Public Law 109-97
Signed Nov. 10, 2005

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006

SEC. 779. There is hereby appropriated $6,000,000 to carry out Section 120 of Public Law 108-265 in Utah, Wisconsin, New Mexico, Texas, Connecticut, and Idaho.

Public Law 108-265

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 available, 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, the school principal, and the district superintendent (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 purposes 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 vegetables under funds provided for public health improvement under the heading `DISEASE CONTROL, RESEARCH, AND TRAINING' under the heading `CENTERS FOR DISEASE 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 carried 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 Representatives 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.--

    ``(A) EXISTING FUNDS.--The Secretary shall use to carry out this subsection any funds that remain under this subsection on the day before the date of enactment of this subparagraph.

    ``(B) MANDATORY FUNDS.--

    ``(i) IN GENERAL.--On October 1, 2004, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection $9,000,000, to remain available until expended.

    ``(ii) RECEIPT AND ACCEPTANCE.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds made available under this subparagraph, without further appropriation.

    ``(C) AUTHORIZATION OF APPROPRIATIONS.--In addition to any amounts made available under subparagraphs (A) and (B), there are authorized to be appropriated such sums as .are necessary to expand the program carried out under this subsection.

    ``(D) REALLOCATION.--The Secretary may reallocate any amounts made available to carry out this subsection that are not obligated or expended, as determined by the Secretary.''.