-CITE-
    7 USC CHAPTER 84 - NATIONAL NUTRITION MONITORING AND
           RELATED RESEARCH                                01/03/2007

-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.                 
    5312.       Functions of Secretaries.                             
    5313.       Development of comprehensive plan for National
                 Nutrition Monitoring and Related Research Program.   
    5314.       Implementation of comprehensive plan.                 
    5315.       Scientific research and development in support of
                 coordinated program and comprehensive plan.          
    5316.       Annual budget submission.                             

      SUBCHAPTER II - NATIONAL NUTRITION MONITORING ADVISORY COUNCIL  
    5331.       Structure of Council.                                 
    5332.       Functions of Council.                                 

                     SUBCHAPTER III - DIETARY GUIDANCE                 
    5341.       Establishment of dietary guidelines.                  
    5342.       Nutrition training report.                            

-End-

-CITE-
    7 USC Sec. 5301                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH

-HEAD-
    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'."

-End-

-CITE-
    7 USC Sec. 5302                                             01/03/2007

-EXPCITE-
    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.)

-End-

-CITE-
    7 USC SUBCHAPTER I - NUTRITION MONITORING AND RELATED
           RESEARCH                                        01/03/2007

-EXPCITE-
    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     

-End-

-CITE-
    7 USC Sec. 5311                                             01/03/2007

-EXPCITE-
    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.)

-End-

-CITE-
    7 USC Sec. 5312                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    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.

-End-

-CITE-
    7 USC Sec. 5313                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    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.)

-End-

-CITE-
    7 USC Sec. 5314                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    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.)

-End-

-CITE-
    7 USC Sec. 5315                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    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.)

-End-

-CITE-
    7 USC Sec. 5316                                             01/03/2007

-EXPCITE-
    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 Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      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.

-MISC1-
                   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.

-End-

-CITE-
    7 USC SUBCHAPTER II - NATIONAL NUTRITION MONITORING
           ADVISORY COUNCIL                                01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH
    SUBCHAPTER II - NATIONAL NUTRITION MONITORING ADVISORY COUNCIL

-HEAD-
      SUBCHAPTER II - NATIONAL NUTRITION MONITORING ADVISORY COUNCIL  

-End-

-CITE-
    7 USC Sec. 5331                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH
    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.

-End-

-CITE-
    7 USC Sec. 5332                                             01/03/2007

-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.)

-End-

-CITE-
    7 USC SUBCHAPTER III - DIETARY GUIDANCE                     01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 84 - NATIONAL NUTRITION MONITORING AND RELATED RESEARCH
    SUBCHAPTER III - DIETARY GUIDANCE

-HEAD-
                     SUBCHAPTER III - DIETARY GUIDANCE                 

-End-

-CITE-
    7 USC Sec. 5341                                             01/03/2007

-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.

-End-

-CITE-
    7 USC Sec. 5342                                             01/03/2007

-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.)

-End-