Sec. 4308. 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 and inserting Beginning with the 2030 report and at least every 10 years thereafter, ; and by adding at the end the following: Rulemaking requirements under section 553 of title 5, United States Code, shall apply to the development of each report under this paragraph. ; in paragraph (2), by striking shall be based on the preponderance of the scientific and medical knowledge which is current at the time the report is prepared. and inserting shall— be based on significant scientific agreement that is determined by evidence-based review (as defined in paragraph (8)(A)); be current at the time the report is prepared; be derived from questions generated under paragraph (5)(E); address high-priority areas of concern to advance health outcomes; be 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 may publish the report required under paragraph
(1)more frequently than required under that paragraph if the Secretaries determine that more frequent publication is necessary to promote health, based on the 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 monitoring of the totality of publicly available scientific evidence. Not later than 90 days before the Secretaries plan to update a report under paragraph (1), the Secretaries shall submit notification of that plan, in writing, to the Committees on Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions of the Senate and the Committees on Agriculture and Energy and Commerce of the House of Representatives. The notification under subparagraph
(A)shall include a justification for updating the report. Not later than 90 days after the Secretaries submit a notification under paragraph (4)(A), the Secretaries shall establish an Independent Advisory Board (referred to in this paragraph as the Board ). The Board shall be comprised of at least 4 members and not more than 8 members, of which— 4 shall be appointed by the Secretaries, 2 of whom shall not be Federal employees; and 1 may be appointed by each of the highest ranking Member of Congress on each Committee described in paragraph (4)(A) of the opposite political party of the President of the United States at the time of the appointment. Each member appointed to the Board shall have expertise in nutrition science or food science, including academic and applied experience. The first meeting of the Board— may only take place on or after the date that 4 members are appointed to the Board under subparagraph (B); and shall take place on or after the date that is 90 days after the Secretaries submit a notification under paragraph (4)(A). A majority of the members shall constitute a quorum for the transaction of the business of the Board. Not later than 1 year after the establishment of the Board, the Board shall submit to the Secretaries and the Committees described in paragraph (4)(A) a list of scientific questions relating to the report for purposes of paragraph (2)(C). The authority of the Board shall terminate, and the Board shall disband, immediately after carrying out subparagraph (E). The information and guidelines contained in each report required under paragraph
(1)shall not be based on or include topics that are not relevant to dietary guidance, as determined by the Secretaries, in consultation with the Independent Advisory Board established under paragraph (5), including taxation, social welfare policies, purchases under Federal feeding programs, food and agricultural production practices, food labeling, socioeconomic status, race, religion, ethnicity, culture, or regulations relating to nutrition. ; and by adding at the end the following: In this paragraph, 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 nongovernment experts with recognized expertise in quality of evidence evaluation. Each guideline contained in a report published under paragraph
(1)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 or an Independent Advisory Board established under paragraph
(5)shall— be appointed as a special government employee; comply with financial disclosure requirements applicable to such a special government employee under subpart I of part 2634 of title 5, Code of Federal Regulations (or successor regulations), including the requirement to file the Office of Government Ethics Form 450 (or successor Form); and prior to such an appointment, provide a report to the Secretaries regarding, for the 10-year period preceding such report, any research funding or professional affiliation relating to a report under paragraph (1). Notwithstanding any other provision of law, not later than 30 days after the date on which a Dietary Guidelines Advisory Committee or an Independent Advisory Board is established, the Secretaries shall make publicly available— a summary of the financial disclosures reported by members of such Committee or Board; the research funding and professional affiliations reported by such members under subparagraph (A)(iii), 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, preferences, values, and beliefs. . The 2025 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. 4308
Dietary guidelines
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