SCHOOL BREAKFAST PROGRAM.

SEC. 201. SCHOOL BREAKFAST PROGRAM. (a) Minimum Nutritional Requirements Measured by Weekly Average of Nutrient Content of School Break-108 STAT. 4735fasts.— The first sentence of section 4(e)(l) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)) is amended by inserting before the period at the end the following: “, except that the minimum nutritional requirements shall be measured by not less than the weekly average of the nutrient content of school breakfasts”. (b) Technical Assistance for School Breakfast Program.— Section 4(e)(1) of such Act (42 U.S.C. 1773(e)(1)) is amended— (1) by inserting “(A)” after “(1)”; and (2) by adding at the end the following new subparagraph: “(B) The Secretary shall provide through State educational agencies technical assistance and training, including technical assistance and training in the preparation of foods high in complex carbohydrates and lower-fat versions of foods commonly used in the school breakfast program established under this section, to schools participating in the school breakfast program to assist the schools in complying with the nutritional requirements prescribed by the Secretary pursuant to subparagraph (A) and in providing appropriate meals to children with medically certified special dietary needs. The Secretary shall provide through State educational agencies additional technical assistance to schools that are having difficulty maintaining compliance with the requirements.”. (c) Promotion of Program.— Section 4(f)(1) of such Act (42 U.S.C. 1773(f)(1)) is amended— (1) by inserting “(A)” after “(1)”; and (2) by adding at the end the following new subparagraphs: “(B) In cooperation with State educational agencies, the Secretary shall promote the school breakfast program by— “(i) marketing the program in a manner that expands participation in the program by schools and students; and “(ii) improving public education and outreach efforts in language appropriate materials that enhance the public image of the program. “(C) As used in this paragraph, the term language appropriate materials’ means materials using a language other than the English language in a case in which the language is dominant for a large percentage of individuals participating in the program.”. (d) Startup and Expansion of School Breakfast Program and Summer Food Service Program for Children.— Subsection (g) of section 4 of such Act (42 U.S.C. 1773(g)) is amended to read as follows: “startup and expansion costs “(g) (1) Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary $5,000,000 for each of fiscal years 1991 through 1997, $6,000,000 for fiscal year 1998, and $7,000,000 for fiscal year 1999 and each subsequent fiscal year to make payments under this subsection. The Secretary shall be entitled to receive the funds and shall accept the funds. The Secretary shall use the funds to make payments on a competitive basis and in the following order of priority (subject to other provisions of this subsection), to— “(A) State educational agencies in a substantial number of States for distribution to eligible schools to assist the schools with nonrecurring expenses incurred in— “(i) initiating a school breakfast program under this section; or 108 STAT. 4736 “(ii) expanding a school breakfast program; and “(B) a substantial number of States for distribution to service institutions to assist the institutions with nonrecurring expenses incurred in— “(i) initiating a summer food service program for children; or “(ii) expanding a summer food service program for children. “(2) Payments received under this subsection shall be in addition to payments to which State agencies are entitled under subsection (b) and section 13 of the National School Lunch Act (42 U.S.C. 1761). “(3) To be eligible to receive a payment under this subsection, a State educational agency shall submit to the Secretary a plan to initiate or expand school breakfast programs conducted in the State, including a description of the manner in which the agency will provide technical assistance and funding to schools in the State to initiate or expand the programs. “(4) In making payments under this subsection for any fiscal year to initiate or expand school breakfast programs, the Secretary shall provide a preference to State educational agencies that— “(A) have in effect a State law that requires the expansion of the programs during the year; “(B) have significant public or private resources that have been assembled to carry out the expansion of the programs during the year; “(C) do not have a school breakfast program available to a large number of low-income children in the State; or “(D) serve an unmet need among low-income children, as determined by the Secretary. “(5) In making payments under this subsection for any fiscal year to initiate or expand summer food service programs for children, the Secretary shall provide a preference to States— “(A) (i) in which the numbers of children participating in the summer food service program for children represent the lowest percentages of the number of children receiving free or reduced price meals under the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.); or “(ii) that do not have a summer food service program for children available to a large number of low-income children in the State; and “(B) that submit to the Secretary a plan to expand the summer food service programs for children conducted in the State, including a description of— “(i) the manner in which the State will provide technical assistance and funding to service institutions in the State to expand the programs; and “(ii) significant public or private resources that have been assembled to carry out the expansion of the programs during the year. “(6) The Secretary shall act in a timely manner to recover and reallocate to other States any amounts provided to a State educational agency or State under this subsection that are not used by the agency or State within a reasonable period (as determined by the Secretary). 108 STAT. 4737 “(7) The Secretary shall allow States to apply on an annual basis for assistance under this subsection. “(8) Each State agency and State, in allocating funds within the State, shall give preference for assistance under this subsection to eligible schools and service institutions that demonstrate the greatest need for a school breakfast program or a summer food service program for children, respectively. “(9) Expenditures of funds from State and local sources for the maintenance of the school breakfast program and the summer food service program for children shall not be diminished as a result of payments received under this subsection. “(10) As used in this subsection: “(A) The term ‘eligible school’ means a school— “(i) attended by children a significant percentage of whom are members of low-income families; “(ii) (I) as used with respect to a school breakfast program, that agrees to operate the school breakfast program established or expanded with the assistance provided under this subsection for a period of not less than 3 years; and “(II) as used with respect to a summer food service program for children, that agrees to operate the summer food service program for children established or expanded with the assistance provided under this subsection for a period of not less than 3 years. “(B) The term ‘service institution’ means an institution or organization described in paragraph (1)(B) or (7) of section 13(a) of the National School Lunch Act (42 U.S.C. 1761(a)(l)(B) or (7)). “(C) The term ‘summer food service program for children’ means a program authorized by section 13 of such Act (42 U.S.C. 1761).”.