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S. 5526IntroducedSenate · nowHousePresidentLawIn committee
Sec. 4305 · S. 5526

Dietary guidelines

Title IV — Nutrition › Subtitle C — Miscellaneous

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(a) In general Section 301(a) of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341(a)) is amended— (1) in paragraph (1)— (A) in the first sentence, by striking At least every five years and inserting Beginning with the 2030 report and at least every 10 years thereafter,; and (B) 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.; (2) in paragraph (2), by striking shall and all that follows through the period at the end and inserting the following: shall— (A) be based on significant scientific agreement that is determined by evidence-based review (as defined in paragraph (8)(A)); (B) be current at the time that the report is prepared; (C) be derived from questions generated under paragraph (5)(E); (D) address high-priority areas of concern to advance health outcomes; (E) 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; (F) 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 (G) include recommendations that are affordable, available, and accessible for the general population.; (3) by redesignating paragraph (3) as paragraph (7); (4) by inserting after paragraph (2) the following: (3) Frequency 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— (A) the Food and Nutrition Board of the National Academies of Sciences, Engineering, and Medicine; and (B) other relevant scientific advancements based on continuous monitoring of the totality of publicly available scientific evidence. (4) Notification of update (A) In general 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. (B) Justification The notification under subparagraph (A) shall include a justification for updating the report. (5) Independent advisory board (A) In general 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). (B) Members The Board shall comprise at least 4 but not more than 8 members, of which— (i) 4 shall be appointed by the Secretaries, 2 of whom shall not be Federal employees; and (ii) 1 may be appointed by each of the highest-ranking Members 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. (C) Expertise Each member appointed to the Board shall have expertise in nutrition science or food science, including academic and applied experience. (D) Meetings (i) In general The first meeting of the Board— (I) may only take place on or after the date on which there are 4 members appointed to the Board under subparagraph (B); and (II) shall take place on or after the date that is 90 days after the Secretaries submit a notification under paragraph (4)(A). (ii) Quorum A majority of the members shall constitute a quorum for the transaction of the business of the Board. (E) Duties 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 for purposes of being used in the development of a report under paragraph (1), as described in paragraph (2)(C). (F) Termination The authority of the Board shall terminate, and the Board shall disband, immediately after carrying out subparagraph (E). (6) Exclusion 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 (5) by adding at the end the following: (8) Evidence-based review (A) Definition of evidence-based review In this paragraph, the term evidence-based review means a process under which— (i) the totality of the scientific evidence relevant to a question of interest is collected, analyzed, and evaluated; (ii) scientific studies, conclusions, and recommendations are rated, adhering strictly to standardized, generally accepted evidence-based review methods; and (iii) external peer review is conducted by nongovernment experts with recognized expertise in quality-of-evidence evaluation. (B) Strength of evidence 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 the extent to which the guideline will improve the Healthy Eating Index. (9) Transparency (A) Disclosure Any individual appointed to the Dietary Guidelines Advisory Committee or an Independent Advisory Board established under paragraph (5) shall— (i) be appointed as a special government employee; (ii) comply with the financial disclosure requirements applicable to 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 (iii) prior to the appointment, submit to the Secretaries a report regarding, for the 10-year period preceding the report, any research funding or professional affiliation relating to a report under paragraph (1). (B) Publication Notwithstanding any other provision of law, not later than 30 days after the date on which a Dietary Guidelines Advisory Committee is established or an Independent Advisory Board is established under paragraph (5), the Secretaries shall make publicly available— (i) a summary of the financial disclosures reported by the members of the Committee or Board, as applicable; (ii) the research funding and professional affiliations reported by those members under subparagraph (A)(iii), categorized by the name of the member; and (iii) a detailed plan for managing any disclosed conflicts of interest, including financial or ethical conflicts of interest, preferences, values, and beliefs.. (b) Controlling report 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) shall be controlling and considered to be the most recent Dietary Guidelines for Americans until the publication of the first report under that subsection after the date of enactment of this Act.

Sec. 4305: Dietary guidelines · Public Law Tracker