APPENDIX 2_Legal Authority - National Nutrition Monitoring & Related Research Act of 1990

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TITLE 7—AGRICULTURE

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.

§ 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 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.
(Pub. L. 101–445, title II, § 202, Oct. 22, 1990, 104
Stat. 1042.)

§ 5341

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 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 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

§ 5342

TITLE 7—AGRICULTURE

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.].
(Pub. L. 101–445, title III, § 301, Oct. 22, 1990, 104
Stat. 1042; Pub. L. 113–79, title IV, § 4204, Feb. 7,
2014, 128 Stat. 822.)

Page 1626
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 (§ 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.
AMENDMENTS
2014—Subsec. (a)(3). Pub. L. 113–79 added par. (3).

§ 5342. Nutrition training report
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.
(Pub. L. 101–445, title III, § 302, Oct. 22, 1990, 104
Stat. 1044.)
CHAPTER 85—ADMINISTRATION OF
ENVIRONMENTAL PROGRAMS
Sec.

5401.
5402.
5403.
5404.
5405.

Establishment of Agricultural Council on Environmental Quality.
Office of Agricultural Environmental Quality.
Environmental Quality Policy Statement.
Good Neighbor Environmental Board.
Agricultural air quality research oversight.

§ 5401. Establishment of Agricultural Council on
Environmental Quality
(a) Establishment
The Secretary shall establish an Agricultural
Council on Environmental Quality in the Department of Agriculture (hereafter in this chapter referred to as the ‘‘Council’’). The Council
shall be under the direct authority of the Secretary, and shall be responsible for carrying out
the provisions of this chapter, and for coordination and direction of all environmental policies
and programs of the Department.
(b) Membership
Membership of the Council shall consist of the
Secretary, the Deputy Secretary, the Assistant
Secretary for Natural Resources and Environment, the Assistant Secretary for Science and
Education, other under and assistant secretaries
as may be designated by the Secretary, and the
Director of the Office of Agricultural Environmental Quality, established in section 5402 of
this title, who shall serve as the Executive Director of the Council. The Secretary shall designate a member of the Council, other than the
Executive Director, as chair of the Council.
(Pub. L. 101–624, title XIV, § 1471, Nov. 28, 1990,
104 Stat. 3619.)
§ 5402. Office
Quality

of

Agricultural

Environmental

(a) Establishment
The Secretary shall establish an Office of Agricultural Environmental Quality in the Depart-