Congressional Record, Volume 156 Issue 162 (Thursday, December 9, 2010)

[Congressional Record Volume 156, Number 162 (Thursday, December 9, 2010)]
[Senate]
[Pages S8690-S8692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL FOUNDATION ON PHYSICAL FITNESS AND SPORTS ESTABLISHMENT ACT

Mr. WYDEN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 677, S. 1275.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:

[[Page S8691]]

A bill (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.

There being no objection, the Senate proceeded to consider the
bill, which had been reported from the Committee on Health, Education,
Labor, and Pensions, which an amendment to strike all after the
enacting clause and insert in lieu thereof the following:

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

[[Page S8692]]

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.

Mr. WYDEN. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be agreed to, the bill, as amended, be
read a third time and passed, and the motions to reconsider be laid
upon the table, with no intervening action or debate, and any
statements related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported substitute amendment was agreed to.
The bill (S. 1275), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.

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