[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2748 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2748
To direct the Secretary of Health and Human Services to publish
physical activity guidelines for the general public, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2008
Mr. Harkin (for himself and Mr. Brownback) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
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 Representatives 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 GUIDELINES.
(a) Report.--
(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 agency 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 preponderance 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 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.
(2) Basis of review.--
(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--
(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;
(ii) provide in such notice for a public
comment period of 30 days; and
(iii) make available for public inspection
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 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.
(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.
(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).
(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.
(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 agency.
(B) The term ``identified population subgroups''
shall include, but not be limited to, groups based on
factors such as age, sex, race, or disability.
(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.
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