[105th Congress Public Law 336]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ336.105]


[[Page 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 <<NOTE: Oct. 31, 1998 -  [H.R. 3874]>>  assistance, to 
 simplify program operations and improve program management, to extend 
 certain authorities contained in those Acts through fiscal year 2003, 
                         and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: William F. 
Goodling Child Nutrition Reauthorization Act of 1998.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 42 USC 1751 note.>>  Short Title.--This Act may be cited 
as the ``William F. Goodling Child Nutrition Reauthorization Act of 
1998''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

               TITLE I--SCHOOL LUNCH 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 
           disabilities.

             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.

[[Page 112 STAT. 3144]]

               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 
        subsections (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)''; and
            (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 September 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 
        inspections.''.

    (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.--

[[Page 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)(1)) 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.--

[[Page 112 STAT. 3146]]

                                    ``(I) Through june 30, 1999.--For 
                                the period ending June 30, 1999, the 
                                adjustments''; and
                    (D) by adding at the end the following:
                                    ``(II) 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 Reimbursement 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 Reimbursement 
Options.--
            ``(1) <<NOTE: Grants.>>  In general.--From funds made 
        available under paragraph (3), the Secretary shall provide 
        grants to not more than 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 
                      subparagraph (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 
                subsection 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) <<NOTE: Deadline.>>  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

[[Page 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 subparagraph (C) or (E) of 
                      subsection (a)(1);
                          ``(ii) the number of schools identified under 
                      this subsection that have elected to receive 
                      special assistance 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-1(e)(2)(A), 1769g(d)) by inserting at 
        the end before the period ``, without further appropriation''.

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 
        ``sections 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 that 
                are produced in the United States.
            ``(2) Requirement.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary shall require that a school food authority 
                purchase, to the maximum extent practicable, domestic 
                commodities or products.

[[Page 112 STAT. 3148]]

                    ``(B) Limitations.--
                Subparagraph <<NOTE: Applicability.>> (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 specification 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 any one site; or
                    ``(II) with a waiver granted by the State agency 
                under standards developed by the Secretary, with not 
                more than 500 children being served at any one site;''.

    (b) Elimination of Meal Contracting Restrictions, Indication 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 (l)--
                    (A) in paragraph (1)--
                          (i) in the first sentence--
                                    (I) by striking ``(other than 
                                private nonprofit organizations eligible 
                                under subsection (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
                          (ii) by striking the last sentence;
                    (B) in paragraph (2)--

[[Page 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 
                paragraphs (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 striking ``1998'' and 
inserting ``2003''.
    (e) Technical Amendment.--
            (1) In general.--Section 706( j)(1) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (Public Law 104-193; 110 Stat. 2293) <<NOTE: 42 USC 1761.>>  is 
        amended by striking ``methods of assessing'' and inserting 
        ``methods for assessing''.
            (2) <<NOTE: 42 USC 1761 note.>>  Effective date.--The 
        amendment made by paragraph (1) takes effect on January 1, 1997.

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. 107. CHILD AND ADULT CARE FOOD PROGRAM.

    (a) Eligibility of 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), 
        reimbursement''; 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 
                possessed by the State indicating that the license of 
                the institution or home will not be renewed;
                    ``(B) if Federal, State, or local licensing or 
                approval is not available--
                          ``(i) meet any alternate approval standards 
                      established by the appropriate State or local 
                      governmental agency; or
                          ``(ii) 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 Federal, State, or 
                local licensing or approval is not required for the 
                institution, meet State or local health and safety 
                standards; and''.

[[Page 112 STAT. 3150]]

    (b) Automatic Eligibility for Even Start Program Participants.--
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 high probability 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 grant a single 
        extension of not to exceed an additional 90 days if the 
        institution demonstrates, to the satisfaction of the State 
        agency, that the inability 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 
        Nutrition 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 Secretary 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

[[Page 112 STAT. 3151]]

by subsection (g), is further amended by adding at the end the 
following:
    ``(r) Program for At-Risk School Children.--
            ``(1) Definition of at-risk school child.--In this 
        subsection, 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 program.--
        An institution may participate in the program authorized under 
        this section only if the institution provides supplements under 
        a program--
                    ``(A) organized primarily to provide care to at-risk 
                school children during after-school hours, weekends, or 
                holidays 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 
                      organized primarily to provide care to at-risk 
                      school children 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 free 
                supplement under subsection (c)(3).
                    ``(C) No charge.--A supplement claimed for 
                reimbursement under this subsection shall be served 
                without 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 
        supplemental 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--

[[Page 112 STAT. 3152]]

                          ``(i) a basic explanation of the importance 
                      and benefits of the special supplemental nutrition 
                      program for women, infants, and children;
                          ``(ii) the maximum State income eligibility 
                      standards, 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 
                subparagraph (A) to parents of enrolled children at 
                enrollment.''.

    ( j) Transfer of 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 of emergency shelter.--In this subsection, 
        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, an 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 licensing requirements 
        contained in subsection (a)(1) shall not apply to an emergency 
        shelter.
            ``(4) Health and safety standards.--To be eligible 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 
                      children are--
                                    ``(I) not more than 12 years of age;
                                    ``(II) children of migrant workers, 
                                if the children 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 
                subsection (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

[[Page 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)(1) is amended--
                          (I) by striking subparagraph (D); and
                          (II) by redesignating subparagraphs (E) 
                      through (G) as subparagraphs (D) through (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 physical'' 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 physically 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 ``disabilities''; 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) <<NOTE: 42 USC 1761 note.>>  Effective Date.--The 
        amendments made by paragraphs (1) and (2) take effect on July 1, 
        1999.

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 program organized primarily to 
        provide care for''; and
            (2) in paragraph (2), by striking subparagraph (C) and 
        inserting the following:

[[Page 112 STAT. 3154]]

                    ``(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 eligible 
        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 free 
                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.--
            ``(1) <<NOTE: Grants.>>  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 jurisdiction of not more than 6 school food 
        authorities approved by the Secretary to--
                    ``(A) reduce paperwork, simplify meal counting 
                requirements, 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, attendance 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 
        participation in pilot projects under this subsection elementary 
        schools under the jurisdiction of not more than 6 nominated 
        school food authorities selected so as to--

[[Page 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 varying family 
                income levels; and
                    ``(C) permit the evaluation of pilot projects to 
                distinguish the effects of the pilot projects from other 
                factors, such as changes or differences in educational 
                policies or programs.
            ``(4) Grants to school food 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 
        availability of funds made available to carry out this 
        subsection, a school food authority receiving amounts under a 
        grant to conduct 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 eligibility, 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 potential 
                program participant, or a school from receiving all of 
                the benefits and protections of this Act, the Child 
                Nutrition 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 established 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 the Secretary 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

[[Page 112 STAT. 3156]]

                      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, and 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 
                Representatives 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 subparagraph (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 of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated such sums as are necessary to carry out 
                this subsection.
                    ``(B) Requirement.--No amounts may be provided under 
                this subsection unless specifically provided in 
                appropriations 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 amended 
        by redesignating subsections (d), (f ), and (i) as subsections 
        (c), (d), and (e), respectively.

[[Page 112 STAT. 3157]]

            (2) Section 101(b) of the Child Nutrition Amendments of 1992 
        (42 U.S.C. 1769 note; Public 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-1(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-1(e)(1)) 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-1(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 
            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) 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.

[[Page 112 STAT. 3158]]

    ``(b) Activities.--The Secretary may carry out activities to help 
accommodate the special dietary needs of individuals with disabilities 
who are participating in a covered program. The activities may include--
            ``(1) developing and disseminating to State agencies 
        guidance and technical assistance materials;
            ``(2) conducting training of State agencies and eligible 
        entities; 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 Nutrition 
Act of 1966 (42 U.S.C. 1776(a)(5)(B)) is amended to read as follows:
                    ``(B) Reallocation of 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) Use of administrative funds.--Funds available to a 
        State under this subsection and under section 13(k)(1) of the 
        National School Lunch Act (42 U.S.C. 1761(k)(1)) 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) and 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 amended by 
        adding at the end the following:

[[Page 112 STAT. 3159]]

                    ``(C) Physical presence.--
                          ``(i) In general.--Except as provided in 
                      clause (ii) and subject to the requirements of the 
                      Americans with Disabilities Act of 1990 (42 U.S.C. 
                      12101 et seq.) and section 504 of the 
                      Rehabilitation 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 recertification determination in order to 
                      determine eligibility under the program.
                          ``(ii) Waivers.--If the agency determines that 
                      the requirement of clause (i) would present an 
                      unreasonable 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 certification 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 certification visit;
                                            ``(bb) was present at a 
                                        certification or recertification 
                                        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 paragraph (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 
                      program 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 documentation of receipt of 
                assistance described in that clause.''.

[[Page 112 STAT. 3160]]

    (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 program 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) by adding at the end the following:
                    ``(B) Sharing of materials.--The Secretary may 
                provide, 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 
                Protection Act of 1973 (7 U.S.C. 612c note; Public Law 
                93-86) 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 compliance investigations of the 
                vendors.''.
            (2) <<NOTE: Deadlines. 42 USC 1786 note.>>  Regulations.--
        The Secretary of Agriculture shall 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

[[Page 112 STAT. 3161]]

                    (B) not later than March 1, 2000, final regulations 
                to carry out section 17(f )(24) of that Act.

    (g) Reauthorization of 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 of 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 
                      purchase 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 amended 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-participant expenditure for nutrition 
        services and administration.--Section 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), by 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 formula in the 
                      State does not vary by more than 5 percent.''.

    (k) Infrastructure and Breastfeeding Promotion and Support 
Activities.--Section 17(h)(10)(A) of the Child Nutrition Act

[[Page 112 STAT. 3162]]

of 1966 (42 U.S.C. 1786(h)(10)(A)) is amended by striking ``1998'' and 
inserting ``2003''.
    (l) 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 
                efficiency 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.
                    ``(B) <<NOTE: Procedures.>>  Subsequent price 
                increases.--The State agency shall establish procedures 
                to ensure that a retail store selected for participation 
                in the program does not subsequently raise prices to 
                levels that would otherwise make the store ineligible 
                for participation in the program.''.
            (2) <<NOTE: Deadlines. 42 USC 1786 note.>>  Regulations.--
        The Secretary of Agriculture shall promulgate--
                    (A) not later than March 1, 1999, proposed 
                regulations to carry out section 17(h)(11) of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1786(h)(11)), as added 
                by paragraph (1); and
                    (B) not later than March 1, 2000, final regulations 
                to carry out section 17(h)(11) 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 
(l)(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 carrying out the program.
                    ``(B) <<NOTE: Deadline.>>  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 Agriculture, 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 
                inserting ``subparagraph (B)''; and

[[Page 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 allocated 
        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 \1/2\ 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 
                ``nutrition 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 
                      subparagraph (C).

    (o) 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 
        ``satisfied 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:

[[Page 112 STAT. 3164]]

            ``(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 subparagraph (G)(i) will 
        increase the rate of coupon redemption.''.
            (3) Ranking 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 
                subparagraph (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 
                      additional 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 of 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 
                electronic benefit transfer card or personal 
                identification number) issued in lieu of a food 
                instrument under this section); or
                    ``(B) selling firearms, ammunition, explosives, or 
                controlled substances (as defined in section 102 of the 
                Controlled Substances Act (21 U.S.C. 802)) in exchange 
                for food instruments (including any item described in 
                subparagraph (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 of 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.--

[[Page 112 STAT. 3165]]

                    ``(A) In general.--A State agency may permit a 
                vendor that, but for this paragraph, would be 
                disqualified under paragraph (1), to continue to 
                participate in the program if the State agency 
                determines, in its sole discretion according 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 (1); 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 
                subparagraph (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 determined 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 violations investigated as part of a single 
                      investigation may not exceed $40,000.''.
            (2) <<NOTE: Deadlines. 42 USC 1786 note.>>  Regulations.--
        The Secretary of Agriculture shall promulgate--
                    (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)(1), 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)(1)(A) issued in lieu 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)(1)(A) 
                issued in lieu of a food instrument under this section), 
                funds, assets, or property.

[[Page 112 STAT. 3166]]

            ``(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 
                transaction 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 owner.--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 Service to initiate and complete the forfeiture 
                proceeding;
                    ``(B) second, to reimburse the Office of Inspector 
                General of the Department of Agriculture 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.-- <<NOTE: 42 USC 1786 
note.>> 
            (1) In general.--The Secretary of Agriculture shall conduct 
        a study on the effect of cost containment practices established 
        by States 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) 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) <<NOTE: Deadlines.>>  Report.--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) 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

[[Page 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 WIC Services.-- <<NOTE: 42 USC 1786 note.>> 
            (1) In general.--The Comptroller General of the United 
        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 
                participants; and
                    (D) the costs incurred for personnel, automation, 
                central support, and other activities to deliver the 
                services and whether the costs meet Federal audit 
                standards for allowable costs under the program.
            (2) <<NOTE: Deadline.>>  Report.--Not later than 3 years 
        after the date of enactment 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 Committee 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 
                appropriated 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; Public 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 types and forms of 
                commodities that are most useful to persons 
                participating in programs described in subsection (a)(2) 
                is collected from recipient agencies operating the 
                programs.

[[Page 112 STAT. 3168]]

                    ``(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 PROGRAMS.

    ``(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 commodities 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 available 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 and 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 available 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

[[Page 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, 
        processing, 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. 16. 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 Administrative 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 connection with 
the commodities received under subsection (a).''.

[[Page 112 STAT. 3170]]

                        TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE. <<NOTE: 42 USC 1755 note.>> 

    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.

                                  <all>