7 U.S.C. § 5331 — Structure of Council

Page 1748 TITLE 7—AGRICULTURE § 5316 search and development as may be necessary or appropriate in support of the coordinated pro- gram and the comprehensive plan and in fur- therance of the purposes and objectives of this chapter. (Pub. L. 101–445, title I, § 105, Oct. 22, 1990, 104 Stat. 1040.) § 5316. Annual budget submission (a) Annual report The President, at the same time as the sub- mission of the annual budget to the Congress, shall submit a report to the Committees on Ag- riculture and Science, Space, and Technology of the House of Representatives and to the Com- mittees on Agriculture, Nutrition, and Forestry and Governmental Affairs of the Senate on ex- penditures required for carrying out the coordi- nated program and implementing the com- prehensive plan. The report shall detail, for each of the agencies that are allocated responsibil- ities 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 ei- ther— (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 partici- pating agencies to request and receive funds for such purposes (for use in the coordinated program) under other laws. (Pub. L. 101–445, title I, § 106, Oct. 22, 1990, 104 Stat. 1040.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. 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, § 1402] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance. SUBCHAPTER II—NATIONAL NUTRITION MONITORING ADVISORY COUNCIL § 5331. Structure of Council (a) In general (1) Establishment The President shall establish, within ninety days after October 22, 1990, a National Nutri- tion Monitoring Advisory Council. The Coun- cil shall assist in carrying out the purposes of this chapter, provide scientific and technical advice on the development and implementa- tion of the coordinated program and com- prehensive plan, and serve in an advisory ca- pacity 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 minor- ity leader of the House of Representatives; (iii) one shall be appointed by the Presi- dent pro tempore of the Senate; and (iv) one shall be appointed by the minor- ity leader of the Senate. (3) Ex officio members The Council also shall include the joint chairpersons of the Board as ex officio non- voting 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 emi- nent in one of the following fields: (1) public health, including clinical dietetics, public health nutrition, epidemiology, clinical medicine, health education, or nutrition edu- cation; (2) nutrition monitoring research, including nutrition monitoring and surveillance, food consumption patterns, nutritional anthro- pology, community nutrition research, nutri- tional biochemistry, food composition anal- ysis, survey statistics, dietary-intake method- ology, or nutrition status methodology; or (3) food production and distribution, includ- ing agriculture, biotechnology, food tech- nology, food engineering, economics, con- sumer 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 sub- section (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 elect- ed from and by the Council membership. The term of office of the Chairperson shall not ex- ceed 5 years. If a vacancy occurs in the Chairpersonship, the Council shall elect a mem- ber to fill such vacancy. (e) Term of office The term of office of each of the voting mem- bers of the Council shall be 5 years, except that Page 1749 TITLE 7—AGRICULTURE § 5331 of the 5 members first appointed by the Presi- dent, 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 re- quest of one-third of the members. A majority of the appointed members of the Council shall con- stitute 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 sec- tion 5703 of title 5. (i) Executive Secretary The Administrator of Nutrition Monitoring and Related Research (if appointed under sec- tion 5311(d) of this title) shall serve as the Exec- utive Secretary of the Council. (j) Termination The Council shall terminate 10 years after the final comprehensive plan is prepared under sec- tion 5313 of this title. (Pub. L. 101–445, title II, § 201, Oct. 22, 1990, 104 Stat. 1041.) Executive Documents 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, includ- ing the National Nutrition Monitoring and Related Re- search 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 ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], it is hereby ordered as fol- lows: SECTION 1. Establishment. There is established the Na- tional Nutrition Monitoring Advisory Council (‘‘Coun- cil’’). The Council shall assist in carrying out the pur- poses of the Act, provide scientific and technical advice on the development and implementation of the coordi- nated program and comprehensive plan required by sec- tion 103 of the Act [7 U.S.C. 5313], and serve in an advi- sory capacity to the Secretary of Agriculture and the Secretary of Health and Human Services (‘‘Secre- taries’’) with respect to their responsibilities and func- tions 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 rec- ommendation 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 Represent- atives, 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 Re- lated Research as ex officio nonvoting members. (B) Selection Criteria. Each person appointed to the Council shall be selected solely on the basis of an es- tablished 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 pat- terns, nutritional anthropology, community nutrition research, nutritional biochemistry, food composition analysis, survey statistics, dietary-intake method- ology, or nutrition status methodology; or (3) food production and distribution, including agri- culture, biotechnology, food engineering, economics, consumer psychology or sociology, food-system man- agement, or food assistance. (C) Particular Representation Requirements. The Coun- cil membership, at all times, shall include at least two representatives from each of the three areas of speciali- zation listed in subsection (B), and shall have rep- resentatives 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 gov- ernment employee with a specialized interest in nutri- tion 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 oc- curs 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 Presi- dent, 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 ap- pointed shall be appointed for the remainder of the term. No voting member shall be eligible to serve con- tinuously for more than two consecutive terms. (F) Executive Secretary. The Administrator of Nutri- tion 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 de- velopment 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 co- ordinated program; (c) recommend to the Secretaries, on an annual basis, means of enhancing the comprehensive plan and the co- ordinated programs; and (d) submit to the Secretaries annual reports that shall: (1) contain the components specified in para- graphs (b) and (c); and (2) be included in full in the bi- ennial 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 de- partments, agencies, and independent instrumental- ities 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 com- pensation for their work on the Council. While engaged 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