[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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