7 U.S.C. § 5332 — Functions of Council

Page 1750 TITLE 7—AGRICULTURE § 5332 in the work of the Council, members appointed from among private citizens of the United States may be al- lowed 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 Agri- culture shall provide the Council with such administra- tive services, funds, facilities, staff, and other support services as may be necessary for the performance of its functions. SEC. 6. General provision. Notwithstanding the provi- sions 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 Adminis- trator 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. § 5332. Functions of Council 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 ef- fectiveness of the coordinated program; (3) recommend to the Secretaries, on an an- nual basis, means of enhancing the com- prehensive 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. (Pub. L. 101–445, title II, § 202, Oct. 22, 1990, 104 Stat. 1042.) SUBCHAPTER III—DIETARY GUIDANCE § 5341. Establishment of dietary guidelines (a) Report (1) In general At least every five years the Secretaries shall publish a report entitled ‘‘Dietary Guide- lines 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 car- rying 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 re- port thereafter, the Secretaries shall include national nutritional and dietary information and guidelines for pregnant women and chil- dren 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 popu- lation or identified population subgroups shall submit the text of such guidance to the Secre- taries for a sixty-day review period. (2) Basis of review (A) In general During the sixty-day review period estab- lished in paragraph (1), the Secretaries shall review and approve or disapprove such guid- ance 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 Sec- retary 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 guid- ance, 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 proce- dures set forth in this subsection before dis- seminating such proposal to the public in final form. If after such sixty-day period, ei- ther Secretary disapproves such guidance as inconsistent with the ‘‘Dietary Guidelines for Americans’’ the proposing agency shall— (i) publish a notice in the Federal Reg- ister of the availability of the full text of the proposal and the preamble of such pro- posal 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 dur- ing 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 guid- ance along with an explanation of the basis and purpose for the final guidance which ad- dresses significant and substantive com- ments as determined by the proposing agen- cy. (C) Announcement Any such final dietary guidance to be dis- seminated under subparagraph (B) shall be announced in a notice published in the Fed- eral 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