I 

110TH CONGRESS 

2D SESSION H. R. 5639 

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 

MARCH 13, 2008 

Mr. UDALL of Colorado (for himself and Mr. WAMP) 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 2008’’. 

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

8 (a) REPORT.— 

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

10 Secretary of Health and Human Services (in this 


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

2 report entitled ‘‘Physical Activity Guidelines for 

3 Americans’’. Each such report shall contain physical 

4 activity information and guidelines for the general 

5 public, and shall be promoted by each Federal agen6 cy in carrying out any Federal health program. 

7 (2) BASIS OF GUIDELINES.—The information 

8 and guidelines contained in each report required 

9 under paragraph (1) shall be based on the prepon10 derance of the scientific and medical knowledge 

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

12 (b) APPROVAL BY SECRETARY.— 

13 (1) REVIEW.—Any Federal agency that pro14 poses to issue any physical activity guidance for the 

15 general population or identified population sub16 groups shall submit the text of such guidance to the 

17 Secretary for a 60-day review period. 

18 (2) BASIS OF REVIEW.— 

19 (A) IN GENERAL.—During the 60-day re20 view period established in paragraph (1), the 

21 Secretary shall review and approve or dis22 approve such guidance to assure that the guid23 ance either is consistent with the ‘‘Physical Ac24 tivity Guidelines for Americans’’ or that the 

25 guidance is based on medical or new scientific 


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1 knowledge which is determined to be valid by 

2 the Secretary. If after such 60-day review pe3 riod the Secretary has not notified the pro4 posing agency that such guidance has been dis5 approved, then such guidance may be issued by 

6 the agency. If the Secretary disapproves such 

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

8 the Secretary finds that such guidance is incon9 sistent with the ‘‘Physical Activity Guidelines 

10 for Americans’’ and so notifies the proposing 

11 agency, such agency shall follow the procedures 

12 set forth in this subsection before disseminating 

13 such proposal to the public in final form. If 

14 after such 60-day period, the Secretary dis15 approves such guidance as inconsistent with the 

16 ‘‘Physical Activity Guidelines for Americans’’ 

17 the proposing agency shall— 

18 (i) publish a notice in the Federal 

19 Register of the availability of the full text 

20 of the proposal and the preamble of such 

21 proposal which shall explain the basis and 

22 purpose for the proposed physical activity 

23 guidance; 

24 (ii) provide in such notice for a public 

25 comment period of 30 days; and 


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1 (iii) make available for public inspec2 tion and copying during normal business 

3 hours any comment received by the agency 

4 during such comment period. 

5 (B) REVIEW OF COMMENTS.—After review 

6 of comments received during the comment pe7 riod, the Secretary may approve for dissemina8 tion by the proposing agency a final version of 

9 such physical activity guidance along with an 

10 explanation of the basis and purpose for the 

11 final guidance which addresses significant and 

12 substantive comments as determined by the 

13 proposing agency. 

14 (C) ANNOUNCEMENT.—Any such final 

15 physical activity guidance to be disseminated 

16 under subparagraph (B) shall be announced in 

17 a notice published in the Federal Register, be18 fore public dissemination along with an address 

19 where copies may be obtained. 

20 (D) NOTIFICATION OF DISAPPROVAL.—If 

21 after the 30-day period for comment as pro22 vided under subparagraph (A)(ii), the Secretary 

23 disapproves a proposed physical activity guid24 ance, the Secretary shall notify the Federal 

25 agency submitting such guidance of such disVerDate Aug 31 2005 01:17 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5639.IH H5639

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1 approval, and such guidance may not be issued, 

2 except as provided in subparagraph (E). 

3 (E) REVIEW OF DISAPPROVAL.—If a pro4 posed physical activity guidance is disapproved 

5 by the Secretary under subparagraph (D), the 

6 Federal agency proposing such guidance may, 

7 within 15 days after receiving notification of 

8 such disapproval under subparagraph (D), re9 quest the Secretary to review such disapproval. 

10 Within 15 days after receiving a request for 

11 such a review, the Secretary shall conduct such 

12 review. If, pursuant to such review, the Sec13 retary approves such proposed physical activity 

14 guidance, such guidance may be issued by the 

15 Federal agency. 

16 (3) DEFINITIONS.—In this subsection: 

17 (A) The term ‘‘physical activity guidance 

18 for the general population’’ does not include 

19 any rule or regulation issued by a Federal agen20 cy. 

21 (B) The term ‘‘identified population sub22 groups’’ shall include, but not be limited to, 

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

24 or physical disability. 


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1 (c) EXISTING AUTHORITY NOT AFFECTED.—This 

2 section does not place any limitations on— 

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

4 medical research by any Federal agency; or 

5 (2) the presentation of any scientific or medical 

6 findings or the exchange or review of scientific or 

7 medical information by any Federal agency. 

Æ 


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