
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-224 Section 242(b)(1),]
[Document affected by Public Law 106-224 Section 244(a)-(e)]
[Document affected by Public Law 106-472 Section 307(b)]
[Document affected by Public Law 106-224 Section 244(f)]
[Document affected by Public Law 106-472 Section 307(b)(2)]
[CITE: 42USC1786]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 13A--CHILD NUTRITION
 
Sec. 1786. Special supplemental nutrition program for women, 
        infants, and children
        

(a) Congressional findings and declaration of purpose

    Congress finds that substantial numbers of pregnant, postpartum, and 
breastfeeding women, infants, and young children from families with 
inadequate income are at special risk with respect to their physical and 
mental health by reason of inadequate nutrition or health care, or both. 
It is, therefore, the purpose of the program authorized by this section 
to provide, up to the authorization levels set forth in subsection (g) 
of this section, supplemental foods and nutrition education through any 
eligible local agency that applies for participation in the program. The 
program shall serve as an adjunct to good health care, during critical 
times of growth and development, to prevent the occurrence of health 
problems, including drug abuse, and improve the health status of these 
persons.

(b) Definitions

    As used in this section--
        (1) ``Breastfeeding women'' means women up to one year 
    postpartum who are breastfeeding their infants.
        (2) ``Children'' means persons who have had their first birthday 
    but have not yet attained their fifth birthday.
        (3) ``Competent professional authority'' means physicians, 
    nutritionists, registered nurses, dietitians, or State or local 
    medically trained health officials, or persons designated by 
    physicians or State or local medically trained health officials, in 
    accordance with standards prescribed by the Secretary, as being 
    competent professionally to evaluate nutritional risk.
        (4) ``Costs for nutrition services and administration'' means 
    costs that shall include, but not be limited to, costs for 
    certification of eligibility of persons for participation in the 
    program (including centrifuges, measuring boards, 
    spectrophotometers, and scales used for the certification), food 
    delivery, monitoring, nutrition education, outreach, startup costs, 
    and general administration applicable to implementation of the 
    program under this section, such as the cost of staff, 
    transportation, insurance, developing and printing food instruments, 
    and administration of State and local agency offices.
        (5) ``Infants'' means persons under one year of age.
        (6) ``Local agency'' means a public health or welfare agency or 
    a private nonprofit health or welfare agency, which, directly or 
    through an agency or physician with which it has contracted, 
    provides health services. The term shall include an Indian tribe, 
    band, or group recognized by the Department of the Interior, the 
    Indian Health Service of the Department of Health and Human 
    Services, or an intertribal council or group that is an authorized 
    representative of Indian tribes, bands, or groups recognized by the 
    Department of the Interior.
        (7) ``Nutrition education'' means individual or group sessions 
    and the provision of materials designed to improve health status 
    that achieve positive change in dietary habits, and emphasize 
    relationships between nutrition and health, all in keeping with the 
    individual's personal, cultural, and socioeconomic preferences.
        (8) ``Nutritional risk'' means (A) detrimental or abnormal 
    nutritional conditions detectable by biochemical or anthropometric 
    measurements, (B) other documented nutritionally related medical 
    conditions, (C) dietary deficiencies that impair or endanger health, 
    (D) conditions that directly affect the nutritional health of a 
    person, such as alcoholism or drug abuse, or (E) conditions that 
    predispose persons to inadequate nutritional patterns or 
    nutritionally related medical conditions, including, but not limited 
    to, homelessness and migrancy.
        (9) ``Plan of operation and administration'' means a document 
    that describes the manner in which the State agency intends to 
    implement and operate the program.
        (10) ``Postpartum women'' means women up to six months after 
    termination of pregnancy.
        (11) ``Pregnant women'' means women determined to have one or 
    more fetuses in utero.
        (12) ``Secretary'' means the Secretary of Agriculture.
        (13) ``State agency'' means the health department or comparable 
    agency of each State; an Indian tribe, band, or group recognized by 
    the Department of the Interior; an intertribal council or group that 
    is the authorized representative of Indian tribes, bands, or groups 
    recognized by the Department of the Interior; or the Indian Health 
    Service of the Department of Health and Human Services.
        (14) ``Supplemental foods'' means those foods containing 
    nutrients determined by nutritional research to be lacking in the 
    diets of pregnant, breastfeeding, and postpartum women, infants, and 
    children, as prescribed by the Secretary. State agencies may, with 
    the approval of the Secretary, substitute different foods providing 
    the nutritional equivalent of foods prescribed by the Secretary, to 
    allow for different cultural eating patterns.
        (15) ``Homeless individual'' means--
            (A) an individual who lacks a fixed and regular nighttime 
        residence; or
            (B) an individual whose primary nighttime residence is--
                (i) a supervised publicly or privately operated shelter 
            (including a welfare hotel or congregate shelter) designed 
            to provide temporary living accommodations;
                (ii) an institution that provides a temporary residence 
            for individuals intended to be institutionalized;
                (iii) a temporary accommodation of not more than 365 
            days in the residence of another individual; or
                (iv) a public or private place not designed for, or 
            ordinarily used as, a regular sleeping accommodation for 
            human beings.

        (16) ``Drug abuse education'' means--
            (A) the provision of information concerning the dangers of 
        drug abuse; and
            (B) the referral of participants who are suspected drug 
        abusers to drug abuse clinics, treatment programs, counselors, 
        or other drug abuse professionals.

        (17) ``Competitive bidding'' means a procurement process under 
    which the Secretary or a State agency selects a single source (a 
    single infant formula manufacturer) offering the lowest price, as 
    determined by the submission of sealed bids, for a product for which 
    bids are sought for use in the program authorized by this section.
        (18) ``Rebate'' means the amount of money refunded under cost 
    containment procedures to any State agency from the manufacturer or 
    other supplier of the particular food product as the result of the 
    purchase of the supplemental food with a voucher or other purchase 
    instrument by a participant in each such agency's program 
    established under this section.
        (19) ``Discount'' means, with respect to a State agency that 
    provides program foods to participants without the use of retail 
    grocery stores (such as a State that provides for the home delivery 
    or direct distribution of supplemental food), the amount of the 
    price reduction or other price concession provided to any State 
    agency by the manufacturer or other supplier of the particular food 
    product as the result of the purchase of program food by each such 
    State agency, or its representative, from the supplier.
        (20) ``Net price'' means the difference between the 
    manufacturer's wholesale price for infant formula and the rebate 
    level or the discount offered or provided by the manufacturer under 
    a cost containment contract entered into with the pertinent State 
    agency.

(c) Grants-in-aid; cash grants; ratable reduction of amount an agency 
        may distribute; affirmative action; regulations relating to dual 
        receipt of benefits under commodity supplemental food program

    (1) The Secretary may carry out a special supplemental nutrition 
program to assist State agencies through grants-in-aid and other means 
to provide, through local agencies, at no cost, supplemental foods and 
nutrition education to low-income pregnant, postpartum, and 
breastfeeding women, infants, and children who satisfy the eligibility 
requirements specified in subsection (d) of this section. The program 
shall be supplementary to--
        (A) the food stamp program;
        (B) any program under which foods are distributed to needy 
    families in lieu of food stamps; and
        (C) receipt of food or meals from soup kitchens, or shelters, or 
    other forms of emergency food assistance.

    (2) Subject to amounts appropriated to carry out this section under 
subsection (g) of this section--
        (A) the Secretary shall make cash grants to State agencies for 
    the purpose of administering the program, and
        (B) any State agency approved eligible local agency that applies 
    to participate in or expand the program under this section shall 
    immediately be provided with the necessary funds to carry out the 
    program.

    (3) Nothing in this subsection shall be construed to permit the 
Secretary to reduce ratably the amount of foods that an eligible local 
agency shall distribute under the program to participants. The Secretary 
shall take affirmative action to ensure that the program is instituted 
in areas most in need of supplemental foods. The existence of a 
commodity supplemental food program under section 4 of the Agriculture 
and Consumer Protection Act of 1973 shall not preclude the approval of 
an application from an eligible local agency to participate in the 
program under this section nor the operation of such program within the 
same geographic area as that of the commodity supplemental food program, 
but the Secretary shall issue such regulations as are necessary to 
prevent dual receipt of benefits under the commodity supplemental food 
program and the program under this section.
    (4) A State shall be ineligible to participate in programs 
authorized under this section if the Secretary determines that State or 
local sales taxes are collected within the State on purchases of food 
made to carry out this section.

(d) Eligible participants

    (1) Participation in the program under this section shall be limited 
to pregnant, postpartum, and breastfeeding women, infants, and children 
from low-income families who are determined by a competent professional 
authority to be at nutritional risk.
    (2)(A) The Secretary shall establish income eligibility standards to 
be used in conjunction with the nutritional risk criteria in determining 
eligibility of individuals for participation in the program. Any 
individual at nutritional risk shall be eligible for the program under 
this section only if such individual--
        (i) is a member of a family with an income that is less than the 
    maximum income limit prescribed under section 1758(b) of this title 
    for free and reduced price meals;
        (ii)(I) receives food stamps under the Food Stamp Act of 1977 [7 
    U.S.C. 2011 et seq.]; or
        (II) is a member of a family that receives assistance under the 
    State program funded under part A of title IV of the Social Security 
    Act [42 U.S.C. 601 et seq.] that the Secretary determines complies 
    with standards established by the Secretary that ensure that the 
    standards under the State program are comparable to or more 
    restrictive than those in effect on June 1, 1995; or
        (iii)(I) receives medical assistance under title XIX of the 
    Social Security Act [42 U.S.C. 1396 et seq.]; or
        (II) is a member of a family in which a pregnant woman or an 
    infant receives such assistance.

    (B) For the purpose of determining income eligibility under this 
section, any State agency may choose to exclude from income any basic 
allowance for quarters received by military service personnel residing 
off military installations.
    (C) In the case of a pregnant woman who is otherwise ineligible for 
participation in the program because the family of the woman is of 
insufficient size to meet the income eligibility standards of the 
program, the pregnant woman shall be considered to have satisfied the 
income eligibility standards if, by increasing the number of individuals 
in the family of the woman by 1 individual, the income eligibility 
standards would be met.
    (3)(A) Persons shall be certified for participation in accordance 
with general procedures prescribed by the Secretary.
    (B) A State may consider pregnant women who meet the income 
eligibility standards to be presumptively eligible to participate in the 
program and may certify the women for participation immediately, without 
delaying certification until an evaluation is made concerning 
nutritional risk. A nutritional risk evaluation of such a woman shall be 
completed not later than 60 days after the woman is certified for 
participation. If it is subsequently determined that the woman does not 
meet nutritional risk criteria, the certification of the woman shall 
terminate on the date of the determination.
    (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 794 of title 29, 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.

    (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.

    (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.

(e) Nutrition education and drug abuse education

    (1) The State agency shall ensure that nutrition education and drug 
abuse education is provided to all pregnant, postpartum, and 
breastfeeding participants in the program and to parents or caretakers 
of infant and child participants in the program. The State agency may 
also provide nutrition education and drug abuse education to pregnant, 
postpartum, and breastfeeding women and to parents or caretakers of 
infants and children enrolled at local agencies operating the program 
under this section who do not participate in the program. 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.
    (2) The Secretary shall prescribe standards to ensure that adequate 
nutrition education services and breastfeeding promotion and support are 
provided. The State agency shall provide training to persons providing 
nutrition education under this section.
    (3) Nutrition education materials.--
        (A) In general.--The Secretary shall, after submitting proposed 
    nutrition education materials to the Secretary of Health and Human 
    Services for comment, issue such materials for use in the program 
    under this section.
        (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.

    (4) The State agency--
        (A) shall provide each local agency with materials showing the 
    maximum income limits, according to family size, applicable to 
    pregnant women, infants, and children up to age 5 under the medical 
    assistance program established under title XIX of the Social 
    Security Act [42 U.S.C. 1396 et seq.] (in this section referred to 
    as the ``medicaid program'');
        (B) shall provide to individuals applying for the program under 
    this section, or reapplying at the end of their certification 
    period, written information about the medicaid program and referral 
    to such program or to agencies authorized to determine presumptive 
    eligibility for such program, if such individuals are not 
    participating in such program and appear to have family income below 
    the applicable maximum income limits for such program; and
        (C) may provide a local agency with materials describing other 
    programs for which a participant in the program may be eligible.

    (5) Each local agency shall maintain and make available for 
distribution a list of local resources for substance abuse counseling 
and treatment.

(f) Plan of operation and administration by State agency

    (1)(A) Each State agency shall submit to the Secretary, by a date 
specified by the Secretary, an initial plan of operation and 
administration for a fiscal year. After submitting the initial plan, a 
State shall be required to submit to the Secretary for approval only a 
substantive change in the plan.
    (B) To be eligible to receive funds under this section for a fiscal 
year, a State agency must receive the approval of the Secretary for the 
plan submitted for the fiscal year.
    (C) The plan shall include--
        (i) a description of the food delivery system of the State 
    agency and the method of enabling participants to receive 
    supplemental foods under the program, to be administered in 
    accordance with standards developed by the Secretary;
        (ii) a description of the financial management system of the 
    State agency;
        (iii) a plan to coordinate operations under the program with 
    other services or programs that may benefit participants in, and 
    applicants for, the program;
        (iv) a plan to provide program benefits under this section to, 
    and to meet the special nutrition education needs of, eligible 
    migrants, homeless individuals, and Indians;
        (v) a plan to expend funds to carry out the program during the 
    relevant fiscal year;
        (vi) a plan to provide program benefits under this section to 
    unserved and underserved areas in the State (including a plan to 
    improve access to the program for participants and prospective 
    applicants who are employed, or who reside in rural areas), if 
    sufficient funds are available to carry out this clause;
        (vii) a plan for reaching and enrolling eligible women in the 
    early months of pregnancy, including provisions to reach and enroll 
    eligible migrants;
        (viii) a plan to provide program benefits under this section to 
    unserved infants and children under the care of foster parents, 
    protective services, or child welfare authorities, including infants 
    exposed to drugs perinatally;
        (ix) a plan to provide nutrition education and promote 
    breastfeeding; and
        (x) such other information as the Secretary may reasonably 
    require.

    (D) The Secretary may not approve any plan that permits a person to 
participate simultaneously in both the program authorized under this 
section and the commodity supplemental food program authorized under 
sections 4 and 5 of the Agriculture and Consumer Protection Act of 1973 
(7 U.S.C. 612c note).
    (2) A State agency shall establish a procedure under which members 
of the general public are provided an opportunity to comment on the 
development of the State agency plan.
    (3) The Secretary shall establish procedures under which eligible 
migrants may, to the maximum extent feasible, continue to participate in 
the program under this section when they are present in States other 
than the State in which they were originally certified for participation 
in the program and shall ensure that local programs provide priority 
consideration to serving migrant participants who are residing in the 
State for a limited period of time. Each State agency shall be 
responsible for administering the program for migrant populations within 
its jurisdiction.
    (4) State agencies shall submit monthly financial reports and 
participation data to the Secretary.
    (5) State and local agencies operating under the program shall keep 
such accounts and records, including medical records, as may be 
necessary to enable the Secretary to determine whether there has been 
compliance with this section and to determine and evaluate the benefits 
of the nutritional assistance provided under this section. Such accounts 
and records shall be available at any reasonable time for inspection and 
audit by representatives of the Secretary and shall be preserved for 
such period of time, not in excess of five years, as the Secretary 
determines necessary.
    (6)(A) Local agencies participating in the program under this 
section shall notify persons of their eligibility or ineligibility for 
the program within twenty days of the date that the household, during 
office hours of a local agency, personally makes an oral or written 
request to participate in the program. The Secretary shall establish a 
shorter notification period for categories of persons who, due to 
special nutritional risk conditions, must receive benefits more 
expeditiously.
    (B) State agencies may provide for the delivery of vouchers to any 
participant who is not scheduled for nutrition education counseling or a 
recertification interview through means, such as mailing, that do not 
require the participant to travel to the local agency to obtain 
vouchers. The State agency shall describe any plans for issuance of 
vouchers by mail in its plan submitted under paragraph (1). The 
Secretary may disapprove a State plan with respect to the issuance of 
vouchers by mail in any specified jurisdiction or part of a jurisdiction 
within a State only if the Secretary finds that such issuance would pose 
a significant threat to the integrity of the program under this section 
in such jurisdiction or part of a jurisdiction.
    (7)(A) The State agency shall, in cooperation with participating 
local agencies, publicly announce and distribute information on the 
availability of program benefits (including the eligibility criteria for 
participation and the location of local agencies operating the program) 
to offices and organizations that deal with significant numbers of 
potentially eligible individuals (including health and medical 
organizations, hospitals and clinics, welfare and unemployment offices, 
social service agencies, farmworker organizations, Indian tribal 
organizations, organizations and agencies serving homeless individuals 
and shelters for victims of domestic violence, and religious and 
community organizations in low income areas).
    (B) The information shall be publicly announced by the State agency 
and by local agencies at least annually.
    (C) The State agency and local agencies shall distribute the 
information in a manner designed to provide the information to 
potentially eligible individuals who are most in need of the benefits, 
including pregnant women in the early months of pregnancy.
    (D) Each local agency operating the program within a hospital and 
each local agency operating the program that has a cooperative 
arrangement with a hospital shall--
        (i) advise potentially eligible individuals that receive 
    inpatient or outpatient prenatal, maternity, or postpartum services, 
    or accompany a child under the age of 5 who receives well-child 
    services, of the availability of program benefits; and
        (ii) to the extent feasible, provide an opportunity for 
    individuals who may be eligible to be certified within the hospital 
    for participation in such program.

    (8)(A) The State agency shall grant a fair hearing, and a prompt 
determination thereafter, in accordance with regulations issued by the 
Secretary, to any applicant, participant, or local agency aggrieved by 
the action of a State or local agency as it affects participation.
    (B) Any State agency that must suspend or terminate benefits to any 
participant during the participant's certification period due to a 
shortage of funds for the program shall first issue a notice to such 
participant.
    (9) If an individual certified as eligible for participation in the 
program under this section in one area moves to another area in which 
the program is operating, that individual's certification of eligibility 
shall remain valid for the period for which the individual was 
originally certified.
    (10) The Secretary shall establish standards for the proper, 
efficient, and effective administration of the program. If the Secretary 
determines that a State agency has failed without good cause to 
administer the program in a manner consistent with this section or to 
implement the approved plan of operation and administration under this 
subsection, the Secretary may withhold such amounts of the State 
agency's funds for nutrition services and administration as the 
Secretary deems appropriate. Upon correction of such failure during a 
fiscal year by a State agency, any funds so withheld for such fiscal 
year shall be provided the State agency.
    (11) The Secretary shall prescribe by regulation the supplemental 
foods to be made available in the program under this section. To the 
degree possible, the Secretary shall assure that the fat, sugar, and 
salt content of the prescribed foods is appropriate.
    (12) A competent professional authority shall be responsible for 
prescribing the appropriate supplemental foods, taking into account 
medical and nutritional conditions and cultural eating patterns, and, in 
the case of homeless individuals, the special needs and problems of such 
individuals.
    (13) The State agency may (A) provide nutrition education, 
breastfeeding promotion, and drug abuse education materials and 
instruction in languages other than English and (B) use appropriate 
foreign language materials in the administration of the program, in 
areas in which a substantial number of low-income households speak a 
language other than English.
    (14) If a State agency determines that a member of a family has 
received an overissuance of food benefits under the program authorized 
by this section as the result of such member intentionally making a 
false or misleading statement or intentionally misrepresenting, 
concealing, or withholding facts, the State agency shall recover, in 
cash, from such member an amount that the State agency determines is 
equal to the value of the overissued food benefits, unless the State 
agency determines that the recovery of the benefits would not be cost 
effective.
    (15) To be eligible to participate in the program authorized by this 
section, a manufacturer of infant formula that supplies formula for the 
program shall--
        (A) register with the Secretary of Health and Human Services 
    under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et 
    seq.]; and
        (B) before bidding for a State contract to supply infant formula 
    for the program, certify with the State health department that the 
    formula complies with such Act and regulations issued pursuant to 
    such Act.

    (16) The State agency may adopt methods of delivering benefits to 
accommodate the special needs and problems of homeless individuals.
    (17) Notwithstanding subsection (d)(2)(A)(i) of this section, not 
later than July 1 of each year, a State agency may implement income 
eligibility guidelines under this section concurrently with the 
implementation of income eligibility guidelines under the medicaid 
program established under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.).
    (18) Each local agency participating in the program under this 
section may provide information about other potential sources of food 
assistance in the local area to individuals who apply in person to 
participate in the program under this section, but who cannot be served 
because the program is operating at capacity in the local area.
    (19) The State agency shall adopt policies that--
        (A) require each local agency to attempt to contact each 
    pregnant woman who misses an appointment to apply for participation 
    in the program under this section, in order to reschedule the 
    appointment, unless the phone number and the address of the woman 
    are unavailable to such local agency; and
        (B) in the case of local agencies that do not routinely schedule 
    appointments for individuals seeking to apply or be recertified for 
    participation in the program under this section, require each such 
    local agency to schedule appointments for each employed individual 
    seeking to apply or be recertified for participation in such program 
    so as to minimize the time each such individual is absent from the 
    workplace due to such application or request for recertification.

    (20) Each State agency shall conduct monitoring reviews of each 
local agency at least biennially.
    (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.

    (22) The Secretary and the Secretary of Health and Human Services 
shall carry out an initiative to assure that, in a case in which a State 
medicaid program uses coordinated care providers under a contract 
entered into under section 1903(m), or a waiver granted under section 
1915(b), of the Social Security Act (42 U.S.C. 1396b(m) or 1396n(b)), 
coordination between the program authorized by this section and the 
medicaid program is continued, including--
        (A) the referral of potentially eligible women, infants, and 
    children between the 2 programs; and
        (B) the timely provision of medical information related to the 
    program authorized by this section to agencies carrying out the 
    program.

    (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.
    (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.

(g) Authorization of appropriations; allocation of funds; estimate of 
        families having income below limit for participation

    (1) There are authorized to be appropriated to carry out this 
section $2,158,000,000 for the fiscal year 1990, and such sums as may be 
necessary for each of the fiscal years 1995 through 2003. As authorized 
by section 1752 of this title, appropriations to carry out the 
provisions of this section may be made not more than 1 year in advance 
of the beginning of the fiscal year in which the funds will become 
available for disbursement to the States, and shall remain available for 
the purposes for which appropriated until expended.
    (2)(A) Notwithstanding any other provision of law, unless enacted in 
express limitation of this subparagraph, the Secretary--
        (i) in the case of legislation providing funds through the end 
    of a fiscal year, shall issue--
            (I) an initial allocation of funds provided by the enactment 
        of such legislation not later than the expiration of the 15-day 
        period beginning on the date of the enactment of such 
        legislation; and
            (II) subsequent allocations of funds provided by the 
        enactment of such legislation not later than the beginning of 
        each of the second, third, and fourth quarters of the fiscal 
        year; and

        (ii) in the case of legislation providing funds for a period 
    that ends prior to the end of a fiscal year, shall issue an initial 
    allocation of funds provided by the enactment of such legislation 
    not later than the expiration of the 10-day period beginning on the 
    date of the enactment of such legislation.

    (B) In any fiscal year--
        (i) unused amounts from a prior fiscal year that are identified 
    by the end of the first quarter of the fiscal year shall be 
    recovered and reallocated not later than the beginning of the second 
    quarter of the fiscal year; and
        (ii) unused amounts from a prior fiscal year that are identified 
    after the end of the first quarter of the fiscal year shall be 
    recovered and reallocated on a timely basis.

    (3) Notwithstanding any other provision of law, unless enacted in 
express limitation of this paragraph--
        (A) the allocation of funds required by paragraph (2)(A)(i)(I) 
    shall include not less than \1/3\ of the amounts appropriated by the 
    legislation described in such paragraph;
        (B) the allocations of funds required by paragraph (2)(A)(i)(II) 
    to be made not later than the beginning of the second and third 
    quarters of the fiscal year shall each include not less than \1/4\ 
    of the amounts appropriated by the legislation described in such 
    paragraph; and
        (C) in the case of the enactment of legislation providing 
    appropriations for a period of not more than 4 months, the 
    allocation of funds required by paragraph (2)(A)(ii) shall include 
    all amounts appropriated by such legislation except amounts reserved 
    by the Secretary for purposes of carrying out paragraph (5).

    (4) Of the sums appropriated for any fiscal year for programs 
authorized under this section, not less than nine-tenths of 1 percent 
shall be available first for services to eligible members of migrant 
populations. The migrant services shall be provided in a manner 
consistent with the priority system of a State for program 
participation.
    (5) Of the sums appropriated for any fiscal year for the program 
under this section, one-half of 1 percent, not to exceed $5,000,000, 
shall be available to the Secretary for the purpose of evaluating 
program performance, evaluating health benefits, preparing reports on 
program participant characteristics, providing technical assistance to 
improve State agency administrative systems, administration of pilot 
projects, including projects designed to meet the special needs of 
migrants, Indians, and rural populations, and carrying out technical 
assistance and research evaluation projects of the programs under this 
section.

(h) Funds for nutrition services and administration

    (1)(A) Each fiscal year, the Secretary shall make available, from 
amounts appropriated for such fiscal year under subsection (g)(1) of 
this section and amounts remaining from amounts appropriated under such 
subsection for the preceding fiscal year, an amount sufficient to 
guarantee a national average per participant grant to be allocated among 
State agencies for costs incurred by State and local agencies for 
nutrition services and administration for such year.
    (B)(i) The amount of the national average per participant grant for 
nutrition services and administration for any fiscal year shall be an 
amount equal to the amount of the national average per participant grant 
for nutrition services and administration issued for the fiscal year 
1987, as adjusted.
    (ii) Such adjustment, for any fiscal year, shall be made by revising 
the national average per participant grant for nutrition services and 
administration for the fiscal year 1987 to reflect the percentage change 
between--
        (I) the value of the index for State and local government 
    purchases, using the implicit price deflator, as published by the 
    Bureau of Economic Analysis of the Department of Commerce, for the 
    12-month period ending June 30, 1986; and
        (II) the best estimate that is available as of the start of the 
    fiscal year of the value of such index for the 12-month period 
    ending June 30 of the previous fiscal year.

    (C) Remaining amounts.--
        (i) In general.--Except as provided in clause (ii), in any 
    fiscal year, amounts remaining from amounts appropriated for such 
    fiscal year under subsection (g)(1) of this section and from amounts 
    appropriated under such section for the preceding fiscal year, after 
    carrying out subparagraph (A), shall be made available for food 
    benefits under this section, except to the extent that such amounts 
    are needed to carry out the purposes of subsections (g)(4) and 
    (g)(5) of this section.
        (ii) Breast pumps.--A State agency may use amounts made 
    available under clause (i) for the purchase of breast pumps.

    (2)(A) For each of the fiscal years 1995 through 2003, the Secretary 
shall allocate to each State agency from the amount described in 
paragraph (1)(A) an amount for costs of nutrition services and 
administration on the basis of a formula prescribed by the Secretary. 
Such formula--
        (i) shall be designed to take into account--
            (I) the varying needs of each State;
            (II) the number of individuals participating in each State; 
        and
            (III) other factors which serve to promote the proper, 
        efficient, and effective administration of the program under 
        this section;

        (ii) shall provide for each State agency--
            (I) an estimate of the number of participants for the fiscal 
        year involved; and
            (II) a per participant grant for nutrition services and 
        administration for such year;

        (iii) shall provide for a minimum grant amount for State 
    agencies; and
        (iv) may provide funds to help defray reasonable anticipated 
    expenses associated with innovations in cost containment or 
    associated with procedures that tend to enhance competition.

    (B)(i) Except as provided in clause (ii) and subparagraph (C), in 
any fiscal year, the total amount allocated to a State agency for costs 
of nutrition services and administration under the formula prescribed by 
the Secretary under subparagraph (A) shall constitute the State agency's 
operational level for such costs for such year even if the number of 
participants in the program at such agency is lower than the estimate 
provided under subparagraph (A)(ii)(I).
    (ii) If a State agency's per participant expenditure for nutrition 
services and administration is more than 10 percent (except that the 
Secretary may establish a higher percentage for State agencies that are 
small) higher than its per participant grant for nutrition services and 
administration without good cause, the Secretary may reduce such State 
agency's operational level for costs of nutrition services and 
administration.
    (C) In any fiscal year, the Secretary may reallocate amounts 
provided to State agencies under subparagraph (A) for such fiscal year. 
When reallocating amounts under the preceding sentence, the Secretary 
may provide additional amounts to, or recover amounts from, any State 
agency.
    (3)(A) Except as provided in subparagraphs (B) and (C), in each 
fiscal year, each State agency shall expend--
        (i) for nutrition education activities and breastfeeding 
    promotion and support activities, an aggregate amount that is not 
    less than the sum of--
            (I) \1/6\ of the amounts expended by the State for costs of 
        nutrition services and administration; and
            (II) except as otherwise provided in subparagraphs (F) and 
        (G), an amount equal to a proportionate share of the national 
        minimum breastfeeding promotion expenditure, as described in 
        subparagraph (E), with each State's share determined on the 
        basis of the number of pregnant women and breastfeeding women in 
        the program in the State as a percentage of the number of 
        pregnant women and breastfeeding women in the program in all 
        States; and

        (ii) for breastfeeding promotion and support activities an 
    amount that is not less than the amount determined for such State 
    under clause (i)(II).

    (B) The Secretary may authorize a State agency to expend an amount 
less than the amount described in subparagraph (A)(ii) for purposes of 
breastfeeding promotion and support activities if--
        (i) the State agency so requests; and
        (ii) the request is accompanied by documentation that other 
    funds will be used to conduct nutrition education activities at a 
    level commensurate with the level at which such activities would be 
    conducted if the amount described in subparagraph (A)(ii) were 
    expended for such activities.

    (C) The Secretary may authorize a State agency to expend for 
purposes of nutrition education an amount that is less than the 
difference between the aggregate amount described in subparagraph (A) 
and the amount expended by the State for breastfeeding promotion and 
support programs if--
        (i) the State agency so requests; and
        (ii) the request is accompanied by documentation that other 
    funds will be used to conduct such activities.

    (D) The Secretary shall limit to a minimal level any documentation 
required under this paragraph.
    (E) For each fiscal year, the national minimum breastfeeding 
promotion expenditure means an amount that is--
        (i) equal to $21 multiplied by the number of pregnant women and 
    breastfeeding women participating in the program nationwide, based 
    on the average number of pregnant women and breastfeeding women so 
    participating during the last 3 months for which the Secretary has 
    final data; and
        (ii) adjusted for inflation on October 1, 1996, and each October 
    1 thereafter, in accordance with paragraph (1)(B)(ii).

    (4) The Secretary shall--
        (A) in consultation with the Secretary of Health and Human 
    Services, develop a definition of breastfeeding for the purposes of 
    the program under this section;
        (B) authorize the purchase of breastfeeding aids by State and 
    local agencies as an allowable expense under nutrition services and 
    administration;
        (C) require each State agency to designate an agency staff 
    member to coordinate breastfeeding promotion efforts identified in 
    the State plan of operation and administration;
        (D) require the State agency to provide training on the 
    promotion and management of breastfeeding to staff members of local 
    agencies who are responsible for counseling participants in the 
    program under this section concerning breastfeeding; and
        (E) not later than 1 year after November 2, 1994, develop 
    uniform requirements for the collection of data regarding the 
    incidence and duration of breastfeeding among participants in the 
    program.

    (5)(A) Subject to subparagraph (B), in any fiscal year that a State 
agency 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, 
convert amounts allocated for food benefits for such fiscal year for 
costs of nutrition services and administration to the extent that such 
conversion is necessary--
        (i) to cover allowable expenditures in such fiscal year; and
        (ii) to ensure that the State agency maintains the level 
    established for the per participant grant for nutrition services and 
    administration for such fiscal year.

    (B) If a State agency increases its participation level through 
measures that are not in the nutritional interests of participants or 
not otherwise allowable (such as reducing the quantities of foods 
provided for reasons not related to nutritional need), the Secretary may 
refuse to allow the State agency to convert amounts allocated for food 
benefits to defray costs of nutrition services and administration.
    (C) For the purposes of this paragraph, the term ``acceptable 
measures'' includes use of cost containment measures, curtailment of 
vendor abuse, and breastfeeding promotion activities.
    (6) In each fiscal year, each State agency shall provide, from the 
amounts allocated to such agency for such year for costs of nutrition 
services and administration, an amount to each local agency for its 
costs of nutrition services and administration. The amount to be 
provided to each local agency under the preceding sentence shall be 
determined under allocation standards developed by the State agency in 
cooperation with the several local agencies, taking into account factors 
deemed appropriate to further proper, efficient, and effective 
administration of the program, such as--
        (A) local agency staffing needs;
        (B) density of population;
        (C) number of individuals served; and
        (D) availability of administrative support from other sources.

    (7) The State agency may provide in advance to any local agency any 
amounts for nutrition services and administration deemed necessary for 
successful commencement or significant expansion of program operations 
during a reasonable period following approval of--
        (A) a new local agency;
        (B) a new cost containment measure; or
        (C) a significant change in an existing cost containment 
    measure.

    (8)(A)(i) Except as provided in subparagraphs (B) and (C)(iii), any 
State that provides for the purchase of foods under the program at 
retail grocery stores shall, with respect to the procurement of infant 
formula, use--
        (I) a competitive bidding system; or
        (II) any other cost containment measure that yields savings 
    equal to or greater than savings generated by a competitive bidding 
    system when such savings are determined by comparing the amounts of 
    savings that would be provided over the full term of contracts 
    offered in response to a single invitation to submit both 
    competitive bids and bids for other cost containment systems for the 
    sale of infant formula.

    (ii) In determining whether a cost containment measure other than 
competitive bidding yields equal or greater savings, the State, in 
accordance with regulations issued by the Secretary, may take into 
account other cost factors (in addition to rebate levels and procedures 
for adjusting rebate levels when wholesale price levels rise), such as--
        (I) the number of infants who would not be expected to receive 
    the contract brand of infant formula under a competitive bidding 
    system;
        (II) the number of cans of infant formula for which no rebate 
    would be provided under another rebate system; and
        (III) differences in administrative costs relating to the 
    implementation of the various cost containment systems (such as 
    costs of converting a computer system for the purpose of operating a 
    cost containment system and costs of preparing participants for 
    conversion to a new or alternate cost containment system).

    (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.
    (B)(i) The Secretary shall waive the requirement of subparagraph (A) 
in the case of any State that demonstrates to the Secretary that--
        (I) compliance with subparagraph (A) would be inconsistent with 
    efficient or effective operation of the program operated by such 
    State under this section; or
        (II) the amount by which the savings yielded by an alternative 
    cost containment system would be less than the savings yielded by a 
    competitive bidding system is sufficiently minimal that the 
    difference is not significant.

    (ii) The Secretary shall prescribe criteria under which a waiver may 
be granted pursuant to clause (i).
    (iii) The Secretary shall provide information on a timely basis to 
the Committee on Education and Labor of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of the Senate on 
waivers that have been granted under clause (i).
    (C)(i) The Secretary shall provide technical assistance to small 
Indian State agencies carrying out this paragraph in order to assist 
such agencies to achieve the maximum cost containment savings feasible.
    (ii) The Secretary shall also provide technical assistance, on 
request, to State agencies that desire to consider a cost containment 
system that covers more than 1 State agency.
    (iii) The Secretary may waive the requirement of subparagraph (A) in 
the case of any Indian State agency that has not more than 1,000 
participants.
    (D) No State may enter into a cost containment contract (in this 
subparagraph referred to as the ``original contract'') that prescribes 
conditions that would void, reduce the savings under, or otherwise limit 
the original contract if the State solicited or secured bids for, or 
entered into, a subsequent cost containment contract to take effect 
after the expiration of the original contract.
    (E) The Secretary shall offer to solicit bids on behalf of State 
agencies regarding cost-containment contracts to be entered into by 
infant formula manufacturers and State agencies. The Secretary shall 
make the offer to State agencies once every 12 months. Each such bid 
solicitation shall only take place if two or more State agencies request 
the Secretary to perform the solicitation. For such State agencies, the 
Secretary shall solicit bids and select the winning bidder for a cost 
containment contract to be entered into by State agencies and infant 
formula manufacturers or suppliers.
    (F) In soliciting bids for contracts for infant formula for the 
program authorized by this section, the Secretary shall solicit bids 
from infant formula manufacturers under procedures in which bids for 
rebates or discounts are solicited for milk-based and soy-based infant 
formula, separately, except where the Secretary determines that such 
solicitation procedures are not in the best interest of the program.
    (G) To reduce the costs of any supplemental foods, the Secretary may 
make available additional funds to State agencies out of the funds 
otherwise available under paragraph (1)(A) for nutrition services and 
administration in an amount not exceeding one half of 1 percent of the 
amounts to help defray reasonable anticipated expenses associated with 
innovations in cost containment or associated with procedures that tend 
to enhance competition.
    (H)(i) Any person, company, corporation, or other legal entity that 
submits a bid to supply infant formula to carry out the program 
authorized by this section and announces or otherwise discloses the 
amount of the bid, or the rebate or discount practices of such entities, 
in advance of the time the bids are opened by the Secretary or the State 
agency, or any person, company, corporation, or other legal entity that 
makes a statement (prior to the opening of bids) relating to levels of 
rebates or discounts, for the purpose of influencing a bid submitted by 
any other person, shall be ineligible to submit bids to supply infant 
formula to the program for the bidding in progress for up to 2 years 
from the date the bids are opened and shall be subject to a civil 
penalty of up to $100,000,000, as determined by the Secretary to provide 
restitution to the program for harm done to the program. The Secretary 
shall issue regulations providing such person, company, corporation, or 
other legal entity appropriate notice, and an opportunity to be heard 
and to respond to charges.
    (ii) The Secretary shall determine the length of the 
disqualification, and the amount of the civil penalty referred to in 
clause (i) based on such factors as the Secretary by regulation 
determines appropriate.
    (iii) Any person, company, corporation, or other legal entity 
disqualified under clause (i) shall remain obligated to perform any 
requirements under any contract to supply infant formula existing at the 
time of the disqualification and until each such contract expires by its 
terms.
    (I) Not later than the expiration of the 180-day period beginning on 
October 24, 1992, the Secretary shall prescribe regulations to carry out 
this paragraph.
    (J) A State shall not incur any interest liability to the Federal 
Government on rebate funds for infant formula and other foods if all 
interest earned by the State on the funds is used for program purposes.
    (9) For purposes of this subsection, the term ``cost containment 
measure'' means a competitive bidding, rebate, direct distribution, or 
home delivery system implemented by a State agency as described in its 
approved plan of operation and administration.
    (10)(A) For each of fiscal years 1995 through 2003, the Secretary 
shall use for the purposes specified in subparagraph (B), $10,000,000 or 
the amount of nutrition services and administration funds and 
supplemental foods funds for the prior fiscal year that has not been 
obligated, whichever is less.
    (B) Funds under subparagraph (A) shall be used for--
        (i) development of infrastructure for the program under this 
    section, including management information systems;
        (ii) special State projects of regional or national significance 
    to improve the services of the program under this section; and
        (iii) special breastfeeding support and promotion projects, 
    including projects to assess the effectiveness of particular 
    breastfeeding promotion strategies and to develop State or local 
    agency capacity or facilities to provide quality breastfeeding 
    services.

    (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) 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.

    (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) Report.--Not later than 2 years after October 31, 1998, 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.

(i) Division of funds formula; reallocation of unspent funds; use of 
        State allocation to buy supplemental foods; use of amounts 
        available for succeeding fiscal year

    (1) By the beginning of each fiscal year, the Secretary shall 
divide, among the State agencies, the amounts made available for food 
benefits under subsection (h)(1)(C) of this section on the basis of a 
formula determined by the Secretary.
    (2) Each State agency's allocation, as so determined, shall 
constitute the State agency's authorized operational level for that 
year, except that the Secretary shall reallocate funds periodically if 
the Secretary determines that a State agency is unable to spend its 
allocation.
    (3)(A) Notwithstanding paragraph (2) and subject to subparagraph 
(B)--
        (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.

    (B) Any funds made available to a State agency in accordance with 
subparagraph (A)(ii) for a fiscal year shall not affect the amount of 
funds allocated to the State agency for such year.
    (C) The Secretary may authorize a State agency to expend not more 
than 3 percent of the amount of funds allocated to a State under this 
section for supplemental foods for a fiscal year for expenses incurred 
under this section for supplemental foods during the preceding fiscal 
year, if the Secretary determines that there has been a significant 
reduction in infant formula cost containment savings provided to the 
State agency that would affect the ability of the State agency to at 
least maintain the level of participation by eligible participants 
served by the State agency.
    (4) For purposes of the formula, if Indians are served by the health 
department of a State, the formula shall be based on the State 
population inclusive of the Indians within the State boundaries.
    (5) If Indians residing in the State are served by a State agency 
other than the health department of the State, the population of the 
tribes within the jurisdiction of the State being so served shall not be 
included in the formula for such State, and shall instead be included in 
the formula for the State agency serving the Indians.
    (6) Notwithstanding any other provision of this section, the 
Secretary may use a portion of a State agency's allocation to purchase 
supplemental foods for donation to the State agency under this section.
    (7) In addition to any amounts expended under paragraph (3)(A)(i), 
any State agency using cost containment measures as defined in 
subsection (h)(9) of this section may temporarily use amounts made 
available to such agency for the first quarter of a fiscal year to 
defray expenses for costs incurred during the final quarter of the 
preceding fiscal year. In any fiscal year, any State agency that uses 
amounts made available for a succeeding fiscal year under the authority 
of the preceding sentence shall restore or reimburse such amounts when 
such agency receives payment as a result of its cost containment 
measures for such expenses.

(j) Initiative to provide program services at community and migrant 
        health centers

    (1) The Secretary and the Secretary of Health and Human Services 
(referred to in this subsection as the ``Secretaries'') shall jointly 
establish and carry out an initiative for the purpose of providing both 
supplemental foods and nutrition education under the special 
supplemental nutrition program and health care services to low-income 
pregnant, postpartum, and breastfeeding women, infants, and children at 
substantially more community health centers and migrant health centers.
    (2) The initiative shall also include--
        (A) activities to improve the coordination of the provision of 
    supplemental foods and nutrition education under the special 
    supplemental nutrition program and health care services at 
    facilities funded by the Indian Health Service; and
        (B) the development and implementation of strategies to ensure 
    that, to the maximum extent feasible, new community health centers, 
    migrant health centers, and other federally supported health care 
    facilities established in medically underserved areas provide 
    supplemental foods and nutrition education under the special 
    supplemental nutrition program.

    (3) The initiative may include--
        (A) outreach and technical assistance for State and local 
    agencies and the facilities described in paragraph (2)(A) and the 
    health centers and facilities described in paragraph (2)(B);
        (B) demonstration projects in selected State or local areas; and
        (C) such other activities as the Secretaries find are 
    appropriate.

    (4)(A) Not later than April 1, 1995, the Secretaries shall provide 
to Congress a notification concerning the actions the Secretaries intend 
to take to carry out the initiative.
    (B) Not later than July 1, 1996, the Secretaries shall provide to 
Congress a notification concerning the actions the Secretaries are 
taking under the initiative or actions the Secretaries intend to take 
under the initiative as a result of their experience in implementing the 
initiative.
    (C) On completion of the initiative, the Secretaries shall provide 
to Congress a notification concerning an evaluation of the initiative by 
the Secretaries and a plan of the Secretaries to further the goals of 
the initiative.
    (5) As used in this subsection:
        (A) The term ``community health center'' has the meaning given 
    the term in section 254c(a) \1\ of this title.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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        (B) The term ``migrant health center'' has the meaning given the 
    term in section 254b(a)(1) \1\ of this title.

(k) National Advisory Council on Maternal, Infant, and Fetal Nutrition; 
        establishment; membership; term; officers; meetings; quorum; 
        technical assistance by Secretary

    (1) There is hereby established a National Advisory Council on 
Maternal, Infant, and Fetal Nutrition (referred to in this subsection as 
the ``Council'') composed of 24 members appointed by the Secretary. One 
member shall be a State director of a program under this section; one 
member shall be a State official responsible for a commodity 
supplemental food program under section 1304 of the Food and Agriculture 
Act of 1977; one member shall be a State fiscal officer of a program 
under this section (or the equivalent thereof); one member shall be a 
State health officer (or the equivalent thereof); one member shall be a 
local agency director of a program under this section in an urban area; 
one member shall be a local agency director of a program under this 
section in a rural area; one member shall be a project director of a 
commodity supplemental food program; one member shall be a State public 
health nutrition director (or the equivalent thereof); one member shall 
be a representative of an organization serving migrants; one member 
shall be an official from a State agency predominantly serving Indians; 
three members shall be parent participants of a program under this 
section or of a commodity supplemental food program; one member shall be 
a pediatrician; one member shall be an obstetrician; one member shall be 
a representative of a nonprofit public interest organization that has 
experience with and knowledge of the special supplemental nutrition 
program; one member shall be a person involved at the retail sales level 
of food in the special supplemental nutrition program; two members shall 
be officials of the Department of Health and Human Services appointed by 
the Secretary of Health and Human Services; two members shall be 
officials of the Department of Agriculture appointed by the Secretary; 1 
member shall be an expert in the promotion of breast feeding; one member 
shall be an expert in drug abuse education and prevention; and one 
member shall be an expert in alcohol abuse education and prevention.
    (2) Members of the Council appointed from outside the Department of 
Agriculture and the Department of Health and Human Services shall be 
appointed for terms not exceeding three years. State and local officials 
shall serve only during their official tenure, and the tenure of parent 
participants shall not exceed two years. Persons appointed to complete 
an unexpired term shall serve only for the remainder of such term.
    (3) The Council shall elect a Chairman and a Vice Chairman. The 
Council shall meet at the call of the Chairman, but shall meet at least 
once a year. Eleven members shall constitute a quorum.
    (4) The Secretary shall provide the Council with such technical and 
other assistance, including secretarial and clerical assistance, as may 
be required to carry out its functions.
    (5) Members of the Council shall serve without compensation but 
shall be reimbursed for necessary travel and subsistence expenses 
incurred by them in the performance of the duties of the Council. Parent 
participant members of the Council, in addition to reimbursement for 
necessary travel and subsistence, shall, at the discretion of the 
Secretary, be compensated in advance for other personal expenses related 
to participation on the Council, such as child care expenses and lost 
wages during scheduled Council meetings.

(l) Donation of foods by Secretary

    Foods available under section 1431 of title 7, including, but not 
limited to, dry milk, or purchased under section 612c of title 7, may be 
donated by the Secretary, at the request of a State agency, for 
distribution to programs conducted under this section. The Secretary may 
purchase and distribute, at the request of a State agency, supplemental 
foods for donation to programs conducted under this section, with 
appropriated funds, including funds appropriated under this section.

(m) Women, infants, and children farmers' market nutrition program; 
        establishment, grants, etc.

    (1) Subject to the availability of funds appropriated for the 
purposes of this subsection, and as specified in this subsection, the 
Secretary shall award grants to States that submit State plans that are 
approved for the establishment or maintenance of programs designed to 
provide recipients of assistance under subsection (c) of this section, 
or those who are on the waiting list to receive the assistance, with 
coupons that may be exchanged for fresh, nutritious, unprepared foods at 
farmers' markets, as defined in the State plans submitted under this 
subsection.
    (2) A grant provided to any State under this subsection shall be 
provided to the chief executive officer of the State, who shall--
        (A) designate the appropriate State agency or agencies to 
    administer the program in conjunction with the appropriate nonprofit 
    organizations; and
        (B) ensure coordination of the program among the appropriate 
    agencies and organizations.

    (3) The Secretary shall not make a grant to any State under this 
subsection unless the State agrees to provide State, local, or private 
funds for the program in an amount that is equal to not less than 30 
percent of the total cost of the program, which may be satisfied from 
program income or State contributions that are made for similar 
programs. The Secretary may negotiate with an Indian State agency a 
lower percentage of matching funds than is required under the preceding 
sentence, but not lower than 10 percent of the total cost of the 
program, if the Indian State agency demonstrates to the Secretary 
financial hardship for the affected Indian tribe, band, group, or 
council.
    (4) Subject to paragraph (6), the Secretary shall establish a 
formula for determining the amount of the grant to be awarded under this 
subsection to each State for which a State plan is approved under 
paragraph (6), according to the number of recipients proposed to 
participate as specified in the State plan. In determining the amount to 
be awarded to new States, the Secretary shall rank order the State plans 
according to the criteria of operation set forth in this subsection, and 
award grants accordingly. The Secretary shall take into consideration 
the minimum amount needed to fund each approved State plan, and need not 
award grants to each State that submits a State plan.
    (5) Each State that receives a grant under this subsection shall 
ensure that the program for which the grant is received complies with 
the following requirements:
        (A) Individuals who are eligible to receive Federal benefits 
    under the program shall only be individuals who are receiving 
    assistance under subsection (c) of this section, or who are on the 
    waiting list to receive the assistance.
        (B) Construction or operation of a farmers' market may not be 
    carried out using funds--
            (i) provided under the grant; or
            (ii) required to be provided by the State under paragraph 
        (3).

        (C) The value of the Federal share of the benefits received by 
    any recipient under the program may not be--
            (i) less than $10 per year; or
            (ii) more than $20 per year.

        (D) The coupon issuance process under the program shall be 
    designed to ensure that coupons are targeted to areas with--
            (i) the highest concentration of eligible individuals;
            (ii) the greatest access to farmers' markets; and
            (iii) certain characteristics, in addition to those 
        described in clauses (i) and (ii), that are determined to be 
        relevant by the Secretary and that maximize the availability of 
        benefits to eligible individuals.

        (E) The coupon redemption process under the program shall be 
    designed to ensure that the coupons may be--
            (i) redeemed only by producers authorized by the State to 
        participate in the program; and
            (ii) redeemed only to purchase fresh nutritious unprepared 
        food for human consumption.

        (F)(i) Except as provided in clauses (ii) and (iii), the State 
    may use for administration of the program in any fiscal year not 
    more than 17 percent of the total amount of program funds.
        (ii) During any fiscal year for which a State receives 
    assistance under this subsection, the Secretary shall permit the 
    State to use not more than 2 percent of total program funds for 
    market development or technical assistance to farmers' markets if 
    the Secretary determines that the State intends to promote the 
    development of farmers' markets in socially or economically 
    disadvantaged areas, or remote rural areas, where individuals 
    eligible for participation in the program have limited access to 
    locally grown fruits and vegetables.
        (iii) The provisions of clauses (i) and (ii) with respect to the 
    use of program funds shall not apply to any funds that a State may 
    contribute in excess of the funds used by the State to meet the 
    requirements of paragraph (3).
        (G) The State shall ensure that no State or local taxes are 
    collected within the State on purchases of food with coupons 
    distributed under the program.

    (6)(A) The Secretary shall give the same preference for funding 
under this subsection to eligible States that participated in the 
program under this subsection in a prior fiscal year as to States that 
participated in the program in the most recent fiscal year. The 
Secretary shall inform each State of the award of funds as prescribed by 
subparagraph (G) by February 15 of each year.
    (B)(i) Subject to the availability of appropriations, if a State 
provides the amount of matching funds required under paragraph (3), the 
State shall receive assistance under this subsection in an amount that 
is not less than the amount of such assistance that the State received 
in the most recent fiscal year in which it received such assistance.
    (ii) If amounts appropriated for any fiscal year pursuant to the 
authorization contained in paragraph (10) for grants under this 
subsection are not sufficient to pay to each State for which a State 
plan is approved under paragraph (6) the amount that the Secretary 
determines each such State is entitled to under this subsection, each 
State's grant shall be ratably reduced, except that (if sufficient funds 
are available) each State shall receive at least $75,000 or the amount 
that the State received for the prior fiscal year if that amount is less 
than $75,000.
    (C) In providing funds to a State that received assistance under 
this subsection in the previous fiscal year, the Secretary shall 
consider--
        (i) the availability of any such assistance not spent by the 
    State during the program year for which the assistance was received;
        (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;

        (iii) demonstrated ability to satisfactorily operate the 
    existing program; and
        (iv) whether, in the case of a State that intends to use any 
    funding provided under subparagraph (G)(i) \2\ to increase the value 
    of the Federal share of the benefits received by a recipient, the 
    funding provided under subparagraph (G)(i) \2\ will increase the 
    rate of coupon redemption.
---------------------------------------------------------------------------
    \2\ See References in Text note below.

    (D)(i) A State that desires to receive a grant under this subsection 
shall submit, for each fiscal year, a State plan to the Secretary by 
November 15 of each year.
    (ii) Each State plan submitted under this paragraph shall contain--
        (I) the estimated cost of the program and the estimated number 
    of individuals to be served by the program;
        (II) a description of the State plan for complying with the 
    requirements established in paragraph (5); and
        (III) criteria developed by the State with respect to 
    authorization of producers to participate in the program.

    (iii) The criteria developed by the State as required by clause 
(ii)(III) shall require any authorized producer to sell fresh nutritious 
unprepared foods (such as fruits and vegetables) to recipients, in 
exchange for coupons distributed under the program.
    (E) The Secretary shall establish objective criteria for the 
approval and ranking of State plans submitted under this paragraph.
    (F)(i) An amount equal to 75 percent of the funds available after 
satisfying the requirements of subparagraph (B) shall be made available 
to States participating in the program whose State plan is approved by 
the Secretary. If this amount is greater than that necessary to satisfy 
the approved State plans, the unallocated amount shall be applied toward 
satisfying any unmet need of States that have not participated in the 
program in the prior fiscal year, and whose State plans have been 
approved.
    (ii) An amount equal to 25 percent of the funds available after 
satisfying the requirements of subparagraph (B) shall be made available 
to States that have not participated in the program in the prior fiscal 
year, and whose State plans have been approved by the Secretary. If this 
amount is greater than that necessary to satisfy the approved State 
plans for new States, the unallocated amount shall be applied toward 
satisfying any unmet need of States whose State plans have been 
approved.
    (iii) In any fiscal year, any funds that remain unallocated after 
satisfying the requirements of clauses (i) and (ii) shall be reallocated 
in the following fiscal year according to procedures established 
pursuant to paragraph (10)(B)(ii).
    (7)(A) The value of the benefit received by any recipient under any 
program for which a grant is received under this subsection may not 
affect the eligibility or benefit levels for assistance under other 
Federal or State programs.
    (B) Any programs for which a grant is received under this subsection 
shall be supplementary to the food stamp program carried out under the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) and to any other Federal 
or State program under which foods are distributed to needy families in 
lieu of food stamps.
    (8) For each fiscal year, the Secretary shall collect from each 
State that receives a grant under this subsection information relating 
to--
        (A) the number and type of recipients served by both Federal and 
    non-Federal benefits under the program for which the grant is 
    received;
        (B) the rate of redemption of coupons distributed under the 
    program;
        (C) the average amount distributed in coupons to each recipient;
        (D) the change in consumption of fresh fruits and vegetables by 
    recipients, if the information is available;
        (E) the effects of the program on farmers' markets, if the 
    information is available; and
        (F) any other information determined to be necessary by the 
    Secretary.

    (9)(A) There are authorized to be appropriated to carry out this 
subsection $8,000,000 for fiscal year 1994, $10,500,000 for fiscal year 
1995, and such sums as may be necessary for each of fiscal years 1996 
through 2003.
    (B)(i)(I) Each State shall return to the Secretary any funds made 
available to the State that are unobligated at the end of the fiscal 
year for which the funds were originally allocated. The unexpended funds 
shall be returned to the Secretary by February 1st of the following 
fiscal year.
    (II) Notwithstanding any other provision of this subsection, a total 
of not more than 5 percent of funds made available to a State for any 
fiscal year may be expended by the State to reimburse expenses incurred 
for a program assisted under this subsection during the preceding fiscal 
year.
    (ii) The Secretary shall establish procedures to reallocate funds 
that are returned under clause (i).
    (10) For purposes of this subsection:
        (A) The term ``coupon'' means a coupon, voucher, or other 
    negotiable financial instrument by which benefits under this section 
    are transferred.
        (B) The term ``program'' means--
            (i) the State farmers' market coupon nutrition program 
        authorized by this subsection (as it existed on September 30, 
        1991); or
            (ii) the farmers' market nutrition program authorized by 
        this subsection.

        (C) The term ``recipient'' means a person or household, as 
    determined by the State, who is chosen by a State to receive 
    benefits under this subsection, or who is on a waiting list to 
    receive such benefits.
        (D) The term ``State agency'' has the meaning provided in 
    subsection (b)(13) of this section, except that the term also 
    includes the agriculture department of each State and any other 
    agency approved by the chief executive officer of the State.

(n) Disqualification of vendors who are disqualified under food stamp 
        program

                           (1) In general

        The Secretary shall issue regulations providing criteria for the 
    disqualification under this section of an approved vendor that is 
    disqualified from accepting benefits under the food stamp program 
    established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et 
    seq.).

                              (2) Terms

        A disqualification under paragraph (1)--
            (A) shall be for the same period as the disqualification 
        from the program referred to in paragraph (1);
            (B) may begin at a later date than the disqualification from 
        the program referred to in paragraph (1); and
            (C) shall not be subject to judicial or administrative 
        review.

(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 802 of title 21) 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

        (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.

(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) of this section 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 1760(g) of this title; 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) of this section issued in lieu 
        of a food instrument under this section), funds, assets, or 
        property.

                 (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 853 of title 21, 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.

(q) Provision of technical assistance to Secretary of Defense

    The Secretary of Agriculture shall provide technical assistance to 
the Secretary of Defense, if so requested by the Secretary of Defense, 
for the purpose of carrying out the overseas special supplemental food 
program established under section 1060a(a) of title 10.

(Pub. L. 89-642, Sec. 17, as added Pub. L. 92-433, Sec. 9, Sept. 26, 
1972, 86 Stat. 729; amended Pub. L. 93-150, Sec. 6, Nov. 7, 1973, 87 
Stat. 563; Pub. L. 93-326, Sec. 6, June 30, 1974, 88 Stat. 287; Pub. L. 
94-28, May 28, 1975, 89 Stat. 96; Pub. L. 94-105, Sec. 14, Oct. 7, 1975, 
89 Stat. 518; Pub. L. 95-166, Secs. 18, 20(6), Nov. 10, 1977, 91 Stat. 
1345, 1346; Pub. L. 95-627, Sec. 3, Nov. 10, 1978, 92 Stat. 3611; Pub. 
L. 96-108, title III, Sec. 301, Nov. 9, 1979, 93 Stat. 838; Pub. L. 96-
499, title II, Sec. 203(d), Dec. 5, 1980, 94 Stat. 2601; Pub. L. 97-35, 
title VIII, Sec. 815, Aug. 13, 1981, 95 Stat. 531; Pub. L. 99-500, title 
III, Secs. 314, 341, 342(a), 343, 344(a), 345-348(a), 349-353(a), 
372(b)(1), Oct. 18, 1986, 100 Stat. 1783-360, 1783-364 to 1783-367, 
1783-369, and Pub. L. 99-591, title III, Secs. 314, 341, 342(a), 343, 
344(a), 345-348(a), 349-353(a), 372(b)(1), Oct. 30, 1986, 100 Stat. 
3341-363, 3341-367 to 3341-370, 3341-372; Pub. L. 99-661, div. D, title 
I, Sec. 4104, title III, Secs. 4301, 4302(a), 4303, 4304(a), 4305-
4308(a), 4309-4313(a), title V, Sec. 4502(b)(1), Nov. 14, 1986, 100 
Stat. 4071, 4075-4078, 4080; Pub. L. 100-71, title I, July 11, 1987, 101 
Stat. 425; Pub. L. 100-237, Secs. 8(a), (b), 9, 11, 12, Jan. 8, 1988, 
101 Stat. 1740, 1741; Pub. L. 100-356, Sec. 3, June 28, 1988, 102 Stat. 
669; Pub. L. 100-435, title II, Sec. 212, title V, Sec. 501(b), Sept. 
19, 1988, 102 Stat. 1657, 1668; Pub. L. 100-690, title III, Sec. 3201, 
Nov. 18, 1988, 102 Stat. 4246; Pub. L. 101-147, title I, Sec. 123(a), 
title II, Sec. 213(a), title III, Sec. 326, Nov. 10, 1989, 103 Stat. 
894, 912, 917; Pub. L. 101-330, July 12, 1990, 104 Stat. 311; Pub. L. 
102-314, Sec. 3, July 2, 1992, 106 Stat. 280; Pub. L. 102-342, title II, 
Sec. 204, Aug. 14, 1992, 106 Stat. 913; Pub. L. 102-512, title II, 
Secs. 203-207, Oct. 24, 1992, 106 Stat. 3364-3368; Pub. L. 103-448, 
title II, Sec. 204(a)-(o)(1), (p)-(v)(11), (w)(1), Nov. 2, 1994, 108 
Stat. 4738-4745; Pub. L. 104-66, title I, Sec. 1011(l), Dec. 21, 1995, 
109 Stat. 710; Pub. L. 104-193, title I, Sec. 109(h), title VII, 
Sec. 729(a)-(g)(1), (h)-(j), Aug. 22, 1996, 110 Stat. 2171, 2303-2305; 
Pub. L. 105-336, title II, Sec. 203(a)-(f)(1), (g)-(l), (m)-(p)(1), (q), 
Oct. 31, 1998, 112 Stat. 3158-3165; Pub. L. 105-362, title I, 
Sec. 101(i), Nov. 10, 1998, 112 Stat. 3281; Pub. L. 106-65, div. A, 
title VI, Sec. 674(e), Oct. 5, 1999, 113 Stat. 675; Pub. L. 106-78, 
title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

                       References in Text

    Sections 4 and 5 of the Agriculture and Consumer Protection Act of 
1973, referred to in subsecs. (c)(3), (e)(3)(B), and (f)(1)(D), are 
sections 4 and 5 of Pub. L. 93-86, which are set out as notes under 
section 612c of Title 7, Agriculture.
    The Food Stamp Act of 1977, referred to in subsecs. 
(d)(2)(A)(ii)(I), (m)(7)(B), and (n)(1), is Pub. L. 88-525, Aug. 31, 
1964, 78 Stat. 703, as amended by Pub. L. 95-113, title XIII, Sept. 29, 
1977, 91 Stat. 958, which is classified generally to chapter 51 
(Sec. 2011 et seq.) of Title 7. For complete classification of the Food 
Stamp Act of 1977 to the Code, see Short Title note set out under 
section 2011 of Title 7 and Tables.
    The Social Security Act, referred to in subsecs. (d)(2)(A)(ii)(II), 
(iii)(I), (e)(4)(A), and (f)(17), is act Aug. 14, 1935, ch. 531, 49 
Stat. 620, as amended. Part A of title IV and title XIX of the Act are 
classified generally to part A (Sec. 601 et seq.) of subchapter IV and 
subchapter XIX (Sec. 1396 et seq.), respectively, of chapter 7 of this 
title. For complete classification of this Act to the Code, see section 
1305 of this title and Tables.
    The Americans with Disabilities Act of 1990, referred to in subsec. 
(d)(3)(C)(i), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as 
amended, which is classified principally to chapter 126 (Sec. 12101 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 12101 of this title and 
Tables.
    The Federal Food, Drug, and Cosmetic Act, referred to in subsec. 
(f)(15), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which 
is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, 
Food and Drugs. For complete classification of this Act to the Code, see 
section 301 of Title 21 and Tables.
    Sections 254b and 254c of this title, referred to in subsec. (j)(5), 
were in the original references to sections 329 and 330 of the Public 
Health Service Act, act July 1, 1944, which were omitted in the general 
amendment of subpart I (Sec. 254b et seq.) of part D of subchapter II of 
chapter 6A of this title by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 
Stat. 3626. Sections 2 and 3(a) of Pub. L. 104-299 enacted new sections 
330 and 330A of act July 1, 1944, which are classified, respectively, to 
sections 254b and 254c of this title.
    Section 1304 of the Food and Agriculture Act of 1977, referred to in 
subsec. (k)(1), is section 1304 of Pub. L. 95-113, title XIII, Sept. 29, 
1977, 91 Stat. 980, which amended provisions set out as notes under 
sections 612c and 1281 of Title 7, Agriculture.
    Subparagraph (G)(i), referred to in subsec. (m)(6)(C)(iv), meaning 
subpar. (G)(i) of subsec. (m)(6), was redesignated subpar. (F)(i) of 
subsec. (m)(6) by Pub. L. 105-336, title II, Sec. 203(o)(3)(B), Oct. 31, 
1998, 112 Stat. 3164.

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                               Amendments

    1999--Subsecs. (d)(2)(A)(i), (g)(1), (p)(2)(A). Pub. L. 106-78 made 
technical amendment to references in original act which appear in text 
as references to sections 1752, 1758, and 1760 of this title.
    Subsec. (q). Pub. L. 106-65 added subsec. (q).
    1998--Subsec. (d)(3)(C) to (E). Pub. L. 105-336, Sec. 203(a), added 
subpars. (C) to (E).
    Subsec. (e)(1). Pub. L. 105-336, Sec. 203(b), inserted at end ``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.''
    Subsec. (e)(3). Pub. L. 105-336, Sec. 203(c), inserted par. heading, 
designated existing provisions as subpar. (A) and inserted heading, and 
added subpar. (B).
    Subsec. (f)(21). Pub. L. 105-336, Sec. 203(d), amended par. (21) 
generally. Prior to amendment, par. (21) read as follows: ``A State 
agency may use funds recovered as a result of violations in the food 
delivery system of the program in the year in which the funds are 
collected for the purpose of carrying out the program.''
    Subsec. (f)(23). Pub. L. 105-336, Sec. 203(e), added par. (23).
    Subsec. (f)(24). Pub. L. 105-336, Sec. 203(f)(1), added par. (24).
    Subsec. (g)(1). Pub. L. 105-336, Sec. 203(g), substituted ``2003'' 
for ``1998''.
    Subsec. (h)(1)(C). Pub. L. 105-336, Sec. 203(h), inserted subpar. 
heading, designated existing provisions as cl. (i), inserted heading, 
substituted ``Except as provided in clause (ii), in'' for ``In'', and 
added cl. (ii).
    Subsec. (h)(2)(A). Pub. L. 105-336, Sec. 203(i)(1), substituted 
``2003'' for ``1998'' in introductory provisions.
    Subsec. (h)(2)(A)(iv). Pub. L. 105-336, Sec. 203(i)(2), struck out 
``, to the extent funds are not already provided under subparagraph 
(I)(v) for the same purpose,'' after ``may provide funds''.
    Subsec. (h)(2)(B)(ii). Pub. L. 105-336, Sec. 203(i)(3), substituted 
``10 percent (except that the Secretary may establish a higher 
percentage for State agencies that are small)'' for ``15 percent''.
    Subsec. (h)(3)(E). Pub. L. 105-336, Sec. 203(i)(4)(A), in 
introductory provisions, substituted ``For each fiscal year,'' for ``In 
the case of fiscal year 1996 (except as provided in subparagraph (G)) 
and each subsequent fiscal year,''.
    Subsec. (h)(3)(F), (G). Pub. L. 105-336, Sec. 203(i)(4)(B), struck 
out subpar. (F) which provided for adjusted payments in lieu of required 
payments for fiscal year 1995 and subpar. (G) which provided for delay 
of required payments for fiscal year 1996 and for adjusted payments in 
lieu of required payments for fiscal year 1996.
    Subsec. (h)(5)(A). Pub. L. 105-336, Sec. 203(i)(5), in introductory 
provisions, substituted ``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,'' for ``achieves, through use of acceptable measures, 
participation that exceeds the participation level estimated for such 
State agency under paragraph (2)(A)(ii)(I), such State agency may''.
    Subsec. (h)(8)(A)(iii). Pub. L. 105-336, Sec. 203(j), added cl. 
(iii).
    Subsec. (h)(10)(A). Pub. L. 105-336, Sec. 203(k), (n)(2)(A), 
substituted ``2003'' for ``1998'' and inserted ``and supplemental foods 
funds'' after ``nutrition services and administration funds''.
    Subsec. (h)(11). Pub. L. 105-336, Sec. 203(l), added par. (11).
    Subsec. (h)(12). Pub. L. 105-336, Sec. 203(m), added par. (12).
    Subsec. (i)(3)(A). Pub. L. 105-336, Sec. 203(n)(1)(A), substituted 
``subparagraph (B)'' for ``subparagraphs (B) and (C)'' in introductory 
provisions.
    Subsec. (i)(3)(A)(i), (ii). Pub. L. 105-336, Sec. 203(n)(1)(B), 
added cls. (i) and (ii) and struck out former cls. (i) and (ii) which 
read as follows:
    ``(i) not more than 1 percent (except as provided in subparagraph 
(H)) 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 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 for a fiscal year under this section may be expended by the 
State agency during the subsequent fiscal year.''
    Subsec. (i)(3)(C) to (H). Pub. L. 105-336, Sec. 203(n)(2)(B), 
redesignated subpar. (H) as (C) and struck out former subpars. (C) to 
(G) which read as follows:
    ``(C) The total amount of funds transferred from any fiscal year 
under clauses (i) and (ii) of subparagraph (A) shall not exceed 1 
percent of the amount of the funds allocated to a State agency for such 
fiscal year.
    ``(D) For State agencies implementing cost containment measures as 
defined in subsection (h)(9) of this section, not more than 5 percent of 
the amount of funds allocated under this section to such a State agency 
for supplemental foods for the fiscal year in which the system is 
implemented, and not more than 3 percent of the amount of funds 
allocated to such a State agency for the fiscal year following the 
fiscal year in which the system is implemented, may be expended by the 
State agency for expenses incurred under this section for supplemental 
foods during the succeeding fiscal year.
    ``(E) Notwithstanding any other provision in this paragraph and 
paragraph (2) a State agency may, subject to the approval of the 
Secretary under subparagraph (F), expend not more than 3 percent of the 
amount of funds allocated to such agency for supplemental foods for the 
fiscal year 1991 for expenses incurred under this section for 
supplemental foods during the fiscal year 1990.
    ``(F) Each State agency which intends to use the authority provided 
in subparagraph (E) shall request approval from the Secretary in advance 
and shall submit a plan showing how the State's caseload will be managed 
to meet funding limitations. The Secretary shall review and make 
determinations on such plans on an expedited basis.
    ``(G) No State can use the authority provided under subparagraph (E) 
to increase the caseload level above the highest level to date in fiscal 
year 1990.''
    Subsec. (k)(4) to (6). Pub. L. 105-362 redesignated pars. (5) and 
(6) as (4) and (5), respectively, and struck out former par. (4) which 
read as follows: ``The Council shall make a continuing study of the 
operation of the program under this section and related programs to 
determine how the program may be improved. The Council shall submit once 
every two years to the President and Congress, beginning with the fiscal 
year ending September 30, 1980, a written report, together with its 
recommendations on such program operations.''
    Subsec. (m)(3). Pub. L. 105-336, Sec. 203(o)(1), inserted ``program 
income or'' after ``satisfied from'' in first sentence.
    Subsec. (m)(6)(C). Pub. L. 105-336, Sec. 203(o)(2)(A), struck out 
``serve additional recipients in'' after ``In providing funds to'' in 
introductory provisions.
    Subsec. (m)(6)(C)(ii). Pub. L. 105-336, Sec. 203(o)(2)(B), added cl. 
(ii) and struck out former cl. (ii) which read as follows: 
``documentation that justifies the need for an increase in 
participation; and''.
    Subsec. (m)(6)(C)(iii), (iv). Pub. L. 105-336, Sec. 203(o)(2)(C), 
(D), substituted ``; and'' for period at end of cl. (iii) and added cl. 
(iv).
    Subsec. (m)(6)(F). Pub. L. 105-336, Sec. 203(o)(3), redesignated 
subpar. (G) as (F) and struck out former subpar. (F) which listed 
criteria for Secretary to apply in approving and ranking State plans.
    Subsec. (m)(6)(F)(i). Pub. L. 105-336, Sec. 203(o)(4)(A), in first 
sentence, substituted ``whose State plan'' for ``that wish to serve 
additional recipients, and whose State plan to do so'' and, in second 
sentence, struck out ``for additional recipients'' after ``approved 
State plans''.
    Subsec. (m)(6)(F)(ii). Pub. L. 105-336, Sec. 203(o)(4)(B), struck 
out ``that desire to serve additional recipients, and'' after ``need of 
States'' in second sentence.
    Subsec. (m)(6)(G). Pub. L. 105-336, Sec. 203(o)(3)(B), redesignated 
subpar. (G) as (F).
    Subsec. (m)(9)(A). Pub. L. 105-336, Sec. 203(o)(5), substituted 
``2003'' for ``1998''.
    Subsec. (o). Pub. L. 105-336, Sec. 203(p)(1), added subsec. (o).
    Subsec. (p). Pub. L. 105-336, Sec. 203(q), added subsec. (p).
    1996--Subsec. (b)(15)(B)(iii). Pub. L. 104-193, Sec. 729(a)(1), 
inserted ``of not more than 365 days'' after ``temporary 
accommodation''.
    Subsec. (b)(16). Pub. L. 104-193, Sec. 729(a)(2), inserted ``and'' 
at end of subpar. (A), substituted a period for ``; and'' at end of 
subpar. (B), and struck out subpar. (C) which read as follows: ``the 
provision of materials developed by the Secretary under subsection (n) 
of this section.''
    Subsec. (c)(5). Pub. L. 104-193, Sec. 729(b), struck out par. (5) 
which read as follows: ``The Secretary shall promote the special 
supplemental nutrition program by producing and distributing materials, 
including television and radio public service announcements in English 
and other appropriate languages, that inform potentially eligible 
individuals of the benefits and services under the program.''
    Subsec. (d)(2)(A)(ii)(II). Pub. L. 104-193, Sec. 109(h), substituted 
``State program funded'' for ``program for aid to families with 
dependent children established'' and inserted before semicolon ``that 
the Secretary determines complies with standards established by the 
Secretary that ensure that the standards under the State program are 
comparable to or more restrictive than those in effect on June 1, 
1995''.
    Subsec. (d)(4). Pub. L. 104-193, Sec. 729(c), struck out par. (4) 
which read as follows: ``The Secretary shall report biennially to 
Congress and the National Advisory Council on Maternal, Infant, and 
Fetal Nutrition established under subsection (k) of this section on--
        ``(A) the income and nutritional risk characteristics of 
    participants in the program;
        ``(B) participation in the program by members of families of 
    migrant farmworkers; and
        ``(C) such other matters relating to participation in the 
    program as the Secretary considers appropriate.''
    Subsec. (e)(2). Pub. L. 104-193, Sec. 729(d)(1), struck out at end 
``Nutrition education and breastfeeding promotion and support shall be 
evaluated annually by each State agency, and such evaluation shall 
include the views of participants concerning the effectiveness of the 
nutrition education and breastfeeding promotion and support they have 
received.''
    Subsec. (e)(4). Pub. L. 104-193, Sec. 729(d)(2), struck out 
``shall'' after ``State agency'' in introductory provisions, struck out 
subpar. (A), redesignated subpars. (B) and (C) as (A) and (B), 
respectively, inserted ``shall'' before ``provide'' in subpars. (A) and 
(B), and added subpar. (C). Prior to amendment, subpar. (A) read as 
follows: ``ensure that written information concerning food stamps, the 
program for aid to families with dependent children under part A of 
title IV of the Social Security Act, and the child support enforcement 
program under part D of title IV of the Social Security Act is provided 
on at least 1 occasion to each adult participant in and each applicant 
for the program;''.
    Subsec. (e)(5). Pub. L. 104-193, Sec. 729(d)(3), substituted ``Each 
local agency'' for ``The State agency shall ensure that each local 
agency''.
    Subsec. (e)(6). Pub. L. 104-193, Sec. 729(d)(4), struck out par. (6) 
which read as follows: ``Each local agency may use a master file to 
document and monitor the provision of nutrition education services 
(other than the initial provision of such services) to individuals that 
are required, under standards prescribed by the Secretary, to be 
included by the agency in group nutrition education classes.''
    Subsec. (f)(1)(A). Pub. L. 104-193, Sec. 729(e)(1)(A), substituted 
``to the Secretary, by a date specified by the Secretary, an initial'' 
for ``annually to the Secretary, by a date specified by the Secretary, 
a'' and inserted at end ``After submitting the initial plan, a State 
shall be required to submit to the Secretary for approval only a 
substantive change in the plan.''
    Subsec. (f)(1)(C)(iii). Pub. L. 104-193, Sec. 729(e)(1)(B)(i), added 
cl. (iii) and struck out former cl. (iii) which read as follows: ``a 
plan to coordinate operations under the program with special counseling 
services, such as the expanded food and nutrition education program, 
immunization programs, local programs for breastfeeding promotion, 
prenatal care, well-child care, family planning, drug abuse education, 
alcohol and drug abuse counseling and treatment, child abuse counseling, 
and with the aid to families with dependent children, food stamp, 
maternal and child health care, and medicaid programs, including 
medicaid programs that use coordinated care providers under a contract 
entered into under section 1903(m), or a waiver granted under section 
1915(b), of the Social Security Act (42 U.S.C. 1396b(m) or 1396n(b)) 
(including coordination through the referral of potentially eligible 
women, infants, and children between the program authorized under this 
section and the medicaid program);''.
    Subsec. (f)(1)(C)(vi). Pub. L. 104-193, Sec. 729(e)(1)(B)(ii), 
inserted ``(including a plan to improve access to the program for 
participants and prospective applicants who are employed, or who reside 
in rural areas)'' after ``in the State''.
    Subsec. (f)(1)(C)(vii). Pub. L. 104-193, Sec. 729(e)(1)(B)(iii), 
substituted ``for reaching and enrolling'' for ``to provide program 
benefits under this section to eligible individuals most in need of the 
benefits and to provide eligible individuals not participating in the 
program with information on the program, the eligibility criteria for 
the program, and how to apply for the program, with emphasis on reaching 
and enrolling''.
    Subsec. (f)(1)(C)(ix). Pub. L. 104-193, Sec. 729(e)(1)(B)(vii), 
inserted ``and'' at end.
    Pub. L. 104-193, Sec. 729(e)(1)(B)(iv), (vi), redesignated cl. (xi) 
as (ix) and struck out former cl. (ix) which read as follows: ``if the 
State agency chooses to provide program benefits under this section to 
some or all eligible individuals who are incarcerated in prisons or 
juvenile detention facilities that do not receive Federal assistance 
under any program specifically established to assist pregnant women 
regarding their nutrition and health needs, a plan for the provision of 
such benefits to, and to meet the special nutrition education needs of, 
such individuals, which may include--
        ``(I) providing supplemental foods to such individuals that are 
    different from those provided to other participants in the program 
    under this section;
        ``(II) providing such foods to such individuals in a different 
    manner than to other participants in the program under this section 
    in order to meet the special needs of such individuals; and
        ``(III) the development of nutrition education materials 
    appropriate for the special needs of such individuals;''.
    Subsec. (f)(1)(C)(x). Pub. L. 104-193, Sec. 729(e)(1)(B)(iv), (vi), 
redesignated cl. (xiii) as (x) and struck out former cl. (x) which read 
as follows: ``a plan to improve access to the program for participants 
and prospective applicants who are employed, or who reside in rural 
areas, by addressing their special needs through the adoption or 
revision of procedures and practices to minimize the time participants 
and applicants must spend away from work and the distances that 
participants and applicants must travel, including appointment 
scheduling, adjustment of clinic hours, clinic locations, or mailing of 
multiple vouchers;''.
    Subsec. (f)(1)(C)(xi). Pub. L. 104-193, Sec. 729(e)(1)(B)(vi), 
redesignated cl. (xi) as (ix).
    Subsec. (f)(1)(C)(xii). Pub. L. 104-193, Sec. 729(e)(1)(B)(iv), 
struck out cl. (xii) which read as follows: ``if the State agency 
chooses to request the funds conversion authority established in clause 
(h)(5) of this section, an estimate of the increased participation which 
will result from its cost-saving initiative, including an explanation of 
how the estimate was developed; and''.
    Subsec. (f)(1)(C)(xiii). Pub. L. 104-193, Sec. 729(e)(1)(B)(vi), 
redesignated cl. (xiii) as (x).
    Pub. L. 104-193, Sec. 729(e)(1)(B)(v), substituted ``may reasonably 
require'' for ``may require''.
    Subsec. (f)(1)(D), (E). Pub. L. 104-193, Sec. 729(e)(1)(C), (D), 
redesignated subpar. (E) as (D) and struck out former subpar. (D) which 
read as follows: ``The Secretary may permit a State agency to submit 
only those parts of a plan that differ from plans submitted for previous 
fiscal years.''
    Subsec. (f)(5). Pub. L. 104-193, Sec. 729(e)(3), substituted ``be 
available at any reasonable time'' for ``at all times be available'' in 
second sentence.
    Subsec. (f)(6). Pub. L. 104-193, Sec. 729(e)(2), (10), redesignated 
par. (7) as (6) and struck out former par. (6) which read as follows: 
``The State agency, upon receipt of a completed application from a local 
agency for participation in the program (and the Secretary, upon receipt 
of a completed application from a State agency), shall notify the 
applicant agency in writing within thirty days of the approval or 
disapproval of the application, and any disapproval shall be accompanied 
with a statement of the reasons for such disapproval. Within fifteen 
days after receipt of an incomplete application, the State agency (or 
the Secretary) shall notify the applicant agency of the additional 
information needed to complete the application.''
    Subsec. (f)(7), (8). Pub. L. 104-193, Sec. 729(e)(10), redesignated 
pars. (8) and (9) as (7) and (8), respectively. Former par. (7) 
redesignated (6).
    Subsec. (f)(9). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(10) as (9). Former par. (9) redesignated (8).
    Subsec. (f)(9)(B). Pub. L. 104-193, Sec. 729(e)(4), struck out at 
end ``Such notice shall include, in addition to other information 
required by the Secretary, the categories of participants whose benefits 
are being suspended or terminated due to such shortage.''
    Subsec. (f)(10). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(11) as (10). Former par. (10) redesignated (9).
    Subsec. (f)(11). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(12) as (11). Former par. (11) redesignated (10).
    Pub. L. 104-193, Sec. 729(e)(5), struck out ``, including standards 
that will ensure sufficient State agency staff'' after ``program'' in 
first sentence.
    Subsec. (f)(12). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(13) as (12). Former par. (12) redesignated (11).
    Pub. L. 104-193, Sec. 729(e)(6), struck out at end ``Products 
specifically designed for pregnant, postpartum, and breastfeeding women, 
or infants shall be available at the discretion of the Secretary if the 
products are commercially available or are justified to and approved by 
the Secretary based on clinical tests performed in accordance with 
standards prescribed by the Secretary.''
    Subsec. (f)(13). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(14) as (13). Former par. (13) redesignated (12).
    Subsec. (f)(14). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(15) as (14). Former par. (14) redesignated (13).
    Pub. L. 104-193, Sec. 729(e)(7), substituted ``State agency may'' 
for ``State agency shall''.
    Subsec. (f)(15), (16). Pub. L. 104-193, Sec. 729(e)(10), 
redesignated pars. (16) and (17) as (15) and (16), respectively. Former 
par. (15) redesignated (14).
    Subsec. (f)(17). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(18) as (17). Former par. (17) redesignated (16).
    Pub. L. 104-193, Sec. 729(e)(8), struck out ``and to accommodate the 
special needs and problems of individuals who are incarcerated in 
prisons or juvenile detention facilities'' before period at end.
    Subsec. (f)(18). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(19) as (18). Former par. (18) redesignated (17).
    Subsec. (f)(19). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(20) as (19). Former par. (19) redesignated (18).
    Pub. L. 104-193, Sec. 729(e)(9), substituted ``may provide 
information'' for ``shall provide information''.
    Subsec. (f)(20), (21). Pub. L. 104-193, Sec. 729(e)(10), 
redesignated pars. (23) and (21) as (21) and (20), respectively. Former 
par. (20) redesignated (19).
    Subsec. (f)(22). Pub. L. 104-193, Sec. 729(e)(10), redesignated par. 
(24) as (22).
    Pub. L. 104-193, Sec. 729(e)(2), struck out par. (22) which read as 
follows: ``In the State plan submitted to the Secretary for fiscal year 
1994, each State agency shall advise the Secretary regarding the 
procedures to be used by the State agency to reduce the purchase of low-
iron infant formula for infants on the program for whom such formula has 
not been prescribed by a physician or other appropriate health 
professional, as determined by regulations issued by the Secretary.''
    Subsec. (f)(23), (24). Pub. L. 104-193, Sec. 729(e)(10), 
redesignated pars. (23) and (24) as (21) and (22), respectively.
    Subsec. (g)(5). Pub. L. 104-193, Sec. 729(f)(1), substituted 
``reports on program participant characteristics'' for ``the report 
required under subsection (d)(4) of this section''.
    Subsec. (g)(6). Pub. L. 104-193, Sec. 729(f)(2), struck out par. (6) 
which read as follows: ``Upon the completion of the 1990 decennial 
census, the Secretary, in coordination with the Secretary of Commerce, 
shall make available an estimate, by State and county (or equivalent 
political subdivision) of the number of women, infants, and children who 
are members of families that have incomes below the maximum income limit 
for participation in the program under this section.''
    Subsec. (h)(4)(E). Pub. L. 104-193, Sec. 729(g)(1)(A), struck out 
``and, on development of the uniform requirements, require each State 
agency to report the data for inclusion in the report to Congress 
described in subsection (d)(4) of this section'' before period at end.
    Subsec. (h)(8)(A). Pub. L. 104-193, Sec. 729(g)(1)(B)(i), (iv), 
redesignated subpar. (B) as (A) and struck out former subpar. (A) which 
read as follows: ``No State may receive its allocation under this 
subsection unless on or before August 30, 1989 (or a subsequent date 
established by the Secretary for any State) such State has--
        ``(i) examined the feasibility of implementing cost containment 
    measures with respect to procurement of infant formula, and, where 
    practicable, other foods necessary to carry out the program under 
    this section; and
        ``(ii) initiated action to implement such measures unless the 
    State demonstrates, to the satisfaction of the Secretary, that such 
    measures would not lower costs or would interfere with the delivery 
    of formula or foods to participants in the program.''
    Subsec. (h)(8)(A)(i). Pub. L. 104-193, Sec. 729(g)(1)(B)(v), in 
introductory provisions substituted ``subparagraphs (B) and (C)(iii),'' 
for ``subparagraphs (C), (D), and (E)(iii), in carrying out subparagraph 
(A),''.
    Subsec. (h)(8)(B). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv), 
redesignated subpar. (D) as (B). Former subpar. (B) redesignated (A).
    Subsec. (h)(8)(B)(i). Pub. L. 104-193, Sec. 729(g)(1)(B)(vi), 
substituted ``subparagraph (A)'' for ``subparagraph (B)'' in two places.
    Subsec. (h)(8)(C). Pub. L. 104-193, Sec. 729(g)(1)(B)(i), (iv), 
redesignated subpar. (E) as (C) and struck out former subpar. (C) which 
read as follows: ``In the case of any State that has a contract in 
effect on November 10, 1989, subparagraph (B) shall not apply to the 
program operated by such State under this section until the term of such 
contract, as such term is specified by the contract as in effect on 
November 10, 1989, expires. In the case of any State that has more than 
1 such contract in effect on November 10, 1989, subparagraph (B) shall 
not apply until the term of the contract with the latest expiration 
date, as such term is specified by such contract as in effect on 
November 10, 1989, expires.''
    Subsec. (h)(8)(C)(iii). Pub. L. 104-193, Sec. 729(g)(1)(B)(vii), 
substituted ``subparagraph (A)'' for ``subparagraph (B)''.
    Subsec. (h)(8)(D) to (F). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv), 
redesignated subpars. (F) to (H) as (D) to (F). Former subpars. (D) and 
(E) redesignated (B) and (C), respectively.
    Subsec. (h)(8)(G). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv), 
redesignated subpar. (I) as (G). Former subpar. (G) redesignated (E).
    Pub. L. 104-193, Sec. 729(g)(1)(B)(ii), designated cl. (i) as 
subpar. (G) and struck out cls. (ii) to (ix) which related to procedures 
for soliciting bids on behalf of State agencies regarding cost-
containment contracts to be entered into by infant formula and cereal 
manufacturers and State agencies.
    Subsec. (h)(8)(H). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv), 
redesignated subpar. (J) as (H). Former subpar. (H) redesignated (F).
    Subsec. (h)(8)(I). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv), 
redesignated subpar. (K) as (I). Former subpar. (I) redesignated (G).
    Pub. L. 104-193, Sec. 729(g)(1)(B)(iii), substituted ``Secretary 
may'' for ``Secretary--
        ``(i) shall promote, but not require, the joint purchase of 
    infant formula among State agencies electing not to participate 
    under the procedures set forth in subparagraph (G);
        ``(ii) shall encourage and promote (but not require) the 
    purchase of supplemental foods other than infant formula under cost 
    containment procedures;
        ``(iii) shall inform State agencies of the benefits of cost 
    containment and provide assistance and technical advice at State 
    agency request regarding the State agency's use of cost containment 
    procedures;
        ``(iv) shall encourage (but not require) the joint purchase of 
    supplemental foods other than infant formula under procedures 
    specified in subparagraph (B), if the Secretary determines that--
            ``(I) the anticipated savings are expected to be 
        significant;
            ``(II) the administrative expenses involved in purchasing 
        the food item through competitive bidding procedures, whether 
        under a rebate or discount system, will not exceed the savings 
        anticipated to be generated by the procedures; and
            ``(III) the procedures would be consistent with the purposes 
        of the program; and
        ``(v) may''.
    Subsec. (h)(8)(J) to (L). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv), 
redesignated subpars. (J) to (L) as (H) to (J), respectively.
    Subsec. (h)(8)(M). Pub. L. 104-193, Sec. 729(g)(1)(B)(i), struck out 
subpar. (M) which read as follows:
    ``(M)(i) The Secretary shall establish pilot projects in at least 1 
State, with the consent of the State, to determine the feasibility and 
cost of requiring States to carry out a system for using universal 
product codes to assist retail food stores that are vendors under the 
program in providing the type of infant formula that the participants in 
the program are authorized to obtain. In carrying out the projects, the 
Secretary shall determine whether the system reduces the incidence of 
incorrect redemptions of low-iron formula or brands of infant formula 
not authorized to be redeemed through the program, or both.
    ``(ii) The Secretary shall provide a notification to the Committee 
on Education and Labor of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate regarding whether 
the system is feasible, is cost-effective, reduces the incidence of 
incorrect redemptions described in clause (i), and results in any 
additional costs to States.
    ``(iii) The system shall not require a vendor under the program to 
obtain special equipment and shall not be applicable to a vendor that 
does not have equipment that can use universal product codes.''
    Subsec. (k)(3). Pub. L. 104-193, Sec. 729(h), substituted ``Council 
shall elect'' for ``Secretary shall designate''.
    Subsec. (n). Pub. L. 104-193, Sec. 729(i), (j), added heading and 
text of subsec. (n) and struck out former subsec. (n) which related to 
study of methods of drug abuse education instruction.
    Subsecs. (o), (p). Pub. L. 104-193, Sec. 729(i), struck out subsecs. 
(o) and (p) which related, respectively, to demonstration program for 
establishment of clinics at community colleges offering nursing 
education programs and grants for improvement and updating of 
information and data systems.
    1995--Subsec. (m)(9) to (11). Pub. L. 104-66 redesignated pars. (10) 
and (11) as (9) and (10), respectively, and struck out former par. (9) 
which read as follows:
    ``(9)(A) The Secretary shall submit to the Committee on Education 
and Labor and the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a compilation of the information collected under 
paragraph (8).
    ``(B) The compilation required by subparagraph (A) shall be 
submitted on or before April 1, 1994.''
    1994--Pub. L. 103-448, Sec. 204(w)(1)(A), substituted ``Special 
supplemental nutrition program for women, infants, and children'' for 
``Special supplemental food program'' in section catchline.
    Subsec. (b)(8)(D). Pub. L. 103-448, Sec. 204(a)(2), added subpar. 
(D). Former subpar. (D) redesignated (E).
    Subsec. (b)(8)(E). Pub. L. 103-448, Sec. 204(a)(1), (3), 
redesignated subpar. (D) as (E) and substituted ``homelessness and 
migrancy'' for ``alcoholism and drug addiction, homelessness, and 
migrancy''.
    Subsec. (c)(1). Pub. L. 103-448, Sec. 204(w)(1)(B), substituted 
``special supplemental nutrition program'' for ``special supplemental 
food program'' in first sentence.
    Subsec. (c)(5). Pub. L. 103-448, Sec. 204(b), added par. (5).
    Subsec. (d)(2)(C). Pub. L. 103-448, Sec. 204(c)(1), added subpar. 
(C).
    Subsec. (d)(3). Pub. L. 103-448, Sec. 204(c)(2), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (d)(4). Pub. L. 103-448, Sec. 204(t)(1), inserted ``and the 
National Advisory Council on Maternal, Infant, and Fetal Nutrition 
established under subsection (k) of this section'' after ``Congress'' in 
introductory provisions.
    Subsec. (e)(3) to (6). Pub. L. 103-448, Sec. 204(d), redesignated 
par. (3) relating to State agency providing information and materials as 
par. (4) and former pars. (4) and (5) as (5) and (6), respectively.
    Subsec. (f)(1)(C)(iii). Pub. L. 103-448, Sec. 204(e), inserted 
before semicolon at end ``, including medicaid programs that use 
coordinated care providers under a contract entered into under section 
1903(m), or a waiver granted under section 1915(b), of the Social 
Security Act (42 U.S.C. 1396b(m) or 1396n(b)) (including coordination 
through the referral of potentially eligible women, infants, and 
children between the program authorized under this section and the 
medicaid program)''.
    Subsec. (f)(3). Pub. L. 103-448, Sec. 204(f), inserted before period 
at end ``and shall ensure that local programs provide priority 
consideration to serving migrant participants who are residing in the 
State for a limited period of time''.
    Subsec. (f)(18). Pub. L. 103-448, Sec. 204(g), amended par. (18) 
generally. Prior to amendment, par. (18) read as follows:
    ``(18)(A) Except as provided in subparagraph (B), a State agency may 
implement income eligibility guidelines under this section at the time 
the State implements income eligibility guidelines under the medicaid 
program.
    ``(B) Income eligibility guidelines under this section shall be 
implemented not later than July 1 of each year.''
    Subsec. (f)(23), (24). Pub. L. 103-448, Sec. 204(h), (i), added 
pars. (23) and (24).
    Subsec. (g). Pub. L. 103-448, Sec. 204(j)(1), (k), in par. (1) 
substituted ``fiscal years 1995 through 1998'' for ``fiscal years 1991, 
1992, 1993, and 1994'' and in par. (5) struck out ``and'' before 
``administration'' and inserted before period at end ``, and carrying 
out technical assistance and research evaluation projects of the 
programs under this section''.
    Subsec. (h)(2)(A). Pub. L. 103-448, Sec. 204(j)(2), substituted 
``fiscal years 1995 through 1998'' for ``fiscal years 1990, 1991, 1992, 
1993 and 1994''.
    Subsec. (h)(3). Pub. L. 103-448, Sec. 204(l), substituted ``except 
as otherwise provided in subparagraphs (F) and (G), an amount'' for ``an 
amount'' and ``the national minimum breastfeeding promotion expenditure, 
as described in subparagraph (E)'' for ``$8,000,000'' in subpar. 
(A)(i)(II) and added subpars. (E) to (G).
    Subsec. (h)(4)(E). Pub. L. 103-448, Sec. 204(m), added subpar. (E).
    Subsec. (h)(8). Pub. L. 103-448, Sec. 204(n), (o)(1), (p), (q), 
substituted ``on a timely basis'' for ``at 6-month intervals'' in 
subpar. (D)(iii) and added subpars. (G)(ix), (L), and (M).
    Subsec. (h)(10). Pub. L. 103-448, Sec. 204(r), added par. (10).
    Subsec. (i)(3). Pub. L. 103-448, Sec. 204(s), inserted ``(except as 
provided in subparagraph (H))'' after ``1 percent'' in subpar. (A)(i) 
and added subpar. (H).
    Subsec. (j). Pub. L. 103-448, Sec. 204(t)(2), (u), added subsec. (j) 
and struck out former subsec. (j) which read as follows: ``By October 1 
of every other year, the Secretary shall prepare a report describing 
plans to ensure that, to the maximum extent feasible, eligible members 
of migrant populations continue to participate in the program as such 
persons move among States. The report shall be made available to the 
National Advisory Council on Maternal, Infant, and Fetal Nutrition.''
    Subsec. (k)(1). Pub. L. 103-448, Sec. 204(w)(1)(C), substituted 
``special supplemental nutrition program'' for ``special supplemental 
food program'' in two places.
    Subsec. (m)(3). Pub. L. 103-448, Sec. 204(v)(1), inserted at end 
``The Secretary may negotiate with an Indian State agency a lower 
percentage of matching funds than is required under the preceding 
sentence, but not lower than 10 percent of the total cost of the 
program, if the Indian State agency demonstrates to the Secretary 
financial hardship for the affected Indian tribe, band, group, or 
council.''
    Subsec. (m)(5)(F)(i). Pub. L. 103-448, Sec. 204(v)(2)(A), 
substituted ``17 percent'' for ``15 percent''.
    Subsec. (m)(5)(F)(ii). Pub. L. 103-448, Sec. 204(v)(2)(B), added cl. 
(ii) and struck out former cl. (ii) which read as follows: ``During the 
first fiscal year for which a State receives assistance under this 
subsection, the Secretary shall permit the State to use 2 percent of the 
total program funds for administration of the program in addition to the 
amount the State is permitted to use under clause (i). During any fiscal 
year other than the first fiscal year for which a State receives 
assistance under this subsection, upon the showing by the State of 
financial need, the Secretary may permit the State to use not more than 
2 percent of the total program funds for administration of the program 
in addition to the amount the State is permitted to use under clause 
(i).''
    Subsec. (m)(5)(F)(iii). Pub. L. 103-448, Sec. 204(v)(2)(C), struck 
out ``for the administration of the program'' after ``use of program 
funds''.
    Subsec. (m)(6)(A). Pub. L. 103-448, Sec. 204(v)(3), amended subpar. 
(A) generally. Prior to amendment, subpar. (A) read as follows: ``Each 
State that received assistance under the demonstration program 
authorized by this subsection in a fiscal year ending before October 1, 
1991, shall receive assistance under this subsection if the State 
complies with the requirements established by this subsection, as 
determined by the Secretary.''
    Subsec. (m)(6)(B)(ii). Pub. L. 103-448, Sec. 204(v)(4), substituted 
``$75,000'' for ``$50,000'' in two places.
    Subsec. (m)(6)(D)(i). Pub. L. 103-448, Sec. 204(v)(5), substituted 
``by November 15 of each year'' for ``at such time and in such manner as 
the Secretary may reasonably require''.
    Subsec. (m)(6)(G). Pub. L. 103-448, Sec. 204(v)(6), substituted ``75 
percent'' for ``45 to 55 percent'' in cl. (i) and ``25 percent'' for 
``45 to 55 percent'' in cl. (ii).
    Subsec. (m)(8)(D), (E). Pub. L. 103-448, Sec. 204(v)(7), added 
subpars. (D) and (E) and struck out former subpars. (D) and (E) which 
read as follows:
    ``(D) when practicable, the impact on the nutritional status of 
recipients by determining the change in consumption of fresh fruits and 
vegetables by recipients;
    ``(E) the effects of the program on the use of farmers' markets and 
the marketing of agricultural products at such markets and when 
practicable, the effects of the program on recipients' awareness 
regarding farmers' markets; and''.
    Subsec. (m)(10)(A). Pub. L. 103-448, Sec. 204(v)(8), struck out 
``$3,000,000 for fiscal year 1992, $6,500,000 for fiscal year 1993, 
and'' after ``to carry out this subsection'' and inserted before period 
at end ``, $10,500,000 for fiscal year 1995, and such sums as may be 
necessary for each of fiscal years 1996 through 1998''.
    Subsec. (m)(10)(B). Pub. L. 103-448, Sec. 204(v)(9), (10), 
substituted ``Each'' for ``Except as provided in subclause (II), each'' 
in cl. (i)(I), struck out ``or may be retained by the State to reimburse 
expenses expected to be incurred for such a program during the 
succeeding fiscal year'' before period at end of cl. (i)(II), and struck 
out ``Funds that remain unexpended at the end of any demonstration 
project authorized by this subsection (as it existed on September 30, 
1991) shall be reallocated in a similar manner.'' at end of cl. (ii).
    Subsec. (m)(11)(D). Pub. L. 103-448, Sec. 204(v)(11), inserted 
before period at end ``and any other agency approved by the chief 
executive officer of the State''.
    Subsec. (o)(1)(B). Pub. L. 103-448, Sec. 204(w)(1)(D), substituted 
``special supplemental nutrition program'' for ``special supplemental 
food program''.
    1992--Subsec. (b)(8)(D). Pub. L. 102-342 inserted before period at 
end ``, homelessness, and migrancy''.
    Subsec. (b)(17) to (20). Pub. L. 102-512, Sec. 203, added pars. (17) 
to (20) and struck out former par. (17) which read as follows: `` 
`Competitive bidding' means a procurement process under which the State 
agency selects the single source offering the lowest price, as 
determined by the submission of sealed bids, for the product for which 
bids are sought.''
    Subsec. (f)(22). Pub. L. 102-512, Sec. 205, added par. (22).
    Subsec. (h)(2)(A). Pub. L. 102-512, Sec. 206, struck out ``shall'' 
after ``Such formula'', inserted ``shall'' after cl. designation in cls. 
(i) to (iii), and added cl. (iv).
    Subsec. (h)(8)(E)(ii). Pub. L. 102-512, Sec. 207, struck out ``that 
do not have large caseloads and'' after ``State agencies''.
    Subsec. (h)(8)(G) to (K). Pub. L. 102-512, Sec. 204, added subpars. 
(G) to (K) and struck out former subpar. (G) which read as follows: 
``Not later than the expiration of the 120-day period beginning on 
November 10, 1989, the Secretary shall prescribe regulations to carry 
out this paragraph. Such regulations shall address issues involved in 
comparing savings from different cost containment measures, as provided 
under subparagraph (B).''
    Subsec. (m). Pub. L. 102-314 amended subsec. (m) generally, 
substituting provisions relating to farmers' market nutrition program to 
benefit women, infants, and children nutritionally at risk for 
provisions relating to farmers' market food coupons demonstration 
project.
    1990--Subsec. (i)(3)(E) to (G). Pub. L. 101-330 added subpars. (E) 
to (G).
    1989--Subsec. (b)(17). Pub. L. 101-147, Sec. 123(a)(1), added par. 
(17).
    Subsec. (c)(3). Pub. L. 101-147, Sec. 326(b)(1), substituted 
``section 4 of the Agriculture and Consumer Protection Act of 1973'' for 
``section 1304 of the Food and Agriculture Act of 1977''.
    Subsec. (c)(4). Pub. L. 101-147, Sec. 326(a)(1), amended par. (4), 
as added by Pub. L. 99-591, Sec. 342(a), and Pub. L. 99-661, 
Sec. 4302(a), to read as if the addition by Pub. L. 99-661 had not been 
enacted, resulting in no change in text, see 1986 Amendment note below.
    Subsec. (d)(2). Pub. L. 101-147, Sec. 123(a)(2), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``The Secretary 
shall establish income eligibility standards to be used in conjunction 
with the nutritional risk criteria in determining eligibility of persons 
for participation in the program. Persons at nutritional risk shall be 
eligible for the program only if they are members of families that 
satisfy the income standards prescribed for free and reduced-price 
school meals under section 1758 of this title.''
    Subsec. (d)(4). Pub. L. 101-147, Sec. 326(b)(2), realigned margins 
of par. (4) and subpars. (A) to (C).
    Pub. L. 101-147, Sec. 326(a)(2), amended par. (4), as added by Pub. 
L. 99-591, Sec. 343(a), and Pub. L. 99-661, Sec. 4303(a), to read as if 
the addition by Pub. L. 99-661 had not been enacted, resulting in no 
change in text, see 1986 Amendment note below.
    Subsec. (e)(1). Pub. L. 101-147, Sec. 123(a)(3)(A), struck out at 
end ``The Secretary shall prescribe standards to ensure that adequate 
nutrition education services are provided. The State agency shall 
provide training to persons providing nutrition education under this 
section. Nutrition education shall be evaluated annually by each State 
agency, and such evaluation shall include the views of participants 
concerning the effectiveness of the nutrition education they have 
received.''
    Subsec. (e)(2). Pub. L. 101-147, Sec. 123(a)(3)(B), (C), added par. 
(2). Former par. (2) redesignated (3).
    Subsec. (e)(3). Pub. L. 101-147, Sec. 123(a)(3)(D), added par. (3) 
relating to State agency providing information and materials.
    Pub. L. 101-147, Sec. 123(a)(3)(B), redesignated former par. (2), 
relating to Secretary issuing materials, as (3).
    Subsec. (e)(4). Pub. L. 101-147, Sec. 123(a)(3)(D), added par. (4).
    Subsec. (e)(5). Pub. L. 101-147, Sec. 213(a)(1), added par. (5).
    Subsec. (f)(1)(C)(iii). Pub. L. 101-147, Sec. 123(a)(4)(A)(i), 
inserted ``local programs for breastfeeding promotion,'' after 
``immunization programs,'' and ``and treatment'' after ``alcohol and 
drug abuse counseling''.
    Subsec. (f)(1)(C)(vii). Pub. L. 101-147, Sec. 123(a)(4)(A)(ii), 
amended cl. (vii) generally. Prior to amendment, cl. (vii) read as 
follows: ``a plan to provide program benefits under this section to 
eligible persons most in need of the benefits and to enroll eligible 
women in the early months of pregnancy, to the maximum extent 
practicable;''.
    Subsec. (f)(1)(C)(viii) to (xiii). Pub. L. 101-147, 
Sec. 123(a)(4)(A)(iii), (iv), added cls. (viii) to (xi) and redesignated 
former cls. (viii) and (ix) as (xii) and (xiii), respectively.
    Subsec. (f)(7). Pub. L. 101-147, Sec. 213(a)(2)(A), designated 
existing provisions as subpar. (A) and added subpar. (B).
    Subsec. (f)(8)(A), (C). Pub. L. 101-147, Sec. 326(b)(3)(A), 
substituted ``individuals'' for ``persons''.
    Subsec. (f)(8)(D). Pub. L. 101-147, Sec. 123(a)(4)(B), added subpar. 
(D).
    Subsec. (f)(9). Pub. L. 101-147, Sec. 123(a)(4)(C), designated 
existing provisions as subpar. (A) and added subpar. (B).
    Subsec. (f)(10). Pub. L. 101-147, Sec. 326(b)(3)(B), substituted 
``an individual'' for ``a person'', ``individual's'' for ``person's'', 
and ``the individual'' for ``the person''.
    Subsec. (f)(14)(A). Pub. L. 101-147, Sec. 123(a)(4)(D), inserted ``, 
breastfeeding promotion,'' after ``nutrition education''.
    Subsec. (f)(17). Pub. L. 101-147, Secs. 123(a)(4)(E), 326(b)(3)(C), 
realigned margin of par. (17) and inserted before period at end ``and to 
accommodate the special needs and problems of individuals who are 
incarcerated in prisons or juvenile detention facilities''.
    Subsec. (f)(18) to (20). Pub. L. 101-147, Sec. 123(a)(4)(F), added 
pars. (18) to (20).
    Subsec. (f)(21). Pub. L. 101-147, Sec. 213(a)(2)(B), added par. 
(21).
    Subsec. (g)(1). Pub. L. 101-147, Sec. 123(a)(5)(A), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``There are 
authorized to be appropriated to carry out this section $1,570,000,000 
for the fiscal year ending September 30, 1986, and such sums as may be 
necessary for each of the fiscal years ending September 30, 1987, 
September 30, 1988, and September 30, 1989.''
    Subsec. (g)(2), (3). Pub. L. 101-147, Sec. 123(a)(5)(B), (C), added 
pars. (2) and (3). Former pars. (2) and (3) redesignated (4) and (5), 
respectively.
    Subsec. (g)(4). Pub. L. 101-147, Sec. 123(a)(5)(B), redesignated 
former par. (2) as (4).
    Subsec. (g)(5). Pub. L. 101-147, Sec. 123(a)(5)(D), substituted 
``$5,000,000'' for ``$3,000,000''.
    Pub. L. 101-147, Sec. 123(a)(5)(B), redesignated former par. (3) as 
(5).
    Subsec. (g)(6). Pub. L. 101-147, Sec. 123(a)(5)(E), added par. (6).
    Subsec. (h). Pub. L. 101-147, Sec. 123(a)(6), amended subsec. (h) 
generally, substituting provisions regarding the establishment and 
administration of national average participant grants for purposes of 
funding nutrition services and administration and provisions on 
breastfeeding promotion and procurement of infant formula, for 
provisions limiting funding for nutrition services and administration to 
20% of the total funding for the section, providing a formula for 
distributing funds to States and setting forth various administrative 
duties.
    Subsec. (i)(1). Pub. L. 101-147, Sec. 123(a)(7)(A), substituted 
``amounts made available for food benefits under subsection (h)(1)(C) of 
this section'' for ``funds provided in accordance with this section''.
    Subsec. (i)(3)(D). Pub. L. 101-147, Sec. 123(a)(7)(B), substituted 
``cost containment measures as defined in subsection (h)(9)'' for 
``approved cost-savings strategies as identified in subsection 
(h)(5)(A)'' and ``not more than 3 percent'' for ``at the discretion of 
the Secretary, up to 5 percent''.
    Subsec. (i)(7). Pub. L. 101-147, Sec. 123(a)(7)(C), added par. (7).
    Subsec. (j). Pub. L. 101-147, Sec. 123(a)(8), substituted ``every 
other year'' for ``each year''.
    Subsec. (k)(1). Pub. L. 101-147, Sec. 123(a)(9), substituted ``24'' 
for ``twenty-three'' and inserted ``1 member shall be an expert in the 
promotion of breast feeding;'' after ``the Secretary;''.
    Subsec. (m)(7)(B). Pub. L. 101-147, Sec. 326(b)(4)(A), struck out 
``(7 U.S.C. 2011 et seq.)'' after ``Food Stamp Act of 1977''.
    Subsec. (m)(11)(A). Pub. L. 101-147, Sec. 326(b)(4)(B), substituted 
``individual'' for ``person''.
    Subsec. (n)(1). Pub. L. 101-147, Sec. 326(b)(5), substituted ``the 
date of enactment of the Anti-Drug Abuse Act of 1988'' for ``the date of 
enactment of this Act'' in the original, which for purposes of 
codification was translated as ``November 18, 1988'', resulting in no 
change in text.
    Subsecs. (o), (p). Pub. L. 101-147, Sec. 123(a)(10), added subsecs. 
(o) and (p).
    1988--Subsec. (a). Pub. L. 100-690, Sec. 3201(1), substituted 
``health problems, including drug abuse,'' for ``health problems''.
    Subsec. (b)(15). Pub. L. 100-435, Sec. 212(a), added par. (15).
    Subsec. (b)(16). Pub. L. 100-690, Sec. 3201(2), added par. (16).
    Subsec. (c)(1). Pub. L. 100-435, Sec. 212(b), amended last sentence 
generally, designating existing provisions as cls. (A) and (B) and 
adding cl. (C).
    Subsec. (e)(1). Pub. L. 100-690, Sec. 3201(3), substituted 
``nutrition education and drug abuse education'' for ``nutrition 
education'' in first and second sentences.
    Subsec. (f)(1)(C)(iii). Pub. L. 100-690, Sec. 3201(4)(A), inserted 
``drug abuse education,'' after ``family planning,''.
    Pub. L. 100-237, Sec. 9, substituted ``maternal and child health 
care, and medicaid programs'' for ``and maternal and child health care 
programs''.
    Subsec. (f)(1)(C)(iv). Pub. L. 100-435, Sec. 212(c)(1), substituted 
``migrants, homeless individuals,'' for ``migrants''.
    Subsec. (f)(1)(C)(vii) to (ix). Pub. L. 100-237, Sec. 8(b), struck 
out ``and'' at end of cl. (vii), added cl. (viii), and redesignated 
former cl. (viii) as (ix).
    Subsec. (f)(8)(A). Pub. L. 100-435, Sec. 212(c)(2), inserted 
``organizations and agencies serving homeless individuals and shelters 
for victims of domestic violence,'' after ``Indian tribal 
organizations,''.
    Subsec. (f)(13). Pub. L. 100-435, Sec. 212(c)(3), inserted ``, and, 
in the case of homeless individuals, the special needs and problems of 
such individuals'' before period at end.
    Subsec. (f)(14)(A). Pub. L. 100-690, Sec. 3201(4)(B), inserted ``and 
drug abuse education'' after ``education''.
    Subsec. (f)(16). Pub. L. 100-237, Sec. 11, added par. (16).
    Subsec. (f)(17). Pub. L. 100-435, Sec. 212(c)(4), added par. (17).
    Subsec. (h)(5). Pub. L. 100-237, Sec. 8(a), added par. (5).
    Subsec. (h)(5)(D), (E). Pub. L. 100-356, Sec. 3(a), added subpars. 
(D) and (E).
    Subsec. (i)(3)(A). Pub. L. 100-237, Sec. 12(1), inserted ``and 
subject to subparagraphs (B) and (C)'' after ``paragraph (2)'', and 
substituted ``and'' for ``or'' at end of cl. (i).
    Subsec. (i)(3)(C). Pub. L. 100-237, Sec. 12(2), added subpar. (C).
    Subsec. (i)(3)(D). Pub. L. 100-356, Sec. 3(b), added subpar. (D).
    Subsec. (k)(1). Pub. L. 100-690, Sec. 3201(5)(A), (B), increased 
membership of Council to twenty-three from twenty-one members and 
included experts in drug abuse education and prevention and alcohol 
abuse education and prevention.
    Subsec. (m). Pub. L. 100-435, Sec. 501(b), added subsec. (m).
    Subsec. (n). Pub. L. 100-690, Sec. 3201(6), added subsec. (n).
    1987--Subsec. (g)(1). Pub. L. 100-71 inserted ``and'' after 
``September 30, 1986,'' and substituted ``September 30, 1988, and 
September 30, 1989'' for ``and September 30, 1988, and $1,782,000,000 
for the fiscal year ending September 30, 1989''.
    1986--Subsec. (b)(1) to (4). Pub. L. 99-500 and Pub. L. 99-591, 
Sec. 341(a), and Pub. L. 99-661, Sec. 4301(a), amended subsec. (b) 
identically, redesignating pars. (2) to (4) as (1) to (3), respectively, 
adding par. (4), and striking out former par. (1) which defined 
``Administrative costs''.
    Subsec. (b)(6), (13). Pub. L. 99-500 and Pub. L. 99-591, 
Sec. 372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended pars. (6) 
and (13) identically, substituting ``Health and Human Services'' for 
``Health, Education, and Welfare''.
    Subsec. (c)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 314(1), and 
Pub. L. 99-661, Sec. 4104(1), amended par. (2) identically, substituting 
``Subject to amounts appropriated to carry out this section under 
subsection (g) of this section'' for ``Subject to the authorization 
levels specified in subsection (g) of this section for the fiscal years 
ending September 30, 1979, and September 30, 1980, and subject to 
amounts appropriated for this program for the fiscal year ending 
September 30, 1981, and for each succeeding fiscal year ending on or 
before September 30, 1984''.
    Subsec. (c)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 342(a), and 
Pub. L. 99-661, Sec. 4302(a), amended subsec. (c) identically, adding 
par. (4).
    Subsec. (d)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 343(a), and 
Pub. L. 99-661, Sec. 4303(a), amended subsec. (d) identically, adding 
par. (4).
    Subsec. (e)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 372(b)(1), 
and Pub. L. 99-661, Sec. 4502(b)(1), amended par. (2) identically, 
substituting ``Health and Human Services'' for ``Health, Education, and 
Welfare''.
    Subsec. (f)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec. 344(a), and 
Pub. L. 99-661, Sec. 4304(a), generally amended par. (1) identically, 
substituting subpars. (A) to (E) for former subpars. (A) to (L) and 
concluding provisions.
    Subsec. (f)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 345, and 
Pub. L. 99-661, Sec. 4305, generally amended par. (2) identically. Prior 
to amendment, par. (2) read as follows: ``Not less than one month prior 
to the submission to the Governor of the plan of operation and 
administration required by this subsection, the State agency shall 
conduct hearings to enable the general public to participate in the 
development of the State agency plan.''
    Subsec. (f)(8). Pub. L. 99-500 and Pub. L. 99-591, Sec. 346, and 
Pub. L. 99-661, Sec. 4306, generally amended par. (8) identically. Prior 
to amendment, par. (8) read as follows: ``The State agency shall, in 
cooperation with participating local agencies, publicize the 
availability of program benefits, including the eligibility criteria for 
participation and the location of local agencies operating the program. 
Such information shall be publicly announced by the State agency and by 
local agencies at least annually. Such information shall also be 
distributed to offices and organizations that deal with significant 
numbers of potentially eligible persons, including health and medical 
organizations, hospitals and clinics, welfare and unemployment offices, 
social service agencies, farmworker organizations, Indian tribal 
organizations, and religious and community organizations in low income 
areas.''
    Subsec. (f)(11). Pub. L. 99-500 and Pub. L. 99-591, Sec. 341(b)(1), 
and Pub. L. 99-661, Sec. 4301(b)(1), amended par. (11) identically, 
substituting ``funds for nutrition services and administration'' for 
``administrative funds''.
    Subsec. (f)(15). Pub. L. 99-500 and Pub. L. 99-591, Sec. 347, and 
Pub. L. 99-661, Sec. 4307, amended subsec. (f) identically, adding par. 
(15).
    Subsec. (g)(1). Pub. L. 99-661, Sec. 4104(2), designated existing 
provision authorizing appropriations of $550,000,000 for fiscal year 
ending Sept. 30, 1979, $750,000,000 for fiscal year ending Sept. 30, 
1980, $900,000,000 for fiscal year ending Sept. 30, 1981, $1,017,000,000 
for fiscal year ending Sept. 30, 1982, $1,060,000,000 for fiscal year 
ending Sept. 30, 1983, and $1,126,000,000 for fiscal year ending Sept. 
30, 1984 as par. (1), and substituted provision authorizing 
appropriations of $1,570,000,000 for fiscal year ending Sept. 30, 1986, 
such sums as may be necessary for each of fiscal years ending Sept. 30, 
1987, and Sept. 30, 1988, and $1,782,000,000 for fiscal year ending 
Sept. 30, 1989.
    Pub. L. 99-500 and Pub. L. 99-591, Sec. 314(2), designated existing 
provision authorizing appropriations of $550,000,000 for fiscal year 
ending Sept. 30, 1979, $750,000,000 for fiscal year ending Sept. 30, 
1980, $900,000,000 for fiscal year ending Sept. 30, 1981, $1,017,000,000 
for fiscal year ending Sept. 30, 1982, $1,060,000,000 for fiscal year 
ending Sept. 30, 1983, and $1,126,000,000 for fiscal year ending Sept. 
30, 1984, as par. (1), and in par. (1) as so designated, substituted 
provision authorizing appropriations of $1,580,494,000 for fiscal year 
ending Sept. 30, 1986, such sums as may be necessary for each of fiscal 
years ending Sept. 30, 1987, and Sept. 30, 1988, and $1,782,000,000 for 
fiscal year ending Sept. 30, 1989.
    Subsec. (g)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 348(a), and 
Pub. L. 99-661, Sec. 4308(a), amended subsec. (g) identically, adding 
par. (2).
    Subsec. (g)(3). Pub. L. 99-500 and Pub. L. 99-591, Secs. 314(2)(A), 
343(b), 349, and Pub. L. 99-661, Secs. 4104(2)(A), 4303(b), 4309, 
amended subsec. (g) identically, designating provisions as par. (3) and 
inserting ``preparing the report required under subsection (d)(4) of 
this section, providing technical assistance to improve State agency 
administrative systems,''.
    Subsec. (h)(1). Pub. L. 99-500 and Pub. L. 99-591, Secs. 341(b)(2), 
350, and Pub. L. 99-661, Secs. 4301(b)(2), 4310, amended par. (1) 
identically, substituting ``costs for nutrition services and 
administration'' for ``administrative costs'' in three places and 
inserting at end ``The Secretary shall limit to a minimal level any 
documentation required under the preceding sentence.''
    Subsec. (h)(2). Pub. L. 99-500 and Pub. L. 99-591, Secs. 314(3), 
341(b)(1), and Pub. L. 99-661, Secs. 4104(3), 4301(b)(1), amended par. 
(2) identically, substituting ``1989'' for ``1984'' and ``funds for 
nutrition services and administration'' for ``administrative funds''.
    Subsec. (h)(3). Pub. L. 99-500 and Pub. L. 99-591, Secs. 341(b), 
351, and Pub. L. 99-661, Secs. 4301(b), 4311, amended par. (3) 
identically, substituting ``funds for nutrition services and 
administration'' for ``administrative funds'' in two places and ``costs 
for nutrition services and administration'' for ``administrative costs'' 
and striking out ``, which satisfy allocation guidelines established by 
the Secretary'' after ``several local agencies'' and last sentence which 
read as follows: ``These allocation standards shall be included in the 
plan of operation and administration required by subsection (f) of this 
section.''
    Subsec. (h)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 352, and 
Pub. L. 99-661, Sec. 4312, amended par. (4) identically, substituting 
``may'' for ``shall''.
    Pub. L. 99-500 and Pub. L. 99-591, Sec. 341(b)(1), and Pub. L. 99-
661, Sec. 4301(b)(1), amended par. (4) identically, substituting ``funds 
for nutrition services and administration'' for ``administrative 
funds''.
    Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 353(a), and 
Pub. L. 99-661, Sec. 4313, amended subsec. (i) identically, designating 
existing provisions as pars. (1), (2), and (4) to (6) and adding par. 
(3).
    Subsec. (k)(1), (2). Pub. L. 99-500 and Pub. L. 99-591, 
Sec. 372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended pars. (1) 
and (2) identically, substituting ``Health and Human Services'' for 
``Health, Education, and Welfare'' in two places in par. (1) and in one 
place in par. (2).
    1981--Subsec. (g). Pub. L. 97-35 inserted provisions setting forth 
specific appropriations for fiscal years ending Sept. 30, 1982, 1983, 
and 1984.
    1980--Subsec. (c)(2). Pub. L. 96-499, Sec. 203(d)(1), substituted 
``for the fiscal year ending September 30, 1981, and for each succeeding 
fiscal year ending on or before September 30, 1984'' for ``for the 
fiscal years ending September 30, 1981, and September 30, 1982''.
    Subsec. (g). Pub. L. 96-499, Sec. 203(d)(2), substituted ``such sums 
as may be necessary for the three subsequent fiscal years'' for 
``$950,000,000 for the fiscal year ending September 30, 1982''.
    Subsec. (h)(2). Pub. L. 96-499, Sec. 203(d)(3), substituted ``1984'' 
for ``1982''.
    1979--Subsec. (g). Pub. L. 96-108 substituted ``$750,000,000'' for 
``$800,000,000''.
    1978--Subsec. (a). Pub. L. 95-627 expanded provisions of this 
section to include postpartum and breastfeeding women.
    Subsec. (b). Pub. L. 95-627 substituted provisions defining terms 
for purposes of this section for provisions relating to cash grants to 
State health departments, Indians, and other agencies for supplemental 
food to pregnant and lactating women and infants.
    Subsec. (c). Pub. L. 95-627 substituted provisions authorizing 
grants-in-aid by the Secretary, prohibiting ratable reductions of 
amounts of food an agency may distribute, authorizing affirmative 
actions to institute the program where needed, and authorizing the 
issuance of regulations relating to dual receipt of benefits under a 
commodity supplemental food program for provisions authorizing 
appropriations to carry out the food program for each fiscal year during 
the period ending Sept. 30, 1978.
    Subsec. (d). Pub. L. 95-627 substituted provisions specifying 
persons eligible to participate in the food program for provisions 
prescribing administrative cost limitations and calling for approval by 
the Secretary of the manner of expenditure by the recipient agencies.
    Subsec. (e). Pub. L. 95-627 substituted provisions relating to 
nutrition education for program participants for provisions relating to 
persons eligible to participate in the program. See subsec. (d) of this 
section.
    Subsec. (f). Pub. L. 95-627 substituted provisions relating to 
submittal of State operational and administrative plans, participation 
in the program by eligible migrants, recordkeeping, certain types of 
notification, hearings, certification of eligibility, withholding of 
funds, issuance of regulations, and use of foreign languages for 
provisions relating to the maintenance of adequate medical records, the 
establishment of an advisory committee to study methods of evaluating 
the health benefits of the program, and the submittal of a report to 
Congress based upon such study no later than June 1, 1976.
    Subsec. (g). Pub. L. 95-627 substituted provisions authorizing 
appropriations for fiscal years ending Sept. 30, 1979, 1980, 1981, and 
1982 for provisions defining terms for purposes of this section. See 
subsec. (b) of this section.
    Subsec. (h). Pub. L. 95-627 substituted provisions relating to 
allocation of funds for administrative costs for provisions relating to 
establishment of the National Advisory Council on Maternal, Infant, and 
Fetal Nutrition.
    Subsecs. (i) to (l). Pub. L. 95-627 added subsecs. (i) to (l).
    1977--Subsec. (d). Pub. L. 95-166, Sec. 20(6), substituted ``each 
year by not later than a date specified by the Secretary'' for ``by 
January 1 of each year (by December 1 in the case of fiscal year 
1976)''.
    Subsec. (h)(8). Pub. L. 95-166, Sec. 18, inserted proviso respecting 
compensation of parent recipient members of the Council.
    1975--Subsec. (a). Pub. L. 94-105 added subsec. (a). Former subsec. 
(a) redesignated (b).
    Pub. L. 94-28, Sec. 1(a), inserted ``and for the period July 1, 
1975, through September 30, 1975,'' after ``1975,''.
    Subsec. (b)(1), (2). Pub. L. 94-105 redesignated former subsec. (a) 
as (b)(1), added (b)(2), and in (b)(1) as so redesignated, extended the 
program from Sept. 30, 1975 through the fiscal year ending Sept. 30, 
1978 and made minor changes in phraseology. Former subsec. (b) 
redesignated (c).
    Pub. L. 94-28, Sec. 1(b), inserted ``and for the period July 1, 
1975, through September 30, 1975,'' after ``1975,''.
    Subsec. (c). Pub. L. 94-105 redesignated former subsec. (b) as (c), 
and in subsec. (c) as so redesignated, authorized the appropriation of 
$250,000,000 during each fiscal year during the period ending Sept. 30, 
1977, authorized the amount of $250,000,000 which the Secretary can use 
out of the funds appropriated by section 612c of Title 7 in the event 
that less than $250,000,000 has been appropriated by the beginning of 
each fiscal year and authorized the appropriation of not to exceed 
$250,000,000 during the fiscal year ending Sept. 30, 1978. Former 
subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 94-105 redesignated former subsec. (c) as (d), 
and in subsec. (d) as so redesignated, increased from 10 to 20 per 
centum the amount of administrative costs the Secretary is authorized to 
pay except that in the first 3 months or until the projected caseload 
level has been reached the Secretary shall pay those administrative 
costs necessary to commence the program successfully, inserted provision 
relating to submission for approval of a description of the manner in 
which administrative funds shall be spent, and directed the Secretary to 
take affirmative action to insure that programs begin in the most needy 
areas. Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 94-105 redesignated former subsec. (d) as (e) 
and in subsec. (e) as so redesignated, substituted ``under this 
section'' for ``under subsection (a) of this section'' and inserted ``or 
members of populations'' after ``residents of areas''. Former subsec. 
(e) redesignated (f).
    Subsec. (f). Pub. L. 94-105 redesignated former subsec. (e) as (f), 
and in subsec. (f) as so redesignated, substituted provisions relating 
to the convention of an advisory committee to study methods available to 
evaluate the health benefits of the program with a report to the 
Secretary who shall report to Congress no later than June 1, 1976, for 
provision that the Secretary and Comptroller General of the United 
States submit preliminary reports to Congress no later than Oct. 1, 1974 
and submit no later than March 30, 1975 evaluations of the program and 
recommendations with regard to its continuation. Former subsec. (f) 
redesignated (g).
    Subsec. (g). Pub. L. 94-105 redesignated former subsec. (f) as (g), 
and in subsec. (g) as so redesignated, substituted ``includes women 
from'' for ``includes mothers from'', and expanded definition of 
lactating women who are breast feeding an infant up to one year of age 
and all women for a period of six months post partum, in par. (1); 
substituted ``5 years'' for ``four years'' wherever appearing and 
inserted ``(at the discretion of the Secretary)'' after ``may also 
include'', in par. (2); struck out ``food product'' before 
``commercially formulated'', inserted ``women or'' before ``infants'' 
and inserted provision relating to the availability of the contents of 
the food package, in par. (3).
    Subsec. (h). Pub. L. 94-105 added subsec. (h).
    1974--Subsec. (b). Pub. L. 93-326 increased from $40,000,000 to 
$100,000,000 appropriation authorization for fiscal year ending June 30, 
1975, and increased from $40,000,000 to $100,000,000 amount which 
Secretary can use out of funds appropriated by section 612c of Title 7 
in event that less than $100,000,000 has been appropriated by Aug. 1, 
1974, for carrying out special supplemental food program for fiscal year 
ending June 30, 1975.
    1973--Subsec. (a). Pub. L. 93-150, Sec. 6(a), provided for cash 
grants during fiscal year ending June 30, 1975, substituted in first 
sentence in two places ``State; Indian tribe, band, or group recognized 
by the Department of the Interior; or the Indian Health Service of the 
Department of Health, Education, and Welfare'' for ``State'', and 
substituted in second sentence provision for operation of the program 
for a ``three-year'' rather than a ``two-year'' period.
    Subsec. (b). Pub. L. 93-150, Sec. 6(b), authorized appropriation of 
$40,000,000 for fiscal year ending June 30, 1975, and provided that in 
the event such sum was not appropriated by August 1, 1974, the Secretary 
was to use $40,000,000, or, if any amount had been appropriated, the 
difference, if any, between the amount directly appropriated and 
$40,000,000, out of funds appropriated by section 612c of title 7.
    Subsec. (e). Pub. L. 93-150, Sec. 6(c), extended dates for 
submission of preliminary and final evaluation reports from Oct. 1, 
1973, to Oct. 1, 1974, and from Mar. 30, 1974, to Mar. 30, 1975, 
respectively.

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section 401 
of Pub. L. 105-336, set out as a note under section 1755 of this title.


                    Effective Date of 1996 Amendment

    Amendment by section 109(h) of Pub. L. 104-193 effective July 1, 
1997, with transition rules relating to State options to accelerate such 
date, rules relating to claims, actions, and proceedings commenced 
before such date, rules relating to closing out of accounts for 
terminated or substantially modified programs and continuance in office 
of Assistant Secretary for Family Support, and provisions relating to 
termination of entitlement under AFDC program, see section 116 of Pub. 
L. 104-193, as amended, set out as an Effective Date note under section 
601 of this title.
    Section 729(g)(2) of Pub. L. 104-193 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall not apply to a 
contract for the procurement of infant formula under section 17(h)(8) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)) that is in effect 
on the date of enactment of this subsection [Aug. 22, 1996].''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section 401 
of Pub. L. 103-448, set out as a note under section 1755 of this title.


           Effective and Termination Dates of 1992 Amendments

    Section 209 of title II of Pub. L. 102-512, which provided that the 
authority provided and the amendments made by title II of Pub. L. 102-
512, amending this section and enacting provisions set out as notes 
under this section and section 1771 of this title, would terminate on 
Sept. 30, 1994, except with regard to subsec. (h)(8)(J) of this section, 
as amended by section 204 of Pub. L. 102-512, was repealed, eff. Oct. 1, 
1994, by Pub. L. 103-448, title II, Sec. 204(o)(2), title IV, Sec. 401, 
Nov. 2, 1994, 108 Stat. 4742, 4751.
    Section 4 of Pub. L. 102-314 provided that: ``The amendment made by 
section 3 [amending this section] shall be effective as of October 1, 
1991.''


                    Effective Date of 1989 Amendment

    Section 123(f)(2) of Pub. L. 101-147 provided that: ``The amendments 
made by subsections (a)(5), (a)(6), and (a)(7) [amending this section] 
shall be effective as of October 1, 1989.''


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-435 to be effective and implemented on Oct. 
1, 1988, see section 701(a) of Pub. L. 100-435, set out as a note under 
section 2012 of Title 7, Agriculture.
    Section 8(d) of Pub. L. 100-237 provided that: ``The amendment made 
by subsections (a), (b), and (c) [amending this section and enacting 
provisions set out below] shall take effect October 1, 1987.''


                    Effective Date of 1986 Amendments

    Section 342(b) of Pub. L. 99-500 and Pub. L. 99-591 and section 
4302(b) of Pub. L. 99-661 provided that: ``The amendment made by 
subsection (a) [amending this section] shall apply to a State beginning 
with the fiscal year that commences after the end of the first regular 
session of the State legislature following the date of the enactment of 
this title [Oct. 18, 1986].''
    Section 344(b) of Pub. L. 99-500 and Pub. L. 99-591 and section 
4304(b) of Pub. L. 99-661 provided that: ``The amendment made by 
subsection (a) [amending this section] shall apply to a plan submitted 
by a State agency under section 17(f)(1) of the Child Nutrition Act of 
1966 [subsec. (f)(1) of this section] for the fiscal year ending 
September 30, 1987, and each fiscal year thereafter.''
    Section 347 of Pub. L. 99-500 and Pub. L. 99-591 and section 4307 of 
Pub. L. 99-661 provided that the amendment made by section 347 of Pub. 
L. 99-500 and Pub. L. 99-591 and by section 4307 of Pub. L. 99-661 is 
effective Oct. 1, 1986.
    Section 348(a) of Pub. L. 99-500 and Pub. L. 99-591 and section 
4308(a) of Pub. L. 99-661 provided that the amendment made by section 
348(a) of Pub. L. 99-500 and Pub. L. 99-591 and by section 4308(a) of 
Pub. L. 99-661 is effective Oct. 1, 1986.
    Section 352 of Pub. L. 99-500 and Pub. L. 99-591 and section 4312 of 
Pub. L. 99-661 provided that the amendment made by section 352 of Pub. 
L. 99-500 and Pub. L. 99-591 and by section 4312 of Pub. L. 99-661 is 
effective Oct. 1, 1986.
    Section 353(b) of Pub. L. 99-500 and Pub. L. 99-591 and section 
4313(b) of Pub. L. 99-661 were substantially identical in providing 
that: ``Section 17(i)(3)(A)(i) of the Child Nutrition Act of 1966 
[subsec. (i)(3)(A)(i) of this section] (as amended by subsection (a)) 
shall not apply to appropriations made before the date of enactment of 
this title [Oct. 18, 1986].''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 
820(a)(7)(B) of Pub. L. 97-35, set out as a note under section 1753 of 
this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section 14 
of Pub. L. 95-627, set out as a note under section 1755 of this title.


                    Effective Date of 1977 Amendment

    Section 20 of Pub. L. 95-166 provided that the amendment made by 
that section is effective July 1, 1977.


                    Effective Date of 1975 Amendment

    Section 14 of Pub. L. 94-105 provided that the amendment made by 
that section is effective beginning with the fiscal year ending June 30, 
1976.


                    Termination of Advisory Councils

    Advisory councils established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a council established by the 
President or an officer of the Federal Government, such council is 
renewed by appropriate action prior to the expiration of such 2-year 
period, or in the case of a council established by the Congress, its 
duration is otherwise provided by law. See sections 3(2) and 14 of Pub. 
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to 
Title 5, Government Organization and Employees.


                               Regulations

    Pub. L. 105-336, title II, Sec. 203(f)(2), Oct. 31, 1998, 112 Stat. 
3160, provided that: ``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
        ``(B) not later than March 1, 2000, final regulations to carry 
    out section 17(f)(24) of that Act.''
    Pub. L. 105-336, title II, Sec. 203(l)(2), Oct. 31, 1998, 112 Stat. 
3162, provided that: ``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.''
    Pub. L. 105-336, title II, Sec. 203(p)(2), Oct. 31, 1998, 112 Stat. 
3165, provided that: ``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.''
    Section 123(f)(1) of Pub. L. 101-147 provided that: ``Not later than 
July 1, 1990, the Secretary of Agriculture shall issue final regulations 
to implement the amendments made by subsections (a)(2), (a)(3), and 
(a)(4) [amending this section].''
    Section 213(b) of Pub. L. 101-147 provided that: ``Not later than 
July 1, 1990, the Secretary of Agriculture shall issue final regulations 
to implement the amendments made by subsection (a) [amending this 
section].''
    Section 13 of Pub. L. 95-627 provided that:
    ``(a) The Secretary shall promulgate regulations to implement the 
provisions of section 3 of this Act [amending this section] within one 
hundred and twenty days of the date of enactment of this Act [Nov. 10, 
1978].
    ``(b) The provisions of section 17 of the [Richard B. Russell] 
National School Lunch Act [section 1766 of this title] and section 17 of 
the Child Nutrition Act of 1966 [this section], in effect prior to the 
effective date of sections 2 and 3 of this Act [Oct. 1, 1978], which are 
relevant to current regulations of the Secretary governing the child 
care food program and the special supplemental food program, 
respectively, shall remain in effect until such regulations are revoked, 
superseded, amended, or modified by regulations issued under those 
sections as amended by sections 2 and 3 of this Act.
    ``(c) Pending proceedings under section 17 of the National School 
Lunch Act [section 1766 of this title] and section 17 of the Child 
Nutrition Act of 1966 [this section] shall not be abated by reason of 
any provision of sections 2 and 3 of this Act [amending this section and 
section 1766 of this title], but shall be disposed of under the 
applicable provisions of section 17 of the National School Lunch Act and 
section 17 of the Child Nutrition Act of 1966 in effect prior to the 
effective date of sections 2 and 3 of this Act [Oct. 1, 1978].
    ``(d) Appropriations made available to carry out section 17 of the 
National School Lunch Act [section 1766 of this title] and section 17 of 
the Child Nutrition Act of 1966 [this section] shall be available to 
carry out the provisions of sections 2 and 3 of this Act [amending this 
section and section 1766 of this title].''


                   Study of Cost Containment Practices

    Pub. L. 105-336, title II, Sec. 203(r), Oct. 31, 1998, 112 Stat. 
3166, provided that:
    ``(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) 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 [Oct. 31, 1998], an interim report describing the results of the 
    study conducted under paragraph (1); and
        ``(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).''


                          Study of WIC Services

    Pub. L. 105-336, title II, Sec. 203(s), Oct. 31, 1998, 112 Stat. 
3167, provided that:
    ``(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) Report.--Not later than 3 years after the date of enactment of 
this Act [Oct. 31, 1998], 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).''


  Reference to Community, Migrant, Public Housing, or Homeless Health 
              Center Considered Reference to Health Center

    Reference to community health center, migrant health center, public 
housing health center, or homeless health center considered reference to 
health center, see section 4(c) of Pub. L. 104-299, set out as a note 
under section 254b of this title.


            Promotion by Secretary of Use of Farmers' Markets

    Section 204(v)(12) of Pub. L. 103-448 provided that: ``The Secretary 
of Agriculture shall promote the use of farmers' markets by recipients 
of Federal nutrition programs administered by the Secretary.''


             References to Special Supplemental Food Program

    Section 204(w)(3) of Pub. L. 103-448 provided that: ``Any reference 
to the special supplemental food program established under section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786) in any provision of 
law, regulation, document, record, or other paper of the United States 
shall be considered to be a reference to the special supplemental 
nutrition program established under such section.''


          WIC Infant Formula Protection; Findings and Purposes

    Section 202 of title II of Pub. L. 102-512, as amended by Pub. L. 
103-448, title II, Sec. 204(w)(2)(F), Nov. 2, 1994, 108 Stat. 4746, 
provided that:
    ``(a) Findings.--
        ``(1) the domestic infant formula industry is one of the most 
    concentrated manufacturing industries in the United States;
        ``(2) only three pharmaceutical firms are responsible for almost 
    all domestic infant formula production;
        ``(3) coordination of pricing and marketing strategies is a 
    potential danger where only a very few companies compete regarding a 
    given product;
        ``(4) improved competition among suppliers of infant formula to 
    the special supplemental food program [special supplemental 
    nutrition program] for women, infants, and children (WIC) can save 
    substantial additional sums to be used to put thousands of 
    additional eligible women, infants, and children on the WIC program; 
    and
        ``(5) barriers exist in the infant formula industry that inhibit 
    the entry of new firms and thus limit competition.
    ``(b) Purposes.--It is the purpose of this title [amending this 
section and enacting provisions set out as notes under this section and 
section 1771 of this title] to enhance competition among infant formula 
manufacturers and to reduce the per unit costs of infant formula for the 
special supplemental nutrition program for women, infants, and children 
(WIC).''


                Study of Infant Formula Bid Solicitations

    Section 208 of title II of Pub. L. 102-512 directed Secretary of 
Agriculture, not later than Apr. 1, 1994, to report to Congress on State 
agencies that request the Secretary of Agriculture to conduct bid 
solicitations for infant formula under 42 U.S.C. 1786(h)(8)(G)(i), cost 
reductions achieved by the solicitations, and other matters the 
Secretary determined to be appropriate regarding title II of Pub. L. 
102-512.


    Women, Infants, and Children Farmers' Market Nutrition Program; 
                   Congressional Statement of Purpose

    Section 2 of Pub. L. 102-314 provided that: ``The purpose of this 
Act [amending this section and enacting provisions set out as notes 
under this section and section 1771 of this title] is to authorize 
grants to be made to State programs designed to--
        ``(1) provide resources to women, infants, and children who are 
    nutritionally at risk in the form of fresh nutritious unprepared 
    foods (such as fruits and vegetables), from farmers' markets; and
        ``(2) expand the awareness and use of farmers' markets and 
    increase sales at such markets.''


             Review of Priority System; Reports to Congress

    Section 123(b) of Pub. L. 101-147 directed Secretary of Agriculture 
to review relationship between nutritional risk criteria established 
under this section and priority system used under special supplemental 
food program under this section, especially as it affected pregnant 
women, and to submit preliminary and final reports to Congress on 
results of review by Oct. 1, 1990, and by July 1, 1991, respectively.


                       Report on WIC Food Package

    Section 123(c) of Pub. L. 101-147 directed Secretary of Agriculture 
to review appropriateness of foods eligible for purchase under special 
supplemental food program under this section and to submit preliminary 
and final reports to Congress on findings of review by June 30, 1991, 
and by June 30, 1992, respectively.


        Report on Costs for Nutrition Services and Administration

    Section 123(d) of Pub. L. 101-147 directed Secretary of Agriculture 
to review effect on costs for nutrition services and administration 
incurred by State and local agencies of sections 123 and 213 of Pub. L. 
101-647, and the amendments made by such sections, amending this section 
and enacting provisions set out as notes under this section (including 
effect of both increases and decreases in requirements imposed on such 
agencies), and to report results of such review to Congress not later 
than one year after Nov. 10, 1989.


                           Paperwork Reduction

    Section 123(e) of Pub. L. 101-147 provided that: ``In implementing 
and monitoring compliance with the provisions of the amendments made by 
this section [amending this section] (other than the amendment made by 
subsection (a)(2) to section 17(d)(2) of the Child Nutrition Act of 1966 
(42 U.S.C. 1786(d)(2)), the Secretary of Agriculture shall not impose 
any new requirement on a State or local agency that would require the 
State or local agency to place additional paperwork or documentation in 
a case file maintained by a local agency.''


              Farmers' Market Coupons Demonstration Project

    Section 501(a) of Pub. L. 100-435 provided that: ``The purpose of 
this section is to authorize the establishment of a grant program to 
encourage State demonstration projects designed to--
        ``(1) provide resources to persons who are nutritionally at risk 
    in the form of fresh nutritious unprepared foods (such as fruits and 
    vegetables), from farmers' markets; and
        ``(2) expand the awareness and use of farmers' markets and 
    increase sales at such markets.''


         Study of Nutrition Services and Administration Funding

    Section 8(c) of Pub. L. 100-237 directed Secretary to conduct a 
study of appropriateness of percentage of annual appropriation for the 
program required by 42 U.S.C. 1786(h)(1) to be made available for State 
and local agency costs for nutrition services and administration, and to 
report results of this study to Congress not later than Mar. 1, 1989, 
such study to include an analysis of the impact in future years on per 
participant administrative costs if a substantial number of States 
implement competitive bidding, rebate, direct distribution, or home 
delivery systems and to examine the impact of percentage provided for 
nutrition services and administration on quality of such services.


         Study of Medicaid Savings for Newborns From WIC Program

    Section 10 of Pub. L. 100-237 directed Secretary of Agriculture to 
study medicaid savings for newborns as result of prenatal participation 
by mothers in special supplemental food program under this section and 
to report study results to Congress by Feb. 1, 1990. Similar provisions 
were contained in Pub. L. 100-202, Sec. 101(k) [title III], Dec. 22, 
1987, 101 Stat. 1329-349.


                   Accountability for Migrant Services

    Section 348(b) of Pub. L. 99-500 and Pub. L. 99-591 and section 
4308(b) of Pub. L. 99-661 provided that: ``To the extent possible, 
accountability for migrant services under section 17(g)(2) of the Child 
Nutrition Act of 1966 [subsec. (g)(2) of this section] (as added by 
subsection (a)) shall be conducted under regulations in effect on the 
date of the enactment of this Act [Oct. 18, 1986].''

                  Section Referred to in Other Sections

    This section is referred to in sections 280c-6, 1396a, 1396r-1, 
1396r-1a, 1760, 1766, 1769f, 1769h, 1776, 1784 of this title; title 7 
sections 2018, 2021; title 10 section 1060a; title 20 section 6082; 
title 31 section 3803.
