12 2 STA T . 112 9PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8agencysh a l l i n formt he schools that w o u l d li k ely b e chosen to p articipate in the program under paragraph (1) ( B ) .‘ ‘(e) NOTICE O FAVA I L A B ILIT Y . —I f selected to participate in the program , a school shall widely publici z e within the school the a v ail - ability of free fresh fruits and vegetables under the program. ‘‘(f) P E R - S T UD E N T G RANT.— T he per-student grant provided to a school under this section shall be— ‘‘(1) determined by a State agency
and ‘‘( 2 ) not less than $50 , nor more than $ 7 5. ‘‘(g) L I M ITATION.—To the ma x imum extent practicable, each State agency shall ensure that in making the fruits and vegetables provided under this section available to students, schools offer the fruits and vegetables separately from meals otherwise provided at the school under this Act or the C hild Nutrition Act of 1 96 6 ( 4 2 U .S.C. 1771 et se q .). ‘‘(h) E VALUATION AND R E P ORT S .— ‘‘(1) IN G ENERAL.—The Secretary shall conduct an evalua- tion of the program, including a determination as to whether children experienced, as a result of participating in the pro- gram— ‘‘(A) increased consumption of fruits and vegetables; ‘‘(B) other dietary changes, such as decreased consump- tion of less nutritious foods; and ‘‘(C) such other outcomes as are considered appropriate by the Secretary. ‘‘(2) REPORT.—Not later than September 3 0, 2011, the Sec- retary shall submit to the Committee on Education and Labor of the H ouse of Representatives and the Committee on Agri- culture, Nutrition, and F orestry of the Senate a report that describes the results of the evaluation under paragraph (1). ‘‘(i) FUNDING.— ‘‘(1) IN GENERAL.— O ut of the funds made available under subsection (b)(2)(A) of section 14222 of the Food, Conservation, and Energy Act of 200 8 , the Secretary shall use the following amounts to carry out this section
‘‘(A) On October 1, 2008, $40,000,000. ‘‘(B) On J uly 1, 2009, $65,000,000. ‘‘(C) On July 1, 2010, $101,000,000. ‘‘( D ) On July 1, 2011, $150,000,000. ‘‘(E) On July 1, 2012, and each July 1 thereafter, the amount made available for the preceding fiscal year, as ad j usted to reflect changes for the 12-month period ending the preceding April 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food. ‘‘(2) M AINTENANCE OF E X ISTING FUNDING.—In allocating funding made available under paragraph (1) among the States in accordance with subsection (c), the Secretary shall ensure that each State that received funding under section 18(f) on the day before the date of enactment of the Food, Conservation, and Energy Act of 2008 shall continue to receive sufficient funding under this section to maintain the caseload level of the State under that section as in effect on that date. ‘‘(3) EVALUATION FUNDING.—On October 1, 2008, out of any funds made available under subsection (b)(2)(A) of section 14222 of the Food, Conservation, and Energy Act of 2008, Ef f ectiv e da te .
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