7 U.S.C. § 5312 — Functions of Secretaries

Page 1745 TITLE 7—AGRICULTURE § 5312 Secretary of Agriculture) and an Assistant Sec- retary in the Department of Health and Human Services (designated by the Secretary of Health and Human Services) shall be joint chairpersons. The remaining membership of the Board shall consist of additional representatives of Federal agencies, as determined appropriate by the joint chairpersons of the Board. The Board shall meet no less often than once every three months for the two-year period following October 22, 1990, and when appropriate thereafter. (d) Administrator To establish a central focus and coordinator for the coordinated program, the Secretaries may appoint an Administrator of Nutrition Monitoring and Related Research. The Adminis- trator shall— (1) be an individual who is eminent in the field of nutrition monitoring and related areas and be selected on the basis of the established record of expertise and distinguished service of such individual; and (2) administer the coordinated program with the advice and counsel of the joint chair- persons of the Board, serve as the focal point for the coordinated program, and serve as the Executive Secretary for the National Nutri- tion Monitoring Advisory Council. (Pub. L. 101–445, title I, § 101, Oct. 22, 1990, 104 Stat. 1035.) § 5311a. Joint nutrition monitoring and related research activities The Secretary and the Secretary of Health and Human Services shall continue to provide joint- ly for national nutrition monitoring and related research activities carried out as of the date of enactment of this Act— (1) to collect continuous dietary, health, physical activity, and diet and health knowl- edge data on a nationally representative sam- ple; (2) to periodically collect data on special at- risk populations, as identified by the Secre- taries; (3) to distribute information on health, nu- trition, the environment, and physical activ- ity to the public in a timely fashion; (4) to analyze new data that becomes avail- able; (5) to continuously update food composition tables; and (6) to research and develop data collection methods and standards. (Pub. L. 110–234, title IV, § 4403, May 22, 2008, 122 Stat. 1137; Pub. L. 110–246, § 4(a), title IV, § 4403, June 18, 2008, 122 Stat. 1664, 1898.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in text, is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conserva- tion, and Energy Act of 2008, and not as part of the Na- tional Nutrition Monitoring and Related Research Act of 1990 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amend- ment note under section 1161 of Title 2, The Congress. DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of Agri- culture, see section 8701 of this title. § 5312. Functions of Secretaries (a) In general The Secretaries, with the advice of the Board, shall— (1) establish the goals of the coordinated program, identify the activities required to meet such goals, and identify the responsible agencies with respect to the coordinated pro- gram; (2) update the Joint Implementation Plan for a Comprehensive National Nutrition Moni- toring System, and integrate it into the co- ordinated program; (3) ensure the timely implementation of the coordinated program and the comprehensive plan prepared under section 5313 of this title; (4) include in the coordinated program and the comprehensive plan a competitive grants program, to be implemented to the extent funds are available, in accordance with the provisions of this chapter to encourage and as- sist the conduct, by Federal entities, and by non-Federal entities on an appropriate match- ing funds basis, of research (including research described in section 5313(a)(3) of this title) that will accelerate the development of uni- form and cost-effective standards and indica- tors for the assessment and monitoring of nu- tritional and dietary status and for relating food consumption patterns to nutritional and health status; (5) include in the coordinated program and the comprehensive plan a grants program, in accordance with the provisions of this chapter, to encourage and assist State and local gov- ernments in developing the capacity to con- duct monitoring and surveillance of nutri- tional status, food consumption, and nutrition knowledge and in using such capacity to en- hance nutrition services (including activities described in section 5313(a)(5) and 5313(b)(9) of this title); (6) include in the coordinated program each fiscal year an annual interagency budget for each fiscal year of the program; (7) foster productive interaction, with re- spect to nutrition monitoring and related re- search, among Federal efforts, State and local governments, the private sector, scientific communities, health professionals, and the public; (8)(A) contract with a scientific body, such as the National Academy of Sciences or the 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;