7 U.S.C. § 5311 — Establishment of coordinated program

Page 1744 TITLE 7—AGRICULTURE § 5301 Sec. 5332. Functions of Council. SUBCHAPTER III—DIETARY GUIDANCE 5341. Establishment of dietary guidelines. 5342. Nutrition training report. § 5301. Congressional statement of purposes The purposes of this chapter are to— (1) make more effective use of Federal and State expenditures for nutrition monitoring, and enhance the performance and benefits of current Federal nutrition monitoring and re- lated research activities; (2) establish and facilitate the timely imple- mentation of a coordinated National Nutrition Monitoring and Related Research Program, and thereby provide a scientific basis for the maintenance and improvement of the nutri- tional status of the people of the United States and the nutritional quality (including, but not limited to, nutritive and nonnutritive content) of food consumed in the United States; (3) establish and implement a comprehensive plan for the National Nutrition Monitoring and Related Research Program to assess, on a continuing basis, the dietary and nutritional status of the people of the United States and the trends with respect to such status, the state of the art with respect to nutrition mon- itoring and related research, future moni- toring and related research priorities, and the relevant policy implications; (4) establish and improve the quality of na- tional nutritional and health status data and related data bases and networks, and stimu- late research necessary to develop uniform in- dicators, standards, methodologies, tech- nologies, and procedures for nutrition moni- toring; (5) establish a central Federal focus for the coordination, management, and direction of Federal nutrition monitoring activities; (6) establish mechanisms for addressing the nutrition monitoring needs of Federal, State, and local governments, the private sector, sci- entific and engineering communities, health care professionals, and the public in support of the foregoing purposes; and (7) provide for the conduct of such scientific research and development as may be necessary or appropriate in support of such purposes. (Pub. L. 101–445, § 2, Oct. 22, 1990, 104 Stat. 1034.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–445, § 1, Oct. 22, 1990, 104 Stat. 1034, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘National Nutrition Monitoring and Re- lated Research Act of 1990’.’’ § 5302. Definitions As used in this chapter— (1) the term ‘‘comprehensive plan’’ means the comprehensive plan prepared under sec- tion 5313 of this title; (2) the term ‘‘coordinated program’’ means the National Nutrition Monitoring and Re- lated Research Program established by section 5311(a) of this title; (3) the terms ‘‘Interagency Board for Nutri- tion Monitoring and Related Research’’ and ‘‘Board’’ mean the Federal coordinating body established by section 5311(c) of this title; (4) the term ‘‘Joint Implementation Plan for a Comprehensive National Nutrition Moni- toring System’’ means the plan of that title dated August 18, 1981 and submitted by the De- partment of Agriculture and the Department of Health and Human Services under section 3178 of this title; (5) the term ‘‘local government’’ means a local general unit of government or local edu- cational unit; (6) the terms ‘‘National Nutrition Moni- toring Advisory Council’’ and ‘‘Council’’ mean the advisory body established under section 5331 of this title; (7) the term ‘‘nutrition monitoring and re- lated research’’ means the set of activities necessary to provide timely information about the role and status of factors that bear on the contribution that nutrition makes to the health of the people of the United States, in- cluding— (A) dietary, nutritional, and health status measurements; (B) food consumption measurements; (C) food composition measurements and nutrient data banks; (D) dietary knowledge and attitude meas- urements; and (E) food supply and demand determina- tions; (8) the term ‘‘nutritional quality’’ means— (A) the appropriate levels of individual nu- trients in the diet; (B) the appropriate levels between nutri- ents in the diet; (C) the bioavailability of nutrients such as absorption, digestion, and utilization; and (D) the nutritional importance of non- nutrient substances such as fiber, phytate, and such substances that are naturally found in the food supply; and (9) the term ‘‘Secretaries’’ means the Sec- retary of Agriculture and the Secretary of Health and Human Services, acting jointly. (Pub. L. 101–445, § 3, Oct. 22, 1990, 104 Stat. 1035.) SUBCHAPTER I—NUTRITION MONITORING AND RELATED RESEARCH § 5311. Establishment of coordinated program (a) In general There is established a ten-year coordinated program, to be known as the National Nutrition Monitoring and Related Research Program, to carry out the purposes of this chapter. (b) Implementation responsibility The Secretaries shall be responsible for the implementation of the coordinated program. (c) Establishment of Board To assist in implementing the coordinated program, there is established an Interagency Board for Nutrition Monitoring and Related Re- search, of which an Assistant Secretary in the Department of Agriculture (designated by the 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