§ 3175. Nutrition education program

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(a)Definition of 1862 Institution and 1890 Institution In this section, the terms “1862 Institution” and “1890 Institution” have the meaning given those terms in section 7601 of this title.

(b)Establishment The Secretary shall establish a national education program which shall include, but not be limited to, the dissemination of the results of food and human nutrition research performed or funded by the Department of Agriculture.

(c)Employment and training To enable low-income individuals and families to engage in nutritionally sound food purchasing and preparation practices, the expanded food and nutrition education program presently conducted under section 343(d) of this title, shall provide for the employment and training of professional and paraprofessional aides to engage in direct nutrition education of low-income families and in other appropriate nutrition education programs. To the maximum extent practicable, program aides shall be hired from the indigenous target population.

(d)Allocation of funding Beginning with the fiscal year ending September 30, 1982—

(1)Any funds annually appropriated under section 343(d) of this title, for the conduct of the expanded food and nutrition education program, up to the amount appropriated under such section for such program for the fiscal year ending September 30, 1981, shall be allocated to each State in the same proportion as funds appropriated under such section for the conduct of the program for the fiscal year ending September 30, 1981, are allocated among the States; with the exception that the Secretary may retain up to 2 per centum of such amount for the conduct of such program in States that did not participate in such program in the fiscal year ending September 30, 1981.

(2)Any funds appropriated annually under section 343(d) of this title, for the conduct of the expanded food and nutrition education program in excess of the amount appropriated under such section for the conduct of the program for the fiscal year ending September 30, 1981, shall be allocated as follows:

(A)4 per centum shall be available to the Secretary for administrative, technical, and other services necessary for the administration of the program.

(B)Notwithstanding section 343(d) of this title, the remainder shall be allocated among the States as follows:

(i)$100,000 shall be distributed to each 1862 Institution and 1890 Institution.

(ii)Subject to clause (iii), the remainder shall be allocated to each State in an amount that bears the same ratio to the total amount to be allocated under this clause as—

(I)the population living at or below 125 percent of the income poverty guidelines (as prescribed by the Office of Management and Budget and as adjusted pursuant to section 9902(2) of title 42) in the State; bears to

(II)the total population living at or below 125 percent of those income poverty guidelines in all States;

as determined by the most recent decennial census at the time at which each such additional amount is first appropriated.

(I)Before any allocation of funds under clause (ii), for any fiscal year for which the amount of funds appropriated for the conduct of the expanded food and nutrition education program exceeds the amount of funds appropriated for the program for fiscal year 2007, the following percentage of such excess funds for the fiscal year shall be allocated to the 1890 Institutions in accordance with subclause (II):

(aa)10 percent for fiscal year 2009.

(bb)11 percent for fiscal year 2010.

(cc)12 percent for fiscal year 2011.

(dd)13 percent for fiscal year 2012.

(ee)14 percent for fiscal year 2013.

(ff)15 percent for fiscal year 2014 and for each fiscal year thereafter.

(II)Funds made available under subclause

(I)shall be allocated to each 1890 Institution in an amount that bears the same ratio to the total amount to be allocated under this clause as—

(aa)the population living at or below 125 percent of the income poverty guidelines (as prescribed by the Office of Management and Budget and as adjusted pursuant to section 9902(2) of title 42) in the State in which the 1890 Institution is located; bears to

(bb)the total population living at or below 125 percent of those income poverty guidelines in all States in which 1890 Institutions are located;

as determined by the most recent decennial census at the time at which each such additional amount is first appropriated.

(iv)Nothing in this subparagraph precludes the Secretary from developing educational materials and programs for persons in income ranges above the level designated in this subparagraph.

(e)Complementary administration The Secretary shall ensure the complementary administration of the expanded food and nutrition education program by 1862 Institutions and 1890 Institutions in a State.

(f)Coordination Projects carried out with funds made available under section 343(d) of this title, to carry out the program established under subsection

(b)may be coordinated with the nutrition education and obesity prevention grant program under section 2036a of this title or another health promotion or nutrition improvement strategy, whether publicly or privately funded, as determined by the Secretary.

(g)Authorization of appropriations There is authorized to be appropriated to carry out the expanded food and nutrition education program established under section 343(d) of this title and this section $90,000,000 for each of fiscal years 2009 through 2023.

(Pub. L. 95–113, title XIV, § 1425, Sept. 29, 1977, 91 Stat. 1000; Pub. L. 97–98, title XIV, § 1423, Dec. 22, 1981, 95 Stat. 1307; Pub. L. 101–624, title XVII, § 1776(b), Nov. 28, 1990, 104 Stat. 3814; Pub. L. 104–127, title VIII, § 809, Apr. 4, 1996, 110 Stat. 1164; Pub. L. 105–185, title III, § 301(a)(6), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, § 7106, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, § 7116(a), May 22, 2008, 122 Stat. 1220; Pub. L. 110–246, § 4(a), title VII, § 7116(a), June 18, 2008, 122 Stat. 1664, 1981; Pub. L. 113–79, title VII, § 7110, Feb. 7, 2014, 128 Stat. 870; Pub. L. 115–334, title VII, § 7112, Dec. 20, 2018, 132 Stat. 4785.)

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