I 

111TH CONGRESS 

1ST SESSION H. R. 3851 

To direct the Secretary of Health and Human Services to publish physical 

activity guidelines for the general public, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 20, 2009 

Mr. GORDON of Tennessee (for himself, Mr. WAMP, Mrs. BONO MACK, and 

Mr. KIND) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To direct the Secretary of Health and Human Services to 

publish physical activity guidelines for the general public, 

and for other purposes. 

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 of 2009’’. 

6 SEC. 2. ESTABLISHMENT OF PHYSICAL ACTIVITY GUIDE7 LINES. 

8 (a) REPORT.— 


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1 (1) IN GENERAL.—At least every 5 years, the 

2 Secretary of Health and Human Services (in this 

3 Act referred to as the ‘‘Secretary’’) shall publish a 

4 report entitled ‘‘Physical Activity Guidelines for 

5 Americans’’. Each such report shall contain physical 

6 activity information and guidelines for the general 

7 public, and shall be promoted by each Federal agen8 cy in carrying out any Federal health program. 

9 (2) BASIS OF GUIDELINES.—The information 

10 and guidelines contained in each report required 

11 under paragraph (1) shall be based on the prepon12 derance of the scientific and medical knowledge 

13 which is current at the time the report is prepared. 

14 (b) APPROVAL BY SECRETARY.— 

15 (1) REVIEW.—Any Federal agency that pro16 poses to issue any physical activity guidance for the 

17 general population or identified population sub18 groups shall submit the text of such guidance to the 

19 Secretary for a 60-day review period. 

20 (2) BASIS OF REVIEW.— 

21 (A) IN GENERAL.—During the 60-day re22 view period established in paragraph (1), the 

23 Secretary shall review and approve or dis24 approve such guidance to assure that the guid25 ance either is consistent with the ‘‘Physical AcVerDate Nov 24 2008 04:50 Oct 21, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3851.IH H3851

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1 tivity Guidelines for Americans’’ or that the 

2 guidance is based on medical or new scientific 

3 knowledge which is determined to be valid by 

4 the Secretary. If after such 60-day review pe5 riod the Secretary has not notified the pro6 posing agency that such guidance has been dis7 approved, then such guidance may be issued by 

8 the agency. If the Secretary disapproves such 

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

10 the Secretary finds that such guidance is incon11 sistent with the ‘‘Physical Activity Guidelines 

12 for Americans’’ and so notifies the proposing 

13 agency, such agency shall follow the procedures 

14 set forth in this subsection before disseminating 

15 such proposal to the public in final form. If 

16 after such 60-day period, the Secretary dis17 approves such guidance as inconsistent with the 

18 ‘‘Physical Activity Guidelines for Americans’’ 

19 the proposing agency shall— 

20 (i) publish a notice in the Federal 

21 Register of the availability of the full text 

22 of the proposal and the preamble of such 

23 proposal which shall explain the basis and 

24 purpose for the proposed physical activity 

25 guidance; 


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1 (ii) provide in such notice for a public 

2 comment period of 30 days; and 

3 (iii) make available for public inspec4 tion and copying during normal business 

5 hours any comment received by the agency 

6 during such comment period. 

7 (B) REVIEW OF COMMENTS.—After review 

8 of comments received during the comment pe9 riod, the Secretary may approve for dissemina10 tion by the proposing agency a final version of 

11 such physical activity guidance along with an 

12 explanation of the basis and purpose for the 

13 final guidance which addresses significant and 

14 substantive comments as determined by the 

15 proposing agency. 

16 (C) ANNOUNCEMENT.—Any such final 

17 physical activity guidance to be disseminated 

18 under subparagraph (B) shall be announced in 

19 a notice published in the Federal Register, be20 fore public dissemination along with an address 

21 where copies may be obtained. 

22 (D) NOTIFICATION OF DISAPPROVAL.—If 

23 after the 30-day period for comment as pro24 vided under subparagraph (A)(ii), the Secretary 

25 disapproves a proposed physical activity guidVerDate Nov 24 2008 04:50 Oct 21, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3851.IH H3851

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1 ance, the Secretary shall notify the Federal 

2 agency submitting such guidance of such dis3 approval, and such guidance may not be issued, 

4 except as provided in subparagraph (E). 

5 (E) REVIEW OF DISAPPROVAL.—If a pro6 posed physical activity guidance is disapproved 

7 by the Secretary under subparagraph (D), the 

8 Federal agency proposing such guidance may, 

9 within 15 days after receiving notification of 

10 such disapproval under subparagraph (D), re11 quest the Secretary to review such disapproval. 

12 Within 15 days after receiving a request for 

13 such a review, the Secretary shall conduct such 

14 review. If, pursuant to such review, the Sec15 retary approves such proposed physical activity 

16 guidance, such guidance may be issued by the 

17 Federal agency. 

18 (3) DEFINITIONS.—In this subsection: 

19 (A) The term ‘‘physical activity guidance 

20 for the general population’’ does not include 

21 any rule or regulation issued by a Federal agen22 cy. 

23 (B) The term ‘‘identified population sub24 groups’’ shall include, but not be limited to, 


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

2 or physical disability. 

3 (c) EXISTING AUTHORITY NOT AFFECTED.—This 

4 section does not place any limitations on— 

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

6 medical research by any Federal agency; or 

7 (2) the presentation of any scientific or medical 

8 findings or the exchange or review of scientific or 

9 medical information by any Federal agency. 

Æ 


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