7 U.S.C. § 3173 — Research by Department of Agriculture

Page 1596 TITLE 7—AGRICULTURE § 3171 Editorial Notes REFERENCES IN TEXT The Hatch Act of 1887, referred to in subsec. (c)(2), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, which is classified generally to sections 361a to 361i of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 361a of this title and Tables. Public Law 87–788, referred to in subsec. (c)(4), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the ‘‘McIntire-Stennis Act of 1962’’ and also as the ‘‘McIntire-Stennis Cooperative Forestry Act’’, which is classified generally to subchapter III (§ 582a et seq.) of chapter 3 of Title 16, Conservation. For complete classi- fication of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables. SUBCHAPTER IV—NATIONAL FOOD AND HUMAN NUTRITION RESEARCH AND EX- TENSION PROGRAM § 3171. Congressional findings and declaration of policy (a) Findings Congress finds that there is increasing evi- dence of a relationship between diet and many of the leading causes of death in the United States: that improved nutrition is an integral component of preventive health care; that there is a serious need for research on the chronic ef- fects of diet on degenerative diseases and related disorders; that nutrition and health consider- ations are important to United States agricul- tural policy; that there is insufficient knowl- edge concerning precise human nutritional re- quirements, the interaction of the various nutri- tional constituents of food, and differences in nutritional requirements among different popu- lation groups such as infants, children, adoles- cents, elderly men and women, and pregnant women; and that there is a critical need for ob- jective data concerning food safety, the poten- tial of food enrichment, and means to encourage better nutritional practices. (b) Declaration of policy It is declared to be the policy of the United States that the Department of Agriculture con- duct research in the fields of human nutrition and the nutritive value of foods and conduct human nutrition education activities, as pro- vided in this subchapter. (Pub. L. 95–113, title XIV, § 1421, Sept. 29, 1977, 91 Stat. 999.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. NUTRITION INFORMATION AND AWARENESS PILOT PROGRAM Pub. L. 107–171, title IV, § 4403, May 13, 2002, 116 Stat. 334, as amended by Pub. L. 110–234, title IV, § 4406(c)(2), May 22, 2008, 122 Stat. 1142; Pub. L. 110–246, § 4(a), title IV, § 4406(c)(2), June 18, 2008, 122 Stat. 1664, 1903, directed the Secretary of Agriculture to establish, in not more than 5 States, for a period not to exceed 4 years for each participating State, a pilot program to increase the domestic consumption of fresh fruits and vegeta- bles, prior to repeal by Pub. L. 113–79, title IV, § 4210, Feb. 7, 2014, 128 Stat. 830. § 3172. Duties of Secretary of Agriculture In order to carry out the policy of this sub- chapter, the Secretary shall develop and imple- ment a national food and human nutrition re- search and extension program that shall in- clude, but not be limited to— (1) research on human nutritional require- ments; (2) research on the nutrient composition of foods and the effects of agricultural practices, handling, food processing, and cooking on the nutrients they contain; (3) surveillance of the nutritional benefits provided to participants in the food programs administered by the Department of Agri- culture; (4) research on the factors affecting food preference and habits; and (5) the development of techniques and equip- ment to assist consumers in the home or in in- stitutions in selecting food that supplies a nu- tritionally adequate diet. (Pub. L. 95–113, title XIV, § 1422, Sept. 29, 1977, 91 Stat. 999.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. § 3173. Research by Department of Agriculture (a) Increase in level of support The Secretary shall establish research into food and human nutrition as a separate and dis- tinct mission of the Department of Agriculture, and the Secretary shall increase support for such research to a level that provides resources adequate to meet the policy of this subchapter. (b) Periodic consultation with administrators of other Federal departments and agencies The Secretary, in administering the food and human nutrition research program, shall peri- odically consult with the administrators of the other Federal departments and agencies that have responsibility for programs dealing with human food and nutrition, as to the specific re- search needs of those departments and agencies. (Pub. L. 95–113, title XIV, § 1423, Sept. 29, 1977, 91 Stat. 999.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. NATIONAL FOOD AND HUMAN NUTRITION RESEARCH PRO- GRAM; CONGRESSIONAL FINDINGS; COMPREHENSIVE PLAN; ANNUAL REPORT; JOINT DIETARY ASSESSMENT, STUDIES AND REPORTS; SUBMISSION OF PLAN AND RE- PORTS TO CONGRESSIONAL COMMITTEES Pub. L. 99–198, title XIV, subtitle B, §§ 1451–1453, Dec. 23, 1985, 99 Stat. 1561, 1562, as amended by Pub. L. 104–127, title VIII, § 872, Apr. 4, 1996, 110 Stat. 1175, pro- vided that: Page 1597 TITLE 7—AGRICULTURE § 3175 ‘‘FINDINGS ‘‘SEC. 1451. Congress finds that— ‘‘(1) nutrition and health considerations are impor- tant to United States agricultural policy; ‘‘(2) section 1405 of the National Agricultural Re- search, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3121) designates the Department of Agriculture as the lead agency of the Federal Government for human nutrition research (except with respect to the biomedical aspects of human nutrition concerned with diagnosis or treatment of disease); ‘‘(3) section 1423 of such Act (7 U.S.C. 3173) requires the Secretary of Agriculture to establish research into food and human nutrition as a separate and dis- tinct mission of the Department of Agriculture; ‘‘(4) the Secretary has established a nutrition edu- cation program; and ‘‘(5) nutrition research continues to be of great im- portance to those involved in agricultural produc- tion. ‘‘[SEC. 1452. Repealed. Pub. L. 104–127, title VIII, § 872, Apr. 4, 1996, 110 Stat. 1175.] ‘‘DIETARY ASSESSMENT AND STUDIES ‘‘SEC. 1453. (a) The Secretary of Agriculture and the Secretary of Health and Human Services shall jointly conduct an assessment of existing scientific literature and research relating to— ‘‘(1) the relationship between dietary cholesterol and blood cholesterol and human health and nutri- tion; and ‘‘(2) dietary calcium and its importance in human health and nutrition. In conducting the assessments under this subsection, the Secretaries shall consult with agencies of the Fed- eral Government involved in related research. On com- pletion of such assessments, the Secretaries shall each recommend such further studies as the Secretaries con- sider useful. ‘‘(b) Not later than 1 year after the date of enactment of this Act [Dec. 23, 1985], the Secretary of Agriculture and the Secretary of Health and Human Services shall each submit to the House Committees on Agriculture and Energy and Commerce and the Senate Committees on Agriculture, Nutrition, and Forestry and Labor and Human Resources a report that shall include the re- sults of the assessments conducted under subsection (a) and recommendations made under such subsection, for more complete studies of the issues examined under such subsection, including a protocol, feasibility as- sessment, budget estimates and a timetable for such re- search as each Secretary shall consider appropriate.’’ §§ 3174, 3174a. Repealed. Pub. L. 113–79, title VII, §§ 7108, 7109, Feb. 7, 2014, 128 Stat. 870 Section 3174, Pub. L. 95–113, title XIV, § 1424, as added Pub. L. 104–127, title VIII, § 808, Apr. 4, 1996, 110 Stat. 1162; amended Pub. L. 105–185, title III, § 301(a)(4), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, § 7104, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §§ 7113, 7114, May 22, 2008, 122 Stat. 1219; Pub. L. 110–246, § 4(a), title VII, §§ 7113, 7114, June 18, 2008, 122 Stat. 1664, 1980, 1981, related to human nutrition intervention and health promotion research program. Section 3174a, Pub. L. 95–113, title XIV, § 1424A, as added Pub. L. 104–127, title VIII, § 808, Apr. 4, 1996, 110 Stat. 1163; amended Pub. L. 105–185, title III, § 301(a)(5), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, § 7105, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §§ 7115, 7511(c)(10)(A), May 22, 2008, 122 Stat. 1220, 1268; Pub. L. 110–246, § 4(a), title VII, §§ 7115, 7511(c)(10)(A), June 18, 2008, 122 Stat. 1664, 1981, 2029, re- lated to pilot research program to combine medical and agricultural research. Editorial Notes PRIOR PROVISIONS A prior section 3174, Pub. L. 95–113, title XIV, § 1424, as added Pub. L. 101–624, title XVI, § 1610(a), Nov. 28, 1990, 104 Stat. 3719, provided for establishment of food science and nutrition research center for Southeast re- gion of United States prior to repeal by Pub. L. 104–127, title VIII, § 808, Apr. 4, 1996, 110 Stat. 1162. Another prior section 3174, Pub. L. 95–113, title XIV, § 1424, Sept. 29, 1977, 91 Stat. 1000, provided for a study assessing potential value and cost of establishing re- gional food and human nutrition research centers and a report thereon, with findings and recommendations, to be submitted to the Congress not later than one year after Oct. 1, 1977, prior to repeal by Pub. L. 99–198, title XIV, § 1413, Dec. 23, 1985, 99 Stat. 1549. § 3175. Nutrition education program (a) Definition of 1862 Institution and 1890 Insti- tution In this section, the terms ‘‘1862 Institution’’ and ‘‘1890 Institution’’ have the meaning given those terms in section 7601 of this title. (b) Establishment The Secretary shall establish a national edu- cation program which shall include, but not be limited to, the dissemination of the results of food and human nutrition research performed or funded by the Department of Agriculture. (c) Employment and training To enable low-income individuals and families to engage in nutritionally sound food pur- chasing and preparation practices, the expanded food and nutrition education program presently conducted under section 343(d) of this title, shall provide for the employment and training of pro- fessional and paraprofessional aides to engage in direct nutrition education of low-income fami- lies and in other appropriate nutrition edu- cation programs. To the maximum extent prac- ticable, program aides shall be hired from the indigenous target population. (d) Allocation of funding Beginning with the fiscal year ending Sep- tember 30, 1982— (1) Any funds annually appropriated under section 343(d) of this title, for the conduct of the expanded food and nutrition education program, up to the amount appropriated under such section for such program for the fiscal year ending September 30, 1981, shall be allo- cated to each State in the same proportion as funds appropriated under such section for the conduct of the program for the fiscal year end- ing September 30, 1981, are allocated among the States; with the exception that the Sec- retary may retain up to 2 per centum of such amount for the conduct of such program in States that did not participate in such pro- gram in the fiscal year ending September 30, 1981. (2) Any funds appropriated annually under section 343(d) of this title, for the conduct of the expanded food and nutrition education program in excess of the amount appropriated under such section for the conduct of the pro- gram for the fiscal year ending September 30, 1981, shall be allocated as follows: (A) 4 per centum shall be available to the Secretary for administrative, technical, and other services necessary for the administra- tion of the program. (B) Notwithstanding section 343(d) of this title, the remainder shall be allocated among the States as follows: