PUBLIC LAW 101-147—NOV. 10, 1989 103 STAT. 907 value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year. Such adjustment shall be computed to the nearest VA cent. "(C) For each school year, the total commodity assistance or cash in lieu thereof available to a State for the school lunch program shall be calculated by multiplying the number of lunches served in the preceding school year by the rate established by subparagraph (B). After the end of each school year, the Secretary shall reconcile the number of lunches served by schools in each State with the number of lunches served by schools in each State during the preceding school year and increase or reduce subsequent commodity assistance or cash in lieu thereof provided to each State based on such reconciliation. "(D) Among those commodities delivered under this section, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates (which may include domestic seafood commod- ities and their products). "(E) Notwithstanding any other provision of this section, not less than 75 percent of the assistance provided under this subsection shall be in the form of donated foods for the school lunch program."; and (2) in paragraph (2), by striking "Each State agency" and inserting "To the maximum extent feasible, each State agency". (b) CHILD CARE FOOD PROGRAM.— Paragraph (1) of section 17(h) of the National School Limch Act (42 U.S.C. 1766(h)) is amended to read as follows: "(I)(A) The Secretary shall donate agricultural commodities pro- duced in the United States for use in institutions participating in the child care food program under this section. "(B) The value of the commodities donated under subparagraph (A) (or cash in lieu of commodities) to each State for each school year shall be, at a minimimi, the amount obtained by multiplying the number of lunches and suppers served in participating institutions in that State during the preceding school year by the rate for commodities or cash in lieu of commodities established under sec- tion 6(e) for the school year concerned. "(C) After the end of each school year, the Secretary shall— "(i) reconcile the number of lunches and suppers served in participating institutions in each State during such school year with the number of lunches and suppers served by participating institutions in each State during the preceding school year; and "(ii) based on such reconciliation, increase or reduce subse- quent commodity assistance or cash in lieu of commodities provided to each State. "(D) Any State receiving assistance under this section for institu- tions participating in the child care food program may, upon ap- plication to the Secretary, receive cash in lieu of some or all of the commodities to which it would otherwise be entitled under this subsection. In determining whether to request cash in lieu of commodities, the State shall base its decision on the preferences of individual participating institutions within the State, unless this proves impracticable due to the small number of institutions prefer- ring donated commodities.". (c) EFFECTIVE DATE.—The amendments made by this section shall become effective on July 1, 1989. State and local governments. State and local governments. 42 USC 1755 note.
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