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

(a) In general (1) Establishment The President must establish, within ninety days after October 22, 1990 , a National Nutrition Monitoring Advisory Council^*. The Council^* must 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 must consist of nine voting members, of whom— (A) five members must be appointed by the President based upon recommendations from the Secretaries; and (B) four members must be appointed by Congress, of whom— (i) one must be appointed by the Speaker of the House of Representatives; (ii) one must be appointed by the minority leader of the House of Representatives; (iii) one must be appointed by the President pro tempore of the Senate; and (iv) one must be appointed by the minority leader of the Senate. (3) Ex officio members The Council also must include the joint chairpersons of the Board^* as ex officio nonvoting members. (b) Selection criteria Each person appointed to the Council must be selected solely on the basis of an established record of distinguished service and must 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, must include at least two representatives from each of the three areas of specialization listed in subsection (b), and must have representatives from various geographic areas, the private sector, academia, scientific and professional societies, agriculture, minority organizations, and public interest organizations and must include a State or local government^* employee with a specialized interest in nutrition monitoring. (d) Chairperson The Chairperson of the Council must be elected from and by the Council membership. The term of office of the Chairperson may not exceed 5 years. If a vacancy occurs in the Chairpersonship, the Council must elect a member to fill such vacancy. (e) Term of office The term of office of each of the voting members of the Council must be 5 years, except that of the 5 members first appointed by the President, 2 must 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 before the expiration of the term for which the predecessor of such member was appointed must be appointed for the remainder of such term. No voting member must be eligible to serve continuously for more than 2 consecutive terms. (f) Initial appointment The initial members of the Council must be appointed or designated by ninety days after October 22, 1990 . (g) Meetings The Council must 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 must constitute a quorum. (h) Limitation on Federal employment Appointed members of the Council may not be employed by the Federal Government and must 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 ) must serve as the Executive Secretary of the Council. (j) Termination The Council must end 10 years after the final comprehensive plan is prepared under section 5313 of this title .