NUTRITION EDUCATION PROGRAM.

SEC. 7116. NUTRITION EDUCATION PROGRAM.(a) In General.—Section 1425 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175) is amended—(1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively;(2) by striking the section heading and designation and inserting the following:“SEC. 1425. 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 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).” ;(3) in subsection (b) (as redesignated by paragraph (1)), by striking “(b) The Secretary” and inserting the following:“(b) Establishment.—The Secretary”;(4) in subsection (c) (as so redesignated), by striking “(c) In order to enable” and inserting the following:“(c) Employment and Training.—To enable”;(5) in subsection (d) (as redesignated by paragraph (1))—(A) by striking “(d) Beginning” and inserting the following:“(d) Allocation of Funding.—Beginning”;(B) in paragraph (2), by striking subparagraph (B) and inserting the following:“(B) Notwithstanding section 3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)), 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 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) 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 122 STAT. 1221 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 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) 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.”; and(C) by striking paragraph (3); and(6) by adding at the end the following:“(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) Authorization of Appropriations.—There is authorized to be appropriated to carry out the expanded food and nutrition education program established under section 3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)), and this section $90,000,000 for each of fiscal years 2009 through 2012.”.(b) Conforming Amendment.—Section 1588(b) of the Food Security Act of 1985 (7 U.S.C. 3175e(b)) is amended by striking “section 1425(c)(2)” and inserting “section 1425(d)(2)”.(c) Effective Date.—The amendments made by this section take effect on October 1, 2008.