7 USC § 3175 - Nutrition education program
(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:
(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):
(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.
(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:
(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):
(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.
Source
(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.)
Codification
Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
Amendments
2008—Pub. L. 110–246, § 7116(a)(2), reenacted section catchline without change.
Subsecs. (a) to (d). Pub. L. 110–246, § 7116(a)(1)–(5)(A), added subsec. (a), redesignated former subsecs. (a) to (c) as (b) to (d), respectively, inserted headings, and in subsec. (c) substituted “To enable” for “In order to enable”.
Subsec. (d)(2)(B). Pub. L. 110–246, § 7116(a)(5)(B), added subpar. (B) and struck out former subpar. (B) which related to allocation of funds other than for administrative or technical purposes, 10 percent of which was to be distributed equally among all States, and the remainder was to be allocated to each State in an amount bearing the same ratio to the total amount to be allocated as the population of the State living at or below 125 percent of income poverty guidelines bore to the total population of all the States living at or below 125 percent of such guidelines.
Subsec. (d)(3). Pub. L. 110–246, § 7116(a)(5)(C), struck out par. (3) which read as follows: “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, $83,000,000 for each of fiscal years 1996 through 2007.”
Subsecs. (e), (f). Pub. L. 110–246, § 7116(a)(6), added subsecs. (e) and (f).
2002—Subsec. (c)(3). Pub. L. 107–171substituted “2007” for “2002”.
1998—Subsec. (c)(3). Pub. L. 105–185substituted “through 2002” for “and 1997”.
1996—Subsec. (c)(3). Pub. L. 104–127substituted “, $83,000,000 for each of fiscal years 1996 and 1997” for “$63,000,000 for fiscal year 1991, $68,000,000 for fiscal year 1992, $73,000,000 for fiscal year 1993, $78,000,000 for fiscal year 1994, and $83,000,000 for fiscal year 1995”.
1990—Subsec. (c)(3). Pub. L. 101–624added par. (3).
1981—Subsec. (b). Pub. L. 97–98substantially retained existing provisions of the subsection relating to expanded food and nutrition education programs and transferred remaining provisions relating to allocation of funds to States and the authority of the Secretary to develop educational materials and programs for persons in certain income ranges to a new subsec. (c).
Subsec. (c). Pub. L. 97–98added subsec. (c), and included therein provisions relating to allocation of funds to States and the authority of the Secretary to develop educational materials and programs for persons in certain income ranges formerly contained in subsec. (b).
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234by Pub. L. 110–246effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 ofPub. L. 110–246, set out as an Effective Date note under section
8701 of this title.
Pub. L. 110–234, title VII, § 7116(c),May 22, 2008, 122 Stat. 1221, and Pub. L. 110–246, § 4(a), title VII, § 7116(c),June 18, 2008, 122 Stat. 1664, 1982, provided that: “The amendments made by this section [amending this section and section
3175e of this title] take effect on October 1, 2008.”
[Pub. L. 110–234and Pub. L. 110–246enacted identical provisions. Pub. L. 110–234was repealed by section 4(a) ofPub. L. 110–246, set out as a note under section
8701 of this title.]
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–624effective Oct. 1, 1990, see section 1781(b)(1) ofPub. L. 101–624, set out as a note under section
2012 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–98effective Dec. 22, 1981, see section 1801 ofPub. L. 97–98, set out as an Effective Date note under section
4301 of this title.
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The most recent Classification Table update that we have noticed was Friday, May 3, 2013
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