108 STAT. 4736 PUBLIC LAW 103-448—NOV. 2, 1994 "(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) Pajmients 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).
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