PUBLIC LAW 103-448—NOV. 2, 1994 108 STAT. 4701 (1) in the second sentence, by striking "Any school" and inserting "Except as provided in the next 2 sentences, any school"; and (2) by inserting after the second sentence the following new sentences: "Any school food authority may refuse some or all of the fresh fruits and vegetables offered to the school food authority in any school year and shall receive, in lieu of the offered fruits and vegetables, other more desirable fresh fruits and vegetables that are at least equal in value to the fresh fruits and vegetables refused by the school food authority. The value of any fresh fruits and vegetables refused by a school under the preceding sentence for a school year shall not be used to determine the 20 percent of the total value of agricultural commodities and other foods tendered to the school food authority in the school year under the second sentence.". SEC. 102. DELIVERY OF COMMODITIES. Subsection (b) of section 6 of the National School Lunch Act (42 U.S.C. 1755(b)) is amended to read as follows: "(b) The Secretary shall deliver, to each State participating in the school lunch program under this Act, commodities valued at the total level of assistance authorized under subsection (c) for each school year for the school lunch program in the State, not later than September 30 of the following school year.". SEC. 103. REQUIREMENT OF MINIMUM PERCENTAGE OF COMMODITY ASSISTANCE. Section 6 of the National School Lunch Act (42 U.S.C. 1755) is amended by adding at the end the following new subsection: "(g)(1) Subject to paragraph (2), in each school year the Secretary shall ensure that not less than 12 percent of the assistance provided under section 4, this section, and section 11 shall be in the form of commodity assistance provided under this section, including cash in lieu of commodities and administrative costs for procurement of commodities under this section. "(2) If amounts available to carry out the requirements of the sections described in paragraph (1) are insufficient to meet the requirement contained in paragraph (1) for a school year, the Secretary shall, to the extent necessary, use the authority provided under section 14(a) to meet the requirement for the school year.". SEC. 104. COMBINED FEDERAL AND STATE COMMODITY PURCHASES. Section 7 of the National School Lunch Act (42 U.S.C. 1756) is amended by adding at the end the following new subsection: "(d) Notwithstanding any other provision of law, the Secretary may enter into an agreement with a State agency, acting on the request of a school food service authority, under which funds pay- able to the State under section 4 or 11 may be used by the Secretary for the purpose of purchasing commodities for use by the school food service authority in meals served under the school lunch program under this Act.". SEC. 105. TECHNICAL ASSISTANCE TO ENSURE COMPLIANCE WITH NUTRITIONAL REQUIREMENTS. (a) SCHOOL LUNCH PROGRAM.— Section 9(a)(1) of the National School Lunch Act (42 U.S.C. 1758(a)(1)) is amended— (1) by inserting "(A)" after "(1)"; and
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