I
111th CONGRESS
1st Session
H. R. 3851
IN THE HOUSE OF REPRESENTATIVES
October 20, 2009
Mr. Gordon of Tennessee (for himself, Mr. Wamp, Mrs. Bono Mack, and Mr. Kind) 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.
Short title
This Act may be cited as the
Physical Activity Guidelines for
Americans Act of 2009
.
Establishment of physical activity guidelines
Report
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.
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.
Approval by Secretary
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.
Basis of review
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—
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;
provide in such notice for a public comment period of 30 days; and
make available for public inspection and copying during normal business hours any comment received by the agency during such comment period.
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.
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.
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).
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.
Definitions
In this subsection:
The term
physical activity guidance for the general population
does not
include any rule or regulation issued by a Federal agency.
The term
identified population subgroups
shall include, but not be
limited to, groups based on factors such as age, sex, race, or physical
disability.
Existing authority not affected
This section does not place any limitations on—
the conduct or support of any scientific or medical research by any Federal agency; or
the presentation of any scientific or medical findings or the exchange or review of scientific or medical information by any Federal agency.