    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-332
    111th Congress

    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

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    (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.

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    (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.

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    (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--

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    (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.

    Approved December 22, 2010.

    LEGISLATIVE HISTORY--S. 1275:
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    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Dec. 9, considered and passed Senate.
    Dec. 14, considered and passed House.