7 U.S.C. § 5313 — Development of comprehensive plan for

Page 1746 TITLE 7—AGRICULTURE § 5313 Federation of American Societies for Experi- mental Biology, to interpret available data analyses, and publish every two years, or more frequently if appropriate, except as provided in subparagraph (B), a report on the dietary, nutritional, and health-related status of the people of the United States and the nutri- tional quality (including the nutritive and nonnutritive content) of food consumed in the United States; or (B) if the Secretaries determine that suffi- cient data analyses are not available to war- rant interpretation of such data analyses, in- form Congress of such fact at the time a report required in subparagraph (A) would have been published, and publish such report at least once every five years; and (9)(A) foster cost recovery management techniques in the coordinated program; and (B) impose appropriate charges and fees for publications of the coordinated program, in- cluding print and electronic forms of data and analysis, and use the proceeds of such charges and fees for purposes of the coordinated pro- gram (except that no such charge or fee im- posed on an educational or other nonprofit or- ganization shall exceed the actual costs in- curred by the coordinated program in pro- viding the publications involved). (b) Biennial report The Secretaries shall submit to the President for transmittal to Congress by January 15 of each alternate year, beginning with January 15 following October 22, 1990, a biennial report that shall— (1) evaluate the progress of the coordinated program; (2) summarize the results of such coordi- nated program components as are developed under section 5313 of this title; (3) describe and evaluate any policy implica- tions of the analytical findings in the sci- entific reports required under subsection (a)(8), and future priorities for nutrition moni- toring and related research; (4) include in full the annual reports of the Council provided for in section 5332 of this title; and (5) include an executive summary of the re- port most recently published by the scientific body, as provided for in subsection (a)(8). (Pub. L. 101–445, title I, § 102, Oct. 22, 1990, 104 Stat. 1036.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b) of this section requiring submission of bi- ennial report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 31 of House Document No. 103–7. § 5313. Development of comprehensive plan for National Nutrition Monitoring and Related Research Program (a) Comprehensive plan The Secretaries, with the advice of the Board, shall prepare and implement a comprehensive plan for the coordinated program which shall be designed to— (1) assess, collate data with respect to, ana- lyze, and report, on a continuous basis, the di- etary and nutritional status of the people of the United States, and the trends with respect to such status (dealing with such status and trends separately in the case of preschool and school-age children, pregnant and lactating women, elderly individuals, low-income popu- lations, blacks, Hispanics, and other groups, at the discretion of the Secretaries), the state of the art with respect to nutrition monitoring and related research, future monitoring and related research priorities, and relevant policy implications of findings with respect to such status, trends, and research; (2) sample representative subsets of identifi- able low-income populations (such as Native Americans, Hispanics, or the homeless), and assess, analyze, and report, on a continuous basis, for a representative sample of the low- income population, food and household ex- penditures, participation in food assistance programs, and periods experienced when nutri- tion benefits are not sufficient to provide an adequate diet; (3) sponsor or conduct research necessary to develop uniform indicators, standards, meth- odologies, technologies, and procedures for conducting and reporting nutrition moni- toring and surveillance; (4) develop and keep updated a national die- tary and nutritional status data bank, a nutri- ent data bank, and other data resources as re- quired; (5) assist State and local government agen- cies in developing procedures and networks for nutrition monitoring and surveillance; and (6) focus the nutrition monitoring activities of Federal agencies. (b) Components of plan The comprehensive plan, at a minimum, shall include components to— (1) maintain and coordinate the National Health and Nutrition Examination Survey (NHANES) and the Nationwide Food Consump- tion Survey (NFCS); (2) provide, by 1991, for the continuous col- lection, processing, and analysis of nutritional and dietary status data through stratified probability samples of the people of the United States designed to permit statistically reliable estimates of high-risk groups and geographic areas, and to permit accelerated data analysis (including annual analysis, as appropriate); (3) maintain and enhance other Federal nu- trition monitoring efforts such as the Centers for Disease Control Nutrition Surveillance Program and the Food and Drug Administra- tion Total Diet Study, and, to the extent pos- sible, coordinate such efforts with the surveys described in paragraphs (1) and (2); (4) incorporate, in survey design, military and (where appropriate) institutionalized pop- ulations; (5) complete the analysis and interpretation of the data sets from the surveys described in paragraph (1) collected prior to 1984 within the first year of the comprehensive plan; Page 1747 TITLE 7—AGRICULTURE § 5315 (6) improve the methodologies and tech- nologies, including those suitable for use by States and localities, available for the assess- ment of nutritional and dietary status and trends; (7) develop uniform standards and indicators for the assessment and monitoring of nutri- tional and dietary status, for relating food consumption patterns to nutritional and health status, and for use in the evaluation of Federal food and nutrition intervention pro- grams; (8) establish national baseline data and pro- cedures for nutrition monitoring; (9) provide scientific and technical assist- ance, training, and consultation to State and local governments for the purpose of— (A) obtaining dietary and nutrition status data; (B) developing related data bases; and (C) promoting the development of regional, State, and local data collection services to become an integral component of a national nutritional status network; (10) establish mechanisms to identify the needs of users of nutrition monitoring data and to encourage the private sector and the academic community to participate in the de- velopment and implementation of the com- prehensive plan and contribute relevant data from non-Federal sources to promote the de- velopment of a national nutritional status network; (11) compile an inventory of Federal, State, and nongovernment activities related to nutri- tion monitoring and related research; (12) focus on national nutrition monitoring needs while building on the responsibilities and expertise of the individual membership of the Board; (13) administer the coordinated program, de- fine program objectives, priorities, oversight, responsibilities, and resources, and define the organization and management of the Board and the Council; and (14) provide a mechanism for periodically evaluating and refining the coordinated pro- gram and the comprehensive plan that facili- tates cooperation and interaction by State and local governments, the private sector, sci- entific communities, and health care profes- sionals, and that facilitates coordination with non-Federal activities. (c) Additional requirements of plan The comprehensive plan shall— (1) allocate all of the projected functions and activities under the coordinated program among the various Federal agencies and of- fices that will be involved; (2) contain an affirmative statement and de- scription of the functions to be performed and activities to be undertaken by each of such agencies and offices in carrying out the co- ordinated program; and (3) constitute the basis on which each agen- cy participating in the coordinated program requests authorizations and appropriations for nutrition monitoring and related research dur- ing the ten-year period of the program. (d) Publication of plan (1) Proposed plan Within 12 months after October 22, 1990, the Secretaries shall publish in the Federal Reg- ister a proposed comprehensive plan for public review for a comment period of no less than sixty days. (2) Final plan Within sixty days after the comment period under paragraph (1) expires, and after consid- ering any comments received, the Secretaries shall submit to the President, for submission to the Congress and for publication in the Fed- eral Register, the final comprehensive plan. (e) Prohibition on construing Nothing in this section may be construed as modifying, or as authorizing the Secretaries or the comprehensive plan to modify, any provision of an appropriation Act (or any other provision of law relating to the use of appropriated funds) that specifies— (1) the department or agency to which funds are appropriated; or (2) the obligations of such department or agency with respect to the use of such funds. (Pub. L. 101–445, title I, § 103, Oct. 22, 1990, 104 Stat. 1037.) § 5314. Implementation of comprehensive plan (a) In general The comprehensive plan shall be carried out during the period ending with the close of the ninth fiscal year following the fiscal year in which the comprehensive plan is submitted in its final form under section 5313(d)(2) of this title and shall be— (1) carried out in accordance with, and meet the program objectives specified in, section 5313(a) of this title and section 5313(b) of this title; (2) carried out, by the Federal agencies in- volved, in accordance with the allocation of functions and activities under section 5313(c) of this title; and (3) funded by appropriations made to such agencies for each fiscal year of the program. (b) Existing law not affected Nothing in this subchapter may be construed to grant any new regulatory authority or to limit, expand, or otherwise modify any regu- latory authority under existing law, or to estab- lish new criteria, standards, or requirements for regulation under existing law. (Pub. L. 101–445, title I, § 104, Oct. 22, 1990, 104 Stat. 1040.) § 5315. Scientific research and development in support of coordinated program and com- prehensive plan The Secretaries shall coordinate the conduct of, and may contract with the National Science Foundation, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National In- stitute of Standards and Technology, and other suitable Federal agencies for, such scientific re-