§ 5331. — Structure of Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC5331]
TITLE 7--AGRICULTURE
CHAPTER 84--NATIONAL NUTRITION MONITORING AND RELATED RESEARCH
SUBCHAPTER II--NATIONAL NUTRITION MONITORING ADVISORY COUNCIL
Sec. 5331. Structure of Council
(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.
(Pub. L. 101-445, title II, Sec. 201, Oct. 22, 1990, 104 Stat. 1041.)
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.
Section Referred to in Other Sections
This section is referred to in section 5302 of this title.
