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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 531 Reported in Senate (RS)]

                                                       Calendar No. 479
113th CONGRESS
  2d 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

                             July 23, 2014

Reported by Mr. Harkin, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To provide for the publication by the Secretary of Human Services of 
              physical activity guidelines for Americans.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Physical Activity 
Guidelines for Americans Act''.</DELETED>

<DELETED>SEC. 2. PHYSICAL ACTIVITY GUIDELINES FOR AMERICANS.</DELETED>

<DELETED>    (a) Report.--</DELETED>
        <DELETED>    (1) In general.--At least every 10 years, the 
        Secretary of Health and Human Services (in this section 
        referred to as the ``Secretary'') shall publish a report 
        entitled ``Physical Activity Guidelines for Americans''. Each 
        such report shall contain physical activity information and 
        guidelines for the general public, and shall be promoted by 
        each Federal agency in carrying out any Federal health program. 
        Not later than 5 years after the publication of the first such 
        report, and every 10 years thereafter, the Secretary shall 
        publish a report highlighting the best practices and continuing 
        issues in the physical activity arena, which may focus on a 
        particular group, subsection, or other division of the general 
        public or a particular issue relating to the physical activity 
        of Americans.</DELETED>
        <DELETED>    (2) Basis of guidelines.--The information and 
        guidelines contained in each report required under paragraph 
        (1) shall be based on the preponderance of the scientific and 
        medical knowledge which is current at the time the report is 
        prepared, and shall include guidelines for identified 
        population subgroups, including children, if the preponderance 
        of scientific and medical knowledge indicates those subgroups 
        require different levels of physical activity.</DELETED>
<DELETED>    (b) Approval by Secretary.--</DELETED>
        <DELETED>    (1) Review.--Any Federal agency that proposes to 
        issue any physical activity guidance for the general population 
        or identified population subgroups shall submit the text of 
        such guidance to the Secretary for a 60-day review 
        period.</DELETED>
        <DELETED>    (2) Basis of review.--</DELETED>
                <DELETED>    (A) In general.--During the 60-day review 
                period established in paragraph (1), the Secretary 
                shall review and approve or disapprove such guidance to 
                assure that the guidance either is consistent with the 
                ``Physical Activity Guidelines for Americans'' or that 
                the guidance is based on medical or new scientific 
                knowledge which is determined to be valid by the 
                Secretary. If after such 60-day review period the 
                Secretary has not notified the proposing agency that 
                such guidance has been disapproved, then such guidance 
                may be issued by the agency. If the Secretary 
                disapproves such guidance, it shall be returned to the 
                agency. If the Secretary finds that such guidance is 
                inconsistent with the ``Physical Activity Guidelines 
                for Americans'' and so notifies the proposing agency, 
                such agency shall follow the procedures set forth in 
                this subsection before disseminating such proposal to 
                the public in final form. If after such 60-day period, 
                the Secretary disapproves such guidance as inconsistent 
                with the ``Physical Activity Guidelines for Americans'' 
                the proposing agency shall--</DELETED>
                        <DELETED>    (i) publish a notice in the 
                        Federal Register of the availability of the 
                        full text of the proposal and the preamble of 
                        such proposal which shall explain the basis and 
                        purpose for the proposed physical activity 
                        guidance;</DELETED>
                        <DELETED>    (ii) provide in such notice for a 
                        public comment period of 30 days; and</DELETED>
                        <DELETED>    (iii) make available for public 
                        inspection and copying during normal business 
                        hours any comment received by the agency during 
                        such comment period.</DELETED>
                <DELETED>    (B) Review of comments.--After review of 
                comments received during the comment period, the 
                Secretary may approve for dissemination by the 
                proposing agency a final version of such physical 
                activity guidance along with an explanation of the 
                basis and purpose for the final guidance which 
                addresses significant and substantive comments as 
                determined by the proposing agency.</DELETED>
                <DELETED>    (C) Announcement.--Any such final physical 
                activity guidance to be disseminated under subparagraph 
                (B) shall be announced in a notice published in the 
                Federal Register, before public dissemination along 
                with an address where copies may be obtained.</DELETED>
                <DELETED>    (D) Notification of disapproval.--If after 
                the 30-day period for comment as provided under 
                subparagraph (A)(ii), the Secretary disapproves a 
                proposed physical activity guidance, the Secretary 
                shall notify the Federal agency submitting such 
                guidance of such disapproval, and such guidance may not 
                be issued, except as provided in subparagraph 
                (E).</DELETED>
                <DELETED>    (E) Review of disapproval.--If a proposed 
                physical activity guidance is disapproved by the 
                Secretary under subparagraph (D), the Federal agency 
                proposing such guidance may, within 15 days after 
                receiving notification of such disapproval under 
                subparagraph (D), request the Secretary to review such 
                disapproval. Within 15 days after receiving a request 
                for such a review, the Secretary shall conduct such 
                review. If, pursuant to such review, the Secretary 
                approves such proposed physical activity guidance, such 
                guidance may be issued by the Federal agency.</DELETED>
        <DELETED>    (3) Definitions.--In this subsection:</DELETED>
                <DELETED>    (A) The term ``physical activity guidance 
                for the general population'' does not include any rule 
                or regulation issued by a Federal agency.</DELETED>
                <DELETED>    (B) The term ``identified population 
                subgroups'' shall include, but not be limited to, 
                groups based on factors such as age, sex, race, or 
                physical disability.</DELETED>
<DELETED>    (c) Existing Authority Not Affected.--This section does 
not place any limitations on--</DELETED>
        <DELETED>    (1) the conduct or support of any scientific or 
        medical research by any Federal agency; or</DELETED>
        <DELETED>    (2) the presentation of any scientific or medical 
        findings or the exchange or review of scientific or medical 
        information by any Federal agency.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Physical Activity for 
Americans Act''.

SEC. 2. PHYSICAL ACTIVITY RECOMMENDATIONS FOR AMERICANS.

    (a) Reports.--
            (1) In general.--Not later than December 31, 2018, and at 
        least every 10 years thereafter, the Secretary of Health and 
        Human Services (referred to in this section as the 
        ``Secretary'') shall publish a report that provides physical 
        activity recommendations for the people of the United States. 
        Each such report shall contain physical activity information 
        and recommendations for consideration and use by the general 
        public, and shall be considered, as applicable and appropriate, 
        by relevant Federal agencies in carrying out relevant Federal 
        health programs.
            (2) Basis of recommendations.--The information contained in 
        each report required under paragraph (1) shall be based on the 
        most current evidence-based scientific and medical knowledge at 
        the time the report is prepared, and shall include additional 
        information for population subgroups, such as children or 
        individuals with disabilities, if scientific and medical 
        evidence indicates that physical activity recommendations vary 
        in such a manner that such stratification is warranted.
            (3) Update reports.--Not later than 5 years after the 
        publication of the first report under paragraph (1), and every 
        10 years thereafter, the Secretary shall publish an update 
        report detailing evidence-based practices and highlighting 
        continuing issues with respect to physical activity. The 
        contents of reports under this paragraph may focus on a 
        particular group, subsection, or other division of the general 
        public or on a particular issue relating to physical activity.
    (b) Interaction With Other Recommendations.--Federal agencies 
proposing to issue physical activity recommendations that differ from 
the recommendations in the most recent report published under 
subsection (a)(1) shall submit such proposed recommendations to the 
Secretary for review, and as appropriate, approval, to ensure that such 
recommendations are either consistent with the physical activity 
recommendations published under such subsection or based on the most 
current evidence-based scientific and medical knowledge.
    (c) Existing Authority Not Affected.--This section is not intended 
to limit the support of biomedical research by any Federal agency or to 
limit the presentation or communication of scientific or medical 
findings or review of such findings by any Federal agency.
            Amend the title so as to read: ``A bill to provide for the 
        publication by the Secretary of Health and Human Services of 
        physical activity recommendations for Americans.''.
                                                       Calendar No. 479

113th CONGRESS

  2d Session

                                 S. 531

_______________________________________________________________________

                                 A BILL

 To provide for the publication by the Secretary of Human Services of 
              physical activity guidelines for Americans.

_______________________________________________________________________

                             July 23, 2014

        Reported with an amendment and an amendment to the title
```