[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[Senate]
[Pages 19439-19440]
[From the U.S. 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:

       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

[[Page 19440]]

     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.

  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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