II 

113TH CONGRESS 

1ST SESSION S. 531 

To provide for the publication by the Secretary of Human Services of physical 

activity guidelines for Americans. 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2013 

Mr. HARKIN (for himself and Mr. WICKER) 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 Human 

Services of physical activity guidelines 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 ‘‘Physical Activity 

5 Guidelines for Americans Act’’. 

6 SEC. 2. PHYSICAL ACTIVITY GUIDELINES FOR AMERICANS. 

7 (a) REPORT.— 

8 (1) IN GENERAL.—At least every 10 years, the 

9 Secretary of Health and Human Services (in this 

10 section referred to as the ‘‘Secretary’’) shall publish 


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1 a report entitled ‘‘Physical Activity Guidelines for 

2 Americans’’. Each such report shall contain physical 

3 activity information and guidelines for the general 

4 public, and shall be promoted by each Federal agen5 cy in carrying out any Federal health program. Not 

6 later than 5 years after the publication of the first 

7 such report, and every 10 years thereafter, the Sec8 retary shall publish a report highlighting the best 

9 practices and continuing issues in the physical activ10 ity arena, which may focus on a particular group, 

11 subsection, or other division of the general public or 

12 a particular issue relating to the physical activity of 

13 Americans. 

14 (2) BASIS OF GUIDELINES.—The information 

15 and guidelines contained in each report required 

16 under paragraph (1) shall be based on the prepon17 derance of the scientific and medical knowledge 

18 which is current at the time the report is prepared, 

19 and shall include guidelines for identified population 

20 subgroups, including children, if the preponderance 

21 of scientific and medical knowledge indicates those 

22 subgroups require different levels of physical activ23 ity. 

24 (b) APPROVAL BY SECRETARY.— 


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1 (1) REVIEW.—Any Federal agency that pro2 poses to issue any physical activity guidance for the 

3 general population or identified population sub4 groups shall submit the text of such guidance to the 

5 Secretary for a 60-day review period. 

6 (2) BASIS OF REVIEW.— 

7 (A) IN GENERAL.—During the 60-day re8 view period established in paragraph (1), the 

9 Secretary shall review and approve or dis10 approve such guidance to assure that the guid11 ance either is consistent with the ‘‘Physical Ac12 tivity Guidelines for Americans’’ or that the 

13 guidance is based on medical or new scientific 

14 knowledge which is determined to be valid by 

15 the Secretary. If after such 60-day review pe16 riod the Secretary has not notified the pro17 posing agency that such guidance has been dis18 approved, then such guidance may be issued by 

19 the agency. If the Secretary disapproves such 

20 guidance, it shall be returned to the agency. If 

21 the Secretary finds that such guidance is incon22 sistent with the ‘‘Physical Activity Guidelines 

23 for Americans’’ and so notifies the proposing 

24 agency, such agency shall follow the procedures 

25 set forth in this subsection before disseminating 


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1 such proposal to the public in final form. If 

2 after such 60-day period, the Secretary dis3 approves such guidance as inconsistent with the 

4 ‘‘Physical Activity Guidelines for Americans’’ 

5 the proposing agency shall— 

6 (i) publish a notice in the Federal 

7 Register of the availability of the full text 

8 of the proposal and the preamble of such 

9 proposal which shall explain the basis and 

10 purpose for the proposed physical activity 

11 guidance; 

12 (ii) provide in such notice for a public 

13 comment period of 30 days; and 

14 (iii) make available for public inspec15 tion and copying during normal business 

16 hours any comment received by the agency 

17 during such comment period. 

18 (B) REVIEW OF COMMENTS.—After review 

19 of comments received during the comment pe20 riod, the Secretary may approve for dissemina21 tion by the proposing agency a final version of 

22 such physical activity guidance along with an 

23 explanation of the basis and purpose for the 

24 final guidance which addresses significant and 


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1 substantive comments as determined by the 

2 proposing agency. 

3 (C) ANNOUNCEMENT.—Any such final 

4 physical activity guidance to be disseminated 

5 under subparagraph (B) shall be announced in 

6 a notice published in the Federal Register, be7 fore public dissemination along with an address 

8 where copies may be obtained. 

9 (D) NOTIFICATION OF DISAPPROVAL.—If 

10 after the 30-day period for comment as pro11 vided under subparagraph (A)(ii), the Secretary 

12 disapproves a proposed physical activity guid13 ance, the Secretary shall notify the Federal 

14 agency submitting such guidance of such dis15 approval, and such guidance may not be issued, 

16 except as provided in subparagraph (E). 

17 (E) REVIEW OF DISAPPROVAL.—If a pro18 posed physical activity guidance is disapproved 

19 by the Secretary under subparagraph (D), the 

20 Federal agency proposing such guidance may, 

21 within 15 days after receiving notification of 

22 such disapproval under subparagraph (D), re23 quest the Secretary to review such disapproval. 

24 Within 15 days after receiving a request for 

25 such a review, the Secretary shall conduct such 


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1 review. If, pursuant to such review, the Sec2 retary approves such proposed physical activity 

3 guidance, such guidance may be issued by the 

4 Federal agency. 

5 (3) DEFINITIONS.—In this subsection: 

6 (A) The term ‘‘physical activity guidance 

7 for the general population’’ does not include 

8 any rule or regulation issued by a Federal agen9 cy. 

10 (B) The term ‘‘identified population sub11 groups’’ shall include, but not be limited to, 

12 groups based on factors such as age, sex, race, 

13 or physical disability. 

14 (c) EXISTING AUTHORITY NOT AFFECTED.—This 

15 section does not place any limitations on— 

16 (1) the conduct or support of any scientific or 

17 medical research by any Federal agency; or 

18 (2) the presentation of any scientific or medical 

19 findings or the exchange or review of scientific or 

20 medical information by any Federal agency. 

Æ 


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