I 

111TH CONGRESS 

1ST SESSION H. R. 4325 

To establish a grant program to assist schools in establishing a universal 

free classroom breakfast program. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 15, 2009 

Mr. TONKO introduced the following bill; which was referred to the Committee 

on Education and Labor 

A BILL 

To establish a grant program to assist schools in establishing 

a universal free classroom breakfast program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Universal Classroom 

5 Breakfast Expansion Act’’. 

6 SEC. 2. GRANT PROGRAM FOR UNIVERSAL FREE CLASS7 ROOM BREAKFAST PROGRAMS. 

8 (a) ESTABLISHMENT OF GRANT PROGRAM.—From 

9 the amount appropriated under subsection (h), the Sec10 retary of Agriculture shall establish a program under 


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1 which the Secretary shall make grants, on a competitive 

2 basis, to State agencies to award subgrants to qualifying 

3 schools to establish a universal free breakfast program in 

4 accordance with subsection (e). 

5 (b) GRANT AMOUNT.—A grant awarded under this 

6 Act to a State agency may not exceed an amount equal 

7 to 10 percent of the total amount appropriated under sub8 section (h) for a fiscal year. 

9 (c) STATE AGENCY APPLICATION.—To receive a 

10 grant under this Act, a State agency shall submit to the 

11 Secretary an application at such time, in such manner, 

12 and containing such information as the Secretary may re13 quire. 

14 (d) STATE AGENCY USE OF FUNDS.— 

15 (1) IN GENERAL.—A State agency receiving a 

16 grant under this Act shall use funds made available 

17 under the grant to— 

18 (A) award subgrants in accordance with 

19 subsection (e) to qualifying schools to imple20 ment a universal free breakfast program de21 scribed in paragraph (4)(B) of such subsection; 

22 (B) provide technical assistance to assist 

23 such schools in implementing the program; and 

24 (C) conduct the targeted outreach de25 scribed in paragraph (2). 


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1 (2) TARGETED OUTREACH.—A State agency re2 ceiving a grant under this Act shall provide outreach 

3 to qualifying schools with the highest percentage of 

4 students who are eligible for free and reduced-price 

5 lunches under the school lunch program established 

6 under the Richard B. Russell National School Lunch 

7 Act (42 U.S.C. 1751 et seq.), as compared to other 

8 qualifying schools, to facilitate the participation of 

9 such schools in the subgrant program established 

10 under this Act. 

11 (3) LIMITATION ON USE OF FUNDS.—A State 

12 agency receiving a grant under this Act may not use 

13 more than 5 percent of the funds made available 

14 under the grant to provide— 

15 (A) the technical assistance described in 

16 paragraph (1)(B); and 

17 (B) the targeted outreach described in 

18 paragraph (2). 

19 (e) SUBGRANTS TO QUALIFYING SCHOOLS.— 

20 (1) PRIORITY.—A State agency receiving a 

21 grant under this Act shall award subgrants to quali22 fying schools. In awarding such subgrants, a State 

23 agency shall give priority to qualifying schools in 

24 which 75 percent or more of the students are eligible 

25 for free or reduced-price school lunches under the 


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1 school lunch program established under the Richard 

2 B. Russell National School Lunch Act (42 U.S.C. 

3 1751 et seq.). 

4 (2) SUBGRANT AMOUNT.—A subgrant under 

5 this Act may not be awarded to a qualifying school 

6 in an amount that exceeds $10,000 for any fiscal 

7 year. 

8 (3) DURATION.—A subgrant under this Act 

9 shall be awarded to a qualifying school for a period 

10 of not more than 2 fiscal years. 

11 (4) QUALIFYING SCHOOL.—For purposes of this 

12 Act, the term ‘‘qualifying school’’ means— 

13 (A) a school providing elementary or sec14 ondary education in which at least 40 percent 

15 of students are eligible for free or reduced-price 

16 school lunches under the school lunch program 

17 established under the Richard B. Russell Na18 tional School Lunch Act (42 U.S.C. 1751 et 

19 seq.); and 

20 (B) that agrees to— 

21 (i) use the funds received under this 

22 Act to establish a program at such 

23 school— 

24 (I) to serve all students enrolled 

25 in the school, for a minimum period of 


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1 3 school years, breakfast at no charge 

2 under the school breakfast program 

3 established under section 4 the Child 

4 Nutrition Act of 1966 (42 U.S.C. 

5 1773); and 

6 (II) that allows the students to 

7 eat such breakfast in the classroom 

8 after the start of the school day; and 

9 (ii) pay, from sources other than Fed10 eral funds, for the costs of serving all 

11 breakfasts at no charge that are in excess 

12 of the value of assistance received pursu13 ant to the Child Nutrition Act of 1966 (42 

14 U.S.C. 1771 et seq.) with respect to the 

15 number of breakfasts served during the pe16 riod. 

17 (5) SCHOOL APPLICATION.—To receive a 

18 subgrant under this Act, a qualifying school shall 

19 submit to the State agency located in the same State 

20 as the school an application at such time, in such 

21 manner, and containing such information as the 

22 State agency may require. 

23 (6) USE OF FUNDS BY QUALIFYING SCHOOLS.— 

24 A qualifying school receiving a subgrant under this 

25 Act shall use funds available under such subgrant to 


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1 cover the costs of the materials and assistance nec2 essary to establish the program described in para3 graph (4)(B), including the costs with respect to— 

4 (A) training and technical assistance for 

5 school staff regarding the program; 

6 (B) promotional materials for students and 

7 families to encourage students to participate in 

8 the program; and 

9 (C) equipment needed to service breakfast 

10 to students outside the cafeteria and in the 

11 classroom under such program. 

12 (f) REPORT TO CONGRESS.—The Secretary, in con13 sultation with local educational agencies, State educational 

14 agencies, and qualifying schools that receive grants or sub15 grants pursuant to this Act, shall submit to Congress an 

16 annual report describing— 

17 (1) how the funds were used; and 

18 (2) the impact on— 

19 (A) participation in the school breakfast 

20 program established under section 4 of the 

21 Child Nutrition Act of 1966 (42 U.S.C. 1773); 

22 and 

23 (B) the educational environment. 

24 (g) RULE OF CONSTRUCTION.—Nothing in this Act 

25 shall be construed to prohibit a qualifying school that reVerDate Nov 24 2008 21:29 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4325.IH H4325

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1 ceives special assistance payments under subparagraph 

2 (C), (D), or (E) of section 11 of the Richard B. Russell 

3 National School Lunch Act (42 U.S.C. 1759a) from re4 ceiving a subgrant under this Act. 

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated $50,000,000 to carry 

7 out this Act for fiscal year 2011 and 2012. 

8 (i) DEFINITION.—For purposes of this Act, the term 

9 ‘‘State agency’’ means a State agency that administers 

10 child nutrition programs under the Richard B. Russell Na11 tional School Lunch Act (42 U.S.C. 1751 et seq.) and the 

12 Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). 

Æ 


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