[Congressional Record Volume 156, Number 165 (Tuesday, December 14, 2010)]
[House]
[Pages H8321-H8324]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NATIONAL FOUNDATION ON FITNESS, SPORTS, AND NUTRITION ESTABLISHMENT ACT

  Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the 
bill

[[Page H8322]]

(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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1275

       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.

[[Page H8323]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentleman from Wisconsin (Mr. Petri) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Mr. Speaker, I request 5 legislative days during which 
Members may revise, extend and insert extraneous material on S. 1275 
into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. I yield myself as much time as I may consume.
  Mr. Speaker, today I rise in support of S. 1275, which establishes a 
National Foundation on Fitness, Sports, and Nutrition to carry out 
activities to support and supplement the mission of the President's 
Council on Physical Fitness and Sports.
  According to a 2009 study by the Centers for Disease Control and 
Prevention, 33 States currently have an obesity prevalence rate of 25 
percent or greater, and roughly 25 million children, one in three kids, 
over the age of six are obese or overweight. These numbers represent a 
dramatic and concerning increase in obesity in the United States over 
the past 20 years.
  These growing rates require that we take some action. The creation of 
this foundation is a move in that direction.
  According to the Department of Health and Human Services, adults 18 
and older need 30 minutes of physical activity. Unfortunately, 25 
percent of American children do not participate in any free-time 
physical activity, and 92 percent of our youth have no year-round daily 
physical education or activity. It is vital that we encourage our 
children to be healthy and active individuals.
  The President's Council on Fitness, Sports and Nutrition is a 
volunteer advisory committee created by President Eisenhower in 1956. 
The council collaborates with Federal, State, and local agencies, the 
private sector, and nonprofit organizations to promote physical fitness 
in sports. However, despite its critically important mission, the 
council's budget has been reduced over time and is now approximately 
just $1.2 million per year.
  This legislation would establish a foundation to work in conjunction 
with the council to bring much-needed private resources to the fight 
against youth inactivity and obesity. Not only will this foundation 
increase the reach and impact of the council in promoting physical 
fitness, sports, and nutrition programs across the country; it will not 
use any taxpayer resources.
  With the support of private funds, the foundation will make strategic 
grants and increase public awareness of Federal policies and programs 
to improve physical fitness and nutrition. To oversee such activities, 
the foundation will be governed by a bipartisan, 11-member board of 
directors.
  Establishing this independent foundation will contribute to our 
national efforts to end childhood obesity and improve child nutrition. 
Yesterday, the President signed the Healthy, Hunger-Free Kids Act to 
dramatically improve children's access to nutritious meals and enhance 
the quality of meals they eat in and out of school.
  Additionally, the First Lady's Let's Move campaign has set a goal of 
ending childhood obesity in a generation. The Let's Move campaign is a 
collaborative and community-oriented initiative which engages every 
sector of our society that impacts the health of children. It seeks to 
provide schools, families, and communities the simple tools they need 
to help kids be more active, eat better, and get healthy. The bill adds 
to these efforts by enhancing the tools available to improve the health 
and well-being of our children.
  Mr. Speaker, I want to thank the sponsor of the Senate bill, Senator 
Mark Warner of Virginia, and the sponsor of its companion legislation 
in the House, Representative John Sarbanes of Maryland, for their 
leadership in bringing this important legislation to the floor.
  I also want to thank Chairman Waxman of the Energy and Commerce 
Committee for working with the Education and Labor Committee to allow 
this bill to move quickly to the floor.
  I urge my colleagues to join me in supporting this legislation to 
establish a National Foundation on Fitness, Sports, and Nutrition.

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                Washington, DC, December 14, 2010.
     Hon. George Miller,
     Chairman, Committee on Education and Labor, Rayburn House 
         Office Building, Washington, DC.
       Dear Chairman Miller: I am writing to confirm our 
     understanding regarding S. 1275, the ``National Foundation on 
     Fitness, Sports, and Nutrition Establishment Act.'' The 
     Committee on Energy and Commerce has jurisdictional interest 
     in the bill. In light of the interest in moving this bill 
     forward promptly, I am not exercising the jurisdiction of the 
     Committee on Energy and Commerce regarding S. 1275, with the 
     understanding that taking this course does not prejudice the 
     Committee's jurisdictional interests and prerogatives on this 
     or similar legislation in the future.
       I would appreciate your including this letter during 
     consideration of the bill on the House floor. Thank you for 
     your cooperation on this matter.
           Sincerely,
                                                  Henry A. Waxman,
     Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Education and Labor,

                                Washington, DC, December 14, 2010.
     Hon. Henry A. Waxman,
     Chairman, Committee on Energy and Commerce, Rayburn House 
         Office Building, Washington, DC.
       Dear Chairman Waxman: Thank you for your December 14, 2010, 
     letter regarding the jurisdictional interest of the Committee 
     on Energy and Commerce in S. 1275, the National Foundation on 
     Fitness, Sports, and Nutrition Establishment Act. I 
     appreciate your assistance in ensuring its timely 
     consideration and in refraining from exercising any such 
     jurisdiction at this time. I acknowledge that, by not taking 
     such action, the Committee on Energy and Commerce does not 
     prejudice any jurisdictional interest or other prerogative it 
     may have.
       I value your cooperation and look forward to working with 
     you as we move ahead with this important legislation.
           Sincerely,
                                                    George Miller,
                                                         Chairman.

  I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  Today, we consider S. 1275, the National Foundation on Physical 
Fitness and Sports Establishment Act. This legislation would establish 
a charitable and nonprofit foundation to raise private funds to carry 
out new initiatives by the President's Council on Fitness, Sports and 
Nutrition. The bill establishes a board of directors to govern the 
activities of the foundation appointed by the Speaker, the majority 
leaders of the House and Senate, and the minority leaders of the House 
and Senate.
  First established in 1965, the President's Council on Fitness, Sports 
and Nutrition has been renewed by every President for the last 45 
years. The council is made up of 25 volunteer citizens, including New 
Orleans Saints

[[Page H8324]]

quarterback and Super Bowl XLIV MVP Drew Brees, three-time Olympic 
gymnast Dominique Dawes, Billie Jean King, Grant Hill, and Michelle 
Kwan.

                              {time}  1620

  The council advises the President and the Secretary of Health and 
Human Services on opportunities to develop accessible, affordable, and 
sustainable physical activity, fitness, sports, and nutrition programs 
for all Americans regardless of age, background, or ability.
  The council has played an important role over the years in raising 
the awareness of Americans about the need to become physically active. 
It sponsors an array of programs, events, and initiatives, including 
the establishment of May as National Physical Fitness and Sports Month; 
runs the Presidential Physical Fitness Award; recognizes national and 
local contributions to physical activities; and has played an 
instrumental role in the development of physical activity guidelines, 
dietary guidelines, and the National Physical Activity Plan.
  Currently, the President's Council on Fitness, Sports and Nutrition 
lacks any grant making or regulatory authority, which has limited its 
activities to providing consultation and technical assistance, general 
publications, a Web site, and guidance to schools, government agencies, 
and other interested parties on how to improve physical activity.
  The bill before us, S. 1275, would establish a charitable and 
nonprofit foundation to raise private funds so that the council can 
award grants to carry out and support its activities. The foundation is 
similar to those established for the National Institutes of Health and 
the Centers for Disease Control. Foundations created by Congress allow 
these programs to create partnerships with the private sector, leverage 
funds, and expand their work without increasing Federal expenditures. 
Consistent with this belief, the bill prohibits the foundation from 
accepting or competing for any Federal funds.
  As has been stated on this floor in the past, childhood and adult 
obesity is an issue that has now reached epidemic proportions in the 
United States. In 2008, 17 percent of children between the ages of 2 
and 19 were obese, and approximately 70 to 80 percent of overweight or 
obese children remain obese in adulthood. These children are more 
likely to develop diseases such as high blood pressure and type 2 
diabetes. In order to reverse these dangerous trends, Americans need 
information and support to improve their diet and promote exercise in 
their daily lives. The bill will establish the President's Council on 
Fitness, Sports and Nutrition and will ensure that it continues to play 
an important role in attacking the obesity crisis that is negatively 
impacting the health of all Americans.
  I would also like to mention at this point the contributions of our 
former colleague from Maryland, Tom McMillen, in urging that we attempt 
this important matter before the end of this Congress, and I urge my 
colleagues to join me in doing so.
  I yield back the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentleman from Maryland (Mr. Sarbanes), the sponsor of the companion 
legislation in the House.
  Mr. SARBANES. Mr. Speaker, I thank the gentleman for yielding.
  I rise in strong support. It's a privilege to rise today in support 
of S. 1275 and its companion, H.R. 4322, which is an act to create the 
National Foundation on Fitness, Sports and Nutrition, which is designed 
to support the President's Council on Fitness, Sports and Nutrition.
  I want to thank the many cosponsors of this legislation. It's a 
bipartisan bill. We have strong support from both Republicans and 
Democrats and have done so all the way through this process. I want to 
thank Congressman George Miller for his efforts in moving this from the 
Education and Labor Committee, and I want to salute his staff for 
working so closely with us. And of course Senator Mark Warner, who is 
the sponsor on the Senate side of this legislation. I, too, want to 
salute former Congressman Tom McMillen who has been just a tireless 
advocate for establishing this foundation which can support the mission 
of the President's Council on Fitness, Sports and Nutrition. This 
council was first established, as has been indicated a couple of times, 
by President Eisenhower back in 1956, who understood that we needed to 
create a focus here at the Federal level on the issue of healthy 
lifestyles, on fitness, on physical activity, and getting people 
outside into regular activity. And today we have the council with the 
same mission, a very important mission, more important I think than 
ever before.

  You have heard the discussion about the increasing incidence of 
obesity among the next generation, the importance of encouraging 
regular physical activity, of paying attention to nutrition. I, myself, 
am very focused on research that shows that the average young person 
today spends about 7\1/2\ hours a day on television, video games, 
Internet, and handheld electronic devices, and about 4 minutes a day--
that's minutes a day--outside in unstructured physical recreation. 
That's a real changeover from the way things used to be, and it means 
that we really have to focus our young people on engaging in regular 
physical activity. And there is a lot of attention on that, and that's 
what the President's Council on Fitness, Sports and Nutrition is all 
about.
  Now, as was mentioned, the Federal dollars that are available to 
support the President's council are relatively limited, and I think we 
can expect that that is going to be the case going forward. Luckily, 
though, there are many people in the private sector, private citizens, 
others, who are ready to step forward and contribute to this effort 
because they understand how critically important the mission of the 
President's council is. So they are ready to do that. They are, in 
fact, very excited about the newly appointed commissioner to the 
President's council and I think the outpouring of support that that is 
going to generate. And they are ready to step forward and help.
  Unfortunately, up until now, up until the creation of this act, of 
this foundation, there hasn't really been a mechanism by which private 
parties could step forward and support the mission of the council. And 
that's exactly what this legislation is designed to do. The foundation 
that is created by this bill makes it possible for the foundation, upon 
behalf of the President's council, to solicit, receive, and administer 
private contributions. So this is going to give people a chance to step 
forward and say, This mission is a critical one, and we want to support 
it with our private dollars.
  This is a very accepted model. We have seen it work with the National 
Park Service, with the National Institutes of Health, with the Centers 
for Disease Control. And I think it's a wonderful opportunity to 
strengthen the council's mission going forward. For that reason, I urge 
support of this bill.
  Mr. GRIJALVA. I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules 
and pass the bill, S. 1275.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________