PUBLIC LAW 105-336—OCT. 31, 1998 112 STAT. 3159 "(C) PHYSICAL PRESENCE.— "(i) IN GENERAL.— Except as provided in clause (ii) and subject to the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), each individual seeking certification or recertification for participation in the program shall be physically present at each certification or recertification determination in order to determine eligibility under the program. "(ii) WAIVERS.— If the agency determines that the requirement of clause (i) would present an unreasonable barrier to participation, a local agency may waive the requirement of clause (i) with respect to— "(I) an infant or child who— "(aa) was present at the initial certification visit; and "(bb) is receiving ongoing health care from a provider other than the local agency; or "(II) an infant or child who— "(aa) was present at the initial certification visit; "(bb) was present at a certification or recertification determination within the 1-year period ending on the date of the certification or recertification determination described in clause (i); and "(cc) has one or more parents who work.". (2) INCOME DOCUMENTATION REQUIREMENT.— Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)), as amended by psu-agraph (1), is further amended by adding at the end the following: (D) INCOME DOCUMENTATION. — "(i) IN GENERAL.— Except as provided in clause (ii), in order to participate in the program pursuant to clause (i) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of family income. "(ii) WAIVERS.—^A State agency may waive the documentation requirement of clause (i), in accordance with criteria established by the Secretary, with respect to— "(I) an individual for whom the necessary documentation is not available; or "(II) an individual, such as a homeless woman or child, for whom the agency determines the requirement of clause (i) would present an unreasonable barrier to participation.". (3) ADJUNCT DOCUMENTATION REQUIREMENT.— Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)), as amended by paragraph (2), is further amended by adding at the end the following: "(E) ADJUNCT DOCUMENTATION. — In order to participate in the program pursuant to clause (ii) or (iii) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of receipt of assistance described in that clause.".
�
