7 U.S.C. § 3175 — Nutrition education program

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 Repealed.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 Repealed.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: Page 1598 TITLE 7—AGRICULTURE § 3175 (i) $100,000 shall be distributed to each 1862 Institution and 1890 Institution. (ii) Subject to clause (iii), the remainder shall be allocated to each State in an amount that bears the same ratio to the total amount to be allocated under this clause as— (I) the population living at or below 125 percent of the income poverty guidelines (as prescribed by the Office of Manage- ment and Budget and as adjusted pursu- ant to section 9902(2) of title 42) in the State; bears to (II) the total population living at or below 125 percent of those income pov- erty guidelines in all States; as determined by the most recent decen- nial census at the time at which each such additional amount is first appropriated. (iii)(I) Before any allocation of funds under clause (ii), for any fiscal year for which the amount of funds appropriated for the conduct of the expanded food and nutrition education program exceeds the amount of funds appropriated for the pro- gram for fiscal year 2007, the following per- centage of such excess funds for the fiscal year shall be allocated to the 1890 Institu- tions in accordance with subclause (II): (aa) 10 percent for fiscal year 2009. (bb) 11 percent for fiscal year 2010. (cc) 12 percent for fiscal year 2011. (dd) 13 percent for fiscal year 2012. (ee) 14 percent for fiscal year 2013. (ff) 15 percent for fiscal year 2014 and for each fiscal year thereafter. (II) Funds made available under sub- clause (I) shall be allocated to each 1890 In- stitution in an amount that bears the same ratio to the total amount to be allo- cated under this clause as— (aa) the population living at or below 125 percent of the income poverty guide- lines (as prescribed by the Office of Man- agement and Budget and as adjusted pur- suant to section 9902(2) of title 42) in the State in which the 1890 Institution is lo- cated; bears to (bb) the total population living at or below 125 percent of those income pov- erty guidelines in all States in which 1890 Institutions are located; as determined by the most recent decen- nial census at the time at which each such additional amount is first appropriated. (iv) Nothing in this subparagraph pre- cludes the Secretary from developing edu- cational materials and programs for per- sons in income ranges above the level des- ignated in this subparagraph. (e) Complementary administration The Secretary shall ensure the complemen- tary administration of the expanded food and nutrition education program by 1862 Institutions and 1890 Institutions in a State. (f) Coordination Projects carried out with funds made available under section 343(d) of this title, to carry out the program established under subsection (b) may be coordinated with the nutrition edu- cation and obesity prevention grant program under section 2036a of this title or another health promotion or nutrition improvement strategy, whether publicly or privately funded, as determined by the Secretary. (g) Authorization of appropriations There is authorized to be appropriated to carry out the expanded food and nutrition edu- cation program established under section 343(d) of this title and this section $90,000,000 for each of fiscal years 2009 through 2023. (Pub. L. 95–113, title XIV, § 1425, Sept. 29, 1977, 91 Stat. 1000; Pub. L. 97–98, title XIV, § 1423, Dec. 22, 1981, 95 Stat. 1307; Pub. L. 101–624, title XVII, § 1776(b), Nov. 28, 1990, 104 Stat. 3814; Pub. L. 104–127, title VIII, § 809, Apr. 4, 1996, 110 Stat. 1164; Pub. L. 105–185, title III, § 301(a)(6), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, § 7106, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, § 7116(a), May 22, 2008, 122 Stat. 1220; Pub. L. 110–246, § 4(a), title VII, § 7116(a), June 18, 2008, 122 Stat. 1664, 1981; Pub. L. 113–79, title VII, § 7110, Feb. 7, 2014, 128 Stat. 870; Pub. L. 115–334, title VII, § 7112, Dec. 20, 2018, 132 Stat. 4785.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (f). Pub. L. 115–334, § 7112(2), added sub- sec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 115–334, § 7112(1), (3), redesignated subsec. (f) as (g) and substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (f). Pub. L. 113–79 substituted ‘‘2018’’ for ‘‘2012’’. 2008—Pub. L. 110–246, § 7116(a)(2), reenacted section catchline without change. Subsecs. (a) to (d). Pub. L. 110–246, § 7116(a)(1)–(5)(A), added subsec. (a), redesignated former subsecs. (a) to (c) as (b) to (d), respectively, inserted headings, and in sub- sec. (c) substituted ‘‘To enable’’ for ‘‘In order to en- able’’. Subsec. (d)(2)(B). Pub. L. 110–246, § 7116(a)(5)(B), added subpar. (B) and struck out former subpar. (B) which re- lated to allocation of funds other than for administra- tive or technical purposes, 10 percent of which was to be distributed equally among all States, and the re- mainder was to be allocated to each State in an amount bearing the same ratio to the total amount to be allocated as the population of the State living at or below 125 percent of income poverty guidelines bore to the total population of all the States living at or below 125 percent of such guidelines. Subsec. (d)(3). Pub. L. 110–246, § 7116(a)(5)(C), struck out par. (3) which read as follows: ‘‘There is authorized to be appropriated to carry out the expanded food and nutrition education program established under section 343(d) of this title and this section, $83,000,000 for each of fiscal years 1996 through 2007.’’ Subsecs. (e), (f). Pub. L. 110–246, § 7116(a)(6), added sub- secs. (e) and (f). 2002—Subsec. (c)(3). Pub. L. 107–171 substituted ‘‘2007’’ for ‘‘2002’’. 1998—Subsec. (c)(3). Pub. L. 105–185 substituted ‘‘through 2002’’ for ‘‘and 1997’’. 1996—Subsec. (c)(3). Pub. L. 104–127 substituted ‘‘, $83,000,000 for each of fiscal years 1996 and 1997’’ for ‘‘$63,000,000 for fiscal year 1991, $68,000,000 for fiscal year Page 1599 TITLE 7—AGRICULTURE § 3175c 1992, $73,000,000 for fiscal year 1993, $78,000,000 for fiscal year 1994, and $83,000,000 for fiscal year 1995’’. 1990—Subsec. (c)(3). Pub. L. 101–624 added par. (3). 1981—Subsec. (b). Pub. L. 97–98 substantially retained existing provisions of the subsection relating to ex- panded food and nutrition education programs and transferred remaining provisions relating to allocation of funds to States and the authority of the Secretary to develop educational materials and programs for per- sons in certain income ranges to a new subsec. (c). Subsec. (c). Pub. L. 97–98 added subsec. (c), and in- cluded therein provisions relating to allocation of funds to States and the authority of the Secretary to develop educational materials and programs for per- sons in certain income ranges formerly contained in subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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 an Effective Date note under section 8701 of this title. Pub. L. 110–234, title VII, § 7116(c), May 22, 2008, 122 Stat. 1221, and Pub. L. 110–246, § 4(a), title VII, § 7116(c), June 18, 2008, 122 Stat. 1664, 1982, provided that: ‘‘The amendments made by this section [amending this sec- tion and section 3175e of this title] take effect on Octo- ber 1, 2008.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective Oct. 1, 1990, see section 1781(b)(1) of Pub. L. 101–624, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. 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. § 3175a. Nutrition and consumer education; Con- gressional findings Congress finds that individuals in households eligible to participate in programs under the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.] and other low-income individuals, including those residing in rural areas, should have greater ac- cess to nutrition and consumer education to en- able them to use their food budgets, including food assistance, effectively and to select and prepare foods that satisfy their nutritional needs and improve their diets. (Pub. L. 99–198, title XV, § 1584, Dec. 23, 1985, 99 Stat. 1596.) Editorial Notes REFERENCES IN TEXT The Food Stamp Act of 1977, referred to in text, sub- sequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the National Agricultural Re- search, Extension, and Teaching Policy Act of 1977 which comprises this chapter. § 3175b. Expansion of effective food, nutrition, and consumer education services The purpose of the program provided for under sections 3175a through 3175e of this title is to ex- pand effective food, nutrition, and consumer education services to the greatest practicable number of low-income individuals, including those participating in or eligible to participate in the programs under the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.], to assist them to— (1) increase their ability to manage their food budgets, including food stamps and other food assistance; (2) increase their ability to buy food that satisfies nutritional needs and promotes good health; and (3) improve their food preparation, storage, safety, preservation, and sanitation practices. (Pub. L. 99–198, title XV, § 1585, Dec. 23, 1985, 99 Stat. 1596.) Editorial Notes REFERENCES IN TEXT The Food Stamp Act of 1977, referred to in text, sub- sequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the National Agricultural Re- search, Extension, and Teaching Policy Act of 1977 which comprises this chapter. § 3175c. Program of food, nutrition, and con- sumer education by State cooperative exten- sion services The cooperative extension services of the States shall, with funds made available under this subtitle, carry out an expanded program of food, nutrition, and consumer education for low- income individuals in a manner designed to achieve the purpose set forth in section 3175b of this title. In operating the program, the cooper- ative extension services may use the expanded food and nutrition education program, and other food, nutrition, and consumer education activi- ties of the cooperative extension services or similar activities carried out by them in col- laboration with other public or private non- profit agencies or organizations. In carrying out their responsibilities under the program, the co- operative extension services are encouraged to— (1) provide effective and meaningful food, nutrition, and consumer education services to as many low-income individuals as possible; (2) employ educational methodologies, in- cluding innovative approaches, that accom- plish the purpose set forth in section 3175b of this title; and