II 

118TH CONGRESS 

1ST SESSION S. 397 

To provide for the publication by the Secretary of Health and Human Services 

of physical activity recommendations for Americans. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2023 

Mr. BROWN (for himself, Mr. WICKER, and Mrs. CAPITO) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To provide for the publication by the Secretary of Health 

and Human Services of physical activity recommendations for Americans. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Physical 

5 Activity for Americans Act’’. 

6 SEC. 2. PHYSICAL ACTIVITY RECOMMENDATIONS FOR 

7 AMERICANS. 

8 (a) REPORTS.— 


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•S 397 IS

1 (1) IN GENERAL.—Not later than December 31, 

2 2029, and at least every 10 years thereafter, the 

3 Secretary of Health and Human Services (referred 

4 to in this section as the ‘‘Secretary’’) shall publish 

5 a report that provides physical activity recommenda6 tions for the people of the United States. Each such 

7 report shall contain physical activity information and 

8 recommendations for consideration and use by the 

9 general public, and shall be considered, as applicable 

10 and appropriate, by relevant Federal agencies in car11 rying out relevant Federal health programs. 

12 (2) BASIS OF RECOMMENDATIONS.—The infor13 mation contained in each report required under 

14 paragraph (1) shall be based on the most current 

15 evidence-based scientific and medical knowledge at 

16 the time the report is prepared, and shall include ad17 ditional recommendations for population subgroups, 

18 such as children or individuals with disabilities, in19 cluding information regarding engagement in appro20 priate physical activity and avoiding inactivity. 

21 (3) UPDATE REPORTS.—Not later than 5 years 

22 after the publication of the first report under para23 graph (1), and at least every 10 years thereafter, the 

24 Secretary shall publish an updated report detailing 

25 evidence-based practices and highlighting continuing 


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1 issues with respect to physical activity. The contents 

2 of reports under this paragraph may focus on a par3 ticular group, subsection, or other division of the 

4 general public or on a particular issue relating to 

5 physical activity. 

6 (b) INTERACTION WITH OTHER RECOMMENDA7 TIONS.—Federal agencies proposing to issue physical ac8 tivity recommendations that differ from the recommenda9 tions in the most recent report published under subsection 

10 (a)(1) shall, as applicable and appropriate, take into con11 sideration the recommendations provided through reports 

12 issued under this Act. 

13 (c) EXISTING AUTHORITY NOT AFFECTED.—This 

14 section is not intended to limit the support of biomedical 

15 research by any Federal agency or to limit the presen16 tation or communication of scientific or medical findings 

17 or review of such findings by any Federal agency. 

18 (d) LIMITATION.—Notwithstanding any other provi19 sion of this Act, no physical fitness standard established 

20 under this Act shall be binding on any individual as a mat21 ter of Federal law or regulation. 

Æ 


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