Collapse to view only § 3178. Nutritional status monitoring

§ 3171. Congressional findings and declaration of policy
(a) Findings
(b) Declaration of policy
(Pub. L. 95–113, title XIV, § 1421, Sept. 29, 1977, 91 Stat. 999.)
§ 3172. Duties of Secretary of Agriculture
In order to carry out the policy of this subchapter, the Secretary shall develop and implement a national food and human nutrition research and extension program that shall include, but not be limited to—
(1) research on human nutritional requirements;
(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 Agriculture;
(4) research on the factors affecting food preference and habits; and
(5) the development of techniques and equipment to assist consumers in the home or in institutions in selecting food that supplies a nutritionally adequate diet.
(Pub. L. 95–113, title XIV, § 1422, Sept. 29, 1977, 91 Stat. 999.)
§ 3173. Research by Department of Agriculture
(a) Increase in level of support
(b) Periodic consultation with administrators of other Federal departments and agencies
(Pub. L. 95–113, title XIV, § 1423, Sept. 29, 1977, 91 Stat. 999.)
§§ 3174, 3174a. Repealed. Pub. L. 113–79, title VII, §§ 7108, 7109, Feb. 7, 2014, 128 Stat. 870
§ 3175. Nutrition education program
(a) Definition of 1862 Institution and 1890 Institution
(b) Establishment
(c) Employment and training
(d) Allocation of fundingBeginning with the fiscal year ending September 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 allocated to each State in the same proportion as funds appropriated under such section for the conduct of the program for the fiscal year ending September 30, 1981, are allocated among the States; with the exception that the Secretary may retain up to 2 per centum of such amount for the conduct of such program in States that did not participate in such program 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 program 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 administration of the program.
(B) Notwithstanding section 343(d) of this title, the remainder shall be allocated among the States as follows:
(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 Management and Budget and as adjusted pursuant 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 poverty guidelines in all States;
 as determined by the most recent decennial 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 program for fiscal year 2007, the following percentage of such excess funds for the fiscal year shall be allocated to the 1890 Institutions 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 subclause (I) shall be allocated to each 1890 Institution in an amount that bears the same ratio to the total amount to be allocated under this clause as—(aa) the population living at or below 125 percent of the income poverty guidelines (as prescribed by the Office of Management and Budget and as adjusted pursuant to section 9902(2) of title 42) in the State in which the 1890 Institution is located; bears to(bb) the total population living at or below 125 percent of those income poverty guidelines in all States in which 1890 Institutions are located;
 as determined by the most recent decennial census at the time at which each such additional amount is first appropriated.
(iv) Nothing in this subparagraph precludes the Secretary from developing educational materials and programs for persons in income ranges above the level designated in this subparagraph.
(e) Complementary administration
(f) Coordination
(g) Authorization of appropriations
(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.)
§ 3175a. Nutrition and consumer education; Congressional 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 access to nutrition and consumer education to enable 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.)
§ 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 expand 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.)
§ 3175c. Program of food, nutrition, and consumer education by State cooperative extension 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 cooperative extension services may use the expanded food and nutrition education program, and other food, nutrition, and consumer education activities of the cooperative extension services or similar activities carried out by them in collaboration with other public or private nonprofit agencies or organizations. In carrying out their responsibilities under the program, the cooperative 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, including innovative approaches, that accomplish the purpose set forth in section 3175b of this title; and
(3) to the extent practicable, coordinate activities carried out under the program with the delivery to low-income individuals of benefits under food assistance programs.
(Pub. L. 99–198, title XV, § 1586, Dec. 23, 1985, 99 Stat. 1596.)
§ 3175d. Administration of program of food, nutrition, and consumer education by State cooperative extension services
(a) Administration by Secretary of Agriculture
(b) Evaluation and report
(Pub. L. 99–198, title XV, § 1587, Dec. 23, 1985, 99 Stat. 1596; Pub. L. 110–234, title VII, § 7511(c)(11), May 22, 2008, 122 Stat. 1268; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(11), June 18, 2008, 122 Stat. 1664, 2029.)
§ 3175e. Authorization of appropriations
(a) There are hereby authorized to be appropriated to carry out sections 3175a through 3175e of this title $8,000,000 for each of the fiscal years 1991 through 1995.
(b) Any funds appropriated under this section for a fiscal year shall be allocated in the manner specified in subparagraphs (A) and (B) of section 3175(d)(2) of this title.
(c) Any funds appropriated to carry out sections 3175a through 3175e of this title shall supplement any other funds appropriated to the Department of Agriculture for use by the Department and the cooperative extension services of the States for food, nutrition, and consumer education for low-income households.
(Pub. L. 99–198, title XV, § 1588, Dec. 23, 1985, 99 Stat. 1597; Pub. L. 101–624, title XVII, § 1776(a), Nov. 28, 1990, 104 Stat. 3814; Pub. L. 110–234, title VII, § 7116(b), May 22, 2008, 122 Stat. 1221; Pub. L. 110–246, § 4(a), title VII, § 7116(b), June 18, 2008, 122 Stat. 1664, 1982.)
§ 3176. Repealed. Pub. L. 97–98, title XIV, § 1424(a), Dec. 22, 1981, 95 Stat. 1308
§ 3177. Repealed. Pub. L. 99–198, title XIV, § 1413, Dec. 23, 1985, 99 Stat. 1549
§ 3178. Nutritional status monitoring
(a) Formulation of system
The Secretary and the Secretary of Health and Human Services shall formulate and submit to Congress, within ninety days after September 29, 1977, a proposal for a comprehensive nutritional status monitoring system, to include:
(1) an assessment system consisting of periodic surveys and continuous monitoring to determine: the extent of risk of nutrition-related health problems in the United States; which population groups or areas of the country face greatest risk; and the likely causes of risk and changes in the above risk factors over time;
(2) a surveillance system to identify remediable nutrition-related health risks to individuals or for local areas, in such a manner as to tie detection to direct intervention and treatment. Such system should draw on screening and other information from other health programs, including those funded under titles V, XVIII, and XIX of the Social Security Act [42 U.S.C. 701 et seq., 1395 et seq., and 1396 et seq.] and section 330 of the Public Health Service Act; 1
1 See References in Text note below.
and
(3) program evaluations to determine the adequacy, efficiency, effectiveness, and side effects of nutrition-related programs in reducing health risks to individuals and populations.
(b) Coordination of existing activities; recommendation for necessary additional authorities
(Pub. L. 95–113, title XIV, § 1428, Sept. 29, 1977, 91 Stat. 1001; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
§ 3178a. Nutrition monitoring
The Secretary of Agriculture shall—
(1) in conducting the Department of Agriculture’s continuing survey of food intakes of individuals and any nationwide food consumption survey, include a sample that is representative of low-income individuals and, to the extent practicable, the collection of information on food purchases and other household expenditures by such individuals;
(2) to the extent practicable, continue to maintain the nutrient data base established by the Department of Agriculture; and
(3) encourage research by public and private entities relating to effective standards, methodologies, and technologies for accurate assessment of the nutritional and dietary status of individuals.
(Pub. L. 99–198, title XV, § 1589, Dec. 23, 1985, 99 Stat. 1597.)
§ 3179. Research on strategies to promote the selection and consumption of healthy foods
(a) In general
(b) Priorities
The Secretary shall—
(1) identify and assess the impacts of specific presentation, placement, and other strategies for structuring choices on selection and consumption of healthful foods in a variety of settings, consistent with the most recent version of the Dietary Guidelines for Americans published under section 5341 of this title;
(2) demonstrate and rigorously evaluate behavioral economics-related interventions that hold promise to improve diets and promote health, including through demonstration projects that may include evaluation of the use of portion size, labeling, convenience, and other strategies to encourage healthy choices; and
(3) encourage adoption of the most effective strategies through outreach and technical assistance.
(c) Authority
In carrying out the program under subsection (a), the Secretary may—
(1) enter into competitively awarded contracts or cooperative agreements; or
(2) provide grants to States or public or private agencies or organizations, as determined by the Secretary.
(d) Application
(e) Coordination
(f) Annual reports
Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of—
(1) the policies, priorities, and operations of the program carried out by the Secretary under this section during the fiscal year;
(2) the results of any evaluations completed during the fiscal year; and
(3) the efforts undertaken to disseminate successful practices through outreach and technical assistance.
(g) Authorization of appropriations
(1) In general
(2) Use of funds
(Pub. L. 111–296, title II, § 244, Dec. 13, 2010, 124 Stat. 3239.)