[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1275 Enrolled Bill (ENR)]
S.1275
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
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.
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 ``National Foundation on Fitness,
Sports, and Nutrition Establishment Act''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) Establishment.--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 States.
(b) Purposes.--The purposes of the Foundation are--
(1) 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;
(2) 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
(3) in consultation with such Office, to undertake and support
activities to further the purposes and functions of such Executive
Order.
(c) Prohibition on Federal Funding.--The Foundation may not accept
any Federal funds.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--The Foundation shall have a
governing Board of Directors (hereinafter referred to in this Act as
the ``Board''), which shall consist of 9 members each of whom shall be
a United States citizen and--
(1) 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
(2) 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.
The membership of the Board, to the extent practicable, should
represent diverse professional specialties relating to the achievement
of physical fitness through regular participation in programs of
exercise, sports, and similar activities, or to nutrition. The
Assistant Secretary for Health, the Executive Director of the
President's Council on Fitness, Sports and Nutrition, the Director for
the National Center for Chronic Disease Prevention and Health
Promotion, the Director of the National Heart, Lung, and Blood
Institute, and the Director for the Centers for Disease Control and
Prevention shall be ex officio, nonvoting members of the Board.
Appointment to the Board or its staff shall not constitute employment
by, or the holding of an office of, the United States for the purposes
of laws relating to Federal employment.
(b) Appointments.--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--
(1) the Speaker of the House of Representatives concerning the
appointment of one member;
(2) the Majority Leader of the House of Representatives
concerning the appointment of one member;
(3) the Majority Leader of the Senate concerning the
appointment of one member;
(4) the President Pro Tempore concerning the appointment of one
member;
(5) the Minority Leader of the House of Representatives
concerning the appointment of one member; and
(6) the Minority Leader of the Senate concerning the
appointment of one member.
(c) Terms.--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.
(d) Chairman.--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).
(e) Quorum.--A majority of the current membership of the Board
shall constitute a quorum for the transaction of business.
(f) Meetings.--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).
(g) 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.
(h) Limitations.--The following limitations apply with respect to
the appointment of employees of the Foundation:
(1) 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.
(2) 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.
(3) 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.
(4) 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--
(A) 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
(B) 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.
(i) General Powers.--The Board may complete the organization of the
Foundation by--
(1) appointing employees;
(2) adopting a constitution and bylaws consistent with the
purposes of the Foundation and the provision of this Act; and
(3) undertaking such other acts as may be necessary to carry
out the provisions of this Act.
In establishing bylaws under this subsection, the Board shall provide
for policies with regard to financial conflicts of interest and ethical
standards for the acceptance, solicitation and disposition of donations
and grants to the Foundation.
SEC. 4. POWERS AND DUTIES OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States;
(3) shall have its principal offices in or near the District of
Columbia; and
(4) shall at all times maintain a designated agent authorized
to accept service of process for the Foundation.
The serving of notice to, or service of process upon, the agent
required under paragraph (4), or mailed to the business address of such
agent, shall be deemed as service upon or notice to the Foundation.
(b) Seal.--The Foundation shall have an official seal selected by
the Board which may be used as provided for in section 5.
(c) Incorporation; Nonprofit Status.--To carry out the purposes of
the Foundation under section 2, the Board shall--
(1) incorporate the Foundation in the District of Columbia; and
(2) 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.
(d) Powers.--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.
(e) 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.
SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.
(a) 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.
(b) 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--
(1) by the Secretary or the Secretary's designee; or
(2) by the Foundation with the concurrence of the Secretary or
the Secretary's designee.
SEC. 6. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Audits.--For purposes of the Act entitled ``An Act for audit of
accounts of private corporations established under Federal law'',
approved August 30, 1964 (Public Law 88-504, 36 U.S.C. 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 reasonable
notice.
(b) Report.--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.
(c) Relief With Respect to Certain Foundation Acts or Failure To
Act.--If the Foundation--
(1) 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
(2) refuses, fails, or neglects to discharge its obligations
under this Act, or threaten to do so;
the Attorney General of the United States may petition in the United
States District Court for the District of Columbia for such equitable
relief as may be necessary or appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.