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7 U.S.C. § 5341 — Structure of Council

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 5341 — Structure of Council

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Source file: Laws/federal/codes/united-states-code/title-7/section-5341-structure-of-council--2aa906d7c6.md
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Source location: Title 7, Chapter 84, § 5341; chapter-084-national-nutrition-monitoring-and-related-research.md

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**(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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim). **(i) Executive Secretary** The Administrator of Nutrition Monitoring and Related Research (if appointed under [section 5311(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5311/d&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5313&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 5313 — Joint nutrition monitoring and related research activities

The Secretary and the Secretary of Health and Human Services shall continue to provide jointly 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 knowledge data on a nationally representative sample; (2) to periodically collect data on special at-risk populations, as identified by the Secretaries; (3) to distribute information on health, nutrition, the environment, and physical activity to the public in a timely fashion; (4) to analyze new data that becomes available; (5) to continuously update food composition tables; and (6) to research and develop data collection methods and standards.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator of General Services. (2) **Advisory committee.—** (A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is— (i) established by statute or reorganization plan; (ii) established or utilized by the President; or (iii) established or utilized by one or more agencies. (B) *Exclusions.—* — The term “advisory committee” excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and (ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration. (3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). (4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.

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5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 5301 — Establishment of dietary guidelines

**(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. (3) **Pregnant women and young children** — Not later than the 2020 report and in each report thereafter, the Secretaries shall include national nutritional and dietary information and guidelines for pregnant women and children from birth until the age of 2. **(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1755b — Pulse crop products

**(a) Purpose** The purpose of this section is to encourage greater awareness and interest in the number and variety of pulse crop products available to schoolchildren, as recommended by the most recent Dietary Guidelines for Americans published under [section 5341 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5341&num=0&edition=prelim). **(b) Definitions** In this section: (1) **Eligible pulse crop** — The term “eligible pulse crop” means dry beans, dry peas, lentils, and chickpeas. (2) **Pulse crop product** — The term “pulse crop product” means a food product derived in whole or in part from an eligible pulse crop. **(c) Purchase of pulse crops and pulse crop products** In addition to the commodities delivered under section 6 of the Richard B. Russell National School Lunch Act ([42 U.S.C. 1755](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1755&num=0&edition=prelim)), subject to the availability of appropriations, the Secretary shall purchase eligible pulse crops and pulse crop products for use in— (1) the school lunch program established under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.); and (2) the school breakfast program established by [section 1773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim). **(d) Evaluation** Not later than September 30, 2016, the Secretary shall conduct an evaluation of the activities conducted under subsection (c), including— (1) an evaluation of whether children participating in the school lunch and breakfast programs described in subsection (c) increased ov

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1755b

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42 U.S.C. § 1758 — Program requirements

**(a) Nutritional requirements** (1) (A) Lunches served by schools participating in the school lunch program under this chapter shall meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research, except that the minimum nutritional requirements— (i) shall not be construed to prohibit the substitution of foods to accommodate the medical or other special dietary needs of individual students; and (ii) shall, at a minimum, be based on the weekly average of the nutrient content of school lunches. (B) The Secretary shall provide technical assistance and training, including technical assistance and training in the preparation of lower-fat versions of foods commonly used in the school lunch program under this chapter, to schools participating in the school lunch program to assist the schools in complying with the nutritional requirements prescribed by the Secretary pursuant to subparagraph (A) and in providing appropriate meals to children with medically certified special dietary needs. The Secretary shall provide additional technical assistance to schools that are having difficulty maintaining compliance with the requirements. (2) **Fluid milk.—** (A) *In general.—* — Lunches served by schools participating in the school lunch program under this chapter— (i) shall offer students a variety of fluid milk; (ii) may offer students options which may include flavored and unflavored organic or nonorganic whole, reduced-fat, low-fat, and fat-free fluid milk and lactose-free fluid milk, and nondairy beverages that are nutritionally equivalent to fluid milk and meet the nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortifi

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42 U.S.C. § 1760 — Miscellaneous provisions

**(a) Accounts and records** States, State educational agencies, and schools participating in the school lunch program under this chapter shall keep such accounts and records as may be necessary to enable the Secretary to determine whether the provisions of this chapter are being complied with. Such accounts and records shall be available at any reasonable time for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of five years, as the Secretary determines is necessary. **(b) Agreements** (1) **In general** — The Secretary shall incorporate, in the agreement of the Secretary with the State agencies and Indian Tribal organizations administering programs authorized under this chapter or the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.), the express requirements with respect to the operation of the programs to the extent applicable and such other provisions as in the opinion of the Secretary are reasonably necessary or appropriate to effectuate the purposes of this chapter and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.). (2) **Expectations for use of funds** — Agreements described in paragraph (1) shall include a provision that— (A) supports full use of Federal funds provided to State agencies and Indian Tribal organizations for the administration of programs authorized under this chapter or the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.); and (B) excludes th

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42 U.S.C. § 1766 — Child and adult care food program

**(a) Program purpose, grant authority and institution eligibility** (1) **In general** (A) *Program purpose* (i) *Findings* — Congress finds that— (I) eating habits and other wellness-related behavior habits are established early in life; and (II) good nutrition and wellness are important contributors to the overall health of young children and essential to cognitive development. (ii) *Purpose* — The purpose of the program authorized by this section is to provide aid to child and adult care institutions and family or group day care homes for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children, and the health and wellness of older adults and chronically impaired disabled persons. (B) *Grant authority* — The Secretary may carry out a program to assist States through grants-in-aid and other means to initiate and maintain nonprofit food service programs for children in institutions providing child care. (2) **Definition of institution** — In this section, the term “institution” means— (A) any public or private nonprofit organization providing nonresidential child care or day care outside school hours for school children, including any child care center, settlement house, recreational center, Head Start center, and institution providing child care facilities for children with disabilities; (B) any other private organization providing nonresidential child care or day care outside school hours for school children, if— (i) at least 25 percent of the children served by the organization meet the income eligibility criteria established under [section 1758(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/b&num=0&edition=preli

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42 U.S.C. § 1769a — Fresh fruit and vegetable program

**(a) In general** For the school year beginning July 2008 and each subsequent school year, the Secretary shall provide grants to States to carry out a program to make free fresh fruits and vegetables available in elementary schools (referred to in this section as the “program”). **(b) Program** A school participating in the program shall make free fresh fruits and vegetables available to students throughout the school day (or at such other times as are considered appropriate by the Secretary) in 1 or more areas designated by the school. **(c) Funding to States** (1) **Minimum grant** — Except as provided in subsection (i)(2), the Secretary shall provide to each of the 50 States and the District of Columbia an annual grant in an amount equal to 1 percent of the funds made available for a year to carry out the program. (2) **Additional funding** — Of the funds remaining after grants are made under paragraph (1), the Secretary shall allocate additional funds to each State that is operating a school lunch program under [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) based on the proportion that— (A) the population of the State; bears to (B) the population of the United States. **(d) Selection of schools** (1) **In general** — Except as provided in paragraph (2) of this subsection and section 4304(a)(2) of the Food, Conservation, and Energy Act of 2008, each year, in selecting schools to participate in the program, each State shall— (A) ensure that each school chosen to participate in the program is a school— (i) in which not less than 50 percent of the students are eligible for free or reduced price meals under this chapter; and (ii) that submits an application in a

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42 U.S.C. § 1779 — Regulations

**(a) In general** The Secretary shall prescribe such regulations as the Secretary may deem necessary to carry out this chapter and the Richard B. Russell National School Lunch Act [[42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.], including regulations relating to the service of food in participating schools and service institutions in competition with the programs authorized under this chapter and the Richard B. Russell National School Lunch Act. **(b) National school nutrition standards** (1) **Proposed regulations** (A) *In general* — The Secretary shall— (i) establish science-based nutrition standards for foods sold in schools other than foods provided under this chapter and the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.); and (ii) not later than 1 year after December 13, 2010, promulgate proposed regulations to carry out clause (i). (B) *Application* — The nutrition standards shall apply to all foods sold— (i) outside the school meal programs; (ii) on the school campus; and (iii) at any time during the school day. (C) *Requirements* — In establishing nutrition standards under this paragraph, the Secretary shall— (i) establish standards that are consistent with the most recent Dietary Guidelines for Americans published under [section 5341 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5341&num=0&edition=prelim), including the food groups to encourage and nutrients of concern identified in the Dietary Guidelines; and (ii) consider— (I) authoritative scientific recomme

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