from a grant under this subtitle for such pre-
ceding fiscal year bears to the total number of
individuals receiving assistance in all States
from amounts received from grants under this
subtitle for the preceding fiscal year.
(3) THIRD FISCAL YEAR.—With respect to the
third fiscal year for which the Secretary provides
grants to States under this subtitle—
(A) 80 percent of such remainder shall be
allotted among the States by allotting to each
State an amount determined in accordance with
the formula described in paragraph (2)(A); and
(B) 20 percent of such remainder shall be
allotted among the States by allotting to each
State an amount determined in accordance with
the formula described in paragraph (2)(B).
(4) FOURTH
FISCAL
YEAR.—With respect to
the fourth fiscal year for which the Secretary pro-
vides grants to States under this subtitle—
(A) 70 percent of such remainder shall be
allotted among the States by allotting to each
State an amount determined in accordance with
the formula described in paragraph (2)(A); and
(B) 30 percent of such remainder shall be
allotted among the States by allotting to each
State an amount determined in accordance with
the formula described in paragraph (2)(B).
(5) FIFTH FISCAL YEAR.—With respect to the
fifth fiscal year for which the Secretary provides
grants to States under this subtitle—
(A) 60 percent of such remainder shall be
allotted among the States by allotting to each
State an amount determined in accordance with
the formula described in paragraph (2)(A); and
(B) 40 percent of such remainder shall be
allotted among the States by allotting to each
State an amount determined in accordance with
the formula described in paragraph (2)(B).
SEC. 223. APPLICATION.
The Secretary may provide a grant under this subtitle
to a State for a fiscal year only if the State submits to
the Secretary an application containing only—
(1) an agreement that the State will use
amounts received from such grant in accordance
with section 224;
(2) an agreement that the State will set mini-
mum nutritional requirements for food assistance
provided under this subtitle based on the most re-
cent tested nutritional research 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 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
subtitle;
(4) an agreement that the State will use not
more than 5 percent of the amount of such grant for
administrative costs incurred to provide assistance
under this subtitle, except that costs associated with
the nutritional risk assessment of individuals de-
scribed in section 224(a)(1) and costs associated
with nutrition education and counseling provided to
such individuals shall not be considered to be admin-
istrative costs; and
(5) an agreement that the State will submit to
the Secretary a report in accordance with section
225.
SEC. 224. USE OF AMOUNTS.
(a) IN GENERAL.—The Secretary may provide a
grant under this subtitle to a State only if the State agrees
that it will use all amounts received from such grant—
(1) subject to subsection (b), to provide nutri-
tional risk assessment, food assistance based on such
risk assessment, and nutrition education and coun-
seling to economically disadvantaged pregnant
women, postpartum women, breastfeeding women,
infants, and young children who are determined to
be at nutritional risk;
(2) to provide milk in nonprofit nursery schools,
child care centers, settlement houses, summer
camps, and similar institutions devoted to the care
and training of children, to children from economi-
cally disadvantaged families;
(3) to provide food service programs in institu-
tions and family day care homes providing child care
to children from economically disadvantaged fami-
lies;
(4) to provide summer food service programs
carried out by nonprofit food authorities, local gov-
ernments, nonprofit higher education institutions
participating in the National Youth Sports Program,
and residential nonprofit summer camps to children
from economically disadvantaged families; and
(5) to provide nutritious meals to pre-school age
homeless children in shelters and other facilities
serving the homeless population.
(b) ADDITIONAL REQUIREMENT.—The State shall
ensure that not less than 80 percent of the amount of the
grant is used to provide nutritional risk assessment, food
assistance based on such nutritional risk assessment, and
nutrition education and counseling to economically dis-
advantaged 
pregnant 
women, 
postpartum 
women,
breastfeeding women, infants, and young children under
subsection (a)(1).
(c) AUTHORITY TO USE AMOUNTS FOR OTHER PUR-
POSES.—
(1) IN GENERAL.—A State may use not more
than 20 percent of amounts received from a grant
under this subtitle for a fiscal year to carry out a
State program pursuant to any or all of the follow-
ing provisions of law:
(A) Part A of title IV of the Social Secu-
rity Act (42 U.S.C. 601 et seq.).