I 119THCONGRESS 1 STSESSION H. R. 2326 To amend the National Nutrition Monitoring and Related Research Act of 1990 to improve the dietary guidelines, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH25, 2025 Mr. J ACKSONof Texas (for himself, Mr. MANN, Mr. BAIRD, Mr. HARRISof Maryland, and Mr. B ACON) introduced the following bill; which was re- ferred to the Committee on Agriculture A BILL To amend the National Nutrition Monitoring and Related Research Act of 1990 to improve the dietary guidelines, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Dietary Guidelines Re-4 form Act of 2025’’. 5 SEC. 2. ESTABLISHMENT OF DIETARY GUIDELINES. 6 (a) I NGENERAL.—Section 301(a) of the National 7 Nutrition Monitoring and Related Research Act of 1990 8 (7 U.S.C. 5341(a)) is amended— 9 VerDate Sep 11 2014 20:14 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 2326 IH (1) in paragraph (1)— 1 (A) by striking the paragraph designation 2 and heading and all that follows through ‘‘five 3 years’’ in the first sentence and inserting the 4 following: 5 ‘‘(1) I N GENERAL.—At least every 10 years,’’; 6 and 7 (B) by adding at the end the following: 8 ‘‘Rulemaking requirements under section 553 of 9 title 5, United States Code, shall apply to the 10 development of each report under this para-11 graph.’’; 12 (2) by indenting paragraphs (2) and (3) appro-13 priately; 14 (3) in paragraph (2), by striking ‘‘shall’’ and all 15 that follows through the period at the end and in-16 serting the following: ‘‘shall— 17 ‘‘(A) be based on significant scientific 18 agreement that is determined by evidence-based 19 review (as defined in paragraph (9)(A)); 20 ‘‘(B) be current at the time that the report 21 is prepared; 22 ‘‘(C) be derived from the questions gen-23 erated under paragraph (5)(E); 24 VerDate Sep 11 2014 20:14 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 2326 IH ‘‘(D) address high-priority areas of concern 1 to advance health outcomes; 2 ‘‘(E) be designed to achieve nutritional 3 adequacy and promote health, as specified by 4 the Food and Nutrition Board of the National 5 Academies of Sciences, Engineering, and Medi-6 cine, through the consumption of food, includ-7 ing nutrients and bioactive food components oc-8 curring naturally and in fortified foods; 9 ‘‘(F) include nutritional and dietary infor-10 mation relevant to individuals with common nu-11 trition-related chronic diseases, as defined by 12 the Centers for Disease Control and Prevention; 13 and 14 ‘‘(G) include recommendations that are af-15 fordable, available, and accessible for the gen-16 eral population.’’; 17 (4) by redesignating paragraph (3) as para-18 graph (8); 19 (5) by inserting after paragraph (2) the fol-20 lowing: 21 ‘‘(3) F REQUENCY.—The Secretaries may pub-22 lish the report required under paragraph (1) more 23 frequently than required under that paragraph if the 24 Secretaries determine that more frequent publication 25 VerDate Sep 11 2014 20:14 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 2326 IH is necessary to promote health based on updated die-1 tary reference intake values specified by— 2 ‘‘(A) the Food and Nutrition Board of the 3 National Academies of Sciences, Engineering, 4 and Medicine; and 5 ‘‘(B) other relevant scientific advancements 6 based on continuous review of the totality of 7 publicly available scientific evidence. 8 ‘‘(4) N OTIFICATION OF UPDATE.— 9 ‘‘(A) I N GENERAL.—Not later than 90 10 days before the Secretaries plan to update a re-11 port under paragraph (1), the Secretaries shall 12 submit notification of that plan, in writing, to 13 the Committees on Agriculture, Nutrition, and 14 Forestry and Health, Education, Labor, and 15 Pensions of the Senate and the Committees on 16 Agriculture and Energy and Commerce of the 17 House of Representatives. 18 ‘‘(B) J USTIFICATION.—The notification 19 under subparagraph (A) shall include a jus-20 tification for updating the report. 21 ‘‘(5) I NDEPENDENT ADVISORY BOARD .— 22 ‘‘(A) I N GENERAL.—Not later than 90 23 days after the Secretaries submit a notification 24 under paragraph (4)(A), the Secretaries shall 25 VerDate Sep 11 2014 20:14 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 2326 IH establish an Independent Advisory Board (re-1 ferred to in this paragraph as the ‘Board’). 2 ‘‘(B) M EMBERS.—The Board shall com-3 prise not more than 8 members, of which— 4 ‘‘(i) 4 shall be appointed by the Secre-5 taries, 2 of whom shall not be Federal em-6 ployees; and 7 ‘‘(ii) 1 shall be appointed by each of 8 the highest-ranking Member on each Com-9 mittee described in paragraph (4)(A) of 10 the opposite political party of the President 11 of the United States. 12 ‘‘(C) E XPERTISE.—Each member ap-13 pointed to the Board shall have expertise in nu-14 trition science or food science, including aca-15 demic and applied experience. 16 ‘‘(D) M EETINGS.— 17 ‘‘(i) I N GENERAL.—The first meeting 18 of the Board shall take place on or after 19 the date that is 90 days after the Secre-20 taries submit a notification under para-21 graph (4)(A). 22 ‘‘(ii) Q UORUM.—A 6 ⁄8majority of the 23 members shall constitute a quorum for the 24 transaction of the business of the Board. 25 VerDate Sep 11 2014 20:14 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 2326 IH ‘‘(E) DUTIES.—Not later than 1 year after 1 the establishment of the Board, the Board shall 2 submit to the Secretaries and the Committees 3 described in paragraph (4)(A) a list of scientific 4 questions based on the proposed report under 5 paragraph (1), which questions shall be used to 6 inform the work of the Secretaries on that re-7 port and any relevant work of the Committees 8 described in paragraph (4)(A). 9 ‘‘(F) T ERMINATION.—The authority of the 10 Board shall terminate, and the Board shall dis-11 band, immediately after carrying out subpara-12 graph (E). 13 ‘‘(6) D IETARY REFERENCE INTAKE UPDATES .— 14 ‘‘(A) I N GENERAL.—The Secretaries shall 15 coordinate with the Joint United States-Canada 16 Dietary Reference Intake Working Group to en-17 sure that the Food and Nutrition Board of the 18 National Academies of Sciences, Engineering, 19 and Medicine update the dietary reference in-20 take values to represent the most up-to-date 21 understanding of nutritional science. 22 ‘‘(B) U PDATES.—The Joint United States- 23 Canada Dietary Reference Intake Working 24 Group is encouraged— 25 VerDate Sep 11 2014 20:14 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 2326 IH ‘‘(i) to initiate at least 1 dietary ref-1 erence intake update per year; and 2 ‘‘(ii) to identify updates that are of 3 highest priority and necessitate review. 4 ‘‘(7) E XCLUSION.—The information and guide-5 lines contained in each report required under para-6 graph (1) shall not be based on or include topics 7 that are not relevant to dietary guidance, as deter-8 mined by the Secretaries, in consultation with the 9 Independent Advisory Board established under para-10 graph (5), including taxation, social welfare policies, 11 purchases under Federal feeding programs, food and 12 agricultural production practices, food labeling, so-13 cioeconomic status, race, religion, ethnicity, culture, 14 or regulations relating to nutrition.’’; and 15 (6) by adding at the end the following: 16 ‘‘(9) E VIDENCE-BASED REVIEW.— 17 ‘‘(A) D EFINITION OF EVIDENCE -BASED 18 REVIEW.—In this paragraph, the term ‘evi-19 dence-based review’ means a process under 20 which— 21 ‘‘(i) the totality of the scientific evi-22 dence relevant to a question of interest is 23 collected, analyzed, and evaluated; 24 VerDate Sep 11 2014 20:14 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 2326 IH ‘‘(ii) scientific studies, conclusions, 1 and recommendations are rated, adhering 2 strictly to standardized, generally accepted 3 evidence-based review methods; and 4 ‘‘(iii) external peer review is con-5 ducted by nongovernment experts with rec-6 ognized expertise in quality-of-evidence 7 evaluation. 8 ‘‘(B) S TRENGTH OF EVIDENCE .—Each 9 guideline contained in a report published under 10 paragraph (1) shall be assigned a rating by the 11 Secretaries for the strength of evidence used, 12 including the extent to which the guideline will 13 improve the Healthy Eating Index. 14 ‘‘(10) T RANSPARENCY.— 15 ‘‘(A) D ISCLOSURE.—Any individual ap-16 pointed to the Dietary Guidelines Advisory 17 Committee or an Independent Advisory Board 18 established under paragraph (5) shall provide 19 full disclosure of all financial and nonfinancial 20 conflicts of interest relevant to their member-21 ship using the Office of Government Ethics 22 Form 450 (or successor form). 23 ‘‘(B) P UBLICATION.—Notwithstanding any 24 other provision of law, not later than 30 days 25 VerDate Sep 11 2014 20:14 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 2326 IH after the date on which a Dietary Guidelines 1 Advisory Committee is established, the Secre-2 taries shall make publicly available— 3 ‘‘(i) the disclosures required under 4 subparagraph (A), categorized by the name 5 of the individual; and 6 ‘‘(ii) a detailed plan for managing any 7 disclosed conflicts of interest, including fi-8 nancial or ethical conflicts of interest, pref-9 erences, values, and beliefs. 10 ‘‘(11) F UNDING.—Of the funds made available 11 by section 32 of the Act of August 24, 1935 (7 12 U.S.C. 612c), the Secretary of Agriculture shall 13 make available to carry out this subsection 14 $5,000,000 for each of fiscal years 2025 through 15 2029, to remain available until expended.’’. 16 (b) C ONTROLLING REPORT.—The 2020 Dietary 17 Guidelines for Americans published by the Secretaries 18 under section 301(a)(1) of the National Nutrition Moni-19 toring and Related Research Act of 1990 (7 U.S.C. 20 5341(a)(1)) (as in effect before the date of enactment of 21 this Act) shall be considered the most recent Dietary 22 Guidelines for Americans until the publication of the first 23 report under that section (as amended by subsection (a)). 24 Æ VerDate Sep 11 2014 20:14 Mar 31, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H2326.IH H2326 ssavage on LAPJG3WLY3PROD with BILLS