[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1129 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
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
March 25, 2025
Mr. Marshall introduced 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Guidelines Reform Act of
2025''.
SEC. 2. ESTABLISHMENT OF DIETARY GUIDELINES.
(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) by striking the paragraph designation and
heading and all that follows through ``five years'' in
the first sentence and inserting the following:
``(1) In general.--At least every 10 years,''; 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) by indenting paragraphs (2) and (3) appropriately;
(3) 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 (9)(A));
``(B) be current at the time that the report is
prepared;
``(C) be derived from the 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, through 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 common nutrition-related
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.'';
(4) by redesignating paragraph (3) as paragraph (8);
(5) 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
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 review 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 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 shall be appointed by each of the
highest-ranking Member on each Committee
described in paragraph (4)(A) of the opposite
political party of the President of the United
States.
``(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 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 \6/8\ 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 based
on the proposed report under paragraph (1), which
questions shall be used to inform the work of the
Secretaries on that report and any relevant work of the
Committees described in paragraph (4)(A).
``(F) Termination.--The authority of the Board
shall terminate, and the Board shall disband,
immediately after carrying out subparagraph (E).
``(6) Dietary reference intake updates.--
``(A) In general.--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.
``(B) Updates.--The Joint United States-Canada
Dietary Reference Intake Working Group is encouraged--
``(i) to initiate at least 1 dietary
reference intake update per year; and
``(ii) to identify updates that are of
highest priority and necessitate review.
``(7) 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
(6) by adding at the end the following:
``(9) 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.
``(10) Transparency.--
``(A) Disclosure.--Any individual appointed to the
Dietary Guidelines Advisory Committee or an Independent
Advisory Board established under paragraph (5) shall
provide full disclosure of all financial and
nonfinancial conflicts of interest relevant to their
membership using the Office of Government Ethics Form
450 (or successor form).
``(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, the Secretaries shall make publicly
available--
``(i) the disclosures required under
subparagraph (A), categorized by the name of
the individual; and
``(ii) a detailed plan for managing any
disclosed conflicts of interest, including
financial or ethical conflicts of interest,
preferences, values, and beliefs.
``(11) Funding.--Of the funds made available by section 32
of the Act of August 24, 1935 (7 U.S.C. 612c), 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.''.
(b) Controlling Report.--The 2020 Dietary Guidelines for Americans
published by the Secretaries under section 301(a)(1) of the National
Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C.
5341(a)(1)) (as in effect before the date of enactment of this Act)
shall be considered the most recent Dietary Guidelines for Americans
until the publication of the first report under that section (as
amended by subsection (a)).
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