[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1275 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1275
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2009
Mr. Warner introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
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 Physical
Fitness and Sports Establishment Act''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) Establishment.--There is established the National Foundation on
Physical Fitness and Sports (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 President's Council on Physical
Fitness and Sports, to develop a list and description of
programs, events and other activities which would further the
goals outlined in Executive Order 12345 and with respect to
which combined private and governmental efforts would be
beneficial; and
(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.
(c) Disposition of Money and Property.--At least annually the
Foundation shall transfer, after the deduction of the administrative
expenses of the Foundation, the balance of any contributions received
for the activities referred to in subsection (b), to the United States
Public Health Service Gift Fund pursuant to section 2701 of the Public
Health Service Act (42 U.S.C. 300aaa) for expenditure pursuant to the
provisions of that section and consistent with the purposes for which
the funds were donated.
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 must be knowledgeable or experienced in one
or more fields directly connected with physical fitness,
sports, or the relationship between health status and physical
exercise; and
(2) 6 of whom must be leaders in the private sector with a
strong interest in physical fitness, sports, or the
relationship between health status and physical exercise.
The membership of the Board, to the extent practicable, shall represent
diverse professional specialties relating to the achievement of
physical fitness through regular participation in programs of exercise,
sports, and similar activities. The Assistant Secretary for Health, the
Executive Director of the President's Council on Physical Fitness and
Sports, 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 any Federal employment or other law.
(b) Appointments.--Within 90 days from the date of enactment of
this Act, the members of the Board will be appointed. Three members of
the Board will be appointed by the Secretary (hereinafter referred to
in this Act as the ``Secretary''), 2 by the majority leader of the
Senate, 1 by the minority leader of the Senate, 2 by the Speaker of the
House of Representatives, 1 by the minority leader of the House of
Representatives.
(c) Terms.--The members of the Board shall serve for a term of 6
years. 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 will not be limited in terms or service.
(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 officers and employees of the Foundation:
(1) Officers and employees may not be appointed until the
Foundation has sufficient funds to pay them for their service.
No individual so appointed may receive pay in excess of the
annual rate of basic pay in effect for Executive Level V in the
Federal service.
(2) The first officer or 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 and sports.
(3) No Public Health Service employee nor the spouse or
dependent relative of such an employee may serve as an officer
or member of the Board of Directors or as an employee of the
Foundation.
(4) Any individual who is an officer, 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, of any
business organization, or other entity, or 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 officers and 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. RIGHTS AND OBLIGATIONS 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 shall be judicially noticed.
(c) Powers.--To carry out its purposes under section 2, and subject
to the specific provisions thereof, the Foundation shall have the usual
powers of a corporation acting as a trustee in the District of
Columbia, including the power--
(1) except as otherwise provided herein, to accept,
receive, solicit, hold, administer and use any gift, devise, or
bequest, either absolutely or in trust, of real or personal
property or any income therefrom or other interest therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein;
(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain or
otherwise dispose of any property or income therefrom;
(4) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except for gross
negligence;
(5) to enter into contracts or other arrangements with
public agencies and private organizations and persons and to
make such payments as may be necessary to carry out its
functions; and
(6) to do any and all acts necessary and proper to carry
out the purposes of the Foundation.
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) Protection.--Without the consent of the Foundation in
conjunction with the President's Council on Physical Fitness and
Sports, any person who uses for the purpose of trade, uses to induce
the sale of any goods or services, or uses to promote any theatrical
exhibition, athletic performance or competition--
(1) the official seal of the President's Council on
Physical Fitness and Sports consisting of the eagle holding an
olive branch and arrows with shield breast encircled by name
``President's Council on Physical Fitness and Sports'' and
consisting, depending upon placement, of diagonal stripes;
(2) the official seal of the Foundation; or
(3) any trademark, trade name, sign, symbol, or insignia
falsely representing association with or authorization by the
President's Council on Physical Fitness and Sports or the
Foundation;
shall be subject in a civil action by the Foundation for the remedies
provided in the Act of July 9, 1946 (60 Stat. 427; popularly known as
the Trademark Act of 1946).
(b) Uses.--The Foundation, in conjunction with the President's
Council on Physical Fitness and Sports, may authorize contributors and
suppliers of goods or services to use the trade name or the President's
Council on Physical Fitness and Sports and the Foundation as well as
any trademark, seal, symbol, insignia, or emblem of the President's
Council on Physical Fitness and Sports or the Foundation in advertising
that the contributors, goods, or services when donated, supplied, or
furnished to or for the use of, or approved, selected, or used by the
President's Council on Physical Fitness and Sports or the Foundation.
SEC. 6. VOLUNTEER STATUS.
The Foundation may accept, without regard to the civil service
classification laws, rules, or regulations, the services of volunteers
in the performance of the functions authorized herein, in the manner
provided for under section 7(c) of the Fish and Wildlife Act of 1956
(16 U.S.C. 742f(c)).
SEC. 7. 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, as soon as practicable after the
end of each fiscal year, transmit to the Secretary of Health and Human
Services 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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
For fiscal year 2010, there are authorized to be appropriated such
sums as may be necessary, to be made available to the Foundation for
organizational costs.
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