Page:United States Statutes at Large Volume 124.djvu/3259

 124 STAT. 3233 PUBLIC LAW 111–296—DEC. 13, 2010 ‘‘(3) such other low-income individual as is determined to be eligible by the Secretary. ‘‘(b) PROGRAMS.—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 consistent with the most recent Dietary Guidelines for Americans published under sec- tion 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). ‘‘(c) DELIVERY OF NUTRITION EDUCATION AND OBESITY PREVEN- TION SERVICES.— ‘‘(1) IN GENERAL.—State agencies may deliver nutrition edu- cation 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 agen- cies or community organizations. ‘‘(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. ‘‘(B) REQUIREMENTS.—Except as provided in subpara- graph (C), a 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; and ‘‘(iii) conform to standards established by the Sec- retary through regulations, guidance, or grant award documents. ‘‘(C) TRANSITION PERIOD.—During each of fiscal years 2011 and 2012, a nutrition education State plan under this section shall be consistent with the requirements of section 11(f) (as that section, other than paragraph (3)(C), existed on the day before the date of enactment of this section). ‘‘(3) USE OF FUNDS.— ‘‘(A) IN GENERAL.—A State agency may use funds pro- vided 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 edu- cation, health promotion, and intervention strategies; ‘‘(ii) comprehensive, multilevel interventions at multiple complementary organizational and institu- tional levels; and ‘‘(iii) community and public health approaches to improve nutrition. ‘‘(B) CONSULTATION.—In identifying allowable uses of funds under subparagraph (A) and in seeking to strengthen