Page:United States Statutes at Large Volume 103 Part 1.djvu/927

 PUBLIC LAW 101-147—NOV. 10, 1989 103 STAT. 899 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). " (2)(A) For each of the fiscal years 1990, 1991, 1992, 1993 and 1994, the Secretary shall allocate to each State agency from the amount described in paragraph (I)(A) an amount for costs of nutrition services and administration on the basis of a formula prescribed by the Secretary. Such formula shall— "(i) 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) 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; and "(iii) provide for a minimum grant amount for State agencies. "(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)(iiXD- "(ii) If a State agency's per participant expenditure for nutrition services and administration is more than 15 percent higher than its per participant grant for nutrition services and administration with- out 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 pro- motion and support activities, an aggregate simount that is not less than the sum of— "(I) Ve of the amounts expended by the State for costs of nutrition services and administration; and "(II) an amount equal to a proportionate share of $8,000,000, 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 purposesof breastfeeding promotion and support activities if— "(i) the State agency so requests; and

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