U.S Code last checked for updates: May 01, 2024
All TitlesTitle 7Chapter 64Subchapter IV
§ 3175.
Nutrition education program
(a)
Definition of 1862 Institution and 1890 Institution
(b)
Establishment
(c)
Employment and training
(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.
(iii)
(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
(f)
Coordination
(g)
Authorization of appropriations
(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.)
cite as: 7 USC 3175
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