,,ii ,calendar ,no4 #dgi #aacth         
,,congress  #b;d ,session  ,s4 #eca     
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,march #ab1 #bjac,mr4 ,harkin 
7for himself and ,mr4 ,wicker7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,july #bc1       
#bjad,reported by ,mr4 ,harkin1 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 ,americans4  #a4 ,short  
title ,this ,act may be cited as the    
,physical ,activity ,guidelines for     
,americans ,act4  #b4 ,physical activity
 guidelines for ,americans  7a7 ,report 
7#a7 ,in general ,at least every #aj    
years1 the ,secretary of ,health and    
,human ,services 7in this section       
referred to as the ,secretary7 shall    

publish a report entitled ,physical     
,activity ,guidelines for ,americans4   
,each such report shall contain physical
 activity information and guidelines for
 the general public1 and shall be       
promoted by each ,federal agency in     
carrying out any ,federal health        
program4 ,not later than #e years after 
the publication of the first such       
report1 and every #aj years thereafter1 
the ,secretary shall publish a report   
highlighting the best practices and     
continuing issues in the physical       
activity arena1 which may focus on a    
particular group1 subsection1 or other  
division of the general public or a     
particular issue relating to the        
physical activity of ,americans4  7#b7  
,basis of guidelines ,the information   
and guidelines contained in each report 
required under paragraph 7#a7 shall be  
based on the preponderance of the       
scientific and medical knowledge which  
is current at the time the report is    
prepared1 and shall include guidelines  

for identified population subgroups1    
including children1 if the preponderance
 of scientific and medical knowledge    
indicates those subgroups require       
different levels of physical activity4  
7b7 ,approval by ,secretary  7#a7       
,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 #fj-;day review period4
  7#b7 ,basis of review  7,a7 ,in       
general ,during the #fj-;day review     
period established in paragraph 7#a71   
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 ,secretary4 ,if after such 
#fj-;day review period the ,secretary   
has not notified the proposing agency   

that such guidance has been disapproved1
 then such guidance may be issued by the
 agency4 ,if the ,secretary disapproves 
such guidance1 it shall be returned to  
the agency4 ,if the ,secretary finds    
that such guidance is inconsistent with 
the ,physical ,activity ,guidelines for 
,americans and so notifies the proposing
 agency1 such agency shall follow the   
procedures set forth in this subsection 
before disseminating such proposal to   
the public in final form4 ,if after such
 #fj-;day period1 the ,secretary        
disapproves such guidance as            
inconsistent with the ,physical         
,activity ,guidelines for ,americans the
 proposing agency shall-- 7i7 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 guidance2  7ii7 provide in such
 notice for a public comment period of  
#cj days2 and  7iii7 make available for 

public inspection and copying during    
normal business hours any comment       
received by the agency during such      
comment period4  7,b7 ,review of        
comments ,after review of comments      
received during the comment period1 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 
agency4  7,c7 ,announcement ,any such   
final physical activity guidance to be  
disseminated under subparagraph 7,b7    
shall be announced in a notice published
 in the ,federal ,register1 before      
public dissemination along with an      
address where copies may be obtained4   
7,d7 ,notification of disapproval ,if   
after the #cj-;day period for comment as
 provided under subparagraph 7,a77ii71  
the ,secretary disapproves a proposed   
physical activity guidance1 the         

,secretary shall notify the ,federal    
agency submitting such guidance of such 
disapproval1 and such guidance may not  
be issued1 except as provided in        
subparagraph 7,e74  7,e7 ,review of     
disapproval ,if a proposed physical     
activity guidance is disapproved by the 
,secretary under subparagraph 7,d71 the 
,federal agency proposing such guidance 
may1 within #ae days after receiving    
notification of such disapproval under  
subparagraph 7,d71 request the          
,secretary to review such disapproval4  
,within #ae days after receiving a      
request for such a review1 the          
,secretary shall conduct such review4   
,if1 pursuant to such review1 the       
,secretary approves such proposed       
physical activity guidance1 such        
guidance may be issued by the ,federal  
agency4  7#c7 ,definitions ,in this     
subsection3 7,a7 ,the term physical     
activity guidance for the general       
population does not include any rule or 
regulation issued by a ,federal agency4 

7,b7 ,the term identified population    
subgroups shall include1 but not be     
limited to1 groups based on factors such
 as age1 sex1 race1 or physical         
disability4  7c7 ,existing authority not
 affected ,this section does not place  
any limitations on-- 7#a7 the conduct or
 support of any scientific or medical   
research by any ,federal agency2 or     
7#b7 the presentation of any scientific 
or medical findings or the exchange or  
review of scientific or medical         
information by any ,federal agency4  #a4
 ,short title ,this ,act may be cited as
 the ,promoting ,physical ,activity for 
,americans ,act4  #b4 ,physical activity
 recommendations for ,americans  7a7    
,reports  7#a7 ,in general ,not later   
than ,december #ca1 #bjah1 and at least 
every #aj years thereafter1 the         
,secretary of ,health and ,human        
,services 7referred to in this section  
as the ,secretary7 shall publish a      
report that provides physical activity  
recommendations for the people of the   

,united ,states4 ,each such report shall
 contain physical activity information  
and recommendations for consideration   
and use by the general public1 and shall
 be considered1 as applicable and       
appropriate1 by relevant ,federal       
agencies in carrying out relevant       
,federal health programs4  7#b7 ,basis  
of recommendations ,the information     
contained in each report required under 
paragraph 7#a7 shall be based on the    
most current evidence-based scientific  
and medical knowledge at the time the   
report is prepared1 and shall include   
additional information for population   
subgroups1 such as children or          
individuals with disabilities1 if       
scientific and medical evidence         
indicates that physical activity        
recommendations vary in such a manner   
that such stratification is warranted4  
7#c7 ,update reports ,not later than #e 
years after the publication of the first
 report under paragraph 7#a71 and every 
#aj years thereafter1 the ,secretary    

shall publish an update report detailing
 evidence-based practices and           
highlighting continuing issues with     
respect to physical activity4 ,the      
contents of reports under this paragraph
 may focus on a particular group1       
subsection1 or other division of the    
general public or on a particular issue 
relating to physical activity4  7b7     
,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 7a77#a7 shall submit such    
proposed recommendations to the         
,secretary for review1 and as           
appropriate1 approval1 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   
knowledge4  7c7 ,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 
agency4  ,amend the title so as to read3
 ,a bill to provide for the publication 
by the ,secretary of ,health and ,human 
,services of physical activity          
recommendations for ,americans44 ,july  
#bc1 #bjad,reported with an amendment   
and an amendment to the title