-CITE-

7 USC CHAPTER 84 - NATIONAL NUTRITION MONITORING AND

RELATED RESEARCH 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

.

-HEAD-

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

-MISC1-

Sec.

5301. Congressional statement of purposes.

5302. Definitions.

SUBCHAPTER I - NUTRITION MONITORING AND RELATED RESEARCH

5311. Establishment of coordinated program.

(a) In general.

(b) Implementation responsibility.

(c) Establishment of Board.

(d) Administrator.

5312. Functions of Secretaries.

(a) In general.

(b) Biennial report.

5313. Development of comprehensive plan for National Nutrition

Monitoring and Related Research Program.

(a) Comprehensive plan.

(b) Components of plan.

(c) Additional requirements of plan.

(d) Publication of plan.

(e) Prohibition on construing.

5314. Implementation of comprehensive plan.

(a) In general.

(b) Existing law not affected.

5315. Scientific research and development in support of coordinated

program and comprehensive plan.

5316. Annual budget submission.

(a) Annual report.

(b) Existing authority not affected.

SUBCHAPTER II - NATIONAL NUTRITION MONITORING ADVISORY COUNCIL

5331. Structure of Council.

(a) In general.

(b) Selection criteria.

(c) Particular representation requirements.

(d) Chairperson.

(e) Term of office.

(f) Initial appointment.

(g) Meetings.

(h) Limitation on Federal employment.

(i) Executive Secretary.

(j) Termination.

5332. Functions of Council.

SUBCHAPTER III - DIETARY GUIDANCE

5341. Establishment of dietary guidelines.

(a) Report.

(b) Approval by Secretaries.

(c) Existing authority not affected.

5342. Nutrition training report.

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7 USC Sec. 5301 01/06/03

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CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

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Sec. 5301. Congressional statement of purposes

-STATUTE-

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 related

research activities;

(2) establish and facilitate the timely implementation of a

coordinated National Nutrition Monitoring and Related Research

Program, and thereby provide a scientific basis for the

maintenance and improvement of the nutritional 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

monitoring and related research, future monitoring and related

research priorities, and the relevant policy implications;

(4) establish and improve the quality of national nutritional

and health status data and related data bases and networks, and

stimulate research necessary to develop uniform indicators,

standards, methodologies, technologies, and procedures for

nutrition monitoring;

(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, scientific 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.

-SOURCE-

(Pub. L. 101-445, Sec. 2, Oct. 22, 1990, 104 Stat. 1034.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 101-445 provided that: ''This Act (enacting

this chapter) may be cited as the 'National Nutrition Monitoring

and Related Research Act of 1990'.''

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7 USC Sec. 5302 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

-HEAD-

Sec. 5302. Definitions

-STATUTE-

As used in this chapter -

(1) the term ''comprehensive plan'' means the comprehensive

plan prepared under section 5313 of this title;

(2) the term ''coordinated program'' means the National

Nutrition Monitoring and Related Research Program established by

section 5311(a) of this title;

(3) the terms ''Interagency Board for Nutrition 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 Monitoring System'' means the plan of that

title dated August 18, 1981 and submitted by the Department 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 educational unit;

(6) the terms ''National Nutrition Monitoring Advisory

Council'' and ''Council'' mean the advisory body established

under section 5331 of this title;

(7) the term ''nutrition monitoring and related 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, including -

(A) dietary, nutritional, and health status measurements;

(B) food consumption measurements;

(C) food composition measurements and nutrient data banks;

(D) dietary knowledge and attitude measurements; and

(E) food supply and demand determinations;

(8) the term ''nutritional quality'' means -

(A) the appropriate levels of individual nutrients in the

diet;

(B) the appropriate levels between nutrients in the diet;

(C) the bioavailability of nutrients such as absorption,

digestion, and utilization; and

(D) the nutritional importance of nonnutrient substances such

as fiber, phytate, and such substances that are naturally found

in the food supply; and

(9) the term ''Secretaries'' means the Secretary of Agriculture

and the Secretary of Health and Human Services, acting jointly.

-SOURCE-

(Pub. L. 101-445, Sec. 3, Oct. 22, 1990, 104 Stat. 1035.)

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7 USC SUBCHAPTER I - NUTRITION MONITORING AND RELATED

RESEARCH 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER I - NUTRITION MONITORING AND RELATED RESEARCH

.

-HEAD-

SUBCHAPTER I - NUTRITION MONITORING AND RELATED RESEARCH

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7 USC Sec. 5311 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER I - NUTRITION MONITORING AND RELATED RESEARCH

-HEAD-

Sec. 5311. Establishment of coordinated program

-STATUTE-

(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 Research, of which an Assistant Secretary in the Department

of Agriculture (designated by the Secretary of Agriculture) and an

Assistant Secretary 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 Administrator 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 chairpersons of the Board, serve as the

focal point for the coordinated program, and serve as the

Executive Secretary for the National Nutrition Monitoring

Advisory Council.

-SOURCE-

(Pub. L. 101-445, title I, Sec. 101, Oct. 22, 1990, 104 Stat.

1035.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5302, 5331 of this title.

-CITE-

7 USC Sec. 5312 01/06/03

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CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER I - NUTRITION MONITORING AND RELATED RESEARCH

-HEAD-

Sec. 5312. Functions of Secretaries

-STATUTE-

(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 program;

(2) update the Joint Implementation Plan for a Comprehensive

National Nutrition Monitoring System, and integrate it into the

coordinated 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 assist the conduct, by Federal

entities, and by non-Federal entities on an appropriate matching

funds basis, of research (including research described in section

5313(a)(3) of this title) that will accelerate the development of

uniform and cost-effective standards and indicators for the

assessment and monitoring of nutritional 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 governments in

developing the capacity to conduct monitoring and surveillance of

nutritional status, food consumption, and nutrition knowledge and

in using such capacity to enhance 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 respect to nutrition

monitoring and related research, 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 Federation of American Societies for

Experimental 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 nutritional quality (including the

nutritive and nonnutritive content) of food consumed in the

United States; or

(B) if the Secretaries determine that sufficient data analyses

are not available to warrant interpretation of such data

analyses, inform 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, including print and electronic forms of data

and analysis, and use the proceeds of such charges and fees for

purposes of the coordinated program (except that no such charge

or fee imposed on an educational or other nonprofit organization

shall exceed the actual costs incurred by the coordinated program

in providing 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 coordinated program

components as are developed under section 5313 of this title;

(3) describe and evaluate any policy implications of the

analytical findings in the scientific reports required under

subsection (a)(8) of this section, and future priorities for

nutrition monitoring 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 report most recently

published by the scientific body, as provided for in subsection

(a)(8) of this section.

-SOURCE-

(Pub. L. 101-445, title I, Sec. 102, Oct. 22, 1990, 104 Stat.

1036.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section requiring submission of biennial 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5332 of this title.

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7 USC Sec. 5313 01/06/03

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CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER I - NUTRITION MONITORING AND RELATED RESEARCH

-HEAD-

Sec. 5313. Development of comprehensive plan for National Nutrition

Monitoring and Related Research Program

-STATUTE-

(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, analyze, and report,

on a continuous basis, the dietary 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 populations, 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 identifiable 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 expenditures, participation in food assistance

programs, and periods experienced when nutrition benefits are not

sufficient to provide an adequate diet;

(3) sponsor or conduct research necessary to develop uniform

indicators, standards, methodologies, technologies, and

procedures for conducting and reporting nutrition monitoring and

surveillance;

(4) develop and keep updated a national dietary and nutritional

status data bank, a nutrient data bank, and other data resources

as required;

(5) assist State and local government agencies 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 Consumption

Survey (NFCS);

(2) provide, by 1991, for the continuous collection,

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 nutrition monitoring

efforts such as the Centers for Disease Control Nutrition

Surveillance Program and the Food and Drug Administration Total

Diet Study, and, to the extent possible, coordinate such efforts

with the surveys described in paragraphs (1) and (2);

(4) incorporate, in survey design, military and (where

appropriate) institutionalized populations;

(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;

(6) improve the methodologies and technologies, including those

suitable for use by States and localities, available for the

assessment of nutritional and dietary status and trends;

(7) develop uniform standards and indicators for the assessment

and monitoring of nutritional and dietary status, for relating

food consumption patterns to nutritional and health status, and

for use in the evaluation of Federal food and nutrition

intervention programs;

(8) establish national baseline data and procedures for

nutrition monitoring;

(9) provide scientific and technical assistance, training, and

consultation to State and local governments for the purpose of -

(A) obtaining dietary and nutrition status data;

(B) developing related data bases; and

(C) promoting the development of regional, State, and local

data collection services to become an integral component of a

national nutritional status network;

(10) establish mechanisms to identify the needs of users of

nutrition monitoring data and to encourage the private sector and

the academic community to participate in the development and

implementation of the comprehensive plan and contribute relevant

data from non-Federal sources to promote the development of a

national nutritional status network;

(11) compile an inventory of Federal, State, and nongovernment

activities related to nutrition monitoring and related research;

(12) focus on national nutrition monitoring needs while

building on the responsibilities and expertise of the individual

membership of the Board;

(13) administer the coordinated program, define program

objectives, priorities, oversight, responsibilities, and

resources, and define the organization and management of the

Board and the Council; and

(14) provide a mechanism for periodically evaluating and

refining the coordinated program and the comprehensive plan that

facilitates cooperation and interaction by State and local

governments, the private sector, scientific communities, and

health care professionals, and that facilitates coordination with

non-Federal activities.

(c) Additional requirements of plan

The comprehensive plan shall -

(1) allocate all of the projected functions and activities

under the coordinated program among the various Federal agencies

and offices that will be involved;

(2) contain an affirmative statement and description of the

functions to be performed and activities to be undertaken by each

of such agencies and offices in carrying out the coordinated

program; and

(3) constitute the basis on which each agency participating in

the coordinated program requests authorizations and

appropriations for nutrition monitoring and related research

during the ten-year period of the program.

(d) Publication of plan

(1) Proposed plan

Within 12 months after October 22, 1990, the Secretaries shall

publish in the Federal Register a proposed comprehensive plan for

public review for a comment period of no less than sixty days.

(2) Final plan

Within sixty days after the comment period under paragraph (1)

expires, and after considering any comments received, the

Secretaries shall submit to the President, for submission to the

Congress and for publication in the Federal Register, the final

comprehensive plan.

(e) Prohibition on construing

Nothing in this section may be construed as modifying, or as

authorizing the Secretaries or the comprehensive plan to modify,

any provision of an appropriation Act (or any other provision of

law relating to the use of appropriated funds) that specifies -

(1) the department or agency to which funds are appropriated;

or

(2) the obligations of such department or agency with respect

to the use of such funds.

-SOURCE-

(Pub. L. 101-445, title I, Sec. 103, Oct. 22, 1990, 104 Stat.

1037.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5302, 5312, 5314, 5331 of

this title.

-CITE-

7 USC Sec. 5314 01/06/03

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CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER I - NUTRITION MONITORING AND RELATED RESEARCH

-HEAD-

Sec. 5314. Implementation of comprehensive plan

-STATUTE-

(a) In general

The comprehensive plan shall be carried out during the period

ending with the close of the ninth fiscal year following the fiscal

year in which the comprehensive plan is submitted in its final form

under section 5313(d)(2) of this title and shall be -

(1) carried out in accordance with, and meet the program

objectives specified in, section 5313(a) of this title and

section 5313(b) of this title;

(2) carried out, by the Federal agencies involved, in

accordance with the allocation of functions and activities under

section 5313(c) of this title; and

(3) funded by appropriations made to such agencies for each

fiscal year of the program.

(b) Existing law not affected

Nothing in this subchapter may be construed to grant any new

regulatory authority or to limit, expand, or otherwise modify any

regulatory authority under existing law, or to establish new

criteria, standards, or requirements for regulation under existing

law.

-SOURCE-

(Pub. L. 101-445, title I, Sec. 104, Oct. 22, 1990, 104 Stat.

1040.)

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7 USC Sec. 5315 01/06/03

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CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER I - NUTRITION MONITORING AND RELATED RESEARCH

-HEAD-

Sec. 5315. Scientific research and development in support of

coordinated program and comprehensive plan

-STATUTE-

The Secretaries shall coordinate the conduct of, and may contract

with the National Science Foundation, the National Aeronautics and

Space Administration, the National Oceanic and Atmospheric

Administration, the National Institute of Standards and Technology,

and other suitable Federal agencies for, such scientific research

and development as may be necessary or appropriate in support of

the coordinated program and the comprehensive plan and in

furtherance of the purposes and objectives of this chapter.

-SOURCE-

(Pub. L. 101-445, title I, Sec. 105, Oct. 22, 1990, 104 Stat.

1040.)

-CITE-

7 USC Sec. 5316 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER I - NUTRITION MONITORING AND RELATED RESEARCH

-HEAD-

Sec. 5316. Annual budget submission

-STATUTE-

(a) Annual report

The President, at the same time as the submission of the annual

budget to the Congress, shall submit a report to the Committees on

Agriculture and Science, Space, and Technology of the House of

Representatives and to the Committees on Agriculture, Nutrition,

and Forestry and Governmental Affairs of the Senate on expenditures

required for carrying out the coordinated program and implementing

the comprehensive plan. The report shall detail, for each of the

agencies that are allocated responsibilities under the coordinated

program -

(1) the amounts spent on the coordinated program during the

fiscal year most recently ended;

(2) the amounts expected to be spent during the current fiscal

year; and

(3) the amounts requested in the annual budget for the fiscal

year for which the budget is being submitted.

(b) Existing authority not affected

Nothing in this subchapter is intended to either -

(1) authorize the appropriation or require the expenditure of

any funds in excess of the amount of funds that would be

authorized or expended for the same purposes in the absence of

the coordinated program; or

(2) limit the authority of any of the participating agencies to

request and receive funds for such purposes (for use in the

coordinated program) under other laws.

-SOURCE-

(Pub. L. 101-445, title I, Sec. 106, Oct. 22, 1990, 104 Stat.

1040.)

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-MISC4-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the report required by subsec. (a) of this section is listed

on page 31), see section 3003 of Pub. L. 104-66, as amended, and

section 1(a)(4) (div. A, Sec. 1402) of Pub. L. 106-554, set out as

notes under section 1113 of Title 31, Money and Finance.

-CITE-

7 USC SUBCHAPTER II - NATIONAL NUTRITION MONITORING

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SUBCHAPTER II - NATIONAL NUTRITION MONITORING ADVISORY COUNCIL

.

-HEAD-

SUBCHAPTER II - NATIONAL NUTRITION MONITORING ADVISORY COUNCIL

-CITE-

7 USC Sec. 5331 01/06/03

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SUBCHAPTER II - NATIONAL NUTRITION MONITORING ADVISORY COUNCIL

-HEAD-

Sec. 5331. Structure of Council

-STATUTE-

(a) In general

(1) Establishment

The President shall establish, within ninety days after October

22, 1990, a National Nutrition Monitoring Advisory Council. The

Council shall assist in carrying out the purposes of this

chapter, provide scientific and technical advice on the

development and implementation of the coordinated program and

comprehensive plan, and serve in an advisory capacity to the

Secretaries.

(2) Membership

The Council shall consist of nine voting members, of whom -

(A) five members shall be appointed by the President based

upon recommendations from the Secretaries; and

(B) four members shall be appointed by Congress, of whom -

(i) one shall be appointed by the Speaker of the House of

Representatives;

(ii) one shall be appointed by the minority leader of the

House of Representatives;

(iii) one shall be appointed by the President pro tempore

of the Senate; and

(iv) one shall be appointed by the minority leader of the

Senate.

(3) Ex officio members

The Council also shall include the joint chairpersons of the

Board as ex officio nonvoting members.

(b) Selection criteria

Each person appointed to the Council shall be selected solely on

the basis of an established record of distinguished service and

shall be eminent in one of the following fields:

(1) public health, including clinical dietetics, public health

nutrition, epidemiology, clinical medicine, health education, or

nutrition education;

(2) nutrition monitoring research, including nutrition

monitoring and surveillance, food consumption patterns,

nutritional anthropology, community nutrition research,

nutritional biochemistry, food composition analysis, survey

statistics, dietary-intake methodology, or nutrition status

methodology; or

(3) food production and distribution, including agriculture,

biotechnology, food technology, food engineering, economics,

consumer psychology or sociology, food-system management, or food

assistance.

(c) Particular representation requirements

The Council membership, at all times, shall include at least two

representatives from each of the three areas of specialization

listed in subsection (b) of this section, and shall have

representatives from various geographic areas, the private sector,

academia, scientific and professional societies, agriculture,

minority organizations, and public interest organizations and shall

include a State or local government employee with a specialized

interest in nutrition monitoring.

(d) Chairperson

The Chairperson of the Council shall be elected from and by the

Council membership. The term of office of the Chairperson shall

not exceed 5 years. If a vacancy occurs in the Chairpersonship,

the Council shall elect a member to fill such vacancy.

(e) Term of office

The term of office of each of the voting members of the Council

shall be 5 years, except that of the 5 members first appointed by

the President, 2 shall be appointed for a term of 2 years, 2 for

terms of 3 years, and one for a term of 4 years, as designated by

the President at the time of appointment. Any member appointed to

fill a vacancy occurring prior to the expiration of the term for

which the predecessor of such member was appointed shall be

appointed for the remainder of such term. No voting member shall

be eligible to serve continuously for more than 2 consecutive

terms.

(f) Initial appointment

The initial members of the Council shall be appointed or

designated not later than ninety days after October 22, 1990.

(g) Meetings

The Council shall meet on a regular basis at the call of the

Chairperson, or on the written request of one-third of the

members. A majority of the appointed members of the Council shall

constitute a quorum.

(h) Limitation on Federal employment

Appointed members of the Council may not be employed by the

Federal Government and shall be allowed travel expenses as

authorized by section 5703 of title 5.

(i) Executive Secretary

The Administrator of Nutrition Monitoring and Related Research

(if appointed under section 5311(d) of this title) shall serve as

the Executive Secretary of the Council.

(j) Termination

The Council shall terminate 10 years after the final

comprehensive plan is prepared under section 5313 of this title.

-SOURCE-

(Pub. L. 101-445, title II, Sec. 201, Oct. 22, 1990, 104 Stat.

1041.)

-EXEC-

EX. ORD. NO. 12747. NATIONAL NUTRITION MONITORING ADVISORY COUNCIL

Ex. Ord. No. 12747, Jan. 25, 1991, 56 F.R. 3391, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States, including the National Nutrition

Monitoring and Related Research Act of 1990 (''Act'') (Public Law

101-445, October 22, 1990) (7 U.S.C. 5301 et seq.) and the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby

ordered as follows:

Section 1. Establishment. There is established the National

Nutrition Monitoring Advisory Council (''Council''). The Council

shall assist in carrying out the purposes of the Act, provide

scientific and technical advice on the development and

implementation of the coordinated program and comprehensive plan

required by section 103 of the Act (7 U.S.C. 5313), and serve in an

advisory capacity to the Secretary of Agriculture and the Secretary

of Health and Human Services (''Secretaries'') with respect to

their responsibilities and functions under the Act.

Sec. 2. Membership. (A) Composition. The Council shall consist of

nine voting members. Five of the members shall be appointed by the

President upon the recommendation of the Secretaries. Four of the

members shall be appointed by the Congress, of whom one shall be

appointed by the Speaker of the House of Representatives, one shall

be appointed by the minority leader of the House of

Representatives, one shall be appointed by the President pro

tempore of the Senate, and one shall be appointed by the minority

leader of the Senate. The Council shall also include the joint

chairpersons of the Interagency Board for Nutrition Monitoring and

Related Research as ex officio nonvoting members.

(B) Selection Criteria. Each person appointed to the Council

shall be selected solely on the basis of an established record of

distinguished service and shall be eminent in one of the following

fields:

(1) public health, including clinical dietetics, public health

nutrition, epidemiology, clinical medicine, health education, or

nutrition education;

(2) nutrition monitoring research, including nutrition monitoring

and surveillance, food consumption patterns, nutritional

anthropology, community nutrition research, nutritional

biochemistry, food composition analysis, survey statistics,

dietary-intake methodology, or nutrition status methodology; or

(3) food production and distribution, including agriculture,

biotechnology, food engineering, economics, consumer psychology or

sociology, food-system management, or food assistance.

(C) Particular Representation Requirements. The Council

membership, at all times, shall include at least two

representatives from each of the three areas of specialization

listed in subsection (B), and shall have representatives from

various geographic areas, the private sector, academia, scientific

and professional societies, agriculture, minority organizations,

and public interest organizations, and shall include a State or

local government employee with a specialized interest in nutrition

monitoring.

(D) Chairperson. The Chairperson of the Council shall be elected

from and by the Council membership. The term of office shall not

exceed 5 years. If a vacancy occurs in the Chairpersonship, the

Council shall elect a member to fill such vacancy.

(E) Term of Office. The term of office of each of the voting

members of the Council shall be 5 years, except that of the five

members first appointed by the President, two members shall be

appointed for a term of 2 years, two members for a term of 3 years,

and one for a term of 4 years, as designated by the President at

the time of appointment. Any member appointed to fill a vacancy

occurring prior to the expiration of the term for which the

predecessor of such member was appointed shall be appointed for the

remainder of the term. No voting member shall be eligible to serve

continuously for more than two consecutive terms.

(F) Executive Secretary. The Administrator of Nutrition

Monitoring and Related Research (if appointed under section 101(d)

of the Act (7 U.S.C. 5311(d))) shall serve as the Executive

Secretary of the Council.

Sec. 3. Functions of the Council. The Council shall:

(a) provide scientific and technical advice on the development

and implementation of all components of the coordinated program and

the comprehensive plan;

(b) evaluate the scientific and technical quality of the

comprehensive plan and the effectiveness of the coordinated

program;

(c) recommend to the Secretaries, on an annual basis, means of

enhancing the comprehensive plan and the coordinated programs; and

(d) submit to the Secretaries annual reports that shall: (1)

contain the components specified in paragraphs (b) and (c); and (2)

be included in full in the biennial reports of the Secretaries to

the President for transmittal to the Congress under section 102(b)

of the Act (7 U.S.C. 5312(b)).

Sec. 4. Meetings. The Council shall meet on a regular basis at

the call of the Chairperson, or on the written request of one-third

of the members. A majority of the appointed members of the Council

shall constitute a quorum.

Sec. 5. Administration. (a) The heads of executive departments,

agencies, and independent instrumentalities shall, to the extent

permitted by law, provide the Council, upon request, with such

information as it may require for the purposes of carrying out its

functions.

(b) Members of the Council shall serve without compensation for

their work on the Council. While engaged in the work of the

Council, members appointed from among private citizens of the

United States may be allowed travel expenses, including per diem in

lieu of subsistence, as authorized by law for persons serving

intermittently in the Government service (5 U.S.C. 5701-5707).

Appointed members of the Council may not be employed by the Federal

Government.

(c) To the extent provided by law and subject to the availability

of appropriations, the Department of Agriculture shall provide the

Council with such administrative services, funds, facilities,

staff, and other support services as may be necessary for the

performance of its functions.

Sec. 6. General provision. Notwithstanding the provisions of any

other Executive order, the functions of the President under the

Federal Advisory Committee Act that are applicable to the Council

shall be performed by the Secretary of Agriculture, in accordance

with guidelines and procedures established by the Administrator of

General Services.

Sec. 7. The Council shall terminate 10 years after the final

comprehensive plan is prepared under section 103 of the Act.

George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5302 of this title.

-CITE-

7 USC Sec. 5332 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER II - NATIONAL NUTRITION MONITORING ADVISORY COUNCIL

-HEAD-

Sec. 5332. Functions of Council

-STATUTE-

The Council shall -

(1) provide scientific and technical advice on the development

and implementation of all components of the coordinated program

and the comprehensive plan;

(2) evaluate the scientific and technical quality of the

comprehensive plan and the effectiveness of the coordinated

program;

(3) recommend to the Secretaries, on an annual basis, means of

enhancing the comprehensive plan and the coordinated program; and

(4) submit to the Secretaries annual reports that -

(A) shall contain the components specified in paragraphs (2)

and (3); and

(B) shall be included in full in the biennial reports of the

Secretaries to the President for transmittal to Congress under

section 5312(b) of this title.

-SOURCE-

(Pub. L. 101-445, title II, Sec. 202, Oct. 22, 1990, 104 Stat.

1042.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5312 of this title.

-CITE-

7 USC SUBCHAPTER III - DIETARY GUIDANCE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER III - DIETARY GUIDANCE

.

-HEAD-

SUBCHAPTER III - DIETARY GUIDANCE

-CITE-

7 USC Sec. 5341 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER III - DIETARY GUIDANCE

-HEAD-

Sec. 5341. Establishment of dietary guidelines

-STATUTE-

(a) Report

(1) In general

At least every five years the Secretaries shall publish a

report entitled ''Dietary Guidelines for Americans''. Each such

report shall contain nutritional and dietary information and

guidelines for the general public, and shall be promoted by each

Federal agency in carrying out any Federal food, nutrition, or

health program.

(2) Basis of guidelines

The information and guidelines contained in each report

required under paragraph (1) shall be based on the preponderance

of the scientific and medical knowledge which is current at the

time the report is prepared.

(b) Approval by Secretaries

(1) Review

Any Federal agency that proposes to issue any dietary guidance

for the general population or identified population subgroups

shall submit the text of such guidance to the Secretaries for a

sixty-day review period.

(2) Basis of review

(A) In general

During the sixty-day review period established in paragraph

(1), the Secretaries shall review and approve or disapprove

such guidance to assure that the guidance either is consistent

with the ''Dietary Guidelines for Americans'' or that the

guidance is based on medical or new scientific knowledge which

is determined to be valid by the Secretaries. If after such

sixty-day period neither Secretary notifies the proposing

agency that such guidance has been disapproved, then such

guidance may be issued by the agency. If both Secretaries

disapprove of such guidance, it shall be returned to the

agency. If either Secretary finds that such guidance is

inconsistent with the ''Dietary Guidelines for Americans'' and

so notifies the proposing agency, such agency shall follow the

procedures set forth in this subsection before disseminating

such proposal to the public in final form. If after such

sixty-day period, either Secretary disapproves such guidance as

inconsistent with the ''Dietary Guidelines for Americans'' the

proposing agency shall -

(i) publish a notice in the Federal Register of the

availability of the full text of the proposal and the

preamble of such proposal which shall explain the basis and

purpose for the proposed dietary guidance;

(ii) provide in such notice for a public comment period of

thirty days; and

(iii) make available for public inspection and copying

during normal business hours any comment received by the

agency during such comment period.

(B) Review of comments

After review of comments received during the comment period

either Secretary may approve for dissemination by the proposing

agency a final version of such dietary guidance along with an

explanation of the basis and purpose for the final guidance

which addresses significant and substantive comments as

determined by the proposing agency.

(C) Announcement

Any such final dietary guidance to be disseminated under

subparagraph (B) shall be announced in a notice published in

the Federal Register, before public dissemination along with an

address where copies may be obtained.

(D) Notification of disapproval

If after the thirty-day period for comment as provided under

subparagraph (A)(ii), both Secretaries disapprove a proposed

dietary guidance, the Secretaries shall notify the Federal

agency submitting such guidance of such disapproval, and such

guidance may not be issued, except as provided in subparagraph

(E).

(E) Review of disapproval

If a proposed dietary guidance is disapproved by both

Secretaries under subparagraph (D), the Federal agency

proposing such guidance may, within fifteen days after

receiving notification of such disapproval under subparagraph

(D), request the Secretaries to review such disapproval.

Within fifteen days after receiving a request for such a

review, the Secretaries shall conduct such review. If,

pursuant to such review, either Secretary approves such

proposed dietary guidance, such guidance may be issued by the

Federal agency.

(3) Limitation on definition of guidance

For purposes of this subsection, the term ''dietary guidance

for the general population'' does not include any rule or

regulation issued by a Federal agency.

(4) ''Identified population subgroups'' defined

For purposes of this subsection, the term ''identified

population subgroups'' shall include, but not be limited to,

groups based on factors such as age, sex, or race.

(c) Existing authority not affected

This section does not place any limitations on -

(1) the conduct or support of any scientific or medical

research by any Federal agency;

(2) the presentation of any scientific or medical findings or

the exchange or review of scientific or medical information by

any Federal agency; or

(3) the authority of the Food and Drug Administration under the

provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

301 et seq.).

-SOURCE-

(Pub. L. 101-445, title III, Sec. 301, Oct. 22, 1990, 104 Stat.

1042.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 sections 1758, 1760.

-CITE-

7 USC Sec. 5342 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

SUBCHAPTER III - DIETARY GUIDANCE

-HEAD-

Sec. 5342. Nutrition training report

-STATUTE-

The Secretary of Health and Human Services, in consultation with

the Secretaries of Agriculture, Education, and Defense, and the

Director of the National Science Foundation, shall submit, within

one year after October 22, 1990, a report describing the

appropriate Federal role in assuring that students enrolled in

United States medical schools and physicians practicing in the

United States have access to adequate training in the field of

nutrition and its relationship to human health.

-SOURCE-

(Pub. L. 101-445, title III, Sec. 302, Oct. 22, 1990, 104 Stat.

1044.)

-CITE-