Sec. 12402. Establishment of dietary guidelines
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Section 301(a) of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341(a) ) is amended— in paragraph (1)— by striking At least every five years the and inserting The ; and by inserting jointly after Secretaries shall ; in paragraph (2), by striking be based on the preponderance of the scientific and medical knowledge which is current at the time the report is prepared. and inserting be— based on significant scientific agreement that is determined by evidence-based review; current at the time the report is prepared; derived from questions— generated from the Independent Advisory Board described in paragraph (4); and based on high priority areas of concern to advance scientific outcomes; designed to achieve nutritional adequacy and promote health, as specified by the Food and Nutrition Board of the National Academies of Sciences, Engineering and Medicine, from the consumption of food, including nutrients and bioactive food components occurring naturally and in fortified foods; include nutritional and dietary information relevant to individuals with nutrition-related common chronic diseases, as defined by the Centers for Disease Control and Prevention; and include recommendations that are affordable, available, and accessible for the general population. ; by redesignating paragraph
(3)as paragraph (7); by inserting after paragraph
(2)the following: The Secretaries shall publish the report required under paragraph (1)— as necessary to promote health based on updated Dietary Reference Intake values specified by— the Food and Nutrition Board of the National Academies of Sciences, Engineering, and Medicine; and other relevant scientific advancements based on continuous review of the totality of publicly available scientific evidence; and not less than once every 10 years. When the Secretaries jointly determine it is appropriate to begin the process of updating the Dietary Guidelines, the Secretaries shall notify, in writing, the Committees on— Agriculture of the House of Representatives; Energy and Commerce of the House of Representatives; Agriculture, Nutrition, and Forestry of the Senate; and Health, Education, Labor, and Pensions of the Senate. The notification under subparagraph
(A)shall include a justification for why the Secretaries have determined it is appropriate to begin the process of updating the Dietary Guidelines. Not later than 3 months after sending such notification, the Secretaries shall establish an Independent Advisory Board (hereinafter referred to as the Board ) and jointly appoint 4 members to the Board, no more than 2 of whom may be Federal employees. Not later than 3 months after receiving such notification, the highest-ranking Member on each Committee described in subparagraph
(A)of the opposite political party of the President of the United States shall appoint 1 member to the Board. The Board shall consist of no more than 8 members, and a working quorum shall be 4 members present. No meeting of the Board may take place until after 3 months from the date on which the Secretaries send the notification under subparagraph (A). The members appointed to the Board shall have expertise in nutrition science or food science, including academic and applied experience. Not later than 12 months after the date on which the Secretaries send the notification under subparagraph (A), the Board shall generate and send to the Secretaries and the Committees described in subparagraph
(A)the questions described in paragraph (2)(C)(i). The authority of the Board shall terminate, and the Board shall disband, immediately after satisfying subparagraph (G). The Secretaries shall coordinate with the Joint United States-Canada Dietary Reference Intake Working Group to ensure that the Food and Nutrition Board of the National Academies of Sciences, Engineering, and Medicine update the Dietary Reference Intake values to represent the most up-to-date understanding of nutritional science. The Joint United States-Canada Dietary Reference Intake Working Group should initiate at least one Dietary Reference Intake update per year and identify updates which are of highest priority which necessitate review. The information and guidelines contained in each report required under paragraph
(1)shall not be based on or include topics which are not relevant to dietary guidance, including taxation, social welfare policies, purchases under Federal feeding programs, food and agricultural production practices, food labeling, socioeconomic status, race, ethnicity, culture, or regulations relating to nutrition. ; and by adding at the end the following: For purposes of this section, the term evidence-based review means a process under which— the totality of the scientific evidence relevant to a question of interest is collected, analyzed, and evaluated; scientific studies, conclusions, and recommendations are rated, adhering strictly to standardized, generally accepted evidence-based review methods; and external peer review is conducted by non-government experts with recognized expertise in quality of evidence evaluation. Each guideline contained in a report published pursuant to this subsection shall be assigned a rating by the Secretaries for the strength of evidence used, including to the extent by which the guideline will improve the Healthy Eating Index. Any individual appointed to the Dietary Guidelines Advisory Committee to review the science for the guidelines, or appointed to the Independent Advisory Board under paragraph (4), must provide full disclosure of all financial and nonfinancial conflicts of interest relevant to such review, using the Office of Government Ethics Form 450 (or successor form). Notwithstanding any other provision of law, not later than 30 days after the date on which a Dietary Guidelines Advisory Committee is established, the Secretaries shall make publicly available— the disclosures required under clause (i), categorized by the name of the individual; and a detailed plan for managing any disclosed conflicts of interest, including financial or ethical conflicts of interest, along with preferences, values, and beliefs. Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available to carry out this subsection $5,000,000 for each of fiscal years 2025 through 2029, to remain available until expended. . The 2020 Dietary Guidelines for Americans published by the Secretaries under subsection (a)(1) of section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341(a)(1) ) shall be controlling and considered to be the most recent Dietary Guidelines for Americans until the publication of the first report under such subsection in accordance with the amendments made to such section by this Act.
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Sec. 12402
Establishment of dietary guidelines
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