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. 
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 2008’’. 
SEC. 2. ESTABLISHMENT OF PHYSICAL ACTIVITY GUIDE-
LINES. 
(a) REPORT.— 
(1) IN GENERAL.—At least every 5 years, the 
Secretary of Health and Human Services (in this 
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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-
tivity Guidelines for Americans’’ or that the 
guidance is based on medical or new scientific 
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(iii) make available for public inspec-
tion and copying during normal business 
hours any comment received by the agency 
during such comment period. 
(B) REVIEW OF COMMENTS.—After review 
of comments received during the comment pe-
riod, the Secretary may approve for dissemina-
tion 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. 
(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, be-
fore public dissemination along with an address 
where copies may be obtained. 
(D) NOTIFICATION OF DISAPPROVAL.—If 
after the 30-day period for comment as pro-
vided under subparagraph (A)(ii), the Secretary 
disapproves a proposed physical activity guid-
ance, the Secretary shall notify the Federal 
agency submitting such guidance of such dis-
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approval, and such guidance may not be issued, 
except as provided in subparagraph (E). 
(E) REVIEW OF DISAPPROVAL.—If a pro-
posed 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), re-
quest 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 Sec-
retary approves such proposed physical activity 
guidance, such guidance may be issued by the 
Federal agency. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘physical activity guidance 
for the general population’’ does not include 
any rule or regulation issued by a Federal agen-
cy. 
(B) The term ‘‘identified population sub-
groups’’ shall include, but not be limited to, 
groups based on factors such as age, sex, race, 
or physical disability. 
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(c) EXISTING AUTHORITY NOT AFFECTED.—This 
section does not place any limitations on— 
(1) the conduct or support of any scientific or 
medical research by any Federal agency; or 
(2) the presentation of any scientific or medical 
findings or the exchange or review of scientific or 
medical information by any Federal agency. 
Æ 
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