National Nutrition Monitoring and Related Research Act of 1990

104 STAT. 1034 PUBLIC LAW 101-445—OCT. 22, 1990
Public Law 101-445
101st Congress
An Act
Oct. 22, 1990
[H.R. 1608]
National
Nutrition
Monitoring and
Related
Research Act of
1990.
Inter­
governmental
relations.
Business and
industry.
Health
professions.
Science and
technology.
7 use 5301 note.
7 use 5301. To strengthen national nutrition monitoring by requiring the Secretary of Agricul­
ture and the Secretary of Health and Human Services to prepare and implement a
ten-year plan to assess the dietary and nutritional status of the United States
population, to support research on, and development of, nutrition monitoring, to
foster national nutrition education, to establish dietary guidelines, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "National Nutrition Monitoring and
Related Research Act of 1990".
SEC. 2. PURPOSES.
The purposes of this Act 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 (includ­
ing, 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 implica­
tions;
(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 mon­
itoring 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 PUBLIC LAW 101-445—OCT. 22, 1990 104 STAT. 1035
(7) provide for the conduct of such scientific research and
development as may be necessary or appropriate in support of
such purposes.
SEC. 3 DEFINITIONS. 7 USC 5302.
As used in this Act—
(1) the term "comprehensive plan" means the comprehensive
plan prepared under section 103;
(2) the term "coordinated program" means the National
Nutrition Monitoring and Related Research Program estab­
lished by section 101(a);
(3) the terms "Interagency Board for Nutrition Monitoring
and Related Research" and "Board" mean the Federal coordi­
nating body established by section 101(c);
(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 1428 of the Food and Agriculture Act of 1977 (7
U.S.C. 3178);
(5) the term "locsil government" means a local general unit of
government or local educational unit;
(6) the terms "National Nutrition Monitoring Advisory Coun­
cil" and "Council" mean the advisory body established under
section 201;
(7) the term "nutrition monitoring and related research"
means the set of activities necessary to provide timely informa­
tion 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 mesisurements;
(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 individugd 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, phj^te, and such substances that are natu­
rally 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.
TITLE I—NUTRITION MONITORING AND
RELATED RESEARCH
SEC. 101. ESTABLISHMENT OF THE COORDINATED PROGRAM. 7 USC 5311.
(a) IN GENERAL.—There is established a ten-year coordinated
program, to be known as the National Nutrition Monitoring gind
Related Research Program, to carry out the purposes of this Act. 104 STAT. 1036 PUBLIC LAW 101-445—OCT. 22, 1990
7 use 5312.
Grant
programs-
research.
Grant
programs-
nutrition. (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 Depart­
ment 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 les^
often than once every three months for the two-year period follow­
ing the date of the enactment of this Act, 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.
SEC. 102. FUNCTIONS OF THE SECRETARIES.
(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 respon­
sible agencies with respect to the coordinated program;
(2) update the Joint Implementation Plan for a Comprehen­
sive National Nutrition Monitoring System, and integrate it
into the coordinated program;
(3) ensure the timely implementation of the coordinated pro­
gram and the comprehensive plan prepared under section 103;
(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 Act to encourage and assist the conduct, by Federal enti­
ties, and by non-Federal entities on an appropriate matching
funds basis, of research (including research described in section
103(a)(3)) 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
Act, to encourage and assist State and local governments in
developing the capacity to conduct monitoring and surveillance
of nutritional status, food consumption, and nutrition knowl­
edge and in using such capacity to enhance nutrition services
(including activities described in section 103(a)(5) and 103(b)(9)); PUBLIC LAW 101-445—OCT. 22, 1990 104 STAT. 1037
(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 government" the private sector, scientific commu­
nities, 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 ansdyses,
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 nutri­
tive 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 analy­
ses, 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
(9XA) 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 co­
ordinated program in providing the publications involved),
(b) BIENNIAL REPORT.—The Secretaries shall submit to the Presi­
dent for transmittal to Congress by January 15 of each alternate
year, beginning with January 15 following the date of the enactment
of this Act, a biennial report that shall—
(1) evaluate the progress of the coordinated program;
(2) summarize the results of such coordinated program compo­
nents as are developed under section 103;
(3) describe and evaluate any policy implications of the
analjrtical findings in the scientific reports required under
subsection (a)(8), and future priorities for nutrition monitoring
and related research;
(4) include in full the annual reports of the Council provided
for in section 202; and
(5) include an executive summary of the report most recently
published by the scientific body, as provided for in subsection
(a)(8).
SEC. 103. DEVELOPMENT OF THE COMPREHENSIVE PLAN FOR THE NA­
TIONAL NUTRITION MONITORING AND RELATED RESEARCH
PROGRAM.
(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 lactat-Government
contracts.
Reports.
7 use 5313.
Reports.
Infants and
children.
Aged.
Disadvantaged
persons.
Minorities.
Women. 104 STAT. 1038 PUBLIC LAW 101-445—OCT. 22, 1990
ing women, elderly individuals, low-income populations, blacks,
Hispanics, and other groups, at the discretion of the Secretar­
ies), 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 home­
less), 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 pro­
grams, 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 proce­
dures for conducting and reporting nutrition monitoring and
surveillance;
(4) develop and keep updated a national dietary and nutri­
tional 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 surveil­
lance; and
(6) focus the nutrition monitoring activities of Federal
agencies.
0?) COMPONENTS OF PLAN.—The comprehensive plan, at a mini­
mum, shall include components to—
(1) maintain and coordinate the National Health and Nutri­
tion Examination Survey (NHANES) and the Nationwide Food
Consumption Survey (NFCS);
(2) provide, by 1991, for the continuous collection, processing,
£uid 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 Einnual 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 appro­
priate) 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 assess­
ment 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 nutri­
tion intervention programs;
(8) establish national baseline data and procedures for nutri­
tion monitoring; PUBLIC LAW 101-445—OCT. 22, 1990 104 STAT. 1039
(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 compo­
nent 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 develop­
ment of a national nutritional status network;
(11) compile an inventory of Federal, State, and nongovern­
ment activities related to nutrition monitoring and related
research;
(12) focus on national nutrition monitoring needs while build­
ing on the responsibilities and expertise of the individual mem­
bership 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
hesilth 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 appropria­
tions for nutrition monitoring and related research during the
ten-year period of the program.
(d) PUBLICATION OF PLAN.—(1) PROPOSED PLAN.—Within 12 Federal
months after the date of enactment of this Act, the Secretaries shall ^®|E|?*®f •'
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 submis­
sion 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— 104 STAT. 1040 PUBLIC LAW 101-445—OCT. 22, 1990
(1) the department or agency to which funds are appropriated;
or
(2) the obhgations of such department or agency with respect
to the use of such funds.
7 use 5314. SEC. 104. IMPLEMENTATION OF THE COMPREHENSIVE PLAN.
(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 submit­
ted in its final form under section 103(d)(2) and shall be—
(1) carried out in accordance with, and meet the program
objectives specified in, section 103(a) and section 103(b);
(2) carried out, by the Federal agencies involved, in accord­
ance with the allocation of functions and activities under sec­
tion 103(c); and
(3) funded by appropriations made to such agencies for each
fiscal year of the program.
(b) EXISTING LAW NOT AFFECTED.—Nothing in this title 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.
7 use 5315. SEC. 105. SCIENTIFIC RESEARCH AND DEVELOPMENT IN SUPPORT OF
THE COORDINATED PROGRAM AND COMPREHENSIVE PLAN.
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 Tech­
nology, 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 Act.
7 use 5316. SEC. 106. ANNUAL BUDGET SUBMISSION.
(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 Affaire
of the Senate on expenditures required for carrjdng out the coordi­
nated 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 £miounts requested in the annual budget for the fiscal
year for which the budget is being submitted.
(b) EXISTING AUTHORITY NOT AFFECTED.—Nothing in this title 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 PUBLIC LAW 101-445—OCT. 22, 1990 104 STAT. 1041
(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.
TITLE II—NATIONAL NUTRITION
MONITORING ADVISORY COUNCIL
SEC. 201. STRUCTURE OF THE COUNCIL. 7 USC 5331.
(a) IN GENERAL.—(1) ESTABLISHMENT.—The President shall estab- President,
lish, within ninety days after the date of the enactment of this Act, a
National Nutrition Monitoring Advisory Council. The Council shall
assist in carrying out the purposes of this Act, 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 mem­
bers, 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 mon­
itoring and surveillance, food consumption patterns, nutritional
anthropology, community nutrition research, nutritional bio­
chemistry, 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),
and shall have representatives from various geographic areas, the
private sector, academia, scientific and professional societies, agri­
culture, minority organizations, and public interest organizations
and shall include a State or loctd government employee with a
specialized interest in nutrition monitoring. 104 STAT. 1042 PUBLIC LAW 101-445—OCT. 22, 1990
(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) T^RM 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 the
date of the enactment of this Act.
(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, United States Code.
(i) EXECUTIVE SECRETARY.—The Administrator of Nutrition Mon­
itoring and Related Research (if appointed under section 101(d))
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 103.
7 use 5332. SEC. 202. FUNCTIONS OF THE COUNCIL.
The Council shall—
(1) provide scientific and technical advice on the development
and implementation of all components of the coordinated pro­
gram and the comprehensive plan;
(2) evaluate the scientific and technical quality of the com­
prehensive plan and the effectiveness of the coordinated pro­
gram;
(3) recommend to the Secretaries, on an annual basis, means
of enhancing the comprehensive plan and the coordinated pro­
gram; and
Reports. (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 1020t)).
TITLE III—DIETARY GUIDANCE
7 use 5341. SEC. 301. ESTABLISHMENT OF DIETARY GUIDELINES.
(a) REPORT.—(1) IN GENERAL.—At least every five years the Sec­
retaries shall publish a report entitled "Dietary Guidelines for
Americans". Each such report shall contain nutritional and dietary PUBLIC LAW 101-445—OCT. 22, 1990 104 STAT. 1043
information and guidelines for the general public, and shall be
promoted by each Federal agency in carr3dng out any Federal food,
nutrition, or health program.
(2) BASIS OF GUIDEUNES.—The information and guidelines con­
tained 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 popu­
lation or identified population subgroups shall submit the text of
such guideuice 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 sci­
entific knowledge which is determined to be valid by the Secretaries.
If after such sixty-day period neither Secretary notifies the propos­
ing agency that such guidance has been disapproved, then such
guidance may be issued by the agency. If both Secretaries dis­
approve 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 (AXii), both Secretar­
ies disapprove a proposed dietary guidance, the Secretaries shall
notify the Federal agency submitting such guidance of such dis­
approval, 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 Fed­
eral agency proposing such guidance may, within fifteen days after
receiving notification of such disapproval under subparagraph (D), Federal
Register,
publication.
Federal
Register,
publication. 104 STAT. 1044 PUBLIC LAW 101-445—OCT. 22, 1990
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 Sec­
retary 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) DEFINITION OF IDENTIFIED POPULATION SUBGROUPS.—For pur­
poses of this subsection, the term "identified population subgroups"
shall include, but not be limited to, groups based on factors such EIS
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. 321 et seq.).
7 use 5342. SEC. 302. 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 the date of enactment of this Act, 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.
Approved October 22, 1990.
LEGISLATIVE HISTORY—H.R. 1608:
HOUSE REPORTS: No. 101-788 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 136 (1990):
Oct. 2, considered and passed House.
Oct. 5, considered and passed Senate.