One Hundred Eleventh Congress of the United States of America
Begun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
IN THE SENATE OF THE UNITED STATES
To establish a National Foundation on Physical Fitness and Sports to carry out activities to support and supplement the mission of the President’s Council on Physical Fitness and Sports.
This Act may be cited as the
National Foundation on Fitness,
Sports, and Nutrition Establishment Act.
Establishment and purpose of Foundation
There is established the National
Foundation on Fitness, Sports, and Nutrition (hereinafter in this Act referred
to as the
Foundation). The Foundation is a charitable and
nonprofit corporation and is not an agency or establishment of the United
The purposes of the Foundation are—
in conjunction with the Office of the President's Council on Fitness, Sports and Nutrition, to develop a list and description of programs, events and other activities which would further the purposes and functions outlined in Executive Order 13265, as amended, and with respect to which combined private and governmental efforts would be beneficial;
to encourage and promote the participation by private organizations in the activities referred to in subsection (b)(1) and to encourage and promote private gifts of money and other property to support those activities; and
in consultation with such Office, to undertake and support activities to further the purposes and functions of such Executive Order.
Prohibition on Federal funding
The Foundation may not accept any Federal funds.
Board of Directors of the Foundation
Establishment and Membership
The Foundation shall have a governing Board
of Directors (hereinafter referred to in this Act as the
which shall consist of 9 members each of whom shall be a United States citizen
3 of whom should be knowledgeable or experienced in one or more fields directly connected with physical fitness, sports, nutrition, or the relationship between health status and physical exercise; and
6 of whom should be leaders in the private sector with a strong interest in physical fitness, sports, nutrition, or the relationship between health status and physical exercise.
Within 90 days from the date of enactment of this Act, the members of the Board shall be appointed by the Secretary in accordance with this subsection. In selecting individuals for appointments to the Board, the Secretary should consult with—
the Speaker of the House of Representatives concerning the appointment of one member;
the Majority Leader of the House of Representatives concerning the appointment of one member;
the Majority Leader of the Senate concerning the appointment of one member;
the President Pro Tempore concerning the appointment of one member;
the Minority Leader of the House of Representatives concerning the appointment of one member; and
the Minority Leader of the Senate concerning the appointment of one member.
The members of the Board shall serve for a term of 6 years, except that the original members of the Board shall be appointed for staggered terms as determined appropriate by the Secretary. A vacancy on the Board shall be filled within 60 days of the vacancy in the same manner in which the original appointment was made and shall be for the balance of the term of the individual who was replaced. No individual may serve more than 2 consecutive terms as a member.
The Chairman shall be elected by the Board from its members for a 2-year term and shall not be limited in terms or service, other than as provided in subsection (c).
A majority of the current membership of the Board shall constitute a quorum for the transaction of business.
The Board shall meet at the call of the Chairman at least once a year. If a member misses 3 consecutive regularly scheduled meetings, that member may be removed from the Board and the vacancy filled in accordance with subsection (c).
Reimbursement of Expenses
Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation, subject to the same limitations on reimbursement that are imposed upon employees of Federal agencies.
The following limitations apply with respect to the appointment of employees of the Foundation:
Employees may not be appointed until the Foundation has sufficient funds to pay them for their service. No individual so appointed may receive a salary in excess of the annual rate of basic pay in effect for Executive Level V in the Federal service. A member of the Board may not receive compensation for serving as an employee of the Foundation.
The first employee appointed by the Board shall be the Secretary of the Board who shall serve, at the direction of the Board, as its chief operating officer and shall be knowledgeable and experienced in matters relating to physical fitness, sports, and nutrition.
No Public Health Service employee nor the spouse or dependent relative of such an employee may serve as a member of the Board of Directors or as an employee of the Foundation.
Any individual who is an employee or member of the Board of the Foundation may not (in accordance with the policies developed under subsection (i)) personally or substantially participate in the consideration or determination by the Foundation of any matter that would directly or predictably affect any financial interest of—
the individual or a relative (as such term is defined in section 109(16) of the Ethics in Government Act, 1978) of the individual; or
any business organization, or other entity, of which the individual is an officer or employee, is negotiating for employment, or in which the individual has any other financial interest.
The Board may complete the organization of the Foundation by—
adopting a constitution and bylaws consistent with the purposes of the Foundation and the provision of this Act; and
undertaking such other acts as may be necessary to carry out the provisions of this Act.
Powers and duties of the Foundation
shall have perpetual succession;
may conduct business throughout the several States, territories, and possessions of the United States;
shall have its principal offices in or near the District of Columbia; and
shall at all times maintain a designated agent authorized to accept service of process for the Foundation.
The Foundation shall have an official seal selected by the Board which may be used as provided for in section 5.
Incorporation; nonprofit status
To carry out the purposes of the Foundation under section 2, the Board shall—
incorporate the Foundation in the District of Columbia; and
establish such policies and bylaws as may be necessary to ensure that the Foundation maintains status as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986.
Subject to the specific provisions of section 2, the Foundation, in consultation with the Office of the President’s Council on Fitness, Sports, and Nutrition, shall have the power, directly or by the awarding of contracts or grants, to carry out or support activities for the purposes described in such section.
Treatment of property
For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational inspirational or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation.
Protection and uses of trademarks and trade names
Trademarks of the Foundation
Authorization for a contributor, or a supplier of goods or services, to use, in advertising regarding the contribution, goods, or services, the trade name of the Foundation, or any trademark, seal, symbol, insignia, or emblem of the Foundation may be provided only by the Foundation with the concurrence of the Secretary or the Secretary's designee.
Trademarks of the Council
Authorization for a contributor or supplier described in subsection (a) to use, in such advertising, the trade name of the President's Council on Fitness, Sports, and Nutrition, or any trademark, seal, symbol, insignia, or emblem of such Council, may be provided—
by the Secretary or the Secretary's designee; or
by the Foundation with the concurrence of the Secretary or the Secretary's designee.
Audit, report requirements, and petition of attorney general for equitable relief
For purposes of the Act entitled
Act for audit of accounts of private corporations established under Federal
law, approved August 30, 1964 (Public Law 88–504,
1101–1103), the Foundation shall be treated as a private
corporation under Federal law. The Inspector General of the Department of
Health and Human Services and the Comptroller General of the United States
shall have access to the financial and other records of the Foundation, upon
The Foundation shall, not later than 60 days after the end of each fiscal year, transmit to the Secretary and to Congress a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments.
Relief With Respect to Certain Foundation Acts or Failure To Act
If the Foundation—
engages in, or threatens to engage in, any act, practice or policy that is inconsistent with its purposes set forth in section 2(b); or
refuses, fails, or neglects to discharge its obligations under this Act, or threaten to do so;
Speaker of the House of Representatives
Vice President of the United States and President of the Senate