Page:United States Statutes at Large Volume 103 Part 1.djvu/928

 103 STAT. 900 PUBLIC LAW 101-147—NOV. 10, 1989 "(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 pro- motion 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 documenta- tion required under this paragraph. "(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 purcheuse 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 bresistfeeding promotion efforts identified in the State plan of operation and administration; and "(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. "(5)(A) Subject to subparagraph (B), in any fiscal year that a State agency 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 convert simounts 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 Stote agency to convert amounts allocated for food benefits to defray costs of nutrition services and adminis- tration. "(C) For the purposes of this paragraph, the term 'acceptable measures' includes use of cost contoinment measures, curtoilment 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 stondards developed by the State agency in cooperation with the several local agencies, taking into

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