[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 531 Reported in Senate (RS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Physical Activity
Guidelines for Americans Act''.</DELETED>
<DELETED>SEC. 2. PHYSICAL ACTIVITY GUIDELINES FOR AMERICANS.</DELETED>
<DELETED> (a) Report.--</DELETED>
<DELETED> (1) In general.--At least every 10 years, the
Secretary of Health and Human Services (in this section
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 agency in carrying out any Federal health program.
Not later than 5 years after the publication of the first such
report, and every 10 years thereafter, the Secretary shall
publish a report highlighting the best practices and continuing
issues in the physical activity arena, which may focus on a
particular group, subsection, or other division of the general
public or a particular issue relating to the physical activity
of Americans.</DELETED>
<DELETED> (2) Basis of guidelines.--The information and
guidelines contained in each report required under paragraph
(1) shall be based on the preponderance of the scientific and
medical knowledge which is current at the time the report is
prepared, and shall include guidelines for identified
population subgroups, including children, if the preponderance
of scientific and medical knowledge indicates those subgroups
require different levels of physical activity.</DELETED>
<DELETED> (b) Approval by Secretary.--</DELETED>
<DELETED> (1) Review.--Any Federal agency that proposes to
issue any physical activity guidance for the general population
or identified population subgroups shall submit the text of
such guidance to the Secretary for a 60-day review
period.</DELETED>
<DELETED> (2) Basis of review.--</DELETED>
<DELETED> (A) In general.--During the 60-day review
period established in paragraph (1), the Secretary
shall review and approve or disapprove such guidance to
assure that the guidance either is consistent with the
``Physical Activity 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 period the
Secretary has not notified the proposing agency that
such guidance has been disapproved, 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
inconsistent 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 disapproves such guidance as inconsistent
with the ``Physical Activity Guidelines for Americans''
the proposing agency shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) provide in such notice for a
public comment period of 30 days; and</DELETED>
<DELETED> (iii) make available for public
inspection and copying during normal business
hours any comment received by the agency during
such comment period.</DELETED>
<DELETED> (B) Review of comments.--After review of
comments received during the comment period, the
Secretary may approve for dissemination 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.</DELETED>
<DELETED> (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, before public dissemination along
with an address where copies may be obtained.</DELETED>
<DELETED> (D) Notification of disapproval.--If after
the 30-day period for comment as provided under
subparagraph (A)(ii), the Secretary disapproves a
proposed physical activity guidance, the Secretary
shall notify the Federal agency submitting such
guidance of such disapproval, and such guidance may not
be issued, except as provided in subparagraph
(E).</DELETED>
<DELETED> (E) Review of disapproval.--If a proposed
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), request 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 Secretary
approves such proposed physical activity guidance, such
guidance may be issued by the Federal agency.</DELETED>
<DELETED> (3) Definitions.--In this subsection:</DELETED>
<DELETED> (A) The term ``physical activity guidance
for the general population'' does not include any rule
or regulation issued by a Federal agency.</DELETED>
<DELETED> (B) The term ``identified population
subgroups'' shall include, but not be limited to,
groups based on factors such as age, sex, race, or
physical disability.</DELETED>
<DELETED> (c) Existing Authority Not Affected.--This section does
not place any limitations on--</DELETED>
<DELETED> (1) the conduct or support of any scientific or
medical research by any Federal agency; or</DELETED>
<DELETED> (2) the presentation of any scientific or medical
findings or the exchange or review of scientific or medical
information by any Federal agency.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Physical Activity for
Americans Act''.
SEC. 2. PHYSICAL ACTIVITY RECOMMENDATIONS FOR AMERICANS.
(a) Reports.--
(1) In general.--Not later than December 31, 2018, and at
least every 10 years thereafter, the Secretary of Health and
Human Services (referred to in this section as the
``Secretary'') shall publish a report that provides physical
activity recommendations for the people of the United States.
Each such report shall contain physical activity information
and recommendations for consideration and use by the general
public, and shall be considered, as applicable and appropriate,
by relevant Federal agencies in carrying out relevant Federal
health programs.
(2) Basis of recommendations.--The information contained in
each report required under paragraph (1) shall be based on the
most current evidence-based scientific and medical knowledge at
the time the report is prepared, and shall include additional
information for population subgroups, such as children or
individuals with disabilities, if scientific and medical
evidence indicates that physical activity recommendations vary
in such a manner that such stratification is warranted.
(3) Update reports.--Not later than 5 years after the
publication of the first report under paragraph (1), and every
10 years thereafter, the Secretary shall publish an update
report detailing evidence-based practices and highlighting
continuing issues with respect to physical activity. The
contents of reports under this paragraph may focus on a
particular group, subsection, or other division of the general
public or on a particular issue relating to physical activity.
(b) Interaction With Other Recommendations.--Federal agencies
proposing to issue physical activity recommendations that differ from
the recommendations in the most recent report published under
subsection (a)(1) shall submit such proposed recommendations to the
Secretary for review, and as appropriate, approval, to ensure that such
recommendations are either consistent with the physical activity
recommendations published under such subsection or based on the most
current evidence-based scientific and medical knowledge.
(c) Existing Authority Not Affected.--This section is not intended
to limit the support of biomedical research by any Federal agency or to
limit the presentation or communication of scientific or medical
findings or review 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 Services of
physical activity recommendations for Americans.''.
Calendar No. 479
113th CONGRESS
2d Session
S. 531
_______________________________________________________________________
A BILL
To provide for the publication by the Secretary of Human Services of
physical activity guidelines for Americans.
_______________________________________________________________________
July 23, 2014
Reported with an amendment and an amendment to the title