Page:United States Statutes at Large Volume 118.djvu/786

 118 STAT. 756 PUBLIC LAW 108–265—JUNE 30, 2004 (5) REPORT.—The Secretary shall submit to the Committee on Education and the Workforce of the House of Representa tives, and the Committee on Agriculture, Nutrition, and For estry and the Committee on Health, Education, Labor, and Pensions, of the Senate a report that includes— (A) the evaluation completed by the institution of higher education under paragraph (4); (B) the effectiveness of lay health educators in reducing childhood obesity; and (C) any recommendations of the Secretary concerning the grants. (6) AUTHORIZATION OF APPROPRIATIONS.—There are author ized to be appropriated to carry out this subsection $250,000 for each of fiscal years 2005 through 2009. SEC. 120. FRESH FRUIT AND VEGETABLE PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (g) and inserting the following: ‘‘(g) FRESH FRUIT AND VEGETABLE PROGRAM.— ‘‘(1) IN GENERAL.—For the school year beginning July 2004 and each subsequent school year, the Secretary shall carry out a program to make free fresh fruits and vegetables avail able, to the maximum extent practicable, to— ‘‘(A) 25 elementary or secondary schools in each of the 4 States authorized to participate in the program under this subsection on May 1, 2004; ‘‘(B) 25 elementary or secondary schools (as selected by the Secretary in accordance with paragraph (3)) in each of 4 States (including a State for which funds were allocated under the program described in paragraph (3)(B)(ii)) that are not participating in the program under this subsection on May 1, 2004; and ‘‘(C) 25 elementary or secondary schools operated on 3 Indian reservations (including the reservation authorized to participate in the program under this subsection on May 1, 2004), as selected by the Secretary. ‘‘(2) PROGRAM.—A school participating in the program shall make free fresh fruits and vegetables available to students throughout the school day in 1 or more areas designated by the school. ‘‘(3) SELECTION OF SCHOOLS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), in selecting additional schools to participate in the program under paragraph (1)(B), the Secretary shall— ‘‘(i) to the maximum extent practicable, ensure that the majority of schools selected are those in which not less than 50 percent of students are eligible for free or reduced price meals under this Act; ‘‘(ii) solicit applications from interested schools that include— ‘‘(I) information pertaining to the percentage of students enrolled in the school submitting the application who are eligible for free or reduced price school lunches under this Act; ‘‘(II) a certification of support for participation in the program signed by the school food manager,

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