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as the amount allotted to each such State from
a grant under this Act for the preceding fiscal
year bears to the aggregate of the amounts al-
lotted to all such States from grants under this
Act for such preceding fiscal year; and
‘‘(B) 5 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount that bears the
same proportion to such amount appropriated
as the relative number of meals served during
the 1-year period ending on June 30 of the pre-
ceding fiscal year in a State from amounts re-
ceived from a grant under this Act for such
preceding fiscal year bears to the total number
of meals served in all States from amounts re-
ceived from grants under this Act for the pre-
ceding fiscal year.
‘‘(3) THIRD
AND
FOURTH
FISCAL
YEARS.—
With respect to each of the third and fourth fiscal
years for which the Secretary provides grants to
States under this Act—
‘‘(A) 90 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount determined in
127
accordance with the formula described in para-
graph (2)(A); and
‘‘(B) 10 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount determined in
accordance with the formula described in para-
graph (2)(B).
‘‘(4) FIFTH FISCAL YEAR.—With respect to the
fifth fiscal year for which the Secretary provides
grants to States under this Act—
‘‘(A) 85 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount determined in
accordance with the formula described in para-
graph (2)(A); and
‘‘(B) 15 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount determined in
accordance with the formula described in para-
graph (2)(B).
‘‘SEC. 4. APPLICATION.
‘‘The Secretary may provide a grant under this Act
to a State for a fiscal year only if the State submits to
the Secretary an application containing only—
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‘‘(1) an agreement that the State will use
amounts received from such grant in accordance
with section 5;
‘‘(2) except as provided in paragraph (3), an
agreement that the State will set minimum nutri-
tional requirements for meals provided under this
Act based on the most recent tested nutritional re-
search available, except that—
‘‘(A) such requirements shall not be con-
strued to prohibit the substitution of foods to
accommodate the medical or other special die-
tary needs of individual students; and
‘‘(B) such requirements shall, at a mini-
mum, be based on—
‘‘(i) the weekly average of the nutrient
content of school lunches; or
‘‘(ii) such other standards as the
State may prescribe;
‘‘(3) an agreement that the State, with respect
to the provision of meals to students, shall—
‘‘(A) implement the minimum nutritional
requirements described in paragraph (2) for
such meals; or
‘‘(B) implement the model nutrition stand-
ards developed under section 10 for such meals;
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‘‘(4) an agreement that the State will take such
reasonable steps as the State deems necessary to re-
strict the use and disclosure of information about in-
dividuals and families receiving assistance under this
Act;
‘‘(5) an agreement that the State will use not
more than 2 percent of the amount of such grant for
administrative costs incurred to provide assistance
under this Act; and
‘‘(6) an agreement that the State will submit to
the Secretary a report in accordance with section 6.
‘‘SEC. 5. USE OF AMOUNTS.
‘‘(a) IN GENERAL.—The Secretary may provide a
grant under this Act to a State only if the State agrees
that it will use all amounts received from such grant to
provide assistance to schools to establish and carry out
nutritious food service programs that provide affordable
meals and supplements to students, which may include—
‘‘(1) nonprofit school breakfast programs;
‘‘(2) nonprofit school lunch programs;
‘‘(3) nonprofit before and after school supple-
ment programs;
‘‘(4) nonprofit low-cost milk services; and
‘‘(5) nonprofit summer meals programs.
‘‘(b) ADDITIONAL REQUIREMENTS.—
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‘‘(1) MINIMUM AMOUNT OF GRANT FOR FREE
OR LOW COST MEALS OR SUPPLEMENTS.—In provid-
ing assistance to schools to establish and carry out
nutritious food service programs in accordance with
subsection (a), the State shall ensure that not less
than 80 percent of the amount of the grant is used
to provide free or low cost meals or supplements to
economically disadvantaged children.
‘‘(2) PROVISION OF FOOD SERVICE PROGRAMS
IN PRIVATE NONPROFIT SCHOOLS AND DEPARTMENT
OF DEFENSE DOMESTIC DEPENDENTS’ SCHOOLS.—
To the extent consistent with the number of children
in the State who are enrolled in private nonprofit
schools and Department of Defense domestic de-
pendents’ schools, the State, after timely and appro-
priate consultation with representatives of such
schools, as the case may be, shall ensure that nutri-
tious food service programs are established and car-
ried out in such schools in accordance with sub-
section (a) on an equitable basis with nutritious food
service programs established and carried out in pub-
lic nonprofit schools in the State.
‘‘(c) AUTHORITY TO USE AMOUNTS
FOR OTHER
PURPOSES.—
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‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), a State may use not more than 20 percent
of amounts received from a grant under this Act for
a fiscal year to carry out a State program pursuant
to any or all of the following provisions of law:
‘‘(A) Part A of title IV of the Social Secu-
rity Act (42 U.S.C. 601 et seq.).
‘‘(B) Part B of title IV of the Social Secu-
rity Act (42 U.S.C. 620 et seq).
‘‘(C) Title XX of the Social Security Act
(42 U.S.C. 1397 et seq.).
‘‘(D) The Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
‘‘(E) The Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.).
‘‘(2) SUFFICIENT FUNDING DETERMINATION.—
Prior to using any amounts received from a grant
under this Act for a fiscal year to carry out a State
program pursuant to any or all of the provisions of
law described in paragraph (1), the appropriate
State agency shall make a determination that suffi-
cient amounts will remain available for such fiscal
year to carry out this Act.