Page:United States Statutes at Large Volume 103 Part 1.djvu/921

 PUBLIC LAW 101-147—NOV. 10, 1989 103 STAT. 893 Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the efforts of the Secretary and the States to increase the participation of schools in the program.". SEC. 122. STATE ADMINISTRATIVE EXPENSES. (a) IN GENERAL.—Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended— (1) in subsection (a)— (A) in paragraph (3), by inserting after the first sentence the following new sentence: "If an agency in the State other than the State educational agency administers such pro- gram, the State shall ensure that an amount equal to no less than the funds due the State under this paragraph is provided to such agency for costs incurred by such agency in administering the program, except as provided in para- graph (5)."; (B) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (C) by inserting after paragraph (4) the following new paragraph: "(5)(A) Not more than 25 percent of the amounts made avsiilable to each State under this section for the fiscal year 1991 and 20 percent of the amounts made available to each State under this section for the fiscal year 1992 and for each succeeding fiscal year may remain available for obligation or expenditure in the fiscal year succeeding the fiscal year for which such amounts were appropriated. "(B)(i) In the fiscal year 1991 and each succeeding fiscal year, any amounts appropriated that are not obligated or expended during such fiscal year and are not carried over for the succeeding fiscal year under subparagraph (A) shall be returned to the Secretary. From any amounts returned to the Secretary under the preceding sentence, the Secretary shall— "(I) first allocate, for the purpose of providing grants on an annual basis to private nonprofit organizations participating in projects under section 18(f) of the National School Lunch Act, not less than $3,000,000 in the fiscal year 1992 and not less than $4,000,000 in each of the fiscal years 1993 and 1994; and "(II) then allocate, for purposes of administrative costs, emy remaining amounts among States that demonstrate a need for such amounts. "(ii) In any fiscal year in which amounts returned to the Secretary under the first sentence of clause (i) are insufficient to provide the complete allocation described in clause (i)(D, all of such amounts shall be allocated for the purpose described in clause (i)(D."; and (D) by adding at the end the following new paragraph: "(8) In the fiscal year 1991 and each succeeding fiscal year, in accordance with regulations issued by the Secretary, each State shall ensure that the State agency administering the distribution of commodities under programs authorized under this Act and under the National School Lunch Act is provided, from funds made avail- able to the State under this subsection, an appropriate amount of funds for administrative costs incurred in distributing such commodities. In developing such regulations, the Secretary may consider the value of commodities provided to the State under this Act and under the National School Lunch Act.";

�