7 U.S. Code § 2036a - Nutrition education and obesity prevention grant program
(a) Definition of eligible individual
In this section, the term “eligible individual” means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a result of being—
(1) an individual eligible for benefits under—
(2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or
Consistent with the terms and conditions of grants awarded under this section, State agencies may implement a nutrition education and obesity prevention program for eligible individuals that promotes healthy food choices and physical activity consistent with the most recent Dietary Guidelines for Americans published under section 5341 of this title.
(c) Delivery of nutrition education and obesity prevention services
(1) In general
State agencies may deliver nutrition education and obesity prevention services under a program described in subsection (b)—
(2) Nutrition education State plans
(A) In general
A State agency that elects to provide nutrition education and obesity prevention services under this subsection shall submit to the Secretary for approval a nutrition education State plan.
Except as provided in subparagraph (C), a nutrition education State plan shall—
(ii) ensure that the interventions are appropriate for eligible individuals who are members of low-income populations by recognizing the constrained resources, and the potential eligibility for Federal food assistance programs, of members of those populations; and
(3) Use of funds
(A) In general
A State agency may use funds provided under this section for any evidence-based allowable use of funds identified by the Administrator of the Food and Nutrition Service of the Department of Agriculture in consultation with the Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services, including—
(ii) comprehensive, multilevel interventions at multiple complementary organizational and institutional levels; and
In identifying allowable uses of funds under subparagraph (A) and in seeking to strengthen delivery, oversight, and evaluation of nutrition education, the Administrator of the Food and Nutrition Service shall consult with the Director of the Centers for Disease Control and Prevention and outside stakeholders and experts, including—
To the maximum extent practicable, State agencies shall notify applicants, participants, and eligible individuals under this chapter of the availability of nutrition education and obesity prevention services under this section in local communities.
Subject to the approval of the Secretary, projects carried out with funds received under this section may be coordinated with other health promotion or nutrition improvement strategies, whether public or privately funded, if the projects carried out with funds received under this section remain under the administrative control of the State agency.
(1) In general
Of funds made available each fiscal year under section 2027 (a)(1) of this title, the Secretary shall reserve for allocation to State agencies to carry out the nutrition education and obesity prevention grant program under this section, to remain available for obligation for a period of 2 fiscal years—
(F) for fiscal year 2016 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(A) Initial allocation
Of the funds set aside under paragraph (1), as determined by the Secretary—
(i) for each of fiscal years 2011 through 2013, 100 percent shall be allocated to State agencies in direct proportion to the amount of funding that the State received for carrying out section 2020 (f) of this title (as that section existed on the day before the December 13, 2010) during fiscal year 2009, as reported to the Secretary as of February 2010; and
(ii) subject to a reallocation under subparagraph (B)—
(I) for fiscal year 2014—
(II) for fiscal year 2015—
(III) for fiscal year 2016—
(IV) for fiscal year 2017—
(i) In general If the Secretary determines that a State agency will not expend all of the funds allocated to the State agency for a fiscal year under paragraph (1) or in the case of a State agency that elects not to receive the entire amount of funds allocated to the State agency for a fiscal year, the Secretary shall reallocate the unexpended funds to other States during the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State plans under which the State agencies may expend the reallocated funds.
(ii) Effect of additional funds
(I) Funds received Any reallocated funds received by a State agency under clause (i) for a fiscal year shall be considered to be part of the fiscal year 2009 base allocation of funds to the State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subsequent fiscal year.
(3) Limitation on Federal financial participation
(A) In general
Grants awarded under this section shall be the only source of Federal financial participation under this chapter in nutrition education and obesity prevention.
Source(Pub. L. 88–525, § 28, as added Pub. L. 111–296, title II, § 241(a),Dec. 13, 2010, 124 Stat. 3232; amended Pub. L. 112–240, title VII, § 701(d)(2),Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title IV, § 4028,Feb. 7, 2014, 128 Stat. 813.)
2014—Subsec. (b). Pub. L. 113–79inserted “and physical activity” after “healthy food choices”.
Subsec. (d)(1)(B) to (F). Pub. L. 112–240added subpars. (B) to (F) and struck out former subpar. (B) which read as follows: “for fiscal year 2012 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–240effective Sept. 30, 2012, see section 701(j) ofPub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.