II 

Calendar No. 677 

111TH CONGRESS 

2D SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2009 

Mr. WARNER (for himself, Mr. UDALL of Colorado, Mr. BAYH, Mr. BURRIS, 

Mr. CARPER, Mr. LUGAR, Mr. INOUYE, Mr. MERKLEY, Mr. CARDIN, Mr. 

BROWN of Massachusetts, and Mr. BEGICH) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

DECEMBER 7, 2010 

Reported by Mr. HARKIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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 Physical Fitness and Sports Establishment Act’’. 

4 SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. 

5 (a) ESTABLISHMENT.—There is established the Na6 tional Foundation on Physical Fitness and Sports (herein7 after 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 President’s Council 

13 on Physical Fitness and Sports, to develop a list and 

14 description of programs, events and other activities 

15 which would further the goals outlined in Executive 

16 Order 12345 and with respect to which combined 

17 private and governmental efforts would be beneficial; 

18 and 

19 (2) to encourage and promote the participation 

20 by private organizations in the activities referred to 

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

22 private gifts of money and other property to support 

23 those activities. 

24 (c) DISPOSITION OF MONEY AND PROPERTY.—At 

25 least annually the Foundation shall transfer, after the de26 duction of the administrative expenses of the Foundation, 


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1 the balance of any contributions received for the activities 

2 referred to in subsection (b), to the United States Public 

3 Health Service Gift Fund pursuant to section 2701 of the 

4 Public Health Service Act (42 U.S.C. 300aaa) for expendi5 ture pursuant to the provisions of that section and con6 sistent with the purposes for which the funds were do7 nated. 

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

9 (a) ESTABLISHMENT AND MEMBERSHIP.—The 

10 Foundation shall have a governing Board of Directors 

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

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

13 States citizen and— 

14 (1) 3 of whom must be knowledgeable or experi15 enced in one or more fields directly connected with 

16 physical fitness, sports, or the relationship between 

17 health status and physical exercise; and 

18 (2) 6 of whom must be leaders in the private 

19 sector with a strong interest in physical fitness, 

20 sports, or the relationship between health status and 

21 physical exercise. 

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

23 shall represent diverse professional specialties relating to 

24 the achievement of physical fitness through regular par25 ticipation in programs of exercise, sports, and similar acVerDate Mar 15 2010 01:29 Dec 08, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1275.RS S1275

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1 tivities. The Assistant Secretary for Health, the Executive 

2 Director of the President’s Council on Physical Fitness 

3 and Sports, the Director for the National Center for 

4 Chronic Disease Prevention and Health Promotion, the 

5 Director of the National Heart, Lung, and Blood Insti6 tute, and the Director for the Centers for Disease Control 

7 and Prevention shall be ex officio, nonvoting members of 

8 the Board. Appointment to the Board or its staff shall 

9 not constitute employment by, or the holding of an office 

10 of, the United States for the purposes of any Federal em11 ployment or other law. 

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

13 of enactment of this Act, the members of the Board will 

14 be appointed. Three members of the Board will be ap15 pointed by the Secretary (hereinafter referred to in this 

16 Act as the ‘‘Secretary’’), 2 by the majority leader of the 

17 Senate, 1 by the minority leader of the Senate, 2 by the 

18 Speaker of the House of Representatives, 1 by the minor19 ity leader of the House of Representatives. 

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

21 for a term of 6 years. A vacancy on the Board shall be 

22 filled within 60 days of the vacancy in the same manner 

23 in which the original appointment was made and shall be 

24 for the balance of the term of the individual who was reVerDate Mar 15 2010 01:29 Dec 08, 2010 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1275.RS S1275

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1 placed. No individual may serve more than 2 consecutive 

2 terms as a member. 

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

4 the Board from its members for a 2-year term and will 

5 not be limited in terms or service. 

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

7 of the Board shall constitute a quorum for the transaction 

8 of business. 

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

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

11 3 consecutive regularly scheduled meetings, that member 

12 may be removed from the Board and the vacancy filled 

13 in accordance with subsection (c). 

14 (g) REIMBURSEMENT OF EXPENSES.—Members of 

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

16 for the actual and necessary traveling and subsistence ex17 penses incurred by them in the performance of the duties 

18 of the Foundation, subject to the same limitations on re19 imbursement that are imposed upon employees of Federal 

20 agencies. 

21 (h) LIMITATIONS.—The following limitations apply 

22 with respect to the appointment of officers and employees 

23 of the Foundation: 

24 (1) Officers and employees may not be ap25 pointed until the Foundation has sufficient funds to 


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1 pay them for their service. No individual so ap2 pointed may receive pay in excess of the annual rate 

3 of basic pay in effect for Executive Level V in the 

4 Federal service. 

5 (2) The first officer or employee appointed by 

6 the Board shall be the Secretary of the Board who 

7 shall serve, at the direction of the Board, as its chief 

8 operating officer and shall be knowledgeable and ex9 perienced in matters relating to physical fitness and 

10 sports. 

11 (3) No Public Health Service employee nor the 

12 spouse or dependent relative of such an employee 

13 may serve as an officer or member of the Board of 

14 Directors or as an employee of the Foundation. 

15 (4) Any individual who is an officer, employee, 

16 or member of the Board of the Foundation may not 

17 (in accordance with the policies developed under sub18 section (i)) personally or substantially participate in 

19 the consideration or determination by the Founda20 tion of any matter that would directly or predictably 

21 affect any financial interest of the individual or a 

22 relative (as such term is defined in section 109(16) 

23 of the Ethics in Government Act, 1978) of the indi24 vidual, of any business organization, or other entity, 

25 or of which the individual is an officer or employee, 


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1 is negotiating for employment, or in which the indi2 vidual has any other financial interest. 

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

4 the organization of the Foundation by— 

5 (1) appointing officers and employees; 

6 (2) adopting a constitution and bylaws con7 sistent with the purposes of the Foundation and the 

8 provision of this Act; and 

9 (3) undertaking such other acts as may be nec10 essary to carry out the provisions of this Act. 

11 In establishing bylaws under this subsection, the Board 

12 shall provide for policies with regard to financial conflicts 

13 of interest and ethical standards for the acceptance, solici14 tation and disposition of donations and grants to the 

15 Foundation. 

16 SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 

17 (a) IN GENERAL.—The Foundation— 

18 (1) shall have perpetual succession; 

19 (2) may conduct business throughout the sev20 eral States, territories, and possessions of the 

21 United States; 

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

23 District of Columbia; and 


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1 (4) shall at all times maintain a designated 

2 agent authorized to accept service of process for the 

3 Foundation. 

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

5 agent required under paragraph (4), or mailed to the busi6 ness address of such agent, shall be deemed as service 

7 upon or notice to the Foundation. 

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

9 selected by the Board which shall be judicially noticed. 

10 (c) POWERS.—To carry out its purposes under sec11 tion 2, and subject to the specific provisions thereof, the 

12 Foundation shall have the usual powers of a corporation 

13 acting as a trustee in the District of Columbia, including 

14 the power— 

15 (1) except as otherwise provided herein, to ac16 cept, receive, solicit, hold, administer and use any 

17 gift, devise, or bequest, either absolutely or in trust, 

18 of real or personal property or any income therefrom 

19 or other interest therein; 

20 (2) to acquire by purchase or exchange any real 

21 or personal property or interest therein; 

22 (3) unless otherwise required by the instrument 

23 of transfer, to sell, donate, lease, invest, reinvest, re24 tain or otherwise dispose of any property or income 

25 therefrom; 


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1 (4) to sue and be sued, and complain and de2 fend itself in any court of competent jurisdiction, ex3 cept for gross negligence; 

4 (5) to enter into contracts or other arrange5 ments with public agencies and private organizations 

6 and persons and to make such payments as may be 

7 necessary to carry out its functions; and 

8 (6) to do any and all acts necessary and proper 

9 to carry out the purposes of the Foundation. 

10 For purposes of this Act, an interest in real property shall 

11 be treated as including easements or other rights for pres12 ervation, conservation, protection, or enhancement by and 

13 for the public of natural, scenic, historic, scientific, edu14 cational inspirational or recreational resources. A gift, de15 vise, or bequest may be accepted by the Foundation even 

16 though it is encumbered, restricted, or subject to beneficial 

17 interests of private persons if any current or future inter18 est therein is for the benefit of the Foundation. 

19 SEC. 5. PROTECTION AND USES OF TRADEMARKS AND 

20 TRADE NAMES. 

21 (a) PROTECTION.—Without the consent of the Foun22 dation in conjunction with the President’s Council on 

23 Physical Fitness and Sports, any person who uses for the 

24 purpose of trade, uses to induce the sale of any goods or 


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1 services, or uses to promote any theatrical exhibition, ath2 letic performance or competition— 

3 (1) the official seal of the President’s Council 

4 on Physical Fitness and Sports consisting of the 

5 eagle holding an olive branch and arrows with shield 

6 breast encircled by name ‘‘President’s Council on 

7 Physical Fitness and Sports’’ and consisting, de8 pending upon placement, of diagonal stripes; 

9 (2) the official seal of the Foundation; or 

10 (3) any trademark, trade name, sign, symbol, 

11 or insignia falsely representing association with or 

12 authorization by the President’s Council on Physical 

13 Fitness and Sports or the Foundation; 

14 shall be subject in a civil action by the Foundation for 

15 the remedies provided in the Act of July 9, 1946 (60 Stat. 

16 427; popularly known as the Trademark Act of 1946). 

17 (b) USES.—The Foundation, in conjunction with the 

18 President’s Council on Physical Fitness and Sports, may 

19 authorize contributors and suppliers of goods or services 

20 to use the trade name or the President’s Council on Phys21 ical Fitness and Sports and the Foundation as well as any 

22 trademark, seal, symbol, insignia, or emblem of the Presi23 dent’s Council on Physical Fitness and Sports or the 

24 Foundation in advertising that the contributors, goods, or 

25 services when donated, supplied, or furnished to or for the 


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1 use of, or approved, selected, or used by the President’s 

2 Council on Physical Fitness and Sports or the Founda3 tion. 

4 SEC. 6. VOLUNTEER STATUS. 

5 The Foundation may accept, without regard to the 

6 civil service classification laws, rules, or regulations, the 

7 services of volunteers in the performance of the functions 

8 authorized herein, in the manner provided for under sec9 tion 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 

10 742f(c)). 

11 SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF 

12 ATTORNEY GENERAL FOR EQUITABLE RE13 LIEF. 

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

15 Act for audit of accounts of private corporations estab16 lished under Federal law’’, approved August 30, 1964 

17 (Public Law 88–504, 36 U.S.C. 1101–1103), the Founda18 tion shall be treated as a private corporation under Fed19 eral law. The Inspector General of the Department of 

20 Health and Human Services and the Comptroller General 

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

22 other records of the Foundation, upon reasonable notice. 

23 (b) REPORT.—The Foundation shall, as soon as prac24 ticable after the end of each fiscal year, transmit to the 

25 Secretary of Health and Human Services and to Congress 


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1 a report of its proceedings and activities during such year, 

2 including a full and complete statement of its receipts, ex3 penditures, and investments. 

4 (c) RELIEF WITH RESPECT TO CERTAIN FOUNDA5 TION ACTS OR FAILURE TO ACT.—If the Foundation— 

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

7 act, practice or policy that is inconsistent with its 

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

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

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

11 the Attorney General of the United States may petition 

12 in the United States District Court for the District of Co13 lumbia for such equitable relief as may be necessary or 

14 appropriate. 

15 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

16 For fiscal year 2010, there are authorized to be ap17 propriated such sums as may be necessary, to be made 

18 available to the Foundation for organizational costs. 

19 SECTION 1. SHORT TITLE. 

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

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

22 SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. 

23 (a) ESTABLISHMENT.—There is established the Na24 tional Foundation on Fitness, Sports, and Nutrition (here25 inafter in this Act referred to as the ‘‘Foundation’’). The 


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1 Foundation is a charitable and nonprofit corporation and 

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

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

4 are— 

5 (1) in conjunction with the Office of the Presi6 dent’s Council on Fitness, Sports and Nutrition, to 

7 develop a list and description of programs, events and 

8 other activities which would further the purposes and 

9 functions outlined in Executive Order 13265, as 

10 amended, and with respect to which combined private 

11 and governmental efforts would be beneficial; 

12 (2) to encourage and promote the participation 

13 by private organizations in the activities referred to 

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

15 private gifts of money and other property to support 

16 those activities; and 

17 (3) in consultation with such Office, to under18 take and support activities to further the purposes 

19 and functions of such Executive Order. 

20 (c) PROHIBITION ON FEDERAL FUNDING.—The Foun21 dation may not accept any Federal funds. 

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

23 (a) ESTABLISHMENT AND MEMBERSHIP.—The Foun24 dation shall have a governing Board of Directors (herein25 after referred to in this Act as the ‘‘Board’’), which shall 


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1 consist of 9 members each of whom shall be a United States 

2 citizen and— 

3 (1) 3 of whom should be knowledgeable or experi4 enced in one or more fields directly connected with 

5 physical fitness, sports, nutrition, or the relationship 

6 between health status and physical exercise; and 

7 (2) 6 of whom should be leaders in the private 

8 sector with a strong interest in physical fitness, 

9 sports, nutrition, or the relationship between health 

10 status and physical exercise. 

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

12 should represent diverse professional specialties relating to 

13 the achievement of physical fitness through regular partici14 pation in programs of exercise, sports, and similar activi15 ties, or to nutrition. The Assistant Secretary for Health, 

16 the Executive Director of the President’s Council on Fitness, 

17 Sports and Nutrition, the Director for the National Center 

18 for Chronic Disease Prevention and Health Promotion, the 

19 Director of the National Heart, Lung, and Blood Institute, 

20 and the Director for the Centers for Disease Control and 

21 Prevention shall be ex officio, nonvoting members of the 

22 Board. Appointment to the Board or its staff shall not con23 stitute employment by, or the holding of an office of, the 

24 United States for the purposes of laws relating to Federal 

25 employment. 


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

2 enactment of this Act, the members of the Board shall be 

3 appointed by the Secretary in accordance with this sub4 section. In selecting individuals for appointments to the 

5 Board, the Secretary should consult with— 

6 (1) the Speaker of the House of Representatives 

7 concerning the appointment of one member; 

8 (2) the Majority Leader of the House of Rep9 resentatives concerning the appointment of one mem10 ber; 

11 (3) the Majority Leader of the Senate concerning 

12 the appointment of one member; 

13 (4) the President Pro Tempore concerning the 

14 appointment of one member; 

15 (5) the Minority Leader of the House of Rep16 resentatives concerning the appointment of one mem17 ber; and 

18 (6) the Minority Leader of the Senate concerning 

19 the appointment of one member. 

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

21 a term of 6 years, except that the original members of the 

22 Board shall be appointed for staggered terms as determined 

23 appropriate by the Secretary. A vacancy on the Board shall 

24 be filled within 60 days of the vacancy in the same manner 

25 in which the original appointment was made and shall be 


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1 for the balance of the term of the individual who was re2 placed. No individual may serve more than 2 consecutive 

3 terms as a member. 

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

5 Board from its members for a 2-year term and shall not 

6 be limited in terms or service, other than as provided in 

7 subsection (c). 

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

9 of the Board shall constitute a quorum for the transaction 

10 of business. 

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

12 the Chairman at least once a year. If a member misses 3 

13 consecutive regularly scheduled meetings, that member may 

14 be removed from the Board and the vacancy filled in accord15 ance with subsection (c). 

16 (g) REIMBURSEMENT OF EXPENSES.—Members of the 

17 Board shall serve without pay, but may be reimbursed for 

18 the actual and necessary traveling and subsistence expenses 

19 incurred by them in the performance of the duties of the 

20 Foundation, subject to the same limitations on reimburse21 ment that are imposed upon employees of Federal agencies. 

22 (h) LIMITATIONS.—The following limitations apply 

23 with respect to the appointment of employees of the Founda24 tion: 


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1 (1) Employees may not be appointed until the 

2 Foundation has sufficient funds to pay them for their 

3 service. No individual so appointed may receive a sal4 ary in excess of the annual rate of basic pay in effect 

5 for Executive Level V in the Federal service. A mem6 ber of the Board may not receive compensation for 

7 serving as an employee of the Foundation. 

8 (2) The first employee appointed by the Board 

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

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

11 officer and shall be knowledgeable and experienced in 

12 matters relating to physical fitness, sports, and nutri13 tion. 

14 (3) No Public Health Service employee nor the 

15 spouse or dependent relative of such an employee may 

16 serve as a member of the Board of Directors or as an 

17 employee of the Foundation. 

18 (4) Any individual who is an employee or mem19 ber of the Board of the Foundation may not (in ac20 cordance with the policies developed under subsection 

21 (i)) personally or substantially participate in the con22 sideration or determination by the Foundation of any 

23 matter that would directly or predictably affect any 

24 financial interest of— 


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

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

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

4 (B) any business organization, or other en5 tity, of which the individual is an officer or em6 ployee, is negotiating for employment, or in 

7 which the individual has any other financial in8 terest. 

9 (i) GENERAL POWERS.—The Board may complete the 

10 organization of the Foundation by— 

11 (1) appointing employees; 

12 (2) adopting a constitution and bylaws con13 sistent with the purposes of the Foundation and the 

14 provision of this Act; and 

15 (3) undertaking such other acts as may be nec16 essary to carry out the provisions of this Act. 

17 In establishing bylaws under this subsection, the Board 

18 shall provide for policies with regard to financial conflicts 

19 of interest and ethical standards for the acceptance, solicita20 tion and disposition of donations and grants to the Founda21 tion. 

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

23 (a) IN GENERAL.—The Foundation— 

24 (1) shall have perpetual succession; 


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1 (2) may conduct business throughout the several 

2 States, territories, and possessions of the United 

3 States; 

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

5 District of Columbia; and 

6 (4) shall at all times maintain a designated 

7 agent authorized to accept service of process for the 

8 Foundation. 

9 The serving of notice to, or service of process upon, the agent 

10 required under paragraph (4), or mailed to the business ad11 dress of such agent, shall be deemed as service upon or no12 tice to the Foundation. 

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

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

15 in section 5. 

16 (c) INCORPORATION; NONPROFIT STATUS.—To carry 

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

18 Board shall— 

19 (1) incorporate the Foundation in the District of 

20 Columbia; and 

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

22 necessary to ensure that the Foundation maintains 

23 status as an organization that is described in section 

24 501(c)(3) of the Internal Revenue Code of 1986. 


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1 (d) POWERS.—Subject to the specific provisions of sec2 tion 2, the Foundation, in consultation with the Office of 

3 the President’s Council on Fitness, Sports, and Nutrition, 

4 shall have the power, directly or by the awarding of con5 tracts or grants, to carry out or support activities for the 

6 purposes described in such section. 

7 (e) TREATMENT OF PROPERTY.—For purposes of this 

8 Act, an interest in real property shall be treated as includ9 ing easements or other rights for preservation, conservation, 

10 protection, or enhancement by and for the public of natural, 

11 scenic, historic, scientific, educational inspirational or rec12 reational resources. A gift, devise, or bequest may be accept13 ed by the Foundation even though it is encumbered, re14 stricted, or subject to beneficial interests of private persons 

15 if any current or future interest therein is for the benefit 

16 of the Foundation. 

17 SEC. 5. PROTECTION AND USES OF TRADEMARKS AND 

18 TRADE NAMES. 

19 (a) TRADEMARKS OF THE FOUNDATION.—Authoriza20 tion for a contributor, or a supplier of goods or services, 

21 to use, in advertising regarding the contribution, goods, or 

22 services, the trade name of the Foundation, or any trade23 mark, seal, symbol, insignia, or emblem of the Foundation 

24 may be provided only by the Foundation with the concur25 rence of the Secretary or the Secretary’s designee. 


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1 (b) TRADEMARKS OF THE COUNCIL.——Authorization 

2 for a contributor or supplier described in subsection (a) to 

3 use, in such advertising, the trade name of the President’s 

4 Council on Fitness, Sports, and Nutrition, or any trade5 mark, seal, symbol, insignia, or emblem of such Council, 

6 may be provided— 

7 (1) by the Secretary or the Secretary’s designee; 

8 or 

9 (2) by the Foundation with the concurrence of 

10 the Secretary or the Secretary’s designee. 

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

12 ATTORNEY GENERAL FOR EQUITABLE RE13 LIEF. 

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

15 for audit of accounts of private corporations established 

16 under Federal law’’, approved August 30, 1964 (Public Law 

17 88–504, 36 U.S.C. 1101–1103), the Foundation shall be 

18 treated as a private corporation under Federal law. The 

19 Inspector General of the Department of Health and Human 

20 Services and the Comptroller General of the United States 

21 shall have access to the financial and other records of the 

22 Foundation, upon reasonable notice. 

23 (b) REPORT.—The Foundation shall, not later than 60 

24 days after the end of each fiscal year, transmit to the Sec25 retary and to Congress a report of its proceedings and acVerDate Mar 15 2010 01:29 Dec 08, 2010 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\S1275.RS S1275

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1 tivities during such year, including a full and complete 

2 statement of its receipts, expenditures, and investments. 

3 (c) RELIEF WITH RESPECT TO CERTAIN FOUNDATION

4 ACTS OR FAILURE TO ACT.—If the Foundation— 

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

6 act, practice or policy that is inconsistent with its 

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

8 (2) refuses, fails, or neglects to discharge its obli9 gations under this Act, or threaten to do so; 

10 the Attorney General of the United States may petition in 

11 the United States District Court for the District of Colum12 bia for such equitable relief as may be necessary or appro13 priate. 


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Calendar No. 677 

111TH CONGRESS 

2D SESSION S. 1275 

A BILL 

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 supDECEMBER 7, 2010 

Reported with an amendment 


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