7 USC 2036 - Nutrition education and obesity prevention grant program

View all text of Chapter 51 [§ 2011 - § 2036d]

§ 2036a. Nutrition education and obesity prevention grant program

(a) Definition of eligible individualIn 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—

(A) this chapter;

(B) sections 1758(b)(1)(A) and 1766(c)(4) of title 42; or

(C)section 1773(e)(1)(A) of title 42;

(2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or

(3) such other low-income individual as is determined to be eligible by the Secretary.

(b) Programs

(1) In generalState agencies may deliver nutrition education and obesity prevention services under a program described in subsection (b)—

(A) directly to eligible individuals; or

(B) through agreements with other State or local agencies or community organizations.

(2) Nutrition education State plans

(A) In general

(B) RequirementsA nutrition education State plan shall—

(i) identify the uses of the funding for local projects;

(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;

(iii) describe how the State agency shall use an electronic reporting system to—(I) measure and evaluate the projects; and(II) account for the allowable State agency administrative costs including for—(aa) salaries and benefits of State agency personnel;(bb) office supplies and equipment;(cc) travel costs;(dd) development and production of nutrition education materials;(ee) memberships, subscriptions, and professional activities;(ff) lease or rental costs;(gg) maintenance and repair expenses;(hh) indirect costs; and(ii) cost of using publicly-owned building space; and

(iv) conform to standards established by the Secretary through regulations, guidance, or grant award documents.

(3) Use of funds

(A) In generalA 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—

(i) individual and group-based nutrition education, health promotion, and intervention strategies;

(ii) comprehensive, multilevel interventions at multiple complementary organizational and institutional levels; and

(iii) community and public health approaches to improve nutrition.

(B) ConsultationIn 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, the Director of the National Institute of Food and Agriculture, and outside stakeholders and experts, including—

(i) representatives of the academic and research communities;

(ii) nutrition education practitioners;

(iii) representatives of State and local governments; and

(iv) community organizations that serve low-income populations.

(4) Notification

(5) Coordination

(6) Information clearinghouse

(7) Technical assistanceThe Secretary shall provide technical assistance to a State agency in developing and implementing a nutrition education State plan, including—

(A) by identifying common challenges faced by entities described in paragraph (6) that participate in projects carried out with funds received under this section;

(B) by coordinating efforts to address those common challenges;

(C) by collecting and disseminating information on evidence-based practices relating to nutrition education and obesity prevention;

(D) by facilitating communication between and among grantees and subgrantees of funds received under this section;

(E) by assisting State agencies in creating or maintaining systems to compile program data; and

(F) by performing or assisting with other activities, as determined by the Secretary.

(8) Annual State reportEach State agency that delivers nutrition education and obesity prevention services under this subsection shall submit to the Secretary an annual report, which shall be made publicly available by the Secretary, that includes—

(A) the use of funds on the State agency’s program, including for each category of allowable State agency administrative costs identified in paragraph (2)(B)(iii)(II);

(B) a description of each project carried out by that agency under this subsection, including, with respect to the project, the target population, interventions, educational materials used, key performance indicators used, and evaluations made;

(i) of the project, including with respect to the elements described in subparagraph (A); and

(ii) to the extent practicable, of completed multiyear projects; and

(D) the status of any ongoing multiyear project.

(9) Annual Federal reportThe Administrator of the Food and Nutrition Service, in consultation with the Director of the National Institute of Food and Agriculture, shall annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that—

(A) evaluates the level of coordination between—

(i) the nutrition education and obesity prevention grant program under this section;

(ii) the expanded food and nutrition education program under section 3175 of this title; and

(iii) any other nutrition education program administered by the Department of Agriculture; and

(B) includes the use of funds on such programs including State agency administrative costs reported by States under paragraph (8)(A).

(d) Funding

(1) In generalOf 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—

(A) for fiscal year 2011, $375,000,000;

(B) for fiscal year 2012, $388,000,000;

(D) for fiscal year 2014, $401,000,000;

(E) for fiscal year 2015, $407,000,000; and

(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.

(2) Allocation

(A) Initial allocationOf 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—(aa) 90 percent shall be allocated to State agencies in accordance with clause (i); and(bb) 10 percent shall be allocated to State agencies based on the respective share of each State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period ending the preceding January 31;(II) for fiscal year 2015—(aa) 80 percent shall be allocated to State agencies in accordance with clause (i); and(bb) 20 percent shall be allocated in accordance with subclause (I)(bb);(III) for fiscal year 2016—(aa) 70 percent shall be allocated to State agencies in accordance with clause (i); and(bb) 30 percent shall be allocated in accordance with subclause (I)(bb);(IV) for fiscal year 2017—(aa) 60 percent shall be allocated to State agencies in accordance with clause (i); and(bb) 40 percent shall be allocated in accordance with subclause (I)(bb); and(V) for fiscal year 2018 and each fiscal year thereafter—(aa) 50 percent shall be allocated to State agencies in accordance with clause (i); and(bb) 50 percent shall be allocated in accordance with subclause (I)(bb).

(B) Reallocation

(i) In general

(ii) Effect of additional funds(I) Funds received(II) Funds surrendered

(3) Limitation on Federal financial participation

(A) In general

(B) Exclusion

(e) Implementation

(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; Pub. L. 115–334, title IV, § 4019, Dec. 20, 2018, 132 Stat. 4650.)