111TH CONGRESS 

2D SESSION S. 1275 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Foundation 

3 on Fitness, Sports, and Nutrition Establishment Act’’. 

4 SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. 

5 (a) ESTABLISHMENT.—There is established the Na6 tional Foundation on Fitness, Sports, and Nutrition (here7 inafter in this Act referred to as the ‘‘Foundation’’). The 

8 Foundation is a charitable and nonprofit corporation and 

9 is not an agency or establishment of the United States. 

10 (b) PURPOSES.—The purposes of the Foundation 

11 are— 

12 (1) in conjunction with the Office of the Presi13 dent’s Council on Fitness, Sports and Nutrition, to 

14 develop a list and description of programs, events 

15 and other activities which would further the pur16 poses and functions outlined in Executive Order 

17 13265, as amended, and with respect to which com18 bined private and governmental efforts would be 

19 beneficial; 

20 (2) to encourage and promote the participation 

21 by private organizations in the activities referred to 

22 in subsection (b)(1) and to encourage and promote 

23 private gifts of money and other property to support 

24 those activities; and 
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1 (3) in consultation with such Office, to under2 take and support activities to further the purposes 

3 and functions of such Executive Order. 

4 (c) PROHIBITION ON FEDERAL FUNDING.—The 

5 Foundation may not accept any Federal funds. 

6 SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. 

7 (a) ESTABLISHMENT AND MEMBERSHIP.—The 

8 Foundation shall have a governing Board of Directors 

9 (hereinafter referred to in this Act as the ‘‘Board’’), which 

10 shall consist of 9 members each of whom shall be a United 

11 States citizen and— 

12 (1) 3 of whom should be knowledgeable or expe13 rienced in one or more fields directly connected with 

14 physical fitness, sports, nutrition, or the relationship 

15 between health status and physical exercise; and 

16 (2) 6 of whom should be leaders in the private 

17 sector with a strong interest in physical fitness, 

18 sports, nutrition, or the relationship between health 

19 status and physical exercise. 

20 The membership of the Board, to the extent practicable, 

21 should represent diverse professional specialties relating to 

22 the achievement of physical fitness through regular par23 ticipation in programs of exercise, sports, and similar ac24 tivities, or to nutrition. The Assistant Secretary for 

25 Health, the Executive Director of the President’s Council 
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1 on Fitness, Sports and Nutrition, the Director for the Na2 tional Center for Chronic Disease Prevention and Health 

3 Promotion, the Director of the National Heart, Lung, and 

4 Blood Institute, and the Director for the Centers for Dis5 ease Control and Prevention shall be ex officio, nonvoting 

6 members of the Board. Appointment to the Board or its 

7 staff shall not constitute employment by, or the holding 

8 of an office of, the United States for the purposes of laws 

9 relating to Federal employment. 

10 (b) APPOINTMENTS.—Within 90 days from the date 

11 of enactment of this Act, the members of the Board shall 

12 be appointed by the Secretary in accordance with this sub13 section. In selecting individuals for appointments to the 

14 Board, the Secretary should consult with— 

15 (1) the Speaker of the House of Representa16 tives concerning the appointment of one member; 

17 (2) the Majority Leader of the House of Rep18 resentatives concerning the appointment of one 

19 member; 

20 (3) the Majority Leader of the Senate con21 cerning the appointment of one member; 

22 (4) the President Pro Tempore concerning the 

23 appointment of one member; 
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1 (5) the Minority Leader of the House of Rep2 resentatives concerning the appointment of one 

3 member; and 

4 (6) the Minority Leader of the Senate con5 cerning the appointment of one member. 

6 (c) TERMS.—The members of the Board shall serve 

7 for a term of 6 years, except that the original members 

8 of the Board shall be appointed for staggered terms as 

9 determined appropriate by the Secretary. A vacancy on the 

10 Board shall be filled within 60 days of the vacancy in the 

11 same manner in which the original appointment was made 

12 and shall be for the balance of the term of the individual 

13 who was replaced. No individual may serve more than 2 

14 consecutive terms as a member. 

15 (d) CHAIRMAN.—The Chairman shall be elected by 

16 the Board from its members for a 2-year term and shall 

17 not be limited in terms or service, other than as provided 

18 in subsection (c). 

19 (e) QUORUM.—A majority of the current membership 

20 of the Board shall constitute a quorum for the transaction 

21 of business. 

22 (f) MEETINGS.—The Board shall meet at the call of 

23 the Chairman at least once a year. If a member misses 

24 3 consecutive regularly scheduled meetings, that member 
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1 may be removed from the Board and the vacancy filled 

2 in accordance with subsection (c). 

3 (g) REIMBURSEMENT OF EXPENSES.—Members of 

4 the Board shall serve without pay, but may be reimbursed 

5 for the actual and necessary traveling and subsistence ex6 penses incurred by them in the performance of the duties 

7 of the Foundation, subject to the same limitations on re8 imbursement that are imposed upon employees of Federal 

9 agencies. 

10 (h) LIMITATIONS.—The following limitations apply 

11 with respect to the appointment of employees of the Foun12 dation: 

13 (1) Employees may not be appointed until the 

14 Foundation has sufficient funds to pay them for 

15 their service. No individual so appointed may receive 

16 a salary in excess of the annual rate of basic pay in 

17 effect for Executive Level V in the Federal service. 

18 A member of the Board may not receive compensa19 tion for serving as an employee of the Foundation. 

20 (2) The first employee appointed by the Board 

21 shall be the Secretary of the Board who shall serve, 

22 at the direction of the Board, as its chief operating 

23 officer and shall be knowledgeable and experienced 

24 in matters relating to physical fitness, sports, and 

25 nutrition. 
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1 (3) No Public Health Service employee nor the 

2 spouse or dependent relative of such an employee 

3 may serve as a member of the Board of Directors 

4 or as an employee of the Foundation. 

5 (4) Any individual who is an employee or mem6 ber of the Board of the Foundation may not (in ac7 cordance with the policies developed under sub8 section (i)) personally or substantially participate in 

9 the consideration or determination by the Founda10 tion of any matter that would directly or predictably 

11 affect any financial interest of— 

12 (A) the individual or a relative (as such 

13 term is defined in section 109(16) of the Ethics 

14 in Government Act, 1978) of the individual; or 

15 (B) any business organization, or other en16 tity, of which the individual is an officer or em17 ployee, is negotiating for employment, or in 

18 which the individual has any other financial in19 terest. 

20 (i) GENERAL POWERS.—The Board may complete 

21 the organization of the Foundation by— 

22 (1) appointing employees; 

23 (2) adopting a constitution and bylaws con24 sistent with the purposes of the Foundation and the 

25 provision of this Act; and 
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1 (3) undertaking such other acts as may be nec2 essary to carry out the provisions of this Act. 

3 In establishing bylaws under this subsection, the Board 

4 shall provide for policies with regard to financial conflicts 

5 of interest and ethical standards for the acceptance, solici6 tation and disposition of donations and grants to the 

7 Foundation. 

8 SEC. 4. POWERS AND DUTIES OF THE FOUNDATION. 

9 (a) IN GENERAL.—The Foundation— 

10 (1) shall have perpetual succession; 

11 (2) may conduct business throughout the sev12 eral States, territories, and possessions of the 

13 United States; 

14 (3) shall have its principal offices in or near the 

15 District of Columbia; and 

16 (4) shall at all times maintain a designated 

17 agent authorized to accept service of process for the 

18 Foundation. 

19 The serving of notice to, or service of process upon, the 

20 agent required under paragraph (4), or mailed to the busi21 ness address of such agent, shall be deemed as service 

22 upon or notice to the Foundation. 

23 (b) SEAL.—The Foundation shall have an official seal 

24 selected by the Board which may be used as provided for 

25 in section 5. 
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1 (c) INCORPORATION; NONPROFIT STATUS.—To carry 

2 out the purposes of the Foundation under section 2, the 

3 Board shall— 

4 (1) incorporate the Foundation in the District 

5 of Columbia; and 

6 (2) establish such policies and bylaws as may be 

7 necessary to ensure that the Foundation maintains 

8 status as an organization that is described in section 

9 501(c)(3) of the Internal Revenue Code of 1986. 

10 (d) POWERS.—Subject to the specific provisions of 

11 section 2, the Foundation, in consultation with the Office 

12 of the President’s Council on Fitness, Sports, and Nutri13 tion, shall have the power, directly or by the awarding of 

14 contracts or grants, to carry out or support activities for 

15 the purposes described in such section. 

16 (e) TREATMENT OF PROPERTY.—For purposes of 

17 this Act, an interest in real property shall be treated as 

18 including easements or other rights for preservation, con19 servation, protection, or enhancement by and for the pub20 lic of natural, scenic, historic, scientific, educational inspi21 rational or recreational resources. A gift, devise, or be22 quest may be accepted by the Foundation even though it 

23 is encumbered, restricted, or subject to beneficial interests 

24 of private persons if any current or future interest therein 

25 is for the benefit of the Foundation. 
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1 SEC. 5. PROTECTION AND USES OF TRADEMARKS AND 

2 TRADE NAMES. 

3 (a) TRADEMARKS OF THE FOUNDATION.—Authoriza4 tion for a contributor, or a supplier of goods or services, 

5 to use, in advertising regarding the contribution, goods, 

6 or services, the trade name of the Foundation, or any 

7 trademark, seal, symbol, insignia, or emblem of the Foun8 dation may be provided only by the Foundation with the 

9 concurrence of the Secretary or the Secretary’s designee. 

10 (b) TRADEMARKS OF THE COUNCIL.—Authorization 

11 for a contributor or supplier described in subsection (a) 

12 to use, in such advertising, the trade name of the Presi13 dent’s Council on Fitness, Sports, and Nutrition, or any 

14 trademark, seal, symbol, insignia, or emblem of such 

15 Council, may be provided— 

16 (1) by the Secretary or the Secretary’s des17 ignee; or 

18 (2) by the Foundation with the concurrence of 

19 the Secretary or the Secretary’s designee. 

20 SEC. 6. AUDIT, REPORT REQUIREMENTS, AND PETITION OF 

21 ATTORNEY GENERAL FOR EQUITABLE RE22 LIEF. 

23 (a) AUDITS.—For purposes of the Act entitled ‘‘An 

24 Act for audit of accounts of private corporations estab25 lished under Federal law’’, approved August 30, 1964 

26 (Public Law 88–504, 36 U.S.C. 1101–1103), the Founda-
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1 tion shall be treated as a private corporation under Fed2 eral law. The Inspector General of the Department of 

3 Health and Human Services and the Comptroller General 

4 of the United States shall have access to the financial and 

5 other records of the Foundation, upon reasonable notice. 

6 (b) REPORT.—The Foundation shall, not later than 

7 60 days after the end of each fiscal year, transmit to the 

8 Secretary and to Congress a report of its proceedings and 

9 activities during such year, including a full and complete 

10 statement of its receipts, expenditures, and investments. 

11 (c) RELIEF WITH RESPECT TO CERTAIN FOUNDA12 TION ACTS OR FAILURE TO ACT.—If the Foundation— 

13 (1) engages in, or threatens to engage in, any 

14 act, practice or policy that is inconsistent with its 

15 purposes set forth in section 2(b); or 

16 (2) refuses, fails, or neglects to discharge its 

17 obligations under this Act, or threaten to do so; 

18 the Attorney General of the United States may petition 

19 in the United States District Court for the District of Co-
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1 lumbia for such equitable relief as may be necessary or 

2 appropriate. 

Passed the Senate December 9, 2010. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION S. 1275 

AN ACT 

To establish a National Foundation on Physical 

dent’s Council on Physical Fitness and Sports. port and supplement the mission of the PresiFitness and Sports to carry out activities to sup-