[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4325 Introduced in House (IH)]

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 Representatives 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 CLASSROOM BREAKFAST PROGRAMS.

    (a) Establishment of Grant Program.--From the amount appropriated 
under subsection (h), the Secretary of Agriculture shall establish a 
program under 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 subsection (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 
require.
    (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 implement a universal free 
                breakfast program described 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 described in 
                paragraph (2).
            (2) Targeted outreach.--A State agency receiving 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 qualifying 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 
        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 secondary 
                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 National 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 
                                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 Federal 
                        funds, for the costs of serving all breakfasts 
                        at no charge that are in excess of the value of 
                        assistance received pursuant to the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
                        with respect to the number of breakfasts served 
                        during the period.
            (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 cover the costs of the 
        materials and assistance necessary to establish the program 
        described in paragraph (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 consultation with local 
educational agencies, State educational agencies, and qualifying 
schools that receive grants or subgrants 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 receives special assistance 
payments under subparagraph (C), (D), or (E) of section 11 of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) from 
receiving a subgrant under this Act.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to carry out this Act for fiscal year 2011 and 
2012.
    (i) Definition.--For purposes of this Act, the term ``State 
agency'' means a State agency that administers child nutrition programs 
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 
et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
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