II 

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. 

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’’. 


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1 SEC. 2. PHYSICAL ACTIVITY GUIDELINES FOR AMERICANS. 

2 (a) REPORT.— 

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

4 Secretary of Health and Human Services (in this 

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

6 a report entitled ‘‘Physical Activity Guidelines for 

7 Americans’’. Each such report shall contain physical 

8 activity information and guidelines for the general 

9 public, and shall be promoted by each Federal agen10 cy in carrying out any Federal health program. Not 

11 later than 5 years after the publication of the first 

12 such report, and every 10 years thereafter, the Sec13 retary shall publish a report highlighting the best 

14 practices and continuing issues in the physical activ15 ity arena, which may focus on a particular group, 

16 subsection, or other division of the general public or 

17 a particular issue relating to the physical activity of 

18 Americans. 

19 (2) BASIS OF GUIDELINES.—The information 

20 and guidelines contained in each report required 

21 under paragraph (1) shall be based on the prepon22 derance of the scientific and medical knowledge 

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

24 and shall include guidelines for identified population 

25 subgroups, including children, if the preponderance 

26 of scientific and medical knowledge indicates those 


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1 subgroups require different levels of physical activ2 ity. 

3 (b) APPROVAL BY SECRETARY.— 

4 (1) REVIEW.—Any Federal agency that pro5 poses to issue any physical activity guidance for the 

6 general population or identified population sub7 groups shall submit the text of such guidance to the 

8 Secretary for a 60-day review period. 

9 (2) BASIS OF REVIEW.— 

10 (A) IN GENERAL.—During the 60-day re11 view period established in paragraph (1), the 

12 Secretary shall review and approve or dis13 approve such guidance to assure that the guid14 ance either is consistent with the ‘‘Physical Ac15 tivity Guidelines for Americans’’ or that the 

16 guidance is based on medical or new scientific 

17 knowledge which is determined to be valid by 

18 the Secretary. If after such 60-day review pe19 riod the Secretary has not notified the pro20 posing agency that such guidance has been dis21 approved, then such guidance may be issued by 

22 the agency. If the Secretary disapproves such 

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

24 the Secretary finds that such guidance is incon25 sistent with the ‘‘Physical Activity Guidelines 


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1 for Americans’’ and so notifies the proposing 

2 agency, such agency shall follow the procedures 

3 set forth in this subsection before disseminating 

4 such proposal to the public in final form. If 

5 after such 60-day period, the Secretary dis6 approves such guidance as inconsistent with the 

7 ‘‘Physical Activity Guidelines for Americans’’ 

8 the proposing agency shall— 

9 (i) publish a notice in the Federal 

10 Register of the availability of the full text 

11 of the proposal and the preamble of such 

12 proposal which shall explain the basis and 

13 purpose for the proposed physical activity 

14 guidance; 

15 (ii) provide in such notice for a public 

16 comment period of 30 days; and 

17 (iii) make available for public inspec18 tion and copying during normal business 

19 hours any comment received by the agency 

20 during such comment period. 

21 (B) REVIEW OF COMMENTS.—After review 

22 of comments received during the comment pe23 riod, the Secretary may approve for dissemina24 tion by the proposing agency a final version of 

25 such physical activity guidance along with an 


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1 explanation of the basis and purpose for the 

2 final guidance which addresses significant and 

3 substantive comments as determined by the 

4 proposing agency. 

5 (C) ANNOUNCEMENT.—Any such final 

6 physical activity guidance to be disseminated 

7 under subparagraph (B) shall be announced in 

8 a notice published in the Federal Register, be9 fore public dissemination along with an address 

10 where copies may be obtained. 

11 (D) NOTIFICATION OF DISAPPROVAL.—If 

12 after the 30-day period for comment as pro13 vided under subparagraph (A)(ii), the Secretary 

14 disapproves a proposed physical activity guid15 ance, the Secretary shall notify the Federal 

16 agency submitting such guidance of such dis17 approval, and such guidance may not be issued, 

18 except as provided in subparagraph (E). 

19 (E) REVIEW OF DISAPPROVAL.—If a pro20 posed physical activity guidance is disapproved 

21 by the Secretary under subparagraph (D), the 

22 Federal agency proposing such guidance may, 

23 within 15 days after receiving notification of 

24 such disapproval under subparagraph (D), re25 quest the Secretary to review such disapproval. 


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1 Within 15 days after receiving a request for 

2 such a review, the Secretary shall conduct such 

3 review. If, pursuant to such review, the Sec4 retary approves such proposed physical activity 

5 guidance, such guidance may be issued by the 

6 Federal agency. 

7 (3) DEFINITIONS.—In this subsection: 

8 (A) The term ‘‘physical activity guidance 

9 for the general population’’ does not include 

10 any rule or regulation issued by a Federal agen11 cy. 

12 (B) The term ‘‘identified population sub13 groups’’ shall include, but not be limited to, 

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

15 or physical disability. 

16 (c) EXISTING AUTHORITY NOT AFFECTED.—This 

17 section does not place any limitations on— 

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

19 medical research by any Federal agency; or 

20 (2) the presentation of any scientific or medical 

21 findings or the exchange or review of scientific or 

22 medical information by any Federal agency. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Promoting Physical Ac25 tivity for Americans Act’’. 


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1 SEC. 2. PHYSICAL ACTIVITY RECOMMENDATIONS FOR 

2 AMERICANS. 

3 (a) REPORTS.— 

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

5 2018, and at least every 10 years thereafter, the Sec6 retary of Health and Human Services (referred to in 

7 this section as the ‘‘Secretary’’) shall publish a report 

8 that provides physical activity recommendations for 

9 the people of the United States. Each such report shall 

10 contain physical activity information and rec11 ommendations for consideration and use by the gen12 eral public, and shall be considered, as applicable and 

13 appropriate, by relevant Federal agencies in carrying 

14 out relevant Federal health programs. 

15 (2) BASIS OF RECOMMENDATIONS.—The infor16 mation contained in each report required under para17 graph (1) shall be based on the most current evidence18 based scientific and medical knowledge at the time the 

19 report is prepared, and shall include additional infor20 mation for population subgroups, such as children or 

21 individuals with disabilities, if scientific and medical 

22 evidence indicates that physical activity recommenda23 tions vary in such a manner that such stratification 

24 is warranted. 

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

26 after the publication of the first report under paraVerDate Mar 15 2010 01:05 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S531.RS S531

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1 graph (1), and every 10 years thereafter, the Sec2 retary shall publish an update report detailing evi3 dence-based practices and highlighting continuing 

4 issues with respect to physical activity. The contents 

5 of reports under this paragraph may focus on a par6 ticular group, subsection, or other division of the gen7 eral public or on a particular issue relating to phys8 ical activity. 

9 (b) INTERACTION WITH OTHER RECOMMENDA10 TIONS.—Federal agencies proposing to issue physical activ11 ity recommendations that differ from the recommendations 

12 in the most recent report published under subsection (a)(1) 

13 shall submit such proposed recommendations to the Sec14 retary for review, and as appropriate, approval, to ensure 

15 that such recommendations are either consistent with the 

16 physical activity recommendations published under such 

17 subsection or based on the most current evidence-based sci18 entific and medical knowledge. 

19 (c) EXISTING AUTHORITY NOT AFFECTED.—This sec20 tion is not intended to limit the support of biomedical re21 search by any Federal agency or to limit the presentation 

22 or communication of scientific or medical findings or re23 view 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 


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Services of physical activity recommendations for Americans.’’. 


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Calendar No. 479 

113TH CONGRESS 

2D SESSION S. 531 

A BILL 

To provide for the publication by the Secretary of 

for Americans. Human Services of physical activity guidelines 

JULY 23, 2014 

Reported with an amendment and an amendment to the 

title 


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