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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Universal Classroom 
Breakfast Expansion Act’’. 
SEC. 2. GRANT PROGRAM FOR UNIVERSAL FREE CLASS-
ROOM BREAKFAST PROGRAMS. 
(a) ESTABLISHMENT OF GRANT PROGRAM.—From 
the amount appropriated under subsection (h), the Sec-
retary of Agriculture shall establish a program under 
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which the Secretary shall make grants, on a competitive 
basis, to State agencies to award subgrants to qualifying 
schools to establish a universal free breakfast program in 
accordance with subsection (e). 
(b) GRANT AMOUNT.—A grant awarded under this 
Act to a State agency may not exceed an amount equal 
to 10 percent of the total amount appropriated under sub-
section (h) for a fiscal year. 
(c) STATE AGENCY APPLICATION.—To receive a 
grant under this Act, a State agency shall submit to the 
Secretary an application at such time, in such manner, 
and containing such information as the Secretary may re-
quire. 
(d) STATE AGENCY USE OF FUNDS.— 
(1) IN GENERAL.—A State agency receiving a 
grant under this Act shall use funds made available 
under the grant to— 
(A) award subgrants in accordance with 
subsection (e) to qualifying schools to imple-
ment a universal free breakfast program de-
scribed in paragraph (4)(B) of such subsection; 
(B) provide technical assistance to assist 
such schools in implementing the program; and 
(C) conduct the targeted outreach de-
scribed in paragraph (2). 
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(2) TARGETED OUTREACH.—A State agency re-
ceiving a grant under this Act shall provide outreach 
to qualifying schools with the highest percentage of 
students who are eligible for free and reduced-price 
lunches under the school lunch program established 
under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.), as compared to other 
qualifying schools, to facilitate the participation of 
such schools in the subgrant program established 
under this Act. 
(3) LIMITATION ON USE OF FUNDS.—A State 
agency receiving a grant under this Act may not use 
more than 5 percent of the funds made available 
under the grant to provide— 
(A) the technical assistance described in 
paragraph (1)(B); and 
(B) the targeted outreach described in 
paragraph (2). 
(e) SUBGRANTS TO QUALIFYING SCHOOLS.— 
(1) PRIORITY.—A State agency receiving a 
grant under this Act shall award subgrants to quali-
fying schools. In awarding such subgrants, a State 
agency shall give priority to qualifying schools in 
which 75 percent or more of the students are eligible 
for free or reduced-price school lunches under the 
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school lunch program established under the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.). 
(2) SUBGRANT
AMOUNT.—A subgrant under 
this Act may not be awarded to a qualifying school 
in an amount that exceeds $10,000 for any fiscal 
year. 
(3) DURATION.—A subgrant under this Act 
shall be awarded to a qualifying school for a period 
of not more than 2 fiscal years. 
(4) QUALIFYING SCHOOL.—For purposes of this 
Act, the term ‘‘qualifying school’’ means— 
(A) a school providing elementary or sec-
ondary education in which at least 40 percent 
of students are eligible for free or reduced-price 
school lunches under the school lunch program 
established under the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et 
seq.); and 
(B) that agrees to— 
(i) use the funds received under this 
Act to establish a program at such 
school— 
(I) to serve all students enrolled 
in the school, for a minimum period of 
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3 school years, breakfast at no charge 
under the school breakfast program 
established under section 4 the Child 
Nutrition Act of 1966 (42 U.S.C. 
1773); and 
(II) that allows the students to 
eat such breakfast in the classroom 
after the start of the school day; and 
(ii) pay, from sources other than Fed-
eral funds, for the costs of serving all 
breakfasts at no charge that are in excess 
of the value of assistance received pursu-
ant to the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) with respect to the 
number of breakfasts served during the pe-
riod. 
(5) 
SCHOOL
APPLICATION.—To 
receive 
a 
subgrant under this Act, a qualifying school shall 
submit to the State agency located in the same State 
as the school an application at such time, in such 
manner, and containing such information as the 
State agency may require. 
(6) USE OF FUNDS BY QUALIFYING SCHOOLS.— 
A qualifying school receiving a subgrant under this 
Act shall use funds available under such subgrant to 
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cover the costs of the materials and assistance nec-
essary to establish the program described in para-
graph (4)(B), including the costs with respect to— 
(A) training and technical assistance for 
school staff regarding the program; 
(B) promotional materials for students and 
families to encourage students to participate in 
the program; and 
(C) equipment needed to service breakfast 
to students outside the cafeteria and in the 
classroom under such program. 
(f) REPORT TO CONGRESS.—The Secretary, in con-
sultation with local educational agencies, State educational 
agencies, and qualifying schools that receive grants or sub-
grants pursuant to this Act, shall submit to Congress an 
annual report describing— 
(1) how the funds were used; and 
(2) the impact on— 
(A) participation in the school breakfast 
program established under section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773); 
and 
(B) the educational environment. 
(g) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to prohibit a qualifying school that re-
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