental nutrition pro-
gram for women, infants, and children authorized under section 
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) for 
the selection of vendors and approved food items (other than 
infant formula) on— 
(A) program participation; 
(B) access and availability of prescribed foods; 
(C) voucher redemption rates and actual food selections 
by participants; 
(D) participants on special diets or with specific food 
allergies; 
(E) participant use and satisfaction of prescribed foods; 
(F) achievement of positive health outcomes; and 
(G) program costs. 
(2) REPORT.—The Secretary shall submit to the Committee 
on Education and the Workforce of the House of Representa-
tives and the Committee on Agriculture, Nutrition, and Forestry 
of the Senate— 
(A) not later than 2 years after the date of enactment 
of this Act, an interim report describing the results of 
the study conducted under paragraph (1); and 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3167 
(B) not later than 3 years after the date of enactment 
of this Act, a final report describing the results of the 
study conducted under paragraph (1). 
(s) STUDY OF W I C SERVICES.— 
42 use i786 
(1) IN GENERAL.—The Comptroller General of the United note. 
States shall conduct a study that assesses— 
(A) the cost of delivering services under the special 
supplemental nutrition program for women, infants, and 
children authorized under section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), including the costs of 
implementing and administering cost containment efforts; 
(B) the fixed and variable costs incurred by State and 
local governments for delivering the services and the extent 
to which those costs are charged to State agencies; 
(C) the quality of the services delivered, taking into 
account the effect of the services on the health of partici-
pants; and 
(D) the costs incurred for personnel, automation, cen-
tral support, and other activities to deliver the services 
and whether the costs meet Federal audit standards for 
allowable costs under the program. 
(2) REPORT.—^Not later than 3 years after the date of enact- Deadline, 
ment of this Act, the Comptroller General shall submit to 
the Secretary of Agriculture, the Committee on Education and 
the Workforce of the House of Representatives, and the Commit-
tee on Agriculture, Nutrition, and Forestry of the Senate a 
report containing the results of the study conducted under 
paragraph (1). 
SEC. 204. NUTRITION EDUCATION AND TRAINING. 
Section 19(i) of the Child Nutrition Act of 1966 (42 U.S.C. 
1788(i)) is amended— 
(1) by striking the subsection heading and all that follows 
through paragraph (3)(A) and inserting the following: 
"(i) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.— 
"(A) FUNDING.—^There are authorized to be appro-
priated such sums as are necessary to carry out this section 
for each of fiscal years 1997 through 2003."; and 
(2) by redesignating paragraphs (4) and (5) as paragraphs 
(2) and (3), respectively. 
TITLE III—COMMODITY DISTRIBUTION 
PROGRAMS 
SEC. 301. INFORMATION FROM RECIPIENT AGENCIES. 
Section 3(f)(2) of the Commodity Distribution Reform Act and 
WIC Amendments of 1987 (7 U.S.C. 612c note; Pubhc Law 100-
237) is amended to read as follows: 
"(2) INFORMATION FROM RECIPIENT AGENCIES.— 
"(A) IN GENERAL.—^The Secretary shall ensure that 
information with respect to the t3T)es and forms of commod-
ities that are most useful to persons participating in pro-
grams described in subsection (a)(2) is collected from recipi-
ent agencies operating the programs. 
112 STAT. 3168 
PUBLIC LAW 105-336—OCT. 31, 1998 
"(B) FREQUENCY.—^The information shall be collected 
at least once every 2 years. 
"(C) ADDITIONAL SUBMISSIONS.—^The Secretary shall 
provide the recipient agencies a means for voluntarily 
submitting customer acceptability information.". 
SEC. 302. FOOD DISTRIBUTION. 
The Commodity Distribution Reform Act and WIC Amendments 
of 1987 (7 U.S.C. 612c note; Public Law 100-237) is amended— 
(1) by redesignating sections 13 and 14 as sections 17 
and 18, respectively; and 
(2) by inserting after section 12 the following: 
"SEC. 13. AUTHORITY TO TRANSFER COMMODITIES BETWEEN PRO-
GRAMS. 
"(a) TRANSFER.—Subject to subsection (b), the Secretary may 
transfer any commodities purchased with appropriated funds for 
a domestic food assistance program administered by the Secretary 
to any other domestic food assistance program administered by 
the Secretary if the transfer is necessary to ensure that the commod-
ities will be used while the commodities are still suitable for human 
consumption. 
"(b) REIMBURSEMENT.—^The Secretary shall, to the maximum 
extent practicable, provide reimbursement for the value of the 
commodities transferred under subsection (a) from accounts avail-
able for the purchase of commodities under the program receiving 
the commodities. 
"(c) CREDITING.—^Any reimbursement made under subsection 
(b) shall— 
"(1) be credited to the accounts that incurred the costs 
when the transferred commodities were originally purchased; 
and 
"(2) be available for the purchase of commodities with 
the same limitations as are provided for appropriated funds 
for the reimbursed accounts for the fiscal year in which the 
transfer takes place. 
"SEC. 14. AUTHORITY TO RESOLVE CLAIMS. 
"(a) IN GENERAL.—^The Secretary may determine the amount 
of, settle, and adjust all or part of a claim arising under a domestic 
food assistance program administered by the Secretary. 
"(b) WAIVER.—^The Secretary may waive a claim described in 
subsection (a) if the Secretary determines that a waiver would 
serve the purposes of the program. 
"(c) AUTHORITY OF THE ATTORNEY GENERAL.—Nothing in this 
section diminishes the authority of the Attorney General under 
section 516 of title 28, United States Code, or any other provision 
of law, to supervise £ind conduct litigation on behalf of the United 
States. 
"SEC. 15. PAYMENT OF COSTS ASSOCIATED WITH REMOVAL OF 
COMMODITIES THAT POSE A HEALTH OR SAFETY RISK. 
"(a) IN GENERAL.—^The Secretary may use funds avsdlable to 
carry out section 32 of the Act of August 24, 1935 (49 Stat. 774, 
chapter 641; 7 U.S.C. 612c), that are not otherwise committed, 
for the purpose of reimbursing States for State and local costs 
associated with the removal of commodities distributed under any 
domestic food assistance program administered by the Secretary 
PUBLIC LAW 105-336—OCT. 31, 1998 
112 STAT. 3169 
if the Secretary determines that the commodities pose a health 
or safety risk. 
"(b) ALLOWABLE COSTS.—The costs— 
"(1) may include costs for storage, transportation, process-
ing, and destruction of the commodities described in subsection 
(a); and 
"(2) shall be subject to the approval of the Secretary. 
"(c) REPLACEMENT COMMODITIES.— 
"(1) IN GENERAL.—^The Secretary may use funds described 
in subsection (a) for the purpose of purchasing additional 
commodities if the purchase will expedite replacement of the 
commodities described in subsection (a). 
"(2) RECOVERY.—^Use of funds under paragraph (1) shall 
not restrict the Secretary from recovering funds or services 
from a supplier or other entity regarding the commodities 
described in subsection (a). 
"(d) CREDITING OF RECOVERED FUNDS.—Funds recovered from 
a supplier or other entity regarding the commodities described 
in subsection (a) shall— 
"(1) be credited to the account available to carry out section 
32 of the Act of August 24, 1935 (49 Stat. 774, ch. 641; 7 
U.S.C. 612c), to the extent the funds represent expenditures 
from that account under subsections (a) and (c); and 
"(2) remain available to carry out the purposes of section 
32 of that Act until expended. 
"(e) TERMINATION DATE.—The authority provided by this section 
terminates effective October 1, 2000. 
"SEC. 1
6
. 
AUTHORITY TO ACCEPT COMMODITIES DONATED BY 
FEDERAL 
SOURCES. 
"(a) IN GENERAL.—^The Secretary may accept donations of 
commodities from any Federal agency, including commodities of 
another Federal agency determined to be excess personal property 
pursuant to section 202(d) of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 483(d)). 
"(b) USE.—^The Secretary may donate the commodities received 
under subsection (a) to States for distribution through any domestic 
food assistance program administered by the Secretary. 
"(c) PAYMENT.—Notwithstanding section 202(d) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 483(d)), 
the Secretary shall not be required to make any payment in connec-
tion with the commodities received under subsection (a).". 
112 STAT. 3170 
PUBLIC LAW 105-336—OCT. 31, 1998 
TITLE IV—EFFECTIVE DATE 
42 u s e 1755 
SEC. 401. EFFECTIVE DATE. 
Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall take effect on October 1, 
1998. 
Approved October 31, 1998. 
LEGISLATIVE HISTORY—H.R. 3874 (S. 2286): 
HOUSE REPORTS: Nos. 105-633 (Comm. on Education and the Workforce) and 
105-786 (Comm. of Conference). 
SENATE REPORTS: No. 105-243 accompanying S. 2286 (Comm. on Agriculture, 
Nutrition, and Forestry). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
July 20, considered and passed House. 
Sept. 17, considered and passed Senate, amended, in lieu of S. 2286. 
Oct. 7, Senate agreed to conference report. 
Oct. 9, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 31, Presidential statement.