[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing 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.