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 Com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Physical Activity 
Guidelines for Americans Act of 2009’’. 
SEC. 2. ESTABLISHMENT OF PHYSICAL ACTIVITY GUIDE-
LINES. 
(a) REPORT.— 
VerDate Nov 24 2008 
04:50 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3851.IH
H3851
jbell on DSKDVH8Z91PROD with BILLS
(1) IN GENERAL.—At least every 5 years, the 
Secretary of Health and Human Services (in this 
Act 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 agen-
cy in carrying out any Federal health program. 
(2) BASIS OF GUIDELINES.—The information 
and guidelines contained in each report required 
under paragraph (1) shall be based on the prepon-
derance of the scientific and medical knowledge 
which is current at the time the report is prepared. 
(b) APPROVAL BY SECRETARY.— 
(1) REVIEW.—Any Federal agency that pro-
poses to issue any physical activity guidance for the 
general population or identified population sub-
groups shall submit the text of such guidance to the 
Secretary for a 60-day review period. 
(2) BASIS OF REVIEW.— 
(A) IN GENERAL.—During the 60-day re-
view period established in paragraph (1), the 
Secretary shall review and approve or dis-
approve such guidance to assure that the guid-
ance either is consistent with the ‘‘Physical Ac-
VerDate Nov 24 2008 
04:50 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3851.IH
H3851
jbell on DSKDVH8Z91PROD with BILLS
tivity 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 pe-
riod the Secretary has not notified the pro-
posing agency that such guidance has been dis-
approved, 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 incon-
sistent 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 dis-
approves such guidance as inconsistent with the 
‘‘Physical Activity Guidelines for Americans’’ 
the proposing agency shall— 
(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; 
VerDate Nov 24 2008 
04:50 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3851.IH
H3851
jbell on DSKDVH8Z91PROD with BILLS