What This Bill Does
This bill requires the Secretary of Health and Human Services to publish a report with physical activity recommendations for Americans. The report will be based on current scientific evidence and will be available for federal agencies and the public to use. The secretary must update these recommendations every 10 years.
Who It Affects
The general public of the United States, federal agencies carrying out health programs, children, individuals with disabilities, and any federal agency that wants to issue physical activity recommendations.
Key Provisions
• The Secretary of Health and Human Services must publish a physical activity recommendations report by December 31, 2029, and then at least every 10 years after that (Sec. 2(a)(1))
• Each report must include physical activity recommendations for the general public and special recommendations for population subgroups like children and people with disabilities (Sec. 2(a)(2))
• The recommendations in each report must be based on the most current evidence-based scientific and medical knowledge available when the report is prepared (Sec. 2(a)(2))
• Federal agencies that want to issue physical activity recommendations different from the most recent report must consider the recommendations in the official reports (Sec. 2(b))
• No physical fitness standard created under this bill can legally require any person to meet it (Sec. 2(d))
What Changes
If this becomes law, the federal government will have an official, regularly updated source of physical activity recommendations based on current science that federal agencies and the public can reference.
Important Definitions
None defined.
II
118TH CONGRESS
1ST SESSION
S. 397
To provide for the publication by the Secretary of Health and Human Services
of physical activity recommendations for Americans.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 13, 2023
Mr. BROWN (for himself, Mr. WICKER, and Mrs. CAPITO) introduced the fol-
lowing bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
A BILL
To provide for the publication by the Secretary of Health
and Human Services of physical activity recommenda-
tions for Americans.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Promoting Physical
4
Activity for Americans Act’’.
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SEC. 2. PHYSICAL ACTIVITY RECOMMENDATIONS FOR
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AMERICANS.
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(a) REPORTS.—
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•S 397 IS
(1) IN GENERAL.—Not later than December 31,
1
2029, and at least every 10 years thereafter, the
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Secretary of Health and Human Services (referred
3
to in this section as the ‘‘Secretary’’) shall publish
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a report that provides physical activity recommenda-
5
tions for the people of the United States. Each such
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report shall contain physical activity information and
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recommendations for consideration and use by the
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general public, and shall be considered, as applicable
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and appropriate, by relevant Federal agencies in car-
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rying out relevant Federal health programs.
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(2) BASIS OF RECOMMENDATIONS.—The infor-
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mation contained in each report required under
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paragraph (1) shall be based on the most current
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evidence-based scientific and medical knowledge at
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the time the report is prepared, and shall include ad-
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ditional recommendations for population subgroups,
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such as children or individuals with disabilities, in-
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cluding information regarding engagement in appro-
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priate physical activity and avoiding inactivity.
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(3) UPDATE REPORTS.—Not later than 5 years
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after the publication of the first report under para-
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graph (1), and at least every 10 years thereafter, the
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Secretary shall publish an updated report detailing
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evidence-based practices and highlighting continuing
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•S 397 IS
issues with respect to physical activity. The contents
1
of reports under this paragraph may focus on a par-
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ticular group, subsection, or other division of the
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general public or on a particular issue relating to
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physical activity.
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(b) INTERACTION
WITH
OTHER
RECOMMENDA-
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TIONS.—Federal agencies proposing to issue physical ac-
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tivity recommendations that differ from the recommenda-
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tions in the most recent report published under subsection
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(a)(1) shall, as applicable and appropriate, take into con-
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sideration the recommendations provided through reports
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issued under this Act.
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(c) EXISTING AUTHORITY NOT AFFECTED.—This
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section is not intended to limit the support of biomedical
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research by any Federal agency or to limit the presen-
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tation or communication of scientific or medical findings
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or review of such findings by any Federal agency.
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(d) LIMITATION.—Notwithstanding any other provi-
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sion of this Act, no physical fitness standard established
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under this Act shall be binding on any individual as a mat-
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ter of Federal law or regulation.
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Æ
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