II
119THCONGRESS
1
STSESSION S. 1129
To amend the National Nutrition Monitoring and Related Research Act
of 1990 to improve the dietary guidelines, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH25, 2025
Mr. M
ARSHALLintroduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
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
(1) in paragraph (1)— 10
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•S 1129 IS
(A) by striking the paragraph designation 1
and heading and all that follows through ‘‘five 2
years’’ in the first sentence and inserting the 3
following: 4
‘‘(1) I
N GENERAL.—At least every 10 years,’’; 5
and 6
(B) by adding at the end the following: 7
‘‘Rulemaking requirements under section 553 of 8
title 5, United States Code, shall apply to the 9
development of each report under this para-10
graph.’’; 11
(2) by indenting paragraphs (2) and (3) appro-12
priately; 13
(3) in paragraph (2), by striking ‘‘shall’’ and all 14
that follows through the period at the end and in-15
serting the following: ‘‘shall— 16
‘‘(A) be based on significant scientific 17
agreement that is determined by evidence-based 18
review (as defined in paragraph (9)(A)); 19
‘‘(B) be current at the time that the report 20
is prepared; 21
‘‘(C) be derived from the questions gen-22
erated under paragraph (5)(E); 23
‘‘(D) address high-priority areas of concern 24
to advance health outcomes; 25
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‘‘(E) be designed to achieve nutritional 1
adequacy and promote health, as specified by 2
the Food and Nutrition Board of the National 3
Academies of Sciences, Engineering, and Medi-4
cine, through the consumption of food, includ-5
ing nutrients and bioactive food components oc-6
curring naturally and in fortified foods; 7
‘‘(F) include nutritional and dietary infor-8
mation relevant to individuals with common nu-9
trition-related chronic diseases, as defined by 10
the Centers for Disease Control and Prevention; 11
and 12
‘‘(G) include recommendations that are af-13
fordable, available, and accessible for the gen-14
eral population.’’; 15
(4) by redesignating paragraph (3) as para-16
graph (8); 17
(5) by inserting after paragraph (2) the fol-18
lowing: 19
‘‘(3) F
REQUENCY.—The Secretaries may pub-20
lish the report required under paragraph (1) more 21
frequently than required under that paragraph if the 22
Secretaries determine that more frequent publication 23
is necessary to promote health based on updated die-24
tary reference intake values specified by— 25
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‘‘(A) the Food and Nutrition Board of the 1
National Academies of Sciences, Engineering, 2
and Medicine; and 3
‘‘(B) other relevant scientific advancements 4
based on continuous review of the totality of 5
publicly available scientific evidence. 6
‘‘(4) N
OTIFICATION OF UPDATE.— 7
‘‘(A) I
N GENERAL.—Not later than 90 8
days before the Secretaries plan to update a re-9
port under paragraph (1), the Secretaries shall 10
submit notification of that plan, in writing, to 11
the Committees on Agriculture, Nutrition, and 12
Forestry and Health, Education, Labor, and 13
Pensions of the Senate and the Committees on 14
Agriculture and Energy and Commerce of the 15
House of Representatives. 16
‘‘(B) J
USTIFICATION.—The notification 17
under subparagraph (A) shall include a jus-18
tification for updating the report. 19
‘‘(5) I
NDEPENDENT ADVISORY BOARD .— 20
‘‘(A) I
N GENERAL.—Not later than 90 21
days after the Secretaries submit a notification 22
under paragraph (4)(A), the Secretaries shall 23
establish an Independent Advisory Board (re-24
ferred to in this paragraph as the ‘Board’). 25
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‘‘(B) MEMBERS.—The Board shall com-1
prise not more than 8 members, of which— 2
‘‘(i) 4 shall be appointed by the Secre-3
taries, 2 of whom shall not be Federal em-4
ployees; and 5
‘‘(ii) 1 shall be appointed by each of 6
the highest-ranking Member on each Com-7
mittee described in paragraph (4)(A) of 8
the opposite political party of the President 9
of the United States. 10
‘‘(C) E
XPERTISE.—Each member ap-11
pointed to the Board shall have expertise in nu-12
trition science or food science, including aca-13
demic and applied experience. 14
‘‘(D) M
EETINGS.— 15
‘‘(i) I
N GENERAL.—The first meeting 16
of the Board shall take place on or after 17
the date that is 90 days after the Secre-18
taries submit a notification under para-19
graph (4)(A). 20
‘‘(ii) Q
UORUM.—A
6
⁄8majority of the 21
members shall constitute a quorum for the 22
transaction of the business of the Board. 23
‘‘(E) D
UTIES.—Not later than 1 year after 24
the establishment of the Board, the Board shall 25
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submit to the Secretaries and the Committees 1
described in paragraph (4)(A) a list of scientific 2
questions based on the proposed report under 3
paragraph (1), which questions shall be used to 4
inform the work of the Secretaries on that re-5
port and any relevant work of the Committees 6
described in paragraph (4)(A). 7
‘‘(F) T
ERMINATION.—The authority of the 8
Board shall terminate, and the Board shall dis-9
band, immediately after carrying out subpara-10
graph (E). 11
‘‘(6) D
IETARY REFERENCE INTAKE UPDATES .— 12
‘‘(A) I
N GENERAL.—The Secretaries shall 13
coordinate with the Joint United States-Canada 14
Dietary Reference Intake Working Group to en-15
sure that the Food and Nutrition Board of the 16
National Academies of Sciences, Engineering, 17
and Medicine update the dietary reference in-18
take values to represent the most up-to-date 19
understanding of nutritional science. 20
‘‘(B) U
PDATES.—The Joint United States- 21
Canada Dietary Reference Intake Working 22
Group is encouraged— 23
‘‘(i) to initiate at least 1 dietary ref-24
erence intake update per year; and 25
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‘‘(ii) to identify updates that are of 1
highest priority and necessitate review. 2
‘‘(7) E
XCLUSION.—The information and guide-3
lines contained in each report required under para-4
graph (1) shall not be based on or include topics 5
that are not relevant to dietary guidance, as deter-6
mined by the Secretaries, in consultation with the 7
Independent Advisory Board established under para-8
graph (5), including taxation, social welfare policies, 9
purchases under Federal feeding programs, food and 10
agricultural production practices, food labeling, so-11
cioeconomic status, race, religion, ethnicity, culture, 12
or regulations relating to nutrition.’’; and 13
(6) by adding at the end the following: 14
‘‘(9) E
VIDENCE-BASED REVIEW.— 15
‘‘(A) D
EFINITION OF EVIDENCE -BASED 16
REVIEW.—In this paragraph, the term ‘evi-17
dence-based review’ means a process under 18
which— 19
‘‘(i) the totality of the scientific evi-20
dence relevant to a question of interest is 21
collected, analyzed, and evaluated; 22
‘‘(ii) scientific studies, conclusions, 23
and recommendations are rated, adhering 24
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strictly to standardized, generally accepted 1
evidence-based review methods; and 2
‘‘(iii) external peer review is con-3
ducted by nongovernment experts with rec-4
ognized expertise in quality-of-evidence 5
evaluation. 6
‘‘(B) S
TRENGTH OF EVIDENCE .—Each 7
guideline contained in a report published under 8
paragraph (1) shall be assigned a rating by the 9
Secretaries for the strength of evidence used, 10
including the extent to which the guideline will 11
improve the Healthy Eating Index. 12
‘‘(10) T
RANSPARENCY.— 13
‘‘(A) D
ISCLOSURE.—Any individual ap-14
pointed to the Dietary Guidelines Advisory 15
Committee or an Independent Advisory Board 16
established under paragraph (5) shall provide 17
full disclosure of all financial and nonfinancial 18
conflicts of interest relevant to their member-19
ship using the Office of Government Ethics 20
Form 450 (or successor form). 21
‘‘(B) P
UBLICATION.—Notwithstanding any 22
other provision of law, not later than 30 days 23
after the date on which a Dietary Guidelines 24
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Advisory Committee is established, the Secre-1
taries shall make publicly available— 2
‘‘(i) the disclosures required under 3
subparagraph (A), categorized by the name 4
of the individual; and 5
‘‘(ii) a detailed plan for managing any 6
disclosed conflicts of interest, including fi-7
nancial or ethical conflicts of interest, pref-8
erences, values, and beliefs. 9
‘‘(11) F
UNDING.—Of the funds made available 10
by section 32 of the Act of August 24, 1935 (7 11
U.S.C. 612c), the Secretary of Agriculture shall 12
make available to carry out this subsection 13
$5,000,000 for each of fiscal years 2025 through 14
2029, to remain available until expended.’’. 15
(b) C
ONTROLLING REPORT.—The 2020 Dietary 16
Guidelines for Americans published by the Secretaries 17
under section 301(a)(1) of the National Nutrition Moni-18
toring and Related Research Act of 1990 (7 U.S.C. 19
5341(a)(1)) (as in effect before the date of enactment of 20
this Act) shall be considered the most recent Dietary 21
Guidelines for Americans until the publication of the first 22
report under that section (as amended by subsection (a)). 23
Æ
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