Title 42, The Public Health and WelfareRelease 119-110

§1793 Grants for Expansion of School Breakfast Programs

Title 42 › CHAPTER 13A — CHILD NUTRITION › § 1793

Last updated Sep 22, 2026|Official source

Summary

Creates a federal grant program, when Congress provides money for it, to help schools in severe need (called "qualifying schools" under section 1773(d)(1)) start, keep, or grow school breakfast programs. The federal Secretary must run a competitive process and give grants to State educational agencies, which then give subgrants to local school districts for qualifying schools. Total grant money the Secretary gives to states in a year cannot be more than $2,000,000 or the number of qualifying schools getting subgrants multiplied by the maximum subgrant amount, whichever is less. States must have schools apply and give priority to districts where at least 75% of students are eligible for free or reduced-price lunch. Each school’s subgrant cannot be more than $10,000 per school year and may be provided for no more than 2 fiscal years. Funds can pay to set up, promote, expand, or extend breakfast service (including nutrition education), offer breakfast during the school day, or for other appropriate uses the Secretary allows, and must follow federal nutrition rules. The Secretary must share best-practice ideas before awards, and states should prefer schools that use those methods. Grants must not reduce state or local spending on school breakfast. The Secretary must report to Congress within 18 months after a school year with awarded subgrants, and districts must, 180 days before a grant ends, check if switching to universal free breakfasts under Provision 2 would save money and tell the state the results. The program was authorized to receive needed funds for fiscal years 2010 through 2015.

Full Legal Text

Title 42, §1793

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definition of qualifying school
In this section, the term “qualifying school” means a school in severe need, as described in section 1773(d)(1) of this title.
(b)Establishment
Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this section, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to State educational agencies for the purpose of providing subgrants to local educational agencies for qualifying schools to establish, maintain, or expand the school breakfast program in accordance with this section.
(c)Grants to State educational agencies
(1)Application
To be eligible to receive a grant under this section, a State educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(2)Administration
In carrying out this section, the Secretary shall—
(A)develop an appropriate competitive application process; and
(B)make information available to State educational agencies concerning the availability of funds under this section.
(3)Allocation
The amount of grants provided by the Secretary to State educational agencies for a fiscal year under this section shall not exceed the lesser of— (A)
(B)$2,000,000.
(d)Subgrants to qualifying schools
(1)In general
A State educational agency receiving a grant under this section shall use funds made available under the grant to award subgrants to local educational agencies for a qualifying school or groups of qualifying schools to carry out activities in accordance with this section.
(2)Priority
In awarding subgrants under this subsection, a State educational agency shall give priority to local educational agencies with qualifying schools in which at least 75 percent 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.).
(3)State and district training and technical support
A local educational agency or State educational agency may allocate a portion of each subgrant to provide training and technical assistance to the staff of qualifying schools to carry out the purposes of this section.
(4)Amount; term
(A)In general
Except as otherwise provided in this paragraph, a subgrant provided by a State educational agency to a local educational agency or qualifying school under this section shall be in such amount, and shall be provided for such term, as the State educational agency determines appropriate.
(B)Maximum amount
The amount of a subgrant provided by a State educational agency to a local educational agency for a qualifying school or a group of qualifying schools under this subsection shall not exceed $10,000 for each school year.
(C)Maximum grant term
A local educational agency or State educational agency shall not provide subgrants to a qualifying school under this subsection for more than 2 fiscal years.
(e)Best practices
(1)In general
Prior to awarding grants under this section, the Secretary shall make available to State educational agencies information regarding the most effective mechanisms by which to increase school breakfast participation among eligible children at qualifying schools.
(2)Preference
In awarding subgrants under this section, a State educational agency shall give preference to local educational agencies for qualifying schools or groups of qualifying schools that have adopted, or provide assurances that the subgrant funds will be used to adopt, the most effective mechanisms identified by the Secretary under paragraph (1).
(f)Use of funds
(1)In general
A qualifying school may use a grant provided under this section— (A)
(B)to extend the period during which school breakfast is available at the qualifying school;
(C)to provide school breakfast to students of the qualifying school during the school day; or
(D)for other appropriate purposes, as determined by the Secretary.
(2)Requirement
Each activity of a qualifying school under this subsection shall be carried out in accordance with applicable nutritional guidelines and regulations issued by the Secretary.
(g)Maintenance of effort
Grants made available under this section shall not diminish or otherwise affect the expenditure of funds from State and local sources for the maintenance of the school breakfast program.
(h)Reports
Not later than 18 months following the end of a school year during which subgrants are awarded under this section, the Secretary shall submit to Congress a report describing the activities of the qualifying schools awarded subgrants.
(i)Evaluation
Not later than 180 days before the end of a grant term under this section, a local educational agency that receives a subgrant under this section shall—
(1)evaluate whether electing to provide universal free breakfasts under the school breakfast program in accordance with Provision 2 as established under subsections (b) through (k) of section 245.9 of title 7, Code of Federal Regulations (or successor regulations), would be cost-effective for the qualified schools based on estimated administrative savings and economies of scale; and
(2)submit the results of the evaluation to the State educational agency.
(j)Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2010 through 2015.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Richard B. Russell National School Lunch Act, referred to in subsec. (d)(2), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1751 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an

Effective Date

of 2010 Amendment note under section 1751 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1793

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110