Page:United States Statutes at Large Volume 118.djvu/787

 118 STAT. 757 PUBLIC LAW 108–265—JUNE 30, 2004 the school principal, and the district super intendent (or equivalent positions, as determined by the school); and ‘‘(III) such other information as may be requested by the Secretary; ‘‘(iii) for each application received, determine whether the application is from a school in which not less than 50 percent of students are eligible for free or reduced price meals under this Act; and ‘‘(iv) give priority to schools that submit a plan for implementation of the program that includes a partnership with 1 or more entities that provide non Federal resources (including entities representing the fruit and vegetable industry) for— ‘‘(I) the acquisition, handling, promotion, or distribution of fresh and dried fruits and fresh vegetables; or ‘‘(II) other support that contributes to the pur poses of the program. ‘‘(B) NONAPPLICABILITY TO EXISTING PARTICIPANTS.— Subparagraph (A) shall not apply to a school, State, or Indian reservation authorized— ‘‘(i) to participate in the program on May 1, 2004; or ‘‘(ii) to receive funding for free fruits and vegeta bles under funds provided for public health improve ment under the heading ‘DISEASE CONTROL, RESEARCH, AND TRAINING’ under the heading ‘CENTERS FOR DIS EASE CONTROL AND PREVENTION’ in title II of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2004 (Division E of Public Law 108–199; 118 Stat. 238). ‘‘(4) NOTICE OF AVAILABILITY.—To be eligible to participate in the program under this subsection, a school shall widely publicize within the school the availability of free fresh fruits and vegetables under the program. ‘‘(5) REPORTS.— ‘‘(A) INTERIM REPORTS.—Not later than September 30 of each of fiscal years 2005 through 2008, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an interim report that describes the activities car ried out under this subsection during the fiscal year covered by the report. ‘‘(B) FINAL REPORT.—Not later than December 31, 2008, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Education and the Workforce of the House of Represent atives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a final report that describes the results of the program under this subsection. ‘‘(6) FUNDING.—

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